May 16, 2006

The regular meeting of the Village of Arcade Board of Trustees, Wyoming County, New York was held on Tuesday, May 16, 2006 at 7:00pm there were:

PRESENT

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

ALSO PRESENT

Margaret Morgan, Anita Stewart, Katie Domes, Stan Puffer, Mark Andrews, William Sprague, William Koch, Paul Sanders, John Brahaney, Linda Kemp, Dick Kemp, Karen Norton, Dave Popiela, Pioneer Central School Government Class Students Tony Bravo and Rose Benavedez

ABSENT

Mayor Michael Doster and Police Chief John Laird

NOTICE

Pursuant to Article 7 of the Public Officers Law, notice of this meeting was given to the media on April 27, 2006, and the same posted on April 27, 2006.

PLEDGE TO ALLEGIANCE

Deputy Mayor Kosmerl opened the meeting with the Pledge to Allegiance.

APPROVE MINUTES

Motion by Deputy Mayor Kosmerl and seconded by Trustee Burkett, the minutes from the regular meetings held on May 2, 2006 be approved with the following amendment highlighted in italics:

INCODE – REQUEST APPROVAL

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.

RESOLUTION

WHEREAS, the existing software is inefficient; and

WHEREAS, the Village received two quotes; and

WHEREAS, Mayor Doster, Clerk/Treasurer Beiersdorf, Superintendent of Public Works Kilburn, and the Village Attorney have reviewed the proposals and conducted due diligence as to the selection of a new system; and

WHEREAS, the entire Board of Trustees were invited to attend a one-day demonstration of the proposed INCODE government software solution; and

WHEREAS, the majority of the Board of Trustees and Office Personnel indeed attended a one-day demonstration of the proposed INCODE government software solution; and

WHEREAS, based on the review of the system, price, service, viability of the Company, and references the Clerk/Treasurer Beiersdorf recommends that the award go to INCODE, a division of Tyler Technologies, for a total cost of software, implementation, data conversion, installation, training, and support of $111,060.00; and

WHEREAS, Tyler Technologies, Inc., INCODE Division, offers an integrated suite of applications designed for municipalities. The following modules or professional services are included but not limited to: general ledger, budget preparation, check reconciliation, accounts payable, purchase orders, fixed assets, project accounting, payroll, distributed time sheet entry, property tax management, central cash collections, accounts receivable, implementation, data conversion, training and support.

WHEREAS, it is recommended that the purchase for this government software solution be through a four year lease purchase agreement with Diversified Lenders; and

WHEREAS, $61,083 of the $111,060.00 qualifies to be funded through the Independent Energy Efficiency Program (IEEP).

NOW, THEREFORE, BE IT RESOLVED THAT Mayor Doster be hereby authorized to negotiate and execute contract agreements and related documents with Tyler Technologies, Inc INCODE Division, 5808 4th Street, Lubbock Texas for the purchase of government software solution in an amount nottoexceed $111,060.00 and to negotiate and execute contract agreements, applications, or related documents with the purpose of procuring INCODE computer government software solution over a four year period with Diversified Lenders.

The motion was passed upon the following vote:

VOTE

Mayor Michael Doster

Yes

No

Abstain

X

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:

4

Yes

0

No

0

Abstain

1

Absent

RESULTS

X

PASS

FAIL

OPEN BIDS – FREEDOM TAP SUBSTATION RELAY AND CONTROL EQUIPMENT

This meeting having been duly advertised for the receival of bid(s) for the Freedom Tap Substation Relay and Control Equipment, the above persons were in attendance. The following bids were received:

Name and Address

Amount

Schweitzer Engineering Laboratories, Inc.

Pullman, WA

$322,280.00

Wesco Distribution Inc.

