Minutes

July 16, 2012

Body:
A regularly scheduled meeting of the Board of Trustees was held on Monday, July 16, 2012, in the Village Hall. Mayor Westcott opened the meeting at 7:00 p.m. Also present were Deputy Mayor Conley, Trustee Blumrick, Trustee Hinkson, Trustee McAvoy, Coordinator Dodge, Police Chief Swick, Clerk-Treasurer Schweigert, and Daniel E. Seaman, attorney. Deputy Village Clerk-Treasurer Vicky Demmin and Deputy Clerk Barbara Noble led the Pledge of Allegiance. Royalton Town Councilman Jim Budde was also in attendance. The first order of business was to present certificates of appreciation to Deputy Village Clerk-Treasurer Vicky Demmin and Deputy Clerk Barbara Noble for over 25 years of service to the Village. Mayor Westcott presented each deputy with a certificate from NYCOM. Mayor Westcott also presented a NYCOM certificate of appreciation to Chief Swick for his 30 years of service to the Village. A motion was made by Deputy Mayor Conley, and seconded by Trustee Hinkson to approve the minutes of the June 18, 2012, meeting. Carried with Trustee Blumrick abstaining. A motion was made by Trustee McAvoy, and seconded by Trustee Blumrick, to authorize payment of bills submitted on Abstract No. 02-12/13 in the following amounts: General: $52,470.98; Water: $10,272.62; Sewer: $5724.40; for a total of $68,468. Carried. A motion was made by Trustee Hinkson, and seconded by Deputy Mayor Conley, to approve payrolls 2 and 3 for weeks ending June 23 and July 7, 2012. Carried. The Treasurer’s report was submitted and accepted for the month of June 2012. The Public Works report was submitted and accepted for the month of June 2012. The Village and Town Police reports were submitted and accepted for the month of June 2012, with Chief Swick reading the highlights. The fire report was submitted and accepted for the month of June 2012. The Code Enforcement report was submitted and accepted for the month of June 2012. Correspondence was read: Received an email requesting permission to use port-a-potties at the Scout House. Discussed. Not wanting to set precedence, the request was denied. Received notice From the Town of Royalton Zoning Board of Appeals of a public hearing on July 23, 2012, at 7:30 pm for petitions for special use permits. Deputy Mayor Conley and Trustee Blumrick advised that they both had been told by Gary Snyder that the upgrades at the horseshoe pits at Rotary Park are greatly appreciated. Mr. Dodge advised that he had been approached by a few residents on Locust Drive asking if arrangements could be made to keep the lights on all night. They discourage kids from hanging out in that area after dark. Discussion ensued. The photo cell has been disconnected. It will be reconnected on one so the light goes on at dark and off in the morning. This will be disconnected again in the winter. Discussed the amendment to the Village Code to place a weight limit on Vernon/South Vernon Street as written by Attorney Seaman. Trustee McAvoy asked if this should be extended to other streets in the Village as there are concerns about streets being damaged by future remediation efforts. Discussed if this would be a needed action at this time. Mr. Seaman suggested the Board go with this amendment and address other streets in the future if necessary. Chief Swick asked about the enforceability of this law with regards to the remediation. This will all be addressed if, and when, the remediation efforts continue. Although buses are exempt from weight limits, Mr. Seaman suggested that the bus company be asked to use Main Street for buses with the exception of buses picking up students on Vernon/South Vernon Street. Deputy Mayor Conley introduced the amendment to Village Code §185-9(B) which reads 1. Village Code Village Code §185-9(B), is renumbered to §185-9(C), 2. Village Code Village Code §185-9(B) is adopted as follows: Trucks in excess of 10,000 pounds including commercial vehicles, in excess of such gross total weight, tractor-trailer combinations, tractor-semitrailer combinations or tractor-trailer semitrailer combinations in excess of such gross total weight are excluded and prohibited from traveling over Vernon Street and South Vernon Street. 3. This local law shall take effect immediately upon the filing with the Secretary of State. A motion was made by Trustee McAvoy, and seconded by Trustee Hinkson, to set the public hearing for the amendment to the Village Code to set a weight limit on Vernon/South Vernon Street at 7:00 p.m., on August 20, 2012. Carried. Discussed the Revenue Anticipation Note (RAN) for the Consolidated Highway Improvement Program (CHIP) funds that we are eligible for in the amount of $91,276.86. The following resolution was offered by Trustee Blumrick, who urged its passing, and seconded by Trustee McAvoy, WHEREAS, the Clerk-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, 2012 and ending May 31, 2013, and that $91,276.86 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 $91,276.86 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 $91,276.86 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, 2013 (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, 2013. 3. The Notes shall mature not later than June 20, 2013. 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, 2013, is $91,276.86. 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 Budget of the Village to be received during the current fiscal year is $91,276.86. 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 $91,276.86. 