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VILLAGE OF BERGEN
ANNUAL REORGANIZATION AND REGULAR MEETING
of the BOARD of TRUSTEES
APRIL 12, 2006
Mayor Wayne Bailey called the meeting to order at 7:01 p.m. with the following
present:
Trustee Robert Bausch
Trustee Anna Marie Barclay
Trustee Paul Cooper
Absent: Trustee Virginia Adams
Also present were Linda Austin, Joe Chimino, Dale Leiter, Elizabeth L.
Smith, George Filowick Sr., George Filowick Jr., Charles E. Dodson and
Tom Williamson.
APPOINTMENT OF OFFICERS
| 1. |
A motion to appoint Linda Austin as Deputy Clerk for
the 2006-2007 year was made by Trustee Paul Cooper and seconded by
Trustee Robert Bausch. The motion carried by unanimous vote. |
| 2. |
A motion to appoint Sharon Lehmann as Deputy Treasurer
for the 2006-2007 year was made by Trustee Paul Cooper and seconded
by Trustee Anna Marie Barclay. The motion carried by unanimous vote. |
| 3. |
A motion that the official newspaper will be the Batavia
Daily News was made by Trustee Robert Bausch and seconded by Trustee
Anna Marie Barclay. The motion carried by unanimous vote. |
| 4. |
A motion that Bank of America and JP Morgan Chase and
their respective successors are designated the official depositories
for the Village monies was made by Trustee Robert Bausch and seconded
by Trustee Paul Cooper. The motion carried by unanimous vote. |
| 5. |
A motion to appoint F. Eileen Almquist as Village Historian
for the 2006-2007 year was made by Trustee Anna Marie Barclay and
seconded by Trustee Paul Cooper. The motion carried by unanimous vote. |
| 6. |
A motion to appoint Tom Williamson as the Code Enforcement
Officer, Zoning Enforcement Officer and Fire Marshall for the 2006-2007
year was made by Trustee Paul Cooper and seconded by Trustee Robert
Bausch. The motion carried by unanimous vote. |
| 7. |
A motion to appoint Trustee Virginia Adams as CAB representative
for the Village of Bergen was made by Trustee Robert Bausch and seconded
by Trustee Anna Marie Barclay. The motion carried by unanimous vote. |
| 8. |
A motion to appointed Trustee Anna Marie Barclay as
Deputy Mayor through April 2007 was made by Trustee Robert Bausch
and seconded by Trustee Paul Cooper. The motion carried by unanimous
vote. |
| 9. |
Trustee Robert Bausch made a motion, seconded by Trustee
Paul Cooper to appoint Leon Katzen, Esq. of Lacy, Katzen,LLP to represent
the Village of Bergen for the year 2006-2007. The motion carried by
unanimous vote. |
| 10. |
A motion to appoint Village election inspectors Jean
Stewart, Ruth Beyer, Tally Almquist, Patricia Miller and Holden Miller
was made by Trustee Anna Marie Barclay and seconded by Trustee Paul
Cooper. The motion carried unanimously. |
| 11. |
Trustee Robert Bausch made a motion, seconded by Trustee
Anna Marie Barclay to appoint MRB as Village engineers. The motion
carried unanimously. |
| 12. |
Trustee Robert Bausch made a motion, seconded by Trustee
Paul Cooper to appoint Freed Maxim Battaglia as Village accountants.
The motion carried unanimously. |
PLANNING AND ZONING BOARD OF APPEALS MEETING
The following motion was made by Trustee Robert Bausch and seconded by
Trustee Anna Marie Barclay. The regular meeting of the Village Planning
Board will be the third Wednesday of each month at 7:30 p.m. in the Village
Office. At the discretion of the Chairperson, the meeting may not be held
due to lack of business before the Planning Board. The regular meeting
of the Zoning Board of Appeals will be held the fourth Thursday of the
month at 7:30 p.m. in the Village Office and will be held only when there
is business before the Zoning Board of Appeals. The motion carried by
unanimous vote.
APPOINTMENT OF REGISTRAR OF VITAL STATISTICS
The following motion was made by Trustee Robert Bausch and seconded by
Trustee Paul Cooper. The Village appoints Town Clerk Myrna List as Registrar
of Vital Statistics. The Village also appoints any deputies the Town Clerk
may have installed in office. The motion carried by unanimous vote.
LEGAL NOTICES
Trustee Paul Cooper made a motion, seconded by Trustee Robert Bausch that:
All legal notices will be posted on inside bulletin boards at the Village
Office and the Community bulletin board outside the Village Post Office.
