July 18, 2005

A regularly scheduled meeting of the Board of Trustees was held on Monday, July 18, 2005, at the Village Hall. Mayor Maedl opened the meeting at 7:00 p.m. Also present were Deputy Mayor Conley, Trustees Bateman, Herriven, and Shuttleworth, DPW Superintendent Mahar, Police Chief Swick, Clerk-Treasurer Schweigert, and Daniel E. Seaman, attorney. Deputy Mayor Conley led the Pledge of Allegiance. There were several Village residents in attendance, as well. A motion was made by Deputy Mayor Conley, and seconded by Trustee Shuttleworth, to approve the minutes of May 16, 2005, meeting as distributed at the June 20, 2005, meeting. Carried. A motion was made by Trustee Bateman, and seconded by Deputy Mayor Conley, to authorize payment of bills submitted on Abstract No. 2-U. General: $46,238.03; Water: $14,049.95; Sewer: $9,687.81; Total: $69,975.79. Carried. A motion was made by Trustee Shuttleworth, and seconded by Trustee Bateman, to approve payrolls 3 and 4 for weeks ending July 2 and July 16, 2005. Carried. The Treasurer’s report was submitted and accepted for the month of June 2005. The Public Works’ report was submitted and accepted for the month of June 2005. The Village and Town Police reports were submitted and accepted for the month of June 2005, with Chief Swick reading the highlights. The Fire report was submitted and accepted for the month of June 2005. The fire department included statistical data regarding percentages of kinds of calls with their report. A motion was made by Trustee Bateman, and seconded by Deputy Mayor Conley, to abolish the position of Crossing Guard, due to the school reconfiguration. Carried. Civil Service will be notified. The following resolution was offered by Trustee Shuttleworth, who moved its approval, and seconded by Trustee Herriven: RESOLVED, that the Village Board hereby ratifies and legislatively approves a proposed collective bargaining agreement with Teamsters Local No. 264 for a term of four (4) years, June 1, 2005 – May 31, 2009, retroactive to June 1, 2005, as submitted. The vote was as follows: Ayes: 5; Nays: 0; Abstentions: 0; Absences: 0. The resolution was unanimously approved. Mayor Maedl received the following correspondence: A letter from Senator George Maziarz notifying the Village of a $10,000 grant from New York State toward a generator to be shared by the Village Hall and the fire department. We have received the paperwork to file for the grant. Mayor Maedl asked for the status of repairing or replacing the sidewalk on Mill Street. Chief Swick took pictures, which indicate there is a tree that the sidewalk goes around, making it too close to the road. Discussion ensued regarding the sidewalk. Per Mr. Seaman, if the tree is in the Village right-of-way, it can be removed. If it isn’t, perhaps the Village can get an easement to remove the tree. Jim Mahar will look into this. John Kiern, of 36 Mill Street, asked if the tree in front of 30 Mill could be checked to see if it should be removed, too. A motion was made by Trustee Herriven, and seconded by Trustee Bateman, to approve a 2004-2005 budget transfer in the amount of $540.17 from A1909.4 to A3120.11. Carried. Clerk Schweigert advised that Pastor Andy Pollock of the Middleport United Methodist has requested permission for MACCA to close Park Avenue from Vernon to Main on August 7 from 1 pm to 5 pm for a community ecumenical service. Approved. Clerk Schweigert advised the Board that Arch Paging no longer has the State contract for paging service in New York. The cost continues to increase. Verizon now has the contract. Current costs are $25 - $35 per quarter per pager; through Verizon it will be $16.50 per quarter per pager. A motion was made by Trustee Bateman, and seconded by Deputy Mayor Conley, authorizing changing paging service to Verizon through the New York State bid contract at a cost of $16.50 per pager per quarter year. Carried. Deputy Mayor Conley advised he wanted to go on record that he was very proud of Mayor Maedl and Attorney Seaman at the roundtable discussion held with the Agencies, FMC, the Village Board, MRAG & CAP on Thursday, July 14, 2005. They made it apparent that the Village wants closure on the arsenic study and remediation. Mayor Maedl advised we have set up an email list for contacting the State with questions for their weekly meetings. Trustee Shuttleworth met with DPW Superintendent Mahar about street repairs. They put together a list and observed the streets that need work. From CHIPS they want to repair Kelly Avenue from Church Street to the railroad tracks by milling