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
May 26, 2004


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

Also present were DPW Supervisors Roy Hill and Joe Chimino, Tracy Jong, Dale Leiter, Tom Williamson, Frank Austin, Tally Almquist, Mr. & Mrs. Smith. Ralph Marsocci entered at 7:31 p.m.


APPROVAL OF MINUTES
A motion to approve the minutes of the Regular Meeting of May 12, 2004 was made by Trustee Anna Marie Barclay and seconded by Trustee Paul Cooper. The motion carried by the following vote:
Trustee Robert Bausch - aye
Trustee Anna Marie Barclay-aye
Trustee Virginia Adams - aye
Trustee Paul Cooper - aye


BUDGET TRANSFERS AND APPROVAL OF BILLS
A motion to approve the budget transfers listed below 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
Trustee Paul Cooper - aye

GENERAL FUND FROM TO
$ 36.08 1320.000A Auditor 1325.400A Treasurer-Contr.
$ 309.91 1440.400A Engineer-Contr. 1420.400A Law-Contr.
$ 633.90 1440.400A Engineer-Contr. 1490.100A Public Works-Pers.
$ 688.64 1620.200A Buildings-Equip. 1640.100A Central Garage-Pers.
$ 93.71 1650.200A Central Comm. 1650.400A Central Comm. System
$ 2,500.00 8140.400A Storm Sewer-Contr. 3410.100A Fire Dept.-Pers.Serv.
$ 24.46 7110.200A Parks Equipment 7110.400A Parks-Contr.
$ 188.45 7550.100A Celebr.-Labor 7550.400A Celebrations-Contr.
$ 73.02 8010.400A Zoning-Contr. 8020.100A Planning-Pers. Serv.
$ 331.10 8140.400A Storm Sewers 8510.100A Comm. Beaut.-Pers. Serv.
$ 872.89 8140.400A Storm Sewers 8560.100A Shade Trees-Pers. Serv.
$ 828.30 8140.400A Storm Sewers 9060.800A Hosp. & Med. Insurance
$ 531.06 8140.400A Storm Sewers 9089.830A Sick Time
$ 612.96 8140.400A Storm Sewers 9089.840A Personal Time
$ 7,625.00 9710.700A Bond Interest 9730.700A BAN Interest

 

REFUSE FUND FROM TO
$ 748.06 9160.400CL Sanitation 8160.100CL Sanitation Pers. Serv.
$ 45.98 9010.800CL NYSRS 9030.800CL Social Security
$ 10.76 9010.800CL NYSRS 9035.800CL Medicare


SEWER FUND FROM TO
$ 485.57 1320.000G Auditor 1325.100G Treas.-Pers. Serv.
$ 626.60 1440.400G Engineer 1490.100G Public Works Supv.-Labor
$ 271.27 1620.400G Buildings Contr. 1620.100G Buildings-Pers. Serv.
$ 23.58 1675.400G Central Mailing 1680.400G Data Processing
$ 978.31 1010.400G Trustee Contr. 8130.100G Sewer Trtmt.-Pers. Serv.
$ 686.00 1010.400G Trustee Contr. 8130.400G Sewer Trtmt.-Contr.
$ 530.00 9710.700G Bond Interest 9060.800G Hosp. & Med. Insurance
$ 185.70 1010.400G Trustee Contr. 9030.800G Social Security
$ 43.20 1010.400G Trustee Contr. 9035.800G Medicare
$ 130.06 9089.810G Holiday 9089.840G Pers. Time
$ 529.58 1210.400G Mayor Contr. 9060.800G Hosp. & Med. Insurance


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 Virginia Adams - aye
Trustee Paul Cooper - aye


TRUSTEE CONCERNS
Trustee Robert Bausch addressed the Board about non-residents who had brought in trash for the bulk pick-up.

A motion was made by Trustee Robert Bausch and seconded by Trustee Paul Cooper to bill the owner of 25 and 27 Rochester Street the cost of a Waste Management 35 cubic yard dumpster.

Trustee Paul Cooper addressed the Board about the removal of bushes in front of Hickory Park.

