TOWN OF VIENNA TOWN MEETING MINUTES

January 4, 2023

PRESENT: Supervisor Michael M. Davis Sr., Councilman Jason C. Lamb, Councilwoman Gail Whitham, Councilman Jason Spellicy, Councilman Darrin Smith

Councilman Smith and Councilman Spellicy took their oaths of office before the meeting.

CALL TO ORDER:

Supervisor Davis called the meeting to order at 7:00PM. Pledge of Allegiance.

NOCCOG: Joe Rowlands

There will be a drone session the day before the conference. It will be three hours long with the majority of the time being hands on. The NOCCOG GPA mapping system is looking for projects for the upcoming summer season. To schedule a project, reach out to John Hilt. The Association of Towns spring training session is February 19th-22nd at the Marriot at Broadway in New York City. The History of Snow Ridge seminar will be Sunday January 29th.

COUNTY LEGISLATOR: NORM LEACH

Norm Leach could not be present due to being under the weather.

APPROVAL OF MINUTES:

A motion was entertained by Councilman Spellicy and seconded by Councilman Smith to approve the minutes of the December 7th meeting. Motion carried.

Voting Record:

Supervisor Davis                 Aye

Councilman Spellicy              Aye

Councilman Lamb                  Aye

Councilwoman Whitham             Aye

Councilman Smith                 Aye

A motion was entertained by Councilman Lamb and seconded by Councilman Spellicy to approve the minutes of the December 27th meeting.                                                      Motion carried.

Voting Record:

Supervisor Davis                 Aye

Councilman Spellicy              Aye

Councilman Lamb                  Aye

Councilwoman Whitham             Aye Councilman Smith abstained from the vote.

AUDITED VOUCHERS:

A motion was entertained by Councilman Lamb and seconded by Councilwoman Whitham to approve the audited vouchers beginning with voucher #001 thru voucher #018 in the amount of $69,220.27.                                             Motion carried.

Voting Record:

Supervisor Davis                 Aye

Councilman Spellicy              Aye

Councilman Lamb                  Aye

Councilwoman Whitham             Aye

Councilman Smith                 Aye

SUPERVISOR’S REPORT:

The supervisors report for the month of December is done and in the clerk’s office.

All OTHER OFFICES MONTHLY REPORT:

All other office reports are in the Town Clerk’s office and will be on line.

TOWN CLERK’S REPORT:

The Town Clerk read the town clerks report for the month of December.

A motion was entertained by Councilman Spellicy and seconded by Councilman Lamb to accept the clerks report.                                       Motion carried

Voting Record:

Supervisor Davis                 Aye

Councilman Spellicy              Aye

Councilman Lamb                  Aye

Councilwoman Whitham             Aye

Councilman Smith                 Aye

HIGHWAY:

The highway garage has been working on the bucket truck. They are getting it ready for New York State Inspection as well as another inspection. With the weather they have been cutting brush off the road side.

Council Reports:

Councilman Smith- Nothing Councilman Lamb- Nothing

Councilman Whitham- Councilman Smith agreed to joining Councilman Whitham in completing the veteran’s gazebo. Councilman Whitham stated that the gazebo is most likely complete now.

Councilman Spellicy- The Town Board will hold off on adding an edition to the current building due to the lack of response from places. We will focus on updating the current building at the moment. Some of the ideas for updates is adding more security for the office workers during the day. The hope is to add another set of doors between the

Town Clerk’s office and the Deputy Town Clerk’s office. More discussions need to be made before starting.

Supervisor Davis- The engineer, in charge of the water district feasibility study, is ready to have a work meeting to go over the rough draft. We will also be able to ask him questions during this meeting as well as he gets the opportunity to ask us questions. This is not a public hearing but will be a public meeting. He is requesting the meeting be the week of January 23rd, 2023. Supervisor Davis requested that the meeting be January 25th, 2023 at 7:00PM at the Town Hall. All councilmembers agreed and a notice will be posted in the paper.

New Business:

Vienna Farmers Market- Supervisor Davis received a call from the Vienna Farmers Market requesting that the Town host them in the Town Hall Parking lot one day a week for 16 weeks during the summer or the space at the Town Garage. Supervisor Davis stated that the Town is insured to host public events on the property. All council members agreed. More information will be needed. They need a definite commitment by March 1st, 2023.

Adoption of the New Law to Enforce Building Codes- Supervisor Davis just received the draft for the Codes Law update earlier today. Few things changed. Some of the thing that changed are energy codes and more inspection levels for certain projects. The rough draft will be posted on the Town of Vienna website. Supervisor Davis would like to schedule a public hearing on this February 1st, 2023 at 7:10PM. This public hearing notice will be posted in the paper.

Appointments-

The Town Supervisor, Mike Davis, appointed Jason Spellicy as his deputy supervisor and Ben Gasser as his bookkeeper. The Town Clerk, Beth Bunce, has appointed Kathy Pavelock and Jennifer Lockhart as her deputy town clerk. Court Clerk’s Brenda Brookins and Sandra Zorn need to be appointed for 1 year each. The four constables, Matt Malory, Shane Eyre, James Hite, and Lawrence Erardi Jr, need to be reappointed for 1 year each. The town attorney, Rossi & Rossi, needs to be reappointed for another year. The town hall cleaner, Martha Colvin, needs to be reappointed for another year. Darrin Smith will be appointed to be the Association of Towns Representative and the NOCCOG Representative for 1 year. The animal control officer, Clayton Conover III, needs to be reappointed for another year. Assessor Clerk’s, Patricia Cook and Wendy Herbst, need to be appointed for 1 year each. The zoning/ codes officer, Reay Walker, and the zoning/ codes clerk, Kathy Pavelock, need to be re-appointed for 1 year each. Calvin Collins is the only Board of Assessment Review officer that needs to be re-appointed with an expiration date of 09/30/2027. Zoning Board of Appeals member, Joshua O’kay, needs to be appointed with an expiration in 2027. Zoning Board of Appeals secretary, Kathy Pavelock, needs to be re-appointed for a 1-year term. Planning Board Liaison, Gail Whitham, needs to be re-appointed for a 1-year term. Planning Board

members, Martha Link and Mike Piper, need to be appointed for a term with the expiration of 2029 for Martha Link and 2024 for Mike Piper. Highway Clerk Latitisha Vanderworken needs to be reappointed for another 1-year term.

A motion was entertained by Councilman Lamb and seconded by Councilman Spellicy to accept the 2023 Appointments. Motion carried

Voting Record:

Supervisor Davis                 Aye

Councilman Spellicy              Aye

Councilman Lamb                  Aye

Councilwoman Whitham             Aye

Councilman Smith                 Aye

Later in the meeting the grinder pump repairmen, Clayton Wilson, was added to the 2023 Appointment List to be reappointed with no expiration date.

A motion was entertained by Councilman Spellicy and seconded by Councilman Lamb to add the Grinder Pump Repairmen, Clayton Wilson, to the 2023 Appointment List. Motion carried

Voting Record:

Supervisor Davis                 Aye

Councilman Spellicy              Aye

Councilman Lamb                  Aye

Councilwoman Whitham             Aye

Councilman Smith                 Aye

RESOLUTIONS FOR 2023-

RESOLUTION #1 OF 2023 – READING OF RESOLUTIONS

 

WHEREAS, the Town of Vienna shall move not to have every resolution read in its entirety with the exception of those that require to be read entirely and those that are a new resolution that has not been previously in affect or those that have been amended; and

WHEREAS, the town board will be given all resolutions in advance to have the opportunity to read them; and

THEREFORE, BE IT RESOLVED, that the Supervisor will give a description of the resolution and all town board members will be given the opportunity to vote on each resolution is pursuant to New York State Town Law.

