Minutes

August 18, 2008

Body:
A regularly scheduled meeting of the Board of Trustees was held on Monday, August 18, 2008, in the Village Hall. Mayor Maedl opened the meeting at 6:45 p.m. Also present were Deputy Mayor Conley, Trustee Bateman, Trustee Sarchia, Trustee Westcott, Coordinator Dodge, Police Chief Swick, Clerk-Treasurer Schweigert, Code Enforcement Officer Arlington, and Daniel E. Seaman, attorney. Trustee Sarchia led the Pledge of Allegiance. There were members of the Middleport Fire Company in attendance, as well. Mayor Maedl opened the unsafe building hearing regarding 31 Main Street at 6:45 p.m. Attorney Seaman entered the resolution as written in the July 21, 2008, minutes as evidence. The notice was filed with the Niagara County Clerk, was served on the owner, and was posted on the building. Code Enforcement Officer Thomas Arlington was called to testify and was administered the oath by Attorney Seaman. During the questioning, Attorney Seaman established the following based on Mr. Arlington’s testimony: Mr. Arlington has not heard from the owner of record of 31 Main Street, Mary Busch Mr. Arlington had visited the building in the past, generating his report dated June 17, 2008, and visited again today. Conditions had not changed. No work has been done on the building since the notice was served, other than the Village’s Public Works Department boarded up the windows to discourage trespassing The following conditions still exists, as observed and noted in Mr. Arlington’s report of June 17, 2008: Substantial portion of the roof system has failed and is caving in Portion of eaves are pushed out. North side eaves appear to be pushed against the south wall of the adjacent building. Building does not share a party wall with adjacent building Roofing and siding are in a state of deterioration due to lack of maintenance. Portions of siding and roofing materials are missing. Masonry chimney is missing bricks and in a state of disrepair. Potential for collapse. Missing gutters/downspouts. Service entrance cable on south side of building in poor condition with protective insulation wrap missing on most of it (power is cut off from building). Building interior appears in a state of disrepair (as viewed through front window). Mr. Arlington testified that his recommendation that the building be demolished remains the same. In his opinion, the building constitutes a safety issue to people in the area. There was no one present at the hearing on behalf of Mary Busch. There being no comments or questions, Mayor Maedl closed the hearing at 6:50 p.m. The following findings and resolution were offered by Trustee Westcott, who moved its adoption, and seconded by Trustee Bateman: An investigation and report having been made by the Building Inspector of the Village of Middleport, pursuant to Village Code, indicating that premises commonly known as 31 Main Street (Tax Map No. 86.13-1-29), Middleport, New York, is unsafe and dangerous, and said report having recommended that the building be repaired or demolished, and pursuant to the Village of Middleport Village Code, the Village Board considered said report and resolved that such building is unsafe and dangerous and ordered its repair or its demolition and removal; and a Notice of Unsafe Building having been prepared and served, as required by Village of Middleport Village Code, upon all parties having an interest in said premises, and having been filed with the Clerk of the County of Niagara and posted on the premises; and said Notice having provided for a Hearing to be held on the 18th day of August, 2008, at 6:45 p.m., in the Village Hall, and this Board having held such Hearing; and the owner of the premises, Mary L. Busch, having not appeared at said Hearing, and no other person having appeared; and Thomas L. Arlington, Building Inspector of the Village of Middleport, having testified that the building is unsafe and in need of demolition and removal; NOW, THEREFORE, BE IT RESOLVED: That the owner and all the interested persons having refused and neglected to repair or demolish and remove building commonly known as 31 Main Street (Tax Map No. 86.13-1-29), the Village Coordinator is ordered to cause removal of the building by the Department of Public Works or by contract as determined by the Village Coordinator, and be it further RESOLVED, that all expenses incurred by the Village in connection with the proceeding to repair and secure demolition and remove the unsafe building, including the cost of removal, and all reasonable and necessary legal expenses incidental thereto, shall be assessed against the land upon which such building is located and shall be levied and collected in the manner as provided in the Village Law for levy and collection of special ad valorem levy. The vote on the preceding resolution was as follows: Ayes: Deputy Mayor Conley, Trustee Bateman, Trustee Sarchia, Trustee Westcott, and Mayor Maedl; Nays: