Village of Bergen,
New York
11 Buffalo Street
P.O. Box 100
Bergen, NY 14416
Ph: (585)494-1513 ---- Fax: (585)494-1730
Proudly located in Northeastern
Genesee County

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:

-
Name of the Board
-
Date and time of meeting
-
Notation of presence or absence of Board members and time of arrival or departure if different from time of call to order and adjournment
-
Name and title of other village officials and employees present and well approximate number of attendees
-
Time of adjournment
-
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.


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