Town of Oswego - Town Board Meeting Minutes - April 12, 2010

Town Board

Town of Oswego
Town Board Meeting Minutes
April 12, 2010

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 12, 2010 at town hall.

Deputy Supervisor Tim DeSacia opened the meeting at 7:00 PM with the Pledge of Allegiance. Roll call was taken with the following members present:

Supervisor: Victoria Mullen, excused
Councilor: Tim DeSacia
Councilor: Greg Herrmann
Councilor: Margaret Mahaney
Councilor: Dan Shaver
Attorney to the Board: Stephen C. Greene

Town Clerk’s Report: no report

Supervisor's Report: no report

Pubic Comment: Bob Dexter spoke against the resolution for the right a way for Fred Haynes Blvd. Tom Dunsmoor questioned the permit fee for a pole barn he received, this building would be agricultural and is there a different fee. Amanda Kapling asked about a tree planting in our town for SAF (Service to Aid Families), they would plant a red maple in town and give the town a plaque. George DeMass gave a report on the Hannibal Bi-centennial, the upcoming Historical Society meetings and craft show.

Resolution 2010-39 Be it resolved the Oswego Town Board opens the public hearing at 7:05 PM to hear all interested parties for or against Section 4 of Local Law 2-2008, the wind energy conversion system to consider elimination of the bonding requirement set forth therein for homeowner use.
Moved by Councilor DeSacia, second Councilor Shaver all ayes motion carried.

Public Comment: Jason Livesey asked if this change would affect homeowners.

Resolution 2010-40 Be it resolved the Oswego Town Board closes the public hearing at 7:07 PM.
Moved by Councilor DeSacia, second Councilor Herrmann all ayes motion carried.

Resolution 2010-41 Be it resolved the Oswego Town Board approves the minutes form the March 8, 2010 town board meeting.
Moved by Councilor Shaver, second Councilor Mahaney all ayes motion carried.

Resolution 2010-42 Be it resolved the Oswego Town Board approves a budget modification to create expenditure account A1110.42 for the Justice Court grant in the amount of $2,898.05.
Moved by Councilor DeSacia, second Councilor Herrmann all ayes motion carried.

Resolution 2010-43 Be it resolved the Oswego Town Board approves the bills on abstract #4 as follows:

General Fund
Highway Fund
Franklin/Baylis Lighting
Edgebrook Lighting District
Sleepy Hollow Sewer
Ontario Heights Sewer District

$33,183.31
$19,146.86
$ 110.88
$ 66.17
$ 883.35
$ 316.70

v80-99
v70-89
v13
v14
v15,17,18
v16

Moved by Councilor DeSacia, second Councilor Shaver all ayes motion carried.

Resolution 2010-44 Be it resolved the Oswego Town Board hires the following cemetery workers to work as needed, beginning April 26, 2010: Nicholas Rossi $7.40 per hour, Timothy Gibson $7.25 per hour and Steven Hill $7.25 per hour.
Moved by Councilor Shaver, second Councilor Mahaney all ayes motion carried.

Resolution 2010-45 Be it resolved the Oswego Town Board authorizes the Town Board Member Daniel Shaver, doing business as DM Shaver Sales & Service to continue to do business with the Town of Oswego with services to the town not to exceed $750.00 annually, which follows the guidelines in General Municipal Law - 800-803.
Moved by Councilor DeSacia, second Councilor Herrmann.
DeSacia, Mahaney, Herrmann aye, Shaver abstain

Resolution 2010-46 Be it resolved the Oswego Town Board approves the memorandum of Understanding for reimbursement of town expenses (attachment A).
Moved by Councilor DeSacia, second Councilor Mahaney all ayes motion carried.

