Mayor Wona called the re-organization meeting to order at 7:01 p.m.  Mayor Wona reminded everyone that the meeting is being tape recorded and to turn off all cell phones.

 

Present were, Mayor:  Brian W. Wona, Village Trustees: Diane Loeven, Kenny Coppola, Robert Bennett, Ike Palmer;  Christine DiPoalo,  Howard Dallow, Mary Beth Horzepa,  Tony Coppola, V. M. Coppola, Gary Seeley, Jim Gray, Chad Volpe, Rebecca Long, Charles Rubin

 

Motion made by Kenneth Coppola; second; Robert Bennett:  to appoint the following commissioners; all in favor; zero opposed; motion carried

 

COMMISSIONERS:  the Mayor, as Chief Executive Officer, sits as a member                                     of each separate Board of Commissioners  

Public Health                         Diane Loeven

Water                                     Kenny Coppola

Fire Dept.                               Robert Bennett

Public Works                         Kenny Coppola

Parks                                      Kenny Coppola

Sanitation & Refuse              Kenny Coppola

Storm Water                          Ike Palmer

Community Devel.                Brian W. Wona, Christine DiPoalo

Recreation                              Diane Loeven

 

Motion made by Kenneth Coppola; second by Diane Loeven to appoint the following Liasons; all in favor; zero opposed; motion carried                                  

Liaisons: 

Teamster’s Union 445/Labor           Ike Palmer  

Planning Board                                 Robert  Bennett

ZBA                                                    Robert  Bennett

DCO                                                   Ike Palmer

Building &                                         Robert  Bennett

Fire Inspector                    

Police                                                  Diane Loeven

Town of Mt. Hope                             Diane Loeven

OC Planning                                      Robert  Bennett

OC Parks                                           Kenneth Coppola

Little League                                      Kenneth Coppola

Street Lighting                                   Ike Palmer

Celebrations                                      Ken Coppola

Fed. & State Correctional               Diane Loeven

Minisink Valley Schools                  Ike Palmer      

OC Dept. of Public Health              Frank Valentino 

 

 

 

 

Motion made by Robert Bennett, second by Ike Palmer to appoint the following official; all in favor, zero opposed; motion carried

 

Appointed Officials:           [annual appointments unless otherwise noted]

Deputy Mayor                       Kenneth Coppola     

Village Clerk/Treasurer       Christine DiPoalo   (to 3/31/15)

Deputy Clerk/Treasurer       Dawn Wyman            

Village Attorney                    Howard Dallow

Village Auditor                      Kelli Walsh

Building Inspector                 Peter Ackerson 

Fire Inspector                        Dan Dodd

Asst. Fire Inspector               Village Engineer

Reg. Vital Statistics               Kathleen Myers  

Dep. Reg. Vital Stat              Amy Hassenmayer

Dog Control Officer              Thomas Yonski

Supt. of Highways                 Frank C. Valentino Jr. (to 3/31/15)

EM Coordinator                   Tony Coppola, Sr.

Asst. EM Coordinator          Vacant

 

Motion made by Kenneth Coppola; second by Robert Bennett to approve the following miscellaneous assignments; all in favor, zero opposed; motion carried

Misc. Assignments:

Village Custodian                    Brenda Daigle

Village Historian                      Gail Heatherly

Website Admin.                      Christine DiPoalo

Water Plant Operator             Frank C. Valentino Jr.

Deputy Water Plant Op.        Rafaele Carson

 

Motion made by Diane Loeven; second by Kenneth Coppola to approve the following professional services; all in favor, zero opposed; motion carried

 

Professional Services:

Planning/ZBA Atty.            Richard Guertin         

Village Accountant              Kelli Walsh

Village I.T. Management   Paul Joseph Anello Network Technologies  

 

Motion made by Robert Bennett; second by Diane Loeven to appoint Robert Clouse to the Planning Board through 3/15/18; all in favor, zero opposed; motion carried

 

Motion made by Kenneth Coppola; second by Ike Palmer to appoint Robert Clouse as Planning Board Chair Person; all in favor, zero opposed; motion carried

 

Motion made by Robert Bennett; second by Ike Palmer to appoint Regina Butts as Planning Board Secretary through 3/31/15; all in favor, zero opposed; motion carried  

 

Planning Board:       

                                                Peter Livanos             3/31/19

                                                Josh Salvagin            3/31/16

                                                William Baines           3/31/15

                                                Donald Lewis             3/31/17

                                                Robert Clouse            3/31/18

                       

P.B. Secretary                        Regina Butts              3/31/15

P.B. Chairperson                   Robert Clouse           3/31/15

 

Motion made by Diane Loeven; second by Ike Palmer to re-appoint Kathy Coppola to the Zoning Board of Appeals through 3/31/19; all in favor, zero opposed; motion carried

 

Motion made by Kenneth Coppola; second by Robert Bennett to appoint Audrey Kulibaba as ZBA Secretary through 3/31/15; all in favor, zero opposed; motion carried

 

Motion made by Diane Loeven; second by Robert Bennett to appoint Maureen Coppola as ZBA Chairperson through 3/31/15; Kenneth Coppola abstained, all others in favor, zero opposed; motion carried

 

Zoning Board of Appeals:

                                                Angelo Pagano                     3/31/17 

Kathy Coppola                     3/31/19                                                                          Joseph Fornera                    3/31/16

                                                Mary Ann McDonough       3/31/15

                                                Maureen Coppola                3/31/18

 

ZBA Secretary                      Audrey Kulibaba                   3/31/15

ZBA Chairperson                 Mauren Coppola                   3/31/15                                               

 

Motion was made by Kenneth Coppola; second by Robert Bennett to approve the following Fire Dept. personnel; all in favor, zero opposed; motion carried

                                     

Fire Department: 

Fire Chief                                   Anthony Coppola

Fire Dept. Sec.                           Heather Dodd       

1^st Asst. Chief                             Vincent Coppola

2nd Asst. Chief                         Vacant

Fire Truck Custodian               Charles Rubin

Fire House/Grounds Cust.         Brenda Daigle

                                                       

Motion made by Kenneth Coppola; second by Robert Bennett to approve the following Commitees; all in favor, zero opposed; motion carried

 

COMMITTEES:

Review:  Diane Loeven, William Baines, Lee Runnalls. V. M. Coppola                                                                         

Yard Sale: Diane Loeven, Bill Baines, Ken Coppola, Liz Runnalls, Lois Adamson

 

Parks:  Kenneth Coppola, Bill Baines, Gladys Loeven                                             

                       

Celebrations & Holiday Tree Lighting: Kenny Coppola,

 

Village Update (newsletter):  Diane Loeven, Heidi Phillips

 

Motion to approve the following made by Diane Loeven; second by Kenneth Coppola; all in

Favor, zero opposed; motion carried

 

Official Banks for Village:                           Hometown Bank of the Hudson                      Valley & Sterling National Bank

Official Newspaper:                                      Times Herald Record

Official Engineer for Village:                      McGoey, Hauser and Edsall

Official Insurance Agency:                         J. Hoffman Insurance

Official

• Utility Bills:    To be paid upon receipt
• Postage:          Purchased as needed
• Mileage:          Village will pay $.56. cents per mile

 

Motion to approve the following meeting nights made by Kenneth Coppola; second by Ike Palmer; all in favor, zero opposed; motion carried

Meeting Nights:

 

Board of Trustees:                      1^st & 3^rd Thursday of the month 7:00 p.m.      

