April 13, 2009
Town Board Minutes

Oswego Town Hall

Supervisor: Victoria M. Mullen
Town Board Members: Tim DeSacia, Greg Herrmann,
Margaret Mahaney, Daniel Shaver
Attorney to the Board: Stephen C. Greene, Sr.
The meeting of the Oswego Town Board was held on April 13, 2009 at town hall. Supervisor Mullen opened the meeting 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, excused
Margaret Mahaney
Dan Shaver
Stephen C. Greene, absent
Resolution 2009- 31 Be it resolved the Oswego Town Board opens the public hearing at 7:05 PM to hear all interested parties for or against proposed Local Law 1-2009 the Zoning Law for the Town of Oswego.
Moved by Supervisor Mullen, second Councilor Shaver, all ayes motion carried.

Public Comment:

Bob Natoli is against the new zoning law for various reasons, why are we doing this and it looks like city zoning.

Fran Dellamano suggested some corrections and changes. He would like to know why the area between Co. Rt. 7 and Furniss Station Rd and Ridge Rd. is R-4 and not R-T?

Attorney Kevin Caraccioli responded to questions regarding lot size and septic system changes.

Greg Auletta explained the map and zoning districts.

Resolution 2009- 32 Be it resolved the Oswego Town Board closes the public hearing at 8:00 PM on proposed Local Law 1-2009.
Moved by Councilor DeSacia, second Councilor Mahaney, all ayes motion carried.

Town Clerk Report: On April 9, 2009 the final tax payment of $1,527,383.94 was paid to the County Treasurer, on April 13, 2009 the following was paid to the Supervisor to close out the tax accounts; Jan. Feb. Mar. bank interest $2069.43, Penalties $4056.36, 2nd Notice fees $394.00, Petty Cash $250.00. March fees paid to the Supervisor were $1,149.43, total for the month $1416.10. The Historical Society will have a meeting April 15th, 6:30 pm at town hall.

Supervisor's Report: The Town Board had a meeting with members of the Town of Minetto Board to start a conversation on shared services. The town boards are scheduled to meet again in Minetto on the 27th of April to continue our conversations.

Sleepy Hollow Sewage plant was inspected by the DEC a few weeks ago. The town received a satisfactory grade for the plant. There are a few issues that need attention. There are two manholes that need to be repaired and a sewer line that may need to be replaced. We have an estimate coming in for the repairs and will address the issues.

I have a meeting with Environmental Facilities Corp. on April 22nd to discuss the Federal Stimulus to see what funding, if any, is available to the town for a joint sewer project with the Town of Minetto.

I met today with The United Group. They are moving forward on their student housing project on County Route 7. The hold up has been getting approval from the City of Oswego to treat their sewage. The project is still a go; either the United Group will gain access to the City sewage treatment plant or they will put in their own package plant. I have asked the United Group to try one more time with the City since the city taxpayers need revenue for the massive expansion of the plant that has been talked about.

Tonight on the agenda are agreements with the Town of Scriba for shared Highway Service as well as one for Dog Control.

Also on the agenda is the agreement to spend Town Highway funds for repair and improvements to the Town of Oswego roads. This year the Superintendent will make improvements to Lake Shore Road, Tug Hill Road, and the Byer Road.

The Oswego Town Rural Cemetery will open on April 27th.

The Town Highway Dept. will begin bi-weekly brush pick up shortly, there will be a notice published in the Palladium Times with starting and ending dates.

Our Dog Control officer had only 2 complaints in March.

The board has a proposal to finish the restroom and office at the Cemetery offices.

Should it meet their approval we will take a vote at our next meeting.

The fire hydrant that was approved by the board for County Route 89 should be installed within the next few weeks.

We have been informed that Evergreen Hills Golf Course has submitted a renewal request to the NY State Liquor Authority.

The Oswego Center Methodist Church has requested closing the parking area next to the church for a few days while trusses are set for their new roof. The contractor will drop off a certificate of insurance prior to this work being completed.

Our Code Enforcement Officer will be going in for surgery; we wish him a speedy recovery.

Resolution 2009- 33 Be it resolved the Oswego Town Board approves the minutes from the March 9, 2009 Town Board meeting.
Moved by Councilor Shaver, second Councilor DeSacia all ayes motion carried.

Resolution 2009- 34 Be it resolved the Oswego Town Board approves the following budget modification for the Snow Plow Lease;
from DA5130.2 to DA9785.6 for $34,373 and to DA9785.7 for $7647.00, total $42,019.00
Moved by Councilor DeSacia, second Supervisor Mullen all ayes motion carried.

Resolution 2009- 35 Be it resolved the Oswego Town Board approves the following budget modification to increase appropriations for the rollover of the Justice Court Grant (JCAP) received in December 2008 and into the 2009 budget year;
from A599 appropriated fund balance to A11104.4 Justice contractual for $2600.00.
Moved by Supervisor Mullen, second Councilor DeSacia all ayes motion carried.

