Town Board
Town of Oswego
Town Board Meeting Minutes
April 11, 2011
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 11, 2011 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: Victoria Mullen
Councilor: Tim DeSacia
Councilor: Greg Herrmann
Councilor: Margaret Mahaney
Councilor: Dan Shaver
Attorney to the Board: Stephen C. Greene
A moment of silence was held for Nate Williams who was a Minetto resident and recently passed away during a flight training exercise.

Town Clerk's Report: On April 6, 2011 the final payment to the County Treasurer was made in the amount of $1,476,916.72. There were 195 bills unpaid in this years tax season totaling $244,278.87. The March fees paid to the supervisor were $2233.05, total for the month $2510.10. I will be attending the annual NYS Town Clerk’s Association conference from May 1-4 in Buffalo, I received a $100.00 scholarship from the Oswego County Town Clerk’s Association to use for this conference. On March 22, 2011 a NYS Archives workshop was held at town hall with area town clerks in attendance from Monroe, Oswego and Lewis Counties. The workshop from 9-noon was on managing e-mail effectively.

Historians Report: Historian DeMass reported he attended the War of 1812 symposium this past weekend. Senator Ritchie office is compiling a book on the Medal of Honor recipients in her district. We were given glass negatives which are pictures of the town by Dan Scruton. There is still no date yet for the placement of the Dr. Walker statue. On April 12, 2011 marks the Sesquicentennial of the Civil War. On May 18th the historical society will be having it’s next meeting at 6 PM with guest speaker John Lamphere who will give a presentation on the Lincoln's Assassination.

Public Comment: A question was asked about the new fee schedule for the building permits and cemetery fees.

Supervisor's Report: On tonight's agenda the board will be renewing and updating the policies of the town of Oswego. I went over the procurement policy with the comptroller’s office; the changes in the policy are the amounts for bidding of capital projects.  General Municipal Law 103, which is our guidelines has increased, therefore a need to update the policy.

Also tonight we will review our Travel, Investment, and Workplace Violence policies; there are no changes to them. Although the town board had an unwritten policy for facility use, Mrs. Cooper reminded me we did not have one in writing in her office; I asked our attorney to prepare one and the town board had time to review it, that is also on our agenda tonight. These reviews should be done annually; I have added a note to the January tickler file as a reminder.

Sprinkler inspections for the town hall were completed in March by Fire Pro Technical Services and the they recommend to replace a ceiling tile in the mail room and repair the drain value on the sprinkler system air maintenance compressor . I will talk to Mr. Wilcox to look into it. (the tile has already been replaced)
 
The cemetery crew will begin cleaning up the cemetery grounds on Monday the 18th of April, and burials will begin in May. No lots were sold in March.

The 2011 Tentative Roll Sessions with the Assessors will be held May 3rd, 5th, 11th,  between the hours of 4-8:00 PM; and on Saturday the 14h of May between 9am and 1pm.

Grievance Day is Tuesday May 24, 2011, between 9 AM- Noon and again between 5 PM and 8 PM.  Remember to make an appointment with the Assessors office, 343-1871

Our Highway Department will begin their brush and leaf pickup on April 25th and it will continue every 2nd and 4th Monday’s monthly throughout the summer and fall; due to NYS DEC regulations our Highway department can not pick up large brush piles or stumps. If you have any questions please call Mr. Wilcox at 343-0937. Reminder there is no open burning at this time.

We are updating our fee schedule for our building permits, and for the cemetery.
Our Dog Control officer investigated 8 complaints in March.
 
Our justices have been awarded a Justice Court Assistance program grant in the amount of $12, 918.98 the grant will be used to build a storage closet, and fire resistant file cabinets system and a new photo copier. Congratulations!

I am setting up a meeting with our Retirees for enrollment into MVP Gold, May 3rd at 10am.
Affordable benefits and a representative from MVP gold will be here to answer all questions at this time. With our retirees away for the winter, this is our first opportunity to have the meeting. Skyrocketing health care costs have the town reassessing health care costs annually.
 
