The special meeting (work session) of the Village of Arcade Board of Trustees, Wyoming County, New York was held on Tuesday, July 11, 2006 at 5:30pm there were:

PRESENT

Mayor Michael Doster (6:00pm), Deputy Mayor Richard Kosmerl, Trustee Paul Burkett, Trustee Hugh Ely, Trustee Dan Reisdorf, and Clerk/Treasurer Pam Beiersdorf

ALSO PRESENT

N/A

NOTICE

Pursuant to Article 7 of the Public Officers Law, notice of this meeting was given to the media and the same posted on June 22, 2006.

REVIEW FEE SCHEDULE

Board members began reviewing the fee schedule compiled by Clerk/Treasurer Beiersdorf. Several changes were identified and noted, however, additional time is still needed to finalize the review.

The regular meeting of the Village of Arcade Board of Trustees, Wyoming County, New York was held on Tuesday, July 11, 2006 at 7:00pm.

PLEDGE TO ALLEGIANCE

Mayor Doster opened the meeting with the Pledge to Allegiance.

PRESENT

Mayor Michael Doster, Deputy Mayor Richard Kosmerl, Trustee Paul Burkett, Trustee Hugh Ely, Trustee Dan Reisdorf, Clerk/Treasurer Pam Beiersdorf, and Police Chief John Laird

ALSO PRESENT

Stan Puffer, BJ Moore, Margaret Morgan, Anita Stewart, and Mike Medden

NOTICE

Pursuant to Article 7 of the Public Officers Law, notice of this meeting was given to the media and the same posted on June 22, 2006.

APPROVE MINUTES

Motion by Trustee Burkett and seconded by Deputy Mayor Kosmerl, the minutes from the public hearing and regular meetings held on June 20, 2006 be approved with the following amendment:

 Page 16 of 20

• RESOLUTION - PERMISSION TO EXECUTE DOCUMENTS BY AND BETWEEN ERIC W. & KIM M. MEAD AND THE VOA

• The recorded vote of Deputy Mayor Kosmerl was incorrect.  Deputy Mayor Kosmerl abstained. because the Mead's attorney is a relative of Deputy Mayor Kosmerl and this would be a conflict of interest.

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

OPEN BIDS – FRONT MOUNTED LEAF LOADER

This meeting having been duly advertised for the receival of bid(s) for a Front Mounted Leaf Loader, the above persons were in attendance.  The following bids were received:

Name and Address	Amount
Cyncon Equipment, Inc. Rush, NY	$11,290.00
Valley Fab & Equipment Boston, NY	$8,327.00

Motion by Trustee Burkett and seconded by Trustee Reisdorf, the bid(s) for a Front Mounted Leaf Loader be turned over to Superintendent of Public Works Kilburn for evaluation and recommendation to the Board.

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

OPEN BIDS – FOUR WHEEL DRIVE LOADER

This meeting having been duly advertised for the receival of bid(s) for a Four Wheel Drive Loader, the above persons were in attendance.  The following bids were received:

Name and Address	Amount	Trade In Amount
Milton Cat Rochester, NY	$83,925.00	$33,000.00
Five Star Equipment Orchard Park, NY	$81,250.00	$43,250.00
George & Swede Sales & Service, Inc. Pavilion, NY	$72,788.00	$36,000.00
George & Swede Sales & Service, Inc. Pavilion, NY	$82,059.20	$36,000.00
Baschmann Services, Inc. Elma, NY	$97,540.00	$38,750.00
Baschmann Services, Inc. Elma, NY	$95,807.00	$38,750.00
Monroe Tractor Buffalo, NY	$82,844.45	$39,000.00
Monroe Tractor Buffalo, NY	$84,617.00	$43,800.00

Motion by Deputy Mayor Kosmerl and seconded by Trustee Ely, the bid(s) for a Four Wheel Drive Loader be turned over to Superintendent of Public Works Kilburn for evaluation and recommendation to the Board.

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

STREETS

Deacon Drive resident, Mike Medden came before the Board to express his dissatisfaction with recent street resurfacing of Deacon Drive.  The street had been chip sealed and fogged versus slurry sealed like Haskell Avenue.  He presented and read to the Board a petition signed by Deacon Drive residents. In addition, Mr. Medden supplied two exhibits to support his concerns.

After summarizing his complaints, Mr. Medden complimented Streets & Parks Foreman, Danny Laird, for his professional demeanor and positive representation for the Village, while discussing the resurfacing issues.  Nice job, Danny!

PERMISSION TO ADVERTISE CROSSING GUARD POSITION

Motion by Deputy Mayor Kosmerl and seconded by Trustee Ely, Police Chief Laird be granted permission to advertise for a part-time crossing guard for the school year beginning in September 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		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

PERMISSION FOR POLICE CLERK TO WORK OVERTIME

Motion by Mayor Doster and seconded by Deputy Mayor Kosmerl, Police Chief Laird be granted permission to allow Police Clerk, Gill Moore to work overtime on complaint entries from 2005 and 2006 in preparation of the new Windows based LEMS, given the time spent is within the budgeted overtime amount.

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

AWARD BID – FREEDOM TAP SUBSTATION RELAY AND CONTROL EQUIPMENT

Motion by Deputy Mayor Kosmerl and seconded by Mayor Doster, Superintendent of Public Works Kilburn be granted permission to award the Freedom Tap Substation Relay and Control Equipment as recommended to Pedersen Power Products, Omaha, NE in the amount of $334,660.00.  Pedersen Power Products was the lowest responsive bid for this equipment.

