The regular meeting of the Board of Trustees of the Village of Arcade, Wyoming County, New York was held on Tuesday, May 17, 2005 at 7:00pm there were:

PRESENT

Mayor Michael Doster, Trustee Paul Burkett, Trustee Hugh Ely, Trustee Daniel Reisdorf, Superintendent of Public Works Larry Kilburn, and Clerk/Treasurer Joanne Offers

ABSENT

Deputy Mayor Richard Kosmerl

ALSO PRESENT

Police Chief John Laird, Deputy Village Clerk Temporary Pam Beiersdorf, Deborah Titus (Arcade Herald), Karen Norton (until 7:50pm), Margaret Morgan (until 7:50pm), Paula Edwards (Bank of Castile), Grove Ellwood (Tompkins Insurance), Jason Beachel (Tompkins Insurance), and Eric Slocum (at 8:00pm) (Arcade-Knight Agency)

NOTICE

Pursuant to Article 7 of the Public Officers Law, notice of this meeting was given to the media on the 4^th day of May 2005 and the same posted on the 4^th day of May 2005.

PLEDGE TO ALLEGIANCE

Mayor Doster opened the meeting with the Pledge to Allegiance.

APPROVE MINUTES

Motion by Trustee Burkett and seconded by Trustee Reisdorf, the minutes from the regular meeting held on May 3, 2005 be approved as presented. The motion was approved upon the following vote:

   Mayor Michael Doster                  Aye
   Deputy Mayor Richard Kosmerl    Absent
   Trustee Paul Burkett                      Aye
   Trustee Hugh Ely                          Aye
  Trustee Daniel Reisdorf                  Aye

PUBLIC HEARING - SEWER RENTS

Clerk Offers read the legal notice presented to the Arcade Herald that outlines the amendment to Chapter 52 entitled Sewer Rents of the Laws of the Village of Arcade.

Mayor Doster opened the public hearing for comments and concerns.

Karen Norton, Village Resident, asked the Board for an explanation on how sewer rates were based and what the increased funds would be used for within the Sewer Department.  She also commented, that upon review of her past three years water/sewer bills, she has noticed yearly increases of approximately $10.00.  Most recently, she has noticed an increase in consumption and asked for a probable cause.  The Board informed Mrs. Norton that sewer rates were based on gallons of water that go through the water meter and that the increased funds would be used for the day-to-day operations of the Sewer Department.  It was recommended that Mrs. Norton check for a leaky toilet as a possible cause for the increased consumption.

Margaret Morgan, Village Resident, alerted the Board that the kitchen sink at the Village park cabin leaks. Superintendent of Public Works Kilburn was directed to have this issue resolved.

There being no further comments or concerns the public hearing regarding sewer rents was closed upon motion by Trustee Reisdorf and seconded by Trustee Burkett.  The motion was approved upon the following vote:

   Mayor Michael Doster                Aye
   Deputy Mayor Richard Kosmerl  Absent
   Trustee Paul Burkett                    Aye
   Trustee Hugh Ely                          Aye
  Trustee Daniel Reisdorf                Aye

ADOPT SEWER RENTS

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

RESOLUTION

WHEREAS, a proposed Local Law to amend Chapter 52 of the Laws of the Village of Arcade entitled Sewer Rents was reviewed by the Board members on the 19th day of April, 2005, and

WHEREAS, the Village Clerk 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 the 19th day of April, 2005, and at such meeting a motion was adopted to schedule a public hearing on said proposed Local Law on the 17th day of May, 2005, and

WHEREAS, the final form of Proposed Local Law 1-2005 was placed on the desk of each board member on the 3rd day of May, 2005, and

WHEREAS, the Notice of said public hearing was published in the Arcade Herald on the 5th day of May, 2005, and

WHEREAS, the Village Clerk has certified that the Open Meetings Law has been complied with in regards to the Public Hearing called on the 17th day of May 2005, 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. 1-2005, and

WHEREAS, the Village Clerk 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. 1-2005 of the Village of Arcade as presented at the public hearing be and the same be enacted to read as follows (Section 3A only):

SECTION 3. SEWER RENTS

The Village does hereby establish and impose a schedule of “sewer rents” for the service rendered by the sewer system to the real property connected with and served by the sanitary sewer system.

 A. Consumers of Water:

 The Schedule of Sewer charges shall include a base rate and a usage charge on the metered consumption of water. The rates are as follows:

	Water	Usage Charge	Rate/1000 gals	Rate/1000 gals
	Meter Size	Base Rate	First 15,000	16,000 and up
Quarterly Rate Residential:  Inside Village  Outside Village	Less than 1" Less than 1"	26.00    52.00	1.90    3.00	1.95    3.10
Commercial/Industrial  Inside Village    Outside Village    Inside Village	1" 1-1/4 to 1-1/2" 1"   1-1/4 to 1-1/2"	57.20    128.70    114.40      257.40	1.90    1.90    3.00      3.00	1.95    1.95    3.10      3.10
Monthly Rate Commercial/Industrial  Inside Village          Outside Village	2" 3" 4" 6" 8" 2" 3" 4" 6" 8"	76.27    65.00    305.07    686.40    1,220.27    152.53    343.20    610.13    1,372.80    2,440.53	1.90    1.90    1.90    1.90    1.90    3.00    3.00    3.00    3.00    3.00	1.95    1.95    1.95    1.95    1.95    3.10    3.10    3.10    3.10    3.10

