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Meetings
1/25/2010 7:00:00 PM
Meeting Information
Mayor Olson called the meeting to order at 6:30pm in the Board Room of the Fayetteville Village Hall.
Mayor Olson led those present in a recitation of the Pledge of Allegiance.
MINUTES JANUARY 11, 2010
Trustee Small made a motion to accept the minutes of the January 11, 2010 meeting. Trustee Randall seconded the motion and it was carried by unanimous vote.
SIGNAL HILL LIGHTING:
Clerk Corsette informed the Board that the bid notice was put in the newspaper and bids for the street lights are to be submitted by 2/16/10 at 9:30pm.
Attorney Spencer has not heard back from the Signal Hill Home Owners’ Association attorney, Harry Williams.
Trustee Kinsella asked Trustee Randall if he included poles for the entrance to Signal Hill.
Trustee Randall stated that he is planning on lights at the entrance of Signal Hill, but they were not included in this bid notification. This bid was for materials only.
NYCOM WINTER LEGISLATIVE MEETING 2/21 – 2/22
Mayor Olson requested permission to attend the NYCOM Winter Legislative Meeting in Albany February 21-22.
Trustee Kinsella made motion to allow Mayor Olson to attend the NYCOM Winter Legislative meeting February 21-22, to be held in Albany. Trustee Small seconded the motion and it was carried by unanimous vote.
ABSTRACT #13
Trustee Small made a motion to approve Abstract #13 for $163,488.09. Trustee Randall seconded the motion and it was carried by unanimous vote.
CODE ENFORCEMENT CONTRACT
Trustee Small made a motion to authorize Mayor Olson to enter into an Intermunicipal Agreement with the Village of Minoa for Code Enforcement, for a cost of $43,533.00. Trustee Randall seconded the motion and it was carried by unanimous vote.
SALT BRINE AGREEMENT – CITY OF SYRACUSE
Trustee Kinsella made a motion to authorize Superintendent Craw to enter into an Intermunicipal Agreement with the City of Syracuse as follows:
This agreement made this 25th day of January, 2010, by and between the City of Syracuse (hereinafter referred to as “FIRST PARTY”), and the Village of Fayetteville sets forth areas of cooperation, compensation, and exchange of resources and materials as follows:
1. The Parties will exchange services and resources (labor, materials, services, and equipment use) in a manner beneficial to both. The primary area of cooperation will be related to winter snow and ice operations. This involves salt, salt brine, granular salt material and additives used in the production of salt brine. Other services and exchanges ancillary to snow and ice operations may be exchanged to offset any deficits incurred.
2. The total value of services and resources exchanged shall be equal to the extent practical. Monetary payments will be made by FIRST PARTY pursuant to paragraph 5 where the Village of Fayetteville provides additives necessary for FIRST PARTY’s salt brine. Outstanding balances may be carried over to the following year if mutually beneficial and agreed upon to both parties.
3. The FIRST PARTY will supply to the VILLAGE OF FAYETTEVILLE granular salt materials, delivered to the Village of Fayetteville’s salt brine production/manufacturing facility at FIRST PARTY’S cost and expenses.
4. Delivery will take place at a mutually acceptable time. The FIRST PARTY will also be solely responsible for picking up finished/treated salt brine from the VILLAGE OF FAYETTEVILLE at its production/manufacturing facility.
5. In exchange for use of finished/treated salt brine, the FIRST PARTY will convey to the VILLAGE OF FAYETTEVILLE the granular salt needed to manufacture finished salt brine for use. In addition, the FIRST PARTY shall reimburse the VILLAGE OF FAYETTEVILLE for the additives used by the VILLAGE OF FAYETTEVILLE in the manufacturing/production of salt brine for the FIRST PARTY. Reimbursement will be calculated at the current market cost of the additives as of the time the salt brine shall be ready for pick up.
6. A mutually agreed upon tracking system shall be instituted to adequately document services shared and account status. All correspondent exchanges shall be directed through the following:
7. This agreement shall cover a one year period as defined on the top of page 1. Either party may cancel this agreement with a 90 day notice and reasonable time for all parties to fulfill resource exchange obligations.
Trustee Randall seconded the motion and it was carried by unanimous vote.
FIRE DEPARTMENT APPLICATIONS
Trustee Small made a motion to accept the application for membership from Elliott Herman, pending all background checks. Trustee Kinsella seconded motion and it was carried by unanimous vote.
Trustee Small made a motion to accept the application for membership from Richard Penhall, pending all background checks and a physical. Mayor Olson seconded motion and it was carried by unanimous vote.
SENIOR CENTER RAMP PLANS & SPECIFICATIONS
Trustee Small made a motion to hire J&J Landscaping to provide designs and specifications for a handicap ramp for the Fayetteville Senior Center, not to exceed $900.00. Trustee Kinsella seconded the motion and it was carried by unanimous vote.
Trustee Randall – abstained.
