Town of Vienna
Town Board Meeting Minutes
January 3, 2024

A complete PDF file of this meeting’s proceedings including 2024 appointments and 24 Resolutions is available here.

ATTENDANCE:
Councilwoman Mary Beth McEwen Councilman Darrin Smith Councilman Jason Spellicy Councilman Jason Lamb Supervisor Michael Davis

CALL TO ORDER: Supervisor Davis called the meeting to order at 7:00 pm, followed by the Pledge of Allegiance.

OATH OF OFFICE: Town Clerk, Carol Huber gave the Oath of Office to Supervisor Davis, Councilman Spellicy and Councilman Lamb.

NOCCOG: Joe Rowlands went over the Northern Oneida County Council of Government news. Registration information for the 2024 Local Government Conference, May 1st & 2nd can be found on the Tug Hill Commission’s LGC registration webpage.

NORMAN LEACH: Absent

APPROVAL OF MINUTES: A motion was made by Councilman Spellicy to approve the December 6, 2023 Minutes and seconded by Councilman Lamb.

Voting Record: Councilwoman Mary Beth McEwen Abstain Councilman Darrin Smith Aye

Councilman Jason Spellicy Aye
Councilman Jason Lamb Aye
Supervisor Michael Davis Aye

A motion was made by Councilman lamb to approve the December 18, 2023 Minutes and seconded by Councilman Smith.

Voting Record:
Councilwoman Mary Beth McEwen Abstain
Councilman Darrin Smith Aye
Councilman Jason Spellicy Aye
Councilman Jason Lamb Aye
Supervisor Michael Davis Aye

A motion was made by Councilman Spellicy to approve the December 27, 2023 Minutes and seconded by Councilman Lamb.

Voting Record:
Councilwoman Mary Beth McEwen Abstain
Councilman Darrin Smith Aye
Councilman Jason Spellicy Aye
Councilman Jason Lamb Aye
Supervisor Michael Davis Aye

AUDITED VOUCHERS:
A motion was made by Councilman Smith and seconded by Councilman Spellicy to approve the vouchers to be paid.

SUPERVISOR’S REPORT:
Supervisor’s Report is filed in the Town Clerk’s office. It was noted that the Supervisor’s reports will need to be updated on the Town’s Website.

TOWN CLERK’S REPORT:
Town Clerk read her report and will be filed in the Town Clerk’s office. Taxes collected as of today were, $63,636.73.

All other reports given will be filed in the Town Clerk’s office.

A motion was made by Councilman Smith to approve the Town Clerk’s Report and seconded by Councilman Lamb. Voting Record:
Councilwoman Mary Beth McEwen Aye
Councilman Darrin Smith Aye
Councilman Jason Spellicy Aye
Councilman Jason Lamb Aye
Supervisor Michael Davis Aye

HIGHWAY DEPARTMENT:
Clayton Conover mentioned that the funding for the West Lake Bridge deadline is January 26.

COUNCIL REPORTS:
Councilman Smith reported that the Planning Board discussed the training needs of its members and that there is a Public Hearing about the Rt. 49 Solar Project on January 18, also Dollar General Representatives will be there. Councilman Spellicy reported that the Digital Sign for out front is still in progress and more updates by the end of January. Councilman Lamb reported that he is still working on the reasons for power outages with no rhyme or reason. Supervisor Davis reported that we received a letter from Oneida County stating the Local Laws submitted previously were filed with Oneida County. He also reported that Councilwoman McEwen will be able to help with Grant writing and Audit of Supervisors Report in the future if needed and Councilman Lamb will be overseeing Water and Sewer Issues.

OLD BUSINESS:
IT Contract has been signed.
Verizon Land Lease Agreement Resolution will be signed this evening, but still working on the Ethernet direct hook- up possibility.

Water Extension will get final piece of information to be able to get a petition signed and hold a Public Hearing.

NEW BUSINESS:
Anne Hopkings, Historian will email progress reports to Supervisor monthly.

