Minutes

June 20, 2011

Body:
A regularly scheduled meeting of the Board of Trustees was held on Monday, June 20, 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 McAvoy led the Pledge of Allegiance. There were a couple of Village residents in attendance, as well. A motion was made by Trustee McAvoy, and seconded by Trustee Blumrick, to approve the minutes of the May 16, 2011, meeting. Carried. A motion was made by, and seconded by Deputy Mayor Conley, and seconded by Trustee Hinkson, to authorize payment of bills submitted on Abstract No. 13-10/11. General: $25,656.60; Sewer: $909.06; Total: $26,565.66. Carried. A motion was made by Trustee McAvoy, and seconded by Trustee Blumrick, to authorize the following budget transfers for Abstract 13-10/11 from the 2010-2011 budget: To From Amt A1010.4 A5112.2 $161.22 A1325.4 A5112.2 $492.19 A1490.1 A5112.2 $3.24 A1490.11 A5112.2 $7,641.57 A1620.4 A5112.2 $16.98 A1640.4 A5112.2 $3,394.40 A3120.1 A5112.2 $3.64 A33120.11 A5112.2 $17.00 A3120.2 A5112.2 $272.05 A3120.41 A5112.2 $4,902.41 A5182.4 A5112.2 $626.58 A7110.4 A5110.2 $12,000.00 A7110.4 A1420.4 $1,131.25 A7550.4 A5112.2 $268.31 A8160.4 A5112.2 $344.60 A8560.4 A5112.2 $670.47 A9030.8 A5112.2 $2,077.03 A9060.8 A1420.4 $406.39 A9970.7 A1990.4 $963.90 TOTAL $35,393.23 Water Fund F8310.1 F1990.4 $2.16 F9060.8 F1990.4 $2,417.03 TOTAL $2,419.19 Sewer Fund G8110.1 G1990.4 $1.62 G8120.4 G1990.4 $815.93 G9030.8 G1990.4 $7.72 G9060.8 G1990.4 $673.22 TOTAL $1,498.49 Grand Total $39,310.91 Carried. A motion was made by Trustee McAvoy, and seconded by Deputy Mayor Conley, to authorize payment of bills submitted on Abstract No. 1-11/12. General: $64,922.03; Water: $5,532.77; Sewer: $8,895.67; Total: $79,350.47. Clerk Schweigert asked that the Board address the letter from Carolyn Wagner, President of the Middleport Free Library’s Board of Trustees, at this time. Ms. Wagner advised the Board that the voters passed the proposition to change the MFL to a District Library and approved the requested budget. The revenues for the library will now mostly come from the funds collected by the school on the school tax bills that are for the library. President Wagner has asked that the Board consider prorating the amount budgeted for the library. Discussion ensued regarding this request. Determined that the Board needs to know if the library intends to repay this amount or if they will keep it. It will be funds that are above and beyond what they budgeted through the library vote. Clerk Schweigert advised to contact President Wagner regarding this issue, and the Board will address it at the July board meeting. The payment was pulled from the June bills. Amounts to be paid for the General Fund for Abstract 1-11/12 is now $50,157.63. Water and Sewer bill amounts will not change. Total amount to be paid is $62,011.39. Motion carried. A motion was made by Trustee Hinkson, and seconded by Deputy Mayor Conley, to approve payrolls No. 26 and No. 1 for weeks ending May 28 and June 11, 2011. Carried. A motion was made by Trustee McAvoy, and seconded by Trustee Blumrick, to approve interest payment of $1,651.62 to M & T Investments on the Sewer Improvement Loan on or before July 1, 2011. Carried. The Treasurer’s report was submitted and accepted for May 2011. The Public Works report was submitted and accepted for May 2011. Trustee Blumrick asked about open burning in the Village. Chief Swick explained that the Village does not have an open burning law, but the PD enforces Niagara County’s law. Clerk Schweigert advised that when asked, she gives a copy of the law to residents. The Village and Town Police reports were submitted and accepted for May 2011, with Chief Swick reading the highlights. The Code Enforcement report was submitted and accepted for May 2011. The fire report was submitted and accepted for May 2011. At this time Mayor Westcott opened the floor for public comment: Ron Matusek, 9 Orchard Street, commented that his neighbor at 17 ½ Orchard had a party on Saturday, but nothing got out of hand, so no one needed to complain. Michael Miano, 97 S. Main Street, addressed the Board with the same complaints as in the past: He feels that the SUVs that the Middleport PD use are not cost effective & are too expensive He still would like to see the Village hire local youth to shovel sidewalks and charge the homeowner for the service, as the city of Lockport is now doing this for unmowed grass He invited the Board to look at 57 Main Street again. Feels that it looks worse after being painted. He does not know the owners, but he feels that the condition of the house is a disgrace and is dangerous He still feels that the signs at the entrances of the Village that announce