April 9, 2001
Town Board Minutes

Oswego Town Council Community Center

Supervisor: Jack Tyrie, Jr.
Town Board Members: Margaret Mahaney, Victoria M. Mullen,
Richard Pratt, Barbara Tierney
The regular meeting of the Oswego Town Board was held at 7:00 PM at the Southwest Community Center. The meeting was called to order by Supervisor Tyrie who opened with the Pledge of Allegiance. Roll call was taken with the following members present:
Supervisor
Councilor
Councilor
Councilor
Councilor
Attorney to the Board
Jack Tyrie, Jr.
Margaret Mahaney
Victoria M. Mullen
Richard Pratt
Barbara Tierney
Stephen C. Greene
Public Comment: No one wished to address the board at this time.

Town Clerk's Report: On 4/3/01 $1236.00 was paid to the Supervisor which represents March fees. At the Town Clerk one day seminar in Canandaigua hunting license for the 2001-2002 season was discussed. There will be no online sales this year, but DEC is looking for an increase in fees, we will know that when the State budget is passed. The tax collection ended on April 2, 2001 and the books will be closed out with the County Treasurer on 4/13/01. There are 218 parcels being returned as unpaid totaling $185,932.02. Brush pickup will begin April 23rd, and will continue every 2nd and 4th Monday's except holidays. The Historical Society will have another guest speaker on April 18th at 7pm at the Southwest Community Center. Lowell Newvine and his wife will be reading Civil War letters.

Resolution 2001- 50 Be it resolved that the Oswego Town Board approves the minutes of the March 12, 2001 meeting, as submitted by the Town Clerk. Moved by Councilor Mahaney and seconded by Councilor Tierney. All ayes motion carried.

Resolution 2001- 51 Be it resolved that the Oswego Town Board approves the Town Clerk's audit of the bills, and authorizes the Supervisor to pay the following vouchers:
General Fund
Highway Fund
Lighting District
Sleepy Hollow Sewer
SW1 Fruit Valley Water
Southwest Water
Oswego Center
Washington Blvd
Lake Road
Fifth Street
Ontario Hts.
$20,000.61
8,740.76
$137.40
150.22
2,508.35
1,343.46
654.72
2,414.83
688.74
663.23
952.33
v-123-161
v-44-59

v-2

v-6-7

v-1 SW2

v-1 SW3

v-1 SW4

v-1 SW5

v-1 SW6

v-1 SW7

v-1
Moved by Supervisor Tyrie and seconded by Councilor Mahaney. All ayes motion carried.

Supervisor's Report: Supervisor Tyrie reported that the Comprehensive Plan from the County was on hold until he had more answers. The following committee Chair's gave reports: Councilor Mullen reported on the Highway Advisory Committee met and the next meetings will be held 7 PM April 17th and 24th at the Town Hall. The Recreation Committee met and there will be an Easter Egg Hunt in the Town Park on Saturday, April 14th at 10 am, for children 7 and under. The tentative schedule of events is as follows:

April 14th Easter Egg Hunt
July 10th Swing into Summer Concert in the Park with the Oswego Town Historical Society serving ice cream.
August 21st Evening of Barber Shop Music
November 29th 3rd Annual Tree Lighting

Supervisor Tyrie reported that MJP Associates spoke to the town board regarding the repairs at the Southwest Community Center. He is also going to be working on a policy handbook. He is also looking into the census figures, which show Oswego Town's population dropped 10%. We need to challenge these figures.

Resolution 2001-52 Motion by Councilor Mahaney and seconded by Supervisor Tyrie to open the public hearing on proposed Local Law 2001-1 at 7:15 PM. The Town Clerk read the legal notice, which was printed in the Palladium Times. All ayes motion carried.

Town Resident Jim Thompson had questions regarding this local law. No one else from the public spoke for or against.

Resolution 2001-53 Motion by Councilor Tierney and seconded by Councilor Mullen to recess the public hearing until next board meeting on May 14th. All ayes motion carried.

Old Business: Supervisor Tyrie removed from the agenda his resolution regarding the agreement between the Oswego County Planning Department for provision of consulting services to the Town Planning Board.

Resolution 2001-54 Be it resolved that the Oswego Town Board acknowledges receipt of the Proposed Town of Oswego Comprehensive Plan. Be it further resolved that the Town Board shall hold a public hearing for the purpose of receiving public comments regarding said Comprehensive Plan, such hearing to be held on May 21, 2001at the Southwest Community Center, commencing at 7:00 PM. Moved by Supervisor Tyrie and seconded by Councilor Mahaney. All ayes motion carried.