MEMORANDUM OF AGEEMENT TMPFF LOCAL #3316
Trustee Randall made a motion to authorize Mayor Olson to sign a memorandum
of agreement with the TMPFF Local #3316 as follows:
THIS MEMORANDUM OF AGREEMENT (“Agreement”), is made and entered into this ___ day of January 2010, by and between the VILLAGE OF FAYETTEVILLE, NEW YORK (“Village”) and the MANLIUS PROFESSIONAL FIREFIGHTERS ASSOCIATION, LOCAL 3316 (“MPFA”).
WHEREAS, the MPFA is the collective bargaining representative for a unit of Firefighter/EMTs employed within the Village’s Fire Department; and
WHEREAS, the Village and the MPFA have reached an agreement with respect to a change in health insurance plans covering the bargaining unit members;
NOW, THEREFORE, in consideration of the mutual promises and covenants set forth herein, and upon other good and valuable consideration, receipt and adequacy of which are hereby acknowledged, the parties agree as follows:
1. As used in this Agreement, the term “Village” shall mean the Village of Fayetteville, New York, its officers, employees, agents, successors and assigns (in their individual and representative capacities). The term “MPFA” shall mean the Manlius Professional Firefighters Association, Local 3316, its officers, members, employees and agents (in their individual and representative capacities).
2. The Village and the MPFA agree that Sections 24.1 and 24.2 of their March 1, 2007 – February 28, 2011 collective bargaining agreement are hereby amended to read as follows effective January 1, 2010:
Health Insurance
Section 24.1 Effective January 1, 2010, the POMCO Plan “C” and POMCO Plan “D” shall be replaced by the Healthy Blue High Deductible Health Plan for bargaining unit members and their eligible dependents. In conjunction with the implementation of the Healthy Blue High Deductible Health Plan, the Village will install a Health Savings Account Plan (“HSA”) pursuant to the applicable rules of the Internal Revenue Code as they exist or may be amended from time to time. The Village will contribute the following amounts into each participating employee’s HSA account on or about January 1 of each calendar plan year:
Single Coverage - $2,600
Family Coverage - $5,200
The Village shall continue to make available to bargaining unit members and their eligible dependents group health and hospitalization benefits substantially comparable to, or better than, those of the Healthy Blue High Deductible Health Plan as it existed effective January 1, 2010 or as it may be amended from time to time.
Section 24.2 Premium Cost Sharing
For those employees enrolled in the Healthy Blue High Deductible Health Plan, the Village shall assume eighty percent (80%) of the gross premium cost of the health benefits for single or family coverage. The employee shall bear the remaining premium cost of said health benefits.
3. Upon the execution of this Agreement and prospectively only, in the event that any bargaining unit employee, with health insurance coverage through the Village, begins to receive benefits from the Village under Section 207-a of the General Municipal Law and is absent from work on a Section 207-a leave, the Village agrees that it will continue to pay the usual percentage of the monthly health insurance premiums, and will also continue to make contributions toward the employee’s HSA, as it would if the employee was still actively at work. The employee shall be responsible for the remaining percentage of the monthly premiums.
The Village and the MPFA also agree that that certain Stipulation of Settlement and Limited Release executed by the parties on June 15, 2009 in connection with PERB Case No. U-28306 shall hereby be deemed amended but only to the extent necessary to reflect the above changes to the Village’s health plan and implementation of the HSAs.
4. The parties acknowledge that they would not otherwise be entitled to the full
consideration described in this Agreement, and that they are accepting such consideration in return for their agreement to be bound by the terms of this Agreement.
5. The parties acknowledge that during their joint discussions which resulted in this Agreement, that they were fully and fairly represented; that they had the unlimited right and opportunity to propose the terms of this Agreement; that they had the opportunity to ask and have answered any questions that they may have; that they were given a reasonable time to consider the terms of this Agreement; that they knowingly, voluntarily and of their own free will entered into this Agreement, having read and fully understanding its terms, meaning, and effect; and that all understandings and agreements arrived at between the parties are set forth in this Agreement.
6. Except where preempted by federal law, this Agreement shall in all respects be interpreted, enforced and governed by the statutes and common law of the State of New York. The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties.
7. This Agreement constitutes the entire agreement and understanding between the parties on the limited matters addressed herein and supersedes all prior agreements or understandings whether oral or written. The parties acknowledge that no representation,
promise, inducement, or statement of intention has been made by any party to this Agreement that is not embodied in this Agreement, and agree that no party shall be bound by, or liable for, any alleged representation, promise, inducement, or statement of intention not set forth in this Agreement.
8. This Agreement shall not be modified except by a writing signed by all parties.
9. Any action or proceeding to enforce the terms of this Agreement shall be brought solely pursuant to the grievance and arbitration proceeding of the parties’ then current collective bargaining agreement.
10. This Agreement shall not serve as a precedent in any future agreement, proceeding, arbitration, action, or any other proceeding whatsoever.
11. This Agreement shall be binding upon and inure to the benefit of each of the parties hereto, and each of their respective legal representatives, estates, successors, assigns, heirs, administrators, personal representatives, and executors.