none; Abstentions: none; Absent: none. The resolution was unanimously passed. Attorney Seaman advised that anything in the building that Mary Busch wanted had been removed. Village Coordinator Dodge was advised he can go into the building to determine what needs to be done to prepare it for demolition. A motion was made by Deputy Mayor Conley, and seconded by Trustee Sarchia, to approve the July 21, 2008, meeting minutes. Carried. A motion was made by Trustee Bateman, and seconded by Trustee Westcott, to authorize payment of bills submitted on Abstract No. 3-X. General: $31,048.06; Water: $716.59; Sewer: $6,395.69; Total: $38,160.34. Carried. A motion was made by Trustee Sarchia, and seconded by Deputy Mayor Conley, to approve Payrolls No. 4 and 5 for periods ending July 26 and August 9, 2008. Carried. The Treasurer’s report was submitted and accepted for the month of July 2008. The Public Works report was submitted and accepted for the month of July 2008. The Village and Town Police reports were submitted and accepted for the month of July 2008, with Chief Swick reading the highlights. The 2008 Summer Swim Program report was submitted and accepted. The 2008 Summer Recreation Program report was submitted and accepted. The water and sewer billings for the quarter ending August 1, 2008, were as follows: Water: $61,248.23; Sewer: $ 60,375.06; Total: $121,623.29. A motion was made by Trustee Bateman, and seconded by Trustee Westcott, to submit the project application for the Youth Recreation Program. Village expenditures for 2008 were $10,957.69. State reimbursement is expected to be $644. Carried. Kevin Czaja addressed the Board on behalf of the Middleport Fire Company. The Fire Company intends to hold its 10th Annual Car Show again this year, the Sunday following Labor Day. Letters have been sent out to all necessary parties. Have to file a different application now with the Department of Transportation to close Main Street. This year they are not going to solicit donations from local businesses; funding will come from sales of a gasoline card raffle. Mayor Maedl suggested they set up a booth at the Middleport Festivities, the Saturday before Labor Day. Mr. Czaja advised the Board that this is the last year he will be running the car show. If it is to be held next year, someone else must volunteer to run it. Correspondence was read: Notice from Fred Feirch that he intends to renew the liquor license for Pizza Place II. Discussed the possibility of having ownership of 31 Main Street transferred to the Village and the costs the Village will incur to take down the building. Motion was made by Trustee Westcott, and seconded by Deputy Mayor Conley, authorizing Attorney Seaman to request that Niagara County transfer ownership of 31 Main Street to the Village of Middleport because of the expenses incurred to demolish it. Coordinator Dodge advised the Board that his department had located and repaired a drainage ditch on Sherman Road that had been sending thousands of gallons of stormwater through the sanitary sewer system due its damaged state. Thousands of gallons of water have also been going through the lift station on Sherman Road due to this drainage issue. Mr. Arlington asked if there was anything new regarding the Niagara Foods building plans. A tax search has been done and the Village’s engineering firm has asked for clarification and more information on several issued. The DPW has been asked to help dig a drainage ditch on the property. Mr. Seaman cautioned the DPW to have written permission to go on private property. Any drainage systems should be included in the site plan. The Board has not completed the site plan review yet and given approval. The next regular Board meeting will be Monday, September 15, 2008, at 7:00 p.m. A motion was made by Trustee Westcott, and seconded by Trustee Bateman, to move into executive session for the purpose of consultation with the Village’s attorney. Carried. Executive Session opened at 7:18 p.m. A motion was made by Deputy Mayor Conley, and seconded by Trustee Bateman, to move back into general session. Carried. Mayor Maedl reconvened General Session at 7:53 p.m. Chief Swick advised the Board the Police Officer Ronald Riley will be retiring as of September 15, 2008. He has been with the Village Police Department since Sept. 15, 1982 – a total of 26 years. The Board will acknowledge this at the September meeting. Village Coordinator advised the Board of some damage done to a vehicle by one of the DPW vehicles. Discussed option of paying for repairs. A motion was made by Trustee Bateman, and seconded by Trustee Westcott, authorizing the payment of repairs in the amount of $490. Carried. There being no further business, a motion was made by Deputy Mayor Conley, and seconded by Trustee Sarchia, to adjourn. Carried. Meeting adjourned at 7:55 p.m. Respectfully submitted, Rebecca A. Schweigert Clerk-Treasurer
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