December 2022 Board Minutes

The regular meeting of the Village of Clyde Mayor and Board of Trustees was brought to order by

Mayor Fremouw at 7:00 pm followed by the pledge of allegiance. Meeting was held in the Board

Room, 6 S Park St. Clyde, NY 14433.

Present: Trustees, B. Shimp, N. Kinnetz, M. DeVito and R. Kanaley; DPW Superintendent, J.

Reed, Village Engineers, Brad Upson; Project Manager, D. Dapolito

Guests: Raymond Wunder III, Jaymee Snyder, Raymond Wunder Jr, Ronald Wunder, Roger

Wunder, Ryan Wunder, Lauren Wunder, Vickie Rouse, Floyd Rouse, Aaron Rouse,

Carla Snyder, Scott Snyder, Aaron Snyder and Chief Joseph Tavano Jr

Mayor Fremouw presented a “Certificate of Recognition” to Aaron Rouse for his quick response

and outstanding efforts at an accident scene on November 3, 2022.

Annual Organizational appointments:

Village Clerk- Treasurer Ann Fenton

Tax Collector (s) Ann Fenton

Village Office Personnel (Part Time) Brenda Kinnetz

Laurie DiSanto

Deputy Clerk I Brenda Kinnetz

Water & Sewer Collector Brenda Kinnetz

Ann Fenton

Laurie DiSanto

Water & Sewer Commissioners 3 years remaining Thomas Caprilla 2023-25

3 years remaining Matt Thoms 2023-25

2 years remaining Jeff Rice 2022-24

2 years remaining Joseph Tavano Sr 2022-24

1 year remaining Mike Derenzo 2021-23

Personnel Files Gerald Fremouw

Ann Fenton

Roland Kanaley

Budget Officer Gerald Fremouw

Insurance Gerald Fremouw

Roland Kanaley

Brad Shimp

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Youth Committee Gerald Fremouw

Bradford Shimp (chair)

Hugh Miner

Official Newspaper Times of Wayne County

Financial Advisors to the Mayor

Grant Advisor Labella Associates

Vital Statistics (Town of Galen) Norma Lancaster

Village Historian Hugh Miner

Administrators Day to Day Village Board

DPW Commissioner Gerald Fremouw

Deputy DPW Commissioner Roland Kanaley

Deputy Mayor Brad Shimp

Audit Gerald Fremouw

Board of Trustees

Village Hall & Village Owned Property Village Board

Trees/Parks Brad Shimp

Mark DeVito

Christine Lauster

Water Neal Kinnetz

Sewer Bradford Shimp

Roland Kanaley

Sidewalks Neal Kinnetz

Mark DeVito

Street Lights Mark DeVito

Bradford Shimp

Engineer LaBella Assoc. P.C.

Village Surveyor None

Police Commissioner Gerald Fremouw

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Deputy Police Commissioner Brad Shimp

Village Attorney Robert Dinieri

Code Enforcement Officer Thomas Sawtelle

Flood Plain Regulations Board of Appeals Planning Board

Civil Defense, Natural Disaster & Public Safety Joe Tavano Jr/ Fire Chief

Gerald Fremouw

Keith Simon – EMS Advisor

Paul Peters – Civil/Union Advisor

Mark Braccio (Chair)

Fair Housing Officer Thomas Sawtelle

Secretary Zoning/Planning Boards Thomas Sawtelle

Planning Board 5 year remaining James Darnell 2023-27

4 years remaining Hugh Miner 2022-26

3 years remaining Joseph Tavano Sr 2021-25

2 years remaining Dan Bastedo 2020-24

1 years remaining David Ochs 2019-23

Zoning Board of Appeals 5 years remaining Michael DiSanto 2023-27

4 years remaining Karon King 2022-26

3 years remaining Mike Hemings 2021-25

2 years remaining Sandi Bastedo 2020-24

1 years remaining Tony Castellano 2019-23

Policy Committee Gerald Fremouw

Brad Shimp

Reminder: If the appointees do not take the Oath of Office within 30 days of their appointment,

the seat remains vacant.