Date:    January 4, 2023

Motion made by:                Councilwoman Whitham Motion seconded by:                 Councilman Smith

VOTING RECORD:

Supervisor Michael M. Davis Sr.             AYE

Councilman Jason Spellicy                   AYE

Councilman Jason C. Lamb                    AYE

Councilman Darrin E. Smith                  AYE

Councilwoman Gail Whitham                   AYE

RESOLUTION #2 OF 2023 – RULES OF PROCEDURE FOR TOWN BOARD MEETINGS

 

At a regular meeting of the Town Board for the Town of Vienna, Oneida County, New York, held on the 4th day of January, 2023 at the Vienna Town Hall, 2083 State Route 49, North Bay, New York at 7:00 P.M.

WHEREAS, Section 63 of the Town Law authorizes the town board to determine its rules of procedure; and

WHEREAS, the Town Board for the Town of Vienna is of the opinion that it would be in the best interests of the Town to adopt rules of procedure so as to further increase Town Board efficiency; and

NOW, THEREFORE, BE IT RESOLVED, that pursuant to Section 63 of the Town Law the Town Board for the Town of Vienna hereby adopts the rules of procedure appended hereto:

TOWN OF VIENNA

RULES OF PROCEDURE FOR TOWN BOARD MEETINGS

Section 1. Regular Meeting

The Town Board of the Town of Vienna (the “Town”) shall hold regular meetings on the first Wednesday of each month.                                              Such regular meetings shall be commenced at 6:00 P.M. to go over vouchers and at 7:00 P.M. will be the regular meeting to be conducted at the Vienna Town Hall, 2083 State Rt. 49, North Bay, New York.                                      Any deviation from this schedule shall be determined by the Town Board.

Section 2. Emergency Meetings

Emergency meetings of the Town Board are all those Town Board meetings that are classified as catastrophic, threatening loss of life or catastrophic damage to property.                                     In case of this type of emergency, the Town Supervisor is authorized to take necessary action to contain, and /or restrict further damage to people and property.

Within twelve (12) hours of this action, the Town Board shall meet to decide on further action.    The Town Clerk shall be informed of this

meeting as soon as possible and post it at the Town Hall.            In addition to any other notice required by law or these rules shall immediately notify all Town Board members by telephone of such meeting.            The emergency meeting needs to be posted at three different public locations.            Such places shall be the Town of Vienna Town Hall, North Bay Post Office, and The Town Web Site.

Section 3. Special Meetings

Special meetings of the Town Board are all those meetings other than regular meetings and work session meetings.                                   A special meeting may be called by the Supervisor at any time by giving at least two days’ notice in writing to the other members of the board of the time and place where the meeting is to be held.                              The supervisor may do this on his or her own initiative and shall do so within ten days if requested in writing by two members of the board.                                        Because the town clerk is mandated by law to attend all town board meetings, notice of a special meeting should be given to the clerk as well.                              The Attorney General and Comptroller have agreed that business conducted at a special meeting held without two days’ notice is valid as long as all the councilpersons had actual notice of the meeting and attended and participated therein [1980 Op. Atty. Gen. (Inf) 109; 18 Op.St. Comp.

No 442].

Section 4. Quorum

A Quorum shall be required to conduct business.  A quorum of the five-member Town Board shall be three.   In the absence of a quorum, a lesser number may adjourn and compel the attendance of absent members. Section 5.            Executive Sessions

Executive sessions shall be held in accordance with the N.Y. Public Officers Law Section 105.  All executive sessions shall be commenced in a public meeting.                                Attendance shall be permitted to any member of the Town Board and any other persons authorized to attend that executive session by the Town Board.

Section 6. Agendas

The agenda shall be prepared by the Supervisor and/or his/her designee.                       The Supervisor or any councilperson or any other Town official may have an item placed on the agenda.              Items for the agenda shall be given to the Supervisor by noon on Monday preceding the next scheduled Wednesday night board meeting except that, in unusual or exceptional circumstances, an item may thereafter be submitted to the Supervisor, and if time permits, it may be added to the agenda of the meeting.          Items that cannot be placed on the agenda may be brought up during the meeting.          It is the intention of the town board that the agenda shall be prepared and emailed or mailed to town board members by the end of the day on the Monday preceding the Wednesday night board meeting so as to provide sufficient time to the town board members to review the agenda and to prepare to discuss and timely address those items contained thereon.    All other matters that may arise before the Wednesday meeting except in unusual or exceptional circumstances, to the greatest extent practical, shall be tabled until the following town board meeting.

Section 7. Voting

Pursuant to Town Law, each member of the Town Board shall have one vote. A majority of the totally authorized voting power (i.e., three votes) is necessary to pass a matter unless otherwise specified by state law.

An abstention, silence or absence shall not be considered either an affirmative or a negative vote for the purposes of determining the final vote on a matter.

A vote upon any question shall be taken by “ayes” and “nays,” and the names of the members present and their votes shall be entered in the minutes.

Section 8. Minutes

Minutes shall be taken by the Town Clerk. Minutes shall consist of a recorded or summary of all motions, proposals, resolutions, and any other matter formally voted upon and the vote thereon.                                                     Minutes shall be taken at executive session of any action that is taken by formal vote, which shall consist of a record or summary of the final determination of such action, and the date and vote thereon; provided, however, that such summary need not include any matter that is not required to be made public by the New York Freedom of Information Law.

Minutes shall also include the following:

• Name of the Town Board
• Date, place, and time of meeting
• Notation of presence or absence of the Town Board members and time of arrival or departure if different from time of call to order and adjournment;
• Record of communications presented to the Town Board
• Record of reports made by the Town Board or other Town personnel:
• Time of adjournment;
• Signature of Town Clerk or person who took the minutes if not the Town

Minutes shall not be taken verbatim.  The only time comments are verbatim is when the Supervisor or the Town Council directs it to be written in that manner.

Minutes shall be transcribed and distributed according to Town Law at least two weeks after a town meeting has taken place.                                                    Minutes shall be approved at the next Town Board meeting after they have become available.

Section 9. Order of Business

10. The order of business will be as presented on the Agenda: Section General Rules of Procedures

The Supervisor shall preside at meetings.  In the Supervisor’s absence, the Deputy Supervisor shall preside.                                               The presiding officer may debate, move and take other action that may be taken by other members of the Town Board.

Town Board members are not required to rise but must be recognized by the presiding officer before making motions and speaking.                                       A member, once recognized, shall not be interrupted when speaking unless it is to call the member to order.  If a member, while speaking is called to order, such member shall cease speaking until the question of order is determined, and, if in order, such member shall be permitted to proceed.

Reasonable rules of participation as per Town Board to the number of times a member may speak on a question.

Motions to close or limit debate may be entertained but shall require a majority vote.

Section 11.     Guidelines for Public Comment

The public shall be allowed to speak up to two minutes during regular meetings, special meetings, workshops, and public hearings.

Speakers must give their name and address.

Speakers must be recognized by the presiding officer.

All remarks shall be addressed to the Town Board as a body and not to any member thereof.

Speakers shall observe the commonly accepted rules of courtesy, decorum, dignity and good taste.

Interested parties or their representatives may address the Town Board by written communications.                                  Written communications shall be delivered to the Town Clerk or to his or her designee.                         Speakers should not read written communications verbatim but should summarize their contents.

Citizens with disabilities, who require assistance in attending any meeting, or in furnishing comments and suggestions, should contact the Town Supervisor to request such assistance.

Section 12.     Use of Recording Equipment

All members of the public and all public officials are allowed to tape or videotape public meetings.   Recording is not allowed during executive sessions.    The recording should be done in a manner, which does not interfere with the meeting.

Section 13.     Adjournment

Meetings shall be adjourned by motion.

Section 14.     Amendments to the Rule of Procedure

The foregoing procedures may be amended from time to time by a majority vote of the Town Board.

