Adirondack Town Of Franklin
Adirondack Town Of Franklin

Town of Franklin Minutes of The Monthly Board Meeting
March 14, 2005

The Town of Franklin held a duly publicized meeting of the Town Board on Monday, March 14, 2005 at 7:00 p.m. at the Vermontville Town Hall.
 
Board Members Present:Supervisor Mary Ellen Keith
Councilman Gene Goff
Councilman Tim Goff
Councilman Walt Kretser
Councilwoman Janet Ordway
 
Others Present:Edward Murphy, Attorney for Town
Donald Vorrath, Highway Superintendent
Sandra Oliver, Town Clerk
Frank Karl, Resident
Brad Merrill, Resident
Derek Romeo, Resident
Bernard "Rusty" Ryan, Resident
Glenn Swinyer, Custodian

CALL TO ORDER

The meeting was called to order at 7:00 pm, the Pledge of Allegiance recited, the Town Clerk called the roll and stated all Board members were present. She also requested that tape recorders be switched off if a resident asked not to be recorded.

AUDIT OF CLAIMS

The board audited and approved payment of the following:

General Fund Warrant #3 Claims 53-73 $4,934.68
Highway Fund Warrant #3 Claims 29-40 $5,761.14
Pre-pay General Warrant #3 Claims 11-14 $1,556.91
Fire Protection Warrant #2 Claims 2 $30,751.90

1. Vehicle Decals. Councilman Gene Goff questioned the bill for $450 for decals for Highway Dept. vehicles. He said Supt. Vorrath had been instructed by the Board to obtain four decals for the department's two newest vehicles. He stated he would not approve the claim except for $75 for four decals. He stated that Supt. Vorrath had not followed the Town's procurement procedure and had no authority to outfit the entire fleet of vehicles with customized decals. Supt. Vorrath replied that he had received notice from Supervisor Keith that all Town vehicles had to display Town decals. Supervisor Keith added it was just for the two newest trucks. Supt. Vorrath said the decals had been ordered before March 24th, the date of Supv. Keith's notice. Coun. Kretser stated the Procurement Policy specifies the Highway Supt is prohibited from purchasing any item above $250 without approval from the Town Supervisor. Supervisor Keith questioned the charge for the new design of the decals. Supt. Vorrath said that due to exposure to abrasive cleansers, air, salt and sand that the decals were falling off all the Town vehicles. Responding to Coun. Ordway's query, Supt. Vorrath said decals only last for two years.

2. Drummond American. Councilman Tim Goff questioned a claim from Drummond American for grease in sum of $1,000 and whether the Town's procurement policy had been followed. Supt. Vorrath. He asked Supt. Vorrath what type of container the item is housed, Supt. Vorrath replied "tubes." Coun. T. Goff asked how the grease was used, and Supt. Vorrath responded it was a specialty item as the grease was used on pulleys and slides exposed to air, sand and salt. When Coun. T. Goff asked whether the Highway Dept. needed so large an amount, Supt. Vorrath answered that because the winter had been very cold and a larger amount of salt and sand had used on the roads because of the ice. He added that the item was OGS grade. Coun. T. Goff stated Drummond had a good name and he'd had experience with them, but that their prices were very high. He suggested a local supplier could also have been located. Supt. Vorrath said he would check with Polsinello. Coun. Kretser emphasized that all must follow the Town's procurement policy which specifies three advertised bids. Supt. Vorrath said the Drummond purchase was GSA, and that the State Auditors said they were the same as long the specs were the same. Coun. Kretser replied that GSA prices were mostly higher and noted he would look into the matter.

3. Swipes. Coun. Gene Goff asked what "Swipes" were, and Supt. Vorrath replied they were hand wipes and were kept in the vehicles. Coun. G. Goff stated $304 was spent on Swipes in January 2003. He stated the trucks were being "dolled up", each with CB radio, the best flashlight and chainsaw. Supt. Vorrath stated he wanted the vehicles to represent the Town well.

4. Alien. Coun. G. Goff questioned the presence of a blow-up "Alien" toy in the Town truck. Supt. Vorrath replied the item brought attention to the vehicle, and Town residents commented on it. The Board considered the toy a hazard to safe driving.

5. General Fund Truck Decals. Coun. Gene Goff mentioned the General Fund truck is missing its decals. Supt. Vorrath reported that the State Police had been at the Town Garage asking about the missing general fund decals. He said his department did not appreciate Supv. Keith suggesting the police question them. Supervisor Keith interposed she did not send the police to the Garage, that Town property had been stolen and she was obligated by law to report same to the State Police. The Police advised it was a crime of vandalism. Mrs. Keith emphasized she did not send law enforcement to the Garage. Coun. G.Goff and Kretser added it was interesting that the theft occurred simultaneously with the Board's order that decals be placed on the two newest vehicles.

