Village of Bergen,
New York
11 Buffalo Street
P.O. Box 100
Bergen, NY 14416
Ph: (585)494-1513 ---- Fax: (585)494-1730
Proudly located in Northeastern
Genesee County

VILLAGE BOARD of TRUSTEES
Regular Meeting Minutes
January 14, 2004



The Regular Meeting of the Board of Trustees was called to Order by Deputy Mayor Wayne Bailey
at 7:00 p.m. with the following present:
Trustee Anna Marie Barclay
Trustee Robert Bausch
Trustee Virginia Adams

Also present were Administrator/Clerk-Treasurer Tracy Jong, DPW Supervisor Marty Krause, Dale Leiter, Mr. & Mrs. Smith, Paul Marchesi and Steve Lockwood.


BUDGET TRANSFERS AND APPROVAL OF BILLS:

A motion was made by Trustee Virginia Adams and seconded by Trustee Anna Marie Barclay to approve the budget transfers listed below. The motion carried as follows:

Trustee Robert Bausch-aye
Trustee Anna Marie Barclay-aye
Trustee Wayne Bailey-aye
Trustee Virginia Adams - aye


Budget Transfers:
General Fund
$128.00 from 7110400A (Parks) to 7310.400A (Youth Programs) due to unbudgeted increase in amount given Gillam-Grant
$105.98 from 7550.100A (labor celebrations) to 7550.400A (contractual celebrations) due to extra Christmas light purchases and unbudgeted hams to Planning & Zoning Board member
$71.88 from 8510.400A (community beautification) to 8510.100A (labor for same) for Christmas decorating by DPW

SEWER
$399.21 from 8120.200G sanitary sewer equipment to 8120.100G - cover overages in Bruce's labor.

ELECTRIC
$1,500.00 from 781.104E Mayor & Trustee Contractual to 781.204E - cover accounting work done for Board
$92.58 from 784.404E regulatory commission to 781.204E treasurer contractual
$104.09 from 781.504E general office contractual to 781.502E general office equipment
$3,346.63 from 785.204E misc. expense to 781.304E legal due to rate case
$742.00 from 785.204E misc. expense to 781.204E treasurer contractual to cover additional electric accounting work
$296.00 from 787.004 repairs to general property to 781.204E

A motion to approve the bills as presented was made by Trustee Anna Marie Barclay and seconded by Trustee Virginia Adams. The motion carried by the following vote:

Trustee Robert Bausch-aye
Trustee Anna Marie Barclay-aye
Trustee Wayne Bailey-aye
Trustee Virginia Adams - aye

APPROVAL OF MINUTES:
A motion to approve the minutes of the Regular Meeting of December 10, 2003 was made by Trustee Anna Marie Barclay and seconded by Trustee Robert Bausch. The motion carried by the following vote:

Trustee Robert Bausch-aye
Trustee Anna Marie Barclay- aye
Trustee Wayne Bailey-aye
Trustee Virginia Adams-aye

A motion to approve the minutes of the Worksession of January 4, 2004 was made by Trustee Robert Bausch and seconded by Trustee Virginia Adams. The motion carried by the following vote:

Trustee Robert Bausch-aye
Trustee Anna Marie Barclay- abstain
Trustee Wayne Bailey-aye
Trustee Virginia Adams-aye

PRIVILEGE OF THE FLOOR

Steve Lockwood of GCEDC addressed the Board about changes to the boundaries of the Empire Zone within Bergen and Genesee County. He requested a concurring resolution from the Village.
Paul Marchesi addressed the Board with a proposal for web hosting and webpage support services.

ADMINISTRATOR/CLERK TREASURER'S REPORT:
A motion to approve the written and oral Administrator's report was made by Trustee Anna Marie Barclay and seconded by Trustee Robert Bausch. The motion carried by the following vote:

Trustee Robert Bausch-aye
Trustee Anna Marie Barclay-aye
Trustee Wayne Bailey-aye
Trustee Virginia Adams - aye

The Administrator was directed as follows:
1. Invite Nancy Bailey to Board meeting to present her plan for Summer Concerts in Hickory Park.
2. Contact the Fire Department to advise Trustee Adams would represent the Village at Fireman's Banquet.
3. Write letters soliciting assistance of legislators in negotiations with Niagara Mohawk for termination of Rate Schedule 204.

