August 20, 2012

A regularly scheduled meeting of the Board of Trustees was held on Monday, August 20, 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, Clerk-Treasurer Schweigert, and Daniel E. Seaman, attorney. Police Chief Swick was absent. Deputy Mayor Conley led the Pledge of Allegiance. There were several local residents in attendance, as well. Mayor Westcott opened the public hearing regarding a proposed amendment to Village Code §185-9(B). Clerk Schweigert read the notice. Bill Arnold, chair of the Community Input Group, asked if there are plans in place to put limits on Park Avenue, Francis Street, and State Street as well. Mayor Westcott advised that they are only addressing Vernon/South Vernon Street at this time as the Village will be putting a considerable sum into repairing it, and once it is fixed, we want to keep it in good condition. The other streets will be addressed in the future. Mr. Arnold questioned if this action is simply to limit truck traffic during ensuing remediation efforts. Mayor Westcott advised that those limits are simply a side effect of this action. Mike Seefeldt, 10 Vernon Street, asked what will be done with truck traffic during remediation. Mayor Westcott replied that no routes have been created yet. Mr. Seefeldt asked about trucks that are currently cutting across the vacant lot at 14 State Street, down the alleyway there and through the municipal lot on Main Street. Mayor Westcott advised that this law would not address that issue. Villa Seefeldt, same address, said they have to deal with fumes from these trucks. Mr. Seefeldt asked if the Village owns the lot at 14 State. It does not. Mayor Westcott advised that the lot, the alley, and Mr. Bill’s are all private, and this legislation does not address them. He said signs will be posted with the changes. FMC has already changed their address to Rochester Road for GPS purposes. The Village has sent a request to the school to eliminate as much bus traffic from Vernon/South Vernon as possible, although buses would be exempt from this legislation. Margaret Droman, 12 Vernon Street, advised she is in favor of the proposed amendment. At this time Mayor Westcott moved onto regular Board business, leaving the hearing open in case anyone else wanted to make a statement. A motion was made by Trustee McAvoy, and seconded by Trustee to approve the minutes of the July 16, 2012, meeting. Carried. A motion was made by Deputy Mayor Conley, and seconded by Trustee Blumrick authorizing payment of bills submitted on Abstract No. 03-12/13 in the amount of: General: $32,276.09; Water: $458.59; Sewer: $6,246.54; for a total of $38,981.22. Carried. A motion was made by Trustee McAvoy, and seconded by Trustee Hinkson, to approve payrolls number 4, 5, and 6 for periods ending July 21, August 4, and August 18, 2012. Carried. The Treasurer’s report was submitted and accepted for the month of July 2012. The Public Works report was submitted and accepted for the month of July 2012. Trustee Blumrick asked if any of the side streets will be patched. Mr. Dodge responded that it depends on if there are any funds left in the streets line following the Vernon/South Vernon Street job. The DPW will cold patch what they can, but it won’t last long. Mayor Westcott said that the Vernon/South Vernon Street project will probably use up all the money budgeted for streets. The Village and Town Police reports were submitted and accepted for the month of July 2012. The fire report was submitted and accepted for the month of July 2012 along with their financial report. The Code Enforcement report was submitted ad accepted for the month of July 2012. The Swim program report was submitted and accepted for the 2012 program. The Summer Recreation program report was submitted and accepted for 2012. The children included a thank you note for the Board. Deputy Mayor Conley said he had received a lot of positive feedback on the program. He was stopped by a new resident who let him know he was very pleased that, although his family had not been aware of the program earlier and had missed the sign up deadline, his children were allowed to join. Mayor Westcott said he’d been asked if the program could be extended a week. We currently offer four weeks. The program was changed to start a week later this year, which helped with families going on vacation. Mayor Westcott suggested that the Trustees stop in and observe the program when they get the chance. The children have a wonderful time and have some amazing things to do. The workers do a great job with the children, too. Water and sewer billings for the quarter ending August 1, 2012 were: water: $ 53,751.88; Sewer: $52,908.30; for a Total of $106,660.18. Clerk Schweigert noted that the billings are down due to Niagara Foods closing. A motion was made by Deputy Mayor Conley, and seconded by Trustee Blumrick, to adopt a resolution relative to the project application for Youth Recreation Program. Village expenditures for 2011 were $13,606.18. State reimbursement is expected to be $248. Carried. At this time Mayor Westcott asked if there were any more comments regarding the public hearing. Donald Enderby, 65 South Vernon Street, thanked the Board for taking this action as he is the person who submitted the petition asking for this to be addressed. He asked if FMC has been notified to change their address and Mayor Westcott advised they had. Mr. Enderby said that he has already seen a difference in fewer trucks going by his house. There being no more comments, Mayor Westcott closed the public hearing at 7:20 p.m. A motion was made by Deputy Conley, and seconded by Trustee McAvoy, to adopt the proposed amendment to Village Code §185-9(B). Carried. Correspondence was read: Received a thank you from the horseshoe league for installing the lights at the pits Received notice from Tom Arlington that he intends to resign as Code Enforcement Officer as of January 31, 2013. He submitted this now so that the Board will have time to find a replacement and to consider consolidating the position with the Town of Royalton. Received notice of Community Emergency Response Team (CERT) training to be held for nine weeks commencing September 19. Anyone interested in this training