At the Regular Meeting of the Town of Eaton Council, held on May 11, 2015 at the Town ofEaton Office Building,

35 Cedar Street, Morrisville, New York, there were present:

Cliff Moses, Supervisor

Ellen Andros, Councilwoman

Bill Donnelly, Councilman

Richard DePuy, Councilman

Paul Orth, Councilman

Larry Phillips, Highway Superintendent

Debra Clark, Town Clerk

Also Present: James Stokes, Attorney for the Town,Dorothy and Paul Kazunas, and Charlie Bostic.

The meeting opened at 6:00 with the Pledge of Allegiance.

REVIEW OF APRIL 2015 MINUTES

Councilwoman Andros moved to table the minutes until June meeting for review with Attorney Stokes. Second by Councilman

Donnelly. All ayes. Motion carried. (Attorney Stokes reviewed the minutes upon entering the meeting and found everything to be in order.) Motion to approve minutes as submitted by Councilwoman Andros. Second by Councilman Orth. All ayes. Motion carried.

TOWN CLERK REPORT:

  1. The 2015 tax roll has been returned to the County. The total collected this year was $ 2,240,284.05.
  2. Monthly reports for Supervisor, Town Clerk, Codes, Planning and Zoning, were handed out and reviewed.

HIGHWAY REPORT:

Highway Superintendent Phillips reported that the new wheeled excavator is working very well.

Phillips requested Council to consider spending monies on the 2007 freightliner to prolong the life of the vehicle for resale value.

ATTORNEY REPORT: (6:20)

Attorney Stokes presented a RESOLUTION for review by Council. At 6:22, Councilwoman Andros moved to recess the

Regular Meeting and enter into executive session for discussion of RESOLUTION 11 OF 2015. Second by Councilman

Donnelly. All ayes. Motion carried. At 6:26 Councilwoman Andros moved to close executive session and continue the

regular meeting. Second by Councilman Donnelly. All ayes. Motion carried. ( no action taken in executive session)

RESOLUTION 11-2015

WHEREAS, Emkey Resources, LLC has filed and served property tax abatement proceedings against the Town of Eaton pursuant to Article 7 of the Real Property Tax Law for the years 2012 through 2014, inclusive, on property located at 2511 Lebanon Hill Road, Tax Map No. 152.-1-2.1 and property off South Street, Tax Map No. 123.-2-31.2; and

WHEREAS, the Town of Eaton has retained the law firm of E. Stewart Jones Hacker Murphy, LLP, Patrick L. Seely, Jr., of counsel, to offer counsel and advice to the Town with respect to the merits of these pending petitions; and

WHEREAS, Patrick L. Seely, Jr., Esq. has engaged in protracted settlement negotiations on the multiple years of litigation before Madison County Supreme Court; and

WHEREAS, the negotiations between the parties have resulted in a tentative settlement of all assessment years in dispute which, per the Town’s outside counsel, represents a fair settlement to the Town, which settlement has been preliminarily approved by the Town School District; and

WHEREAS, implementation of the proposed settlement will save the Town substantial costs of a trial in Madison County Supreme Court, including attorney’s fees and expert consultation and testimony fees, and will further eliminate the uncertainty of outcome for these proceedings; and

WHEREAS, E. Stewart Jones Hacker Murphy, LLP, by Patrick L. Seely, Jr., has recommended approval of the settlement terms and conditions as set forth below:

NOW BE IT RESOLVED, that Patrick L. Seely, Jr., Esq., is authorized to enter into a formal settlement agreement (attached as an Exhibit) between the Town of Eaton and Emkey Resources, LLC, agreeing to the assessment changes on the attached exhibit for the parcels indicated for the years 2012 through 2014;

AND IT BE FURTHER RESOLVED, that this settlement is approved based on the Resolution of the County Board of Supervisors dated March 10, 2015, regarding the settlement;

AND BE IT FINALLY RESOLVED, that Patrick L. Seely, Jr., Esq., of E. Stewart Jones Hacker Murphy, LLP, is authorized by the Town Board to execute all documents and to take all steps necessary to effectuate this negotiated settlement, it being determined by the Town Board said settlement is fair and equitable, and that said settlement will also save the Town substantial attorney’s fees, expert consultant fees, expert consultant costs and Court costs.

Dated: May 11, 2015

Councilman Orth moved to accept RESOLUTION 11 OF 2015. Second by Councilman DePuy. Roll Call as follows:

Councilwoman Andros aye, Councilman DePuy aye, Councilman Orth aye, Councilman Donnelly aye, Supervisor Moses aye. Motion carried.

SUPERVISORS REPORT:

  1. The 2014 Audit of Court records to be tabled until the June Meeting.
  2. Supervisor Moses announced the date of the Town-wide clean up to be September 11 & 12th.
  3. Moses discussed the decaying chimney and need to remedy and other updates needed on the Town Office Building.

COUNCIL DISCUSSION:

PAY THE BILLS: Abstract 5 of 2015

General Vouchers numbered A54-65: $2,696.73; B10-12 $92.29; SL: 5 $646.70

Highway Vouchers numbered DA50-58: $158,254.59; DB1-55-10: $27,525.82

Councilwoman Andros moved to accept and pay the bills, second by Councilman DePuy. All ayes, motion carried.

Councilman Donnelly moved to adjourn the Meeting, second by Councilman Orth. All ayes. Motion carried. Meeting adjourned at 6:52 PM.