R’ville highway super
Show me more money to work with



RENSSELAERVILLE — The highway superintendent here is working under a procurement policy that is far more restrictive than in the other Hilltowns, while Supervisor Jost Nickelsberg is riled because, he says, the policy is frequently violated.

The town’s procurement policy requires Highway Superintendent G. Jon Chase to get bids for purchases over $200.
His counterpart in nearby Berne can spend more than 10 times that without board approval. His counterpart in Knox says a $200 limit "would definitely slow us down."

Chase did not return calls to The Enterprise this month, but his son, Councilman Gary Chase, spoke on his behalf at September’s town board meeting.

Rensselaerville’s policy was adopted in February in a vote split along party lines, with the Republican majority in favor of the policy.

Nickelsberg, a Republican who took office in January of 2006, has been at odds with G. Jon Chase, a Democrat and long-time highway superintendent, over a variety of issues, including the purchase of highway materials, the town’s procurement policy, the way roads are maintained, and the dismissal of Chase’s wife, Joyce Chase, who had worked in the past as a clerk for the department.

The highway superintendent has not attended a regular town board meeting since January. He used to sit next to his son, Councilman Chase, at town meetings.
"The supervisor has taken him from this position," said Councilman Chase last week.
"The law"doesn’t provide that he give monthly reports," said William Ryan, the attorney to the town.
At recent meetings, residents have brought grievances to the board and asked about Superintendent Chase. Steven Wood, who lost a close race against the highway superintendent in the last election, has said the superintendent should "be held accountable."

The town’s procurement policy stipulates that purchases by town officials exceeding $200 must be put out to bid. Purchases must include a requisition, quotes from at least three vendors, and an expiration date for the quotes. Vendors must also include the quantity, description of items, purchase amount, and delivery information. Bids are awarded to the lowest bidder unless the purchaser justifies awarding the bid in a written statement.
"It’s illegal to sell town property without town board approval," Supervisor Jost Nickelsberg told The Enterprise, citing a July 18 bill to the town from Greene County Power Equipment for $199.95. The purchase is for a Stihl chainsaw, costing $299.95. The town was credited $100 for a saw it traded in, reducing the bill to a cost under $200. Nickelsberg called the sale "a clear attempt of circumvention" and "outright illegal."

Requisitions must be approved by Nickelsberg or the town’s deputy supervisor, Alden Pierce.
Last week, Nickelsberg pointed to a packet of receipts displayed at town hall, calling the information "very graphic, unequivocal."

Nickelsberg and Councilman Chase argued over the purchases and the town’s policy.
"You don’t have to yell at each other. Can you be civil, please"" asked Ryan.

According to a June 19 invoice, G. Jon Chase submitted quotes for a new 20-ton air jack from Napa in Greenville, Carquest in Cobleskill, and Napa in Middleburgh. Pierce approved the purchase from the Greenville Napa for $599; Chase bought the jack from a vendor other than the three from which he had requested bids. He purchased the jack from Green Truck Supply in Albany for $550 on July 26.
"He saved money on that," said Councilman Chase. "He saved $49. That’s a great thing."

On the same day, Chase bought a jack stand from Green Truck Supply for $193.95. The bills were separate.
Nickelsberg said the purchase, which totals $743.95 when combining the bills, was "from the wrong company for the wrong product."
"A jack and a jack stand are two different things," said Councilman Chase. "Do you know what a jack stand is"" he asked Nickelsberg.

On June 29, three items were separated into three bills from Vantage Equipment in Latham, one totaling $204.10, another costing $109.48, and one priced at $155.50.
"Why would you separate them"" Nickelsberg asked.

The town sent letters to vendors, informing them of the town’s policy and requested vendors return a confirmation letter, said Nickelsberg.

Resident Richard Feiner recommended the town use purchase orders.

According to Deidre Andrus, the town’s deputy town clerk, notification letters were sent to 41 vendors, and the town has received about 30 responses. The town’s policy was not sent to all of the town’s vendors because some do not have to comply with the town’s policy, she said. For example, for years, the town has used a company that picks up tires from the recycling center and it would be difficult to find a new vendor, she said.

An audit of payroll and personal services was conducted by the state comptroller’s office this year, which found highway workers were using the time clock sporadically. Nickelsberg, who requested the audit, had requested a full audit, but the comptroller’s office limited its audit to payroll and personal services.
Nickelsberg said the town will pay the bills "under protest." He will contact the owners of companies and explain the town’s policy. Nickelsberg said he would look at all the bills coming into Town Hall.
"They should be looked at by all of us," said Councilman Chase.

Other towns’ policies

Gary Salisbury, Knox’s highway superintendent, is required to get town board approval for purchases and rentals exceeding $1,500.
He usually knows ahead if he needs to purchase or rent something, he said, and, when buying anything "out of the ordinary" for the department, he isn’t required to obtain quotes from three vendors but gets at least three quotes from different vendors on his own, he said.
In August, Salisbury requested the Knox Town Board approve the rental of a roller for work to be completed "just in case we needed it." The town board voted unanimously for the rental. However, in the end, the department did not need to rent the equipment, he said.
Asked how his department would be affected if he were required to obtain three separate bids from three vendors when making purchases of over $200, Salisbury said, "That would definitely slow us down."
Asked how often the department makes purchases of $200, he replied, "Daily, just about."

Salisbury’s budget for the year includes line items for departmental expenses, such as equipment repairs. At the beginning of the year, each town board member signs an agreement with the highway department about how funds will be spent throughout the year, Salisbury said.

At its re-organizational meeting on Jan. 1, the Berne Town Board authorized Raymond Storm, the town’s superintendent of highways, to spend $2,500 on town purchases without the town board’s prior approval.

Two years ago, at its re-organizational meeting, the town board increased the amount of $1,000 to $2,500, noting that Storm occasionally spends more than $1,000 without approval because not making repairs, which routinely come in above $1,000, can slow down the department.

John Nevins, Westerlo’s highway superintendent, does not need the town board’s prior approval on small items and parts. When buying large quantities of stone, he must first have the town’s approval, he said.
Richard Rapp, the town’s supervisor, said that when Nevins makes a purchase for $500, he "just goes ahead and gets it." When buying a truck costing under $10,000, Nevins needs three bids.

Years ago, the town adopted a procurement policy, which follows state guidelines, Rapp said.