that Middleport was voted best in the state and 11th in the country for the best place to raise children are misleading. Mr. Matusak asked what is wrong with building up the community. He objects to Mr. Seaman’s presence at the Board meeting, as he creates a stigma for the Village as every time Mr. Seaman’s arrest is mentioned in the paper, Middleport is mentioned, too. He feels that the Board should terminate its association with Mr. Seaman. Mayor Westcott thanked Mr. Miano for his concerns. The following resolution was offered by Deputy Mayor Conley, who urged its approval, and seconded by Trustee Hinkson: 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 Purchaser 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 $20,000.00 in the fiscal year or b) public works contracts over $35,000.00 shall be formally bid pursuant to General Municipal Law Section 103. Guideline 3. All estimated purchases of: 1. Less than $20,000.00 but greater than $5,000.00 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 $1,000.00 require a verbal request for the goods and verbal or fax quotes from two vendors. 3. Less than $1,000.00 are left to the discretion of the Purchaser. All estimated public works contracts of: 1. Less than $35,000.00 but greater than $5,000.00 require a verbal or written request for proposal and written or fax proposals from three contractors. 2. Less than $5,000.00 but greater than $1,000.00 require an verbal or written request for proposal and verbal or fax proposals from two contractors. 3. Less than $1,000.00 are left to the discretion of the Purchasers. Guideline 4. Purchase or public works contracts in excess of $1,000.00 shall be approved by the Village Board of Trustees. The Purchaser to accept a proposal in accordance with these guidelines prior to receipt of approval, but subject to approvals. If no separate action by the Village Board of Trustees has been taken, the approval of vouchered billings by the Village Board of Trustees shall constitute approval. Guideline 5. The lowest responsible proposal or quote shall be awarded the purchase or public works contract unless the Purchaser 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 Purchaser 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 $1,000.00 i. Public works contracts for less than $1,000.00 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 this board that for purchases less than $1,000.00, 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: Deputy Mayor Conley, Trustee Blumrick, Trustee Hinkson, Trustee McAvoy, and Mayor Westcott; Nays: none; Abstentions: none; Absent: none. The resolution was duly passed. A motion was made by Trustee McAvoy, and seconded by Trustee Blumrick, to approve the Summer Royalton-Hartland Youth Swim Program beginning July 5 through August 12, 2011. Carried. A motion was made by Trustee Hinkson, and seconded by Trustee McAvoy, to approve Kathy Mullin as Swim Director at $15.00 per hour. Carried. A motion was made by Deputy Mayor Conley, and seconded by Trustee Hinkson, to approve the following individuals to the positions of Swim Instructor: Jill Crosby at a rate of $13.50 per hour; Kathy Ellnor Dudly at a rate of $ 9.50/hour; Jennifer Niethe at a rate of $9.00/hour; Alexandria Seeloff at a rate of $8.50/hour; and Abigail Crosby as Life Guard at $8.00/hour. Carried. A motion was made by Trustee McAvoy, and seconded by Deputy Mayor Conley, to approve the Middleport Summer Recreation program for the period July 5 through July 30 to be held at the Royalton Hartland Middle School gym. Carried. A motion was made by Trustee Hinkson, and seconded by Deputy Mayor Conley, to approve Heather Pedini as Assistant Recreation Director at $11.50/hour and Brigitte Schweigert as Recreation Leader at $7.25/hour. Carried. A motion was made by Trustee Blumrick, and seconded by Deputy Mayor Conley, to authorize proceeding with the sidewalk construction program to reimburse property owners as stated in Local Law No. 2 for the year 1975 and resolution adopted March 16, 1992, and amended June 21, 2004, June 16, 2008, and June 21, 2010, setting the amount of reimbursement to $3.50 per square foot of sidewalk replaced or fifty percent of the cost, whichever is less. Carried. Correspondence was read: Mayor Westcott received an email that the 13th Annual bike tour will be coming through Middleport on July 10. He passed it onto Coordinator Dodge so he would know what the group is requesting. Approximately 500 bicyclists will come along the Erie Canal and have a rest stop in Middleport between noon and 6 pm that day. Under old business: Attorney Seaman advised that he has the contract ready between the Village and the Middleport Fire Company