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STATE OF NEW YORK JUNE 29, 2020COUNTY OF ALBANYREGULAR MEETINGSupervisor Lyons called the regular meeting to order at 6:33PM with the following members present: Councilmembers Palow, Conklin & Harris. Councilmember Willsey was not in attendance. Town Clerk Clayton and Attorney Afzali were also present. The minutes of 04/29/20 were presented and on motion of Supervisor Lyons and seconded by Councilmember Palow, the minutes were accepted with the following members voting aye; Supervisor Lyons; Councilmembers Palow, Conklin, & Harris. The minutes of 05/13/20 were presented and on motion of Supervisor Lyons and seconded by Councilmember Palow, the minutes were accepted with the following members voting aye; Supervisor Lyons; Councilmembers Palow, Conklin, & Harris.CORRESPONDENCE:Letter from Hilltowns Farmers Market committeeLetter from NYSDEC regarding CR9Letters regarding Warners Lake name changeANNOUNCEMENTSCommunity Gardens at Switzkill Farm are ready for plantingPUBLIC COMMENT:Karen Schimmer read a statement regarding the WWII memorial, known as the Honor Roll and the replacement of it. A citizen’s committee of local veterans and other interested individuals has been organized with the intent of creating a permanent memorial.Sue Hawkes-Teeter asked about the status of boards and meetings and appointments to the Conservation Board and Switzkill Farm Board.DEPARTMENT REPORTS:Transfer Station/Highway – Highway Superintendent Bashwinger stated that the highway employees worked to repair the meal on the compactor saving the town a substantial amount of money. Highway department is getting ready to start paving and repairing shoulders.Building Department:Code Enforcement Officer Townsend stated that 14 building permits were issued with an increase in pools and decks; discussed seasonal to full time living changes; demolition of 564 Helderberg Trail; completed education and training on dealing with blight; discussed amending local law to allow chickens by application.JUNE 29, 2020Library:Kathy Stempel stated that the library will be opening with limited hours, Monday through Friday from 2:00PM to 7:00PM and Saturdays, 9Am to noon. There will be a summer reading program; a community bike ride on the Rail Trail and a community hike to White Birch Pond in MITTEE REPORTS: Beautification Committee -Councilmember Conklin stated that flowers have been planed in the Town Park and would like to address the pocket park; a permit application has been submitted to DOT for the flower boxes on the bridge; flowers have been put on the welcome signs. Donor money has been received for putting in a few signs showing year established of some areas in town.Heritage Days – Councilmember Conklin reported that the fireworks should be decided upon soon.OLD BUSINESSLED Streetlight – Councilmember Harris stated that NYPA will be submitting a design review and will be reviewing the National Grid buyout proposal and the unmetered rate for either solution. The final engineering study should be finished by 8/7/20.Town of Berne “unPAUSE” – pause is still in effect through 8/5/20.NEW BUSINESSAUTHORIZING CONTRACT WITH CDTAAfter discussion, Supervisor Lyons made a motion seconded by Councilmember Harrisauthorizing Supervisor Lyons to sign contract with CDTA. Motion carried with the following roll call vote; Supervisor Lyons, Councilmembers Palow, Conklin & Harris voting aye. AUTHORIZING ANNUAL AGREEMENT WITH RIVER VALLEY RADIOAfter discussion, Supervisor Lyons made a motion seconded by Councilmember Palow authorizing the annual agreement with River Valley Radio in the amount of $1500. Highway Superintendent Bashwinger thanked Councilmember Harris for his help in updating the radios. Motion carried with the following roll call vote; Supervisor Lyons, Councilmembers Palow, Conklin & Harris voting aye. AUTHORIZING LEASE AGREEMENT WITH RENTALS TO GOAfter discussion, Supervisor Lyons made a motion seconded by Councilmember Conklin authorizing the lease agreement with Rentals to Go. Motion carried with the following roll call vote; Supervisor Lyons, Councilmembers Palow, Conklin & Harris voting aye. JUNE 24, 2020APPROVING UPDATE TO TOWN OF BERNE’S EMPLOYEE HANDBOOKAfter discussion, Supervisor Lyons made a motion seconded by Councilmember Conklin to update Section 510 Telephone/Cellphone Usage and Section 511 Computer Systems and Internet to the Town of Berne’s Employee Handbook. Motion carried with