SPECIAL TOWN BOARD MEETING
JANUARY 20, 2015
Resolution # 19 - 30
Officers Present:
Supervisor Falcone
Councilor Albrigo
Councilor Jerome
Councilor Kolakowski
Councilor Krupa
Councilor Valenti
Councilor Weber
Others Present:
Paul J Curtin, Attorney
William Morse, Engineer
Town Clerk: Joseph Ranieri
Call to Order: 600PM
Pledge of Allegiance & Prayer
Public Hearing - Local Law 1 - 2015
The Supervisor, on motion from Councilor Krupa, seconded by Councilor Kolakowski, and adopted, opened the Public Hearing at 601PM. Manny Falcone, Town Supervisor, spoke about the State requirement to pass a Local Law rescinding the Local Law that would override the Tax Cap for the year 2015. With no one else wishing to be heard, the Supervisor, on motion from Councilor Weber, seconded by Councilor Kolakowski, and adopted, closed the hearing at 602PM.
Resolution # 19
Executive Session
On motion from Councilor Jerome, seconded by Councilor Krupa, the following resolution that the Board move into Executive Session to discuss personnel matters regarding a particular employee was unanimously passed. Paul J Curtin, Town Attorney, was also included. 603PM.
Councilor Albrigo arrived at the Town Board meeting from a previous meeting and joined the executive session. The Executive Session ended at 643PM.
Resolution # 20
Authorization from the Board to Approve Local Law 1 - 2015
Motion: Councilor Weber Second: Councilor Krupa
Authorization from the Board to approve Local Law 1 - 2015, Rescinding Override of the 2015 Tax Cap
Rescind Local Override Law for Fiscal Year 2015 Local Law 2 of the year 2014
Town of Geddes, County of Onondaga
A local law to Rescind Local Law 2 of 2014
Section 1. Legislative Intent
It is the intent of this local law to RESCIND Local Law 2 of 2014 which overrode the limit on the amount of real property taxes that may be levied by the Town of Geddes pursuant to General Municipal Law 3-c, and allowed the Town of Geddes to adopt a budget for the fiscal year 2015 that requires a real property tax levy in excess of the "tax levy limit" as defined by General Municipal Law 3-c. In rescinding Local Law2 of 2014, the Town of Geddes may certify that the 2015 budget will not exceed the tax cap and that no local law exists that overrides the tax cap, thereby ensuring the town is "tax freeze compliant."
Section 2. Authority
This local law is adopted pursuant to the authority under General Municipal Law, Municipal Home Rule Law and the doctrine of legislative equivalency, which authorizes the town board to rescind Local Law 2 of 2014 by the adoption of a new local law approved by vote of sixty percent (60%) of the town board.
Section 3. Severability
If any clause, sentence, paragraph, subdivision, or part of the Local Law or the application thereof to any person, firm or corporation, or circumstance, shall be adjudged by any court of competent jurisdiction to be invalid or unconstitutional, such order or judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, or part of this Local Law or in its application to the person, individual, firm or corporation or circumstance, directly involved in the controversy in which such judgment or order shall be rendered.
Section 4. Effective date
This local law shall take effect immediately upon filing with the Secretary of State.
A Roll Call Vote was taken. Councilor Jerome, Krupa, Valenti, Albrigo, Kolakowski, Weber and Supervisor Falcone voted yes. Ayes - 7 Nays - 0 Carried
Resolution # 21
Authorization from Town Board to Appoint Geddes Dog Control Officer
Motion: Councilor Jerome Second: Councilor Kolakowski
Authorization from the Board to appoint Diana Fadden as the Geddes Dog Control Officer to begin employment on Monday, February 2, 2015.
A Roll Call Vote was taken. Councilor Jerome, Krupa, Valenti, Albrigo, Kolakowski, and Supervisor Falcone voted yes. Councilor Weber abstained. Ayes - 7 Nays - 0 Abstain - 1 Carried
Resolution # 22
Authorization from Town Board to Approve Issuance of Bonds to Purchase Highway Equipment
Motion: Councilor Krupa Second: Councilor Kolakowski
BOND RESOLUTION DATED JANUARY 20,2015
A RESOLUTION AUTHORIZING ISSUANCE OF SERIAL BONDS FOR THE TOWN OF GEDDES, ONONDAGA COUNTY, NEW YORK AT A TOTAL AMOUNT NOT TO EXCEED $354,000 TO PAY FOR THE PURCHASE OF ONE NEW 2015 CATERPILLAR 938M WHEEL LOADER THROUGH NEW YORK STATE CONTRACT NO. PC65318 AT A MAXIMUM TOTAL COST NOT TO EXCEED $141,000 INCLUDING TRADE-IN ALLOWANCE FOR AN EXISTING CATERPILLAR 938G WHEEL LOADER WHICH HAS BEEN DECLARED SURPLUS, AND FOR THE PURCHASE OF ONE NEW TYMKO MODEL 4300 VACUUM STREET SWEEPER THROUGH ONONDAGA COUNTY BID AT A MAXIMUM TOTAL COST NOT TO EXCEED $213,000 SAID EQUIPMENT TO BE FOR THE USE OF THE HIGHWAY DEPARTMENT, IN AND FOR SAID TOWN.