Resolution 2001-55 Be it resolved that the Oswego Town Board reschedules the public hearing on Proposed Local Law 2001-2 for May 14, 2001, at 6:45 PM at the Southwest Community Center. Moved by Supervisor Tyrie and seconded by Councilor Mahaney. All ayes motion carried.

New Business:

Resolution 2001- 56
Be it resolved that the Oswego Town Board approves the following polling stations for use during general and primary elections:

First District Rev. Robert E. Hall Newman Center New Street
Second District Oswego Town Fire Station County Route 20
Third District Southwest Community Center NYS Route 104 W
Fourth District Hewitt Student Union

All ayes motion carried.

Resolution 2001- 57 Be it resolved that the Oswego Town Board approves the payment of the following costs associated with the 2001 trips sponsored by the Town of Oswego Senior Citizens Organization: 4/25 Corning $675.00 6/27 Olean 950.00 8/23 Poconos 575.00 Moved by Supervisor Tyrie seconded by Councilor Pratt. Discussion followed. Friendly amendment to put on hold the 6/27, and 8/23 trips until further information is obtained. All ayes motion carried.

Resolution 2001- 58 Be it resolved that the Oswego Town Council supports the efforts of Senator James Wright to seek funding for a new Highway Garage. Moved by Victoria M. Mullen seconded by Councilor Tierney. All ayes motion carried.

Resolution 2001-59 Be it resolved that the Oswego Town Board approves the attendance of the Clerk to the Supervisor at the program presented by State Comptroller Carl McCall from May 7-9, 2001 at the Colgate Inn in Hamilton, NY. Be it further resolved that the $50.00 registration fee and all associated costs shall be considered legitimate Town charges. Moved by Supervisor Tyrie and seconded by Councilor Mahaney. All ayes motion carried.

Resolution 2001- 60 Be it resolved that the Oswego Town Council supports the recreation committee's agenda for programs in 2001. Moved by Victoria M. Mullen seconded by Councilor Pratt. All ayes motion carried. April 14th Easter Egg Hunt July 10th Swing into summer Concert in the Park (with Historical Society's Ice Cream Social) August 21st Evening of Barber Shop Music November 29th 3rd Annual Tree Lighting Total estimated costs of these events would be $1000.00.

Resolution 2001 - 61 Whereas the Oswego Town Board wishes to encourage the development of young people with strong character and high ideals, Be it resolved that the Oswego Town Board commends Louis Fernandes on achieving the rank of Eagle Scout. Be it further resolved that the Town Board thanks Eagle Scout Fernandes for his reconstruction of the camp fire ring at Camp Hollis, located within the Town of Oswego. Be it further resolved that the Oswego Town Board extends it's thanks to Mr. & Mrs. Fernandes, his parents, for their contribution to the Oswego Town Community. Be it further resolved that the Oswego Town Board also acknowledges the contribution of Troop Master Rick Fernandes of Scout Troop 891 for his continued good work. Moved by Supervisor Tyrie and seconded by Councilor Mullen. All ayes motion carried.

Resolution 2001- 62 Be it resolved that the Oswego Town Board authorizes the Highway Superintendent to attend the 2001 Highway Superintendents' School, to be held in June. Be it further resolved that all associated costs shall be considered legitimate Town Charges. Moved by Councilor Tierney and seconded by Councilor Mullen. All ayes motion carried.

Resolution 2001- 63 Motion by Supervisor Tyrie and seconded by Councilor Pratt to add agenda item H to the agenda. All ayes motion carried.

Resolution 2001- 64 Item H: Be it resolved that the Oswego Town Board authorizes the Supervisor to make the budget modifications and journal entries necessary for the payment of the OCWA Fire Protection Account and the proper distribution of payment between the 2000 and 2001 fiscal years. Be it further resolved that the Supervisor shall provide the Board with a written report of said modifications and entries. Moved by Supervisor Tyrie and seconded by Councilor Pratt. Discussion followed. Friendly amendment to add "such payment not to exceed $20,000. All ayes motion carried.

Resolution 2001- 65 Motion by Councilor Pratt and seconded by Councilor Mullen to add agenda item I to the agenda. 4 ayes, 1 nay. Mahaney, Mullen, Pratt and Tierney Aye, Tyrie Nay.

Resolution 2001- 66 Item I, Be it resolved the Oswego Town Board accepts the agreement to spend highway funds as submitted by the Highway Superintendent. Moved by Councilor Pratt and seconded by Councilor Tierney. 3 ayes, 2 nay. Mullen, Pratt, Tierney Aye, Mahaney, Tyrie Nay.