You may have read in the newspapers that the Historical Society had to postpone the dedication of the Dr Mary Walker Statue again.  No new date has been chosen at this time, I am sure one will be forthcoming and the event will be worth the wait.

LETS GET OUT AND ENJOY THE GORGEOUS WEATHER!

Resolution 2011-41 Be it resolved the Oswego Town Board approves the minutes from the March 14, 2011 town board meeting.
Moved by Councilor DeSacia, Councilor Shaver all ayes motion carried.

Resolution 2011-42 Be it resolved the Oswego Town Board approves the bills on abstract 4 as follows:
General Fund
Highway Fund
Franklin/Baylis Lighting District
Edgebrook Lighting District
Sleepy Hollow Sewer District
Ontario Heights Sewer District
$24,232.81
$16,655.03
$ 113.33
$ 67.65
$ 944.57
$ 307.55
v96-v134
v70-v85
v19
v20
v21,23,24
v22
Moved by Councilor Mahaney, second Councilor Herrmann all ayes motion carried.

Resolution 2011-43 Be it resolved the Oswego Town Board reappoints Greg Auleta to the Zoning Board of Appeals for a term to expire 2/2016.
Moved by Supervisor Mullen, second Councilor Herrmann all ayes motion carried.

Resolution 2011-44 Be it resolved the Oswego Town Board approves the use of the Town Hall on May 17, 2011 from Noon-9PM for the Oswego City School District’s Budget Vote and Board of Education Elections.
Moved by Councilor Mahaney, second Councilor Shaver all ayes motion carried.

Resolution 2011-45 Be it resolved the Oswego Town Board appoints the following part-time summer laborers for the Cemetery: Timothy Gibson, Nicholas Rossi, Steven Hill, and Brian Semione; and also appoints Brian Semione as summer clerical/laborer as needed.
Moved by Supervisor Mullen, second Councilor DeSacia all ayes motion carried.

Resolution 2011-46 Be it approves the Cemetery Fee Schedule (Attachment A).
Moved by Councilor Shaver, second Councilor Mahaney all ayes motion carried.

Resolution 2011-47 Be it resolved the Oswego Town Board approves the following policies:
Procurement Policy (Attachment B), Travel Policy (Attachment C), Investment Policy (Attachment D), Workplace Violence Policy (Attachment E), and Use of Facilities Policy (Attachment F).
Moved by Supervisor Mullen, second by Councilor DeSacia all ayes motion carried.

Resolution 2011-48 Be it resolved the Oswego Town Board approves the Building Permit Fee Schedule (Attachment G).
Moved by Councilor Herrmann, second Supervisor Mullen all ayes motion carried.

Resolution 2011-49 Be it resolved the Oswego Town Board congratulates Justice Jung and Justice Sterio on their recent Justice Court Assistance Program (JCAP) grant that includes; an additional storage room for the court by Bardan Construction in the amount of $5,390.00; two Fire King fire-resistant vertical cabinets to store records in the amount of $5,599.98; and one photocopier in the amount of $1,929.00; and further directs the Supervisor to contact Bardan Construction to begin the project.
Moved by Councilor Herrmann, second Supervisor Mullen all ayes motion carried.

Motion by Councilor Mahaney and second by Councilor Shaver to close the regular meeting at 7:20 PM all ayes motion carried.

Respectfully submitted,

Theresa A. Cooper, CMC
Oswego Town Clerk
Attachment A.
PROPOSED
OSWEGO TOWN RURAL CEMETERY
RATE SCHEDULE
LOT PRICES:
PER GRAVE $750.00 (includes perpetual care)
5% discount on 5 or more lots
10% discount on 10 or more lots
GRAVE OPENING FEES:
ADULT
$600.00
CREMATION $300.00
INFANT (3 FOOT LIMIT) $150.00
WEEKDAY OPENING 1:00 OR LATER – $200.00 ADDITIONAL
SATURDAY OPENING - $200.00 ADDITIONAL
FOUNDATION FEES:
$0.75 PER SQUARE SURFACE INCH
$225.00 – Veteran Marker Installation
RECORDING FEE: $50.00
Attachment B.
PROCUREMENT POLICY
TOWN OF OSWEGO
Section 104-b of the General Municipal Law (GML) requires every town to adopt internal policies and procedures governing all procurement of goods and services not subject to the bidding requirements of GML, Section 103 or any other law.

