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At a regular meeting of the Board of Trustees of the Village of Arcade, Wyoming County, New York held on Tuesday, September 16, 2003, at 7:00 P.M. there were:
PRESENT
Mayor Michael Doster, Deputy Mayor Hugh Ely, Trustee Ginger Comstock, Trustee Richard Kosmerl, Trustee Daniel Reisdorf
ALSO PRESENT
Police Chief John Laird, Deborah Titus – Arcade Herald, Carl Usatch, Linda and Dick Kempf, Jason Czesak, Andrew Neamon, Jeremy Skrzypek, Ben Carnahan, David Dutton, Angla Anderson
NOTICE
Pursuant to Article 7 of the Public Officers Law, notice of this meeting was given to the media on the 5th day of September, 2003 and the same posted on the 5th day of September, 2003.
PLEDGE TO ALLEGIANCE
Mayor Doster opened the meeting with the Pledge to Allegiance.
APPROVE MINUTES
Motion by Trustee Kosmerl, seconded by Trustee Comstock and unanimously carried the minutes from a regular board meeting held on September 2, 2003 be approved as presented.
PUBLIC HEARING – PROPOSED LOCAL LAW 6-2003 (CHANGED TO 7-2003) – ZONING MAP
The amendment to the Zoning Map is to rezone lands south of Cattaraugus Creek and north of State Highway Route 39 from Fazekas, Rule and Jaffy to K N Aronson from Light Industrial to Highway Commercial/Light Industrial and lands south of Cattaraugus Creek and north of State Highway Route 39 owned by Koike Aronson and Eugene & Margaret Gertis from Highway Commercial to Highway Commercial/Light Industrial.
A letter received from the Arcade Planning Board recommended approval of the law with the addition of the TIN number for the Arcade and Attica property 183.018-1-57.
The Wyoming County Planning Board’s recommendation was for disapproval of the proposed zoning map change in order to retain primary future Light Industrial usage of the area. However, productive use of the area could be allowed by changing the text of zoning to allow temporary uses or limited auto sales in the Light Industrial District by special permit or the proposed map could be modified to significantly reduce the amount of land to be rezoned.
This area includes the largest area in Arcade zoned for, and available for, industrial use. The proposed zoning change would not preclude industrial use; however, HC/LI zoning allows commercial uses. Because demand for industrial sites is not as common as for commercial, this type of zoning generally leads to commercial uses or a mix of commercial and industrial uses that limits industrial usage. There is an HC/LI District south of this area (south of Route 39) that has developed mainly as commercial, office and community uses. The Yansick mill has been closed for several years, and it may be several more years until a prime industrial user can be attracted to this parcel, however, Arcade has been very successful in attracting new manufacturing uses.
The three small parcels along Route 39 on the eastern edge of this area that are currently zoned HC are designated for highway commercial use in the Village Comprehensive Plan. The Comprehensive Plan identifies the rest of the land for continued future industrial use. One of the parcels is an active manufacturing plant (Koike). Part of another parcel includes a fairly large active lumber processing industry in a new building. One parcel in this proposed rezoning, west of all the rail lines, includes a small current industry. This parcel has separate access and is not linked to the rest of the land due to the rail lines.
There is an active rail line crossing the largest parcel and segmenting the entire area. Rezoning land to allow commercial development north of the rail line doesn’t appear advisable for several reasons; 1) potential loss of hard to replace industrially zoned land with services; 2) this land is removed from the highway and not ideal for commercial use; 3) commercial uses generally require more frequent access that would mean more crossing of this rail line that is not in good condition. Zoning is sometimes easiest to implement on a parcel basis. However, in this case it may make sense to establish different zoning for part of the road frontage only.
Parts of this area will likely be redeveloped/further developed at some point and parcels may be divided. One possibility could be carefully redeveloping/further developing several parcels using the Planned Unit Light Industrial Development provisions of zoning.
If the Village is intent on modifying zoning to allow the used car dealership, this use is explicitly listed as authorized in the HC District. It is not listed for the HC/LI District. The Village could rezone a smaller portion of land for the used car dealership to HC. Any such portion of the lot to be dedicated to commercial use should probably be subdivided, unless there is a clear plan to return such part of the parcel to industrial use in the future. However, rezoning land to HC precludes industrial usage. Perhaps the Village might alternatively consider a text change to zoning to allow temporary uses (without substantial improvements) in the LI District. Or alternatively, limited auto sales could be allowed in LI. This would allow short term financial return to the landowner while still preserving the area for industrial redevelopment.
