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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, February 3, 2004 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 Larry Kilburn
ALSO PRESENT
Police Chief John Laird, Deborah Titus – Arcade Herald, Sgt. Anthony Biscaro, Barb Ulrich, Kathy Balus, John Tucker, Don King, Steve Pinter, Todd Wittmeyer, Harold Burch
NOTICE
Pursuant to Article 7 of the Public Officers Law, notice of this meeting was given to the media on the 23rd day of January, 2004 and the same posted on the 23rd day of January, 2004.
PLEDGE TO ALLEGIANCE
Mayor Doster opened the meeting with the Pledge to Allegiance.
APPROVE MINUTES
Motion by Deputy Mayor Ely, seconded by Trustee Comstock and unanimously carried the minutes from a regular meeting held on January 20, 2004 be approved as presented.
PIONEER CREDIT RECOVERY – REQUEST ZONING CHANGE TO SECTION 805 – SIGNS
Barb Ulrich and Kathy Balus came before the board requesting an amendment to Section 805 of the Village Zoning Law regarding Signs. Currently the Zoning does not allow off-site advertising. Due to the growth of their business they very often are recruiting new employees. As their business is not on a main highway they would like to be able to put up signage four to six times a year for recruitment and job fairs. They would also like to partner with GCC for advertising events at the college. In the past they had a permit for an off-site sign, however, this time they were denied. They do not mind paying the permit fee but due to time constrains do no want to get a permit each time. They feel that Zoning needs to be revisiting regarding signs. The board agreed to review the current Zoning for signs to see how possible changes would affect the Village as a whole. Mayor Doster requested that Zoning Officer Marvin Zelonka attend the next meeting to discuss this issue.
ELECTRIC DEPARTMENT MANPOWER
The purpose of this discussion is to talk about the effects of keeping or loosing a skilled workforce. The loss of trained and skilled workers will cause a hardship for the system and the department. Superintendent Kilburn introduced John Tucker owner of Technical Assistance & Services to speak to the board regarding this issued. His motivation comes from observations of municipal electric systems mostly in western New York. He has concerns of what happens to electric utility to do normal and emergency operations when manpower is tight. Over the past several years’ larger systems are taking away experienced linemen from smaller systems. During the four to six years it takes to train a lineman the ability to do work on a normal basis drops significantly. It also takes a long period of time for a lineman to learn the distribution system for which they are responsible. Problems arise when a utility is faced with losing key personnel and they become less self-sufficient. Not only are the linemen in Arcade responsible for the line work but they also maintain and build their own substations. He worries about the ability of the utility to provide service and to deal with crises.
There was discussion regarding the possibility of loosing linemen to other utilities and the retirement of others. The department stated that it is the trained people that they would like to keep. They don’t want to hire out work that they feel that they can do themselves with trained people. They (the Electric Department) would like to see better communication between the board and the employees.
RESOLUTION – REFUNDING BOND RESOLUTION
The following resolution was offered by Mayor Doster, who moved its adoption, seconded by Deputy Mayor Ely, to-wit:
REFUNDING BOND RESOLUTION DATED FEBRUARY 3, 2004.
A RESOLUTION AUTHORIZING THE ISSUANCE PURSUANT TO SECTION 90.10 OF THE LOCAL FINANCE LAW OF REFUNDING BONDS OF THE VILLAGE OF ARCADE, WYOMING COUNTY, NEW YORK, TO BE DESIGNATED SUBSTANTIALLY "PUBLIC IMPROVEMENT REFUNDING (SERIAL) BONDS", AND PROVIDING FOR OTHER MATTERS IN RELATION THERETO AND THE PAYMENT OF THE BONDS TO BE REFUNDED THEREBY.
WHEREAS, the Village of Arcade, Wyoming County, New York (hereinafter, the "Village”) heretofore issued $1,552,000 Public Improvement (Serial) Bonds, 1994 pursuant to various bond resolutions, to pay a part of the cost of certain public improvements in and for said Village, and a bond certificate of the Village Treasurer (hereinafter referred to as the "Refunded Bond Certificate"), such Public Improvement (Serial) Bonds, Series 1994, being dated April 1, 1994 with remaining maturities on May 15 in the amount of $80,000 in the year 2004 and $75,000 in the years 2005 to 2007, both inclusive, and $80,000 in the years 2008 to 2013, both inclusive, as more fully described in the Refunded Bond Certificate (the "Refunded Bonds"); and
WHEREAS, it would be in the public interest to refund all, or a portion of the outstanding principal balance of the Refunded Bonds by the issuance of refunding bonds pursuant to Section 90.10 of the Local Finance Law; and
WHEREAS, such refunding will only be undertaken if it results in present value savings in debt service as required by Section 90.10 of the Local Finance Law; NOW, THEREFORE, BE IT
RESOLVED, by the Board of Trustees of the Village of Arcade, Wyoming County, New York, as follows:
Balance of resolution available upon request
Section 14. A summary of this resolution, which takes effect immediately, shall be published in the official newspaper of said Village, together with a notice of the Village Clerk in substantially the form provided in Section 81.00 of the Local Finance Law.
The foregoing resolution was duly put to a vote which resulted as follows:
Mayor Michael Doster voting Aye
Deputy Mayor Hugh Ely voting Aye
Trustee Ginger Comstock voting Aye
Trustee Richard Kosmerl voting Aye
Trustee Daniel Reisdorf voting Aye
The resolution was thereupon declared duly adopted.
RESOLUTION – AMENDMENT TO CONTRACT
The following resolution was offered by Mayor Doster and seconded by Trustee Kosmerl:
AMENDMENT TO CONTRACT
AGREEMENT made this 3rd day of February, 2004 by and between the POWER AUTHORITY OF THE STATE OF NEW YORK (hereinafter referred to as the “Authority”), and the Village of Arcade (hereinafter referred to as the “Customer’).
