Approved Minutes of Peru Town Board’s August 13, 2018 Meeting
The regular meeting of the Peru Town Board was held on Monday August 13, 2018 at the Peru Town Hall. Those present were Mr. Brandy McDonald Supervisor; Mr. James Douglass, Councilman; Mr. James Langley, Councilman; Mr. Melvin Irwin, Councilman; Mr. Matthew Favro, Town Attorney; Mrs. Dianne Miller, Town Clerk. Also present were Mr. Courtney Tetrault, Water/Sewer Superintendent; Mr. Michael Farrell, Highway Superintendent; Ms. Pamela Barber, Confidential Secretary to the Board; Mr. Dave Drollette, Dog Control officer and Adele Douglas, Grant Coordinator.
The meeting was called to order at 7:00 PM by Mr. McDonald, with the Pledge of Allegiance.
Motion by Mr. Langley, seconded by Mr. Irwin to approve the minutes from the July 23, 2018 meeting. Ayes 4 Nays 0 Motion Carried
Motion by Mr. Douglass, seconded by Mr. Irwin to include the reports from the following departments into the official record of tonight’s meeting. (Water/Sewer/Valcour; Highway; Town Clerk; Dog Control; Youth Department; Code/Zoning; Supervisor’s Report; Court; Website; and Banking Reports).
Ayes 4 Nays 0 Motion Carried
Community Input and Questions
None
RESOLUTION NUMBER: 18.08.13.01
Position 5
RUS BULLETIN 1780-27 APPROVED
OMB. No. 0572-0121
LOAN RESOLUTION
(Public Bodies)
A RESOLUTION OF THE Town Board
OF THE Peru, Town of AUTHORIZING AND PROVIDING FOR THE INCURRENCE OF INDEBTEDNESS FOR THE PURPOSE OF PROVIDING A PORTION OF THE COST OF ACQUIRING, CONSTRUCTING, ENLARGING, IMPROVING, AND/OR EXTENDING ITS
SEWER
FACILITY TO SERVE AN AREA LAWFULLY WITHIN ITS JURISDICTION TO SERVE.
WHEREAS, it is necessary for the Peru, Town of
(Public Body)
(herein after called Association) to raise a portion of the cost of such undertaking by issuance of its bonds in the principal amount of
Three Million Six Hundred Twelve Thousand & 00/100
pursuant to the provisions of ; and
WHEREAS, the Association intends to obtain assistance from the United States Department of Agriculture,
(herein called the Government) acting under the provisions of the Consolidated Farm and Rural Development Act (7 U.S.C. 1921 et seq.) in the planning. financing, and supervision of such undertaking and the purchasing of bonds lawfully issued, in the event that no other acceptable purchaser for such bonds is found by the Association:
NOW THEREFORE, in consideration of the premises the Association hereby resolves:
- To have prepared on its behalf and to adopt an ordinance or resolution for the issuance of its bonds containing such items and in such forms as are required by State statutes and as are agreeable and acceptable to the Government.
- To refinance the unpaid balance, in whole or in part, of its bonds upon the request of the Government if at any time
it shall appear to the Government that the Association is able to refinance its bonds by obtaining a loan for such purposes from responsible cooperative or private sources at reasonable rates and terms for loans for similar purposes and periods of time as required by section 333(c) of said Consolidated Farm and Rural Development Act (7 U.S.C. 1983(c)).
- To provide for, execute, and comply with Form RD 400-4, “Assurance Agreement,” and Form RD 400-1, “Equal Opportunity Agreement,” including an “Equal Opportunity Clause,” which clause is to be incorporated in, or attached as a rider to, each construction contract and subcontract involving in excess of $10,000.
- To indemnify the Government for any payments made or losses suffered by the Government on behalf of the Association. Such indemnification shall be payable from the same source of funds pledged to pay the bonds or any other legally permissible source.
- That upon default in the payments of any principal and accrued interest on the bonds or in the performance of any covenant or agreement contained herein or in the instruments incident to making or insuring the loan, the Government at its option may (a) declare the entire principal amount then outstanding and accrued interest immediately due and payable, (b) for the account of the Association (payable from the source of funds pledged to pay the bonds or any other legally permissible source), incur and pay reasonable expenses for repair, maintenance, and operation of the facility
and such other reasonable expenses as may be necessary to cure the cause of default, and/or (c) take possession of the facility, repair, maintain, and operate or rent it. Default under the provisions of this resolution or any instrument incident to the making or insuring of the loan may be construed by the Government to constitute default under any other instrument held by the Government and executed or assumed by the Association, and default under any such instrument may be construed by the Government to constitute default hereunder.
- Not to sell, transfer, lease, or otherwise encumber the facility or any portion thereof, or interest therein, or permit others to do so, without the prior written consent of the Government.
- Not to defease the bonds, or to borrow money, enter into any contractor agreement, or otherwise incur any liabilities
for any purpose in connection with the facility (exclusive of normal maintenance) without the prior written consent of the Government if such undertaking would involve the source of funds pledged to pay the bonds.
