May 4, 2004

At a regular meeting of the Board of Trustees of the Village of Arcade, Wyoming County, New York held on Tuesday, May 4, 2004, at 7:00 P.M. there were:

PRESENT

Deputy Mayor Hugh Ely, Trustee, Trustee Paul Burkett, Trustee Rich Kosmerl, Trustee Dan Reisdorf, Superintendent of Public Works Larry Kilburn

ABSENT

Mayor Michael Doster

ALSO PRESENT

Police Chief John Laird, Michael Heftka, Jim Pierce, Sgt. Anthony Biscaro

NOTICE

Pursuant to Article 7 of the Public Officers Law, notice of this meeting was given to the media on the 26^th day of April, 2004 and the same posted on the 26^th day of April, 2004.

PLEDGE TO ALLEGIANCE

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

APPROVE MINUTES

Motion by Trustee Burkett, seconded by Trustee Reisdorf and unanimously carried the minutes from a regular board meeting held on April 20, 2004 be approved as presented.

PUBLIC HEARING – PROPOSED LOCAL LAW 1 – 2004 SEWERS AND SEWAGE DISPOSAL

Clerk Offers explained that this proposed local law would replace the law currently in place as suggested by the New York State Department of Environmental Conservation and that it is modeled after the suggested States’ Sewer Use Ordinance.

Clerk Offers also explained that the proposed law that was given to each board member at the last meeting has been amended as follows:

Section 49-18 amended to add items 3-8 from the existing law.

Section 49-23 amended to add wording from the existing law.

Section 49-40 amended to change permissible maximums (parts per million) from 300 to 400

Deputy Mayor Hugh Ely opened the public hearing on the proposed amendments to Chapter 49 of the laws of the village.

Superintendent Kilburn asked the board to look at Section 49-43 (A.1 and A.2) to amend the parts per million to 400 to be consistent throughout the law. Also in Section 49-56 Superintendent Kilburn felt that it was important to shorten the time frame from ten calendar days to three calendar days of the date the Village mails the notice of violation to receive an explanation of the violation and a plan for the satisfactory correction and prevention. Under Section 49-59 the board discussed the administrative fines and if there should be wording for second violations within a certain time period. It was determined that there should be a fine of $2,000 if a second violation occurred within eighteen (18) months. It was also determined that the user should have two (2) calendar days from the notification of fine to petition the Village to modify or suspend the order.

There being no further comments motion was made by Deputy Mayor Ely, seconded by Trustee Kosmerl and unanimously carried to close the public hearing at 7:15 p.m.

MICHAEL HEFTKA – DIRECTOR WYOMING COUNTY IDA

Michael Heftka, newly appointed Executive Director of the Wyoming County IDA addressed the board to share some ideas on where the IDA is going. The goal of the IDA is to create economic prosperity for the community. Commonly what the IDA’s are capable of doing, and what a lot of businesses take advantage of, is through tax abatements, sales tax abatements or mortgage tax relief. Their goal is to work with the developer to create a win win situation for the company and the community in which it is locating. PILOT agreements were discussed in length. Mr. Heftka stated that communication is one way the Village can help the IDA learn of issues early enough in the process so that they can find remedies to help both parties. The Village Board did inform Mr. Heftka that with the increased traffic on Route 39 through the Village and especially on the West end of town that they are looking into establishing access management in that area and they should be aware of that when attracting any new business to the West end.

The board thanked Mr. Heftka for his presentation.

JAMES PIERCE – WYOMING COUNTY CHAMBER OF COMMERCE – EMPIRE ZONES

James Pierce, Executive Director of the Wyoming County Chamber of Commerce addressed the board on Empire Zones at the Board’s request. Mr. Pierce stated that an Empire Zone is a marketing arm for an area and targets business attraction and business expansion projects fostering capital investment and job creation using New York State tax credits. The program creates an environment where it is possible to completely eliminate NY State income tax, property tax and the State portion of sales tax. The property tax abatement does not affect the local governments as they receive all tax dollars due them. Currently Wyoming County does not have any Empire Zones and has lost several businesses to neighboring counties that have Empire Zones in place. Currently the Chamber has 6 prospects that would come to the county if we had an Empire Zone.

Getting designation for an Empire Zone starts with legislation being proposed by the state. The proposed legislation usually announces that a certain number of Empire Zones will be designated during a legislative session (last year they designated six). Once this is approved, counties or municipalities are encouraged to apply for the designation. Mr. Pierce feels that it is critical to the economic health of Wyoming County that we get an Empire Zone designation.

ADOPT LOCAL LAW 1-2004 – SEWERS AND SEWAGE DISPOSAL

It was determined that the changes mentioned in the public hearing would be made to the proposed local law and the law adopted at the next board meeting.

RESIGNATION OF JAMIE HEBDON FROM ARCADE PLANNING BOARD

Motion by Trustee Burkett, seconded by Trustee Reisdorf and unanimously carried the board accept with regret the resignation of Jamie Hebdon from the Arcade Planning Board and as it’s chairman. A letter of thanks and appreciation is to be sent.

WALKABLE COMMUNITIES SCHOOL

Motion by Trustee Kosmerl, seconded by Trustee Reisdorf and unanimously carried permission be granted to Superintendent Larry Kilburn and Police Chief John Laird to attend a Walkable Communities School in Rochester, New York on June 17-18.

OWENS HILLS GOLF COURSE – ELECTRIC BILL

Mr. Owens came before the board seeking relieve on demand charges on his electric bill for the Owens Hills Golf Course. He presented handouts that he felt represented a reasonable solution and adjustment to his billing. He would like to see a resolution to this without going through a legal action. The Village has received correspondence from the Public Service Commission regarding a complaint filed by Mr. Owens. The Village has responded with all information the PSC requested and is awaiting their decision. Before the next board meeting Superintendent Kilburn will be in touch with the PSC to find the status of information sent to them. The board also directed the Clerk to not send shut-off notices until a ruling from the PSC is received.

REVIEW BULLETIN BOARD

The board reviewed items on the Bulletin Board.

BUDGET ADJUSTMENTS

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

Available upopn request

AUDIT BILLS

Motion by Trustee Kosmerl, seconded by Deputy Mayor 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.

AMENDMENT TO PROPOSED LOCAL LAW 2-2004

Clerk Offers delivered corrected copies of proposed local law 2-2004 – Zoning Map Northridge Homes as the original given out at the last board meeting had the incorrect parcels listed.

REPORTS RECEIVED

Village Justice and Acting Village Justice reports for the month of April were received, reviewed and placed on file.

Ambulance report for the month of April was received, reviewed and placed on file.

ADJOURN

There being no further business to come before the board the meeting duly adjourned at 9:20 p.m. upon motion by Trustee Kosmerl and seconded by Trustee Reisdorf.

_______________________

Village Clerk