The regular meeting of the Village of Arcade Board of Trustees, Wyoming County, New York was held on Tuesday, February 7, 2006 at 7:00pm there were:

PRESENT

Mayor Mike Doster, Deputy Mayor Richard Kosmerl, Trustee Paul Burkett, Trustee Dan Reisdorf, Police Sergeant Tony Biscaro, Superintendent of Public Works Larry Kilburn, and Clerk/Treasurer Pam Beiersdorf

ABSENT

Trustee Hugh Ely and Police Chief John Laird

ALSO PRESENT

Alan Bliss (Wyoming County Community Action) and Sandie Dutton

NOTICE

Pursuant to Article 7 of the Public Officers Law, notice of this meeting was given to the media on the 18th day of January 2006 and the same posted on the 18th day of January 2006.

PLEDGE TO ALLEGIANCE

Mayor Doster opened the meeting with the Pledge to Allegiance.

APPROVE MINUTES

Motion by Trustee Burkett and seconded by Deputy Mayor Kosmerl, the minutes from the regular meetings held on January 17, 2006 be approved with the following amendment:

 Page 2 of 11 – VOA Acceptance of Credit Cards be changed to:

• Motion by Trustee Burkett and seconded by Trustee Ely, Mayor Doster or Deputy Mayor Kosmerl be granted permission to sign the Tompkins merchant card processing application with the stipulation that credit cards are not accepted prior to June 1, 2006 and even after June 1, 2006 the VOA has the right to revoke its contract at anytime without obligation. This motion was made solely to reserve the equipment from Tompkins Trust Company and waive all associated fees.  No decision has been made to accept or not accept credit cards by the VOA.

The motion was passed upon the following vote:

VOTE
Mayor Michael Doster		Yes		No	X	Abstain		Absent
Deputy Mayor Richard Kosmerl	X	Yes		No		Abstain		Absent
Trustee Paul Burkett	X	Yes		No		Abstain		Absent
Trustee Hugh Ely		Yes		No		Abstain	X	Absent
Trustee Daniel Reisdorf	X	Yes		No		Abstain		Absent
VOTE TOTAL:	3	Yes	0	No	1	Abstain	1	Absent
RESULTS	X	PASS				FAIL

APPROVE MINUTES

Motion by Deputy Mayor Kosmerl and seconded by Mayor Doster, the minutes from the special meetings held on February 4, 2006 be approved with the following amendment:

 Page 1 of 1 – Purpose of Special Meeting be changed to:

• The purpose of the meeting was to hold a joint meeting with the Town of Arcade Board Members to discuss proposed annexation for Northridge Homes, Arcadia Heights Development, and Wyoming County Chamber of Commerce.  Representatives from each group made a presentation to the Boards regarding their intended annexation.  After much discussion on the pros/cons of annexation, each Board gave support for the groups to move forward with filing their official annexation petition.  Once the official petitions has been received, a joint public hearing will be scheduled.

The motion was passed upon the following vote:

VOTE
Mayor Michael Doster	X	Yes		No		Abstain		Absent
Deputy Mayor Richard Kosmerl	X	Yes		No		Abstain		Absent
Trustee Paul Burkett	X	Yes		No		Abstain		Absent
Trustee Hugh Ely		Yes		No		Abstain	X	Absent
Trustee Daniel Reisdorf		Yes		No	X	Abstain	X	Absent
VOTE TOTAL:	3	Yes	0	No	1	Abstain	1	Absent
RESULTS	X	PASS				FAIL

TENT SALE

Motion by Trustee Burkett and seconded by Mayor Doster, Shelley Dominessy of Cottrill's Pharmacy, Inc. be granted permission to erect a temporary tent in the municipal parking lot for one weekend (Saturday and Sunday) in June 2006 to hold a store sale. A certificate of liability insurance must be filed with the Village Clerk prior to the sale.

The motion was passed upon the following vote:

VOTE
Mayor Michael Doster	X	Yes		No		Abstain		Absent
Deputy Mayor Richard Kosmerl	X	Yes		No		Abstain		Absent
Trustee Paul Burkett	X	Yes		No		Abstain		Absent
Trustee Hugh Ely		Yes		No		Abstain	X	Absent
Trustee Daniel Reisdorf	X	Yes		No		Abstain		Absent
VOTE TOTAL:	4	Yes	0	No	0	Abstain	1	Absent
RESULTS	X	PASS				FAIL

PERMISSION TO ATTEND TRAINING SEMINAR

Motion by Deputy Mayor Kosmerl and seconded by Trustee Reisdorf, Police Chief Laird and Sergeant Biscaro be granted permission to attend a supervisors training seminar at Jamestown Community College in Jamestown, NY on March 2, 2006 from 9:00am to 5:00pm.  This course is mandated for agencies that receive Federal Grants.  Topics of instruction will include: National Incident Management Systems, personnel issues, disciplinary matters, performance problems with employees, and the fundamentals of progressive discipline.