Planning Board:                          1^st Wednesday of the month 7:30 p.m.

Zoning Board of Appeals:         2^nd Wednesday of the month 7:00 p.m.

Board Workshop                        As needed

DPW Workshop                        1^st Tuesday of the month @ 5:30p.m.

Fire Dept. Workshop                1^st Tuesday of the month @6:00p.m.   

 

Motion to approve the following policy regarding reports made by Ike Palmer; second by Robert Coppola; all in favor, zero opposed; motion carried

Reports:

• Reports must be filed by every department
• Reports are to be filed with the Village Clerk every month
• Planning & Zoning Board minutes of monthly meetings will be accepted as a monthly report since the minutes detail the Board’s activities.

 

 Motion to approve the following office hours made by Kenneth Coppola; second by Diane Loeven; all in favor, zero opposed; motion carried                                                     

Office Hours                               

Mayor’s Office          Wed. of each month prior to Village Board Meeting

 6:00 p.m. to 8:00 p.m.                   

           Village Clerk                           Mon. thru Fri.   9:00 a.m. to 3:00 p.m.

           Building Inspector                  Wed. evenings   6:00 p.m. to 8:00 p.m   

 

Motion to approve a Resolution to adopt the Village Investment Policy as follows made by Diane Loeven; second by Kenneth Coppola; all in favor, zero opposed; motion carried

 

 WHEREAS, comments have been solicited from all officers in the Village involved in the Investment Policy, now therefore, be it RESOLVED that the Village of Otisville does hereby adopt the following Investment policy, which is intended to apply to all moneys and other

financial resources available for investment on it's own

behalf or on behalf of any other entity or individual.

 

INVESTMENT POLICY FOR THE VILLAGE OF OTISVILLE - 2014

 

I.  SCOPE

     This investment policy applies to all moneys and other

financial resources available for investment on it's own

behalf or on behalf of any other entity or individual.

 

II. OBJECTIVES

     The primary objectives of the Village of Otisville's

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 Board of Trustees' responsibility for

administration of the investment program is delegated to the

Village Clerk/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 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 of Otisville Board of Trustees 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.  DIVERSIFICATION

     It is the policy of the Village of Otisville Board of

Trustees to diversify it's deposits and investments by

financial institution, by investment instrument, and by

maturity scheduling.

 

VI. INTERNAL CONTROLS

     It is the policy of the Village of Otisville Board of

Trustees for all moneys collected by any officer or employee

of the government to transfer those funds to the Village

Clerk/Treasurer within 10 days of deposit, or within the time

period specified in law, whichever is shorter.

     The Village Clerk/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 DEPOSITORIES

     The Village Clerk/Treasurer is hereby authorized to

deposit all revenue in Hometown Bank of the Hudson Valley (a BDD approved Federal Savings and Loan Association and Loan Association) and Sterling National Bank which are members of the FDIC.

 

VIII.COLLATERALIZING OF DEPOSITS

    In accordance with the provisions of General Municipal

Law, S10, all deposits of the Village of Otisville, 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:

     1.  By a pledge of "eligible securities" with an

         aggregate "market value", or 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 1 year with an aggregate value equal to

         100% 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 Federal Home Loan Bank of New York 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 Otisville 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 or

release of the securities.  The agreement shall provide for

the frequency of revelation 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 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 Otisville authorizes the Village Clerk/Treasurer to invest

moneys 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 s 24.00 or 25.00

        (with approval of the State Comptroller)  by any

        municipality, school district or district corporation

        other than the Village of Otisville;

     -  Obligations of public authorities, public housing

        authorities, urban renewal agencies and industrial

        development agencies where the general the general

        State statutes governing such entities or whose

        specific enabling legislation authorizes such

        investments.

     -  Certificates of Participation (COPS) issued pursuant

        to GML, s109-b,

     -  Obligations of this local government, but only with

        any moneys in a reserve fund established pursuant to

        GML, s6-c,6-d,6-e,6-g,6-h,6-j,6-k,6-l,6-m,6-n.

 

     All investment obligations shall be payable or

redeemable at the option of the Village of Otisville, Board

of Trustees 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 Village of Otisville Board of Trustees

within two years of the date of purchase.

 

XI.  AUTHORIZED FINANCIAL INSTITUTIONS AND DEALERS

     The Village of Otisville Board of Trustees 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 Thrift Financial Report (TFR) at

the request of the Village of Otisville Board of Trustees.

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 dealers.  The Village

Clerk/Treasurer is responsible for evaluation 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 Clerk/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 tracking partner pursuant to a contract

         authorized by the governing Board.

 

 

All purchase obligations, unless registered or inscribed in

the name of the Village of Otisville, 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

Otisville Board of Trustees 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 a

described in General Municipal Law, s10.

     The custodial agreement shall provide that securities

held by the bank or trust company, as agent of and custodian

for, the Village of Otisville, will be kept separate and

apart from the general assets of the custodial bank of 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 Village of Otisville 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 de business in New York State

        and primary reporting dealers.

     -  Obligations shall be limited to obligations of the

        United States of America and obligations of agencies

        of the United States of America where principal and

        interest are guaranteed by 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

 

  - Obligations issued, or fully insured or guaranteed as to

    the payment of principal and interest, by the United

    States of America, an agency thereof or a United States

    government sponsored corporation.

  - 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.

  - Obligations partially insured or guaranteed by any agency

    of the United State of America, at a proportion of the

    Market Value of the obligation that represents the amount

    of the insurance or guaranty.

  - 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.

  - Obligations issued by states (other that 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.

  - Obligations of Puerto Rico rated in one of the three

    highest rating categories by at least one nationally

    recognized statistical rating organization.

  - Obligations of counties, cities and other governmental

    entities of a state other that the State of New York

    having 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.

  - Obligations of domestic corporations rated in one of the

    town highest rating categories by at least one nationally

    recognized statistical rating organization.

  - Any mortgage related securities, as defined in the

    Securities Exchange Act of 1934, as amended, which may be

    purchase by banks under the limitations established by

    bank regulatory agencies.

  - 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.

  - Zero coupon obligations of the United States government

    marketed as "Treasury strips".

