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Town of Ashland, NY

Town Board Minutes

TOWN OF ASHLAND
12094 ROUTE 23
ASHLAND, NEW YORK 12407
518-7343636 Fax 518-734-5834

Richard E. Tompkins, Town Supervisor
Thomas Soule, Councilman                                                                James Lawrence, Councilman
Martin Blanden, Councilman                                          Dennis Mattice, Councilman

Organizational Town Board Meeting
January 3, 2011

                A  Town Board Meeting was held at the Town Hall, 12094 Route 23, Ashland, New York on the 3th day of January 2011.

Present   
Richard Tompkins---------------------Supervisor
James Lawrence-----------------------Councilman
Martin Blanden------------------------Councilman
Thomas Soule--------------------------Councilman
Justine L Koehler----------------------Town Clerk

Absent 
Dennis Mattice-------------------------Councilman

Attended by: Robert Ferris Mike Ryan, Leslie Holdridge, Reg Cross, John Mattice Sr., John Brust and Fred Grober.

Deputy Supervisor Robert Ferris opened the meeting at 5:13 pm.

Pledge of Allegiance

APPOINTMENTS
MOTION-A motion was made by Councilman Martin Blanden to accept the appointments as written, seconded by Councilman Thomas Soule, motion was:
ADOPTED:           Ayes      4 Tompkins, Lawrence, Blanden, Soule
Nay         0
Absent 1 Mattice

APPOINTMENTS 2011

Deputy Town Supervisor – Robert C. Ferris
Deputy Town Clerk – Dawn Thorp
Deputy Highway Superintendent – Thomas Lynch
Court Clerk – Peggy Rappleyea
Code Enforcement Officer – Thomas Cross
Deputy Code Enforcement Officer – Jeremie Younes
Town Attorney – Tal G. Rappleyea, ESQ.
Assessor Clerk – Larry DeWald
Assessor Clerk – Colette DeWald
Planning Board  - Eric Burgess -  to be expire 2017
Planning Board – Vacancy to expire 2015
Planning Board Secretary – Heather Younes
Health Officer – Jacqueline Maier, MD
Deputy Health Officer – Thomas Cross
Registrar of Vital Statistics – Justine L. Koehler
Dog Control Officer – Bruce Feml
Town Historian – Michelle Fancher
Records Room Retention – Justine L. Koehler
Board of Assessment Review – Anabel Pedrick – Term to expire 2015
Board of Assessment Review – Vacancy – Term to Expire 2013
Board of Assessment Review – Vacancy – Term to Expire 2014
Board of Assessment Review Clerk – Joan Albert

RESOLUTION #4

TOWN OF ASHLAND

TOWN BOARD RESOLUTION OF 2011

JANUARY 3, 2011

At the Town Board meeting on January 3, 2011, Councilman, Richard E. Tompkins
offered the following resolution and moved its adoption.

The appointments were offered and accepted for the year 2011.

A motion to adopt this resolution was made by Councilman, Martin D. Blanden and seconded by Councilman, Thomas Soule.

Adopted:
TOWN BOARD MEMBERS              AYE                        NAY
Richard E. Tompkins                            __X__                    _____
James Lawrence                                   __X__                    _____
Martin D. Blanden                                __X__                    _____
Dennis Mattice                                     Absent                   _____
Thomas Soule                                      __X__                    _____

 

___________________________
Justine L. Koehler
Town Clerk
Dated:  January 3, 2011
Ashland, New York

RESOLUTION #1

TOWN OF ASHLAND

TOWN BOARD RESOLUTION OF 2011

JANUARY 3, 2011

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.

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 Councilman, James Lawrence and seconded by Councilman, Martin D. Blanden to accept the Procurement Policy.  Motion Carried.

 

Adopted:
TOWN BOARD MEMBERS              AYE                        NAY
Richard E. Tompkins                           __X__                    _____
James Lawrence                                   __X__                    _____
Martin D. Blanden                                __X__                    ­­­­­_____
Dennis Mattice                                     Absent                   ­­­_____
Thomas Soule                                      __X__                    _____

               

____________________________
Justine L. Koehler
Town Clerk
Dated:  January 3, 2011
Ashland, New York

 

RESOLUTION #2

TOWN OF ASHLAND

TOWN BOARD RESOLUTION OF 2011

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 Councilman, Thomas Soule, with a second by Councilman, James Lawrence to accept the Cash Management and Investment Policy. 

