The regular meeting of the Village of Arcade Board of Trustees, Wyoming County, New York was held on Tuesday, January 3, 2006 at 7:00pm there were:

PRESENT

Mayor Doster, Deputy Mayor Richard Kosmerl, Trustee Paul Burkett, Trustee Ely, Trustee Reisdorf, Police Chief John Laird, Superintendent of Public Works Larry Kilburn, and Clerk/Treasurer Pam Beiersdorf

ALSO PRESENT

Alan Bliss (Wyoming County Community Action), Marty Mucher (Wyoming County Community Action), Justice Sheri Bell-Beyer, Clerk of the Court Gill Moore, Judy Rix (Arcade Herald)

NOTICE

Pursuant to Article 7 of the Public Officers Law, notice of this meeting was given to the media on the 27th day of December 2005 and the same posted on the 27th day of December 2005.

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 December 20, 2005 be approved with the following amendment:

Page 1 of 6 – Arcadia Hill Development Presentation

Deputy Mayor Kosmerl cautioned the developers about water run off that could affect North Street and advised them to review site plan requirements, specifically size and lighting requirements

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	X	Abstain		Absent
Trustee Daniel Reisdorf	X	Yes		No		Abstain		Absent
VOTE TOTAL:	4	Yes	0	No	1	Abstain	0	Absent
RESULTS	X	PASS				FAIL

COOPER WATER INSURANCE CLAIM

Michael Ince did not attend the meeting as originally scheduled. Superintendent of Public Works Kilburn is hopeful that this issue will be finalized by the next Board meeting.

STREET DEDICATION – NORTHRIDGE DRIVE

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

RESOLUTION

WHEREAS, Northridge Homes Housing Development Fund Company, Inc. and Northridge Homes, L.P., owners of the lands described in the Offer of Dedication, offer to convey said lands to the Village of Arcade, New York for highway purposes.

NOW, THEREFORE BE IT RESOLVED, that upon the recommendation of the Village Attorney, Robert Kutzuba and Superintendent of Public Works Kilburn, the Village of Arcade formally accepts for dedication and maintenance purposes, Northridge Drive as a Village road, upon the delivery and recording of the Bargain & Sale Deed from Northridge Homes Housing Development Fund Company, Inc. and Northridge Homes, L.P. and in accordance with the provisions of the Village Law and other statues applicable thereto.

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	X	Yes		No		Abstain		Absent
Trustee Daniel Reisdorf	X	Yes		No		Abstain		Absent
VOTE TOTAL:	5	Yes		No		Abstain		Absent
RESULTS	X	PASS				FAIL

NORTHRIDGE HOMES – LIGHTING REQUIREMENTS

The Board advised Mr. Alan Bliss and Mr. Marty Mucher about the lighting at their development not meeting VOA zoning requirements. Mr. Bliss ensured the Board this issue would be resolved.

ANNEXATION – NORTHRIDGE HOMES

Mr. Alan Bliss informally requested permission to annex the remaining property to proceed with plans to construct additional homes in the Northridge Homes development.

STATUS OF CRIMINAL DISPOSITION REPORT (CDR) PROJECT

Clerk of the Court Moore advised the Board that the CDR filing project was completed on schedule.  On June 7, 2005, the Board granted Clerk of the Court Moore permission to work up to and including 75 hours to file the backlog of CDRs. Although the CDRs have been filed, there are pending activities that will still require follow-up. Justice Bell-Beyer expressed her appreciation to Gill for her efforts to complete this project. In addition, the Board thanked Gill for her hard work in completing the project as well.

CLERK OF THE COURT REQUEST FOR COMP TIME

Clerk of the Court Moore requested approval to accrue comp time as needed to complete various projects including closing out outstanding tickets with the Department of Motor Vehicles, creation of a database to monitor bad check complaints, notification to violators regarding unpaid parking tickets under Section 1201 A of the New York State Vehicle and Traffic Law, and creation of a database to monitor VOA ordinance based parking ticket violations.

The Board advised Clerk Moore that she is not allowed to work more than 40 hours per week, unless approved by the Board. They recommended that she and Justice BellBeyer prioritize the list of projects, provide time estimates to complete the projects, and outline benefits to the VOA.  Once the list is compiled, forward a copy to the Board for review prior to formal request at an upcoming Board meeting.

CLERK OF THE COURT REQUEST TO HOST SEI USER GROUP MEETING

Clerk of the Court Moore requested permission to organize and host a SEI (justice court electronic filing software vendor) user group meetings for Wyoming County. Currently the closest County to offer this user group is Ontario (Victor, NY). Clerk Moore explained that the only foreseen cost to the VOA would be to provide refreshments.  Without a formal motion, the Board okayed Clerk Moore to proceed with arrangements and discuss potential costs with her supervisors.

MUNICIPAL COOPERATION AGREEMENT – WYOMING COUNTY DRUG TASK FORCE

Police Chief Laird gave the Board members a draft copy of the municipal cooperation agreement and requested permission for Mayor Doster to sign the agreement. The agreement was prepared by Sheriff Heimann between County of Wyoming, the Wyoming County Sheriff, and the VOA to enable the formation of the Wyoming County Drug Task Force. It states that each municipality will be responsible for the training, equipping and compensation of its members, including any and all fringe benefits, all required insurance for such employees, including workers compensation, disability, and unemployment insurance, and any acts incurring liability.  The Board directed Chief Laird to contact the VOA insurance agent to ensure the officers would be covered and report back to the them prior to their approving this request.