 

 

            SECURITIES TO BE PLEDGED AS COLLATERAL

                    EFFECTIVE JUNE 4, 1997

 

1)  Obligations issued by the United States of America, an

    agency thereof or a United States government sponsored

    corporation or obligations fully insured or guaranteed as

    to the payment of principal and interest by the United

    States of America, an agency thereof or a United States

    government sponsored corporation;

 

2)  Obligations issued or fully insured or guaranteed by this

    state, obligations issued by a municipal corporation,

    school district or district corporation of this state or

    obligations of any public benefit corporation which under

    a specific state statute may be accepted as security for

    deposit of public moneys;

 

3)  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; and

 

4)  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 the guaranty.

 

Motion to accept a Resolution to adopt the Village of Otisville Procurement Policy as follows made by Kenneth Coppola; second by Robert Bennett; all in favor, zero opposed; motion carried

 

 

2014  PROCUREMENT POLICY

VILLAGE OF OTISVILLE

 

     WHEREAS, Section 104-b of the General Municipal Law requires the government body of every municipality to adopt a procurement policy for all goods and services which are not required by law to be publicly bid, and   

     WHEREAS, comments have been solicited from all officers in the Village involved in the procurement process, now therefore, be it RESOLVED that the Village of Otisville 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 OTISVILLE

     1.  Every purchase to be made must be initially reviewed to determine whether it is a purchase contract or a public works contract.  Once that determination is made, a good faith effort will be made to determine whether it is known or can reasonably be expected that the aggregate amount to be spent on the item of supply or service is not subject to competitive bidding, taking into account past purchases and the aggregate amount to be spent in a year.  The following items are not subject to competitive bidding pursuant to

Section 103 of the General Municipal Law: purchase contracts under $20,000.00 and public works contracts under $35,000.00; 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 secondhand purchases from another governmental, entity.

     The decision that a purchase is not subject to competitive bidding will be documented in writing by the

individual making the purchase.  This documentation may include written or electronically processed quotations from vendors, a memo from the purchaser indicating how the decision was arrived at, a copy of the contract indicating the source which makes the item or services exempt, a memo from the purchaser 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 for proposals, written quotations, electronically processed quotations, or any other method that assures that goods will be purchased at the lowest price and that favoritism will be avoided, except in the following circumstances; purchase contracts over $20,000.00 and public works contracts over $35,000; goods purchased from agencies for the blind or severely handicapped pursuant to Section 175-b of the State Finance 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 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 CONTRACT METHOD

$0          -     $1,499.99            department manager’s discretion

$1,500  -      $4,999.99            three written/electronically processed quotations

$5,000  -      $9,999.99            three written/electronically processed quotations or written requests for proposals

$10,000  -  $19,999.99            written requests for proposals

$20,000 and up                       formal bid procedure

 

ESTIMATED AMOUNT OF PUBLIC WORKS CONTRACT METHOD

$0         - $1,499.99        Village Board Approval

$1,500 - $4,999.99          three written/electronically processed quotations

$5,000 - $9,999.99          three written/ electronically processed quotations or written requests for proposals

$10,000 - $34,999.99      written requests for proposals

$35,000 & up                  formal bid procedure 

                                 

 

                                 

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 at obtaining the proposals and this will be made a part of 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 or how the offeror was not responsible.  A determination that the offeror is not responsible shall be made by the purchaser and may not be challenged under any circumstances.

     6.  Pursuant to General Municipal Law Section 104-b(2) (f), the procurement policy may contain circumstances when, or types of procurement 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 the municipality.   In the following circumstances it may not be in the best interests of the Village of Otisville to solicit quotations or document the basis for not accepting the lowest bid:

       (a) professional services or services requiring special or technical skill, training or expertise.

           The individual or company must be chosen based on accountability, reliability, responsibility, skill

           education and training, judgment, integrity, and moral worth.  These qualifications are not

           necessarily found in the individual or company that offers the lowest price and the nature of

           these services are such that they do not readily lend themselves to competitive procurement

           procedures.

                 In determining whether a service fits into this category the Board of Trustees shall take into consideration the following guidelines:  (a) whether the services are subject to State licensing or testing requirements; (b) whether substantial formal education or training is a necessary prerequisite to the performance of the services; and (c) whether the services require a personal relationship between

the individual and municipal officials.  Professional or technical services shall include but not 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; and computer

software or programming services for customized programs, or services involved in substantial modification and customizing of pre-packaged software.

           (b) emergency purchases pursuant to Section 103(4) of the General Municipal Law.  Due to the

               nature of this exception, these goods or services must be purchased immediately and a

               delay in order to seek alternate proposals may threaten the life, health, safety or welfare

               of the residents.  This section does not preclude alternate proposals if time permits.

           (c) purchases of surplus and second-hand goods from any source.  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) goods of services under $1,500.00.  The time and documentation required to purchase through

               this policy may be more costly than the item itself and would therefore not be in the best

               interest of the taxpayer.  In addition, it is not likely that such de minimis contracts

               would be awarded based on favoritism.

        7.

     The Best Value Standard

In 2011, the State Legislature passed legislation to authorize use of the “best value standard” as opposed to lowest responsible bidder, for purchase contracts, including contracts for service work, but excluding any purchase contracts necessary for the completion of a public works project that is covered by Article 8 of the Labor Law.[i]  Local governments, except for New York City, must pass a local if they wish to utilize the new standard, and when a municipality elects to use the best value standard, the term offerer is used instead of bidder.[ii]  (Note that in 2011, the State Legislature passed legislation that required all municipalities to utilize the “best value” standard for purchase contracts.[iii]  In 2012, a chapter amendment removed the mandate, merely authorizing the use of the best value standard).[iv]

The new language amending § 103 of the General Municipal Law refers to the definition of best value in § 163 of the State Finance Law.  The definition of best value as set forth in State Finance Law is “the basis for awarding contracts for services to the offerer which optimizes quality, cost and efficiency, among responsive and responsible offerers.  Such basis shall reflect, wherever possible, objective and quantifiable analysis.  Such basis may also identify a quantitative factor for offerers that are small businesses or certified minority- or women-owned business enterprises as defined in subdivisions one, seven, fifteen and twenty of section three hundred ten of the executive law to be used in evaluation of offers for awarding of contracts for services.”[v]  Municipalities using the best value standard should examine both non-cost elements in addition to cost, and the use of a scoring, grading or other evaluation system may be helpful in weighing multiple factors.  Unlike the lowest responsible bidder standard, the best value standard allows the selection of a higher offer as long as there is evidence that the initial investment will ultimately result in cost savings, higher quality products, or greater efficiency.  As stated in the definition of best value, a municipality can consider the size of a business or whether it is a minority- or women-owned business when awarding a contract.  Also, the definition of best value in the state finance law strongly implies that the selection of an offerer under this standard cannot be arbitrary.[vi]  Municipalities should be prepared to justify their selection and should document their analysis.  Furthermore, the responsibility of the offerer must also be considered in awarding a contract.

