Minutes

June 21, 2010

Body:
A regularly scheduled meeting of the Board of Trustees was held on Monday, June 21, 2010, in the Village Hall. Mayor Maedl opened the meeting at 7:00 p.m. Also present were Deputy Mayor Westcott, Trustee Conley, Trustee Bateman, Coordinator Dodge, Police Chief Swick, Clerk-Treasurer Schweigert, and Daniel E. Seaman, attorney. Trustee Sarchia was absent. Trustee Bateman led the Pledge of Allegiance. There were a couple of Village residents in attendance, as well. A motion was made by Deputy Mayor Westcott, and seconded by Trustee Bateman, to approve the minutes of the May 17, 2010, meeting. Carried. A motion was made by Trustee Conley, and seconded by Deputy Mayor Westcott, to authorize payment of bills submitted on Abstract 13-09/10 in the amount of General: $8,645.65; Water: $220.00; Sewer: $5,629.08; Total: $14,314.73. Carried. A motion was made by Deputy Mayor Westcott, and seconded by Trustee Bateman, to authorize the following budget transfers for Abstract 13-09/10: TO FROM AMOUNT A1325.2 A1420.4 $ 148.08 A1325.4 A1420.4 728.38 A1490.11 A1990.4 6,058.70 A1910.4 A1420.4 91.00 A3120.11 A3120.13 297.24 A3120.12 A3120.13 351.00 A3120.4 A3120.2 2,223.29 A3120.4 A1420.4 1,598.59 A7110.4 A1420.4 49.31 A7550.4 A1420.4 274.13 A8560.4 A1420.4 92.42 A9030.8 A1420.4 962.00 A9060.8 A1990.4 8,704.85 G8130.1 G1990.4 1,490.45 G9130.11 G1990.4 569.08 G9030.8 G1990.4 124.89 Total: $23,763.41 Carried. A motion was made by Trustee Conley, and seconded by Trustee Bateman, to authorize payment of bills submitted on Abstract No. 1-10/11. General: $33,835.84; Water: $340.70; Sewer: $3,211.87; Total: $37,388.41. Carried. A motion was made by Trustee Bateman, and seconded by Deputy Mayor Westcott, to approve payrolls No. 26 and No. 1 for weeks ending May 29 and June 12, 2010. Carried. A motion was made by Trustee Bateman, and seconded by Deputy Mayor Westcott, to authorize interest payment of $2,824.35 to M & T Investments on the Sewer Improvement Loan on or before July 1, 2010. Carried. The Treasurer’s report was submitted and accepted for May 2010. The Public Works report was submitted and accepted for May 2010. The Village and Town Police reports were submitted and accepted for May 2010, with Chief Swick reading the highlights. The fire report was submitted and accepted for May 2010. A motion as made by Trustee Conley, and seconded by Deputy Mayor Westcott, to approve the Summer Youth Swim Program beginning July 5 through August 13, 2010 Carried. A motion was made by Trustee Bateman, and seconded by Trustee Conley, to approve Kathy Mullin as Swim Director at $14.50 per hour. Carried. A motion was made by Trustee Conley, and seconded by Trustee Bateman, to approve the following individuals to the positions of Swim Instructor: Jill Crosby at a rate of $13.00 per hour; Kathy Ellnor Dudly at a rate of $ 9.00/hour; Jennifer Niethe at a rate of $8.50/hour; Rachael Phipps at a rate of $8.00/hour; Allie Seeloff at a rate of $8.00/hour. Jennifer Niethe, Rachael Phipps, and Allie Seeloff are pending Civil Service approval. Carried. A motion was made by Trustee Bateman, and seconded by Deputy Mayor Westcott, to approve the Summer Recreation program for the period July 5 through July 30 to be held at the Royalton Hartland Middle School gym. Carried. A motion was made by Deputy Mayor Westcott, and seconded by Trustee Bateman, to authorize continuing 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, and increasing the amount of reimbursement to $3.50 per square foot of sidewalk replaced or fifty percent of the cost, whichever is less. Carried. Correspondence was read: Received a thank you from Geraldine Barnum and Darcy Seefeldt for assistance with their water issue. Received a request from Niagara County Legislature Chair William Ross asking for the Village’s assistance in getting the Medal of Honor that should have been awarded to Lockport native Michael Huskey during the Civil War. The Niagara County Historian’s Office has been attempting to get this award sent to them, as there are no living relatives of Michael Huskey’s in the area. Middleport has been asked to pass a resolution to this effect. The following resolution was offered by Trustee Conley, who moved its adoption, and seconded by Trustee Bateman, WHEREAS, fourteen Niagara County citizens have been awarded the Medal of Honor for distinguishing themselves by their valor and gallantry in action, and WHEREAS, Irish-born Niagara County native, Michael Huskey, earned the Medal of Honor during the Civil War as a sailor aboard the USS Carondelet (Steele's Bayou Expedition, Vicksburg), and WHEREAS, his Medal of Honor was never issued to his family, who continued to reside in Niagara County, and WHEREAS, the Huskey family line has completely died out except for us, the people who benefited from his service and sacrifice, and WHEREAS, his Medal of Honor will be placed in a permanent and prominent display in the historic Niagara County Courthouse Rotunda as a perpetual memorial honoring Michael Huskey and all