VILLAGE BOARD of TRUSTEES
Public Hearing and
Regular Meeting
March 10, 2004

The Public Hearing was cancelled by Deputy Mayor Wayne Bailey at 6:45 p.m. The Village has elected not to proceed with a 2004 application for a Small Cities grant.

REGULAR MEETING
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 (entered at 7:02), DPW Supervisor Marty Krause, Dale Leiter, and Mr. & Mrs. Smith.

BUDGET TRANSFERS AND APPROVAL OF BILLS
A motion to approve the bills as presented 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-aye
Trustee Virginia Adams - aye

A motion to approve a budget transfer of $6,000 from 8140.400A to 8560.400A 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-aye
Trustee Virginia Adams - aye

APPROVAL OF MINUTES
A motion to approve the minutes of the adjournment of the Regular Meeting of February 11, 2004 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 Virginia Adams - aye

A motion to approve the minutes of the Regular Meeting of February 25, 2004 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 Virginia Adams - aye

A motion to approve the minutes of the Budget Worksession of Saturday, March 6 2004 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 Virginia Adams - aye

CEO/ZEO REPORT
A motion to accept the written report of Tom Williamson 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 Virginia Adams - aye

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 by the following vote:

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

OLD BUSINESS
The following old business was tabled for future consideration by the Board:
1. Sewer rate review
2. Mayor's Downtown revitalization project
3. Concerts in the Park
4. Mayne development - tabled to Saturday at 8:00 a.m.

NEW BUSINESS
1 & 2) The following proclamations were offered by Trustee Robert Bausch and seconded by Trustee Anna Marie Barclay:

A Proclamation Giving Tribute to Mayor Thomas L. LeSage
March 10, 2004

Thomas L. LeSage embodies the essence of American values. He served as an American soldier fighting overseas to protect, preserve and defend our American beliefs and ways of life. He has given his time and resources to assisting the community and enriching the lives of our residents. He has actively participated in Bergen Downtown Merchants Association, the Bergen Rod & Gun Club, the Bergen Fire Department and local government as the Mayor of our Village. He has assisted the elderly and sick in so many ways from giving a ride, plowing a driveway, bringing a meal or just bringing a smile and some company to brighten their day. This list is not exhaustive, but only represents a small part of the contribution he has made to our community.
We do therefore invite our fellow citizens in every part of this community, to acknowledge and thank Thomas L. LeSage for his service to this community in the many forms it has taken. We proclaim March 10, 2004 as Thomas L. LeSage Appreciation Day. Let this be a small token of our true appreciation for all he has shared.

PROCLAMATION
WHEREAS, Marshall Krause has served our great Village of Bergen as Supervisor of
the Department of Public Works since 1998; and

WHEREAS, Marshall Krause has supported municipal leaders, improve the services and infrastructure of our local government and utilities, demonstrating outstanding leadership ability; and

WHEREAS, it is fitting to recognize Marshall Krause as one of our community's most outstanding citizens, as leader in local municipal endeavors and as a dutiful American;

NOW THEREFORE, we the entire Village Board of Trustees, commend him for dedication and commitment in making the Village of Bergen a great place to live for both residents and visitors. We hereby recognize March 26, 2004 as Marshall Krause Appreciation Day and we urge all Bergen residents to join with us in showing their appreciation for all of his services.

The proclamations were unanimously endorsed.

3) A motion was made by Trustee Robert Bausch and seconded by Trustee Virginia Adams to approve the expenditure of $6,000 from 8560.400A for one-half of the cost of tree removal on private property in cases where it is creating a problem for Village sidewalks, electric lines or other public infrastructure. The trees will be those identified in the recent survey by the arborist engaged by the Supervisor of Public Works. The motion carried by the following vote:

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

4) The following resolution was offered for adoption by Trustee Wayne Bailey and seconded by Trustee Robert Bausch:

VISA RESOLUTION
WHEREAS, the Village of Bergen finds that the use of a credit card in certain transactions is necessary an proper to insure the most efficient execution of appropriate governmental purposes; and

WHEREAS, the Municipality wishes to enter into a VISA Business Card Credit Agreement (the "Agreement") with FLEET BANK to provide such credit card privileges for Municipality.

