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+ SUITE 101 + SYRACUSE, NEW YORK 18204 + so PLUM STREET KIRWAN LAW FIRM, P.. oO eo STATE OF NEW YORK SUPREME COURT OSWEGO COUNTY IN THE MATTER OF THE APPLICATION OF MICHAEL J. BARRY, VERIFIED PETITION Petitioner, | IndexNo: /lo - O. sBhB RUIN. 9 2 & vs. ge 28 Bf BS. ‘TOWN OF SCRIBA, 3, \2 8B gt ae ae 3 ee 5 Petitioner, Michael J. Barry (“Barry” or “Petitioner”, as and for his Verifiahv ition herdin, R by and through his attorneys, Kirwan Law Firm, P.C. , alleges and shows to the Court as follows: PARTIES i Petitioner, Michael J. Barry, is a resident homeowner and taxpayer of the Town of Scriba, residing at 81 Duke Road, Oswego, New York. 2. The Town of Scriba Town Board (“Seriba” or “Respondent”) is charged by law with the operation of the Town of Scriba. FACTUAL BACKGROUND 3. On November 3, 2015, at the Town’s general election, Barry was elected as the Highway Superintendent of the Town. The term for this position is now four (4) years. In its initial budget, the salary for the Town Highway Superintendent was set at $69,234.00, 4, On November 5, 2015, at its regular Town Board Meeting, the Board made a Resolution (“Salary Resolution”) to lower the Highway Superintendent's annual salary from. $69,234.00 to $50,000.00. A copy of the Meeting Minutes from the November 5, 2015 Town. Board Meeting are attached, incorporated herein and marked Exhibit “A.” + SyRACUSE, NEW YORK 19008 + gure 101 + 00 PLuM STREET KIRWAN LAW FIRM, PC, © o 5. On November 13, 2015, at its regular Town Board Meeting, the Board discussed the fact that Barry was charged with Driving While Intoxicated on July 26, 2015. Further discussions ensued relative to the salary modification for Barry's position. A copy of the Meeting Minutes from the November 13, 2015 Town Board Meeting are attached, incorporated herein and marked Exhibit “B.” 6. On November 18, 2015, at its regular Town Board Meeting, further discussion about Barry’s position as Highway Superintendent occurred, A copy of the Meeting Minutes from the November 18, 2015 Town Board Meeting are attached, incorporated herein and marked Exhi “c” 7 On November 25, 2015, at its Recessed Board Meeting from November 18, 2015, the Board made a motion for a Resolution to move into executive session “regarding the proposed contract for 2016 with the Teamsters Local 317 and an ongoing personnel issue,” presumably involving Barry. Additionally, the Board made a motion “to establish a public hearing to consider adopting Local Law #5 on December 2" 2015 at 5:00pm. A Local Law abolishing the elected office of Superintendent of Highways and establishing the appointed office of Town Superintendent of Highways.” A copy of the Meeting Minutes from the November 25, 2015 Town Board Meeting are attached, incorporated herein and marked Exhibit «p> 8. ‘On December 2, 2015, at its Recessed Board Meeting from November 18, 2015, the Board made a motion for “a resolution approving Local Law #6 of the year 2015, a Local Law abolishing the elective office of Town Superintendent of Highways and establishing the appointive office of Town Superintendent of Highways subject to a mandatory referendum.” A KIRWAN LAWFIRM, P.C. + SCD PLUMSTREET + SUTE 101 + SYRACUSE, NeW YORK 13208 © @ copy of the Meeting Minutes from the December 2, 2015 Town Board Meeting are attached, incorporated herein and marked Exhibit “I,” 9% On February 24, 2016, the “December 2", 2015 Public Hearing Minutes” were amended by Rebecca A. Lavery, Scriba Town Clerk to include the Petition referenced therein. A copy of the email from Rebecca A. Lavery as well as the Amended Meeting Minutes from the December 2, 2015 Town Board Meeting, dated February 24, 2016, are attached, incorporated herein and marked Exhibit “F.” 10. On February 17, 2016, at its regular town Board Meeting, the Board made a motion for a resolution to establish that the mandatory referendum concerning proposed Local Law #6 of 2015 will occur on November 8, 2016. A copy of the Meeting Minutes from the February 17, 2016 Town Board Meeting are attached, incorporated herein and marked Exhibit “Gg LEGAL ARGUMENT 11, The Scriba Town Board has maintained that its actions in relation to the enactment of Local Law #6 of 2015 relate to the fact that Barry was charged with Driving While Intoxicated in Cayuga County on or about July 26, 2015. 12, After Barry won the election for Town Superintendant of Highways the Board indicated that it intended to change the position of Town Superintendant of Highways from an elective position to appointed position so Barry could be removed. 13, ‘Thereafter, if successful in removing Barry from office, it has been the apparent intent of the Board to return the position to an elected position in the following year thus making this whole process a sham and subterfuge to remove Barry from office. S00 PLUM STREET + SUITE 101 + SYRACUSE, NEW YORK 19004 IRWAN LAW FIRM, PC. + © oO 14, The sham and subterfuge violates Barry’s rights, including those rights afforded by the Civil Service Law. The Respondent has indicated its intent to discharge Barry from his position allowing another individual appointed to the position to perform the same duties and accept the same responsibilities as those currently accepted by Barry. As a result, Respondent's actions are clearly not undertaken in good faith and such law should have no effect. WHEREFORE, Petitioner respectfully requests a Judgment and Order vacating and setting aside the Resolutions of the Respondent Town Board referencing and establishing the Local Law established by the Seriba Town Board designated as Local Law #6 of 2015, as well as a Judgment and Order declaring the subject local law illegal which seeks to abolish “the elective office of Town Superintendent of Highways and establishing the appointive office of Town Superintendent of Highways subject to a mandatory referendum,” together with costs and disbursements of this proceeding, and such other and further relief as to this Court seems just and proper. Dated: March 17, 2016 KIRWAN LAW FIRM, P.C. Attorneys for Petitioner TenyT. 500 Plum Street, Suite 101 Syracuse, New York 13204 ‘SYRACUSE, NEW YORK 12204 + sooPLuM STREET + SUTEYO1 VERIFICATION STATE OF NEW YORK ) COUNTY OF ONONDAGA _ ) ss: Michael Barry, being duly sworn, deposes and says that Deponent is the Petitioner in the within action, That Deponent has read the foregoing Petition and knows the contents thereof. That the same is true to Deponent’s own knowledge, except as to the matters therein stated to be alleged upon information and belief, and that as to those matters Deponent believes them to be true. Subscribed and sworn to before me this 17" day of March, 2016. Notary Publi Terry J. Kirwan, Jr. NOTARY PUBLIC, State of N.Y. Qual. Onon. Co, No. 4977356 My Comm. Exp. February 4, 2019 4+ SYRACUSE, NEW YORK 19204 + sure 101 + soo PLUM STREET KARWAN LAW FIRM, Pc. Go o STATE OF NEW YORK SUPREME COURT. OSWEGO COUNTY IN THE MATTER OF THE APPLICATION OF MICHAEL J. BARRY, Petitioner, VS ‘TOWN OF SCRIBA, _ Respondent. EXHIBIT “A” : © oe Town of Scriba Recessed Town Board Meeting from 10.21.2015 Page 10 Resolution #15-311 ‘Agenda item #1- Motion made by Councilor Sheldon to re-open the recessed Town Board Meeting from October21, 2015. Seconded by Kennedy, Ayes + Nays 0 Carried” ** Resolution #15- $12 ‘Agenda item #2-Motion made by Councilor Kennedy to adopt the Preliminary Budget for the year 2016. Seconded by Councilor Santoro, Ayes + Nays 0 Carried Resolution #15-313 Adjourn -Motion made by Councilor Sheldon to adjourn the recessed board meeting from October 21, 2015 Seconcled by Councilor Santoro ‘Ayes Nayso Carried Adjourned 4:40pm Respectfully Submitted by. ) “ Khe ae Cr Rebecea A. Lavery/Scriba Town Clerk es 73 | Page TOWN OF SCRIBA. Public Hearing November 13, 2015 4:00 p.m, ‘Adjourned from Public Hearing on November 5, 2015 * 1, Motion to open the Public Hearing for the Preliminary Budget for 2016 2. Motion to close Public Hearing for the Preliminary Budget for 2016 ADJOURN FROM PUBLIC HEARING 1. Motion to reopen the recessed Town Board meeting from 10-21-2015 2, Motion to adopt the Preliminary Budget for the Scriba Town Budget for the year 2016 MOTION TO ADJOURN Town of Scriba Nerembons-2ors— Public Hearing soopm. Paget Board Members Present: Supervisor Kenneth Burdick Councilor Sheldon Councilor Santoro Others Attending: Bob Kitts-Water and Facilities Director Mark See-Town Accountant “Tracy Samson-Town Bookkeeper to Supervisor Kevin Caraccioli-Town Attorney Resolution #15-297 ‘Agenda item #1- Motion made by Councilor Sheldon to open the public hearing for the Preliminary Budget for 2016. Seconded by Councilor Santoro, Ayes # Nays 0 Carried Supervisor Burdick questioned the room if anyone had any questions or comments regarding the subject of the public hearing, No questions or comments from residents or employees. Mark See, Town CPA- Explains it was a tough year for the Town Board with the Nuclear Power Plants coming off the assessment roles and entering into a P.LL.O:T. Agreement. Therefore, when the residents receive their tax bills in January they will notice the Tax Levy amount went down 44%, However, the residents will pay a little bit more. For example: based on an average home being assessed at $70,000 a resident will pay about $28.00 more for the year 2016. The Town was able to remain under the Tax Cap by cutting the budget and not using @ lot of the fund balance. Therefore, was able to carry over $16,680.00 to be used towards the 2017 Tax Cap Supervisor Burdick explained it will be a Jot tougher next year with Fitzpatrick Closing. He has been working with Kevin Caraccioli and Joe Reitz continually trying to find a deal with the nuclear plants, Resolution #16-298 ‘Agenda item#2- Motion made by Councilor Kennedy to close the public heaving pertaining to the Preliminary Budget for 2016, Seconded by Councilor Sheldon Ayes # Nays0 Carried 60} Page © Town of Scriba November 5, 2015 Recessed Town Board Meeting from 10.21.2015 6:05 pm Pages Resolution #15-299 Agenda item #1- Motion made by Councilor Sheldon to re-open the recessed Town Board Meeting from October21, 2015. Seconded by Councilor Kennedy. Ayes