Upon the question of the adoption of the foregoing resolution the

following voted Date:    January 4, 2023

Motion made by:  Councilman Lamb

Motion seconded by:   Councilman Spellicy

VOTING RECORD:

Supervisor Michael M. Davis Sr.             AYE

Councilman Jason Spellicy                   AYE

Councilman Jason C. Lamb                    AYE

Councilman Darrin Smith                     AYE

Councilwoman Gail Whitham                   AYE

RESOLUTION #3 OF 2023 – PROCEDURE OF AUDITED VOUCHERS

 

WHEREAS, the Town of Vienna shall require three signatures by three members of the town board on all Audited Vouchers; and

WHEREAS, the Town of Vienna allows each department head to be responsible for managing their equipment and supplies for their office as the town council provides funding through their budget contractual; and

WHEREAS, the Town of Vienna makes a procurement policy for all department heads to follow; and

WHEREAS, the Town of Vienna shall require The Department head shall sign off on each voucher dealing with their department; and

WHEREAS, any and all audited vouchers that have met the signature requirements shall be paid;

THEREFORE, BE IT RESOLVED, that the procedure for approving audited vouchers is listed above and this procedure is pursuant to New York State Town Law and General Municipal Law.

Date:       January 4, 2023

Motion made by: Councilman Spellicy

Motion seconded by: Councilwoman Whitham

VOTING RECORD:

Supervisor Michael M. Davis Sr.                                AYE

Councilman Jason Spellicy                                           AYE

Councilman Jason C. Lamb                                         AYE

Councilman Darrin Smith                                            AYE

Councilwoman Gail Whitham                                     AYE

RESOLUTION #4 OF 2023 – MILEAGE RATE

 

SUBJECT: To allow $.655 per mile pre-approved reimbursement of travel expenses to be designated to town employees, for town business. Each month the elected official or appointed employee of the town shall submit a voucher explaining the mileage reimbursement. Only designated town employees doing town business or attending training sessions pertaining to their position are eligible for this reimbursement. This does not pertain to coming to the town hall to do business as an elected official or an appointed employee.

Date:       January 4, 2023

Motion made by: Councilman Lamb

Motion seconded by: Councilwoman Whitham

VOTING RECORD:

Supervisor Michael M. Davis Sr.                                AYE

Councilman Jason Spellicy                                           AYE

Councilman Jason C. Lamb                                         AYE

Councilman Darrin Smith                                            AYE

Councilwoman Gail Whitham                                     AYE

RESOLUTION #5 OF 2023 – PLANNING BOARD AND ZONING BOARD OF APPEALS TRAINING

WHEREAS, four hours of annual training are required for members of planning boards and zoning boards of appeals pursuant to (Town Law Sections 267 and 271), and

WHEREAS, such training must be approved by the Town Board, be it

RESOLVED, that up to 4 hrs. of the following training activities are pre-approved for planning board and zoning board members upon filing certification annually with the town clerk of proof or evidence of such training:

• Planning and zoning training sessions offered by the NYS Department of State, Department of Agriculture and Markets, Office of the State Comptroller, and Department of Environmental Conservation;

• Planning and zoning training sessions offered by the Association of Towns, the Conference of Mayors, the NY Planning Federation, and the American Planning Association;

• On-line planning and zoning training programs offered by the New York Municipal Insurance Reciprocal, Pace University and Land Use Law Center, and the Lincoln Institute of Land Use Policy;

• Planning and zoning sessions and courses offered by universities and colleges such as Albany Law School, Governmental Law Center;

• Sessions on planning and zoning presented at the annual Tug Hill Commission Local Government Conference;

• Sessions on planning and zoning offered by the (Jefferson) (Lewis) (Oneida) (Oswego) County Planning (Board) (Department) and the NYS Tug Hill Commission;

and let it further be

RESOLVED, that other training activities may be approved on a case-by-case basis by the town board upon the request of planning board and zoning board of appeals members.

FURTHER BE IT RESOLVED, That Planning Board and Zoning Board of Appeals members are able to carry over a maximum of two (2) hours credit earned over the required four hour minimum into the following calendar to count as training for that calendar year.

Date: January 4, 2023

Motion made by: Councilman Spellicy Motion seconded by:                               Councilman Smith

VOTING RECORD:

Supervisor Michael M. Davis Sr.                                AYE

Councilman Jason Spellicy                                           AYE

Councilman Jason C. Lamb                                         AYE

Councilman Darrin Smith                                            AYE

Councilwoman Gail Whitham                                     AYE

RESOLUTION #6 OF 2023 – AUTHORIZED UP TO $3,500.00 FOR HIGHWAY SUPERINTENDENT

 

ON A MOTION BY: Councilman Smith and seconded by Councilman Lamb the following was

ADOPTED: Not withstanding the procurement policy on January 5, 2021 the Highway Superintendent is hereby authorized to spend up to $3,500.00 without prior Town Board approval as long as it is for repairs and tools only. No purchasing of equipment.

Date:       January 4, 2023

VOTING RECORD:

Supervisor Michael M. Davis Sr.                                AYE

Councilman Jason Spellicy                                           AYE

Councilman Jason C. Lamb                                         AYE

Councilman Darrin Smith                                            AYE

Councilwoman Gail Whitham                                     AYE

RESOLUTION #7 OF 2023 – DESIGNATION OF AUTHORITY

 

WHEREAS, The Town Board serves as the executive, administrative & legislative body of the Town; and

WHEREAS, during the absence or inability to act of the supervisor, or while the office of supervisor is vacant, the deputy supervisor shall preside, at the meetings of the town board and shall be vested with all of the powers and may perform all of the duties of the supervisor under the Town Law or any other law; and

BE IT RESOLVED, that The Town Board of the Town of Vienna hereby delegates to the Supervisor, or the deputy supervisor in the absence of the supervisor, the powers & duties of administration & supervision of the Town functions & Special, Improvement District Function, to be performed on behalf of the Town Board of the Town of Vienna during the time between regularly scheduled, emergency, & Special Town Board Meetings and;

By delegation, the Town Board of the Town of Vienna does not abdicate to the Supervisor, or surrender to him/her the Town Board’s basic statutory powers & responsibilities.

Date: January 4, 2023

Motion made by:  Councilman Lamb  Motion seconded by: Councilman Spellicy

VOTING RECORD:

Supervisor Michael M. Davis Sr.                                AYE

Councilman Jason Spellicy                                           AYE

Councilman Jason C. Lamb                                         AYE

Councilman Darrin Smith                                            AYE

Councilwoman Gail Whitham                                     AYE

RESOLUTION #8 OF 2023 – PROCUREMENT POLICY

 

The following resolution was offered by Councilman Smith, who moved its adoption, seconded by Councilwoman Whitham, to with:

WHEREAS, Section 104-b of the General Municipal Law requires the governing 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 Town involved in the procurement process; and

THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Vienna 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 within the Town of Vienna and within all improvement districts located therein.

PROCUREMENT POLICY FOR THE TOWN OF VIENNA

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 and Public Works Contracts under $35,000
• Emergency purchase
• 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
• Surplus and second-hand purchases from another governmental agency

The individual making the purchase will document the decision that a purchase is not subject to Competitive bidding in writing. This documentation may include written quotes 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 service 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, 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 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
• 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
• 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 Contract                                                         Method

$250 – $2,999                                                                 2 written/fax quotations

$3,000 – $9,999                                              3 written/fax quotations or written request for proposals

Estimated Amount of

Public Works Contract                                   Method

$250 – $2,999                                                  2 written/fax quotations

$3,000 – $4,999                                              3 written/fax quotations

$5,000 – $19,999                             3 written/fax quotations or written request for proposals A good faith effort shall be made to obtain the required number of proposals or quotations. If the purchaser is unable to obtain the required number of proposals or quotations, the purchaser will document the attempt made at obtaining the proposals. In no event shall the failure to obtain the proposals be a bar to the procurement.

