At a regular meeting of the Board of Trustees of the Village of Arcade, Wyoming County, New York held on Tuesday, September 19, 2000, at 7:00 P.M. there were:

PRESENT

Mayor Michael Doster, Deputy Mayor Dale Miller, Trustee Edward Barber, Trustee Ginger Comstock, Trustee Frank Wood

ABSENT

Superintendent Larry Kilburn

ALSO PRESENT

Police Chief John Laird, Leslie Baldwin – Arcade Herald, Inc.,Hugh Ely, Alton & Betty Pettit, Bev Miller, Ed Hines, Doug Gray, Bill Morrison, Allan ellis, Dawn Tretts, Ronda Pleace, Dawn Harrison, Janet Terwilliger, Brenda Souter, Edward Wolfe, Chad Williams, Gina Gradl, Myriah Rogers, Carol McCarwell, Art & Laurie Souter, Carl Usatch, Jenny Hoffman, Jill Morris, Brian Dominick, Mike Howlett

NOTICE

Pursuant to Article 7 of the Public Officers Law, notice of this meeting was given to the media on the 12th day of September, 2000 and the same posted on the 7th day of September, 2000.

APPROVE MINUTES

Motion by Trustee Barber, seconded by Trustee Comstock and unanimously carried the minutes from a regular board meeting held on September 5, 1999 be approved as presented.

BID OPENING – SALE OF SURPLUS EQUIPMENT

This meeting having been duly advertised for the receival of bids for the sale of surplus equipment the above mentioned people were in attendance. The following bids were received:

NAME AND ADDRESS   AMOUNT   AMOUNT

     POLICE CAR   WATER VAN

D & H Excavating       $6,001.00
Arcade, New York

Richard LaPorte
Orchard Park, New York   $1,623.00

Daryl Fish
Arcade, New York   $3,000.00 did not specify which vehicle

Steve Youngs
Arcade, New York   $2,100.00

Grace Quality Used Cars
Morrisville, Pa.     $1,359.00

Police Cars Unlimited Inc.
Woodside, New York   $1,872.00

Motion by Deputy Mayor Miller seconded by Trustee Barber and unanimously carried the bid for water van be awarded to D & H Excavating of Arcade, New York in the amount of $6,001.00 and that all bids on the police car be reject and rebid at a later date.

FLOOD UPDATE

Mayor Doster read a petition that was received by the Village of Arcade on September 18, 2000.  It read:

We, the undersigned CONCERNED RESIDENTS OF ARCADE, respectfully request:

1. That we be added to the beginning of the “business at-hand agenda” allotting us presentation and discussion time regarding the recent surface/run-off flooding in our Village and its resulting devastation.

2. That a Town and Village Board member(s) share publicly the summary of the area evaluation and findings and the associated action plan that resulted from environmental, Corp of Engineers or other departmental or committee studies conducted after the “run-off” flooding in June of 1998.

On Sept. 9, 2000, residents of the Village of Arcade, again suffered losses resulting from a period of very heavy rains that created run-off water and subsequent flooding, affecting primarily the Park/Mill Street neighborhoods.

We desire that this matter be prioritized and given the focus, time, man & financial resources necessary to develop and implement a resolution.

The petition was signed by 88 people.

The Mayor informed those present that Beverly Miller (who brought in the petition) was contacted and informed that given that we had just received on Monday it didn’t give the Village the time necessary to be prepared to address the issues in the petition. We requested that this item be put on the October 3rd agenda. By that time we, hopefully, will have more information.

Mayor Doster then gave a flood update that stated that the rainfall in the Arcade area has been 22.3 inches since June. This is 12 inches more than the same period last year. On September 9, 2000 2.5 inches of rain fell in 4 hours.  The ground in our area is totally saturated.