The following were presented for board review and approval:

MILEAGE:

WHEREAS the Board of Trustees of the Village of Clyde has determined to pay a fixed

rate for mileage as reimbursement to officers and employees of the Village who use their

personal automobile while performing their official duties on behalf of the Village

NOW THEREFORE, BE IT RESOLVED that the Board of Trustees shall approve

reimbursement to such officers and employees at the rate based on the rate published by the

Internal Revenue Service for the coinciding year. (2023 is $.65.5 cents per mile)

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This RESOLUTION will take effect immediately. So moved by Trustee, B. Shimp second

by Trustee, N. Kinnetz. All present voting aye. Carried.

NEWSPAPER:

Upon discussion regarding the Lakeshore News, Finger Lakes Times and the Times of

Wayne County; A RESOLUTION to designate the Times of Wayne County as the official

newspaper. So moved by Trustee, R. Kanaley second by Trustee, N. Kinnetz. All present

voting aye. Carried .

ADVANCE APPROVAL OF CLAIMS:

WHEREAS the Board of Trustees has determined to authorize payment in advance of audit

of claims for public utility services, postage, freight and express charges, credit cards and

contracts; and

WHEREAS all such claims must be presented at the next regular meeting for audit; and

WHEREAS the claimant and the officer incurring or approving the claim are jointly and

severely liable for any amount the Board of Trustees disallows.

This RESOLUTION shall take effect immediately. So moved by Trustee, R. Kanaley

second by Trustee, B. Shimp. All present voting aye. Carried

ATTENDANCE AT SCHOOLS AND CONFERENCES:

WHEREAS there is to be held during the coming official year a) the New York State

Conference of Mayors Annual Meeting and Training School; b) and Fall Training School for

Fiscal Officers and Municipal Clerks; c) the New York State Conference of Mayors Public

Works Training School; d) New York State Conference of Mayors Winter Legislation; e) the

annual Water Works Conference; f) Wayne County Village Officials meetings etc.

WHEREAS, attendance by certain municipal officials and employees at one or more of these

meetings, conferences or schools benefits the municipality;

NOW THEREFORE, BE IT RESOLVED: That the following officers are hereby

authorized to attend NYCOM’S Fall Training School, Public Works Training School and any

other training upon review of the Board: Mayor; Clerk-Treasurer; Deputy Clerk I & II; Public

Works Supervisor; Chief Water and Sewer Operators; Trustees.

This RESOLUTION shall take effect immediately; so moved by Trustee, N. Kinnetz

second by Trustee, R. Kanaley.All present voting aye. Carried.

DESIGNATED DEPOSITORIES:

WHEREAS the Board of Trustees has determined that Village Law §4-412 (3) (2) requires

the designation of banks or trust companies for the deposit of village monies;

NOW THEREFORE, BE IT RESOLVED: That the Board of Trustees designate the

following institutions as depositories of moneys received by the village treasurer, clerk and

receiver of taxes: Lyons National Bank; Savannah Bank, NA and NY CLASS

This RESOLUTION shall take effect immediately; so moved by Trustee, B. Shimp

second by Trustee, M. DeVito. All present voting aye. Carried.

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DECEMBER 21, 2022

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POLICIES:

WHEREAS the Board of Trustees has reviewed all current policies of the Village of Clyde;

NOW THEREFORE, BE IT RESOLVED that all policies will remain in effect for the

year and will be reviewed and modified as needed, each year thereafter;

This RESOLUTION shall take effect immediately; so moved by Trustee, R. Kanaley

second by Trustee, N. Kinnetz. All present voting aye. Carried.