Given the flexibility of the new standard, the method for actually selecting contractors based upon best value will likely resemble the RFP process, which is typically used when competitive bidding is not required. Municipalities would provide the criteria selected to determine best value in its advertisement soliciting offers and would subsequently conduct the requisite cost-benefit analysis on the offers they receive.

The new law allows the use of best value for all purchase contracts and service work, except for any purchase contracts necessary for the completion of a construction project governed by Article 8 of the Labor Law.[vii]  Therefore, any contract for the purchase of a non-construction related commodity or service work project exceeding $20,000 can be based on best value, as opposed to lowest responsible bidder.[viii]  It is also important to analyze whether or not the character of the contract encompasses the purchase of commodities or service versus public works.[ix]  If the purchase/service aspect of the contract is minor and the public works aspect is significant, then the best value standard would not be able to be utilized.  However, even if the contract contains a small “public works” element (such as building repair or construction projects), but is overwhelmingly purchase or service related, the best use standard could apply.

The new law allows the use of best value for all purchase contracts and service work, except for any purchase contracts necessary for the completion of a construction project governed by Article 8 of the Labor Law.[x]  Therefore, any contract for the purchase of a non-construction related commodity or service work project exceeding $20,000 can be awarded based on best value, as opposed to lowest responsible bidder.[xi]  It is also important to analyze whether or not the character of the contract encompasses the purchase of commodities or service versus public works.[xii]  If the purchase/service aspect of the contract is minor and the public works aspect is significant, then the best value standard would not be able to be utilized.  However, even if the contract contains a small “public works” element, but is overwhelmingly purchase or service related, the best value standard could apply.  It is important that municipal officials consult with their attorneys before using the best value standard in order to determine whether the nature of the contract allows for the use of the best value standard

 

Other Government Contracts

In addition to the authority to purchase of some New York State and county contracts, a recent change to General Municipal Law § 103 allows local governments to purchase apparatus, materials, equipment and supplies, and to contract for services related to the installation, maintenance or repair of those items through the use of any other local, state, or federal government contracts, provided that the contract was “let in a manner that constitutes competitive bidding consistent with State law and made available for use by other governmental entities.”[xiii]  This new law constitutes a broad expansion of contracts that are eligible for municipal piggybacking, although the proposed procurement must satisfy several prerequisites.

First, the United States and any of its agencies or any state and any of its political subdivisions or districts must have let the original contract.[xiv]  In other words, a contract between two private entities would not be eligible for piggybacking, even if the contract was developed for use by governmental entities.  Second, the contract must be made available for use by local governments.[xv]  The Office of the New York State Comptroller (OSC) has advised that a vendors may not simply offer to extend a contract to another municipality to satisfy this requirement.[xvi]  Rather, both parties to the original contract must agree to open the contract to other local governments, which is typically accomplished by including a provision in the contract to specifically authorize piggybacking.[xvii]  Third, the original contract must have been let in compliance with New York state competitive bidding laws.[xviii]  Therefore, a municipality would need to acquire information from the local government holding the original contract as to the procedure used to let the contract.  The Office of the New York State Comptroller has advised that governing bodies looking to purchase off other municipal contracts should ensure that the contracting municipality used bid specifications and a public bidding process with sealed bids before awarding the contract to the lowest responsible bidder or offerer, if awarding a contract using the best value standard.[xix] 

The authority to bid on any governmental contract provides municipalities with access to contracts let by federal agencies, other states, neighboring cities and villages, or local governments in different states.[xx]  This change to the General Municipal Law also allows municipalities to participate in purchasing cooperatives such as U.S. Communities, BuyBoard, or National Joint Purchasing Alliance.[xxi]  Before purchasing off a contract made available through such an entity, it is important that local governments not simply assume that the contracts are eligible for piggybacking.  Rather, municipalities should confirm that the contract satisfies the aforementioned requirements.  Purchasing cooperatives often furnish information such as contract award documentation or documentation of competitive bidding to its members as proof that the original contract was competitively bid and complies with state procurement laws.  Municipalities interested in purchasing off of these contracts should retain this information and any other relevant information to document their decision to utilize piggybacking.

The appeal of piggybacking lies in the potential cost savings associated with access to a variety of contracts and avoiding the administrative expenses associated with the bidding process.  Like intermunicipal purchasing agreements, piggybacking has the potential to reduce the cost of products and services, increase efficiency and reduce administrative expenses for municipalities by pooling the purchasing power of public agencies nationwide.  However, municipalities should not always assume that piggybacking off a particular contract will yield cost savings.  The OSC has advised that while there is no legal requirement to do so, a local government should nonetheless engage in a cost-benefit analysis before piggybacking off of other government contracts.[xxii]

 

     8.  This policy shall go into effect immediately and will be reviewed annually.

 

     9.  This policy is also to include the following purchase order regulations:

 

All anticipated purchases will fall under this Purchase Order System.

 

When you are interested in purchasing an item(s) or services, you must first obtain a voucher.  Vouchers are available at the Village Hall.

 

You must then complete the following information on the voucher:

 

  NORMAL PROCEDURE

     1 - Claimant's name and address  - who you are purchasing the item(s) from.

 

     2 - Quantity and accurate description of the materials or services in need of being purchased.

 

     3 - The unit price or cost of the materials/services.

 

     4 - The total of this purchase.

 

     5 - The budget code from which this purchase should be paid.  If multiple items are to be charged to different codes, please list all codes and their totals separately in this space.

 

    6 – Sign the “submitted by” section

 

    7 – Attach required procurement documentation

 

    8 - You must then give this voucher to the Village Clerk/Deputy Clerk.

 

     9 - The Village Clerk/Deputy Clerk will then present the purchase orders to the Village Board for "Approval for Purchase" at the next Village Board meeting.  Upon Board approval, the purchase orders will be returned to all department heads so that they can forward the voucher on to the claimant for purchase.

 

    10 – When the purchase is complete, the claimant fills in "Claimant's Certification”

 

    11 - The claimant fills in "date"

 

    12 - The claimant fills in "vendor's invoice no." and completes the sale of materials/services and submits the completed voucher and invoice to the Village Clerk/Deputy Clerk for payment.

 

    13 - The department head fills in "Department Approval" prior to submitting the voucher and invoice to the Village Clerk/Deputy Clerk for actual payment.

 

As you are all well aware, emergencies do occur from time to time and exceptions to the rules have to be made.  Therefore, the following rules apply in these emergency situations.  If normal procedures cannot be followed, for legitimate reasons, you must do the following:

 

   EMERGENCY PROCEDURE

     a - Complete items # 1-7 listed under "normal procedure"

     b - You must contact your department liaison for emergency purchasing approval. The department liaisons are as follows:  (the Mayor, as Chief Executive Officer, sits as a liaison in each department)

         Water Dept. – Kenny Coppola

         Recreation – Diane Loeven

         Fire Company – Robert Bennett

         DPW – Kenny Coppola

         Planning – Robert Bennett

         ZBA – Robert Bennett

         Animal Control Officer – Ike Palmer

         Building/Fire Inspector – Robert Bennett

         Parks – Kenneth Coppola

 

     If we have not listed your department, please contact the Village Hall.

