Minutes

November 20, 2006

Body:
A regularly scheduled meeting of the Board of Trustees was held on Monday, November 20, 2006, in the Village Hall. Mayor Maedl opened the meeting at 7:00 p.m. Also present were Trustee Bateman, Trustee Herriven, Police Chief Swick, Clerk-Treasurer Schweigert, and Daniel E. Seaman, attorney. Deputy Mayor Conley and Trustee Kirkpatrick were absent. Trustee Bateman led the Pledge of Allegiance. Sergeant Jeff Waters was also present. A motion was made by Trustee Bateman, and seconded by Trustee Herriven, to approve the minutes from the October 16, 2006, meeting. Carried. A motion was made by Trustee Herriven, and seconded by Trustee Bateman, to approve payment of bills submitted on Abstract 6-V in the amount of: General - $49,887.83; Water - $248.36; Sewer - $8,003.68; Total - $58,139.87. Carried. A motion was made by Trustee Bateman, and seconded by Trustee Herriven, to approve payrolls 11, 12, and 13 for weeks ending October 28, November 4, and November 18, 2006. Carried. A motion was made by Trustee Herriven, and seconded by Trustee Bateman, to authorize the following budget transfers: From A1490.1 to A1325.11 $51.72 From A1490.1 to A1325.12 51.72 From A7145.1 to A7310.4 6.89 Total: $110.33 Carried. A motion was made by Trustee Herriven, and seconded by Trustee Bateman, to authorize amending the 2006-2007 budget to increase revenue line item A2260 in the amount of $30,677 from the Royalton Police Contract for 2006-2007. Carried. A motion was made by Trustee Bateman, and seconded by Trustee Herriven, to authorize creation of budget item A3120.14 in the amount of $20,000 for wages for newly created Police Officer Full-time position to be funded as follows: $1,700 transfer from A3120.12 and $18,300 from the increased revenues as listed in the previous paragraph. Carried. A motion was made by Trustee Herriven, and seconded by Trustee Bateman, to authorize the 15th principal payment on December 1, 2006, for the Water System Improvement Bonds. Payment to be made from the Water Account as follows - Principal: $75,000; Interest: $15,750; Total: $90,750. Carried. A motion was made by Trustee Bateman, and seconded by Trustee Herriven, to Authorize payment for New York State Retirement obligations on or before December 15, 2006, as follows: $22,034 Employees’ Retirement System & $28,871 Police Retirement System – total $50,950. Carried. Treasurer’s report submitted and accepted for the month of October 2006. The DPW report was submitted and accepted for the month of October 2006. The Village and Town Police reports were submitted and accepted for the month of October 2006, with Chief Swick reading the highlights. Fire reports were submitted and accepted for the months of August and September 2006. Water and sewer billing for quarter ending November 1, 2006: Water: $59,615.60; Sewer: $60,116.38; Total: $121,005.25. Boat report for summer of 2006 was submitted. Numbers were down this summer. Attorney Seaman brought the Board up to date on the issue of a new public works superintendent. After meetings with Civil Service, it has been decided that a new position will be created. This position will be exempt. Civil Service has advised that a local law, including a public hearing, must be established to create this position. Discussed what Attorney Seaman and Mayor Maedl had done to create this job, including how the specs were created. This position will be in place of the DPW Superintendent, rather than abolishing that position. If needed in the future, the Superintendent position could be reinstated. Trustee Bateman introduced that local law entitled “Establishing the position of Village Coordinator.” A motion was made by Trustee Herriven, and seconded by Trustee Bateman, to set a public hearing regarding the local law entitled “Establishing the position of Village Coordinator” at 7:05 p.m. on Monday, December 18, 2006, in the Village Hall. Carried. Mayor Maedl updated the Board on the work that she and Clerk Schweigert have been doing regarding the Village’s part of the Niagara County Hazard Mitigation Plan. As part of the plan, the Village must pass a resolution supporting it. The following resolution was offered by Trustee Herriven, who moved its adoption, and seconded by Trustee Bateman, WHEREAS the Village of Middleport, with the assistance from Ecology & Environment, Inc., has gathered information and prepared the Niagara County Multi-jurisdictional Hazard Mitigation Plan; and WHEREAS, the Niagara County Multi-jurisdictional Hazard Mitigation Plan has been prepared in accordance with the Disaster Mitigation Act of 2000; and WHEREAS, the Village of Middleport is a local unit of government that has afforded the citizens an opportunity to comment and provide input in the Plan and the actions in the Plan; and WHEREAS, the Village of Middleport has reviewed the plan and affirms that the plan will be updated no less than every five years; NOW, THEREFORE, BE IT RESOLVED by the Board of Trustees that the Village of Middleport adopts the Niagara County Multi-jurisdictional Hazard Mitigation Plan as this jurisdiction’s Natural and Manmade Hazard Mitigation Plan, and resolves to execute the actions in the Plan. The vote on the preceding resolution was as follows: Ayes: Trustee Bateman, Trustee Herriven, and Mayor Maedl; Nays: none; Absent: Deputy Mayor Conley and Trustee Kirkpatrick; Abstentions: none. The resolution was duly adopted. Senator Maziarz has asked for support in locating another plant at the AES site in Somerset. The following resolution was offered by Trustee Bateman, who moved