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HomeMy WebLinkAbout2020-01-02TB 1-2-20 Page 1 of 17 TOWN OF DRYDEN TOWN BOARD MEETING January 2, 2020 Present: Supervisor Jason Leifer, Cl Daniel Lamb, Cl Loren Sparling, Cl Kathrin Servoss, Cl James Skaley Elected Officials: Bambi L. Avery, Town Clerk Other Town Staff: Ray Burger, Director of Planning Supv Leifer called the meeting to order at 1:45 p.m. Last month the board discussed the increased cost of the grit removal project at the Ithaca Area Wastewater Treatment Plant and the need to adopt an order calling a public hearing on the matter. RESOLUTION No. 1 (2020): Order Setting Public Hearing Regarding an Increase in the Maximum Amount to be Expended for the Town of Dryden’s Contribution to the IAWWTF Grit Removal Improvements From $142,362 to $219,932. Moved: Supv Leifer Seconded: Cl Lamb WHEREAS, on January 10, 2019, the Dryden Town Board held a public hearing and subsequently adopted a Public Interest Order authorizing the IAWWTF Grit Removal Improvements (“the Improvements”) through Resolution 26 of 2019 covering the entire area of the Town of Dryden sewer districts served by the jointly ow ned and managed Ithaca Area Waste Water Treatment Facility (IAWWTF) in the City of Ithaca (hereafter “Sewer Improvement Area”); and WHEREAS, the notice of public hearing and subsequently adopted Public Interest Order initially determined that the total project cost was $7,190,000 with the total estimated total cost to the Sewer Improvement Area (for the Town of Dryden) being $142,362, and the adopted Public Interest Order stated that the maximum amount proposed to be expended by the Town of Dryden was $142,362, and WHEREAS, subsequent to adoption of said Public Interest Order, the Town of Dryden Town Board adopted a Sewer District Consolidation Plan pursuant to Town Board Resolution 140 of 2019 which consolidation took effect on January 1, 2020; and WHEREAS, by Resolution dated December 18, 2019, a copy of which shall be attached to the minutes of the Dryden Town Board adopting this Public Interest Order, the Sewer Joint Commission (“SJC”) of which the Town of Dryden is a member, resolved that the tota l Grit Removal Improvement Project costs had been under-estimated and the total project costs have increased from an estimated total of $7,190,000 to $11,107,675, with the Town of Dryden’s total cost increasing from $142,362 to $219,932, resulting in an in crease in cost to the Town of Dryden of $77,570; and WHEREAS, as outlined in a resolution of the SJC dated December 18, 2019 bids were received for the IAWWTF Grit Removal and Miscellaneous Improvements Project on November 26, 2019, and Staff, in association with the Plant’s consulting engineers, GHD, have completed the Post-Bid Project Cost Analysis, and have concluded that GHD's "opinion of probable project TB 1-2-20 Page 2 of 17 costs" (Engineers Estimate) was low, and the bids received were responsive and reflective of today's reality, and WHEREAS, based on the determination that the previously estimated cost of the project was low, the SJC is requesting members Town of Dryden, Town of Ithaca and City of Ithaca to approve an increase in their respective contributions to the total estimated cost of improvements; and WHEREAS, in light of the increase in estimated costs of the improvements, the Engineers, GHD have prepared a new estimate of cost in a memo that amends the map, plan and report for the Improvement by increasing the maximum estimated cost to the Sewer Improvement Area from $142,362 to $219,932, and WHEREAS, no other changes are proposed to any aspect of the Sewer Improvement Area; and WHEREAS, the Dryden Town Board now wishes to call a public hearing for the purp ose of considering the maximum amount to be expended by the Town of Dryden from $142,362 to $219,932 and to hear all persons interested in the subject thereof, all in accordance with the provisions of Section 209-q of the Town Law; NOW THEREFORE, IT IS HEREBY ORDERED by the Town Board of the Town of Dryden, Tompkins County, New York as follows: Section 1. A public hearing shall be held by the Town Board of the Town of Dryden, Tompkins County, New York, at the Town Hall located at 93 East Main Street, Dryden, New York on the 16th day of January, 2020, at 6:30 PM Prevailing Time, to consider the aforesaid increase in the maximum amount to be expended by the Town of Dryden, on the Improvements, and to hear all persons interested in the subject thereof concerning the same to take such action thereon as is required by law. Section 2. The Town Clerk is hereby authorized and directed to publish a Notice of Public Hearing regarding the aforesaid increase in the maximum amount to be expended, with such Notice to be published once in the official newspaper, and also to post a copy thereof on