June 18, 2007

A regularly scheduled meeting of the Board of Trustees was held on Monday, June 18, 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, and Daniel E. Seaman, attorney. Trustee Bateman led the Pledge of Allegiance. There was also a resident in attendance. Mayor Maedl opened the hearing regarding an unsafe building at 28/30 Mechanic Street at 7:00 p.m. The resident at that address was unable to attend the hearing, but he sent a letter in outlining his plans for the house. Attorney Seaman asked that the record show that John Simpson was served regarding the hearing as proved in his statement. He was served by registered mail and the notice was affixed to the building. Mr. Simpson also advised Tom Arlington, Code and Zoning Enforcement Officer, that he was served and submitted the letter that he was unable to attend the hearing because he had to work. Attorney Seaman advised the Board that, in order to provide due process, the alleged owner should be allowed to appear before the Board. The hearing should be postponed and a decision should be made after hearing a response to the allegations made by Mr. Arlington regarding this property. A motion was made by Trustee Bateman, and seconded by Trustee Kirkpatrick, to adjourn the public hearing to 9:00 a.m. on Monday, July 16, 2007, at the Village Hall. Carried. The newspaper will be notified. A motion was made by Deputy Mayor Conley, and seconded by Trustee Kirkpatrick, to approve the minutes from the May 21, 2007, meeting. Carried. A motion was made by Trustee Bateman, and seconded by Trustee Kirkpatrick, to approve payment of bills submitted on Abstract 13-V in the amount of General: $46,971.97; Water: $207.98; Sewer: $4,047.79; Total: $51,227.74. Carried. A motion was made by Trustee Kirkpatrick, and seconded by Trustee Bateman, to authorize the following budget transfers in the 2006-2007 budget: TO FROM AMOUNT A1325.2 A1325.4 $588.40 A1490.11 A1540.4 $6.89 A3120.12 $6,514.50 A3120.14 $1,418.50 A7145.1 $1,499.11 A7180.4 $76.39 A1620.4 A1420.4 $1,595.88 A1640.4 A5110.4 $1,496.91 A1920.4 A1010.4 $4.60 A3120.13 A7180.4 $120.75 A3120.2 A5112.2 $14,809.27 A3120.4 A9015.8 $1,644.91 A5010.4 A1420.4 $191.19 A5182.4 A1910.4 $314.81 A7110.4 A8140.4 $988.89 A8560.4 A9055.8 $236.16 A8989.4 A5410.4 $2,283.19 A1990.4 $6,133.76 A9030.8 A1640.2 $500.00 A5010.2 $464.76 A7110.2 $500.00 A9060.8 A8160.4 $2,074.64 F8310.1 F8340.1 $721.14 G8130.11 G8120.1 $226.02 G8130.4 G8130.41 $4,952.33 Total: $49,363.00 Carried. A motion was made by Deputy Mayor Conley, and seconded by Trustee Bateman, to authorize payment of bills submitted on Abstract No. 1-W as follows: General, $42,057.69; Water, $3,678.62; Sewer, $6,060.95; Total: $51,797.26. Carried. A motion was made by Trustee, and seconded by Trustee , to approve payrolls 26 for weekending May 19, 2007, payroll No. 1 for weekending June 2, 2007, and payroll no. 2 for weekending June 16, 2007. Carried. A motion was made by Trustee Bateman, and seconded by Trustee Kirkpatrick, to authorize interest payment of $3,458.62 to M & T Investments on the Sewer Improvement Loan on July 1, 2007. Carried. The DPW report was submitted and accepted for the month of May 2007. The Village and Town Police reports were submitted and accepted for the month of May 2007, with Chief Swick reading the highlights. Chief Swick advised that new signs are needed for the electric boxes along the canal. Coordinator Dodge will look into having permanent donation signs made. Due to the fire at Niagara Foods, a fire report was not available. A motion was made by Deputy Mayor Conley, and seconded by Trustee Sarchia, to approve the Summer Youth Swim Program beginning July 2 through August 10, 2007, with the Towns of Hartland and Royalton contributing one-third of the costs each. Carried. A motion was made by Trustee Bateman, and seconded by Trustee Kirkpatrick, approving Kathy Mullin as Swim Director/Swim Instructor at the rate of $13 per hour. Carried. A motion was made by Deputy Mayor Conley, and seconded by Trustee Kirkpatrick, to hire the following individuals as swim instructors: Jill Crosby at a rate of $11.50 per hour; Meaghan Morse at a rate of $8.00 per hour; Holden Wagner at a rate of $8.00 per hour; and Emily Oakes at a rate of $8.00 per hour. Carried. A motion was made by Trustee Bateman, and seconded by Trustee Sarchia, to hire Aaron Schifferle as a