Minutes

April 19, 2010

Body:
A regularly scheduled meeting of the Board of Trustees was held on Monday April 19, 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, Trustee Sarchia, Coordinator Dodge, Police Chief Swick, Clerk-Treasurer Schweigert, and Daniel E. Seaman, attorney. Trustee Bateman 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 Sarchia, to approve the minutes of the March 15 and April 5, 2010, meetings. Carried. A motion was made by Trustee Conley, and seconded by Deputy Mayor Westcott, to authorize payment of bills submitted on Abstract No. 11-0910 in the amount of: General: $83,159.31; Water: $15,847.89; Sewer: $13,418.66; Total: $112,425.86. Carried. A motion was made by Trustee Bateman, and seconded by Trustee Conley, to authorize the following budget transfers: TO FROM AMOUNT A1640.4 A8160.4 $2.500.00 A7110.4 A8160.4 1,700.00 A7550.4 A1990.4 316.00 A9055.8 A9050.8 39.90 F8340.2 F1990.4 4,014.30 G8120.2 G1990.4 4,014.30 Total: $12,900.50. Carried. A motion was made by Deputy Mayor Westcott, and seconded by Trustee Sarchia to approve payrolls No. 21, No. 22 and 23 for weeks ending March 20, April 3, and April 17, 2010. Carried. The Treasurer’s report was submitted and accepted for the month of March 2010. The Village and Town Police reports were submitted and accepted for the month of March 2010, with Chief Swick reading the highlights. The fire report was submitted and accepted for the month of March 2010. Correspondence was read: Received two notices of upcoming public utility public hearings. At 7:05 Mayor Maedl opened the public hearing re: a proposed local law entitled “A Local Law of the Village of Middleport Regulating the Use of Recreational Vehicles and other Transient Vehicles and Structures.” Clerk Schweigert read the notice. Mayor Maedl explained the new law to those present. There being no questions, Mayor Maedl closed the public hearing at 7:07 p.m. At 7:07 p.m. Mayor Maedl opened the public hearing re: a proposed local law entitled “A Local Law Amending Chapter 132 of the Village Code of the Village of Middleport.” Chapter 132 of the Village Code is the Noise Ordinance. Clerk Schweigert read the notice. Due to the large number of people in attendance for this public hearing, Mayor Maedl adjourned the meeting to the Fire Hall to accommodate all of those present. Officer Scott Bixby was assigned to stay at the Village Hall to direct people to the hearing at the Fire Hall as needed. Meeting adjourned at 7:07 p.m. Mayor Maedl reconvened the meeting at 7:20 p.m. at the Fire Hall, located at 28 Main Street, Middleport. Mayor Maedl also pointed out all of the exits, per New York State regulations. Clerk Schweigert read the rules regarding protocol for addressing the Board during the hearing. Anyone wishing to address the Board was asked to sign in. The sign in sheet is on file in the Village Hall. The following people addressed the Board: Dawn Thompson, co-owner of the Basket Factory located at 2 Watson Avenue. Her written statement is on file in the Village Hall. Julie Riegle, co-owner of the Basket Factory, presented the Board with petitions with hundreds of signatures. Her written statement is on file in the Village Hall. Brent Ginty, 8 S. Hartland Street. His written statement is on file at the Village Hall. Rose Gaughn, 8 Watson Avenue. She lives west of the restaurant. Two years ago several neighbors approached the Basket Factory with a petition asking that the music be turned down. The owners agreed. Now bands play for 21 Sundays in a row, and we can’t go outdoors because of the noise. Dale Schnackel, 10 Watson Avenue. He has resided on Watson Avenue for 53 years, at both 5 and 10 Watson. He commends the owners for trying to make a living in today’s economic atmosphere. If anyone doesn’t think the music from the restaurant is loud, they should come stand in his driveway. He pointed out that with over 100 people on the deck at the restaurant and a band playing, there is a lot of noise. He has discussed with the owners having the music turned down. It should not have come to this, having the Village step in to resolve. Everyone wants to be good neighbors, but the restaurant owners should try to resolve the noise issue. He commended them for taking responsibility for the noise. It doesn’t matter what type of band is playing, there is still noise. He would like to have a quiet Sunday afternoon. Every Sunday from 4 pm to 8 pm for upward of 3 years is too much. Ron Matusak, 9 Orchard Street, presented the Board with a petition signed by residents on Orchard Street. He feels there should be a compromise on the 65dB, as that level is unrealistic. He suggested 70 dB as the acceptable level. Music is a personal preference. He is willing to volunteer to measure the noise level if needed. Dick Owen, 12 Locust Drive. He is grateful that the Basket Factory has been