May 2, 2006

The regular meeting of the Village of Arcade Board of Trustees, Wyoming County, New York was held on Tuesday, May 2, 2006 at 7:00pm there were:

PRESENT

Mayor Michael Doster, 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

William Erick, Eugene Schmitter, Dave Popiela, Gene and Margaret Gertis, Margaret Morgan, Stan Puffer, Donna Stewart, Anita Stewart, David Trent (Arcadia Development) Michelle Kemke (Arcadia Development), Judy Rix (Arcade Herald), Frank Wood, and Steve Evert (Incode)

ABSENT

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

Mayor Doster opened the meeting with the Pledge to Allegiance.

APPROVE MINUTES

Motion by Trustee Reisdorf and seconded by Deputy Mayor Kosmerl, the minutes from the regular meetings held on April 18, 2006 be approved as presented by the Clerk.

The motion was passed upon the following vote:

VOTE

Mayor Michael Doster

Yes

No

X

Abstain

Absent

Deputy Mayor Richard Kosmerl

X

Yes

No

Abstain

Absent

Trustee Paul Burkett

Yes

No

X

Abstain

Absent

Trustee Hugh Ely

X

Yes

No

Abstain

Absent

Trustee Daniel Reisdorf

X

Yes

No

Abstain

Absent

VOTE TOTAL:

3

Yes

0

No

2

Abstain

Absent

RESULTS

X

PASS

FAIL

VILLAGE PARK HOCKEY RINK

As stated in the April 4, 2006 meeting minutes, Dave Popiela expressed his interest to organize and lead future hockey leagues and recognized the need to improve the quality and safety of the rink. As promised, Dave contacted the Lion's Club and members of the Club attended this meeting. The Lion's Club was heavily involved with building the rink in the 1970's and remains interested in supporting its continued use. Lion's Club members have offered to contact a contractor for an estimate of necessary repairs. In addition, Superintendent of Public Works Kilburn will provide an estimate. Interested parties will reconvene at the next regularly scheduled meeting to establish a path forward.

Mayor Doster will inquire about the possibility to obtain through donation the hockey boards from the old Buffalo Memorial Auditorium.

In efforts to improve organization and make the rink available to all age groups, the Board may require future users to apply at the Village Office for use of the facility in alignment with current VOA policy.

ARCADIA DEVELOPMENT – UPDATE

Dave Trent and Michelle Lemke attended this meeting to provide the Board with an update on their development progress. They reported that a biologist had been on site, that no endangered species exist on the property, that they are addressing possible wet land issues, that the SEQRA process is underway, and that they are moving forward with their development plans. They remain optimistic to break ground in the Summer of 2006.

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); and

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

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

DRAKE SUBDIVISON APPROVAL

The Planning Board reviewed the application submitted by H. Lucille Drake, requesting the division of property on West Street. Although no building construction is to take place, this is technically considered to be a subdivision as the property is being divided into three parcels with two different owners. The Planning Board recommends approval to the Village Board.

Superintendent of Public Works Kilburn reported that the action is classified as a Type II action and that it has been determined not to have a significant adverse environmental impact and is otherwise precluded from an environmental review. Type II actions are not subject to SEQRA.

Secondly, the VOA attorney must review and approve the subdivision application and ensure all requirements are met.

Motion by Deputy Mayor Kosmerl and seconded by Mayor Doster to approve the subdivision as recommended, pending the receipt of the lawyers approval.

The motion was passed upon the following vote:

BLUE CROSS BLUE SHIELD 2006 BENEFIT CHANGES

The Board reviewed the letter received from Brian Lane, President CSEA-Village of Arcade/Unit #9252, regarding BlueCross BlueShield (BCBS) 2006 benefit changes. Clerk/Treasurer Beiersdorf contacted BCBS to negotiate the changes and explained that the changes represented a significant change to a negotiated benefit to VOA employees. Clerk/Treasurer Beiersdorf asked BCBS to keep the current coverage intact through the duration of the collective bargaining agreement. Unfortunately, BCBS responded with a letter stating they modified the benefits for all employer groups with less than 50 eligible employees. Brain plans to consult with his CSEA Labor Relations Specialist to further pursue this issue.

