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HomeMy WebLinkAbout06-21-2000268 JUNE 21, 2000 5:00 P. M. TOWN BOARD MEETING The Regular Meeting of the Town Board of the Town of Cortlandville was held at the Town Hall, 3577 Terrace Road, Cortland, New York, with Supervisor Thorpe presiding. Members present: Supervisor, Raymond Thorpe Councilman, Theodore Testa Councilman, Edwin O'Donnell Councilman, Ronal Rocco Councilman, John Pilato Town Clerk, Karen Q. Snyder Others present were: Town Attorney, John Folmer; Highway Sup't., Carl Bush; Water and Sewer Sup't., Peter Alteri; Planning Board member, Nick.Renzi; Bill Rouse of Niagara Mohawk and News reporter, Chris Nolan. Councilman Rocco made a motion, seconded by Councilman Pilato, to approve the Town Board Minutes of April 5 & April 14, 2000 as written. All voting aye, the motion was carried. Councilman O'Donnell made a motion seconded by Councilman Rocco, to receive and file Town Zoning Board of Appeals Minutes of April 12 & April 25, 2000. All voting aye, the motion was carried. Motion by Councilman Rocco Seconded.by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, the vouchers submitted have been audited and shall be paid as follows: General Fund A General Fund B Highway Fund DB Water Fund Sewer Fund Capital Projects Vouchers #316 - 337 66 - 74 197 - 218 150 - 163 89 - 103 27 - 37 $ 4,716.30 $ 2,158.54 $ 50,647.31 $ 65,729.69 $ 48,457.86 $2,281,022.36 Supervisor Thorpe offered privilege of the floor to those in attendance. Planning Board member, Nick Renzi, read aloud Town Board Meeting resolution #89 referring to a retention basin on Davinci Drive. Mr. Renzi inquired into where the new retention basin would be located. Highway Sup't., Carl Bush stated the basin would be located between the Mitchell & Hage property. Work has not begun on the new retention basin. Mr. Renzi also inquired into Resolution #90 referring to the water main extension on Raphael Drive. He inquired if developer Dr. Ambrose, will have to pay for the new pipe. Attorney Folmer explained the town agreed to install and pay for the water main extension that would go diagonally across Raphael Drive and down the hill. This will insure Dr. Ambrose will only pay for the pipe that was originally planned. The town will pay for any additional pipe installed. Councilman Testa inquired into the status of purchasing property on Starr Road. Attorney Folmer stated as per Resolution #114 of June 7, 2000 the Board authorized the purchase of 16 acres on Starr Road. The sale has been completed and Attorney Folmer is waiting for the closing package. 1 1 JUNE 21, 2000 TOWN BOARD MEETING PAGE 2 269 1 1 Supervisor Thorpe apprised those in attendance of a notice published by the NYS DOT regarding a meeting to be held June 27, 2000 from 6:30 p.m. to 8:30 p.m. in the Homer Central School. This meeting is in regards to the future reconstruction of NYS Route 281. Councilmen Testa, O'Donnell, and Rocco plan to attend the meeting. The monthly report for the SPCA for May 2000, is on the table for review and filed in the Town Clerk's office. Motion by Councilman Pilato Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the 2000 Tax Collector's Summary is hereby accepted and shall be received and filed. Town Clerk, Karen Snyder, apprised the Board of receiving notification from the Cortlandville Fire District declining the move of voting district 13-3 to the Cortlandville Fire Station on NYS Route 13 from Town Hall. Reasons stated for declining the move were high volume of traffic, lack of storage and the possible interference of activity with the fire department. The Cortlandville Fire District has notified the Board of Elections of their decision. Voting district 13-3 will remain at Town Hall. Attorney Folmer reported: Music Fest - 2000: Attorney Folmer stated Judge Rumsey signed an order to show cause originally scheduled for 11:30 a.m. on June 23, 2000. The hearing has been changed to 9:00 a.m. to accommodate Attorney Kheel's schedule. This procedure will determine whether an injunction should be issued to prohibit Music Fest - 2000, scheduled for June 30' - July 2, 2000. Attorney Folmer prepared an affidavit signed by Supervisor Thorpe and has filed the affidavit with the court. The proceedings are open to the public. Attorney Knickerbocker will present arguments on behalf of the County. Attorney Kheel will represent Nick Papatonis, promoter of the music fest. The town does not have an active part in the proceedings but Attorney Folmer will be attending. Attorney Folmer stated Judge Rumsey will make a decision quickly as the hearing is June 23`d and the music fest is scheduled to begin June 30th Bond closing: The Bond for $2,270,000 closed on June 10 and June 15, 2000. The funds have been received, dispersed and the BANs have been retired. Attorney Folmer supplied Town Clerk Snyder with the transcripts of those proceedings from Bond Council in New York for purpose of the record. Smith -Corona: Attorney Folmer apprised the Board as Smith -Corona has filed for bankruptcy protection. Utilities, including