the town signboard maintained by the Town Clerk, not less than ten (10) nor more than twenty (20) days before the day designated for the hearing as aforesaid, all in accordance with the provisions of Section 209-q of the Town Law. Section 3. This Order shall take effect immediately. The question of the adoption of the foregoing Order was duly put to vote on a roll call, which resulted as follows: Cl Sparling Yes Cl Skaley Yes Cl Servoss Yes Cl Lamb Yes Supv Leifer Yes RESOLUTION #2 (2020) – RULES OF PROCEDURE Supv Leifer offered the following resolution and asked for its adoption: RESOLVED, that this Town Board use Town Law Section 63. That section reads as follows: “The supervisor, when present, shall preside at the meetings of the town board. In the absence of the supervisor, the other members shall designate one of their members to act as temporary TB 1-2-20 Page 3 of 17 chairman. A majority of the board shall constitute a quorum for the transaction of business, but a lesser number may adjourn. The vote upon every question shall be taken by ayes and noes, and the names of the members present and their votes shall be entered in the minutes. Every act, motion or resolution shall require for its adoption the affirmative vote of a majority of all the members of the town board. The board may determine the rules of its procedure, and the supervisor may, from time to time, appoint one or more committees, consisting of members of the board, to aid and assist the board in the performance of its duties.” 2nd Cl Lamb Roll Call Vote Cl Sparling Yes Cl Skaley Yes Cl Servoss Yes Cl Lamb Yes Supv Leifer Yes RESOLUTION #3 (2020) – OFFICIAL ADVERTISING Supv Leifer offered the following resolution and asked for its adoption: RESOLVED, that this Town Board designate The Ithaca Journal as the official newspaper of the Town of Dryden for the year 2020. 2nd Cl Sparling Roll Call Vote Cl Sparling Yes Cl Skaley Yes Cl Servoss Yes Cl Lamb Yes Supv Leifer Yes RESOLUTION #4 (2020) – DESIGNATE OFFICIAL DEPOSITORY Supv Leifer offered the following resolution and asked for its adoption: RESOLVED, that the Town Board designate The First National Bank of Dryden as the official depository for the Town of Dryden for the year 2020. 2nd Cl Servoss Roll Call Vote Cl Sparling Yes Cl Skaley Yes Cl Servoss Yes Cl Lamb Yes Supv Leifer Yes RESOLUTION #5 (2020) – APPOINTMENTS Supv Leifer offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby makes the following appointments: ▪ Bambi L. Avery as Receiver of Taxes and Assessments. ▪ Bambi L. Avery as licensor for Games of Chance and Bingo. ▪ Town Supervisor has the power and duties of administration and supervision of the Town of Dryden Special Improvement District functions for all Special Improvement Districts (Water, Sewer, Lighting) to be performed on behalf of the Town Board TB 1-2-20 Page 4 of 17 ▪ Town Supervisor has the power and duties of administration and supervision of the Town of Dryden on Special Assessment Fund functions to be per formed on behalf of the Town Board. 2nd Cl Lamb Roll Call Vote Cl Sparling Yes Cl Skaley Yes Cl Servoss Yes Cl Lamb Yes Supv Leifer Yes RESOLUTION #6 (2020) – AUTHORIZATIONS Supv Leifer offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby authorizes the following individuals to sign on Town of Dryden accounts: Jason Leifer, Bambi L. Avery, Lee Ann Parker and Chrystle Terwilliger, and further RESOLVED, that this Town Board authorizes the Supervisor to pay in advance of the audited claims the utility bills any sewer/water district payments, and postage cost for purpose of mailing tax bills, all claims to be presented at the next regular boar d meeting, and further RESOLVED, that this Town Board authorize a petty cash fund for the Town Clerk not to exceed $200.00, and Receiver of Taxes and Assessments not to exceed $200.00, as needed for postage, and Justice's petty cash fund not to exceed $100.00, and for the Recreation Department not to exceed $200.00 for the year 2020, and further RESOLVED, that mileage will be paid to Town officials and employees when using their own car for official town business (other than town meetings or tr avel to and from the job site) at the rate set by the Internal Revenue Service and Treasury Department for the 2020 calendar year, and further RESOLVED, that the annual salaries for Town Officers as stated in the 2020 General Town Budget be as follows: Supervisor $27,810.00 Councilperson (4) $30,900 ($7,725.00 each) Town Clerk $36,050.00 Highway Superintendent $75,280.00 Town Justice $44,400.00 ($22,200 each) Deputy Supervisor $1,545.00 And the Supervisor is authorized to pay the above salaries, and further RESOLVED, that the Town Board does hereby adopt the 2020 wages that were discussed and agreed upon during the budget process, and further RESOLVED, that the Justices be authorized to attend training schools during the year and will be reimbursed for actual expenses, and further RESOLVED, that because the Highway Superintendent, Deputy Highway Superintendent, and Assistant Superintendent of Public Works are on call 24 hours a day, seven days a week, the Dryden Town Board authorizes the use of town vehicles clearly marked TB 1-2-20 Page 5 of 17 with the Town of Dryden logo for travel to and from work, provided they are not used for personal use, and further RESOLVED, that this Town Board authorize the Town Supervisor to write to the New York State Office of the State Comptroller and request a 60-day extension for the filing of the 2019 annual update document, if necessary. 