Resolution 2009- 36 Be it resolved the Oswego Town Board approves the bills on abstract #4 as follows:
General Fund
Highway Fund
Franklin/Baylis Lighting
Edgebrook Lighting
Sleepy Hollow Sewer District
Ontario Heights Sewer District
$28,565.43
$30,848.58
$ 106.51
$ 63.59
$ 887.76
$ 304.37
v88-128
v58-77
v14
v15
v16,18,19
v 17
Moved by Councilor Mahaney, second Councilor Shaver all ayes motion carried.

Resolution 2009- 37 Be it resolved the Oswego Town Board sets the salary for Noreen Ruttan, Secretary for Zoning and Planning to $12.50 per hour.
Moved by Supervisor Mullen, second Councilor Mahaney all ayes motion carried.

Resolution 2009- 38 Be it resolved the Oswego Town Board accepts the highway agreement from the Superintendent of Highway Mark Wilcox.
Moved by Councilor DeSacia, second Councilor Shaver all ayes motion carried.

Resolution 2009- 39 Be it resolved the Oswego Town Board directs the Supervisor to sign the Municipal Highway Agreement with the Town of Scriba per attachment A.
Moved by Supervisor Mullen, second Councilor DeSacia all ayes motion carried.

Resolution 2009- 40 Be it resolved the Oswego Town Board directs the Supervisor to sign the Municipal Dog Control Agreement with the Town of Scriba per attachment B.
Moved by Supervisor Mullen, second Councilor DeSacia all ayes motion carried.

Resolution 2009- 41 Be it resolved the Oswego Town Board directs the Supervisor to send a letter to the Town of Scriba in support of their efforts to re-submit an application to the New York Office for Community Renewal for funding to develop a senior center.
Moved by Supervisor Mullen, second Councilor Mahaney all ayes motion carried.

Resolution 2009- 42 Resolution of the Town Board of Town of Oswego, Oswego County, New York in Opposition to changing the Town Clerk, Receiver of Taxes and Superintendent of Highways positions from positions from elected to appointed.
WHEREAS, the Offices of Town Clerk, Receiver of Taxes and Superintendent of Highway in New York State are elective offices pursuant to Section 20 of Town Law of the State of New York, and
WHEREAS, legislation has been introduced in the New York State Legislature, Senate bill 56-A and Assembly Bill A.156, which has been included in the Budget Bill under Part NN, Sections 26-28, amending Town Law to permit towns to make the offices of Town Clerk, Receiver of Taxes and Highway Superintendent appointive positions subject only to a permissive referendum rather than a mandatory referendum, and
WHEREAS, Municipal Home Rule Law §23(2) (e) already provides that a town may adopt a local law changing the office of Town Clerk, Receiver of Taxes and Superintendent of Highways from elected to appointed positions, with said law requiring a mandatory referendum, thereby allowing all of the voting residents of the Town of Oswego their very important right to vote for or against such a proposal before any change could occur, and
WHEREAS, there would be no financial benefit or savings to the Town in making these changes from elective to appointive offices, and
WHEREAS, the election process helps to maintain the independent nature of the Town Clerk, Receiver of Taxes and Highway Superintendent’s offices and creates additional checks and balances in local government.
NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Oswego, Oswego County, New York does hereby go on record as opposing any change in the existing New York State Statutes, specifically Senate bill 56-A and Assembly Bill A.156, which have been included in the Budget Bill under Part NN, Sections 26-28, providing for a change in the positions of Town Clerk, Receiver of Taxes and Highway Superintendent in the Towns of New York State from an elected to an appointed position through the process of a permissive referendum, there by avoiding a mandatory referendum taking away the very important rights of the electorate in Town of Oswego to vote on this matter before a change can occur, and
BE IT FURTHER, RESOLVED that a copy of the Resolution be transmitted to the Governor, the Attorney General, The Senate Majority Leader, the Speaker of the Assembly, the Majority Leader of the Assembly, the Minority Leader of the Senate, the Minority Leader of the Assembly, and the Chairpersons for the Senate and Assembly Local Government Committees, Senator Darrel J. Aubertine 48th Senatorial District, Assemblyman Robert C. Oakes 128th Assembly District.
Moved by Councilor Mahaney, second Supervisor Mullen. All ayes motion carried.

Resolution 2009- 43 Motion by Supervisor Mullen, second by Councilor DeSacia to add an item to the agenda. all ayes motion carried.

Resolution 2009- 44 Be it resolved the Oswego Town Board sets the salary for Mike Soucy, cemetery employee to $9.00 per hour.
Moved by Supervisor Mullen, second Councilor DeSacia all ayes motion carried.

Resolution 2009- 45 Motion by Supervisor Mullen, second by Councilor DeSacia to move into executive session at 8:15 PM to discuss a personnel and legal matter all ayes motion carried.

Resolution 2009- 46 Motion by Councilor Mahaney, second Councilor DeSacia to resume the regular meeting at 8:25 PM all ayes motion carried.
Motion by Councilor Mahaney, second Supervisor Mullen to close the meeting at 8:26 PM. all ayes motion carried.

Respectfully submitted,

Theresa A. Cooper, CMC/RMC
Oswego Town Clerk
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