The motion was passed upon the following vote:

VOTE
Mayor Michael Doster	X	Yes		No		Abstain		Absent
Deputy Mayor Richard Kosmerl	X	Yes		No		Abstain		Absent
Trustee Paul Burkett	X	Yes		No		Abstain		Absent
Trustee Hugh Ely		Yes		No		Abstain	X	Absent
Trustee Daniel Reisdorf	X	Yes		No		Abstain		Absent
VOTE TOTAL:	4	Yes	0	No	0	Abstain	1	Absent
RESULTS	X	PASS				FAIL

RESOLUTION - NORTHRIDGE HOMES – PHASE II

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

RESOLUTION

WHEREAS, Wyoming County Community Action is developing housing for families (hereafter the Project) pursuant to Article XI of the New York State Private Housing Finance Law; and

WHEREAS, the Project intends to annex the site into the Village; and

WHEREAS, the Project intends to pursue proper zoning to allow for another Planned Unit Development; and

WHEREAS, the Project is located at North Street, Arcade, NY and is planned to contain approximately twenty-six (26) residential units affordable for low income families; and

WHEREAS, this Project must meet all federal, state and local laws, rules, regulations, and policies prior to construction, during construction and prior to occupancy; and

WHEREAS, this Project is consistent with the Genesee/Finger Lakes Regional Planning Council's 1996 Comprehensive Plan for the Town and Village of Arcade; and

WHEREAS, in order to make the Project economically feasible to operate because of restricted rents it is necessary to obtain tax relief from the Village of Arcade;

NOW THEREFORE, BE IT RESOLVED, that the Mayor is hereby authorized to execute a PILOT AGREEMENT with Wyoming County Community Action or its designee relating to the property located at North Street, Arcade, NY, and all other agreements necessary to conclude this Project; and

BE IT FURTHER RESOLVED, that said agreement shall include an annual PILOT of nine thousand one hundred dollars ($9,100) or seven percent (7%) of effective income in the first year of the PIOLT AGREEMENT, whichever is greater, with three percent (3%) increase annually thereafter for a fifteen (15) year period; and

BE IT FURTHER RESOLVED, that certified copies of this resolution shall be forwarded to Wyoming County Community Action.

The motion was passed upon the following vote:

VOTE
Mayor Michael Doster	X	Yes		No		Abstain		Absent
Deputy Mayor Richard Kosmerl	X	Yes		No		Abstain		Absent
Trustee Paul Burkett	X	Yes		No		Abstain		Absent
Trustee Hugh Ely		Yes		No		Abstain	X	Absent
Trustee Daniel Reisdorf	X	Yes		No		Abstain		Absent
VOTE TOTAL:	4	Yes	0	No	0	Abstain	1	Absent
RESULTS	X	PASS				FAIL

2006 MITIGATION ASSISTANCE PROGRAM

Superintendent of Public Works Kilburn was directed to file a letter of intent for two separate projects.  One for Deacon Drive / Mt. View Drive control dams and another for Clear Creek and Cattaraugus Creek clean-up along Liberty Street.

SIDEWALK REPAIR LIST – UPDATE

At the January 17, 2006 meeting, Trustee Reisdorf requested an updated list of sidewalk repairs. Superintendent of Public Works Kilburn provided an update as requested and indicated that approximately 10% of the planned repairs had been made.  Superintendent of Public Works Kilburn was advised to send invoices to customers for sidewalk repairs.

PERMISSION TO ATTEND SEQRA SEMINAR

Motion by Mayor Doster and seconded by Trustee Reisdorf, permission be granted for Superintendent of Public Works Kilburn and Clerk/Treasurer Beiersdorf to attend the State Environmental Quality Review Act (SEQRA) one-day seminar on February 28, 2006 in Amherst, NY. The agenda consists of the an overview of SEQRA, the SEQRA process, SEQRA a practical application, case studies, and litigation considerations and case law updates.

The motion was passed upon the following vote:

VOTE
Mayor Michael Doster	X	Yes		No		Abstain		Absent
Deputy Mayor Richard Kosmerl	X	Yes		No		Abstain		Absent
Trustee Paul Burkett	X	Yes		No		Abstain		Absent
Trustee Hugh Ely		Yes		No		Abstain	X	Absent
Trustee Daniel Reisdorf	X	Yes		No		Abstain		Absent
VOTE TOTAL:	4	Yes	0	No	0	Abstain	1	Absent
RESULTS		PASS				FAIL

CREDIT CARD ACCEPTANCE – A LOOK AT THE NUMBERS

Superintendent of Public Works Kilburn compiled a spreadsheet documenting the anticipated cost to customers if the VOA accepted credit/debit cards as a method of payment for services.  The cost per person per year is surprising low.  Further discussion on this item will take place at the March 7, 2006 meeting.