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 a 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 for this resolution was as follows: Deputy Mayor Conley: aye; Trustee Hinkson: aye; Trustee McAvoy: aye; Trustee Blumrick: aye; Mayor Westcott: aye. Nays: none. Abstentions: none. Absent: none. The resolution was unanimously passed. A motion was made by Deputy Mayor Conley, and seconded by Trustee Hinkson, to authorize a contract with Holy Cross Lutheran Church in the amount of $6,600, with each party’s being responsible for half of the cost, for paving and striping the parking lot share by the church and the Village, subject to attorney approval. Carried. Discussed repairs to Vernon/South Vernon Street. Milling is scheduled for the second week of August. The entire amount of CHIP money will probably be used by this project. This will take precedence over all other paving jobs this summer. A motion was made by Trustee McAvoy, and seconded by Trustee Hinkson, authorizing Coordinator Dodge to repair/resurface Vernon/South Vernon Street utilizing the CHIP RAN for part of the cost. Carried. Trustee McAvoy asked Mayor Westcott if he’d spoken to the president of the Fire Company. He has. They are considering paying for the paving themselves. As we do not have a lease with them at the present time, it is their problem to deal with. Deputy Mayor Conley asked if the Fire Company would be eligible for state bid prices. Mayor Westcott said they would. The contract and paving issue is off the table for the time being. Mayor Westcott advised that the statement of basis was discussed at the public information session held on Wednesday, June 27 at the fire hall. All residents are strongly urged to send a statement regarding the issue. Mr. Seaman will be writing the statement for the Village. Trustee McAvoy asked if the Board would see the statement prior to submission. Mr. Seaman advised he would make it available to Board members. Clerk Schweigert advised that she had been contacted by the DEC today asking to use the Scout House on July 26 for another information session. Discussed the current remediation proposals on the table. Mr. Seaman says that we should expect this entire issue to wind up in court. Should that occur, the end will not be in sight in the near future. Mr. Seaman advised the Board that Modern Disposal had submitted a renewal contract to extend the Village’s contract with them. Discussed the renewal and possible future changes to recycling. Mr. Seaman recommended extending the contract for two years, with revisiting it in a year for possible change in terms at the end of two years. Mr. Budde explained what the Town of Royalton is now doing for recycling. A motion was made by Trustee McAvoy, and seconded by Deputy Mayor Conley, authorizing Mayor Westcott to execute the contract extension with Modern Disposal for two years. Carried. Discussed the resolution necessary for reporting purposes to the New York State Retirement System. Any elected or appointed officials whose term began after September 1, 2009, and who is a member of the NYSERS must have length of the work day established. This only affects the ClerkTreasurer, the Deputy Village Clerk-Treasurer, and Deputy Clerk. The following resolution was offered by Deputy Mayor Conley, who moved its passing, and seconded by Trustee Hinkson, BE IT RESOLVED, that the Village of Middleport hereby establishes the following as standard work days for elected and appointed officials and will report the following days worked to the New York State and Local Employees’ Retirement System based on the time keeping system records or the record of activities maintained and submitted by these officials to the clerk of this body: Elected Officials: none are currently members of the NYS ERS. Appointed Officials, all of whom use the Village’s time keeping system: Rebecca A. Schweigert, Village Clerk-Treasurer – 7 hour work day, 5 days per week Vicky M. Demmin, Deputy Village Clerk-Treasurer – 7 hour work day, 5 days per week Barbara E. Noble, Deputy Clerk – 7 hour work day, 5 days per week The vote on the preceding resolution was as follows: Ayes: 5; Nays: 0; Abstentions: 0; Absent: 0. The resolution was unanimously passed. Trustee Blumrick asked Coordinator Dodge if a towing package could be installed on a DPW vehicle, since Mr. Dodge needed to use his personal vehicle to transport some rental equipment. There is a mileage reimbursement in the bills for this. Mr. Dodge explained that he was not aware that the DPW had a vehicle with a trailer hitch until after he had gotten the rental equipment in question. Trustee Blumrick asked if the Board would consider a pool filling policy that would not charge sewer. Clerk Schweigert advised that this issue has been discussed in the past. It is too difficult to monitor. Filling from a hose does not add a huge amount onto a water bill that would be for sewer charges. Mr. Dodge advised the Board that a new pump will be needed at the Sewer Plant in the near future. It is plugging up 2 to 3 times per day, which causes leaking. We have already spent thousands to try and stop the leak. Mr. Dodge would like to install a grinder pump, which runs a little over $10,000. Trustee McAvoy asked if he meant a comminutor. He does not. He went to inspect the comminutor at Gasport. They have a bigger one than what we would need, but it still plugs up. Mr. Dodge is having difficulty coming up with 3 quotes to satisfy the Village’s procurement policy. He just wanted the Board to be aware that this will be an expense this year. Mr. Dodge asked if the Board could establish a policy about sidewalks that are damaged by Village trees. Mr. Seaman suggested that as the currently policy is old, perhaps it is time to revisit it. The Board could set a long term policy on this. The next regular meeting of the Board of Trustees will be held on Monday, August 20, 2012, at 7 p.m. A motion was made by Trustee McAvoy, and seconded by Trustee Blumrick, to move into executive session for discussions with the attorney for the Village. Carried. Executive session opened at 8:30 p.m. A motion was made by Deputy Mayor Conley, and seconded by Trustee Hinkson, to return to general session. Carried. General session reconvened at 8:53 p.m. There being no further business, a motion was made by Trustee McAvoy, and seconded by Deputy Mayor Conley, to adjourn. Carried. Meeting adjourned at 8:53 p.m. Respectfully submitted, Rebecca A. Schweigert Clerk-Treasurer
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