Minutes

June 20, 2005

Body:
A regularly scheduled meeting of the Board of Trustees was held on Monday, June 20, 2005, in the Village Hall. Mayor Maedl opened the meeting at 7:00 p.m. Also present were Deputy Mayor Conley, Trustee Bateman, Trustee Herriven, Trustee Shuttleworth, Clerk-Treasurer Schweigert, DPW Superintendent Mahar, Police Chief Swick, and Daniel E. Seaman, attorney. Trustee Shuttleworth led the Pledge of Allegiance. There were several people in attendance, as well. A motion was made by Trustee Bateman, and seconded by Deputy Mayor Conley, to approve the minutes from the April 18, 2005, meeting as distributed at the May 16, 2005, meeting. Carried. A motion was made by Deputy Mayor Conley, and seconded by Trustee Herriven, to authorize payment of bills on Abstract 13-T as follows: General: $10,335.89; Water: $803.49; Sewer: $7,715.95; Total: $18,855.33. Carried. A motion was made by Trustee Bateman, and seconded by Trustee Shuttleworth, to authorize the following budget transfers from the 2004-2005 budget: TO FROM AMOUNT A1325.4 A1325.2 $ 420.51 A1325.41 A1325.2 $ 219.78 A1620.1 A3120.12 $1,382.22 A1620.44 A3120.12 $ 993.01 A1640.1 A9089.1 $ 107.52 A1640.1 A3120.12 $ 750.77 A1640.42 A1640.41 $ 209.55 A1640.42 A1640.2 $ 50.13 A1920.4 A1640.2 $ 46.34 A3120.41 A3120.44 $ 993.98 A3120.43 A3120.44 $ 63.06 A3120.44 A3120.12 $ 31.90 A3120.47 A3120.12 $ 891.68 A5110.1 A8140.1 $ 287.00 A5110.4 A1420.4 $ 815.18 A5110.43 A5182.4 $ 18.32 A5110.44 A5182.4 $ 115.10 A5142.4 A5182.4 $ 42.23 A5182.4 A8170.4 $ 951.92 A7110.1 A3120.12 $1,968.55 A7110.41 A7110.2 $ 41.81 A7180.4 A7110.4 $ 59.28 A7310.41 A1990.4 $1,291.59 A8170.1 A8140.1 $ 158.04 A8170.1 A8160.1 $ 297.69 A8170.1 A9089.1 $ 125.58 A8560.1 A3120.12 $ 310.98 F8310.14 F8340.1 $ 116.35 F9060.8 F8340.42 $3,662.34 G8130.1 G9089.1 $ 206.33 G8130.11 G9089.1 $ 147.34 G9030.8 G1990.4 $ 689.59 TOTAL: $17,465.67 Carried. A motion was made by Trustee Shuttleworth, and seconded by Deputy Mayor Conley, to authorize payment of bills on Abstract 1-U in the amount of: General: $42,346.21; Water: $5,235.32; Sewer: $9,145.62; Total: $56,727.15. Carried. A motion was made by Trustee Herriven, and second by Deputy Mayor Conley, to amend the 2005-2006 budget to create line A3120.14 in the amount of $420 for crossing guard payroll, to be funded by a transfer from A1490.11. Carried. A motion was made by Deputy Mayor Conley, and seconded by Trustee Bateman, to approve payroll No. 26, for the weekending May 22, 2005, payroll No. 1 for the weekending June 4, 2005, and payroll No. 2 for weekending June 18, 2005. Carried. A motion was made by Trustee Herriven, and seconded by Trustee Shuttleworth, to approve interest payment in the amount of $3,962.39 to M & T Investments for the Sewer Improvement Loan on July 1, 2005. Carried. The Treasurer’s report was submitted and accepted for the month of May 2005. The Public Works’ report was submitted and accepted for the month of May 2005. The Village and Town Police reports were submitted and accepted for the month of May 2005, with Chief Swick reading the highlights. The Fire report was submitted and accepted for the month of May 2005. A motion was made by Trustee Herriven, and seconded by Trustee Shuttleworth, to approve the Summer Youth Swim Program beginning July 5 through August 12, 2005. Swim program expenses to be shared equally between the Towns of Royalton and Hartland and the Village of Middleport. Carried. A motion was made by Trustee Bateman, and seconded by Trustee Shuttleworth, to approve Kathy Mullin as Swim Director at $12 per hour. Carried. A motion was made by Trustee Shuttleworth, and seconded by Trustee Herriven, to approve the Village Summer Recreation Program for the period July 11 through August 5, to be held at the Scout House. Carried. A motion was made by Deputy Mayor Conley, and seconded by Trustee Bateman, to approve Grace Swick as Recreation Aide at $9.50 per hour and Crystal Spears as Recreation Leader at $9 per hour for the Recreation Program. Carried. A motion was made by Trustee Bateman, and seconded by Trustee Shuttleworth, to proceed with sidewalk construction to reimburse property owners as stated in Local Law No. 2 for the year 1975 and resolution adopted March 16, 1992, and amended June 21, 2004, setting the amount of reimbursement to $2.50 per square foot of sidewalk