Projects resulting from the September 9th flood:

  • Ditching the west side of Cramer Drive to direct flow away from North Street and toward the creek.
  • Deacon Drive transmission line ditch will need enlargement and further banking.
  • North Street culvert west of Cramer Drive will need to be replaced with a 36” pipe.
  • Pioneer Credit area – ditch between Steele Avenue and Tops where concrete was poured to line the banks effectively closed off the ditch to water flowing from the south will be opened to allow run-off to enter the ditch instead of flooding Pioneer Credit.
  • Edwards Street/Dry Creek Area – two new 36” tubes for under the road and clean ditch to the railroad tracks.
  • Dry Creek and Blue Seal will pool their funds and build a diversion pond on their property to better control the flow.
  • Cheney Brook – Town of Freedom – 250-300 feet of bank erosion has exposed the water line.  New banking with rip rap will need to be installed.
  • Expense to the Village for the flood of September 9th will total $68,200. This includes labor and material used during the weekend as well as projected costs for the above repairs.
  • Water run-off from the North and East appeared to enter our creeks in a controlled fashion with few reports of property damage.
  • Park/Mill & Railroad Avenue are a completely different issue. Saturation of the Ground as a function of the above mentioned rainfall created more run-off than normal resulting in ditch overflow.  Water streamed down Park Street, Mill Street and Railroad Venue causing a great deal of property damage.
  • Possible remedial proposals:
    • 1. Retention ponds located at the end of Sullivan Avenue and West of upper Park Street should better control the flow to the ditches.
    • 2. New storm sewer from approximately the bottom of Park Street and Sullivan Avenue to Main Street down Church Street and to the creek.  This would collect waters from Park Street hill before it hits residential areas and carry said waters to the creek at Church Street.
  • During a tour after the flood a resident on the south side of Haskell Avenue indicated that the work that Taylor-Pohlman did on their flood remediation prior to building their facility appears to have done a great deal of good.
  • Engineers (same as Taylor Pohlman) will be on site early in October to develop a Park/Mill and Railroad Avenue flood mitigation plan.
  • A grant writer has been contacted and will, subsequent to board approval, write a grant for the project. The due date of the grant application is October 31, 2000.
  • Time frame to implement the repairs will be pending grant approval.
  • Questions from the Board and those in attendance were discussed regarding the cemetery ditch/creek and what impact it had on the flooding, increasing the size of the culvert, inadequate drainage on Jackson Avenue, cleaning out ditches, ditches on private property, responsibility of village for ditches, etc.

    • Asked what was the backup plan if the grant is not approved Mayor Doster felt that possibly money put aside for the removal of houses from the flood in June of 98 could be used. The board will do everything they can to rectify the situation to the best of their financial ability.  Those in attendance were invited back to the October 17th meeting as the Mayor felt that he would have more information to share with them at that time.

    RECOMMENDATIONS FROM PLANNING BOARD ON HOME BASED BUSINESSES

    Recommendations received from the Arcade Planning Board for an amendment to the Zoning Law adding wording for a home based business was given to the board members. Due to the length of the recommendation motion was made by Trustee Wood, seconded by Deputy Mayor Miller and unanimously carried this matter be tabled until the board has had time to review the recommendation received.

    QUOTE ON EMPLOYEE BOND INSURANCE

    Arcade-Knight Agency has quoted on increasing the Employee Bond Insurance for the Clerk-Treasurer from $50,000 to $200,000 and the Mayor and other pertinent employees from $30,000 to $50,000 at a cost not to exceed $250.00 per year.  Motion by Trustee Barber, seconded by Deputy Mayor Miller and unanimously carried this matter be tabled until the cost of the current insurance is established so a comparison can be made.

    PERMISSION TO USE PARK CABIN OVERNIGHT

    Motion by Mayor Doster, seconded by Trustee Wood and unanimously carried the Arcade Lions Midget cheerleaders be granted permission to use the Park Cabin for a sleepover on October 7, 2000.

    BUDGET ADJUSTMENTS

    Motion by Deputy Mayor Miller, seconded by Trustee Comstock and unanimously carried that the following budget adjustments be approved as requested by the Clerk-Treasurer:

    Available upon request

    AUDIT BILLS

    Motion by Mayor Doster, seconded by Deputy Mayor Miller 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.

    EMERGENCY CONTROL CENTER

    Mayor Doster informed the board that during the September 9th flood he became aware that with our current radio system there is no communication between the Fire Department, Police Department and the Department of Public Works. He called a meeting with SAIA Communications, the Fire Chief, Police Chief and Superintendent of Public Works to work on this situation.  Two new radios are being purchased and the Police Chief’s, Police Sgt.’s and the Fire Chief’s radios are being reprogrammed so that there will be direct communication between departments. The Superintendent and the Mayor (or appointed delegate) will also have a radio during emergencies.  The two new radios cost approximately $1,200.00. In the future cables will be run for a communication center at the Arcade Fire Hall which is set up as a command post at a cost of approximately $2,000.00.

