November 3, 2004
Town Board Minutes

Oswego Town Hall

Supervisor: Victoria M. Mullen
Town Board Members: Tim DeSacia, Margaret Mahaney,
Carol Pritchard, Greg Herrmann
The regular meeting of the Oswego Town Board was held on November 3, 2004 at the Oswego Town Hall. Supervisor Mullen called the meeting to order at 7:00 PM with the Pledge of Allegiance. Roll call was taken with the following members present:
Supervisor
Councilor
Councilor
Councilor
Councilor
Attorney to the Board
Victoria Mullen
Tim DeSacia

Greg Herrmann

Margaret Mahaney

Carol Pritchard
Stephen C. Greene
Town Clerk’s Report: None

Supervisor's Report: My Budget officer Rick Hogan and I continue to strive to operate the town as efficiently as possible. There are some factors that are beyond our control; such as New York State retirement payments, employee health insurance, and utility costs.

Although our tax levy remains the second lowest in the county, and below the 1998 rate, we will be forced to make a small increase in our highway budget of .60 cents per one thousand dollars of assessed value. The only way to avoid this raise would be to decrease manpower in our highway department; or not repair our roads. I believe that we have the finest roads in the county, and that the safety of our citizens is our highest priority. Therefore I felt that a reduction in workforce or cutting road repair was not an option, keeping our roads in good condition is less expensive than replacing them. With a 17 percent increase in health care insurance for our full time employees I believe they will understand why there are no salary increases in this budget. In fact there are no raises for anyone who draws a salary from the town of Oswego.

We have been able to hold the line on the town side of the ledger. With the expected increase in county sales tax revenue we will continue to replace our time worn infrastructure without raising town taxes. We need to complete these replacements and pay for them, before the end of the Metropolitan Water Board pilot agreement, in about 10 years. The total appropriation for the town of Oswego in ‘05 is $1,695,740.00. Town tax is stable at 44 cents a thousand of assessed value and Highway tax is $2.25 for a total of $2.69.

Resolution 2004-103 Be it resolved that the Oswego Town Board opens the public hearing at 7:05 PM to hear all interested parties for or against the land use map that was submitted by the Planning Board which completes the comprehensive plan. Moved by Councilor Pritchard, seconded by Councilor Mahaney. All ayes motion carried. The Town Clerk read the legal notice from the Pall-Times.

Town Resident and Planning Board member Barry Pritchard explained that this map is not to be confused with the zoning map.

Town Resident Tammy Anderson asked if the conservation zone could be separated? Can we separate flood zone and wet land area? If the board adopts this map tonight can any changes be made later?

Legislator Doug Malone asked if we could change an area on 104 from this map for a zoning change?

Resident Charles Woodworth ask if the resident’s could hold the board to this, that the comprehensive map won’t become the zoning map?

Resolution 2004-104 Be it resolved that the Oswego Town Board the Oswego Town Board closes the public hearing on the land use map which completes the comprehensive plan at 7:17 PM. All ayes motion carried.

Resolution 2004-105 Be it resolved that the Oswego Town Board opens the public hearing at 7:19 PM to hear all interested parties for or against the 2005 preliminary budget. Moved by Councilor Pritchard, seconded by Councilor DeSacia. All ayes motion carried. The Town Clerk read the legal notice from the Palladium Times.

Town Resident Dave White stated all employees should be getting a raise, they do a good job for the town.

Legislator Malone asked about the fund balance, and is there any other way to keep from raising the taxes .60 per thousand? Will the town resident’s be getting any more services with this tax increase? He also asked if the town could cut back on paving to save some money? He is against a tax rate increase.

Highway Superintendent Leon Carter stated that the town had cut back the amount of roads that are paved.

Town Resident Barry Pritchard stated he didn't think town residents should be looking for more services.

Town Resident Marie Schadt spoke against this budget and the increase.

Town Resident Dave White said don’t take money out of fund balance. He said the budget was ok.

Resolution 2004-106 Be it resolved that the Oswego Town Board closes the public hearing on the 2005 preliminary budget at 7:40 PM. Moved by Councilor Pritchard, seconded by Councilor DeSacia. All ayes motion carried.