They will also be published in the official newspaper. The motion carried
by unanimous vote.
SEWER ARREARS RELEVIED
A motion that unpaid sewer arrears as of May 15, 2006 will be relevied
on the June 1, 2006 tax bills was made by Trustee Robert Bausch and seconded
by Trustee Paul Cooper. The motion carried by unanimous vote.
MILEAGE RATE
A motion was made by Trustee Robert Bausch and seconded by Trustee Paul
Cooper that the mileage rate be set at 48.5 cents per mile. The motion
carried by unanimous vote.
BIDDING AND PURCHASING
A motion to utilize County and State bids and accept them in lieu of competitive
bidding was made by Trustee Robert Bausch and seconded by Trustee Paul
Cooper. The motion carried by unanimous vote.
A motion was made by Trustee Paul Cooper and seconded by Trustee Robert
Bausch to continue the procurement policies adopted and implemented by
the Board continue the limit to $750.00 before 3 price quotes must be
obtained. The motion carried by unanimous vote.
AUDIT AND APPROPRIATIONS
A motion to approve the payment in advance of audit payroll expenses,
payments of principal and interest on lawful outstanding debt public utility
service, postage, freight and express charges of the Village of Bergen
was made by Trustee Robert Bausch and seconded by Trustee Anna Marie Barclay.
All such claims shall be presented at the next regular meeting for audit
and the claimant and officer incurring or approving same shall be jointly
and severally liable for any amount disallowed by the Board. The motion
carried by unanimous vote.
COMPENSATION OF REPRESENTATIVES AND OFFICIALS
A motion to approve the following compensation to representatives and
officials was made by Trustee Robert Bausch and seconded by Trustee Paul
Cooper. The Village representatives and officials designated below shall
be compensated as follows:
| 1. |
Representative to Millseat Landfill Citizen Action Board
(CAB) shall receive $25.00 per meeting. |
| 2. |
Planning Board Chairperson shall receive $25.00 per
meeting. |
| 3. |
Planning Board Members shall receive $20.00 per meeting. |
| 4. |
Zoning Board of Appeals Chairperson shall receive $25.00
per meeting. |
| 5. |
Zoning Board of Appeals Members shall receive $20.00
per meeting. |
| 6. |
Election inspectors shall receive $100.00 per day |
All officials are entitled to mileage and disbursement reimbursement
when doing Village work or attending training appropriate to the Village
official's position. The motion passed by unanimous vote.
Holiday Schedule
A motion was made by Trustee Anna Marie Barclay and seconded by Trustee
Robert Bausch that the official holidays for the 2006-2007 calendar year
will be as follows. The motion carried by unanimous vote.
|
2006
|
| January 2, 2006 |
New Year's |
| February 20, 2006 |
President's Day |
| April 14, 2006 |
Good Friday |
| May 29, 2006 |
Memorial Day |
| July 4, 2006 |
Independence Day |
| September 4, 2006 |
Labor Day |
| November 23 & 24, 2006 |
Thanksgiving |
| December 25 & 26 2006 |
Christmas Eve & Christmas |
| December 29, 2006 |
New Year's Eve - ½ day |
|
2007
|
| January 1, 2007 |
New Year's |
| February 19, 2007 |
President's Day |
| April 6, 2007 |
Good Friday |
| May 28, 2007 |
Memorial Day |
| July 4, 2007 |
Independence Day |
| September 3, 2007 |
Labor Day |
| November 22 & 23, 2007 |
Thanksgiving |
| December 24 & 25 2007 |
Christmas Eve & Christmas |
| December 31, 2007 |
New Year's Eve - ½ day |
RULES OF ORDER
A motion was made by the Trustee Robert Bausch and seconded by Trustee
Paul Cooper that the Village will not abide by Robert's Rules of Order,
but will adopt the following Rules Of Order for meetings of the Board
of Trustees. The motion carried by unanimous vote.
RULES OF PROCEDURE
MEETINGS OF THE BOARD OF TRUSTEES
REGULAR MEETINGS
The Board of Trustees shall hold regular meetings on the 2nd and 4th Wednesdays
of each month. Such regular meetings shall commence at 7:00 p.m. and be
conducted in the boardroom at Village Hall.
The Board of Trustees shall determine any deviation of the foregoing
paragraph.
SPECIAL MEETINGS
Special meetings of The Board of Trustees are all those Board meetings
other than regular meetings.