the Town Water & Sewer usage, are prohibited from discontinuing services. Smith -Corona has been ordered to pay their bills in a timely fashion. Monroe Muffler certiorari action: Attorney Folmer stated a meeting was held with Town Assessor, David Briggs, and the attorneys for Monroe Muffler. The certiorari action was resolved with no change to the 1999-2000 tax year. The assessment has been reduced from $259,800. to $225,000. and will not change f or three years in accordance with Real Property Tax Law. Procurement Policy: Supervisor Thorpe provided Attorney Folmer with a copy of the drafted procurement policy. This may be adopted as a policy rather than a local law. The procedure for an adopting a local law would delay compliance with the auditor's annual report. 270 JUNE 21, 2000 TOWN BOARD MEETING I PAGE 3 Supervisor Thorpe stated he is in agreement with a letter written by G. Richard Crozier opposing the change of Tompkins Street to State Route 13. Mr. Crozier stated his concerns within his letter. Supervisor Thorpe requested permission to write a letter to the NYS DOT asking them to reconsider the renaming of Tompkins Street. RESOLUTION # 122 AUTHORIZE SUPERVISOR TO WRITE LETTER TO THE NYS DEPARTMENT OF TRANSPORTATION REGARDING CHANGING THE NAME TOMPKINS STREET TO STATE ROUTE 13 Motion by Councilman O'Donnell Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Board does hereby authorize and direct the Supervisor to write a letter to the NYS DOT in opposition to the name change of Tompkins Street to State Route 13. Councilman O'Donnell made a motion seconded by Councilman Testa, to receive and file correspondence from G. Richard Crozier opposing the name change of Tompkins Street to State Route 13. All voting aye, the motion was carried. Councilman Rocco made a motion seconded by Councilman Testa, to receive and file correspondence from Samuel G. Fish, Jr. All voting aye, the motion was carried. Mr. Fish's correspondence was requesting a reduction of the water & sewer benefit tax for his parents, Samuel G. & Dorothy Fish, Sr., property located at 1045 NYS Route 222. RESOLUTION #123 AUTHORIZE THE REDUCTION OF THE WATER BENEFIT TAX UNIT CHARGE FOR SAMUEL G. & DOROTHY FISH FOR PROPERTY LOCATED ON NYS ROUTE 222 Motion by Councilman Pilato Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED WHEREAS, a request has been made by ,Samuel G. Fish, Jr. on behalf of his parents, Samuel G. & Dorothy Fish, Sr. to reduce their water benefit tax on their property located at 1045 NYS Route 222, and BE IT RESOLVED, the Town Board does hereby authorize the reduction of the water benefit tax units from 5.2 units to 1.00 unit for Samuel G. & Dorothy Fish, Sr. for property located on NYS Route 222, tax map # 86.13-01-37.100. RESOLUTION #124 SCHEDULE PUBLIC HEARING FOR ZONE CHANGE REQUEST SUBMITTED BY CARL STALEY FOR JULY 5, 2000 Motion by Councilman O'Donnell Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED BE IT RESOLVED, a Public Hearing shall be scheduled for July 5, 2000 at 7:00 p.m. for the Zone Change request submitted by Carl J. Staley, tax map #87.00-02-05.000. Supervisor Thorpe apprised the Board of a request by Board of Directors, Carl Kimberly for a letter of support for the Lamont Memorial library. The letter would state the town would not reduce any financial support due the library receiving a grant from the Bill & Melinda Gates foundation. JUNE 21, 2000 TOWN BOARD MEETING PAGE 4 271 RESOLUTION #125 AUTHORIZE SUPERVISOR TO SIGN LETTER OF SUPPORT FOR LAMONT MEMORIAL LIBRARY REGARDING THE BILL & MELINDA GATES FOUNDATION GRANT Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED WHEREAS, the Lamont Memorial Library has applied for a Bill & Melinda Gates Foundation grant to expand the availability of public access computing, and to provide access to the internet and digital information through their public library, and WHEREAS, a request was made to be submitted in a letterform stating the town will continue their financial support of the library, therefore BE IT RESOLVED, the Board does hereby authorize and direct the Supervisor to sign said letter stating, upon receipt of the Bill & Melinda Gates Foundation grant, the town will continue financial support of the Lamont Memorial Library through its normal contract process. Supervisor Thorpe opened a discussion regarding Town Engineer, Hayne Smith's proposal for a new well at the Lime Hollow well site. The well would cost approximately $75,000 and would be a back up in case the existing well fails. Water & Sewer Sup't., Peter Alteri, stated he is confident in Engineer Smith's decision. Two wells have `been eliminated with two wells remaining. Mr. Alteri also recommends another well. Councilman Rocco stated the town is growing with economical development. Water & Sewer Sup't. Alteri stated the tank on Route 13 is shut down and is to be dismantled. Right now the wells are operating non-stop. If a leak should occur these wells could not keep up. If the town continues to grow, the chance for leaks compounds. A discussion was held with Planning Board member, Nick