Aurora, OH

$348,725.00

OR

$182,127.00

relay

$286,769.00

control house

Pedersen Power Products

Omaha, NE

$334,660.00

Motion by Trustee Burkett and seconded by Trustee Ely, the bid(s) for Freedom Tap Substation Relay and Control and Equipment 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

Yes

No

Abstain

X

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:

4

Yes

0

No

0

Abstain

1

Absent

RESULTS

X

PASS

FAIL

PUBLIC HEARING – WATER RATE INCREASE

Deputy Mayor Kosmerl opened the public hearing on the proposed general water rate increase, planned addition of late payment penalties affixed to water bills, and intended changes for Arcade Valley Estate consumers by asking for any comments or questions. During our budget process, we discussed the need to increase our water rates and our final outcome as proposed in the budget was to increase the base rate by 11.1% and the use rates by 14.9%.

SPW Kilburn Arcade Valley Estates is currently outside the VOA, however pays inside the VOA rates. Bill Sprague, owner of Arcade Valley Estates, was asked to attend the meeting to provide documentation as to why this rate structure occurred.

William Sprague Due to the short notice of the request by the VOA, Bill was unable to locate any documentation as to why Arcade Valley Estates paid inside VOA rates. To the best of Bill's recollection, the last base rate increase was 1996. Bill commented that at that time, he was paying double the rates because of the increase that year. The 1996 increase was due to the needed repairs to the water and sewer system. He felt that his increase nearly paid for those repairs to the system. Bill also commented that there is no cost to the VOA once the water leaves the street. Bill asked for extension of time to research this matter. The Board agreed and invited him to return to the special meeting scheduled for May 30, 2006.

Deputy Mayor Kosmerl I think it's important to point out, as Bill indicated, it has been 7-8 years since our last general increase and 4 years since our last base rate increase. We hate to increase rates, however, our expenses continue to go up and we must ensure that we don't deplete all of our reserves in the department. Matter of fact, we haven't been able to build any reserves the past several years, so there is no emergency cash. This increase attempts to build a reserve for small emergencies.

Paul Sanders What about the sprinkler in the VOA park? Are you going to run direct water?

SPW Kilburn Due to new Health Department regulations, if we open the fountain this year, that's what we'll have to do.

Paul Sanders That's a lot of water. Rates are being raised which is understandable, but then we're going to throw all this water out. That's a lot of wasted water.

SPW Kilburn There are several pieces associated with this, one is restricting the hours. There are questions whether or not the sprinkler should even be opened

Trustee Reisdorf The base rate that is currently paid by residents is roughly $1.74. The rate increase would make this figure $2.00. A comparison chart was compiled of surrounding area rates. The City of Buffalo pays approximately $5.00 per 1000. The cheapest Erie County rate was about $3.20. VOA residents would be paying $2.00 with the new rate. This is comparably cheap.

Katie Domes I think that this Village is driving small business person out. They can't afford it. Whenever something is wrong, raise the tax, raise the utility. I don't see any cost efficiency studies or cut backs. This Town doesn't like small businesses. They go overboard for the big businesses. The screws are put to the small business any way possible, right down to signs. I've been mad since they shut down my trees at Tops and I just keep getting madder. And there is nothing I can do about it. Look at downtown. What's the Board got for businesses? Nothing. I think it's time you look at cut backs, an efficiency study, and merging of department.

Tony Bravo As one of five children and a family of seven, we've always struggled to since we're a lower to middle class family. I could see where a 15% charge would be rather significant. This relates to a conversation my father and I once talked about doing dirty laundry, how it was only quarters, but they add up and add up and add up. I could see where the proposed 15% increase could really create a problem. I see why she (Katie Domes) is upset.

Katie Domes You try to run a business in Arcade. You can't really. Has anyone else on this Board every tried to run a small business in this community? Don't even bother. Look at New York State, look at the Buffalo News, they are looking to cut pensions, everything. I don't see that happening around here.

