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At a regular meeting of the Board of Trustees of the Village of Arcade, Wyoming County, New York held on Tuesday, September 7, 2004, at 7:00 P.M. there were:
PRESENT
Deputy Mayor Hugh Ely, Trustee Paul Burkett, Trustee Richard Kosmerl, Trustee Daniel Reisdorf, Superintendent of Public Works Larry Kilburn
ABSENT
Mayor Michael Doster
ALSO PRESENT
Chief John Laird, Deborah Titus – Arcade Herald, Carol McCarvelle, Bill Driscoll, Greg Schuyler, Matt and Kay Kilburn, Jeanne and James Burns, Jeff Mason, Bob Schooley, Donna Schiener, Kathleen Morris, Chris Holmes, Patrick Shanahan, David Miller, Jr., Mike and Janet Campana, Wyn Roll, George Hezel, Alan Bliss
NOTICE
Pursuant to Article 7 of the Public Officers Law, notice of this meeting was given to the media on the 23rd day of August, 2004 and the same posted on the 23rd day of August, 2004.
PLEDGE TO ALLEGIANCE
Deputy Mayor Ely opened the meeting with the Pledge to Allegiance.
APPROVE MINUTES
Motion by Trustee Burkett, seconded by Trustee Kosmerl and unanimously carried the minutes from a regular board meeting held on August 17, 2004 be approved as presented.
BID OPERNING – BELT FILTER PRESS
This meeting having been duly advertised for the receival of bids for a Belt Filter Press the above mentioned people were present. The following bids were received:
Name and Address Amount
Koester Associates $169,800.00 13 Weeks Delivery
Canastota, New York
Motion by Trustee Reisdorf, seconded by Trustee Burkett and unanimously carried the bids be turned over to Superintendent of Public Works Larry Kilburn for his review to see if there is anywhere the cost can be lowered to be closer to the budgeted amount. They requested he make his recommendation at the next meeting.
DRAINAGE ON PARK STREET
Carol McCarvelle from Park Street addressed the board regarding drainage problems on their property. She thanked the board for the work that is being done on Park Street that will defer water from three pipes currently discharging onto their property into the new storm sewers and for the repair to their lower. The ditch on the south side of the upper driveway has pipes coming into it as part of the Mayer – Schroeder subdivision and is overgrown and filled in to some extent causing them problems. The Village will look at the original sub-division plans to try to find where the pipes are coming from. The board members will also visit the site in the near future to see what the Village can do with the ditch and will get back to the McCarvelle’s regarding further action to be taken.
TEEN CENTER
A group of concerned parents, teachers, community members and students addressed the board regarding the need for a Community Center in Arcade. A letter was read from Mayor Doster in support of this project, as he was unable to attend tonight’s meeting. After discussion on connecting kids with responsible adults, the need for kids to have a place to go to talk with their peers, the 40 developmental assets kids need in their lives, the communities need to develop these assets, building relationships, the need of volunteers, handicapped accessibility, insurance, design for floor plan, cleaning, hours of operation, ages targeted and a location the following motion was made.
Motion was made by Trustee Burkett, seconded by Trustee Reisdorf and unanimously carried to allow the Youth Together Organization to use the upstairs of the old Fire Hall for a community center rent and utility free, all insurance requirements are the responsibility of the users, any and all expense for repairs required as a function of the use or damage created by the users be born by them or repaired by them, an alternate site be found for the AA group that meets in the building, receive an update in 60 days on the progress of handicapped accessibility and see a final draft of operating policies prior to opening.
PILOT AGREEMENT – NORTHRIDGE HOMES
After discussion regarding a PILOT Agreement with Northridge Homes and the willingness of Northridge Homes to increase the amount of the original PILOT Agreement from $10,000 to $10,500 to be shared between the Village, Town and County and School District a motion was made by Trustee Burkett, seconded by Trustee Kosmerl and unanimously carried Mayor Doster be empowered to sign the PILOT Agreement with Northridge Homes.
Mr. George Hezel from Northridge Homes was so impressed by the enthusiasm of the Youth Together Organization that he pledged $1,500 of the development fees to the Community Center.
