Minutes

January 17, 2006

Body:
A regularly scheduled meeting of the Board of Trustees was held on Tuesday, January 17, 2006, in the Village Hall. Mayor Maedl opened the meeting at 7:00 p.m. Also in attendance were: Deputy Mayor Conley, Trustee Bateman, Trustee Herriven, Trustee Shuttleworth, DPW Superintendent Mahar, Police Chief Swick, Clerk-Treasurer Schweigert, and Daniel E. Seaman, attorney. Trustee Shuttleworth led the Pledge of Allegiance. There were a few Village residents in attendance as well. A motion was made by Trustee Bateman, and seconded by Trustee Shuttleworth, to approve minutes of November 21, 2005, as distributed at December 19, 2005, meeting, with a correction needed. Transfer was reversed and should read “from A9015.8 to A9010.8 in the amount of $1,596.” Carried. A motion was made by Deputy Mayor Conley, and seconded by Trustee Herriven, to authorize payment of Bills submitted on Abstract No. 8-U. General: $39,851.36; Water: $17,410.31; Sewer: $6,031.52; Total: $63,293.19. Carried. A motion was made by Trustee Bateman, and seconded by Trustee Shuttleworth, to approve payrolls no.16 and 17, for periods ending December 30, 2005, and January 14, 2006. Carried. The Treasurer’s report was submitted and accepted for the month of December 2005. The Public Works report submitted and accepted for the month of December 2005. DPW Superintendent Mahar asked the Board to review his request for repairs to the John Deere 4-in-1. Discussion ensued regarding the repairs and how they will be carried out. Mr. Mahar contacted two qualified welders. The first one told him how it should be fixed, but it was more than he wanted to do. The second quote was from Gasport Welding. Gasport Welding and the other man advised the same repair procedure. A company called Gammon in California makes this hinge for John Deere. The hinge is not available as a complete unit from John Deere or Gammon. Gammon will furnish this hinge in three pieces: right side, left side, and bottom. The purchase then would have a competent welder weld it up. The quote from Gasport Welding is quoted two ways: 1. Straighten and repair the bottom of the hinge $500 2. Middleport furnishes a new bottom for the hinge. Gasport Welding would remove the existing hinge and weld on the new one $981 Gammon wants $952 plus $150 to $200 trucking to furnish this material. Also, two skid plates at $57 each are needed. Total cost for second option: Bottom material $952 skid plates 2 @ $57 ea 114 welding fee bottom 981 shipping ($150-200) 200 (max) remove old & weld new skids 200 Total $2,447 max Mr. Mahar’s recommendation is to go with the second quote, as this will put this hinge in “like new” condition. The first option could be considered if the Village had intentions of replacing this tractor/backhoe unit in the near future. The replacement cost, even with salvage value of the existing unit, would be in the $65,000 range. A motion was made by Trustee Herriven, and seconded by Trustee Shuttleworth to authorize repairs based on the second quote from Gasport Welding, not to exceed $2,447. Carried. The Village and town police reports were submitted and accepted for the month of December 2005 with Chief Swick reading the highlights. The 2005 annual report was submitted, as well. Chief Swick asked the Board to read his report carefully. He also reminded the Board that the police contract with the Town of Royalton expires May 31, 2006. He advised Supervisor McHenry to plan on at least a 5 percent increase. Royalton may also help the Police Department to apply for another grant, possibly one for personal service under joint ventures. A motion was made by Deputy Mayor Conley, and seconded by Trustee Bateman to appoint Mayor Maedl as budget officer for the ensuing year. Carried. A motion was made by Trustee Bateman, and seconded by Trustee Shuttleworth, to appoint Rebecca A. Schweigert as Registrar and Vicky M. Demmin as Deputy Registrar for the period January 1, 2006, through December 31, 2007. Carried. A motion was made by Trustee Herriven, and seconded by Deputy Mayor Conley, to appoint Mrs. Pat Reale as election inspector and chairperson, and Mrs. Barbara Keirn and Mrs. Rosemary L. Bernard as election inspectors at a rate of $7.00 per hour. Carried. A motion was made by Trustee Herriven, and seconded by Deputy Mayor Conley, to authorize