July 8, 2002
Town Board Minutes

Southwest Community Center
Supervisor: Victoria M. Mullen
Town Board Members: Tim DeSacia, Margaret Mahaney,
Richard Pratt, Barbara Tierney
A public hearing was held on July 8, 2002 at the Southwest Community Center at 6:30 PM to hear comment for or against the town highway equipment and repair facility, with office and facilities for the Highway Superintendent and staff. Supervisor Mullen opened with the Pledge of Allegiance and a moment of silence for former employee Rick Pitcher. Roll call was taken with the following members present:
Supervisor
Councilor
Councilor
Councilor
Councilor
Attorney to the Board
Victoria Mullen
Tim DeSacia
Margaret Mahaney
Richard Pratt
Barbara Tierney
Stephen C. Greene
Resolution 2002- 97 Be it resolved that the Oswego Town Board opens the public hearing for the purpose to consider public need and finance method for the new Town highway equipment storage and repair facility, with office and facilities for the Highway Superintendent and staff. Moved by Supervisor Mullen and seconded by Councilor Pratt.

Supervisor Mullen had a power point presentation of the current highway building and then asked the public for comments.

The following residents were in favor of a new facility, Samantha Ditzler, Olin Pritchard and Barry Pritchard. No one spoke against the proposal.

Resolution 2002-98 Be it resolved that the Oswego Town Board closes the public hearing at 6:45 PM. Moved by Supervisor Mullen and seconded by Councilor Mahaney. All ayes motion carried.

The regular meeting of the Oswego Town Board was opened at 7:00 PM at the Southwest Community Center, July 8, 2002.

Town Clerk's Report: Payment to the Supervisor for June fees were $1,179.88, the total for June $1,582.00. The Historical Society and Recreation Committee will be hosting an ice cream social Tuesday July 9 in the Town Park at 6:30 PM, music by Hannibal Community Band. Big numbers need to be placed on your house or garage for emergency identification.

Supervisor's Report: There are a few things that I would like to report on tonight.

On the agenda tonight you will see a resolution to hold a public hearing on the consolidation of the water districts in our town. I have been working on this project for several months. I have met with the Onondaga County Water Authority to learn about our system. After these meetings it became clear to me that our town has no outstanding indebtedness or liabilities, and none are anticipated. Since we do not have any debt in these water districts it is time to consolidate them and become one.

The consolidation of these districts will promote efficient management. We will no longer need to keep books for each individual district, which will streamline the process and lower the cost of bookkeeping, thus saving the taxpayers dollars.

Since the water districts have no outstanding debt there is no reason to keep such large balances in the accounts. The money that has accumulated should be used to pay the hydrant fees that town residents currently pay. With the elimination of those hydrant fees you will see a decrease in your tax bill for several years, which at the current rate should be approximately 10 years.

I have a copy of the Infiltration / Flow Study Report for Sleepy Hollow. If anyone would like to see it, please feel free to call Town Hall and make an appointment or if you wish to have a copy for yourself, it is $.25 per page. Mr. Pratt and I will be meeting with Barton & Loguidice again on July 10th at 10 a.m. to review the operation of the pumps and the system. After we receive a report from them, we will follow up with a meeting with the Sleepy Hollow residents.

The State Comptroller recently sent an accountant in to review the Sleepy Hollow capital project fund. As of 12/29/2000 the balance in this fund was $53,593.72.

I also expect to receive $12,500, which is a portion of the grant from 1998 that had expired in September 2001. I was able to get an extension on it until August 2002.

I had hoped to be forgiven the $10,000 fine from the DEC regarding Sleepy Hollow since this Town Board has taken a pro-active approach. Unfortunately we were forced to either pay the fine or be charged $1,000 per day.

The town can no longer stick its head in the sand and think that if you deny that a problem exists it will just go away. As we have seen with the Sleepy Hollow situation, the problem only gets worse. It is necessary to follow through and re-visit problems that arise.

You may have noticed in our local newspaper that our town has recently been selected to receive a $50,000 grant towards a new town highway garage. In a letter I received from State Senator Jim Wright he writes, "The information that you provided me concerning your organization's efforts lead me to render my support for your project and subsequently secure state assistance." We are thankful for Senator Wright's dedication to the Town of Oswego and I hope that he didn't find my many phone calls and emails to be a nuisance, but my daddy taught me that the squeaky wheel gets the oil - and I guess father knows best!