The Mayor or two or more Trustees acting together upon notice to the
entire Board may call a special meeting. Notice shall be given by telephone,
in person, or in writing at least 24 hours in advance unless an emergency
exists.
QUORUM
A quorum shall be required to conduct business. A quorum of the (5) member
board of trustees shall be (3) three. In the absence of a quorum, a lessor
number may adjourn and compel the attendance of the absent members.
EXECUTIVE SESSIONS
Executive sessions shall be held in accordance with the NYS Public Officers
Law 105. All executive sessions shall be commenced in a public meeting.
AGENDAS
The Clerk at the direction of the Mayor shall prepare the agenda. The
Mayor or any Trustee may have an item placed on the agenda. The public
may make a written request stating the specific matter to be addressed,
to the Mayor to have a matter placed on the agenda. The Mayor will advise
the clerk whether to place such matters on the agenda. When possible,
items for the agenda shall be given to the Clerk at least 24 hours before
the meeting; however, items may be placed on the agenda at anytime upon
the discretion of the Mayor.
The agenda shall be prepared by noon on the day of the meeting. If necessary,
a supplement agenda shall be distributed at the beginning of the meeting.
VOTING
Pursuant to Village Law each member of the Board shall have one vote.
The Mayor may vote on any matter but must vote in case of a tie.
A majority of the totally authorized voting power is necessary to pass
a matter unless otherwise specified by State law.
An abstention, silence or absence shall be considered a negative vote
for the purposes of determining the final vote on a matter.
A vote upon any question shall be taken by ayes and noes, the names of
the members present and their votes shall be entered in the minutes or
reflected as unanimous vote.
MINUTES
Minutes shall be taken by the Clerk or any other person designated by
the Mayor.
Minutes shall consist of a record or summary of all motions, proposals,
resolutions and any other matter formally voted upon and the vote thereon.
Minutes shall be taken at executive session of any action that is taken
by formal vote which consist of a record or summary of the final determination
of such action, and the date and vote thereon; provided, however, that
such summary need not include any matter which is not required to be made
public by the NYS Freedom of Information Law.
Minutes shall also include the following:
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Name of the Board |
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Date and time of meeting |
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Notation of presence or absence of Board members and
time of arrival or departure if different from time of call to order
and adjournment |
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Name and title of other village officials and employees
present and well approximate number of attendees |
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Time of adjournment |
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Signature of Clerk or person who took the minutes if
not the Clerk. |
Minutes shall not contain a summary of the discussion leading to action
taken or include verbatim comments unless a majority of the Board shall
resolve the Clerk to do so.
Minutes shall be approved at the next board meeting. Amendments to the
minutes shall require Board approval.
ORDER OF BUSINESS
Call to order
Roll Call
Approval of Budget Adjustments
Approval of Bills
Privilege of the Floor
Report of officers and committees
Old Business
New Business
Adjournment
GENERAL RULES OF PROCEDURE
The Mayor shall preside at meetings. In the Mayor's absence the Deputy
Mayor shall preside.
The Village Board will abide by the Open Meeting Law. Robert's Rules
of Order will not govern the Board of Trustees' meeting.
The presiding officer may debate, move and take other action that may
be taken by other members of the Board.
Board members are not required to rise but must be recognized by the
presiding officer before making motions and speaking.
Motions require a second.
A member, once recognized shall not be interrupted when speaking unless
it is to call him/her to order. If a member, while speaking, were called
to order, they should cease speaking until the question of order is determined,
and, if in order, he shall be permitted to proceed.
There is no limit to the number of times a member may speak on a question.
Motions to close or limit debate may be entertained but shall require
a majority vote.
GUIDELINES FOR PUBLIC COMMENT
The public shall be allowed to speak only during the Privilege of the
Floor period of the meeting or at such other time as a majority of the
Board shall allow.
Speakers may only address items on the agenda unless otherwise determined
by the presiding officer.
The presiding officer must recognize speakers.
Speakers must limit their remarks to five (5) minutes on a given topic,
or as shall be otherwise determined by the presiding officer to keep the
meeting orderly and allow time to attend to all of the matters or the
agenda.
Speakers may not yield any remaining time they may have to another speaker.
Board members may, with the permission of the Mayor, interrupt a speaker
during their remarks, for the purpose of clarification or information.
All remarks shall be addressed to the Board as a body and not to any
individual member thereof.
Speakers shall observe the commonly accepted rules of courtesy, decorum,
dignity and good taste.