Nays 0 Carried Resolution #16- $00 Agenda item #2-Discussion/Motion to adopt the Preliminary Budget for the year 2016. Supervisor Burdick would like a discussion due to not knowing the direction of the negotiations for the Tax Agreements with Entergy. He was hoping to have more solid information for Mark See, Town CPA miiosnopKeninCasseerohome sinslixidualalt involves the financial status and-wmployanontotatwmthat could have an impact on the Towns Budget. Supervisor Burdick agreed and stated the Board will add this matter to the upcoming executive session to discuss the Tax litigations with Entergy. The motion to adopt the Preliminary Budget will be held until after the executive session, Resolution #15-s01 Agenda item#3-Motion made by Councilor Kennedy for a resolution to establish a Public Hearing on November 18 at 6:25 P.M. for the purpose of repealing the Local Law #2 of 2015 to override the Tax Cap-Town Attorney, Kevin Caraccioli explained at the time the ‘Town was putting together the preliminary budget it was unclear ifthe Town was going to be able to remain under the Tax Cap. The State does allow Towns to adopt a resolution to override the Tax Cap, which the Town did as a proactive measure. Now that the Town was able to remain under the Tax Cap, a repeal of the Local Law must be done, The Town Law was fied and returned to the Town by the State just this week. Mark See explained Supervisor Burdick will have to certify by January 26, 2016 that the ‘Town did repeal the Local Law. IF he does not, and the Local Law is still on the books, the residents will not get their refund. A public hearing date will need to be established before adopting the Local Law to repeal Local Law #8 of 2015, Seconded hy Councilor Santoro. Ayes # Nays 0 Carried Resolution #15-302 Agenda item #4-Motion made by Councilor Sheldon for a resolution to establish a fee for sewer connection in the Town where a new sewer service hookup is needed and a sewer connection fee has not been previously made. The charge will be $1,200.00 which is the same fee charged for a new water tap installation. Bod Kitts had to hook two people up to the system. He did not have an established fee to charge the residents for hooking into the sewer. It costs the Town approximately $1,200.00 in order to do the hookup. Bob brought the issue to the attention of the Board asking for a fee to be established. It was decided $1,200 would be a fair fee to establish considering it is the cost of the hook up and is the same as the water tap installation, Bob felt the reason why the water and sewer line is always in the red is because the Town is not bringing in the money needed for the hook ups. Supervisor Burdick thought there was a fee established when the Sewer was established long before he was Supervisor or Kevin Caraccioli was Attorney for the Town, The verbiage was there for the Water installation but not for the Sewer. Attorney Caraccioli states there needs to be an adoption ofa resolution and ultimately a notice of the fee being published in the News Papers. Supervisor Burdick asked Bob Kitts to refund the two residents that recently were hooked up to the Sewer. The Fee had not officially been established as of yet. Therefore, Supervisor Burdick does not feel it is appropriate we charge them. Attorney Caraccioli agrees the charge is a fair price. However. in fairness @ policy was not established at the time of hook up. The residents should be refunded. Supervisor Burdick saluted Bob Kitts for bringing this issue to the Boards attention so in the future the Town can make up the deficit in a fair manner. Seconded by Councilor Kennedy. Ayes + Nays 0 Carried 61|Page oO 9 Town of Scriba November 5, 2015 Recessed Meeting from October 21, 2015 6:30pm Page 2 Resolution #15-303, ‘Agenda item #5-Motion made by Councilor Kennedy for a resolution to move into Executive Session to discuss ongoing tax litigations with Entergy and to discuss e-personnebiwnne regarding monies that may impact the budget to the point that the Town CPA may have to make some changes. Seconded by Councilor Sheldon. 6:20 p.m, Ayes ¢ Nays 0 Carried Resolution #15-804 ‘Agenda item #6-Motion made by Councilor Sheldon to adjourn the execu Councilor Kennedy. Ayes Nays 0 Carried fe session. 8:10 pm, Seconded by Resolution #15-305 Agenda item #7-Public Hearing-Motion made by Councilor Kennedy to re-open the Public Hearing on November 5, 2015 for the Preliminary Budget for 2016. Seconded by Councilor Santoro. Ayes 4 Nayso Carried Resolution #15-306 Agenda item #8-Fiscal- Discussion/Motion made by Councilor Kennedy for a resolution authorizing the ‘Town Supervisor to-bowenthe-Highuiay Supasintembentamrmrbonin-y- form BOertateototorGOGreor Seconded by Councilor Sheldon Ayes ¢ Nays 0 Carried Supervisor Burdick would like everyone to know why this was done. Attorney Kevin Caraccioli explained with in the last two (2) days it was brought to the Boards attention that Michael J. Barry was arrested for driving while intoxicated in the Town of Brutus in Cayuga County on July 26, 2015. The matter has not been disposed of thru the court system as of today. However, this would represent a misdemeanor. [Fconvicted of this charge. He would likely lose his Commercial Driving License and under the NYS DMV regulations considering his history of drinking and driving related incidents could very well lose his ability to drive anywhere in NYS with any kind of license for a period of two (2) years and up to five (5) years according to NYS DMV regulations. The newly elected Highway Superintendent could very well he unable to drive on the very roads that he has been elected to supervise and have the legal authority over. This renders his position and salary compromised in the eyes of the Town of Scriba. ‘The other concern is the pending Tax Litigation and announced closure of the Fitzpatrick Nuclear Facility ancl what that could do to the Towns Budget going forward. This is secondary to the news that was literally uncovered with in the last two (2) days of Mr. Barry's drinking and driving charge. The Board believes this information does impact the Town's Budget and the public ought to be aware of this and be able to comment in public hearing before the Board adopts the final budget. The recommendation is to re-open the public hearing, republish the salary of the highway superintendent and then recess the public hearing to a date to be established ax Friday November 13, 2015 at 400 pn 62] Page oO o Town of Scriba November 5, 2015 Recessed Meeting from October 21,2015 6:30pm Page 3 Resolution #15-307 Fiseal- Supervisor Burdick would like a motion to lower the general fund unexpended balance to $140,766.00. Motion made by Councilor Sheldon, Seconded by Councilor Santoro. Ayes 4 Nays 0 Carried Attorney Kevin Caraccioli explained the Board is not quite sure what- Moke-Bmerpsretreeg@and the ultimate disposition of that charge may have on the Town's insurance rate that is subject to notification of the Town's Insurance Carrier NYMIR and a determination from NYMIR what or how this information may impact the town’s insurance rates. There are a number of influences that led the board to this decision. Resolution #15-308 Adjourn Public Hearing/Schedule Public Hearing -Motion made by Councilor Sheldon to adjourn the Public Hearing from November 5, 2015 and schedule a Public Hearing for Friday November 18, 2015 at 4:00pm for the Preliminary Budget. Attorney Caraccioli explained the notice must be published five (5) days previous to the Public Hearing which would be Saturday November 7, 2015, Seconded by Councilor Kennedy. Ayes 4 ‘Nayso Carried Recessed 8:40pm until Friday 18, 2015 septa hacccn ab Feces pao lL 10-2017 Rebecca A. Lavery/Scriba Town Clerk 63| Page G Qo At a regular meeting of the Town Board held in and for the Town of Scriba on November 5, 2015 at the Municipal Building at 6:30 p.m. RESOLUTION NO.: 15-302 RESOLUTION ESTABLISHING SEWER ANDWATER-GONNEETION TEES — WHEREAS, the Town of Scriba has established both water districts and sewer districts servicing various parts of the Town of Scriba; and. WHEREAS, pursuant to New York State Town Law Chapter 62, Article 12, whenever a Town Board shall have established one or more sewer or water districts or both, the Town Board shall adopt a cesolution prescribing how sewer and water connections shall be made therein; and WHEREAS, the costs of connecting water and/or sewer to a property shall be born by the owners of the property that desires a sewer or water connection be made; and WHEREAS, the Town Water Department has established a fee schedule for the connection of both water and sewer to properties in the sum of $1,200.00 per connection per property; and WHEREAS, the Town Board has reviewed the fee recommendation of the Director of Water and believes it to be fair and reasonable; WHEREAS, the Town of Scriba also calls upon the State’s elected representatives to do everything in their power and authority to encourage and permit Entergy Corporation to continue operating the JAF facility; NOW, THEREFORE, upon motion duly made by Board Member Sheldon and seconded by Board Member Kennedy, it is and shall hereby be RESOLVED, that the Town Board hereby establishes a water and sewer district connection fee in the sum of $1,200.00 per patcel of land in front of which it is desired hat a water or sewer connection be made; and itis further RESOLVED, that the water or sewer connection fee shall be paid by the property owner prior to the water or sewer service being activated for the property in question; and it is further RESOLVED, that the Town Board hereby reserves the option of modifying the fee schedule in accordance with Chapter 62, Article 12, Section 201 of the New York State Town Law; and itis further © 0 RESOLVED, that the Town Clerk is hereby directed to publish a notice of the water and ‘sewer connection fee in the official paper of the Town of Scriba at least twice. Motion having been made and seconded was adopted by the Town Board members present constituting a quorum in accordance with the following roll call vote: KENNETH E. BURDICK, Supervisor [Aye] JAMES SHELDON, Deputy Supervisor [Aye] DAVID GIRARD, Councilman [Absent] BRADFORD