6. Procurement Policy. Supervisor Keith stated the Town's Procurement Policy must be followed. The bills in question would be paid this time, however, if Procurement Policy is not strictly adhered to in future, bills submitted would not be approved or paid.

Motion by Supv. Keith to approve bills, seconded by Coun. Ordway. Coun. Kretser stated he would approve only $250 of the $450 bill for decals; Coun. G. Goff said he would not approve that bill.

Those approving claims::

  • Supervisor Mary Ellen Keith
  • Councilman Tim Goff
  • Councilwoman Janet Ordway

MINUTES OF MEETINGS

The minutes of the February 14, 2005 meeting were accepted as amended: Frozen Septic System at Garage - now working. Department inserted heat tape into pipe.
Scrap metal sales - "generate large volume but not weight."

Meeting minutes accepted (G.Goff-W.Kretser m/s/p) ALL AYE

SUPERVISOR'S FINANCIAL REPORT

Balances on hand at February 28, 2005:

General Fund CK $16,539.84
  SV $39,024.40
  CLASS $276,092.67
Highway Fund CK $35,414.20
  SV $109,389.11
  CLASS $459,430.49
  CAP. PROJECT HIGHWAY $121,372.13
Landfill Closure CK $1,700.25
  CLASS $69,652.37
Fire Protection CK $11,224.91
  CLASS $145.86
Capital Pro. Build. CLASS $113,433.22

Motion to accept Supervisor's Report (W.Kretser-J.Ordway m/s/p) ALL AYE.

HIGHWAY SUPERINTENDENT'S REPORT

1. Personnel Change. Dustin Fuller has left. Russ Robertson, a former employee with a CDL and good record has returned to the area and has applied for re-employment. Supv. Keith and Supt. Vorrath requested the Board to waive the Town advertisement and probation for highway new hire policy as Mr. Robertson had been a satisfactory employee.
Motion by Supv. Keith and second by Coun. T. Goff for resolution waiving Town policy

    RESOLUTION NO. 13 - WAIVE ADVERTISEMENT AND PROBATION FOR REHIRE

    WHEREAS, the Town Board adopted certain policies regarding employment vacancies in the Town (Resolution 14 of 2004) and advance notice requirements concerning changes in Highway personnel (Resolution 34 of 2004); and WHEREAS, a vacancy has appeared in the Highway Department; and WHEREAS, a former employee (Russell Robertson) with a satisfactory performance record has requested re-employment; NOW, THEREFORE, BE IT RESOLVED, that with respect to this former employee, the Town Policy is waived.

    Those voting aye:

    • Supervisor Mary Ellen Keith
    • Councilman Gene Goff
    • Councilman Tim Goff
    • Councilman Walt Kretser
    • Councilwoman Janet Ordway

    Those voting nay:

      none

2. Information on CHIPS Funding. Supervisor Keith requested information of Supt. Vorrath regarding CHIPS funding. Supt. Vorrath replied information could be garnered from Jim Forbes at the NYS Dept. of Transportation in Watertown. She specifically requested information regarding what percentage of the funds can be used for maintenance and what percentage for improvement. Supt. Vorrath mentioned that he would be in Albany on March 23rd lobbying for CHIPS funding and that the County would be paying for his expenses. Supv. Keith asked him to prepare a report for the Town Board.

3. Garage.

    a. Frozen Septic System. Supt. Vorrath expressed disappointment at Town Board's lack of action regarding the frozen septic system as it had not been working for a month until the department solved the situation by inserting heat tape into the drain. Coun. Kretser affirmed the Board had authorized immediate action on the matter and assumed that as a department head, Supt. Vorrath would have provided alternate facilities for his employees. It was noted, however, once the ground defrosts, further work would be necessary.

    3b. Garage Upgrade. Coun. Kretser questioned whether CHIPS funds could be used for the Garage upgrade.

    3c. Replacement of Overhead Garage Doors. Supt. Vorrath advised that the department is able currently to use only the back overhead door to move its vehicles in and out of the Garage. Thus far, only Overhead Door of Plattsburgh has responded to the RFP; they are to fax their proposal within next few days. Supv. Keith requested his thoughts on the matter once the proposal from Overhead Door had been received.