PETITION AGAINST THE LEECE-NEVILLE INDUSTRIAL PLANT
A petition was received signed by 21 residents on Prospect Street and reads as follows:
The property owners of Prospect Street in the Village of Arcade would like to file a complaint against the Leece-Neville Industrial Plant, its managers, and its employees. This complaint is a result from excessive garbage littered along the entire street, excessive noise between the hours of 10:30 p.m. and 12:30 a.m., 2:00 a.m. and 3:00 a.m. and between the hours of 6:30 a.m. and 7:30 a.m. During the spring and summer months these hours have been filled with loud screaming and yelling, profane language from the rear parking lot, squealing of tires, revving of motors and speeding. During the time of 3:30 p.m. and 3:45 p.m. workers leaving the plant are inconsiderate of pedestrians and those trying to enter driveways, while most exiting are at a stand still due to the red light at the end of the street. Property owners request police patrol during these times and surveillance of the parking lots by plant managers. During the past year, several homes have been purchased on this street, many with small children. It would be unfortunate for anything to happen to our young ones on the street due to irresponsible employees. Deputy Mayor Ely and Chief Laird will work together on the problem.
TAX COLLECTION BY THE COUNTY
The following resolution was offered by Trustee Reisdorf and seconded by Trustee Burkett:
RESOLUTION
WHEREAS, Wyoming County adopted Local Law No. 12 of the year 1994 Providing for the Collection of Certain Delinquent Village Taxes by the County of Wyoming, and
WHEREAS, any village lying within the County of Wyoming may elect each year to have its delinquent Village taxes collected by the County of Wyoming in accordance with Section 1442 of the Real Property Tax Law of the State of New York, and
WHEREAS, any village must request by resolution to have the County of Wyoming collect back taxes, said resolution to be adopted no earlier than September 1, of each year and a certified copy filed with the County Treasurer and the Clerk of the Board of Supervisors by October 1 of the same year,
NOW, THEREFORE, Be It Resolved, that the Village of Arcade elects to have it delinquent Village taxes collected by the County of Wyoming and that such list of unpaid taxes and certificate of delinquencies will be prepared and delivered to the Real Property Tax Department by November 15th.
The aforesaid resolution was adopted upon the following vote:
Mayor Michael Doster Absent
Deputy Mayor Hugh Ely Aye
Trustee Paul Burkett Aye
Trustee Richard Kosmerl Aye
Trustee Daniel Reisdorf Aye
PROPOSED AMENDMENT TO SUBDIVISION REGULATIONS
In a letter from the Arcade Planning Board regarding the sidewalk issue for the Emerling project, they are of the opinion that it would be appropriate for the Village in acceptance of the dedicated street, to require the developer to construct the sidewalks and sees no impediment to the Village in making that a condition of acceptance. Although according to subdivision regulations the developer is not required to do so, this project is not subdivision, and therefore the statement in the regulations does not apply. Until the Village accepts the street, it is not too late to make sidewalks a requirement. Furthermore, the Planning Board recommends that the paragraph in the Village regulations that states sidewalks are not required should be modified so that the option is available to them to require sidewalks when deemed appropriate. Trustees Burkett made a motion, seconded by Trustee Reisdorf and unanimously carried the Clerk prepare a draft change to the Subdivision Regulations for the next meeting.
PROPOSED AMENDMENT WATER RULES AND REGULATIONS
Superintendent Kilburn and Trustee Burkett presented a draft amendment to the Water Rules and Regulations. Sections 11 was changed and new sections 12 and 13 that would allow the use of private wells within 500 feet of a water main for certain uses. These changes would include an application process and backflow prevention equipment. After discussion the changes will be rewritten and presented at the next meeting.
WORKER’S COMPENSATION
The following resolution was offered by Trustee Burkett and seconded by Deputy Mayor Ely:
RESOLUTOIN
WHEREAS, the Village of Arcade is a participating member of the Wyoming County Workers’ Compensation Plan, and
WHEREAS, Wyoming County contracts with Wright Risk Management, Inc. as the Third Party Administrator for their Worker’s Compensation Plan, and
WHEREAS, the Executive Committee of the Wyoming County Workers’ Plan has agreed to make a recommendation to the Board of Trustees to replace Wright Risk Management, Inc., the Plan’s current Third Party Administrator, with RMSCO, Inc. effective January 1, 2005, and
WHEREAS, this transaction represents a savings to the Plan in the amount of $141,468.00 over 3 years for administrative services, and
WHEREAS, the contract with Wright Risk Management, Inc. expires on December 31, 2004,
NOW, THEREFORE, Be It Resolved, that Mayor Michael Doster be empowered to approve the change from Wright Risk Management to RMSCO and to forward the Village of Arcade’s Ballot to Wyoming County Workers’ Compensation no later than September 24, 2004.
