Minutes

July 16, 2007

Body:
A regularly scheduled meeting of the Board of Trustees was held on Monday, July 16, 2007, in the Village Hall. Mayor Maedl opened the meeting at 7:00 p.m. Also present were Deputy Mayor Conley, Trustee Bateman, Trustee Sarchia, Police Chief Swick, Village Coordinator Dodge, Clerk-Treasurer Schweigert, Zoning Enforcement Officer Tom Arlington, and Daniel E. Seaman, attorney. Trustee Kirkpatrick was absent. Trustee Sarchia led the Pledge of Allegiance. There were a few residents in attendance. Mayor Maedl opened the Public Hearing re: a Local Law entitled “A Local Law prohibiting construction and operation of outdoor wood-burning furnaces within the Village of Middleport.” Clerk Schweigert read the notice. Tom Winkley, 22 Sleeper Street, addressed the Board. He owns an outside wood furnace but does not use it year round. He asked what the difference is between outside and inside burners. He would like a study of the difference. Mr. Arlington advised that there are no EPA emissions standards for outdoor burners and there are for indoor ones. Mr. Winkley said that they try to keep from annoying the neighbors, and he doesn’t feel they should be slapped because of someone else’s behavior. Debbie Morgan, 22 Sleeper Street, said that they haven’t had any complaints that they know of. If this goes into effect, could they get an extension to use the wood they already own. As no one else had any comments, Mayor Maedl closed the hearing at 7:06 p.m. A motion was made by Trustee Bateman, and seconded by Trustee Sarchia, to approve the minutes from the June 18, 2007, meeting. Carried. A motion was made by Deputy Mayor Conley, and seconded by Trustee Sarchia, to approve payment of bills submitted on Abstract 2-W in the amount of: General - $64,550.52; Water - $13,967.35; Sewer - $10,801.61; Total - $89,319.48. Carried. A motion was made by Trustee Bateman, and seconded by Deputy Mayor Conley, to approve payrolls 3 and 4 for weeks ending June 30 and July 14, 2007. Carried. Treasurer’s report submitted and accepted for the months of May and June 2007. The DPW report was submitted and accepted for the month of June 2007. The Village and Town Police reports were submitted and accepted for the month of June 2007, with Chief Swick reading the highlights. Correspondence was read: X Notice from Public Service Commission seeking public comment on the terms of a joint proposal concerning the provision of fixed price commodity service by NYSEG. X Notice from NC Civil Service regarding a new state law requiring all units of local government to provide its employees with 4 hours of leave per year for breast and/or prostate cancer screening. A copy was distributed to each Board member. Mayor Maedl asked if Mr. Seaman had an update on the Orchard Street railroad crossing closure. The NYSDOT has asked for an extension to reply to materials that were submitted after the hearing, and the extension was granted. No response has been received yet, but the extension was until July 27, 2007. When it comes in, a copy will be sent to the Village. We submitted the expert opinion that if the crossing were closed it would be a negative safety impact on the Village. We could ask for an extension to reply to the DOT’s response, but we presented a strong case so there really is no need to keep this open. The judge only makes a recommendation. The decision is by the Commissioner. At this time, discussed the local law regarding outdoor woodburning furnaces. Mr. Seaman advised the Board that they could enact the law and give the opportunity to use up wood as requested. He stressed that the law passed in Lockport is different than this law. The Village of Barker has already adopted this same law. The key element is the close proximity of the residences and there is a high nuisance level to this. He recommended that the Board adopt the law and that they can grant an extension. Mr. Winkley asked why the people who are breaking the law can’t be punished instead of those going by the law. Deputy Mayor Conley indicated he had heard some complaint in the business area of the Village. Current usage can “choke out” local residents. It would be difficult to govern this activity without universal prohibition. It is too bad that others operate their furnaces in a manner that annoys. Unfortunately, these people use their furnaces year round. Mr. Seaman observed that these units are marketed aggressively. The more that are in use, the more complaints will come in. There is a potential for health hazards in the winter, too. Discussed if this should be acted on tonight and if an extension should be granted. We must consider the time and effort that we’ve already put into this. Trustee Sarchia said that the extension is a good idea and the Mayor agreed. Attorney Seaman can draft something for the extension, but that shouldn’t prevent the passing of this law. A motion was made by Deputy Mayor Conley, and seconded by Trustee Bateman, to adopt the local law entitled “A Local Law prohibiting construction and operation of outdoor wood-burning furnaces within the Village of Middleport” as presented. A roll call vote was taken as follows: Ayes: Deputy Mayor Conley, Trustee Bateman, Trustee Sarchia, and Mayor Maedl; Nays: none; Absent: Trustee Kirkpatrick; Abstentions: none. The motion was duly carried. Discussed the particulars of granting an extension to residents with woodburning outdoor furnaces who request it to use up current inventory of wood. Mr. Seaman said that the extension can be tied to emission control. Trustee Bateman asked if the extension would have to be requested by an individual or if it would be for anyone who currently has an outdoor woodburning furnace. Mr. Seaman said he would probably draft something that would allow an extension if requested but it would limit what can be burned. He will get together with Mr. Arlington to discuss this. Chief Swick suggested that the Board give the DPW the police vehicle his department no longer needs as it has been replaced with a new vehicle. Mr. Dodge checked into the resale value of this vehicle, and it really isn’t enough to make that necessary. The DPW will benefit from having the use of the vehicle. Approved. The next regular meeting of the Board of Trustees will be Monday, August 20, 2007, at 7:00 p.m. There being no other business, a motion was made by Trustee Bateman, and seconded by Trustee Sarchia, to adjourn. Carried. Meeting adjourned at 7:29 p.m. Respectfully submitted, Rebecca A. Schweigert Clerk-Treasurer
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