lifeguard for the swim program at a rate of $7.15 per hour. Carried. A motion was made by Deputy Mayor Conley, and seconded by Trustee Sarchia, to approve the summer recreation program for the period of July 9 through August 3, 2007, to be held at the Scout House. Carried. A motion was made by Trustee Bateman, and seconded by Trustee Kirkpatrick, to create an additional Recreation Aide position for the Summer Recreation Program. This position is funded in the 2007-2008 budget. Carried. A motion was made by Trustee Kirkpatrick, and seconded by Trustee Sarchia, to approve Grace Swick as Recreation Aide at $11.00 per hour and Ashley Herriven and Amanda Conley as Recreation Leaders at $7.15 per hour for the Recreation program. Carried. A motion was made by Trustee Bateman, and seconded by Trustee Kirkpatrick, granting 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: X Received a notice from the Niagara County Bicentennial Committee giving us the opportunity to purchase a banner. Clerk to get more information regarding this. Trustee Sarchia advised he was contacted by some Village residents regarding damage to their swimming pool over the winter. They maintain that the Village is responsible for causing water to flood into their yard. They are advised to discuss with Mr. Dodge first. Trustee Bateman asked if something could be done about the ice cream truck that drives throughout the Village. During the Memorial Day service it was parked near the Commons and handing out samples to children. This created a lot of noise and confusion while the services were going on. This was disrespectful to the Veterans and to the Firefighters. Chief Swick will advise the driver next year not to park near the Commons. He will be encouraged to set up in the municipal parking lot across from the Fire Hall. Mr. Dodge handed out information that he received regarding how quickly water levels can increase at the Wastewater Treatment Plant because of a rain event. He also advised that the fire at Niagara Foods on June 11 took the WWTP offline and put us into violation. Has since been corrected and the DEC was notified of the event. A WWTP engineer from Wendel’s was on hand to give advice. He also advised that our WWTP was one of the cleanest and best run he had ever been in, which is a credit to Gary Purser, Chief Operator. Chief Swick asked for Scott Merritt to be considered as a Police Officer Parttime. His application was handed around and this will be discussed later in the meeting. Due to scheduling issues, at times we do not have enough police coverage. We may be losing an officer to the Town of Niagara soon, too. Hiring this officer would help alleviate some coverage problems. Chief Swick also advised that the new police vehicle should be delivered this week. He also credited Sergeant Jeff Waters for finding the fire at Niagara Foods. Mr. Arlington asked what the status is on the issue of a local law banning outdoor wood burners for hot water. Discussion ensued, including recreational fires. These are already covered by Niagara County and State Health laws. This law would cover those burners that are used to create hot water. People are burning all sorts of things, some which create some severely noxious fumes. A local law entitled ” A Local Law prohibiting construction and operation of outdoor wood-burning furnaces within the Village of Middleport. “ was introduced by Trustee Kirkpatrick. A motion was made by Trustee Bateman, and seconded by Trustee Kirkpatrick, to hold a public hearing regarding this local law at 7:00 p.m. on July 16, 2007. Carried. Mr. Seaman updated the Board on the status of the possible railroad crossing closure on Orchard Street. He hired a railroad safety expert to look at the crossing and render an opinion. This report was emailed to the DOT hearing judge before the deadline. This expert does railroad accident reconstructions. Mr. Dodge also met with this person and submitted an affidavit regarding the Niagara Foods fire. Lucy Kaz, Fire Chief Cooley, and Amy Palmieri also sent in letters about the fire. Mayor Maedl submitted nine letters from residents to the judge, too. Discussed the moneys from Grassroots for matching grants to central business district business owners to do fixing up of their buildings. The following resolution was offered by Trustee Kirkpatrick, who moved its adoption, and seconded by Deputy