September 20, 2010

A regularly scheduled meeting of the Board of Trustees was held on Monday, September 20, 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, ClerkTreasurer Schweigert, and Daniel E. Seaman, attorney. Trustee Sarchia was absent. Trustee Conley led the Pledge of Allegiance. There were a few village residents in attendance, as well. A motion was made by Trustee Conley, and seconded by Trustee Bateman, to approve the minutes of the August 16, 2010, meeting. Carried. A motion was made by Trustee Bateman, and seconded by Trustee Conley, to authorize payment of bills submitted on abstract No. 04-10/11. General: $49,369.55; Water: $832.57; Sewer: $7,644.99 Total: $57,847.11. Carried. A motion was made by Trustee Conley, and seconded by Trustee Bateman, to approve payrolls no. 6, 7, and 8 for weeks ending August 21, September 4, and September 18, 2010. Carried. The Treasurer’s report was submitted and accepted for the month of August, 2010. The Public Works report was submitted and accepted for the month of August, 2010. The Village and Town Police reports were submitted and accepted for the month of August, 2010, with Chief Swick reading the highlights. The fire report was submitted and accepted for the month of August, 2010. The Code Enforcement report was submitted and accepted for the month of August, 2010. Correspondence was read: Received a notice from National Grid about a public hearing for an increase in rates. Received Kevin Morse’s resignation from the Police Department, effective September 16, 2010. He has been hired full-time by the Lewiston PD and will be moving there. Received a thank you from the Niagara County Health Department for the use of the DPW barn for their rabies clinic in June. The thank you also included thanks for all of the help the DPW gave them for the clinic. Mayor Maedl received two packets of thank you notes from students at the Roy-Hart Middle School for her efforts in arranging their field trip to see the Lois McClure on September 9. Mayor Maedl told the DPW and the PD that the schooner’s liaison, Erick Tichonuk, extended his thanks to them for all of their help during the Lois McClure’s stay in Middleport. They were very pleased with the attendance, and eventually we will receive a report of how many people stopped by to see the schooner. Mr. Tichonuk also advised Mayor Maedl that the crew really enjoyed their stay in Middleport. The recommendations by the ad hoc noise ordinance committee were discussed at this time. Mayor Maedl recapped what the committee had done regarding the noise issue from the bands at the Basket Factory. Village resident and committee member Dale Schnackel, 10 Watson Avenue, gave his observations of what has happened since the committee wrapped up its investigation and fact finding. He still would like to see a noise barrier put up to help contain the music. Mr. Dodge advised that he has been told by the owners of the Basket Factory that when they do upgrades using the Main Street grant money they will receive, they will also make some changes at the deck area to help alleviate the noise issue. Mayor Maedl advised that one of the owners was at her house the Sunday that the Easy Street Big Band played, asking for a permit then, because the band was loud and the neighbors were complaining. Mayor Maedl told her that a permit will not be issued after the fact. At this point, the band was shut down by the owners. Mr. Seaman commented that this shows the owners are cognizant of what’s going on. This problem is not going to be solved at board meetings. The law is on the books. The Police Department can cite the owners or the band or can simply ask to turn down the music. The Board is not going to tell Chief Swick when to write tickets, they don’t want to tie his hands. He and his department have done a good job handling this issue. The application and permit for a noise ordinance waiver were discussed. Clerk Schweigert had been instructed by Mayor Maedl to create both for future use. Mayor approved of the design and advised Clerk to have Chief Swick review. Clerk’s office will issue the permits. As a courtesy, the business owner should apply at least a week before the event, so there is enough time to notify neighbors. As weather also determines if the event is outside, the application should not be filed too far in advance. If a permit is not used due to inclement weather, it may be reissued for another date. If the band begins to play and has to stop due to bad weather, the permit will not be reissued for another date. Mr. Schnackel let the Board know how much he appreciates what they’ve done over last year and a half to resolve this issue. Kathy Kindle, 35 Church Street, asked about volume control. Mayor Maedl advised that is what we’ve been discussing. Wayne Blumrick, 31 State Street, is a member of the Easy Street Big Band. He said he disagrees wholeheartedly with Mr. Schnackel’s assertion that there was no cooperation. He said that in the 40 years he has been playing music professionally, this was the first time he’s ever been shut down. The band peaked at 95 dB. It was measuring at 70-75, which according to OSHA is conversation level. He feels the law needs to be revisited to change the dB level. Only the keyboard and singer were amplified. He asked several audience members if the band was too loud, and all said no. Mayor Maedl responded that we’ve had this conversation before. If the owners of the Basket Factory had made the bands turn down the sound long ago, the Village wouldn’t have gotten into the issue. Mr. Seaman did a lot of research on this law, and took the average of other laws. The owners have only been a little cooperative, not totally uncooperative. The Mayor did a lot of the legwork for them, but now they have to take this seriously. Chief Swick said that the vocals were too loud; he could hear them near the Main Street Bridge. Mayor Maedl said that the east end of the deck is always okay. Maybe as a retired music teacher, Mr. Blumrick could help the owners with suggestions for the west end to lower the sound. No one knows why it is always so loud at the west end, especially now that the band faces the other direction. The Board does not want to be involved with this issue. Mr. Blumrick must remember that this law applies to the entire village, not just the Basket Factory. Maybe he could do research as to why it is so loud at the west end. Mr. Blumrick responded that the law needs to be changed. Mr. Seaman responded that this is an old conversation and the law is not going to be changed. Mayor Maedl observed that the entire time that the bands were being monitored by the committee, all of them stayed in