Minutes

June 19, 2006

Body:
A regularly scheduled meeting of the Board of Trustees was held on Monday, June 19, 2006, in the Village Hall. Mayor Maedl opened the meeting at 6:00 p.m. Also present were Deputy Mayor Conley, Trustee Herriven, Trustee Kirkpatrick, DPW Superintendent Mahar, Police Chief Swick, Clerk-Treasurer Schweigert, and Daniel E. Seaman, attorney. Trustee Bateman arrived at 6:50 p.m. Trustee Kirkpatrick led the Pledge of Allegiance. Also present were: Margaret Droman, 12 Vernon Street Elmer & Elizabeth Wagner, 7 Washington Street A motion was made by Deputy Mayor Conley, and seconded Trustee Kirkpatrick, to move into executive session for the purpose of discussions regarding the medical history of a particular person. Carried. Executive Session opened at 6:00 p.m. A motion was made by Trustee Kirkpatrick, and seconded by Deputy Mayor Conley, to move back into general session. Carried. Mayor Maedl reconvened general session at 6:32 p.m. A motion was made by Trustee Herriven, and seconded by Trustee Kirkpatrick, to approve minutes from the May 15, 2006, meeting, distributed at June 13, 2006, meeting. Carried. A motion was made by Deputy Mayor Conley, and seconded by Trustee Kirkpatrick, to authorize payment of bills submitted on Abstract No. 13-U. General: $12,508.25; Water: $555.40; Sewer: $5,408.13; Total: $18,471.78. Carried. A motion was made by Trustee Herriven, and seconded by Deputy Mayor Conley, to authorized budget transfers in the amount of $31,832.56 for Abstract 13-U as follows: FROM TO AMOUNT A1320.4 A9901.91 $1,000.00 A1325.2 A1325.4 $1,517.14 A1420.4 A9901.9 $10,000.00 A1440.4 A1640.4 $3,348.05 A1620.4 A9901.91 $8,000.00 A1910.4 A1920.4 $100.00 A1990.4 A1325.1 $1,000 A1990.4 A1640.4 $445.74 A5010.4 A5110.4 $299.82 A5410.4 A5182.4 $2,259.31 A5410.4 A9060.8 $1,704.15 A8560.4 A7110.4 $352.17 A8560.4 A7180.4 $803.06 A8560.4 A8989.4 $276.56 A9040.8 A9030.8 257.70 F9060.8 F9030.8 $17.36 G8130.41 G8130.4 $451.50 Total: $31,832.56 Carried. A motion was made by Trustee Kirkpatrick, and seconded by Trustee Herriven, to make an interfund transfer of $25,000 from the General Fund to the Water Fund for the 2005-2006 budget year. Carried. A motion was made by Deputy Mayor Conley, and seconded by Trustee Kirkpatrick, to authorize an interfund transfer of $10,000 from the General Fund to the Water Fund for the 2005-2006 budget year. Carried. A motion was made by Trustee Herriven, and seconded by Deputy Mayor Conley, to authorize payment of bills submitted on Abstract No. 1-V. General: $50,957.32; Water: $3,425.52; Sewer: $6,287.67; Total: $60,670.51. Carried. A motion was made by Trustee Kirkpatrick, and seconded by Trustee Herriven, to approve payroll No. 26 for weekending May 22, 2006, payroll No. 1 for weekending June 4, 2006, and payroll No. 2 for weekending June 17, 2006. Carried. A motion was made by Trustee Herriven, and seconded by Trustee Kirkpatrick, to approve interest payment of $3,962.39 to M & T Investments on the Sewer Improvement Loan on July 1, 2006. Carried. Treasurer’s report submitted and accepted for the month of May 2006. Public Works report submitted and accepted for the month of May 2006. Village and Town Police reports submitted and accepted for the month of May 2006. Fire report submitted and accepted for the month of May 2006. A motion was made by Trustee Herriven, and seconded by Trustee Kirkpatrick, to authorize Mayor Maedl to execute the Summer Youth Swim Program contract with the Towns of Royalton and Hartland. Swim program expenses to be shared equally between the Towns of Royalton and Hartland and the Village of Middleport. Carried. A motion was made by Deputy Mayor Conley, and seconded by Trustee Kirkpatrick, to approve the Summer Youth Swim Program beginning July 3 through August 11, 2006. Carried. A motion was made by Trustee Herriven, and seconded by Deputy Mayor Conley, to approve Kathy Mullin as Swim Director at $12.50 per hour. Trustee Kirkpatrick recused herself from the vote. A motion was made by Deputy Mayor Conley, and seconded by Trustee Herriven to approve the following individuals to the positions of Swim Instructor: Jill Crosby at a rate of $10.50 per hour; Tristan Heschke at a rate of $7.00 per hour; Meaghan Morse at a rate of $6.75 per hour; and Holden Wagner at a rate of $6.75 per hour. Carried. A motion was made by Trustee Herriven, and seconded by Deputy Mayor Conley, to create the position of lifeguard. Carried. A motion as made by Trustee Herriven, and seconded by Trustee Kirkpatrick, to Approve Summer Recreation program for the period July 10 through August 4 to be held at the Scout House. Carried. A motion was made by Deputy Mayor Conley, and seconded by Trustee Herriven, to approve Grace Swick as Recreation Aide at $10.00 per hour and Crystal Spears as Recreation Leader at $9.50 per hour for the Recreation program. Carried. A motion was made by Trustee Kirkpatrick, and seconded by Trustee Herriven, to authorization to proceed with sidewalk construction to reimburse property owners as stated in Local Law No. 2 for the year 1975 