ORGANIZATIONAL MEETING 2010 JANUARY 4, 2010
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1 ORGANIZATIONAL MEETING 2010 JANUARY 4, 2010 At the 2010 Organizational Meeting of the Town Board of the Town of DeWitt, Onondaga County, New York, held at the Town of DeWitt Town Building, 5400 Butternut Drive, DeWitt, New York in said Town on the 4 th day of January, 2010, commencing at 7:00 p.m.: The meeting was called to order by Edward Michalenko, Supervisor, and upon roll being called the following were: PRESENT: Supervisor Michalenko, Councilors Albanese, Andrews, Baker, Mannion, Schultz and Scruton ABSENT: ALSO PRESENT: Highway Superintendent Maxwell, Town Attorney Scicchitano, Engineer Kolceski, Development and Operations Commissioner Robb, Water Department Superintendent Reynolds, Comptroller Curulla, Planning Board Attorney Sutphen, Planning Board Chairman Lazar, Parks and Acting Assistant Director of Recreation Morocco. Motion by Councilor Scruton, seconded by Councilor Baker. RESOLVED, that the regular Town Board Meeting be held the second Monday of each month and the recessed meeting the fourth Monday of each month at 7:30 p.m. at the DeWitt Town Building or at an alternate location to be determined by the Town Board. Motion by Councilor Baker, seconded by Councilor Scruton. RESOLVED, that the DeWitt Times and the Syracuse Post Standard be designated as the official Town Newspapers. Motion by Councilor Baker, seconded by Councilor Albanese. RESOLVED, that the following banks be designated as the official depositories for all Town and Special District moneys: New York Cooperative Liquid Assets Security System (NYCLASS) JPMorgan Chase Bank, N.A. Bank of America M & T Bank First Niagara 1
2 Key Bank HSBC Councilor Mannion is appointed Deputy Supervisor of the Town of Dewitt. Motion by Councilor Andrews, seconded by Councilor Baker. RESOLVED, that Joyce A. Lansing, Michelle Smith, and Jeannine Tartaro are appointed as Deputy Town Clerks and that their duties shall consist of all duties of the Town Clerk. Motion by Councilor Schultz, seconded by Councilor Albanese. RESOLVED, that Councilor Andrews is appointed the delegate and Councilor Scruton the alternate delegate to the annual Association of Towns Meeting. Councilor Andrews requested that the Town Board authorize the attendance of the new Town Justice, Robert Jokl, for training at the Association of Towns Meeting. The members of the Town Board discussed the issue of how many town officials should be sent to the Association of Towns Meetings. Points considered included: the types of seminars offered by the Association; which officials would most benefit; the availability of other training opportunities; the need for those attending to bring back ideas and information for all to share; and the cost to the town for each individual sent. RESOLVED, to authorize the attendance of three Town officials at the Association of Towns Meeting in New York City on February 14, 2010 through February 17, 2010, and that the following expenses be paid by the Town for each official attending: the conference registration fee, hotel accommodations for one person at the conference rate (maximum of three nights), the per diem as authorized by the IRS for a maximum of three days, and the reimbursement of transportation costs for travel to and from New York City up to a maximum of $ Adopted 5 Ayes 2 Nays Baker, Michalenko Motion by Councilor Andrews, seconded by Councilor Mannion. RESOLVED, that the following appointments be made: John Curulla Richard T. Robb William Goode Special Districts Budget Officer Coordinator for Compliance for Americans with Disabilities Act Special Police Officer (part-time) 2
3 William Cummings Joseph Longden Sharon Fikes Diane Hausemann David Spoor School Traffic Officer (part-time) School Traffic Officer (part-time) School Traffic Officer (part-time) Dog Control Officer (part-time, on-call) Dog Control Officer (part-time, on-call) The issue of appointing a Town Attorney was introduced. Councilor Andrews stated his preference for having the Zoning Board of Appeals attorney handle all justice court prosecutions. A lengthy discussion followed. Issues considered included: cost to the town; the duties of the Town Attorney pursuant to the Town Code; which assignment of duties would give the greatest ease of interface with the Supervisor