PROCUREMENT POLICY FOR THE VILLAGE OF CLYDE:

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 purchases; certain municipal hospital purchases; goods

purchased from agencies for the blind or severely handicapped; goods purchased from

correctional institutions; purchases under State and County contracts; and surplus and

second-hand purchases from another governmental entity. The individual making the

purchase will document the decision that a purchase is not subject to competitive bidding in

writing. This documentation may include written or verbal 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, verbal quotations, or any other method that assures that goods will be purchased

at the lowest price and that favoritism will be avoided, except in the following

circumstances; 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 Correctional law; purchases under State contracts pursuant to Section

§104 of the General Municipal Law; purchases under county contracts pursuant to Section

§103 (3) of the General Municipal Law; or purchases pursuant to subdivision 6 of this

policy.

3. Village of Clyde has received funding under the Community Development Block Grant

(CDBG) Program, and under the CDBG program regulations, communities are required to

comply with the procurement standards established for federal assistance programs. These

procurement standards require that, whenever possible, small, minority and women-owned

businesses should be solicited as potential sources of supplies, services and construction and

other contracts. Consideration in the solicitation of bids or quotes for services, supplies or

contracts be given to:

 small and/or locally owned businesses, with priority to businesses owned by or which

employ low or moderate income persons, as defined by HUD, and qualified Minority

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and Women-owned Business Enterprises (M/WBE) firms listed in the directory of

certified minority and women-owned businesses maintained by the Empire State

Development Corporation on its website at http://205.232.252.35 or at

http://www.empire.state.ny.us/Small_and_Growing_Businesses/mwbe.asp.

4. 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

Less than $ 2,999 Left to the discretion of

purchaser.

$3,000 - $5,999 2 Verbal Quotes

$6,000 - $9,999 2 Written/Fax quotes or

written request for proposals.

$10,000-$19,999 3 Written/fax quotes or written

request proposals.

Estimated Amount of Public Works Contract Method

Less than $ 4,999 Left to the discretion of

purchaser.

$ 5,000 - $ 9,999 2 Verbal Quotes

$10,000 - $34,999 2 Written/ Fax quotes 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 be a bar to the

procurement.

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

Documentation and explanation is required whenever a contract is awarded to other than the

lowest responsible offertory, which would be considered “Best Value Option” This

documentation will include an explanation of how the award will achieve savings or how the

offertory was not responsible, shall be made by the purchaser and may not be challenged

under any circumstances.

6. Pursuant to General Municipal Law Section § 104-b (2) (f), the procurement policy may

contain circumstances when, or types of 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

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interests of the Village of Clyde 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 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 Village of Clyde shall take into

consideration the following guidelines:

a) Whether the services are subject to State licensing or testing requirements;

b) Whether substantial formal education or training is necessary prerequisite to the

performance of the services;

c) Whether the services require a personal relationship between the individual and

municipal officials. Professional or technical services shall include but not be limited to

the following: service of an attorney; services of a physician; technical services of an

engineer engaged to prepare plans, maps, and estimates; securing insurance coverage

and/or services of an insurance broker; services of a certified public accountant;

investment management services; printing services involving extensive writing, editing

or art work; management of municipally owned property; and computer software of

programming services for customized programs or services involved in substantial

modification and customizing of pre-packaged software.

d) Emergency purchases pursuant to Section §103 (4) of the General Municipal Law. Due

to the nature of this exception, these goods or services must be purchased immediately

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

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

permits.

e) Purchases or surplus and second-hand goods from any source. If alternate proposals are

required, the Type of Unit 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.

f) Purchases and Public Works Contracts under $2,999 - $4,999 respectively. The time

and documentation required to purchase through this policy may be more costly than the

item itself and would therefore not be in the best interest of the taxpayer. In addition, it

is not likely that such de minim contracts would be awarded on favoritism.

This RESOLUTION shall take effect immediately; so moved by Trustee, B. Shimp

second by M. DeVito. All present voting aye. Carried.

1. REGULAR MEETINGS:

The Board of Trustees shall hold regular meetings on the 4th Wednesday of the month. The

meetings shall commence at 7 p.m. and be conducted in the boardroom of the Municipal

Building unless otherwise advertised.

