Village Of Sackets Harbor
 Minutes 

December 13, 2016: 2016 12-13 Village Board Meeting Minutes

Table Of Contents:
Body:

Village of Sackets Harbor Board of Trustees

December 13, 2016

Regular Meeting

112 N. Broad St.

Sackets Harbor, NY 13685

 

 

Present: Mayor Vincent Battista, Deputy Mayor Barbara Boulton, Trustee Daniel Frechette, Trustee Molly Reilly, Trustee James Bray.

The Meeting was called to order at 6:30 pm with the Pledge of Allegiance. Mayor Battista welcomed new Trustee, James Bray.

ANNUAL MEETING BUSINESS

The following items are presented at the annual Village Board meeting held in December of each year:

·         Authorize payment in advance of audit, claims for public utility service, postage, freight, payroll taxes and express fees, medical, dental, life and disability insurance premiums as well as advance registrations for conferences and classes.

·         Designate the Regular Open Meeting dates of the Board of Trustees as the second Tuesday of each month to commence at 6:30 PM.

·         Designate the Depository Institutions for the Village of Sackets Harbor as:  Watertown Savings Bank and Community Bank.

·         Authorize the following check signing procedure, the Treasurer or Mayor may sign checks.

·         Designate the official newspaper for the Village of Sackets Harbor as the Watertown Daily Times.

·         Authorize the mileage rate to be as set by the IRS guidelines.

·         Authorize officials and employees to attend meetings, conferences and workshops.

·         Authorize Village and Employee co-payment of medical and dental insurance premiums (Village pays 90% of premium, employee pays 10% premium). For employees hired after June 1, 2010, the Village will pay 75% of premium and employees will pay 25% of premium.

·         Authorize the Village share of the Treasurer’s health insurance premium to be paid to the Town of Wilna

·         Authorize the following appointments for the following terms:

o   Deputy Mayor – Barbara Boulton –one year

o   Treasurer – James Yuhas - one year

o   Deputy Treasurer – Mary Ann Yuhas – one year

Village of Sackets Harbor Board of Trustees

Regular Meeting

December 13, 2016

Page 1 of 5

 

 

 

o   Village Clerk – Margaret Kelly – one year

o   Deputy Clerk – Karyn Mintz Cordero – one year

o   Village Registrar – Margaret Kelly – one year

o   Deputy Registrar – Karyn Mintz Cordero –one year

o   Zoning Enforcement Officer – James Corbin - one year

o   Heritage Area Director – David Altieri - one year

o   Visitor’s Center Director – Gail Gorgen - one year

o   Village Historian – Jeannie Brennan & Constance Brennan-Barone - one year

o   Village Attorneys – David Geurtsen & Dennis Whelpley - one year

o   Village Engineer – Bernier, Carr & Associates - one year

o   Village DPW Superintendent – Lonny Reinhardt

Coin Deposit Policy:

DPW staff is to retrieve coins from the water dispensers, place them in the deposit bags to be provided by Watertown Savings Bank, lock the bags and return them to the bank to be counted and deposited.

 

The Investment Policy is unchanged and follows the last page of these minutes.

 

The Acceptance of Credit/Debit Card of ACH Payment for Village Taxes and Water/Sewer Bills Policy is unchanged and follows the last page of these Minutes.

 

A motion was made to approve the above presented items, appointments and policies by Deputy Mayor Boulton and seconded by Trustee Bray. Vote 5 ayes (Battista, Boulton, Frechette, Reilly and Bray), 0 nays.

 

The Procurement Policy requires a Resolution (2016 12-01) and it follows the last page of these minutes. The Policy was unchanged from last year.

Motion made by Trustee Frechette and seconded by Trustee Reilly.

 

Village Board Member                             Vote

Mayor Vincent Battista                            Aye

Deputy Mayor Barbara Boulton               Aye

Trustee Daniel Frechette                           Aye    

Trustee Molly Reilly                                 Aye    

Trustee James Bray                                   Aye

 

REVIEW OF MINUTES

The minutes of the November 9, 2016 meeting were approved as presented in a motion made by Trustee Reilly and seconded by Trustee Frechette. Vote 5 ayes (Battista, Boulton, Frechette, Reilly and Bray), 0 nays.

