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Town of Ashland, NY

Town Board Minutes

TOWN OF ASHLAND
12094 ROUTE 23
ASHLAND, NEW YORK 12407
518-7343636 Fax 518-734-4760

Richard E. Tompkins, Town Supervisor
Robert C. Ferris, Councilman                                            James Lawrence, Councilman
Martin Blanden, Councilman                                        Wanda Partridge, Councilperson

Town Board
January 6, 2009

Present: Richard E Tompkins----------Town Supervisor
James Lawrence-----------------------Councilman
Robert C Ferris------------------------Councilman
Wanda Partridge-----------------------Councilperson
Justine L Koehler----------------------Town Clerk

Absent:  Martin Blanden----------------Councilman              
Attended by: Eric Allan

Supervisor Richard Tompkins opened the meeting at 7:40 pm.

Pledge of Allegiance

RESOLUTION # 1-2009
PROCUREMENT POLICY

 

TOWN OF ASHLAND

TOWN BOARD RESOLUTION OF 2009

JANUARY 6, 2009

NEW YORK MUNICIPAL FORM BOOK                                      SEALED BIDS

A RESOLUTION ADOPTING A PROCUREMENT POLICY

WHEREAS, Section 104-b of the General Municipal Law requires the governing body of every municipality to adopt internal policies and procedures governing all procurement of goods and services which are not required by law to be publicly bid, and

Comments have been solicited from all officers in the Town of Ashland involved in the procurement process,

NOW, THEREFORE, BE IT RESOLVED, by the Supervisor of the Town of Ashland in regular session duly convened that the Town of Ashland does hereby adopt the following procurement policy which is intended to apply to all goods and services which are not required by law to be publicly bid.

PROCUREMENT POLICY FOR THE TOWN OF ASHLAND

a.  Every prospective purchase of goods 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 si 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.

b.  The following items are not subject to competitive bidding pursuant to Section 103 of the General Municipal Law:  purchase contracts under $10,000 and public works contracts under $20,000;  emergency purchases; certain municipal hospital purchases; goods purchased from agencies for the blind or severely handicapped; goods purchased from correctional institutions, purchases under state and county contracts and surplus and secondhand purchases from another government entity.
Town Board Organizational Meeting
January 6, 2009 page 3

 

c.  The decision that a purchase is not subject to competitive bidding will be documented in writing by the individual making the purchase.  This document may include written or verbal quotes from vendors, a memo from the purchaser indication how the decision was arrived at, a copy of the contract indication 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.

All goods and services not subject to competitive bidding will be secured by use of written requests for proposals (RFP), 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.

a.  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 TO $1,000                                                                  Discretion of purchaser

$1,000 to $3,000 Oral request for the goods and oral/fax/quotes from two (2) vendors

$3,000 to $10,000               A written request (RFP) and
Written/fax/ quotes from three (3) vendors

Estimated amount of
PUBLIC WORKS CONTRACTS     METHOD

$500 TO $3,000  Discretion of purchaser

$3,000 to $10,000               Written RFP and written/fax/proposals from two (2) vendors

$10,000 to $20,000            Written RFP and written/fax/proposals from three (3) vendors

     Any written RFP shall describe the desire goods, quantity and the
Particulars of delivery.  The purchaser shall compile a list of all vendors from whom written/fax/oral quotes have been requested and the written/fax/oral quotes offered.

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 procurement.

All information gathered in complying with the procedures of this policy shall be preserved and filed with the documentation supporting the subsequent purchase or public works contract.

The lowest responsible proposal or quote shall be awarded the purchase or public works contract unless the purchaser prepares a written justification providing reasons why it is in the best interest of the Town of Ashland and its taxpayers to make an award to other than the low proposer.  If a proposer is not deemed responsible, facts supporting that judgment shall also be documented and filed with the records supporting the procurement.