and resolution adopted March 16, 1992, and amended June 21, 2004, setting the amount of reimbursement to $2.50 per square foot of sidewalk replaced or fifty percent of the cost, whichever is less. Carried. Correspondence was read: Received a letter from James Mahar that he will be retiring from the position of DPW Superintendent effective July 1, 2006. Accepted with regrets. Received a letter of resignation from Officer Robert Richards effective June 16, 2006. Accepted with regrets. Mr. Mahar reported that the work has been completed by Greg Nellist to allow the Village Hall to tie into the Fire Department’s generator in case of a power outage. Discussed the purchase of a generator for the Sewer Treatment Plant. Mr. Mahar got quotes from Outdoor Power Equipment and Rankies, Inc. as follows: From Outdoor Power Equipment: Model EB 6500 for $1,949 or Model ES 6500 for $2,499. From Rankies, Inc: Model EB 6500 for $2,375 or Model ES 6500 for $2,795. Both of the models from Rankies would have additional freight charges. The Model ES 6500 would better suit the needs of the Sewer Treatment Plant. A motion was made by Deputy Mayor Conley, and seconded by Trustee Herriven to purchase a Model ES 6500 generator from Outdoor Power Equipment for a cost of $2,499. Carried. This cost will be covered by the grant from Senator Maziarz for the purchase of a generator. Mayor Maedl advised the Board of a new Middleport Business Association being organized by Legislator Mike Hill. To date they have had three meetings and have a fourth meeting planned for July. This group will take over organizing the Labor Day Weekend Festivities in Middleport. They are planning a “cow chip bingo” fundraising event and may hold it at the old Gould property. Reviewed a resolution that would support Great Lakes legislation. Deputy Mayor Conley offered the following resolution, with a second by Trustee Herriven, WHEREAS it is extremely important to the health and welfare of the citizens of the Western New York to receive protection under the law, and WHEREAS the United States of America and Canada entered into the Great Lakes Water Quality Agreement in 1978, and WHEREAS Great Lakes Water Quality Agreement of 1978 states, “The discharge of toxic substances in toxic amounts be prohibited and the discharge of any or all persistent toxic substances by virtually eliminated,” and WHEREAS New York State has an opportunity to enact legislation that will prevent toxic substance discharges to the Great Lakes System from hazardous waste disposal facilities, and WHEREAS the intent and letter of the Great Lakes Water Quality Agreement of 1978 should be reflected in the state’s hazardous waste siting requirements, and WHEREAS it is the sincere desire of the Village of Middleport Board of Trustees, representing the citizens of Middleport, to respectfully request that the State of New York enact legislation that ensures new hazardous waste facilities cannot discharge persistent toxic substances into the Niagara River, Lake Ontario, and other Great Lake System waterways in Niagara County, NOW, THEREFORE, BE IT RESOLVED that the Village of Middleport Board of Trustees implores the State of New York to amend ECL Section 27-1109 (State siting requirements) by adding a new subdivision 7 stating: ‘NOTWITHSTANDING ANY OTHER PROVISION OF THIS TITLE, NO NEW OR PENDING APPLICATION FOR A DISPOSAL FACILITY SUBMECT TO SECTION 27-1105 OF THIS TITLE SHALL BE SITED IN A LOCAITON WITH POTENTIAL TO DISCHARGE TO THE GREAT LAKES SYSTMES, AS THAT TERM IS DEFINED IN TITLE 33 OF THE UNITED STATES CODE” and be it further RESOLVED that copies of this resolution be forwarded to the Village of Middleport’s State Legislative delegation, the Governor, and the State Attorney General, and that a response be requested from each elected official. The vote on the preceding resolution was as follows: Ayes: Deputy Mayor Conley, Trustee Bateman, Trustee Herriven, Trustee Kirkpatrick, and Mayor Maedl. Nays: none. Abstained: none. The resolution was unanimously passed. Chief Swick presented a certificate of appreciation to Officer Roland Johnson for his participation in a standoff on Mountain Road that occurred in August 2005. The next NWFAVO meeting will be Wednesday, July 19, 2006, with the Village of Albion as host. The next regular meeting of the Board of Trustees will be held on Monday, July 17, 2006, at 7:00 p.m. A motion was made by Trustee Herriven, and seconded by Trustee Kirkpatrick, to return to Executive Session for the purpose of discussions regarding proposed, pending, and current litigation. Carried. Executive Session was opened at 7:05 p.m. A motion was made by Deputy Mayor Conley, and seconded by Trustee Herriven, to return to general session. Carried. Mayor Maedl reconvened the general session at 7:25 p.m. There being no further business, a motion was made by Deputy Mayor Conley, and seconded by Trustee Bateman, to adjourn. Carried. Meeting adjourned at 7:25 p.m. Respectfully submitted, Rebecca A. Schweigert Clerk-Treasurer
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