Minutes

June 15, 2009

Body:
A regularly scheduled meeting of the Board of Trustees was held on Monday, June 15, 2009, 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, Police Chief Swick, Clerk-Treasurer Schweigert, Code & Zoning Officer Tom Arlington, and Daniel E. Seaman, attorney. Trustee Sarchia was absent. Helen Feron led the Pledge of Allegiance. There were several people in attendance, as well. At this time Mayor Maedl turned the meeting over to Helen Feron of Absolut Care. She announced the first, second, and third place winners of the second annual Village of Middleport Civics Day posters. Prizes were provided by Ridge Road Express. Runners up were given a certificate of participation. Corey Callaghan, president of the class of 2009, addressed the Board. The class of 2009 would like to install a full court basketball court at the Middle School as its gift to the school. He asked if the Village could help by borrowing the Town of Royalton’s paver and install the pavement. Mr. Dodge advised that Royalton no longer has a paver; he suggested that the class get ahold of the Town of Hartland to see if they have a paver. A motion was made by Trustee Bateman, and seconded by Deputy Mayor Conley, to approved the minutes from the May 18, 2009, meeting. Carried. A motion was made by Trustee Westcott, and seconded by Trustee Bateman, to authorize payment of bills submitted on Abstract No. 13-W in the amount of: General: $16,260.17; Water: $2,186.67; Sewer: $4,682.39; Total: $23,129.23. Carried. A motion was made by Deputy Mayor Conley, and seconded by Trustee Westcott, to make the following budget transfers in the 2008-2009 budget: TO FROM AMOUNT A1325.4 A5110.4 $593.83 A1420.4 A8140.4 $1,605.71 A1430.4 A1490.2 $80.00 A1440.4 A5110.4 $518.30 A1620.4 A1450.4 $143.34 A1640.4 A5110.4 $712.02 A3120.4 A5110.4 $2,065.72 A3620.4 A3510.4 $100.00 A7110.4 A5110.4 $2,941.30 A7550.4 A5110.4 $425.00 A8989.4 A9710.4 $408.82 A9060.8 A9050.8 $183.35 A1490.11 A5110.4 $2,952.80 A3120.1 A3120.13 $0.02 A3120.11 A3120.13 $149.91 A3120.12 A3120.13 $431.81 F8310.2 F1990.4 $1,956.67 F9030.8 F1990.4 $360.50 G8110.4 G9110.4 $101.48 G8120.4 G9110.4 $4,111.00 G9055.8 G9110.4 $4.50 G8110.12 G9110.4 $18.00 G8110.13 G9110.4 $18.00 G8130.11 G9110.4 $445.02 TOTAL $20,327.10 Carried. A motion was made by Deputy Mayor Conley, and seconded by Trustee Bateman, to authorize payment of bills submitted on Abstract No. 1-0910 in the amount of: General: $56,946.08; Water: $3,166.68; Sewer: $5,811.60; Total: $65,924.36. Carried. A motion was made by Trustee Bateman, and seconded by Deputy Mayor Conley, to approve payrolls No. 26 and No. 1 for weeks ending May 30 and June 14, 2009. Carried. A motion was made by Deputy Mayor Conley, and seconded by Trustee Westcott, to authorize interest payment of $3,064.57 to M & T Investments on the Sewer Improvement Loan on or before July 1, 2009. Carried. The Treasurer’s report was submitted and accepted for May 2009. The Public Works report was submitted and accepted for May 2009. The Village and Town Police reports were submitted and accepted for May 2009, with Chief Swick reading the highlights. The Code Enforcement report was submitted and accepted for May 2009. A motion was made by Trustee Bateman, and seconded by Deputy Mayor Conley, to approve the Summer Youth Swim Program beginning July 6 through August 14, 2009. Carried. A motion was made by Trustee Westcott, and seconded by Deputy Mayor Conley, to hire Kathy Mullin as Swim Director at $14.00 per hour. Carried. A motion was made by Trustee Bateman, and seconded by Trustee Westcott, to hire the following individuals for the positions of Swim Instructor: Jill Crosby at a rate of $12.50 per hour; Meaghan Morse at a rate of $9.00 per hour; Kathy Ellnor at a rate of $8.50 per hour and Rachael Phipps at a rate of $8.00 per hour. All are pending Civil Service approval. Carried. A motion was made by Deputy Mayor Conley, and seconded by Trustee Westcott, to approve the Summer Recreation program for the period July 6 through July 31 to be held at the Scout House. Carried. A motion was made by Trustee Westcott, and seconded by Trustee Bateman to hire the following individuals for the Recreation Program: Heather Pedini, Rec. Leader at a rate of $11 per hour and Ashley Herriven as Rec. Aide at a rate of $9 per hour. Carried. A motion was made by Deputy Mayor Conley, and seconded by Trustee Westcott, 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, and June 16, 2008, setting the amount of reimbursement to $3.00 per square foot of sidewalk replaced or fifty percent of the cost, whichever is less. Carried. Correspondence was read: Received a letter from Niagara County Youth Bureau that we will be receiving $509 for the swim