May 21, 2007

A regularly scheduled meeting of the Board of Trustees was held on Monday, May 21, 2007, in the Village Hall. Mayor Maedl opened the meeting at 7:00 p.m. Also present were Deputy Mayor Conley, Trustee Bateman, Trustee Kirkpatrick, Trustee Sarchia, Police Chief Swick, Village Coordinator Dodge, Clerk-Treasurer Schweigert, Fire Chief Cooley and Daniel E. Seaman, attorney. Deputy Mayor Conley led the Pledge of Allegiance. There were a couple of residents in attendance. Eagle Scout candidate Nick Herriven updated the Board on his proposed project. He outlined it for the Rotary Club, who are in favor of it. They are also willing to finance most of it. He asked if Dan Dodge could be appointed as the person he goes to with questions or if he needs assistance from the Village. Board agreed. Dan will be responsible for signing any necessary paperwork on behalf of the Board, too. A motion was made by Trustee Bateman, and seconded by Trustee Kirkpatrick, to approve the minutes from the April 16, 2007, meeting. Carried. A motion was made by Trustee Kirkpatrick, and seconded by Deputy Mayor Conley, to approve payment of bills submitted on Abstract 11V in the amount of: General - $43,665.31; Water - $514.97; Sewer - $9,455.61; Total - $53,635.89. Carried. A motion was made by Trustee Bateman, and seconded by Trustee Kirkpatrick, to approve payrolls for weeks ending. Carried. A motion was made by Deputy Mayor Conley, and seconded by Trustee Kirkpatrick, to authorize the Clerk-Treasurer to make the following transfers: TO FROM AMOUNT A1325.2 A1440.4 $ 256.29 A1325.4 A5142.2 1,073.58 A1640.4 A1440.4 556.19 A7110.4 A1440.4 2,060.23 A9901.91 A9901.9 15,000 A9901.91 A1990.4 4,000 G9055.8 G9730.7 45.60 total: $22,991.98 Carried. A motion was made by Deputy Mayor Conley, and seconded by Trustee Bateman, authorizing a $20,000 transfer from the General Fund to the Sewer Fund. Carried. Treasurer’s report submitted and accepted for the month of April 2007. The DPW report was submitted and accepted for the month of April 2007. The Village and Town Police reports were submitted and accepted for the month of April 2007, with Chief Swick reading the highlights. Fire report submitted and accepted for the month of April 2007. Chief Cooley read the highlights. Tax warrant to be signed in the amount of $420,734.72. There will be no refuse/recycling collection on Wednesday, May 30 due to the Memorial Day holiday. Regular pickup will be on Thursday, May 31, 2007. May 1, 2007 water/sewer billing was as follows: Water: $60,427.68; Sewer: $59,502.51; Total: $119,930.19. Amount of unpaid water bills as of April 30, 2007, added onto 2007-2008 tax roll: $13,133.72. Amount of mowing charges for abandoned properties added to 2007-2008 tax roll: $1,127.70. Presentation by Don Heschke, Jr., president of Sigmamotors. He would like to add onto his present building but has drainage issues if he does. Is the Village willing to build a storm sewer near his business? Discussion ensued. Coordinator Dodge got some pricing with an estimate of $5,000 - $6,000 for the job. Village is willing to expend this money to keep this business in the Village. Correspondence was read: X Basket Factory is renewing its liquor license. X Dominick’s Place is renewing its liquor license. X Town of Royalton sent a resolution supporting an investigation into the AES PILOT. Mayor Maedl asked for an update on the generator work at the STP. The work is done there. Greg Nellist still has to schedule a time to finish the work at the Village Hall to tie the Board Room into the Fire Hall generator. Coordinator Dodge advised that Doug Herriven, 34 Kelly Avenue, had called him at home regarding a decision on his request at the April Board meeting to fill his pool from a fire hydrant. He was advised that a decision would be given at the May meeting, which he was told at the May meeting. Mr. Herriven was not happy with this response and said he would fill take care of filling his pool on his own. Mr. Dodge also advised Mr. Herriven that Mayor Maedl check with several pool companies and none of them recommend filling from a fire hydrant. Attorney Seaman advised the Board that FMC would like its support for their application to get a permit to put in a drop at Margaret Droman Park. He advised that the Board should approve this but take the stance that we will not be responsible for any toxic remediation. A motion was made by Deputy Mayor Conley, and seconded by Trustee Kirkpatrick, to authorize Mayor Maedl to send a letter of support to FMC, following Attorney Seaman’s approval of content. Carried. The Village also has to apply for a permit with the Canal Commission to proceed with the improvement plans at Margaret Droman Park. Apex still has to send us some plans for this. Discussed letter from Wendel regarding the 2007-2008 contract for the I&I program. Proposed amount is too high. Mayor Maedl, Coordinator Dodge, and Clerk-Treasurer Schweigert will meet with a Wendel representative to determine how the cost can be cut. Zoning Enforcement Officer Tom Arlington’s report on 30 Mechanic Street was discussed. The owner has been sent several warning notices and the next step is probably court action. The following resolution was offered by Deputy Mayor Conley, who moved its adoption, and seconded by Trustee Bateman: WHEREAS, a report dated May 18, 2007, to the Village Board, has been prepared and filed by Thomas Arlington, Village of Middleport Building Inspector, concerning the building known as 28 or 30 Mechanic Street; Tax Map No. 86.13-2-1, Middleport, New York, and WHEREAS, said report indicates that said building is dangerous and unsafe and is unfit for the purposes for which it may lawfully be used, and recommends that the building be secured and put in a good state of repair or demolished, and the building debris be removed and the premises properly graded, and WHEREAS, pursuant to §76-5 of the Village Code, this Board has considered said report, NOW, THEREFORE, BE IT RESOLVED, that it is the determination of this Board that said building is unsafe and dangerous, and it is hereby ORDERED, that