Linda Kemp When you did your study and quoting prices, Buffalo compared to Arcade, did you also do the study on size of the population, size of demand power as well as the expense they put out? How do they compare? You are talking apples to oranges when you're talking Arcade and the City of Buffalo.

Trustee Ely If you read the paper last week, you'll notice that one person voted against it. That was me. Do we need to increase rates? Yes, gradually. To me that's one heck of an increase to hit all at once. As the gentlemen in the back mentioned, if you have seven in your family, you'll take quite a hit on it. As far as Katie's comments about the efficiency studies, I agree wholeheartedly with you. I think we should do an efficiency study of every department in the Village from the Office to the Police Department. We should have a study done to see where we're going. I know what you’re saying, I agree, I hear it, the small businesses in Arcade have problems. We need to start working with them, not against them.

Katie Domes When the union contract was negotiated, it shouldn't be done by the officers, the raises are based on what the union gets. That's a conflict of interest.

Trustee Ely I always question any increase we have on it. I hear, here's what Buffalo pays, here's what Silver Springs pays, Springville, Castile. Frankly, I don't care what they pay. I'm interested in what the people in Arcade pay. As Linda mentioned, it's a different situation. Each community has their own unique circumstance and we should be concentrating on what it costs our people.

Paul Sanders Did we ever get that money from Northridge and are we going to charge interest on that money?

Trustee Burkett This matter is on the agenda tonight to be discussed in executive session.

Trustee Ely Did we answer Mr. Sprague's question about are we going to give him time to double check and see what is happening? I'd be willing to give him time to go back and look at it. I'm curious as to how this happened myself. How did all of a sudden we say you've been paying Village rates, now say you should have been paying Town. I'd like to know how it happened.

Trustee Reisdorf Would one week be enough time, Bill?

There being no further comments or concerns Deputy Mayor Kosmerl made a motion, seconded by Trustee Reisdorf, and unanimously carried the Board close the water rate increase public hearing at 8:15pm.

VILLAGE PARK HOCKEY RINK

Lion's Club representatives attended the May 2, 2006 meeting and offered to contact a contractor for an estimate of necessary repairs. In addition, Superintendent of Public Works Kilburn was requested to provide an estimate. No information was available for discussion.

On May 5th, Mayor Doster wrote a letter to the Honorable Mayor Byron Brown to inquire about the possibility to obtain through donation the hockey boards from the old Buffalo Memorial Auditorium.

Deputy Mayor Kosmerl read the following letter from Joseph N. Giambra, City of Buffalo Department of Public Works.

"Dear Mayor Doster,

Mayor Byron Brown has asked me to respond to your letter of May 5, 2006 regarding the dasher boards from Memorial Auditorium.

Throughout the past ten years we have been using parts and components of these board to repair or replace the boards at our three municipal rinks. We, therefore, do not have a full set of boards left.

If we can assist in any other way, please contact me at your convenience."

A&A REQUEST TO EXTEND TAX EXEMPTION

This item was tabled until the regularly scheduled meeting on June 6, 2006.

INSURANCE PROPOSAL – ARCADE AGENCY

This item was removed from the agenda.

PRESTOLITE – FIRE WATER (SPRINKLER SYSTEM)

A great deal of discussion took place regarding this topic. The VOA is concerned about the amount of water used by Prestolite through their fire protection system. Currently, there is no accurate way to automatically measure the amount of water used. The VOA advised Prestolite to become compliant. Bill Koch, Prestolite, addressed the Board and is willing to provide documentation to the VOA. Bill distributed a letter from Aurora Plumbing Co., Inc. that provides options to correct the meter issue. The Board asked Bill to make a proposal and presentation to them at the June 6, 2006 meeting.

