September 20, 2005

The regular meeting of the Board of Trustees of the Village of Arcade, Wyoming County, New York was held on Tuesday, September 20, 2005 at 7:00pm there were:

PRESENT

Mayor Michael Doster, Deputy Mayor Richard Kosmerl, Trustee Paul Burkett, Trustee Hugh Ely, Trustee Daniel Reisdorf, Superintendent of Public Works Larry Kilburn, and Police Chief John Laird

ABSENT

Clerk-Treasurer Pam Beiersdorf

ALSO PRESENT

Mary Ann Hagner, Cheryl Parker, Karen Norton, Margaret Morgan, Dylan Harrison, Michael Draper, Tarah Rehar, Neil Williams, Tom Beiersdorf, Ken Kirisits, and BJ Moore

NOTICE

Pursuant to Article 7 of the Public Officers Law, notice of this meeting was given to the media on the 24th day of August 2005 and the same posted on the 24th day of August 2005.

PLEDGE TO ALLEGIANCE

Mayor Doster opened the meeting with the Pledge to Allegiance.

APPROVE MINUTES

Motion by Trustee Burkett and seconded by Trustee Reisdorf, the minutes from the regular meeting held on September 6, 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 Aye

VILLAGE PARK CABIN RENOVATIONS GRANT UPDATE

Village residents, Margaret Morgan and Karen Norton presented sample materials to be used on the walls and floors for the remodeling of the Park Cabin. Price quotes are being obtained from Neil Howell. Volunteers have been recruited to assist with the renovations. The Board will be kept apprised of any new developments.

BEAUTIFICATION COMMITTEE VOLUNTEERS

Margaret Morgan informed the Board that she has individuals who are willing to volunteer with watering plants next spring. She requested the Board consider a type of vehicle to transport the water, such as a golf cart. The Board requested Superintendent of Public Works Kilburn address this in the 2006-2007 budget.

PUBLIC HEARING – LOCAL LAW 3-2005, CHAPTER 37, "PARKS"

Mary Ann Hagner read the legal notice presented to the Arcade Herald that outlines the amendment to Chapter 37 entitled "Parks" of the Laws of the Village of Arcade (VOA).

Mayor Doster opened the public hearing for comments and concerns.

Karen Norton expressed concerns over noise levels. After discussion, the Board decided to include a statement on the Application and Agreement for Use of Village Facilities advising organizations/individuals that they must adhere to all Village noise local laws, while utilizing Village facilities. Copies of the local law are available at the Village Office

There being no further comments or concerns the public hearing regarding parks was closed upon motion by Mayor Doster and seconded 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 3-2005, CHAPTER 37, "PARKS"

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

RESOLUTION

WHEREAS, a proposed Local Law to amend Chapter 37 of the Laws of the Village of Arcade entitled Parks was reviewed by the Board members on the 6th day of September, 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 6th day of September, 2005, and at such meeting a Resolution was adopted to schedule a public hearing on said proposed Local Law on the 20th day of September, 2005, and

WHEREAS, the final form of Proposed Local Law 3-2005 was e-mailed to each board member on the 8th day of September, 2005, and

WHEREAS, the Notice of said public hearing was published in the Arcade Herald on the 15th day of September, 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 20th day of September, 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. 3-2005, 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. 3-2005 of the Village of Arcade as presented at the public hearing be and the same be enacted to read as follows:

CHAPTER 37
PARKS

Section 37- 1. Hours and General Use.
Section 37- 2. Facility Reservations.
Section 37- 3. Hardball Diamond.
Section 37- 4. Permission Required for Group Meeting.
Section 37- 5. Littering, Posting of Signs Prohibited.
Section 37- 6. Vehicle Parking Restricted.
Section 37- 7. Alcoholic Beverages Prohibited.
Section 37- 8. Traffic Restricted.
Section 37- 9. Destruction Prohibited.
Section 37-10. Air Guns and Explosives Forbidden.
Section 37-11. Disorderly Conduct Prohibited.
Section 37-12. Obeying of Officers.
Section 37-13. Certain Glass Containers Prohibited.
Section 37-14. Violation and Penalty

Full text available upon request

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

FIRE CONTRACTS – TOWN OF ARCADE AND TOWN OF FREEDOM

Motion by Trustee Burkett, seconded by Trustee Reisdorf, and unanimously carried the fire contracts for the 2006 calendar year be set as follows:

Town of Arcade $71,150
Town of Freedom $46,900

PERMISSION TO ATTEND ARCADE AREA CHAMBER OF COMMERCE'S FALL SOCIAL

Motion by Mayor Doster, seconded by Trustee Burkett, and unanimously carried permission be granted to the Mayor, Trustees, Superintendent of Public Works, Police Chief, and Clerk/Treasurer to attend the Arcade Area Chamber of Commerce's fall social on Wednesday, September 28, 2005 from 5:00pm to 7:00pm at Waste Management, Route 16, Chaffee, NY.