KENNEDY, Councilman faye} EILEEN SANTORO, Councilwoman [Aye] a 1 alan Rebecca A. Lavery, Town Clerk Dated: November 9, 2015 _ TOWN OF SCRIBA Public Hearing November 5, 2015 6:00 pm. **Recessed Town Board Meeting from October 21, 2015* 1. Motion to open the Public Hearing for the Preliminary Budget for 2016 2. Motion to close Public Hearing for the Preliminary Budget for 2016 1, Motion to re-open the recessed Town Board Meeting from October 21, 2015 2. Discussion / Motion to adopt the Preliminary Budget for the year 2016 3. Resolution to establish a Public Hearing on November 18 at 6:25 P.M. for the purpose of repealing the Local Law #2 of 2015 to override the Tax Cap- Town Attomey, Kevin Caraccioli 4. Resolution to establish a fee for sewer connection in the Town where a new sewer service hookup is needed and a sewer connection fee has not been previously ‘made. The charge will be $1200.00 which is the same fee charged for a new water tap installation, 5. Motion to move into Executive Session to discuss ongoing tax litigations with Entergy ADJOURN + SuME 101 + soo pum stneer IRWAN LAW FIRM, P. © i] STATE OF NEW YORK _SUPREME COURT OSWEGO COUNTY. IN THE MATTER OF THE APPLICATION OF MICHAEL J. BARRY, Petitioner, vs, ‘TOWN OF SCRIBA, Respondent, EXHIBIT “B” Town of Scriba Nawembierig2005— Public Hearing a:oopm Paget Board Members Present Supervisor Kenneth Burdick Councilor Sheldon Councilor Santoro Councilor Kennedy Others Attending: Bob Kitts-Water and Facilities Director Kathleen Clary Mark See-Town Accountant Abby & Amanda Lagoe ‘Tracy Samson-Town Bookkeeper to Supervisor John Crisafulli Kevin Caraccioli-Town Attorney ‘Andrea Shortslef Renae Lagoe ‘Andrea Barry Kelly Lagoe Jeanne Pungell-Paltimes Debbie Collins Kelly Cowen-Time Warner News Janet Stone Jaime & Mike Higgins Robin & Greg Davis Jeanne & James Barry Resolution #15-309 Agenda item #1- Motion made by Councilor Kennedy to open the public hearing for the Preliminary Budget for 2016, Seconded by Councilor Sheldon. Ayes Nays 0 Carried ‘Town of Scriba CPA, Mark See: Explained he contacted the Real Property Tax Office because the county Just signed the tax agreement for the PILOT with Nine Mile 1 & 2. He has the final figures for the Town Taxable Assessment Roll. It did change the figures a little bit. To summarize, for example, your tax bill will show a decrease of 4% of the Levy. This figure is approximate because the Assessment Rolls are not final This is alittle misleading because Nine Mile 1 & 2 were on the tax rolls the past couple of years. This year they are on a P.1LL.O.T (Payment in Lieu of Taxes) Agreement. 1.3 Billion dotlars of Assessment are being pulled off the Tax Rolls and the P.LLL.O.T Agreement goes onto the revenne with in the Town Budget. ‘The PILOT Agreement is not as much as the Real Property Taxes in prior years. ‘Therefore, the Town Board had to work diligently to find other avenues to cut spending. The Board does have some plans for the following years to keep the tax rate stable, However, they needed to do some cost containment in order to do that. With that being said, the Real Property Tax Rate in combination with General and Highway with new assessment figures will be approximately §1.40. This is around .38 higher than prior years. Compared to any ‘other Town in the County itis still the lowest. For Example, A $70,000 home on average will have around $36-838 more per household added to their Tax Bill. The Town Board was able to keep the tax cap under the 2% tax cap. In doing so the residents would receive their rebate checks. Supervisor Burdick questioned the room if anyone had any questions or comments regarding the subject of the public hearing, Speakers: Kelly Lagoe Kathleen Clary Debbie Lagoe Andrea Barry 6a] Page Town of Scriba November 13, 2015 Public Hearing a:oopm. Page 2 Kelly Barry: Noticed that the Salary of the officials were posted in the News Paper. Since then there was a change to one department, The Highway Department, which is the only one with a newly elected position. She is curious as to the justification of reducing it by over $19,000, Supervisor Burdick explained there was a lot of deliberation on this subject. Entergy is going to have quite an impact on our tax base. The Board is preparing for the worse because it is going to get bad. The Board decided they needed to start cutting somewhere. The Board felt the Highway position was @ good place to start. He then invited the Town Attorney, Kevin Caraccoili to explain further. Town Attorney, Kevin Caraccoili: In terms of Preliminary Budget the figures were set and re-advertised. ‘The affidavit is on file with the clerk. There is a timeline under NYS Law with in which the Board must approve of the budget. The timeline is essentially now. The board has until Sunday to continue the public hearing. The budget must be adopted by Novernber 20", 2015 in order for it to be legal and in compliance with the NYS Comptroller. This is probably the latest this board has ever considered the adoption of the Budget, Much of it had to do with the ongoing negotiations with all three nuclear power plants. However, in addition to all of that the news that the Board was confronted with concerning the Highway Superintendent Elect also has a definite impact and a fiscal impact on the Towa of Scriba going forward. This is a budget for 2016 meaning it takes effect on January 1, 2016. This coincides with the term of office of the Highway Superintendent who has legal issues that are a major concern of the Town of Scriba. Which will very likely create a financial cost to the Town. That was the determination of the Town Board to adjust and modify the salary based upon all of those circumstances. Kelly Lagoe: Can you elaborate what financial issue the Town is going to incur? Supervisor Burdick: Bottom line is, 1 assume we are going to have to have some kind of litigation with the union with Mr. Barry's situation. We will have a highway superintendent that will not have a driver's license. ‘The Board felt with the cuts that the Board will need to be making in the fature it would probably happen any way somewhere down the road. ethandthiswasthe solution Kelly Lagoe: Is this a punishment? The Board is targeting one position, not everyone, No one is going to take the same hit or the cost to substantiate the expense that you think is going to incur. Supervisor Burdick: Yes, you are correct. His is the only position that the Board is cutting in pay. Kelly Lagoe: { am curious what a newly elected official in that position was, what their cut was when they ‘came into the position. For example: Mr. Myers or Mr. Coe. Supervisor Burdick: I understand what you're thinking. We could have taken a diffevent action and did what the Town of Volney did and make the new Elect a part time position, cut the pay in half and done away with the benefits. The Town of Scriba opted not to do that. Kelly Lagoe: Would that have been done prior to the budget? Wouldn't that have to stated somewhere in the public and that decision be made to make that a part time position prior to the budget? So that when someone was running for the position they would know it was part time? 65 | Page Town of Scriba November 13, 2015 Public Hearing aioopm Page 3 Supervisor Burdick: No, the process it not started until sometime in October. So that discussion would not have been made during the election season Kelly Lagoe: Is it normal to hold a preliminary budget or postpone after an election. Is that normal for the Board? What is the normal time frame for a budget for this board? Supervisor Burdick: Whatever comes up and a decision is made at that point. The Board does what it needs todo to get to the position where they feel comfortable passing the budget. Kelly Lagoe: So you don't have a budget calendar. For instance: At the School District they have a calendar so this is when we hope to start, this is when we hope to finish. It doesn’t always happen and the Nuclear Plant is part of the reason why. So they have a time frame. Do we not havea time frame here at the Town of Scriba? Supervisor Burdick: We have a time frame. Attorney Kevin Caraccioli: There is a time frame established by State Law. The Town Law, sections 103- 107 established the budget process. Tentative budget is done in September/October time frame. The Preliminary Budget is subject of a public hearing. : Chis is stated right in the Town Law. There is @ connection to the general election. It then can be adjourned from day to day up thru and including November 15%, This is stated in the Town Law of the State of New York. The Town Board then has to adopt a budget no later than the 20" of November of each year. If the Town Board fails to adopt the final budget after the public hearing then whatever the preliminary budget is that was established by the Town Board is what the budget becomes. This is the legal process. In my years of experience representing the Town of Seria this is probably one of the latest tirme frames that we have had to consider the budget. The negotiations with the Power plants was @ significant factor that drove the Town to push that process out as far as it could because ‘we wanted to have the latest information possible. In fact, the public hearing was held on the very last day that it could, The Thursday after the election. Kelly Lagoe: It is also my understanding that when the Board take the preliminary budget and post the official salary those are the final numbers. Are they not the final numbers because the preliminary budget had. not been passed? So is there an ability to make that change? Attorney Kevin Caraccioli: Yes, you are correct. The Preliminary Budget was originally posted in the paper with salaries that are different than what was currently published. However, that preliminary budget was subject to a public hearing that was started on Thursday of last week. In light of the news of Mr. Barry and his pending Jegal issues, in light of that and the negotiations with the Nuclear Power Plants, In light of the likely closure of the Fitepatrick Plant, and the loss of significant revenues to the Town,-Fhe-Bowre-desittedtome i ; The process was compliant with State and Town Law. This is the public's