12. This Agreement shall be subject to the review, and approval, of the Village’s Board of Trustees.
IN WITNESS WHEREOF, the parties, through their duly authorized representatives, have caused this Memorandum of Agreement to be executed on the date shown by each of their signatures below.
Trustee Small seconded the motion and it was carried by unanimous vote.
HUEBER BRUER FIRE DEPARTMENT RENOVATION
Sean Foran, Construction Manager, reviewed the following:
- DOT Update: Chief Hildreth and Sean Foran met with the NYS DOT. The DOT will be able to synchronize the lights on Route 257 and Route 5; they will also be able to install a beacon light.
- Critical Path – Sean Foran outlined the project schedule and the contract dates.
Trustee Randall is concerned with the potential liability that the Village might have if we advertise for bids and are unable to award them. Trustee Randall does not want the Village to be responsible for any overhead or profit liability.
-Temporary Facility Update- We are still waiting for a lease agreement. Attorney Spencer will contact Mr. Santaro for a status update. Sean told the board that he is putting together a list of things that have to be done before the facility is ready to be moved into. These mandatory repairs will need to be done by 3-15-10; the remaining work can be done after we are moved in.
- Project Budget Review – Trustee Randall asked why the 90% completion date changed from 1/18/10 to 2/22/10. Sean explained that it was mainly because of the LEED Certification requirements.
FASNY CONFERENCE
Chief Hildreth requested permission to send 3 volunteers to the FASNY Conference March 5 through March 7, 2010 at a cost of $520.00.
Trustee Kinsella made a motion to allow Chief Hildreth to send 3 volunteers to the FASNY Conference March 5 – 7, 2010, at a cost not to exceed $520.00. Trustee Randall seconded the motion and it was carried by unanimous vote.
MUNICIPAL PARKING LOT 201-203 GENESEE STREET
Mayor Olson asked the board to review the parking plans submitted by Callahan and Flanagan. Mayor Olson would like to go on record that the Village has no issues with the proposal for the curb cuts and the handicap parking spaces, and that the Village Board is in agreement that they be allowed to continue with their Site Plan Review.
RENTAL LAW
Trustee Randall will have comments to review at the next Village Board Meeting.
VILLAGE VOTER REGISTRATION DAY
Trustee Kinsella made a motion to hold a Village Voter Registration Day on Saturday March 6, 2010 from 12 noon to 5 pm. Trustee Coleman seconded the motion and it was carried by unanimous vote.
VILLAGE ELECTION INSPECTORS
Trustee Coleman made a motion to authorize the Village Clerk to hire 4 Village Election Inspectors to conduct the Village Election to be held March 16, 2010 between the hours of 6:00am to 9:00pm, at a rate of $9/hour. Mayor Olson seconded the motion and it was carried by unanimous vote.
DOT PROPERTY
Mayor Olson stated that he DPW has done some work at the DOT property. Mayor Olson talked to Stearns and Wheler Engineering and they would like him to look at the Fietta Property and the possibility of the Village acquiring the property. Mayor Olson asked for authorization from the Board to negotiate with Paul Fietta for the property that he owns that borders the DOT Property.
Trustee Small made a motion to authorize Mayor Olson to negotiate with Paul Fietta for the property he owns that borders the DOT Property. Trustee Coleman seconded the motion and it was carried by unanimous vote.
CODE ENFORCEMENT:
Richard Greene would like to draft a letter to the owner of the property in Brookside that is currently using the property as a multi-family and it is zoned for single family. Mr. Greene suggests that we allow the tenant to remain there until the Summer, 2010, and then the property will revert back to a single family use.
Richard Greene spoke with Superintendent Craw about the parking area in front of the Ultimate YU (formerly Dimon Construction).
It was agreed upon by the entire board that the property should revert back to grass and that no parking should be allowed, for safety reasons.
ROUND TABLE
The Annual Easter Egg Hunt will be held April 3, 2010 at 9:00 am. Mayor Olson asked that the Village place an ad in the paper, put the sign on the sign board, and also send notices to the elementary schools.
Trustee Kinsella reported that Beard Pond is clear and people have been skating.
Trustee Coleman updated the board on the Fire District Consolidation Study. We are still waiting on the Village of Minoa to approve the funding for their share.
Mayor Olson reminded the board that the Mayor’s Dinner is scheduled for March 7, 2010 and the Mayor’s Association Meeting will be held at February 17, 2010.
Mayor Olson met with Mr. McDougal, Nice & Easy, and they plan to build a new store behind the old store and then tear the old one down. They will no longer have a car wash.
CINTAS UNIFORM AGREEMENT
Trustee Kinsella made a motion to authorize Mayor Olson to sign a rental agreement with Cinta’s, for uniforms for the DPW. Trustee Randall seconded the motion and it was carried by unanimous vote.
Trustee Coleman made a motion to adjourn the meeting. Trustee Small seconded the motion. Aye by all members. Meeting adjourned at 7:40pm
Respectfully Submitted
Lorie C. Corsette
Village Clerk-Treasurer
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