September 19, 2005

A regularly scheduled meeting of the Board of Trustees was held on Monday, September 19, 2005, in the Village hall. In Mayor Maedl’s absence, Deputy Mayor Conley opened the meeting at 7:00 p.m. Also present were: Trustee Bateman, Trustee Herriven, Trustee Shuttleworth, DPW Superintendent Mahar, Police Chief Swick, Clerk-Treasurer Schweigert, and Daniel E. Seaman, attorney. Trustee Bateman led the Pledge of Allegiance. There were several Village residents in attendance, as well. A motion was made by Trustee Herriven, and seconded by Trustee Bateman, to approve the minutes of July 18, 2005, as distributed at the August 15, 2005, meeting. Carried. A motion was made by Trustee Bateman, and seconded by Trustee Shuttleworth, authorizing payment of bills on Abstract No. 4-U. General: $57,386.67; Water: $368.97; Sewer: $8,300.09; Total: $66,055.73. Carried. A motion was made by Trustee Herriven, and seconded by Trustee Shuttleworth, to approve payrolls 7 and 8, for weeks ending August 26 and September 10, 2005. Carried. The Treasurer’s report was submitted and accepted for August 2005. The Public Works report was submitted and accepted for August 2005. The Village and Town police reports were submitted and accepted for August 2005, with Police Chief Swick reading the highlights. The fire report was submitted and accepted for August 2005. Correspondence was read: received an email from the Clerk of the Town of Somerset regarding a temporary increase by the IRS for mileage during the period September 1 through December 31, 2005, to $0.485 per mile. No action taken as very little mileage is paid out. received a letter from the Optimists requesting use of the Village parking lot behind the Village Hall for their annual dog walk. Permission granted. Certificate of insurance will come from them. received notices from Mr. Ed’s, the Fire Department, and Pizza Place II of their intentions to renew their liquor licenses. Clerk Schweigert informed the Board that the Village was unable to make the switch to Verizon for pager service due to technical issues. Pagers have been sent back and service will continue with Arch Wireless. Trustee Bateman asked about the status of the union members getting uniforms. Clerk Schweigert advised that since they can only get uniforms if they are paid for by a payroll deduction and the Clerk’s office was instructed not to provide a payroll deduction that they will not be getting uniforms. Attorney Seaman updated the Board on the issues regarding Hammond Street. Title to this property will be transferred to the Naymans at 78 N. Hartland Street. This is tied into the Maedl subdivision. Naymans have maintained this property since 1990; they will also be getting property behind them from the Maedls. This property has no value to the Village as it is not now and never was a dedicated street. Attorney Seaman recommended this action at tonight’s meeting as Mayor Maedl is absent and, therefore, has no involvement with it. The following resolution was introduced by Trustee Herriven, who moved its adoption, and seconded by Trustee Shuttleworth WHEREAS, Paul D. Nayman and Beverly Nayman own a residential premises commonly known as 78 North Hartland Street, Middleport, New York, and WHEREAS, adjacent to and south of said premises is located a vacant parcel of land commonly known as Hammond Street, consisting of 49.5 feet of frontage and having a depth of 79.2 feet, and WHEREAS, said parcel of land is not and never has been utilized for street purposes and has not been dedicated, and WHEREAS, Naymans have maintained said premises since purchasing their property in 1990, and WHEREAS, the Village desires to utilize the southerly 25 feet thereof for water and sewer and general utility easements (underground) along with 25 feet of premises owned by Naymans (Tax Map No. 85.12-1-45) in connection with a proposed subdivision to the east, and WHEREAS, it is hereby determined that because of questionable title, the premises is of no value to the Village of Middleport and has a market value of $0.00, except for use for utility easement purposes as set forth, now, therefore, be it: RESOLVED, that the Village of Middleport transfer to Paul D. Nayman and Beverly Nayman, by Quit Claim Deed, said premises commonly known as Hammond Street, in consideration of One and No More Dollars ($1.00), provided that Naymans shall execute said Deed for the purpose of granting to the Village of Middleport a general utility easement over the south 25 feet of said parcel and shall further provide an easement over and across Tax Map No. 85.02-1-8.1 to service a proposed subdivision to the east, and be it further RESOLVED, that this transfer is conditioned on transfer of certain other lands from Robert and Julia Maedl to Naymans on such conditions and pursuant to said terms as they shall agree, and that all such transfers shall take place simultaneously. The roll call vote on the preceding resolution was as follows: Deputy Mayor Conley, aye; Trustee Bateman, aye; Trustee Herriven, aye; Trustee Shuttleworth, aye; Mayor Maedl: absent. The resolution was duly passed. Deputy Mayor Conley advised the Board that Mayor Maedl had contacted Barden Homes regarding the parking issue. Discussion ensued as Barden cannot force its employees to park off Francis Street. Perhaps limited no-parking is the solution. Police Chief Swick will give his recommendations at the October meeting as to the time limit of no parking and then Attorney Seaman will prepare a resolution to enact this. A resident on Church Street solved is parking issue by creating a spot on his front lawn. This violates Village Code. Code Enforcement Office Tom Arlington will be notified to handle this. Village resident Liz Wagner asked Mayor Maedl if the carpet could be cleaned at the Scout House as it has some spots. Discussion ensued. Clerk Schweigert will purchase a carpet cleaner so the rugs can be included in the regular cleaning schedule. Mayor Maedl advised Deputy Mayor Conley that she has received many positive comments about the paving job on Mill Street. Trustee Bateman asked why she sees so many young kids on bicycles without helmets. Police Chief Swick advised that it is a hard law to enforce. She also commented on the large groups of kids hanging out on Main and State Streets. Police Chief Swick replied that now that the owner of Fatty’s is cooperating, the kids will be moving along. Jim Volkosh, representing the Fire Department, thanked the Police and Public Works Departments for their help during the car show. He also provided the recommendations from the Fire Department that Mayor Maedl asked for to submit to the County for their task force committees for the emergency response plant. These will be included with the Village’s recommendations and submitted to the County. Mr. Volkosh also informed the Board that he had heard that New York City had adopted Niagara County’s emergency response plan to use for the city. He explained that the County will be developing and all hazards mitigation plan and will be inviting representatives from each municipality to help develop the plan. This is tied into Homeland Security monies. If a municipality is not involved in the plan, they will not get any money. Deputy Mayor Conley extended thanks from Mayor Maedl to everyone who helped make the Labor Day weekend festivities a success, including the Police and Public Works Departments. The next regular meeting of the Board of Trustees will be held on Monday, October 17, 2005, at 7:00 p.m. The next Northwestern Frontier Association of Village Offices meeting will be held on Wednesday, October 19, 2005, with the Village of Wilson as host. A special meeting regarding joint purchase of health insurance will be held on Wednesday, September 28 with Mayor Maedl and Clerk Schweigert attending. A motion was made by Trustee Herriven, and seconded by Trustee Bateman, to move into executive session to discuss proposed, pending, or current litigation. Carried. Executive session opened at 7:40 p.m. A motion was made by Trustee Herriven, and seconded by Trustee Bateman, to move back into general session. Carried. Deputy Mayor Conley reconvened general session at 8:48 p.m. There being no further business, a motion was made by Trustee Herriven, and seconded by Trustee Shuttleworth, to adjourn. Carried. Respectfully submitted, Rebecca A. Schweigert Clerk-Treasurer
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