    3d. Cement Floor Repair. When asked by Supv. Keith whether the concrete should be repaired or the doors replaced, Supt. Vorrath acknowledged the doors should be replaced and then work should be done on the cement floor.

4. Garage Entrance/Exit Door Bid. Only one bid for replacement of the Garage doors was received, from Jim LeMieux of Tupper Lake. Discussion followed concerning the lack of specificity in the bid, and it was agreed by the Board that the bid should be accepted pending receipt of specifications. Supervisor Keith and Coun. Kretser will telephone Mr. LeMieux to discuss. Motion by Coun. Ordway and second by Coun. T. Goff to accept bid:

    RESOLUTION NO. 14: ACCEPTANCE OF BID FOR GARAGE DOORS

    WHEREAS, the Town advertised for bids for replacement of the Town Garage doors; and WHEREAS, one bid was received from Lemieux Enterprises, Tupper Lake, NY, in sum of $3,524.85; and WHEREAS, the Town Board is anxious for specifics concerning the replacement entrance/exit doors; NOW, THEREFORE, BE IT RESOLVED, that the bid of Lemiex Enterprises be and hereby is accepted, pending receipt of specifications from the bidder.

    Those voting aye:

    • Supervisor Mary Ellen Keith
    • Councilman Gene Goff
    • Councilman Tim Goff
    • Councilman Walt Kretser
    • Councilwoman Janet Ordway

    Those voting nay:

      none

5. NJ Brunell. Supt. Vorrath reported that Mr. Brunell would be returning on March 23rd and would like to schedule a meeting with Supv. Keith, Coun. Kretser and Mr. Brunell to discuss the 284 agreement. Coun. Kretser suggested holding a special board meeting to discuss the 284 agreement. Supv. Keith said she would telephone Mr. Brunell on Monday, March 21st to schedule the special board meeting for Thursday, March 31, 2005 at 7:00 pm.

6. Inventory of Garage. A special board meeting scheduled for Thursday April 14, 2005 at 10:00 a.m. to initiate the procedure for inventory at the Town Garage.

7. Federal Surplus Program. Supervisor Keith reviewed a letter from New York State regarding application for the Federal Surplus Program which Supt. Vorrath forwarded to her. She will circulate copies to the Board and noted the application must be completed within 30 days. Coun. Kretser asked whether the Town was already enrolled and whether there would be any cost to join. Supt. Vorrath responded all ordering was done on the internet and there would be no cost.

8. Shared Services Agreements. Supervisor Keith reviewed a questionnaire from State Senator Betty Little concerning shared services agreements among municipalities and noted that the Town's insurance agency is encouraging certificates of insurance ("C/I") from other municipalities. Supt. Vorrath stated other Towns send him C/I's but he doesn't send them one unless they request it. Coun. G. Goff requested Supt. Vorrath to send other Towns to certificates so the Town of Franklin is on record. Coun. Kretser asked about the status of the shared services agreement drafted by Attorney Murphy, who said he would update the draft agreement. He explained a formal agreement would have the benefit of setting forth expectations if an accident occurred.

9. Payroll/Time Clock. Supt. Vorrath expressed concern that Lauren LeFebvre would not be performing the time clock/payroll function in the future, and Supv. Keith advised that she would work with Pamela Maly, the new confidential secretary to the supervisor, until Mrs. Maly is comfortable with the procedure. Supv. Keith suggested Supt. Vorrath fax his time slips to her on a daily basis.

10. Grader Repair. Supt. Vorrath reported that half the brake work on the grader has been accomplished.

11. Sand Supply. Sandpile still going down.

QUESTIONS AND COMMENTS RE HIGHWAY REPORT

1. Glenn Swinyer. Mr. Swinyer asked whether Supt. Vorrath would send personnel to the Town Hall lawn in the spring to rake up the sand from the Post Office parking lot which was dumped onto Town Hall property. Supt. Vorrath responded one individual dumped the sand and it will not happen again. He also noted that most of the sand was from the road.

2. Derek Romeo. Concerning Supt. Vorrath's comment that faxing is the most efficient method of communicating with Supervisor Keith and the Town Board, Mr. Romeo suggested that face-to-face meetings would be more conducive to smooth communications. In response, Supt. Vorrath said that his and Supervisor Keith's work schedules are very different, and faxing is efficient. Supervisor Keith commented that she and Supt. Vorrath speak quite often.