and the different town departments; the fact that the Zoning Board attorney would be knowledgeable about the underlying town code which forms the basis for most such prosecutions; tracking of prosecutions; and accountability. Motion by Supervisor Michalenko, seconded by Councilor Scruton. RESOLVED, that Gregory Scicchitano is hereby appointed Town Attorney for the Town of Dewitt. Adopted 6 Ayes 1 Nay - Albanese Motion by Councilor Andrews, seconded by Councilor Schultz. RESOLVED, that the following shall constitute the committees of the Town Board of DeWitt for 2009: Budget Review; Information Technology; Business Advisory; Safety and Insurance; Personnel and Facilities; Engineering, Seniors and Disabilities Advisory; Sustainability; PBA Negotiation Team. RESOLVED, to appoint Effe O Hara to a term on the Town of DeWitt Zoning Board of Appeals Councilor Baker stated that she did not know the qualifications of Ms. O Hara. Adopted 4 Ayes 2 Nays Mannion, Michalenko 1 Abstain - Baker Motion by Councilor Andrews, seconded by Councilor Schultz. RESOLVED, to appoint Rosemary Chappell to fill the unexpired term of Robert Jokl on the Town of Dewitt Zoning Board of Appeals
4 Councilor Mannion objected to filling vacancies on the various town boards with individuals who are currently committee members for the Dewitt Republican Party. A discussion followed. Issues addressed included: the appearance of favoritism; whether or not such appointments fostered transparency in town government; politicization of town government; and the qualifications of the individuals being appointed. Adopted 6 Ayes 1 Nay - Mannion Motion by Supervisor Michalenko, seconded by Councilor Andrews. RESOLVED, to appoint Kenneth Alweis to a term as an alternate on the Town of DeWitt Zoning Board of Appeals Motion by Supervisor Michalenko, seconded by Councilor Andrews. RESOLVED, to appoint Dan Brown as an alternate on the Town of DeWitt Planning Board Motion by Councilor Albanese, seconded by Councilor Schultz. RESOLVED, to appoint MaryAnne Gillson to a term on the Town of DeWitt Planning Board Adapted 7 Ayes RESOLVED, to appoint Gregory Lieberman to serve the unexpired term of Richard Alquist on the Town of Dewitt Planning Board Motion by Councilor Scruton, seconded by Councilor Andrews. RESOLVED, to appoint Margaret Salano to a term on the Town of DeWitt Recreation Commission Motion by Councilor Baker, seconded by Councilor Scruton. RESOLVED, that the following individuals are hereby appointed to a term on the DeWitt Advisory Conservation Committee 2011: Arthur Eschner Alana Kanfer Joseph Chiarenza, Jr. 4
5 Anne Stevens Martha Lowe Adopted 7Ayes Motion by Andrews, seconded by Councilor Baker. RESOLVED, that the following appointments to the Police Commission be made 2010: Chairperson, Police Commission Police Commission Member Police Commission Member Secretary Kenneth Andrews Irene Scruton Vicki Baker Joseph Simonetta John Duncan Lawrence Rice Parker Stone Daniel French Joseph Mehlek Armond Scipione Eugene Conway Motion by Andrews, seconded by Councilor Baker. RESOLVED, that Gregory Scicchitano is hereby appointed Counsel to the Police Commission. Motion by Councilor Andrews, seconded by Councilor Scruton. RESOLVED, that the Dog Redemption Fee assessed pursuant to Section of the Code of the Town of DeWitt is hereby set at $ per dog, plus such additional veterinary and medical costs as may be charged by the SPCA. Motion by Councilor Baker, seconded by Councilor Schultz. RESOLVED, that the Town Board hereby authorizes the assessment of the maximum fee allowed by state law for dishonored checks presented to the Town of DeWitt. RESOLVED, upon the recommendation of Development and Operations Commissioner Robb, to issue licenses for the operation of the following trailer parks: Foland s Trailer Park (Hometown Communities, Inc., Lyndon Trailer Park (Duffy s), Cliffside Trailer Park (Fifth Garden Park Ltd.) and Dougherty s Trailer Park. 5