replaced or fifty percent of the cost, whichever is less. Carried. Correspondence was read: We received a very nice note from an anonymous boater about how great the new bathrooms are and how nice it is to stay in Middleport. Mayor Maedl received a notice from the Canal Corporation reminding us that we cannot charge boaters to dock along the canal. Mayor Maedl received a request from Assemblywoman Sandra Lee Wirth to have residents sign a petition to have the current state laws regarding sex offenders be changed to include civil confinement. A resolution was included to support this law. The resolution was passed around for Board members to read. Mayor Maedl received a notice of a meeting on June 22 to stop the closing of the Niagara Falls Air base. Under old business, the Board discussed Jim Volkosh’s request about Mill Street. Chief Swick looked at the sidewalk. It is right next to the street. Discussion ensued regarding what could be done. If homeowners are interested in having the sidewalk moved, they will have to grant the Village easements. There were “Children at Play” signs there at one time; Chief Swick will see if they are still there. Mayor Maedl asked DPW Superintendent Mahar to get prices to move the sidewalk. We would want this done before school starts again. DPW personnel will be able to do the work. Mayor Maedl advised that she had received an access agreement from FMC to give them permission to use the end of Alfred Street to get to the area of the railroad tracks that are being remediated over the summer. Attorney Seaman reworded the agreement to include a section that the Village’s engineers would review the plans for drainage and the effect on the Village’s drainage system, to avoid the creation of problems. A motion was made by Deputy Mayor Conley, and seconded by Trustee Herriven, authorizing Mayor Maedl to sign the access agreement to use Alfred Street and Culvert 105. Carried. Discussed new restrooms behind Village Hall. They were used quite a bit over the Memorial Day holiday, especially prior to the parade. They are being used by more than just the boaters. Discussed status of 83-85 Telegraph Road. Still needs work done there. Tom Arlington will be contacted for status. Owners could be prosecuted under the Village’s yard maintenance law if they don’t comply. Mr. Mahar advised that he had spoken with the owner of the carwash on Telegraph Road about the sidewalks. They will be repairing them soon. Street maintenance work for east end of Francis Street and street repairs will not be done until the I & I survey is completed. Mayor Maedl is calling a meeting together between MRAG, the agencies, FMC, and the Village. Possible dates are July 13, 14, 15 or 19. The mayor would like all Trustees there, if possible. After discussion, decided the meeting will be held on July 14, 2005, at 2 pm in the Village Hall. Mayor Maedl will advise all appropriate parties. Chief Swick advised the Board that a Village resident, who wishes to remain anonymous, donated a defibrillator to the Police Department. A thank you will be sent. Trustee Shuttleworth advised that FMC is getting defibrillators, too. Perhaps joint training can be arranged. Marty Busch, 5 Church Street, addressed the Board. He advised that GrassrootsMiddleport will be selling 17 Main Street, now that the refurbishing they had planned is finished. He briefly recapped what they accomplished. The restoration of 17 Main is being used as an example by Tanya Ubitski of the State Preservation Fund to show what can be done. The group has found a buyer for 17 Main, and they want to donate the proceeds to the Village to set up a trust fund for business owners on Main and State Streets to have funding available façade upkeep to maintain the historic flavor of the area. The group was hoping that Attorney Seaman would be willing to give them legal advise and check out the sale contract for the building. Attorney Seaman agreed and said the endowment is a good idea. He will let the mayor know if he feels a committee should be set up for this. Trustee Shuttleworth advised that Roger Shaw had had old family movies from here in Middleport put on DVD and donated to the library. Mayor Maedl said she is working with the Rotary on showing it during the Labor Day festivities. DPW Superintendent Mahar updated the Board on the I and