Renzi, concerning Pall Trinity Micro's well. Mr. Alteri stated that well has been disconnected. He will check with the Health Department regarding the possibility of reconnection. Attorney Folmer stated the Town Bookkeeper, Marcia Hicks, has expressed concerns for budgetary control of funds for proposed projects. Attorney Folmer recommended speaking with Mrs. Hicks regarding the source of funds before approving projects. RESOLUTION #126 TABLE PROPOSAL FOR NEW WATER WELL UNTIL JUL.Y 5.2000 Motion by Councilman Rocco Seconded by Councilman Testa VOTES: ALL AYE ADOPTED WHEREAS, Town Engineer has made a proposal for a new well to be constructed as a back up, and WHEREAS, it was decided to speak with the Town Bookkeeper regarding funding before approval of said project, therefore BE IT RESOLVED, the Board does hereby table the proposed construction for new water well until July 5, 2000. Supervisor Thorpe stated the State Auditors recommended the town develop a procurement policy based on their 1998 and 1999 audit. Town Clerk Snyder collected sample procurement policies from Towns of Lansing, Homer and Virgil. Supervisor Thorpe drafted a policy using the Town of Homer's policy as a guideline. Upon review, Attorney Folmer stated it is suitable. 2f2 JUNE 21, 2000 TOWN BOARD MEETING PAGE 5 RESOLUTION #127 ADOPT TOWN OF CORTLANDVILLE PROCUREMENT POLICY - 2000 Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Board does here by adopt the Town of Cortlandville Procurement Policy 2000 as follows: and it is further RESOLVED, the Town Supervisor is hereby authorized and directed to notify the State Comptroller's office of this adoption, and it is further RESOLVED, the Town Clerk is hereby directed to distribute copies of the adopted procurement policy to all employees. TOWN OF CORTLANDVILLE PROCUREMENT POLICY Section Section' 1.) Determination of competitive 5.) Award to lowest bidder; bidding; written documentation. exceptions. 2.) Procurement of goods and 6.) Alternate quotations; specialized services not subject to competitive goods & services. Bidding. 7.) Construal of provisions. 3.) Methods of procurement. 8.) Annual review. 4.) General requirements. Section 1. Determination of competitive bidding; written documentation. A.) Every prospective purchase of goods, or contract. for services 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 shall 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 or is not subject to competitive bidding, taking into account past purchases and the aggregate amount to be spent in a year. B.) The f ollowing are not subject to competitive bidding pursuant to § 103 of the General Municipal Law: 1.) Purchase contracts under ten thousand dollars ($10,000.). 2.) Public works contracts under twenty thousand dollars ($20,000.). 3.) Emergency purchases. 4.) Sole source purchases. 5.) Professional services. 6.) True leases. 7.) Insurance. 8.) Goods and services purchased from agencies for the blind and other severely handicapped. 9.) Goods made in correctional institution JUNE 21, 2000 TOWN BOARD MEETING PAGE 6 10.) Goods under state contracts and county contracts. 273 1 11.) Secondhand supplies, materials or equipment purchased from another government entity. C.) The decision that a purchase or public works contract is not subject to competitive bidding must be documented in writing by the person making the purchase or contract for service (purchaser). This documentation may include Town Board resolutions, minutes or memoranda, written or verbal quotes from vendors, telephone logs (for verbal quotes), requests for proposals (RFP), written or verbal proposals from contractors, contracts (e.g., copies of state/county contracts), a copy of the contract or proposal indicating the source which makes the item or which will provide the service, checklists, flowcharts, a memo from the purchaser indicating how the decision was arrived at and/or detailing the circumstances which led to an emergency purchase or any other written documentation that is appropriate. Section 2. Procurement of goods and services not subject to competitive bidding. All goods and services which are not subject to competitive bidding will be secured by use of written Requests For Proposal (RFP), written quotations, verbal quotations or any other method that assures goods and services will be procured at the lowest price and that favoritism will be avoided. Section 3. Methods of Procurement. The following methods of procurement will be used when required by this procurement policy in order to achieve the highest savings:. A. For purchase contracts: Estimated Amount of Purchase Contract Up to $250 $250 to $1,000 $1000 to $2,500 $2,500 to $10,000 B. For public works contracts: Estimated Amount of Public Works Contract Up to $500 $500 to $2,500 $2,500 to $10,000 Estimated Amount of Public Works Contract $10,000 to $20,000 Discretion of purchaser Oral request for goods, oral quotes from at least two vendors Oral request for goods, written or FAX quotes from at least two vendors Written RFP, written or FAX quotes from three or