opportunity to comment on the newly constituted salaries. Kelly Lagoe: When or where would we find the information about the newly elected official to that position, Mr. Myers or Mr. Coe? What was their reduction in their pay if any when they took over? 66 [Page Town of Scriba November 13, 2015 Public Hearing aioopm Page 4 Attorney Kevin Caraccioli: ‘The Town is required to keep all records from its inception going forward the town Clerk has archival records of past budgets. That is where you would look. The budgets are probably the best source of that information. Kelly Lagoe: Can someone answer if historically has there been such a large amount in reduction to that salary, or any salary, it doesn't even have to be just the Highway. Attomey Kevin Caraccioli: ! am not aware of any historically. I've been representing the town either directly or as an associate of a prior firm for approximately 20-21 years. This is certainly a significant reduction in a salary, tows s henge Kelly Lagoe: Just so itis on record, I personally find it quite unfair and unjust to reduce someone by almost ‘$20,000, If in fact there are litigations or issues over Mr. Barry certainly they will be taken care of. We know the Town will incur costs as does any other place of business. But, we also know or at Jeast assume that the Town would have some form of cushion for legal issues anyway. Ifhe was going to be removed or will be removed, Why is it ok that the next person coming in would only be coming in at $50,000 suhemosiginallyaiten siuaepoctadet seoooe Attorney Kevin Caraccioli — thathosmenibevsmcuidablowever, there is also likelihood should he be convicted of his third drinking and driving related incident with in the last 25 years he will lose his ability to drive a commercial driver's license (CDL) will be revoked permanently, for life, He will lose any ability to drive under a class b license for a period of six months according to the vehicle and traffic law. An additional five years under the Department of Motor Vehicle Regulations because of the third drinking and driving related incident with in the last 26 years. ‘There is a 25 year look back period. He received a DWI in 1990, He received a DWAL in 2012 and he's been charged with a DWI with a blood alcohol content of .14¢0n July 26" 2015. This is within 25 years, the date of the offense not the date of conviction. ‘These are not the Town's rules, they are the State of New York rules. It sets up a situation where the Highway Superintendent will not have the ability to operate a motor vehicle over the roads he is charged with supervising. It creates a financial strain on the Town because now we have a Highway Superintendent who is supposed to supervise roacls who can't legally operate a motor vehicle. It puts the Town in a tough situation. We've had to notify our insurance carrier. We are still waiting to see what the consequence of that iselinau-sequiterthe-Fowr-temiteeanotnonindiidualepeobablyanciployenotthen : ear the Mien ese jobortttesery ditticat TOTO THE OU siting etree Thee aie anticipated erpensastisnnthorounielackiinge anche beter pastiche TOTES Kelly Lagoe: Is the title of this position not Highway Supervisor? Attorney Kevin CaracciolirGupesintandontoFtigtways— Kelly Lagoe: Do they not supervise the department? Attorney Kevin Caraccioli: There is certainly a degree of supervision that goes along with that Kelly Lagoe: Does a supervisor not delegate work? 67|Page Town of Scriba Noveméer 13, 2015 Public Hearing a:oopm. Page 5 Attorney Kevin Caracciolis That can certainly part of the supervisor's prerogative and discretion Kelly Lagoe: Has no other town superintendent ever rode with another employee? Attorney Kevin Caraccioli: I don’t know that. The highway Superintendent is also obligated to attend schools from time to time. There is training for new highway superintendents that typically occurs in Ithaca of Cornell. That is an expense that the Town has incurred and probably anticipates continuing to incur However, now we have the added issue of the potential that there will he another mode of transportation that is required for Mr. Barry. Kelly Lagoe: Isn't that required by the person themselves to do their training? Attorney Kevin Caraccioli: It is part of his official duties Weisan allicce Flectof the Doumounlaowantiin 7 eT Fi “There is certainly a fiscal consequence to having this particular individual in this position. He won the election, there is nothing that anyone can do about that. However, the Town Board does have the authority and the right to consider all of those circumstances and reasonably and prudently adjust the budget according to the circumstances it finds itself in. Happens to be 2 days after the election when this information came out but never the less what they're doing is completely within the Law. Kelly Lagoe: The choice to reduce the salary over $19,000 is just a number we've pulled out of our hats or a punishment to the position. Attorney Kevin Caraccioli: I don't think it is a punishment in any way shape or form. It is a justification for the additional fiscal consequences and responsibilities that the Town incurs. Is it seen by the public as, punishment? Is it seen by the public as retribution because the incumbent was knocked out, you can look at it any way you want but this Town Board has a fiscal obligation to the tax payers and I think they're exercising it, Kelly Lagoe: Again, I find it unjust and unfair that we are reducing a salary that we advertised on October 29th at $69,284. I just want my voice heard. Debbie Lagoe: | would like my voice something to. I now that in the last few weeks Scriba Town Residents hhave had to call the Scriba Highway Department because there have been trees and debris in roads that the current Highway Superintendent wasn't out checking roads or these tax payers wouldn't have to be calling in asking for the roads to be cleared. Supervisor Burdick: Those are calls that we haven't received. Ifwe had received the ealls we would make sure someone had gotten out there, Whether that is an isolated situation or not I don't know. Debbie Lagoe: It was on three different occasions. 68|Page Town of Scriba November 13, 2015 Public Hearing 4:00pm. Page 6 Supervisor Burdick: To get back to Kelly's question on the amount of the salary that we came up with. We didn’t just pull it out of a hat. ~ I you look: at the listings for the other Highway Superintendents within the other 21 townships you will see that the $50,000 salary is in line with the rest of the Highway Superintendents. Kelly Lagoe: Is there a website to check that out? Supervisor Burdick: { don’t know. Debbie Lagoe: I would like to ask one more question. I know that there was a gas line that was hit and that was a substantial hit and a fine to the Town of Scriba with this current Superintendent. Was that ever taken into consideration or is that just a cushy. Attorney Kevin Caraccioli: That is a matter of litigation and is under investigation. A notice of claim was filed by National Grid. It is still being investigated. There has been no resolution. Just like every legal case that I've ever been involved in there's two sides to every story that is what claims and investigators are all about. Itis too premature to comment on any of that Debbie Lagoe: But you don't think It's too premature to comment on the legal issues that Mr. Barry Attorney Kevin Caraccioli: No, I don't and here's why; Mr. Barry is subject to criminal precedings of the State of New York. He has had matters scheduled before the Town of Brutus. He was arraigned on July 26" ‘The night he was picked up for drunk driving, That case was adjourned for two weeks for him to get an attorney. At that point and time the Town Judge should have revoked his license, right then and there. He didn’t. No one here can understand why. It was a Town Judge, | don't know what time of night it was. I'm not faulting him I'm just telling you what the reality is. It was never done. Then Mr. Barry managed to keep it quiet from all the voters from July 26'* thru the Primary Election, thru the General Election. When the Town did become aware of it on election evening. Then | became aware of it the day after. | contacted the Cayuga County department district attorney's office. They pulled their tile and realized there was a lack of administrative revocation of his license. They called the Town of Brutus Town Court and had the matter scheduled for Tuesday November 17° for the pre-prosccution suspension which is allowed under the vehicle and traffic law. It is not allowed, it is required, mandated. ‘There is one exception. You can ask for a hardship. Given Mr. Barry's past driving record, he would not qualily for a conditional or temporary license pending prosecution for this case. So his license, once he comes to court will be suspended. He then managed (o retain a second attorney that managed to convince the Judge tw adjourn the case one more time. He is now scheduled to show up in court on November 24" at which point his license will be suspended as pursuant to vehicle and traffic law. It is a pre-prosecution suspension. [ have been told by the prosecutor given his driving record and the blood alcohol content it is the Cayuga Co, District Attorney's position that he must plead toa misdemeanor, driving while intoxicated. He certainly has all rights reserved, he is innocent until proven guilty. He has all of those remedies available to him. He has an attorney. This Board needs to act not only now Dut has to look prospectfully into 2016, As it concerns the fiscal obligations of this town we have to set a budget now for 2016. All of these factors play a part in the decision making that is going on today and with this process. Debbie Lagoe: So with those factors, if this particular situation did not take place, would that salary have been reduced? o|Page Town of Scriba November 13, 2015 Public Hearing 4:00pm Page 7 Attorney Kevin Caraccioli; | don't know. It is probably not likely that it would. However, once the Town Board became aware of the magnitude of the situation and the fiscal impact that this unfortunate situation has caused the town. I think it was their fiscal obligation to