HISTORIAN'S REPORT:
A motion to approve the written Historian's Annual Report was made by Trustee Virginia Adams and seconded by Trustee Anna Marie Barclay. The motion carried by the following vote:

Trustee Robert Bausch-aye
Trustee Anna Marie Barclay-aye
Trustee Wayne Bailey-aye
Trustee Virginia Adams - aye


DPW SUPERVISOR'S REPORT:
A motion to approve the written DPW Supervisor's report was made by Trustee Anna Marie Barclay and seconded by Trustee Robert Bausch. The motion carried by the following vote:

Trustee Robert Bausch-aye
Trustee Anna Marie Barclay-aye
Trustee Wayne Bailey-aye
Trustee Virginia Adams - aye


CEO/ZEO REPORT:
A motion to approve the written report of the CEO/ZEO was made by Trustee Robert Bausch and seconded by Trustee Wayne Bailey. The motion carried by the following vote:

Trustee Robert Bausch-aye
Trustee Anna Marie Barclay-aye
Trustee Wayne Bailey-aye
Trustee Virginia Adams - aye


OLD BUSINESS:
The following old business was removed from further consideration by the Board:
1. Town-Village business-Intermunicipal agreement and equipment rate
2. Proposed local law for skateboarders
3. Proposed local law for noise regulation

The following old business was tabled for future consideration by the Board:
4. Proposed local laws 1 - 3 of 2004 concerning defense and indemnification and resolution concerning employee/official discipline
5. Sewer rate review
6. Mayor's Downtown revitalization project


NEW BUSINESS:
1. The following resolution was offered for adoption by Trustee Robert Bausch and seconded by Trustee Virginia Adams:

RESOLUTION BY THE VILLAGE BOARD OF THE VILLAGE OF BERGEN CONCURRING WITH THE APPLICATION BY THE COUNTY OF GENESEE FOR DESIGNATION OF CERTAIN AREAS WITHIN THE COUNTY OF GENESEE, INCLUDING A CERTAIN AREA WITHIN THE VILLAGE OF BERGEN, AS AN EMPIRE ZONE

WHEREAS, Section 961 of Article 18-B of the General Municipal Law authorizes the application by a county for designation of areas within said county as an Empire Zone within the meaning of said statute; and

WHEREAS, the Village Board of the Village of Bergen (the "Board") has been advised by the County of Genesee (the "County") that the County desires and intends to prepare and submit an application for designation of certain areas within the County as an Empire Zone (the "Zone"); and
WHEREAS, said areas within the County that have been selected for designation as the Zone include a certain area that lies within the Village of Bergen; and

WHEREAS, Section 961 of Article 18-B of the General Municipal Law requires the concurrence of every city, town and village in which a proposed Empire Zone is to be located as a prerequisite to the County's authorization and empowerment to make application for designation of certain areas within the County as an Empire Zone; and

WHEREAS, such a designation would greatly benefit the Village of Bergen and the residents thereof inasmuch as new businesses would be encouraged to locate in the Zone, existing businesses located within the Zone would be encouraged to expand therein, and both new and expanded businesses would generate both jobs for the residents of the Village of Bergen and an increased tax base; and

WHEREAS, the benefits made available to businesses through the designation of an area within the Village of Bergen as an Empire Zone are in the form of New York State income and franchise tax credits, and exemptions from New York State's sales and use taxes, and such benefits DO NOT require the Village of Bergen to surrender any of its sources of revenue.

NOW, THEREFORE, BE IT RESOLVED, BY THE VILLAGE BOARD OF THE VILLAGE OF BERGEN:

Section 1. For purposes of satisfying the concurrence requirements of Section 961 of Article 18-B of the General Municipal Law as a prerequisite to the County's being authorized and empowered to apply for designation of certain areas within the County, including a certain area within the Village of Bergen, as an Empire Zone, the Board, as the elected legislative body of the Village of Bergen, hereby gives its concurrence with the County's desire and intent to make application for designation of certain areas within the County, including a certain area within the Village of Bergen, as an Empire Zone.

Section 2. The boundaries of that certain area to be included in the Zone that lies within the Village of Bergen shall be as set forth in Schedule A to this Resolution, which is attached hereto and made a part hereof.

Section 3. This Resolution shall be deemed to be made for the benefit of the residents of the Village of Bergen.

Section 4. This Resolution shall take effect immediately.

The resolution carried by the following vote:

Trustee Robert Bausch-aye
Trustee Anna Marie Barclay-aye
Trustee Wayne Bailey-aye
Trustee Virginia Adams - aye

2. The Administrator presented a proposal by Librarian Nancy Bailey for a series of concerts in Hickory Park. The Board like the idea but Trustee Adams asked for more information.

