Minutes

July 20, 2009

Body:
A regularly scheduled meeting of the Board of Trustees was held on Monday, July 20, 2009, 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. Guest George Richardson led the Pledge of Allegiance. There were several Village residents in attendance, as well. A motion was made by Trustee Bateman, and seconded by Trustee Westcott, to approve the minutes of the June 15, 2009, and July 1, 2009, meetings. Carried. A motion was made by Trustee Westcott, and seconded by Trustee Sarchia, to authorize payment of bills submitted on Abstract No. 02-09/10. General: $59,067.67; Water: $14,567.23; Sewer: $10,741.97; Total: $84,376.87. Carried. A motion was made by Trustee Bateman, and seconded by Trustee Sarchia, authorizing the transfer of $20,000 from the Water Fund to the Sewer Fund. Carried. A motion was made by Trustee Westcott, and seconded by Trustee Bateman, to approve payrolls 2 and 3 for weeks ending June 27 and July 11, 2009. Carried. The Treasurer’s report was submitted and accepted for the month of June 2009. The Public Works report was submitted and accepted for the month of June 2009. The Village and Town Police reports were submitted and accepted for the month of June 2009, with Chief Swick reading the highlights. The Code Enforcement report was submitted and accepted for the month of June 2009. Mayor Maedl advised the Board that we had submitted a request to the Niagara County Youth Board for a summer helper to water and weed the flower barrels on Main and State Streets and the flowers at the Bell and the Commons. We were turned down as we weren’t offering enough hours per week. There is a Middleport resident who wanted this job, so Mayor Maedl and Clerk Schweigert discussed creating a seasonal position for this. It can be funded with the unused wages from the recreation program, since we only hired one Rec Aide instead of the two budgeted. Clerk Schweigert contacted Niagara County Civil Service regarding this. They recommended creating a position called “Seasonal Help Labor,” as one of the jobs listed in the specifications is care of flowers. We can create the position tonight, pending Civil Service approval so we don’t have to wait until the August meeting. Civil Service advised they would have no reason to deny our request. A motion was made by Trustee Westcott, and seconded by Trustee Bateman, to create the position “Seasonal Help Labor” at a minimum of 6 hours per week to a maximum of 15 hours per week, pending civil service approval. This position would be for the care and watering of the flowers on Main & State Streets and in the gardens. In future years it will run from mid-May to mid-September. Carried. A motion was made by Trustee Westcott, and seconded by Trustee Sarchia, to authorize the hiring of a person to be determined by Mayor Maedl for the position of “Seasonal Help Labor” at a rate of minimum wage ($7.25/hour) starting July 27, 2009. State Labor laws will be followed when considering the age of the employee. Carried. Correspondence was read: Received a request from Sue Ann Palmer, 5 Butler Parkway, for a request to close Butler Parkway on September 12, 2009, for a block party. Permission granted. Received a notice from Fred Fierch that he has applied to renew the liquor license at Pizza Place II on Telegraph Road. Received a thank you from the Middleport Free Library for the increase in funding. The sampler at the Sewer Treatment Plant stopped working on July 18. It was sent in to see what was wrong. It was probably hit by lightning. The DEC has informed us that it is unacceptable to continue using the manual sampler that we’ve been using in place of the broken one. The cost of repair would be about $1,700 and replacement would be about $2,200. Because the unit is 5 years old, Coordinator Dodge recommends replacing rather than repairing it. We reported this to our insurance company. They will pay for the cost of replacement, less our $1,000 deductible. A motion was made by Trustee Westcott, and seconded by Trustee Sarchia, to authorize the purchase of a sampler at a cost of $2,190 from Pertech. Carried. Trustee Westcott updated the Board on the dirt removal from the Fire Department’s parking lot. The Fire Department paid for a stone road to be put in at the Mountain Road property, so Nature’s Way could move the dirt there. It has all been removed from the parking lot. Nature’s Way will spray enzymes on the dirt on a monthly basis to clean it up. It is possible that it could be completely remediated within one year. Trustee Bateman asked if backfill had been put in at the lot at 31 Main Street. The DPW has begun