The Stearns Building at 338 Central Ave. in Dunkirk.

A member of the Dunkirk Common Council expressed concerns this week following a vote to make repairs to the Stearns Building.

Farrell Roofing was approved to do a $147,480 repair on the roof of the property to be paid in payments over the course of five years.

Citing general municipal law 104-b(2)(f) and the city of Dunkirk procurement policy, City Attorney Richard Morrisroe directed the council through their discretion to accept the offer without any other offered bids.

“Generally, for any project over $30,000 under both the city procurement policy and general municipal law, you usually have to go to a public bid process,” Morrisroe said at Dunkirk’s Common Council meeting this week. “But there are exceptions to that rule in both the state law and the procurement policy, emergent needs. In this particular case there are two exceptions that apply, that was there because of the timing, there were leaks.

“We’re going into the winter season, but the most important thing is under general municipal law, which essentially says that we can dispense at the discretion of the council with the solicitation of alternative proposal quotations under certain circumstances when it’s not in the best interest of the municipality.”

What Morrisroe meant was sometimes a municipality should just get the right contract and begin work. “In this particular case, the issue is Farell Roofing is large and successful enough and is well capitalized that they can essentially, in lieu of financing, they’ll be applying a deferred payment plan with no interest, because they don’t need the cash,” Morrisroe said. “They also happen to be Dunkirk based, they have strong relationships with the community, it just made sense. It’s perfectly legal under New York State law and the city’s procurement policy.”

The council passed the resolution 5-0, but First Ward Councilman Don Williams was concerned, even after the vote.

“I asked questions at the meeting and I’m very concerned that an email mentioned that the comptroller’s office was questioning the legality of this,” Williams told the OBSERVER after the meeting. “City Attorney Richard Morrisroe, explained that there are certain cases that make the procurement policy ok to not follow. I voted aye, because we (the city) already had Farrell start the work. We did a polling of council members after the budget presentation and decided to give the ok and ‘officially’ pass a resolution at the meeting (that’s the reason it passed unanimously).”

Williams went on to say that he was very concerned at the questions being asked by the comptroller’s office.

“I can say that after this fiasco, I will never again be part of rushing anything through,” Williams said. “It’s not so much a lack of trust as it is I’m sick of getting burned. If we have all the information in front of us, we make more accurate decisions.”