 

     c - Your liaison must sign off in the #9, "Approval for Payment" on the emergency voucher.  If a liaison signature cannot be obtained, verbal approval must be clearly documented on the emergency voucher.

 

     d – On the next business day, you must submit this "emergency voucher" to the Village Clerk/Deputy Clerk to be recorded as a purchase order.

 

     e - Steps #10-13 will then be handled as usual.

 

The Village Board also realizes that there are certain vendors that we do business with on a regular basis for small purchases and we are mailed a monthly statement.  In regard to this situation, the Village Board has given approval for the following:

 

The Highway Department can charge an aggregate total not to exceed$1,000.00 per month from approved vendors.

 

The Village Clerk can purchase an aggregate total not to exceed $1,000.00 for office, sanitation supplies, and newspaper advertising per month.

 

The Highway Superintendent can purchase highway material from the appropriate vendor without prior purchase order approval.  The appropriate vendor will be determined by annual written quotation.  No further solicitation of cost will be required within the year’s time provided that any increase in cost does not exceed 20%.

 

The Water Plant Operator can purchase water plant chemicals and supplies from the appropriate vendor without prior purchase order approval.  The appropriate vendor will be determined by annual written quotation.  No further solicitation of cost will be required within the year’s time provided that any increase in cost does not exceed 20%.

 

The Fire Department can charge an aggregate total not to exceed$1,000.00 per month from approved vendors.

 

The Fire Department can have oxygen cylinders and fire extinguishers refilled and repaired by the appropriate vendor, as needed, without prior purchase order approval.  The appropriate vendor will be determined by annual written quotation.  No further solicitation of cost will be required within the year’s time provided that any increase in cost does not exceed 20%.

 

The Animal Control Officer may purchase animal control related supplies without prior purchase order approval in an amount not to exceed $50.00 per month.

 

Any elected Village Official having a legitimate municipal need may charge up to $100.00 per month from an approved vendor.

 

It is the responsibility of each department to keep track of the amount of monthly purchases per month so that he/she does not exceed the monetary limits set by this procurement policy.  If additional monies are needed above and beyond the figures established here, the department would be required to seek purchase order approval according to the established normal or emergency procedures, depending on the circumstances.

 

Motion to approve the following Board Resolution for Advance Claim made by Kenneth Coppola; second by Diane Loeven; all in favor, zero opposed; motion carried

Board Resolution for Advance Claim

 

WHEREAS the board of trustees has determined to authorize payment in advance of audit of claims for public utility services, postage, fright and express charges and

 

WHEREAS all such claims shall be presented at the next regular meeting for audit, and

 

WHEREAS the claimant and the officer incurring or approving the same shall be jointly and severally liable for any amount disallowed by the board of trustees,

 

NOW THEREFORE BE IT RESOLVED:

 

Section 1.  That the board of trustees authorize payment in advance of audit of claims for public utility services, postage, freight and express charges and all such claims shall be presented at the next regular meeting for audit and the clamant and officer incurring or approving the same shall be jointly and severally liable for any amount disallowed by board of trustees.

 

Section 2.  That this resolution shall take effect immediately.

 

Motion to approve a Resolution to set the Village of Otisville Mileage allowance as follows was made by Robert Bennett; second by Kenneth Coppola; all in favor, zero opposed; motion carried

 

WHEREAS the board of trustees has determined to pay a fixed rate for mileage as reimbursement to officers and employees of the Village who use their personal automobiles while performing their official duties on behalf of the Village;

 

NOW THEREFORE BE IT RESOLVED:

 

Section 1. That the board of trustees shall approve reimbursement o such officers and employees at the rate of .56 per mile

Section 2.   That this resolution shall take effect immediately.

 

Motion to approve a Board Resolution for Designation of Depositories as follows was made by Kenneth Coppola; second by Ike Palmer; all in favor, zero opposed; motion carried

 

WHEREAS the board of trustees has determined that the Village Law 4-412(3) (2) requires the designation of banks or trust companies for the deposits of all village monies;

 

NOW THEREFORE BE IT REOLVED:

 

Section 1. That the board of trustees does hereby designate the following institutions depositories of monies received by the village treasure/clerk

 

Names of Institutions:  Sterling National Bank, and Hometown Bank of the Hudson Valley

 

Section 2.  That this resolution shall take effect immediately

 

Motion to adopt the Village of Otisville Code of Ethics as follows made by Diane Loeven; second by Ike Palmer; all in favor, zero opposed; motion carried

 

Code of Ethics for Village of Otisville

 

            WHEREAS, article 18 of the General Municipal Law prohibits the officers and employees of a municipality from having certain conflicts of interest, and

 

            WHEREAS section 806 of the General Municipal Law requires the governing body of each county, city (other than the City of New York), town, village, to adopt a code of ethics that sets forth for the guidance of its officers and employees standards of conduct reasonably expected of them, and

 

            WHEREAS section 806 of the General Municipal Law also authorizes the governing body of any other municipality to adopt such a code of ethics, and

 

            WHEREAS, a code of ethics adopted by the governing body of a municipality must set forth standards of conduct for the guidance of the officers and employees of the municipality with respect to disclosure of interests in legislation before the local governing body, holding of investments in conflict with official duties, private employment in conflict with official duties, future employment, and such other standards as may be deemed advisable.

 

            NOW, THEREFORE, be it resolved that the Board of Trustees of the Village of Otisville hereby adopts a code of ethics to read as follows:

 

Code of Ethics of the Village of Otisville

 

Section 1.  Purpose.

 

            Officers and employees of the Village of Otisville hold their positions to serve and benefit the public, and not for obtaining unwarranted personal or private gain in the exercise and performance of their official powers and duties.  The Village Board recognizes that, in furtherance of this fundamental principle, there is a need for clear and reasonable standards of ethical conduct.  This code of ethics establishes those standards.

 

Section 2.  Definitions. 

 

(a)  “Board” means the governing board of a municipality and any municipal administrative board (e.g. planning board, zoning of board of appeals), commission, or other agency or body comprised of two or more municipal officers or employees.

 

(b)  “Code” means this code of ethics.

 

(c)  “Interest” means a direct or indirect financial or material benefit, but does not include any benefit arising from the provision or receipt of any services generally available to the residents or taxpayers of the municipality or an area of the municipality, or a lawful class of such residents or taxpayers.  A municipal officer or employee is deemed to have an interest in any private organization when he or she, his or her spouse, or a member of his or her household, is an owner, partner, member, director, officer, employee, or directly or indirectly owns or controls more than 5% of the organization’s outstanding stock.

 

(d)  “Municipality” means Village of Otisville .  The word “municipal” refers to the municipality.

