VILLAGE BOARD of TRUSTEES
Regular Meeting Minutes
June 9, 2004

The Regular Meeting of the Board of Trustees was called to Order by Mayor Wayne Bailey at 7:13 p.m. with the following present:
Trustee Anna Marie Barclay
Trustee Virginia Adams
Trustee Paul Cooper

Also present were Tracy Jong, Dale Leiter, Mr. & Mrs. Smith, Karen Musson, Deputy Daniel Yackeren, Kayla Sprague, Shannon Butler, Jeny Birge, and Tim Andrews. DPW Supervisor Joe Chimino arrived at 7:40 p.m.

Absent: Trustee Robert Bausch

APPROVAL OF MINUTES
A motion to approve the minutes of the Regular Meeting of May 26, 2004 was made by Trustee Anna Marie Barclay and seconded by Trustee Virginia Adams. The motion carried by the following vote:
Trustee Anna Marie Barclay-aye
Trustee Virginia Adams - aye
Trustee Paul Cooper - aye

APPROVAL OF BILLS
A motion to approve the bills was made by Trustee Virginia Adams and seconded by Trustee Paul Cooper. The motion carried by the following vote:
Trustee Anna Marie Barclay-aye
Trustee Virginia Adams - aye
Trustee Paul Cooper - aye

TRUSTEE CONCERNS
Trustee Barclay endorsed the Administrator's proposal for a Main Street renovation project and provided the name of a potential contractor to work with. Trustee Adams reported a pool at the property adjacent to the Craft Store and requested enforcement by the CEO.

DPW SUPERVISOR'S REPORT
A motion to approve the oral report of the DPW Supervisor was made by Trustee Virginia Adams and seconded by Trustee Anna Marie Barclay. The motion carried by the following vote:
Trustee Anna Marie Barclay-aye
Trustee Virginia Adams - aye
Trustee Paul Cooper-aye

(The DPW Supervisor exited at 8:01)

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

MAYOR'S REPORT
The Mayor announced the meetings for Black Creek Watershed & the Historical Marker dedication. He also proposed the closing of the Village Office on Friday, June 11, 2004, in observance of the national day of mourning for former President Ronald Reagan.

PRIVILEGE OF FLOOR
Deputy Daniel Yackeren introduced himself to the Board as the assigned Sheriff's Deputy for the 2004 summer season.

NEW BUSINESS

1) The following proclamation was offered by Mayor Wayne Bailey and seconded by Trustee Virginia Adams:

A Proclamation Giving Tribute to William Ferris
June 9, 2004
William Ferris embodies the essence of American values and a community leader. He served as the Director of the Gillam-Grant Community Center since 1974. He has given his time and resources to assisting the community and enriching the lives of our residents. He has assisted the elderly in so many ways from giving a ride, planning social activities, bringing a meal or just bringing a smile and some company to brighten their day. He has served our youth by developing an after-school and summer recreation program. He has served residents of all ages through development of a library, a community center and instructional courses. 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 William Ferris for his service to this community in the many forms it has taken. We proclaim June 18, 2004 as William Ferris Appreciation Day. Let this be a small token of our true appreciation for all he has shared.

The proclamation was unanimously endorsed by all present.

2) Resolution Amending Tax Warrant and Correcting Tax Bill for Town of Bergen SBL 3-1-62 (17 South Lake)

The following resolution was offered for adoption by Trustee Anna Marie Barclay and seconded by Trustee Paul Cooper:

WHEREAS, the Village adopted the January 1, 2004 Town tax roll for its June 1, 2004 property tax values, and

WHEREAS, the Town of Bergen is a municipality owning the property at 17 South Lake Street, and

WHEREAS, the Town of Bergen is entitled to a full exemption from property taxes for said property, and

WHEREAS, the Town tax roll erroneously failed to grant said full exemption to said property, and

WHEREAS, the County Real Property director has recommended correction of the tax bill,

IT IS HEREBY RESOLVED that the tax bill of $359.37 is corrected to reflect a tax due of $0, and the tax roll is corrected to grant a full property tax exemption to SBL 3-1-62 (17 South Lake Street), and

The tax warrant is amended to reflect a reduction in the tax collect of said amount.

OLD BUSINESS

1) Proposal for Sewer Rate Revisions
Trustees Bob Bausch and Virginia Adams reported to the Board as follows:

Mayor Bailey stated that he would like to see a partial exemption for fixed income residents.

Administrator Jong inquired about the basis for the positions and confirmed that the rate proposal would raise the same amount of money as the current rates.

The Administrator will present consumption based rate scenarios to the committee for review and discussion.

2) Adoption of Local Laws. A resolution was offered for adoption by Mayor Wayne Bailey and seconded by Trustee Anna Marie Barclay to adopt:

Whereas, the following local laws have been offered for adoption:

Local Law No. 6 of the year 2004 - A local law providing for the Regulation of Skateboards and Other Locomotion Devices.

Local Law No. 7 of the year 2004 - A local law providing for the Regulation of Loitering.

Local Law No. 8 of the year 2004 - A local law providing for the Regulation of Noise.

Whereas, a public hearing was held on June 9, 2004 and comments from the public were heard and considered, and

Whereas, the Village attorney has reviewed and approved said local law, and

Whereas, the Sheriff's Office has reviewed and commented on said local laws, and

The Board of Trustees hereby resolves as follows:

That the Board of Trustee hereby finds that it is in the best interest of the public to regulate loitering within the Village. The adoption of appropriate restrictions will assist in the prevention of crime and assure unobstructed access to public buildings, as well as sidewalks, streets and other public places within the Village.

That the Village Board determines that the creation of excessive an unreasonable danger in public places within the limits of the Village of Bergen is a detriment to the comfort, convenience, safety, health and welfare of the citizens of the Village and that persons within the Village are entitled to have uses of public property by others which are not detriment to life, health, welfare and enjoyment of property. Therefore, it intends hereby to prohibit all excessive and unreasonable dangers created by skateboards, in-line skates, scooters and other devices subject to its police power in order to preserve, protect and promote health, safety and welfare and the peace, quiet, comfort and repose of persons within the Village.

That the Village Board hereby finds that the making and creating of disturbing, excessive of offensive noises within the jurisdictional limits of the Village of Bergen is a condition which has persisted and the level and frequency of occurrences of such noises continues to increase. It is hereby declared to be the policy of the Board of Trustees of the Village of Bergen to prevent any unreasonable, loud, disturbing and unnecessary noise. These noises are a detriment to the public health, comfort, convenience, safety and welfare of the residents of the Village of Bergen. Every resident is entitled to an environment in which disturbing, excessive or offensive noise is not detrimental to his or her life, health or enjoyment of their property. The law is to be construed liberally but it is not intended to be construed so as to discourage the enjoyment by residents of normal, reasonable and usual activities.

That it is in the best interest of the residents to adopt the aforementioned local laws 6, 7, and 8 of 2004.

The Clerk is hereby directed to work with the Village attorney to immediately file said local laws with the Secretary of State.

The resolution carried by the following vote:
Mayor Wayne Bailey-aye
Trustee Anna Marie Barclay-aye
Trustee Virginia Adams - aye
Trustee Paul Cooper - aye

3) Appointment of alternates to Planning and Zoning Board - tabled

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

The meeting was adjourned at 8:15 p.m.

Respectfully submitted,
Tracy Jong
Administrator