Trustee Virginia Adams addressed the Board about loitering and skateboarding downtown.

Trustee Anna Marie Barclay addressed the Board about a request to purchase 10 acres of Village land adjacent to the Waste Water Treatment Plant for an assisted living facility.


CEO/ZEO REPORT
The CEO reported to the Board about the status of various property maintenance enforcement actions. He reported the closure of Goodfella's Pizzeria and opening of a disco by the owners. He would follow up with an inspection during their hours of operation. He also reported the opening of a new ice cream parlor, The Love Shack, at 11 North Lake Street.

A motion to approve the written and oral report of the CEO/ZEO 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
Trustee Paul Cooper-aye


HISTORIAN'S REPORT

The Historian reported about the Small Cities Grant and the progress of her booklet about the Bergen Swamp and the County History Book project.

A motion to approve the 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 Virginia Adams - aye
Trustee Paul Cooper-aye


DPW SUPERVISOR'S REPORT

Joe Chimino reported that a new fence will be installed in front of Hickory Park to replace the bushes that were recently removed. There will also be an earthen berm with some hedges and landscaping. He reported about the relay setting completion at the new substation, the testing of the voltage regulator at the new substation, and the power outage on May 25th.

He reported about work at Birds Eye Foods that would be undertaken over the coming two weeks, conversion of the Village from 2400kV to 4160kV and future plans for obsolescence of the transformers and regulators at the old substation. He reported on the bid specifications and plans to demo another bucket truck. He also reported on street repair and maintenance plans for the 2004 season.

A resolution was offered by Mayor Wayne Bailey and seconded by Trustee Anna Marie Barclay as follows:

WHEREAS, the Village of Bergen, New York, is a municipal member of the NYMPA, and

WHEREAS, the Meeting of the NYMPA has been called on May 27,2004 to be held at the Holiday Inn, 441 Electronics Parkway, Liverpool, New York and,

WHEREAS, in accordance with the bylaws of the NYMPA, each municipal member may cast one vote on each transaction properly brought before this meeting,

NOW THEREFORE BE IT RESOLVED, that Joe Chimino be and is hereby designated as the accredited delegate of the Village of Bergen, New York.

The resolution was adopted by the following vote:
Trustee Robert Bausch-aye
Trustee Anna Marie Barclay-aye
Trustee Virginia Adams - aye
Trustee Paul Cooper-aye

A motion to approve the oral DPW Supervisor's report 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 Virginia Adams - aye
Trustee Paul Cooper-aye

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 Virginia Adams. The motion carried by the following vote:
Trustee Robert Bausch-aye
Trustee Anna Marie Barclay-aye
Trustee Virginia Adams - aye
Trustee Paul Cooper-aye


COMMITTEE ON SEWER RATE PROPOSAL FORMED
Trustee Virginia Adams
Trustee Robert Bausch


UNION NEGOTIATION COMMITTEE FORMED
Trustee Robert Bausch
Trustee Paul Cooper


MAYOR'S REPORT
The Mayor asked the Board about their Park Festival parade participation. He reported interviews are scheduled for public works vacancies.


PRIVILEGE OF FLOOR
Ralph Marsocci addressed the Board and requested a review of parking local laws, arguing a 6:00 p.m. end to 2-hour parking restrictions is not sufficient for the downtown business district.


NEW BUSINESS
1. A motion was made by Trustee Virginia Adams and seconded by Trustee Robert Bausch to confirm the appointment of DPW Supervisor Joe Chimino. The motion carried by the following vote:
Trustee Robert Bausch - aye
Trustee Anna Marie Barclay-aye
Trustee Virginia Adams - aye
Trustee Paul Cooper - aye

2. A resolution was offered for adoption by Trustee Anna Marie Barclay and seconded by Trustee Paul Cooper

WHEREAS, the Village current has uncollectible sewer utility bills; and

WHEREAS, the Village has extended diligent efforts to collect these amounts currently due and owing; and

WHEREAS, the Village it is the opinion of the Deputy Treasurer that these amounts are uncollectible, and that they should be sent to the June 2004 Village property taxes pursuant to the rules promulgated in the Annual Reorganizational Meeting,