 

(e)  “Municipal officer or employee” means a paid or unpaid officer or employee of the Village of Otisville, including, but not limited to, the members of any municipal board.

 

(f)  “Relative” means a spouse, parent, step-parent, sibling, step-sibling, sibling’s spouse, child, step-child or household member of a municipal officer or employee, and individuals having any of these relationships to the spouse of the officer or employee.

 

Section 3.  Applicability.

 

This code of ethics applies to the officers and employees of Village of Otisville, and shall supersede any prior municipal code of ethics.  The provisions of this code of ethics shall apply in addition to all applicable State and local laws relating to conflicts of interest and ethics including, but not limited to, article 18 of the General Municipal Law and all rules, regulations, policies and procedures of the Village of Otisville.

 

Section 4.  Prohibition on use of municipal position for personal or private gain.

 

No municipal officer or employee shall use his or her municipal position or official powers and duties to secure a financial or material benefit for himself or herself, a relative, or any private organization in which he or she is deemed to have an interest. 

 

Section 5.  Disclosure of interest in legislation and other matters. 

 

(a)  Whenever a matter requiring the exercise of discretion comes before a municipal officer or employee, either individually or as a member of a board, and disposition of the matter could result in a direct or indirect financial or material benefit to himself or herself, a relative, or any private organization in which he or she is deemed to have an interest, the municipal officer or employee shall disclose in writing the nature of the interest.

 

(b)  The disclosure shall be made when the matter requiring disclosure first comes before the municipal officer or employee, or when the municipal officer or employee first acquires knowledge of the interest requiring disclosure, whichever is earlier. 

 

(c)  In the case of a person serving in an elective office, the disclosure shall be filed with the governing board of the municipality.  In all other cases, the disclosure shall be filed with the person’s supervisor or, if the person does not have a supervisor, the disclosure shall be filed with the municipal officer, employee or board having the power to appoint to the person’s position.  In addition, in the case of a person serving on a municipal board, a copy of the disclosure shall be filed with the board.  Any disclosure made to a board shall be made publicly at a meeting of the board and must be included in the minutes of the meeting. Such minutes may be considered to be written notification.

 

Section 6.  Recusal and abstention.

 

(a)  No municipal officer or employee may participate in any decision or take any official action with respect to any matter requiring the exercise of discretion, including discussing the matter and voting on it, when he or she knows or has reason to know that the action could confer a direct or indirect financial or material benefit on himself or herself, a relative, or any private organization in which he or she is deemed to have an interest but this Section shall not prohibit any municipal officer from participating in the discussion of and voting on the Fire Budget while serving as a volunteer member or acting as an officer of the Otisville Fire Company

 

(b)  In the event that this section prohibits a municipal officer or employee from exercising or performing a power or duty:

 

(1) if the power or duty is vested in a municipal officer as a member of a board, then the power or duty shall be exercised or performed by the other members of the board; or

 

(2) if the power or duty that is vested in a municipal officer individually, then the power or duty shall be exercised or performed by his or her deputy or, if the officer does not have a deputy, the power or duty shall be performed by another person to whom the officer may lawfully delegate the function. If the matter cannot be lawfully delegated to another person then the power or duty shall be exercised by the Village Board.

 

(3)  if the power or duty is vested in a municipal employee, he or she must refer the matter to his or her immediate supervisor, and the immediate supervisor shall designate another person to exercise or perform the power or duty.

 

Section 7.  Prohibition inapplicable; disclosure, recusal and abstention not required.

 

(a)  This code’s prohibition on use of a municipal position (section 4), disclosure requirements (section 5), and requirements relating to recusal and abstention (section 6), shall not apply with respect to the following matters:

 

            (1)  adoption of the municipality’s annual budget;

 

(2)  any matter requiring the exercise of discretion that directly affects any of the following groups of people or a lawful class of such groups of which the municipal officer is a member of and any benefit received by said officer is only the result of being part of said group:

 

                        (i)  all municipal officers or employees;

 

                        (ii)  all residents or taxpayers of the municipality or an area of the municipality; or

 

(iii) the general public; or

 

(2)  any matter that does not require the exercise of discretion.

 

(b)  Recusal and abstention shall not be required with respect to any matter:

 

(1)  which comes before a board when a majority of the board’s total membership, which shall include the Village Mayor, would otherwise be prohibited from acting by section 6 of this code;

 

Section 8.  Investments in conflict with official duties. 

 

(a)  No municipal officer or employee may acquire the following investments:

 

            (1)  investments that can be reasonably expected to require more than sporadic recusal and abstention under section 6 of this code; or

 

            (2)  investments that would otherwise impair the person’s independence of judgment in the exercise or performance of his or her official powers and duties.

 

(b)  This section does not prohibit a municipal officer or employee from acquiring any other investments or the following assets:

 

            (1)  real property located within the municipality and used as his or her personal residence;

 

            (2)  less than five percent of the stock of a publicly traded corporation; or

 

            (3)  bonds or notes issued by the municipality and acquired more than one year after the date on which the bonds or notes were originally issued.

 

Section 9.  Private employment in conflict with official duties.

 

No municipal officer or employee, during his or her tenure as a municipal officer or employee, may engage in any private employment, including the rendition of any business, commercial, professional or other types of services, when the employment:

 

            (a)  can be reasonably expected to require more than sporadic recusal and abstention pursuant to section 6 of this code;

 

            (b)  can be reasonably expected to require disclosure or use of confidential information gained by reason of serving as a municipal officer or employee;

 

            (c)  violates section 805-a(1)(c) or (d) of the General Municipal Law; or

 

            (d)  requires representation of a person or organization other than the municipality in connection with litigation, negotiations or any other matter to which the municipality is a party.

(e) can be reasonably expected or anticipated to put said officer or employee in conflict with the best interests of the municipality.

 

Section 10.  Future employment.

 

(a)  No municipal officer or employee may ask for, pursue or accept a private post-government employment opportunity with any person or organization that has a matter requiring the exercise of discretion pending before the municipal officer or employee, either individually or as a member of a board, while the matter is pending or within the 30 days following final disposition of the matter.

 

(b)  No municipal officer or employee, for the two-year period after serving as a municipal officer or employee, may represent or render services to a private person or organization in connection with any matter involving the exercise of discretion before the municipal office, board, department or comparable organizational unit for which  he or she serves.

 

(c)  No municipal officer or employee, at any time after serving as a municipal officer or employee, may represent or render services to a private person or organization in connection with any particular transaction in which he or she personally and substantially participated while serving as a municipal officer or employee.

 

Section 11.  Personal representations and claims permitted.

 

This code shall not be construed as prohibiting a municipal officer or employee from:

 

            (a)  representing himself or herself, or his or her spouse or minor children before the municipality; or

                                                           

            (b)  asserting a claim against the municipality on his or her own behalf, or on behalf of his or her spouse or minor children.