other veterans, and WHEREAS, the United States Navy has rebuffed our efforts to honor Michael Huskey in this manner by issuing his duly earned Medal of Honor to his remaining family - the people of Niagara County, now, therefore, be it RESOLVED, that the Niagara County Legislature does hereby request and require the United States Navy to release Michael Huskey's Medal of Honor to the care of his family - the people of Niagara County, and be it further RESOLVED, that the County of Niagara shall forward copies of this Resolution to President Barack Obama, U.S. Secretary of the Navy, Ray Mabus, Senator Carl L. Levin, Senator John McCain, Senator Charles Schumer, Senator Kirsten Gillibrand, Congresswoman Louise Slaughter, Congressman Chris Lee, Governor David Paterson, Senator George D. Maziarz, Senator Antoine D. Thompson, Senate Majority Leader Pedro Espada Jr., Member of the Assembly Jane L. Corwin, Member of the Assembly Stephen Hawley, Member of the Assembly Jim Hayes, Member of the Assembly Robin Schimminger, Member of the Assembly Francine DelMonte, Speaker of the Assembly Sheldon Silver, and all others deemed necessary and proper. The vote on the preceding resolution was: Ayes: 4; Nays: None; Absent: 1; Abstentions: 0. The resolution was duly carried. Discussed the Revenue Anticipation Note for CHIPs. It was decided when the 2010-2011 budget was created, that a RAN would be the only way we could afford to use the money allocated to us. The following resolution was offered by Deputy Mayor Westcott, who moved its adoption, and seconded by Trustee Bateman, WHEREAS, the Treasurer of the Village of Middleport, Niagara County, New York, has advised the Board of Trustees that certain revenues of the Village are anticipated to be received from the State of New York during the fiscal year commencing June 1, 2010 and ending May 31, 2011, and that $83,360.79 of expenses in the expense budget of the Village will become due prior to the receipt of said revenues from the State, and WHEREAS, the Village Board of Trustees has determined that issuance of $83,360.79 Revenue Anticipation Notes of the Village to finance cash flow of the Village prior to receipt of said revenues from the State, it is hereby RESOLVED, by the Village Board of Trustees Village of Middleport at its regular session convened as follows: 1. The Village of Middleport is hereby authorized to issue $83,360.79 of Revenue Anticipation Notes pursuant to the Local Finance Law in anticipation of revenues due and payable from the State of New York in the fiscal year ending May 31, 2011 (the “Notes”). 2. The revenues anticipated of the State consist of Consolidated Local Street and Highway Improvement Program (CHIPS) Funds due and payable to the Village of Middleport during the fiscal year ending May 31, 2011. 3. The Notes shall mature not later than June 20, 2011. 4. The Notes are not issued to renew any prior notes. 5. The cash flow deficit of the Village of Middleport during fiscal year ending May 31, 2011, is $83,360.79. 6. The amount of the Notes to be issued pursuant to the terms of this resolution does not exceed the amount of said cash flow deficit projected in Section 5 hereof. 7. The amount of the Notes does not exceed the amount of uncollected specific revenues in anticipation of which said notes are issued. 8. The Notes are issued during the same fiscal year in which the specific anticipated revenues are due and payable. 9. The total amount of CHIPS revenue anticipated in the Expense Budge of the village to be received during the current fiscal year is $83,360.79. 10. The total amount of said specific revenues heretofore received by the Village is $0.00. 11. The total amount of said specific revenues, less the amount of said revenues actually collected or received by the Village is $83,360.79. 12. Pursuant to Local Finance Law Section 25.00(g), all of said specific revenues, as hereinafter received or collected by the Village shall be set aside in a special bank account up to an amount equal to the principal amount of the notes issued hereunder, to be used only for the payment of the Notes authorized by this Resolution as they become due. 13. The proceeds of the Notes received by the Village pursuant to the sale issuance and delivery of the notes and at the closing thereof shall be used only for the purpose of (1) meeting expenditures payable from the type of revenue in anticipation of which the Notes were issued, or (2) for the redemption of the Notes or any notes issued in renewal of the Notes, pursuant to Local Finance Law Section 25.00 (e). 14. The Notes shall mature within one year and may be renewed from time to time, but each such renewal shall be for ea period not exceeding one year and in no event shall the Notes, or any renewal thereof, extend beyond the close of the second fiscal year succeeding the fiscal year in which such notes were issued. The Notes shall not be renewed in an amount in excess of the difference between the amount of the uncollected or unreceived revenue in anticipation of which they were issued and the amount of any other outstanding revenue anticipation notes issued in anticipation of the collection or receipt of such revenue. 