Mayor Maedl to execute the Fire Contract between the Town of Hartland, Middleport Volunteer Fire Co. No. 1, Inc., and the Village of Middleport for the period 1/1/2006 to 12/31/2006, in the amount of $32,625, following review and approval of Attorney Seaman. Carried. Correspondence: Received letter from Attorney Seaman advising what the Village could do to enforce preventing paving over sidewalks when residents have their driveways paved. Notice from Niagara County Refuse regarding an upcoming pesticide disposal opportunity they will be sponsoring. Update from Attorney Seaman regarding 31 Main Street. The following resolution was offered by Trustee Herriven, who moved its adoption, and seconded by Deputy Mayor Conley: WHEREAS a Local Law entitled “Section 163 of the Code of the Village of Middleport is hereby amended by Adding and Adopting the Following Section 163.8” as a need to enforce the care of sidewalks in the Village has been identified NOW, THEREFORE, BE IT RESOLVED that the Village Board has scheduled a public hearing for February 21, 2006, at 7:05 p.m. on the adoption of said proposed amendment to said Local Law. The vote on the above resolution was: Ayes: Mayor Maedl, Deputy Mayor Conley, Trustees Bateman, Herriven, and Shuttleworth; Nays: none; abstentions: none; absent: none. The resolution was duly carried. Trustee Shuttleworth thanked the Public Works Department for getting the parking signs up on Francis Street. He has had some residents express gratitude for the action. Mayor Maedl thanked the Legion and Auxiliary for the welcome home open house they held for resident Glen Sarnowski on Jan. 15. Mr. Sarnowski recently returned from a tour of duty in Iraq. Mayor Maedl informed the Board that she has a meeting with a representative from the Canal Corporation and Niagara County Legislator Mike Hill regarding what the C.C. can do to repair the canal wall and maybe include LWRP agenda items, such as power and hookups east of the lift bridge on the north side of the canal. Perhaps they can give us some money toward the brickwork for the new public restrooms. The following resolution was offered by Deputy Mayor Conley, who moved its adoption, and seconded by Trustee Shuttleworth: WHEREAS 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” having been introduced, and a Short Form Environmental Assessment Form dated January 17, 2006, having been prepared and filed by the Village of Middleport, relative to the proposed amendment to said Local Law, NOW, THEREFORE, BE IT RESOLVED that the Village of Middleport Village Board intends to act as lead agency. The action is an Unlisted Action pursuant to the State Environmental Quality Review Act (SEQRA), and further be it resolved That a Public Hearing be scheduled for February 21, 2006, at 7:00 p.m. on the adoption of said proposed amendment to said Local Law. The vote on the above resolution was: Ayes: Mayor Maedl, Deputy Mayor Conley, Trustees Bateman, Herriven, and Shuttleworth; Nays: none; abstentions: none; absent: none. The resolution was duly carried. Trustee Shuttleworth asked if anyone had any current information regarding the fire at 66 Main Street on January 6, 2006. Discussed clean up is going quickly and smoothly. Owner didn’t have insurance so may have difficulty doing anything with the building. Owner is working closely with Tom Arlington to make sure he follows Village code. Becky Rhoney, 2 Taylor Street, said she was at the meeting on behalf of her husband, Cal, who is the recently elected Royalton Town Councilman. He was unable to be at this meeting. He would like to see cooperation between the Town and Village at meetings. The next regular meeting of the Board of Trustees will be held on Tuesday, February 21, 2006, at 7:00 p.m. due to the Presidents Day Holiday. A motion was made by Trustee Herriven, and seconded by Trustee Bateman, to move into executive session for the purpose of discussing past, present, or future litigation. Carried. Executive Session opened at 7:55 p.m. A motion was made by Trustee Shuttleworth, and seconded by Trustee Bateman, to return to general session. Carried. Mayor Maedl reconvened the general session at 8:36 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 8:36 p.m. Respectfully submitted, Rebecca A. Schweigert Clerk-Treasurer
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