4. Documentation is required of each action taken in connection with each

5. Documentation and an explanation are required whenever a contract is awarded to other than the lowest responsible bidder. This documentation will include an explanation of how the award will achieve savings or how the bidder was not responsible. A determination that the bidder is not responsible shall be made by the purchaser and may not be challenged under any

6. Pursuant to General Municipal Law Section 104-b (2)(f), the procurement policy may contain circumstances when, or types of procurements for which, in the sole discretion of the governing body, the solicitation of alternative proposals or quotations will not be in the best interest of the municipality. In the following circumstances it may not be in the best interests of the Town of Vienna to solicit quotations or document the basis for not accepting the lowest bid:
   1. 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 Town Board shall take into consideration the following guidelines:

• Whether the services are subject to State licensing or testing requirements
• Whether substantial formal education or training is a necessary prerequisite to the performance of the services;
• Whether the services require a personal relationship between the individual and municipal officials.

Professional or technical services shall include but not be limited to the following:

• Services of an attorney
• Services of a physician
• Technical services of an engineer engaged to prepare plans, maps and estimates
• Securing insurance coverage and/or services of an insurance broker
• Services of a certified public accountant

• Investment management services
• Printing services involving extensive writing
• Editing or artwork
• Management of municipally owned property
• Computer software or programming services for customized programs, or services involved in substantial modification and customizing of prepackaged
  1. Emergency purchase 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 if a delay in order to seek alternate proposals may threaten the life, health, safety or welfare of the residents or structural damage to Town property. This section does not preclude alternate proposals if time
  2. Purchases of surplus and second-hand goods from any source. If alternate proposals are required, the Town 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
  3. Goods or services under $250. 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 interests of the taxpayer.

7. This policy shall go into effect January 4, 2023 and will be reviewed

VOTING RECORD:

Supervisor Michael M. Davis Sr.                                AYE

Councilman Jason Spellicy                                           AYE

Councilman Jason C. Lamb                                         AYE

Councilman Darrin Smith                                            AYE

Councilwoman Gail Whitham                                     AYE

RESOLUTION #9 OF 2023 – DESIGNATION OF OFFICIAL NEWSPAPER

 

MOTION BY: Councilman Lamb

SECONDED BY: Councilwoman Whitham

WHEREAS, the Queen Central News, 119 Main Street, Camden, New York 13316, be designated the official newspaper of the Town of Vienna with The Rome Sentinel as the secondary.

BE IT FURTHER RESOLVED, that the reason that this board feels that the official paper be Queen Central News is the fact that it is conveniently delivered throughout the whole Town of Vienna.

BE IT FURTHER RESOLVED, that this legislation is effective January 4, 2023. VOTING RECORD:

Supervisor Michael M. Davis Sr.                                AYE

Councilman Jason Spellicy                                           AYE

Councilman Jason C. Lamb                                         AYE

Councilman Darrin Smith                                            AYE

Councilwoman Gail Whitham                                     AYE

RESOLUTION #10 OF 2023 – SIGNERS ON TOWN OF VIENNA CHECKING ACCOUNTS

 

WHEREAS, in order for the town to keep the checks and balances in place for the town accounts according to the NYS Comptroller and for surety bond coverages, and

WHEREAS, the Town of Vienna is putting in place the signers of the accounts in the Town, and BE IT RESOLVED, the Supervisor’s accounts require two signatures:

1. Supervisor is the first signer on all the supervisor accounts
2. Town Clerk is the second signer on all of the supervisor’s accounts
3. In the absence of the Supervisor the Deputy Supervisor will sign the supervisor’s
4. In the absence of the Town Clerk the Deputy Clerk will sign the supervisor’s account, and

FURTHER BE IT RESOLVED, the Town Clerk is the signer on her accounts and in the absence of the Town Clerk her Deputy Clerk is the signer. The Town Clerk will give supporting documentation to the town board for their review of her accounts monthly, and

FURTHER BE IT RESOLVED, the Town of Vienna will be following the recommendation of the NYS Comptroller and will keep our surety bond coverage in place for the town employees.

Date:       January 4, 2023

Motion made by: Councilman Spellicy Motion seconded by:                              Councilman Lamb

VOTING RECORD:

Supervisor Michael M. Davis Sr.                                AYE

Councilman Jason Spellicy                                           AYE

Councilman Jason C. Lamb                                         AYE

Councilman Darrin Smith                                            AYE

Councilwoman Gail Whitham                                     AYE

RESOLUTION #11 OF 2023 – RETURNED CHECK FEE POLICY

 

WHEREAS, the Town Board of Town of Vienna realizes that there is a need for a returned check fee policy, and

BE IT RESOLVED, that according to General Municipal Law §85 the Town of Vienna will charge a thirty- five dollar ($35.00) fee to any checks tendered as payment and returned unpaid for any reason on all Town of Vienna accounts.

Date:       January 4, 2023

Motion made by: Councilman Smith Motion seconded by:                              Councilman Lamb

VOTING RECORD:

Supervisor Michael M. Davis Sr.                                AYE

Councilman Jason Spellicy                                           AYE

Councilman Jason C. Lamb                                         AYE

Councilman Darrin Smith                                            AYE

Councilwoman Gail Whitham                                     AYE

RESOLUTION #12 OF 2023 – RULES OF MEETINGS OF THE PLANNING BOARD, ZBA AND ETHICS BOARD OF THE TOWN OF VIENNA

 

WHEREAS, the Town Board of the Town of Vienna appreciates the dedication of individuals on all the boards; and

WHEREAS, the Town Board of the Town of Vienna realizes that we need to make sure that we have a full board to represent the residents in the timely fashion necessary; and

BE IT RESOLVED, that when any member of these boards have unexcused absences for more than three

(3) consecutive meetings such member will be subject to replacement on the board by appointment of the Town Board; and

BE IT FURTHER RESOLVED, that the Town Board feels that this will maintain a full board at all times for the residents of the Town.

Date:       January 4, 2023

Motion made by: Councilman Spellicy Motion seconded by: Councilman Smith

VOTING RECORD:

Supervisor Michael M. Davis Sr.                                AYE

Councilman Jason Spellicy                                           AYE

Councilman Jason C. Lamb                                         AYE

Councilman Darrin Smith                                            AYE

Councilwoman Gail Whitham                                     AYE

RESOLUTION #13 OF 2023 – ESTABLISHING HOLIDAYS FOR TOWN OF VIENNA OFFICIALS

 

MOTION BY: Councilman Smith SECONDED BY: Councilman Lamb

To establish the PAID HOLIDAYS (PROVIDED IT IS THEIR NORMAL WORK DAY AND FOR THEIR NORMAL

WORK HOURS) FOR THE Town Officials and Employees:

Martin Luther King	Monday	01/16/23
President’s Day	Monday	02/20/23
Good Friday	Friday	04/07/23
Memorial Day	Monday	05/29/23
Primary Day	Tuesday	06/06/23
Juneteenth	Monday	06/19/23
July 3rd	Monday	07/03/23
July 4th	Tuesday	07/04/23
Labor Day	Monday	09/04/23
Columbus Day	Monday	10/09/23
Election Day	Tuesday	11/07/23
Veterans Day	Friday	11/10/23

Thanksgiving	Thursday	11/23/23
Day After Thanksgiving	Friday	11/24/23
Christmas            Eve Day	Friday	12/22/23
Christmas Day	Monday	12/25/23
New Year’s	Monday	01/01/24
Date:       January 4, 2023
VOTING RECORD: Supervisor Michael M. Davis Sr.	AYE
Councilman Jason Spellicy	AYE
Councilman Jason C. Lamb	AYE
Councilman Darrin Smith	AYE
Councilwoman Gail Whitham	AYE

RESOLUTION # 14 OF 2023 – CODE OF CONDUCT

 

In an effort to provide an atmosphere conducive to conducting the official business of the Town of Vienna, The Town Board of said Town has adopted the following resolution.