2nd Cl Lamb Roll Call Vote Cl Sparling Yes Cl Skaley Yes Cl Servoss Yes Cl Lamb Yes Supv Leifer Yes RESOLUTION #7 (2020) – APPOINTMENTS AND AUTHORIZATIONS Supv Leifer offered the following resolution and asked for its adoption: RESOLVED, that this Town Board appoint the following: ▪ TG Miller Engineers & Surveyors as Town Engineer ▪ True Walsh as Town Attorneys ▪ Jennifer Case as Bookkeeper ▪ Jason Leifer as Budget Officer ▪ Bambi L. Avery as Marriage Officer for a term to expire December 31, 2020. 2nd Cl Skaley Roll Call Vote Cl Sparling Yes Cl Skaley Yes Cl Servoss Yes Cl Lamb Yes Supv Leifer Yes RESOLUTION #8 (2020) – PLANNING BOARD APPOINTMENTS Cl Servoss offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby appoints Daniel Bussmann to the Planning Board for a term to expire December 31, 2026, Simon St Laurent and Alice Green to serve as alternates to the Planning Board through December 31, 2020, and John Kiefer as Chair of the Planning Board 2020. The Chair will be paid an annual stipend of $500.00. 2nd Cl Lamb Roll Call Vote Cl Sparling Yes Cl Skaley Yes Cl Servoss Yes Cl Lamb Yes Supv Leifer Yes RESOLUTION #9 (2020) – CONSERVATION BOARD APPOINTMENTS Supv Leifer offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby reappoints Nancy Munkenbeck, Jeanne Grace, Craig Schutt, and Gian Dodici, to the Conservation Board for terms to expire December TB 1-2-20 Page 6 of 17 31, 2022, Milo Richmond to serve as an alternate to the Conservation Board through December 31, 2020, and Gian Dodici as Chair of the Conservation Board for 2020. 2nd Cl Servoss Roll Call Vote Cl Sparling Yes Cl Skaley Yes Cl Servoss Yes Cl Lamb Yes Supv Leifer Yes RESOLUTION #10 (2020) – APPOINT DRYDEN RECREATION & YOUTH COMMISSION MEMBERS Cl Servoss offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby (re)appoints Joanne Holland and Alice Green to the Recreation & Youth Commission with terms to expire December 31, 2022, Ronald Szymanski with a term to expire December 31, 2021, and David Peck as Chair for the commission. 2nd Supv Leifer Roll Call Vote Cl Sparling Yes Cl Skaley Yes Cl Servoss Yes Cl Lamb Yes Supv Leifer Yes Because there have been no applications for the Zoning Board of Appeals there will be a vacancy until we have a candidate come forward. RESOLUTION #11 (2020) – APPOINT ZONING BOARD OF APPEALS MEMBERS Supv Leifer offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby appoints Janis Graham as Chair of the Zoning Board of Appeals as Chair for 2020 with an annual stipend of $500.00. 2nd Cl Skaley Roll Call Vote Cl Sparling Yes Cl Skaley Yes Cl Servoss Yes Cl Lamb Yes Supv Leifer Yes RESOLUTION #12 (2020) – AG COMMITTEE APPOINTMENTS Supv Leifer offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby makes the following appointments to the Agriculture Advisory Committee: Brian Magee and Erin Bieber for terms expiring December 31, 2022, and Evan Carpenter as Chair. 2nd Cl Skaley Roll Call Vote Cl Sparling Yes Cl Skaley Yes TB 1-2-20 Page 7 of 17 Cl Servoss Yes Cl Lamb Yes Supv Leifer Yes RESOLUTION #13 (2020) BROADBAND COMMITTEE APPOINTMENTS Supv Leifer offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby makes the following appointments to the BROADBAND Committee: John Kiefer, Sam Bouabane, Paul Lutwak, Fred Balfour and Jason Liefer for terms expiring December 31, 2020, and Jason Liefer as Chair. 2nd Cl Skaley Roll Call Vote Cl Sparling Yes Cl Skaley Yes Cl Servoss Yes Cl Lamb Yes Supv Leifer Yes RESOLUTION #14 (2020) – APPOINTMENTS Supv Leifer offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby makes the following appointments: • Historian – Harry Weldon, to be paid an annual stipend of $600.00 • Fair Housing Officer – Ray Burger • Stormwater Management Officer – David Sprout • Zoning Officer – Ray Burger 2nd Cl Lamb Roll Call Vote Cl Sparling Yes Cl Skaley Yes Supv Leifer Yes Cl Sparling Yes Cl Lamb Yes RESOLUTION #15 (2020) – APPOINT FIRE WARDEN Supv Leifer offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby appoints Jason Leifer as Fire Warden and Daniel Lamb as Deputy Superintendent of Fires. 