binding and blacktopping. Francis Street needs attention from the bridge to Main Street. This area will also be included in CHIP at a cost of approximately $14,000 for materials for both projects. The Town of Royalton will assist with equipment and manpower, with Village personnel doing the bulk of the work. Centennial Street, Alfred Street, Mill Street (From N. Hartland to the Village line), Taylor Street, and Jackson Street will be patched and then slurry sealed. This will be from the regular Village 2005-2006 budget. Again, the Town of Royalton will assist Village personnel with manpower and equipment. Materials will be approximately $9,300 for this. Discussed valuable mutual aid agreement with Royalton for the past 3540 years, which has worked well. A motion was made by Trustee Herriven, and seconded by Deputy Mayor Conley, to approve the CHIPS projects for Kelly and Francis Streets as listed above. Carried. A motion was made by Deputy Mayor Conley, and seconded by Trustee Bateman, to carry out the repairs to Centennial, Alfred, N. Hartland, and Jackson Streets as listed above. Carried. Trustee Shuttleworth asked that Barden be contacted again regarding parking on Francis Street again. Mayor Maedl will call them. Attorney Seaman advised that if Barden is making parking lot improvements, they will need a building permit and site plan review. Trustee Shuttleworth advised that there is activity at Allen’s old garage on Telegraph Road. He has been in contact with Tom Arlington about this issue. Chief Swick passed along a report from Grace Swick regarding the recreation program. They are averaging 20-25 kids per day. There is a parking issue on Church Street. A resident parks a large trailer on side of street, making visibility difficult. Attorney Seaman advises that can be taken care of with DMV laws. Chief Swick would like to replace the radar units in both police vehicles, as the current ones are very old. The cost will be $1,600 per unit, based on state bid. He will use Stop DWI funds for this. Motion by Trustee Herriven, seconded by Deputy Mayor Conley, authorizing the purchase of two radar units at the cost of $1,600 each per state bid contract. Carried. John Kiern advised the Board that the Fire Department’s annual car show will be held Sunday, September 11, 2005. The usual authorities will be notified of street closures, as well as nearby residents, businesses, and churches. Mr. Keirn asked if a “children at play” sign with the picture could be put up at Mill Street. Mr. Mahar will take care of this. Mayor Maedl asked if the Fire Dept. has heard any work about the grant they’ve applied for to purchase the generator. A request came in for autodeposit, which is a good thing. Dick Kiehl, 85 S. Main Street, advised he was glad the Town of Royalton is working on the abandoned property on Watson Avenue with a lot of cats. This property is in the town, so the Village has no jurisdiction. He also asked about a property on Park Avenue where the owner hasn’t mowed the right-of-way. This will be referred to Tom Arlington. He also asked if anyone had received complaints about 44 Mill Street. No. Steve Walker, 16 Church Street, asked about the breakwall on both sides of the creek near his property. Who does this belong to? Attorney Seaman will review survey, but it probably belongs to Mr. Walker. It needs repair. Mr. Walker also wanted the Board to know he is unhappy about the campers at Greg Nellist’s property on S. Hartland Street. This will be discussed in Executive Session. He doesn’t care about the campers, but doesn’t feel it is right for the owners to use Village power, water, and sewer. Mayor Maedl said that the boaters’ donations cover the cost of electricity. Mr. Walker said he wasn’t concerned about the boaters, only the campers. The next Northwestern Frontier Association of Village Officials meeting Wednesday, July 20, 2005, with the Village of Middleport hosting. Next regular Board Meeting will be held on Monday, August 15, 2005, at 7:00 p.m. A motion was made by Trustee Bateman, and seconded by Trustee Shuttleworth, to move into Executive Session for the purpose of discussions regarding proposed, pending, and current litigation. Carried. Executive Session opened at 7:46 p.m. A motion was made by Deputy Mayor Conley, and seconded by Trustee Herriven, to return to regular session. Carried. Mayor Maedl reconvened the regular session at 8:00 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 8:00 p.m. Respectfully submitted, Rebecca A. Schweigert Clerk-Treasurer
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