take a hard look at it and male some tuff decisions. ‘Which I believe they are prepared to do. Kelly Lagoe: Innocent until proven guilty. Did this board decide that they became judge and jury and it should have been publicized to the extent to which it was? Did this board feel the right to communicate to the Cayuga County. By the way, we're Oswego County. I'm not condoning anything. I'm just saying it doesn’t look good. Attorney Kevin Caraccioli: Absolutely-Hedeeen'tlaak good far Mz Bary Several comments from residents. Too entangled and distorted to insert into minutes. Attorney Kevin Caraccioli: There is an absolute reason and justification for reaching out to the Cayuga County District Attorney's office. One; to verify ifit was in fact Michael J. Barry that just won election. Two; he had just been reinstated about thirteen days before he received his second DWI. This is a significant development within the Town, With all the other news swirling around with the Nuclear Power Plants frankly this was a black eye on the Town. They felt it was necessary to confirm this individual was in fact Highway Superintendent Elect and get out in front of this story Kelly Lagoe: In the thirteen days that you just commented about, That was because the Town had withheld his ability to come back to work. There was a grievance that was won. Then overturned. Then taken to Supreme Court, There was comment that was made about $90,000 that Michael had spent. That is not what happened here, This board had signed a contract that had binding arbitration but certain individuals felt that they didn’t need to stand by that. It is not right. Welnedmemrring-Coste-beemuamoLpessorbnententmm Attorney Kevin Caraccioli: We've incurred costs because of the actions of an individual. This Board has exercised all the rights that are allowed under the law. Itis a legal process. In the final analysis the Appellate division determined that thesbs : —~sovemimete-Bo be it. We stand by that. The Town has made Mr. Barry whole. Faced with the facts as we know them and a third DWI. This Board has every obligation and right to do what it is doing, Kelly Lagoe: I do not think it is right. { do not think itis fair. Ido think you had a budget and put it out there. You find this information out and it does appear to the public eye that you are pinpointing it to him It is very unfair and unjust. I would just like to say that. Supervisor Burdick asked if there are any other comments? Andrea Barry asked what is the average salary of the Highway worker? ‘Supervisor Burdick responded around $50,000 annually without the overtime. 701 Page Town of Scriba November 13, 2015 Public Hearing 4:00. Page 8 Kathleen Clary: The Superintendent doesn't typically make more money? If someone gets a promotion or an elected upper position, hey don't typelly male more money than the regular hourly workers? Tm asking, 1 lon't know. ‘Supervisor Burdick: We put the position at $50,000 to keep the salary in line with the workers and other ‘Superintendents in the County. Kathleen Clary: It is a supervisory position, that's my question, if they are over seeing these people, it is a higher responsibility. They wouldn't make more money typically? Supervisor Burdick: Not necessarily Several comments from residents. Too entangled and distorted to insert into minutes. ‘Town CPA, Mark See: The Oswego County Sherriffis a good example. Supervisor Burdick: The Oswego County Sherriff has workers for him that make more money than he does. Kathleen Clary: Did they also have a positions where they went for a position and a certain salary and then that salary was reduced by almost $20,000 after they got the position? Supervisor Burdick: | don’t know what the County does. Kathleen Clary: No, I'm just saying typically, just typically? Supervisor Burdick: No, We just got done explaining why that was lowered. I thought that was explained by the Town Attorney why it was lowered. Kathleen Clary: Not really. If Mr. Caraccioli went for a job position and they're going to pay you $100,000 and then you get the position and up nope we're only going to give pay you $70.000, Is that a typical thing to happen? Because you probably wouldn't have went for the job if you knew it was only going to be $70,000. Attorney Kevin Caraccioli: If I did something that effected that position, | probably would have to look myself in the mirror and ask myself why is this happening? | think we've explained now what the process is for modifying the Town Budget. -Fhe-+s a pili stebeuitereteneditiedsdl here is both the statute and the case law in NYS allow for decreases in salaries. It is done all the time across the State. It just happens to be somewhat new to the Town of Scriba and under very unfortunate circumstances but in fact this Town Board has the legal ability to what it is doing: Kelly Lagoe: As long as we're discussing the budget and obviously a budget has expenses and revenues I'm curious as to what the fee is to moving a mobile home into this town and whether or not there are permits and fees that have to be paid previous to moving them in here. Is there a process of doing that? niPace Town of Scriba November 13, 2015 Public Hearing a:oopm Page 9 Attorney Kevin Caraccioli: There is. The Planning Board has worked pretty diligently as looking into that process including calling around to other communities to hear what they do. If there is a mobile home that is located outside the Town of Scriba there is an inspection process whereby the Building Inspector either goes into the area that the trailer is located anywhere in the state and conduct the inspection. I believe, {can try to verify this for you, the inspection fee is $160 that the individual that wishes to move the trailer into Sctiba is responsible for. Including mileage if t is more than 5omiles outside the Town of Scriba. There is also an inspection process for moving a trailer within the Town of Seriba. It is a lessor fee. Not exactly sure what that fe is but there is a process, Kelly Lagoe: They always have to be inspected coming in? Even if it is within our area? Attorney Kevin Caraccioli: That is the requirement. Kelly Lagoe: That becomes revenue of the Town? Attorney Kevin Caraccioli: I believe it is a general revenue. That Law was enacted within the last year. Kelly Lagoe: Just because someone wants to move here, we don't move them here. If someone wants to leave this town, I'm assuming for example to take it to Sandy Creek or whatever, they too have to follow the rules of this town and that town, Attorney Kevin Caraccioli: More so in the Town to which it is going. Supervisor Burdick asked if there were any more comments. Resolution #15-310 ; ‘Agenda item#2- Motion made by Councilor Sheldon to close the public hearing pertaining to the, Preliminary Budget for 2016. Seconded by Councilor Santoro. Ayes + ‘Nays 0 Carried Closed 4:39 pm Respectfully Submitted by: L ° : Neck ssn A geen, pate LL IY. Cars Rebecea A. Lavery/Seriba Town Cidrk 72|Page 1+ SYRACUSE, NEW YORK 19008 + soo PLUM STREET KIRWAN LAW FIRM, PC © oe STATE OF NEW YORK SUPREME COURT_ OSWEGO COUNTY IN THE MATTER OF THE APPLICATION OF MICHAEL J. BARRY, Petitioner, vs. TOWN OF SCRIBA, . Respondent. EXHIBIT “C” Town of Scriba November 17, 2015 Audit Meeting 6:oopm Page ‘The Regular monthly Audit Meeting of The Town of Scriba Board was convened for the purpose of auditing, claims on Abstract #15-11 Audit Committee members present: Supervisor Burdick Councilor Sheldon Councilor Santoro ‘After all bills had been reviewed, the abstracts were held for final approval until the regular session of 11/18/2015 Meeting Adjourned 6:52p.m. Respectfilly submitted by Rebecca A. Lavery/Town Clerk “hee A [L2 2%. Zorg ety Date. 7a|Page Town of Scriba Public Hearing Paget Agenda item #1- Supervisor Burdick opened the public hearing for the purpose of repealing the Local Law #2 of 2015 to override the tax cap. ~ Town Attorney Kevin Caraccioli explained on October 22%! of this year the State of New York filed our Local Law to override the tax levy limit which was established under the NYS Municipal Law. The reason for doing this was a proactive step on the Towns part given the tax cap each ‘Municipality is required to adopt. If the Town's budget exceeded the Tax Cap and we did not have the ability to override the Tax Levy, there would have been a consequence to each tax payer. They would not qualify for the tax refund that the State offers to each community that stays below the tax cap or takes the step to override it. Since the budget has been adopted and thru the good efforts of the Town Board and the Town CPA, we were able to remain under the tax cap. There is a further consequence if the Town doesn't repeal it. ‘That would be that the taxpayers would not get the benefit of the tax refund. The Local Law that is subject to the public hearing right now is for the repeal of the override of the tax cap legislation, Local Law #2 of 2016. Supervisor Burdick questioned the room if anyone had any questions or comments regarding the subject of the public hearing. No one spoke. Resolution #15-814 Agenda item##2- Motion made by Councilor Sheldon to close the public hearing pertaining to the repeal of the Local Law #2 of the year 2015 to override the tax cap. Seconded by Councilor Kennedy. Ayes + Nays 0 Carried Resolution #15-815 Adjourn- Motion made by Councilor Sheldon to adjourn the public hearing. Seconded by Councilor Santoro. Ayes + Nays 0 Carried Respectfully submitted by Rebecca A. Lavery/Town Clerk dew d Zo 75\Page Town of Scriba Regular Session Page 1 ‘The Regular Session of The Town of Scriba Board was called to order by Supervisor Burdick who opened with the Pledge of Allegiance followed by the roll cal Supervisor Burdick (P) Councilor Kennedy (P) Councilor Sheldon (P) Councilor Santoro. (P) Councilor Girard (A) Others attending the meeting included the following: Jan Davison-Cemetery Superintendent Robert Greene- Resident ‘Mary Lou Noel- Building Inspector Kelly Barry- Resident Ken Buske-Town Constable Debbie Collins-Resident Brian Simoneau- Deputy Highway Superintendent Jeanne Barry- Resident Bob Kitts-Director of Water & Facilities Mike Myers- Resident Scott Shafer Dog