Minutes

June 16, 2008

Body:
A regularly scheduled meeting of the Board of Trustees was held on Monday, June 16, 2008, in the Village Hall. Mayor Maedl opened the meeting at 7:00 p.m. Also present were Deputy Mayor Conley, Trustee Bateman, Trustee Westcott, Coordinator Dodge, Code Enforcement Officer Arlington, Clerk-Treasurer Schweigert, and Daniel E. Seaman, attorney. Trustee Sarchia was absent and Police Chief Swick joined the meeting at 7:55 p.m. Deputy Mayor Conley led the Pledge of Allegiance. There were representatives from Niagara Foods in attendance. Mayor Maedl opened the site plan review for the expansion plans at Niagara Foods. Tom Brandt, the attorney representing Niagara Foods, explained exactly what the expansion plans are and passed out copies of the plan. They intend to build a new processing plant that will provide 30 – 40 new jobs. The new plant will use a different processing method than the current one. The area is currently zoned industrial, so there are no issues there. The building will run along the current property line; however, they are buying the “trolley line” property from Rhineharts (the property adjacent to the north of this property), so there won’t be any encroachment issues, as once they own the property they will not be too close to the neighbor’s property. Village code requires the building to be at least 10 feet from the property line; due to the purchase, the building will be 60 feet from the property line. Mr. Dodge inquired about the impact of this new process on the Wastewater Treatment Facility. An ongoing issue is BODs from Niagara Foods. The new process will actually decrease the BODs. Mr. Dodge also questioned about waste production. The new process uses the juice that used to be discarded, so waste should be minimal. Mr. Dodge questioned the noise issue. The noise will be on the south side of the building, where there are no neighbors. The north wall will act as a solid buffer. Several other issues were addressed, such as parking, traffic flow, buffer area from trees, work shifts, neighbors’ concerns, etc. All were addressed satisfactorily. Mr. Seaman advised Mr. Brandt that the plans should be submitted to Wendel Duchscherer for review. He also advised that five large copies of the plans should be provided at the next site plan review. This meeting was just to inquire about the Village’s interest in the project. Niagara Foods must address two things: the site plan and the LWRP review. Based on what was presented tonight, he doesn’t see any LWRP problems. If the plans are submitted to our engineers soon enough, it is possible that they will have a response letter to the Village in time for a site plan review at the July 21, 2008, Board meeting. A motion was made by Trustee Bateman, and seconded by Trustee Westcott, to approve the minutes of the May 19, 2008, meeting. Carried. A motion was made by Deputy Mayor Conley, and seconded by Trustee Bateman, to authorize the bills submitted on Abstract 13-W in the amount of: $16,690.42; Water: $284.67; Sewer: $4,766.57; Total: $21,741.66. Carried. A motion was made by Trustee Westcott, and seconded by Deputy Mayor Conley, to authorize the following budget transfers for Abstract 13-W in the 2007-2008 budget: TO FROM AMOUNT A1325.2 A1010.4 $16.79 A1325.4 A1640.2 $148.44 A1420.4 A1640.2 $115.00 A1640.4 A1620.4 $1,380.16 A3120.11 A3120.13 $1,523.52 A3120.12 A3120.13 $1,436.25 A3120.4 A3120.13 $3,376.52 A5110.4 A5112.2 $2,902.95 A5182.4 A8560.4 $1,943.08 A7110.4 A7110.2 $383.23 A7180.4 A8140.2 $350.71 A8989.4 A1990.4 $12.479.00 A9030.8 A9040.8 $390.49 A9060.8 A5410.8 $5,175.26 F8310.12 F1990.4 $1,243.20 F8310.13 F1990.4 $1,243.20 G8110.1 G1990.4 $1,730.78 G8120.4 G8130.4 $980.16 G8130.1 G1990.4 $1,557.83 G8130.11 G1990.4 $2,231.61 G9030.8 G8130.4 $50.93 Total: $40,659.11. Carried. A motion was made by Trustee Bateman, and seconded by Deputy Mayor Conley, to authorize payment of bills submitted on Abstract No. 1-X in the amounts of: General: $31,275.69; Water: $324.97; Sewer: $2,350.80; Total: $33,951.46. Carried. A motion was made by Trustee Westcott, and seconded by Deputy Mayor Conley, to approve payrolls No 27 for week ending May 31, 2008, and Payroll No. 1 for week ending June 14, 2008. Carried. A motion was made by Trustee Bateman, and seconded by Deputy Mayor Conley, to approve the interest payment of $3,254.29 to M&T Investments on the Sewer Improvement Loan on or before July 1, 2008. Carried. The Treasurer’s report was submitted and accepted for the month of May 2008. The Public Works report was submitted and accepted for the month of May 2008. The Village and Town Police reports were submitted and accepted for the month of May 2008. The fire report was submitted and accepted for the month of May 2008. A motion was made by Trustee Westcott, and seconded by Deputy Mayor Conley, to approve the summer youth swim program beginning June 30 through August 8, 2008. Carried. A motion was made by Deputy Mayor Conley, and seconded by Trustee Bateman, to approve