6 A short discussion followed concerning Foland s Trailer Park. Issues addressed included: code violations at the trailer park; improvements to the trailer park; the implications of not licensing the facility; and the responsibilities of the town. It was determined by consensus that Foland s should be billed for the 2009 license and fees. Adopted 6 Ayes 1 Abstain - Baker Motion by Councilor Andrews, seconded by Councilor Baker. RESOLVED, to appoint Barbara Klim to the position of Clerk of the Zoning Board of Appeals. Motion by Councilor Andrews, seconded by Councilor Schultz. RESOLVED, that the Town Comptroller be authorized to pay the annual membership dues to the New York State Association of Towns. Adopted 7Ayes Motion by Councilor Scruton, seconded by Councilor Albanese. RESOLVED, that the Supervisor is authorized to sign contracts with the DeWitt Community Library Association and with the East Syracuse Free Library Association for their respective budgeted amounts as set forth in the 2010 Budget. Motion by Councilor Schultz, seconded by Councilor Scruton. RESOLVED, that the Supervisor is hereby authorized to sign a contract for emergency medical services with E.A.V.E.S. for the budgeted amount set forth in the 2010 Budget. Motion by Councilor Schultz, seconded by Councilor Albanese. RESOLVED, that the Supervisor is hereby authorized to sign the contract with the Village of East Syracuse for fire protection for the budgeted amount set forth in the 2010 Budget. Motion by Councilor Scruton, seconded by Councilor Albanese RESOLVED, that the Supervisor is authorized to sign a contract with Jamie Sutphen, naming her as Attorney for the Planning Board. 6
7 The issue of the appointment of a Zoning Board Attorney was introduced. Councilor Andrews again stated his preference for having the ZBA attorney handle justice court matters. A discussion followed. Issues addressed included those previously noted when the Town Attorney was appointed. Additionally, Supervisor Michalenko stated that attorney billings during 2009 were approximately one-third of the total amount billed during 2008 and stated his preference for retaining the 2009 Zoning Board Attorney due to the lower cost. Councilor Andrews noted that in 2008 the workload for Attorney Doerr had been larger than the workload in Councilor Baker requested that a quarterly report of activity and billings be given the Town Board whichever attorney was appointed. RESOLVED, that the Supervisor is authorized to sign a contract with Donald Doerr as Attorney for the Zoning Board of Appeals, for a sum not-to-exceed $15,000 for the year 2010; and it is further RESOLVED, that the Supervisor is authorized to sign a contract with Donald Doerr as prosecutor for the town for code violations and other justice court matters. Adopted 4 Ayes 3 Nays Michalenko, Baker, Mannion RESOLVED, that the Supervisor is authorized to sign the 2010 contract for engineering services with O Brien & Gere, Inc., naming Michael Kolceski as Engineer for the town. Motion by Councilor Andrews, seconded by Councilor Mannion. RESOLVED, to approve the agreement with Dig Safely New York (UFPO) for the service year 2010 at no cost to the Town. Motion by Councilor Andrews, seconded by Councilor Scruton. RESOLVED, upon the recommendation of the Personnel Committee, the Supervisor is authorized to enter into a contract with Yost, Inc., for Employee Assistance Program services at an annual cost not to exceed $2,
8 RESOLVED, upon the request of Barbara Klim, Town Clerk and Tax Collector, to authorize her attendance at the Onondaga County Town Clerk s meetings and the Onondaga County Receiver of Taxes meetings at an annual maximum cost of $ to cover dues, mileage and meal costs. Motion by Councilor Andrews, seconded by Councilor Mannion. RESOLVED, upon the request of Richard T. Robb, Commissioner of Development and Operations, to authorize him and/or his representative to attend at the New York State Building Officials Conference monthly meetings at an annual maximum cost of $ to cover meal costs. Motion by Councilor Scruton, seconded by Councilor Baker. RESOLVED, to approve the blanket undertaking bond covering all Town employees as required by Section 25 of the Town Law; and it is further RESOLVED, that Town Justices are specifically covered under said Blanket Undertaking, as required by Public Officers Law Section 11(2). Motion by Councilor Andrews, seconded by Councilor Baker. RESOLVED, that the Supervisor is authorized to file with the Town Clerk a copy of the Annual Financial Report to the State Comptroller in lieu of preparing a separate Annual Financial Report and the Town Clerk is authorized to publish a summary thereof on or before May 1, 2010, in accordance with Section 29 of