Village of Bergen,
New York
111 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
November 12, 2003


The Regular Meeting of the Board of Trustees was called to Order by Deputy Mayor Wayne Bailey at
7:02 p.m. with the following present:

Trustee Robert Bausch
Trustee Virginia Adams
Trustee Wayne Bailey

Mayor Thomas LeSage was absent. Trustee Anna Marie Barclay arrived at 7:11 pm.

Also present were Administrator/Clerk-Treasurer Tracy Jong, Village Attorney Richard Curtis, Esq., and DPW Supervisor Marty Krause.

Also in attendance were Franklin Churchill, Dale Leiter, Bob Bobzin, Ed Adams, Doug Brown, Charlie Wies, Jim Pascarella, Brian Stone, and Buddy Filowick.

APPROVAL OF BILLS:

A motion to approve the bills as presented, including three add-on bills for EOS, Turner Treescape and a bond payment, was made by Trustee Robert Bausch and seconded by Trustee Virginia Adams. The motion carried by the following vote:

Mayor Thomas LeSage-absent
Trustee Robert Bausch-aye
Trustee Anna Marie Barclay-absent
Trustee Wayne Bailey-aye
Trustee Virginia Adams - aye

A motion was made by Trustee Anna Marie Barclay and seconded by Trustee Virginia Adams to approve software modifications by EOS (on which the aforementioned bill add-on is based). The motion carried as follows:

Mayor Thomas LeSage-absent
Trustee Robert Bausch-aye
Trustee Anna Marie Barclay-absent
Trustee Wayne Bailey-aye
Trustee Virginia Adams - aye

APPROVAL OF MINUTES:

A motion to approve the minutes of the Regular Meeting of November 5, 2003 was made by Trustee Virginia Adams and seconded by Trustee Robert Bausch. The motion carried by the following vote:

Mayor Thomas LeSage-absent
Trustee Robert Bausch-aye
Trustee Anna Marie Barclay- absent
Trustee Wayne Bailey-aye
Trustee Virginia Adams-aye


PRIVILEGE OF THE FLOOR

Trustee Adams and Ed Adams addressed the Board about tree trimming concerns. Ed Adams presented the Board with photos of his trimmed trees. He alleges that the DPW Supervisor's trees were not trimmed as extensively as the Adams' trees. (DPW supervisor exited) Trustee Barclay expressed the desire to protect the integrity of the Village and opined that the tree lined roads were an essential feature. Trustee Adams agreed. Trustee Barclay proposed that training of Village crews in tree trimming may be option for the Village to pursue. Trustee Bailey suggested the Village may also contract tree trimming services to a professional company. The Board asked the Administrator to contact Gail Culver at Cooperative Extension to explore whether training might be available and/or written guides with information on tree trimming could be obtained.

Tally advised the Board the Historical Society Barn is available for the Christmas lighting ceremony.


ADMINISTRATOR/CLERK TREASURER'S REPORT:

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

Mayor Thomas LeSage-absent
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 Wayne Bailey and seconded by Trustee Robert Bausch. The motion carried the following vote:

Mayor Thomas LeSage-absent
Trustee Robert Bausch-aye
Trustee Anna Marie Barclay-aye
Trustee Wayne Bailey-aye
Trustee Virginia Adams - aye

OLD BUSINESS:

1. Town-Village Business: Intermunicipal agreement and Equipment Rate-Tabled

2. Proposed local laws
a.) Skateboarders - tabled

b.) Noise regulation - tabled

c.) Proposed local laws 1 - 3 of 2004 and resolution concerning employee


3. Mayor's economic development loan program/incentives for downtown Business district - tabled

4. Fire Department 2004 Budgets - Bob Bobzin, on behalf of the Bergen Fire Department, addressed the Board and inquired about why there were no negotiations with the Fire Department and why their budget request was not adopted. The Board discussed issues they faced and the Fire Department responded. The Board responded that it was merely a fiscal issue: limited funds and not raising taxes meant no increased expenditures for Village budget items.