Interested parties or their representatives may address the Board by
written communications. The Clerk shall present all such communications
to the Board at the next regularly scheduled meeting.
ADJOURNMENT
Meetings shall be adjourned by motion.
AMENDMENTS TO THE RULES OF PROCEDURE
The foregoing procedures may be amended from time to time by a majority
vote of the Board.
REGULAR MEETING
of the BOARD OF TRUSTEES
APRIL 12, 2006
BUDGET TRANSFERS
A motion to approve the budget transfers was made by Trustee Robert Bausch
and seconded by Trustee Paul Cooper. The motion carried by the following
vote:
Trustee Robert Bausch - aye
Trustee Anna Marie Barclay - aye
Trustee Paul Cooper - aye
| $15,000 |
from 1990.400A Contingency
to 7110.200A Park Equipment |
| $53,000 |
from 1990.400A Contingency
to 1640.200A Central Garage Equipment |
APPROVAL OF BILLS
A motion to approve the bills as presented was made by Trustee Paul Cooper
and seconded by Trustee Robert Bausch. The motion carried by the following
vote:
Trustee Robert Bausch - aye
Trustee Anna Marie Barclay - aye
Trustee Paul Cooper - aye
APPROVAL OF MINUTES
A motion to approve the minutes of the Regular Meeting of March 22, 2006
and Worksession of March 23, 2006 was made by Trustee Anna Marie Barclay
and seconded by Trustee Paul Cooper. The motion carried by the following
vote:
Trustee Robert Bausch - aye
Trustee Anna Marie Barclay - aye
Trustee Paul Cooper - aye
DPW SUPERVISOR'S REPORT
Joe Chimino reported the following:
| - |
Sewer plant need maintenance of filter sand leaking
in. Need special sealant to repair. |
| - |
Men has been flushing lines and inspecting lines. |
| - |
Akron providing mutual aid with their camera. Found
2 breaks - S. Lake Rd. |
| - |
After hour call-ins
" Last week called in 3 times, 2 of the times it was not our
problem. Can we charge for man power if it is not our problem most
of the time we unplug it anyway since we dig it up to check it out,
a possible service fee? The Board will look into this. |
| - |
The Town granted us an easement for the new pole for
Dilcher and Thompson. |
| - |
Gibson St. rebuilt is done. |
| - |
Gibson Place is to be rebuilt, will need to shut down
2 houses
8-12 to do this. |
| - |
Sweeper works good after repairs. |
| - |
Cost on smaller street signs are $28 per sign 6"
wide, if no white boarder $24. Board to decide after total signs needed
are counted. |
| - |
If Village DPW did bulk pick-up manpower would be at least $2,300
labor and equipment only not paying for tonnage.
|
CEO/ZEO'S REPORT
Brett Wilcox gave Tom Williamson site plan map for Ralph Bobzin property
across the street from his dealership. Wants to park cars around house
and keep the house on the property.
Tim Loewke is going from a 2 family home to a 1 family home. Asking permission
to write another permit. Everything else on his other permits are done.
Mayor approved new permit.
Marvin property on S. Lake - we have had several complaints.
American Legion had some natural gas leaks. RG&E found 6 leaks. All
the leaks have been fixed. Tom Williamson will be meeting with the Commander
for fire inspection.
Tom Williamson stated that he is having problems with the new docking
station on the new camera; he can't get pictures to transfer.
A motion to accept the oral reports was made by Trustee Anna Marie Barclay
and Trustee Paul Cooper. The motion carried by the following vote:
Trustee Robert Bausch - aye
Trustee Anna Marie Barclay - aye
Trustee Paul Cooper - aye
TRUSTEE CONCERNS
Trustee Cooper talked to Barry Miller about new signs for the Village
as you enter and leave the Village. There are different costs due to choices
of material for the signs. More information coming.
Trustee Barclay said CAD will be on May 13th. Joe to order flowers and
get flower boxes spray painted for event. Will meet in Zuber Park 8:00
a.m. Girl Scouts will help with planting flowers.
Peggy Denton volunteered to help supervise. Lunch will be served. Notice
in the newsletter for volunteers and any senior citizen needing help with
yard work.
Article about Tully Building and the letter from Mary Lou Rath awarding
Village $5,000 will also be in the newsletter.