Control/Highway Channel 3 & 5 news Roger Myers- Highway Superintendent Resolution #15-316 Minutes — Motion made by Councilor Kennedy for a resolution to accept the Minutes from the previous meeting held on 10.21.2015. Seconded by Councilor Sheldon Ayes + Nays o Carried Resolution #15-817 Reports ~ Motion made by Councilor Santoro for a Resolution to accept the Monthly reports which were received from the Town Supervisor, Town Clerk, Town Justice, Planning Board, Building Inspector, Constable, Dog Control Officer, Ordinance Enforcement Officer for Planning, Recreation Director, and Facility & Water Director. Seconded by Councilor Kennedy. Ayes + Nays 0 Carried Correspondence ~ None Announcements 1, Supervisor Burdick announced that The Dog Control Officer has completed his one year probation. He has done a great job. He is now a permanent Dog Contro! Officer. The Board thanked him for the wonderful job that he's done 2, Supervisor Burdick announced that the notification of the permanent close down of power operations at Entergy that we received today. At this point it is pretty saddening, This is usually the first step to the final process that they are definitely going to close down. It will be devastating to the taxing jurisdiction, It will be devastating for the Oswego and Mexico School Board. It will be devastating for the County and the Town and the loss of the 600 jobs for the people that work at Entergy. Our hearts go out to them ‘especially receiving this final news this time of year with the Holiday's coming. Attorney Kevin Caraccioli- Supervisor Burdick pointed out this is the first step in the final process of the plant closure. Ultimately leading to the decommissioning of the facility. Unfortunately, this is a long drawn out process that doesn't help the community. The Town is wondering where Governor Cuomo is and why he didn’t do more to assist the Town, County and School district with negotiations with Entergy. 76|Page Town of Scriba November 18, 2015 Regular Session 6:30pm Page 2 Entergy did offer to keep Fitzpatrick open in exchange for a timed closure of Indian Point in West Chester County. To me, that sounds like a pretty good deal. However, the Governor stated they were two separate issues. Attorney Caraccioli feels that the statement is pretty disingenuous. To have this situation fall on the people of Oswego County is really completely unfortunate. I cannot help but wonder if we were used by the Governor to try to extract the closure of Indian Point. We may never know, Supervisor Burdick stated we are all disappointed with it and the Town will need to make adjustments, Especially come budget time for 2017, Resolution #15-818 Agenda Item #1-Fiscal -Motion made by Councilor Kennedy for a resolution authorizing the repeal of local Law #8 of 2015 to override the tax cap. ~Town Attorney Kevin Caraccioli would like to clarify the Local Law is identified as #4, However, we have had a number of Local Laws that have been proposed. Orly two to date that have actually been filed in Albany. Therefore, this would be the third. If adopted tonight, most likely, this will be Local Law #3. Seconded by Councilor Sheldon, Ayes 4 Nayso Carried Resolution #15-819 Agenda item #2 Water & Sewer- Motion made by Councilor Sheldon for the Town Clerk, Rebecca Lavery, to re-levy water and sewer charges on property taxes for the year 2016. A list will be made with the individual's name, address and dollar amount to re-levy. Seconded by Councilor Santoro. Ayes + Nays o Carried Resolution #15-320 Agenda Item #8 Fire Protection- Motion made by Councilor Santoro for a resolution authorizing the Town Supervisor to enter into a 5 year Fire Protection Agreement. The contract will take effect January 1, 2016 through December $1, 2020 for the total cost of 1,5102,435.00 for 5 years. Breakdown per year: 2016-$808,000 2017-$312,120 2018-§$818,362 . 2019-$824,729 2020-$331,224 mone Supervisor Burdick asked the Board if everyone had a chance to review this agreement. They all answered yes. He asked Attorney Caraccioli, He also answered he had. Supervisor Burdick explained it is basically a 2% increase for each year. The fire department does a great job and the Town supports them 100%, Seconded by Councilor Kennedy. Ayes # Nays 0 Carried TI\Page Town of Scriba November 18, 2015 Regular Session 6:30pm Page 3 Resolution #15-321 Agenda #4- Highway- Discussion regarding the draft for a Labor Agreement between the Teamsters Local Union 317 and the Town of Scriba regarding a 1 year contract from January 1, 2016 through December $1, 2016, It will be a one year contract with the Teamsters. The Board didn’t have enough time to work on a 3-4 ‘year contract that we usually do due to the problems we're having establishing a tax base with the Nuclear situation, We are hoping at the end of this one year contract we will have more information about the money wwe will get. Councilor Kennedy asked if we could table this resolution until after the upcoming executive session regarding the Tax Litigation pending with Entergy. Motion made by Councilor Santoro to discuss this in executive session. Seconded by Councilor Kennedy. Ayes # Nays 0 Tabled Resolution #15-322 Agenda #5-Highway-Motion made by Councilor Santoro for a resolution authorizing the Town Supervisor to register the Town of Scriba with the NYS DMV License Event Notification Service (LENS) which is an automated reporting system for employees that operate Town vehicles. Seconded by Councilor Kennedy. ‘Supervisor Burdick explained the County has had this in effect for quite a while. He thinks itis time the Town also gets involved with this service from the DMV. There is no cost to the tax payer. It is a service that was created by the DMV to let municipalities or private business (they have to pay) to let the administration or the municipality know if there are any pending tickets that a person who drives our vehicles would be receiving. ‘The Board and Attorney Caraccioli has reviewed the service. Attorney Caraccioli stated in this day and age he thinks with rising insurance premiums related to employee conduct and use of automobiles and the fact that it doesn’t cost the Town anything to enroll it, he recommends adopting the resolution. Ayes + Nays 0 Carried Resolution #15-328 ‘Agenda #6-Fiscal-Motion made by Councilor Sheldon for a Resolution authorizing budgetary transfers as necessary to bring departmental accounts into balance for the end of year purposes. Seconded by Councilor Santoro. Ayes + Nays o Carried Resolution #15-324 Pay Bills ~ Motion made by Councilor Kennedy to pay the bills: General $172,158.53 TA $32,089.42 Highway Fund (DA) $306,696.29 Consolidated Ext. #6 (HW10) $00 Sewer Study Project (HG1440.4) $91.25 General Equipment(HC1620.2) $00 CoRt1 H2O Main Replacement(HSW1-8840.4) $00 Technology (HT1-1680.2) $00 Sherwood Knolls Lighting District(SL1) $309.77 Foxwood Farms Lighting Dist (SL2) $820.74 Skyline Drive Lighting Dist (SL3) $139.90 Victorian Heights Lighting Dist (SL4) $288.28 Bayshore Drive Lighting Dist (SL) $74.28 Brookwood Drive Lighting Dist (SL6) $124.70 7B Page Town of Scriba November 18, 2015 ‘Regular Session 6:30pm Page 4 Pay Bills Con't- Skyline Estates Sec Lighting (SL7) $271.98 Shady Lane Lighting Dist(SL8) $157.10 Consolidated Sewer (SS1) $96,636.50 Cons. Water Dist. (SW1) $59,578.94 Cons. Ext 6 (SW10) 300 Seneca Hill Water Dist. (SW2) $4,918.48 East/South Water Dist. (SW3) $19,697.62 Cons. Water Dist (SW4) $12,129.54 Volney Kingdom Ra. (SW40) $1,730.69 Volney Ext 1(SW41) $1,450.95 Volney Ext 1a (SW42) $474.82 Volney 176/48(SWas) $596.53 Volney Silk Rd (SW) $1,487.90 ‘Volney-Macdougall /CR6/CR45(SW45) $2,779.20 E/S Water Dist. Ext (SW) $30,760.67 New Haven Dist. 1 (SWs1) $2,985.35 New Haven Dist. 1(SWs2) $471.80 New Haven Dist. s(SW53) $5,210.98 ‘New Haven Dist. # (SWs4) $170.79 New Haven District 6(SW35) 354.79 Cons, Water Dist. Ext. @— Middle Rd, (SWe) $478.52 Churchill Ra. Water Dist. (SW7) 513.91 Cons, Water Dist. Ext. 4—Riker’s, etc. (SWs) $60.26 Cons. Water Dist. Ext. 5 (SW9) $09.54 Total $747,775.92 Seconded by Councilor Sheldon, Ayes + Nays 0 Carried Open Meeting- Jeannie Anne Brown- Ostrowski-s999 County Route 57 Jeannie is wondering what the Board is doing about the Town Highway Superintendent Elect. She asked if she is allowed to question the board, she feels like it was a fraudulent election. She feels as a tax payer that if the information was known, the votes would have come in a lot differently. She is hoping the Town and the ‘Town Attorney is looking into ways to correct the situation. She doesn't think that it is fair to the tax payers that a Superintendent Elect can't drive. She knows the issue has come up. She needs to know something is going to be done about this. Supervisor Burdick-Stated he appreciates her comments and at this point it is an ongoing investigation and the Board has nothing more concrete to report at this time. Jeannie Anne Brown-Ostrowski- States she is speaking for a lot of people in the Town. A lot of people asked if-she would come to this meeting and speak. It’s not just the popular people, it's her neighbors. It's the people of this Town. They really want something done about this. She just wanted to be heard. 79|Page Town of Scriba November 18, 2015 Regular Session 6:30pm Page 5 Resolution #15-325 Agenda #7-Executive Session-Motion made by Councilor Kennedy for a resolution to move into Executive Session regarding the Tax Litigation pending with Entergy and to discuss the one year contract draft with the Teamsters Local 317. Seconded by Councilor Santoro. 6:43pm. Ayes + Nays 0 Carried Resolution #15-326 Regular Session-Motion made by Councilor Kennedy for a resolution to come out of executive session, Seconded by Councilor Sheldon. 