2nd Cl Skaley Roll Call Vote Cl Sparling Yes Cl Skaley Yes Cl Servoss Yes Cl Lamb Yes Supv Leifer Yes RESOLUTION #16 (2020) – APPOINT DOG CONTROL OFFICERS Supv Leifer offered the following resolution and asked for its adoption: TB 1-2-20 Page 8 of 17 RESOLVED, that this Town Board hereby appoints Richard Leonard and Thelma Hefner to serve as Dog Control Officers. 2nd Cl Lamb Roll Call Vote Cl Sparling Yes Cl Skaley Yes Cl Servoss Yes Cl Lamb Yes Supv Leifer Yes RESOLUTION #17 (2020) – REPRESENTATIVE TO ASSOCIATION OF TOWNS MEETING Supv Leifer offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby appoints Kathrin Servoss as representative to the 2020 Association of Towns Meeting, and Bambi Avery as alternate. 2nd Cl Servoss Roll Call Vote Cl Sparling Yes Cl Skaley Yes Cl Servoss Yes Cl Lamb Yes Supv Leifer Yes Supv Leifer asked that those attending the AOT conference make a report to this board. RESOLUTION #18 (2020) – APPOINTMENTS Supv Leifer offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby makes the following appointments: ▪ Tompkins County Council of Governments: Supv Leifer as representative and Cl Lamb as alternate. ▪ Greater Tompkins County Municipal Health Insurance Consortium: Kathrin Servoss as representative and Jennifer Case as alternate board member, and Jennifer Case as representative and Kathrin Servoss as alternate to the Joint Committee on Plan Structure and Design. ▪ Ithaca Tompkins County Transportation Council: Ray Burger as representative and Kathrin Servoss as alternative to the Planning Committee, and Kathrin Servoss as representative and Ray Burger as alternate to the Policy Committee. ▪ Southern Cayuga Lake Intermunicipal Water Commission: Jack Rueckheim and Supv Leifer ▪ Ithaca Area Wastewater Treatment Facility: Supv Leifer as representative and Ray Burger as alternate ▪ Recreation Partnership: Alice Green 2nd Cl Servoss Roll Call Vote Cl Sparling Yes Cl Skaley Yes Cl Servoss Yes Cl Lamb Yes Supv Leifer Yes TB 1-2-20 Page 9 of 17 RESOLUTION #19 (2020) - CONTRACTS Cl Leifer offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby approves the following contracts for the amounts indicated and authorizes the Town Supervisor to execute the same and pay under the terms of the contract: a. Dog Control Kennel ($40,345) b. Neptune Fire Department ($400,000) c. Freeville Fire Department ($176,400) d. Etna Fire Department ($155,000) e. Varna Fire Department ($281,238) f. Brooktondale Fire Department ($29,107) g. Dryden Ambulance ($838,893.98) h. Gadabout ($7,500) i. Dryden Seniors ($1,500) j. Southworth Library ($13,000) k. Dryden Town Historical Society ($1,300) l. Dryden Veterans Memorial Home, Inc. ($1,100) m. Community Science Institute ($10,761) n. Town of Caroline – Brooktondale Gauge Station ($3,018) o. Youth Services – as budgeted p. Dryden Intergenerational Chorus and Band per grant notice 2nd Cl Skaley Roll Call Vote Cl Sparling Yes Cl Skaley Yes Cl Servoss Yes Cl Lamb Yes Supv Leifer Yes RESOLUTION #20 (2020) – TOWN BOARD MEETING SCHEDULE Supv Leifer offered the following resolution and asked for its adoption: RESOLVED, that the Dryden Town Board will hold its abstract and agenda meeting on the second Thursday of each month at 6:00 p.m. and its regular business meeting on the third Thursday of each month at 6:00 p.m. at the Town Hall, 93 East Main Street, Dryden. 2nd Cl Servoss Roll Call Vote Cl Sparling Yes Cl Skaley Yes Cl Servoss Yes Cl Lamb Yes Supv Leifer Yes RESOLUTION #21 (2020) - VOUCHER/INVOICE SUBMISSION DEADLINES Supv Leifer offered the following resolution and asked for its adoption: TB 1-2-20 Page 10 of 17 RESOLVED, that vouchers/invoices shall be submitted to the Supervisor's Office for processing and payment ten days prior to the regularly scheduled AGENDA meeting each month as follows: Voucher/Invoice Submission Deadline Dates (by Noon) For Abstract Date: Monday, December 30, 2019 Thursday, January 9, 2020 Monday, February 3, 2020 Thursday, February 13, 2020 Monday, March 2, 2020 Thursday, March 12, 2020 Monday, March 30, 2020 Thursday, April 9, 2020 Monday, May 4, 2020 Thursday, May 14, 2020 Monday, June 1, 2020 Thursday, June 11, 2020 Monday, June 20, 2020 Thursday, July 9, 2020 Monday, August 3, 2020 Thursday, August 13, 2020 Monday, August 31, 2020 Thursday, September 10, 2020 Monday, September 28, 2020 Thursday, October 8, 2020 Monday, November 2, 2020 Thursday, November 12, 2020 Monday, November 30, 2020 Thursday, December 10, 2020 Dates for submission of vouchers for abstract 13 to be determined; check with the bookkeeper toward the end of the year. 2nd Cl Servoss Roll Call Vote Cl Sparling Yes Cl Skaley Yes Cl Servoss Yes Cl Lamb Yes Supv Leifer Yes RESOLUTION #22 (2020) - INVESTMENT POLICIES/GUIDELINES FOR TOWN OF DRYDEN Supv Leifer offered the following resolution and asked for its adoption: RESOLVED, that the objectives