NEW BUSINESS

1. PROCUREMENT POLICY. Supervisor Keith emphasized again that the Town's Procurement Policy will be enforced, and discussion concerning the forthcoming report of the State Auditors followed. By motion of G.Goff and second by W.Kretser, the following resolution was passed:

    RESOLUTION 15: AMENDMENT TO PROCUREMENT POLICY

    WHEREAS, Section 104 of the General Municipal Law requires the Town to review its Procurement Policies and Procedures at least annually; and WHEREAS, certain clarifying changes are necessary to improve compliance with these Policies and Procedures, NOW, THEREFORE, BE IT RESOLVED THAT:

      1. No Purchaser may split what is essentially a single procurement into more than one portion in order to avoid the otherwise applicable requirements of the procurement policies and procedures; and

      2. Unless the Town Board in its sole discretion determines that special circumstances warrant otherwise, the Board shall not approve for payment from Town monies any procurement that does not comply with the policies and procedures specified in this document. If the Board does not approve payment, disposition of the matter shall be the responsibility of the Purchaser involved.

      3. This Resolution shall take effect on March 15, 2005 and shall apply with respect to all procurements made on or after that date.

      4. To accomplish these changes, the Town's Procurement Policy and Procedure is amended to read as follows:

      PROCUREMENT POLICIES AND PROCEDURES - TOWN OF FRANKLIN

      1. PURPOSES OF THE POLICIES AND PROCEDURES. Goods and services subject to these policies and procedures shall be procured in a manner that

        (a) Assures the prudent and economical use of public moneys in the best interests of the taxpayers of the Town,

        (b) Reflects an advance and ongoing planning process to permit the Town Board and other affected Town officers and personnel to anticipate likely procurement needs and the costs associated with them,

        (c) Facilitates the acquisition of goods and services of maximum quality at the lowest possible cost under the circumstances,

        (d) Guards against favoritism, improvidence, extravagance, fraud and corruption, and

        (e) Ensures adequate documentation of actions taken in connection with each method of procurement under these policies and procedures.

      2. PROCUREMENTS COVERED BY THE POLICIES AND PROCEDURES. These policies and procedures apply to all Town procurements of goods and services valued at less than the thresholds for competitive bidding contained in GML Section 103 or any other general, special, or local law. Section 103 covers all contracts for public work involving an expenditure of more than $20,000, and all purchase contracts involving an expenditure of more than $10,000.

      3. DEFINITION OF PURCHASER. As used in these policies and procedures, the term Purchaser means every Town officer, board, department head, or other personnel with the requisite authority to make purchases of goods and services subject to these policies and procedures.

      4. PROCUREMENT PLANNING AND MONITORING.

        (a) IN GENERAL. Each Purchaser shall estimate the amount of goods and services to be procured in a given fiscal year. The estimate shall include the canvass of other Town departments and an analysis of past procurement history to determine the likely value of the goods and services to be acquired.

        (b) USE OF ESTIMATES. The estimates:

          (1) Shall be presented on a cumulative basis for the fiscal year, and shall be broken down into such categories and subcategories, shall cover such time periods, and shall meet such other criteria as the Town Board may determine,

          (2) Shall be provided for use in the preparation of the annual Town budget, or at such other times as the Town Board may determine, and

          (3) Shall be subject to such periodic or other reviews during the fiscal year as the Board may determine.

        (c) DOCUMENTATION. The information gathered and conclusions reached with respect to the estimates prepared under this Section shall be documented and filed in such place or places as the Town Board deems appropriate.

        (d) MONITORING. The Town Board shall take such steps as it deems appropriate to ensure that the Town's procurement activity complies with these policies and procedures and with other applicable law and authority, including the Town's approved budget.

        (e) SPECIAL PROVISIONS FOR THE HIGHWAY SUPERINTENDENT. Subdivision 3 of Highway Law Section 142 contains the following special provisions for the Town Highway Superintendent:

          (1) WRITTEN INVENTORY. The Superintendent must annually make a written inventory of all machinery, tools, implements, and equipment used for highway purposes. The inventory must indicate each article, and state its value and the estimated cost of all necessary repairs to it. The Superintendent must deliver this material to the Town Board by September30 in each year.

          (2) PURCHASE RECOMMENDATIONS. The Superintendent must at the same time file with the Town Board written recommendations as to what machinery, tools, implements, and equipment should be purchased for the use of the Town, and their probable cost.

      5. PURCHASE ORDER FORMS.

        (a) REQUIREMENT FOR A PURCHASE ORDER NUMBER. Except in the case of an emergency under section 13, no procurement subject to these policies and procedures may be made without assignment of a Purchase Order Number, irrespective of the dollar amount involved.