compliance. As soon as the committee stopped monitoring, problems began again. Mr. Schnackel should not be responsible for calling the restaurant and advising it is too loud. The law will stand and the owners must do things to control the sound. The committee knows it can be done, because it has been done. The Board can’t force the owners to do anything. Mr. Dodge suggested that the owners be advised they will no longer get warning phone calls from Mr. Schnackel, as decided by the committee. The discussion ended with Mayor Maedl reiterating that it is not the Board’s job to tell the owners what to do. Eagle Scout candidate Matthew Johnson addressed the Board. His project is to move the flag pole at the Scout House closer to the building. He is half done. The concrete and base are in. He must fill in the hole and put up the remainder of the pole. He would like to have a dedication ceremony on Veterans’ Day, November 11, and asked the mayor to attend. Mayor Maedl asked for the time of the ceremony, as the Legion Post holds their services at 11 am on that date. He will work with the Legion to see if their service could move to the flag at the Scout House. If not, he will set this up for later in the day. It will include the traditional flag retiring ceremony that the Scouts usually do at the Veterans’ Day service. Mr. Dodge advised the Board that he has spoken with Jeff Telecky regarding Wendel’s most recent I&I proposal. The 2010 proposal included the annual I&I report, but the Board questioned the need for the report at the August meeting, as all of the inspections are done. Rob Locey, NYSDEC, has indicated to Mr. Telecky that this I&I program will be into perpetuity. Mr. Dodge participated in a telephone conference with Mr. Telecky, Tim Walck, and Mr. Locey, regarding this. Mr. Locey will consider not having to do flow monitoring every year – may change it to every other year. This is the most expensive part of the program, as Wendel must analyze the date. The monitoring is already done for this year. Mr. Dodge advised Mr. Locey that he would rather spend $16,000 per year trying to fix the system than on monitoring. Mr. Locey did not have a response to this. During the conversation, Mr. Dodge asked if some of the tests that the Village currently does because of our SPDES permit could be eliminated. They are expensive and are always negative. They currently cost the village close to $2,000 per year. Discussion ensued regarding this, as the DEC is now considering this request as an application to modify the permit, so a notice must be publish to gather responses. Mr. Dodge is concerned, as the notice the DEC wants published includes adding the overflow on North Hartland Street, near the end of Sleeper Street, as an emergency overflow. Tim Walck will be advising on this. Right now we don’t have a control for this overflow. We may have to put a valve in, which could be expensive. We probably would have been required to add this overflow to our permit eventually, anyway. Tim Walck will be advising on this. A motion was made by Trustee Conley, and seconded by Deputy Mayor Westcott, to authorize the application for the changes to the Village’s SPDES permit. Carried. A motion was made by Deputy Mayor Westcott, and seconded by Trustee Bateman, to authorize the proposal by Wendel Duchscherer for the 2010 I&I program at a total cost of $16,650. Carried. A motion was made by Trustee Conley, and seconded by Deputy Mayor Conley, to authorize Mayor Maedl to execute the revised settlement with nationalgrid regarding the gross utility sales tax. Carried. Chief Swick advised the Board that the Village will probably be receiving the same amount of funding from Stop DWI in 2011 as it received in 2010, $16,000. Stop DWI funds have decreased as the state has increased the surcharge but judges are not increasing fines to cover the surcharge. Chief Swick asked to order a replacement vehicle, as the cost was built into the 2010-2011 budget. Current state bid price is $25,680; current amount budgeted is $28,000. He will need to spend the entire $28,000 to add the cage, lights, etc. to the new vehicle. A motion was made by Deputy Mayor Westcott, and seconded by Trustee Bateman, authorizing Chief Swick to order and outfit a new police vehicle at a cost not to exceed $28,000. Carried. Mr. Dodge distributed quotes from three vendors to replace the air conditioning unit in the Village hall. The unit is 20 years old and on its last legs. The vendors and quotes are as follows: Drum Oil & Propane - $3,516 RGM Heating & Air Conditioning - $3,900 Sparks Plumbing & Heating - $5,795 Mr. Dodge recommends the Drum Oil proposal. The proposals all include moving the unit back onto Village property. A motion was made by Trustee Conley, and seconded by Deputy Mayor Westcott, to accept the Drum Oil quote for the replacement of the air conditioning unit in the Village hall at a total cost of $3,516. Carried. Mr. Dodge asked for permission to begin the process of purchasing a replacement for the 1997 truck, as the 2010-2011 budget includes the cost of a BAN for this. He will be attending an open house at the dealership that has the state bid at the end of the month to check into costs, and if he finds something acceptable, he will purchase it. The BAN can be authorized at the November meeting. A motion was made by Deputy Mayor Westcott, and seconded by Trustee Conley, to authorize Mr. Dodge to purchase a replacement truck at a cost not to exceed $60,000. Carried. The police vehicle and the 1997 truck will be sold as surplus if possible. Mary Loughrey, 5 Orchard Street, asked if anything is being done about cleaning up the grounds at Bitterman’s Flea Market. Mayor Maedl read the portion of Tom Arlington’s report that deals with this. She also asked if anything can be done with the cars spinning their tires at the Orchard Street entrance of this establishment as they make lots of noise and kick up stones. Chief Swick advised he has issued warnings regarding this. Mrs. Loughrey thought the Orchard Street entrance was supposed to be blocked off. Clerk Schweigert will check the special use permit regarding this. The next regularly scheduled meeting of the Board of Trustees will be held on Monday, October 18, 2010, at 7:00 p.m. The next meeting of the Northwestern Frontier Association of Village Officials will be Wednesday, October 20, 2010, with the Village of Lyndonville hosting. There being no further business, a motion was made by Trustee Conley, and seconded by Deputy Mayor Westcott, to adjourn. Carried. Meeting adjourned at 8:32 p.m. Respectfully submitted, Rebecca A. Schweigert Clerk-Treasurer
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