SEQR should recognize that currently the areas proposed for rezoning contain substantial vacant areas that could be developed. If fully developed for industrial usage there could be significant impacts. SEQR Part 2 is correct in identifying a potential impact on Transportation. If this area were to be fully developed/redeveloped for commercial use in the future, there would be significant transportation impacts beyond those that could occur from full industrial usage (this is contrary to the answer given for SEQR Part 1C question 12). The magnitude of the impact is not indicated in Part 2. SEQR instructs the lead agency to proceed to Part 3 if the magnitude can not be determined. If the result of this rezoning could be a large Transportation impact some means of mitigating this should be indicated in Part 3. It would appear that traffic flow along Route 39 could be impeded in the future by vehicles attempting to turn left into the area when traveling eastward on Route 39.
There is a traffic light at the Edwards Street intersection, an important traffic access point. However, the intersection currently lacks a middle turning lane to access Edwards Street. Possibly at some point, adding a westbound Route 39 left turning lane could be considered. At the time the possibility of also adding an eastbound Route 39 left turning lane could be investigated (this would appear more difficult). Without such a turning lane, and with the possibility of additional unconsolidated commercial curb cuts in the area, this rezoning may allow creation of additional flow and safety problems.
It would be better if access points were limited and shared. The TOPS intersection would be another potentially logical location for controlled safe access for new extensive commercial traffic into the proposed HC/LI area. Left turn access would need to be improved. However, such an improvement has not been considered, and Arcade may not have clear regulatory language to require limiting and sharing access points. By reducing the acreage involved in the rezoning, the potential traffic and safety impacts would be reduced. Particularly land currently in industrial use and areas north of the rail line not well situated for commercial use could remain LI, to also not encourage loss of precious land zoned for and potentially best suited for industrial use or reuse. Is Sawmill Road a public street that the Village intends to upgrade for commercial use?
If there is any chance this proposed rezoning area could be redeveloped for a shopping center with a large department store, such a concept would need to be explored with the IDA, owner of the rail line. To provide enough depth for such development, the rail line would need to be relocated. Such potential usage might provide substantial county sales tax and local property tax benefits to justify the loss of industrial land. This is very speculative and not a basis to support wholesale commercial rezoning at this point.
The Clerk read a letter received from Richard Tindell, Executive Director of the Wyoming County Industrial Development Agency indicating his concerns regarding the proposed rezoning of the Yansick Lumber property. This property has a long history of industrial use and is the best site for industrial development in the Village of Arcade. With the full buildout of the Spencer Business Park, the Yansick property needs to remain available for future industrial uses. The proposed change from LI to HC/LI could result in the establishment of commercial uses that could discourage potential industrial uses. Allowing additional commercial uses could also add significant volumes of traffic to an area of Route 39 that is already experiencing congestion.
Mayor Doster opened the public hearing for comments.
Trustee Kosmerl stated that there were many good thoughts in the comments, especially regarding the curb cuts. The board discussed that maybe it would be the time to make sure that access to any development of that property would be at the existing traffic lights. Possibly a common access road is needed. It was felt that at the time the traffic light was put in at the Edwards Street intersection there should have been a turning lane. The board also discussed the IDA tax incentives and the delay to the Village in payment of any taxes. Lately any new industrial customers have build in the town and annexed into the Village for the services.
Cheryl Parker questioned how much of the property in that area is in the flood plain. David Dutton stated that to the west of the steel building is flood plain.
Cheryl stated that the Planning Board felt that there was more demand for Highway Commercial and were hoping to open up the area because of the length of time it take to bring in an industry.
In answer to the statement from the Wyoming County Planning Board that used car sales are not an allowed use in the HC/LI it was stated that in the HC/LI it states retail sale and does not list all type of retail sales. The Zoning Committee is going to suggest that there be a definition of retail sales that focuses on uses in the definition portion of the law instead of listing every type of retail sales in each of the districts.
The board felt that they wanted to review the information received before making any decision.
There being no further comments motion was made by Mayor Doster and seconded by Trustee Kosmerl to close the pubic hearing at 7:25 p.m.