successful. He was in the Thousand Islands and talked to someone there who was familiar with the restaurant. His son lives on Alfred Street; while visiting him, he could hear the music. It was good music, but if he could hear it there, it’s too loud. He sympathizes with the neighbors. This issue should be worked out. Katy Whittaker Vance, 13 Hammond Parkway. Her written statement is on file in the Village Hall. Bill Hussey, 26 Church Street. His written statement is on file in the Village Hall. Dave Barhite, Medina, NY. His written statement is on file in the Village Hall. Marty Busch, 5 Church Street. He feels the amendments are unenforceable and would not stand up in court. The Basket Factory is the most vibrant business in Middleport, with lots of young people employed there. The restaurant brings people to Middleport. The people next door should understand that a business will make noise. He would be happy to volunteer to help resolve the issue. Valerie Ryder, 5 Watson Avenue. She resides across the street from the Basket Factory. People don’t understand that when they have a get together at their house, they must also listen to the music, otherwise they are forced to close their doors and windows. They don’t want to hear the noise, and it gets louder as more drinking is done. They hope to not put up with any more bands. Margaret Droman, 12 Vernon Street. Her written statement is on file in the Village Hall. Steve Giroux, owner of Middleport Family Health Center, 81 Telegraph Road. He is here in support of fellow business owners. He asked the Board not to impose restrictions. He asked that both parties work together to find a compromise and try to resolve without this ordinance. He was recently in Assemblyman Robin Schimminger’s office and the assemblyman had heard of the Basket Factory. It’s fame goes all the way to Albany. He hopes this can be worked out amicably. Kent Schwab, 5 Centennial Street. He is one of the closest neighbors. The noise/music depend on the wind. He works all week and would like a peaceful weekend. The noise gets louder as the evening goes on. Some people are there all day and as they consume more alcohol, they get louder. People are here to support the restaurant, but they don’t have the noise effect their home life. The owners say they have tried working with the neighbors, but they have never come to his house. It appears they are more willing tonight to try to compromise. Ronnie Barhite, 227 W. Oak Orchard St., Medina, NY. She goes to the Basket Factory every week. She lives across from Butts Park, where there are loud noises. She understands what the neighbors are saying, but the owners are making an effort by talking to the band and asking patrons to leave. They have been cooperative and are making efforts. Michael Miano, 97 S. Main Street. He came because we’re not living in a time when we can’t be friendly by agreement. We need laws. Would like to keep it simple. Common courtesy should be shown for residents. He submitted a copy of the City of Buffalo’s noise ordinance (which is on file in the Village Hall) and gave a synopsis of it. He feels this noise ordinance is more reasonable than not. Robert Wood, 13 Watson Avenue. He asked several questions of the Board. He feels the amendments put the Basket Factory in an unreasonable position. George Tamlin, 33 S. Vernon Street. He can hear the music at his house. It can be intrusive if you work all week and want to relax on Sunday. He questioned if the music could be changed to Saturday. People like quiet on Sunday and don’t want it interrupted. It’s not the dB level, it how it effects people on a personal level. We need to find a reasonable compromise. Perhaps a bandshell could be set up. Might need engineers to understand the issue and keep in the music. Mary Loughrey, 5 Orchard Street. She questioned how the law could be enforced. She has to listen to 4-wheelers all day. What about lawnmowers and other noises made by her neighbors. If all of these complaints come in, how can the police department take care of the problems. There being no other comments, Mayor Maedl closed the public hearing at 8:27 p.m. She thanked everyone who came and was glad that people came to support the Basket Factory. At this time, she adjourned the meeting back to the Village Hall. Mayor Maedl reconvened general session at 8:30 p.m. in the Village Hall. A motion was made by Deputy Mayor Westcott, and seconded by Trustee Conley, to move into executive session for discussions with the attorney. Carried. Executive session was opened at 8:30 p.m. A motion was made by trustee Conley, and seconded by Trustee Bateman, to return to general session. Carried. Mayor Maedl reconvened general session at 8:35 p.m. Discussion ensued regarding comments made at the public hearing for the amendment to the noise ordinance. Mayor Maedl spoke with the