BUDGET ADJUSTMENTS

Motion by Mayor Doster, seconded by Trustee Reisdorf, 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.

VOA EMPLOYEE RETIREMENT INCENTIVE

The Board reviewed the draft employee retirement incentive policy, addressed areas of concern, and requested that Superintendent of Public Works Kilburn revise the policy accordingly. Superintendent of Public Works Kilburn was directed to forward the revised draft to the Board and review it with the Union prior to the next meeting scheduled for October 4, 2005.

DISPOSAL OF 1991 CHEVY PICKUP - #23

Motion by Trustee Reisdorf, seconded by Deputy Mayor Kosmerl, and unanimously carried permission be granted for Superintendent of Public Works Kilburn to dispose of 1991 Chevy pickup, truck #23. The vehicle was donated to the Arcade Fire Department for extrication training purposes.

PERMISSION TO ATTEND NYS ASSOCIATION OF MUNICIPAL PURCHASING OFFICIALS (SAMPO) FALL TRAINING SEMINAR

Motion by Trustee Burkett, seconded by Mayor Doster, and unanimously carried permission be granted to Superintendent of Public Works Kilburn to attend the annual western conference for NYS purchasing officials at the Holiday Inn Select in Niagara Falls, NY on October 27th and October 28th. The goal of the program is to educate all types of public officials responsible for spending public funds. Topics include General Municipal law, prevailing wage, specification writing and awarding bids, legal aspects of public procurement, and paperless procurement system.

NORTH STREET PROPERTY – GLENN COOPER

The Board discussed the engineer’s report from St. Paul’s Travelers, relevant to Mr. Glenn Cooper’s complaint. As a result, the Board requested Superintendent of Public Works Kilburn ensure routine maintenance is done on the drainage ditch to keep it clear of debris and flowing freely. In addition, he was directed to contact the insurance company for any pending actions.

TRI-COUNTY INDUSTRIAL PARK

Superintendent of Public Works Kilburn reviewed the proposal requesting the VOAs participation in the cost of the Feasibility Study for the proposed Tri County Business Park. After discussion, the Board determined that the study is the responsibility of the developer and opted not to participate.

PERMISSION TO PROMOTE SEWAGE TREATMENT PLANT TRAINEE

Motion by Deputy Mayor Kosmerl and seconded by Mayor Doster permission be granted to promote William (BJ) Moore from Sewage Treatment Plant Trainee to Acting Foreman at the current rate set by the Union Contract, effective with the payroll period beginning 09/26/05. The promotion comes after BJ successfully completed and passed the Grade 2A Wastewater Treatment Plant Operator certification exam.

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

PERMISSION TO USE VILLAGE PARK FOR KATRINA BENEFIT

Police Chief Laird requested permission for the YTO to use the Village Park facilities for a Katrina Benefit with youth bands on Friday 10/21/05 from 4:00pm to 10:00pm. The Board expressed concern that the amplified music would violate Local Law, Chapter 29, entitled Noise. The Board advised Police Chief Laird to find an alternate location such as Pioneer Central School.

PERFORMANCE OBJECTIVES/GOALS – CLERK OF THE COURT

At the September 6th meeting, the Board requested that the Superintendent of Public Works, Police Chief, and Clerk/Treasurer develop objectives and/or goals for the upcoming months. They are due to Board members by the end of September. It was later brought to the attention of the Board that this list of employees should have included the Clerk of the Court.

Based on the fact that the Clerk of the Court position is non-union, the Board determined that it will fall under the direction of the Police Chief and Judges, as it relates to performance.

FIRE DEPARTMENT CONCERNS WITH ELECTRIC OUTAGES

Fire Chief Ken Kirisits notified the Board that during the September 18th scheduled power outage First Aid calls were not received by squad responders as the Arcade tower was down. He requested the County Emergency Services (911) be notified of future scheduled outages. Both, Superintendent of Public Works Kilburn and Fire Chief Kirisits spoke with Jim Reger, Wyoming County EMS Coordinator. Mr. Reger advised them the backup generator for the tower had failed as the double throw switch had burned out.

Mayor Doster requested that Superintendent of Public Works Kilburn notify Wyoming, Erie and Cattaraugus County Emergency Services of all future scheduled power outages. In addition, Police Chief Laird will also notify Wyoming County Emergency Services of all future scheduled power outages.

Fire Chief Kirisits is working with Wyoming County to ensure proper procedures are in place.

Additionally, Fire Chief Kirisits addressed the fact that the Fire Department’s generator is very old and not reliable. After discussion, the Board directed Superintendent of Public Works Kilburn to obtain specifications for a generator purchased through the IEEP program, giving this matter a high priority. Other considerations include relocating the fire siren from the old fire hall on Liberty Street to the new fire hall on North Street, and an upgraded uninterrupted power supply for Pioneer Phone Answering.

ADJOURN

There being no further business to come before the Board the meeting duly adjourned at 9:30pm upon motion by Mayor Doster and seconded by Trustee Reisdorf.

Clerk/Treasurer