Minutes

November 17, 2008

Body:
A regularly scheduled meeting of the Board of Trustees was held on Monday, in the Village Hall. Mayor Maedl opened the meeting at 7:00 p.m. Also present were Trustee Bateman, Trustee Sarchia, Trustee Westcott, Coordinator Dodge, Police Chief Swick, Clerk-Treasurer Schweigert, and Daniel E. Seaman, attorney. Deputy Mayor Conley was absent. Trustee Bateman led the Pledge of Allegiance. There were several people in attendance, as well. Mayor Maedl opened the Public Hearing regarding the adoption of a proposed local law entitled “A Local Law of the Village of Middleport Establishing Residency and Proximity Restriction in the Village of Middleport for Sex Offenders Who Have Committed Criminal Offenses Against Minors.” Clerk Schweigert read the notice. Attorney Seaman gave a brief overview of the law to those in attendance, explaining that it is similar to those adopted by other municipalities. There being no comments, concerns, or questions, Mayor Maedl closed the public hearing. Eagle Scout candidate Matthew Johnson gave a presentation to the Board regarding the plans he would like to carry out for his Eagle Scout project. He would like to move the flag pole at the Scout House as trees have grown up around it, blocking the view of it. He would also like to install a sidewalk to the new location, if needed. He passed out copies of his plans. Discussed plans. A motion was made by Trustee Bateman, and seconded by Trustee Westcott, authorizing the project as presented, pending approval by Village Coordinator Dodge as to placement of pole and sidewalk. Carried. Eagle Scout candidate Richard Klee also addressed the Board. He asked for ideas that the Board might have for a project he could do. Mayor Maedl suggested underground sprinklers for the flower beds at the Scout House. Mr. Klee asked about anything that might need to be done at Margaret Droman Park. He was advised to discuss the landscaping plans that the Rotary has for the park, following the installation of the gazebo there. He will get in touch with the Rotary president about this. Mr. Klee asked if there were any current plans for the Gould property. Mayor Maedl advised that the Board would eventually like to see it become a year-round use park, but no specific plans are being considered at the present time. This would be a very costly project, which the Village can’t afford right now. A motion was made by Trustee Westcott and seconded by Trustee Bateman to approve the minutes of the October 20 and October 27, 2008, meetings. Carried. A motion was made by Trustee Sarchia, and seconded by Trustee Westcott, to authorize payment of bills submitted on Abstract 6-X in the amount of: General: $71,015.58; Water: $7,683.78; Sewer: $14,815.27; Total: $93,514.63. Carried. A motion was made by Trustee Bateman, and seconded by Trustee Sarchia, to approve payrolls 11 & 12 for weeks ending November 1 and November 15, 2008. Carried. A motion was made by Trustee Westcott, and seconded by Trustee Bateman, to authorize the 17th principal payment on December 1, 2008, for the Water System Improvement Bonds. Payment to be made from the Water Account as follows - Principal: $75,000; Interest: $10,500; Total: $85,500. Carried. A motion was made by Trustee Sarchia, and seconded by Trustee Westcott, to authorize payment for New York State Retirement obligations on or before December 15, 2008, as follows: Employees’ Retirement System amount is $28,794 & Police Retirement System amount is $24,261, for a total of $53,055. Carried. Treasurer’s report was submitted and accepted for the month of October 2008. Public Works report was submitted and accepted for the month of October 2008. Police reports for Village and Towns were submitted and accepted for the month of October 2008, with Chief Swick reading the highlights. The water and sewer billing for quarter ending November 1, 2008 was as follows: Water: $55,905.55; Sewer: $55,067.28; for a total of $110,972.83. Correspondence was read: Received a letter from Senator Maziarz regarding the Village’s opposition to the state law that would remove registrar duties from the Village Hall and move them to the County Clerk’s office. Mayor Maedl received correspondence from Spiros Antoniadis advising that if the Village would like help putting together the task force he recommended in his economic development plan, he would be willing to do so if the Village covered his travel costs. Discussed possibility of this. May authorize in the future once the costs are available. A motion was