15. Each of the Notes shall contain the recital of validity prescribed by Local Finance Law Section 52.00, and shall be general obligations of the Village, payable as to both principal and interest by a general tax upon all the taxable real property within the Village without limitation as to rate or amount. The faith and credit of the Village are hereby irrevocably pledged to the punctual payment of the principal of and interest on the Notes and provision shall be made annually in the budget of the Village by appropriation for the payment of interest on the Notes to be due and payable in such year, if any. 16. If it should appear to the Treasurer of the Village that the revenues anticipated to be received pursuant to the terms of this Resolution will not be received within the second fiscal year subsequent to the fiscal year in which the notes are issued, the Village shall provide in said fiscal year the Expense Budget of the Village by appropriation for the amortization and redemption of the Notes maturing in such year. 17. The Village covenants and agrees with the holders from time to time of the Notes that the Village will duly and faithfully observe and comply with the provisions of the Internal Revenue code of 1986, as amended (the “Code”), unless, in the opinion of Bond Counsel to the Village, such compliance is not required to maintain the exclusion of the interest on the Notes from gross income for federal income tax purposes. 18. Subject to the provisions of this Resolution and the Local Finance Law, and pursuant to the Local Finance Law Section 39.00 relative to the authorization of the issuance of Revenue Anticipation Notes, and of the Local Finance Law Sections 50.00 and 56.00 to 60.00, inclusive, the powers an duties of the Village Board relative to prescribing the terms, form and content as to the sale and issuance of the Notes and any renewals thereof, are hereby delegated to the Director of Finance, the Chief Fiscal Officer of the Village. 19. This Resolution shall take effect immediately. The roll call vote on the preceding resolution was as follows: Mayor Maedl: Aye; Deputy Mayor Westcott: Trustee Conley: Aye; Trustee Bateman: Aye; Trustee Sarchia: Absent. The resolution was duly passed. The majority of the CHIPs funds will be used to repair and repave Kelly Avenue. Other streets will be repaved if there is enough money left after the Kelly Avenue project is done. Mr. Seaman advised that the amount may be rolled over one year, but we should plan to spend it all in one fiscal year. Mr. Dodge has already been in contact with the Niagara County and Town of Royalton Highway Departments regarding this. They have offered any assistance needed. Trustee Conley asked if Vernon Street will be repaired this year. That street was done using CHIPs funds in 2004, so it cannot be repaired with CHIPs funds for another 4 years. He is planning to try sealing it to improve it if possible. The flood maps have been completed by FEMA, and the village now has to adopt a local law for flood damage prevention. This is mandatory by the federal government. It is the same law we already have on the books. This is just to adopt the new FEMA flood maps. A local law entitled “A local law for Flood Damage Prevention as authorized by the New York State Constitution, Article IX, Section 2, and Environmental Conservation Law, Article 36” was introduced by Deputy Mayor Westcott. A motion was made by Trustee Conley, and seconded by Trustee Bateman, to hold a public hearing on the local law at the next regularly scheduled meeting of the Board of Trustees, Monday, July 19, 2010, at 7:00 p.m. Carried. The following resolution was offered by Deputy Mayor Westcott, who moved its adoption, and seconded by Trustee Bateman: WHEREAS a Local Law entitled “A local law for Flood Damage Prevention as authorized by the New York State Constitution, Article IX, Section 2, and Environmental Conservation Law, Article 36” having been introduced, NOW, THEREFORE, BE IT RESOLVED that the Village of Middleport Board of Trustees intends to act as lead agency. The action is a Type 1 Action pursuant to the State Environmental Quality Review Act (SEQRA), and FURTHER BE IT RESOLVED, that the Village of Middleport Board of Trustees will initiation a coordinated review. The vote on the preceding resolution was as follows: Ayes: 4; Nays: none: Absent: 1; Abstentions: none. The resolution was duly carried. Deputy Mayor Westcott reported that there was no June CIG meeting. FMC is working on the CMS draft and it will be sent to the agencies. We shouldn’t expect any answers for at least two months. It may be November before they are ready for the first public hearing on the DMS. The trees in the Village’s rights-of-way will have to be individually checked. FMC is taking down two buildings and a smokestack. This will impact their assessment. Tom Arlington toured FMC