 

 

Village of Sackets Harbor Board of Trustees

Regular Meeting

December 13, 2016

Page 2 of 5

The minutes of the November 16, 2016 meeting were approved as corrected in a motion made by Mayor Battista, seconded by Trustee Reilly. Vote 5 ayes (Battista, Boulton, Frechette, Reilly and Bray), 0 nays.

 

MAYORS REPORT AND CORRESPONDENCE

 

A presentation was given by Sensus and HD Supply on changing the water meter records to a cloud based system.

Additional seasonal “No Parking” signs were requested by OIC Paul Trudeau.

It was requested that a “No overnight parking” notice be posted on the marquee.

Trustee Reilly requested that a container of sand be located on Main St. for use by the local businesses.

Village Engineer, Kris Dimmick, gave an update on the Main St. project.

Trustee Reilly had additional questions regarding the Tri-County Energy Consortium. She will contact John Warneck and let the board know what she found. There will be a special meeting to review this on Wednesday, December 21, 2016 at 6:30 pm.

 

PUBLIC COMMENT

The meeting was opened for public comment at 7:25 pm.

 

Eric Constance, 112 W. Washington St, is concerned about the impact the proposed intake and seawall project will have on the water rates.

Public comments were closed at 7:28 pm.

 

NEW BUSINESS

The application from the Chamber of Commerce for a summer Farmer’s Market on Sundays from 9 am to 1 pm was approved in a motion made by Trustee Bray, seconded by Deputy Mayor Boulton. Vote 4 ayes (Battista, Boulton, Frechette and Bray), 0 nays, 1 abstained (Reilly).

For the proposed Water Intake and Seawall Project, the Board approved the Negative Declaration in the attached SEQR Resolution in a motion made by Trustee Frechette and seconded by Mayor Battista. . Vote 5 ayes (Battista, Boulton, Frechette, Reilly and Bray), 0 nays in a roll call vote.

 

The attached Water Intake Improvements Bond and Authorization Resolution was passed in a motion made by Trustee Frechette and seconded by Mayor Battista. Vote 5 ayes (Battista, Boulton, Frechette, Reilly and Bray), 0 nays in a roll call vote.

 

 

TRUSTEE COMMITTEE REPORTS

Deputy Mayor Boulton made a motion to pay the JMF printing invoice for the ½ page ad in the 1000 Islands magazine for the Marketing committee. It was seconded by Mayor Battista and passed with a vote of 5 ayes (Battista, Boulton, Frechette, Reilly and Bray), and 0 nays.

 

 

 

Village of Sackets Harbor Board of Trustees

Regular Meeting

December 13, 2016

Page 3 of 5

She reported that Tim Scee requested on behalf of the town, that a joint committee be set up to coordinate efforts on the Galloo Island Wind Farm Project. Trustees Bray and Frechette volunteered for the committee.

 

Trustee Frechette reported that the DEC plans to have the State issue a Certificate of Completion for the LDC project. The LDC is changing their bank to avoid the service charges they are currently receiving.

 

Trustee Reilly reported that the Can Am Committee will meet in January and are looking for volunteers and sponsors.

The Chamber of Commerce will be meeting January 3, 2017 and they are also looking for new members.

Trustee Reilly made a motion, seconded by Deputy Mayor Boulton, to have the Village Clerk call any resident whose applications for variance be taken up by the ZBA be mailed notice and called at the phone number indicated on their application beginning immediately. Vote 4 ayes (Boulton, Frechette, Reilly and Bray), 1 nay (Battista).

Trustee Reilly also reported that Tom Dyckes, 448 Ontario St, would like Ontario St. and Brown Shores Rd. to have a priority with the Tree Committee to replace trees taken down in the water system infrastructure work.

 

The new trustee, Trustee Bray, did not have anything to report.

 

TREASURER’S REPORT

The Treasurer’s report was approved in a motion made by Trustee Reilly and seconded by Deputy Mayor Boulton. Vote 5 ayes (Battista, Boulton, Frechette, Reilly and Bray), 0 nays.

A motion was made to pay the bills listed in Abstract #7 with vouchers 509 through 597 by Trustee Bray and seconded by Trustee Reilly. Vote 5 ayes (Battista, Boulton, Frechette, Reilly and Bray), 0 nays.