Guideline 1. Every prospective purchase of goods or services shall be evaluated to determine the applicability of GML, Section 103 which said section among other matters, states that all contracts for public work involving an expenditure of more than $35,000.00 and all purchase contracts involving an expenditure of more than $20,000.00 shall be awarded through the lowest responsible bidder…after advertisement for sealed bids. Every town officer, board, department head, or other personnel with the requisite purchasing authority (hereinafter “Purchaser”) shall estimate the cumulative amount of the items of supply or equipment needed in a given fiscal year. That estimate shall include the canvass of other town departments and past history to determine the likely yearly value of the commodity to be required. The information gathered and conclusions reached shall be documented and kept with the file or other documentation supporting the purchase activity.

Guideline 2. All purchases of a) supplies or equipment which will exceed $10,000.00 in the fiscal year or b) public works contracts over $35,000.00 shall be formally bid pursuant to GML, Section 103.

Guideline 3. All Estimated Purchases of:

a. Less than $10,000.00 but greater than $4,999.00 may be bid at the option of the town board, or in the alternative, shall require written and/or faxed quotes from at least three or more vendors where available.

b. Less than $5,000.00 but greater than $249.00, may be bid at the option of the town board, or the alternative, require an oral request for the goods and written and/or faxed quotes from two vendors where available.

All Estimated Public Works Contracts of:

c. Less than $35,000.00 but greater than $20,000.00, may be bid at the option of the town board, or in the alternative, shall require written and/or faxed proposals from three contractors where available.

d. Less than $20,000.00 but greater than $10,000.00, may be bid at the option of the town board, or in the alternative, shall require written and/or faxed proposals from three contractors where available.

e. Less than $10,000.00, may be bid or may require a written and/or faxed proposal from two contractors at the option of the town board.

Guideline 4. Any purchaser shall compile a list of all vendors from whom written, fax, or oral quotes have been requested and/or offered, and all information gathered and complying with the procedures of the Guideline shall be preserved and filed with the documentation supporting the subsequent purchase or public works contract.

Guideline 5. The lowest responsible proposal or quote shall be awarded the purchase or public works contract unless the purchaser whether town board or not, prepares a written justification and providing reasons why it is in the best interest of the town and its payers to make an award to other than the lowest bidder. If a bidder is not deemed responsible, facts supporting that judgment shall also be documented and filed with the record supporting the procurement, where available.

Guideline 6. A good faith effort shall be made to obtain the required number of proposals or quotations. If the purchaser is unable to obtain the required number of proposals or quotations, the purchaser shall document the attempt made at obtaining the proposals. In no event shall the inability to obtain the proposals or quotes be a bar to the procurement.

Guideline 7. Except when directed by the town board, no solicitation of written proposals or quotations shall be required under the following circumstances:

a. Acquisition of professional services;
b. Emergencies;
c. Sole source situations;
d. Goods purchased from agencies for the blind or severely handicapped;
e. Goods purchased from correction facilities;
f. Goods purchased from another governmental agency;
g. Goods purchased at auction; and
h. Goods purchased under state bid; goods purchased under County bid.

Guideline 8. Cumulative purchases of goods or services during a single transaction exceeding the applicable thresholds shall require approval prior to purchasing.

Guideline 9. This policy should be reviewed annually by the town board preferably at its organizational meeting or as soon thereafter as is reasonably practicable.

