At the Regular Meeting of the Town Council, Town of Eaton held on March 16, 2015 at the Town of Eaton Office Building, 35 Cedar Street, Morrisville, New York, there were present:
Cliff Moses, Supervisor
Ellen Andros, Councilwoman
Richard DePuy, Councilman
Bill Donnelly, Councilman
Paul Orth, Councilman
Larry Phillips, Highway Superintendent
Brenda Herrick, Deputy Town Clerk
Also Present: Dorothy and Paul Kazunas and Charlie Bostic.
The Meeting opened at 6:00 with the Pledge of Allegiance.
After review of the February minutes, Councilman DePuy moved to accept the minutes as submitted. Second by Councilman Donnelly. All ayes. Motion carried.
PUBLIC COMMENT: Paul Kazunas commended the Highway Department for their work on the roads this winter.
HIGHWAY REPORT:
Superintendent Phillips informed Council that the Loader received a high bid of $ 30,300.00 on Auctions International. Councilman Orth to accept the bid. Second by Councilman Donnelly. All ayes. Motion carried.
Supervisor Moses instructed Superintendent Phillips to open the one sealed bid received.
NEW BUSINESS: Councilman Donnelly moved to adopt the following Resolution:
BOND RESOLUTION 5-2015
DATED: MARCH 16, 2015
RESOLUTION AUTHORIZING THE ISSUANCE OF UP TO $155,000.00 SERIAL BONDS OF THE TOWN OF EATON, MADISON COUNTY, NEW YORK, TO PAY THE COST OF THE ACQUISITION OF A NEW WHEELED EXCAVATOR FOR HIGHWAY DEPARTMENT USE, IN AND FOR SAID TOWN.
WHEREAS, the Town Board of the Town of Eaton, Madison County, New York wishes to provide for the financing of the cost of the purchase of a wheeled excavator for Town Highway Department use;
NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Eaton, Madison County, New York, as follows:
Section 1. For the specific object or purpose of paying the cost of the acquisition of a new wheeled excavator for Highway Department Use, in and for said Town, there are hereby authorized to be issued up to $155,000.00 serial bonds of said Town pursuant to the Local Finance Law of the State of New York.
Section 2. The maximum estimated cost of such specific object or purpose is 155,000.00, and the plan for the financing thereof is by the issuance of up to 155,000.00 serial bonds of said Town, hereby authorized to be issued pursuant to the Local Finance Law of the State of New York.
Section 3. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is fifteen (15) years, pursuant to subdivision 28 of paragraph a of Section 11.00 of the Local Finance Law. It is hereby further determined that the maximum maturity of the bonds herein authorized may be in excess of five (5) years.
Section 4. The said serial bonds are to be payable from amounts which shall be annually levied on all of the taxable real property of said Town of Eaton, Madison County, New York, and the faith and credit of said Town are hereby irrevocably pledged for the payment of the principal of and interest on such bonds as the same respectively become due and payable.
Section 5. Subject to the provisions of the Local Finance Law, the power to authorize the issuance and sale of the serial bonds herein authorized is hereby delegated to the Supervisor of the Town, the chief fiscal officer of the Town. The power to prescribe the terms, form and contents of said serial bonds herein authorized, including the power to designate said serial bonds as “qualified tax exempt obligation” pursuant to Section 265(b)(3) of the Internal Revenue Code of 1986, as amended, is hereby delegated to the Town Supervisor, the chief fiscal officer, consistent with this resolution and the provisions of the Local Finance Law.
Section 6. Subject to the provisions of the Local Finance Law, the power to authorize the issuance and sale of bond anticipation notes in anticipation of the issuance and sale of the serial bonds herein authorized, including renewals of such notes, is hereby delegated to the Town Supervisor, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said Town Supervisor, consistent with this resolution and the provisions of the Local Finance Law.
Section 7. The validity of said serial bonds, and of any bond anticipation notes issued in anticipation thereof, may be contested only if:
1) Such obligations are authorized for an object or purpose for which said Town is not authorized to expend money, or
2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty (20) days after the date of such publication, or
3) Such obligations are authorized in violation of the provisions of the constitution.
Section 8. This resolution is adopted subject to permissive referendum.
Section 9. Upon this resolution taking effect, the same shall be published in full in the official newspaper of said Town for such purpose, together with a notice of the Town Clerk in substantially the form provided in Section 81.00 of the Local Finance Law.
Second made by Councilman DePuy. All ayes. Resolution carried.
.
Councilman DePuy moved to accept the following Resolution:
RESOLUTION NO. 5A
OF THE TOWN BOARD
OF THE TOWN OF EATON
A RESOLUTION AUTHORIZING THE HIGHWAY SUPERINTENDENT
TO ORDER FOR PURCHASE ONE NEW WHEELED EXCAVATOR FOR HIGHWAY
DEPARTMENT USE, IN AND FOR SAID TOWN.
WHEREAS, the Town of Eaton Highway Superintendent has advised of the need to replace the aging Gradall excavator in the Highway Department vehicle fleet and,
WHEREAS, the Highway Superintendent has advised that the acquisition of a new wheeled excavator to replace the current Gradall excavator would be in the best interest of the Town and,
WHEREAS, the Town has solicited and received bids for a new wheeled excavator..
NOW, THEREFORE BE IT RESOLVED, by the Town Board of the Town of Eaton that the lowest bid submitted by a responsible bidder was received from ADMAR Supply Company in the amount of $153,649.00, and that said bid shall be accepted on behalf of the Town of Eaton, and it is hereby further
RESOLVED the Town of Eaton Highway Superintendent is hereby authorized to order for purchase one Model year 2015, Wacker Neuson Model EW100 wheeled excavator at the bid price of $153,649.00, and it is further
RESOLVED that the Town Highway Superintendent and the Town Supervisor be, and hereby are authorized to take such other actions and execute all such documents as may be necessary and/or appropriate to consummate the intent of this resolution and the transaction herein authorized.
Second by Councilman Orth. All ayes. Resolution carried.
Dated: March 16, 2015
TOWN CLERK/TAX REPORT:
Taxes collected to date: $ 2,057,136.87
SUPERVISORS REPORT:
Supervisor Moses updated on the Morrisville State College Students Web Design for the Town. They hope to have it up and running by May 1st.
EMKEY Update: Supervisor Moses informed Council that the Madison County Board of Supervisors voted to forgive the outstanding taxes on the EMKEY property in the Town and School District.
PAY THE BILLS: Abstract # 3
General Vouchers numbered-A 24-35 $ 1,780.51; B 5-6 $ 350.70; SL-3 $664.42
Highway Vouchers numbered DA 24-36 $ 28,227.22
After audit of the Vouchers, Councilman Orth moved to accept and pay the bills. Second by Councilman DePuy, all ayes. Motion carried.
With no further business to bring before the Council, Councilman Donnelly moved to adjourn. Second by Councilman Orth. All ayes. Motion carried. Meeting adjourned at 6:52.
Respectfully submitted,