 

Section 12.  Use of municipal resources

 

(a)    Municipal resources shall be used for lawful municipal purposes.  Municipal resources include, but are not limited to, municipal personnel, and the municipality’s money, vehicles, equipment, materials, supplies or other property. 

 

(b)  No municipal officer or employee shall cause the municipality to spend more than is reasonably necessary for transportation, meals or lodging in connection with official travel.

 

(c)  No municipal officer or employee may use or permit the use of municipal resources for personal or private purposes, but this provision shall not be construed as prohibiting:

 

(1)  any use of municipal resources authorized by law or municipal policy;

 

(2)  the use of municipal resources for personal or private purposes when provided to a municipal officer or employee as part of his or her compensation; or

 

(3)  the occasional and incidental use during the business day of municipal telephones and computers for necessary personal matters such as family care and changes in work schedule.

 (4) the occasional and incidental use during non-business hours of municipal telephone and computers provided such use is of negligible cost to the municipality.  However, regardless of cost no officer or employee shall use a Village issued cell phone for personal use if such use results in the individual using more than his/her allotted monthly minutes.

 

Section 13.  Interests in Contracts.

 

(a)  No municipal officer or employee may have an interest in a contract that is prohibited by section 801 of the General Municipal Law.

 

(b)  Every municipal officer and employee shall disclose interests in contracts with the municipality at the time and in the manner required by section 803 of the General Municipal Law.

 

Section 14.  Nepotism.

 

Except as otherwise required by law:

 

(a)  No municipal officer or employee, either individually or as a member of a board, may participate in any decision specifically to appoint, hire, promote, discipline or discharge a relative for any position at, for or within the municipality or a municipal board.

 

(b)  No municipal officer or employee may supervise a relative in the performance of the relative’s official powers or duties, except where appropriate protections or measures are taken to guarantee that no officer or employee shall have direct supervision of any relative as defined herein and that no relative shall gain any material or proprietary benefit as a result of that relationship.

 

Section 15.  Political Solicitations.

 

(a)  No municipal officer or employee shall directly or indirectly to compel or induce a subordinate municipal officer or employee to make, or promise to make, any political contribution, whether by gift of money, service or other thing of value.

 

(b)  No municipal officer or employee may act or decline to act in relation to appointing, hiring or promoting, discharging, disciplining, or in any manner changing the official rank, status or compensation of any municipal officer or employee, or an applicant for a position as a municipal officer or employee, on the basis of the giving or withholding or neglecting to make any contribution of money or service or any other valuable thing for any political purpose.

 

Section 16.  Confidential Information.

 

            No municipal officer or employee who acquires confidential information in the course of exercising or performing his or her official powers or duties may disclose or use such information unless the disclosure or use is required by law or in the course of exercising or performing his or her official powers and duties.

 

 

 

Section  17.  Gifts.

 

(a)  No municipal officer or employee shall solicit, accept or receive a gift in violation of section 805-a(1)(a) of the General Municipal Law as interpreted in this section. 

 

(b)  No municipal officer or employee may directly or indirectly solicit any gift.

 

(c)   No municipal officer or employee may accept or receive any gift, or multiple gifts from the same donor, having an annual aggregate value of seventy-five dollars or more when:

 

            (1)  the gift reasonably appears to be intended to influence the officer or employee in the exercise or performance of his or her official powers or duties;

 

            (2)  the gift could reasonably be expected to influence the officer or employee in the exercise or performance of his or her official powers or duties; or

 

            (3)   the gift is intended as a reward for any official action on the part of the officer or employee.

 

(d)  For purposes of this section, a “gift” includes anything of value, whether in the form of money, service, loan, travel, entertainment, hospitality, thing or promise, or in any other form. The value of a gift is the gift’s fair market value, determined by the retail cost of the item or a comparable item.  The fair market value of a ticket entitling the holder to food, refreshments, entertainment, or any other benefit is the face value of the ticket, or the actual cost to the donor, whichever is greater.  Determination of whether multiple gifts from a single donor exceed seventy-five dollars must be made by adding together the value of all gifts received from the donor by an officer or employee during the twelve-month period preceding the receipt of the most recent gift.

 

(e)   (1) A gift to a municipal officer or employee is presumed to be intended to influence the exercise or performance of his or her official powers or duties when the gift is from a private person or organization that seeks municipal action involving the exercise of discretion by or with the participation of the officer or employee.

 

       (2)  A gift to a municipal officer or employee is presumed to be intended as a reward for official action when the gift is from a private person or organization that has obtained municipal action involving the exercise of discretion by or with the participation of the officer or employee during the preceding twelve months.

 

(f)  This section does not prohibit any other gift, including:

 

            (1) gifts made to the municipality;

 

            (2)  gifts from a person with a family or personal relationship with the officer or employee when the circumstances make it clear that the personal relationship, rather than the recipient's status as a municipal officer or employee, is the primary motivating factor for the gift;

 

            (3)  gifts given on special occasions, such as marriage, illness, or retirement, which are modest, reasonable and customary;

 

            (4)  unsolicited advertising or promotional material of little intrinsic value, such as pens, pencils, note pads, and calendars;

 

(5)  awards and plaques having a value of seventy-five dollars or less which are publicly presented in recognition of service as a municipal officer or employee, or other service to the community; or

 

(6)  meals and refreshments provided when a municipal officer or employee is a speaker or participant at a job-related professional or educational conference or program and the meals and refreshments are made available to all participants.

 

Section  18.  Posting and distribution.

 

(a)  The Mayor must promptly cause a copy of this code, and a copy of any amendment to this code, to be posted publicly and conspicuously in each building under the municipality’s control.  The code must be posted within ten days following the date on which the code takes effect.  An amendment to the code must be posted within ten days following the date on which the amendment takes effect.

 

(b)  The Mayor must promptly cause a copy of this code, including any amendments to the code, to be distributed to every person who is or becomes an officer and employee of the Village Clerk.

(c)  Every municipal officer or employee who receives a copy of this code or an amendment to the code must acknowledge such receipt in writing.  Such acknowledgments must be filed with the Village Clerk who must maintain such acknowledgments as a public record.

 

 (d)  The failure to post this code or an amendment to the code does not affect either the applicability or enforceability of the code or the amendment.  The failure of a municipal officer or employee to receive a copy of this code of ethics or an amendment to the code, or to acknowledge receipt thereof in writing, does not affect either the applicability or enforceability of the code or amendment to the code.

 

Section  20.  Enforcement.

 

            Any municipal officer or employee who violates this code may be censured, fined, suspended or removed from office or employment in the manner provided by law.  

 

Section  21.  Effective date.

 

            This code was adopted on by the Village Board of Trustee on April 17, 2014 and shall take effect immediately.