Pursuant to General Municipal Law Section 104-b (2) (f) the solicitation of alternative proposals or quotations will not be required in the best interest of the municipality in the following circumstances where proper 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:

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.

In determining whether a service shall fit into this category, the Town of Ashland 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; and

Whether the services require a personal relationship between the individual and municipal officials.

Professional and technical services shall include but not be limited to the following:  services of an attorney; services of a physician; technical services of an engineer or architect 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 of artwork; management of municipally owned property; and computer software or programming services for customized programs or services involved in substantial modification and customizing of pre-packaged software.

Emergency purchases pursuant to Section 103(4) of the TGeneral 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 life, health, safety or welfare of the residents.  This section does not preclude alternate proposals if time permits.

Purchases of surplus and secondhand goods from any source.  If alternate proposals are required, the Town is precluded from purchasing surplus and secondhand goods at auctions or through specific advertised sources where the best prices are usually contained.  It is also difficult to try to compare prices of sued goods and a lower price may indicate an older product.

Goods under $250 and public works contracts for less than $500.  The time and documentation required to purchase through this policy may be more costly than the item itself and therefore not be in the best interest of the taxpayer.  In addition, it is not likely that such de minimis contracts would be awarded based on favoritism.

No portion of this resolution shall be construed as preventing the competitive bidding of purchase contracts under $10,000or public works projects under $20,000, if so desired.

This policy shall be reviewed annually by the Town of Ashland at its organizational meeting or as to thereafter is reasonably practicable.

A motion was made by Councilperson, James Lawrence and seconded by Councilperson, Robert C. Ferris accept the Procurement Policy.  Motion Carried.

Adopted:

 TOWN BOARD MEMBERS             AYE                       NAY
Richard E. Tompkins                          __X__                    _____
Robert C. Ferris                                 __X__                    _____
James Lawrence                                 __X__                    ­­­­­_____
Wanda Partridge                                 __X__                    ­­­_____
Martin D. Blanden                              Absent                   _____             

____________________________
Justine L. Koehler
Town Clerk
Dated:  January 6, 2009
Ashland, New York

 

RESOLUTION #2-2009
CASH MANAGEMENT AND INVESTMENT POLICY

 

TOWN OF ASHLAND

TOWN BOARD RESOLUTION OF 2009

CASH MANAGEMENT AND INVESTMENT POLICY

POLICIES AND PROCEDURES

                The objectives of the Investment Policy of the Town of Ashland are to minimize risk, to insure that investments mature when the cash is required to finance operations, and to insure a competitive rate return.  In accordance with this policy, the chief fiscal

Officer is hereby authorized to invest all funds including proceeds of obligations and reserve funds in:

                Certificates of Deposit issued by a bank, or trust company authorized to do business in New York.

                Time Deposit Accounts in a bank or trust company authorized to do business in New York State.

                Obligations of the United State Government (Treasury Notes)

MANAGEMENT POLICIES

                Implementation of the Investment Policy should be delegated to the Chief Fiscal Officer.

The Town Board and the Chief Fiscal Officer of the Town of Ashland shall periodically review the investment transactions for compliance with this policy.

The Investment Policy shall be periodically reviewed and revised as necessary to reflect changes in available investment opportunities and market conditions.

COLLATERAL

Certificates of Deposit shall be fully secured by insurance of the Federal Deposit Insurance Corporation or by obligations of New York State or obligations of the United States or Federal Agencies the principal and interest of which are guaranteed by the United States, or obligations of New York State Local Governments.  Collateral shall be delivered to the Local Government or a Custodial Bank with which the local government has entered into a custodial agreement.  The market value of collateral shall at all times equal or exceed the principal amount of the certificate of deposit.  Collateral shall be monitored no less frequently than weekly, and market value shall mean the bid or closing price as quoted in the wall Street Journal or as quoted by another recognized pricing service.

A motion was made by Councilperson, Robert C. Ferris, with a second by Councilperson, James Lawrence to accept the Cash Management and Investment Policy. 