7:42pm. Ayes # Nays 0 Carried Agenda item #4- Highway- Labor Agreement with Teamsters Local $17. Supervisor Burdick explained the Board discussed this matter with Scot Shafer (Union Stuart) in regards to some changes in the tentative draft which they had originally done. Scott needs to speak to his members and will return to the Board with that information of the discussion on the changes. The Board needs to recess this meeting until Wednesday November 25", 2015 at 6:00pm. Resolution #15-327 Recess- Motion made by Councilor Kennedy to recess the regular board meeting to Wednesday November 255, 2015 at 6:00pm, Seconded by Councilor Santoro. tho Ayes# Nays 0 Carried 2 Recessed 7:44: pm Respectfully Submit al read Z es _ patel ‘Rebecca A. Lavery/Scriba Town Clerk 22 Zag 80| Page TOWN OF SCRIBA PUBLIC HEARING November 18, 2015 6:25 p.m, Call to Order Roll Call of Town Board Members 1, Motion to open Public Hearing for the purpose of repealing the Local Law #2 of 2015 to override the tax cap. “Town Attomey Kevin Caraccioli 2. Motion to close Public Hearing Adjourn TOWN OF SCRIBA ‘TOWN BOARD MEETING November 18, 2015 6:30 p.m. Call to Order Pledge of Allegiance Roll Call of Town Board Members ‘Minutes of Previous Meeting Reports, Correspondence, Announcements AGENDA 1, Resolution authorizing the repeal of Local Law #2 of 2015 to override the tax cap.-Town Attorney Kevin Caraccioli 2, Resolution authorizing the Town Clerk, Rebecca Lavery, to relevy water and sewer charges on property taxes for the year 2016. A list will be made with the individual’s name, address and dollar amount to relevy. © ~ Resolution authorizing the Town Supervisor to enter into a 5 year Fire Protection Agreement. The contract will be in effect from January 1, 2016 through December 31, 2020 with a total cost of $1,592,435.00 for the 5 years. Breakdown per year shown below. 2016- $306,000.00 2017-$312,120.00 2018-$318,362.00 2019-$324,729.00 3020-$331,224.00 Discussion regarding the draft for a Labor Agreement between the Teamsters Local Union 317 and the Town of Seriba regarding a 1 year contract from January 1, 2016 through December 31, 2016. . Resolution authorizing the Town Supervisor to register the Town of Scriba with the NYS DMV License Event Notification Service (LENS) which is an automated reporting system for employees that operate Town vehicles. 5. Resolution authorizing budgetary transfers as necessary to bring departmental accounts {nto balance for the end of year purposes. Motion to move into Executive Session regarding the Tax Litigation pending with Entergy and to discuss the one year contract draft with the Teamsters Local 317. PAY BILLS OPEN MEETING- All Speakers must sign in with the Town Constable and will be given a maximum 5-minute time allowance ADJOURN + SYRACUSE, NEW YORK 18204 + sure 101 + 500 PLUM street KIRWAN LAW FIRM, PC, © ~ STATE OF NEW YORK SUPREME COURT. OSWEGO COUNTY IN THE MATTER OF THE APPLICATION OF MICHAEL J. BARRY, Petitioner, vs. ‘TOWN OF SCRIBA, Responder EXHIBIT “D” : © 0 Town of Scriba November 25, 2015 Recessed Board Mig from 11.18.15 6:00pm Page 1 The Town of Scriba Board was called to order by Supervisor Burdick who opened with the Pledge of Allegiance followed by the roll call. Supervisor Burdick (P) Councilor Kennedy (P) Councilor Sheldon (P) Councilor Santoro (P) Councilor Girard (A) Others attending the meeting included the following: No One Resolution #15-528 ‘Agenda item #1 ~ Motion made by Councilor Kennedy to se.cpen the racessed-Fowe- earch tfecting trent Hexanbosispsoterteconded by Councilor Sheldon. Ayes # Nayso Carried Resolution #15-329 Agenda item #2 - Motion made by Councilor Sheldon for a Resolution to move into executive session regarding the proposed contract for 2016 with the Teamsters Local $1 7-amd-erongeingpasconinalinewte= Seconded by Councilor Santoro. 6:02pm Ayes + Nays 0 Carried Resolution #15-880 Agenda Item #3 -Motion made by Councilor Kennedy to come out of executive session. Seconded by Councilor Santoro. 7:25pm Ayes # Nays 0 Carried Supervisor Burdick stated the Board members have all been briefed on the few changes within the one year proposed contract with Local $17. The Town Attorney has everything prepared. Town Attorney Kevin Caraccioli explained it was an easier negotiation than years past. Teamsters recognized we had some unique situations with the power plants and the uncertainty of the future that greatly impacts on any type of long term contract that the Town would be able to enter into for the Highway Employees, The one year agreement is a good one for everyone and Attorney Caraccioli urges the Town to accept it. Resolution #15-331 Highway - Motion made by Councilor Santoro for a resolution authorizing Supervisor Burdick to enter into a cone year contract with Teamsters Local $17. Seconded by Councilor Kennedy. Ayes # Nays0 Carried Resolution #15-332 Highway orton mnte Dy COOMETON SHCTION TS ESTED PONTE eT ME Tester ater E ROA ition December 202015 at soda A Local Launabolishingthoclester-tticrttnpesintendaninetbishwwee Seconded by Councilor Santoro, See Attached proposed Local Law. Ayes + ‘Nays 0 Carried a1|Page © 8 SECTION 4 - ABOLITION OF THE ELECTIVE OFFICE OF TOWN HIGHWAY SUPERINTENDENT. The elective office of Highway Superintendent for the Town of Scriba is hereby abolished effective immediately and, in accordance with Musieipabtorretetettormr-seetiorr 29, upon the affirmative vote of a majority of the electors of the Town of Scriba duly qualified and voting at a special election to be held no less than sixty days after the adoption of this local law by the Town Board of the Town of Scriba, SECTION 5 - ESTABLISHMENT OF THE APPOINTIVE OFFICE OF TOWN HIGHWAY SUPERINTENDENT. In place and stead of the elective office of Town Highway Superintendent, the Town of Scriba shall have the appointive office of Town Highway Superintendent. The appointment will be made by the Town Supervisor and confirmed by the Town Board, SECTION 6 - SAVINGS CLAUSE. If any clause, sentence, paragraph, word, section or part of this Local Law shall be adjudged by any court of competent jurisdiction to be unconstitutional, illegal, ot invalid, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, word, section, or part thereof directly involved in the controversy in which such judgment shall have been rendered. SECTION 7- TERM OF OFFICE. The office of appointed Town Highway Superintendent shall fill the remainder of a four-year term of office from January 1, 2016 through December 31, 2019, consistent with Town Law, Section 20. SECTION 8 - REFERENDUM CLAUSE. Pursuant to Section 23 of the Municipal Home Rule Law this local law is subject to mandatory referendum on a date, time and manner to be determined by the Town Board for the Town of Seriba and in no case less than sixty (60) days from the date of the adoption of this local law by the Town Board, SECTION 9 - SEPARABILITY. Each separate provisions of this Local Law shall be deemed independent of all other provisions herein, and if any provisions shall be deemed or declared invalid, all other provisions hereof shall remain valid and enforceable. SECTION 10 - EFFECTIVE DATE. ‘This Local Law shall take effect immediately upon being filed in the Office of the Secretary of State in accordance with the provisions of Section 23 of the Municipal Home Rule Law. 2 © oe (Complete the certification in the paragraph that applies tothe filing of this focal law and strike out that which is not applicable.) 3. (Final adoption by referendum.) | hereby certify thatthe local law annexed hereto, designated as local law No. __$ of 2015 of the (County3(City)(Town)¢village) of _ Seria was duly passed by the ‘own Board on December 2, 2015, and was (approved)(netappreved) one latte Bo) {epassed-after disapproval) by the Town Supervisor ___on December 2.2015. Such ‘Blecne Chie Exctne Off") local law was submitted to the people by reason of a (mandatory)tpermissive) referendum, and received the affirmative vote of a majority of the qualified electors voting thereon atthe (general}specialennal) election held on February, 2016, in accordance with the applicable provisions of law. a me . ‘ aa ‘requesting referendum.) .od hereto, designated-as-toeal law-Ne-—————_———-of 20 hereby cortify-that the local law-annens oF the (County (City eTown (Village) of ly prise yt caoee ag {approved (net app + letive Chief Executive Officer means or includes the chief executive oficer of a county elected on a county-wide ‘basis or, if there be none, the chairperson ofthe county legislative body, the mayor ofa city or village, o the supervisor ‘ofa town where such oie is vested withthe power to approve of veto local laws er ordinances Co i) Town of Scriba November 25, 2015 Recessed Board Mtg from 11.18.15 6:00pm Page 2 Resolution #15-833 Recess- With nothing more to discuss a motion was made by Councilor Sheldon to Recess the Town Board Meeting from November 18, 2015 to December @, 2015 @ 5:00pm. Seconded by Councilor Santoro. Recessed 7:30pm Respectfully Submitted by: twhceve A. Lave Drees o0 cee Rebecca A. Lavery/Scriba Town Clem a2] Page © @ NEW YORK STATE DEPARTMENT OF STATE 99 WASHINGTON AVENUE, SUITE 600 ALBANY, NY 12231 Local Law Filing (Use this form to file a local law wi the Secretary of State.) Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter, County ity Town Village Local Law No.__s!* of the year 2015 of __Seriba A Local Law Abolishing the Elective Office of ‘Town Superintet Highways and Establishing the Appointive Office of Town Superintendent of Highways (inser Tite) Be it enacted by the _Town Board of the ‘ice of teilave Bodh] County City, Town Veite SECTION 1 - TITLE. This Local Law shall be known as A Local Law Abolishing the Elective Office of Town ighways and Establishing the Appointive Office of Town Superintendent of Superintendent of Highways SECTION 2 ~ AUTHORITY. This Local Law is adopted pursuant to Town Law Section 20, and Municipal Home Rule Law, Section 23. SECTION 3 ~ PURPOSE. ‘The purpose of this Local Law shall be to abolish the elective office of Town Superintendent of Highways and to establish the appointive office of Town Superintendent of Highways. " Local Law numbered for identification purposes only. (If any other authorized form of final adoption has been followed, please provide an appropriate certification.) | further certify that I have compared the preceding local law with the original on file in this office and thatthe same is a correet transcript therefrom and of the whole of such original local law, and was finally adopted in the manner indicated in paragraph 3, above. ‘ia aie canara By i, Tow, OTe ot REBECCA LAVERY, Town Clerk (eal) Date: (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized attorney of locality.) STATE OF NEW YORK COUNTY OF OSWEGO I, the undersigned, hereby certify thatthe foregoing local aw contains the correct text and that all proper proceeding have been had or taken forthe enactment of the local law annexed hereto, Signature KEVING. CARACCIOLT TOWN ATTORNEY Tie County ity town of Seta villoge Date: TOWN OF SCRIBA Public Hearing November 25, 2015 6:00 p.m, “Recessed Town Board Meeting from November!8, 2015* Roll call of Board Members 1. Motion to reopen the recessed Town Board Meeting from November 18, 2015 2. Motion to move into executive session regarding the proposed contract for 2016 with the Teamsters Local 317 and an ongoing personnel issue. 