March 02, 2009

A special meeting of the Board of Trustees was held on Monday, March 2, 2009, in the Village Hall. Mayor Maedl opened the meeting at 5:30 p.m. Also present were Deputy Mayor Conley, Trustee Bateman, Trustee Sarchia, Trustee Westcott, Coordinator Dodge, Police Chief Swick, Clerk-Treasurer Schweigert, and Daniel E. Seaman, attorney. A motion was made by Trustee Bateman, and seconded by Deputy Mayor Conley, to move into executive session for the purpose of discussions regarding ongoing litigation and consultation with attorney. Carried. Mayor Maedl opened executive session at 5:30 p.m. A motion was made by Deputy Mayor Conley, and seconded by Trustee Bateman, to return to general session. Carried. Mayor Maedl reconvened general session at 6:15 p.m. The following resolution was offered by Trustee Westcott, who moved its adoption, and seconded by Trustee Sarchia, WHEREAS a “Draft Corrective Action Objectives” has been formulated by USEPA, DEC, and DOH in connection with FMC, and WHEREAS the objectives have a profound long-term effect on the Village of Middleport and its citizens, NOW, THEREFORE, BE IT RESOLVED that the Village does hereby adopt the following response to such “Draft Corrective Action Objectives” and BE IT FUTHER RESOLVED that the Village Clerk mail copies to interested parties. The vote on the above resolution was as follows: Yeas – Deputy Mayor Conley, Trustee Bateman, Trustee Sarchia, Trustee Westcott, and Mayor Maedl; Nays – none; Abstentions – none; Absent – none. The resolution was unanimously adopted. The Village Board of the Village of Middleport hereby adopts this response to the “Draft Corrective Action Objectives” submitted by the Agencies and FMC Corporation for its Middleport, New York, facility. General Comments: The objectives fail to appropriately address the damage that has and will be done to the Village of Middleport as a municipality, to its residents, and to the economic well being of the Village and to the public perception of the Village as a desirable community in which to live and raise a family. Overall, the objectives have been written in an overly legalistic language and have inappropriately included such qualifiers as “to the extent practicable,” “reasonably anticipate,” etc. (see below). The objectives write off “non-residential areas” (without defining the term) as requiring a lesser degree of remediation on a wholesale basis. The objectives fail to include a sense of urgency in ringing the process, which has taken over three decades so far, to a speedy conclusion, 18 years of which have been pursuant to an existing court order. Specific Comments: In paragraph 1, line 2, delete “and/or in consideration of”; delete “and appropriate.” Delete “… and based on currently and reasonably anticipated future land use(s). Reasonably anticipated future land uses will be identified in consultation with the community.” It is the position of the Village Board that remediation to residential use standards should be utilized as an objective. If any deviation from that standard is to be considered, it should be done only as an exception, after full formal approval by the Village Board. The Village Board does not consider that any property in the Village may not be reasonably anticipated to be returned to residential use. See above – eliminate “to the intent practicable.” Change to read: “A. To achieve unrestricted use of all properties within the study areas. Any deviation of such standard will be allowed only after agreement by the Village Board. Identifiable property owners must also consent.” Eliminate “to the intent practicable.” See above – eliminate Eliminate “to the intent practicable.” Eliminate “to the intent practicable.” 2. Eliminate to the intent practicable.” Numbers 3 and 4 are acceptable. 5. Carefully avoid adverse economic and aesthetic consequences to the Village of Middleport ant it s citizens during the remediation process. 6. Avoid deed and other restrictions which inhibit future usage and the sale of properties. 7. If, and whenever, levels of remediation are agreed to which are less than unrestricted and residential use; provide mechanisms for continued maintenance, testing, rehabilitation and other requirements which will not impose additional burdens – economic or otherwise – on the Village or the property owners. 8. The objectives must be carried out as expeditiously as possible. 9. Cleanup shall be performed to a degree that the EPA, DEC, and DOH will certify that the Village of Middleport is an environmentally safe community in which to work and reside. A motion was made by Deputy Mayor Conley, and seconded by Trustee Bateman, authorizing Coordinator Dodge to purchase materials to roof the DPW garage at a cost not greater than $14,000. Mr. Dodge will get the correct quotes to satisfy the procurement policy. Carried. A motion was made by Trustee Westcott, and seconded by Trustee Bateman, to authorize Mayor Maedl to execute an extension to the Greenway Grant that the Village secured in 2006. The extension will give the DPW an extra year to get the pavilion at Margaret Droman Park completed. Carried. At this time the Board discussed the 2009-2010 budget. Each line item in the general fund was addressed and discussed. During discussions, Chief Swick asked for the following raises for members of his department: P/T Police Officer Scott Bixby - $.50 per hour to $11.50 per hour P/T Police Officer Joshua Cain - $1.50 per hour to $11.50 per hour P/T Police Officer Ken Moore - $.50 per hour to $11.50 per hour F/T Police Officer Roland Johnson - $1.55 per hour to $18.00 per hour F/T Sergeant Jeff Waters – whatever percentage raise is given to other non-union full-time employees Discussed wages. Mayor Maedl would like to see a wage freeze. Union contract negotiations are scheduled for this year as the current contract expires May 31, 2009. Mayor Maedl feels that in this tough economic atmosphere, it is fiscally irresponsible to give wage increases. Discussed possibility of only giving one or two percent wage increases. Revenues were discussed. Chief Swick advised that the Stop DWI money will decrease to $15,000 this year. He also suggests that fine moneys will drop to about $15,000. All lines were addressed and discussed. Clerk Schweigert will apply all of the changes discussed to the worksheets and email to Board Members. Budget will be discussed again at March 16, 2009, Board meeting. A motion was made by Trustee Bateman, and seconded by Deputy Mayor Conley, to adjourn. Carried. Meeting adjourned at 9:20 p.m. Respectfully submitted, Rebecca A. Schweigert Clerk-Treasurer
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