Adopted: 

BOARD MEMBERS                          AYE                       NAY
Richard E. Tompkins                           __X__                    _____
Robert C. Ferris                                  __X__                    _____
James Lawrence                                 __X__                    _____
Wanda Partridge                                 __X__                    _____
Martin D. Blanden                               Absent                   _____

_____________________________
Justine Koehler
Town Clerk
Dated:  January 6, 2009
Ashland, New York

 

RESOLUTION #3-2009
UTILITY BILLS AND CERTAIN INVOICES

TOWN OF ASHLAND
TOWN BOARD RESOLUTION OF 2009
JANUARY 6, 2009

At the Town Board meeting on January 6, 2009, Councilperson, Richard E. Tompkins
Offered the following resolution and moved its adoption.

Due to the fact that utility bills and other certain invoices may sometimes generate late fees because of the dates that the Town Board meetings fall on, this resolution authorizes the Town Supervisor to prepay approved utility bills and other certain invoices.

A motion to adopt this resolution was made by Councilperson, James Lawrence and seconded by Councilperson, Robert C. Ferris.
Adopted: 

TOWN BOARD MEMBERS             AYE                       NAY
Richard E. Tompkins                          __X__                    _____
Robert C. Ferris                                 __X__                    _____
James Lawrence                                 __X__                    _____
Wanda Partridge                                __X__                    _____
Martin D. Blanden                              Absent                   _____

_________________________
Justine L. Koehler
Town Clerk
Dated:  January 6, 2009
Ashland, New York

RESOLUTIONS # 4-2008
APPOINTMENTS FOR 2009

TOWN OF ASHLAND
TOWN BOARD RESOLUTION OF 2009
JANUARY 6, 2009
At the Town Board meeting on January 6, 2009 Councilperson, Richard E. Tompkins
Offered the following resolution and moved its adoption.
The appointments were offered and accepted for the year 2009.

Deputy Town Supervisor – Robert C. Ferris
Deputy Town Clerk – Dawn Thorp
Deputy Highway Superintendent – Roy Carlson
Court Clerk – Peggy Rappleyea
Code Enforcement Officer – Thomas R. Cross
Deputy Code Enforcement Officer – Jeremie Younes
Town Attorney – Tal G. Rappleyea
Assessor Clerk – Lawrence DeWald
Assessor Clerk – Colette DeWald
Planning Board to Expire 2015 – James Briggs
Planning Board Secretary – Heather Younes
Health Officer – Jacqueline Maier, MD
Deputy Health Officer – Thomas R. Cross
Registrar of Vital Statistics – Justine L. Koehler
Dog Control Officer – Bruce Feml
Town Historian – Michelle Fancher
Records Retention – Justine L. Koehler
Board of Assessment Review to Expire 2012 – Anabel Pedrick
Board of Assessment Review to Expire 2015 – John Valenti
Board of Assessment Review Clerk – Joan Albert
A motion to adopt this resolution was made by Councilperson, Robert Ferris and seconded by Councilperson, James Lawrence.

Adopted:

TOWN BOARD MEMBERS             AYE                       NAY
Richard E. Tompkins                          __X__                    _____
Robert C. Ferris                                 __X__                    _____
Lames Lawrence                                __X__                    _____
Wanda Partridge                                __X__                    _____
Martin D. Blanden                               absent                    _____

___________________
Justine L. Koehler
Town Clerk
Dated:  January 6, 2009
Ashland, New York

 

RESOLUTION #5-2009
TOWN NEWSPAPER

TOWN OF ASHLAND

TOWN BOARD RESOLUTION OF 2009

JANUARY 6, 2009

At the Town Board meeting on January 6, 2009, Councilperson, Richard E. Tompkins offered the following resolution and moved its adoption.

WHEREAS, no newspaper is regularly published in the Town of Ashland.