the Town Law. Motion by Councilor Baker, seconded by Councilor Scruton. RESOLVED, in accordance with Section 124 of the Town Law, that the Town Comptroller is designated the Accounting Officer of the Town and is directed to perform all functions set forth in said Section 124. Motion by Councilor Scruton, seconded by Councilor Baker. RESOLVED, pursuant to the provisions of Section 284 of the Highway Law, we agree that moneys levied and collected for the repair and improvement of highways and received from the State for the repair and improvement of highways shall be expended as follows: GENERAL REPAIRS: The sum of $1,874,503 may be expended for general repairs upon approximately miles of Town Highway, including sluices, 8
9 culverts and bridges having a span of less than five feet and boardwalks or the renewals thereof. No moneys set aside for such improvements shall be expended, nor shall any work be undertaken on such improvements, until the County Superintendent, if required, approves the plans, specifications and estimates for such construction. This agreement shall take effect when it is approved by the County Superintendent of Highways, if required. Motion by Councilor Baker, seconded by Councilor Scruton. RESOLVED, to authorize the Supervisor to sign the NYSDOT Highway Work Permit for general maintenance of Town utilities within state road rights-of-way. Motion by Councilor Baker, seconded by Councilor Scruton. RESOLVED, to authorize the payment of compensation for the Board of Assessment Review in the following amounts: Organizational Meeting, $20.00, and when they sit as the Board of Assessment Review, $20.00 per hour. Motion by Councilor Andrews, seconded by Councilor Mannion. RESOLVED, that Richard Robb is hereby appointed the Commissioner of Development and Operations Motion by Supervisor Michalenko, seconded by Councilor Andrews. RESOLVED, that Richard Coughlin is hereby appointed to a term on the Board of Assessment Review 9/30/2014. Motion by Councilor Mannion, seconded by Councilor Scruton. RESOLVED, to adopt as the standard rate of reimbursement for mileage, the standard mileage allowance established by the Internal Revenue Service for Motion by Councilor Andrews, seconded by Baker. RESOLVED, that the salaries of the elected officials, Town Officers and non-union employees are set as follows: 9
10 OFFICE Councilor (each) Town Attorney: $ 11,310.00/Yr. $48,927.00/Yr. Justice Department Town Justices: Jokl $ 33,150.00/Yr. Gideon $ 38,142.00/Yr. Clerk to Town Justice: Sickmon $ /Hr. May $ /Hr. Special Police Officers (part-time) Goode $ 65.00/shift Supervisor Supervisor: Michalenko Bookkeeper to the Supervisor Redmond Deputy Supervisor: $ 35,568.00/Yr. $ 50,192.00/Yr. $ 1,500.00/Yr. Comptroller Comptroller: Curulla $ 64,482.00/Yr. Clerk Rahrle $ /Hr. Tax Collector Tax Collector: Klim $ 5,150.00/Yr. Assessor Assessor: Rayfield $ 56,511.00/Yr. Town Clerk 10
11 Town Clerk: Klim $ 32,214.00/Yr. Records Management Officer: Klim $ 2,886.00/Yr. Deputy Town Clerk: Lansing $ /Hr. Tartaro (part-time) $ /Hr. Smith $ /Hr. Dog Control Officer (part-time/on call) $ 11.00/Hr. Highway Department Highway Superintendent: Maxwell $ 60,424.00/Yr. Secretary to the Highway Superintendent: Ziemba $ /Hr. Police Department Police Chief Conway $ 75,786.00/Yr. Police Captain: Hildmann $ 69,098.00/Yr. Police Lieutenant Newman $ 64,798.00/Yr. Hare $ 64,798.00/Yr. School Traffic Officers $ 11.25/Hr. Recreation Department Director: Keast $ 43,364.00/Yr. Development and Operations Commissioner: Robb $ 76,615.00/Yr. Water Department Superintendent: Reynolds $ 48,248.00/Yr.; Adopted 7Ayes 11
12 Motion by Councilor Baker, seconded by Councilor Mannion. RESOLVED, to pass the following 2010 Holiday Schedule, as presented HOLIDAY SCHEDULE January 1 New Year s Day Friday January18 Martin Luther King Day Monday February 15 Presidents Day Monday April 2 Good Friday Friday May 31 Memorial Day Monday July 5 Independence Day Monday September 6 Labor Day Monday October 11 Columbus Day Monday November 11 Veterans Day Thursday November 25 &26 Thanksgiving Day & Day After Thursday & Friday December 24 Christmas Day Friday Motion by Councilor Andrews, seconded by Councilor Schultz. RESOLVED, to adjourn the 2010 Organizational Meeting at 9:05 p.m. Barbara Klim, Town Clerk 12
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