Minutes

February 21, 2012

Body:
A regularly scheduled meeting of the Board of Trustees was held on Tuesday, February 21, 2012, in the Village Hall. Mayor Westcott opened the meeting at 7:00 p.m. Also present were Trustee Blumrick, Trustee Hinkson, Trustee McAvoy, Coordinator Dodge, Police Chief Swick, ClerkTreasurer Schweigert, and Daniel E. Seaman, attorney. Deputy Mayor Conley was absent. Trustee Blumrick led the Pledge of Allegiance. There were several members of the Middleport Fire Department and Village residents in attendance, as well. A motion was made by Trustee Blumrick, and seconded by Trustee McAvoy, to approve the minutes of the January 17, 2012, meeting. Carried. A motion was made by Trustee Hinkson, and seconded by Trustee Blumrick, to authorize payment on bills submitted on Abstract No. 10-11/12 in the amount of General: $32,805.96; Water: $1,855.11; and Sewer: $8,598.94; for a Total of: $43,260.01. Carried. A motion was made by Trustee McAvoy, and seconded by Trustee Hinkson, authorizing the following transfers in the amount of $3,529.40: TO FROM AMOUNT A1640.4 A1490.2 $ 915.77 A1640.4 A5142.2 $1,226.79 A1640.4 A7110.2 $1,386.84 TOTAL: $3,529.40. Carried. The Treasurer’s report was submitted and accepted for the month of January 2012. The Public Works report was submitted and accepted for the month of January 2012. The Village and Town Police reports were submitted and accepted for the month of January 2012. The fire report was submitted and accepted for the month of January 2012. The Code Enforcement report was submitted and accepted for the month of January 2012. The water and sewer billing for the quarter ending February 1, 2012, was as follows: Water: $57,434.80; Sewer: $56,553.55; for a total of $113,988.35. The following resolution was offered by Trustee Blumrick, who moved its adoption, and seconded by Trustee Hinkson: RESOLVED, that the forthcoming General Village Election will be held on Tuesday, March 20, 2012, from 12:00 p.m. noon until 9:00 p.m. at the Village Hall, Middleport, New York. The following candidates were nominated for the office and term set forth before each name: POSITIVE ACTION PARTY Trustee: Two-year term Dennis J. McAvoy 10 Church Street Middleport, NY 14105 PEOPLE’S CHOICE PARTY Trustee: Two-year term Thomas C. Conley 61 State Street Middleport, NY 14105 RESOLVED, that this resolution shall be published in the official newspaper of the Village of Middleport by February 29, 2012. The vote on the above resolution was: Ayes: Trustee Blumrick, Trustee Hinkson, Trustee McAvoy, and Mayor Westcott. Nays: none. Absent: Deputy Mayor Conley. The resolution was duly adopted. Correspondence was read: Received a letter of resignation from Joshua Cain, effective February 15, 2012. Received a letter of resignation from Benjamin McDonald, effective February 22, 2012. Received a notice from the NYSDEC that we have been granted Tree City status again, for the 15th year in a row. Received a notice from NYSEG about unauthorized access to customer information Received a notice from Opportunities Unlimited that they have employment opportunities Received reimbursement payment from NYS Canal Authority for the Margaret Droman Park pavilion Greenway grant from 2006 Received notice from NYS Homeland Security and Emergency Services that we received $3,058.15 for expenses incurred during the windstorm of April 2011 Received sales tax distribution formula information from NC Treasurer Department Mayor Westcott received a request from the Middleport Fire Co. No. 1 to discuss the parking lot lease. Will discuss later in the meeting. Mayor Westcott received a request from the Middleport Fire Co. No. 1 to discuss the fire service contract Mayor Westcott advised the Board about a phone conference he was a party to with the new head of the NYSDEC. He went over the key points of the conference: There will be no immediate remedy The Statement of Basis due from the agencies should be out in March The Commissioner indicated looking at CMA (no. 2 of 8 possible solutions). Looking at 20 ppm with no deviations Assemblywoman Jane Corwin asked some questions, but was dismissed FMC is not happy with what the commissioner says and may challenge Targeting 182 properties If not completely done, properties will not get a clean bill of health Don’t expect anything to be done before 2014, and expect at least 10 years for everything to be done Haven’t established an end for the tributary. The end will probably be Lake Ontario. They didn’t address the CAMU Mayor Westcott suggested that perhaps when the Statement of Basis comes in, the Village