Adopted: 
BOARD MEMBERS                            AYE                        NAY
Richard E. Tompkins                             __X__                    _____
James Lawrence                                   __X__                    _____
Martin D. Blanden                                __X__                    _____
Dennis Mattice                                     Absent                   _____
Thomas Soule                                       __X__                    _____

__________________________
Justine Koehler
Town Clerk
Dated:  January 3, 2011
Ashland, New York

RESOLUTION #3

TOWN OF ASHLAND

TOWN BOARD RESOLUTION OF 2011

JANUARY 3, 2011

At the Town Board meeting on January 3, 2011, Councilman, 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 Councilman, Martin D. Bladen and seconded by Councilman, James Lawrence.

 

Adopted: 
TOWN BOARD MEMBERS              AYE                        NAY
Richard E. Tompkins                             __X__                    _____
James Lawrence                                   __X__                    _____
Martin D. Blanden                                __X__                    _____
Dennis Mattice                                     Absent                   _____
Thomas Soule                                       __X__                    _____

 

_________________________
Justine L. Koehler
Town Clerk
Dated:  January 3, 2011
Ashland, New York

RESOLUTIONS #4

TOWN OF ASHLAND

TOWN BOARD RESOLUTION OF 2011

JANUARY 3, 2011

At the Town Board meeting on January 3, 2011, Councilman, Richard E. Tompkins
offered the following resolution and moved its adoption.

The appointments were offered and accepted for the year 2011.

A motion to adopt this resolution was made by Councilman, Martin D. Blanden and seconded by Councilman, Thomas Soule.

Adopted:
TOWN BOARD MEMBERS              AYE                        NAY
Richard E. Tompkins                            __X__                    _____
James Lawrence                                   __X__                    _____
Martin D. Blanden                                __X__                    _____
Dennis Mattice                                     Absent                   _____
Thomas Soule                                      __X__                    _____

 

___________________________
Justine L. Koehler
Town Clerk
Dated:  January 3, 2011
Ashland, New York

RESOLUTION #5

TOWN OF ASHLAND

TOWN BOARD RESOLUTION OF 2011

JANUARY 3, 2011

At the Town Board meeting on January 3, 2011, Councilman, 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 Councilman, Thomas Soule and seconded by Councilman, Martin D. Blanden.

 

Adopted: 
TOWN BOARD MEMBERS              AYE                        NAY
Richard E. Tompkins                            __X__                    _____
James Lawrence                                   __X__                    _____
Martin D. Blanden                                __X__                    _____                   
Dennis Mattice                                     Absent                   _____
Thomas Soule                                       __X__                    _____

 

________________________________
Justine L. Koehler
Town Clerk
Dated:  January 3, 2011
Ashland, New York

RESOLUTION #6

TOWN OF ASHLAND

TOWN BOARD RESOLUTION OF 2011

JANUARY 3, 2011

At the Town Board meeting on January 3, 2011, Councilman, Richard E. Tompkins
offered the following resolution and moved its adoption.

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

A motion to adopt this resolution was made by Councilman, James Lawrence and seconded by Councilman, Thomas Soule.  Motion Carried.

Adopted:
TOWN BOARD MEMBERS:                             AYE                        NAY
Richard E. Tompkins                                            __X__                    _____
James Lawrence                                                   __X__                    _____   
Martin D. Blanden                                                __X__                    _____
Dennis Mattice                                                     Absent                   _____
Thomas Soule                                                       __X__                    _____

 

__________________________________
Justine L. Koehler
Town Clerk
Dated:  January 3, 2011
Ashland, New York

RESOLUTION #7

TOWN OF ASHLAND

TOWN BOARD RESOLUTION OF 2011

JANUARY 3, 2011

At the Town Board meeting on January 3, 2011 Councilman, 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 Councilman, James Lawrence and seconded by Councilman, Martin D. Blanden.  Motion Carried.