IT IS HEREBY RESOLVED that the following sewer debts be sent to the taxes:
Sewer Arrears to Village Taxes 2004

Tax map No. Name Address Total To Taxes Account No.
1.-1-70 Ackert, Robert S. 28 Church Street $1,376.00 70618077677
2.-1-20 Bickham, Rodney 25 LeRoy Street $1,692.33 70307077651
4.-1-41 Capwell, Thomas J. 65 South Lake Avenue $1,043.25 39999977436
1.-1-4 Cassara, Gerda 23 North Lake Avenue $457.38 10631077321
5.-1-42 Cunningham, George 27 Munger Street $562.67 50237077593
1.-1-21.22 Didas, Gregory 22 Gibson Street $391.31 70737077693
3.-2-29 Diefendorf, David 20 Emily Court $204.49 20701077373
1.-1-26 Dodson, Charles 18 Church Street $477.71 70858177698
4.-1-3 Fladie, Christopher 80 South Lake Avenue $999.77 30001077430
3.-1-64.1 Gailey, David & Catherine 21 South Lake Avenue $1,342.85 30039077465
2.-1-3 Hall, Donald 55 Rochester Street $1,168.73 40589077524
1.-1-22.2 Hixenbaugh, Kenneth R.
& Michelle
24 Gibon Street $466.17 70748077743
3.-3-15 Ireland, Edward J.
& Patricia M.
36 Canterbury Lane $738.32 20795077355
2.-1-23 Maier, Michael O. 35 Spring Street $152.13 71118077653
4.-1-48.2 Marchioni, John 83 South Lake Street 248.05 80586077759
5.-1-14.11 Mays,Randy 42 Rochester Street $2,086.49 40679077726
3.-1-82 Melvin, Melissa 22 Clinton Street $752.33 50231077546
5.-1-80 Moucha, James A. 46 Munger Street $205.51 50832077585
2.-1-38.1 Mulvey, James F. Jr. 38 North Lake Avenue $1,749.09 70835077662
2.-1-41.1 Neal, Cynthia 16 LeRoy Street $931.46 70496077647
3.-2-1.2 Parton, Jeff 18 Richmond Avenue $1,144.47 61553077629
1.-1-13 Peerson, Kristina 24 Buffalo Street $441.05 60506077609
3.-2-16 Petoe, Kris A.
& Jane E.
17 Canterbury Lane $1,144.47 20661077388
1.-1-2.1 Phillips, Stephen 25 North Lake Avenue $677.64 10498077320
3.-1-58 Roth, Julie 11 South Lake Avenue $2,823.99 10293177328
3.-1-48 Schlenker, Douglas 12 LeRoy Street $221.43 70273077645
1.-1-42.2 Shade, Donald A. 19 Gibson Street $878.06 70201077692
4.-1-43 Springsteen, Steve
& Cindy
69 South Lake Avenue $667.51 30028077434
5.-1-8 Streeter, Daniel
& Sandra
30 Rochester Street $939.21 40436077480
4.-1-40 Tardy, Kathleen 63 South Lake Avenue $598.26 30152077438
2.-1-37 Thompson, William
& Utter, Susan
34 North Lake Avenue $1,059.36 70098377661
2.-2-23 Troke, Douglas 75A Rochester Street $714.62 40733077727
1.-1-32 Wandtke, David Estate
c/o Kathi Banker
14 Gates Street $586.47 70167077744
3.-1-4 White, Bertha Mae 39 Buffalo Street $1,198.93 60321077616
2.-1-21 Williams, Gary A.
& Virginia
27 LeRoy Street $816.97 70533077652
4.-1-21.2 Wittman, William 43 South Lake Avenue $545.33 30347177455
TOTAL
$31,801.11

IT IS FURTHER RESOLVED that the Deputy Treasurer is given authority and discretion to adjust this list with the County Real Property Department and Village accountant as necessary to close the fiscal books of the Village in a prudent and responsible manner.