PRIVILEGE OF FLOOR
| 1. |
Dale Leiter - for the new Town building all mylar plans
are signed. Town will do its own inspection per the county. Sewer
hookup will be inspected by Tom Williamson and anything else that
comes into our system. |
| 2. |
Mr. George Filowick, Jr. took the floor and asked for
an update on the sewer upgrade for his housing project. He wanted
to know how long it will take before he can get a response regarding
the sewer upgrade. Mr. Filowick asked if MRB is assisting the Village
in gathering the data and doing the work. He also inquired about the
new businesses in the Industrial Park and whether or not the sewer
capacity for his housing project is lowered because of it. Mr. Filowick
inquired why his housing project isn't provided sewer before any new
business since his contract for the development came first? He also
wanted to know what their sewer capacity is. Mr. Filowick requested
that the Mayne property be zoned in order for him to start building
the four houses in hopes that the sewer upgrade will be resolved by
then.
The Village responded that they are gathering data and looking
for areas for leakage causing infiltration. They were unable to
give Mr. Filowick a specific time frame but said it would take approximately
two months before he can have an answer. Mr. Filowick will be provided
more information when the Village makes a decision based on the
information gathered.
In response to Mr. Filowick's question regarding the Industrial
Park, he was informed that the Industrial Park was set-up prior
to Mr. Filowick's project. The Village also stated that the Industrial
Park's sewer capacity is approximately 30,000 gallons which was
in their contract.
The Village's response regarding the zoning of the Mayne Estate
was that it would not zone the land until more data is gathered
and know what our options are.
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NEW BUSINESS
| 1. |
The following resolution was offered for adoption by Trustee Robert
Bausch and seconded by Trustee Paul Cooper:
WHEREAS, the Village Board of the Village of Bergen, New
York, is a municipal member of the Municipal Electric Utilities
Association of New York State, and
WHEREAS, the Semi-Annual Meeting of the Municipal Electric
Utilities Association of New York State has been called on April
26 and April 27, 2006 to be held at the Holiday Inn, 441 Electronics
Parkway, Liverpool, New York, and
WHEREAS, in accordance with the bylaws of the Municipal
Electric Utilities Association of New York State, each municipal
member may cast one vote on each transaction properly brought before
this meeting,
NOW THEREFORE BE IT RESOLVED, that Joseph Chimino be and
is hereby designated as the accredited delegate of the Village of
Bergen, New York.
The resolution carried by the following vote:
Trustee Robert Bausch - aye
Trustee Anna Marie Barclay - aye
Trustee Paul Cooper - aye
|
| 2. |
The following resolution was offered for adoption by Trustee Robert
Bausch and seconded by Trustee Anna Marie Barclay:
WHEREAS, the Federal Disaster Mitigation Act of 2000 (DMA
2000) calls for and 44 CFR Part 201.6 requires that each county,
and local municipality adopt a Multi-Hazard Mitigation Plan reviewed
by the State Emergency Management Office (SEMO) and approved by
the Federal Emergency Management Agency (FEMA) as a prerequisite
to receive pre-disaster mitigation project funding, and
WHEREAS, pre-disaster mitigation projects reduce the loss
of life and property, human suffering, economic disruption, and
disaster assistance costs resulting from natural disasters, Genesee
County has received federal funding to develop a Multi-Hazard Mitigation
Plan for Genesee County and all of its encompassing municipalities
and tribal lands which choose to participate with a County in-kind
match of 20%, and
WHEREAS, the Village of Bergen has been asked to participate
in the Genesee County Multi-Hazard Mitigation Plan a Multi-Hazard
Mitigation Plan for the Village of Bergen by providing input into
the process and possibly designating a contact person who will attend
regular project meetings for limited period, keep Village officials
informed about the project, and otherwise provide voluntary assistance
as feasible, and
WHEREAS, the Village Board feels it is in the best interest
of the Village to become a participating municipality in the Genesee
County Multi-Hazard Mitigation Plan that will include the development
of a Multi-Hazard Mitigation Plan for the Village of Bergen with
local input from the Village that will need to be presented to the
public, reviewed and adopted by the Village to be a n official plan,
NOW THEREFORE BE IT RESOLVED, that the Village of Bergen
will be a participating municipality in the Genesee County Multi-Hazard
Mitigation Plan.