restaurant owner from Wilson who had to deal with noise issues there. He passed on a lot of ideas to contain the noise that she will give to the owners of the Basket Factory. Discussed the idea of an ad hoc committee to address the noise issue from the Basket Factory as suggested by owner Dawn Thompson. The local law amendments could be passed, and the committee could study the specific problem with noise from the Basket Factory. Will continue discussion on this issue later. The local law regarding recreation vehicles was discussed. A motion was made by Trustee Conley, and seconded by Deputy Mayor Westcott, to adopt the local law entitled “A Local Law of the Village of Middleport Regulating the Use of Recreational Vehicles and other Transient Vehicles and Structures.” The roll call vote on the preceding was as follows: Trustee Conley, aye; Trustee Sarchia, aye; Deputy Mayor Westcott, aye; Trustee Bateman, aye; Mayor Maedl, aye. Nays: none. Abstentions: none. Absent: none. The local law was unanimously passed. Chief Swick asked that the boating clubs be informed of this change when they call the Village Hall to advise when their groups will be in the Village. Deputy Mayor Conley asked about the parking issue on Park Avenue. Chief Swick said that there haven’t been any cars parked in the place in question since the complaint. He doesn’t feel a sign should be put up yet. He hasn’t seen the complainant since the problem arose. If the issue comes up again, then it could be addressed at that time. Chief Swick spoke with the owner, who has since doubled the size of her driveway. No cars have been in the way since. Coordinator Dodge reported on the children at play sign for Maple Avenue. He asked Deputy Mayor Westcott to meet with him on Maple Avenue to determine where it should be placed. Deputy Mayor Westcott reported that there will be a meeting in Albany on April 28 in Albany regarding the CAMU. The Town of Royalton is putting together a letter regarding this. Coordinator Dodge reported that the scales for the samples at the Sewer Treatment Plant are no longer working properly. They Are 40 years old. Gary Purser, STP Operator 1, contacted other local STPs in the area, and they all use Mettler brand. He got three estimates: Precision Scale and Balance – they will take a trade in, but the brand they have offered is one he’s never heard of before. The cost would be $1,497.50. Spectrum – a vendor he’s never heard of before. The cost would be $1,725. Fischer Scientific – we use this vendor monthly. He would like to purchase the scales from this vendor as we use them regularly, they have a local representative, and we have been happy with their service. The cost would be $1,810.95. A motion was made by Deputy Mayor Westcott, and seconded by Trustee Sarchia, to purchase a replacement scales from Fischer Scientific at a cost of $1,810.95, as we already do business with them and they have a local representative. Carried. Returned to the topic of the amendments to the noise ordinance. The Board decided to move ahead with appointing an ad hoc committee to study and address the issue of noise from the bands at the Basket Factory bothering the nearby neighbors. The following individuals will be appointed: Dawn Thompson, co-owner of the Basket Factory, Dale Schnackel, nearby neighbor, Mayor Maedl, and Chief Swick. The committee will be asked to meet as soon as possible and have the first report ready within 30 days from tonight as to the process they intend to use to resolve the issue. A motion was made by Trustee Bateman, and seconded by Deputy Mayor, to adopt the local law entitled “A Local Law Amending Chapter 132 of the Village Code of the Village of Middleport.” Chapter 132 of the Village Code is the Noise Ordinance. The roll call vote on the preceding was as follows: Trustee Conley, aye; Trustee Sarchia, aye; Deputy Mayor Westcott, aye; Trustee Bateman, aye; Mayor Maedl, aye. Nays: none. Abstentions: none. Absent: none. The local law was unanimously passed. A motion was made by Trustee Bateman, and seconded by Trustee Conley, to appoint an ad hoc committee to further study the noise situation as it pertains to the Basket Factory consisting of Dawn Thompson, Dale Schnackel, Mayor Maedl, and Chief Swick. It will be left to the committee to appoint further member(s) if deemed appropriate. The Board will require that an organizational meeting be held and the first report on the process will be submitted within 30 days. Carried. The next regularly scheduled meeting of the Board of Trustees will be held on Monday, May 17, 2010, at 7:00 p.m. There being no further business, a motion was made by Trustee Bateman, and seconded by Deputy Mayor Westcott to adjourn. Carried. Meeting adjourned at 10:12 p.m. Respectfully submitted, Rebecca A. Schweigert Clerk-Treasurer
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