Kathy Mullin as swim director at a rate of $13.50 per hour. Carried. A motion was made by Deputy Mayor Conley, and seconded by Trustee Bateman, to approve the following individuals to the positions of Swim Instructor: Jill Crosby at a rate of $12.00 per hour; Meaghan Morse at a rate of $8.50 per hour; and Holden Wagner at a rate of $8.50 per hour; Peggy Maigret at a rate of $8.00 per hour, and Kathy Ellnor at a rate of $8.00. Carried. A motion was made by Trustee Bateman, and seconded by Deputy Mayor Conley, to approve the summer recreation program for the period July 7 through August 1, 2008, to be held at the Scout House. Carried. Clerk Schweigert advised the Board that she worked with Civil Service to get the titles straight for the program. Civil Service changed the titles to one Recreation Leader and two Recreation Aides, as that is how it should have been from the start. We were improperly advised job titles when the program started up again. Because there is no budgetary change, the Board doesn’t need to take any action regarding this. A motion was made by Trustee Westcott, and seconded by Trustee Bateman, to hire the following individuals at the designated job and pay rate: Ashley Herriven, Rec. Leader, $11.00/hour; Amanda Conley and Allison Dauphin, Rec. Aides, at $7.25/hour. A motion was made by Deputy Mayor Conley, and seconded by Trustee Bateman, to authorize the sidewalk construction program 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 $3.00 per square foot of sidewalk replaced or fifty percent of the cost, whichever is less. Carried. Mr. Dodge will research and see if this is an adequate reimbursement amount. He will advise the Board at the July meeting if the price should be increased due to the increase of costs. This is an incentive program to get residents to keep sidewalks in good repair, so the monetary incentive should keep up with the costs. Correspondence: Documents arrived regarding the $40,000 grant from Senator Maziarz. Mayor Maedl, Mr. Seaman, Mr. Dodge, and Clerk Schweigert will meet to discuss this grant, as well as the $250,000 grant for the marina at the Basket Factory. Received notification that we did not get the design standard grant. Trustee Westcott asked about the status of 31 Main Street. Discussed possible action being taken on this building as there have been a few people interested in purchasing it, but it’s becoming dangerous due to decay. Trustee Westcott updated the Board on NIMS compliance. Sent the Village’s emergency response plan to Jim Volkosh; Mr. Westcott doesn’t anticipate that too many changes will be necessary to the plan. Deputy Mayor Conley advised he’d received complaints on Memorial Day regarding the grass needing mowing at the Commons. Mr. Dodge was out of town due to a family emergency, but he had been assured that the DPW personnel were mowing. Trustee Bateman updated the Board on the possibility of the nutrition program moving to Middleport. She gave Mr. Seaman a copy of the contract the County uses. The County would like the program up and running in September. Mr. Seaman will review the contract and advised the Board. Chief Swick advised the Board that he is updating the rules & regulations for his department. He will get them to Mr. Seaman’s office for review when they are ready. Mr. Arlington updated the Board on the brownfield status of 14 State Street . The county may have to get a warrant to get inside. He advised the Board that this building should be boarded up, as it is open to the public. Discussed emergency closure. The following resolution was offered by Deputy Mayor Conley, who moved its adoption, and seconded by Trustee Westcott, WHEREAS, 14 State Street and 31 Main Street are abandoned buildings in the Village of Middleport, and WHEREAS, due to vandalism, the buildings are now accessible, and WHEREAS, this access could present a danger to the general public by way of continued vandalism and/or arson, and thus an emergency situation has arisen, it is now THEREFORE, RESOLVED, that the Public Works Department of the Village of Middleport is hereby directed to board up these buildings to prevent continued access to them. The cost of these emergency measures will be added on to the annual Village taxes for these properties. The vote on the preceding resolution was as follows: Ayes: Deputy Mayor Conley, Trustee Bateman, Trustee Westcott, and Mayor Maedl; Nays: none; Absent: Trustee Sarchia; Abstentions: none. The resolution was duly passed. The next Northwestern Frontier Association of Village Officials meeting to be held on Wednesday, July 16, 2008, with the Village of Medina as host. The next regularly scheduled meeting of the Board of Trustees will be on Monday, July 21, 2008, at 7:00 p.m. There being no further business, a motion was made by Trustee Bateman, and seconded by Trustee Westcott, to adjourn. Carried. Meeting adjourned at 8:25 p.m. Respectfully submitted, Rebecca A. Schweigert Clerk-Treasurer
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