October 4, 2005

The regular meeting of the Board of Trustees of the Village of Arcade, Wyoming County, New York was held on Tuesday, October 4, 2005 at 7:00pm there were:

PRESENT

Mayor Michael Doster, Deputy Mayor Richard Kosmerl, Trustee Paul Burkett, Trustee Hugh Ely, Police Chief John Laird, and Clerk/Treasurer Pam Beiersdorf

ABSENT

Superintendent of Public Works Larry Kilburn and Trustee Daniel Reisdorf

ALSO PRESENT

Margaret Morgan, Chuck Schwab, Kris Little, Josh Hulton, Eric Ring, Doug and Val Gray Judy Rix (Arcade Herald), and John Rix

NOTICE

Pursuant to Article 7 of the Public Officers Law, notice of this meeting was given to the media on the 21st day of September 2005 and the same posted on the 21st day of September 2005.

PLEDGE TO ALLEGIANCE

Mayor Doster opened the meeting with the Pledge to Allegiance.

APPROVE MINUTES

Motion by Trustee Burkett and seconded by Deputy Mayor Kosmerl, the minutes from the regular meeting held on September 20, 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 Aye
   Trustee Hugh Ely Aye
Trustee Daniel Reisdorf Absent

VILLAGE PARK CABIN RENOVATIONS GRANT UPDATE

Chuck Schwab, Xtreme Contracting, advised the Board that his original plan to rip out the existing wood floor and pour concrete was impractical, however he could rip out the carpeting, install a luon (an 1/8 inch foam leveling board), followed by a tongue and groove laminated wood floor product. The product has a 25 year wear and water warranty.

Maggie Morgan commented that she would like to have a few runners made from the existing carpet that would be placed inside the doors to eliminate the potential for slips.

Doug Gray added that it is very important to get the correct underlay/product for the job.

USE OF CRYSTAL INN AREA

The Board discussed plans to pave the Crystal Inn area, extend the barrier by the creek, plant grass and low maintenance shrubs, and install decorative lighting. Suggested uses of the area include skateboarding, outdoor gatherings, concerts, or parking spaces, if necessary. The exact use of the area was not determined as the intent of the discussion was to grant Superintendent of Public Works Kilburn permission to move forward with paving efforts.

GRAY FOX PUB PARKING LOT

Superintendent of Public Works Kilburn contacted Doug and Val Gray, owners of the Gray Fox Pub, to obtain their portion of the parking lot. Discussions continued between the interested parties, without resolution. Mayor Doster suggested this item be tabled until further discussions could take place and a decision can be brought before the Board.

NEW PATROL CAR

Police Chief Laird advised that Board that the new patrol car should arrive this week or early next week.

AMENDMENT B FOR THE 2006/2007 SNOW AND ICE EXTENSION SEASON

Clerk/Treasurer Beiersdorf advised the Board that the Village received approval from the State of New York Department of Transportation for the 2006/2007 snow and ice extension season and that payment adjustments have been initiated.

RESOLUTION – 2007/2008 SNOW AND ICE AGREEMENT

The following resolution was offered by Trustee Burkett and seconded by Deputy Mayor Kosmerl:

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, 2007; 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, 2008. The estimated expenditure as specified in Section 9 of the aforementioned Agreement shall be $3,628.29 per lane mile for 1.0 lane miles for the 2005/06 season and for the remainder of the term of the Agreement commencing July 1, 2005, unless changed by future update.

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 Absent

TENTATIVE STATE EQUALIZATION RATE

Clerk/Treasurer Beiersdorf reported that the tentative 2005 State equalization rate as prepared by the New York State Board of Real Property Services have been received. The equalization rate is 101.92 down from last years rate of 102.20.