BE IT RESOLVED, that the Town Board of the Town of Vienna adopts the following standards of conduct on any Town Property to comply with the TOV Handbook.

All persons, either public official or private citizen, shall refrain from making inappropriate, offensive, insulting or malicious remarks to anyone. Likewise, vocal, boisterous or other disruptive demonstrations which will disrupt the orderly flow of Town business or Town meetings will not be allowed. Any person engaging in this type of behavior shall be ruled out of order, and shall be escorted from the building.

Elected Officials, Appointed Officials, and Employees, shall be expected to treat each other and the public with respect.

Any person who observes or overhears any violation of this order will contact the most senior town official in attendance of this violation. Said senior town official will deliver a copy of this resolution to the violator and request that the violator refrain from such conduct. If the violator continues the use of said language in addition to any other sanction prescribed under the New York State Penal Law, he (she) will be ordered to immediately vacate the property.

In the event that the offender is an appointed official and re-violates this order he/she will be removed from that position.

In the event that the offender is an employee of the Town and a member of a collective bargaining unit and re-violates this order he/she will be disciplined as per union contract.

In the event that the offender is an employee of the town and re-violates this order he/she will be terminated from that position.

In the event that the violator is an elected official and re-violates this order he/she will be disciplined as per state law governing elective officials.

Date:       January 4, 2023

Motion made by: Councilman Spellicy Motion seconded by: Councilman Lamb VOTING RECORD:

Supervisor Michael M. Davis Sr.                                AYE

Councilman Jason Spellicy                                           AYE

Councilman Jason C. Lamb                                         AYE

Councilman Darrin Smith                                            AYE

Councilwoman Gail Whitham                                     AYE

RESOLUTION #15 OF 2023 – INTERNET TECHNICIAN CONFIDENTIALITY AGREEMENT

 

THIS CONFIDENTIALITY AGREEMENT (the “Agreement”) dated this 4th day of January, 2023

BETWEEN:

Town of Vienna Town Board at 2083 State Rt. 49 Vienna, NY (the “Employer”)

OF THE FIRST PART

– AND –

Computer with A Heart, Inc… of Durhamville, NY (the “Contractor”)

OF THE SECOND PART

BACKGROUND:

1. The Contractor is currently or may be retained as an independent contractor with the Employer for the position of: IT Consultant. In addition to this responsibility or position (the “Retainer”), this Agreement also covers any position or responsibility now or later held with the
2. The Contractor will receive from the Employer, or develop on the behalf of the Employer, Confidential Information as a result of the Retainer (the ‘Permitted Purpose’).
3. The Town Supervisor will be the Liaison between the Contractor and the

IN CONSIDERATION OF and as a condition of the Employer retaining the Contractor and the Employer providing the Confidential Information to the Contractor in addition to other valuable consideration, the receipt and sufficiency of which consideration is hereby acknowledged, the parties to this Agreement agree as follows:

• Confidential Information

The Contractor acknowledges in any position the Contractor may hold, in and as a result of the Contractor’s retainer by the Employer, the Contractor will, or may, be making use of, acquiring or adding to information about certain matters and things which are confidential to the Employer and which information is the exclusive property of the Employer, including, without limitation:

1. ‘Confidential Information’ means all data and information relating to the business and management of the Employer, including proprietary and trade secret technology and accounting records to which access is obtained by the Contractor, including Work Product, Production Processes, Other Proprietary Data, Business Operations, Computer Software, Computer Technology, Marketing and Development Operations, and Customers. Confidential Information will also include any information which has been disclosed by a third party to the Employer and governed by a non-disclosure agreement entered into

between the third party and the Employer. Confidential Information will not include information that:

1. is generally known in the industry of the Employer;
2. is now or subsequently becomes generally available to the public through no wrongful act of the Contractor;

• the Contractor rightfully had in his possession prior to receiving the Confidential Information from the Employer;

1. is independently created by the Contractor without direct or indirect use of the Confidential Information; or;
2. the Contractor rightfully obtains from a third party who has the right to transfer or disclose
3. ‘Work Product’ means work product resulting from or related to work or projects performed or to be performed for the Employer or for clients of the Employer, of any type or form in any stage of actual or anticipated research and development;
4. ‘Production Processes’ means processes used in the creation, production and manufacturing of the Work Product, including but not limited to formulas, patterns, molds, models, methods, techniques, specifications, processes, procedures, equipment, devices, programs, and designs;
5. ‘Other Proprietary Data’ means information relating to the Employer’s proprietary rights prior to any public disclosure of such information, including but not limited to the nature of the proprietary rights, production data, technical and engineering data, technical concepts, test data and test results, simulation results, the status and details of research and development of products and services, and information regarding acquiring, protecting, enforcing and licensing proprietary rights (including patents, copyrights and trade secrets);
6. ‘Business Operations’ means internal personnel and financial information, vendor names and other vendor information (including vendor characteristics, services and agreements), purchasing and internal cost information, internal services and operational manuals, and the manner and methods of conducting the Employer’s business;
7. ‘Computer Software’ means all sets of statements, instructions or programs, whether in human readable or machine readable form, that are expressed, fixed, embodied or stored in any manner and that can be used directly or indirectly in a computer (‘Computer Programs’); any report format, design or drawing created or produced by such Computer Programs; and all documentation, design specifications and charts, and operating procedures which support the Computer Programs;
8. ‘Computer Technology’ means all scientific and technical information or material pertaining to any machine, appliance or process, including specifications, proposals, models, designs, formulas, test results and reports, analyses, simulation results, tables of operating conditions, materials, components, industrial skills, operating and testing procedures, shop practices, know-how and show-how;
9. ‘Marketing and Development Operations’ means marketing and development plans, price and cost data, price and fee amounts, pricing and billing policies, quoting procedures, marketing techniques and methods of obtaining business, forecasts and forecast assumptions and

volumes, and future plans and potential strategies of the Employer which have been or are being discussed; and

1. ‘Customers’ means names of customers and their representatives, contracts and their contents and parties, customer services, data provided by customers and the type, quantity and specifications of products and services purchased, leased, licensed or received by clients of the

• Confidential Obligations

1. Except as otherwise provided in this Agreement, the Contractor must keep the Confidential Information
2. Except as otherwise provided in this Agreement, the Confidential Information will remain the exclusive property of the Employer and will only be used by the Contractor for the Permitted Purpose. The Contractor will not use the Confidential Information for any purpose which might be directly or indirectly detrimental to the Employer or any of its affiliates or
3. Except as other wise provided in this Agreement, the Confidential Information will remain confidential unless the Town of Vienna Town Board, by board motion authorizes the information to be released from the
4. Except as other wise provided in this Agreement, the Confidential Information for Vital Records retained by the Town Clerk of the Town of Vienna will be removed from the system completely, by the contractor, before any information can or will be

Motion made by:  Councilman Spellicy Motion seconded by:                 Councilwoman Whitham

VOTING RECORD:

Supervisor Michael M. Davis Sr.             AYE

Councilman Jason Spellicy                   AYE

Councilman Jason C. Lamb                    AYE

Councilman Darrin Smith                     AYE

Councilwoman Gail Whitham                   AYE

RESOLUTION #16 OF 2023 – FOOD ALLOWANCE

 

MOTION BY:  Councilman Smith SECONDED BY:            Councilwoman Whitham

SUBJECT:  To allow up to but not to exceed $40.00 per day pre approved reimbursement of food expenses to be designated to town employees, for town business.     Each month the elected official or appointed employee of the town shall submit a voucher with the receipt proving the food expenses.

This shall be done monthly in order to receive the reimbursement from the Town of Vienna. Only designated town employees doing town business or attending training sessions pertaining to their position are eligible for this reimbursement.       This does not pertain to the

daily business of town business as an elected official or an appointed employee.