 

DEPARTMENT HEAD REPORTS

 

DPW Superintendent, Lonny Reinhardt, reported that Bach & Co. will be hauling sludge from the WWTP to the Rodman landfill this week. The old sewer jetter brought $3,000 at auction. The Village took delivery of the new snow plow truck last week. The UV Project will be shutting down for the winter after receipt of the storage racks from the vender. The DPW is doing maintenance at the WWTP blower room.

 

Village Police, OIC Paul Trudeau, reported that he will determine the preferred locations for additional seasonal no parking signs. His request to hire John Poggi as another Officer for the Department was approved in a motion made by Mayor Battista, seconded by Deputy Mayor Boulton. Vote 5 ayes (Battista, Boulton, Frechette, Reilly and Bray), 0 nays.

 

Planning Board Chair, Janet Quinn, reported that their next meeting is December 21, 2016.

 

 

 

Village of Sackets Harbor Board of Trustees

Regular Meeting

December 13, 2016

Page 4 of 5

 

PUBLIC COMMENT

The meeting was opened to public comment at 8:53 pm, with no comments offered.

 

The meeting was adjourned in a motion made by Trustee Bray, seconded by Trustee Frechette, at 8:54 pm. Vote 5 ayes (Battista, Boulton, Frechette, Reilly and Bray), 0 nays.

 

 

 

 

Respectfully submitted,

 

 

Peggy Kelly

Village Clerk

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

                                                                                                                                       

 

 

 

 

 

Village of Sackets Harbor Board of Trustees

Regular Meeting

December 13, 2016

Page 5 of 5

 


INVESTMENT POLICY FOR THE

VILLAGE OF SACKETS HARBOR

Adopted December 13, 2016

 

I.                   SCOPE

 

This investment policy applies to all monies and other financial resources available for investment on its own behalf or on behalf of any other entity or individual.

 

II.                 OBJECTIVES

 

The primary objectives of the Village of Sackets Harbor investment activities are, in                                      priority order;

 

-                      to conform with all applicable federal, state and other legal requirements(legal);

 

-                      to adequately safeguard principal (safety);

 

-                      to provide sufficient liquidity to meet all operating requirements (liquidity); and

 

-                      to obtain a reasonable rate of return (yield).

 

III.              DELEGATION OF AUTHORITY

 

The Village of Sackets Harbor Board’s responsibility for administration of the investment program is delegated to the Village Treasurer, 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.              PRUDENCE

 

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 Village Board 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 decisions.

 

V.                DIVERSIFICATION

 

It is the policy of the Village of Sackets Harbor to diversify its deposits and investments by financial institution, by investment instrument, and by maturity scheduling.

 

VI.              INTERNAL CONTROLS

 

It is the policy of the Village of Sackets Harbor for all monies collected by any officer or employee of the government to transfer those funds to the Village Treasurer with five (5) days of deposit, or within the time period specified in law, whichever is shorter.

 

The Village Treasurer is responsible for establishing and maintaining an internal control structure to provide reasonable, but not absolute, assurance that deposits and investments 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      DESIGNATION OF DEPOSITARIES

 

The banks and trust companies authorized for the deposit of monies up to the following         maximum amounts are:

 

        Depository Name                           Maximum Amount                     Officer

 

Watertown Savings Bank                              $ 3,000,000                                          Treasurer

                                Community Bank                                             $      50,000                                           Treasurer

                               

 

 

 

VIII.         COLLATERALIZING FOR DEPOSITS

 

In accordance with the provisions of General Municipal Law, S10, all deposits of the Village of Sackets Harbor including certificates of deposit and special time deposits, in excess of the amount insured under the provision of the Federal Deposit Insurance Act shall be secured:

 

1.    By a pledge of “eligible securities” with an aggregate “market value”, as provided by General Municipal Law, S10, equal to the aggregate amount of deposits from the categories designated in Appendix A to the policy.

 

2.       By 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.

 

3.       By 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.              SAFEKEEPING AND COLLATERALIZATION

 

Eligible securities used for collateralizing deposits shall be held by the depositary 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 are not registered or inscribed in the name of the local government, such securities shall be delivered in a form suitable for transfer or with an assignment in blank to the Village of Sackets Harbor or its custodial bank.

 

The custodial agreement shall provide that securities held by the bank or trust company, or agent of and custodian 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 should also

describe that the custodian shall confirm the receipt, substitution of securities when a change in the rating of a security may cause ineligibility.  Such agreement shall include all provisions necessary to provide the local government a perfected interest in the securities.