Appointments were as follows;

2024 Appointments:
Deputy Supervisor Jason Spellicy
Bookkeeper Ben Gasser
Budget Officer Ben Gasser
Historian Ann Hopkins
Deputy Town Clerk (1) Kathy Pavelock

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 Mary Beth McEwen Aye

IN TESTIMONY HEREOF, I have hereunto set my hand and affixed the seal of the Town of Vienna.

(SEAL)

Carol L Huber
Carol Huber Town Clerk

2024 Resolutions were as follows;

RESOLUTION #1 OF 2024 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 3, 2024

Motion made by: Councilman Lamb 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 Mary Beth McEwen Aye

IN TESTIMONY HEREOF, I have hereunto set my hand and affixed the seal of the Town of Vienna.

(SEAL) Carol L Huber Carol Huber Town Clerk

RESOLUTION #2 OF 2024

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 3rd day of January, 2024 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 Clerk. 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

1. The order of business will be as presented on the Agenda:

   Section 10. 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 3, 2024

   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 Mary Beth McEwen Aye

   IN TESTIMONY HEREOF, I have hereunto set my hand and affixed the seal of the Town of Vienna.

   (SEAL)

   Carol Huber Town Clerk

   RESOLUTION #3 OF 2024 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 3, 2024

   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 Mary Beth McEwen Aye

   IN TESTIMONY HEREOF, I have hereunto set my hand and affixed the seal of the Town of Vienna.

   (SEAL)

   Carol L Huber
   Carol Huber Town Clerk

   RESOLUTION #4 OF 2024 MILEAGE RATE

   SUBJECT: To allow $.69 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 3, 2024

   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 Mary Beth McEwen Aye

   IN TESTIMONY HEREOF, I have hereunto set my hand and affixed the seal of the Town of Vienna.

   (SEAL) 
   Carol L Huber 
   Carol Huber Town Clerk

   RESOLUTION #5 OF 2024

   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;

2. 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 3, 2024

   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 Mary Beth McEwen Aye

   IN TESTIMONY HEREOF, I have hereunto set my hand and affixed the seal of the Town of Vienna.

   (SEAL) 
   Carol L Huber
   Carol Huber Town Clerk

   RESOLUTION #6 OF 2024

   AUTHORIZED UP TO $3,500.00 FOR HIGHWAY SUPERINTENDENT

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

   ADOPTED: Not withstanding the procurement policy on January 3,2024, 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 Mary Beth McEwen Aye

   IN TESTIMONY HEREOF, I have hereunto set my hand and affixed the seal of the Town of Vienna.

   (SEAL) 
   Carol L Huber
   Carol Huber Town Clerk

   RESOLUTION #7 OF 2024 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 3, 2024

   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 Mary Beth McEwen Aye

   IN TESTIMONY HEREOF, I have hereunto set my hand and affixed the seal of the Town of Vienna.

   (SEAL) 
   Carol L Huber
   Carol Huber Town Clerk

   RESOLUTION #8 OF 2024 PROCUREMENT POLICY

   The following resolution was offered by Councilman Smith, who moved its adoption, seconded by Councilman Lamb, 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

B. 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.

C. 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

D. 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.

E. Documentation is required of each action taken in connection with each procurement.

F. 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 circumstances.

G. 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:

• • 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:

    1. Whether the services are subject to State licensing or testing requirements

    2. Whether substantial formal education or training is a necessary prerequisite to the performance of the services;

    3. 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:

    1. Services of an attorney

    2. Services of a physician

    3. Technical services of an engineer engaged to prepare plans, maps and estimates

    4. Securing insurance coverage and/or services of an insurance broker

    5. Services of a certified public accountant

    6. Investment management services

    7. Printing services involving extensive writing

    8. Editing or artwork

    9. Management of municipally owned property

    10. Computer software or programming services for customized programs, or services involved in substantial modification and customizing of prepackaged software.

  • 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 permits.

  • 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 product.

  • 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.