- To place the proceeds of the bonds on deposit in an account and in a manner approved by the Government. Funds may be deposited in institutions insured by the State or Federal Government or invested in readily marketable securities backed
by the full faith and credit of the United States. Any income from these accounts will be considered as revenues of the system.
- To comply with all applicable State and Federal laws and regulations and to continually operate and maintain the facility in good condition.
- To provide for the receipt of adequate revenues to meet the requirements of debt service, operation and maintenance, and the establishment of adequate reserves. Revenue accumulated over and above that needed to pay operating and mainte- nance, debt service and reserves may only be retained or used to make prepayments on the loan. Revenue cannot be used to pay any expenses which are not directly incurred for the facility financed by USDA. No free service or use of the facility will be permitted.
According to the Paperwork Reduction Act of 1995, an agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a valid OMB control number. The valid OMB control number for this information collection is 0572-0121. The time required to complete this information collection is estimated to average 1 hour per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information.
-2-
- To acquire and maintain such insurance and fidelity bond coverage as may be required by the Government.
- To establish and maintain such books and records relating to the operation of the facility and its financial affairs and to provide for required audit thereof as required by the Government, to provide the Government a copy of each such audit without its request, and to forward to the Government such additional information and reports as it may from time to time require.
- To provide the Government at all reasonable times access to all books and records relating to the facility and access to the property of the system so that the Government may ascertain that the Association is complying with the provisions hereof and of the instruments incident to the making or insuring of the loan.
- That if the Government requires that a reserve account be established, disbursements from that account(s) may be used when necessary for payments due on the bond if sufficient funds are not otherwise available and prior approval of the Government is obtained. Also, with the prior written approval of the Government, funds may be withdrawn and
used for such things as emergency maintenance, extensions to facilities and replacement of short lived assets.
- To provide adequate service to all persons within the service area who can feasibly and legally be served and to obtain USDA’s concurrence prior to refusing new or adequate services to such persons. Upon failure to provide services which are feasible and legal, such person shall have a direct right of action against the Association or public body.
- To comply with the measures identified in the Government’s environmental impact analysis for this facility for the pur- pose of avoiding or reducing the adverse environmental impacts of the facility’s construction or operation.
- To accept a grant in an amount not to exceed $
under the terms offered by the Government; that the
and the Town Clerk of the Association are hereby authorized and empowered to take all action necessary or appropriate in the execution of all written instruments as may be required in regard to or as evidence of such grant; and to operate the facility under the terms offered in said grant agreement(s).
The provisions hereof and the provisions of all instruments incident to the making or the insuring of the loan, unless otherwise specifically provided by the terms of such instrument, shall be binding upon the Association as long as the bonds are held or insured by the Government or assignee. The provisions of sections 6 through 17 hereof may be provided for in more specific detail in the bond resolution or ordinance; to the extent that the provisions contained in such bond resolution or ordinance should be found to be inconsistent with the provisions hereof, these provisions shall be construed as controlling between the Association and the Government or assignee.
Thevotewas:Yeas4Nays 0Absent
IN WITNESS WHEREOF, the Town Board ___ of the
Peru, Town of has duly adopted this resolution and caused it
to be executed by the officers below in duplicate on this 2018, 13th day of August
(SEAL) By Brandy McDonald
Attest: Title Peru Town Supervisor
Dianne Miller
Title Town Clerk
This project will begin 2020
RESOLUTION NUMBER: 18.08.13.02
A RESOLUTION AUTHORIZING THE HIRING OF RAY J. RIVERA AS A HIGHWAY DEPARTMENT MOTOR EQUIPMENT OPERATOR I.
Motion by: Mr. Irwin Second by: Mr. Douglass
WHEREAS, the Town Board has agreed that a new permanent Motor Equipment Operator necessary for the effective operation of the Peru Town Highway Department following the recommendation of Town Highway Superintendent, Michael Farrell,
BE IT
RESOLVED, Ray J. Rivera be hired as an a full time MEO for the Town of Peru at an
hourly rate of pay to be $14.48, with a start date of August 7, 2018.
AND, BE IT
RESOLVED, that this Resolution shall take effect immediately.
| Roll Call: | YES | NO | |
| James Douglass | x | ||
| Mel Irwin | x | ||
| James Langley | x | ||
| Brandy McDonald | x |
Carried :4 Ayes 0 Nays
RESOLUTION NUMBER: 18.08.13.03
A RESOLUTION AWARDING THE MAIN STREET ENHANCEMENT PROJECT PHASE II BID TO NORTHERN SNOW & DIRT, INC.