 

 

X.                 PERMITTED INVESTMENTS

 

As authorized by General Municipal Law, S11, the Village of Sackets Harbor authorizes the Village Treasurer to invest monies not required 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 LFL S24.00 or 25.00 (with approval of the State Comptroller) by any municipality, school district or district corporation other than the Village of Sackets Harbor;

 

-               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;

 

-               Certificate of Participation (COPs) issued pursuant to GML, S109-b;

 

-               Obligations of this local government, but only with any monies in a reserve fund established pursuant to GML, S6-c, 6-d, 6-e, 6-g, 6-h, 6-j, 6-k, 6-1, 6-m, or 6-n.

 

                All investment obligations shall be payable or redeemable at the option of the Village of Sackets Harbor within such times as the proceeds will be needed to meet expenditures for purposes for which the monies 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 (unit of government) within two years of the date of purchase.

 

XI.              AUTHORIZED FINANCIAL INSTITUTIONS AND DEALERS

 

                The Village of Sackets Harbor 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 Village of Sackets Harbor.  Security dealers not affiliated with a bank shall be required to be classified as Bank, as primary dealers.  The Village Treasurer 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.            PURCHASE OF INVESTMENTS

 

The Village Treasurer is authorized to contract for the purchase of investments:

 

1.    Directly, including through a repurchase agreement, from an authorized trading partner.

 

2.       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.

 

3.       By utilizing an ongoing investment program with an authorized trading 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 Village of Sackets Harbor 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, S10.

 

The custodial agreement shall provide that securities held by the bank or trust company, as agent of the custodian 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

 

Repurchase agreements are authorized subject to the following restrictions:

 

-               All repurchase agreements must be entered into subject to a Master Repurchase Agreement.

 

-               Trading partners are limited to banks or trust companies authorized to do business in       

 

-               New York State and primary reporting dealers.

 

-               Obligations shall be limited to obligations of the United States of America and obligations guaranteed by agencies of the United States of America.

 

-               No substitution of securities will be allowed.

 

-               The custodian shall be a party other than the trading partner.

 

 

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 thereof of a United States government sponsored corporation.

 

-------       (ii) Obligations issued or fully guaranteed by the International Bank for Reconstruction and Development, the Inter-American Development Bank, the Asian Development Bank, and the African Development Bank.

 

-------       (iii) 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.

 

-------       (iv)  Obligations issued or fully insured or guaranteed by the State of New York, obligations issued by a municipal corporation, school district or 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 money.

 

-------       (v)   Obligations issued by states (other than the State of New York) of the United States rated in one of the three highest rating categories by at least one nationally recognized statistical rating organization.

 

-------       (vi) Obligations of Puerto Rico rated in one of the three highest rating categories by at least one nationally recognized statistical rating organization.

 

-------       (vii) Obligations of counties, cities and other governmental entities of a state other than the State of New York having the poser 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.

 

-------       (viii) Obligations of domestic corporations rated in one of the two highest rating categories by at least one nationally recognized statistical rating organization.

 

-------       (ix)   Any mortgage related securities, as defined in the Securities Exchange Act of 1934, as amended, which may be purchased by banks under the limitations established by bank regulatory agencies.

 

-------       (x)   Commercial paper and bankers’ acceptances issued by a bank, other than the Bank, rated in the highest short term category by at least one nationally recognized statistical rating organization and having maturities of not longer than 60 days from the date they are pledged.

 

-------       (xi) Zero coupon obligations of the United States government marketed as “Treasury strips”.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


POLICY ACCEPTING CREDIT/DEBIT CARDS OR ACH (e-check) PAYMENT

 FOR VILLAGE TAXES

AND VILLAGE WATER AND SEWER BILLS

VILLAGE OF SACKETS HARBOR

Adopted December 13, 2016

 

WHEREAS, the Village Board of Sackets Harbor has been requested by the Village Clerk to adopt a policy to allow credit card/debit card or ACH payment for Village taxes and water/sewer bills,

WHEREAS, the Village Board of Sackets Harbor finds that authorizing such payment methodology will improve efficiency in the Village Clerk's office and encourage prompt payment of those fees and bills, and provide a benefit to Village residents,

Now, Therefore Be It

RESOLVED, that the Village Board of Sackets Harbor hereby adopts the following policy:

The Village Clerk shall be authorized to receive payment for Village tax and water/sewer bills payable to the Village of Sackets Harbor in cash, check or credit card/debit card, or ACH and be it further,

RESOLVED, that the Village Clerk is authorized to enter into agreements on behalf of the Village with respect to credit card/debit card services or ACH payment by which any fees charged by the credit card/debit card or ACH processing company will be charged to the holder of the credit card/debit card or bank account and not to the Village and that the same be done in such a manner that the Village will still receive the full fee or bill and that any charges applicable to the use of the credit card/debit card or ACH processing will become the responsibility of the owner of the credit card/debit card or bank account, and be it further

RESOLVED, that the Village Clerk is hereby authorized to take all necessary steps to implement this policy.

 

 


RESOLUTION 2016-12-01

 

RESOLUTION

 

WHEREAS, The New York State Legislature amended the General Municipal Law by adding Section 104-b which requires all municipalities in the State to adopt certain procurement policies; and

 

                WHEREAS, said law requires the governing Board of each municipality to solicit comments from all municipal officers involved in the procurement process;

 

                NOW, THEREFORE, BE IT RESOLVED THAT, the Village of Sackets Harbor 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 publicly bid:

 

Procurement Policy for the Village of Sackets Harbor

Adopted December 13, 2016

 

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 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 contracts under $10,000 and public works contracts under $20,000; emergency purchases; certain municipal hospital 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.

 

            The decision that a purchase is not subject to competitive bidding will be documented in writing by the Village official making the purchase.  This documentation may include written or verbal quotes from venders, a memo from the purchasing official indicating how the decision was arrived at, a copy of the contract or purchase order, a memo from the Village official detailing the circumstances which led to an emergency purchase, or any other written documentation that is appropriate.

 

2.             All goods and services will be secured by use of written requests or 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: purchases under $500; 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; purchases under State contracts pursuant to Section 104 of the General Municipal Law; purchases under County contracts pursuant to Section 103 (3) of the General Municipal Law; or purchases pursuant to subdivision 6 of this policy:

 

3.             The following method of purchase will be used when required by this policy in order to achieve the highest savings:

 

Estimated Amount of Purchase                                                                                     Method

 

                    $   500 - $2,500                                                                   3 Verbal Quotations

                    $2,501 - $19,999                                                                                3 Written Quotations

 

A good faith effort shall be made to obtain the required number of proposals or quotations.  If the purchasing Village official is unable to obtain the required number of proposals or quotations, that official 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 explanation is 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, how the offeror was not responsible or why the offeror was not responsive.  A determination that the offeror is not responsible or that the offeror was not responsive shall be made by the purchasing official and may not be challenged under any circumstances.

 

6.             In the following circumstances, it is not in the best interest of the Village of Sackets Harbor 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 a category, the 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 service; 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 attorneys; services of physicians; services of engineers; securing insurance coverage; services of accountants; 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.      It is not in the best interest of the Village to solicit alternate proposals for 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 because a delay to seek alternate proposals may threaten life, health, safety or welfare of the residents.  This section does not preclude alternate proposals of time permits.

 

c.     It is not in the best interest of the Village to solicit alternate proposals for purchases of surplus and second-hand goods.  If alternate proposals are required, the Village is precluded from purchasing surplus and second-hand goods at auctions or through specific advertised sources where the best prices are usually obtained.  It is also difficult to try to compare prices of used goods and a lower price may indicate an older product.

 

d.    Any goods or services under $500 need not be purchased competitively.  The time and documentation required to purchase through this policy may be more costly than the item in this type of circumstance and would therefore not be in the best interests of the taxpayer.

 

e.      It is not in the best interest of the Village to solicit alternate proposals for the purchase of utility services or postage as they are sole source acquisitions.

 

7.        This policy shall go into effect January 1, 1992, and will be reviewed annually.             

 

Resolution entered into motion, seconded and voted on this 13th day of December, 2016.

 

Motion made by Trustee Frechette and seconded by Trustee Reilly

 

Village Board Member                                     Vote                                        

Trustee James Bray                                          Aye                                                                 

Trustee Daniel Frechette                                  Aye                                         

Trustee Molly Reilly                                        Aye                                                                 

Deputy Mayor Barbara Boulton                                   Aye                 

Mayor Vincent Battista                                                Aye                 

 

 

                       

STATE OF NEW YORK             )

                                                                )SS.:

COUNTY OF JEFFERSON        )

                I, Margaret Kelly, Village Clerk of the Village of Sackets Harbor, County of Jefferson, State of New York do hereby certify that I have compared the resolution attached hereto with the original thereof filed in my office at 112 N. Broad Street, Sackets Harbor, New York on the 13th day of December 2016 and that the same is a true and correct copy of said original and of the whole thereof.