DETERMINE WATER RATES, SET DATE FOR PUBLIC HEARING

Motion by Mayor Doster and seconded by Trustee Reisdorf a Public Hearing be set for Tuesday, May 16, 2006 at 7:00pm for the purpose of reviewing the proposed general water rate increase, planned addition of late payment penalties affixed to water bills, and intended changes for Arcade Valley Estate consumers from Village of Arcade water rates to Town of Arcade water rates. The proposed increase will raise all base rates by 11.1 percent and use rates by 14.9 percent.

In addition, Trustee Reisdorf requested that Clerk/Treasurer Beiersdorf provide the Board with an unpaid report to determine the amount of outstanding payments.

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

X

No

Abstain

Absent

Trustee Daniel Reisdorf

X

Yes

No

Abstain

Absent

VOTE TOTAL:

4

Yes

1

No

0

Abstain

0

Absent

RESULTS

X

PASS

FAIL

PERMISSION TO ADVERTISE ELECTRIC DEPARTMENT LINEMAN B POSITION

Motion by Deputy Mayor Kosmerl, seconded by Trustee Burkett, Superintendent of Public Works Kilburn be granted permission to post a Lineman B position 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:

PERMISSION TO ADVERTISE ELECTRIC DEPARTMENT SUMMER HELPER

Motion by Trustee Burkett, seconded by Trustee Ely, Superintendent of Public Works Kilburn be granted permission to advertise for an electric department summer helper for the months of June, July, August, and September at an hourly rate of $8.00 per hour, no benefits included.

The motion was passed upon the following vote:

VOTE

Mayor Michael Doster

Yes

X

No

Abstain

Absent

Deputy Mayor Richard Kosmerl

Yes

X

No

Abstain

Absent

Trustee Paul Burkett

X

Yes

No

Abstain

Absent

Trustee Hugh Ely

X

Yes

No

Abstain

Absent

Trustee Daniel Reisdorf

Yes

X

No

Abstain

Absent

VOTE TOTAL:

2

Yes

3

No

0

Abstain

0

Absent

RESULTS

PASS

X

FAIL

PERMISSION TO POST STREETS AND PARKS DEPARTMENT FOREMAN

Motion by Mayor Doster, seconded by Deputy Mayor Kosmerl, Superintendent of Public Works Kilburn be granted permission to post a Foreman position internally for a period of five (5) working days per Union contract.

The motion was passed upon the following vote:

PERMISSION TO ADVERTISE STREETS AND PARKS DEPARTMENT LABORER

Motion by Trustee Ely, seconded by Mayor Doster, Superintendent of Public Works Kilburn be granted permission to post a Laborer position 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:

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 STUDY WORK AGREEMENT, INTERCONNECTION FEASIBILITY STUDY AGREEMENTS WITH NOBLE ENVIRONMENTAL POWER, LLC – ALLEGANY AND WETHERSFIELD WIND FIELD PROJECTS

Motion by Deputy Mayor Kosmerl and seconded by Mayor Doster permission be granted for Mayor Doster to sign the Study Work Agreement pursuant to the Technical Services Agreement for Interconnection Study Work by and between the Village of Arcade and the New York Independent System Operator, Inc. (NYISO) for the Allegany and Wethersfield Wind Field Projects. The VOA will be reimbursed for services consistent with Article 4 of the Technical Services Agreement.

The motion was passed upon the following vote:

PERMISSION TO SIGN MUNICIPAL COOPERATION AGREEMENT

At the April 18th meeting, Deputy Mayor Kosmerl asked for clarification about the Village's right to terminate the agreement between the NYS Unified Court System and Key Bank (Key Merchant Services) of New York and discontinue the system established by the agreement. No information was available for this meeting. Permission to sign the above agreement will take place at a future meeting, once clarification has been obtained.

PERMISSION TO SIGN LICENSE AGREEMENT

Motion by Trustee Burkett and seconded by Trustee Ely, Mayor Doster be granted permission to sign the license agreement between the VOA and Mark Saladyga, owner of Marco's Pizza and Subs. The agreement states that the VOA licenses to Mark Saladyga a parcel of land measuring 15' x 8' for the purpose of storing a dumpster and constructing a fenced in enclosure and that Mark Saladyga shall pay the VOA for the rental of said premises the sum of $1.00 per year. The date on the typed agreement (May 1, 2006) shall be crossed out and initialed to reflect the actual signing date of May 2, 2006.

The motion was passed upon the following vote:

VOTE

Mayor Michael Doster

X

Yes

No

Abstain

Absent