This resolution was presented at the regular board meeting of the Town of Vienna, North Bay, New York, 13123, held at 7:00 PM Eastern Standard Time on January 4, 2022.

VOTING RECORD:

Supervisor Michael M. Davis Sr.             AYE

Councilman Jason Spellicy                   AYE

Councilman Jason C. Lamb                    AYE

Councilman Darrin Smith                     AYE

Councilwoman Gail Whitham                   AYE

RESOLUTION #17 OF 2023 – INVESTMENT POLICY

 

1. SCOPE

This investment policy applies to all moneys and other financial resources available for deposit and investment by the Town of Vienna (TOV) on its own behalf or on any other entity or individual.

1. OBJECTIVES

The primary objectives of the local government’s investment activities are, in priority order:

• To conform with all applicable federal, State and other legal requirements (legality);
• To adequately safeguard principal (safety);
• To provide sufficient liquidity to meet all operating requirements (liquidity) and
• To obtain a reasonable rate of return (yield).

• DELEGATION OF AUTHORITY

The governing board’s responsibility for administration of the investment program is delegated to the Chief Fiscal Officer (CFO) who shall establish written procedures for the operation of the investment program consistent with these investment policies. Such procedures shall include internal controls to provide a satisfactory level of accountability based upon records incorporating the description and amounts of investments, the fund(s) for which they are held, the place(s) where kept, and other relevant information, including dates of sale or other dispositions and amounts realized. In addition, the internal control procedures shall describe the responsibilities and levels of authority for key individuals involved in the investment program.

1. 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 Town to govern effectively.

Investments shall be made with prudence, diligence, skill, judgment and care, under circumstances then prevailing, which knowledgeable and prudent persons acting in like capacity would use, 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.

1. DIVERSIFICATION

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

The governing board shall establish appropriate limits for the amount of investments which can be made with each financial institution or dealer, and shall evaluate this listing at least annually.

1. INTERNAL CONTROLS

It is the policy of the Town for all moneys collected by any officer or employee of the government to transfer those funds to the CFO within 2 days of deposit, or within the time period specified in law, whichever is shorter.

The CFO is responsible for establishing and maintaining internal control procedures 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, properly recorded, and managed in compliance with applicable laws and regulations.

• DESIGNATION OF DEPOSITARIES

The banks and trust companies that are authorized for the deposit of moneys, and the maximum amount which may be kept on deposit at any time, are:

Adirondack Bank – $10,000,000.00 Maximum

• SECURING DEPOSITS AND INVESTMENTS

All deposits and investments at a bank or trust company, including all demand deposits, certificates of deposit and special time deposits (hereinafter, collectively, “deposits”) made by officers of the Town that are in excess of the amount insured under the provisions of the Federal Deposit Insurance Act, including pursuant to a Deposit Placement Program in accordance with law, shall be secured by:

1. A pledge of “eligible securities” with an aggregate “market value” (as provided by the GML Section 10) that is at least equal to the aggregate amount of deposits by the officers. See Schedule A of this policy for a listing of “eligible securities”

1. COLLATERALIZATION AND SAFEKEEPING

Eligible securities used for collateralizing deposits made by officers of the Town shall be held by the depositary bank or trust company subject to security and custodial agreements.

The security agreement shall provide the eligible securities (or the pro rata portion of a pool of eligible securities) are being pledged to secure such deposits together with agreed-upon interest, if any, and any costs or expenses arising out of the collection of                        such deposits upon a default.                  It shall also provide the conditions under which the securities (or pro rata portion of a pool of eligible securities) held may be sold, presented for payment, substituted or released and the events of default which will enable the local government to exercise its rights against the pledged securities.

In the event that the pledged securities are not registered or inscribed in the name of the Town, such securities shall be delivered in a form suitable for transfer or with an assignment in blank to the Town or the custodial bank or trust company.                                Whenever eligible securities delivered to the custodial bank or trust company are transferred by entries on the books of a federal reserve bank or other book-entry system operated by a federally regulated entity without physical delivery of the evidence of the obligations, then the records of the custodial bank or trust company shall be required to show, at all times, the interest of the local government in the securities (or pro rata portion of a pool of eligible securities) as set forth in the security agreement.

The custodial agreement shall provide that pledge securities (or the pro rata portion of a pool of eligible securities) will be held by the custodial bank or trust company as agent of, and custodian for, the Town, will be kept and apart from the general assets of the custodial bank or trust company and will not be commingled with or become part of the backing of any other deposit or other bank liability.                                                         The agreement shall also describe how the custodian shall confirm the receipt, substitution or release of the collateral and it shall provide for the frequency of revaluation of collateral by the custodial bank or trust company and the substitution of collateral when a change in the rating of the security causes indelibility. The security and custodial agreements shall also include all other provisions necessary to provide the Town with a perfected security interest in the eligible securities and to otherwise secure the local government’s interest in the collateral, and may contain other provisions that the governing board deems necessary.

• PERMITTED INVESTMENTS

As provided by General Municipal Law Section 11, the Town Board authorizes the CFO 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 in, or certificates of deposit issued by, a bank or trust company located and authorized to do business in the State of New York:

• Obligations of the United States of America;

• Simple interest checking and savings accounts issued by a bank or trust company located and authorized to do business in the State of New York;

• Obligations of the State of New York;

All investment obligations shall be payable or redeemable at the option of the Town 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 in any event at the option of the Town within two years of the date of purchase. Time deposit accounts and certificates of deposit shall be payable within such times as the proceeds will be needed to meet expenditures for which the moneys were obtained, and shall be secured as provided in Sections VIII and IX herein.

Except as may otherwise be provided in a contract bondholders or note holders, any moneys of the Town authorized to be invested may be commingled for investment purposes, provided that any investment of commingled moneys shall be payable or redeemable at the option of the Town within such time as the proceeds shall be needed to meet expenditures for which such moneys were obtained, or as otherwise specifically provided in General Municipal Law Section II. The separate identity of the sources of these funds shall be maintained at all times and income received shall be credited on a pro rata basis to the fund or account from which the moneys were invested.

Any obligation that provides for the adjustment of its interest rate on set dates is deemed to be payable or redeemable on the date on which the principal amount can be recovered through demand by the holder.

1. AUTHORIZED FINANCIAL INSTITUTIONS AND DEALERS

All financial institutions and dealers with which the Town transacts business shall be creditworthy, and have an appropriate level of experience, capitalization, size and other factors that make the financial institution or the dealer capable and qualified to transact business with the Town, The CFO shall evaluate the financial position and maintain a listing of proposed depositaries, trading partners, and custodians. Recent Reports of Condition and Income (call reports) shall be obtained for proposed banks, and security dealers that are not affiliated with a bank shall be required to be classified as reporting dealers affiliated with New York Federal Reserve Bank, as primary dealers.

The Town shall maintain a list of financial instructions and dealers approved for investment purposes and establish appropriate limits to the amounts of investments that can be made with each financial institution or dealer.

• PURCHASE OF INVESTMENTS

The CFO is authorized to contract for the purchase of investments:

1. Directly, from an authorized to trading partner

2. By participation in a cooperative investment agreement with other authorized municipal corporations pursuant to Article 5-G of the General Municipal Law in accordance with Article 3-A of the General Municipal

All purchased obligations, unless registered or inscribed in the name of the Town, shall be purchased though, delivered to and held in the custody of a bank or trust company. Such obligations shall be purchased, sold or presented for redemption or payment by such bank or trust company only in accordance with prior written authorization from the officer authorized to make the investment. All such transactions shall be confirmed in writing to the Town by the bank or trust company.