regarding the municipal parking lot across from the Fire Hall. The terms are very similar to the old contract. Due to the Village’s current finances, the paving may be done in either 2011 or 2012. This is a ten-year contract, renewable each year. Mr. Seaman then listed the remainder of the terms. A motion was made by Trustee McAvoy, and seconded by Deputy Mayor Conley, to authorize Mayor Westcott to execute the contract with the Middleport Fire Company, pending MFC approval. Mayor Westcott may execute the contract prior to the July 2011 board meeting. Carried. Mr. Seaman presented the Board with the Peddler’s Law that he has crafted at their request. Reviewed the terms of the law. Discussion ensued regarding exemptions, noise, and other issues. A local law entitled “Peddling, Hawking and Soliciting,” was introduced by Trustee McAvoy. A motion was made by Deputy Mayor Conley, and seconded by Trustee Blumrick, to hold a public hearing on the local law at 7:00 p.m. at the July 18, 2011, Board of Trustees meeting. Carried. Mr. Dodge updated the Board on the electrical assessment at the Wastewater Treatment Plant. He has had difficulty arranging an assessment, as the person he dealt with in the past is no longer employed with the company. He is still waiting for a call-back on this issue. Mr. Dodge asked that the old mower be declared surplus so that it may be stripped for spare parts and the remainder sold. A motion was made by Deputy Mayor Conley, and seconded by Trustee McAvoy, to declare the 1987 Woods Finishing mower excess equipment. Carried. Mayor Westcott passed on a thank you to the DPW that he received from boaters who were grateful for the additional tie-up added on the canal bank. Under new business: Trustee McAvoy passed onto the DPW compliments he has heard on how good things are starting to look around the village. People realize that all of the spring rain made things difficult, and they are happy to see things being done. Mr. Dodge explained that all of the tree trimming has helped. He feels that we sustained minor damage during the wind storm in April because of the tree trimming. Trustee Blumrick advised that he has been asked about lighting being installed at the horseshoe pits at Rotary Park. Mayor Westcott said that he observed someone digging there today, and the person may have hit a gas line. This is being done without Village authorization and underground digging was not contacted. Mayor Westcott said that he spoke to the individual, who stopped and then started again after the Mayor was leaving. This person was observed using a gaspowered auger to dig postholes. Mr. Dodge was advised to check into the matter. Trustee Blumrick asked who is responsible for maintaining by the spillway. Mr. Dodge advised that the state is. Discussed a limb that is on the guardrail. Mr. Dodge advised that the state trimmed near Margaret Droman park and left a lot of branches in an area that the chipper can’t reach. He hopes the state will be back to remove the branches. Trustee Blumrick asked Chief Swick if the police cars are left running while the officers are running radar. Yes, so that they can take off quickly and also so that the electronic equipment that the vehicle is equipped with isn’t constantly being turned off and on again, which damages it and uses a tremendous amount of battery life. Trustee McAvoy mentioned that with all of the equipment that police cars are now required to have, larger vehicles are necessary for use by police cars. The next regularly scheduled meeting of the Board of Trustees will be held on Monday, July 18, 2011, at 7:00 p.m. A motion was made by Deputy Mayor Conley, and seconded by Trustee Hinkson to move into executive session for the purposes of discussions regarding to matters leading to the appointment, employment, promotion, demotion, discipline, suspension, dismissal or removal of a particular person or corporation. Carried. Executive session was opened at 8:18 p.m. A motion was made by Deputy Mayor Conley, and seconded by Trustee Hinkson, to return to general session. Carried. General Session reconvened at 9:02 p.m. A motion was may de Deputy Mayor Conley, and seconded by Trustee Hinkson, to authorized Mayor Westcott, with the assistance of the Village attorney, to address the following issues on behalf of the entire Board of Trustees: the CAMU, the Health Risk Assessment, and the CMA, as proposed by the Agencies and FMC. Carried. There being no further business, a motion was made by Trustee McAvoy, and seconded by Deputy Mayor Conley, to adjourn. Carried. Meeting adjourned at 9:03 p.m. Respectfully submitted, Rebecca A. Schweigert Clerk-Treasurer
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