Mayor Conley WHEREAS, on March 19, 2007, on a Grassroots Middleport Inc., a not-forprofit corporation, organized and existing under the laws in the State of New York, donated the amount of $14,000.00 to the Village of Middleport subject to conditions; and WHEREAS, the conditions of said donations were that the Village of Middleport utilize the funds “for the encouragement of historic preservation of the Middleport Business District buildings” and WHEREAS, the further condition of the donation was that the monies be utilized for grants to Middleport building owners located in the Middleport Business District for the purpose of enhancing the building facades, sides and back sides of any brick and mortar buildings within the Middleport Central Business District, and WHEREAS, pursuant to Village Law Section 1-102(2), the Village Board has accepted such gifts to hold in trust for the purpose for which the Grassroots Middleport, Inc., stipulated and prescribed, and pursuit to said section desires to undertake the proper administration of the use of said funds NOW, THEREFORE, BE IT, RESOLVED, that the Village of Middleport does hereby establish an ad hoc committee consisting of the following named individuals Julia Maedl, Elizabeth Bateman and Martin Busch to review and grant applications which meet the criteria set forth in the grant conditioned by said letter dated March 19, 2007, and, be it further RESOLVED, that the Village hereby adopts the Grassroots Grant Program Regulations set forth in these minutes and the Grassroots Grant Program Grant Application Form set forth in these minutes and does hereby authorize the ad hoc committee to review grant applications and recommend grant awards by the Village subject to final approval by the Village of Middleport Board of Trustees. Said recommendations are to be set forth in written recommendations to the Village Board. Grassroots Middleport Rules and Applications INTRODUCTION This program, which will require matching cash from grant awardees, is established by the Village of Middleport using funds donated by Grassroots, Inc., to enhance and enrich the business climate and overall historic preservation of buildings located in the Central Business District. The Central Business District perimeters include the buildings located on Main Street between Church Street and the Canal, and State Street between Main and Vernon. This program is deigned to offer 50/50 matching cash grants with a maximum of $2,000.00 to building owners to assist with their plans for “brick and mortar improvements” in the community. Grants are not to be used for administrative costs, and matching amounts must not include in-kind services. PROCESS 1. A description of the proposed project from the building owner must accompany the grassroots Grant Program application. This description needs to describe, in detail, with cost estimates, the improvements that will be made upon acceptance of grant funding. 2. Submit the enclosed application including a detailed description of project, estimates & timeline. Grant requests cannot exceed $2,000.00 and must be matched by the same amount in cash. For example, if you are applying for a $2,000.00 grant, you must include a project plan for a minimum of $4,000.00. The project could cost more, but the maximum grant limit is $2,000.00. Another example, since this is a 50/50 matching funds grant, if your project costs $1,000.00 then you would apply for $500.00 in matching funds. If you plan on doing the work yourself the total estimate must show that the expense is in the supplies. “In-kind” service is not to be included for the matching part of the grant. 3. Upon award by the Village, the applicant will execute a contract for the project, committing the owner to proceed and to expend the matching funds. Receipts and cancelled checks that total the grant amount and matching funds must be provided to the Village. Important - Receipts must be marked paid in full by vendor; copies of cancelled checks must show front and back of check. 4. You must submit a project completion report including remaining receipts and cancelled checks as proof of project completion. The grant funds are paid to reimburse projects satisfactorily completed. 5. At that time, a voucher will be prepared and a check will be issued to the owner for the grant work. All projects must be completed in one year from date of grant award. 