The resolution carried by the following vote:
Trustee Robert Bausch - aye
Trustee Anna Marie Barclay - aye
Trustee Paul Cooper - aye
The Board designated Tom Williamson to represent the Village.
|
| 3. |
The following resolution was offered for adoption by Trustee Robert
Bausch and seconded by Trustee Anna Marie Barclay:
A resolution authorizing the Superintendent of Public Works to
sign an agreement on behalf of the Village of Bergen which authorizes
the Superintendent to directly contract with the Superintendents
or persons holding similar public office in other municipalities
who possess similar authorization for borrowing or lending of materials
and supplies and the exchanging, leasing, renting of machinery and
equipment, including the operators thereof, for the purpose of aiding
the Superintendent in the performance of his/her duties.
Whereas, all municipalities, including the Village of Bergen
have the power and authority to contract for the purpose of renting,
leasing, and exchanging or borrowing of machinery and equipment,
with or without operators, with other municipalities, and
Whereas, all municipalities including the Village of Bergen
have the power and authority to borrow or lend materials and supplies
to other municipalities, and
Whereas, it is hereby determined that the Village of Bergen
and other municipalities have machinery and equipment which is not
used at all times but lie idle during certain periods, and
Whereas, it is determined that the Village of Bergen and
other municipalities often have materials and supplies on hand which
are not immediately needed, and
Whereas, it is hereby determined that by renting, borrowing,
exchanging or leasing of highway machinery and equipment and the
borrowing or lending of materials and supplies, the Village of Bergen
and other municipalities may avoid the necessity of purchasing certain
needed highway machinery and equipment and the purchasing of or
keeping a large inventory of certain extra materials and supplies,
thereby saving the taxpayers money, and
Whereas, it is recognized and determined, from a practical
working arrangement, that no program of borrowing, exchanging, leasing
or renting of highway machinery and equipment or individual arrangement
or agreement has to receive prior approval by the Village Board
and the governing board of each of the municipalities which may
be parties to such agreements, since such agreements must often
be made on short notice and at times when governing boards are not
in session, and
Whereas, it is incumbent upon each municipality to design
a simple method whereby materials and supplies, equipment and machinery,
including the operators thereof, may be quickly obtained with a
minimum of paperwork and inconvenience and with a swift approval
process, and
Whereas, it is the intent of this Village Board to give
the Superintendent the authority to enter into renting, exchanging,
borrowing and lending agreements with the persons serving in similar
capacities in other municipalities without the necessity of obtaining
approval of the Village Board prior to the making of each individual
agreement, and
Whereas, a standard contract has been prepared which is
expected to be adopted and placed into effect in municipalities
which contract will grant the person holding the position comparable
to that of Superintendent authority to make similar agreements,
and
Whereas, it is hereby determined that it will be in the
best interests of the Village of Bergen to be a party to such agreement,
NOW THEREFORE, BE IT RESOLVED that the Superintendent of
Department of Public Works is hereby authorized to sign on behalf
of the Village of Bergen the following contract:
The resolution carried by the following vote:
Trustee Robert Bausch - aye
Trustee Anna Marie Barclay - aye
Trustee Paul Cooper - aye
|
OLD BUSINESS
A motion to approve the Purchasing and Procurement Policy was made by
Trustee Robert Bausch and seconded by Trustee Anna Marie Barclay. The
motion carried by the following vote:
Trustee Robert Bausch - aye
Trustee Anna Marie Barclay - aye
Trustee Paul Cooper - aye
I. AUTHORITY
The Village of Bergen is authorized under the Manual of Purchasing Management
Policies, Organizations and Procedures to make purchases and sales of
all materials, supplies and equipment in direct authority from the Village
Board, subject to the provisions of the General Municipal Law.
The DPW Supervisor, Village Clerk and Deputy Treasurer are
the only personnel with authority to purchase for the Village.
II. PURPOSE
The purpose of this manual is to centralize all purchases of supplies,
materials and equipment necessary to operate the Village of Bergen in
a sound, professional, businesslike manner.
III. PROCUREMENT POLICY FOR THE VILLAGE OF BERGEN
| 1. |
Every purchase to be made must be initially reviewed
to determine whether it is a purchase contract or a public works contract.
