Minutes

December 19, 2005

Body:
A regularly scheduled meeting was held on Monday, December 19, 2005, at the Village Hall. Mayor Maedl opened the meeting at 6:45 p.m. Also present were Deputy Mayor Conley, Trustee Bateman, Trustee Herriven, Trustee Shuttleworth, DPW Superintendent Mahar, Police Chief Swick, Clerk-Treasurer Schweigert, and Daniel E. Seaman, attorney. Trustee Herriven led the Pledge of Allegiance. There were students from the Albion School District and a couple of Village residents in attendance, as well. Mayor Maedl concurrently opened the public hearing regarding an increase in water rates and the public hearing regarding an increase sewer rates in the Village at 6:45 p.m. There being no comments, Mayor Maedl closed the public hearings at 6:46 p.m. At this time a site plan review was conducted by the Board regarding a proposed 4-unit apartment building at 37 Mechanic Street. The Board received a letter from attorney Dan Seaman disclosing that he has represented the applicants, Robert and Julia Maedl, and also represents the Village. He is not representing the Maedls on this matter. The Board also received a letter of full disclosure from Julia and Robert Maedl. As Julia Maedl is the Mayor, she has recused herself from any and all decisions regarding this issue. Robert Maedl alone will speak on their behalf regarding the proposed building. Deputy Mayor Conley presided over the site plan review. Attorney Seaman reviewed the original site plans prepared by Apex Consultants and had concerns regarding parking and New York State’s right-of-way along the canal. Due to this, the applicants have changed the plans for parking at this facility by expanding the existing lot at 35 Mechanic Street. This gets away from crowding the blue line of the canal. Permission would have to be sought from the New York State Thruway Authority if the State’s right-of-way was encroached upon. Mr. Mahar reviewed the water and sewer plans while Apex Consulting was on site at 37 Mechanic Street. The planned gravity sewer will work fine. It will be on the applicants’ property and will be maintained by the applicants. Mr. Seaman spoke with the Village’s engineers. As this will be only a 4-unit building, there are no apparent drainage issues. The applicants will make sure there are no problems and will solve any that do appear. The Village’s Local Waterfront Revitalization Plan (LWRP) must be taken into consideration for this matter. The building will not interfere with anything else, as it will be the last piece on the canal. The plans indicate it complies with the LWRP and Section 197-4-D of the Village Code. At this time Mr. Maedl and the Board discussed specifics regarding drainage. The Maedls will be putting in fill to build up the area. Mr. Maedl indicated that drainage will be directed toward his property and will conform to the existing drainage patterns. Code Enforcement Officer Tom Arlington indicated by letter that the plan meets Village zoning codes for setbacks, lot coverage, yard area, and parking requirements. Mr. Arlington also addressed concerns regarding the fire lane access. He is satisfied that a fire truck could get through the existing parking lot. Mr. Maedl explained that the blueprints are now being redone to include a cellar rather than a crawlspace, but this will not interfere with the outside plans as presented to the Board. The following resolution was offered by Trustee Shuttleworth, who moved its adoption, and seconded by Trustee Herriven: WHEREAS, an application has been submitted for a site plan for approval for a 4-unit apartment building as depicted on site plans by Apex Consulting, project No. 05210, for applicants Robert and Julia Maedl; and WHEREAS, a review having taken place by this Board of Trustees, it makes the following finding: This action is an unlisted action pursuant to SEQRA. A short form EAF has been submitted, and the Board finds it will not have an adverse effect on the environment and directs a negative declaration be issued; and FURTHER, the Board finds that this proposed action is consistent with the LWRP Chapter 197 of the Village Code and that the Village Board determines that it has taken into consideration all those factors in the LWRP Chapter 197-4 and makes the determination that this action is consistent with the Village’s LWRP and FURTHER finds the site plan as submitted is acceptable and approves the same as submitted. The vote on the preceding resolution was as follows: Ayes: Deputy Mayor Conley, Trustee Bateman, Trustee Herriven, Trustee Shuttleworth; Nays: none; Abstentions: none; absent: none. Mayor Maedl recused herself from the vote. The resolution was duly adopted. A motion was made by Deputy Mayor Conley, and seconded by Trustee Bateman, to approve minutes from October 17, 2005, meeting as distributed at November 21, 2005, meeting. Carried. A motion was made by Trustee Shuttleworth, and seconded by Trustee Herriven, to authorize payment of Claims submitted on Abstract No. 7-U: General: $61,385.40; Water: $7,140.09; Sewer: $13,857.97; Capital Improvement: $111; Total $82,494.46. Carried. A motion was made by Deputy Mayor Conley, and seconded by Trustee Herriven, to approve payrolls number 14 and 15, for weeks ending December 3 and December 17, 2005. Carried. A motion was made by Trustee Bateman, and seconded by Trustee Shuttleworth, to make the following budget transfers: To From Amount A5010.4 