Minutes

November 21, 2005

Body:
A regularly scheduled meeting of the Board of Trustees was held on Monday, November 21, 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, 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 residents in attendance as well. A motion was made by Deputy Mayor Conley, and seconded by Trustee Bateman, to approve minutes of Sept. 19 meeting as distributed at Oct. 17, 2005, meeting. Carried. A motion was made by Trustee Shuttleworth, and seconded by Trustee Herriven, to authorize payment of bills submitted on Abstract 6-U in the amount of: General, $25,733.42; Water: $549.23; Sewer: $7,812.93; Capital: $500; Total: $34,595.58. Carried. DPW Superintendent Mahar has questions about the Wendel Duchscherer bill. Treasurer instructed not to pay until Mr. Mahar is satisfied. A motion was made by Trustee Bateman, and seconded by Deputy Mayor Conley, to approve Payrolls 11, 12, & 13 for weeks ending October 26, November 5, and November 19, 2005. Carried. A motion was made by Deputy Mayor Conley, and seconded by Trustee Shuttleworth, authorizing budget transfers in the amount of $5,190 as follows: TO FROM AMOUNT A5110.4 A1640.2 $ 500 A5110.4 A5010.2 $1,000 A5110.4 A5110.2 $ 190.05 A5110.4 A7110.2 $ 500 A5110.4 A8140.2 $ 500 A5110.4 A8170.2 $ 500 A5112.2 A5110.2 $ 309.95 A7145.4 A7310.4 $ 94 A9015.8 A9010.8 $1,596 TOTAL: $5,190 Carried. A motion was made by Trustee Bateman, and seconded by Trustee Shuttleworth, to authorize the 14th principal payment on December 1, 2005, for the Water System Improvement Bonds. Payment to be made from the Water Account as follows - Principal: $75,000; Interest: $18,375; Total: $93,375. Carried. A motion was made by Trustee Herriven, and seconded by Deputy Mayor Conley, to authorize payment for New York State Retirement obligations on or before December 15, 2005, as follows: $31,036 Employees’ Retirement System & $18,696 Police Retirement System – total $49,732. Payment to be made from General, Water, and Sewer funds. Carried. Treasurer’s report submitted and accepted for the month of October 2005. Public Works report submitted and accepted for the month of October 2005. Christmas decorations will be put up the Monday following Thanksgiving. Police reports for the Village and Towns submitted and accepted for the month of October 2005, with Chief Swick reading the highlights. The fire report was submitted and accepted for the month of 2005. The water and sewer billing for quarter ending November 1, 2005: Water: $57,734.84; Sewer: $49,417.07; Total: $107,151.91. Correspondence was read: Received a notice soliciting comments from the NYS Public Service Commission regarding their Telecommunications Service Priority program. Received number of boaters from bridge attendant for summer 2005. Although not correspondence, Mayor Maedl thanked the Veterans and Boy Scouts for the wonderful ceremony and flag retiring service held on Memorial Day. The Auxiliary put on a great lunch, too. Trustee Herriven advised that the flag box is scheduled to be refurbished this winter. The following resolution was offered by Trustee Herriven, who moved its adoption, and seconded by Trustee Bateman, WHEREAS, authority was retained by the Board of Trustees pursuant to Sections 185-2 and 3 of the Village of Middleport Code to install and maintain additional traffic control devices; and NOW, THEREFORE, be it resolved that Section 8 of said Code be and the same hereby is amended, by not deleting therefrom, but rather by adding thereto, the following additional subdivisions: Section 185-8 (21) – No vehicle shall be parked on the north side of Francis Street between the east curb line of Kelly Avenue and a point 160 feet east therefrom between the hours of 8:00 a.m. and 6:00 p.m. Section 185-8 (22) – No vehicle shall be parked on the south side of Francis Street between the east curb line of Kelly Avenue and a point 130 feet east therefrom between the hours of 8:00 a.m. and 6:00 p.m. Section 185-8 (23) – No vehicle shall be parked on State Street between Vernon Street as extended and Main Street or on Main Street between Church Street or Park Avenue and the Erie Barge Canal for a period in excess of 2 hours. The voting on the above resolution was as follows: Ayes: 5, Nays: 0, Absent: 0, Abstentions: 0. The resolution was unanimously adopted. Attorney Seaman cautioned that Main and State Streets should not be posted until the State okays it. The Francis Street parking amendment is now in effect. Trustee Bateman introduced the Local Law to increase the water rates. A motion was made by Trustee Bateman, and seconded by Deputy Mayor Conley, to set a public hearing regarding this Local Law at 7:00 p.m. on Monday, December 19, 2005. Carried. Trustee Herriven introduced the Local Law to increase the sewer rates. A motion was made by Trustee Herriven, and seconded by Trustee Shuttleworth, to set a public hearing regarding this Local Law concurrent with the water public hearing at 7:00 p.m. on Monday, December 19, 2005. Carried. Trustee Bateman asked if the issue discussed at October’s meeting regarding changing DPW employees’ work hours to accommodate snow plowing had been addressed. Mayor Maedl and Trustee Shuttleworth met with DPW Superintendent Mahar regarding this. One employee will begin a trial schedule of working the hours of 5 am to 1:30 pm in December to see how it goes. The other two employees will begin at the regular 7:30 am start time. Mayor Maedl advised the Board that the Village was approached by the Eastern Niagara Power Project Alliance (ENPPA) regarding getting power and revenues from the relicensing of the Niagara Power Project. Discussion ensued as to the wisdom of joining this group. Attorney Seaman advised that the Village should join. A motion was made by Deputy Mayor Conley, and seconded by Trustee Shuttleworth, authorizing Mayor Maedl to execute the enrollment agreement with ENPPA, at a maximum cost of $5,000. Carried. Attorney Seaman advised the Board that an audit was done by ISO regarding the zoning in Middleport. We have been notified that our rating will be lowered from 4 to 5 unless updates are made. Jim Volkosh, as NC Fire Coordinator, explained that this rating probably should have been in place at the last review (about 15 years ago), but the auditor at that time did not take into consideration the 3-story buildings in the Village. Discussion ensued as to whether or not action needs to be taken, as the rating is comparable to other rural areas in the state. A motion was made by Deputy Mayor Conley, and seconded by Trustee Shuttleworth, to authorize Dan Seaman and the Fire Department to respond to this review. Carried. DPW Superintendent Mahar asked if the policy that sidewalks are not to be paved over could be put in writing. Mr. Seaman advised that it is already in the sidewalk code because approval is at Mr. Mahar’s discretion. Mr. Seaman will look into whether or not this should be changed. Jim Volkosh brought up the subject of installing a heavy-duty generator in the Fire Hall. Discussion ensued regarding tying the Village Hall into using this generator. Discussed the possibility of using the grant money from NYS to update the Village Hall to tie into the Fire Hall. The next regular meeting will be held on Monday, December 19, 2005, at 7:00 p.m. in the Village Hall. A motion was made by Trustee Herriven, and seconded by Trustee Bateman, to move into Executive Session for the purpose of discussions regarding past, present, or future litigation. Carried. Executive Session opened at 8:04 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 the general session at 8:14 p.m. Discussed memo from Wendel Duchscherer regarding the digester lid. A motion was made by Deputy Mayor Conley, and seconded by Trustee Herriven, to adjourn. Carried. Meeting adjourned at 8:18 p.m. Respectfully submitted, Rebecca A. Schweigert Clerk-Treasurer
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