Once that determination is made, a good faith effort will be made
to determine whether it is known or can reasonably be expected, that
the aggregate amount to be spent on the item of supply or service
is not subject to competitive bidding, taking into account past purchases
and the aggregate amount to be spent in a year. The following items
are not subject to competitive bidding pursuant to Section 103 of
the General Municipal Law: purchase contract under $10,000 and bidding
contracts under $20,000; emergency purchases; goods purchased from
agencies for the blind or severely handicapped; goods purchased from
correctional institutions; purchases under State and county contracts;
and surplus and second-hand purchases from another governmental entity. |
| 2. |
All goods and services will be secured by use of written
requests for proposals, written quotations, verbal quotations, or
any other method that assures that goods will be purchased at the
lowest price and that favoritism will be avoided, except in the following
circumstances; purchase contracts over $10,000 and public works contracts
over $20,000; goods purchased from agencies for the blind or severely
handicapped pursuant to Section 175-b of the State Finance Law; goods
purchased from correctional institutions pursuant to Section 186 of
the Correction Law; and purchases under State contracts pursuant to
Section 104 of the General Municipal Law; and purchases under county
contracts pursuant to Sections 103(3) of the General Municipal Law. |
| 3. |
The following method of purchase will be required by this policy
in order to achieve the highest savings:
Estimated Amount of
Purchase Contract Method
| Under $750.00 |
No quotes required |
| $751.00 - $1,500.00 |
3 verbal quotes |
| $1,501.00 - $9,999.00 |
3 written quotes required |
| $10,000.00 or more for equipment |
Competitive bidding |
| Under $20,000.00 equipment/labor |
3 written quotes |
| Over $20,000.00 equipment/labor |
Competitive bidding |
A good faith effort shall be made to obtain at least two (2) proposals
or quotations. If the purchaser is unable to obtain proposals or
quotations, the purchaser will document the attempt made at obtaining
the proposals. In no event shall the failure to obtain the proposals
be a bar to the procurement.
|
| 4. |
Documentation is required of each action taken in connection
with each procurement. |
| 5. |
Documentation and an explanation are required whenever
a contract is awarded to other than the lowest responsible offeror.
This documentation will include an explanation of how the award will
achieve savings or how the offeror was not responsible. A determination
that the offeror is not responsible shall be made by the purchaser
and may not be challenged under any circumstances. |
| 6. |
Pursuant to General Municipal Law Section 104-b(2) (f), the procurement
policy may contain circumstances when, or type of procurements for
which, in the sole discretion of the governing body, the solicitation
of alternative proposals or quotations will be in the best interest
of the municipality. In the following circumstances it may not be
in the best interest of the Village of Bergen to solicit quotations
or document the basis for not accepting the lowest bid:
" A. Professional services or services requiring special
or technical skill, training or expertise. The individual or company
must be chosen based on accountability, reliability, responsibility,
skill, education and training, judgment, integrity, and moral worth.
These qualifications are not necessarily found in the individual
or company that offers the lowest price and the nature of these
services are such that they do not readily lend themselves to competitive
procurement procedures.
In determining whether a service fits into this category the Village
Board of Trustees shall take into consideration the following guidelines:
(a) whether the services are subject to State licensing or testing
requirements; (b) whether substantial formal education or training
is a necessary prerequisite to the performance of the services;
and (c) whether the services require a personal relationship between
the individual and municipal officials. Professional or technical
services shall include but not be limited to the following: services
of an attorney; services of a physician; technical services of an
engineer engaged to prepare plans, maps and estimates; securing
insurance coverage and/or services of an insurance broker; service
of a certified public accountant; investment management services;
printing services involving extensive writing, editing or art work;
management of municipally owned property; and computer software
or programming services for customized programs or services involved
in substantial modification and customizing of pre-packaged software.
" B. Emergency purchases pursuant to Section 103 (4)
of the General Municipal Law. Due to the nature of this exception,
these goods or services must be purchased immediately and a delay
in order to seek alternative proposals may threaten the life, health,
safety or welfare of the residents. This section does not preclude
alternative proposals if time permits.
" C. Goods under $751 or services under $1,501. The
time and documentation required to purchase through this policy
may be more costly than the item itself and would therefore not
be in the best interest of the taxpayer. In addition, it is not
likely that such de minimis contracts would be awarded based on
favoritism.
|
IV. PURCHASING PROCEDURES
The following procedures are to be followed when a given supply, material
or piece of equipment is needed:
| 1. |
A written Purchase order, signed by the appropriate departmental
authority is completed.
The Purchase Order shall contain the following information:
a. Complete description of product or service required, including
(if available):
i. (Brand) name of item or service
ii. Catalog or serial number
iii. Color or other distinguishing features
iv. Quantity desired
v. Price (if available)
vi. Division Use (Dept.) Specified on P.O.
|
| 2. |
Lead Time - A lead time of 30-45 days should be allowed
for commodities and services. This allows the Purchasing Agency ample
time to compare prices, solicit bids and quotes and to receive products
from vendors.