Resolution 2004-107 Be it resolved that the Oswego Town Board opens the public hearing at 7:42 PM to hear all interested parties for or against the proposed Local Law 2-2004 to implement a $10.00 court cost surcharge on all Vehicle and Traffic violations in the Town of Oswego. Moved by Councilor Mahaney, seconded by Councilor Herrmann. All ayes motion carried. The town clerk read the following: Proposed Local Law 2-2004, a local law to provide for imposition of a surcharge pursuant to Section 1809-D of the New York Vehicle and Traffic Law.

Section 1-Title: This local law shall be know as Local Law 2 of 2004 imposing a surcharge pursuant to Vehicle & Traffic Law Section 1809-D.

Section 2-Purpose: The purpose of this local law is to impose a local surcharge on convictions rendered in the Town Justice Court pursuant to the enabling authority of section 1809-D of the Vehicle and Traffic Law, as added by Chapter 56 of the Laws of 2004.

Section 3-Local Surcharge for Traffic Violations: For convictions rendered in the Town of Oswego Justice Court for violations committed between the effective date of this local law and September 1, 2005, which convictions are subject to a mandatory surcharge imposed pursuant to 1809 of the Vehicle and Traffic Law, there shall be an additional surcharge of ten dollars ($10.00) per violation.

Section 4-Payment to Clerk of court; Disposition of surcharge: The surcharge authorized by subdivision one of this section shall be paid to the clerk of the court that rendered the conviction. Within the first ten days of the month next succeeding the collection of such surcharge, the court shall pay the surcharge upon application to the chief fiscal officer of the town, which imposed such surcharge. Such chief fiscal officer shall require such proof as is necessary in order to determine whether a refund is required by law.

Section 5-Refunds: Any person who has paid a surcharge authorized by this section which is ultimately determined not to be required by this section shall be entitled to a refund of such surcharge upon application to the chief fiscal officer of the town which imposed such surcharge. Such chief fiscal officer shall require such proof as is necessary in order to determine whether a refund is required by law.

Section 6-Effective date: This local law shall take effect immediately upon filing with the Secretary of State.

Town Resident Marie Schadt asked why can’t we charge for all violations?

Resolution 2004-108 Be it resolved that the Oswego Town Board closes the public hearing on Proposed Local Law 2-2004 at 7:47 PM. Moved by Supervisor Mullen, seconded by Councilor Pritchard. All ayes motion carried.

Resolution 2004-109 Be it resolved that the Oswego Town Board approves the minutes of the October 18, 2004 town board meeting. Moved by Councilor Mahaney, seconded by Councilor Pritchard. All ayes motion carried.

Resolution 2004-110 Be it resolved that the Oswego Town Board approves the bills on abstract 11. Moved by Councilor DeSacia, seconded by Councilor Mahaney.
General Fund
Highway Fund
Capital Project
Franklin/Baylis Lighting
Edgebrook Lighting
Sleepy Hollow Sewer District
Ontario Heights Sewer District
SWF/Hydrants
$16718.37
17450.94
22713.00
97.12
57.19
3094.63
526.00
23431.40
v409-441
v166-179
v3-2J
v11
v11
v37-42
v19
v1
Resolution 2004-111 Be it resolved that the Oswego Town Board adopts the land use map that was submitted by the Planning Board which completes the comprehensive plan with delineation of the conservation area if possible. Moved by Councilor Pritchard, seconded by Councilor Herrmann.

Resolution 2004-112 Be it resolved that the Oswego Town Board adopts the 2005 preliminary budget. Moved by Supervisor Mullen, seconded by Councilor Herrmann. All ayes motion carried.

Resolution 2004-113 Be it resolved that the Oswego Town Board approves Proposed Local Law 2-2004 which takes effect after filing with the Secretary of State. Moved by Councilor Pritchard, seconded by Councilor Mahaney. All ayes motion carried.

Resolution 2004-114 Be it resolved that the Oswego Town Board moves into executive session for the purpose of discussing the highway contract negotiations at 7:57 PM. No further business will be transacted after this session.

Moved by Supervisor Mullen, seconded by Councilor DeSacia. All ayes motion carried.

Resolution 2004- 115 Be it resolved that the Oswego Town Board resumes the regular meeting of the Oswego Town Board at 8:25 PM. Moved by Councilor Mahaney, seconded by Councilor Pritchard. All ayes motion carried.

Motion by Councilor Mahaney, seconded by Councilor Pritchard to close the regular meeting at 8:26 PM. All ayes motion carried.

Respectfully submitted,


Theresa A. Cooper, RMC
Oswego Town Clerk
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