HomeMy WebLinkAbout01-12-2017 Town Board Organizational Meeting Agenda Packet TOWN OF VIRGIL
ORGANIZATIONAL MEETING
JANUARY 12TH, 2017-6:30 P.M.
6:30 PM – Call to Order and Pledge of Allegiance to the Flag
A.ORGANIZATIONAL MEETING
1.Meeting times: 2nd Thursday at 6:30 PM with a second meeting the 4th Thurday if needed
2.Official Depository: Prior years: First National Bank of Dryden for the Virgil General Fund,
Highway Fund, Capital Fund, Town Clerk/Tax Collector Fund, and Town Justice Fund, for
the Virgil Community Development Fund.
3.Pay Schedule for elected and appointed officials
Position Pay Pay Schedule
Supervisor $6,000.00 Quarterly
Clerk/Tax Collector $27,300.00 Bi-weekly
-Sewer/Water $4,000.00 Bi-weekly
Town Board (4) $2,100.00 Quarterly
Town Judge $12 ,500.00 Monthly
HighwaySuper. $48,525.00 Bi-weekly
-Transfer $6,150.00 Bi-weekly
Animal Control $10,600.00 Monthly
Bookkeeper $14,500.00 Bi-weekly
-sewer/water $12,000.00 Bi-weekly
Code Enforcer $37,635.00 Bi-weekly
Court Clerk $11,000.00 Bi-weekly
Custodian $6,200.00 Bi-weekly
Deputy Clerk $11.94/hr Bi-weekly
-sewer/water $11.94/hr Bi-weekly
Historian $1,400.00 Quarterly
Board of Appeals $125.00 Annually
Planning Board $15.00/mtng Annually
Zoning Board $15.00/mtng Annually
Transfer Attendant $16.92/hr Bi-weekly
-Assistant $13.39/hr Bi-weekly
4.Rate of pay for highway Employees
Rick Horner $21.05 an hour
James Klingle $16.00 an hour
Demont Lang $16.89 an hour
Britt Morse $15.45 an hour
Walt Nichols $17.67 an hour
Aaron Peck $16.89 an hour
5.Highway purchases authorization: The Highway Superintendent is authorized to purchase
new equipment, tools and other implements not to exceed $_________($4500 Prior Years)
and allow repairs up to $_________ ($3,000 Prior years) without board approval.
6.Highway Superintendent equipment purchase authorization The Highway Superintendent
is authorized to purchase equipment through Cortland County and New York State bids.
7.Milage reimbursement: The mileage reimbursement rate will be the current IRS rate at any
given time.
8.Official newspaper: The official news paper for the Town of Virgil shall be the
_____________
( Prior years Cortland Standard)
9.Appointment of Town Attorney: Prior Year Patrick M. Snyder Esq.
10. Appointment of Bookkeeper: Prior Year Gina Nourse
11. Bookkeeper authorization to pay bills: The Town’s bookkeeper shall be authorized to pay
utility and contractual insurance bills prior to Board approval to avoid and late payment
fees.
12. Town Board agreement to pay portion of Bookkeepers health insurance: The Town Board
authorizes the Town to pay an agreed portion of the Bookkeeper’s health insurance in
cooperation with the town of Willet.
13.Appointment of Deputy Clerk: Town Clerk appoints a deputy (Prior Year Bernadette
Karam)
14. Appointment of Registrar of Vital Records: (Prior Year Alane Van Donsel)
15.Appointment of Deputy Resistrar: Registrar of Vital Records appoints a deputy Registrar
( Prior Year Bernadttte Karam)
16. Appointment of Records Management Officer: Town Clerk is generally the Records Office
Manager (Prior Year Alane Van Donsel)
17.Appointment of Deputy Supervisor Supervisor Kaminski shall appoint _________________
as Deputy Town Supervisor. (Prior Year Jereme Stiles)
18.Appointment of Court Clerk: Town Justice Scott Elston shall appoint a Court Clerk (Prior
Year Deb Gallagher)
19.Appointment of Deputy Highway Superintendent: Highway Superintendent appoints a
Deputy Superintendent (Prior Year Rick Horner)
20.Appointment of Animal Control Officer and Deputy Animal Control Officer: (Prior Year
Lindsay Anderson of Country Acres Animal Shelter and the Deputy was Suzzie Nalley)
21.Appointment of Code Enforcement Officer: (Prior Year Craig Umbehauer)
22.Appointment of Planning Board Secretary: The Planning Board appoints their own
secretary (Prior Year Joan Fitch)
23.Planning and ZBA Board Members:
Carol Lathrop 12/2019
Gary Wood 12/2018
Mark Baranello 12/2020
Anne Howe 12/2021
Jeffrey Breed -Chair 12/2017
Dale Taylor- Alternate 12/2017
Appointment of ZBA Member: (Sheila Morse’s Term Expired 12/2016)
Current Members Term Expiration
John Coulter 12/2019
Sheila Morse 12/2016 BAR & ZBA Letter if Interest Sheila Morse
Linda Edwards 12/2017
Jeannine Sprague 12/2018
Jeff Hall 12/2020
Steve Terwilliger(Alernate)12/2017
24.Appointment of ZBA Secretary: the ZBA appoints there own secretary (Prior Year Joan
Fitch)
25.Board of Assessment Review Appointment: Sheila Morse’s Term Expired 09/2016
Current Members Term Expiration
Sarah Dean 09/2018
James Murphy 09/2019
Steve Terwilliger 09/2021
Sheila Morse 09/2016 BAR & ZBA Letter if Interest Sheila Morse
James Povero 09/2020
26. Town Hall Custodian Appointment: Prior Year John Lellig
27. Town Gardener Appointment: (Prior Year: The Town Board sets the salary for a Town Hall
gardener at the hourly rate of $10.00 an hour not to exceed $500.00 a year.