the following roll call vote; Supervisor Lyons, Councilmembers Palow, Conklin & Harris voting aye. APPROVING AND ADDING EMAIL POLICY TO TOWN OF BERNE’S EMPLOYEE HANDBOOKAfter discussion, Supervisor Lyons made a motion seconded by Councilmember Palow approving and adding Email Policy to Town of Berne’s Employee Handbook. Motion carried with the following roll call vote; Supervisor Lyons, Councilmembers Palow, Conklin & Harris voting aye. ACCEPTING REVIEW AND UPDATED OF PROCUREMENT POLICYAfter discussion, Supervisor Lyons made a motion seconded by Councilmember Palowaccepting the review and changes to the Town of Berne Procurement Policy, a complete copy which is attached to these minutes. Motion carried with the following roll call vote; Supervisor Lyons, Councilmembers Palow, Conklin & Harris voting aye. APPROVING SOCIAL MEDIA POLICYAfter discussion, Supervisor Lyons made a motion seconded by Councilmember Conklin approving the Social Medial Policy for the Town of Berne. Motion carried with the following roll call vote; Supervisor Lyons, Councilmembers Palow, Conklin & Harris voting aye. RESOLUTIONPROPOSED LOCAL LAW #5 of 2020, PLANNING BOARDCouncilmember Harris, seconded by Supervisor Lyons, offered and moved the following resolution:WHEREAS, Proposed Local Law #5 of 2020 was developed with the assistance of the Town’s Consultants and has been distributed to, and reviewed and considered by this board, and posted for public inspection; WHEREAS, Said Purpose and Intent of Proposed Local Law #5of 2020, establishes a Town Planning Board, consisting of five members, repeals any conflicting or inconsistent provisions of all former or other local laws, ordinances or resolutions that may have been adopted by the Town Board of the Town of Berne as they may pertain to the Town of Berne Planning Board; ratifies and carries forward all previous findings, determinations and decisions rendered by the existing Planning Board of the Town of Berne, and appoints all current regular and / or alternate members of the Planning Committee serving at the adoption and effective date of this local law to serve the balance of their unexpired terms. JUNE 29, 2020I move that the Town Board to adopt this resolution; to introduce LL5 “Planning Board” and schedule a duly noticed public hearing to hear and consider public comment. The resolution was adopted by the following roll call vote: Supervisor Lyons & Councilmembers Palow, Conklin, and Harris - aye; AUTHORIZING PUBLIC HEARING ON JULY 22, 2020 FOR PROPSED LOCALLAW #5, PLANNING BOARDAfter discussion, Supervisor Lyons made a motion seconded by Councilmember Palow authorizing the Public Hearing for Proposed Local Law #5, Planning Board, to be held on July 22, 2020 at 6:00PM at the Berne Town Park. Motion carried with the following roll call vote; Supervisor Lyons, Councilmembers Palow, Conklin & Harris voting aye. APPOINTING JEAN GUARINO AS MARRIAGE OFFICERAfter discussion, Supervisor Lyons made a motion seconded by Councilmember Palow appointing Jean Guarino as Marriage Officer in the Town of Berne. Motion carried with the following roll call vote; Supervisor Lyons, Councilmembers Palow & Harris voting aye. Councilmember Conklin voting nay.AUTHORIZING SIGNING AGREEMENT FOR THE EXPENDITURE OF HIGHWAY MONEYS (284)After discussion, Supervisor Lyons made a motion seconded by Councilmember Palow authorizing the signing of Agreement for the Expenditure of Highway Moneys (284) by Supervisor Lyons, Councilmembers Palow, Conklin & Harris; Highway Superintendent Bashwinger. Motion carried with the following roll call vote; Supervisor Lyons, Councilmembers Palow, Conklin & Harris voting aye.APPROVING PROPOSED NAME CHANGE OF WARNER LAKE TO WARNERS LAKE WITH THE USGS After discussion, Supervisor Lyons made a motion seconded by Councilmember Palowapproving proposed name change of Warner Lake to Warners Lake with the USGS. Motion carried with the following roll call vote; Supervisor Lyons, Councilmembers Palow, Conklin & Harris voting aye.AUTHORIZING CHANGE IN HOURS FOR SHAWN DUNCANAfter discussion, Supervisor Lyons made a motion seconded by Councilmember Conklin authorizing four additional hours for Shawn Duncan totaling 28 hours per week. Motion carried with the following roll call vote; Supervisor Lyons, Councilmembers Palow, Conklin & Harris voting aye.JUNE 29, 2020AUTHORIZING INCREASE IN DEMOLITION CONTRACT FOR 564 HELDERBERG TRAIL FOR AMBIENT ENVIRONMENTAL INVOICEAfter discussion, Supervisor