REGULAR MEETING. January 6, 2014

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REGULAR MEETING January 6, 2014 PRESENT: Mayor Robinson, Trustees Appleton, Barber and Marsh, Superintendent Stearns, Chief of Police Blythe, Building Inspector Hurlburt and Clerk Hoffmeister Trustee Wagner excused. Others Present: Gary Towner from the Country Courier, Fred Witkowski Mayor Robinson presided. Meeting was open with a salute to the flag. Minutes of previous meeting of December 16, 2013 were approved as submitted by email.

Fred Witkowski addressed the Board on behalf of the Vet s Club to inform them that they have donated back to organizations in Warsaw up to $5,000.00. The Mayor stated that the Vets Club in very appreciated. LEGION HALL USE: Received a letter from Wyoming County Alzheimer s Assoc regarding Walk to End Alzheimer s 2014 requesting the use of the Legion Hall on October 4, 2014 and to walk the same route as last year in the Village of Warsaw. TAXATION/ASSESSMENT: Received information and form to be completed for the services of Wyoming County Real Property Tax Office to produce roll and bills. POLICE REPORT Chief of Police Blythe stated that the department got thru the holidays without incident. Distributed the overtime report and stated that the majority of the overtime will be reimbursed by Stop DWI. The new Tahoe was taken to McClurgs for problems with oil pressure. BUILDING INSPECTOR REPORT: Distributed copy of letter to DiMatteo regarding the Falcone property. Have also discussed the issues with the neighbors to keep them informed. Mr Falcone will have 2 weeks from receipt of the letter to erect fence and have tree removed. Karson Heubusch has been informed to fill out application for his license renewal. It appears he has an issue with the performance bond. The Board has agreed that if he comes into compliance the issuing of the license will not be a problem and that they do reserve the right to request the bond, however will forgo if he is compliant. Karson must submit application by next regular meeting or he will be forced to close. Distributed taxable property totals for the past 5 years. Total amount of increase was $5,605,576.00. PUBLIC WORKS PROGRESS REPORT: STREETS Plowing and sanding streets and parking lots, hauled snow from the parking lots and Fire Hall, removed snow from the bridges, cleared snow from the fire hydrants, repaired a water leak on Humphrey St, cleaned the sanitary sewer on Rte 19 near the hospital, hauled snow from the business district, hauled grit from the Wastewater Facility, chipped Christmas trees, repairing and rebuilding a 4 yd dumpster and collected garbage and trash from the Erie Fire Hall. WATER DISTRIBUTION Daily checks and stakeouts, chlorine samples were taken daily in the NWD, plowing streets and loading snow to remove, repaired water leak on Humphrey St, Liberty St and Rte 19 near the hospital, replaced 12 main gate valve at Duncan Street, final readings as needed, read Industrial meters and located a main gate valve on Gouinlock St. WASTEWATER FACILITY Daily tests and maintenance, monthly samples and reports, WYCO discharged 16,000 gallons of septage, drew off 8,000 gallons of sludge to the drying beds, installed a new vacuum pump at the Commerce Way pump station and all six sanitary sewer pumps failed due to the main electrical feed line. Tree cutting specifications were prepared and will be open January 6, 2014. Faxed the Confined Space Policy to the New York State Department of Labor. Rebecca Ryan, Bob Martin and myself met at the south valley of the West Parking lot to establish the height of the wrought iron arch that is to be installed. Eighteen 4 benches

were delivered to the Village, then assembled. It has yet to be determined where to locate the benches. Department of Public Works employees deserve recognition for their efforts and lack of sleep as a result of snow removal and water leaks. Wastewater Facility employees experienced electrical failures to the sanitary sewer pumps causing them to work well beyond their normal hours. WATER TREATMENT FACILITY Daily tests were performed and results recorded, daily maintenance was performed and adjustments made as needed, power generator tested successfully, currently drawing water from Headwaters supply, could change at any moment due to inclement weather conditions such as heavy rain or snow melt, plant tour conducted on December 17, 2013 for the Regional Health Director and associates, submitted a request to the DEC for a renewal of the Headwaters cleaning permit and requested current pricing from several laboratories. BID OPENING AND AWARD: RESOLUTION #1 of 2014 Motion made by Trustee Appleton Seconded by Trustee Barber RESOLVED That the following bids for tree removal and trimming was received: Ken s Tree Service - $12,545.00 VanBuren - $11,000.00 Eastman s Tree Specialists - $10,250.00 FURTHER RESOLVED That upon recommendation from Superintendent Stearns, hereby accept low bid from Eastman s Tree Specialists for $10,250.00 LEGION HALL USE: RESOLUTION #2 of 2014 Motion made by Trustee Marsh Seconded by Trustee Barber RESOLVED That the following requested use of the Legion Hall be hereby approved: Oatka Valley Snowmobile Assoc 4/13/14 Landowner Appreciation picnic w/alcoholwaive fee Nikki Paddock 8/9/14 wedding reception w/alcohol Alzheimer s Assoc of WNY 10/4/14 fundraiser-walk to end Alzheimer s-waive fee PICNIC PAVILION w/alcohol: Paul Gardner 7/12/14 reunion