    POLICE SEMINARS

    Motion by Trustee Wood, seconded by Mayor Doster and unanimously carried Matt Krist is granted permission to attend a 4 day Breathalyzer  School at the Erie County Police Training Center.

    Motion was made by Trustee Wood and seconded by Trustee Comstock that one Police Officer be granted permission to attend Cybercrime Training in Buffalo, New York on October 20th.  The motion was approved upon the following vote:

       Mayor Michael Doster           Aye
       Deputy Mayor Dale Miller     Aye
       Trustee Edward Barber      Nay
       Trustee Ginger Comstock  Aye
       Trustee Frank Wood Aye

    BAN RENEWAL – ELECTRIC IMPROVEMENTS

    Clerk Offers informed the board that a BAN Renewal in the amount of $2,500,000 has been awarded to Fleet Securities, Inc. at 5.00% with a premium of $9,975 for an NIC of 4.5998% which was the low bid.

    PERMISSION TO ATTEND MEETINGS

    Motion by Trustee Wood, seconded by Mayor Doster and unanimously carried permission be granted to the Mayor, Trustees and Clerk-Treasurer to attend a meeting of the Town Clerks Association on September 25, 2000 at 7:00 p.m. at the Byrncliff Resort and Conference Center in Varysburg. The speaker will be Mr. Robert Freeman, Executive Director of the Committee on Open Government.  He will share information on FOIL and the open meetings law.

    Motion by Mayor Doster, seconded by Trustee Barber and unanimously carried Jim McGarvey and Dave Carr be granted permission to attend a water workshop on October 25, 2000 at the Buffalo Marriott in Amherst, New York.

    REQUEST TO HANG BANNER

    Motion by Trustee Ginger, seconded by Mayor Doster and unanimously carried the Village of Arcade grant permission to the Wyoming County Community Action to hang a banner in the village concerning Domestic Violence Awareness Month with the provision that the banner fits the location.

    SNOW REMOVAL CONTRACT WITH STATE

    The following resolution was offered by Mayor Doster and seconded by Deputy Mayor Miller:

    RESOLUTION

    WHEREAS, the Village of Arcade entered into an Agreement No. D010645 entitled “Indexed Lump Sum Municipal Snow and Ice Agreement “ between the New York State Department of Transportation and the Village of Arcade dated October 25, 1996; and

    WHEREAS, the term of the said Agreement is for a period of three years commencing July 1, 1996 and the said Agreement provides that the parties may at the end of each year of the term of the Agreement extend such term for an additional year; and

    WHEREAS, the present term of the Agreement, as extended, expires June 30, 2001; and

    WHEREAS, Section 7 of the said Agreement provides that the Commissioner shall furnish the Village with a suitable map for each term of the Agreement, or for any extended term thereof, modified to show the changes, if any, to the State Highways affected by this Agreement; and

    WHEREAS, Section 9 of the said Agreement provided for an annual update of the estimated expenditure to be determined by the Commissioner subject to the provisions of Section 9 at the time for extension of the Agreement; and

    WHEREAS, Section 9 of the Agreement also provides for an adjustment to the actual payment amount based on the intensity and severity of the winter season,

    NOW, THEREFORE, Be It Resolved, that the Mayor be granted permission to enter into an Indexed Lump Sum Municipal Snow and Ice Agreement with the New York State Department of Transportation to extend the contract for a period of one year, now to expire on June 30, 2002. The estimated expenditure shall be $3,039.82 for the remainder of the term of the Agreement commencing July 1, 1999, unless changed by future update.

    The above resolution was adopted upon the following vote:

     Mayor Michael Doster              Aye
     Deputy Mayor Dale Miller        Aye
     Trustee Edward Barber         Aye
     Trustee Ginger Comstock     Aye
     Trustee Frank Wood                Aye

    ADJOURN

    There being no further business to come before the board the meeting duly adjourned at 8:48 p.m. upon motion by Trustee Wood and seconded by Mayor Doster.

           _______________________

           Clerk-Treasurer