        (b) ASSIGNMENT OF PURCHASE ORDER NUMBERS BY TOWN SUPERVISOR. Except as provided in paragraph (c), Purchase Order Forms are to be submitted to the Town Supervisor's office for assignment of a Purchase Order Number.

        (c) ADVANCE ASSIGNMENT OF PURCHASE ORDER NUMBERS BY TOWN BOARD. The Town Board may approve, on an advance basis, the assignment of Purchase Order Numbers for items or classes of items that the Town routinely purchases. For example, the Town Board could approve assignment of a single Purchase Order Number for all purchases throughout the year for motor oil used in the Town's highway vehicles and equipment. The Number could be used to purchase such oil throughout the year, without the necessity of obtaining another Number.

        (d) NECESSITY FOR PURCHASE ORDER NUMBERS. Vendors will not honor purchase requests without a Purchase Order Number assigned under this Section. The Town Board shall take such steps as may be necessary to ensure that vendors are aware of this requirement.

      6. PURCHASE OF ITEMS AND CLASSES OF ITEMS THROUGHOUT THE YEAR.

        (a) PROCUREMENTS PURSUANT TO SECTION 4. As provided by Section 4, procurement estimates are to be presented on a cumulative basis for the fiscal year. Purchases pursuant to these estimates may be made at such time or times during the year as the Town Board may approve. Each such purchase shall be subject to the requirements of these policies and procedures that apply to the dollar amount of the purchase.

        (b) SPLITTING PROCUREMENTS TO AVOID APPLICATION OF THE POLICIES AND PROCEDURES. No Purchaser may split what is essentially a single procurement into more than one portion in order to avoid the otherwise applicable requirements of this document. For example, if a Purchaser proposes to buy three tools that cost $200 each at the same time or contemporaneously, he or she must treat the procurement as a single purchase, using the appropriate procurement policies and procedures for a $600 purchase. The Purchaser may not avoid these policies and procedures by turning the transaction into two or more separate purchases.

      7. ALL PROCUREMENTS DETERMINING WHETHER GML� 103 APPLIES. Every prospective purchase of goods or services shall be evaluated to determine whether the competitive bidding requirements of GML Section 103 apply. The information gathered and conclusions reached shall be documented and retained with the file or other documentation supporting the purchase activity.

      8. PROCUREMENT OF PUBLIC WORK BETWEEN $10,000 AND $20,000.

        (a) GENERAL RULE. All contracts for public work between $10,000 and $20,000 shall be subject to the competitive bidding requirements of GML Section 103. As noted above, these procurements are not as a legal matter subject to GML Section 103, but the Town has voluntarily adopted the procedures of Section 103 to govern such procurements.

        (b) DOCUMENTATION. Sufficient documentation to show compliance with GML Section 103 shall be preserved and filed with the documentation supporting the procurement involved.

      9. PROCUREMENT OF GOODS AND SERVICES BETWEEN $1,000 AND $10,000.

        (a) GENERAL RULE. All contracts for public work and purchase contracts between $1,000 and $10,000 shall require:
          (1) A written request for proposal (RFP), and

          (2) Written or FAX proposals from at least three vendors.

        (b) REQUEST FOR PROPOSALS. All RFPs shall be in writing, and shall describe the desired goods, quantity, particulars of delivery, and any other relevant information, with sufficient clarity and specificity to ensure receipt of responsive proposals.

        (c) EFFORT TO OBTAIN PROPOSALS. A good faith effort shall be made to obtain the number of proposals required under this Section. In no event, however, shall the inability to obtain the proposals be a bar to the procurement.

        (d) DOCUMENTATION. The Purchaser shall compile a list of all vendors from whom proposals have been requested and the proposals offered. This information, along with the originals or copies of all proposals offered and all other information relevant to the procurement, shall be preserved and filed with the documentation supporting the procurement involved. If the Purchaser is unable to obtain the required number of proposals, the Purchaser shall document the attempts made at obtaining the proposals.

      10. PROCUREMENT OF GOODS AND SERVICES BETWEEN $500 AND $1,000.

        (a) GENERAL RULE. All contracts for public work and purchase contracts between $500 and $1,000 shall require:
          (1) A written or oral solicitation, and (2) Oral, written, or FAX proposals from at least three vendors.

        (b) SOLICITATIONS. All solicitations under this Section, whether oral or written, describe the desired goods, quantity, particulars of delivery, and any other relevant information, with sufficient clarity and specificity to ensure responsive proposals.

        (c) EFFORT TO OBTAIN PROPOSALS. A good faith effort shall be made to obtain the number of proposals required under this Section. In no event, however, shall the inability to obtain the proposals be a bar to the procurement.