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

RESOLUTION

NOW, THEREFORE BE IT RESOLVED by the Village of Arcade Board of Trustees that Michael R. Doster, Mayor is the representative authorized to act in behalf of the Village of Arcade's governing body in all matters related to Contract No. T302828. The representative is also authorized to enter into and execute the Contract, submit Project documentation, and otherwise act for the Village of Arcade's governing body in all matters related to the Project;

That one (1) certified copy of this Resolution be prepared and sent to the Albany office of the New York State Department of Environmental Conservation;

That this Resolution take effect immediately.

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	X	Yes		No		Abstain		Absent
Trustee Daniel Reisdorf	X	Yes		No		Abstain		Absent
VOTE TOTAL:	5	Yes		No		Abstain		Absent
RESULTS	X	PASS				FAIL

LICENSE AGREEMENT BETWEEN VOA AND DOUG AND VALERIE GRAY

Superintendent of Public Works Kilburn was given permission to forward the license agreement between the VOA and Doug and Valerie Gray, owners of the Gray Fox Pub to the Gray's for review.  The agreement states that the Gray's license the parking lot of the Gray Fox Pub to the VOA for the purpose of general public parking.

PERMISSION TO ATTEND WESTERN NEW YORK WATER WORKS CONFERENCE

Motion by Mayor Doster and seconded by Trustee Ely, three water department employees be granted permission to attend the Western New York water works conference on Thursday, February 2, 2006 from 8:30am – 3:00pm in Batavia.  This workshop has been submitted for 5 contract hours for water/sewer operator recertification.

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	X	Yes		No		Abstain		Absent
Trustee Daniel Reisdorf	X	Yes		No		Abstain		Absent
VOTE TOTAL:	5	Yes	0	No	0	Abstain	0	Absent
RESULTS	X	PASS				FAIL

FIRE DEPARTMENT NEW MEMBER APPROVED

Motion by Mayor Doster and seconded by Trustee Ely, the following new fire department member be approved as presented by the Clerk.

 Justin Lewandowski (moved from Junior department to Senior department)

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	X	Yes		No		Abstain		Absent
Trustee Daniel Reisdorf	X	Yes		No		Abstain		Absent
VOTE TOTAL:	5	Yes	0	No	0	Abstain	0	Absent
RESULTS	X	PASS				FAIL

2006 NYCOM WINTER LEGISLATIVE MEETING

Motion by Deputy Mayor Kosmerl and seconded by Mayor Doster, the Mayor, Trustees, Superintendent of Public Works, and Clerk/Treasurer be granted permission to attend NYCOM’s winter legislative meeting in Albany, NY on February 26th through February 28th, 2006.

The motion was passed upon the following vote:

WYOMING COUNTY VILLAGE ASSOCIATION MEETING

Motion by Trustee Burkett and seconded by Mayor Doster, the Mayor, Trustees, Superintendent of Public Works, Police Chief, and Clerk/Treasurer be granted permission to attend the Wyoming County Village association meeting on Wednesday, January 18, 2006 at the Lumber Yard Restaurant in Perry, NY starting at 6:30pm.  The guest speaker for the evening has yet to be announced.

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	X	Yes		No		Abstain		Absent
Trustee Daniel Reisdorf	X	Yes		No		Abstain		Absent
VOTE TOTAL:	5	Yes	0	No	0	Abstain	0	Absent
RESULTS	X	PASS				FAIL

FEE SCHEDULE

This topic was tabled until the next regularly scheduled meeting on January 17, 2006.

USE OF FACILITIES – INSURANCE REQUIREMENTS

The following motion amends the motion made at the December 20, 2005 meeting.

Motion by Trustee Ely and seconded by Deputy Mayor Kosmerl, effective immediately facility usage requires the applicant to complete and submit the Use of Facilities Application, including the Hold Harmless Waiver, pay the fee in accordance with the fee schedule, and submit a certificate of insurance with the minimum requirements identified below:

 Individuals - $100,000 minimum coverage per occurrence

 Organizations - $500,000 minimum coverage per occurrence

Fees SHALL be collected from all applicants, with the exception of non-profit or not-for-profit organization.

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	X	Yes		No		Abstain		Absent
Trustee Daniel Reisdorf	X	Yes		No		Abstain		Absent
VOTE TOTAL:	5	Yes	0	No	0	Abstain	0	Absent
RESULTS	X	PASS				FAIL

BUDGET ADJUSTMENTS

Motion by Trustee Burkett and seconded by Trustee Ely, the following budget adjustments be approved as presented by the Clerk.

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	X	Yes		No		Abstain		Absent
Trustee Daniel Reisdorf	X	Yes		No		Abstain		Absent
VOTE TOTAL:	5	Yes	0	No	0	Abstain	0	Absent
RESULTS	X	PASS				FAIL

Available upon request

AUDIT BILLS

Motion by Mayor Doster and seconded by Deputy Mayor Kosmerl, 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.

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