Minutes

February 21, 2006

Body:
A regularly scheduled meeting of the Board of Trustees was held on Tuesday, February 21, 2006, 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, ClerkTreasurer Schweigert, and Mike Benedict for Daniel E. Seaman, attorney. Trustee Bateman led the Pledge of Allegiance. There were a few Village residents in attendance, as well. Mayor Maedl opened the Public Hearing at 7:00 p.m. regarding a Local Law entitled “A Local Law amending Chapter 200 of the Code of the Village of Middleport and the Zoning Map of the Village of Middleport.” Clerk Schweigert read the notice. Mayor Maedl explained to those in the audience that this was a matter of housekeeping. When the zoning map was amended in 2002, there was a clerical error on two parcels, reversing which was commercial and which was residential. This amendment fixes that error. Cal Rhoney, 2 Taylor Street, remarked that if this is simple “housekeeping,” then it should be done. Mayor Maedl opened the Public Hearing at 7:05 p.m. regarding a Local Law entitled “A Local Law amending Chapter 163 of the Village Code entitled, “Streets and Sidewalks.” Clerk Schweigert read the notice. Cal Rhoney brought up the issue that sidewalk maintenance isn’t enforced in the Village right now. If the Village is going to require that no paving be done over sidewalks, then they should enforce the maintenance of sidewalks. Discussion ensued regarding this issue. Mayor Maedl remarked that there has been considerable progress made in the past 10 years in the improvements of Village sidewalks. A motion was made by Trustee Bateman, and seconded by Trustee Shuttleworth, to approve the minutes of the December 19, 2005, meeting as distributed at the January 17, 2006, meeting. Carried. A motion was made by Deputy Mayor Conley, and seconded by Trustee Herriven, to authorize payment of bills submitted on Abstract No. 9-U in the amount of General: $24,764.93; Water: $8,726.29; and Sewer: $9,226.35; for a Total of: $42,717.57. Carried. A motion was made by Trustee Herriven, and seconded by Trustee Shuttleworth, to approve payrolls 18 and 19, for weeks ending January 28 and February 11, 2006. Carried. A motion was made by Deputy Mayor Conley, and seconded by Trustee Herriven, to authorize the Clerk-Treasurer to make budget amendments as follows: X $18,900 increase in revenues to A2260 from the Hartland Police Contract; X increase in expenditures of $5,200 in line A3120.4, Police Contractual & Miscellaneous; X increase in expenditures of $10,000 in line A3120.12, Part-time Police Officer Personal Service. Increased expenditures to be financed by the revenue increase. Carried. A motion was made by Trustee Bateman, and seconded by Trustee Shuttleworth, to authorize the Clerk-Treasurer to make a budget transfer in the amount of $2,000 from A1990.4 to A5142.4. Carried. Treasurer’s report was submitted and accepted for the month of January 2006. Public Works report was submitted and accepted for the month of January 2006. Village and Town Police reports were submitted and accepted for the month of January 2006. Chief Swick read the highlights. Fire reports were submitted and accepted for the months of December 2005 and January 2006. Historian’s annual report for 2005 was submitted and accepted. Water and Sewer billing for the quarter ending February 1, 2006: Water: $63,407.22; Sewer: $62,545.02; Total: $125,952.24. The following resolution was offered by Trustee Herriven, who moved its adoption, and seconded by Trustee Bateman: RESOLVED, that the forthcoming General Village Election will be held on Tuesday, March 21, 2006, from 12:00 p.m. noon until 9:00 p.m. at the Village Hall, Middleport, New York. The following candidates were nominated for the office and term set forth before each name: SHAMROCK PARTY Trustee: Two-year term Theresa M. Kirkpatrick 95 S. Main Street Middleport, New York PEOPLE’S CHOICE PARTY Trustee: Two-year term Thomas C. Conley 61 State Avenue Middleport, New York RESOLVED, that this resolution shall be published in the official newspaper of the Village of Middleport on February 27, 2006. The vote on the foregoing resolution