Any obligation held in the custody of a bank or trust company shall be held pursuant to a written custodial agreement as described in General Municipal Law Section 10(3)(a). The agreement shall provide that securities held by the bank or thrust company, as agent of, and custodian for, the Town, will be kept separate and apart from the general assets of the custodial bank or trust company and will not be commingled with or become part of the backing of any other deposit or other bank liability. The agreement shall also describe how the custodian shall confirm the receipt and release of the securities.

Such agreements shall include all provisions necessary to secure the local government’s perfected interest in the securities, and the agreement may also contain other provisions that the governing board deems necessary. The security and custodial agreements shall also include all other provisions necessary to provide the Town with a perfected interest in the securities.

The CFO, where authorized, can direct the bank or trust company to register and hold the evidences of investments in the name of its nominee, or may deposit or authorize the bank or trust company to deposit, or arrange for the deposit of any such evidences of investments with a federal reserve bank or other book-entry transfer system operated by a federally regulated entity. The records of the bank or trust company shall show, at all times, the ownership of such evidences of investments, and they shall be, when held in the possession of the bank or trust company, at all times, kept separate from the assets of the bank or trust company. All evidences of investments delivered to a bank or trust company shall be held by the

bank or trust company pursuant to a written custodial agreement as set forth in General Municipal Law Section 10(3)(a), and as described earlier in this section. When any such evidences of investment are so registered in the name of a nominee, the bank or trust company shall be absolutely liable for any loss occasioned by the acts of such nominee with respect to such evidences of investments.

• COURIER SERVICE

The CFO may, subject to the approval of the governing board by resolution, enter into a contract with a courier service for the purpose of causing the deposit of public funds with a bank or trust company. The courier service shall be required to obtain a surety bond for the full amount entrusted to the courier, payable to the Town and executed by an insurance company authorized to do business in the State of New York, with a claims-paying ability that is rated in the highest category by at least two nationally recognized statistical rating organizations, to insure against any loss of public deposits entrusted to the courier service.

The Town may agree with the depositary bank or trust company that the bank or trust company will reimburse all or part of, but not more that, the actual cost incurred by the Town in transporting items for deposit through a courier service. Any such reimbursement agreement shall apply only to a specified deposit transaction, and may be subject to such terms, conditions and limitations as the bank or trust company deems necessary to ensure sound banking practices, including, but not limited to, any terms, conditions or limitations that may be required by the Department of Financial Services or other federal or State authority.

• ANNUAL REVIEW AND AMENDMENTS

The Town shall review this investment policy annually, and it shall have the power to amend this policy at any time.

1. DEFINITIONS

The terms “public funds,” “public deposits,” “bank,” “trust company,” “eligible securities,” “eligible surety bond,” and “eligible letter of credit” shall have same meaning as set forth in General Municipal Law Section 10.

Appendix A – Investment Policy Schedule A

Schedule of Eligible Securities for Collateralizing Deposits and Investments in Excess of FDIC Coverage

“Eligible Securities” for Collateral  For purpose of determining aggregate “market value,” eligible

Securities shall be valued at these

percentages of “market value”:

(i) Obligations issued, or fully insured or guaranteed as to the 100%

payment of principal and invest, 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 100%

for Reconstruction and Development, the Inter-America Development Bank, the Asian Development Bank and the African Development Bank.

• Obligations partially issued or guaranteed by any agency of the 100%

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 100%

New York, 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.

• Obligations issued by states (other than the State of New York) 100%

if rated in the highest category; 90% for 2nd highest;

of the United States rated in one of the three highest rating 80%

for 3rd highest.  categories by at least one nationally recognized statistical rating

organization.

(v) Obligations issued of the Commonwealth of Puerto Rico rated 100%

if rated in the highest category;                        90% for 2 highest; in one of the three highest rating categories by at least one nationally                        80%

for 3rd highest.  recognized statistical rating organization.

• Obligations of countries, cities and other governmental entities 100%

if rated in the highest category; 90% for 2nd highest;

of another state having the power to levy taxes that are backed by 80%

for 3rd highest.  the full faith and credit of such government 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 two 80%

highest rating categories by at least one nationally recognized statistical rating organization.

(xi) Any mortgage-related securities, as defined in the Securities 70%

exchanged Act of 1934, as amended, which may be purchased by

banks under the limitations established by federal bank regulatory agencies.

• Commercial paper and bankers’ acceptances issued by a bank 80%

(other than the bank with the money is being deposited or invested) 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 80%

marketed as “Treasury STRIPS.)

Date:    January 4, 2022

Motion made by:                Councilman Spellicy Motion seconded by:                Councilman Lamb

VOTING RECORD:

Supervisor Michael M. Davis Sr.             AYE

Councilman Jason Spellicy                   AYE

Councilman Jason C. Lamb                    AYE

Councilman Darrin Smith                     AYE

Councilwoman Gail Whitham                   AYE

RESOLUTION #18 OF 2023 – DESIGNATION OF DEPOSITOR

 

MOTION BY:         Councilman Lamb SECONDED BY:         Councilman Smith

BE IT RESOLVED, that Adirondack Bank be designated as the bank in which all town officers shall deposit all monies coming into their hands by virtue of their offices, as well as the security, if any to be given by the depository for the protection of Town Funds.

Date:    January 4, 2023

VOTING RECORD:

Supervisor Michael M. Davis Sr.             AYE

Councilman Jason Spellicy                   AYE

Councilman Jason C. Lamb                    AYE

Councilman Darrin Smith                     AYE

Councilwoman Gail Whitham                   AYE

RESOLUTION # 19 OF 2023 – TOWN OF VIENNA TRAINING

 

MOTION BY:           Councilman Spellicy SECONDED BY:           Councilman Smith

WHEREAS, Section 77-b of the General Municipal Law allow the governing board of municipalities to authorize any officer or employee to attend a convention, conference or school conducted for the betterment of such municipality;

BE IT RESOLVED, that the Town Board of the Town of Vienna does hereby grant permission to any and all town officer or employee to attend schooling or conferences for the betterment of the municipality with prior board approval.

This resolution was presented at the regular board meeting of the Town of Vienna, North Bay, New York, 13123, held at 7:00 PM on January 4, 2023.

VOTING RECORD:

Supervisor Michael M. Davis Sr.             AYE

Councilman Jason Spellicy                   AYE

Councilman Jason C. Lamb                    AYE

Councilman Darrin Smith                     AYE

Councilwoman Gail Whitham                   AYE

RESOLUTION #20 OF 2023 – DESIGNATION OF CERTIFIED PUBLIC ACCOUNTANTS

 

MOTION BY:           Councilman Spellicy SECONDED BY:           Councilman Lamb

SUBJECT:  To designate Gustafson & Co. as the Certified Public Accountants & Consultants for the Town of Vienna in all agreed upon procedures and reports for the town.

This resolution was presented at the Regular Town Board meeting of the Town of Vienna, North Bay, New York, 13123, held at 7:00 P.M. Eastern Standard Time on January 4, 2023.

VOTING RECORD:

Supervisor Michael M. Davis Sr.             AYE

Councilman Jason Spellicy                   AYE

Councilman Jason C. Lamb                    AYE

Councilman Darrin Smith                     AYE

Councilwoman Gail Whitham                   AYE

RESOLUTION #21 OF 2023 – RESOLUTION FOR THE PUBLIC EMPLOYER HEALTH EMERGENCY PLAN

 

MOTION BY: Councilman Spellicy SECONDED BY:            Councilwoman Whitham

WHEREAS, on September 7, 2020 the Governor signed Senate Bill S8617B into law requiring public employers to develop health emergency plans for the protection of employees and contractors; and

WHEREAS, the Town of Vienna fully supports the health and safety of our employees and contractors; and

WHEREAS, the plan supports continuity of operations of the Town of Vienna; and

WHEREAS, the plan was developed collaboratively with several officials of the Town of Vienna; and

WHEREAS, the plan has been developed to meet the requirements set forth in the aforementioned law; and

WHEREAS, the Town of Vienna provided labor unions representing the Town of Vienna employees the opportunity to review and comment on the draft plan; and

BE IT RESOLVED, that the Town Board of the Town of Vienna approves the public employer health emergency plan of the Town of Vienna; and

FURTHER BE IT RESOLVED, that the Town Board of the Town of Vienna authorizes the Town Supervisor/Deputy Town Supervisor to sign the plan, putting it into full force and effect in accordance with the law and the provisions identified in the plan.