                In Testimony Hereof, I have hereunto set my hand and affixed the seal of the Village of Sackets Harbor this 13th day of December 2016.

 

                                                                                                _____________________________

                                                                                                Village Clerk of the Village of Sackets Harbor

                                                                                                 County of Jefferson, State of New York

 

 

 

 

 

 

 

 

 

 

 

 

 


WATER  I NTAKE  IMPROVEMENTS

 

BOND AND AUTHORIZATION RESOLUTION

 

December 13, 2016

 

ARESOLUTION AUTHORIZING THE CONSTRUCTION, RECONSTRUCTION OF, AND IMPROVEMENTS TO THE WATER TREATMENT PLANT FOR THE VILLAGE OF SACKETS HARBOR INCLUDING REPLACEMENT AND INSTALLATION OF A NEW INTAKE LINE, A NEW INTAKE SCREEN, RAW WATER PUMPING SYSTEM AND SEAWALL RECONSTRUCTION, INCLUDING SITE IMPROVEMENTS, ORIGINAL FURNISHINGS, EQUIPMENT, MACHINERY AND APPARATUS (THE  "PROJECT")  AT  A  TOTAL  MAXIMUM  ESTIMATED  COST  OF

$3,600,000 AND AUTHORIZING THE ISSUANCE OF $3,600,000 SERIAL BONDS TO PAY THE COSTS THEREOF.

WHEREAS, the Board of Trustees of the Village of Sackets Harbor (the 11 Board11) has determined that the proposed construction and financing of the improvements to its Water Treatment Plant, including the replacement and installation of a new intake line, a new intake screen, raw water pumping system and  seawall reconstruction, including site improvements, equipment, original furnishings, machinery and apparatus thereto as generally described in the Preliminary Engineering Report of Water Intake Improvements by Bernier, Carr & Associates, P.C., last revised June 2016 (the 11 Project11), is a Type I Action as defined in the State Environmental Quality Review Act (SEQR) pursuant to 6 NYCRR Part 61 7 and the State Environmental Review Process ("SERPA") and the Board has conducted a coordinated review with all Involved Agencies and has issued a negative declaration under SEQR and SERPA. The Project is consistent with the Village's Local Waterfront Revitalization Program Policies and Goals.

WHEREAS, the Board now desires to provide for the authorization and financing of the Project;

NOW, THEREFORE, BE IT RESOLVED by the Board of Trustees of the Village of Sackets Harbor as follows:

Section 1. The Project at a total maximum estimated cost of $3,600,000 is hereby approved and authorized.


 

Section 2. The plan for financing the total maximum estimated cost of $3,600,000 is the issuance of not more than $3,600,000 serial bonds (the 11 Bonds11) of the Village (or at such amount as may be reduced by the amount of a grant or other debt forgiveness from United States Department of Agriculture, Rural Development ("RD"), the New York State Environmental Facilities Corporation ("EFC"), New York State Department of Environmental Conservation ("DEC") or other sources that may become available to the Village, which expenditure and issuance of the Bonds are hereby authorized, pursuant to the provisions of the Local Finance Law. Pursuant to Section 107.00 (d) (3) (a) and 9 of the Local Finance Law, the Project is exempt from the requirement for a down payment under the requirements of Section 107.00 (b) of the Local Finance Law.

Section 3. The proposed maturity of the Bonds will be in excess of five years.

 

Section 4. The power to prescribe the terms, form and contents of the Bonds herein authorized is hereby delegated to the Treasurer, the Chief Fiscal Officer of the Village, consistent with this resolution and the provisions of the Local Finance Law.

 

Section 5. It is hereby determined that the period of probable usefulness of the aforesaid objects or purposes is forty years pursuant to subdivision 1 of paragraph a of Section 11.00 of the Local Finance Law.

