Town of Oswego
Town Board Meeting Minutes
March 14, 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 March 14, 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:
Town Clerk's Report: Taxes collected to date $2,560,813.81, 202 second tax notice bills were mailed today. Total outstanding $386,410.03. Warrant payment to the supervisor were made on 2/18/11 fro $243, 444,00 which was for fire department, also $75,000.00 was paid to the County Treasurer. On February 28, 2011 the following amounts were paid to the supervisor $1,700 lighting district 1, $1,000 lighting district 2, $29,400 sewer district 1, $50,000., sewer district 2, and $22,645.40 for unpaid sewer. I spoke with Phil Church the County Administrator and he said the county is still working on the spay/neuter program, they haven’t forgot this request. The monthly town clerk fees paid to the supervisor were $619.20 and a total of $719.00 for the month.
Supervisor's Report: Recently I attended the New York State Association of Towns training school and Annual Business meeting. There were several guest speakers including Senator Charles Schumer, and State Comptroller Tom DeNapoli. They seemed to have the same theme, speaking on the economy and the future of our State. Comptroller DeNapoli assured the members that NY State Retirement is solvent, even with all the bad news about other state’s retirements.
Senator Schumer spoke about the state of economy, which is not very bright. He did ask the group if we hear of any developers that may inquire about locating in our towns, to give his office a call so he could help with perspective investors in our community, no matter how small the project.
On Sunday the first day of the conference I was able to attend an informational hearing on the proposed resolutions that would be voted on at the Annual Business Meeting. I have included for the Town Board the resolutions that were in front of the General Membership and the outcome of each.
Jeff Haber the President of the Association talked at length about Home Rule and our need to protect and strengthen it. Conversations on Mandate Relief, (one very new one handed to the town by the State is Dog Licensing. There was much discussion on the property tax cap that is in front of the Legislature and how devastating that may be to small towns like ours, questions came up about whether Capital expenses would be removed from the levy when considering an increase in the tax rates. For our town our buildings are Capital Expenses. Should they be separated out of the equations? This is one of the questions that need to be ironed out. I attended classes on Shared Services, Block Grants, Environmental Funding Opportunities, Multi year capital planning, Multi year Financial Planning and Heath Care Reform, as well as Employee Insurance Programs. In the NY State Retirement reporting class, it was suggested that all town officials, appointed or elected who are members of the New York State Retirement System submit time sheets like all other employees to avoid the need for yearly time keeping logs. I will ask the board to consider this and have a policy.
I also attended a question and answer session with the Association of towns attorneys, a class on Ordnances and Local Laws, and the Open Meetings and Freedom of Information class. I thank the town board for this opportunity and honor to be the delegate from the Town of Oswego.
On tonight’s agenda we have a public hearing on renewing our franchise agreement with Time Warner Cable. Also a highway agreement with our HW superintendent to spend funds on road repairs, he intends to resurface Barker and Ridge roads this summer.
I would like to congratulate Justice Sterio who has accepted an invitation to serve as Oswego County representative on the Fifth Judicial District Town and Village Courts Advisory Committee.
There will be a Rabies Clinic in Scriba on 03/30/11 from 6-8pm and Parish 04/13/11 from 6-8 pm. Our Dog Control Officer investigated 5 complaints in February.
I would like to publicly thank our Highway Department for their dedication to the Town of Oswego and the many hours they spent away from their own families to keep our road open and safe over this long winter season.
And most importantly tonight we have Mr. Robert Cronk, who is the Town Board’s designee for our Home Town Hero Award, for his heroic efforts to save a town resident Jim Hull from a burning building.
Public Comment: Historian George DeMass reported that he attended the James Lee exhibit at the H Lee White Museum which was well attended. James Lee was a Medal of Honor recipient and is buried in Rural Cemetery. The next meeting of the historical society will be this Saturday, March 19th at 10 am. Justin White will be the presenter and his topic is the Oswego Alms House aka the Poor House.
Resolution 2011-30 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 Time Warner Cable Franchise Fee Agreement.
Moved by Councilor Mahaney, second Councilor Shaver all ayes motion carried.
Public Comment: No comments on the Time Warner agreement.
Resolution 2011-31 Be it resolved the Oswego Town Board closes the public hearing at 7:06 PM.
Moved by Councilor Herrmann, second Supervisor Mullen all ayes motion carried.
Resolution 2011-32 Be it resolved the Oswego Town Board approves the minutes form the February 14, 2011 town board meeting.
Moved by Councilor Mahaney, second Councilor DeSacia all ayes motion carried.