today to review what is coming down. Asbestos will be removed first, and FMC will have air monitoring. There will be an open house on June 28 at the Vernon Street house. FMC only has five houses left from the price protection plan purchases. Deputy Mayor Westcott gave the report on the noise committee. The ad hoc committee began monitoring the bands starting May 22. DM Westcott listed changes that the Basket Factory had made as requested, and readings that were taken on May 22, 23, and 30. It has been determined that if the band keeps the readings no higher than 85dB on the deck, the readings in the neighbors’ yards stay within the legal limit of no higher than 65dB. The east end of the Basket Factory property is no problem. The noise drifts behind the band to the west. The owners are still working on resolving that issue. The committee met again on June 7. They determined: The stage should be no higher than 85 dB Turn the speakers away from the building as the sound is bouncing off the west side of the building Put up banners on the west end of the deck. Bands should not amplify the bass Committee member Dale Schnackel spoke at this point. Feels that the owners aren’t doing enough to correct the problem. The bands are still getting louder by the end of the evening. Discussion ensued as to what the owners have and haven’t done to correct the noise issue. Mr. Schnackel asked if the police are called and ticket the business, can the band continue to play or does it have to stop. No, they can continue to play, and if they are still too loud, they can be ticketed again. Mayor Maedl reminded Mr. Schnackel that the committee may make recommendations to the owners, but it is a private business so they can’t be forced to make the changes The Board of Trustees do not have the right to tell the owners what music can be played. The resolution will come through trial and error. The Board has accomplished what the original petition asked for; the sound level has been lowered. . Once the committee is done, the issue will then be between the owners, the neighbors, and police department. The committee will keep at it for a little longer, make their recommendations, then the owners are on their own. Chief Swick clarified that they will enforce sustained decibel levels not spiked decibel levels. Mayor Maedl reminded Mr. Schnackel that this issue split the community, which is slowly coming back together. The committee will keep working on the issue but they can’t force the Basket Factory to do what is suggested. Most everyone she has spoken to in the neighborhood can’t really hear the music now. DM Westcott suggested that all of the Board members should go to the Basket Factory to hear the music, take a meter, get measurements, and talk to the neighbors. Ultimately it will be a Board decision to keep the amendments to the noise ordinance as written or to change them, so this should be an informed decision. DM Westcott asked if there was a status report on grants. Mr. Dodge advised that he’d received a letter on the Main Street grants. Discussed issues with the grants. DM Westcott asked for an update on the commemorative bricks as he’s been getting questions about when they’ll be in. Clerk Schweigert advised that we are waiting for the most recent order from the company. Still having delivery issues. Trustee Bateman asked for an update on the new health insurance. Clerk Schweigert advised we have had some glitches, but to date everything has been fixed. Mostly it is working out okay for the employees. Mr. Dodge handed out a cost analysis done by National Grid if the Village took advantage of their program to upgrade the lights in all of the Village-owned buildings. The cost to the Village would be $3,099.05 payable monthly or $2,634.19 paid lump sum (15 percent discount). Trustee Bateman asked if the Scout House is included in the survey. It wasn’t, but Mr. Dodge will have them include it. The cost may increase because of that. A motion was made by Trustee Conley, and seconded by Deputy Mayor Westcott, to authorize Mayor Maedl to execute the contract with National Grid to replace and upgrade all of the lighting fixtures in the all of the Village owned building payable in a lump sum payment of $2,634.19 plus the additional costs for the Scout House. Carried. The next regularly scheduled meeting of the Board of Trustees will be held on Monday, July 19, 2010, at 7:00 p.m. A motion was made by Trustee Bateman, and seconded by Trustee Conley, to move into executive session for consultation with the Village’s attorney. Carried. Executive session opened at 8:53 p.m. A motion was made by Deputy Mayor Westcott, and seconded by Trustee Bateman, to return to general session. Carried. Mayor Maedl reconvened general session at 8:57 p.m. There being no further business, a motion was made by Trustee Conley, and seconded by Trustee Bateman, to adjourn. Carried. Meeting adjourned at 8:57 p.m. Respectfully submitted, Rebecca A. Schweigert Clerk-Treasurer
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