BUILDING AND FIRE CODE INSPECTIONS: 13 Fire Inspections submitted by Ingles MEETINGS: Budget Workshop Thurs 1/23 7:00 pm Village Office Fire Committee Mon 1/27 6:00 pm Fire Hall Police Committee Thurs 1/30 6:00 pm Village Office BUDGET APPROPRIATIONS: RESOLUTION #3 of 2014 Motion made by Trustee Appleton Seconded by Trustee Marsh RESOLVED That the following requested budget appropriations be hereby approved: Snow/Ice cutting edge (A5142.400) $ 767.80 Snow/Ice sand (A5142.400) 1,492.50 Snow/Ice- salt (A5142.400) 10,122.50 GARBAGE/REFUSE: The Board discussed commercial fees for items taken to the Recycle Center such as furniture and appliances. The commercial fees are double the cost for homeowners. The Board will look into why the fee schedule was set up this way and will make decision at next regular meeting if changes should be made. BUDGET TRANSFER: RESOLUTION #4 of 2014 Motion made by Trustee Barber Seconded by Trustee Marsh RESOLVED That the following budget transfer be hereby approved for repair of damages sustained in transit on fire truck: FROM TO AMOUNT A2680 A3410.400 $4,852.00

RESOLUTION #5 of 2014 TAXATION-ASSESSMENT /TAX ROLLS: Motion made by Trustee Appleton Seconded by Trustee Marsh RESOLVED That Wyoming County Real Property Tax Service is hereby authorized to produce tax roll and bills for the Village of Warsaw at a fee of $1.10 per parcel for the tax year 2013-14. ZONING BOARD OF APPEALS: RESOLUTION #6 of 2014 Motion made by Trustee Marsh Seconded by Trustee Wagner RESOLVED - Upon recommendation of Mayor Robinson approve the appointment of Fred Humphrey of as member to Village and Town of Warsaw Joint Zoning Board of Appeals. The Mayor suspended the Village Board meeting to convene the Public Hearing at 8:00 p.m. PUBLIC HEARING: Increasing the term of office of Trustees from Two Years to Four Years The Mayor stated that the cost of elections is the primary reason for this change. After this year s election the Village is no longer permitted to use the old style lever voting machines. The ballots for the new voting machines are very expensive and set up cost is higher. No comments from the forum Public Hearing closed at 8:04 p.m. Regular meeting reconvened at 8:04 p.m.

RESOLUTION #7 of 2014 RESOLUTION AUTHORIZING THE ADOPTION OF LOCAL LAW NO. 1 OF 2014 ENTITILED, INCREASING THE TERM OF OFFICE OF TRUSTEE FROM TWO YEARS TO FOUR YEARS Adopted January 6, 2014 WHEREAS, the Village Board of the Village of Warsaw met at a regular board meeting at the Fire Hall in the Village of Warsaw, New York on January 6, 2014, commencing at 7:30 p.m. and thereafter a public hearing was held at 8:00 p.m. at which time and place the following members were: Present Mayor Robinson TrusteeAppleton TrusteeBarber Trustee Marsh Absent: Trustee Wagner WHEREAS, all Board Members, having due notice of said meeting, and that pursuant to Article 7, 104 of the Public Officers Law, said meeting was open to the general public and due and proper notice of the time and place whereof was given as required by law; and WHEREAS, a resolution was duly adopted on December 16, 2013 by the Village Board of the Village of Warsaw authorizing a public hearing to held by the Village Board on the 6 th day of January 2014 at 8:00 p.m. at the Village Hall to hear all interested parties on a proposed Local Law entitled, Increasing the Term of Trustee from Two Years to Four Years; and WHEREAS, notice of said public hearing was duly advertised in the official newspaper of said Village; and WHEREAS, said public hearing was duly held on the 6 th day of January 2014 at 8:00 p.m. at the Fire Hall and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed local law, or any part thereof; and WHEREAS, the Village Board of the Village of Warsaw, after due deliberation, finds it in the best interest of said Village to adopt said local law. NOW ON MOTION OF Trustee Marsh which has been duly seconded by Trustee Appleton, NOW, BE IT RESOLVED, that the Village Board of the Village of Warsaw hereby adopts said Local Law No. 1 of 2014, entitled Increasing the Term of Office of Trustee from Two Years to Four Years; and be it further RESOLVED, that said local law is subject to a permissive referendum and shall become effective in thirty (30) days after its adoption, or, thereafter, upon approval by the affirmative vote of a majority of the qualified electors of the Village voting on such proposition for its approval, if within thirty (30) days after its adoption there is filed with the Village Clerk a petition signed and acknowledged by electors in the Village in number equal to at least twenty per centum of such electors in the Village, as shown on the register of electors for the previous general village election, protesting against such act or resolution and requesting that it be submitted to the electors of the Village for their approval or disapproval; and be it further