28.Community Development Loan fund Membership:
Prior Year Members
Shelia Morse
Ronald Denniston
Howard Ford
Terri Flatt
Liaison Jereme Stiles
29.Hope Lake Park Advisory Committee: 2016 Committee
Members
Gary Pelton
Alane Van Donsel
Dayrl Dawson
Hank Faber
Jereme Stiles
30. Board of Ethics: Prior Year Members
Kathy Jensen Chair
Gary Hoyt
Richard McMullin
Matt Denniston Liason
31. Code of Ethics: A copy of the code of Ethics and note that each new member of all the Virgil
Town Boards shall receive a copy of the Code of Ethics from the Town Clerk. A signed receipt
shall be given to the clerk from each board member.
32. Sewer and Water District Operator: Prior Year Sewer District #1
Camden Group
Water District #1 W2Operators
33.Water Quality Committee and Laboratory Testing: Prior Years the representative for the
Water Quality Coordination Committee was Douglas Withey. The testing Laboratory for
the Town of Virgil Water and Sewer Districts #1 was Microbac (Camden would like to use
PACE)
PACE VS MICROBAC
34.Annual Report: Prior Year the Town Supervisor was authorized to publish the annual
report in the newspaper brief, as opposed to the long form.
35.Auditor: Prior Year the Town board gave authorization to the Town Supervisor to hire an
auditor, if deemed necessary.
36.Emergency awareness & HAZMAT information: The Town Clerk will make the appropriate
name changes for the Emergency Awareness Information for HAZMAT
37. Seasonal Road Closings: The Town board shall authorize the Highway superintendent to
advertize Seasonal Road closings in October.
38. Highway Funds: The board shall accept the Highway Funds Agreement as presented by
the Highway SuperintendentSection 284 of Highway Law.
Agreement for Highway Expenditures 2017
39. Town Investment Policy : The Town board shall affirm the Town of Virgil’s Investment
Policy.
2017 Investment Policy-PDF
40.Town’s Liability Insurance: The Town’s Liability Policy shall be reviewed at the Boards
discretion.
41.Procurement Policy: The Town board shall affirm the Town of Virgil’s Procurement Policy.
PROCUREMNT POLICY 2017
42.Establish 2016 Water and Sewer Rates: Minimum rate for water shall be $60.00 quarterly
and minimum rate for sewer shall be $95.00 quarterly. Shall be posted at the Town Hall.
43. Appointment of Eric Snow as representative of the Town of Virgil ont the Greater
Tompkins County Municipal Health Insurance Consortium.
44. Appointment of Dale Taylor as Deputy representative of the Town of Virgil on the Greater
Thomkins County Municipal Health Insurance Consortium.
ADJORN REORGANIZATIONAL MEETING
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January 9, 2017
To: Virgil Town Board
From: Sheila “Sam” Morse
RE: Board of Assessment Review
Zoning Board of Appeals
I understand my terms of service have expired on the Board of Assessment
Review and the Zoning Board of Appeals. I am writing to let you know I am
interested in continuing to serve our community by sitting another term on the
Board of Assessment Review and the Zoning Board of Appeals if you choose to
reappoint me.
Thank you for your consideration.