Trustee Barclay raised a concern with the Fire Department about the $800 rental cost of the Fire Hall for a fundraising activity to benefit a family in need. The Fire Department responded that it was a Fire Department, not a Village, concern and the revenues are required to cover operation and maintenance costs. The Board deferred this matter to the Fire Department Board of Directors.

The Board reaffirmed the vote of October 29 to give the same amount to the Fire Department as in 2003, with the decrease to be taken in the major equipment fund.


The amended budget is set forth below:

2004 Proposed Budget

Administration $ 4,500.00
Air Fill Station Maintenance 700.00
Annual Meeting 0
Building Maintenance 10,500.00
Chief's Conference 2,000.00
Chief's Fund 750.00
Dues (Fire Associations) 300.00
Expendable Operating Supplies 3,500.00
Fire Police 3,500.00
Fuel 4,000.00
Hazmat Supplies 250.00
Insurance 20,000.00
Long Term Maintenance 2,500.00
Major Equipment 51,963.84
Osha Air Pack Test 1,600.00
Osha Air Tank Test 400.00
Physicals & Vaccinations 2,250.00
Portable Equipment Maintenance 1,000.00
Radio Repair 500.00
Rescue Squad 4,000.00
Safety Equipment 17,115.00
Telephone 1,400.00
Training 4,000.00
Truck Maintenance 9,500.00
Lawn Mowing 2,500.00

TOTAL $ 148,728.84

5. Resolution Declaring the Village Lead Agency with Respect to a Long Form Environmental Assessment Form filed by Budvale Construction for the development of the Mayne Estates


The following resolution was offered by Trustee Robert Bausch and seconded by Trustee Anna Marie Barclay.

WHEREAS the Village has received a full Environmental Assessment Form dated September 25, 2003 and signed by George Filowik Jr., Vice President of Budvale Construction Corporation.

WHEREAS the Village of Bergen endeavors to rezone newly annexed land with consideration of a preliminary plat and rezoning application for development of this land for residential use, including a Planned Unit Development, and

WHEREAS the Village has sent written correspondence to all interested agencies on October 9, 2003, and

WHEREAS said correspondence indicated the Village's intention to seek Lead Agency status, requested any objections to be made known, and further sought comments from each agency on the draft documents submitted for review, and

WHEREAS the Village has received no objection within the 30 day response period,


THEREFORE IT IS HEREBY RESOLVED that based upon the foregoing, the Board declares itself Lead Agency for this project review. The Clerk and Village attorney are directed to make any necessary filings or publications required to effectuate this resolution.

The resolution carried by the following vote:

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


6. Resolution Declaring a Positive Impact Long Form Environmental Assessment Form filed by Budvale Construction for the development of the Mayne Estates

The following resolution was offered by Trustee Robert Bausch and seconded by Trustee Anna Marie Barclay.

WHEREAS the Village has received a full Environmental Assessment Form dated September 25, 2003 and signed by George Filowik Jr., Vice President of Budvale Construction Corporation. .

WHEREAS the Village of Bergen endeavors to rezone newly annexed land with consideration of a preliminary plat and rezoning application for development of this land for residential use, including a Planned Unit Development, and

WHEREAS the Village DPW and Carl Schoenthal, Village engineer, have reviewed the proposed plans and petition for rezoning, submitting comments and recommendations to the Board on various issues, and

WHEREAS the Planning Board has reviewed the same and duly submitted comments and recommendations,

NOW THEREFORE, the Village Board of Trustees finds that the action exceeds one or more Type 1 Thresholds in NYCRR, Part 617 or is an Unlisted Action, and may have an adverse effect associated with existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic patterns, solid waste production or disposal, potential for erosion, drainage or flooding problems, public health and

The Village Board of Trustees finds that the action may have an adverse effect associated with aesthetic, cultural, water, land, open space, recreational resources, or other natural or cultural resources or community or neighborhood character, and

The Village Board of Trustees finds that the action will not have any adverse effects associated with air resources and quality (or odor levels), vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species, nor archeological or historic resources, and

The Village Board of Trustees finds that the action may have an adverse effect associated with the community's existing plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resources, and

The Village Board of Trustees finds that the action may have an adverse effect associated with long term, short term, cumulative, or other effects, and

The Village Board of Trustees finds that the action may have an adverse effect associated with changes in use of either quantity or type of energy, and

The Village Board finds that the project will not have an impact on the environmental characteristics that caused the establishment of a CEA, and

The Village Board finds that there will likely be controversy related to potential adverse environmental impacts.