said building be repaired, if it can be safely repaired, or, otherwise, that it be demolished and removed, and it is further ORDERED, that a notice be served as provided by Village Code §76-6 as follows: NOTICE OF UNSAFE BUILDING TO: Donald J. Simpson, John W. Simpson and John Doe and Mary Doe, the heirs, distributees, beneficiaries and assigns of Donald J. Simpson, a deceased person ADDRESS: 28 Mechanic Street, Middleport, New York PLEASE TAKE NOTICE, that this Board determined the building owned by you at 28/30 Mechanic Street, Middleport, New York, Tax Map No. 86.13-2-1, to be a dangerous and unsafe building, AND TAKE FURTHER NOTICE THAT: A. PREMISES: The location of the building 28/30 Mechanic Street, Middleport, New York (Tax Map No. 86.13-2-1) B. PARTICULARS: The building at the above location is unsafe and dangerous in the following respects: 1. Siding and roofing in a state of disrepair/deterioration. 2. Trim, porch, window frames, doors not maintained in good condition. Exterior surfaces decaying and not protected from the elements. 3. Openings on side of structure which may affect structural integrity of house. 4. Gutters missing or plugged up not allowing proper roof drainage. 5. Foundation area not protected (east end open). 6. Windows boarded over on south side affecting egress and natural light. 7. The structure may become dangerous or unsafe to the general public, as well as the occupant, and is unfit for the purposes for which it may be lawfully used. 8. The premises is in violation of the New York State Property Maintenance Code Sections 303.1, 303.2, 303.3, 303.4, 303.5, 303.6, 303.7, 303.8, 303.9, 303.10, 303.12 and 303.15. C. The building shall be made safe and secure in the following manner: 1. The siding and roofing shall be repaired and replaced to meet all codes. 2. The trim, porch, window frames, doors shall be repaired and replaced to meet all codes. The decaying exterior surfaces shall be repaired and replaced to meet all codes. 3. The entire building shall be made structurally sound and brought up to meet all codes. 4. The gutters shall be repaired and replaced and properly installed. 5. The foundation shall be repaired to meet all codes. 6. All missing windows shall be permanently replaced. In the alternative, the building shall be demolished by a firm experienced in demolition of buildings, and all debris removed from the site and the site graded. D. The securing or removal of the building shall commence within thirty (30) days of the service of this Notice and shall be completed within sixty (60) days thereafter, unless, for good cause shown, the time shall be extended by this Board. E. A hearing on this building and on this Notice shall take place before this Board on June 18, 2007, at 7:00 p.m., at the Board Room, Village Hall, 24 Main Street, New York. At such hearing, you may be represented by counsel, and may contest the contents of this Order. F. In the event of your neglect or refusal to comply with the Order to secure or demolish and remove the building, the Village Board is authorized to provide for its demolition and removal, to assess all expenses thereof against the land on which the building is located, and to institute legal proceedings to collect the cost of demolition, including legal expenses. TAKE FURTHER NOTICE that maintenance of a building in a dilapidated or unsafe condition constitutes a violation punishable by fine or imprisonment. DATED: June 1, 2007 BY ORDER OF THE VILLAGE BOARD VILLAGE OF MIDDLEPORT 24 Main Street Middleport, New York 14103 (716) 735-3303 The roll-call vote on the foregoing resolution was as follows: Ayes: Deputy Mayor Conley, Trustees Bateman, Kirkpatrick, and Sarchia, and Mayor Maedl; Nays: none; Abstentions: none; Absent: none. The resolution was unanimously passed. Mayor Maedl advised the Board that she has formed a committee for the money that Grassroots gave for a grant program for the CBD. They will create an application and rules for applying. Chief Swick advised that the new truck has been ordered and is scheduled to be built the last week of May. If necessary, we will encumber the funds for this. Fire Chief Steve Cooley had a few things for the Board: X wanted to bring the condition of Middleport Tractor on Telegraph Road to the attention of the Board. There was a fire inside the building recently and the outside is getting unsightly. X thanked the Board for all of the work on keeping the Orchard Street Railroad crossing open. X the Department will show the public the new truck they purchased and the renovations at the Fire Hall during an open house on Memorial Day following the ceremony. X wanted to know if there is any possibility of making Francis Street one-sided parking only. It is difficult for fire trucks to get down the street when cars are parked haphazardly. Village Coordinator Dodge and Chief Cooley will get together to explore if this can happen. Trustee Kirkpatrick asked if a “Children at Play” sign can be put up on Robertson Street. As this is a dead end street, it isn’t really necessary. The next regular meeting of the Board of Trustees will be on Monday, June 18, 2007, at 7:00 p.m. A motion was made by Trustee Bateman, and seconded by Deputy Mayor Conley, to move into executive session for the purpose of discussing proposed, pending, or current litigation. Carried. Executive Session opened at 8:44 p.m. A motion was made by Trustee Bateman, and seconded by Trustee Sarchia, to move back into regular session. Carried. Mayor Maedl reconvened general session at 9:15 p.m. Coordinator Dodge asked to have his two floating holidays from 2006-2007 be carried to the 07-08 budget year as he doesn’t get any vacation time until January 2008 but has an important family trip scheduled in July 2007 that he would like to be able to join his family on. Approved. There being no further business, a motion was made by Deputy Mayor Conley, and seconded by Trustee Kirkpatrick, to adjourn. Carried. Meeting adjourned at 9:16 p.m. Respectfully submitted, Rebecca A. Schweigert Clerk-Treasurer
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