        (d) DOCUMENTATION. The Purchaser shall compile a list of all vendors from whom proposals have been requested and the proposals offered. All oral solicitations and vendor proposals shall be reduced to writing. This information, along with the originals or copies of all proposals offered and all other information relevant to the procurement, shall be preserved and filed with the documentation supporting the procurement involved. If the Purchaser is unable to obtain the required number of proposals, the Purchaser shall document the attempts made at obtaining the proposals.

      11. PROCUREMENT OF GOODS AND SERVICES BETWEEN $250 AND $500.

        (a) GENERAL RULE. All contracts for public work and purchase contracts between $250 and $500 shall be approved by the Town Supervisor. If the Supervisor is not available, approval may be given by any member of the Town Board.

        (b) GRANT OF APPROVAL. The official granting the approval under this Section shall prepare a statement indicating the basis for the approval. The approval may include any procedures or requirements with respect to the procurement, including the solicitation of bids, as the official granting the approval may deem appropriate.

        (c) DOCUMENTATION. The approval of the Supervisor or other Town Board member, along with any procedures or requirements included with the approval, shall be preserved and filed with the documentation supporting the procurement involved. If bids are solicited, the Purchaser shall compile a list of all vendors from whom solicitations have been requested and the proposals offered. All oral solicitations and vendor proposals shall be reduced to writing. This information shall also be preserved and filed with the documentation supporting the procurement involved.

      12. PROCUREMENT OF GOODS AND SERVICES BELOW $250.

        (a) GENERAL RULE. All contracts for public work and purchase contracts below $250 shall be at the discretion of the Purchaser.

        (b) DOCUMENTATION. Information sufficient to identify the purchase, including any receipt indicating the cost of the purchase and the identity of the vendor, shall be preserved and filed with the documentation supporting the procurement involved. If bids are solicited, the Purchaser shall compile a list of all vendors from whom proposals have been requested and the proposals offered. All oral solicitations and vendor proposals shall be reduced to writing. This information shall also be preserved and filed with the documentation supporting the procurement involved.

      13. EXCEPTIONS TO GENERAL RULES FOR PROCUREMENT BY THE TOWN.

        (a) NATURE OF EXCEPTIONS. Unless otherwise directed by the Town Board, the policies and procedures governing contracts for public work between $10,000 and $20,000 under Section 7, and the procurements of goods and services between $250 and $10,000 under Sections 8 through 10, shall not apply to:

          (1) Acquisition of professional services;

          (2) Emergencies;

          (3) Sole source situations;

          (4) Goods purchased from agencies for the blind and severely handi-capped;

          (5) Goods purchased from correctional facilities;

          (6) Goods purchased from another governmental agency, including OGS; and

          (7) Goods purchased at auction.

        (b) DEFINITIONS. For purposes of these policies and procedures:

          (1) PROFESSIONAL SERVICES. The term "professional services" means services that require the use of professional judgment, or a high degree of creativity, in the performance of the contract, and often involve a relationship of personal trust and confidence.

          (2) EMERGENCY. The term "emergency" means a situation that:

            (i) Arises out of an accident or unforeseen occurrence or condition; (ii) Affects public buildings, public property or the life, health, safety or property of the inhabitants of the Town; and (iii) Requires immediate action, which cannot await competitive bidding.

          (3) SOLE SOURCE SITUATION. The term "sole source situation" means the situation in which the Town, in the public interest, requires particular goods or services which uniquely serve the public interest, for which there is no equivalent, and which are available from only one source so that there is no possibility of competition.

        (c) DOCUMENTATION. The following information shall be preserved and filed with the documentation supporting any procurement under the Section:

          a. Information sufficient to indicate that the procurement fits within one or more of the exception categories under Subsection (a), and, if appropriate, meets each of the relevant definitional elements of the definitions contained in Subsection (b);

          b. Information sufficient to identify the purchase, including any receipt indicating the cost of the purchase and the identity of the vendor; and

          c. Any other information relevant to the procurement involved.

      14. CONTRACT AWARD.

        (a) GENERAL RULE. Procurement contracts shall be awarded to the lowest responsible bidder. If a bidder is not deemed responsible, facts supporting that judgment shall also be documented and filed with the record supporting the procurement.

        (b) EXCEPTION. Procurement contracts may be awarded to a responsible bidder, other than the lowest responsible bidder, if the Purchaser prepares a written justification providing reasons why it is in the best interests of the Town and its taxpayers to make an award to other than the lowest bidder. [For example, the second lowest responsible bidder is a business in the Town, paying Town real property taxes, and its quote was within 5% of the lowest bidder, which is an out-of-State business supplier.]