Article 3 §§39
General Municipal
ALLCONSOLIDATEDGENERAL MUNICIPALARTICLE 3 SECTION 39
§ 39. Investment policies for local governments. 1. Each local government, which for purposes of this section shall
include counties, cities, towns, villages, school districts including boards of cooperative educational services and district
corporations, within the meaning of that term as set out in subdivision three of section sixty-six of the general
construction law, or any other governmental subdivision of the state, shall by resolution adopt a comprehensive
investment policy which details the local government's operative policy and instructions to officers and staff regarding
the investing, monitoring and reporting of funds of the local government. The investment policy shall be annually
reviewed by the local government.
2. Funds of the local government, for purposes of this section, shall consist of all moneys and other financial resources
available for investment by the local government on its own behalf or on behalf of any other entity or individual.
3. The investment policy adopted by the local government shall include, but not be limited to, the following:
(a) A list of the permitted types of investments of the local government, which shall be consistent with the appropriate
provisions of law relating to the local government and any additional requirements pursuant to any contract with
bondholders and noteholders or established by the local government.
(b) Procedures and provisions to secure in a satisfactory manner the local government's financial interest in investments.
(c) Standards for written agreements pursuant to which investments are made. Such standards shall be consistent with
the appropriate provisions of law relating to the local government and any additional requirements pursuant to any
contract with bondholders and noteholders or established by the local government.
(d) Procedures for the monitoring, control, deposit and retention of investments and collateral.
(e) Standards for security agreements and custodial agreements with banks or trust companies authorized to do
business in the state of New York, pursuant to which obligations and collateral are held by such banks and trust
companies for the local government. Such standards shall be consistent with the appropriate provisions of law relating
to the local government and any additional requirements pursuant to any contract with bondholders and noteholders or
established by the local government.
(f) Standards for the diversification of investments, including diversification with respect to the permitted types of
investments listed in accordance with paragraph (a) of this subdivision and to the firms with whom the local government
transacts business. Such standards may also specify the maximum percentage of moneys available for temporary
investment or the maximum dollar amount that the local government is authorized to invest in any one permitted type
of investment or pursuant to transactions with any one firm.
(g) Standards for the qualification of firms with whom the local government transacts business, such as criteria covering
creditworthiness, experience, capitalization, size and any other factors that make a firm capable and qualified to
transact business with the local government.
(h) For purposes of this section, the term "firm" shall include, but not be limited to, a bank or trust company as defined
in subdivision one of section ten of this chapter, the lead participant of a cooperative investment agreement as defined
in subdivision one of section forty-nine-c of this chapter, and the seller of an obligation that is purchased pursuant to a
repurchase agreement.
4. Each local government shall have the power to amend its investment policy from time to time in accordance with the
provisions of this section
TOWN OF VIRGIL INVESTMENT POLICY
I. This investment policy applies to all moneys and other financial resources available for investment on its own behalf
or on behalf of any other entity or individual.
II. The primary objectives of the local government’s investment activities
are, in order of priority:
to conform with all applicable federal, state and other legal requirements;
to adequately safeguard principal;
to provide sufficient liquidity to meet all operating requirements;
to obtain a reasonable rate of return.
III. The governing board’s responsibility for administration of the investment program is delegated to the Town
Supervisor, who shall establish written procedures for the operation of the investment program consistent with these
investment guidelines. Such procedures shall include an adequate internal control structure to provide a satisfactory
level of accountability based on a data base or records incorporating description and amounts of investments,
transaction dates and other relevant information, and regulate the activities of subordinate employees.
IV. All participants in the investment process shall seek to act responsibly as custodians of the public trust and shall
avoid any transaction that might impair public confidence in the Town of Virgil to govern effectively. Investments shall
be made with judgment and care, under circumstances then prevailing, which persons of prudence, discretion and
intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the
safety of the principal as well as the probable income to be derived. All participants involved in the investment process
shall refrain from personal business activity that could conflict with proper execution of the investment program, or
which could impair their ability to make impartial investment decisions.
V. It is the policy of the Town of Virgil to diversify its deposits and investments by financial institution, by investment
instrument and by maturity scheduling.
VI. It is the policy of the Town of Virgil for all moneys collected by any officer or employee of the government to
transfer those funds to the Supervisor within __ days of deposit, or within the time period specified in law, whichever is
shorter. The Supervisor is responsible for establishing and maintaining an internal control structure to provide
reasonable, but not absolute, assurance that deposits and investment are safeguarded against loss from unauthorized
use or disposition, that transactions are executed in accordance with management’s authorization and recorded
properly, and are managed in compliance with applicable laws and regulations.