A1420.4 $1,000 A5110.4 A1420.4 $1,000 Total: $2,000. Carried. A motion was made by Trustee Herriven, and seconded by Trustee Shuttleworth, to authorize the Clerk-Treasurer to submit the sixth principal payment on January 2, 2006, for the EFC Water System Serial Bonds-2000. Payment to be made from the Sewer Account as follows: Principal: $20,000.00; Interest: $7,990.00 (maximum); Total: $27,990.00 (maximum). Carried. Treasurer’s report was submitted and accepted for the month of November 2005. Public Works’ report was submitted and accepted for the month of November 2005. Police reports for the Village and Towns were submitted and accepted for the month of November 2005, with Chief Swick reading the highlights. Fire report was submitted and accepted for the month of November 2005. A motion was made by Trustee Bateman, and seconded by Deputy Mayor Conley, to hold the Village Election on Tuesday, March 21, 2006. The polling place will be the Village Hall, and polls will be open from 12 o’clock noon until 9:00 p.m. Carried. Correspondence: Certified letter was received from Pony’s Irish Pub indicating they will be getting a liquor license for 23 Main Street. Notice received from the Tonawandas’ Council on the Arts that two Middleport groups received grants – the Community Choir and the Library. Clerk-Treasurer Schweigert reported on her meeting with the representative from the Teamsters regarding health insurance. Discussed possibility of the entire Board meeting with him either prior to the January 2006 meeting or at a budget meeting. Clerk will contact him and make arrangements. Mayor Maedl asked if the early shift is working. Mr. Mahar is satisfied with the results so far. He plans to extend it through January and February. Mayor Maedl asked for an update on the I and I issue. Mr. Mahar spoke with Jeff Telecky from Wendel. Violations will be incorporated in round two of inspections. Discussed issue regarding including violations in the report to the DEC. Dan Seaman will contact Jeff Telecky regarding this. Mr. Mahar updated the Board on the digester lid issue. Current issue is should the company and bond company be put on notice regarding the current problem. Discussed matter. Dan Seaman will contact Wendel regarding this. A motion was made by Trustee Bateman, and seconded by Trustee Herriven, to adopt Local Law No. 1 for the Year 2005 entitled “A Local Law Amending Water Rates Established by the Code of the Village of Middleport Sections 196-9 and 196-12.” A roll call vote was taken. Mayor Maedl: aye; Deputy Mayor Conley: aye; Trustee Bateman: aye; Trustee Herriven: aye; Trustee Shuttleworth. Carried. A motion was made by Trustee Herriven, and seconded by Trustee Shuttleworth, to adopt Local Law No. 2 for the Year 2005 entitled “A Local Law Amending Sewer Rents Established by the Code of the Village of Middleport Section 150-51(A).” A roll call vote was taken. Mayor Maedl: aye; Deputy Mayor Conley: aye; Trustee Bateman: aye; Trustee Herriven: aye; Trustee Shuttleworth. Carried. An update was given on the 2-hour parking issue. The Village received a letter from the NYSDOT approving this. They will be doing the signage; Mr. Mahar will coordinate this with them. Francis Street parking signs can go up at any time. Clerk-Treasurer Schweigert advised the Board of a seminar she attended the week before regarding GASB 45. This is a new accounting initiative, which recommends that municipalities begin a reserve account for future retirees’ health insurance. It will not be required by the State Comptroller’s office as yet, but if municipalities do not do this, it could affect bond ratings. We would be required to begin a reserve fund no later than May 2009. Attorney Seaman advised that this is a good idea. It probably should be done for current employees’ health insurance, too. Trustee Bateman announced that the American Legion and the Ladies’ Auxiliary will be having a welcome home open house for Village resident Glenn Sarnowski, who recently returned from a tour of duty in Iraq. It will be held on Sunday, January 15, 2006, from 1 –3 p.m. The Board is invited to attend. Mayor Maedl received Christmas greetings from Klaus Hermann from Lubbecke, Germany, along with a newspaper article with a photo of the Mayor of Lubbecke holding the Middleport banner presented to our German guests this past summer. Richard Owen, 3 Locust Drive, addressed the Board. He thanked Mayor Maedl for handling the garbage truck problem occurring on his street. He also thanked all of the Village employees for their hard work. Mayor Maedl announced that the next regular Board Meeting is Tuesday, January 17, 2006, at 7:00 p.m. (Due to the federal holiday, Martin Luther King Day, on January 16, 2006). A motion was made by Trustee Herriven, and seconded by Trustee Shuttleworth, to move into executive session for the purpose of discussions regarding proposed, pending, or current litigation. Carried. Mayor Maedl opened executive session at 7:35 p.m. A motion was made by Deputy Mayor Conley, and seconded by Trustee Bateman, to move back into general session. Carried. Mayor Maedl reconvened general session at 7:54 p.m. There being no further business, a motion was made by Trustee Herriven, and seconded by Deputy Mayor Conley, to adjourn. Carried. Meeting adjourned at 7:54 p.m. Respectfully submitted, Rebecca A. Schweigert Clerk-Treasurer
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