of the Investment policy of the Town of Dryden are to minimize risk; to insure that investments mature when the cash is required to finance operations; and to insure a competitive rate of return. In accordance with this policy, the Supervisor is hereby authorized to invest all funds including proceeds of obligations and reserve funds in: - Certificates of Deposit issued by a bank or trust company authorized to do business in New York State; - Time Deposit Accounts in a bank or trust company authorized to do business in New York State: - Obligations of New York State; - Obligations of the United States Government; - Only reserve funds may be invested in Obligations of the Town of Dryden. All other Local Government officials receiving money in their official capacity must deposit such funds in negotiable order of withdrawal accounts. All investments made pursuant to this investment policy shall comply with the following conditions: 1. COLLATERAL TB 1-2-20 Page 11 of 17 a. Certificates of Deposits shall be fully secured by insurance of the Federal Deposit Insurance Corporations or by obligations of New York State or obligations of the United States or obligations of federal agencies, the principal and interest of which are guaranteed by the United States, or obligations of New York State local governments. Collateral shall be delivered to the Town of Dryden or a custodial bank. The market value of collateral shall at all times equal or exceed the principal amount of the cer tificate of deposit. Collateral shall be monitored no less frequently than quarterly. b. Collateral shall not be required with respect to the direct purchase of obligations of New York State, obligations of the United States, and obligations of federal ag encies the principal and interest of which are guaranteed by the United States Government. 2. DELIVERY OF SECURITIES a. Payment shall be made by or on behalf of the Town of Dryden for obligations of New York State, the principal and interest of which are guaranteed by the United States. United States Obligations, certificates of deposits, and other purchased securities upon delivery thereof to the custodial bank. All transactions shall be confirmed in writing. 3. WRITTEN CONTRACTS a. Written contracts may be required for the purchase of all certificates of deposit. 4. DESIGNATION OF CUSTODIAL BANK a. The First National Bank of Dryden and Tompkins Trust Company, both authorized to do business in the State of New York, and having an office for the transaction in the Town of Dryden, are designated to act as custodial banks of the Town of Dryden ’s investments. 5. FINANCIAL STRENGTH OF INSTITUTIONS a. All trading partners must be credit worthy. Their financial statements may be reviewed annually by the Supervisor to determine satisfactory financial strength or the Supervisor may use credit rating agencies to determine credit worthiness. b. Investments in time deposits and certificates of deposits are to be made with banks or trust companies. Their annual reports may be reviewed by the Supervisor to determine satisfactory financial strength. 6. OPERATIONS, AUDIT AND REPORTING a. The Supervisor or Deputy Supervisor shall authorize the purchase and sale and execute contracts for certificates of deposit on behalf of the Town of Dryden. b. At the time independent auditors conduct the annual audit of the accounts and financial affairs of the Town of Dryden, the independent auditors shall audit the investments of the Town of Dryden for compliance with the provisions of this investment policy. c. Within sixty (60) days of the end of each of the first three quarters of the fiscal year, the Supervisor shall prepare and submit to the Town Board a quarterly investment report, which indicates the new investments, the inventory of existing investments, and such other matters as the Supervisor deems appropriate. d. Within 120 days of the end of the fiscal year, the Supervisor shall prepare and submit to the Town Board an annual investment report; recommendations for change in these investment guidelines; the results of the annual independent audit, the investment income record; and such other matters as the Supervisor deems appropriate. TB 1-2-20 Page 12 of 17 At least annually, at the Organizational meeting of the Dryden Town Board, the board shall review and amend, if necessary these investment policies. The provisions of these Investment Guidelines and any amendments hereto shall take effect prospectively and shall not invalidate the prior selection of any Custodial Bank or prior investment. 