TOWN OF HUME
AUGUST 28, 2012
A Special Meeting of the Hume Town Board, Allegany County, New York was called to order on August 28, 2012 at 7:00 PM at the Town of Hume Museum, 10842 Claybed Road, Hume, New York. Supervisor Ricketts called the meeting to order and led the Pledge of Allegiance to the Flag.
Officials present: Supervisor Ricketts; Councilmen Gregory McKurth, Daniel Miller, and Bruce Hinz; Highway Superintendent Kevin Peet; Attorney David Pullen; Deputy Town Clerk Joanne Cockle; and Town Clerk Sondra MacEwan. Councilman Christopher Austin was absent.
MINUTES
Councilman Miller moved that the minutes of the August 8, 2012 meeting of the Board be accepted as presented. Councilman McKurth seconded. 3 yes, 0 noes, 1 absent, 1 late arrival (Hinz).
The following resolution was offered by Councilman Daniel Miller, who moved its
adoption, and seconded by Councilman Greg McKurth, to wit:
RESOLUTION REJECTING ALL COLD CREEK PROJECT BIDS AND
AUTHORIZING RE-BIDDING OF CONTRACT:
WHEREAS, the Town of Hume advertised for bids for performance of specified work
on Cold Creek, in the Town of Hume, to be performed by qualified contractors, with such bids to be received and opened on August 8, 2012, at a regular meeting of the Town Board of said Town of Hume, held at the Brooks Hose Company Fire Hall, in the hamlet of Fillmore, New York, and
WHEREAS, on August 8, 2012, the Town Board received and opened nine (9) different
bids, submitted by contractors interested in performing the work specified in the specifications prepared by E & M Engineers, and
WHEREAS, upon reviewing the various bids received it was noted that the bid from
Keeler Construction Company, Inc., did not include the two bid "Addenda," including the "Non-Collusive Bidding Certification" required by General Municipal Law § 103, and
WHEREAS, upon review Keeler Construction Company, Inc., advised the Town of
Hume that it had not received the two missing Addenda, and had not received information about the requirement for the "Non-Collusive Bidding Certification," but provided the missing "Non-Collusive Bidding Certification" on the morning of August 9,2012, in an effort to comply with General Municipal Law §103, and
WHEREAS, it appears that the bid specifications contain language providing that all
bids must include the "Non-Collusive Bidding Certification" provided for in General Municipal Law § 1 03, and that all bids not accompanied by such certification shall be rejected, and
WHEREAS, the Town Board of the Town of Hume has given full consideration to all of
the circumstances and issues raised by the low bidder, Keeler Construction Company, Inc., and additional circumstances and issues raised by the second low bidder, D & H Excavating, Inc., and has consulted with Town Attorney David T. Pullen, Esq., regarding the requirements of General Municipal Law §103, and
WHEREAS, the Town Board has determined that it is critical that the Cold Creek
Project proceed without delay to protect the community from flooding and erosion damage,
NOW, THEREFORE, THE TOWN BOARD OF THE TOWN OF HUME
DETERMINES AND RESOLVES AS FOLLOWS:
I. That questions have been raised about the bidding procedures, and that it is not possible
to ascertain exactly what happened with the bidding procedures related to this Project.
2. That the Town Board believes it is in the best interests of the Town of Hume and its
residents to reject all bids received on August 8, 2012, and re-advertise for new bids.
3. That the rejection of all bids is the only definite way to place all bidders and potential
contractors on an equal and non-discriminatory footing, without any possible
disadvantage or prejudice.
4. That the Town Board of the Town of Hume hereby determines that the absence of the
Non-Collusive Bid Certification was a material deficiency in the Keeler Construction
Company, Inc., bid, but that it would be unfair to penalize such bidder when it appears
that it was not provided with the full bid package prior to submitting its bid.
5. That the Town Board of the Town of Hume hereby determines that it would be unfair to all other bidders to waive a material and important bidding requirement for any single
bidder, and that it would not be in the best interests of the Town of Hume to make such a
waiver.
6. That the Town Board of the Town of Hume hereby determines that the best interests of
the Town of Hume will be achieved by rejecting all bids and authorizing the Engineers
retained by the Town of Hume to re-advertise for new bids which shall be opened and
received on September 12, 2012, at the Brooks Hose Company Fire Hall, on Route 19,
Fillmore, New York at 7:30 p.m., or as soon thereafter as possible.
7. That the Town Board of the Town of Hume fmds it to be in the best interests of the Town of Hume to require strict compliance with the bid specifications in all future bidding procedures.
8. All bid packages must be picked up by the contractors, or requested to be delivered by
certified mail with return receipt, and all bids must be received by the Town of Hume at
the Town Hall, 20 North Genesee Street, P.O. Box 302, Fillmore, New York 14735, no
later than 5:00 P.M., on September 11, 2012. No faxed materials will be provided by the
Town or accepted by the Town of Hume.
Following discussion the Supervisor put the foregoing resolution to a roll call vote, that resulted as follows:
Daniel Miller voting YES
Gregory McKurth voting YES
Chris Austin voting ABSENT
Bruce Hinz voting YES
Dennis Ricketts voting YES
The Supervisor then declared the foregoing resolution to be duly adopted and directed the Town Attorney to have the Town Engineers re-advertise the bids for the Cold Creek Project as quickly as possible.
Councilman Daniel Miller moved that William Nolan be appointed to the Town of Hume Variance Board. Councilman Hinz seconded. 4 ayes, 0 noes.
John Harding has requested a hook up connection to the Town of Hume Water System. His application will be reviewed, and his specifications discussed, with Dana Potter.
The Hume-Sanford Springs users will meet on August 30, 2012 to discuss the future of the system. The Hume Town Board discussed general issues regarding expansion and financing system expansion.
Supervisor Ricketts requested directions from Attorney Pullen on the proper handling of the checks submitted for obtaining bid packets for the Cold Creek Project. The checks may be deposited, according to counsel.
The Board will file a property maintenance complaint with the Code Enforcement Officer on property in the hamlet of Fillmore.
Councilman McKurth moved that the Town obtain a copy of the bid package for the Cold Creek Armoring project for inspection and retention.
Supervisor Ricketts moved that the Board enter Executive Session to discuss ongoing negotiations. Councilman Miller seconded. 4 ayes, 0 noes. The Board entered Executive Session at 8:15 PM and returned to open meeting at 8:25 PM.
Councilman Hinz moved that the meeting be adjourned, and Councilman McKurth seconded. 4 ayes, 0 noes. Meeting adjourned at 8:26 PM.
The next regular meeting of the Hume Town Board will be September 12, 2012 at 7:00 PM at the Brooks Hose Company Fire Hall in Fillmore.
Respectfully submitted,
Sondra MacEwan,
Town Clerk