MOTION: Mr. Langley SECOND: Mr. Douglass
WHEREAS, the Town Board has received one bid in response to its request for same in connection with the completion of the Main Street Enhancement Project, Phase II; and
WHEREAS, the Town Board, in consultation with PLACE Alliance Northeast, find that the bid of Northern Snow & Dirt, Inc. was the lowest bidder and the one that most closely met the bid specifications;
NOW, THEREFORE, BE IT
RESOLVED, that Northern Snow & Dirt, Inc. is awarded the Base Bid only with no alternate
for the Main Street Enhancement Project, Phase II for a price not to exceed One Hundred Thirty
Nine Thousand, Dollars ($139,000) and authorizes the Town Supervisor to execute any further
documentation necessary to facilitate this bid award.
RESOLVED, that this Resolution shall take effect immediately.
| Roll Call: | YES | NO | |
| James Douglass | x | ||
| Mel Irwin | x | ||
| James Langley | x | ||
| Brandy McDonald | x |
Carried: 4 Ayes 0 Nay
RESOLUTION NUMBER: 18.08.13.04
A RESOLUTION TO PURCHASE A 2019 RAMPANT 62,000 LB. GVWR/50,500 LB. PAYLOAD CAPACITY TAG ALONG EQUIPMENT TRAILER BY THE TOWN OF PERU HIGHWAY DEPARTMENT.
Motion: Mr. Douglass Second: Mr. Langley
WHEREAS, The Town of Peru Town Board has found a need for a new 2019 Rampant Tag Along Equipment Trailer for the Town Highway Department, and
WHEREAS, the Town Board and the Highway Superintendent have determined that the new 2019 Rampant Tag Along Equipment Trailer offered by the Rampant Trailers LLC would enable the Town to provide a continued level of quality service to the Town’s residents at a reasonable price, Now it is,
RESOLVED, that the Town of Peru agrees to purchase a new 2019 Rampant Tag Along Equipment Trailer at a cost not to exceed $31,394.00 with funds being reimbursed from the NYS CHIPS Program.
BE IT RESOLVED that the Town Supervisor is authorized to sign all paperwork to execute this purchase as soon as possible.
| Roll Call: | YES | NO | |
| James Douglass | x | ||
| Mel Irwin | x | ||
| James Langley | x | ||
| Brandy McDonald | x |
Carried: 4 Ayes 0 Nays
RESOLUTION NUMBER : 18.08.13.05
A RESOLUTION APPROVING A CONTRACT BETWEEN THE TOWN OF PERU AND HANSON VAN VLEET, PLLC AND AUTHORIZING THE SUPERVISOR TO EXECUTE THE SAME.
MOTION: Mr. Langley SECOND: Mr. Irwin
WHEREAS, the Town Board members have the quote between Hanson Van Vleet, PLLC. and the Town of Peru before them, for the sum of $3,250.00 (Three Thousand Two Hundred Fifty Dollars) THEREFORE, BE IT
RESOLVED, said proposed quote is approved and the Supervisor be and hereby is authorized to execute said contract, AND, BE IT
RESOLVED, that this Resolution shall take effect immediately.
| Roll Call: | YES | NO | |
| James Douglass | x | ||
| Mel Irwin | x | ||
| James Langley | x | ||
| Brandy McDonald | x |
Carried: 4 Ayes Nays 0
Budget Workshops Scheduling
Workshops will be Wednesday 6-8 PM
A schedule will be available at the August 27, 2018 town meeting.
Court Clerk Training
Mr. Irwin stated the cost was $ 1500.00 for the 2 clerks to attend training in Lake Placid. Mr. Kirby was not in attendance to clarify many questions about the training. Mr. McDonald stated more information was needed before moving forward on the discussion.
Update for Camera at Laphams Park
Mr. Tetrault obtained a quote for $ 999.95 for 2 cameras and 8 recorders.
Motion by Mr. Langley seconded by Mr. Irwin to purchase the cameras and recorders
Ayes 4 Nays 0 Motion Carried
Payment will be charged to the youth line item in budget.
The water department will be performing the installation.
Other Business
Mr. Farrell received an offer of $500.00 for the 1971 van.
Motion by Mr. Douglass seconded by Mr. Irwin to authorize sale of 1971 van.
Ayes 4 Nays 0 Motion Carried
Mr. Farrell stated paving is complete on Ormsby Circle. The price of black top has increased by 6.2%.
Mr. Tetrault stated the control switches at the Bear Swamp Lift have been completed. A roof
is planned to be built.
The water department has also been assisting NYSEG to locate water valves as they dig for the natural gas lines. Many water samples are be governed by the State & EPA for allergens and other bacteria.
Mr. McDonald stated an additional check of $3645.91 was received by FEMA from the Winter Storm Stella.
Also the solar system project is be placed with the next 2 weeks at the Little Ausable River Trail.
Public Comments on Agenda Items Only
None
Motion by Mr. Langley seconded by Mr. Langley to adjourn the regular meeting at 7:40 PM. Ayes 4 Nays 0 Motion Carried
_________________________Supervisor _________________________Councilman
_________________________Councilman _________________________Councilman
Posted: August 28th, 2018 under Town Board News.