 

Motion to adopt a Board Resolution to set Reserve Accounts as follows made by Diane Loeven; second by Robert Bennett; in favor, zero opposed

 

BOARD RESOLUTION

Park

Be it so resolved that the Village of Otisville Board of Trustees does hereby establish a Capital Reserve Fund to finance the Park improvement and repairs.  The Village Clerk is directed to deposit monies of this reserve fund in a separate bank account to be known as the “Park” Reserve Fund.  The Village Clerk is authorized to invest from time to time the monies of this fund pursuant to Section 11 of General Municipal Law.  No expenditure shall be made from this fund, except upon authorization of the Board pursuant to Section 6-c (or 6-g) of General Municipal Law, and subject to permissive referendum if required by law.

Street Development/Upgrade

Be it so resolved that the Village of Otisville Board of Trustees does hereby establish a Capital Reserve Fund to finance the Street development and upgrades.  The Village Clerk is directed to deposit monies of this reserve fund in a separate bank account to be known as the “Street Development” Reserve Fund.  The Village Clerk is authorized to invest from time to time the monies of this fund pursuant to Section 11 of General Municipal Law.  No expenditure shall be made from this fund, except upon authorization of the Board pursuant to Section 6-c (or 6-g) of General Municipal Law, and subject to permissive referendum if required by law.

Water System Upgrade/Repair Reserve

Be it so resolved that the Village of Otisville Board of Trustees does hereby establish a Capital Reserve Fund to finance the Water System upgrade and Repair.  The Village Clerk is directed to deposit monies of this reserve fund in a separate bank account to be known as the “Water System Upgrade” Reserve Fund.  The Village Clerk is authorized to invest from time to time the monies of this fund pursuant to Section 11 of General Municipal Law.  No expenditure shall be made from this fund, except upon authorization of the Board pursuant to Section 6-c (or 6-g) of General Municipal Law, and subject to permissive referendum if required by law.

Village Trucks and related equipment Reserve

Be it so resolved that the Village of Otisville Board of Trustees does hereby establish a Capital Reserve Fund to finance the Village Trucks and related equipment.  The Village Clerk is directed to deposit monies of this reserve fund in a separate bank account to be known as the “Village Trucks/Related Equipment” Reserve Fund.  The Village Clerk is authorized to invest from time to time the monies of this fund pursuant to Section 11 of General Municipal Law.  No expenditure shall be made from this fund, except upon authorization of the Board pursuant to Section 6-c (or 6-g) of General Municipal Law, and subject to permissive referendum if required by law.

 

 

Village Buildings/Repair Reserve

Be it so resolved that the Village of Otisville Board of Trustees does hereby establish a Capital Reserve Fund to finance the Village Building and repair.  The Village Clerk is directed to deposit monies of this reserve fund in a separate bank account to be known as the “Village Building - Repair” Reserve Fund.  The Village Clerk is authorized to invest from time to time the monies of this fund pursuant to Section 11 of General Municipal Law.  No expenditure shall be made from this fund, except upon authorization of the Board pursuant to Section 6-c (or 6-g) of General Municipal Law, and subject to permissive referendum if required by law.

Village Equipment replacement and repair

Be it so resolved that the Village of Otisville Board of Trustees does hereby establish a Capital Reserve Fund to finance the Village equipment replacement and repair formerly know as Computer upgrade reserve.  The Village Clerk is directed to deposit monies of this reserve fund in a separate bank account to be known as the “Village Equipment and repair” Reserve Fund.  The Village Clerk is authorized to invest from time to time the monies of this fund pursuant to Section 11 of General Municipal Law.  No expenditure shall be made from this fund, except upon authorization of the Board pursuant to Section 6-c (or 6-g) of General Municipal Law, and subject to permissive referendum if required by law.

Fire Airpak Gear and Equipment

Be it so resolved that the Village of Otisville Board of Trustees does hereby establish a Capital Reserve Fund to finance the Fire Airpak gear and equipment.  The Village Clerk is directed to deposit monies of this reserve fund in a separate bank account to be known as the “Fire Airpak” Reserve Fund.  The Village Clerk is authorized to invest from time to time the monies of this fund pursuant to Section 11 of General Municipal Law.  No expenditure shall be made from this fund, except upon authorization of the Board pursuant to Section 6-c (or 6-g) of General Municipal Law, and subject to permissive referendum if required by law.

Fire Trucks and related equipment Reserve

Be it so resolved that the Village of Otisville Board of Trustees does hereby establish a Capital Reserve Fund to finance the Fire Trucks and related equipment.  The Village Clerk is directed to deposit monies of this reserve fund in a separate bank account to be known as the “Fire Truck and related equipment” Reserve Fund.  The Village Clerk is authorized to invest from time to time the monies of this fund pursuant to Section 11 of General Municipal Law.  No expenditure shall be made from this fund, except upon authorization of the Board pursuant to Section 6-c (or 6-g) of General Municipal Law, and subject to permissive referendum if required by law.

Fire Rescue Equipment/Repair

Be it so resolved that the Village of Otisville Board of Trustees does hereby establish a Capital Reserve Fund to finance the cost of fire rescue equipment/repair.  The Village Clerk is directed to deposit monies of this reserve fund in a separate bank account to be known as the “Fire Rescue Equipment” Reserve Fund.”  The Village Clerk is authorized to invest from time to time the monies of this fund pursuant to Section 11 of General Municipal Law.  No expenditure shall be made from this fund, except upon authorization of the Board pursuant to Section 6-c (or 6-g) of General Municipal Law, and subject to permissive referendum if required by law

Firefighter Uniform/Gear

Be it so resolved that the Village of Otisville Board of Trustees does hereby establish a Capital Reserve Fund to finance the cost of firefighter’s uniform/gear.  The Village Clerk is directed to deposit monies of this reserve fund in a separate bank account to be known as the “Fire Fighter Uniform/Gear” Reserve Fund.  The Village Clerk is authorized to invest from time to time the monies of this fund pursuant to Section 11 of General Municipal Law.  No expenditure shall be made from this fund, except upon authorization of the Board pursuant to Section 6-c (or 6-g) of General Municipal Law, and subject to permissive referendum if required by law.

Fire Building/Repair Reserve

Be it so resolved that the Village of Otisville Board of Trustees does hereby establish a Capital Reserve Fund to finance a Fire Buildings and repair reserve.  The Village Clerk is directed to deposit monies of this reserve fund in a separate bank account to be known as the “Fire Building/Repair” Reserve Fund.  The Village Clerk is authorized to invest from time to time the monies of this fund pursuant to Section 11 of General Municipal Law.  No expenditure shall be made from this fund, except upon authorization of the Board pursuant to Section 6-c (or 6-g) of General Municipal Law, and subject to permissive referendum if required by law.

 

Motion  to Close Reorganization Meeting made by Kenneth Coppola; second by Robert Bennett; all in favor, zero opposed; motion Carried

 

Mayor Wona Closed the meeting at 7:19 P.M.

 

Respectfully Submitted,

 

 

Christine DiPoalo

Village Clerk