PUBLIC HEARING – PROPOSED LOCAL LAW 7-2003 (CHANGED TO 6-2003) – FIREFIGHTERS/AMBULANCE WORKERS EXEMPTION
This new local law adds a tax exemption for qualified volunteer firefighters and ambulance workers to the extent of 10% of assessed valuation up to a maximum of $3,000 pursuant to Real Property Tax Law Section 466-c.
Mayor Doster opened the public hearing for comments and concerns.
Carl Usach asked how many people this would affect and we told between 25 –35. It is only for village residents.
There being no other comments or concerns motion was made by Mayor Doster and seconded by Trustee Reisdorf to close the public hearing at 7:29 p.m.
UPDATE SEQR FOR BEAVER MEADOW WOODWORKS
A letter was received from Stuart I. Brown Associates, Inc. in response to the concerns expressed by the board at the last meeting. Based on this additional information they believe that the conclusions of the environmental review record are unchanged and that the Finding of No Significant Impact on the Environments remains valid. A copy of the letter will be attached to the SEQR.
BID OPENING – 2000 CHEVROLET IMPALA POLICE CAR
This meeting having been duly advertised for the receival of bids for the sale of a 2000 Chevrolet Impala Police, the above named people were in attendance. The following bids were received:
Name and Address Amount
Police Cars Unlimited $2,934.00
Woodside, New York
Grace Quality Used Cars $3,100.00
Morrisville, Pennsylvania
Timothy Webber $2,050.00
Arcade, New York
Eric Tamol $2,005.00
Castile, New York
Motion by Mayor Doster, seconded by Trustee Kosmerl and unanimously carried the bid be awarded to Grace Quality Used Cars of Morrisville, Pennsylvania in the amount of $3,100.00.
BID OPENING – 1974 FORD C-900 FIRE TRUCK
This meeting having been duly advertised for the receival of bids for the sale of a 1974 Ford C-900 Fire Truck, the above named people were in attendance. The following bids were received:
Name and Address Amount
None
ARCADE CHAMBER OF COMMERCE – ELECTRIC RATE INCREASE
Carl Usatch, representing the Arcade Area Chamber of Commerce, addressed the board regarding an article in the Arcade Herald regarding a rate increase for the electric. The Chamber is concerned about all increases that the businesses are incurring. There isn’t any question that Arcade has an edge on the electric rates and they don’t want to loose that edge. It is a very competitive world out there and difficult to get businesses in the area. It is the Chambers hope that the Village is also trying to keep rates down by controlling the cost side. All businesses are trying to find better ways of doing things to keep their costs down as the cost of doing business keeps going up. They only hope that the Village is also making an effort to curb their costs. He is not here to criticize but would like to find ways that they can help and that we can work together to keep our competitive edge to be able to attract new businesses and industry.
RESOLUTION TO ADOPT LOCAL LAW 6-2003 – FIREFIGHTERS/AMBULANCE WORKERS EXPEMPTION
The following resolution was offered by Mayor Doster and seconded by Trustee Comstock:
RESOLUTION
WHEREAS, a proposed Local Law to add Chapter 59-C to the Laws of the Village of Arcade regarding Tax Exemption – Volunteer Firefighters/Ambulance Workers was mailed to each Board member by the Village Clerk on the 28th day of August, 2003 and a final copy placed on the desk of each board member on the 2nd day of September, and
WHEREAS, the Village Clerk has certified that the Open Meetings Law has been complied with with regard to the calling of a meeting of the Board of Trustees which was held on the 2nd day of September, 2003, and at such meeting a Resolution was adopted to schedule a public hearing on said proposed Local Law on the 16th day of September, 2003, and
WHEREAS, the Notice of said public hearing was published in the Arcade Herald on the 11th day of September, 2003, and
WHEREAS, the Village Clerk has certified that the Open Meetings Law has been complied with with regards to the Public Hearing called on the 16th day of September, 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. 6-2003, and
WHEREAS, the Village Clerk has certified that the Open Meeting Law has been complied with with regard to this meeting;
NOW, THEREFORE, Be It Resolved, as follows:
THAT Proposed Local Law No. 6-2003 of the Village of Arcade as presented at the public hearing be and the same be enacted to read as follows:
CHAPTER 59-C
TAX EXEMPTION – VOLUNTEER FIREFIGHTERS/
AMBULANCE WORKERS
A local law adding a tax exemption for qualified volunteer fire-fighters and ambulance workers to the extent of 10% of assessed valuation up to a maximum of $3,000 pursuant to Real Property Tax Law Section 466-c.