On tonight's agenda we are accepting the resignation of Mrs. Barbara Tierney. We do this with regret and we thank her for her years of service to the people in the Town of Oswego. I would like to make it perfectly clear that her resignation is effective July 31, 2002 and she is a member of the Oswego Town Board until that time. If there is anyone interested in filling her position until the end of this year, please send me a letter of interest.

I received a letter from the Department of Labor on June 17th. They have forgiven our penalty for Failure to File a Quarterly Return from the first quarter of 2001.

Mrs. Mahaney's meeting for the Revamped Zoning Committee will be held July 16th, 7:00 p.m. at Town Hall.

There may be some town residents in the audience tonight with concerns regarding the Ontario Heights Sewer rate increase. I would like to inform you that as of this date I have not signed the agreement with the City of Oswego. If you have concerns or questions regarding any of the information that you received from my office, and would like to view the documentation, please call my office to schedule an appointment. This documentation will support all of the information that I have shared with you thus far.

Public Comment:Residents had comments and concerns regarding agenda expense items that are added, was dog census finished, highway bid has board made a decision? When will the resident's be notified of the Sleepy Hollow audit, and when water districts are consolidated will it be fair to all the residents. What is the hydrant problem on Brown Drive, tree seedlings have been planted and were approved by the DEC for the new highway garage site.

Resolution 2002- 99 Be it resolved that the Oswego Town Board approves the minutes from June 10, 2002 town board meeting. Moved by Councilor Tierney and seconded by Councilor DeSacia. All ayes motion carried.

Resolution 2002- 100 Be it resolved that the Oswego Town Board approves the bills on abstract #7.
General Fund
Highway Fund

Franklin/Baylis Lighting

Sleepy Hollow Sewer District

Ontario Heights Sewer District

Capital Project

$11,194.23
9,165.80
155.50
10,303.10
503.26
24,041.01
v 250-291
v 83-99

v 10-11

v 12-14

v 6-7

v 1-2
Moved by Councilor Pratt and seconded by Councilor Mahaney. All ayes motion carried.

Resolution 2002-101 Be it resolved that the Oswego Town Board directs the Supervisor to request OCWA to evaluate the need for hydrants on Brown Drive. Moved by Supervisor Mullen and seconded by Councilor Tierney. All ayes motion carried.

Resolution 2002- 102 Be it resolved that the Oswego Town Board hires John Damiano Licensed Land Surveyor to survey the Oswego Town Rural Cemetery, the survey includes mapping of boundaries, buildings, roadways and staking, at a cost not to exceed $1,000.00. Moved by Supervisor Mullen and seconded by Councilor Pratt. All ayes motion carried.

Resolution 2002- 103 Be it resolved that the Oswego Town Board moves the following:

Whereas, there exist eight (8) separate water districts in the Town of Oswego New York, to-wit: the Fruit Valley Water District; the Southwest Oswego Water District; the Oswego Center Water District; the Washington Boulevard Water District; the Lake Road Water District; the West Fifth Street Road Water District, the Ontario Heights Water District; and the Oswego Town Comprehensive Water District; and

Whereas, none of said districts has outstanding indebtedness or liabilities, nor is any liability or indebtedness of any one or more of such districts reasonably anticipated; and Whereas, the property of such districts to be so consolidated should inure to the consolidated district; and

Whereas, the consolidation of such districts will promote the efficient management thereof; and

Whereas, a motion for such consolidation may be adopted by this Board only following a public hearing, pursuant to 206 of the Town Law of the State of New York, Now, therefore, be it Resolved, that a public hearing, as required by the Town Law of the State of New York, be held at the Southwest Community Center, St. Rt. 104 of Oswego, New York, as 7:15 PM on August 12, 2002, at which all interested persons in attendance, will be heard in reference to this subject matter concerning same.

Motion by Supervisor Mullen and seconded by Councilor Pratt. All ayes motion carried.

Resolution 2002- 104 Motion by Supervisor Mullen and seconded by Councilor Tierney to add to the agenda. All ayes motion carried.

Resolution 2002- 105 Resolution of the Town Board of the Town of Oswego authorizing issuance and sale of serial bonds for the construction of a new town highway equipment storage and repair facility, with offices for the Highway Superintendent and staff. Moved by Councilor Tierney and seconded by Councilor Mahaney.

