Minutes

August 21, 2006

Body:
A regularly scheduled meeting of the Board of Trustees was held on Monday, August 21, 2006, in the Village Hall. Mayor Maedl opened the meeting at 7:00 p.m. Also present were Trustee Bateman, Trustee Herriven, Trustee Kirkpatrick, Police Chief Swick, Clerk-Treasurer Schweigert, and Daniel E. Seaman, attorney. Deputy Mayor Conley was absent. Trustee Kirkpatrick led the Pledge of Allegiance. There were four Village residents present, as well. A motion was made by Trustee Herriven, and seconded by Trustee Bateman, to approve the July 17, 2006, meeting minutes. Carried. A motion was made by Trustee Bateman, and seconded by Trustee Kirkpatrick, to authorize payment of bills on Abstract 3-V in the amount of: General: $24,818.12; Water: $877.02; Sewer: $6,569.72; Total: $32,264.86. Carried. A motion was made by Trustee Herriven, and seconded by Trustee Bateman, to approve Payrolls No. 5 and 6 for periods ending July 29 and August 12, 2006. Carried. The Treasurer’s report was submitted and accepted for the month of July 2006. The DPW report was submitted and accepted for the month of July 2006. Mayor Maedl advised the Board that Perry Kickbush is doing an excellent job as temporary DPW Superintendent. He keeps her apprised of everything that is happening and makes sure she is aware of any problems. The Village and Town Police reports were submitted and accepted for the month of July 2006. Chief Swick read the highlights. The Fire report was submitted and accepted for the month of July 2006. The water and sewer billings for the quarter ending August 1, 2006, were: Water: $ 59,615.60; Sewer: $58,724.80; Total: $118,340.40. A motion was made by Trustee Bateman, and seconded by Trustee Kirkpatrick, authorizing Mayor Maedl to execute the Project Application from the New York State Division for Youth for the period January 1, 2007, to December 31, 2007, in the amount of $3,139. The amount of state aid to be received is $622. Carried. Correspondence was read: Received a news release from the Niagara County Health Department regarding West Nile Virus being found in North Tonawanda. Received 2006 annual Swim Program report. Received 2006 annual Recreation Program report. Grace Swick gave the highlights to the Board, and presented the Board with thank you notes that the children had written. She advised the Board that having Ashley Herriven there (earning credit for the Honor Society) was a great help during the program. Mayor Maedl has been in contact with the contractor who will be doing the brickwork on the public restrooms at the back of the Village Hall. He will be starting this week. She has received the grant money that the Tourism Committee received for this work, and has handed it over to the contractor to begin purchasing supplies. She advised the Board that Senator Maziarz has very generously allowed the Village to use the unused portion of the grant for the generator toward this brickwork. This will bring the total expense for the Village to about $1,500. The grant application for work at Margaret Droman Park was submitted on Friday, August 18, 2006. She is very optimistic that we will get this. Mayor Maedl received an offer from J. O’Connel & Associates to allow the Village to tie into the Town of Royalton’s contract for grant writing services. This would cost the Village $8,000 per year, payable on a quarterly basis. After much discussion, it was decided that the Village couldn’t afford this service at this time. Trustee Herriven thanked Grace Swick for the work she did on the Recreation Program. He heard much praise of the program in general and her in specific. He advised her that if there is anything she feels is needed for next year’s program, to either bring it to his attention or to the Board’s. Trustee Bateman advised that she was very impressed with what she’d seen. Attorney Seaman advised the Board that the digester lid issue has now become an emergency situation. The contractor, Nottingham Builders, has made several verbal commitments to make repairs, but to date, nothing has happened. Therefore, he recommends emergency action being taken. The following resolution was offered by Trustee Herriven, who moved its adoption, and seconded by Trustee Bateman, WHEREAS, an emergency exists and the engineer has prepared a contract for emergency repairs to the digester lid; and WHEREAS, competitive bidding will be dispensed with, this being a competitive bid to begin with, and WHEREAS, the engineers and attorney have been trying to get the contract to honor their work, NOW, THEREFORE, the Board of Trustees authorizes Mayor Maedl to execute the contract with Wendel Duchscherer to move forward on repairs to the digester lid, this work needing to be done before winter. The vote on the preceding resolution was as follows: Ayes: Trustee Herriven, Trustee Bateman, Trustee Kirkpatrick, and Mayor Maedl; Nays: none; abstention: none; absent: Deputy Mayor Conley. The resolution was duly carried. Should the Village be required to finance the repairs, the Board of Trustees will sue Nottingham Builders and the bond company for the cost. Discussed the proposal received from Wendel Duchscherer regarding Phase II of the I and I project. A motion was made by Trustee Herriven, and seconded by Trustee Kirkpatrick, to approve the proposal dated August 16, 2006, from Wendel Duchscherer for Phase II of the I and I project at a cost of no more than $15,500. Carried. Niagara Foods had a minor elevation of phosphorus in July. Mayor Maedl will send a letter citing 2 violations: 1. They didn’t notify us; 2. They went over the limit. A copy of this will be sent to Wendel, too. This demonstrates to the DEC that we are in compliance with our permit. During the sale of 36 N. Hartland Street, it became apparent that the driveway is encroaching on 10 feet of Village property. Attorney Seaman recommended that Mayor Maedl sign an encroachment agreement regarding this. A motion was made by Trustee Bateman, and seconded by Trustee Kirkpatrick, authorizing Mayor Maedl to sign the encroachment agreement regarding 36 N. Hartland Street. Carried. John Kiern, 36 Mill Street, gave an update about the Car Show, on behalf of the Fire Department. Mr. Kiern also brought up an issue regarding parking in front of the Basket Factory. Cars are parking directly in front of the restaurant, making it difficult for emergency vehicles to assist when called for aid. Chief Swick will check out the situation and advise the Board at the next meeting. Loretta Bensley, owner of the Gift Garden, announced the formation of the Middleport Business Association. Several local businesses have joined. The first event they will sponsor is the Labor Day Festivities in the Village. Their first fundraiser will be goat chip bingo during the festivities. There has been a great deal of enthusiasm regarding this Association. The next regular meeting will be on Monday, September 18, 2006, at 7:00 p.m. A motion was made by Trustee Herriven, and seconded by Trustee Bateman, to enter into Executive Session for the purpose of discussions regarding matters leading to the appointment, employment, promotion, demotion, discipline, suspension, dismissal or removal of a particular person or corporation. Carried. Mayor Maedl opened the Executive Session at 8:00 p.m. A motion was made by Trustee Bateman, and seconded by Trustee Herriven, to move back into General Session. Carried. Mayor Maedl reconvened the General Session at 8:45 p.m. A motion was made by Trustee Bateman, and seconded by Trustee Kirkpatrick, to hire Police Officer Roland Johnson as a full-time officer effective October 1, 2006, at a rate of $14 per hour plus benefits. Carried. Mayor Maedl advised the Board that Deputy Mayor Conley is away for training for approximately 9 weeks. During that time, Trustee Bateman will act as a substitute for the Mayor when she is unavailable. There being no further business, a motion was made by Trustee Bateman, and seconded by Trustee Kirkpatrick, to adjourn. Carried. Meeting adjourned at 8:50 p.m. Respectfully submitted, Rebecca A. Schweigert Clerk-Treasurer
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