6. Complete applications will be processed in a timely manner. 7. No person may receive more than one grant in any 12 months time frame. A new application must be submitted for additional grants. CRITERIA 1. Project must physically enhance the community. 2. Availability of matching funds on the part of the applicant. (Match must be a cash match; amounts must not include in-kind services.) 3. Priority of project in relationship to other projects proposed. 4. Project will be judged according to appropriate preservation standards, and enhancement of the Business District. 5. The Village Board may accept or reject any grant application; may limit the number of grants as it determines. 6. Applicant must be the project property owner or Lessee. If lessee is applicant, a copy of the lease and owners consent need be submitted with the application. 7. The Village may approve part of an application, or require modifications as a condition of award. GRASSROOTS GRANT PROGRAM VILLAGE OF MIDDLEPORT APPLICATION 1. NAME: ADDRESS: Phone: Fax: 2. PROJECT LOCATION: Amount of grant you are seeking $ *NOTE: $2,000.00 is the maximum limit Time line for project: Start Date Finish Date Description of Project and total cost (this may be submitted by separate attachment): (Include photos, color choices, estimates for hired labor & materials or just materials if owner is doing the work – If the owner does the work the labor will not count toward the 50% matching amount.) GRANT CONTRACT 1. The Grantee hereby accepts the grant as set forth in the application or as specified in the Grant award letter. The Grantee shall hold the Village of Middleport, its agents, representatives, and employees harmless from any liability arising out of the work. The Grantee shall have full responsibility for the work, the material, the labor and shall obtain any required permits for the work, and agrees that the sole responsibility of the Village of Middleport is to reimburse the Grantee for the eligible Grant amounts. 2. The Grant Application, and any submittals made in support of the application are incorporated into and made a part of this Agreement. 3. Grantee shall be responsible for and warrants that it will be in full compliance with all local, state and federal laws, rules and regulations in connection with the Grant Work. 4. The grant amount shall be paid on completion of the work, and proof of amounts expended by the Grantee in accordance with the grant award. Village of Middleport By: , Grantee The roll call vote for the preceding resolution was: Ayes - Deputy Mayor Conley, Trustees Bateman, Kirkpatrick, and Sarchia, and Mayor Maedl; Nays – none; Absent – none; Abstentions – none. The resolution was unanimously adopted. Mayor Maedl advised the Board that she had met with Jeff Telecky from Wendel, along with Coordinator Dodge and Clerk-Treasurer Schweigert, regarding Wendel’s most recent I&I proposal. It was determined that there were areas that could be done the Village, thus lowering the cost. A new proposal was submitted, less $1,500. A motion was made by Trustee Bateman, and seconded by Deputy Mayor Conley, to accept the proposal in the amount of no more than $16,300 for the 20072008 I&I report and advice from Wendel Duchscherer. Carried. Resident Cal Rhoney, 2 Taylor Street, submitted a letter asking for relief of the parking issue near his house on weekends due to increased volume at the Basket Factory. Discussion ensued. Determined that parking could be banned on weekends only on Taylor Street. Attorney Seaman will prepare a resolution and present it at the July Board meeting. Discussed hiring Scott C. Merritt. A motion was made by Trustee Bateman, and seconded by Trustee Sarchia, to hire Scott C. Merritt as a police officer part-time effective July 1, 2007, at a rate of $10 per hour. Carried. The next Northwestern Frontier Association of Village Officials meeting to be held on Wednesday, July 18, 2007, with the Village of Elba as host. The next regularly scheduled meeting of the Board of Trustees will be Monday, July 16, 2007, at 7:00 p.m. There being no further business, a motion was made by Trustee Kirkpatrick, and seconded by Deputy Mayor Conley, to adjourn. Carried. The meeting was adjourned at 8:18 p.m. Respectfully submitted, Rebecca A. Schweigert Clerk-Treasurer
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