BE IT RESOLVED, by the Town Board of the Town of Geddes, Onondaga County, New York, as follows:
Section 1
The purchase of Machinery for Highway Maintenance , being one new Caterpillar wheel loader through New York State bid, AND one new TYMKO Vacuum Street Sweeper through Onondaga County bid at a maximum total cost not to exceed $213,000 for use by the Highway Department, of the Town of Geddes, Onondaga County, New York, at a maximum total cost not to exceed $354,000.00 is hereby authorized
Section 2
The maximum estimated cost of such classes of objects or purposes is $354,000.00 and the plan for the financing thereof is by the issuance of $354,000.00 serial bonds of said Town, hereby authorized to be issued in accordance with the Local Finance Law of the State of New York.
Section 3
It is hereby determined that the period of probable usefulness of the aforesaid Machinery for Highway Maintenance is fifteen (15) years, pursuant to subdivisions 28 of paragraph (a) of Section 11.00 of the Local Finance Law. It is hereby further determined that the maximum maturity of the serial bonds herein authorized will not exceed five (5) years.
Section 4
Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the serial bonds herein authorized, including renewals of such notes, is hereby delegated to the Town Supervisor. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said Supervisor, consistent with the provisions of the Local Finance Law.
Section 5
The faith and credit of said Town of Geddes, Onondaga County, New York, are hereby irrevocably pledged to the payment of the principal of and interest on such obligations as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such obligations becoming due and payable in such year.
Section 6
The validity of such bonds and bond anticipation notes may be contested only if:
A. Such obligations are authorized for an object or purposes for which said Town is not authorized to expend money; or
B. The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty (20) days after the date of such publication; or
C. Such obligations are authorized m violation of the provisions of the Constitution.
Section 7
This resolution which takes effect immediately shall be published in full in the Post- Standard, the Town's official newspaper, together with a notice of the Town Clerk in substantially the form provided in Section 81.00 of the Local Finance Law.
The question of the adoption of the foregoing resolution was duly put to a vote on roll
call, which resulted as follows:
Jim Jerome Councilor Voted Yes
Robert Krupa Councilor Voted Yes
Paul Valenti Councilor Voted Yes
Gerald Albrigo Councilor Voted Yes
Mark Kolakowski Councilor Voted Yes
Ed Weber Councilor Voted Yes
Emanuel J. Falcone, Jr. Supervisor Voted Yes
The resolution was thereupon declared duly adopted.
Resolution # 23
Authorization from Town Board to Amend Agreement between Town and NYSDOT
Motion: Councilor Kolakowski Second: Councilor Weber
Authorization from the Board to approve the amendment of the existing agreement between the Town of Geddes and the New York State Department of Transportation for the reconstruction of Farrell Road.
A Roll Call Vote was taken. Councilor Jerome, Krupa, Valenti, Albrigo, Kolakowski, Weber and Supervisor Falcone voted yes. Ayes - 7 Nays - 0 Carried
Resolution # 24
Authorization from Town Board to Continue Inter-municipal Agreement with Village of Solvay
Motion: Councilor Valenti Second: Councilor Jerome
Authorization from the Board to continue the Inter-municipal agreement with the Village of Solvay and amend the stipend to the Town of Geddes Code Enforcement Officer over a four (4) month period and to continue services to the Village of Solvay for the same terms and conditions of the prior year.
A Roll Call Vote was taken. Councilor Jerome, Krupa, Valenti, Kolakowski, Weber and Supervisor Falcone voted yes. Councilor Albrigo abstained. Ayes - 6 Nays - 0 Abstain - 1 Carried
Resolution # 25
Authorization from Town Board to Send Weitzman Metal Site Plan to Planning Board
Motion: Councilor Jerome Second: Councilor Valenti
Authorization from the Board to send the Site Plan for Weitzman Metal to the Planning Board.
A Roll Call Vote was taken. Councilor Jerome, Krupa, Valenti, Albrigo, Kolakowski, Weber and Supervisor Falcone voted yes. Ayes - 7 Nays - 0 Carried
Resolution # 26
Authorization from Town Board for Code Officer to Hold Citations for Home Occupations
Motion: Councilor Jerome Second: Councilor Krupa
Authorization from the Board directing the Code Enforcement Officer not to cite home occupations or similar uses in resident districts until such time as a Comprehensive Plan has been reviewed and approved by the Town Board.
A Roll Call Vote was taken. Councilor Jerome, Krupa, Valenti, Albrigo, Kolakowski, Weber and Supervisor Falcone voted yes. Ayes - 7 Nays - 0 Carried
Resolution # 27
Authorization from Town Board for Supervisor to Sign 2015 Substance Abuse Testing Agreement
Motion: Councilor Krupa Second: Councilor Jerome
Authorization from the Board for the Town Supervisor to sign the agreement for the 2015 IMA Substance Abuse Testing Agreement, all in accordance with the full agreement which has been circulated to the Town Board.
A Roll Call Vote was taken. Councilor Jerome, Krupa, Valenti, Albrigo, Kolakowski, Weber and Supervisor Falcone voted yes. Ayes - 7 Nays - 0 Carried
Adjournment
Motion: Councilor Kolakowski Second: Councilor Valenti
Resolved that the Town Board meeting be adjourned at 650PM.
All in favor: Ayes - 7 Nays - 0 Carried.
Submitted by:
Joseph L Ranieri
Town Clerk