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
August 11, 2004



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

Also present were Administrator Tracy Jong, Mr. & Mrs. Smith. Dale Leiter entered at 7:03 p.m. and Ernie Haywood arrived at 7:30 p.m. (Mr. Haywood exited at 8:10)


APPROVAL OF MINUTES

A motion to approve the minutes of the Regular Meeting of July 28, 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 - aye
Trustee Virginia Adams - aye
Trustee Paul Cooper - aye

APPROVAL OF BILLS

A motion to approve the bills as presented 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


TRUSTEE CONCERNS

The Board continued to express concern about moving the Town offices, Village anchors, out of the central business district. The Board discussed available square footage of commercial space in the vacant buildings. The members will submit ideas to the Town Council as to how vacant buildings might be effectively utilized for local government purposes.


BUDGET TRANSFERS

A motion to approve the budget transfers listed below 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
Trustee Paul Cooper - aye
Mayor Wayne Bailey - absent

GENERAL FUND
$1,495.00 from 5110.400A to 8560.400A
$1,207.78 from 5110.400A to 8560.100A

PRIVILEGE OF FLOOR

A motion was made by Trustee Robert Bausch and seconded by Trustee Virginia Adams to send a letter to Paul List giving general interest, availability of 3 acres and identification of sewer district issue.

The Board agreed to consider Ernest Haywood's request for an 8 foot easement along his property line rather than the 15 foot easement originally requested.


DPW SUPERVISOR'S REPORT

A motion to approve the DPW Supervisor's oral report was made by Trustee Paul Cooper 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

Highlights of the oral report included:

* DPW training will be completed with the Town of Ogden and Village of Spencerport
* catch basin cleaning and mowing have been projects taking most of the general fund time during this period
* electric pole construction continues along Rochester Street
* infrared scan of lines will be scheduled late summer or fall
* plow truck and bucket trucks have been ordered
* Spencerport Board approved the Village borrowing a plow truck until our new one arrives
* Genesee County Highway and the Village of Churchville offered back-up plow trucks


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


NEW BUSINESS

1.

RESOLUTION BY THE VILLAGE BOARD OF THE VILLAGE OF BERGEN CONCURRINGWITH AND APPROVING THE APPLICATION BY THE VILLAGE FOR A 2004 URBAN AND COMMUNITY FOREST PROGRAM GRANT

The following resolution was offered for adoption by Trustee Robert Bausch and seconded by Trustee Paul Cooper.

That Tracy Jong, as Administrator of Village of Bergen is hereby authorized and directed to file an application for 50% matching funds in an amount not to exceed $5,500.00 and upon approval of said request to enter into and execute a project agreement with the New York State Department of Environmental Conservation for such financial assistance to this municipality for $5,500.00 (total project amount approx. $11,000.)

Now, therefore, be it resolved, by the Village Board of the Village of Bergen, that the Board of Trustees does hereby approve and endorse this application of the Village of Bergen for a grant under The Urban and Community Forest Program for a comprehensive project in this community.

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

This Resolution shall take effect immediately.

The resolution carried by unanimous vote.

2. A motion to approve the appointment of Brett Blair to the Bergen Fire Department was made by Trustee Virginia Adams and seconded by Trustee Paul Cooper. The motion carried by unanimous vote.
3. A motion was made by Trustee Robert Bausch and seconded by Trustee Virginia Adams to adopt the Tree Maintenance Program. The motion carried by unanimous vote.
4. A motion was made by Trustee Robert Bausch and seconded by Trustee Virginia Adams to award copier contract to Eastern copy. The motion carried by unanimous vote.



OLD BUSINESS

1. Appointment of alternates to Planning and Zoning Board - tabled
2. Local Law on Parking Restrictions - tabled
3. Proposed Sewer Rate Revision - discussed and subcommittee's recommendations were adopted by motion of Trustee Robert Bausch and seconded by Trustee Paul Cooper. There was a unanimous vote of all present.
4. Proposed Local Law for Junk Vehicles - tabled pending proposal from the Village attorney.
5. Proposed Local Law for Recreational Burning - tabled
6.

A resolution extending the deadline for the payment of Real Property Taxes by eligible persons deployed by the military.

The following resolution was moved by Trustee Robert Bausch and seconded by Trustee Virginia Adams:

Be it enacted by the Board of Trustees of the Village of Bergen as follows:

Whereas, by reason of the enactment of §925-d of the Real Property Tax Law, a municipal corporation to which real property tax is owed is authorized, by passing a resolution, to extend any deadline with respect to the payment of such real property tax without penalties or interest where said tax is owed by a person who has been deployed by the military, or by the spouse or domestic partner of such deployed person, for real property of such deployed person; and

Whereas, a "person deployed by the military" is defined in RPTL §925-d to mean a person who has been ordered to active duty, other than training, for the period beginning with a declaration of war by Congress and ending with a date prescribed by Presidential proclamation or concurrent resolution of Congress or during any periods of combat designated by Presidential executive order or hazardous duty;

Now, therefore, be it resolved, that with respect to Village of Bergen real property tax owed by a person who has been deployed by the military, or by the spouse or domestic partner of such person, for real property of a person so deployed, any deadline with respect to the payment of such real property tax without penalties or interest shall be extended for a period of ninety (90) days after the end of such deployment; and be it further.

Resolved, that the Genesee County Director of Veterans Services shall notify the local commander of each United States Army, United States Navy, United States Air Force, United States Marine Corps, and United States Coast Guard office/unit, including the local Reserve and National Guard components, of this extension of deadline for the payment of the Village of Bergen real property tax, in order that those officials can notify their local soldiers, sailors, airmen and airwomen, and marines of this important issue and extension; and be it further.

Resolved, that the Village Clerk is directed to prepare and provide certified copies of this Resolution to the Genesee County Division of Real Property Tax Services and the Assessor of the Town of Bergen.

The resolution was adopted by unanimous vote.

7. The Administrator presented a Notice of Claim from Frontier. The claim has been forwarded to the Village attorney.
8. A motion was made by Trustee Robert Bausch and seconded by Trustee Virginia Adams to award the copier bid to Eastern Copier for a Konica 7145 model for $11,851.
9. A draft Tree Maintenance program was presented to the Board.
10.

Adoption of Local Laws. A resolution was offered for adoption by Trustee Robert Bausch and seconded by Trustee Virginia Adams to adopt:

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

Local Law No. 9 of the year 2004 - A Local Law Providing For the Amendment of the Village of Bergen Zoning Law

Local Law No. 10 of the year 2004 - A Local Law Providing For the Amendment of the Village of Bergen Local Law
for the Administration and Enforcement of the New York State Uniform Fire Prevention and Building Code of the Village of Bergen, New York (Local No. 1 of 1985), as amended

Whereas, a public hearing was held on August 11, 2004 and there were no comments from the public, and

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

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

The Board of Trustees hereby resolves as follows:

That it is in the best interest of the residents to adopt the aforementioned local laws 9 and 10 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:
Trustee Robert Bausch
Trustee Anna Marie Barclay-aye
Trustee Virginia Adams - aye
Trustee Paul Cooper - aye



ADJOURNMENT

A motion to adjourn was made by Trustee Robert Bausch 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 9:05 p.m.

Respectfully submitted,
Tracy Jong
Administrator

A/P
T&A
GENERAL $ 7,252.40 GENERAL $ 11,766.56
REFUSE $ 481.28 REFUSE $ 1,102.41
ELECTRIC $ 6,268.04 ELECTRIC $ 6,902.48
SEWER $ 3,358.10 SEWER $ 1,055.13