Resolution 2010-47 Be it resolved the Oswego Town Board, following, following public hearing duly held on March 8, 2010, hereby grants a right-of-way to be located within the public space of Fred Haynes Boulevard in the Town of Oswego, New York, to Oswego Mobile Associates, its successor or assigns, c/o Sermar Management LLC, for installation of a sewage disposal line, said line to be installed, in accordance with all applicable governmental rules and regulatory standards, and located as set forth in the written plans for same, said sewer line to be installed and maintained solely at the expense of the said grantee, with grounds, tress, plantings and roadbed thereafter restored thereby. This resolution is subject to any rights to permissive referendum as may be required by the Laws of the State of New York.
Moved by Councilor DeSacia, second Councilor Herrmann all ayes motion carried.

Respectfully submitted,

Theresa A. Cooper, CMC
Oswego Town Clerk

Attachment A

MEMORANDUM OF UNDERSTANDING
FOR
REIMBURSEMENT OF TOWN EXPENSES

This Memorandum of Understanding is executed as of the __ day of March, 2010, by and between the Town of Oswego, New York (the “Town”) with an address at Oswego Town Hall, 2320 County Route 7, Oswego, New York 13126 and United Development Corp. (the “Developer”) with an address at 300 Jordan Road, Troy, New York 12180.

WHEREAS, the Developer has proposed to develop, finance and construct a student housing project (the “Project”) on a ±21 acre parcel located at 2733 County Route 7 in the Town of Oswego; and

WHEREAS, the Project will require the construction of an onsite Waste Water Treatment Plant (the “WWTP”).

WHEREAS, the Laws of the State of New York require the services of a professional engineering firm in connection with the due diligence, investigation and planning associated with the application for municipal approvals for the Project (the “Municipal Approvals”); and

WHEREAS, if such application is approved, the Town will require the services of a professional engineering firm in connection with the oversight and monitoring of the construction of the Project (the “Project Oversight”); and

WHEREAS, the Town has approved the appointment of the engineering firm Barton & Loguidice to provide professional services in connection with the planning, due diligence, engineering and oversight for the WWTP, Municipal Approvals and Project Oversight (the “Engineer”); and

WHEREAS, the Town is willing to expend such time and money as necessary to facilitate the Developer’s due diligence and investigation prior to undertaking the Project, provided that the Town is held harmless and /or reimbursed for any and all costs related thereto; and

WHEREAS, the Developer is willing to enter into an agreement to reimburse the Town or otherwise hold the Town harmless from such expenses

NOW, THEREFORE, IT IS THE UNDERSTANDING OF THE PARTIES THAT:

1. The Town shall retain and contract with the Engineer to assist and support the Town with the Municipal Approvals, Sewer District Improvements and Project Oversight (the “Work”) for contract amount that shall be mutually agreed by the Town and the Developer.

2. The professional fees associated with the Work shall be billed to the Town, which bills shall be provided by the Town to the Developer as a matter of record. The Developer agrees that it will pay said bills within fifteen (30) business days after receipt thereof from the Town.

3. The Developer shall also be responsible for paying any amounts necessary and required by the Town relative to the legal defense of any Article 78 proceedings commenced against the Town and/or Town Planning Board in connection with the Developer’s application thereto, dated March 2, 2010 (the “Litigation”). The professional fees associated with the Litigation shall be billed to the Town, which bills shall be provided by the Town to the Developer as a matter of record. The Developer will pay said bills within fifteen (30) business days after receipt thereof from the Town.

4. The Town and the Developer will enter into further and more detailed agreements covering the terms set forth above, as and when required by circumstances and third parties involved with the Project.

WHEREFORE, the parties hereto have executed this Agreement as of the date first written above.

UNITED DEVELOPMENT CORP.By _____________________________________
Michael J. Uccellini, President

TOWN OF OSWEGO
_______________________________________
Victoria Mullen, Supervisor

For good and valuable consideration, Barton and Loguidice shall seek payment for above services solely from United Development Corp. and agrees to indemnify the Town of Oswego against such expenses.

BARTON AND LOGUIDICE

DATED: _________________________ BY ________________________________