NOW, THEREFORE, BE IT RESOLVED, that Tracy P. Jong, Administrator/Clerk-Treasurer of the Village of Bergen or his/her successor, (the "prime holder") is authorized to execute an agreement with FLEET BANK for the purpose of obtaining credit card privileges with a total credit limit of $3,000.00. Such limit in combination with the Municipality's other net indebtedness does not cause the Municipality to exceed the debt limit applicable to such Municipality and the Municipality resolves to take all necessary actions to ensure that such total credit card debt limit will not, in the future, cause the Municipality to exceed its debt limit; and

BE IT FURTHER RESOLVED, that the prime holder is authorized to receive all statements regarding this account. The following named persons shall be authorized to receive additional cards for their use in carrying out their official duties in the limit set forth opposite his/her name;

BE IT FURTHER RESOLVED, Tracy P. Jong, or his/her successor, shall be authorized to amend the list of persons authorized to receive credit cards as necessary from time to time; and

BE IT FURTHER RESOLVED, that the form of the Fleet Bank VISA statement complies with all of Municipality's claim requirements established by this Municipality pursuant to applicable law and that the officer who incurred the expense set forth in a statement submitted for payment shall approve such claim and verify that the services to which such expenses relate were obtained by such officer; and

BE IT FURTHER RESOLVED, that the Municipality will pay out of previously allocated funds, or funds received in the current fiscal year, for any outstanding credit card debt incurred under the Agreement. The Municipality may use the credit card under the Agreement for long term debt not fully payable out of current revenues or previously allocated funds; the Municipality will pay the outstanding balance each month; and

BE IT FURTHER RESOLVED, that the Municipality hereby agrees to pay FLEET BANK for all purchase and cash advances made on the account, together with finance charges and other charges assessed in connection therewith, notwithstanding that Municipality may not be obligated by law to pay such amount, and notwithstanding that the proceeds of any such advance may have been used to pay an expense for which proper appropriations, authorizations approvals or bids had not been obtained, or which otherwise fails to satisfy legal requirements therefore. After repaying FLEET BANK, the Municipality may pursue any legal remedy available to recover any funds expended for such unauthorized use or nonpublic purpose from any third party or unauthorized user.

BE IT FURTHER RESOLVED, that each of the individuals designated below as a Company Representative is hereby authorized on behalf of the Company, acting singly (i) to submit an Application for a VISA Business Card with Fleet National Bank (the "Bank") and in doing so, to agree to be bound by the provisions of the VISA Business Card Credit Agreement (the "Credit Agreement") incorporated in said Application, (ii) to agree to modifications of the Credit Agreement from time to time, including the establishment of the Company Credit Limit, subject to the consent of the Bank; and (iii) to designate one or more Company Representatives (as that term is defined in the Credit Agreement) from time to time; and

BE IT FURTHER RESOLVED, that each Company Representative so designated, acting singly, is hereby authorized (i) to execute such documents and agreements as such individual deems reasonable in order to effectuate the intent of the Credit Agreement; (ii) to determine whether to elect the "Cardholder Billing Option" or the "Company Billing Option" (as those terms are defined in the Credit Agreement); (iii) to designate Cardholders (as that term is defined in the Credit Agreement) and establish Cardholder Credit Limits, subject to the Bank's consent; (iv) to furnish the Bank with any information concerning the Company and the Cardholders that the Bank requires in connection with the Credit Agreement; (v) to terminate Cards on behalf of the Company; and (vi) to do and perform all acts and things and to execute and deliver all instruments and documents of whatsoever kind and nature necessary or incidental to or required by the Bank for the transaction of all business of this Company in the Cards.

The resolution carried by the following vote:

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

5) A resolution was offered for adoption by Trustee Wayne Bailey and seconded by Trustee Robert Bausch to adopt:

CORPORATE RESOLUTION FOR ESTABLISHING CREDIT CARD MERCHANT RELATIONSHIP

The undersigned, Tracy P. Jong , hereby CERTIFIES that (s)he is the duly elected, qualified, and acting Clerk of Village of Bergen (hereinafter referred to as the "Corporation"), a corporation duly organized, validly existing, and in good standing under the laws of New York , and that the following resolutions were adopted

(check one)
at a duly called and conducted meeting of the Directors of the Corporation held on March 10, 2004, at which a quorum was present and voting throughout,

by which the unanimous consent of all the Directors of the Corporation, the originals of which consent shave been placed with the records of meeting of Directors of the Corporation, and are in conformity with the Articles of Organization or Certificate of Incorporation and By-Laws of the Corporation (as amended to date) and that each of the following resolutions currently is in full force and effect without change.