3. A motion was made by Trustee Robert Bausch and seconded by Trustee Virginia Adams to appoint the following election inspectors for the March 16, 2004 election:

Holden Miller
Patricia Miller
Ruth Beyer


The motion carried by the following vote:

Trustee Robert Bausch-aye
Trustee Anna Marie Barclay-aye
Trustee Wayne Bailey-aye
Trustee Virginia Adams - aye

4. A motion was made by Trustee Virginia Adams and seconded by Trustee Robert Bausch to increase both the veteran's exemption limit and the income limits for the aged exemption to equal the limits offered by the Town and County. The motion carried by the following vote:

Trustee Robert Bausch-aye
Trustee Anna Marie Barclay-aye
Trustee Wayne Bailey-aye
Trustee Virginia Adams - aye

The Administrator is directed to prepare a local law to effectuate the increased limits. Disclosure was made by the Board that the following members may benefit from veteran's partial exemptions from property tax:

Mayor Thomas LeSage
Trustee Robert Bausch
Trustee Anna Marie Barclay
Trustee Virginia Adams

5. A motion was made by Trustee Robert Bausch and seconded by Trustee Anna Marie Barclay to approve the various IEEP initiatives proposed by the Administrator and DPW Supervisor. The motion carried by the following vote:

Trustee Robert Bausch-aye
Trustee Anna Marie Barclay-aye
Trustee Wayne Bailey-aye
Trustee Virginia Adams - aye

6. The Board discussed the Park Committee's Buy-a-Brick proposal and endorsed the concept. They unanimously decided they did not have the resources to administer such a program.

7. The Administrator presented the bank proposals and indicated she would work with Trustee Bausch to review them and report back to the Board.

8. The following resolution was offered for adoption by Trustee Robert Bausch and seconded by Trustee Anna Marie Barclay:

RESOLUTION Approving NYPA Contract Extension for Energy Supply
"2003 Amendment"

WHEREAS, The Village of Bergen, New York is a municipal corporation of the State of New York with of New York with offices at 11 Buffalo Street, Bergen, New York, 14416, and

WHEREAS, this execution of a contract extension for hydropower energy supply is enacted consistent with the provisions of the Village Law of the State of New York as amended from time to time, and

WHEREAS, the New York Power Authority (NYPA) is a quasi-governmental entity and regulatory agency located in New York and operates a public power purchasing cooperative, AND

WHEREAS, the Village, in conjunction with other MEUA members, has received preferential priced hydropower from NYPA since its organization, and
WHEREAS, purchasing of this low cost hydropower energy supply is shared with other New York municipal power entities through an agreement between NYPA and MEUA; and

WHEREAS, purchasing of hydropower energy supply is currently scheduled to cease in 2013 through an agreement between NYPA and MEUA, and the extension approved and signed by Governor Pataki would extend such contract until 2025 ("2003 Amendment"); and

WHEREAS, the Village's electric attorney, electric energy and the MEUA Executive Board have reviewed the contract extension and recommended the Village approve the same, and

WHEREAS, the Village of Bergen desires to accept the 2003 Amendment to the aforementioned contract offered by NYPA, IT IS HEREBY

RESOLVED AND ORDERED BY THE BOARD OF TRUSTEES that,
1. The adoption of this resolution is in the best interests of the residents of the Village of Bergen and its electric customers
2. The Village will continue to purchase its preferential hydropower allotment power from NYPA through 2025.
3. The Clerk and Mayor (Deputy Mayor) are authorized to sign and directed to file all required paperwork to effectuate such power supply services.
4. This resolution shall be effective immediately.

The resolution passed by the following vote:

Trustee Robert Bausch-aye
Trustee Anna Marie Barclay-aye
Trustee Wayne Bailey-aye
Trustee Virginia Adams - aye

9. Decisions on the following items of new business were tabled:

1. short form SEQRA for K-2 service extension
2. electric borrowing
3. bank proposals
4. approval of concert series in Hickory park


ADJOURNMENT:

A motion to adjourn was made by Trustee Robert Bausch and seconded by Trustee Anna Marie Barclay. The motion carried by the following vote:

Trustee Robert Bausch-aye
Trustee Anna Marie Barclay-aye
Trustee Wayne Bailey-aye
Trustee Virginia Adams - aye


The meeting was adjourned at 9:30 p.m.

Respectfully submitted,
Tracy Jong
Administrator

A/P
T&A
GENERAL $ 14,182.49
GENERAL $ 6,956.10
REFUSE $ 2,750.00
REFUSE $ 151.10
ELECTRIC $ 167,421.84
ELECTRIC $ 4,649.88
SEWER $ 6,247.55
SEWER $ 3,018.14