made by Trustee Westcott, and seconded by Trustee Bateman, to adopt the local law entitled “A Local Law of the Village of Middleport Establishing Residency and Proximity Restriction in the Village of Middleport for Sex Offenders Who Have Committed Criminal Offenses Against Minors.” The roll call vote was as follows: Ayes: Trustee Bateman, Trustee Sarchia, Trustee Westcott, and Mayor Maedl. Nays: none. Absent: Deputy Mayor Conley. Abstentions: none. The motion was duly passed. Discussed the demolition proceedings for 31 Main Street. Mr. Dodge has obtained quotes from four companies who do asbestos-related demolition and they all are between $25,000 and $35,000. Mr. Dodge has also been advised that DEC regulations require air quality monitory throughout the demolition of the building. This cannot be done by the same company doing the demolition. He received a quote from the only company in the area who does this kind of work. It is imperative that this building be demolished before winter sets in, as its collapse could cause asbestos to become airborne and there is a very real possibility of a resident being injured; it will be more costly to remove it if it collapses. Village procurement policy would require that this public works project be put out to bid as it costs more than $20,000; however, due to the necessity for speed in this situation as waiting will make it worse, there is no time for this. The following emergency resolution was offered by Trustee Westcott, who moved its adoption, and was seconded by Trustee Bateman, its collapse could cause asbestos to become airborne WHEREAS pursuant to the provisions of Section 103(4) of the General Municipal Law of the State of New York, the Village of Middleport does hereby find and determine that a public emergency exists in the Village of Middleport arising out of an unforeseen occurrence or condition whereby circumstances affecting the life, heath, safety, or property of the residents of the Village of Middleport requires immediate action which cannot await competitive bidding, as hereinafter set forth, and WHEREAS the structure located at 31 Main Street, in the Village of Middleport, requires immediate demolition as a substantial portion of the roof system has failed and is caving in, the chimney is missing masonry blocks and has a potential to collapse, a portion of eaves are pushed out and are leaning against an adjacent building, and the building is contaminated with asbestos, and WHEREAS the immediate demolition is to be performed by HR Environmental Contracting, and WHEREAS failure to demolish the building could cause dangers to the public, and WHEREAS there is insufficient time to prepare bid documents and to bid the demolition, and WHEREAS the Village of Middleport Village Coordinator Daniel A. Dodge recommends contracting with HR Environmental Contracting as the most expeditious way of performing the necessary immediate demolition to the structure, NOW, THEREFORE, BE IT RESOLVED that the Village of Middleport authorizes the awarding of a contract to HR Environment Contracting, without bid, in an amount not to exceed $25,600 to complete the demotion to the structure located at 31 Main Street, Middleport, New York, with work to commence immediately. The vote on the preceding resolution was as follows: Ayes: Trustees Bateman, Sarchia, and Westcott and Mayor Maedl; Nays: none; Absent: Deputy Mayor Conley; Abstentions: none. The resolution was duly passed. A motion was made by Trustee Bateman, and seconded by Trustee Sarchia, authorizing Mayor Maedl to execute the contract with HR Environmental Contracting for the demolition of 31 Main Street at a cost no greater than $25,600. Carried. A motion was made by Trustee Sarchia, and seconded by Trustee Westcott, to authorize AAction Environmental Services to do the air sampling during the demolition of 31 Main Street per DEC regulations at a cost no greater than $2,040. Carried. Mr. Dodge was given some paperwork for the Village regarding the shared services grant that the Village is applying for along with the Town of Royalton for a street sweeper. Although this was discussed and authorized at the October meeting, the figures have changed and Royalton would like it reauthorized. The following resolution was offered by Trustee Bateman, who moved its adoption, and seconded by Trustee Westcott WHEREAS the Village of Middleport, herein called the “Village,” after thorough consideration of the various aspects of the problem and study of available data, has hereby determined that