VII. The banks and trust companies authorized for the deposit of monies up to the following maximum amounts are:
______________________________ _______________
______________________________ _______________
______________________________ _______________
______________________________ _______________
VIII. In accordance with the provisions of General Municipal Law, Section 10, all deposits of the Town of Virgil, including
certificates of deposit and special time deposits, in excess of the amount insured under the provisions of the Federal
Deposit Insurance Act shall be secured by:
A. A pledge of “eligible securities” with an aggregate “market value or as provided by General Municipal Law,
Section 10, equal to the aggregate amount of deposits from the categories designated in
Appendix A to the policy.
B. An eligible “irrevocable letter of credit” issued by a qualified bank other than the bank with the deposits in favor
of the government for a term not to exceed 90 days with an aggregate value equal to 140% of the aggregate amount of
deposits and the agreed upon interest, if any. A qualified bank is one whose commercial paper and other unsecured
short-term debt obligations are rated in one of the three highest rating categories by at least one nationally recognized
statistical rating organization or by a bank that is in compliance with applicable federal minimum risk-based capital
requirements.
C. An eligible surety bond payable to the government for an amount at least equal to 100% of the aggregate amount of
deposits and the agreed upon interest, if any, executed by an insurance company authorized to do business in New York
State, whose claims-paying ability is rated in the highest rating category by at least two nationally recognized statistical
rating organizations.
IX. Eligible securities used for collateralizing deposits shall be held by the depositary (a third party) bank or trust
company subject to security and custodial agreements. The security agreement shall provide that eligible securities are
being pledged to secure local government deposits together with agreed upon interest, if any, and any costs or expenses
arising out of the collection of such deposits upon default. It shall also provide the conditions under which the securities
may be sold, presented for payment, substituted, or released and the events which will enable the local government to
exercise its rights against the pledged securities. In the event that the securities shall be delivered in a form suitable for
transfer or with an assignment in blank to the Town of Virgil or its custodial bank. The custodial agreement shall provide
that securities held by the bank or trust company, or custodial agent, of and for the local government will be kept
separate and apart from the general assets of the custodial bank or trust company and will not, in any circumstances, be
commingled with or become part of them backing for any other deposit or other liabilities. The agreement should
provide for the frequency of revaluation of eligible securities and for the substitution of securities when a change in the
rating of a security may cause ineligibility. Such agreement shall include all provision necessary to provide the local
government a perfected interest in the securities.
X. As authorized by General Municipal Law, Section 11, the Town of Virgil authorizes the Town Supervisor to invest
moneys not require for immediate expenditure for terms not to exceed its projected cash flow needs in the following
types of investments:
Special time deposit accounts;
Certificates of deposit;
Obligations of the United States of America;
Obligations guaranteed by agencies of the United States of America where the payment of principal and interest
are guaranteed by the United States of America;
Obligations of the State of New York;
Obligations issued pursuant to Local Finance Law, Section 24.00 or 25.00 (with approval of the State
Comptroller) by any municipality, school district or district corporation other than the Town of Virgil;
Obligations of public authorities, public housing authorities, urban renewal agencies and industrial development
agencies where the general State statutes governing such entities or whose specific enabling legislation authorizes such
investments;
Certificates of Participation (CDPs) issued pursuant to General Municipal Law, Section 109-b;
Obligations of this local government, but only with any moneys in a reserve fund established pursuant to
General Municipal Law, Section 6-c, 6-d, 6-e, 6-g, 6-h, 6-j, 6-k, 6-l, 6-m or 6-n.
All investment obligations shall be payable or redeemable at the option of the Town of Virgil within such times as the
proceeds will be needed to meet expenditures for purposes for which the moneys were provided and, in the case of
obligations purchased with the proceeds of bonds or notes, shall be payable or redeemable at the option of the Town of
Virgil within two years of the date of purchase.
XI. The Town of Virgil shall maintain a list of financial institutions and dealers approved for investment purposes and
establish appropriate limits to the amount of investments which can be made with each financial institution or dealer.
All financial institutions with which the local government conducts business must be credit worthy. Banks shall provide
their most recent Consolidated Report of Condition (Call Report) at the request of the Town of Virgil. Security dealers
not affiliated with a bank shall be required to be classified as reporting dealers affiliated with the New York Federal
Reserve Bank as primary dealer. The Town Supervisor is responsible for evaluating the financial position and maintaining
a listing of proposed depositories, trading partners and custodians. Such listing shall be evaluated at least annually.
XII. The Town Supervisor is authorized to contract for the purchase of investments:
A. Directly, not including through a repurchase agreement, from an authorized trading partner.
B. By participation in a cooperative investment program with another authorized governmental entity pursuant to
Article 5G of the General Municipal Law where such program meets all the requirements set forth in the Office of the
State Comptroller Opinion No. 88-46, and the specific program has been authorized by the governing board.