2nd Cl Lamb Roll Call Vote Cl Sparling Yes Cl Skaley Yes Cl Servoss Yes Cl Lamb Yes Supv Leifer Yes RESOLUTION #23 (2020) – ADOPT PROCUREMENT AND PURCHASING POLICIES Supv Leifer offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby adopts the Procurement and Purchasing Policies, as follows: Procurement Policy This resolution sets forth the policy and procedures of the Town of Dryden to meet the requirements of General Municipal Law, section 104 -b. Purpose Goods and services that are not required by law to be procured pursuant to competitive bidding must be procured in a manner as to assure the prudent and economical use of public moneys in the best interest of the taxpayers; to facilitate the acquisition of goods and services of maximum quality at the lowest possible cost under the circumstances; and to guard against favoritism, improvidence, extravagance, fraud, and corruption. To further these objectives, the governing board is adopting an internal policy and procedures governing all procurements of goods and services which are not required to be made pursuant to the competitive bidding requirements of General Municipal Law, section 103 or of any other general, special, or local law. Procedures for Determining Whether Procurements are Subject to Bidding The procedures for determining whether a procurement of goods or ser vices is subject to competitive bidding and documenting the basis for any determination that competitive bidding is not required by law is as follows: Procedure: a. Each proposed purchase must be initially reviewed to determine whether it is a purchase contract or a public works contract. b. Upon determination, a good faith effort shall be made to determine whether it is known or can reasonably be expected 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 annually. c. The following items are not subject to competitive bidding pursuant to Section 102 of the General Municipal Law: purchase contracts under $10,000; public works contracts under $35,000; emergency purchases; goods purchased from agencies for the blind or severely handicapped; goods purchased from correctional institutions; purchases under State and TB 1-2-20 Page 13 of 17 county contracts; and surplus and second-hand purchases from another governmental entity. d. For purchases determined to be exempt from competitive bidding, documentation of this determination shall be provided in writing by the individual making the purchase. This documentation may include written or verbal quotes from vendors, a memo from the purchaser indicating how this determination was made, a copy of the contract indicating the source making the item or service exempt, a memo from the purch aser detailing the circumstances leading to an emergency purchase, or any other appropriate written documentation. e. This policy will apply to all equipment rentals made throughout the year. Statutory Exceptions from Quotations/Proposals Requirements of This Policy and Procedures Except for procurements made pursuant to General Municipal Law, section 103(3) (through county contracts) or section 104 (through State contracts), State Finance Law, section 162, Correction Law, sections 184 and 186 (from “preferred sources,” including articles manufactured in correctional institutions), or the items excepted herein (see below), alternative proposals or quotations for goods and services shall be secured by use of either written requests for proposals, written quotations, verbal quotations or any other method of procurement that furthers the purposes of the General Municipal Law, section 104 -b. Methods of Competition to be Used for Non-Bid Procurements The methods of procurement to be used are as follows: The time and documentation required to purchase goods and services under $1,000.00 via this policy may be more costly than the item itself and would therefore not reflect the best interests of the taxpayer. In addition, it is not likely such de minimis contracts would be awarded based on favoritism. All goods and services subject to this procurement policy will be secured by use of written requests for proposals, written quotations, verbal quotations, or any other method which assures favoritism will be avoided and goods will be purchased at the lowest price, except in the following circumstances: purchase contracts over $10,000 and public works contracts over $35,000; which are required to be competitively bid. The following are the minimum requirements necessary for purchases and/or equipment rentals expected to exceed $1,000 in one year as required by this policy in order to achieve the highest savings: Amount of Purchase Contract or Rental (under $10,000) Method Under $2,500 No action required $2,501 - $4,999 2 Verbal quotations or catalog pricing AND obtain a Purchase Order from Bookkeeper $5,000 -$9,999 3 Written/fax quotations, or written requests for proposals or catalog pricings Estimated Amount of Public Works Contract (under $35,000) Method TB 1-2-20 Page 14 of 17 Under $2,500 No action required $2,501 - $9,999 2 Written/fax quotations $10,000 - $34,999 3 