THEREFORE IT IS HEREBY RESOLVED that based upon the foregoing, the Board issues a positive declaration for this project. The Clerk and Village attorney are directed to make any necessary filings or publications required to effectuate this resolution.

The resolution carried by the following vote:

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

NEW BUSINESS:

1. The following proclamation was offered by Trustee Robert Bausch and seconded by Trustee Virginia Adams.
PROCLAMATION

WHEREAS, Andrew Mindler and Troop 131 have served our great Village of Bergen as active volunteers; and

WHEREAS, Andrew Mindler demonstrated outstanding leadership ability; and

WHEREAS, IT IS FITTING TO RECOGNIZE Andrew Mindler and Troop 131 as some of our community's most outstanding citizens, as leaders in local beautification endeavors and as dutiful Americans;

NOW THEREFORE, WE THE ENTIRE Village Board of Trustee, commend them for dedication and commitment in making the Village of Bergen more beautiful for both residents and visitors. We hereby recognize Wednesday, November 12, 2003 as TROOP 131 APPRECIATION DAY AND WE URGE ALL Bergen residents to join with them in showing their appreciation for all their services. The proclamation carried by the vote of all present.

2. A motion was made by Trustee Virginia Adams and seconded by Trustee Wayne Bailey to appoint Christopher Robinson to the Bergen Fire Department. The motion carried by the vote of all present.

3. A motion was made by Trustee Anna Marie Barclay and seconded by Trustee Robert Bausch, to approve the vacation and sick leave requests of the bargaining unit members. The motion carried by the vote of all present.

4. A motion was made by Trustee Virginia Adams and seconded by Trustee Anna Marie Barclay to send the overdue taxes and sewer arrears to the Town and County for relevy:

Village Taxes to County

Tax Map No. Name Address

3.1-1-70 Bumbarger. Patrick C. 35 South Lake Ave.
4.-1-41 Capwell, Thomas J. 65 South Lake Ave.
1.-1-4 Cassara, Gerda B. 23 North Lake Ave.
2.-1-23 Maier, Michael O. 35 Spring St.
5.-1-14.11 Melvin Melissa A. 22 Clinton Ave.
2.-1-29 MPM Management Corp. 26 North Lake Ave.
2.-1-38.1 Mulvey, James F. 36 North Lake St.
1.-1-42.2 Shade, Donald 19 Gibson St.
3.-1-4 White, Bertha Mae 39 Buffalo St.
2.-1-21 Williams, Gary A. 27 LeRoy St.
2.-1-22.1 Williams, Gary A. Spring St.
2.-1-22.2 Williams, Gary A. 29 LeRoy St.


Sewer Arrears to Town Taxes

ARREARS PENALTY TOTAL

Account #10626299999 $355.74 $35.57 $391.31
Mark Willis
6601 North Lake Road
Bergen, New York 14416


Account #10047138372 $362.34 $36.23 $398.57
Hollie Geitner
6657 North Lake Road
Bergen, New York 14416

The Clerk is permitted to make another collection effort, and if payment is made on or before November 21, sewer bills do not require relevy. The motion carried by the vote all present.

5. Request for Electronic payments-tabled.


ADJOURNMENT:

A motion to adjourn was made by Trustee Robert Bausch and seconded by Trustee Virginia Adams. The motion carried by the following vote:
Mayor Thomas LeSage-absent
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

ABSTRACT ACCT. PAYABLE
ABSTRACT PAYROLL
GENERAL $58577.45
GENERAL $4507.83
REFUSE $ 0
REFUSE $ 334.60
ELECTRIC $60945.33
ELECTRIC $5843.82
SEWER $ 2561.10
SEWER $2917.36