ANNUAL AUDIT REPORT FROM BOLLAM, SHEEDY, TORANI & CO., LLP

Representatives from Bollam, Sheedy, Torani, & Co., LLP visited the Village August 22 – 25, 2005 to perform an audit in accordance with Section 4-408 of Village Law. Clerk/Treasurer Beiersdorf distributed copies of the final report letter for Board review. Deputy Mayor Kosmerl commended prior Clerk/Treasurer Joanne Offers and current Clerk/Treasurer Pam Beiersdorf for a good job, based on the results of the report. He also mentioned that the minor recommendations contained in the report should be pursued and in alignment with Clerk/Treasurer Beiersdorf's goals and objectives. Mayor Doster requested this item be placed on the Board of Trustee's bulletin board to address the findings and recommendations after further Board review.

ON-LINE COMMUNITY NETWORK

Clerk/Treasurer Beiersdorf was contacted by Jim Witter from Home Town Webs of Chaffee, NY regarding the Village's interest to participate in on-line election reporting and home town information center network. Clerk/Treasurer Beiersdorf will invite Mr. Witter to the 10/18/05 meeting.

NORTHRIDGE HOMES RIBBING CUTTING CEREMONY

Board members were invited to attend the ribbon cutting ceremony of Northridge Homes on North Street, Friday, October 28, 2005 at 10:00am.

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.

Available upon request

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.

ELECTRIC RATE INCREASE

The Village received approval from the State of New York Public Service Commission to implement an electric rate increase effective October 1, 2005. The overall increase is 4.1%, although it is not uniform by Rate Class. For residential customers, depending upon use, the increase is between 4.4% and 5.5%.

TEMPORARY HIRING POLICY

This issue was tabled until the next scheduled meeting to be held on Tuesday, October 18, 2005.

FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) ENVIRONMENETAL ASSESSMENT FOR BIXBY HILL FLOOD CONTROL

The Village received a copy of FEMAs Environmental Assessment and a set of plans evaluating the project's effects on water resources, floodplains, wetlands, endangered and threatened species, cultural resources, and other environmental factors. The purpose of the project is to reduce flood damages to residential, commercial, and municipal properties on Park, Mill, Church, Prospect, and West Main Streets. A copy of said assessment is available for review at the Village Office. Written comments are due to FEMAs Regional Environmental Officer no later than October 31, 2005.

LETTER FROM DANNY HEINEMAN & SONS, INC.

Superintendent of Public Works Kilburn received a letter from Danny Heineman, owner of car wash and self-storage facility on Route 16, Sardinia, N,Y to dump car wash water into the Wastewater Treatment Plant. After some discussion regarding benefits to the VOA and treatment expenses, the Board agreed to table this item until the next scheduled meeting to be held on Tuesday, October 18, 2005.

VILLAGE PARK HOCKEY RINK STATUS

Representative from the hockey team, Kris Little, Josh Hulton, and Eric Ring attended this meeting and expressed their interest to improve the quality and safety of the rink and recognize the Board's concerns with the existing conditions. It was noted that the Lions Club may have funds available to assist with some repairs/improvements and that grants should be sought for additional funding. The current league start date is unknown at this time and will remain undetermined until issues have been resolved. The hockey league will discuss their path forward at an upcoming meeting.

REVIEW STAFF OBJECTIVES/GOALS

Mayor Doster commented that the Board has received all objectives and goals from affected employees. Board members will review these objectives and goals before the next meeting and will determine a path forward at that time.

EXECUTIVE SESSION

Motion by Trustee Burkett, seconded by Trustee Ely, and unanimously carried the Board enter into executive session for potential legal action at 8:30pm.

Motion by Deputy Mayor Kosmerl, seconded by Mayor Doster, and unanimously carried the Board exit executive session at 8:39pm.

REPORTS RECEIVED

The following reports were received, reviewed, and placed on file:
Ambulance (September 2005)

ADJOURN

There being no further business to come before the Board the meeting duly adjourned at 8:40pm upon motion by Mayor Doster and seconded by Deputy Mayor Kosmerl.

Clerk/Treasurer