C. By utilizing an ongoing investment program with an authorize tracking partner pursuant to a contract authorized by
the governing board.
All purchased obligations, unless registered or inscribed in the name of the local government, shall be purchased
through, delivered to and held in the custody of a bank or trust company. Such obligations shall be purchased, sold or
presented for redemption or payment by such bank or trust company only in accordance with prior written
authorization from the officer authorized to make the investment. All such transactions shall be confirmed in writing to
the Town of Virgil by the bank or trust company. Any obligation held in the custody of a bank or trust company shall be
held pursuant to a written custodial agreement as described in General Municipal Law, Section 10. The custodial
agreement shall provide that securities held by the bank or trust company, as custodial agent, of and for the local
government will be kept separate and apart from the general assets of the custodial bank or trust company and will not,
in any circumstances, be commingled with or become part of the backing for any other deposit or other liabilities. The
agreement shall describe how the custodian shall confirm the receipt and release of the securities. Such agreement shall
include all provisions necessary to provide the local government a perfected interest in the securities.
XIII. Repurchase agreements are authorized for the Town of Virgil.
Appendix A Schedule of Eligible Securities
(i) Obligations issued, or fully insured or guaranteed as to the payment of principal and interest, by the United States of
America, an agency there of or a United States government sponsored corporation.
(ii) Obligations partially insured or guaranteed by any agency of the United States of America, at a proportion of the
market value of the obligation that represents the amount of the insurance or guaranty.
(iii) Obligations issued or fully insured or guaranteed by the State of New York, obligations issued by a municipal
corporation, school district of district corporation of such State or obligations of any public benefit corporation which,
under a specific State statute, may be accepted as security for deposit of public moneys.
(iv) Obligations issued by states (other than the State of New York) of the United States of America rated in one of the
three highest rating categories by at least one nationally recognized statistical rating organization.
(v) Obligations of counties, cities and other governmental entities of a state other than the State of New York having the
power to levy taxes that are backed by the full faith and credit of such governmental entity and rated in one of the three
highest rating categories by at least one nationally recognized statistical rating organization.
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RESOLUTION ADOPTING PROCUREMNT POLICY FOR THE TOWN OF VIRGIL, NEW YORK
During a regular meeting of the Town Board of the Town of Virgil, Cortland County,
State of New York, held at the Virgil Town Hall, 1176 Church Street, Cortland, NY , on , 2017, the
following resolution was duly made on the motion of Member , and seconded by Member
, and the roll call vote was as follows:
WHEREAS, Section 104-b of the General Municipal Law requires the governing body of every municipality to
adopt internal policies and procedures governing all procurement of goods and services which are not subject
to the bidding requirements of the General Municipal Law Section 103 or any oth er law; and
WHEREAS, comments have been solicited from those officers of the town involved with the procurement in
and for the Town of Virgil; now, therefore
BE IT RESOLVED, that the Town Board of the Town of Virgil does hereby adopt the following procurement
policy which is intended to apply to all goods and services which are not required by law to be subject to the
bidding requirements of General Municipal Law Section 103 or any other Law.
Dated:
The undersigned, Alane Van Donsel, Town Clerk of the Town of Virgil, hereby certifies that the foregoing
resolution is a true and correct copy of the original RESOLUTION ADOPTING A PROCUREMENT POLICY FOR THE
TOWN OF VIRGIL, NEW YORK , adopted by the Virgil Town Board as a meeting of said Board held at the Vir gil
Town Hall on May 13, 1999, and that said resolution was duly adopted by the Virgil Town Board at a regular
meeting duly called and held on . In witness whereof, I have hereunto set my
hand and seal of the Town of Virgil this day of , 2017.
Alane Van Donsel
Virgil Town Clerk
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PROCUREMENT POICY FOR THE TOWN OF VIRGIL
SECTION I
A. Every prospective purchase of goods or contract for service must be initially reviewed to determine
whether it is a purchase or a public works contract. Once that determination is made, a good faith
effort shall 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 or is not subject to competitive
bidding, taking into account past purchases and the aggregate amount to be spent in a year.
B. The following are not subject to competitive bidding pursuant to the General Municipal Law (GML), but
are subject to this procurement policy:
(1) Purchase contracts under $20,000.00 (GML Section 103);
(2) Public works contracts under $35,000.00 (GML Section 103);
(3) Purchase on state contract through the Office of General Services (GML Section 104)
(4) Purchase or work is required by virtue of a public emergency arising out of an accident or
unforeseen occurrence (GML Section 103);
(5) Purchase of surplus or second –hand supplies, materials or equipment from the federal
government, the State of New York or any other political subdivision, district or public
benefit corporation (GML Section 103);
(6) Contracts for professional services or those requiring special or technical skill or expertise;
(7) Where the subject of the contract is controlled by a sole source so that there is no
possibility of competition;
(8) Purchases made under county contract (GML Section103); and
(9) True leases (GML Section 103).