was as follows: Ayes: Trustee Conley, Trustee Bateman, Trustee Herriven, Trustee Shuttleworth and Mayor Maedl. Nays: None. Absent: None. The resolution was thereupon declared duly adopted unanimously. A motion was made by Trustee Herriven, and seconded by Trustee Shuttleworth, to appoint Trustee Bateman to the NWFAVO Health Insurance Committee. Carried. The following resolution as offered by Trustee Herriven – who moved its adoption, and seconded by Trustee Bateman, A Short Environmental Assessment Form dated January 17, 2006, having been prepared and filed by the Village of Middleport Board of Trustees, relative to a proposed Local Law entitled, “A Local Law amending Chapter 200 of the Code of the Village of Middleport and the Zoning Map of the Village of Middleport” and this form having been reviewed and considered, NOW, THEREFORE, THIS BOARD FINDS AS FOLLOWS: The Village of Middleport Board of Trustees is the Lead Agency. The action is an Unlisted Action, pursuant to the State Environmental Quality Review Act (SEQRA). This Board finds that this action will not have a significant adverse effect on the environment and, accordingly, directs that a Negative Declaration, pursuant to SEQRA, be issued. The vote on the foregoing resolution was as follows: Ayes: Trustee Conley, Trustee Bateman, Trustee Herriven, Trustee Shuttleworth and Mayor Maedl. Nays: None. Absent: None. The resolution was thereupon declared duly adopted unanimously. At this time Mayor Maedl closed the two public hearings at 7:22 p.m. A motion was made by Deputy Mayor Conley, and seconded by Trustee Shuttleworth, to Adopt Local Law No. 1 of 2006 entitled “A Local Law amending Chapter 200 of the Code of the Village of Middleport and the Zoning Map of the Village of Middleport.” Carried. The Local Law regarding streets and sidewalks was tabled at this time to enable more discussion regarding the matter. Correspondence was read: X Received notice of upcoming free rabies clinics sponsored by the County throughout the year. X Mayor Maedl received a notice form the County Manager’s office regarding some FEMA training to be held on March 7, 8, and 9. Clerk Schweigert will attend all three days; Mayor Maedl will try to attend at least one day. X Received a letter from the County Legislature Chair, Bill Ross, regarding this same issue. X Mayor Maedl has received regular emails from Tom Arlington regarding several issues in the Village. Trustee Bateman asked for an update on fixing the John Deere tractor. Supplies have arrived and it is being scheduled for repair. Trustee Bateman advised she had gotten a complaint about Art’s Used Cars. Mayor Maedl told her that Mr. Arlington has already been in contact with him. Cal Rhoney offered his services to work on a possible shared services grant through the States Small Cities grant. Mayor Maedl announced that the next regular Board meeting will be Monday, March 20, 2006. A motion was made by Trustee Herriven, and seconded by Trustee Shuttleworth, to move into Executive Session for the purpose of discussing proposed, pending, or current litigation. Carried. Mayor Maedl opened Executive Session at 7:43 p.m. A motion was made by Deputy Mayor Conley, and seconded by Trustee Herriven, to move back into general session. Carried. Mayor Maedl reconvened general session at 8:43 p.m. A motion was made by Trustee Herriven, and seconded by Trustee Bateman, to authorize Mayor Maedl to sign the contract to hire Attorney Joe Foltz at a rate of $165 per hour for consultation regarding Barden Homes’ expansion. Carried. A motion was made by Deputy Mayor Conley, and seconded by Trustee Herriven, to have a budget meeting on Saturday, March 4, 2006, at 8:30 a.m. in the Village Hall. Carried. A motion was made by Trustee Shuttleworth, and seconded by Deputy Mayor Conley, to adjourn. Carried. A motion was made by Deputy Mayor Conley, and seconded by Trustee Bateman, to accept Mr. Mahar’s recommendation to adjust the work hours at the Sewer Treatment Plant. Carried. Meeting adjourned at 8:47 p.m. Respectfully submitted, Rebecca A. Schweigert Clerk-Treasurer
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