program. We had previously received notification that we would not receive any funding. Received a notice from NYCOM of some zoning and planning training they will be offering. A motion was made by Deputy Mayor Conley, and seconded by Trustee Westcott, to approve the proposal in the amount of $17,500 from Wendel Duchscherer for the 2009 I&I program costs. Carried. Mr. Dodge advised that the DEC and Wendel have both recommended that we do smoke testing of the sanitary sewer system as too much water is still going through in the Sherman Road area. Discussed whether we need to contract this out or if the DPW can do it. If the DEC okays it, the DPW will do the testing. It will cost much less than the $6,000 proposed by TekSmith. Mr. Dodge will check with Wendel and the DEC to see if the village can do the testing. Discussed the tree issue brought up at the May meeting by the Perrys of 33 Kelly Avenue. Mayor Maedl reported that the village’s tree committee did meet and made a recommendation. The following is their report: Village of Middleport Tree Committee Report On Property at 33 Kelly Avenue, Middleport, NY Owned by Chuck and Marge Perry Monday, June 1, 2009 The Tree Committee met on the property and met personally with Mrs. Perry. The Committee unanimously agreed on the following: There are three maples on village property by the street. There are too many trees for the frontage on the property and these trees were planted too closely together. 1. The middle maple can be trimmed by the homeowners to allow more light and air through the dense tree. This trimming will help the tree stay healthy as well as look nicer. 2. The northern most maple can be totally removed. This street maple should never have been planted. It visually blocks a busy entry/exit side street—Manor Lane. The maple is impinging upon the healthy growth of a Japanese red maple on the Perry property. 3. The southern-most maple can also be totally removed. Its growth is impinging on the utility lines coming into the home from the street. It also is crowding out a more southerly maple on the property adjacent to that of the Perry’s. The Tree Committee feels each property and tree situation in Middleport is unique and the decision on this individual case in no way sets precedence. Any future requests that may arise by property owners will have to go through a similar on-site examination and evaluation by the Tree Committee. The Tree Committee’s unanimous decision is also based on the property owner’s agreement to pay all expenses incurred with the removal of the two trees and the trimming of the middle tree. At their expense, the property owners will also plant a substantial ornamental tree near the vacant spot left by the removal of the southerly maple tree. The Tree Committee is also cognizant of the fact that the property owners have been good neighbor residents of the Village of Middleport for at least sixty years. They have kept their current residence in impeccable condition so that anyone passing by the home would comment on its neatness and attention to any necessary repairs. The owners have earned a respectful review of their unique situation. The following resolution was offered by Trustee Westcott, who urged its adoption, and seconded by Deputy Mayor Conley: WHEREAS, a request has been made to allow removal of trees in the street right-of-way at 33 Kelly Avenue, and WHEREAS, the Village Tree Committee has reviewed the situation and has submitted findings dated June 1, 2009 to the Village Board, and WHEREAS, this Board has reviewed the findings and recommendations of the Committee, now, therefore, be it RESOLVED, the findings and recommendations of the Committee are adopted by this Board, and be it further RESOLVED, that the owners of 33 Kelly Avenue are hereby authorized to remove and trim trees, at their own expense, in accordance with recommendations set forth in said report provided that the trees are removed and trimmed by an insured contractor and that proof of insurance is provided to the Village and further provided that removal and trimming is done on notice to the village Department of Public Works, and further provided that a replacement ornamental tree is planted as recommended by the Tree Committee, and be it further RESOLVED, that this Resolution shall not be taken as precedence for future tree removals in the Village street right-of-way by property owners. 