Written/fax quotations or written requests for proposals A good faith effort shall be made to obtain the required number of proposals or quotations. If the purchaser is unable to obtain the required number of proposals or quotations, he or she will document all attempts made to obtain proposals. Awards to Other than the Lowest Responsible Dollar Offerer Whenever any contract is awarded to other than the lowest responsible dollar offerer, the reasons that such an award furthers the purpose of General Municipal Law, section 104 -b, as set forth herein above, shall be documented as follows: Documentation will include an explanation of how the awarded contract will achieve savings or how the lowest bidder was not responsible. Determination of a bidder being declared not responsible shall be made and documented by the purchaser. Items Excepted From This Policy and Procedures by the Board The board sets forth the following circumstances when, or types of procurements for which, in the sole discretion of the governing body, the solicitation of alternative proposals or quotations will not be in the best interest of Town of Dryden. 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 offering the lowest price and the nature of these services is such that they do not readily lend themselves to competitive procurement procedures. In determining whether a service fits into this category the Town Board shall take into consideration the following guidelines: (a) whether services are subject to State licensing or testing requirements; (b) whether substantial formal education or training is a necessary prerequisite to performance of said services; and (c) whether 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; services of a certified public accountant; investment management services; printing services involving extensive writing, editing or art work; management of municipally owned property; computer software or programming services for customized programs, or services involved in substantial modification and customizing of pre-packaged software. b. Repair of equipment and machinery and maintenance items i.e.: toner, ribbons, oil filters, nuts & bolts etc., as these can be specialized items. The purchaser will obtain at least two verbal, written, faxed or catalog prices. It is at the purchaser’s disc retion which product(s) to purchase. c. Emergency purchases pursuant to Section 103(4) of General Municipal Law. Due to the nature of this exception, these goods or services must be purchased immediately and any delay to seek alternate proposals may threaten the life, health, safety or TB 1-2-20 Page 15 of 17 welfare of the residents. This section does not preclude alternate proposals if time permits. d. Purchases of surplus and second-hand goods from any source. If alternate proposals are required, purchaser is permitted to purchase surplus and second-hand goods at auction or via specific advertised sources where the best prices are typically obtained. Prior Town Board approval is required for amounts over $2,500 e. goods purchased from agencies for the blind or correctional institutions pursuant to Section 175-b of the State Finance Law; goods purchased from correctional institutions pursuant to Section 186 of the Correction Law; purchases under State contracts pursuant to Section 104 of the General Municipal Law; county contracts pursuant to Section 103(3) of the General Municipal Law; or pursuant to subdivision 6 of this policy. Individual(s) Responsible for Purchasing Highway Superintendent Director of Planning Town Clerk Town Supervisor Recreation Supervisor Marty Conger Town Bookkeeper Town Justice 34 Note that this is a new requirement, effective January 1, 2009 (General Municipal Law, section 104-b(2)(f)). Division of Local Government and School Accountability (Must be updated biennially)of the State Comptroller Input From Officers Comments have been solicited from officers of the political subdivision or district therein involved in the procurement process prior to the enactment of this policy and procedures, and will be solicited from time to time hereafter. Annual Review The governing board shall annually review and, when needed, update this policy and procedures. The Town of Dryden Town Board shall be responsible for conducting an annual evaluation of the effectiveness of the procurement policy and procedures and an evaluation of the control procedures established to ensure compliance with the procurement policy, and shall be responsible for reporting back to the board. Unintentional Failure to Comply The unintentional failure to comply fully with the provisions of General Municipal Law, section 104-b shall not be grounds to void action taken or give rise to a cause of action against the Town of Dryden or any officer or employee thereof. Town of Dryden