Lyons made a motion seconded by Councilmember Palow authorizing the increase in the demolition contract for 564 Helderberg Trail in an amount not to exceed $1,650 for payment to Ambient Environmental for asbestos removal. Motion carried with the following roll call vote; Supervisor Lyons, Councilmembers Palow, Conklin & Harris voting aye.AUTHORIZING SUPERVISOR LYONS TO ENTER INTO AN INTERMUNICIPAL AGREEMENT FOR DOG CONTROL SERVICES FOR 2020 WITH THE TOWN OF KNOX Councilmember Harris made a motion seconded by Councilmember Palow authorizing Supervisor Lyons to sign and administer the Intermunicipal Agreement for dog control services for the year 2020 between the Town of Berne and the Town of Knox, where §3, Fees, shall not exceed $30 each occurrence for impound fees; pickup and transportation service fees and boarding fees. Motion carried with the following roll call vote; Supervisor Lyons, Councilmembers Palow, Conklin & Harris voting aye.AUTHORIZING BUDGET TRANSFERS FOR JUNEAfter discussion, Supervisor Lyons made a motion seconded by Councilmember Conklin that the budget transfers for June be authorized in the amounts and manners as attached to these minutes. Motion carried with the following roll call vote: Supervisor Lyons, and Councilmembers Palow, Conklin & Harris voting aye. ACCEPTING MONTHLY REPORTS FOR MAYAfter discussion, Supervisor Lyons made a motion seconded by Councilmember Conklin to accept the Supervisor, Town Clerk and Building & Zoning Administrator’s May monthly reports. Motion carried with the following roll call vote: Supervisor Lyons, and Councilmembers Palow, Conklin & Harris voting aye. APPROVING PAYMENT OF MONTHLY BILLS After discussion, Supervisor Lyons made a motion seconded by Councilmember Harris to approve payment of the following bills: which also include utility payments: GENERAL FUND, HIGHWAY FUND, SEWER 2020…………………..$31,339.40ABSTRACT 06102020……………………………………………………...$31,339.40 Motion carried with the following roll call vote: Supervisor Lyons, and Councilmembers Palow, Conklin & Harris voting aye. JUNE 29, 2020RESOLUTION OF CENSURESupervisor Lyons offered and moved the following resolution, seconded by Councilmember Conklin:WHEREAS in connection with the August 2019 meeting of the Town Board, board member Joel Willsey requested that “extraordinary security measures” be implemented for such meeting arising from what he believed to be a credible threat against him by board member Dennis Palow,which alleged threat was a belief by board member Willsey that a weapon could be hidden in the Town Hall prior to a meeting by board member Palow and further,That safety for Willsey and the public could only be secured by a police officer sweep of the Town Hall for weapons conducted immediately before a meeting, and further,That a metal detector needed be used to screen anyone entering the building for a meeting, and further,That access doors be locked and that an armed police officer be posted at the front and back of the meeting room during meetings and that an armed police officer be present in an Executive Session of the Town Board if such session be called, andWHEREAS on August 30, 2019 board member Palow filed a complaint against board member Willsey alleging a violation of the Town of Berne Employee Handbook (“Handbook”) at section 900-2 where in it is alleged that comments in an e-mail by board member Willsey to Supervisor Lyons constituted discrimination on the basis of Mr. Palow’s status as a veteran, a protected class in the Employee Handbook, andWHEREAS the Town had an affirmative duty to investigate allegations of discrimination and further upon the advice of the Town Attorney, the complaint was referred to an independent law firm for a review of all of the material elements of the conduct and communications of the parties to the complaint andWHEREAS a Report by the firm of Roemer Wallens Gold & Mineaux, LLP of Albany,New York dated January 15, 2020 was issued after a full investigation, including but not limited to interviews of both parties to the complaint, andWHEREAS the Report of the Independent Law Firm concluded, inter alia, that it was “Mr.Palow’s military status [that] motivated Mr. Willsey’s seeking additional security measures” and that this conclusion was, “inescapable”, andWHEREAS the Report further concluded that: “Mr. Willsey’s suggestions are unsupported byany factual foundation. He has no knowledge of any PTSD diagnosis. He received no specific threat of violence