certain work, as described in its application and attachments, herein called the “Project,” is desirable, is in the public interest, and is required in order to implement the Project; and WHEREAS the Village has taken under consideration making joint application with the Town of Royalton to the New York State Department of State Local Government Efficiency (LGE) Grant Program for creation of a Road Maintenance Task Force and purchase of Highway Maintenance Equipment to be used by the Task Force Team for road and storm sewer debris removal; and WHEREAS the New York State Department of State 2009 LGE grant program provides State assistance to local governments for government cost-reduction projects and the government deems it to be in the public interest and benefit to enter into a contract therewith; now, therefore, be it RESOLVED that, as mayor of the Village of Middleport, Julia A. Maedl is the appointed representative to act on behalf of the Village in all matters related to State assistance and is hereby authorized and directed to include the Village of Middleport as Co-Applicant Government on the New York State Department of State LGE grant application; and RESOLVED that, as Supervisor for the Town of Royalton, Richard J. Lang is hereby authorized, as Lead Application Government, to make application, execute the State Assistance Contract, submit Project documentation, and otherwise act for the Village’s governing body in all matters related to the Project and to State assistance; and further, RESOLVED that the Village agrees that it will fund its portion of the cost of the project in an amount not to exceed $20,000, or 5 percent of the total project cost, in local share funds, and upon approval of said request to enter into and execute a project agreement with the State for such financial Assistance for participation in the Royalton/Middleport Road Maintenance Task Force project. The vote on the preceding resolution was as follows: Ayes: Trustees Bateman, Sarchia, and Westcott, and Mayor Maedl; Nays: none; Absent: Deputy Mayor Conley; Abstentions: none. The resolution was duly passed. Clerk Schweigert advised the Board that she received a quote from Health Economics Group, Inc. in the amount of $4,500 for actuarial services to satisfy GASB 45 requirements. The village must begin to report actuarial costs of future retiree health insurance costs beginning with budget year ending May 2009. Attorney will review proposal and Board tabled the action. Chief Swick advised the Board that it is time to order a new police vehicle. It is in the budget to do so. He is looking at purchasing either a 6-cylinder Dodge Charger or Chevy Impala at state bid prices. Board discussed merits of purchasing a car for cost-savings in gas usage or purchasing another SUV. A motion was made by Trustee Sarchia, and seconded by Trustee Westcott, authorizing Chief Swick to purchase the vehicle of his choice at state bid prices, not to exceed $24,000. Carried. Trustee Bateman asked what will happen to the SUV that is being replaced. Chief Swick advised that it has no real value anymore due to the mileage on it. Will be determined in the future what to do with the 2003 vehicle. Mayor Maedl thanked the Police Department for excellent coverage on Halloween. She announced that the 2nd Annual Tree Lighting Service will be at 6:30 p.m. on Friday, November 28, 2008. There will be refreshments and a sing-a-long following the lighting. Gregg Despard, 4 Orchard Street, addressed the Board as he recently learned that a level 2 sex-offender has moved in next door. He said that he appreciated the time Chief Swick took to talk to him about this. He gave the Board a list of some ideas for future legislation regarding sex offenders that they might like to consider. The next regularly scheduled meeting will be held on Monday, December 15, 2008, at 7:00 p.m. in the Village Hall. A motion was made by Trustee Bateman, and seconded by Trustee Sarchia, to move into Executive Session for the purpose of discussions with the Village’s attorney. Carried. Mayor Maedl opened Executive Session at 8:12 p.m. A motion was made by Trustee Sarchia, and seconded by Trustee Westcott, to move back into General Session. Carried. Mayor Maedl reconvened General Session at 9:03 p.m. There being no further business, a motion was made by Trustee Westcott, and seconded by Trustee Sarchia, to adjourn. Carried. Meeting adjourned at 9:03 p.m. Respectfully submitted, Rebecca A. Schweigert Clerk-Treasurer
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