Superintendent of Public Works Kilburn is directed to verify that the $334,660.00 was covered by the recent check received from Noble Environmental Power.

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

PERMISSION TO SIGN AMENDED AGREEMENT – HAZARD MITIGATION GRANT PROGRAM PROJECT BIXBY HILL FLOOD MITIGATION PLAN

Motion by Trustee Burkett and seconded by Deputy Mayor Kosmerl, Michael R. Doster, as Mayor of the Village of Arcade, Arcade, New York is hereby authorized and directed to execute the amended agreement between the State Emergency Management Office (SEMO) and the Village of Arcade, regarding the Hazard Mitigation Grant Program Project (HMGP) 1467-6015 (0013) Bixby Hill Flood Mitigation Project.

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

PERMISSION TO ATTEND ANNUAL COURT CLERK CONFERENCE

Village Justice Sheri Bell Beyer (via letter to the Board) requested permission for Gill Moore to attend the New York State Association of Magistrates Court Clerks 26th Annual Conference from October 811, 2006 in Ellenville, NY.

The Board reviewed the request and asked that the Justice department research the cost of alternate travel arrangements via air and provide an updated conference schedule prior to approval.

FIRE DEPARTMENT - MEMBERSHIP

Clerk/Treasurer Beiersdorf reported that William Gates is no longer a member of the Arcade Fire Department as he moved out of the area.

VILLAGE PARK CABIN GRANT

According to Dale Volker's Chief of Staff, the money for the Village park cabin grant should arrive the week of July 17th.

INCODE – STATUS

Clerk/Treasurer Beiersdorf reported that the transition to INCODE software is progressing and provided the Board with a copy of INCODE's implementation and training schedule.

REVIEW ADMINISTRATION OF VOLUNTEER EMERGENCY SERVICE RESPONDER LEAVE POLICY

The need to develop a policy to obtain consistency through the departments with handling volunteer firefighters, EMTs, fire police or auxiliary members response to calls has been identified.  Clerk/Treasurer Beiersdorf drafted a policy for Board review and comments. After a lengthy discussion, the Board decided to table this item until the July 18th meeting giving members additional time to review the policy and for Clerk/Treasurer Beiersdorf to benchmark with local businesses.

DISCUSS CELL PHONE POLICY OPTIONS

At a previous meeting the Board discussed the need to create a cell phone policy.  Clerk/Treasurer Beiersdorf asked the Board for direction as to the content of the policy. 

After benchmarking other organizations, it was determined that numerous companies are shying away from owning cell phones. Rather, employees whose job duties include the frequent need for a cell phone may receive extra compensation, in the form of a cell phone allowance, to cover business-related costs. The IRS requires cell phone users to keep a daily log of all calls by the user, with business purposes noted, and the audit of those logs by departmental approvers. If the phone is personally owned, the employee is compensated for business costs through an allowance (taxable income). Personal use is allowable and the tracking requirements do not exist.  An employee with a cell phone allowance must maintain an active cell phone contract for the life of the allowance.

If the Village provides cell phones to employees for the purpose of conducting Village business, personal calls are discouraged, although it is understood that usage for personal reasons may be necessary in emergency situations.

Cell phone litigation is one of the new types of litigation springing up all around the country. Whenever there is a vehicle or other type of accident and a cell phone is involved you can bet a law suit may not be far away.  If an employer provides cell phones, or if a cell phone use is a necessary part of a job, then that employer can be liable for problems created by their employee's use of cell phones while driving or otherwise working for the employer.  Even if employees are not officially on company business, and in some cases not even making a business call, employers can still be held liable if an accident involves a cell phone provided or permitted by the employer.

Based on these discussions, the Board instructed Clerk/Treasurer Beiersdorf to advise all employees that Village owned cell phones are to be placed on Superintendent of Public Works Kilburn's desk the morning of Monday, July 17th.  An exception to this applies for any employee on call Monday or Tuesday evening. Superintendent of Public Works Kilburn shall evaluate the needs and justify the number of phones and their usage in the field and report his results to the Board at the meeting scheduled for Tuesday, July 18th.  Upon board approval, phones will be redistributed on Wednesday.

BUDGET ADJUSTMENTS

Motion by Mayor Doster and seconded by Deputy Mayor Kosmerl, the 2005-2006 and 2006-2007 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

2005-2006

Available upon request

2006-2007

Available upon request

AUDIT BILLS

Motion by Mayor Doster and seconded by Trustee Reisdorf, 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	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

RECORDABILITY OF SALARIED EMPLOYEES COMP TIME

Trustee Burkett asked the Board why salaried employees received comp time for hours worked in excess of 40 hours.  In his experience, salaried employees should work until the job is done, regardless of the hours worked.

2006 FIRE CONTRACTS

It has been determined that the formula used to calculate the rates for the 2006 fire contracts between the Towns of Arcade and Freedom and the Village of Arcade were incorrect as stated in the original contracts.

The original contracted signed in November 2005 by the Town of Arcade was for $71,150.00.  The correct amount should have been $56,721.00, a difference of $14,429.00.

The original contracted signed in November 2005 by the Town of Freedom was for $46,900.00. The correct amount should have been $37,232.00, a difference of $9,668.00.

Motion by Mayor Doster and seconded by Deputy Mayor Kosmerl, the fire contracts between the Towns of Arcade and Freedom and the VOA be amended for the period of January 1, 2006 through December 31, 2006 to reflect the correct amounts.

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