This resolution was presented at the regular board meeting of the Town of Vienna, North Bay, New York, 13123, held at 7:00 PM on January 4, 2023.

VOTING RECORD:

Supervisor Michael M. Davis Sr.             AYE

Councilman Jason Spellicy                   AYE

Councilman Jason C. Lamb                    AYE

Councilman Darrin Smith                     AYE

Councilwoman Gail Whitham                   AYE

Resolution #22 of 2023 – Telecom & Audio Video Consultant CONFIDENTIALITY AGREEMENT

 

THIS CONFIDENTIALITY AGREEMENT (the “Agreement”) dated this 4th day of January, 2023

BETWEEN:      Town of Vienna Town Board at 2083 State Rt. 49 Vienna, NY (the “Employer”)

OF THE FIRST PART

-AND–

-CNY Telecom LLC at 111 W. Noyes BLVD Rear Unit., Sherrill, NY 13461 (the “Contractor”)

OF THE SECOND PART

BACKGROUND:

1. The Contractor is currently or may be retained as an independent contractor with the Employer for the position of: Telecom and Audio/ video consultant. In addition to this responsibility or position (the “Retainer”), this Agreement also covers any position or responsibility now or later held with the
2. The Contractor will receive from the Employer, or develop on the behalf of the Employer, Confidential Information as a result of the Retainer (the ‘Permitted Purpose’).
3. The Town of Vienna Supervisor will be authorized to access the Audio /Video and Telecom System for maintenance reasons. The Town Supervisor will be the liaison between the Town Board and the Contractor for said

IN CONSIDERATION OF and as a condition of the Employer retaining the Contractor and the Employer providing the Confidential Information to the Contractor in addition to other valuable consideration, the receipt and sufficiency of which consideration is hereby acknowledged, the parties to this Agreement agree as follows:

• Confidential Information

The Contractor acknowledges in any position the Contractor may hold, in and as a result of the Contractor’s retainer by the Employer, the Contractor will, or may, be making use of, acquiring or adding to information about certain matters and things which are confidential to the Employer and which information is the exclusive property of the Employer, including, without limitation:

1. ‘Confidential Information’ means all data and information relating to the business and management of the Employer, including proprietary and trade secret technology and accounting records to which access is obtained by the Contractor, including Work Product, Production Processes, Other Proprietary Data, Business Operations, Computer Software, Computer Technology, Marketing and Development Operations, and Customers. Confidential Information will also include any information which has been disclosed by a third party to the Employer and governed by a non-disclosure agreement entered into between the third party and the Employer. Confidential Information will not include information that:
2. is generally known in the industry of the Employer;

1. is now or subsequently becomes generally available to the public through no wrongful act of the Contractor;

• the Contractor rightfully had in his possession prior to receiving the Confidential Information from the Employer;

1. is independently created by the Contractor without direct or indirect use of the Confidential Information; or;
2. the Contractor rightfully obtains from a third party who has the right to transfer or disclose
3. ‘Work Product’ means work product resulting from or related to work or projects performed or to be performed for the Employer or for clients of the Employer, of any type or form in any stage of actual or anticipated research and development;
4. ‘Production Processes’ means processes used in the creation, production and manufacturing of the Work Product, including but not limited to formulas, patterns, molds, models, methods, techniques, specifications, processes, procedures, equipment, devices, programs, and designs;
5. ‘Other Proprietary Data’ means information relating to the Employer’s proprietary rights prior to any public disclosure of such information, including but not limited to the nature of the proprietary rights, production data, technical and engineering data, technical concepts, test data and test results, simulation results, the status

and details of research and development of products and services, and information regarding acquiring, protecting, enforcing and licensing proprietary rights (including patents, copyrights and trade secrets);

1. ‘Business Operations’ means internal personnel and financial information, vendor names and other vendor information (including vendor characteristics, services and agreements), purchasing and internal cost information, internal services and operational manuals, and the manner and methods of conducting the Employer’s business;
2. ‘Computer Software’ means all sets of statements, instructions or programs, whether in human readable or machine readable form, that are expressed, fixed, embodied or stored in any manner and that can be used directly or indirectly in a computer (‘Computer Programs’); any report format, design or drawing created or produced by such Computer Programs; and all documentation, design specifications and charts, and operating procedures which support the Computer Programs;
3. ‘Computer Technology’ means all scientific and technical information or material pertaining to any machine, appliance or process, including specifications, proposals, models, designs, formulas, test results and reports, analyses, simulation results, tables of operating conditions, materials, components, industrial skills, operating and testing procedures, shop practices, know-how and show-how;
4. ‘Marketing and Development Operations’ means marketing and development plans, price and cost data, price and fee amounts, pricing and billing policies, quoting procedures, marketing techniques and methods of obtaining business, forecasts and forecast assumptions and volumes, and future plans and potential strategies of the Employer which have been or are being discussed; and

1. ‘Customers’ means names of customers and their representatives, contracts and their contents and parties, customer services, data provided by customers and the type, quantity and specifications of products and services purchased, leased, licensed or received by clients of the

• Confidential Obligations

1. Except as otherwise provided in this Agreement, the Contractor must keep the Confidential Information
2. Except as otherwise provided in this Agreement, the Confidential Information will remain the exclusive property of the Employer and will only be used by the Contractor for the Permitted Purpose. The Contractor will not use the Confidential Information for any purpose which might be directly or indirectly detrimental to the Employer or any of its affiliates or
3. Except as other wise provided in this Agreement, the Confidential Information will remain confidential unless the Town of Vienna Town Board, by board motion authorizes the information to be released from the

Date:    January 4, 2023

Motion made by:  Councilman Lamb

Motion seconded by:   Councilman Spellicy

VOTING RECORD:

Supervisor Michael M. Davis Sr.             AYE

Councilman Jason Spellicy                   AYE

Councilman Jason C. Lamb                    AYE

Councilman Darrin Smith                     AYE

Councilwoman Gail Whitham                   AYE

Public Comments:

Mike Piper- Asked if the advisory committee will be notified about the public meeting on the water feasibility study. Supervisor Davis stated that they will be informed of the meeting day and time. Paying off the North Shore Water made a difference in the tax bills.

Brianne Hand- Requested that permit numbers and public notices/ hearings be followed with an explanation as to what they mean when posted in the paper. Both Supervisor Davis and Town Clerk Beth stated that can be done.

Dean Marrichone- Asked if the resolutions will be made available on the website. Supervisor Davis stated that they will be posted on the website.

A motion was entertained by Councilman Spellicy and seconded by Councilman Smith to advertise, for two weeks, for the open Zoning Board of Appeals, Building inspector, and Planning Board positions. Applications will be due January 31st, 2023.                           Motion carried

Voting Record:

Supervisor Davis                 Aye

Councilman Spellicy              Aye

Councilman Lamb                  Aye

Councilwoman Whitham             Aye

Councilman Smith                 Aye No executive session needed.

ADJOURN: 7:53 PM

A motion was entertained by Supervisor Davis and seconded by Councilman Spellicy to adjourn the meeting at 7:53PM.                                                      Motion carried.

Voting Record:

Supervisor Davis                 Aye

Councilman Spellicy              Aye

Councilman Lamb                  Aye

Councilwoman Whitham             Aye

Councilman Smith                 Aye

Respectfully Submitted,

Beth A. Bunce