PARK SPRAY FOUNTAIN – MANDATORY UPGRADE

Superintendent of Public Works Kilburn attended a seminar sponsored by the New York State Health Department regarding new regulations for the operation of spray fountains. Prior to November 2005, spray fountains were not regulated by the Health Department, which is one of the reasons they were attractive to install and operate. However, in July 2005, about 4,000 people became sick with cryptosporidiosis after being in a State Park spray fountain.  That led to regulation. In order to stay in operation this summer, the VOA needs to do at least the following:

1. add strainers in the drain line from the spray pad to the holding tank

• 2. add valving to allow off hour recirculation of the pumped water to the holding tank (without going through the spray fountain)

3. add automatic chlorine controls

4. add automatic pH controls

5. add ultraviolet disinfection (because cryptosporidium is resistant to chlorine)

Superintendent of Public Works Kilburn will research the costs, but was informed at the seminar that the UV reactor alone will be in the range of $6,000 to $10,000. The Board discussed other possible options to achieve compliance which Superintendent of Public Works Kilburn will evaluate.

RESOLUTION - BLISS WIND FARM – LEAD AGENCY

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

RESOLUTION

WHEREAS, the Town of Eagle Town Board has received an application from Noble Bliss Wind Park, LLC, who is considering undertaking the construction of a wind-powered generating facility (hereinafter the Project); and

WHEREAS, the Village of Arcade has been identified as an Interested or Involved Agency as defined by the implementing regulations of the State Environmental Quality Review Act (SEQRA); and

WHEREAS, pursuant to the SEQRA regulations a Lead Agency must be established for the Project, and

WHEREAS, the Town of Eagle Town Board indicates its intent to establish itself Lead Agency for the Project in accordance with the SEQRA regulations;

NOW THEREFORE BE IT RESOLVED, that the Village of Arcade Board of Trustees consents to the establishment of the Town of Eagle Town Board as SEQRA Lead Agency for the Project to construct a wind-powered generating facility; and

BE IT FURTHER RESOLVED, that Mayor Doster be granted permission to sign the establishment of the Town of Eagle Town Board as SEQRA Lead Agency for the Project to construct a wind-powered generating facility.

The motion was passed upon the following vote:

VOTE
Mayor Michael Doster	X	Yes		No		Abstain		Absent
Deputy Mayor Richard Kosmerl	X	Yes		No		Abstain		Absent
Trustee Paul Burkett	X	Yes		No		Abstain		Absent
Trustee Hugh Ely		Yes		No		Abstain	X	Absent
Trustee Daniel Reisdorf	X	Yes		No		Abstain		Absent
VOTE TOTAL:	4	Yes	0	No	0	Abstain	1	Absent
RESULTS	X	PASS				FAIL

PERMISSION TO ATTEND WORKSHOPS

Motion by Mayor Doster and seconded by Deputy Mayor Kosmerl, permission be granted for Dan Laird and Jace Drennan to attend the Basics of a Good Road workshop on May 3, 2006 and Pavement Maintenance workshop on May 9, 2006. Basics of a Good Road course outline:  road design features, soils, drainage, materials, paving, signs and safety. Pavement Maintenance course outline: why road fail prematurely, repair techniques, pavement distresses, choosing the right repair, crack repairs, patching , surface treatments, and maintenance methods.

The motion was passed upon the following vote:

VOTE
Mayor Michael Doster	X	Yes		No		Abstain		Absent
Deputy Mayor Richard Kosmerl	X	Yes		No		Abstain		Absent
Trustee Paul Burkett	X	Yes		No		Abstain		Absent
Trustee Hugh Ely		Yes		No		Abstain	X	Absent
Trustee Daniel Reisdorf	X	Yes		No		Abstain		Absent
VOTE TOTAL:	4	Yes	0	No	0	Abstain	1	Absent
RESULTS		PASS				FAIL

RESOLUTION – VOTING MACHINE CUSTODIANS APPOINTED

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

RESOLUTION

WHEREAS, the Board of Trustees shall appoint one Voting Machine Custodian and Deputy Custodian(s) for the Village election to be held on March 21, 2006, 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 21, 2006, and

WHEREAS, such Voting Machine Custodian shall be paid a total of $100.00 for services to set up the voting machine for the Village elections, and

WHEREAS, Don Simons has received the programmer's certificate from the Automatic Voting Machine Corporation, and

WHEREAS, Dana Walton has received the programmer's certificate from the Automatic Voting Machine Corporation, and

NOW THEREFORE, BE IT RESOLVED, that Don Simons be appointed as the Voting Machine Custodian and Dana Walton be appointed the Deputy Custodian for the upcoming Village elections to be held on March 21, 2006.

The motion was passed upon the following vote:

VOTE
Mayor Michael Doster	X	Yes		No		Abstain		Absent
Deputy Mayor Richard Kosmerl	X	Yes		No		Abstain		Absent
Trustee Paul Burkett	X	Yes		No