should let the Clerk know, so she can register interested parties. Received notice of a retreat regarding Urbanism that will be held in Chautauqua from October 12 to the 14, 2012. Anyone interested should let the Clerk know, so she can register interested parties. Received the projections for the 2013 retirement bill, which are about $5,000 less than budgeted. Trustee Blumrick thanked the fire company for their generosity in the use of the hall for the dinner and for putting up a welcome sign in the front of the hall. Mrs. Droman asked about putting remediation signs in the village’s right-of-way. She was told that residents were told they could not do this. She doesn’t want her sign in front of her bushes as no one would see it. Clerk Schweigert advised her that no one was told they could not place signs in the right-of-way; people were simply asked not to put them there. Discussion ensued regarding placing political signs in the right-of-way. Mr. Seaman suggested that signs should be in the yard not the right-of-way in order to make it clear the resident placed the sign. The Village does not have any political signage laws, and Mr. Seaman has advised they are hard to enforce. Mrs. Droman asked about the milling on Vernon/South Vernon Street that is scheduled to be done. Mr. Dodge explained that the company we are contracting with has been set back by weather. They work all over the state, so bad weather in other parts of the state can set them back. Mr. Enderby asked if the Village has a noise ordinance. Mayor Westcott advised yes. Mr. Enderby complained about vehicle that passes in front of his home nearly every afternoon that “sounds like a jet.” He has been unable to see the car as it is gone past by the time he gets to the window. He was advised that Mayor Westcott will let the police department know, as they will write loud muffler tickets. Mr. Seaman advised the board that he has prepared a lease agreement between FMC, the Masons, and the Village for use of the front office area of the Masonic Lodge by the Village Historian. He advised the board of the terms. Discussion ensued regarding termination of the contract and the Village’s obligations. A motion was made by Deputy Mayor Conley, and seconded by Trustee Blumrick, to authorize Mayor Westcott to execute the contract with FMC and the Masonic Lodge. Carried. Mr. Seaman gave the Board the background history of the parking lot at the Lutheran Church. The Village owns 11 feet of the west entryway; the church has been very generous in sharing the use of the parking lot since 1978. He explained the terms of the newest contract with the Church. As the contract was authorized for execution at the July meeting, Mayor Westcott will sign it. Discussed the response from the Village to the agencies’ statement of basis. Mr. Seaman produced a 10-page response, which he recommends submitting a copy of to Governor Cuomo on Village letterhead. Mayor Westcott expressed his approval of the letter as he felt it covered all of the points the Board wanted to make. A motion was made by Trustee McAvoy, and seconded by Deputy Mayor Conley, authorizing send the response to Governor Cuomo. Carried. Mr. Enderby recounted a disagreement he had with the DEC beginning approximately 10 years ago regarding a building he owns in Buffalo, New York. After a great cost to him, he was able to prove that the DEC should be responsible for the cleanup of the property. Mayor Westcott received a letter from the mayor of Lubbecke, Germany, which was translated and read at the goodbye dinner for our German friends, held on Sunday, August 12, 2012. He will be giving the original letter to the Village Historian. They have invited the Middleport Choirs to visit in 2015. Freiderich Hirte was very pleased with the proclamation as an honorary resident, and Herb Koenig was surprised with the appointment as an honorary ambassador of music and peace. Mr. Dodge advised the Board that he has gotten three quotes to purchase a chopper pump to replace the recirculation pump. The quotes ranged from $10,425 to $11,921. All three places submitted a quote for the exact same pump. The cost of the pump does include installation, but the company will send a rep to oversee the installation. Trustee Hinkson asked if the warranty would be compromised if we installed; Mr. Dodge said no as long as a rep is there during the installation. A motion was made by Deputy Mayor Conley, and seconded by Trustee Hinkson, to purchase the chopper pump at a cost of $10,425 from Vaughan Company. Carried. Discussed the notice from ASCAP regarding the need for a license to have music at Villagesponsored events. Although the Village only sponsors one event, Mr. Seaman advised that the request is legitimate and the Village should abide by it. A motion was made by Trustee Blumrick, and seconded by Trustee Hinkson, to authorize Mayor Westcott to execute the contract with ASCAP for a music use permit at a cost of $320 per year. Carried. Mayor Westcott advised the Board that, at times, he may be unable to perform marriage and would like to appoint Rebecca Schweigert as a marriage officer for those occasions. A motion was made by Trustee McAvoy, and seconded by Trustee Hinkson, to appoint Rebecca Schweigert to a one-year term as a marriage officer in the Village of Middleport. Carried. The next regular meeting of the Board of Trustees will be on Monday, September 17, 2012, at 7 p.m. A motion was made by Trustee Hinkson, and seconded by Trustee Blumrick, to move into executive session for discussions with attorney. Carried. Executive session was opened at 8:05 p.m. A motion was made by Deputy Mayor Conley, and seconded by Trustee Hinkson, to return to general session. Carried. Mayor Westcott reconvened general session at 8:48 p.m. Trustee McAvoy advised he had discussed stump removals with Mr. Dodge. After an additional 5 are removed, the budget will be depleted. Mr. Dodge will look into having Niagara County personnel help with future removals. A motion was made by Trustee Hinkson, and seconded by Deputy Mayor Conley, to adjourn. Carried. Meeting adjourned at 8:50 p.m. Respectfully submitted, Rebecca A. Schweigert Clerk-Treasurer
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