Purchasing Policy With the exception of the Highway Department and the Town Clerk/Receiver of Taxes, the Bookkeeper/Bookkeeper’s Assistant must be consulted to ensure sufficient funds are available prior to placing any order. The Bookkeeper / Bookkeeper’s Assistant will first verify whether or not sufficient funds are available. TB 1-2-20 Page 16 of 17 • If funds are available, the Bookkeeper / Bookkeeper’s Assistant will notify the department that they can proceed with their order. • If funds are not available the Bookkeeper / Bookkeeper’s Assistant will notify the requisitioner of such and request a budget modification form be completed to transfer funds from another account. A budget modification should only be used if another account has available funds and the requested item is necessary within current budget year. The budget modification will then be presented to the Board for approval. • If a bid is necessary, the requisitioner will ask for Board approval to bid; then initiate the process of having the appropriate person prepare the bid specifications. • Approval of the Supervisor or Bookkeeper is required for any purchase in excess of $500, with the exception of the Highway Department, where the limit shall be $10,000, and with the exception of the Town Clerk/Receiver of Taxes, where the limit shall be $2500. Prior approval will not be required for standard monthly purchases for parts/supplies, and vehicle/equipment repairs unless specifically requested by vendor. Prior approval of either the bookkeeper or the Supervisor is required for purchases of equipment or software (i.e. computers, printers, monitors, copy machines, and items that will be added to the Town’s capital asset list) and employee training/conference attendance t hat involves overnight lodging. • With the exception of the Highway Department and the Town Clerk/Receiver of Taxes, once a department has spent 90% of any non-personnel, annual contract, or utility related budget line (i.e. discretionary spending), the department head must seek Town Board approval prior to utilizing funds from that budget line. • The Bookkeeper will prepare the purchase order, retain a copy and return the original to the requisitioner for ordering. Packing slips, delivery receipts, invoices, and statements should be compiled for each purchase, stapled behind the purchase order or completed voucher form and submitted to the Bookkeeper for verification and approval. After approval, vouchers will be forwarded to the Town Clerk's office for data entry. After entry, purchase orders will be submitted to the Board for payment approval. Vouchers may be submitted weekly or upon completion, but must be submitted by 12am the first Friday of the month. If Vouchers are received after this time we will try to include them in the abstract if possible. This system will not apply to utilities, bills from other municipalities, legal and engineering services, water and sewer billing, election workers, jury expenses, law book expenses, software/hardware contracts and insurance payments. Payments of this nature will continue to use vouchers and be submitted to the Board for approval for payment. The Bookkeeper will receive copies of all contracts entered into by the Town and all resolutions allotting funds for any service or item. 2nd Cl Lamb Roll Call Vote Cl Sparling Yes Cl Skaley Yes Cl Servoss Yes Cl Lamb Yes Supv Leifer Yes TB 1-2-20 Page 17 of 17 Supervisor appointments and committee assignments were discussed and made as follows: Deputy Supervisor ------------------------------------------------- Cl Daniel Lamb Finance & Grants Committee ------------------------------------ Cl Servoss, Cl Skaley Emergency Services Committee---------------------------------- Supv Leifer, Cl Lamb Human Resources Committee------------------------------------ Cl Servoss, Cl Skaley Infrastructure Committee (inc Highway/DPW liaison)-------- Supv Leifer Representative to Planning Board-------------------------------- Cl Lamb, Supv Leifer Representative to Conservation Board--------------------------- Cl Skaley, Cl Lamb Representative to Ag Advisory Committee----------------------- Cl Sparling Representative to Recreation & Youth Commission----------- Cl Sparling, Cl Servoss Liaison to Village of Freeville-------------------------------------- Supv Leifer Liaison to Village of Dryden--------------------------------------- Supv Leifer Representative to Rail Trail Task Force-------------------------- Cl Lamb, Cl Sparling Representative to Tompkins County Legislature--------------- Cl Servoss, Supv Leifer Representative to Climate Smart Task Force------------------- Cl Sparling There being no further business, on motion made, seconded and unanimously carried, the meeting was adjourned at 3:30 p.m. Respectfully submitted, Bambi L. Avery Town Clerk