I inspections. Most of the houses are done; now the manholes and sewer mains will be done. Inspections have gone well, and they’ve found about 30-33 in violation. Discussed possibility of doing more than a fifth if inspections move along faster than planned. Dan Seaman said that the DEC probably would be against that. Mayor Maedl thanked the Public Works Department and the Police Department for their help over the Memorial Day weekend. It was the biggest crowd Middleport has seen in many years. The duck race is a bid draw. All Board members reviewed the resolution sent by Assemblywoman Wirth and decided to adopt it. The following resolution was offered by Trustee Herriven, who moved its adoption, and seconded by Deputy Mayor Conley WHEREAS, New York State has made great strives in reducing violent crime in recent years, and WHEREAS, the safety of our women and children is of the highest priority and any legislation that seeks to further protect them from sexual predators should be supported and passed, and WHEREAS, legislation has been introduced in the New York State Assembly that would provide for civil confinement of the most dangerous sex offenders and strengthen and expand the scope of Megan’s Law to provide additional safeguards to shield New Yorkers from sexual violence, and WHEREAS, civil confinement legislation would authorize judges, after a unanimous jury verdict, to order a sexually violent predator to be confined in a secure mental facility upon completion of a prison sentence upon a determination that the defendant has serious difficulty controlling his violent behavior (A.2693), and WHEREAS, convicted sex offenders would be prohibited from living within 1,000 feet of a school or school grounds (A.1654), and WHEREAS, a GPS tracking system would be implemented to monitor the actions and whereabouts of the most dangerous sex offenders (A.8158), and WHEREAS, law enforcement would be required, rather than simply permitted, to release information on Level 2 and Level 3 sex offenders to vulnerable populations (A.1654), and WHEREAS, the Division of Criminal Justice Services’ website would be expanded to include information on all registered sex offenders (A.1701), and WHEREAS, legislation introduced in the New York State Senate at the request of Governor Pataki would require lifetime registration of all sex offenders on the New York State Sex Offender Registry (S.3506A), THEREFORE, BE IT RESOLVED THAT the Board of Trustees of the Village of Middleport lends its support to the implementation of each of the above measures, and be it further RESOLVED that the Board of Trustees of the Village of Middleport does hereby urge the New York State Assembly to pass these measures, that New York State Governor George Pataki sign these bills into law when passed, and be it further RESOLVED that certified copies of this resolution be sent to the Niagara County Sheriff, the Niagara County District Attorney, New York State Attorney General’s Office, New York State Assembly Speaker Sheldon Silver, New York State Senate Majority Leader Joseph Bruno, Assemblywoman Sandra Lee Wirth, and New York State Governor George Pataki. The vote on the above resolutions was: Ayes: 4; Nays: 0; Abstentions: 0; Absent: none. The resolution was unanimously passed. Attorney Seaman reported on 31 Main Street. He contacted the referee of bankruptcy for this property. He will send a request to him to sign a release of stay so the property will be able to be put in the in rem foreclosure sale that Niagara County will be holding in fall of 2005. He will also be sending this request to the County. All of the back taxes will not need to be paid to sell this. The county will be able to start at zero on this. The building has possibility because of the location so it’s worth getting it back on the market. The next Northwester Frontier Association of Village Officials meeting will be held on Wednesday, July 20, with the Village of Middleport hosting. The next regular Board meeting will be on Monday, July 18, 2005, at 7:00 p.m. in the Village Hall. There being no other business, a motion was made by Trustee Herriven, and seconded by Trustee Shuttleworth, to adjourn. Carried. Meeting adjourned at 7:53 p.m. Respectfully submitted, Rebecca A. Schweigert Clerk-Treasurer
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