March 15, 2010

A regularly scheduled meeting of the Board of Trustees was held on Monday, March 15, 2010, in the Village Hall. Mayor Maedl opened the meeting at 7:12 p.m. Also present were Trustee Sarchia, Trustee Westcott, Coordinator Dodge, Police Chief Swick, Clerk-Treasurer Schweigert, and Daniel E. Seaman, attorney. Deputy Mayor Conley and Trustee Bateman were absent. Trustee Sarchia led the Pledge of Allegiance. There were several Village residents in attendance, as well. A motion was made by Trustee Westcott, and seconded by Trustee Sarchia, to approve the minutes of the February 16 and the March 13, 2010, meetings. Carried. A motion was made by Trustee Sarchia, and seconded by Trustee Westcott, to authorize payment of bills on Abstract No. 10-09/10: General: $27,888.24; Water: $8,929.00; Sewer: $16,779.97; Total: $53,597.21. Carried. A motion was made by Trustee Westcott, and seconded by Trustee Sarchia, to approve Payrolls No. 19 and 20 for weeks ending February 19 and March 8, 2010. Carried. The Treasurer’s report was submitted and accepted for February 2010. The Public Works reports were submitted and accepted for January and February 2010. The Village and Town Police reports were submitted and accepted for February 2010, with Chief Swick reading the highlights. Correspondence was read: Received a notice that the Boy Scouts will be having pancake breakfasts on March 21 & March 20. Received updated assessments from Orleans County regarding the Dublin Road property. The assessments have not changed, but the projected tax amount is less. Received an email that Melane Shuttleworth, Middleport Free Library librarian, will be retiring as of May 1, 2010. Discussed the changes the Board requested of the proposed recreational vehicle local law. The updated draft was distributed to the Board. Trustee Westcott introduced the Local Law regarding recreational vehicles . Public Hearing to be set. A motion was made by Trustee Westcott, and seconded by Trustee Sarchia, to hold a public hearing regarding a Local Law entitled “Regulating the Use of Recreational Vehicles and Other Transient Vehicles and Structures” at 7:05 p.m. on April 19, 2010. Carried. Attorney Seaman distributed suggested additions to the Village’s noise ordinance. He read the pertinent and enforceable parts of the current law and advised that the new language creates additional requirements and adds definitions to clarify language. The additions include a prohibition of continuous noise that registers of 65 dB on a decibel meter. He advised that there is a lot of information available regarding noise, including the USEPA’s noise standards and NYS Building Code noise standards, as well as codes that various New York State municipalities have. The Village’s current noise ordinance is similar to a lot of larger municipalities’ ordinances throughout the state. The additions included exceptions to the 65 dB regulation, including municipally-sponsored events and holiday parades. School events would be considered municipally-sponsored events as listed under exceptions. Discussed the permit proposed in the ordinance. A commercial entity would be allowed three (3) permits per calendar year to hold outdoor concerts or bands that had noise that exceeded the 65dB of the code. The noise is limited to 3 hours during the hours of 12 noon to 9 pm. A block party would be entitled to one (1) such permit a year. The noise would be limited to the hours of 11 am to 10 pm. Trustee Westcott asked if there is a fee for the permit. Mr. Seaman advised that a fee could be added to the fee schedule. Mr. Dodge asked how a permit would be denied. Mr. Seaman advised that if a business had already received three permits or a block party had already had one, permits would be denied for the remainder of the calendar year. Permits would not be denied on the basis of violating the ordinance in the past. If music or noise register at less than 65 dB, a permit would be unnecessary. Mr. Seaman cautioned that no noise code is perfect and that the Board should expect that they may have to amend the code in the future to cover circumstances that were not anticipated. Trustee Westcott introduced the amendments to the Village’s noise ordinance and a public hearing was set. A motion was made by Trustee Sarchia, and seconded by Trustee Westcott, to hold a public hearing regarding the amendments to the Village’s noise ordinance at 7:05 pm on April 19, 2010. Carried. Trustee Westcott thanked the Village for the use of the public restrooms for the endurance runners during the race held February 27 and 28 from Lockport to Middleport and back. This was a 100 mile race held over the course of 24 hours. New York State has changed its procurement laws to allow an increase in public works projects. The following resolution was offered by Trustee Westcott, who moved its adoption, and seconded by Trustee Sarchia WHEREAS Section 104-b of the General Municipal Law requires every Village to adopt internal policies and procedures governing all procurement of goods and services not required to be procured by competitive bidding, and WHEREAS comments have been solicited from those officers of the Village involved with procurement; NOW, THEREFORE, BE IT RESOLVED that the Village of Middleport does hereby adopt the following procurement policies and procedures: Guideline 1. Every prospective purchase of goods or services shall be evaluated to determine the applicability of General Municipal Law Section 103. The Purchase shall estimate the cumulative amount of the items of supply of equipment needed in a given fiscal year. That estimate shall take into consideration requirements of other village departments and past history to determine the likely yearly value of the commodity to be acquired. Guideline 2. All purchases of a) supplies or equipment which will exceed $10,000 in the fiscal year or b) public works contracts over $35,000 shall be formally bid pursuant to General Municipal Law Section 103. Guideline 3. All estimated purchases of: 1. Less than $10,000.00 but greater than $5,000 require a verbal or written request for a proposal and written or fax quotes from three vendors. 2. Less than $5,000.00 but greater than $1,000 require a verbal request for the goods and verbal or fax quotes from two vendors. 3. Less than $1,000 are left to the discretion of the purchaser. All estimated public works contracts of: 1. Less than #5,000 but greater than $5,000 require a verbal or written request for proposal and written or fax proposals from three contractors. 2. Less than $5,000 but greater than $1,000 require a verbal or written request for proposal and verbal or fax proposals from two contractors. 