H. This policy shall go into effect January 3, 2024 and will be reviewed annually.

VOTING RECORD:

Supervisor Michael M. Davis Sr. Aye
Councilman Jason Spellicy Aye
Councilman Jason C. Lamb Aye
Councilman Darrin Smith Aye
Councilwoman Mary Beth McEwen Aye

IN TESTIMONY HEREOF, I have hereunto set my hand and affixed the seal of the Town of Vienna.

(SEAL) 
Carol L Huber
Carol Huber Town Clerk

RESOLUTION #9 OF 2024 DESIGNATION OF OFFICIAL NEWSPAPER

MOTION BY: Councilwoman McEwen

SECONDED BY: Councilman Smith

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 readily available throughout the whole Town of Vienna.

BE IT FURTHER RESOLVED, that this legislation is effective January 3, 2024

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

IN TESTIMONY HEREOF, I have hereunto set my hand and affixed the seal of the Town of Vienna.

(SEAL) 
Carol L Huber
Carol Huber Town Clerk

RESOLUTION #10 OF 2024

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 accounts.

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 3, 2024

Motion made by: Councilman Lamb 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

IN TESTIMONY HEREOF, I have hereunto set my hand and affixed the seal of the Town of Vienna.

(SEAL) 
Carol L Huber
Carol Huber Town Clerk

RESOLUTION #11 OF 2024 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 3, 2024

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 Mary Beth McEwen Aye

IN TESTIMONY HEREOF, I have hereunto set my hand and affixed the seal of the Town of Vienna.

(SEAL) 
Carol L Huber
Carol Huber Town Clerk

RESOLUTION #12 OF 2024

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 3, 2024

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 Mary Beth McEwen Aye

IN TESTIMONY HEREOF, I have hereunto set my hand and affixed the seal of the Town of Vienna.

(SEAL) 
Carol L Huber
Carol Huber Town Clerk

RESOLUTION #13 OF 2024

ESTABLISHING HOLIDAYS FOR TOWN OF VIENNA OFFICIALS

MOTION BY: Councilman Lamb

SECONDED BY: Councilman Spellicy

To establish the PAID HOLIDAYS (PROVIDED IT IS THEIR NORMAL WORK DAY AND FOR THEIR NORMAL WORK HOURS) FOR THE Town Officials and

Employees:

IN TESTIMONY HEREOF, I have hereunto set my hand and affixed the seal of the Town of Vienna.

(SEAL) 
Carol L Huber
Carol Huber Town Clerk

RESOLUTION # 14 OF 2024 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 3, 2024

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 Mary Beth McEwen Aye

IN TESTIMONY HEREOF, I have hereunto set my hand and affixed the seal of the Town of Vienna.
(SEAL) 
Carol L Huber
Carol Huber Town Clerk

See the original PDF file for the remaining Resolutions numbered 15 to 24 from this meeting.

The PDF contains the following Resolutions:
RESOLUTION #15 OF 2024
INTERNET TECHNICIAN CONFIDENTIALITY AGREEMENT
THIS CONFIDENTIALITY AGREEMENT 
BETWEEN:
Town of Vienna 
– AND –
BondarTech.

RESOLUTION #16 OF 2024
FOOD ALLOWANCE

RESOLUTION #17 OF 2024
INVESTMENT POLICY

RESOLUTION #18 OF 2024
DESIGNATION OF DEPOSITOR

RESOLUTION # 19 OF 2024
TOWN OF VIENNA TRAINING

RESOLUTION #20 OF 2024
DESIGNATION OF CERTIFIED PUBLIC ACCOUNTANTS

RESOLUTION #21 OF 2024
RESOLUTION FOR THE PUBLIC EMPLOYER HEALTH EMERGENCY PLAN

Resolution #23 of 2024
Telecom & Audio Video Consultant
CONFIDENTIALITY AGREEMENT

RESOLUTION NO. 24 OF 2024
WHEREAS, Bell Atlantic Mobile Systems LLC d/b/a Verizon Wireless (hereinafter
“Verizon Wireless”) is a Federal Communications Commission (“FCC”) license holder engaged
in the provision of personal wireless and commercial radio services