C. The decision that a purchase or public works contract is not subject to competitive bidding must be
documented in writing by the person making the purchase or contract for services (“purchaser”). This
documentation may include Town Board resolutions, minutes or memoranda, written or verbal quotes
from vendors, telephone logs (for verbal quotes), requests for proposals (RFP), written or verbal
proposal from contractors, contracts (e.g. copies of Sate/County contracts), a copy of the contract or
proposal indicating the source which makes the item or which will provide the service, checklists,
flowcharts, a memo from the purchaser indication how the decision was arrived at, and /or detailing
the circumstances which led to an emergency purchase, or any other written documentation this is
appropriate.
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SECTION II
All goods and services which are not subject to completive biding or otherwise provided for in the
policy will be secured by use of written Requests for Proposal (RFP), written quotations or any other
method that assures goods and services will be procured at the lowest price and that favoritism will be
avoided.
SECTION III
A. The following methods of procurement will be used when required by this procurement policy in
order to achieve the highest savings:
Estimated Amount of purchase contract Method
Up to $250.00 discretion of purchaser
$250.00 to $1,000.00 oral request for goods, oral quotes
From at least two vendors
$1,000.00 to $2,500.00 oral request for goods, written or fax
Quotes from at least two vendors
$2,500.00 to $10,000.00 written RFP, written or fax quotes
From three or more vendors
Estimated amount of public works contract Method
Up to $500.00 discretion of purchaser
$500.00 to $2,500.00 oral request, oral proposal from
contactor
$2,500.00 to $10,000.00 written RFP, written or fax proposals
from at least two competitors
$10,000.00 to $20,000.00 written RFP, written of fax proposals
form three or more competitors
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B. A written RFP shall describe the desired good or services to be performed, including the quality and
particulars of delivery or performance. The purchaser shall compile a list of all vendors from whom
proposal/quotes have been requested and from whom prop osals/quotes are received.
C. 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, the purchaser will
document the attempt made to obtain such proposals or quotations. In no event shall a failure or
inability to obtain proposals or quotations be a bar to procurement.
D. All information gathered in complying with the procedures of this policy shall be preserved and
filed with the documentation supporting the subsequent purchase or public works contract.
SECTION IV
The lowest responsible quote or proposal shall be awarded the purchase or public works contract
unless the purchaser prepares a written justification providing reasons why it in the best interest of the
Town and its taxpayers to make an award to other than the lowest bidder ot proposer. If a bidder ir
proposer is not deemed responsible, facts supporting the judgment shall be documented and filed with
the records supporting the procurement.
SECTION V
In accordance with the General Municipal Law Section 104-b(2)(f), the solicitation of alternative
quotations or proposals will not be required but must be documented in writing where, in the best
interest of the municipality, proper qualifications are not necessarily found in the individual or
company that offers the lowest price, and the nature of goods or services are such that they do not
readily lend themselves to competitive procurement procedures, as in the following circ umstance:
A. Professional services or services requiring special or technical skill, training or expertise.
Professional and technical services shall include, but not limited to the following:
1. Services of an attorney;
2. Services of a physician;
3. Technical services of an engineer or architect engaged to prepare plans, maps and
estimates:
4. Securing insurance coverage and/or services of an insurance broker;
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5. Services of a certified public accountant;
6. Investment management services;
7. Printing services involving extensive writing, editing or artwork;
8. Management of municipally owned property; and
9. Computer software or programming services for customized programs or services involved
in substantial modifications and customizing or prepackaged software.
B. The individual or company must be chosen based on accountability, reliability, responsibility, skill,
education and training, judgment, integrity and moral worth. In determining whether a service fits
into this category, the Town Board shall take into conside ration the following guidelines:
1. Whether the services are subject to state licensing or testing requirement;
2. Whether substantial formal education or training is a necessary prerequisite to the
performance of the services; and
3. Whether the services require a personal relationship between the individual and municipal
officials.
SECTION VI
Except when directed by the Town Board, no solicitation of written proposals or quotation as
otherwise provided for in this policy shall be required under the following circumstances:
A. Contracts for emergency purchase or services pursuant to General Municipal Law Section 104(4).
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 life, health, safety or welfare of the
residents of the Town. This section does not preclude alternate proposals it time permits.