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2. SPECIAL MEETINGS:

Special meetings of the Board of Trustees are all those Board meetings other than regular

meetings. The Mayor or any Trustee upon notice to the entire board may call a special meeting.

NOTICE shall be given by E-MAIL, TELEPHONE, IN PERSON, and OR IN WRITING.

3. QUORUM:

A quorum shall be required to conduct business. A quorum of the five (5) member Board of

Trustees shall be three (3). In the absence of a quorum, a lesser number may adjourn and

compel the attendance of absent members.

4. EXEUCTIVE SESSION:

Executive sessions shall be held in accordance with the NYS Public Officers Law §105.

5. AGENDAS:

The Clerk at the direction of the Mayor may prepare the agenda. The Mayor or any Trustee

may have an item placed on the agenda. When possible, items for the agenda shall be given to

the Clerk at least 72 hours before the meeting.

6. VOTING:

Pursuant to Village Law, each member of the Board shall have one (1) vote. The mayor may

vote on any matter but MUST vote in case of a tie. A majority of the totally authorized voting

power is necessary to pass a matter, unless otherwise specified by STATE law.

7. MINUTES:

The Clerk shall take Minutes. Minutes shall consist of a record 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 by the NYS Freedom of Information Law. Minutes shall also include the

following:

 Name of the Board

 Date, place, time of meeting

 Notation of presence or absence of board members and time of arrival or departure if different

from time of call to order and adjournment

 Name and title of other village officials and employees present as well as attendees

 Record of communications presented to the Board

 Record of reports made by Board or other village personnel

 Time of adjournment

 Signature of Clerk or person who took the minutes if not the Clerk.

Minutes shall NOT include summary of discussion leading to action or include verbatim,

comments, unless a majority of the Board shall RESOLVE to have the Clerk do so. Minutes

shall be accepted at the next meeting. Amendments to the minutes shall require Board

approval.

8. ORDER OF BUSINESS:

The order of business shall be as follows:

 Call to order

 Pledge of Allegiance

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 Clerk-Treasurer’s Report

 Public comment period

 Agenda Approval

 Previous minutes-Approval

 Guests

 Report of officers, Departments and Committees (list)

 Old business

 New business

 Correspondence

 Appropriations

 Auditing

 Adjournment

9. GENERAL RULES OF PROCEDURE:

 The Mayor shall preside at meetings. In the Mayor’s absence, the Deputy Mayor shall

preside. The presiding officer may debate, move and take other action that may be taken by

other members of the Board.

10. GUIDELINES FOR PUBLIC COMMENT:

The public shall be allowed to speak ONLY during the PUBLIC COMMENT period of the

meeting OR at such time as a majority of the Board shall allow.

 Speakers must step to the front of the room to address the board.

 Speakers must LIMIT their remarks to FOUR (4) MINUTES. More upon the approval of

the Mayor and Board of Trustees.

 Speakers MAY NOT YIELD any remaining time they may have to another speaker and

each speaker has only ONE (1) opportunity PER MEETING to speak.

 Board members may, with permission from the Mayor, interrupt a speaker during their

remarks, but only for the purpose of clarification or information.

 All remarks shall be addressed to the 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 Board by WRITTEN

COMMUNICATIONS. Written communications shall be DELIVERED to the Clerk or

their designee. Speakers may NOT read written communications verbatim, but should

summarize their comments.

11. USE OF RECORDING EQUIPMENT:

All members of the public and all public officials are allowed to tape or video record public

meetings. Recording is NOT allowed during Executive Sessions. The recording should be done

in a manner, which does not interfere with the meeting. The Mayor MAY make the

determination that the recording is being done in an intrusive manner taking into consideration,

but not limited to, brightness of lights, distance from the deliberations of the Village Board, size

of the equipment, and the ability of the public to participate in the meeting. If the Mayor makes

the determination that the recording is intrusive, and has the effect of interfering with the meeting,

the Mayor may request an accommodation to avoid the interference and if not complied with, ask

the individual to leave the meeting room.