Reviewed 04/11/2011
Attachment C.
TRAVEL POLICY
TOWN OF OSWEGO
There are occasions when Town Officers and Employees are required to travel in the course of conducting Town business. Expenses associated with such travel are legal charges to the Town. Payment of, or reimbursement for payment of, such charges shall be approved upon the following conditions:

A. General Requirements
1. Requests for payment shall be made on the appropriate voucher form, and shall be properly authorized.
2. Expenses shall have been incurred as a direct result of conducting Town business.
3. An itemized accounting of expenses shall be provided.
4. An original receipt shall document payment or non-payment of taxes. The Town will not pay any taxes from which it is exempt.

B. Room and Board
1. The Town of Oswego will not reimburse Officers and Employees for the purchase of alcoholic beverages. Such charges should be clearly identified and deducted from any bill.
2. Tipping shall be limited to no more than 20% of the charges before taxes would be applied.
3. The Town of Oswego will not reimburse Officers or Employees for the cost of room service, in-room movies, health club privileges, nor for any other hotel charges not included in the cost of room occupancy.
4. Food and non-alcoholic beverage costs may be reimbursed when the cost is incurred during a period of travel for Town purposes, or when associated with meetings, workshops, or other sessions conducted or attended for legitimate Town purposes, such costs to be in line with NYS regulations identifying per diem rates which can be found at New York State Office of the State Comptroller.

C. Mileage
1. Mileage costs are reimbursable at the rate per mile permitted in the IRS regulations at the time of travel. Vouchers claiming mileage must be submitted within 45 days of the date of travel. (For the purposes of this provision, travel which concludes more than 24 hours after it begins shall have the date of return as the “travel date”).
2. The Oswego Town Board does not consider claims for travel from an employee’s residence to a fixed employment site to be legitimate Town charges.

Reviewed 04/11/2011
Attachment D.
INVESTMENT POLICIES AND GUIDELINES OF
THE TOWN OF OSWEGO, NEW YORK
The objectives of the Investment Policy of the Town of Oswego are to minimize risk; to insure that investments mature when the cash is required to finance operations; and to insure a competitive rate of return. In accordance with this policy, the Supervisor is hereby authorized to invest all funds including proceeds of obligations and reserve funds in:

Certificates of Deposit issued by a bank or trust company authorized to do business in New York State;

Time Deposit Accounts in a bank or trust company authorized to do business in New York State;

Obligations of New York State;

Obligations of the United States Government;

In Repurchase Agreements involving the purchase and sale of direct obligations of the United States.

All funds except Reserve Funds may be invested in:
Obligations of agencies of the federal government if principal and interest is guaranteed by the United States.

With the approval of the State Comptroller, in Revenue Anticipation Notes or Tax Anticipation Notes of other local governments.

Only reserve funds may be invested in:
Obligations of the Local Government.

All other Town of Oswego officials receiving money in their official capacity must deposit such funds in negotiable order of withdrawal accounts.

All investments made pursuant to this investment policy shall comply with the following conditions:

1. COLLATERAL
a. Certificates of deposit shall be fully secured by insurance of the Federal Deposit Insurance Corporation or by obligations of New York State or Obligations of the United States or obligations of federal agencies the principal or interest of which are guaranteed by the United States, or obligations of New York State local governments. Collateral shall be delivered to the Town of Oswego or a Custodial Bank with which the Town of Oswego has entered into a Custodial Agreement.

It is therefore, the policy of the Town of Oswego, to require written contracts as follows:
a. Written contracts shall be required for all Repurchase Agreements. Only credit worthy banks and primary reporting dealers shall be qualified to enter into a Repurchase Agreement with the Local Government. The written contract shall provide that only obligations of the United States may be purchased, and the Town of Oswego shall make payment upon delivery of the securities or appropriate book-entry of the purchased securities. No specific repurchase agreement shall be entered into unless a master repurchase agreement has been executed between the Town of Oswego and the trading partners. While the term of the master repurchase agreement may be for a reasonable length of time, a specificrepurchase agreement shall not exceed thirty (30) days.

b. Written contracts shall be required for the purchase of all certificates of deposit.

c. A written contract shall be required with the Custodial Bank.