B. Procurements for which there is no possibility of competition (sole source items).
C. Goods under $250.00 and public works contracts for less than $500.00. The time and
documentation required to purchase through this procurement policy may be more costly than the
item itself and therefore not be in the best interest of the taxpayers. In addition, it not likely that
the awarding of such de minimis contracts would be based on favoritism.
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SECTION VII
No portion of this policy shall be construed as preventing the competitive bidding of purchase
contracts under $10,000.00 or public works contracts under $20,000.00 if so desired.
SECTION VIII
This policy shall be reviewed annually by the Town Board at it organizational meeting or as soon
thereafter as is reasonably practical.
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SECTION IX
TOWN OF VIRGIL PROCUREMENT POLICY AMENDMENT TO ADD PIGGYBACKING
Many local governments have been approached by vendors offering goods and services under other
governmental contracts and, in some cases, vendors have asserted that the contract falls within the
exception in GML §103. It is the responsibility of Virgil Town Board to review each proposed
procurement to determine, on advice of the town’s counsel what’s appropriate and whether the
procurements falls within the exception .
The three prerequisites that must be met in order for a procurement of apparatus, materials,
equipment and supplies, and related installation, repair and maintenance services, to fall within this
exception:
1. The contract must have been let by the United States or any agency thereof, any state or any other
political subdivision or district therein. Therefore, there must be an underlying contract let by one
of the listed governmental entities. Contracts developed for use by local governments that are let
by private parties (e.g., a private company, association or not-for-profit corporation is the party
awarding the contract to the vendor), and not by the United States or any agency thereof, any state
or any other political subdivision or district therein, would not fall within the exception.
The phrase “any state or other political subdivision or district therein” clearly includes other states,
and political subdivisions in other states. In our view, it also includes New York State political
subdivisions. Therefore, in addition to the current competitive bidding exception for certain
purchases through contracts of New York State counties (County Law § 408 -a; GML § 103 [3]), local
governments also may purchase through qualifying contracts let by other New York State political
subdivisions under this exception.
2. The contract must have been made available for use by other governmental entities. This means
that the other governmental entity has taken steps to make its contract available for New York
local governments. In general, this would occur by inclusion in the contract let by the other entity
of a clause extending the terms and conditions of the contract to other go vernmental entities.
Unilateral offers by vendors to extend contract pricing and other terms and conditions would not
fall within the exception.
3. The contract must have been “let to the lowest responsible bidder or on the basis of best value in a
manner consistent with this section.” The term “consistent with this section” refers to General
Municipal Law § 103 (and related case law) applicable to New York State political subdivisions. The
purchasing local government would need to obtain background information on the procedures
used to let the contract and, as necessary, consult with its counsel, to determine whether this
prerequisite is met. Additional guidance on complying with this prerequisite follows.
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DETERMINING CONSISTENCY WITH GML § 103
In order for a non-New York contract to have been let to the lowest responsible bidder or on the basis
of best value (competitive offering)3 in a manner “consistent” with GML § 103, the procedures used
by that government need not be exactly the same as those under GML § 103. Rather, the procedures
for letting the non-New York contract must be in harmony or general agreement with, and further the
same principles as the competitive bidding or best value requirements of GML § 103.4 In this regard,
the courts in this state have stated that the underlying purposes of GML § 103 are to guard against
favoritism, improvidence, extravagance, fraud and corruption, and to foster honest competition in
order that the local government may obtain the best goods and services at the lowest possible price to
protect the public fiscally.
Based on the provisions of GML § 103 as construed by the courts in this State, and the underlying
purposes of GML § 103, we believe there are four fundamental elements that should be present in the
procedures used by the non-New York entity in letting its contract in order for the process to have
been let to the lowest responsible bidder or on the basis of best value consistent with GML § 103.
These elements are:
Public solicitation of bids or, in the case of best value, offers. A public solicitation is consistent with the
statutory advertising requirement in GML § 103, and serves to ensure that the purposes of GML § 103
are furthered.
Submission of sealed bids or offers, or analogous procedures to secure and preserve the integrity of
the process and confidentiality of the bids or offers submitted. A secure competitive bidding or best
value process is consistent with the sealed competitive bidding and competitive offering requirements
of GML § 1037 and helps foster honest competition and guard against collusion.
Preparation of specifications or a similar documentation provides a common standard for bidders or
proposers to compete fairly. Consistent with the purposes of GML § 103, the contracting entity, in
advance of the submission of bids or offers, should convey the nature of the goods or services and
other information necessary for prospective bidders or proposers to make an intelligent evaluation and
bid or offer, without being unduly restrictive. In the case of a best value process, this generally should
include a description of the manner in which the evaluation of the offers and award of the contract will
be conducted and, as appropriate; identify the relative importance or weight of price and non -price
factors.