      15. SPECIAL PROVISIONS GOVERNING THE AWARD OF CONTRACTS BY THE HIGHWAY SUPERINTENDENT.

        (a) PURCHASE OF MATERIALS AND SUPPLIES.
        (i) The Highway Superintendent has the authority to award contracts for the purchase of materials and supplies for the repair and improvement of highways and bridges and for the control of snow and ice, without prior approval by the town board.
        (ii) The amount of such contracts must be within the amounts appropriated therefor in the annual budget and as provided in the Section 284 agreement.

        (b) PURCHASE OF HIGHWAY EQUIPMENT.
        (i) The award of contracts for the purchase of highway equipment is subject to approval of the Town Board, except where the Board has authorized the Superintendent to purchase the equipment up to a specified dollar amount without its prior approval.

        (c) AWARD OF CONTRACTS.
        (i) Where the Town Board has provided that the construction or improvement of a highway or bridge be done under a contract, award of the contract is made by the Highway Superintendent.

        (d) COMPLIANCE WITH PROCUREMENT POLICIES.
        (i) All such purchases and contract awards under this Section must comply with the NYS General Municipal Law and the Town's Procurement Policies and Procedures.

      16. OBLIGATIONS AND EXPENDITURES FROM THE TOWN'S GENERAL FUND. The Town Highway Superintendent may not obligate or expend amounts chargeable to the Town's General Fund without the approval of the Town Board.

      17. ANNUAL REVIEW OF PROCUREMENT POLICIES AND PROCEDURES. The Town Board shall review these policies and procedures annually at its organizational meeting or as soon thereafter as practicable. The Town Board may also review these policies and procedures whenever it determines such review to be appropriate.

      18. FAILURE TO COMPLY WITH PROCUREMENT POLICIES AND PROCEDURES. Unless the Town Board (in its sole discretion) determines that special circumstances warrant otherwise, the Board shall not approve for payment from Town monies any procurement that does not comply with the policies and procedures specified in this document. If the Board does not approve payment, disposition of the matter shall be the responsibility of the Purchaser involved.

      19. SUPERSEDURE. The policies and procedures contained in this document supersede any other procurement policies and procedures previously adopted by the Town of Franklin, including the "Town of Franklin Procurement Policy" adopted as Resolution #2 on January 9, 1995, and modified by Resolution #58 on August 2, 1995.

      Those voting aye:

      • Supervisor Mary Ellen Keith
      • Councilman Gene Goff
      • Councilman Tim Goff
      • Councilman Walt Kretser
      • Councilwoman Janet Ordway

      Those voting nay:

        none

2. Town Clerk.

    a. Report on Meeting. Supervisor Keith noted that the report submitted by Town Clerk Oliver on her trip to the Assn. of Towns meeting in New York City was timely and thorough. The Board agreed.

    b. New Fireproof File Cabinets. Supervisor Keith and the Town Clerk requested authorization for funds to purchase two fireproof file cabinets, one for the Clerk and one for Supv. Keith. The Board agreed there was a need, and requested price information.

3. St. Regis Fire Tower. Supervisor Keith noted that the NYS Department of Environmental Conservation is being pressured by environmentalists to destroy the St. Regis Fire Tower. The Board concurred that the fire tower was part of the area's local history and on motion by Coun. Kretser and second by Coun. T.Goff, the following resolution was passed:

    RESOLUTION NO. 16: OPPOSITION TO NYS DEPT. OF ENVIRONMENTAL CONSERVATION DESTRUCTION OF THE ST. REGIS FIRE TOWER

    WHEREAS, the St. Regis Fire Tower is an important historic landmark in the Adirondack Park; and WHEREAS, the NYS Department of Environmental Conservation proposes to destroy the said fire tower; NOW, THEREFORE, BE IT RESOLVED that the Town of Franklin opposes any action which would destroy the St. Regis Fire Tower.