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. Clerk Schweigert advised that a resolution must be passed agreeing to become a member of Digital Towpath in order to get access to a website. The following resolution was offered by Deputy Mayor Conley, who urged its adoption, and seconded by Trustee Bateman: WHEREAS the Village of Middleport will established and maintained a municipal website using the Digital Towpath Municipal Website Template, and WHEREAS the Village of Middleport expects to realized an increase in service to the residents of our village through the operation of our website, and WHEREAS the continued operation and expansion of our website will continue to enhance our citizens’ e-government interaction with our village, and WHEREAS the municipalities in New York State using the Digital Towpath Municipal Website Template are banding together to form the Digital Towpath Cooperative, and WHEREAS the intermunicipal joint service agreement establishing this cooperative has been presented to and reviewed by this board, NOW THEREFORE we authorize Mayor Maedl to sign the intermunicipal Joint Service Agreement establishing the Digital Towpath Cooperative and hereby designate Clerk-Treasurer Rebecca Schweigert to represent our village in all proceedings of that body. 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. Discussed 29 Main Street. The Village will only need to get the south wall safe. Mr. Dodge has contacted a couple of places regarding the brickwork. Mr. Seaman will have a resolution ready at the next meeting and the unsafe building hearing will be at the August meeting. Don Heschke of Sigmamotor at 3 N. Main Street addressed the Board. He showed them the site plan he had drawn up. His petition has been granted approval by the Niagara County Zoning Department pending Village approval. Attorney Seaman felt that an area variance could be granted quicker. Zoning Officer Arlington felt that rezoning was more appropriate. Discussed rezoning versus area variance. Determined that rezoning would be better in this case. Rezoning will require an amendment to the Village’s zoning law. Deputy Mayor Conley introduced the amendment to Chapter 200 of the Code of the Village of Middleport and the Zoning Map of the Village of Middleport. A motion was made by Trustee Westcott, and seconded by Deputy Mayor Conley, to establish a public hearing at a special meeting of the Board of Trustees at a date and time to be determined by the Clerk and attorney. The LWRP site plan review and SQRA will be addressed at that time. Carried. The Zoning Board will be contacted regarding an area variance hearing as well. Mr. Dodge updated the Board on the car show plans. If prizes are going to be offered, the Village will have to handle the funds. The following resolution was offered by Trustee Bateman, who moved its adoption, and seconded by Deputy Mayor Conley, WHEREAS the Middleport Volunteer Fire Co. No. 1, Inc., has held a car show for the past 10 years on the Sunday following Labor Day, and WHEREAS the Fire Company has declined to have the car show this year, and WHEREAS the Village does not wish to have the car show disbanded as it brings visitors to the Village, NOW THEREFORE BE IT RESOLVED that the Village of Middleport will continue the car show on the same day and the funds will be deposited into and paid out of the Village’s Trust and Agency Fund. 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 car show will be held on September 13 this year. Mr. Dodge gave an update on the dirt pile in the municipal parking lot on Main Street. The company that is doing the work took one load to the well property on Mountain Road. The Mountain Road property was too wet for the truck to continue delivering loads. A representative from the company is supposedly checking the property daily and when it is dry enough, the dirt will be moved. Mr. Dodge will keep on top of this issue. Discussed Coe property. Neighbors have complained that it is not being mowed. FMC claims that the CMS the agencies approved says they only have to mow two times per year. Village code says otherwise. Mr. Seaman will address the issue with the agencies and FMC. Deputy Mayor Conley complemented the DPW for how good the Commons looked for Memorial Day. The next Northwestern Frontier Association of Village Officials meeting to be held on Wednesday, July 16, 2009. The next regular meeting of the Board of Trustees will be Monday, July 21, 2009, at 7:00 p.m. in the Village Hall. A motion was made by Deputy Mayor Conley, and seconded by Trustee Westcott, to move into executive session for the purpose of discussing collective negotiations pursuant to the Taylor Law. Carried. Mayor Maedl opened executive session at 8:30 p.m. 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 9:12 p.m. There being no further business, a motion was made by Deputy Mayor Conley, and seconded by Trustee Bateman, to adjourn. Carried. Meeting adjourned at 9:12 p.m. Respectfully submitted, Rebecca A. Schweigert Clerk-Treasurer
© 2018 Village Of Middleport, Niagara County