WITNESSETH
WHEREAS, Authority and Customer are parties to agreements dated November 24, 1986 (hereinafter referred to as the “1986 Contract”) and April 15, 1991 (hereinafter referred to as the “1991 Amendment”) providing for the supply for Authority electric service to Customer including the sale of firm hydroelectric power and associated energy subject to the preference provisions of the Niagara Redevelopment Act (“NRA”).
NOW THEREFORE, in consideration of the premises and mutual covenants set forth herein, the parties agree to amend the Application for Electric Service incorporated into the 1986 Contract as follows:
1. 2003 Amendment
This agreement shall be known as the “2003 Amendment.”
2. Term of Service
Service under this 2003 Amendment shall commence upon acceptance by Authority and approval of the governor pursuant to Section 1009 of the Power Authority Act. The term of the 1986 Contract and the 1991 Amendment as hereby amended shall extend to September 1, 2025, subject to the renewal by the Federal Energy Regulatory Commission of Authority’s Niagara Project license on terms allowing the continuation of service hereunder. In the event that Authority’s Niagara Project license is not renewed, or that the terms of such renewal would not allow the continuation of service hereunder, this 2003 Amendment and the 1986 Contract and 1991 Amendment shall terminate upon the expiration of Authority’s initial Niagara Project license.
NOW, THEREFORE, BE IT RESOLVED, that Mayor Michael Doster be empowered to execute said Amendment to Contract.
This resolution was duly 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
HASKELL AVENUE AND GLENWOOD DRIVE TREES
The trees will be trimmed in such a manner to allow the Village to do maintenance work.
TENTATIVE RAILROAD CEILINGS
Notice has been received from the State of New York, Executive Department, State Board of Real Property Services that the Tentative Railroad Ceiling for the village assessment roll to be filed in 2004 is $360,622. It is down 1.3% from last year.
AMENDMENT TO FEMA GRANT – RETENTION
Rod Surgel has prepared a preliminary design for three small flood control retention ponds on each of the three streams that feed Cemetery Creek. The height restriction for a retention pond is 15 feet and a certain amount of gallons. This design has been sent to SEMO for their review. The estimated cost for the project is $200,000.
BUDGET ADJUSTMENTS
Motion by Trustee Reisdorf, seconded by Mayor Doster 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.
HERE COMES SUMMER EVENT
Harold Burch was present to discuss the cost of manpower for the new event if Main Street is shut down. The committee will be meeting to see about moving the event off Main Street and onto Church Street, the municipal parking lot and the school parking lot.
RESOLUTION – DEDICATION OF DOUGLAS DRIVE
The following resolution was offered by Mayor Doster and seconded by Trustee Kosmerl:
RESOLUTION OF DECLARATION
WHEREAS, Arcade Apartment Partnership, L..P., 555 International Drive, Suite 300, Williamsville, New York 14221 is the owner of the land described below and all of the estate therein embraced within the lines of the certain street, hereinafter described, and is willing to ceded the same to the Village of Arcade in pursuance of the provisions of Section 6-610 of the Village Law of the State of New York as amended, and subject to the terms and conditions prescribed by the Superintendent of Public Works and the Village Board in pursuance of said sections
ALL THAT TRACT OR PARCEL OF LAND, situate in the Town and Village of Arcade, County of Wyoming and State of New York, being part of Lot No. 24, Township 7, Range 4 of the Holland Land Company’s Survey, bounded and described as follows:
Decsription of property available upon request
NOW, THEREFORE, Be IT RESOLVED that the Trustees of the Village of Arcade, New York, on behalf of said Village hereby accept the said Dedication of such lands, as permitted by 6-610 of the Village Law of the State of New York, as amended.
The quest of the adoption of the foregoing resolution was duly put to a vote on roll call which resulted as follows:
Mayor Michael Doster Aye
Deputy Mayor Hugh Ely Aye
Trustee Ginger Comstock Aye
Trustee Richard Kosmerl Aye
Trustee Daniel Reisdorf Aye
SET DATE FOR BUDGET WORK SESSION
Motion by Mayor Doster, seconded by Deputy Mayor Ely unanimously carried a budget work session be scheduled for February 17th at 6:00 p.m. (1 hour before the regular meeting).
MISCELLANEOUS WATER AND ELECTRIC SUPPLIES
Motion by Mayor Doster, seconded by Trustee Kosmerl and unanimously carried Superintendent Kilburn be granted permission to advertise for Miscellaneous Water and Electric supplies.
LINEMAN A
Motion by Trustee Comstock, seconded by Deputy Mayor Ely and unanimously carried Allen Meyers be upgraded to Lineman A effective February 17, 2004 at the one year rate upon recommendation of Superintendent Kilburn.
REVIEW TENTATIVE WATER, SEWER AND GENERAL BUDGETS
The board reviewed the tentative 2003-04 Water Department, Sewer Department and General Fund Budgets.
EXECUTIVE SESSION
Motion by Trustee Kosmerl, seconded by Mayor Doster and unanimously carried the board enter executive session to discuss contract negotiations.
Motion by Trustee Kosmerl, seconded by Trustee Reisdorf and unanimously carried the board exit executive session.
REPORTS RECEIVED
Village Justice and Acting Village Justice reports for the month of January were received, reviewed and placed on file.
Ambulance report for the month of January was received, reviewed and placed on file.
ADJOURN
There being no further business to come before the board the meeting duly adjourned at 9:30 p.m. upon motion by Mayor Doster and seconded by Trustee Kosmerl.
_______________________
Village Clerk