The aforesaid resolution was adopted upon the following vote:
Mayor Michael Doster Absent
Deputy Mayor Hugh Ely Aye
Trustee Paul Burkett Aye
Trustee Richard Kosmerl Nay
Trustee Daniel Reisdorf Aye
WYOMING COUNTY VILLAGE ASSOCIATION
The next meeting of the Wyoming County Village Association will be held at the Hole In The Wall Restaurant in Perry, New York on September 15, 2004.
UPDATE ZONING ENFORCEMENT OFFICER
It has been agreed upon by the Mayor and the Zoning Enforcement Officer that he will attend quarterly meetings of the Village Board.
BUDGET ADJUSTMENTS
Motion by Trustee Kosmerl, seconded by Trustee Burkett and unanimously carried that the following budget adjustments be approved as requested by the Clerk-Treasurer:
Available upon request
AUDIT BILLS
Motion by Deputy Mayor Ely, seconded by Trustee Reisdorf 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.
AUDIT REPORT FROM BOLLAM, SHEEDY, TORANI & CO.
Clerk Offers distributed copies of the report of the Village records in accordance with Section 4-408 of the Village Law done by Bollam, Sheedy, Torani & Co. for review.
RESOLUTION - 2006-2007 SNOW AND ICE AGREEMENT
The following resolution was offered by Trustee Kosmerl and seconded by Trustee Reisdorf:
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, 2006; 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, 2007. The estimated expenditure as specified in Section 9 of the aforementioned Agreement shall be $3,270.29 per lane mile for 1.0 lane miles for the 2004/05 season and for the remainder of the term of the Agreement commencing July 1, 2004, unless changed by future update.
The above resolution was adopted upon the following vote:
Mayor Michael Doster Absent
Deputy Mayor Hugh Ely Aye
Trustee Paul Burkett Aye
Trustee Daniel Reisdorf Aye
Trustee Richard Kosmerl Aye
RESOLUTION – AGREEMENT WITH CATTARAUGUS COUNTY S.P.C.A.
The following resolution was offered by Trustee Burkett and seconded by Deputy Mayor Ely:
RESOLUTION
WHEREAS, the Wyoming County S.P.C.A. is a small facility and does not have ample room for animals from Arcade in their shelter, and
WHEREAS, the Wyoming County Pound has worked with the Village is securing homes from abandoned animal, and
WHEREAS, the Cattaraugus County S.P.C.A. is a no kill facility and has a larger facility with a more established program for adoption, and
WHEREAS, the Cattaraugus County S.P.C.A. is willing to accept animals from Arcade at their facility,
NOW, THEREFORE, Be It Resolved that Mayor Michael Doster be empowered to enter into an Agreement with the Cattaraugus County S.P.C.A.
The above resolution was adopted upon the following vote:
Mayor Michael Doster Absent
Deputy Mayor Hugh Ely Aye
Trustee Paul Burkett Aye
Trustee Daniel Reisdorf Aye
Trustee Richard Kosmerl Aye
MEETINGS
Motion by Trustee Kosmerl, seconded by Deputy Mayor Ely and unanimously carried two people from the Water Department be granted permission to attend a Water School in Delevan, New York on September 23, 2004.
EXECUTIVE SESSION
Motion by Trustee Burkett, seconded by Trustee Reisdorf and unanimously carried the board enter into executive session to discuss a public safety issue and personnel issues with possible disciplinary actions.
Motion by Trustee Kosmerl, seconded by Trustee Burkett and unanimously carried the board exit executive session.
REPORTS RECEIVED
Village Justice and Acting Village Justice reports for the month of August were received, reviewed and placed on file.
Ambulance report for the month of August was received, reviewed and placed on file.
Fire reports for the months of July and August were received, reviewed and placed on file.
ADJOURN
There being no further business to come before the board the meeting duly adjourned at 9:55 p.m. upon motion by Trustee Kosmerl and seconded by Trustee Burkett.
_______________________
Clerk-Treasurer
