Mayor called for a motion to approve and authorize her to sign the amended MOU( Between the village of Brockport and the Brockport fire district) as it stands.
None. (There was no second.)
→ Trustee Andrews moved, Trustee Blackman seconded that this Board does hereby authorize the Mayor to instruct the Department of Public Works to perform snow removal operations on the properties of the Brockport Fire District in the Village, as needed, in the same manner as in the past, provided that the BFD agrees to reimburse the Village for the labor and equipment costs incurred in the performance of that service, based on estimates determined in such manner as the Director of Public Works and the Fire District Commission decide, subject to confirmation by this Board.
Discussion:
Trustee Blackman said she likes the idea of treating snow plowing separately from vehicle or facility use. However, as to cost, DPW Spt. Donahue and BFD Commissioner Chair Sauberan had determined $1,000 for the season would be appropriate. Calculating labor hours, equipment hours, wear and tear on equipment, etc. is impractical. The simpler the better.
Trustee Andrews said that figure is convenient, but not really accurate as it isn’t based on true costs.
However, if the Board wishes to go with that flat amount, he has no objection.
Mayor Castañeda said the MOU was drawn up by the BFD Attorney and Village Attorney. Is that now being thrown out?
Trustee Blackman said Chief Varrenti recommended the removal of the portion of the MOU related to Police Department use of a vehicle and the facility.
Trustee Hannan said there was language in there that should be common sense and is simply
unnecessary. Chief Varrenti relayed to the Board that he does not care for the portion of the MOU
related to vehicle and facility use.
Mayor Castañeda said any concern of insurance costs have been put to rest as Village Attorney Leni
and Clerk Morelli confirmed with the Broker of Record that the Village meets the requirements. Why
would the Police Department rent a vehicle at a cost when they could borrow it from the BFD at no
cost?
Trustee Andrews said the BFD has a vehicle use policy and it can be amended If necessary. He said
the BFD is in the process of drafting a facilities use policy. The point is neither vehicle use nor facilities use belongs in an agreement regarding snow removal.
Mayor Castañeda said the BFD could adopt such policies and choose not to allow Village use.
Trustee Andrews said that is their prerogative.
Mayor Castañeda said the proposed MOU was for the Village and the BFD to benefit from each other. What if the PD needed to borrow the BFD van?
Trustee Andrews said 33 stipulations in a legal document are unnecessary and ridiculous.
Trustee Hannan cited examples in the proposed MOU about the PD not being permitted to operate a
BFD vehicle while under the influence or alcohol or drugs or to use the premises for illegal or unlawful purposes. That is insulting to even suggest.
Trustee Blackman said when documents are drawn up in legal form they have to cover all the bases.
She cited an example in the proposed MOU that spells out responsibility if pavement is torn up from
snow plowing. Trustee Blackman said a 9 page document might seem silly, but everyone needs to keep in mind that we are now dealing with 2 different government entities, each with an attorney, that have to put some things in legalese and be sure the entities are covered. She said Village Attorney Leni could speak to this at the next meeting. Trustee Blackman mentioned that DPW will need to know if they or the Treasurer would be responsible for billing BFD for snowplowing.
Mayor Castañeda said she believes DPW should do so – one bill for the season. Mayor Castañeda reminded that Trustee Blair had shared that the Police Explorers do use 38 Market Street for training and shared events with Fire Explorers.
Call to Question:
Trustee Andrews voted yes
Trustee Blackman voted no
Trustee Hannan voted no
Mayor Castañeda voted no
Motion fails 3 to 1.
Mayor Castañeda asked Clerk Morelli to advise Village Attorney Leni that the Board did not approve the revised MOU. That they want anything related to vehicle or facility use removed – just snow plowing for the 1/22 meeting. Vehicle or facility use, if determined necessary, should be addressed either in a separate document or fall under the policies for such that BFD has/is working on. That there is resistance from some as to some of the language in the document (if it’s overkill, etc.). That it was suggested that he share at the 1/22 meeting why such is necessary. (that we’re now dealing with 2 separate government entities and both have to cover their bases, etc.)
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