September 2, 2003

At a regular meeting of the Board of Trustees of the Village of Arcade, Wyoming County, New York held on Tuesday, September 2, 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, Superintendent of Public Works Larry Kilburn

ALSO PRESENT

Sgt. Tony Biscaro, Deborah Titus – Arcade Herald,

NOTICE

Pursuant to Article 7 of the Public Officers Law, notice of this meeting was given to the media on the 22^nd day of August, 2003 and the same posted on the 22^nd day of August, 2003.

PLEDGE TO ALLEGIANCE

Mayor Doster opened the meeting with the Pledge to Allegiance.

APPROVE MINUTES

Motion by Trustee Comstock, seconded by Trustee Reisdorf and unanimously carried the minutes from a regular board meeting held on August 19, 2003 be approved as presented.

ELECTRIC RATES

Superintendent Kilburn presented information requested by the board regarding electric rates across the country. The most recent information is for 2001. It has been determined that the board would like to do a Cost of Service Study during the next fiscal year. If everything goes smoothly the 5% rate increase will be submitted in September and the rates would take effect in January. This will be 8 months into our current fiscal year. It was suggested that the Electric Department try to cut their spending by 5% as the revenues will be lower than anticipated this year as the rate increase did not go into effect in June as originally planned. After discussion it was decided to only go for 5% this year and then another 5% next year.

ADDITIONAL CDBG LOAN APPLICATION FOR BUSINESS ACCESSORIES LLC

An application for an additional Economic Development Loan has been received from Business Accessories, LLC in the amount of $50,000. This additional loan is for working capital expenses to accelerate the marketing efforts with the preparation of product catalogs and other marketing efforts. The Loan Committee has reviewed the application and recommends approval of the additional loan request with the interest rate being set at 6% fixed. The term of the agreement will be 5 years and 3 months with interest only payments through December 2003. Motion was made by Mayor Doster and seconded by Trustee Reisdorf the additional loan of $50,000, as recommended by the Loan Committee be approved. The motion was adopted upon the following vote:

Mayor Michael Doster Aye

Deputy Mayor Hugh Ely Abstained

Trustee Ginger Comstock Aye

Trustee Richard Kosmerl Aye

Trustee Daniel Reisdorf Aye

REQUEST FOR CDBG LOAN FOR BEAVER MEADOW WOODWORKS

After discussion the following resolution was offered by Mayor Doster and seconded by Trustee Comstock:

RESOLUTION

WHEREAS, the Village of Arcade has received funding under the 1996 Small Cities Program to implement an economic development program to assist local businesses to expand and create new employment opportunities for residents; and

WHEREAS, one of the business originally approved to receive assistance under the program has decided not to proceed with its project; and

WHEREAS, the Small Cities Program funds allocated for the project are available for other eligible economic development activities; and

WHEREAS, the Village has promoted the availability of the Small Cities Program and encouraged local businesses to apply for assistance; and

WHEREAS, the Village has received an application from Beaver Meadow Woodworks, a local firm, for $120,000 in loan assistance to acquire the property at 52 Mill Street to facilitate the expansion of the firm’s operations; and

WHEREAS, the Loan Review Committee has reviewed the application and supporting documentation and has recommended approval of the loan request, subject to certain terms and conditions; and

WHEREAS, the Village Board of Trustees has accepted the Loan Review Committee’s recommendations and authorized preliminary approval of the loan request; and

WHEREAS, the Village has determined that the project is necessary and appropriate to achieve CDBG program objectives;

NOW, THEREFORE, BE IT RESOLVED, that the Village Board of the Village of Arcade approves the proposed modification of the 1996 Small Cities Program to provide economic development assistance to Beaver Meadow Woodworks; and

BE IT FURTHER RESOLVED that the Mayor is authorized to submit a formal request for approval of this project to HUD.

The resolution was adopted upon the following vote:

Mayor Michael Doster Aye

Deputy Mayor Hugh Ely Abstained

Trustee Ginger Comstock Aye

Trustee Richard Kosmerl Aye

Trustee Daniel Reisdorf Aye

RESOLUTION NY STATE ENVIRONMENTAL QUALITY REVIEW ACT (SEQR)

After discussion the following resolution was offered by Trustee Kosmerl and seconded by Trustee Reisdorf contingent upon clarification of manmade hazards and follow-up on disposal of unusable by-products:

RESOLUTION

RESOLVED, that in accordance with the New York State Environmental Quality Review Act (SEQR), the Village Board of the Village of Arcade hereby designates itself to serve as lead agency to coordinate the environmental review of the following activity to be undertaken within the Village:

Provision of an economic development loan in the amount of up to $120,000 to

Beaver Meadow Woodworks for working capital to facilitate the expansion of the operations of the business.