should send a response asking for a start and end date, instead of a hodgepodge cleanup. The community is not in favor of this. He spoke with Bill Arnold and the CIG may send out a mass mailing, giving residents the opportunity to sign a petition against all that has been previously agreed to. Right now it appears the agencies are starting over. A crew was in the village in September 2011 and did a site cleanup. Remediation off Sleeper Street. The residents saw what would happen during future remediations. The commissioner was advised that the infrastructure of the village cannot hold this kind of traffic. The two parcels that were done are the only one scheduled for now. Trustee McAvoy asked about the status of the tourism grant now that the Basket Factory has closed. Discussed the issue. Mr. Seaman advised the Board they may have to modify the application. The entire plan is not funded. A modified plan could be put together. The grant shouldn’t fail because of the restaurant closure. Trustee Blumrick added that the board had discussed that the grant may not be used for the entire plan anyway. Trustee McAvoy asked for clarification from Mr. Seaman on the legality regarding committee meetings of board members. Mr. Seaman advised that it’s not illegal, but it is subject to open meeting laws. An open meeting is defined as any time a quorum is together to discuss public business, unless the meeting goes immediately into executive session. The media must still be advised of the meeting. There are no time restraints as to setting a meeting date and time. It could be set for the next day; the media has to be notified as early as practicable. Mr. McAvoy asked about the status of the public relations grant. Mayor Westcott advised no action has been taken yet. Discussed this grant. Clerk Schweigert will contact J Fitzgerald firm in Lockport regarding it. Mr. Dodge advised the board that he had attached the PESH report, the result of a voluntary inspection done in November. Most of the corrections have been made. Chief Swick asked for permission to send one of his officers to a class on Glock armours. It is in Cortland, New York, and the cost is $195. The class is May 3, 2012. Permission granted. At this time the Board accepted the resignations from the officers. Jim Volkosh, Middleport Fire Co. rep, advised the Board that the FC will sponsor a free CPR class on March 11, 2012, from 1 pm to 5 pm. Info will be on the village’s website. This is one of the ways the FD gives back to the public. At this time Ross Hageman, president of the Fire Company, address the board. He received the letter from the mayor regarding the parking lot. Discussion ensued as to what the FC wants for the parking lot and what the village is willing to give. The FC’s biggest concern is that there is no dollar figure as to what they will be responsible for when the lot is paved or repaired. Mayor explained it’s based on the formula: the FC is responsible for 2/3 of the cost & the village is responsible for 1/3. Discussed maintaining the lot. Fortunately, the winter has not been bad as the village is not plowing due to a lack of a contract. The DPW cannot plow a private parking lot. Mr. Seaman advised that the Fire Company can send a letter to the Village giving permission to plow the parking lot. This will be in effect until the terms of the contract can be devised. Mr. Dodge will get updated costs for resurfacing the lot. Mayor Westcott warned that the work may not be done this year, as the DPW has many streets to take care of first. Mr. Hageman asked if the FC could meet with the Board to discuss the upcoming fire coverage contract. Board discussed when to have a budget meeting. A motion was made by Trustee McAvoy, and seconded by Trustee Hinkson, to set a meeting on Saturday, February 25, 2012, at 9:00 a.m. for the purpose of budget discussions. Carried. Representatives from the Fire Company are invited to attend to discuss the budget. Media will be notified of the meeting. A motion was made by Trustee Blumrick, and seconded by Trustee McAvoy, to move into executive session for consultation with attorney. Carried. Executive session opened at 7:58 p.m. A motion was Made by Trustee Hinkson, and seconded by Trustee McAvoy, to return to general session. Carried. Mayor Westcott reconvened general session at 8:25 p.m. There being no other business, a motion was made by Trustee McAvoy, and seconded by Trustee Blumrick, to adjourn. Carried. Meeting adjourned at 8:25 p.m. Respectfully submitted, Rebecca A. Schweigert Clerk-Treasurer
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