its adoption, and seconded by Trustee Herriven: RESOLVED, that the Village of Middleport hereby expresses its support for AES Corporation’s bid to construct a “clean coal” power plant in the Town of Somerset under the terms of Governor Pataki’s Advanced Clean Coal Power Plant Initiative; and FURTHER, that the Village of Middleport recognizes the many benefits of this project to the Niagara Region and to the State of New York – the jobs, the investment, the tax revenue, the power – and is eager to secure these benefits to improve the quality of life of local residents. The vote on the preceding resolution was as follows: Ayes: Trustee Bateman, Trustee Herriven, and Mayor Maedl; Nays: none; Absent: Deputy Mayor Conley and Trustee Kirkpatrick; Abstentions: none. The resolution was duly passed. A certified copy of this resolution will be forwarded to Senator Maziarz. Niagara County has asked for support for the permanent return of the 70- megawatts of Niagara Power Project replacement power. The following resolution was offered by Trustee Herriven, who moved its adoption, and seconded by Trustee Bateman, WHEREAS, Niagara County is home to a key regional asset, the New York Power Authority’s Niagara Power Project, consisting of the Robert Moses Power Plant, the Lewiston Pump Generating Plant, and adjacent reservoir and right-ofways occupying well over 3,000 acres of prime land that is not on any municipal tax rolls, and WHEREAS, the Niagara Redevelopment Act, enacted by Congress in 1957, required the sale of 445 Megawatts of Niagara Power Project power to industries that formerly relied on low-cost power from the Schoellkopf hydroelectric plant which was destroyed by a rockslide in 1956, and WHEREAS, the criteria for allocation of the Niagara Power Project’s Replacement Power (RP) and Expansion Power (EP) has been in place since the 1960s, and is extremely outdated and geared specifically toward manufacturing companies, which today rely on lean manufacturing practices to remain competitive in a rapidly growing global economy, and WHEREAS, the Power for Jobs program is the only New York State power program that can be used for business retention purposes, and WHEREAS, our effort to spur on good sustainable economic development by helping to create an environment in the private sector that will lead to capital investment and the creation of good paying jobs for our citizens has been a challenging and highly competitive mission, but one that we are prepared to meet, and WHEREAS, low-cost power from the Niagara Power Project is a key economic development tool used by our economic development professionals in their effort to attract or retain companies by keeping their cost of doing business competitive, now, therefore be it RESOLVED, that the Village of Middleport go on record in support of the immediate and permanent return of the 70 Megawatts of Replacement Power, made available state-wide as the result of a December 2005 amendment to the Public Authorities Law, to the area within the 30-mile radius of the Niagara Power Project, which was the intent of Congress, and enacted into federal statute in 1957, and be it further RESOLVED, that the Village of Middleport go on record in support of making more flexible, the criteria for allocation of low-cost hydropower to reflect the 21st Century realities and economy and make capital investment, not jobs, the key value point for eligibility, and be it further RESOLVED, that the Village of Middleport go on record in support of the expansion and extension of the Power for Jobs program, and be it further RESOLVED, that a copy of this resolution be forwarded to NYS Governor Goerge Pataki, NYS Sen. George Maziarz, NYS Sen. Marc A. Coppola, NYS Assemblyperson Francine DelMonte, NYS Assemblyperson Stephen Hawley, NYS Assemblyperson Robin Schimminger, NY State Assemblyperson Jim Hayes, NYS Assemblyperson Michael Cole, NYS Assembly Speaker Sheldon Silver, NYS Senate Majority Leader Joseph L. Bruno, NYS Sen. Jim Wright – Chair, Senate Standing Committee; NYS Assemblyperson Paul D. Tonko – Chair, Assembly Energy Committee. The vote on the preceding resolution was as follows: Ayes: Trustee Bateman, Trustee Herriven, and Mayor Maedl; Nays: none; Absent: Deputy Mayor Conley and Trustee Kirkpatrick; Abstentions: none. The resolution was duly passed. Mayor Maedl announced that the Village was awarded the Canal Greenway Grant in the amount of $22,500, with the Village being responsible for half of that. Mayor Maedl attended a canal mayors conference on Nov. 11. It was very informative. There will be two community input meetings regarding possible remediation actions held on Nov. 30 and Dec. 11 at 6 pm at the Village Hall. Members of MRAG and CAP will be there. Discussed Norco properties on Maple Avenue. Niagara County pulled them from the in rem sale on Nov. 18 due to contamination questions. Attorney Seaman is working with the EPA, DEC, and FMC regarding this and the Coe property on Elizabeth Street. Chief Swick presented a certificate of appreciation to Sergeant Waters for his quick thinking and actions, which resulted in the arrest and conviction of three individuals who robbed the Basket Factory Restaurant on August 14, 2006. The next regular meeting of the Board of Trustees will be on Monday, December 18, 2006. There being no further business, a motion was made by Trustee Herriven, and seconded by Trustee Bateman, to adjourn. Carried. Meeting adjourned at 8:03 p.m. Respectfully submitted, Rebecca A. Schweigert Clerk-Treasurer
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