from Mr. Palow, There is no evidence that Mr. Palow was involved in the shooting of a campaign sign on Mr. Willsey’s lawn, nor is there any evidence that he is involved in a militia. During the course of this investigation, [the investigating attorney] was unable to uncover any evidence that Mr. Palow ever made reference to his military service in a hostile or threatening manner. Rather, Mr. Willsey’s allegations are based in negative stereotyping of military veterans”, andWHEREAS much of the above described conduct by board member Willsey was made public during the course of open meetings of the Town Board and in published letters and communications in local media, said conduct was deemed ‘troubling” by the investigating law firm, andWHEREAS the Report concluded that the conduct of board member Willsey was not governed by the Employee Handbook because both the complainant Palow and Willsey are not “employees” but rather elected officials, and thus not subject to discipline under said Handbook’s prohibition of discrimination or harassment and,WHEREAS the Report found that a different conclusion would be reached had Palow and Willsey been employees, and that, “Willsey sought to and succeeded in implementing [a] Town [security) policy on the basis of assumptions and stereotypes regarding Palow’s military service. He [Willsey] openly engaged in negative stereotyping with other members of the Board and with the news media, “which improper behavior by an elected official of the Town of Berne cannot be ignored or condoned, andWHEREAS the residents and taxpayers of Town of Berne include many military veterans and their families whose parents, children and other relatives and friends have served their country, and continue to serve their country, in active military duty, andWHEREAS it is a priority of Town Board of Berne to recognize and strongly speak out against conduct that constitutes unlawful discrimination based on a protected class, and, which erodes the public trust and this board’s ability to properly govern.WHEREAS it is a priority of the Town Board of Berne, that it respects those who have served and who continue to serve our country in the United States military, now, therefore BE IT RESOLVED, that the Town Board of the Town of Berne does here by censure board member Joel Willsey for the extraordinary and unjustified actions he took to disparage, disrespect and disgrace the active military service rendered by board member Dennis Palow which actions served to humiliate all of the veterans and their families who have risked their lives in service to our country and protection of our freedom.Councilmember Palow submitted an Incident Report to be submitted and attached to this resolution.The resolution was adopted by the following roll call vote: Supervisor Lyons & Councilmembers Conklin, and Harris - aye; Councilmember Palow abstained.JUNE 29, 2020MOTION TO ADJOURNThere being no further business, Supervisor Lyons made the motion seconded by Councilmember Palow to adjourn the meeting. Motion carried with the following roll call vote: Supervisor Lyons, and Councilmembers Palow, Conklin & Harris voting aye. Meeting adjourned at 8:04PM.Respectfully submitted,____________________Anita C. Clayton, Town ClerkTOWN OF BERNE PROCUREMENT POLICY50-1. Applicability ; yearly purchasing estimatesThe Town Supervisor acts as the Chief Procurement Officer and shall be responsible for assuring that all purchases are made in accordance with this procurement policy. Every prospective purchase of goods or services shall be evaluated to determine the applicability of General Municipal Law (GML) § 103. Every procurement official with the requisite purchasing authority (hereinafter "purchaser") shall estimate the cumulative amount of the items of supply or equipment needed in a given fiscal year. That estimate shall include the canvass of other Town departments and past history to determine the likely yearly value of the commodity to be acquired. The information gathered and conclusions reached shall be documented and kept with the file or other documentation supporting the purchase activity. All purchases over $500 from the General Fund shall require prior approval of the Town Board.The following titles are considered "purchasers" for the purposes of this policy.Town SupervisorTown ClerkSuperintendent of HighwaysSenior Account ClerkClerk to JusticesCode Enforcement ClerkThe Chief Procurement Officer may grant other Town Officials with purchasing authority for one time purchases in accordance with the policy.50-2. Formal bids requiredAll purchases of supplies or equipment which will exceed $10,000 in the fiscal year or public works contracts over $20,000 shall be formally bid pursuant to GML § 103. 