Resolution 2011-33 Be it resolved the Oswego Town Board approves the bills on Abstract 3 as follows:
Resolution 2011-34 Be it resolved the Oswego Town Board bestows the Home Town Hero Award upon Robert Cronk, and reads as follows:
Whereas, on January 10th, 2011, at approximately 12:00pm, Robert Cronk was passing by the residence of James Hull on County Route 7 in the Town of Oswego when he noticed smoke coming from the house; and
Whereas, upon making this discovery, Mr. Cronk stopped his vehicle, got out and went to investigate further; and
Whereas, Mr. Cronk heard moaning coming from inside the residence; and despite large amounts of smoke, Mr. Cronk entered the residence and assisted the home owner in getting out of the house and away from the fire.
Now, Therefore be it
RESOLVED, that the Town Board of the Town of Oswego, New York, hereby recognizes Robert Cronk’s heroism by designating him a Home Town Hero and by causing a duly executed copy of this resolution to be presented to him as a certificate of such recognition.
Moved by Supervisor Mullen, second Councilor Herrmann all ayes motion carried.
Resolution 2011-35 Be it resolved the Oswego Town Board directs the supervisor to sign the 2011 Tec Check Service Agreement with Koester Associates for the Ontario Heights Pumping Station.
Moved by Councilor Herrmann, second Councilor DeSacia all ayes motion carried.
Resolution 2011-36 Be it resolved the Oswego Town Board directs the supervisor to contract with Rich Lawn Service for 2011 lawn maintenance.
Moved by Councilor Shaver, second Councilor DeSacia all ayes motion carried.
Resolution 2011-37 Be it resolved the Oswego Town Board directs the supervisor to sign the Highway Agreement with the Superintendent of Highways. (Attachment A).
Moved by Supervisor Mullen, second Councilor Mahaney all ayes motion carried.
Resolution 2011-38 Be it resolved the Oswego Town Board refunds to Steve Csapo the $200.00 application fee for zoning use variance which was withdrawn.
Moved by Supervisor Mullen, second Councilor DeSacia all ayes motion carried.
Resolution 2011-39 Be it resolved the Oswego Town Board approves the $2.00 late notice fee for dog licensing.
Moved by Councilor Mahaney, second Supervisor Mullen, all ayes motion carried.
Resolution 2011-40 Be it resolved the Oswego Town Board signs the Time Warner Franchise Agreement which reads as follows:
State of New York, Town of Oswego, County of Oswego
In the matter of the renewal of the Cable television Franchise Held by TIME WARNER ENTERTAINMENT-ADVANCE/NEWHOUSE PARTNERSHIP in the Town of Oswego, Oswego County, New York
An application has been duly made to the Board of the Town of Oswego, County of Oswego, New York, by TIME WARNER ENTERTAINMENT-ADVANCE/NEWHOUSE PARTNERSHIP (“Time Warner”), a partnership organized under the laws of the State of New York doing business at 120 Plaza Drive, Suite D, Vestal, New York 13850, and holder of a cable television franchise in the Town of Oswego for the approval of an agreement to renew Time Warner’s cable television franchise for an additional fifteen (15) years commencing with the date of approval by the Public Service Commission. __________,_____. The Franchise Renewal Agreement would bring the franchise into conformity with certain provisions of the Federal Cable Communications Policy Act of 1984, as amended and certain court rulings.
A public hearing was held in the Town of Oswego, New York on March 14, 2011 at 7:05 PM and notice of the hearing was published in the Palladium Times on March 3, 2011.
NOW, THEREFORE, the Board of the Town of Oswego finds that:
1. Time Warner has substantially complied with the material terms and conditions of its existing franchise and with applicable law; and
2. The quality of the Time Warner service, including signal quality, response to customer complaints and billing practices has been in light of community needs; and
3. Time Warner has the financial, legal and technical ability to provide these services, facilities and equipment as set forth in its proposal attached; and
4. Time Warner can reasonably meet the future cable-related community needs and interests, taking into account the cost of meeting such needs and interest
BE IT FURTHER RESOLVED that the Board of the Town of Oswego hereby renews the cable television franchise of Time Warner in the Town of Oswego for fifteen (15) years commencing with the date of approval by the Public Service Commission and expiring fifteen (15) years hence.
BE IT FURTHER RESOLVED that the Board of the Town of Oswego hereby confirms that this Franchise Renewal Agreement replaces the original franchise last amended on ___________
The foregoing having received a yes vote was thereby declared adopted. March 14, 2011
Theresa A. Cooper, CMC
Oswego Town Clerk