Annual credit for filling swimming pool 10.00 
 (upon submittal of annual application)

Mobile Home Parks:

 Inside Village –  Base Rate = Number of Homes x $8.66

Special Customers:

Emkay Trading  - Base Rate = $686.40 per month
 Usage Charge = Meter sewage discharge x $1.90 per 1,000 gal first 15,000 gallons and 1.95 per 1,000 over 15,000 gallons

Prestolite - Base Rate = $686.40 per month
Usage Charge = (Number of employees) x (50 gal. Water use per employee) x (30 days) x ($1.90 per 1,000 gallons first 15,000 gallons, 1.95 per 1,000 gallons over 15,000 gallons)

Farms, Combined Agricultural & Residential:
   Inside Village – Base Rate = $52.00
  Outside Village – Base Rate = $104.00
  Consumers with No Village Water:
  Inside Village – Base Rate = $52.00
 Outside Village – Base Rate = $104.00

Call Outs: 1 Man $165.00 First 2 hours or less
   $  41.00 Per Hour thereafter

  2 Men  $247.00 First 2 hours or less
   $  41.00 Per Hour/Per Man thereafter

  3 Men  $329.00 First 2 hours or less
   $  41.00 Per Hour/Per Man thereafter

This resolution was approved upon the following vote:

   Mayor Michael Doster                  Aye
   Deputy Mayor Richard Kosmerl    Absent
   Trustee Paul Burkett                      Aye
   Trustee Hugh Ely                          Aye
   Trustee Daniel Reisdorf                 Aye

PERMISSION TO ATTEND STATE COMPTROLLER'S 2005 TELECONFERENCE SERIES

Motion made by Trustee Reisdorf, seconded by Trustee Burkett, and unanimously carried permission be granted for one employee (Mayor, Board of Trustees, Superintendent of Public Works, or Clerk/Treasurer) to attend the live, interactive, satellite teleconference titled Local Government Cooperation: Get on Board – We'll Show You How on Monday, May 23, 2005 in Warsaw. Registration is at 6:15pm and the broadcast airs from 6:30 – 8:45pm.  The focus on this teleconference is to assist local officials with ways to reduce the cost of services as well as to improve the quality of services.  Topics include: how to start, cost saving tips, services to share, sustaining the effort, key factors to consider, and available resources.

MEMORANDUM OF AGREEMENT – SECTION 41J

Clerk Offers presented the following Memorandum of Agreement to the Board for their approval and also advised the Board that the Union was provided a copy of said Memorandum for review and approval at their meeting scheduled for Thursday, May 19, 2005.  Due to a lack of consensus, this item was tabled until the Special Meeting scheduled for Friday, May 27, 2005 at 7:00am.

MEMORANDUM OF AGREEMENT

This Memorandum of Agreement (the “Memorandum”) is by and between the Village of Arcade (the “Village”) and the CSEA, Local 1000, AFCSME, AFL-CIO, Arcade Village General Unit, Wyoming County Local 861 (the “Union”).  The Village and the Union may be collectively referred to as the “Parties.”

WHEREAS, the Village Board discussed the possibility of offering Section 41(j) Application of Unused Sick Leave As Additional Service Credit of the New York State and Local Retirement System at no cost to the employees of the Village of Arcade at its meeting held on February 1, 2005, and

WHEREAS, this will be available at no cost to the employee as long as it is offered by the New York State and Local Retirement System, and

WHEREAS, at the meeting held on February 15, 2005 the Village Clerk advised the board that the cost to add Section 41(j) to the Village of Arcade’s retirement package would be $1,368.00 which said amount is valid until March 31, 2006, and

WHEREAS, Section 41(j) allows a participating employer to elect to provide additional service credit toward retirement for its employees who are entitled to accumulate sick leave and applies to all tiers of membership under the New York State and Local Retirement System Employees’ Retirement System, and

WHEREAS, the maximum number of accrued sick leave days allowed to be applied toward additional service credit under subdivision (j) is one hundred and sixty-five days (165) with the additional service credit applied on a workday basis of two-hundred and sixty days (260) is equal to one year, and

WHEREAS, members who receive a cash payment based on their accumulated sick leave at retirement are not eligible for the additional service credit and payments for unused sick leave cannot be considered in the calculation of a member’s final average salary.

NOW, THEREFORE, Be It Resolved, the Village and the Union hereby agree to include Section 41 (j) to the contract effective June 1, 2005.

DELINQUENT WATER AND SEWER BILLS TO TAXES

Clerk Offers informed the Board that delinquent water and sewer bills with interest in the amount of $830.69 were added to the 2005 Village Tax Levy.