doing that. Trustee Westcott asked if any quotes had come in for brickwork repairs at 29 Main Street. Mr. Dodge has only received on so far, at a cost of about $29,000. Clerk Schweigert advised that we cannot do any work without borrowing money for it. Mr. Dodge is waiting for more quotes and hopes they are less than the one already received. Discussed Watson Avenue issue. Parking is no longer a problem as two residents are allowing parking on their properties. The noise issue continues to be a problem, though. Discussed issue. Neighbors need to contact the police and file a complaint so something can be done. At this time Chief Swick presented Officer Roland Johnson and Officer Brandon Annable with certificates of bravery for their role in saving Marion & Donald Lepkoske from a house fire at their residence on Telegraph Road. Both officers entered a burning building to guide the Lepkoskes out. Mayor Maedl presented a good citizenship certificate to George Richardson for his role in saving the Lepkoskes. He noticed the fire at their home, called the fire department, and stayed and assisted Officers Johnson and Annable in getting the Lepkoskes to safety. The access agreement with FMC needed to be updated. This agreement gives FMC permission to enter and test village-owned property. A motion was made by Trustee Westcott, and seconded by Trustee Bateman, authorizing Mayor Maedl to execute the Agreement between Village of Middleport and FMC Corporation, Amendment No. 1, for the 2007 Early Action Environmental Remedial Work. Carried. Discussed the Collateral Source Legislation. This is legislation that would end the unfair double recoveries of lost future earnings that are currently permitted only in favor of public employees against their public employers in personal injury and other tort actions. The Board supports passage of this legislation. The following resolution was offered by Trustee Westcott, who moved its adoption, and seconded by Trustee Sarchia, WHEREAS under current state law public employees hurt on the job are paid twice, both times out of the taxpayers pocket for the same lost future earnings; and WHEREAS a bill proposed by the NYS Trial Lawyers Association has now been introduced in the Legislature (S.4080-A by Senator Schneiderman/A.7504-A by M. of A. Weinstein) which, in addition to ending the unfair double recoveries against public employers, will also remove an impediment to the settlement of tort actions; and WHEREAS the bill would protect all parties in the lawsuit (including public employer defendants) who settle the case from then being subjected to a claim by a health benefit provider or other collateral source payer for reimbursement of monies paid to the plaintiff – unless there is a statutory right to such reimbursement, thereby encouraging settlements; NOW, THEREFORE, BE IT RESOLVED that the Village of Middleport Board of Trustees supports these bills and urges our lawmakers to vote these into law; and BE IT FURTHER RESOLVED that a copy of this resolution be forwarded to Peter J. Kiernan, Counsel to the Governor; New York State Senate Majority Leader Malcolm A. Smith; New York State Assembly Speaker Sheldon Silver; Senator George Maziarz; Assemblywoman Jane Corwin; and Assemblywoman Francine DelMonte. The vote on the preceding resolution was as follows: Ayes: Trustee Bateman, Trustee Sarchia, Trustee Westcott, Mayor Maedl; Nays: none; Absent: Trustee Sarchia; Abstention: none. The resolution was duly passed. Coordinator Dodge asked for a budget for the car cruise to be held in September. He has decided to hold a cruise rather than a car show as it is easier and doesn’t involve fundraising and dispensing of prizes. He will need a budget for an announcer and publicity. The RH Business Association will assist him with the car show and will have a concession stand at the cruise. The cruise will be held during the timeframe that the car show traditionally was, with a possibility of adjusting the hours a little to accommodate the churches that have services that conflict with the time. A motion was made by Trustee Bateman, and seconded by Trustee Sarchia, authorizing a budget of no more than $1,000 for the car cruise to be held on Sunday, September 13, 2009. Carried. The next regularly scheduled meeting of the Board of Trustees will be held on Monday, August 17, 2009, at 7:00 p.m. There being no further business, a motion was made by Trustee Sarchia, and seconded by Trustee Westcott, to adjourn. Carried. Meeting adjourned at 7:38 p.m. Respectfully submitted, Rebecca A. Schweigert Clerk-Treasurer
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