Minutes

December 15, 2008

Body:
A regularly scheduled meeting of the Board of Trustees was held on Monday, December 15, 2008, in the Village Hall. Mayor Maedl opened the meeting at 7:00 p.m. Also present were Deputy Mayor Conley, Trustee Bateman, Trustee Sarchia, Trustee Westcott, Coordinator Dodge, ClerkTreasurer Schweigert, and Daniel E. Seaman, attorney. Police Chief Swick joined the meeting at 7:38 p.m. Coordinator Dodge led the Pledge of Allegiance. There were two representatives of Flexcare Benefits in attendance, as well. A motion was made by Trustee Bateman and seconded by Deputy Mayor Conley to approve the minutes of the November 17, 2008, meeting. Carried. A motion was made by Deputy Mayor Conley, and seconded by Trustee Sarchia, to authorize payment of claims submitted on Abstract No. 7-X: General: $38,173.53; Water: $1,703.55; Sewer: $8,779.68; Total: $48,656.76. Carried. A motion was made by Trustee Westcott, and seconded by Deputy Mayor Conley, to approve payrolls number 13 and 14, for weeks ending November 29 and December 13, 2008. Carried. A motion was made by Trustee Bateman, and seconded by Trustee Sarchia, to authorize the Clerk-Treasurer to make the necessary budget transfers in the amount of $8,311.00, as follows: TO FROM AMOUNT A1325.11 A4020.1 $ 18.00 A1325.12 A4020.1 18.00 A3620.4 A1420.4 2,000.00 A9010.8 A8160.4 6,224.00 A9015.8 A8160.4 51.00 TOTAL: $8,311.00 Carried. A motion was made by Trustee Westcott, and seconded by Trustee Bateman, to authorize the Clerk-Treasurer to submit the 7th principal payment on January 2, 2009, for the EFC Water System Serial Bonds-2000. Payment to be made from the Sewer Account as follows: Principal: $20,000.00; Interest: $3,298.44; Total: $23,298.44. Carried. The Treasurer’s report was submitted and accepted for the month of November 2008. The Public Works report was submitted and accepted for the month of November 2008. Mayor Maedl extended her thanks to the DPW for getting the tree ready for the tree lighting ceremony on November 28, 2008. The gift boxes made by the DPW and placed under the tree were a nice touch and really added to the atmosphere. The Village and Town Police reports were submitted and accepted for the month of November 2008. A motion was by Deputy Mayor Conley, and seconded by Trustee Sarchia to hold the Village Election on Wednesday, March 18, 2009. The polling place will be the Village Hall, and polls will be open from 12 o’clock noon until 9:00 p.m. Carried. Correspondence was read. Received a letter from a boater thanking & praising Police Officer Austen Brechue for his aid on September 22. Attorney Seaman updated the Board on the activity to take ownership of 31 Main Street. The following resolution was offered by Trustee Westcott, who moved its adoption, and seconded by Deputy Mayor Conley, WHEREAS the County of Niagara, pursuant to In Rem Tax Foreclosure Proceeding under Index No. 130991 – Parcel No. 2002-053-SBL No. 86.13-1-29 – 31 Main Street, Middleport, New York, has acquired title to said premises, and WHEREAS, pursuant to proceedings under the Village of Middleport’s dilapidated and unsafe building law, The Village is under the process of demolishing the building on said premises at considerable expense and has the right to assert tax liens for said demolition, and WHEREAS, certain negotiations have taken place, NOW, THEREFORE, BE IT RESOLVED upon transfer of the title to the premises to the Village of Middleport, the Mayor of the Village is hereby authorized and directed to enter into an agreement containing the following language: In consideration for transfer of the title of the premises to the Village of Middleport, the Village of Middleport does hereby waive any and all of its liens, including any demolition lien, in consideration of the transfer of title, and the Village of Middleport shall hold harmless the County of Niagara, the County Treasurer, and their successors and assignees with respect to any damages or liability arising from any contamination or other environmental issues now or hereafter existing. The vote on the preceding resolution was as follows: Ayes: Deputy Mayor Conley, Trustees Bateman, Sarchia, and Westcott, and Mayor Maedl; Nays: none; Absent: none; Abstentions: none. The resolution was unanimously passed. Discussed dirt in parking lot across from Fire Hall, which is a result of the remediation efforts done by the Fire Department. DEC has given all clear for the dirt to be moved. Fire Dept. will make arrangements to have it trucked to the Mountain Road well site for remediation. Coordinator Dodge gave update on 31 Main Street demolition. Equipment is in place and demolition will begin tomorrow. Sign placed on Village property next to Doctor Stahl’s on North Main Street will be turned so people entering the Village can read it. Move will be done in spring. Discussed where remaining signs will go. The next regular Board meeting will be held on Tuesday, January 20, 2009, at 7:00 p.m. (This is the third Tuesday due to the federal holiday, Martin Luther King Day, on Monday, January 19, 2009). A motion was made by Trustee Bateman, and seconded by Trustee Sarchia, to move into executive session for the purpose of discussions regarding proposed, pending, and current litigation. Carried. Executive Session opened at 7:27 p.m. A motion was made by Trustee Westcott, and seconded by Trustee Sarchia, to return to general session. Carried. Mayor Maedl reconvened general session at 8:13 p.m. A motion was made by Trustee Westcott, and seconded by Trustee Sarchia, which allowed that any retiree eligible for health care coverage by the Village of Middleport who is able to obtain health care coverage from another source, shall not be precluded from resuming coverage offered by the Village should the other insurance become unavailable. Carried. A motion was made by Deputy Mayor Conley, and seconded by Trustee Bateman, to authorize Mayor Maedl to execute a contract with Spiros Antoniadis for his travel expenses at a cost of no more than $1,800 for helping the Village set up a committee to carry out the economic development plan his company prepared for the Village in 2008. Carried. There being no further business, a motion was made by Deputy Mayor Conley, and seconded by Trustee Bateman, to adjourn. Carried. Meeting adjourned at 8:14 p.m. Respectfully submitted, Rebecca A. Schweigert Clerk-Treasurer
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