Equipment such as motor vehicles, specialized items, etc. may take
120-180 days for delivery. |
V. PROCESSING OF PURCHASE ORDER
| 1. |
Purchase Order is out |
| 2. |
Order sent to vendor |
| 3. |
Copy goes to receiving, i.e. authorizing department |
VI. RECEIVING OF GOODS AND PAYMENT
After merchandise or service is received the following takes place:
| 1. |
Receiving department acknowledges that the goods were
received in good condition. |
| 2. |
Purchasing Agent submits invoice and vouchers to the
Village Board for audit. |
| 3. |
Village Board submits to treasurer for payment.
The Vendor should receive payment within a maximum of two (2) weeks
from the time the Village Board approves authorization for payment. |
VII. RECEIVING OF EQUIPMENT FOR INVENTORY
Any piece of equipment with a value of $500.00 or more must be tagged
and put into inventory.
A verification of receipt must be submitted to Superintendent/Clerk upon
receiving these equipment items.
VIII. EMERGENCY PURCHASES
The definition of any emergency, as it pertains to the Village of Bergen,
is "Where the situation is such that it impairs or jeopardizes the
health, welfare or economy of the residents of the Village of Bergen."
Any "emergency" should be cleared by the proper supervisory
personnel.
If a real emergency does exist then the following steps shall be taken:
| 1. |
Notify the Purchasing Agency immediately. |
| 2. |
An authorized P.O. number will be given to the vendor. |
| 3. |
Within five (5) days all invoices, paperwork, etc. shall
be submitted to the Purchasing Agent, including the article purchased
was an emergency and documentation as to the emergency.
Where it appears that the Purchasing Agent cannot be notified (holidays,
weekends, etc.) the purchase may be made but notification within the
five (5) day period shall still be adhered to.
Obviously, a Village emergency can only be declared by the Village
Board. |
IX. BLANKET PURCHASE ORDER
| 1. |
Blanket Purchase Orders will be issued for those day
to day requirements for small repair or replacement items. |
| 2. |
Those items normally used in day to day operations include,
but are not limited to hardware, plumbing supplies, electrical supplies
and automotive parts. |
| 3. |
Blanket purchase orders are to state the length of time
for which they are in effect (i.e. monthly, yearly) and a not to exceed
dollar amount. |
| 4. |
All vendor invoices for purchases made on blank purchase
orders shall clearly indicate the purchase order number.
Equipment is not to be purchased on a blanket purchase order. |
X. BIDDING REQUIREMENTS
The Village of Bergen is required, under the General Municipal Law, Section
103, to bid those items of like or similar nature, where it is reasonably
anticipated that the aggregate (total) amount of such items will exceed
the amount set by NY State Audit and Control.
The Village is also required to bid Public Works Contracts, that is, those
contracts that include material and labor. The ceiling amount to be determined
by NY State Audit and Control.
XI. PROCEDURES FOR BIDDING
| 1. |
Detailed specifications for the commodity or equipment
should accompany the bid request. |
| 2. |
The Village Clerk will arrange for the legal notice
to be printed in the official newspaper of the Village and will also
establish a date for the opening and reading of bids. |
| 3. |
Awarding of the bid will take place after consultation
and researching the bids to make sure that bidders have complied with
the specifications, and that the General Municipal Law has been adhered
to. |
| 4. |
The Village Board has the right to accept or reject
any or all bids. |
XII. ANNUAL REVIEW
The Village Clerk and Superintendent shall be responsible for conducting
an annual review of the procurement policy and for an evaluation of the
internal control structure established to ensure compliance with the procurement
policy. They shall make recommendations annually to the Board of Trustees
who will be responsible for adopting any revisions to the policy.
ADJOURNMENT
A motion to adjourn the meeting was made by Trustee Robert Bausch and
seconded by Trustee Paul Cooper. The motion carried by the following vote:
Trustee Robert Bausch - aye
Trustee Anna Marie Barclay - aye
Trustee Paul Cooper - aye
The meeting was adjourned at 8:00 p.m.
Respectfully submitted,
Linda Austin
Deputy Clerk
|
A/P
|
T&A
|
| GENERAL |
$12,168.78 |
GENERAL |
$ 3,423.69 |
| REFUSE |
$ 3,123.60 |
REFUSE |
$ 186.08 |
| ELECTRIC |
$13,384.10 |
ELECTRIC |
$ 6,047.86 |
| SEWER |
$67,840.94 |
SEWER |
$ 4,212.58 |
|