Resolution 2001- 67 Motion by Councilor Mullen and seconded by Councilor Tierney to add item J to the agenda. All ayes motion carried.

Resolution 2001- 68 Item J, Whereas, actions by the Town board of the Town of Oswego, New York, are taken only by resolution, and Whereas, the day to day operations and management of the business of the Town of Oswego may be conducted by officer(s) of the Town without resolutions of the Town Board, where permitted by law, and Whereas, confusion may result when the conduct of day-to-day operations and management is made on document (s) appearing to have been issued or promulgated by the Town Board, Now, Therefore be it Resolved, that no letterhead stationary bearing the name of the Town Board of the Town of Oswego, New York, and the names of the members of the Town Board of such Town or other printed document with such heading shall be used in the conduct of the affairs of the Town of Oswego, New York, unless the content of the communication or notice appearing on same is based upon specific resolution duly adopted by said Town Board or is to be signed by each member of the Town Board. Moved by Councilor Mullen, seconded by Councilor Tierney. 4 ayes, 1 nay. Mullen, Pratt, Tierney, Tyrie Aye, Mahaney Nay.

Resolution 2001- 69 Motion by Councilor Pratt and seconded by Councilor Mullen to add item K to the agenda. 4 ayes, 1 nay. Mahaney, Mullen, Pratt, Tierney Aye, Tyrie Nay.

Item K: Whereas, Section 125, subsection 2 of the Town Law of the State of New York requires that "(t)he Supervisor shall render to the town board at the end of each month a detailed statement of all money received and disbursed by him for such month, and shall file a copy in the office of the town clerk" and Whereas, the Town Board is obligated, pursuant to Section 119 of the said Town Law, to audit claims and direct payment by warrant of only those funds which are available for expenditure from the treasury of the Town, and Whereas, the availability of such funds can be determined only upon receipt and review of the Supervisor's detailed statement of all money received and disbursed by him as required by the aforesaid section of the Town Law, and Whereas, no such monthly statement of the Supervisor has been rendered for any month of the year 2001, Now, Therefore be it resolved, that no consent to the disbursement of funds of the Town of Oswego, New York, shall be given until the rendering of such detailed statements to the Town board and the filing of same with the Town Clerk has occurred; and be it further resolved, that if such detailed statements are not so rendered and filed within twenty (20) days of this resolution's date, a copy of this resolution shall be transmitted to the Comptroller of the State of New York for advisement and action. Moved by Councilor Pratt and seconded by Councilor Tierney, discussion followed. Councilor Pratt withdrew item K from the table until next month.

Resolution 2001- 70 Motion by Councilor Mullen and seconded by Councilor Tierney to add cemetery backhoe purchase to the agenda. 4 ayes, 1 nay. Mahaney, Mullen, Pratt, Tierney Aye, Tyrie Nay.

Resolution 2001-71 Be it resolved that the Oswego Town Board approves the purchase of a John Deere 4300 compact tractor as described in the invoice from Widrick Implements Inc. at a cost not to exceed $21, 995.00. Be it further resolved that such funds shall be expended from the Cemetery Perpetual Care Interest Account. Motion by Councilor Mullen and seconded by Councilor Tierney. Discussion followed. Councilor Pratt would like this tabled another month. 3 ayes, 2 nays. Mahaney, Mullen, Tierney Aye, Pratt, Tyrie Nay.

Public Comment: Questions were raised regarding the cemetery backhoe purchase, the Senior Citizens Trips, adding agenda items late and comprehensive plan also comments regarding the need for a town rule book.

Resolution 2001- 72 Motion by Councilor Tierney and seconded by Councilor Mullen to move into executive session at 9:05 PM to discuss pending litigation. All ayes motion carried.

Resolution 2001- 73 Taken in executive session: Be it resolved that the Oswego Town Board authorizes Seiter and Caraccioli to negotiate a settlement of the Oswego Harbor Power LLC vs Town of Oswego legal action. Motion by Councilor Tierney and seconded by Councilor Mahaney. All ayes motion carried.

Resolution 2001- 74 Motion by Councilor Mullen and seconded by Councilor Tierney to move back into regular session at 9:40 PM. All ayes motion carried.

Motion by Councilor Mullen seconded by Councilor Tierney to close the regular meeting at 9:41 PM.

Respectfully submitted,

Theresa A. Cooper
Oswego Town Clerk
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