SECTION 1.
Real property owned by an enrolled member of an incorporated volunteer fire company or incorporated volunteer ambulance service or such enrolled member and spouse residing in the Village of Arcade, Wyoming County, New York, shall be exempt from taxation to the extent of ten percent (10%) of the assessed value of such property, exclusive of special assessments, provided that such exemption shall in no event exceed three thousand ($3,000) dollars multiplied by the latest state equalization rate for the assessing unit in which the real property is located.
SECTION 2.
Such exemption shall not be granted to an enrolled member of the Arcade Fire Department and/or Rescue Squad residing in the Village of Arcade unless:
a. the applicant resides in the Village of Arcade b. the property is the primary residence of the applicantc. the property is used exclusively for residential purposes; provided however, that in the event any portion of such property is not used exclusively for the applicant’s residence but is used for other purposes, such portion shall be subject to taxation and the remaining portion only shall be entitled to the exemption provided by this sectiond. the applicant has been certified by the Village of Arcade as an enrolled member of the Arcade Fire Department and/or Rescue Squad for at least five (5) years.
SECTION 3.
Any enrolled member of the Arcade Fire Department and/or Rescue Squad who accrues more than twenty years of active service and is so certified by the Village of Arcade, shall be granted the ten (10%) percent exemption as authorized by this section for the remainder of his or her life as long as his or her primary residence is located within the Village of Arcade.
SECTION 4.
Application for such exemption shall be filed with the assessor of the Village of Arcade on or before the taxable status date on a form as prescribed by the state board.
SECTION 5.
No applicant who is a volunteer firefighter or volunteer ambulance worker who by reason of such status is receiving any benefit under the provisions of this article on the effective date of this section shall suffer any diminution of such benefit because of the provisions of this section.
SECTION 6.
This act shall take effect on January 1, 2004 and shall apply to assessment rolls prepared on the basis of taxable status dates occurring on or after January 1, 2004.
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 Aye
FIRE CONTRACTS – TOWN OF FREEDOM AND TOWN OF ARCADE
The Board review Information regarding the number of fire and ambulance calls in each Town, the assessed valuation for each and historical information over the last 10 years. Based on the information a motion was made by Trustee Kosmerl, seconded by Deputy Mayor Ely and unanimously carried the amount to be assessed to the Town of Arcade for 2004-05 is $63,850.00 and the Town of Freedom $38,700.00.
BUDGET ADJUSTMENTS
Motion by Trustee Reisdorf, seconded by Mayor Doster 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 Trustee Reisdorf 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.
SERGEANT POSITION
Chief Laird informed the board that Anthony Biscaro has passed the Sergeant exam and will be on probation for the next twelve weeks. The board sent congratulations to Sgt. Biscaro.
SCHOOLING
Motion by Trustee Kosmerl, seconded by Trustee Reisdorf and unanimously carried Officer Spencer be granted permission to attend a Breathalyzer School in Jamestown on October 20-23, 2003.
MILEAGE RATE
Motion by Trustee Reisdorf, seconded by Trustee Comstock and unanimously carried the mileage rate paid to employees be increased to $.36 per mile effective immediately and that the rate be changed annually to match the IRS rates.
REQUEST TO WAIVE RESIDENCY REQUIREMENT
Motion was made by Mayor Doster, seconded by Trustee Kosmerl and unanimously carried to deny a request from Steve Pinter to waive the residency requirement to allow him to move 9.25 miles from the Village.
EXECUTIVE SESSION
Motion by Mayor Doster, seconded by Trustee Reisdorf and unanimously carried the board enter executive session to discuss contractual negotiations.
Motion by Mayor Doster, seconded by Deputy Mayor Ely and unanimously carried the board exit executive session.
SEIZED PROPERTY
Motion by Trustee Kosmerl, seconded by Mayor Doster and unanimously carried permission be granted to accept seized property.
REPORTS RECEIVED
Fire reports for the month of August was received, reviewed and placed on file.
Village Justice and Acting Village Justice reports for the month of August were received, reviewed and placed on file.
Receipts and Disbursements report for the month of August was received, reviewed and placed on file.
ADJOURN
There being no further business to come before the board the meeting duly adjourned at 9:26 p.m. upon motion by Mayor Doster and seconded by Trustee Kosmerl.
_______________________
Clerk-Treasurer
