Minutes

November 16, 2009

Body:
A regularly scheduled meeting of the Board of Trustees was held on Monday, November 16, 2009, in the Village Hall. In Mayor Maedl’s absence, Deputy Mayor Conley opened the meeting at 7:00 p.m. Also present were Trustee Bateman, Trustee Westcott, Coordinator Dodge, Police Chief Swick, Clerk-Treasurer Schweigert, and Daniel E. Seaman, attorney. Trustee Sarchia was also absent. Trustee Bateman led the Pledge of Allegiance. There were a few people in attendance, as well. A motion was made by Trustee Bateman, and seconded by Trustee Westcott, to approve the minutes of the October 19, 2009, meeting. Carried. A motion was made by Trustee Westcott, and seconded by Trustee Bateman, to authorize payment of bills submitted on Abstract 6-0910 in the amount of: General: $73,900.70; Water: $7,670.01; Sewer: $13,340.51; Total: $94,911.22. Carried. A motion was made by Trustee Bateman, and seconded by Trustee Westcott, to approve Payrolls 11 & 12 for weeks ending October 31 and November 14, 2009. Carried. A motion was made by Trustee Westcott, and seconded by Trustee Bateman, to authorize the 18th principal payment on December 1, 2009, for the Water System Improvement Bonds. Payment to be made from the Water Account as follows - Principal: $75,000; Interest: $7,875; Total: $82,875. Carried. A motion was made by Trustee Bateman, and seconded by Trustee Westcott, to authorize payment for New York State Retirement obligations on or before December 15, 2009, as follows: Employees’ Retirement System amount is $22,392 & Police Retirement System amount is $21,867– total $44,759. Carried. The Treasurer’s report was submitted and accepted for October 2009. The Public Works report was submitted and accepted for October 2009. The Village and Town Police reports were submitted and accepted for October 2009, with Chief Swick reading the highlights. The fire report was submitted and accepted for the month of October 2009, including first and second quarterly financial reports for 2009. The Code Enforcement report was submitted for the month of October 2009, including a report on 29 Main St. Water and sewer billing for quarter ending November 1, 2008: Water: $57,973.51; Sewer: $57,455.13; Total: $110,428.64. Correspondence was read: Received a thank you from the Roy-Hart Cross Country Team for use of the Scout House for their year-end dinner. Received notice from the Niagara County Youth Division that we may not get any funding for the swim program in 2010. Received a $250 donation and thank you note from Inner Harbor Yacht Club for use of our facilities Labor Day Weekend. A motion was made by Trustee Bateman, and seconded by Trustee Westcott, to accept the high bids on the lawn tractors as follows: Fred Behm bid $450 on the 1979 Case and Perry Kickbush bid $310 on the 1992 Ingersoll. Carried. Winning bidders will be notified. A motion was made by Trustee Westcott, and seconded by Trustee Bateman, to authorize Mayor Maedl to execute the contract with Computel. Carried. Mr. Dodge spoke with Northern Exposure about simply patching 29 Main Street. They are not interested. In Mayor Maedl’s email, she suggested leaving up the fencing that is there for the time being. Will do this for the time being. Trustees will review the RV law that Mr. Seaman distributed at last month’s meeting. Will be discussed again at December meeting and may be introduced at that time to set a public hearing. Mr. Dodge advised the Board that the union members were meeting sometime this week. Mr. Westcott advised the Board that there will be an increase in truck traffic on Route 31, as the ethanol plant will be discontinuing transport of ethanol by rail. He also advised the Board of an upcoming CAP seminar regarding the agricultural side of the new product line at FMC. Mr. Bergio, Freeman Road, and his daughter Joya asked the Board for permission to tie the house Ms. Bergio is having built on Freeman Road into the Village’s sewer system. There is a main approximately 600 feet from the house. Discussed this issue. The Bergios are not interested in the septic system that the NC Health Dept. requires as it is expensive and high maintenance. They understand they would be responsible for all costs involved in the tie-in. They also understand that a contract will have to be signed with the Village of Middleport, and they will be charged double sewer rates. They were advised to get easements from all of the landowners the pipe would pass through, as well as one from the Town of Royalton. The Board is agreeable to the tie-in as long as all of the legalities are satisfied. Dale and Ila Schnackel, 10 Watson Avenue, addressed the Board regarding the issue of the outdoor music at the Basket Factory during the summer. Mr. Schnackel read a prepared statement in which he outlined all that has happened in the past three summers since the live bands began playing at the restaurant. They would like the Village noise ordinance enforced or have something done to stop this from happening. It began with a few concerts and is now every Sunday from Memorial Day weekend through the end of October. It has had a negative effect on their quality of life. They feel they have done everything that they were advised to do, including signing a petition, signing a complaint and having the restaurant taken to court, and the noise continues. Discussion ensued as to what options are available. Mr. Schnackel suggested a permit system; if the terms are violated, the permit is pulled, and the concerts stop. He does not want to cause the Basket Factory to lose money or go to court; he would like to settle this amicably. Board agreed that something needs to be done before next summer. Mr. Seaman advised that if the Board does take action, they need clarification as to what action is to be taken. He cautioned that some current events (such as the guns on Memorial Day or the concerts in the Commons) in the Village violate the noise ordinance, and if residents are expecting complete enforcement, these things would have to stop, too. He suggested the possibility of going to a decibel noise code. It wasn’t feasible in the past, but with the cost of decimeters being reasonable now, it could be considered. The possibility of a permit could be considered, too. Mr. Schnackel reminded the Board that this restaurant is in the middle of a residential area, and past owners were respectful of that. Discussed the possibility of having a summit between the neighbors and the Basket Factory owners. It was decided that if this occurred, it probably wouldn’t help. It was decided that Mr. Seaman would draft a decibel noise code for consideration at a future meeting. Clerk Schweigert advised the Board that new insurance rates and plans have been received from Community Blue and Independent Health. Are we staying with our current policies? Due to the union contract issue, we will stay with our current policies for the time being. Insurance companies will be notified. The next regular meeting of the Board of Trustees will be on Monday, December 21, 2009, 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 8:43 p.m. Respectfully submitted, Rebecca A. Schweigert Clerk-Treasurer
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