At a regular meeting of the Board of Trustees of the Village of Arcade, Wyoming County, New York held on Tuesday, August 3, 2004, at 7:00 P.M. there were:

PRESENT

Mayor Michael Doster, Deputy Mayor Hugh Ely, Trustee Paul Burkett, Trustee Richard Kosmerl, Trustee Daniel Reisdorf, Superintendent Larry Kilburn

ALSO PRESENT

Police Chief John Laird, Judy Kessler – Arcade Herald, Neil Williams, Bill and Kathryn Landahl, Phil Antonio, Margaret Morgan, Sandra Dutton, Art Russ, Chuck Norris, John Karpryzly, Jerry Crabb 

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 July, 2004 and the same posted on the 22^nd day of July, 2004.

PLEDGE TO ALLEGIANCE

Mayor Doster opened the meeting with the Pledge to Allegiance.

APPROVE MINUTES

Motion by Trustee Burkett, seconded by Trustee Kosmerl and unanimously carried the minutes from a regular board meeting held on July 20, 2004 be approved as presented. 

PUBLIC HEARING – GASOLINE STORAGE TANKS - TOPS

This meeting having been duly advertised as a Public Hearing to discuss an application for Filling and Storage Tank Permit for Tops Markets at 658 West Main Street, there were present: see the above list.

Clerk Offers stated that this application is for one 10,000 gallon storage tank for premium unleaded gasoline and one 20,000 gallon storage tank for regular unleaded gasoline.  Both tanks will be underground and will be located on the northwest portion of the parking lot.

The Wyoming County Planning Board meet on Monday evening and had no recommendations to the Site Plan that was submitted.  Their only comment was on the relocation of parking spaces in the parking lot.

Mr. Chuck Norris from Okar Construction who will be doing the construction was present and explained that the equipment that will be installed is the most technically advanced equipment on the market today.  The walls of the tank and piping will have double walls with a fool proof leak detection system. There was discussion on DEC regulations, life expectancy and other technical issues. It was mentioned that it was Top’s policy not to use spill locks at their stations.  The only access will be the existing entrance to the plaza. No additional curb cuts will be utilized.  The hours of operation will be from 6:00 A.M. to 12:00 midnight.

Jerry Crabb from Crabb Oil stated that there are currently four locations to purchase gas in Arcade and with this there will be five.  How many do we need? Will there be more in the future?

Phil Antonio asked if anyone had looked at the traffic impact? He was informed that Top’s has done studies and that 50% of the customers are customers of Top’s, 47% are on the road already and only 3% would be new traffic.

Margaret Morgan asked if this would hurt the people the mom and pop gas stations that are already here?  Mayor Doster’s comment was that’s the 64 million dollar question do we already have enough or is competition good we have to look at it from both sides.

Phil Antonio commented that it is the responsibility of new business’s to look at the good of the community.

Top’s stated that they feel they need to install gas stations at their locations to keep competitive.

Jerry Crabb gave examples of where larger chains have moved into the area and small, locally owned stores have gone out of business.

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

APPROVE APPLICATION FOR GASOLINE STORAGE TANKS - TOPS

Motion by Trustee Burkett and seconded by Trustee Reisdorf that a Gasoline Storage Tank Permit be issued to Tops Market. The motion was approved upon the following vote:

   Mayor Michael Doster                  Nay
   Deputy Mayor Hugh Ely               Aye
   Trustee Paul Burkett                    Aye
   Trustee Richard Kosmerl           Aye
   Trustee Daniel Reisdorf             Aye

LIABILITY INSURANCE – TAIL COVERAGE

The board discussed the issue of the additional premium for Tail Coverage that relates to medical malpractice for ambulance personnel.  It was the feeling of the board that the insurance company is taking advantage of the village by changing the type of coverage and that a letter should be sent to the Attorney General. The board discussed areas in the budget that could be reduced to cover the additional premium. After much discussion motion was made by Mayor Doster, seconded by Trustee Kosmerl and unanimously carried the village purchase the Tail Coverage and that various adjustments be made to the budget to cover the bill.

AWARD BID – STEEL SIDING -  FIREHALL

As Superintendent Kilburn is awaiting information from Just Barns any action on awarding the bid is tabled until the next meeting.

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 upon request

AUDIT BILLS

Motion by Mayor Doster, seconded by Trustee Burkett 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.

FABULOUS 50’S FESTIVAL

Chief Laird reported that the festival went well.  There are a few changes that will be made next year but all in all it went very well having it off Main Street. There would have been more cars if there was not the threat of rain.  The committee thanks the Fire Police for their help.

ZONING ISSUES

The board has questions regarding zoning and request that Zoning Officer Marvin Zielonka be asked to attend the next meeting.

PERMISSION FOR SLEEP-OVER IN VILLAGE PARK

Motion by Mayor Doster, seconded by Deputy Mayor Ely and unanimously carried permission be granted to the Arcade Recreation to have a campout in the Village Park on August 4, 2004.

APPOINTMENT – ARCADE RECREATION COMMISSION

Motion by Deputy Mayor Ely, seconded by Mayor Doster and unanimously carried Patricia Pierce be appointed to the Arcade Recreation Commission.

REQUEST FOR 2 SIZES OF GARBAGE TAGS

Mrs. Olive McVay has requested that the Village have two sizes of garbage tags.  The request is made because a large garbage bag when full is too heavy for some senior citizens to get to the curb and is also expensive if a large bag is not filled.  This issue to be reviewed by the board.

FLOOD MITIGATION GRANT

Superintendent of Public Works Larry Kilburn has received word that the Village has been awarded a partial grant to do the engineering design and a phase 1 archeological study for the retention ponds on Park Street.

Formal notification has been received awarding the Village a grant to purchase the Harter property (Crystal Inn).

PUBLIC SERVICE COMMISSION

Notice has been received from the Public Service Commission that Owens Hill Golf Course has been billed correctly for the electric service at their location based on the Village of Arcade’s Electric Tariff.

EXECUTIVE SESSION

Motion by Mayor Doster, seconded by Trustee Kosmerl and unanimously carried the board enter executive session to discuss legal matters and personnel matters of particular employees.

Motion by Trustee Burkett, seconded by Mayor Doster and unanimously carried the board exit executive session.

REPORTS RECEIVED

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 9:41 p.m. upon motion by Mayor Doster and seconded by Trustee Kosmerl.

       _______________________

       Clerk-Treasurer