Award to the lowest bidder who materially or substantially meets the bid specifications and is
determined to be a responsible bidder, or in the case of a best value process, an award to the
responsive and responsible proposer which optimizes quality, cost and efficiency, reflecting objective
and quantifiable analysis, whenever possible. A contract awarded through a negotiation process would
not be consistent with the requirements and purposes of awarding to the lowest responsible bidder or
on the basis of best value in a manner consistent with GML § 103.
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OTHER FACTORS TO CONSIDER; INTERNAL CONTROLS
Contractual Relationship: By placing an order with the contract vendor, the Purchasing local
government generally will be entering into a contractual relationship with that vendor in accordance
with the terms and conditions of the contract. Accordingly, local officials, in consu ltation with the
attorney for the local government as necessary, should carefully review those terms and conditions
before making the purchase. In some cases, the contract may have been let in a manner consistent
with GML § 103, but the terms and conditions of the contract may conflict with other New York State
laws or regulations. This could result in the local government being unable to use the contract.
Audit of Claims: The payment to the contract vendor will be subject to standard procedures for clai ms
processing, including audit of claims procedures.
Cost Savings Justification: Unlike recent amendments to GML §§ 103 and 104
pertaining to county and certain federal contracts (e.g. L 2003, ch 62; L 2011, ch 97), GML § 103 does
not expressly require local governments to consider whether the contract will result in cost savings.
Nonetheless, local officials should perform a cost-benefit analysis before utilizing this exception. This
will help ensure that the local government is furthering the underlying purposes of the new law, and
that the procurement is consistent with the purposes of GML § 103. The analysis should be used to
demonstrate whether “piggybacking” is cost effective and should consider all pertinent cost factors,
including any potential savings on the administrative expense that would be incurred if the local
government initiated its own competitive bidding or best value process.
Documentation: Local governments should maintain appropriate documentation to allow for a
thorough review of the decision to use this exception to competitive bidding by local government
officials, external auditors and taxpayers. This documentation may include such items as copies of the
contract, analysis of the contract to ensure it meets the three prerequisi tes stated above, and cost
savings analysis including consideration of other procurement methods.
PROCUREMENTS BELOW THE BIDDING MONETARY THRESHOLD; POLICIES AND PROCEDURES
As noted, GML § 103 provides an exception to the requirements of subdivision one of that section.
However, procurements that are below the monetary thresholds set forth in Section 103 (1)13 (or
otherwise fall within another exception, such as emergency purchases)14 already are exempt from the
requirements of GML § 103. Those procurements, instead, are subject to the local government’s own
procurement policies and procedures adopted pursuant to GML § 104 -b. Therefore, whether a local
government may make purchases that are below the statutory thresholds by “piggybacking” on
contracts let by governmental entities listed in GML § 103 (16) will be governed by the local
government’s own procurement policies.
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SECTION X
Town of Virgil procurement policy amendment NJPA .
The Town of Virgil recognizes the National Joint Powers Alliance® as a national public service agency
committed to serving our Members nationally and locally through a variety of valued programs. As a
public agency, they are committed to providing cooperative solutions that assist Government and
Education entities as they strive for efficient public service.
The town of Virgil’s Member number is 94417.
Per. N.Y. GEN. MUN. §103
[Expires and deemed repealed Aug. 1, 2017, pursuant to L.2012, c. 308, § 2.] Notwithstanding the
provisions of subdivisions one, two and three of this section, and section one hundred four of this
article, any officer, board or agency of a county, political subdivision or of any district therein
authorized to make purchases of apparatus, materials, equipment or supplies, or to contract for
services related to the installation, maintenance or repair of apparatus, materials, equipment, and
supplies, may make such purchases, or may contract for such services related to the installation,
maintenance or repair of apparatus, materials, equipment, and supplies, as may be required by such
county, political subdivision or district therein through the use of a contract let by the United States of
America or any agency thereof, any state or any other county or political subdivision or district therein
if such contract was let in a manner that constitutes competitive bidding consistent with state law and
made available for use by other governmental entities.
The authority provided to counties, political subdivisions and districts therein pursuant to this
subdivision shall not relieve any obligation of such county, political subdivision or district therein to
comply with any applicable minority and women-owned business enterprise program mandates and
the preferred source requirements of section one hundred sixty-two of the state finance law.
It is the responsibility of Virgil Town Board to review each proposed procurement to determine on advice
of the town’s counsel what’s appropriate and whether the procurements falls within the exception .
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