The resolution was adopted by the following vote:
Trustee Robert Bausch - aye
Trustee Anna Marie Barclay-aye
Trustee Virginia Adams - aye
Trustee Paul Cooper - aye

3. A resolution offered for adoption by Trustee Robert Bausch and seconded by Trustee Paul Cooper.

WHEREAS, the Village current has uncollectible electric utility bills; and

WHEREAS, the Village has extended diligent efforts to collect these amounts currently due and owing; and

WHEREAS, the Village it is the opinion of the Deputy Treasurer that these amounts are uncollectible;

IT IS HEREBY RESOLVED that the following electric debts be written off in the electric ledgers:

Account No. Name Amount
60895477639 April Heinzerling $ 35.14
10616277329 Rose Jarvis 279.31
10371177328 Duane Jendrick 29.43
10596977324 Cori Kovac's 104.59
10318477328 Victor Maldonado 59.23
10014295148 Lawrence Podsiki (deceased) 17.09
10279177328 Andrea Seale 31.15
60173177621 Martin Reff (bankrupt) 174.51
60173377621 Star Reff (bankrupt) 145.70
80466377718 Lisa Taylor 183.56
70719277654 Ruth Wells 571.71
Total
$1631.42

IT IS FURTHER RESOLVED that the Deputy Treasurer is given authority and discretion to adjust this list with the Village accountant as necessary to close the fiscal books of the Village in a prudent and responsible manner.

The resolution was adopted by the following vote:
Trustee Robert Bausch - aye
Trustee Anna Marie Barclay-aye
Trustee Virginia Adams - aye
Trustee Paul Cooper - aye

4. A public hearing was scheduled for local laws on loitering, noise, and skateboarding at 6:45 p.m. on Wednesday June 9.

5. Roy Hill addressed the Board about a proposal for a historic mural on the south side of 11 North Lake Street. The Board agreed to such expenditure to be audited from community beautification in the general fund.

6. Resolution concerning 2004 Revision to Employee Manual.

WHEREAS, the Village adopted an Employee Manual in January 2004, and

WHEREAS, the Village reserves the right to revise its policies from time to time as it deems appropriate or necessary, and

WHEREAS, the Village mayor and Administrator recommend certain changes to the Employee Manual,

IT IS HEREBY RESOLVED THAT the proposed revisions be adopted and distributed to the employees effective June 1, 2004.

A motion was made by Trustee Virginia Adams and seconded by Trustee Anna Marie Barclay to approve the revisions to the Employee Manual. The motion carried by the following vote:
Trustee Robert Bausch - aye
Trustee Anna Marie Barclay-aye
Trustee Virginia Adams - aye
Trustee Paul Cooper - aye


OLD BUSINESS
1. A motion to appoint Frank Austin (38 Rochester Street) as a member of the Zoning Board of Appeals was made by Trustee Robert Bausch and seconded by Trustee Paul Cooper. The motion carried by unanimous vote.

2. A motion for the adoption of the Electric Budget was made by Trustee Robert Bausch and seconded by Trustee Virginia Adams. The motion carried by unanimous vote.

3. The proposal for the Sewer Rate Revision was tabled.


EXECUTIVE SESSION

A motion was made by Trustee Robert Bausch and seconded by Trustee Virginia Adams at 9:32 p.m. 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 Virginia Adams - aye
Trustee Paul Cooper - aye

Executive Session was entered at 9:35 p.m. (At this juncture, everyone exited except Board Members.)

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

Executive Session was exited at 10:09 p.m.


ADJOURNMENT

A motion to adjourn was made by Trustee Virginia Adams and seconded by Trustee Paul Cooper. The motion carried by the following vote:
Trustee Robert Bausch - aye
Trustee Anna Marie Barclay-aye
Trustee Virginia Adams - aye
Trustee Paul Cooper - aye

The meeting was adjourned at 10:10 p.m.

Respectfully submitted,
Tracy Jong
Administrator

A/P
T&A
GENERAL $ 3,320.43 GENERAL $ 7,309.21
REFUSE $ 2,003.00 REFUSE $ 0
ELECTRIC $ 68,827.05 ELECTRIC $ 5,022.48
SEWER $ 1,361.40 SEWER $ 3,290.19