50-3. Quotes and RFPsAll estimated purchases of: (1) Less than $10,000 but greater than $3,000 require a written request for a proposal (RFP) and written/fax quotes from three vendors. (2) Less than $3,000 but greater than $1,000 require an oral request for the goods or services and oral/fax quotes from vendors. (3) Less than $1,000 but greater than $500 are left to the discretion of the purchaser.B. All estimated public works contracts of (definition: construction projects, such as highways or dams, financed by public funds and constructed by a government for the benefit or use of the general public): (1) Less than $20,000 but greater than $10,000 require a written RFP and f ax/proposals from three contractors. (2) Less than $10,000 but greater than $3,000 require a written RFP and fax/proposals from two contractors. (3) Less than $3,000 are left to the discretion of the purchaser.C. All written RFPs shall describe the desired goods, quantity and the particular 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.D. All information gathered in complying with the procedures of this section shall be preserved and filed with the documentation supporting the subsequent purchase or public works contract. E. In connection with every prospective purchase of goods or services the purchaser shall evaluate whether or not the goods or services may be available through New York State contract and/or the Albany County Purchasing Department for a price or sum more favorable than the proposals or price quotes solicited by the Town.F. All purchases of goods or services by a Town officer, board, department head or other personnel with the requisite purchasing authority shall require a purchase order.G. Except in emergencies, all vouchers and bills to be considered for approval of payment by the Town Board at its regular bi-monthly meeting (on the second Wednesday of the month) must be submitted to the Town on or before the first Wednesday of the month. 50-4. Award of bidThe 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 and its taxpayers to make an award to other than the low bidder. If a bidder is not deemed responsible, facts supporting that judgment shall also be documented and filed with the record supporting the procurement.50-5. Solicitation of quotes and/or proposalsA 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 shall document the attempt made at obtaining the proposals. In no event shall the inability to obtain the proposals or quotes be a bar to the procurement.50-6. Written proposals not requiredExcept when directed by the Town Board, no solicitation of written proposals or quotations shall be required under the following circumstances: Acquisition of professional services; except when the Town Board has directed the use of formal requests for proposals;B. Emergencies;C. Sole-source situations;D. Goods purchased from agencies for the blind or severely handicapped; E. Goods purchased from correctional facilities;F. Goods purchased from another government agency;G. Goods purchased at auction;H. Goods purchased for less than $500;Public works contacts for less than $3,000.J. the HIGHWAY SUPERINTENDENT be and he hereby is authorized to purchase gas and diesel fuel through state contract.K. The HIGHWAY SUPERINTENDENT is authorized to spend up to $2,500 for purchase of tools, tires and equipment from New York State contract and/or the Albany County Purchasing Department; other County, State or Federal contracts without prior approval by the Town Board50.6.1. Documentation of DeliveryThe Chief Procurement Officer must attest to the delivery of commodities or services through vendors awarded bids, and also for purchases of a general nature below the bid standard. Such documentation must be presented to the Town Clerk. Documentation must consist of a packing slip, Purchase Order number and invoice signed by the purchaser or designee indicating receipt of commodities or services. 50.7. Annual review of policyThis policy shall be reviewed annually by the Town Board at its organizational meeting or as soon thereafter as is reasonably practicable.Highway General Fund ................
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