Board Returns New Payloader
Asks For Trade-In Back
by Doug La Rocque
The board convened a special meeting on Friday, November 20 to consider whether or not to pay an invoice from Monroe Equipment (Tractor) for a new 2020 payloader, purchased by Highway Superintendent Jeffrey Winestock. The new payloader cost $99,820, but after the trade-in of the town’s 2015 model, the bill totaled just under $50,000. The problem, according to Town Supervisor Tistrya Houghtling, was that Mr. Winestock never received the town board’s permission to make the purchase, something that was required under New York State Highway Law.
Mr. Winestock argued that he had permission, and that $60,000 was included in the town’s 2020 budget for the purchase. Supervisor Houghtling reminded him the board had voted earlier in the year to put the purchase off, looking to trim expenditures in fear of what impact the COVID-19 pandemic might have on town revenues, particularly sales and mortgage taxes.
Three other board members, Deborah Gordon, John Trainor and Norman Rasmussen agreed with Supervisor Houghtling, and supported her motion not to pay the invoice and to request Monroe return the town’s 2015 payloader. Voting in opposition was Councilman Jesse Newton, who explained his vote in an email to The Eastwick Press this way. “I voted no, not because I believe in rewarding bad behavior as was the comment by a fellow board member, but I do not want to waste any amount of town funds to set any kind of example. The machine will still have to be replaced in the near future and will be less in trade-in then, not more. I believe today we put bad money in front of good. I also thought this purchase even during COVID-19 is not irresponsible due to our higher than last year third quarter sales tax revenue and the fact that there have been no requests for new equipment for the highway department next year, which is a difference of $280,000 from last year.”
Was The Purchase Illegal Under NYS Law?
According to Town Attorney John Tingley, yes. He cited NYS Highway Law section 142 that says “the town superintendent may, with the approval of the town board, purchase equipment, tools and other implements to be used for highway maintenance, construction or reconstruction, snow plows or other devices for the removal of snow from the highways from monies appropriated for that purpose.” He made it clear, this applies no matter what the dollar purchase.
There is a clause, however, that allows the town board to pre-approve such purchases up to a specific dollar amount. The board, again by a four to one vote, approved the Supervisor’s resolution to amend the town’s procurement policy to include this section of the law.
The only other business transacted at this special meeting was the appointment of Dale Ackley to the Board of Assessment Review. This motion was passed unanimously.