This activity will be undertaken through the economic development loan fund created under the Village’s 1996 Small Cities program.

In its capacity as lead agency, the Village Board has caused to be prepared an environmental assessment of the significance of and potential environmental impact of the project. The Village Board hereby accepts the environmental assessment of this project, prepared by Stuart I. Brown Associates, Inc. The Village Board further declares that, based on the environmental assessment which has been prepared, it finds that the project will result in no significant damage to the environment. Therefore, the Village Board has determined that an Environmental Impact Statement will not be required and hereby issues a Negative Declaration under SEQR for the project.

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 Aye

AUDIT REPORT FROM BOLLAM, SHEEDY, TORANI & CO.

Motion by Trustee Kosmerl, seconded by Mayor Doster and unanimously carried the report of the Village records in accordance with Section 4-408 of the Village Law by Bollam, Sheedy, Torani & Co. be accepted as received.

RESOLUTION – PROPOSED LOCAL LAW 7-2003 – FIREFIGHTERS/AMBULANCE WORKERS EXEMPTION

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

RESOLUTION

WHEREAS, the Real Property Tax Law was amended on August 20, 2002 adding section 466-C, and

WHEREAS, this new section amends the real property tax law, in relation to providing a tax exemption on real property owned by members of volunteer fire companies or voluntary ambulance services residing in any county of the state upon adoption of a local law, and

WHEREAS, the Arcade Fire Department has requested that the Village of Arcade adopt a local law allowing the exemption for members of their department, and

WHEREAS, this exemption in no event shall exceed three thousand dollars multiplied by the latest state equalization rate for the assessing unit in which such real property is located, and

WHEREAS, a draft copy of the proposed Local Law No. 7-2003 was mailed to each board member on August 28, 2003,

NOW, THEREFORE, Be It Resolved, that the Board publish Notice of Public Hearing to be held in accordance with the provisions of Section 20 of the Home Municipal Rule Law, to be held on the 16^th day of September, 2003 at 7:00 P.M. in the Village Board Room, 17 Church Street, Arcade, New York at which time all interested persons will be heard.

On roll call 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 Aye

TAX COLLECTION BY THE COUNTY

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

RESOLUTION

WHEREAS, Wyoming County adopted Local Law No. 12 of the year 1994 Providing for the Collection of Certain Delinquent Village Taxes by the County of Wyoming, and

WHEREAS, any village lying within the County of Wyoming may elect each year to have its delinquent Village taxes collected by the County of Wyoming in accordance with Section 1442 of the Real Property Tax Law of the State of New York, and

WHEREAS, any village must request by resolution to have the County of Wyoming collect back taxes, said resolution to be adopted no earlier than September 1, of each year and a certified copy filed with the County Treasurer and the Clerk of the Board of Supervisors by October 1 of the same year,

NOW, THEREFORE, Be It Resolved, that the Village of Arcade elects to have it delinquent Village taxes collected by the County of Wyoming and that such list of unpaid taxes and certificate of delinquencies will be prepared and delivered to the Real Property Tax Department by November 15th.

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

PERMISSION TO DESTROY RECORDS

Motion by Mayor Doster, seconded by Deputy Mayor Ely and unanimously carried permission be granted for the following records to be destroyed pursuant to the Village of Arcade’s record retention schedule:

Available upon request

PROMOTION

Superintendent Kilburn requested that Allen Meyers be promoted to Lineman A effective September 1, 2003 at a rate of $22.88. After discussion this request was tabled until such time as the Electric Department receives their rate increase. It was purely due to economic reasons.

BUDGET ADJUSTMENTS

Motion by Trustee Kosmerl, seconded by Mayor Doster and unanimously carried that the following budget adjustments be approved as requested by the Clerk-Treasurer:

Available uppon 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.

EXECUTIVE SESSION

Motion by Mayor Doster, seconded by Trustee Kosmerl and unanimously carried the board enter into executive session to discuss police contract negotiations.

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

REPORTS RECEIVED

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

Ambulance 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 9:00 p.m. upon motion by Mayor Doster and seconded by Trustee Reisdorf.

_______________________

Clerk-Treasurer