June 20, 2006

The public hearing and regular meeting of the Village of Arcade Board of Trustees, Wyoming County, New York was held on Tuesday, June 20, 2006 at 7:00pm there were:

PRESENT

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

ALSO PRESENT

Andy Bartz, Margaret Morgan, Anita Stewart, BJ Moore, Dave Popiela, and Graham Vosburg (Arcade Herald)

ABSENT

Trustee Hugh Ely

NOTICE

Pursuant to Article 7 of the Public Officers Law, notice of this meeting was given to the media on May 17, 2006, and the same posted on May 17, 2006.

PLEDGE TO ALLEGIANCE

Mayor Doster opened the meeting with the Pledge to Allegiance.

PUBLIC HEARING – STREETS & SIDEWALKS

Mayor Doster opened the public hearing on the proposed amendment to the streets and sidewalks local law. Proposed changes eliminate the requirement to charge property owners for the costs of sidewalk construction repair or reconstruction materials.

There being no further comments or concerns, Trustee Reisdorf made a motion, seconded by Mayor Doster, and unanimously carried the Board close the public hearing regarding streets and sidewalks at 7:15pm.

ADOPT LOCAL LAW 1-2006, CHAPTER 55, "STREETS AND SIDEWALKS"

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

RESOLUTION

WHEREAS, a proposed Local Law to amend Chapter 55 of the Laws of the Village of Arcade entitled Streets and Sidewalks was reviewed by the Board members on May 16, 2006 and

WHEREAS, Clerk/Treasurer Beiersdorf has certified that the Open Meetings Law has been complied with regarding the calling of a meeting of the Board of Trustees which was held on May 16, 2006, and at such meeting a Clerk/Treasurer Beiersdorf was directed to schedule a public hearing on said proposed Local Law on June 20, 2006, and

WHEREAS, the final form of Proposed Local Law 1-2006 was e-mailed to each Board member on May 12, 2006, and

WHEREAS, the Notice of said public hearing was published in the Arcade Herald on June 8, 2006, and

WHEREAS, Clerk/Treasurer Beiersdorf has certified that the Open Meetings Law has been complied with in regards to the Public Hearing called on June 20, 2006, and this Board having met on that day and conducted said public hearing and considered such arguments as were presented for and against the adoption of proposed Local Law No. 1-2006, and

WHEREAS, Clerk/Treasurer Beiersdorf has certified that the Open Meetings Law has been complied with in regards to this meeting;

NOW, THEREFORE, BE IT RESOLVED that Proposed Local Law No. 1-2006 of the Village of Arcade as presented at the public hearing be and the same be enacted to read as follows:

CHAPTER 55
STREETS AND SIDEWALKS

Be it enacted by the Board of Trustees of the Village of Arcade as follows:

ARTICLE I – USE OF SIDEWALKS
Section 551. Use of sidewalks, penalty.
Section 552. Sidewalk repair & construction.
Section 553. Assessments.

ARTICLE II – SHADE TREES ALONG STREET
Section 554. Lot owner’s duty.
Section 555. Failure to comply.

ARTICLE III – POLES AND WIRES
Section 556. License required, exception; penalty.

ARTICLE IV – OBSTRUCTION IN STREETS
Section 557. Prohibition.
Section 558. Penalty.

ARTICLE V – STREET OPENING
Section 559. Permit required.
Section 5510. Application for permit.
Section 5511. Deposit applied to cost.
Section 5512. Backfill requirements.
Section 5513. Street cleanup; removal of snow, etc.
Section 5514. Adequate traffic signs required.
Section 5515. Excavations, construction material adequately barricaded.
Section 5516. Obligation of permittee.
Section 5517. Emergency authorization.

ARTICLE VI – PENALTIES
Section 5518. Penalties.

ARTICLE VII – EFFECTIVE DATE
Section 5519. Effective Date

The full context of the local law is available at the Village Office

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

PUBLIC HEARING – EMPLOYEE RESIDENCY

Mayor Doster opened the public hearing on the proposed amendment to the employee residency local law. Proposed change shall not prevent a person from holding the office of justice court clerk of the VOA, provided that such person resides in the Town in which such Village is located.

Mayor Doster proposes the local law be amended to add the following paragraph:

"Public Officers Law §3(8) requires Village court clerks outside the City of New York to be a resident of the political subdivision or municipal corporation of the state for which he/she shall be chosen or within which his/her official functions are required to be exercised. This Local Law shall not prevent a person from holding the office of justice court clerk of the Village of Arcade, provided that such person resides in the Town in which such Village is located."

Margaret Morgan I agree that people working for the Village or Town should live near or in the Village or Town. They start here, then they move out.
Mayor Doster The biggest issue is that we have a residency requirement although we do allow exceptions to that requirement via Board approval based on individual situation. This is done for a multitude of reasons. First and foremost, the pool that you can draw good employees from can be highly restricted, if you restrict it. Subsequently, we have that option to pool from a larger base of potential employees by allowing exceptions to the rule. I couldn't agree with you more, I think everyone should live in the Village, but you can't always hire good people.
Dave Popiela The Village has a lot of good employees that aren't even given a shot at job.
Mayor Doster I don't understand what you are saying.
Dave Popiela You said you might not be able to get skilled workers from within the Village, and you said that the Village has a lot of good workers in it that have been chosen for those skills.
Mayor Doster That's not what I said. By having the option to get around the residency requirement with the exception, broadens our base from which we can pull people from. I'm not debating at all that we don't have great residents for employees that live within the Village. By allowing us to pull from a bigger base, give us more options. The first things these folks do when hiring is go to the Village first.
Dave Popiela How does that relate? Does it have to be a Village resident or a Town resident? For any positions.
Mayor Doster The first thing these folks do when looking for new employees, is to solicit, advertise, and give preference to those people who live in the VOA. If they find what they are looking for within the VOA, great. From that pool of applicants which included Village and non-Village residents, if they didn't find what they were looking for, they have the option to look outside.
Trustee Burkett I was originally against this. I thought about it and since the Court Clerk also serves the Town, it doesn't make any sense that we would require this employee be a Village resident since they serve both municipalities.

