Minutes

July 21, 2008

Body:
A regularly scheduled meeting of the Board of Trustees was held on Monday, July 21, 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, Police Chief Swick, Clerk-Treasurer Schweigert, and Daniel E. Seaman, attorney. Chief Swick led the Pledge of Allegiance. Also in attendance was Town Councilperson Jennifer Bieber and property owner Curtis Hall. A motion was made by Trustee Bateman, and seconded by Trustee Westcott, to approve the minutes of the June 16 and June 23, 2008, meetings. Carried. A motion was made by Deputy Mayor Conley, and seconded by Trustee Sarchia, to authorize payment of bills submitted on Abstract No. 2-X. General: $66,958.21; Water: $15,761.43; Sewer: $18,042.03; Total: $100,761.67. Carried. The Treasurer’s report was submitted and accepted for the month of June 2008. The Village and Town Police reports were submitted and accepted for the month of June 2008, with Chief Swick reading the highlights. Discussed the 2008 I&I proposal submitted by Wendel Duchscherer. Mr. Dodge advised the Board that Robert Locey of the DEC had some concerns about information submitted by TekSmith in the 2007 I&I report. Discussed what his concerns were. Attorney Seaman advised that this information should be brought to Wendel’s attention, to get a response and recommendation from them regarding this. A motion was made by Trustee Westcott, and seconded by Deputy Mayor Conley, to accept Wendel Duchscherer’s proposal for the 2008 I&I investigation and report at a cost not to exceed $17,500, pending discussion with and resolution by Wendel Duchscherer with Mr. Dodge’s approval. Carried. Correspondence was read: Received a certified letter from Randall Philo that he has applied to the New York State Liquor Authority for an on-premise liquor license for the premise located at 29 Main Street. Received a notice from the NYS PSC soliciting comments regarding the “Proceeding on Motion of the Commission to Examine the Safety of Consolidated Edison Company of New York, Inc.’s Electric Transmission and Distribution Systems.” Received from the NYS PSC soliciting comments regarding “In the Matter of Verizon New York Inc.’s Network Review Plan.” Received a notice from C.W.Baker Insurance that our premium will drop $3,400 this year. Received a notice from the Niagara County landfill and recycling about a new free program they are offering to Niagara County residents for recycling electronics and non-hazardous materials. Trustee Westcott updated the Board on the ongoing DEC issue with the parking lot across from the Fire Hall. The lease agreement with the Village ends at the end of August. This will need to be updated. The Fire Company is exploring their options in having the underground tanks removed. Trustee Westcott also updated the Board on the Village’s Emergency Response plan. Clerk Schweigert will meet with Jim Volkosh to utilize the Empire State Master Plan with regards to our plan. Training will be set up in a few months for all Village employees. Trustee Bateman advised the Board that an application was received from Alternative Grounds Caffé for the Grassroots Grant money that is available. They have completed their final project to get the upstairs open, by installing an emergency escape ladder in the back. The committee met and feels the money should be awarded. A motion was made by Deputy Mayor Conley, and seconded by Trustee Westcott, authorizing the disbursement of $1,198 to Alternative Grounds Caffé from the Grassroots Grant program. Carried. Clerk Schweigert advised the Board that, at the July Municipal Clerks’ Association meeting, she heard about the county’s Greenway money that is available for green space programs. The “Gould Property” project would qualify for this money. Mr. Dodge will call the Niagara County Economic Development Department to find out how to apply for this grant. A request came in from Sue Ann Palmer, 5 Butler Parkway, asking to close down Butler Parkway to traffic on Saturday, September 6, 2008, for a block party. A motion was made by Deputy Mayor, and seconded by Trustee Westcott, granting permission to close Butler Parkway to traffic on Saturday, September 6, 2008. Carried. Mr. Dodge will provide DPW traffic barriers to the residents for use that day. Mr. Dodge received a letter from the owner of Hydrofabrication, Inc., asking if it is possible to have the water he uses for his hydrocutters be metered separately so he doesn’t have to pay sewer charges on the water. The water is discharged into a storm drain and does not go into the sanitary sewer. He is paying approximately $400 per quarter for sewer charges and is looking for relief from this charge. More research must be done regarding this. Chief Swick advised that the donation box in the public restrooms was stolen last week. He suggested the donation box at the north end of the Public Works building be moved to the outside of the restrooms. Mayor Maedl agreed. Discussed signage for donations. Attorney Seaman advised the Board they should move forward on taking