At a meeting of the Town Board of the Town of Oswego, New York, held at the Town Hall in said Town in the County of Oswego and State of New York, on the 8th day of July, 2002, at 7:00 p.m., there were:

PRESENT: Supervisor Victoria Mullen; Councilperson Barbara Tierney; Councilperson Timothy DeSacia; Councilperson Margaret Mahaney; and Councilperson Richard Pratt. Councilperson Barbara Tierney offered the following Resolution and moved its adoption:

WHEREAS, a public hearing was held on the 8th day of July, 2002, at 6:30 p.m. at the Community Center, Route 104, Town of Oswego, New York, after due notice as required by law, to hear all interested persons and parties in reference to the proposed new Town highway equipment storage and repair facility, with offices for the Highway Superintendent and staff, to be erected upon premises now owned by the Town of Oswego, at a cost not to exceed Five Hundred and Fifty Thousand Dollars ($550,000.00); and

WHEREAS, after due deliberation by this Board, it has been determined that it is in the public interest to effect the construction of such improvements; and

WHEREAS, such improvements proposed consist of a 12,000 +/- square foot facility, more particularly described in the plan of said proposed facility on file and available for inspection in the Office of the Town Clerk of the Town of Oswego, New York; and

WHEREAS, it is hereby determined that the period of probable usefulness of the aforesaid object or purpose is 20 years, pursuant to subdivision 11 (b) of paragraph a of 11.00 of the New York State Local Finance Law; and

WHEREAS, the best and most fiscally prudent method of paying for same would be the issuance of Serial Bonds pursuant to 35 et seq. of the Local Finance Law of the State of New York, in an amount not to exceed $550,000.00; it is further determined that the maximum maturity of said Serial Bonds herein authorized will not exceed 20 years; and

WHEREAS, the faith and credit of said Town is hereby irrevocably pledged to the payment of the principal of and interest on such bonds as the same, respectively, become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest upon such bonds becoming due and payable in such year. There shall annually be levied upon all the taxable real property in said Town a tax sufficient to pay the principal of and interest upon such bonds as the same become due and payable; and

WHEREAS, the costs of said improvements, principal and interest upon said bonds shall be paid by the owners of the various real estate parcels and improvements located within the boundaries of the Town, on the basis of benefit to each real estate parcel and improvement located within the boundaries of the Town of Oswego, New York;

THEREFORE, BE IT RESOLVED AND DETERMINED, that the erection of the proposed new Town highway equipment storage and repair facility, with offices for the Highway Superintendent and staff, upon premises now owned by the Town of Oswego is hereby authorized and permitted upon the terms and conditions hereinabove set forth, subject to the provisions of the Local Finance Law; and

BE IT FURTHER RESOLVED AND DETERMINED, that the power to authorize the issuance of Serial Bonds not to exceed $550,000.00, including the renewal(s) of notes as deemed necessary by the Supervisor, the Chief Fiscal Officer of the Town of Oswego, be granted and authorized in form(s) and content(s) prescribed by said Supervisor, consistent with the provisions of the Local Finance Law of the State of New York, and subject to the approval of the Comptroller of the State of New York and such other officials of the State of New York whose approval the laws of the State of New York shall require; and

BE IT FURTHER RESOLVED AND DETERMINED, that the Town Clerk shall post and publish this Resolution, which is specifically subject to a permissive referendum as defined by the Town Law of the State of New York, which said publication and posting shall constitute notice of the adoption of this Resolution and which Resolution shall become effective, and be deemed finally adopted, ten (10) days from the date of publication of same in the official newspaper of said Town.

The validity of such bonds may be contested only if:

a. Such bonds are authorized for an object or purpose for which said Town is not authorized to expend money, or
b. 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 publication, or
c. Such bonds are authorized in violation of the provisions of the Constitution. Seconded and duly put to a vote, which resulted as follows:

(Aye) Victoria Mullen Supervisor
(Aye) Barbara Tierney Councilperson
(Aye) Timothy DeSacia Councilperson
(Aye) Margaret Mahaney Councilperson
(Aye) Richard Pratt Councilperson

Resolution 2002- 106 Be it resolved that the Oswego Town Board accepts with regret the resignation of Mrs. Barbara Tierney effective July 31, 2002. Be it further resolved the Board thanks Mrs. Tierney for her dedicated service to the Town of Oswego. Moved by Supervisor Mullen and seconded by Councilor Pratt. All ayes motion carried.

The regular meeting of the Oswego Town Board was adjourned at 7:40 PM, Motion by Councilor Mahaney and seconded by Supervisor Mullen. All ayes motion carried.

Respectfully submitted,

Theresa A. Cooper, RMC
Oswego Town Clerk
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