ADOPTED: 
TOWN BOARD MEMBERS              AYE                        NAY
Richard E. Tompkins                            __X__                    _____
James Lawrence                                   __X__                    _____
Martin D. Blanden                                __X__                    _____
Dennis Mattice                                     Absent                   _____
Thomas Soule                                       __X__                    _____

 

______________________________
Justine L. Koehler
Town Clerk
Dated:  January 3, 2011
Ashland, New York

RESOLUTION #8

TOWN OF ASHLAND

TOWN BOARD RESOLUTION OF 2011

JANUARY 3, 2011

At the Town Board meeting on January 3, 2011,
Councilperson, Richard E. Tompkins, offered the following resolution and moved its adoption.

WHEREAS, the Town Board of the Town of Ashland has determined that it is appropriate to make available to certain residents of the Town of Ashland an exemption for the purpose of paying real property taxes based on such landowners who are Senior citizens with low income and landowners who are disabled with low income,  

WHEREAS, the Town Board of the Town of Ashland should consider using a sliding scale for the determination of exemption percentages based on low income for the purpose of paying real property taxes based,

NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Ashland hereby authorizes the Assessor for the Town of Ashland to establish an exemption for the purpose of paying real property taxes, based upon a qualified Senior citizen with low income and landowners who are disabled with low income based on a sliding scale of between Nineteen Thousand Dollars ($19,000.01) and Twenty Four Thousand Four Nine Hundred Ninety Nine Dollars ($24,999.99).

NOW, THEREFORE, BE IT FURTHER RESOLVED, that the sliding scale exemptions will be as follows: 
Maximum Income Limit up to $19,000.00 = 50%
$19,000.01 - $19,999.99 = 45%
$20,000.00 - $20,999.99 = 40%
$21,000.00 - $21,999.99 = 35%
$22,000.00 - $22,999.99 = 30%
$23,000.00 - $23,999.99 = 25%
$24,000.00 - $24,999.00 = 20%

 

A motion to adopt this resolution was offered from Councilperson, James Lawrence and seconded by Councilperson, Thomas Soule.  Motion Carried.

 

ADOPTED: 
TOWN BOARD MEMBERS              AYE                        NAY
Richard E. Tompkins                           __X__                    _____
James Lawrence                                  __X__                    _____
Martin D. Blanden                               __X__                    _____
Thomas Soule                                      __X__                    _____                   
Dennis Mattice                                     Absent                   _____

 

____________________________________
Justine L. Koehler
Town Clerk
Dated:  January 03, 2011

 

DISCONTINUANCE OF MVP HEALTH CARE PLAN
As of August 31, 2011 the current health plan that the Town has with MVP will no longer be available.

 

UPDATE ON BUILDING W/FRED GROBER AND JOHN BRUST
Supervisor Richard Tompkins wanted to know if there was a down side to stop working on the building besides the time frame, the weather is looking bad and has been.  Fred is going to contact Gallo to see what they would like to do the schedule is good so far.  Gallo may have given us the price they did because it was winter work.  January 20, 2011 the building should be arriving.  Councilman James Lawrence commented that maybe they could put the floor in with heat.  Fred Grober told him that it would cost too much.
John Brust would like the board to figure out a total price of how much they would like to spend for the whole building and then Fred can figure out what we can afford.  Footing drain needs a 6 inch drop, which would be another change order because that’s site work and it is not included.

MOTION-A motion was made by Councilman James Lawrence to accept change order #4 for the Town Hall building, seconded by Councilman Martin Blanden, motion was:
ADOPTED:           Aye        4 Tompkins, Lawrence, Soule, Blanden
Nay         0
Absent 1 Mattice

MOTION-A motion was made by Councilman James Lawrence to accept the bid of $8730 from C & R Overhead Doors, seconded by Councilman Thomas Soule, motion was:
ADOPTED:           Aye        4 Tompkins, Lawrence, Soule, Blanden
Nay         0
Absent 1 Mattice

Memo from Allan Tavener for Supervisor Richard Tompkins to call Pat Snover about USDA.

MOTION-A motion was made by Councilman Martin Blanden to close the meeting at 6:03 pm, seconded by Councilman Thomas Soule, motion carried.

                                                                                                                ______________________________
Justine L Koehler
Town Clerk
Town of Ashland