July 18, 2011

A regularly scheduled meeting of the Board of Trustees was held on Monday, July 18, 2011, 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. Trustee Blumrick led the Pledge of Allegiance. There were a few Village residents in attendance, as well. Mayor Westcott opened the public hearing regarding a proposed local law entitled “eddling, Hawking, and Soliciting.” Clerk Schweigert read the notice. Clerk Schweigert asked if the law will impact the vendors at the Labor Day celebrations. Attorney Seaman advised they would be part of the exemption. There being no other comments, Mayor Westcott closed the public hearing. A motion was made by Trustee McAvoy, and seconded by Deputy Mayor Conley, to adopt the local law entitled “eddling, Hawking, and Soliciting.” The roll-call vote was as follows: Deputy Mayor Conley: aye; Trustee Hinkson: aye; Trustee Blumrick: aye; Trustee McAvoy: aye; Mayor Westcott: aye. Nays: none: Abstentions: none: Absent: none. The motion was unanimously passed. A motion was made by Trustee Blumrick, and seconded by Deputy Mayor Conley, to approve the minutes of the June 20, 2011, meeting. Carried. A motion was made by Trustee Hinkson, and seconded by Trustee Blumrick, to approve payment of bills submitted on Abstract No. 02-11/12. General: $52,444.16; Water: $16,586.19; Sewer: $6,143.06; Total: $75,173.41. Carried. The Treasurer’s report was submitted and accepted for the month of June 2011. The Public Works report was submitted and accepted for the month of June 2011. The Village and Town Police reports were submitted and accepted for the month of June 2011, with Chief Swick reading the highlights. The fire report was submitted and accepted for the month of June 2011. The Code Enforcement report was submitted and accepted for the month of June 2011. Correspondence was read: Received a notice form MVP that they have applied for a 13.3 percent increase in rates for 2012. Received an email from the Middleport Area Tourism & Beautification Committee requesting permission to use tables and chairs from the Scout House for the Wine, Cheese & Chocolate event that will be held at the Rotary Park Pavilion. Current policy is that only Scouts may remove tables and chairs from the Scout House. Trustee McAvoy checked what was available at the Scout House for their use. There are some older tables that could be used. Discussed event & what is available for use at the Pavilion. Board approved the request. Mr. Dodge will have 8 tables and 16 chairs on a cart ready for them to use on July 24, 2011 & will let MATABC know. Clerk Schweigert advised she has a meeting with FEMA and NYSOEM for possible reimbursement of the cleanup costs from the windstorm damage from April 26 through May 6. Mr. Dodge advised he has contacted the CHIPS representative again. He is trying to find a way for the Village to be able to use CHIPS money to fix Vernon & S. Vernon Streets. Discussed what needs to be done and the cost. If we are unable to use CHIPS funds, we will have to go after FMC for the cost as much of the damage was done by their trucks during the Park Avenue remediation project. Trustee McAvoy asked for an update on the energy audit at the sewer plant. Mr. Dodge advised the assessment was done, but no report has been given to the Village. The person who did the assessment no longer works for the company. Discussed the National Grid program that could possibly help. Must be done by the end of the calendar year. Also discussed need for energy efficient boiler at the plant. Mayor Westcott asked for an update on money for the library. Clerk Schweigert spoke with the ibrary’s Board resident, Carolyn Wagner. There wouldn’t be a cash flow problem if the village didn’t give them the money. s the library now has a dedicated source of funding, the Village will no longer provide funding. Mayor Westcott advised the Board what the Village’s response was to the CMS study, as FMC & the Agencies asked for comments. A copy of the response was distributed to all Trustees. Mayor Westcott passed around an artist’s rendition of the mural Stacy Kirby would like to paint on the front of the Village Hall. All positive responses to the rendition. Deputy Mayor Conley advised the Board he has received positive comments on the use of 16 Main Street by the Tourism Committee and the historian. They have historical information there & many people have stopped into see it. Very positive feedback from boaters. Mr. Dodge advised the Board that all of the Main Street Grant paperwork has been submitted and now payments are being processed. Trustee Blumrick asked for an update on State Street Diane’s Caf. Mr. Dodge advised that there are different levels of contamination there, so some areas have been remediated and some are still waiting for test results. No word on how they will resurface the area. The gas tanks at Vernon Street Mr. Bill’s have been removed. The next regularly scheduled meeting will be Monday, August 15, 2011, at 7:00 p.m. at the Village Hall. A motion was made by Trustee McAvoy, and seconded by Deputy Mayor Conley, to move into executive session for the purpose of consultation with the attorney for the Village. Carried. Executive session opened at 7:39 p.m. A motion was made by Deputy Mayor Conley, and seconded by Trustee McAvoy, to return to general session. Carried. Mayor Westcott reconvened general session at 8:26 p.m. The following resolution was offered by Deputy Mayor Conley, who moved its adoption, and seconded by Trustee McAvoy: WHEREAS the Village wishes to encourage early retirement for employees, now therefore, be it RESOVED that any other provision of the Village of Middleport Personnel rules and collective bargaining agreements notwithstanding, the Village shall, as a retirement incentive, provide the same benefit currently provided to retirees who retire after twenty (20) years of service who are eligible to receive New York State Retirement benefits, to any employee who shall retire and shall have attained the age of sixty-two (62) years, have seventeen (17) or more years of service and are eligible to receive New York State retirement benefits, and be it further RESOLVED that this incentive shall amend the personnel rules for the Village of Middleport and shall be in addition to, but does not change any provision of any collective bargaining agreement and, be it further RESOLVED that the retirement incentive set forth herein shall terminate on October 1, 2011, and shall not apply to any employee retiring after that date. The vote on the preceding resolution was as follows: Ayes: Conley, Blumrick, Hinkson, McAvoy, and Westcott; Nays: none; Abstentions: none; Absent: none. The resolution was duly adopted. There being no further business, a motion was made by Deputy Mayor Conley, and seconded by Trustee Hinkson, to adjourn. Carried. Meeting adjourned at 8:32 p.m. Respectfully submitted, Rebecca A. Schweigert Clerk-Treasurer
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