more vendors Method Discretion of purchaser Oral request, oral proposal from contractor Written RFP, written or FAX proposals from at least two contractors Method Written RFP, written or FAX proposals from three or more contractors 27 4 JUNE 21, 2000 "TOWN BOARD MEETING PAGE 7 Section 4. General requirements. A. A written RFP shall describe the desired goods or services to be preformed, including the quantity and particulars of delivery or performance. The purchaser shall compile a list of all vendors from whom proposals/quotes have been requested and from whom proposals/quotes are received. B. A good faith effort shall be made to obtain the required number of proposals or quotations, and if the purchaser is unable to obtain the required number of proposals/quotations, the purchaser will document the attempt made to obtain such proposals/quotations, but in no event shall a failure or inability to obtain proposals or quotations be a bar to procurement. C. All inf ormation 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. Section S. Award to lowest bidder; exceptions. The lowest responsible quote or proposal 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 and its tax payers to make an award to other than the low bidder or proposer. If a bidder or proposer is not deemed responsible, facts supporting that judgment shall be documented and filed with the records supporting the procurement. Section 6. Alternate quotations; specialized goods and services. In accordance with General Municipal Law § 104-b, Subdivision 2f, the solicitation of alternative quotations or proposals will not be required but must be documented in writing where, in the best interest of the municipality, proper qualifications are not necessarily found in the individual or company that offers the lowest price and the nature of the goods/services are such that they do not readily lend themselves to competitive procurement procedures, as in the following circumstances: A. Professional services or services requiring special or technical skill, training or expertise. Professional and 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 or architect 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, editing or artwork. 8. Management of municipally owned property. 9. Computer software or programming services f or customized programs or services involved in substantial modification and customizing of prepackaged software. B. 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 fits into this category, the Town Board shall take into consideration the f ollowing guidelines: 1. Whether the services are subject to state licensing or testing requirements. JUNE 21, 2000 TOWN BOARD MEETING PAGE 8 275 2. 3. Whether substantial formal education or training is a necessary prerequisite to the performance of the services. Whether the services. require a personal relationship between the individual and municipal officials. C. Contracts f or emergency purchases or services pursuant to § 103, Subdivision 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 life, health, safety or welfare of the residents of the town. This section does not preclude alternate proposals if time permits. D. Procurements for which there is no possibility of competition (sole source items). E. 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 difficult to try to compare prices of used goods, and a lower price may indicate an older product. F. Goods under two hundred fifty dollars ($250) and public works contracts for less than five hundred dollars ($500). The time and documentation required to purchase through this procurement policy may be more costly than the item itself and therefore not be in the best interest of the taxpayers. In addition, it is not likely that the awarding of such de minimis contracts would be based on favoritism. Section 7. Construal of provisions. No portion of this chapter shall be construed as preventing the competitive bidding of purchase contracts under ten thousand dollars ($10,000) or public works projects under twenty thousand dollars ($20,000), if so desired. Section 8. Annual review. This policy shall be reviewed annually by the Town Board at its organizational meeting or as soon thereafter as is reasonably practicable. A discussion was held concerning the necessity for the procurement policy. Councilman Rocco made a motion, seconded by Councilman Testa, to recess the Regular Meeting to an Executive Session to discuss a personnel matter and pending litigation. All voting aye, the motion was carried. The meeting was recessed at 5:35 p.m. The following information was received from the Supervisor's office. Councilman Testa made a motion, seconded by Councilman O'Donnell, to adjourn the Executive Session and reconvene to the Regular Meeting. All voting aye, the motion was carried. No action was taken. Councilman Pilato made a motion, seconded by Councilman O'Donnell, to adjourn the Regular Meeting. All voting aye, the motion was carried. The meeting was adjourned at 6:10 p.m. Re ectfully, wren Q. Snyder J Town Clerk Town of Cortlandville