4. DESIGNATION OF CUSTODIAL BANK

1. Custodial Bank. The Trust Bank Company chartered by the State of New
York, and JP Morgan Chase Bank are designated to act as Custodial Banks of the Town of Oswego investments. However, securities may not be purchased through a Repurchase Agreement with the Custodial Bank.

5. FINANCIAL STRENGTH OF INSTITUTIONS
All trading partners must be credit worthy. Their financial statements must be reviewed at least annually by the Chief Fiscal Officer to determine satisfactory financial strength or the chief fiscal officer may use credit rating agencies to determine credit worthiness of trading partners. Concentration of investments in financial institutions should be avoided. The general rule is not to place more than $500,000.00 in overnight investments with any one institution.

Investments in time deposits and certificates of deposit are to be made with banks or trust companies. Their annual reports must be reviewed by the Supervisor to determine satisfactory financial strength.

When purchasing eligible securities the seller shall be required to deliver the securities to our Custodial Bank or Town Supervisor.

Repurchase agreements shall be entered into only with banks or trust companies or registered and primary reporting dealers in government securities. Sound credit judgments must be made with respect to trading partners in repurchase agreements. It is not assumed that inclusion on a list of the Federal Reserve is automatically adequate evidence of credit worthiness.

Repurchase agreements should not be entered into with undercapitalized trading firms.

A margin of 5% or higher of the market value of purchased securities in repurchase agreements must be maintained.

6. OPERATIONS, AUDIT AND REPORTING

The Supervisor or the deputy Supervisor shall authorize the purchase and sale of all securities and execute contracts for Repurchase Agreements and certificates of deposit on behalf of the Town of Oswego. Oral directions concerning the purchase or sale of securities shall be confirmed in writing. The Town of Oswego shall pay for purchased securities upon the delivery or book-entry thereof.

The Town of Oswego will encourage the purchase and sale of securities and certificates of deposit through a competitive or negotiated process involving 4 telephone solicitations of at least two bids for each transaction.

At the time independent auditors conduct the annual audit of the accounts and financial affairs of the Town Government, the independent auditors shall audit the investments of the town for compliance with the provisions of these investment Guidelines.

Within sixty (60) days of the end of each of the first three quarters of the fiscal year, the Supervisor shall prepare and submit to the Town Board of the Town a quarterly investment report which indicate new investments, the inventory of existing investments, and such other matters as the Supervisor deems appropriate.

Within 120 days of the end of the fiscal year, the Supervisor shall prepare and submit to the Town Board an annual investment report; recommendations for change in these Investment Guidelines; copy of the results of the annual independent audit; the investment income record; a list of total fees, commissions or other charges, if any, paid to the Custodial Bank and such other matters as the Supervisor deems appropriate.

The Town Board of the Town of Oswego shall review and approve the annual investment report at its organizational meeting or the first meeting in January.

Reviewed 04/11/2011
Attachment E.
Town of Oswego
Workplace Violence Prevention Policy
and Incident Reporting
It is the Town of Oswego policy to promote a safe environment for its employees. The Town is committed to working with its employees to maintain a work environment free from violence, threats of violence, harassment, intimidation, and other disruptive behavior. Disruptive behavior at one time or another will affect every agency.

Violence, threats, harassment, intimidation and other disruptive behavior in our workplace will not be tolerated; that is, all reports of incidents will be taken seriously and will be dealt with appropriately. Such behavior can include oral or written statements, gestures, or expressions that communicate a direct or indirect threat of physical harm.

Individuals who commit such acts may be removed from the premises and may be subject to disciplinary action, criminal penalties, or both.

We need your cooperation to implement this policy effectively and maintain a safe working environment. Do not ignore violent, threatening, harassing, intimidating, or other disruptive behavior. If you observe or experience such behavior by anyone on Town premises, whether he or she is a Town employee or not, report it immediately to your department head or the Town Supervisor. Department heads or the Town Supervisor who receive such reports should advise the Town Board regarding investigating the incident and initiating appropriate action. Threats or assaults that require immediate attention should be reported to the New York State Police or Oswego County Sheriff’s Department.