BUDGET ADJUSTMENTS

Motion by Trustee Reisdorf, seconded by Trustee Burkett, and unanimously carried the following budget adjustment be approved as presented by the Clerk.

Available upon request

AUDIT BILLS

Motion by Mayor Doster, seconded by Trustee Ely, and unanimously carried 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.

TOMPKINS INSURANCE PRESENTATION

Grover Ellwood, representative from Tompkins Insurance, presented the Village Board with a liability insurance proposal for the Village of Arcade and Arcade Fire Department. Included in the presentation was a premium summary and coverage comparison. Coverage areas discussed included umbrella, general, police professional, public officials, volunteer emergency services, property, equipment, automobile, and bond liabilities.  In each coverage area occurrence limits, aggregates, and deductibles were discussed.  The Board will review the proposal information and plans to determine their path forward at the Special Meeting scheduled for Friday, May 27, 2005 at 7:00am.

ELECTRIC RATE FILING

Superintendent of Public Works Kilburn informed the Board that the rate request was filed and includes a 6.9% increase on all rates.

AWARD BID – CLEANING CONTRACT

Superintendent of Public Works Kilburn informed the Board of the cleaning contract bid results that were opened on May 11, 2005.  The sole bid was from Suburban Adult Services Inc. (SASI) in the amount of $1,231.97 per month. In addition to this base rate, the following services will be billed separately: carpet cleaning, floor cleaning strip and wax (4 coats), floor cleaning scrub and wax (2 coats twice a year). Based on the information presented, the Board directed Mr. Kilburn to contact the sole vendor for clarification. The sole vendor currently has the cleaning contract with the Village, however, their newly submitted bid proposal was significantly higher than the current rate. Also, in attempts to shift the contract period to run parallel with the Village fiscal cycle, a timeframe overlap exists and needs to be addressed.  The Board agreed to delay the award of the cleaning contract bid until said clarification was obtained.

HAZARD MITIGATION PLAN

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

RESOLUTION

WHEREAS, the Village of Arcade, with the assistance from the GFLRPC, has gathered information and prepared the Arcade Hazard Mitigation Plan; and

WHEREAS, the Arcade Hazard Mitigation Plan has been prepared in accordance with Disaster Mitigation Act of 2000; and

WHEREAS, the Village of Arcade is a local unit of government that has afforded the citizens an opportunity to comment and provide input in the Plan and the actions in the Plan; and

WHEREAS, the Board of Trustees has reviewed the Plan and affirms that the Plan will be updated n less than every five years;

NOW, THEREFORE, Be It Resolved, by the Board of Trustees that the Village of Arcade adopts the Arcade Hazard Mitigation Plan as this jurisdiction’s All Hazard Mitigation Plan, and resolves to execute the actions in the Plan.

ADOPTED this 17^th day of May, 2005 at the meeting of the Board of Trustees by the following vote:

   Mayor Michael Doster                  Aye
   Deputy Mayor Richard Kosmerl    Absent
   Trustee Paul Burkett                      Aye
   Trustee Hugh Ely                          Aye
  Trustee Daniel Reisdorf                  Aye

ARCADE-KNIGHT AGENCY INSURANCE PRESENTATION

Eric Slocum, representative from Arcade-Knight Agency, presented the Village Board with a liability insurance renewal proposal for the Village of Arcade and Arcade Fire Department for the period of June 1, 2005 to June 1, 2006.  Highlights of the renewal included: a history of St. Paul Travelers insurance companies, equipment breakdown coverage decreased deductible, 2004-2005 fiscal year claim activities, comparison with New York Municipal Insurance Reciprocal (NYMIR). Coverage areas discussed included general, public officials, law enforcement, auto, property, and inland marine.  Overall, the presented premium represents an approximate 9% decrease. Mr. Slocum thanked the Village for their past business and asks to be considered for continued coverage.  The Board will review the information and plans to determine their path forward at the Special Meeting scheduled for Friday, May 27, 2005 at 7:00am.

VILLAGE PARK TREES

Superintendent of Public Works Kilburn informed the Board that he received a price of $1,000 from Wolfer Tree to trim the nineteen pine trees at the Village Park. Landesign was also contacted, however stated they are unable to perform the work.  Mr. Kilburn requested that the Board evaluate the need to have said trees trimmed since they don't contribute to any road, electric line, or structure hazards.  This topic will be discussed at the Regular Meeting scheduled for June 7, 2005.

EXECUTIVE SESSION

Motion by Mayor Doster, seconded by Trustee Reisdorf, and unanimously carried the Board enter executive session at 9:00pm to discuss possible litigation of an existing Economic Development Loan.

Motion by Mayor Doster, seconded by Trustee Burkett, and unanimously carried permission be granted to exit executive session at 9:15pm.

ADJOURN

There being no further business to come before the Board the meeting duly adjourned at 9:25pm upon motion by Trustee Ely and seconded by Trustee Burkett.

       _______________________

       Village Clerk