action on 31 Main Street. Code Enforcement Officer Tom Arlington submitted a report on the condition of the building. The Board should declare it dilapidated and unsafe, order the demolition, serve the owner, have a hearing, advise the owner to remove the contents of the building. He recommends that the hearing be held at the August Board meeting. The following resolution was offered by Trustee Westcott, who moved its adoption, and seconded by Trustee Sarchia, WHEREAS, a report dated June 17, 2008, to the Village Board, has been prepared and filed by Thomas Arlington, Village of Middleport Building Inspector, concerning the building known as 31 Main Street; Tax Map No. 86.13-1-29, 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: Mary L. Busch ADDRESS: 31 Main Street, Middleport, New York PLEASE TAKE NOTICE, that this Board determined the building owned by you at 31 Main Street, Middleport, New York, Tax Map No. 86.13-1-29, to be a dangerous and unsafe building, AND TAKE FURTHER NOTICE THAT: A. PREMISES: The location of the building 31 Main Street, Middleport, New York (Tax Map No. 86.13-1-29) B. PARTICULARS: The building at the above location is unsafe and dangerous in the following respects: 1. Substantial portion of roof system has failed and caving in. 2. Portion of eaves are pushed out. North side eaves appear to be pushed again the south wall of the adjacent building. Building does not share a party wall with adjacent building. 3. Roofing and siding are in a state of deterioration due to lack of maintenance. Portions of siding and roofing materials are missing. 4. Masonry chimney is missing bricks and in a state of disrepair. Potential for collapse. 5. Missing gutters/downspouts. 6. 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). 7. Building interior appears in a state of disrepair. C. The building shall be made safe and secure in the following manner: 1. The roof shall be repaired and/or replaced to meet all codes. 2. The eaves shall be repaired on the north side. 3. The siding shall be repaired and/or replaced to meet all codes. 4. The chimney shall be repaired to meet all codes. 5. The gutters and downspouts shall be repaired and replaced and properly installed. 6. The service entrances cable shall be repaired and/or replaced to meet all codes. 7. The building interior shall be repaired to meet all codes. 8. The decaying exterior surfaces shall be repaired and replaced to meet all codes. 9. The entire building shall be made structurally sound and brought up to meet all codes. 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 the 18th day of August, 2008, at 6:45 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. The vote on the preceding resolution was as follows: Ayes: Mayor Maedl, Deputy Mayor Conley, Trustee Bateman, Trustee Sarchia, Trustee Westcott; Nays: none; Abstentions: none; Absent: none. The resolution was unanimously passed. Trustee Bateman asked Attorney Seaman for the status on the County Nutrition program at the Scout House. Attorney Seaman has sent revised contracts to the County. The county will provide transportation to the site from the Middleport Seniors complex and from Gasport. A motion was made by Deputy Mayor Conley, and seconded by Trustee Bateman, authorizing the use of the Scout House at 131 Telegraph Road by the Niagara County Nutrition Program for their senior nutrition program. The program is to be held on Mondays and Tuesdays, excluding the Tuesdays the Middleport Senior Citizens Group is in attendance, unless the Seniors want to be included in the program. Carried. Mayor Maedl advised the Board that there will be a reception on August 4 from 7 – 9 pm to celebrate that the group raising funds to reopen the Middleport Outdoor Playground has reached its first goal. Mayor Maedl passed around copies of the new brochure that has been developed promoting the Village. The brochure was created by Pat Fagan and Mayor Maedl. It will be sent to realtors in the area and will be used to promote economic development, as well. Royalton Councilmember Jennifer Bieber went on record to thank Mr. Dodge and DPW for hanging Bicentennial banners in the hamlet of Gasport. Curtis Hall, owner of 1 and 3 Vernon Street, addressed the Board. He has recently inherited these buildings and would like to restore them. He plans to petition the Board in the future to install an apartment at 3 Vernon. A motion was made by Deputy Mayor Conley, and seconded by Trustee Bateman, to move into Executive Session at 8:17 p.m. for the purpose of discussions regarding collective negotiations pursuant to the Taylor Law. Carried. A motion was made by Trustee Bateman, and seconded by Deputy Mayor Conley, to return to General Session. Carried. Mayor Maedl reconvened general session at 8:52 p.m. There being no further business, a motion was made by Trustee Bateman, and seconded by Deputy Mayor Conley, to adjourn. Carried. Meeting adjourned at 8:52 p.m. Respectfully submitted, Rebecca A. Schweigert Clerk-Treasurer
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