As we have repeatedly stated, the Highway Superintendent signed a lease/purchase with Vantage Equipment, LLC for a 2006 Gradall XL3100 on September 21, 2006 without board approval. Town law states that if an expenditure is subject to permissive referendum, then so is the signing of a lease purchase agreement. The Gradall purchase was part of the bond resolutions passed on October 4, 2006 (after Roger Cleveland signed the agreement), but Concerned Citizens collected enough signatures to bring the bonding to a vote...the vote wasn't scheduled until March 29, 2007. Superintendent Cleveland had no business signing that agreement because he had insufficient funds in both his 2006 Equipment Purchase and Equipment Lease budget lines and the Gradall bonding was subject to permissive referendum.
No problem...in comes Town Attorney Green with his "cover-up". However, we FOILed documents that specifically state it was a lease/purchase agreement from the get-go...in other words, the Highway Superintendent entered into an illegal agreement and Town Attorney Green tried to cover it up...and either the entire board was aware of the cover-up and unanimously voted in favor of the "cover-up" anyway or Attorney Green you failed to inform the board of what was "really" going on.
Invoice, voucher and purchase order for the 1st "rental" period (10-5-06 to 11-1-06)Let's back up...According to the first lease/purchase agreement we received, the Town of New Hartford had a 2006 Gradall S/N 0210017817. After we received this document, we asked for more information because this first one seemed to be incomplete. That is when we received the second lease/purchase agreement; however, the second one doesn't have the S/N on it. There is also a Shop/Field Service Report included with the 11-2-06 to 11-29-06 paperwork that eludes to the fact that the town has a Gradall with a S/N of 0210017817.
Invoice, voucher and purchase order for the 2nd "rental" period (11-2-06 to 11-29-06)
Invoice, voucher and purchase order for the 3rd "rental" period (11-30-06 to12-27-06)
Invoice, voucher and purchase order for the 4th "rental" period (12-28-06 to 1-24-07)
Yet, odd it is that ALL of the invoices from Vantage Equipment state that the rental is for a Gradall XL3100 S/N 0210017941...we do believe that would be the 2007 Gradall that the town now owns as a result of the bid received in February 2007. Now why would Vantage think the town is leasing a 2007 Gradall S/N 0210017941 and yet the town lease/purchase contract says the lease is for a 2006 Gradall S/N 0210017817?
Odder still is the fact that the Purchase Orders signed by Highway Superintendent Roger Cleveland ALL say they are for a budgeted item and three of the P.O. specifically state the the Purpose is "rent to own". Hmm...budgeted item...that would be because the Highway budget worksheets show that the Gradall was to be purchased with the bond money that was unfortunately voted down in March 2007... looks like Roger ASSumed...and, by the way, doesn't rent to own imply that it is a lease/purchase?
So which Gradall XL3100, license plate #39860-SC do we have in this picture that was taken at the Highway Garage on March 1, 2007?
insuring. You know, the one the insurance company valued on 10-13-06 yet the town didn't approve the bond anticipation note for the purchase until May 2007?
Wow, now that we look at the 2007 Insured Property list that Baily, Haskell & LaLonde prepared...somehow the insurance company got the idea that the Model # of the Gradall is 39860SC. Someone should let them know that is the license plate number...the model number is XL3100!
By the way, according to the 2007 Approved New Equipment Highway budget worksheets, a new Bobcat was to be purchased...but we aren't currently insuring one. Strange, because on March 1, 2007 the Town of New Hartford had a Bobcat sitting in the Highway Garage. Looks to be the MDL863 purchased in February 2000...can't imagine why the town isn't insuring a Bobcat. Maybe someone "prematurely" got rid of it seeing that a new Bobcat was approved for purchase in 2007 anyway. Don't believe the town ever bought one though... at least, it was never discussed at a town board meeting.