    Those voting aye:

    • Supervisor Mary Ellen Keith
    • Councilman Gene Goff
    • Councilman Tim Goff
    • Councilman Walt Kretser
    • Councilwoman Janet Ordway

    Those voting nay:

      none

OLD BUSINESS

1. HUD. Supervisor Keith reported that as a result of the survey taken by Friends of the North Country, 23 residences in the Town of Franklin were found to be eligible; however this number is low. FONC prefers having at least 28 residences with a back-up of 10 or so. FONC is writing a grant for Franklin County - will encompass the entire county. FONC requested that the Town of Franklin agree to be included in this grant. The best part about the county-wide grant is that the Town will not have to do any paperwork; the disadvantage is that Franklin County is very large.
Motion by Supv. Keith, second by Coun. Ordway

    RESOLUTION NO. 17: SUPPORT FRIENDS OF THE NORTH COUNTRY IN ITS PROPOSAL TO HUD FOR FRANKLIN COUNTY AND INCLUDE TOWN OF FRANKLIN

    WHEREAS, Friends of the North Country is writing an grant application to the federal Department of Housing and Urban Development for funds to improve residences in the County of Franklin, New York; and WHEREAS, the Town of Franklin desires to be included in such proposal; NOW, THEREFORE, BE IT RESOLVED, that the Town of Franklin supports Friends of the North Country in its proposal to HUD for funds and requests that the Town of Franklin be included in such proposal for funds.

    Those voting aye:

    • Supervisor Mary Ellen Keith
    • Councilman Gene Goff
    • Councilman Tim Goff
    • Councilman Walt Kretser
    • Councilwoman Janet Ordway

    Those voting nay:

      none

2. Building Committee Report. Bob Hammond could not be present at the meeting to present his report. He will attend April's board meeting and present his report, which will include three sketches. Supervisor Keith reported that Assemblyman Ortloff has not yet returned her call regarding funding for a new community center and upgrade of the present Town Hall. She referred to a recent news item involving a fatal courthouse shooting in Georgia and expressed concern for Justice Symonds' safety, as he holds court in his office, which does not have a separate exit. She emphasized the need to ensure the safety of the Town Hall. Frank Karl mentioned that Bob was to draft a letter to Dick Butler. Supv. Keith will follow up and ask him to call Frank.

3. Cemetery Committee. Attorney Murphy will be returning to the area the week of April 11th for an entire week. Supv. Keith stated the Town cannot discover who holds title to the cemetery. Brad Merrill stated that a survey had been done on the property as it contained survey stakes. He opined that the Town of Franklin should not take over the St. Armand part of the parcel.

4. Celebration Committee. Coun. Ordway said there will not be an Easter party this year.

CORRESPONDENCE

1. Life Flight. Thank you from Life Flight for support.

2. Association of Towns. Certificate of membership received and displayed.

3. Adirondack Association of Towns. Membership

4. Saranac Lake Adult Center. Formal thank you for Town's support.

5. Town of Harrietstown re Ambulance. The Volunteer Fire Department of the Village of Saranac Lake is proposing to change the manner in which it charges for ambulance service to the area. Larry Miller, Supervisor of the Town of Harrietstown has scheduled a meeting for April 20th at 4:30 p.m. to discuss the matter, and Supervisor Keith will attend. The Village is proposing to charge for ambulance service based on assessed values of real property.

Frank Karl stated that in 1997 the Town of Franklin paid $8,000 a year for rescue service, and the Village of Saranac Lake planned to increase the charge to $18,000. A meeting was held and the amount was reduced. He explained that with the rescue unit, the first three calls are made to EMTs, and then the fourth call is dispatched by Adirondack Medical Center ("AMC"). The Town of Franklin currently pays $600 per rescue call; if the Village's plan is approved, it would increase the Town's cost to $36,000 per year, or $1,000 per call. The Village is responsible for 60% of all rescue calls, and with the proposed plan, they would pay 3% of the cost.

Supervisor Keith reported that John Quenell, Deputy Supervisor of Brighton, received budget figures from the Village through a FOIL request.

Derek Romeo reported that because the Rescue/Ambulance service is a volunteer organization, they cannot bill insurance companies; therefore, funds must be raised in another manner. In addition, AMC does not have its own ambulance; they are using LaMora.

Suggestion made for surrounding communities to create their own rescue service.

QUESTIONS AND COMMENTS

1. Spotlight. Brad Merrill requested that the spotlight on the flag at the front of the Town Hall be redirected. At present it shines into oncoming traffic. The Town Custodian will take care of this.

2. Glare Ice. Coun. G.Goff noted that the Post Office melt runoff onto Cold Brook Road is glare ice.

ADJOURNMENT

There being no further business, the meeting adjourned at 9:35 pm (Supv. Keith-J.Ordway m/s/p) ALL AYE.

Sandra J. Oliver, Town Clerk

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Town of Franklin
P.O. Box 209, Route 3, Vermontville, NY 12989  ·  Tel: 518-891-2189  ·  Fax: 518-891-6389  ·  info@townoffranklin.com
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