THEREFORE, BE IT RESOLVED, that the Windham Journal, a newspaper having general circulation in this Town, be designated as the official newspaper of the
Town of Ashland.

A motion to adopt this resolution was made by Councilperson, Robert C. Ferris and seconded by Councilperson, James Lawrence.

 

Adopted:

TOWN BOARD MEMBERS             AYE                       NAY
Richard E. Tompkins                          __X__                    _____
Robert C. Ferris                                 __X___ _____
James Lawrence                                 __X__                    _____                   
Wanda Partridge                                 __X__                    _____
Martin D. Blanden                              Absent                   _____

________________________________
Justine L. Koehler
Town Clerk
Dated:  January 6, 2009
Ashland, New York

RESOLUTION #6-2009
CUSTODIAL BANKS

TOWN OF ASHLAND

TOWN BOARD RESOLUTION OF 2009

JANUARY 6, 2009

At the Town Board meeting on January 6, 2009, Councilperson, Richard E. Tompkins
Offered the following resolution and moved its adoption.

The following banks will be appointed as custodial banks:
Key Bank
National Bank & Trust Company

A motion to adopt this resolution was made by Councilperson, Robert C. Ferris and seconded by Councilperson, Wanda Partridge.  Motion Carried.

Adopted:

TOWN BOARD MEMBERS:                           AYE                       NAY
Richard E. Tompkins                                         __X__                    _____
Robert C. Ferris                                                __X__                    _____   
James Lawrence                                                __X__                    _____
Wanda Partridge                                               __X__                    _____
Martin D. Blanden                                             Absent                   _____

________________________________
Justine L. Koehler
Town Clerk
Dated:  January 6, 2009
Ashland, New York

RESOLUTION #7-2009
PETTY CASH ALLOTMENTS

TOWN OF ASHLAND

TOWN BOARD RESOLUTION OF 2009

JANUARY 6, 2009

At the Town Board meeting on January 6, 2009 Councilperson, Richard E. Tompkins offered the following resolution and moved its adoption.

That the Town Board of the Ashland approved the following petty cash allotments:

Town Supervisor - $100.00
Town Clerk - $100.00
Town of Ashland Justice Court -= $100.00

A motion to adopt this resolution was made by Councilperson, James Lawrence and seconded by Councilperson, Robert C. Ferris.  Motion Carried.

ADOPTED:

TOWN BOARD MEMBERS             AYE                       NAY
Richard E. Tompkins                          __X__                    _____
Robert C. Ferris                                 __X__                    _____
James Lawrence                                __X__                    _____
Wanda Partridge                                __X__                    _____
Martin D. Blanden                              Absent                   _____

_____________________________
Justine L. Koehler
Town Clerk
Dated:  January 6, 2009
Ashland, New York

PAY RAISES FOR FULL TIME EMPLOYEES
Board would like to hold on any pay raises.

CPA CONTRACT FOR END OF THE YEAR REPORT
Cost of CPA went from $2,125 to $2,750, board would like to approve contingent upon some negotiating.
Town Board Organizational Meeting
January 6, 2009 page 12

MOTION-A motion was made by Councilman James Lawrence to approve the contract with Sickler, Torchia, Allen and Churchill, contingent upon some negotiating, seconded by Councilman Robert Ferris, motion was;
Adopted                Ayes       4 Tompkins, Ferris, Lawrence, Partridge
Nays       0
Absent  1 Blanden

HIGHWAY SUPERINTENDENT UPDATE
Highway Superintendent Eric Allan gave the board the man hours for the towns that the Town of Ashland works in.  Also, all hazards mitigation, the deadline is January 31, 2009.

Supervisor Tompkins spoke to the board about maybe getting a couple of sample Ambulance’s for them to look at.

Motion was made by Councilman James Lawrence to close the meeting at 8:48 pm.

 

                                                                                                                                ________________________
Justine L Koehler
Town Clerk
Town of Ashland