There being no further comments or concerns, Mayor Doster made a motion, seconded by Trustee Burkett, and unanimously carried the Board close the public hearing regarding employee residency at 7:25pm.

ADOPT LOCAL LAW 2-2006, CHAPTER 15, "EMPLOYEE RESIDENCY"

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

RESOLUTION

WHEREAS, a proposed Local Law to amend Chapter 15 of the Laws of the Village of Arcade entitled Employee Residency was reviewed by the Board members on June 6, 2006 and

WHEREAS, Clerk/Treasurer Beiersdorf has certified that the Open Meetings Law has been complied with regarding the calling of a meeting of the Board of Trustees which was held on June 6, 2006, and at such meeting a Clerk/Treasurer Beiersdorf was directed to schedule a public hearing on said proposed Local Law on June 20, 2006, and

WHEREAS, the final form of Proposed Local Law 2-2006 was e-mailed to each Board member on May 12, 2006, and

WHEREAS, the Notice of said public hearing was published in the Arcade Herald on June 15, 2006, and

WHEREAS, Clerk/Treasurer Beiersdorf has certified that the Open Meetings Law has been complied with in regards to this meeting;

NOW, THEREFORE, Be It Resolved, as follows:

THAT Proposed Local Law No. 2-2006 of the Village of Arcade as presented at the public hearing be and the same be enacted to read as follows:

CHAPTER 15
EMPLOYEE RESIDENCY

Be it enacted by the Board of Trustees of the Village of Arcade as follows:

Section 151. Findings.
Section 152. Definitions.
Section 153. Residency Requirement for Officers and Employees
Section 154. Termination of Service.
Section 155. Waiver of Requirements.
Section 156. Saving Clause.
Section 157. Repealer Clause.
Section 158. Effective Date.

The full context of the local law is available at the Village Office

The motion was passed upon the following vote:

AUTORIZATION TO WRITE LETTER TO LEGISLATORS

Motion by Mayor Doster and seconded by Trustee Reisdorf, Mayor Doster be authorized to write letters to State Legislators Dale Volker and Dan Burling requesting their support to append Public Officers Law §3(8) with the VOAs exception.

The motion was passed upon the following vote:

APPROVE MINUTES

Motion by Trustee Burkett and seconded by Deputy Mayor Kosmerl, the minutes from the regular meetings held on June 6, 2006 be approved as presented by Clerk/Treasurer Beiersdorf.

The motion was passed upon the following vote:

PERMISSION TO PURCHASE NEW PATROL CAR

Motion by Trustee Burkett and seconded by Deputy Mayor Kosmerl, Police Chief Laird be granted permission to purchase a new patrol car, as budgeted.

The motion was passed upon the following vote:

PERMISSION FOR ARCADE POLICE OFFICERS TO ASSIST WYOMING COUNTY SHERIFF'S OFFICE AT BUFFALO HILL VILLAGE

Motion by Mayor Doster and seconded by Trustee Burkett, Arcade Police Officers be granted permission to assist Wyoming County Sheriff's Office at Buffalo Hill Village's upcoming holiday events. Wyoming County will reimburse the VOA 100% for all expenses. This motion becomes effective once Police Chief Laird confirms who carries the insurance for said events.

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

LETTER FROM FEMA

A letter from Gary Seidenfeld, Emergency Management Program Officer to Ms. Susan J. Bergmann, Chief of Mitigation Programs, NYS Emergency Management Office, "FEMA 1467-DR-NY, HMGP Project 1467-0013, Village of Arcade, Wyoming County, NY, Bixby Hill Flood Mitigation Project," dated June 15, 2006 was received. Contents of the letter concurred with the request to increase the approved project costs and Federal share of the VOA, Bixby Hill Flood Mitigation Project.

AWARD BID – 3 FLOOD CONTROL STRUCTURES BIXBY HILL PROJECT

As recommended by Superintendent of Public Works Kilburn, a motion was made Deputy Mayor Kosmerl and seconded by Trustee Burkett to award the 3 Flood Control Structures Bixby Hill Project to A. D. Call & Sons, Excavating & Trucking, Inc., Stafford, NY in the amount of $292,000.00.

The motion was passed upon the following vote:

As recommended by Superintendent of Public Works Kilburn, a motion was made by Mayor Doster and seconded by Trustee Burkett to hire Andy Bartz, a Village resident and current employee, as Lineman Trainee effective July 1, 2006 or upon posting the Sewage Treatment Plant Trainee position at $14.33/hr.

The motion was passed upon the following vote:

Motion by Deputy Mayor Kosmerl and seconded by Mayor Doster, Superintendent of Public Works Kilburn be granted permission to post/advertise for Sewage Treatment Plant Trainee. The position will be posted internally for a period of five (5) working days per Union contract. If the position is not filled internally, Superintendent of Public Works Kilburn shall be granted permission to advertise outside the existing workforce.

The motion was passed upon the following vote: