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The regular meeting of the Board of Trustees of the Village of Arcade, Wyoming County, New York was held on Tuesday, August 16, 2005 at 7:00pm there were:
PRESENT
Mayor Michael Doster, Deputy Mayor Richard Kosmerl, Trustee Paul Burkett, Trustee Hugh Ely, and Trustee Daniel Reisdorf, Superintendent of Public Works Larry Kilburn, Clerk-Treasurer Joanne Offers
ALSO PRESENT
Police Chief John Laird, Deputy Village Clerk Temporary Pam Beiersdorf, Judy Kessler-Rix (Arcade Herald), Doug Lavery, Mark Perks, Kim Manhardt
NOTICE
Pursuant to Article 7 of the Public Officers Law, notice of this meeting was given to the media on the 19th day of July 2005 and the same posted on the 19th day of July 2005.
PLEDGE TO ALLEGIANCE
Mayor Doster opened the meeting with the Pledge to Allegiance.
APPROVE MINUTES
Motion by Deputy Mayor Kosmerl and seconded by Mayor Doster, the minutes from the regular meeting held on August 2, 2005 be approved as presented by the Clerk.
The motion was approved upon the following vote:
Mayor Michael Doster Aye
Deputy Mayor Richard Kosmerl Aye
Trustee Paul Burkett Abstain
Trustee Hugh Ely Aye
Trustee Daniel Reisdorf Abstain
PUBLIC HEARING – LOCAL LAW 2-2005, CHAPTER 7, "CARNIVALS AND TRANSIENT AMUSEMENT SHOWS"
Deputy Village Clerk Temporary Beiersdorf read the legal notice presented to the Arcade Herald that outlines the amendment to Chapter 7 entitled Carnivals and Transient Amusement Shows of the Laws of the Village of Arcade.
Mayor Doster opened the public hearing for comments and concerns.
No comments or concerns.
There being no further comments or concerns the public hearing regarding carnivals and transient amusement shows was closed upon motion by Mayor Doster and seconded by Trustee Burkett. The motion was approved upon the following vote:
Mayor Michael Doster Aye
Deputy Mayor Richard Kosmerl Aye
Trustee Paul Burkett Aye
Trustee Hugh Ely Aye
Trustee Daniel Reisdorf Aye
ADOPT LOCAL LAW 2-2005, CHAPTER 7, "CARNIVALS AND TRANSIENT AMUSEMENT SHOWS"
The following resolution was offered by Mayor Doster and seconded by Trustee Ely:
RESOLUTION
WHEREAS, a proposed Local Law to amend Chapter 7 of the Laws of the Village of Arcade entitled Carnivals and Transient Amusement Shows was reviewed by the Board members on the 2nd day of August, 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 2nd day of August, 2005, and at such meeting a Resolution was adopted to schedule a public hearing on said proposed Local Law on the 16th day of August, 2005, and
WHEREAS, the final form of Proposed Local Law 2-2005 was e-mailed to each board member on the 4th day of August, 2005, and
WHEREAS, the Notice of said public hearing was published in the Arcade Herald on the 11th day of August, 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 16th day of August, 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. 2-2005, 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. 2-2005 of the Village of Arcade as presented at the public hearing be and the same be enacted to read as follows:
CHAPTER 7
CARNIVALS AND TRANSIENT AMUSEMENT SHOWS
Section 7-1. Permit required; application.
Section 7-2. Violations and penalty.
Section 7-3. Revocation.
Section 7-4. Fee.
SECTION 7-1. PERMIT REQUIRED; APPLICATION
It shall be unlawful for any circus, carnival, or similar Transient Amusement show, group, or exhibition to set up or operate within the Village boundaries without first obtaining a written permit. Application(s) for operating such show shall be obtained and submitted to the Village Clerk at least ten (10) days prior to the date of operations for review and determination if the show would be detrimental to the general public or the health and welfare of the community. In any case a permit is issued, the same shall be posted in view on the premises where the show is held. This section does not apply to any exhibition or performance under the auspices, or for the benefit, of any local religious society, fire department, veterans’ post or club, scout group, or benevolent society. If said show is to use Village owned property (e.g., park or fire department grounds) follow guidelines provided in Local Law Chapter 37, "Parks."
SECTION 7-2. VIOLATIONS AND PENALTY
Any person, firm, corporation, their agents or servants, or association of such business establishment or amusement business, place or space convicted of violating any sections hereof shall be fined not more than $250.00.
SECTION 7-3. REVOCATION
Such permit may be revoked thereafter by the Chief of Police or the Fire Chief, if after inspection, the premises are found to be dangerous or disorderly in his/her judgment.
SECTION 7-4. FEE
The fee for issuing such a permit shall be in accordance with the fee schedule on file with the Village Clerk.
Local Law 2-1968
Adopted: February 22, 1969
Published: February 27, 1969
Posted: February 28, 1969
Effective: March 10, 1969
Amended
Local Law No. 4-1997
Adopted: November 18, 1997
Filed: November 21, 1997
Amended
Local Law 2-2005
Adopted: August 16, 2005
Filed:
The above resolution was adopted upon the following vote:
Mayor Michael Doster Aye
Deputy Mayor Richard Kosmerl Aye
Trustee Paul Burkett Aye
Trustee Hugh Ely Aye
Trustee Daniel Reisdorf Aye
SIDEWALKS – PARK STREET
Village residents from Park Street expressed their concerns in regards to the poor quality of sidewalk construction in front of their residences. They indicated that the sidewalks had already begun to crack, were rough, and had drainage issues. They also stressed some potential safety hazards with the unevenness and one-inch step ups, ditches along the sides of the sidewalks that needed to be filled with topsoil, and construction debris that remained on their properties. Superintendent of Public Works Kilburn ensured the residents that the debris will be picked up and the ditches will be filled with topsoil this week. He will also examine the cracks in the driveway to determine if they will hold up during the winter months and determine a path forward. After some discussion, the Board decided that these residents would not be charged for this section of sidewalk installation, but stressed that remaining sections constructed by a contractor will be charged to the resident(s).
FIRE DEPARTMENT NEW MEMBERS APPROVED
Motion by Trustee Reisdorf, seconded by Mayor Doster, and unanimously carried the following new fire department members be approved as presented by the Clerk.
Jeremy Perry
Scott Gleed
Andrew Gniazdowski
BUDGET ADJUSTMENTS
Motion by Deputy Mayor Kosmerl, seconded by Mayor Doster, and unanimously carried the following budget adjustments be approved as presented by the Clerk.
AUDIT BILLS
Motion by Mayor Doster, seconded by Trustee Burkett, 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.
RESOLUTION - AUTHORITY TO SIGN LEGAL DOCUMENTS
The following resolution was offered by Deputy Mayor Kosmerl and seconded by Trustee Burkett:
RESOLUTION
That, Michael Doster, as Mayor of the Village of Arcade, is hereby authorized to sign legal documents on behalf of our municipality during the grant application process for the stabilization of the Village of Arcade's Municipal Parking Lot, due to the erosion of Clear Creek and Cattaraugus Creek.
On roll call the above resolution was adopted upon the following vote:
Mayor Michael Doster Aye
Deputy Mayor Richard Kosmerl Aye
Trustee Paul Burkett Aye
Trustee Hugh Ely Aye
Trustee Daniel Reisdorf Aye
PERMISSION TO ORDER PICK-UP TRUCK FROM STATE CONTRACT – HIGHWAY DEPARTMENT
Motion by Trustee Burkett, seconded by Mayor Doster, and unanimously carried Superintendent of Public Works Kilburn be granted permission to place an order for a 2006 Chevy 1500, 4 x 2, pick-up truck from State contract at a price of $11,717.00 for the Highway Department subsequent to confirmation that $11,717.00 is the valid cost of said truck through State contract. In addition, all remaining money in the equipment fund be placed into a capital reserve fund for future purchases.
VILLAGE EMPLOYEES COMPLIMENTED
Mayor Doster, on behalf of the Board, extended his appreciation to the Highway department and others that assisted for their swift clean-up actions following the recent storm. Congratulations!
VILLAGE CLERK-TREASURER RETIRES AFTER 27 YEARS WITH THE VILLAGE
Mayor Doster expressed sincere appreciation to Joanne Offers for her 27 years of service with the Village of Arcade, most recently as Clerk-Treasurer. The Mayor thanked Joanne for her hard-work, dedication, and camaraderie Congratulations, Joanne! Thank you very much and enjoy your retirement!
EXECUTIVE SESSION
Motion by Trustee Burkett, seconded by Mayor Doster, and unanimously carried the Board enter into executive session for possible disciplinary action at 7:50pm.
Motion by Mayor Doster, seconded by Trustee Burkett, and unanimously carried the Board exit executive session at 8:06pm.
REPORTS RECEIVED
- The following reports were received, reviewed, and placed on file:
- Justice (July 2005)
ADJOURN
There being no further business to come before the Board the meeting duly adjourned at 8:09pm upon motion by Deputy Mayor Kosmerl and seconded by Trustee Burkett.
_______________________
Deputy Village Clerk Temporary