RESOLVED, by the Village Board of the Village of Warsaw that this resolution shall not take effect until thirty (30) days after its adoption or until approved by the affirmative vote of a majority of the qualified electors of the Village of Warsaw; and be it further RESOLVED, that the Village Clerk be and she hereby is directed to publish an abstract of this resolution in the official newspaper of the Village of Warsaw within (10) days of the adoption of same. Ayes: 4 Nays: 0 The Mayor suspended the Village Board meeting to convene the Public Hearing for Local Law #2 of 2014 PUBLIC HEARING: Increasing the term of office of Mayor from Two Years to Four Years No comments from the forum Public Hearing closed at 8:15 p.m. Regular meeting reconvened at 8:15 p.m. RESOLUTION #8 of 2014 RESOLUTION AUTHORIZING THE ADOPTION OF LOCAL LAW NO. 2 OF 2014 ENTITILED, INCREASING THE TERM OF OFFICE OF MAYOR FROM TWO YEARS TO FOUR YEARS Adopted January 6, 2014 WHEREAS, the Village Board of the Village of Warsaw met at a regular board meeting at the Fire Hall in the Village of Warsaw, New York on January 6, 2014, commencing at 7:30 p.m. and thereafter a public hearing was held at 8:15 p.m. at which time and place the following members were: Present: Absent: Mayor Robinson TrusteeAppleton TrusteeBarber Trustee Marsh TrusteeWagner

WHEREAS, all Board Members, having due notice of said meeting, and that pursuant to Article 7, 104 of the Public Officers Law, said meeting was open to the general public and due and proper notice of the time and place whereof was given as required by law; and WHEREAS, a resolution was duly adopted on December 16, 2013 by the Village Board of the Village of Warsaw authorizing a public hearing to held by the Village Board on the 6 th day of January 2014 at 8:15 p.m. at the Village Hall to hear all interested parties on a proposed Local Law entitled, Increasing the Term of Mayor from Two Years to Four Years; and WHEREAS, notice of said public hearing was duly advertised in the official newspaper of said Village; and WHEREAS, said public hearing was duly held on the 6 th day of January 2014 at 8:15 p.m. at the Fire Hall and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed local law, or any part thereof; and WHEREAS, the Village Board of the Village of Warsaw, after due deliberation, finds it in the best interest of said Village to adopt said local law. NOW ON MOTION OF Trustee Marsh which has been duly seconded by Trustee Appleton, NOW, BE IT RESOLVED, that the Village Board of the Village of Warsaw hereby adopts said Local Law No. 2 of 2014, entitled Increasing the Term of Office of Mayor from Two Years to Four Years; and be it further RESOLVED, that said local law is subject to a permissive referendum and shall become effective in thirty (30) days after its adoption, or, thereafter, upon approval by the affirmative vote of a majority of the qualified electors of the Village voting on such proposition for its approval, if within thirty (30) days after its adoption there is filed with the Village Clerk a petition signed and acknowledged by electors in the Village in number equal to at least twenty per centum of such electors in the Village, as shown on the register of electors for the previous general village election, protesting against such act or resolution and requesting that it be submitted to the electors of the Village for their approval or disapproval; and be it further RESOLVED, by the Village Board of the Village of Warsaw that this resolution shall not take effect until thirty (30) days after its adoption or until approved by the affirmative vote of a majority of the qualified electors of the Village of Warsaw; and be it further RESOLVED, that the Village Clerk be and she hereby is directed to publish an abstract of this resolution in the official newspaper of the Village of Warsaw within (10) days of the adoption of same. Ayes: 4 Nays: 0

Fred Witkowski asked about the closing of the west hill this year and if we knew for how long. Superintendent Stearns stated that they would start late spring or early summer and it would continue for one construction season. Police Chief Blythe stated that he received a letter and said that it stated closing for about 4 or 5 months beginning in May. AUDIT AND PAY BILLS: RESOLUTION #9 of 2014 Motion made by Trustee Barber Seconded by Trustee Appleton RESOLVED That the bills be allowed as read; that checks in payment thereof be issued, that Mayor Robinson be and hereby is authorized to sign General Abstract #15 in the amount of $33,040.79, Water Abstract #15 in the amount of $6,423.92 and Sewer Abstract #15 in the amount of $3,764.77. Moved and Seconded to adjourn at 8:19 p.m Linda K Hoffmeister, Clerk