ENTERING INTO MERCHANT SERVICES AGREEMENT
RESOLVED: That the Mayor, Deputy Clerk, Deputy Treasurer, Clerk-Treasurer, and any Deputy Mayor, acting singly, be and hereby are authorized to execute and deliver, by and on behalf of the Corporation, a Merchant Services Agreement between the corporation and Fleet National Bank (hereinafter referred to as the "Bank") and all other instruments and documents requested by the Bank and issued pursuant thereto, substantially in the form reviewed by the Directors and containing such further or modified terms and conditions as the officer to be conclusive evidence of such approval (the execution thereof by such officer to be conclusive evidence of such approval), pursuant to which the Corporation shall be authorized to deliver to the Bank receipts or electronic transmittals evidencing credit card transactions reflecting the Corporation's retail sale of goods or serviced to its customers; and further.
RESOLVED: That the Mayor, Deputy Clerk, Deputy Treasurer, Clerk-Treasurer, and any Deputy Mayor, acting singly, be and hereby are authorized to take such actions and execute and deliver such certificates, agreements, amendments, instruments, notices, and documents as may be required by the Bank or as such officer may deem desirable in connection with the Corporation's execution and performance of the Merchant Services Agreement and any other related instruments and documents.

DELEGATION OF AUTHORITY
RESOLVED: That any two of the officers authorized by the foregoing Resolutions, acting jointly, may, by written instrument furnished to the Bank delegate to any other officer or person the same authority that is vested by said Resolutions in the officer(s) so delegating authority, which written delegation shall be in such form as may be requested by the Bank and may be subject to such restrictions and limitations as may be indicated thereon.

CONTINUATION OF AUTHORITY
RESOLVED: The above resolutions and delegations relative to the authority of any officer or person to act on behalf of the Corporation shall remain in full force and effect until the Bank's receipt, at its principal office, of written notice from the Clerk or Secretary of the Corporation of the revocation or modification of such authority.

RATIFICATION OF PRIOR TRANSACTIONS
RESOLVED: That all action taken on behalf of the Corporation and all instruments, documents, and papers executed in the name of and on behalf of the Corporation concerning the Corporation's merchant services relationship with the Bank be, and they hereby are, approved, adopted, and ratified.

REVOCATION OF INCONSISTENT RESOLUTIONS
RESOLVED: That any and all resolutions of the Corporation which may be in conflict with any of the foregoing resolutions be, and they hereby are, revoked.

The resolution carried by the following vote:

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

6) A motion to approve the appointment of Fay Fuerch of 7967 Vallance Road, Leroy to the Bergen Fire Department 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-aye
Trustee Virginia Adams - aye

7) A motion to adopt the 2003 PSC Report as prepared by the Village Administrator and Laura Landers (Village accountant) 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 Virginia Adams - aye

8) A motion to approve the Village Administrator to borrow up to $400,000 pursuant to the bond resolution dated February 10, 2004 was made by Trustee Robert Bausch and seconded by Trustee Virginia Adams. The borrowed funds to be used for the capital items as follows: up to $250,000 for capital projects, up to $20,000 for substation modifications, and up to $130,000 for the purchase of a new bucket truck. The motion carried by the following vote:

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

EXECUTIVE SESSION
A motion was made by Trustee Anna Marie Barclay and seconded by Trustee Virginia Adams to enter Executive Session to discuss personnel matters. The motion carried by the following vote:

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

Executive Session was entered at 9:05 p.m.

A motion was made by Trustee Anna Marie Barclay and seconded by Trustee Virginia Adams to exit Executive Session. The motion carried by the following vote:

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

No votes were taken in executive session. Executive Session was exited at 9:45 p.m.

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 9:45 p.m.

Respectfully submitted,
Tracy Jong
Administrator