PERMISSION TO SIGN 1ST AMENDMENT TO SUPPORT SERVICES AND REIMBURSEMENT AGREEMENT WITH NOBLE

Motion by Trustee Burkett and seconded by Trustee Ely permission be granted for Mayor Doster or Deputy Mayor Kosmerl to sign the 1st Amendment to Support Services and Reimbursement Agreement with Noble Environmental Power LLC.. The purpose of the agreement is to examine the interconnection of the Project to the Arcade System, the potential for impacts on Niagara Mohawk Power Corporation’s (NMPC) system and on the existing interconnection of the Arcade system to the NMPC system. Money has been guaranteed in escrow.

The motion was passed upon the following vote:

PERMISSION TO SIGN SUPPORT SERVICES AGREEMENT WITH NIAGARA MOHAWK

Motion by Trustee Burkett and seconded by Trustee Reisdorf permission be granted for Mayor Doster or Deputy Mayor Kosmerl to sign the Support Services Agreement with Niagara Mohawk Power Corporation (NMPC). The VOA is in the process of identifying the electrical requirements of the NMPC to accommodate wind generation on it’s electrical system and the VOA desires to have NMPC perform certain services in connection with the Project.

The motion was passed upon the following vote:

TEMPORARY EMPLOYMENT AGREEMENT

The Board asked Superintendent of Public Works Kilburn to review previous meeting minutes to determine whether or not a motion had been made on this item.

HAZARD MITIGATION PLAN AND PROJECT DEVELOPMENT WORKSHOPS

Motion by Deputy Mayor Kosmerl and seconded by Trustee Burkett, Superintendent of Public Works Kilburn be granted permission to attend the Hazard Mitigation Plan and Project Development Workshops announced by the New York State Emergency Management Office on June 29, 2006 from 9:30am to 3:45pm at the Holiday Inn in Batavia, NY. The agenda consists of an introduction to mitigation programs, damage information and data collection, and plan development and project development break-out sessions.

The motion was passed upon the following vote:

PERMISSION TO SIGN MUNICIPAL COOPERATION AGREEMENT

Motion by Deputy Mayor Kosmerl and seconded by Trustee Reisdorf, Mayor Doster or Deputy Mayor Kosmerl be granted permission to sign the Addendum to the Agreement between the NYS Unified Court System and Key Bank (Key Merchant Services) of New York with the stipulation that credit cards are not accepted prior to June 1, 2006. The Board wishes to review the amount paid in fees on a monthly basis and agrees to assess the program for a minimum of one year. The VOA can terminate the program at any time by written notification to the Office of Court Administration and Key Merchant Services. The notification should include a reference to the last date processing will occur. Once all outstanding transactions have been processed, Key Merchant Services will arrange for the return of the equipment. The VOA would be responsible to pay the last month of fees. If the agreement is terminated at the end of the month, but the processing completes at the beginning of the next month, the VOA would be required to pay that next monthly fee.

The motion was passed upon the following vote:

*VOTE*
Mayor Michael Doster		Yes		No		Abstain	X	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:*	4	Yes	0	No	0	Abstain	1	Absent
*RESULTS*	X	*PASS*				*FAIL*

DELINQUENT WATER AND SEWER BILLS TO TAXES

This item was removed from the agenda.

SET DATE FOR SPECIAL MEETING – FISCAL YEAR END BUSINESS

A special meeting has been scheduled for Tuesday, May 30, 2006 at 7:00am to finalize fiscal year 2005-06 business.

REVIEW FEE SCHEDULE

This items was tabled until the June 6, 2006 meeting.

DISCUSS RECREATION PROGRAM

Clerk/Treasurer Beiersdorf was asked to invite Cindy Wheeler to the June 6, 2006 meeting to discuss the recreation program.

LOCAL LAW – EMPLOYEE RESIDENCY

This item was tabled until a future meeting.

BUDGET ADJUSTMENTS

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

The motion was passed upon the following vote:

Available upon request

AUDIT BILLS

Motion by Deputy Mayor Kosmerl 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		Yes		No		Abstain	X	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:	4	Yes	0	No	0	Abstain	1	Absent
RESULTS	X	PASS				FAIL