 

Section 6. Subject to the provisions of the Local Finance Law, the  power  to authorize the issuance of and to sell bond anticipation notes in anticipation  of  the issuance and sale of the Bonds herein authorized, including renewals of such notes, is hereby delegated to the Treasurer, the Chief Fiscal Officer of the Village. Such notes shall be of such terms, form and contents, and shall be  sold in such manner, as may be prescribed by the Treasurer, consistent with the provisions of the Local Finance Law. The Treasurer is further authorized to elect to sell the Bonds and Bond Anticipation Notes and renewals thereof, providing for substantially  level or declining debt service.

 

Section 7. The Village Treasurer, as Chief Fiscal Officer of the Village, is further authorized to sell all or a portion of the Bonds or Bond Anticipation Notes to RD, DEC and/or EFC, or any other source of funds, in the form prescribed in loan agreements (the "Loan Agreements") between the Village and the EFC, RD, DEC or any other source of funds; to execute and deliver on behalf of the Village Loan and Grant Agreements, Project Financing Agreements, and Letters of Intent with the EFC, RD and/or DEC, or any other source of funds and to accept the definitive terms of Loan and Grant Agreements from EFC, DEC, RD or any other source by executing and delivering Terms Certificates; and to execute such other documents, and take such other actions, as are necessary or appropriate to obtain loans, grants or other forms of debt relief or financial assistance from the EFC, DEC. RD or any other source of funds for all or a portion of the costs of the expenditures authorized by this Resolution, and perform the Village's obligations under its


 

Bonds and Bond Anticipation Notes delivered to the EFC, DEC and  RD  or  any  other source of funds, the Project Financing Agreements and the Loan and Grant Agreements or other agreements providing financial assistance for the Project.

 

Section 8. The Bonds, and any Bond Anticipation Notes issued in anticipation of the Bonds, shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law and the Bonds, and any Bond Anticipation Notes issued in anticipation of the Bonds, shall be general obligations of the Village, payable as to both principal and interest by a general tax upon all the real property within the Village without legal or constitutional limitation as to rate or amount. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such obligations becoming due and payable in such year.

Section 9. The validity of the Bonds and Bond Anticipation Notes may be contested only if:

1.     Such obligations are authorized for an object or purpose for which the Village is not authorized to expend money, or

2.    The provisions of law which should be complied with at the date of the publication of a summary of this resolution are not substantially complied with,  and an action, suit or proceeding contesting such validity is commenced within twenty days after such  publication,  or

 


 

Constitution.


3.      Such obligations  are authorized  in violation  of the provisions of the


Section 10. This resolution sets forth the declaration of the Village' s official intent to reimburse the expenditures authorized by this resolution with the proceeds of the bonds and bond anticipation notes authorized herein as required by Treasury Regulation Section 1.150-2.

Section 11. The Treasurer, as the Chief Fiscal Officer of the Village, is  hereby authorized and directed to covenant for the benefit of the bond holder(s) to provide the financial information  and operating data and notice of  material  events  required  pursuant to  17 Code of  Federal  Regulations  §240.15c  2-12,  Municipal  Securities   Disclosure,  and pursuant to the Securities Exchange Act of 1934, as amended.

 

Section 12. The temporary use of available funds of the Village, not immediately required for the purpose or purposes for which the same were borrowed, raised or otherwise created, is hereby authorized pursuant to Section 165.10 of the Local Finance Law for the capital purposes described in Section 1 of this Resolution.


 

Section 13. This Resolution, which takes effect as stated in Section 14, shall be summarized and published in the official newspapers of the Village, together with a notice of the Village Clerk in substantially  the form and for the period provided in Section 81.00 of the Local Finance Law.

 

Section  14.  This resolution is adopted subject to permissive referendum in accordance with Section 36.00 of the Local Finance Law and Article 9 of the Village Law. This Resolution shall take effect thirty (30) days after its adoption or, if a petition is filed pursuant to Article 9 of the Village Law, upon the affirmative vote of a majority of the qualified electors of the Village voting on the referendum.

 

Dated:    December 13, 2016

 

Introduced by:  Trustee Dan Frechette

Seconded by:   Mayor Vincent Battista

Voting Aye:                 Mayor Vincent Battista          

                        Deputy Mayor Barbara Boulton

                        Trustee Dan Frechette

                        Trustee Molly Reilly

                        Trustee James Bray

 

Voting Nay:     (no one)

 

Absent:            (no one)

 

Abstained:       (no one)

 

 

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