3. Less than $1,000 are left to the discretion of the purchasers. Guideline 4. Purchase or public works contracts in excess of $1,000 shall be approved by the Village Board of Trustees. The purchase to Guideline 5. The lowest responsible proposal or quote shall be awarded the purchase or public works contract unless the purchase prepares a written justification providing reasons why it is in the best interest of the village and its taxpayers to make an award to other than the low proposal. Guideline 6. A good faith effort shall be made to obtain the required number of proposals or quotations. If the purchase is unable to obtain the required number of proposals or quotations, the purchaser shall document the attempt made at obtaining the proposals. In no event shall the inability to obtain the proposals or quotes be a bar to the procurement. Guideline 7. Except when directed by the Village Board of Trustees and subject to competitive bidding requirements, no solicitation of written proposals or quotations shall be required under the following circumstances: a. Acquisition of professional services; b. Emergencies; c. Sole source situations; d. Goods purchased from agencies for the blind or severely handicapped; e. Goods purchased from correctional facilities; f. Goods purchased from another governmental agency; g. Goods purchased at auction; h. Goods purchased for less than $1,000 i. Public works contracts for less than $1,000. Guideline 8. This policy shall be reviewed annually by the Village Board of Trustees at its organizational meeting or as soon thereafter as is reasonably practicable. Guideline 9. Except where exempted by Guideline 6, a Procurement Policy Form shall be completed by the Purchaser and placed in the file relating to the purchase. All additional information gathered in complying with the procedures of this guideline shall be preserved and filed with the documentation supporting the subsequent purchase or public works contract. Guideline 10. It is the determination of the Board that for purchase less than $1,000, the requirement of solicitation of alternative proposals and the paperwork necessary to document them are time consuming and counterproductive to the best interest of the Village. The small number of individuals with purchasing authority and their overall knowledge of available products and services in their respective areas are given weight by this Board in arriving at this finding. Purchasers shall, nevertheless, utilize good business judgment in obtaining products and services at the best overall value to the Village of Middleport. The vote on the preceding resolution was as follows: Ayes: Trustee Westcott, Trustee Sarchia, and Mayor Maedl; Nays: none; Absent: Deputy Mayor Conley and Trustee Bateman; Abstentions: none. The resolution was duly passed. Mr. Dodge informed the Board that the Niagara County Health Department will be holding a rabies clinic for the first time at the DPW garage. It will be on Saturday, March 20, 2010, from 2 pm to 4 pm. Mark Crane, a commissioner from the Iroquois Trail Boy Scout Council, requested permission to use the Scout House and Rotary Park for a “Camporee” the weekend of May 14 – 16. He has already discussed the issue with Troop 23 Scout Leader Tim Herriven, who is amenable to having the camporee in Middleport. The Council had the camporee scheduled at another place, but they have since been informed that it cannot be held there. The Council has also spoken with representatives from the Lutheran Church regarding the camporee, too. Permission was granted and the event was put in the Scout House calendar book. Chris Steiner, president of the RoyHart Baseball Softball League, asked if the Board had taken any action on the contract. Mr. Seaman advised he had the new contract with him. A motion was made by Trustee Westcott, and seconded by Trustee Sarchia, to authorize Mayor Maedl to execute a one year contract with the RoyHart Baseball Softball league, giving $3,000 in financial support. Carried. Gary Wolter, 28 Park Avenue, addressed the Board regarding an ongoing parking issue. He has had difficulty backing out of his driveway because people park directly across from it on Park Avenue. Park Ave. is narrow, and it is difficult to turn out of the driveway if a car is parked on the street. This issue has been a problem since he purchased the house 38 years ago, and it’s getting worse. He suggested three possible solutions: No parking at all on Park Avenue Change the current parking ban on Park Avenue to the north side from the south side Prohibit parking from in front of 27 Park Avenue to Maple Avenue. Discussion ensued as to the neighbors and different ways relief has been sought. Chief Swick will review the situation and make a recommendation at the next Board meeting on April 5. Board members were asked to drive by the property in question to see what is being discussed. Dale Schnackel, 10 Watson Avenue, thanked the Board for all of their work on resolving the noise issue regarding the Basket Factory. Trustee Westcott has been a champion on this. He feels that there has been no cooperation from the owners regarding the neighbors’ complaints and it has paid off coming to the Board. There have been times the dB level has measured 72-75 in his hard. Chief Swick said he will make sure the owners of the Basket Factory are at the public hearing. Maybe the bands will have to be moved inside and the people outside. Discussed the permits. If the noise is loud, the Clerk’s office should be contacted to see if a permit has been issued. There won’t be a timeframe in which a permit has to be applied for (say 3 months ahead or something like that), but permits won’t be issued at the last minute. Mr. Schnackel again thanked the Board for addressing this issue. The next regularly scheduled meeting of the Board of Trustees will be the annual reorganization meeting on Monday, April 5, 2010, at 7:00 p.m. The next NWFAVO meeting will be on Wednesday, April 21, 2010. The next regularly scheduled monthly meeting will be on Monday, April 19, 2010, at 7:00 p.m. A motion was made by Trustee Westcott, and seconded by Trustee Sarchia, to move into executive session for discussions with the attorney. Carried. Executive Session was opened at 8:07 p.m. A motion was made by Trustee Sarchia, and seconded by Trustee Westcott, to move back into general session. Carried. General Session was reconvened at 8:35 p.m. There being no further business, a motion was made by Trustee Westcott, and seconded by Trustee Sarchia, to adjourn. Carried. Meeting adjourned at 8:35 p.m. Respectfully submitted, Rebecca A. Schweigert Clerk-Treasurer
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