We will support all efforts made by Department Heads or the Town Supervisor in dealing with violent, threatening, harassing, intimidating or other disruptive behavior in our workplace and will monitor whether this policy is being implemented effectively.

Designated contact person for all Highway employees is the Highway Superintendent.
Office 315-343-0937
Cell 315-591-0973

Designated contact person for all other Town of Oswego employees is the Town Supervisor.
Office 315-343-2424
Cell 315-591-3673

This policy is to be distributed to all town employees and a signed confirmation statement collected by each department head. Signed confirmation statements are to be stored in employees’ personnel file. A copy of this policy shall be posted in each town workplace.

Policy reviewed by the Town Board of the Town of Oswego on 04/11/2011.
Attachment F.
FACILITY USE REQUIREMENTS
FOR
THE TOWN OF OSWEGO, NEW YORK
TOWN HALL MEETING ROOM
2320 County Route 7
Oswego, New York 13126
The use of the meeting room, kitchen facilities or other areas at THE TOWN OF OSWEGO, NEW YORK, TOWN HALL MEETING ROOM may be made by organizations or groups open to membership by all residents of the Town of Oswego, New York, for non-profit making, community purposes only subject to the approval and compliance with rules established by the Town Board of the Town of Oswego, New York.

1. Such organizations or groups wishing to use the meeting room facilities shall first apply to the Supervisor on the prescribed form. Use of the facility requires the written approval of the Supervisor.

2. Sale or consumption of alcoholic beverages or presence of apparently intoxicated person(s) on the premises is strictly forbidden.

3. Compliance with all posted rules is required.

4. Profanity, objectionable language, disorderly acts or illegal activities of any kind are absolutely prohibited. Those found in violation will be ejected from the premises.

5. Any damage to municipal facilities shall be promptly repaired at the user’s expense.

6. Before leaving, user must make sure the facility is cleaned up. Chairs and tables are to be returned to their original positions. All windows are to be closed, doors locked and lights turned off. All generated trash must be removed by permit holder.

7. Permits may be revoked at any time.

8. Any user organization or group which includes or is accompanied by youth under 18 years of age requires the presence of adequate adult supervision at all times.

9. The deposit for the meeting room use is $100.00, payable before use begins. Meeting room use deposit may be waived by special authorized approval as the Supervisor shall deem appropriate, so long as same is not prohibited by law.

10. All meetings and activities conducted on the premises shall be open to residents of the Town of Oswego, New York.

Facility Use Policy and Application (.pdf, 20 kb)
Attachment G.
BUILDING PERMIT FEES
Effective 2011

Building permit application $10.00
One / Two family dwellings & additions $.15/sq.ft.
Multiple dwellings & additions $.20/sq.ft.
Commercial /Industrial Structures & additions $.25/sq.ft.
Alterations & Repair work up to $2500. minimum fee $25.00
One percent (1%) fee for work over $2500.
Renovation Fee $100.00
Regulatory Compliant Fee $100.00
Inspection for compliance pre 1-1-84 $25.00
Manufactured Homes & Mobile Homes
Not on a basement
$90.00
With a basement $125.00
Accessory Building Sheds/Pole barns/unattached garages/decks
Up to 144 sq. ft.
$40.00
145 sq. ft. and up an additional $.08 sq. ft.
Swimming Pool $35.00
Public Hearing – Planning and / or Zoning $200.00
Demolition Permit $35.00
Wood Stove/Chimney installation/inspection $35.00
Fence Permit $30.00
Fire Works Display $25.00
Commercial Truss Construction $50.00
Wind Conversion Systems windmills) $1.00/pr. Ft.
Including blades
Be it further resolved that Building Permits expire one-year (1) after the date of issue. Be it further resolved that building permits may be renewed one time only, for a fee equal to 50 % of the original fee, provided renewal occurs within 60 days of expiration.

By order of the Oswego Town Board amended 04/2011
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