3. Motion to come out of executive session 4, Motion to adjourn ADJOURN 1+ SYRACUSE, NEW YORK 19004 NORWAN LAW FIRM, P26. + 50D PLUM STREET © o STATE OF NEW YORK SUPREME COURT. OSWEGO COUNTY. IN THE MATTER OF THE APPLICATION OF MICHAEL J. BARRY, Petitioner, vs. TOWN OF SCRIBA, Respondent EXHIBIT “E” ‘Town of Scriba Decomber2-2015— Public Hearing s:0opm Page1 Board Members Present: Others Attending: Supervisor Kenneth Burdick Bob Kitts-Water and Facilites Director Councilor Sheldon Kevin Caraccioli-Town Attorney Councilor Santoro Ken Buske-Town Constable Councilor Kennedy Jim Wellington-Planning Board Chairman Speakers: Jim Olenburg Jim Wellington ‘Donna Bennett Robin Davis Janet Stone Renee Lagoe Rob Sanaker Beverly Maxwell Linda Krackehl Kelly Lagoe Bob Dunsmoor Robin Davis. Stephen Harris, Jacobie Caracchio Supervisor Burdick opened the public hearing for the comments for or against Local Law #6 of the year 2016, A Local Law abolishing the elective office of the Town Superintendent of Highways and establishing the appointive office of Town Superintendent of Highways. ~Town Attorney Kevin Caracciol ‘Town Attorney Kevin Caraccioli explained the proposed Local Law #6 could change to 5 or 7 as the State assigns the numbers according to when they are submitted to the State. ‘The Town Board is proposing this Local Law and itis subject to the New York State Law which is the ‘Municipal Home Rule Law. This Law dictates the procedure as follows: 1, Town Board creating the Local Law. 2. Public Hearing 8. Adopt Local Law 4 Subject to mandatory referendum 45. Spevial Election - 60 days from day Law is adopted TF voters are in favor of the Local Law it becomes effective immediately. 6. Supervisor would establish an appointed position and would be confirmed by the Town Board. ie 7 * See ore ears ‘would be effective immediately following the affirmative vote and would continue for the balance of the existing term. IF this proposed Law is adopted and the majority vote is to approve the Local Law Ie will be sent to Albany, the secretary of State for filing and becomes effective immediately. ‘Attorney Caraccioli explained the procedure for everyone to have a chance to speak once the floor is open. a3}Page ‘Town of Scriba December 2, 2015 Public Hearing s:oopm. Page 2 Attorney Caraccioli explained the Local Law was prompted by the news of the elected Highway Superintendent and his legal problems. toe i : NYS has no recall provision. There is a provision in NYS Law to abolish the position of the elected Highway Superintendent and replace it with an appointed position, The NYS Law states the public has a right to put someone in office and in this case they have the right to change the position from is is what the Town Board is proposing, to give the people the opportunity to make thet decision. This is the origin behind the action that is being taken, Supervisor Burdick questioned the room if anyone hed any questions or comments regarding the subject of the public hearing, Jim Oldenburg-Spoke in favor of referendum. Suggested Mr. Barty resign from position to save the Town Board and Tax Payers from spending more money on the issue. ‘Donna Bennett- Undecided ifshe is for or against. However, does not want to give up her right to vote. Ms. Bennett posed the question, if this Local Law is not passed by the residents majority vote, does Mr. Barry remain in the position of elected Highway Superintendent? ‘Attorney Caraccioli explained if this proposed Local Law is adopted and is voted down by the residents the Highway Superintendent that was elected in November will remain in office. There is no recall provision in i f the residents vote for the position to be appointed, the lected Highway Superintendent is replaced with an appointed one. This is not a lifetime appointment. It will only be for the # year term. ‘The Board explained, if passed, this Local Law can be reversed after the initial 4 years and the position can go back to an elected position going thru this same process with the decision being in the power of the voters. Donna Bennett stated if the Local Law is adopted and voted in by the residents, which causes the position to be appointed, then it should be a civil service position with a test required and a passing within the top three of that position. Jean Barry - Against the appointed position, would like to keep her right to vote. Kelly Lagoe - The Board did silatashoopannectianelembysheldingrrineetingemMeremberronithout advertising and passed a resolution. The requirements of a Highway Superintendent, by Law, is being an 18 year old or older and a resident of Scriba, The position does not require a driver's license. Kelly's research was ‘unable to find within the Law where you can replace someone before their term is up. She asks who will be paying for the referendum if it goes to referendum and she would like to suggest the County runs the election so that itis done properly and fairly. Kelly read a letter given to her by-Gherke-biewitteln short, he is against the appointed position. Deb Collins - Does not want to give up right to vote. Linda Krackehl ~ Does not want to give up right to vote, 84) Page Town of Scriba December 2, 2015 Public Hearing s:oopm Page 3 Bob Dunsmoor~He does understand the position the board is in. Concerned about the money that has been spent on this issue. However, He does not want to give up right to vote. ‘Stephen Harris ~ Against Highway Superintendent Elect staying in office. ‘Jim Wellington — In favor of appointment. Robin Davis ~ Against appointment. Spoke to inform the residents what making the Highway Superintendents position appointed means. Do not have to disclose arrests until convicted, Expressed concern the amount of money being spent by the Town concerning this issue. Janet Stone- She is not giving up her right to vote. Renee Lagoe- Does not want to give up her right to vote. If there is vote, would like it to be run by the County. Asked Board how much the special election would cost the residents and will the salary remain $60,000 ifa new Highway Superintendent is appointed Rob Sanaker ~ Would like to retain his right to vote. Made a few recommendations to the Board concerning other options, Beverly Maxwell ~ Would not like to give up right to vote. Do not have to disclose arrests until convicted. How do we prosecute without due process. Expressed concern with the amount of money being spent by the ‘Town concerning this issue. : Kelly Barry ~ Questioned if there is a referendum will absentee ballots be accepted? Attorney Caraccioli stated there are different rules for special vs. general election. The Town will consult with the commissioners, The Town wants to give everyone a full and fair opportunity to weigh in on this issue. The election must be held at least 60 days after the Local Law is adopted, ‘Robin Davis ~ Made the suggestion to allow Mr. Barry to start the position in January. Wait 6-8 months. If he's not working out then pass this Local Law and spend the money on having the referendum, Resolution #15-334 Agenda item#2- Motion made by Councilor Sheldon to close the public hearing regarding Local Law #6 of 2018. Seconded by Councilor Kennedy. Ayes# Nays Another speaker entered from outside the room after the meeting was closed. He was allowed to speak Jacobie Caracchio - Not comfortable with Mr. Barry in office. Would like to retain his right to vote. a5 [Page Town of Scriba December 2, 2015 Public Hearing s:oopm Page 4 Closed 5:50pm Respectfully Submitted by. “Rh Lows te, [2-7 201 cca A. Lavery/Beciba Town GOK Board entered into # 10 minute recess before re-opening the recessed Town Board meeting from 11.18.2016 86 {Page © Town of Scriba December 2, 2015 Recessed Town Board Meeting from 11.18.2015 6:05 pm Page 1 Resolution #15-355 ‘Agenda item #1- Motion made by Councilor Kennedy to re-open the recessed Town Board Meeting from November 18, 2016. Seconded by Councilor Santoro, ‘Ayes NaysO— Carried Resolution #16-836 Agenda item #2-Motion made by Councilor for a resolution approving Local Law #6 ofthe year 2015, a Local Law abolishing the elective office of Town Superintendent of Highways and establishing the appointive office of Town Superintendent of Highways subject to a mandatory referendum. (Vote by roll call of the Seriba ‘Town Board). Councilman Sheldon Aye Councilman Kennedy Aye Councilman Girard Absent Councilwoman Santoro Aye ‘Supervisor Burdick Aye Resolution #15-337 ‘Adjourn- Motion made by Councilor Santoro to adjourn the recessed Town Board meeting from November 18, 2015. Seconded by Councilor Sheldon. Ayes#— Nayso Carried Adjourned 6:08pm Respecttully Submitted by. _ Lowe Date,_12_7: 2018 ‘Rebecca A. Lavery/Scriba Town Clerk a7] Page TOWN OF SCRIBA. PUBLIC HEARING December 2, 2015 5:00 P.M. ROLL CALL OF TOWN BOARD MEMBERS, 1. Motion to open the Public Hearing for the comments for or against Local Law #6 of the year 2015, A Local Law abolishing the elective office of the Town, ‘Superintendent of Highways and establishing the appointive office of Town. ‘Superintendent of Highways.- Town Attomey Kevin Caraccioli 2. Motion to close the Public Hearing regarding Local Law #6 of 2015. TOWN OF SCRIBA. December 2, 2015 *Recessed Town Board Meeting from November 18, 2015, ‘Time: Following Public Hearing 1, Motion to re-open the recessed Town Board Meeting from November 18, 2015. 2. Resolution approving Local Law #6 of the year 2015, a Local Law abolishing the elective office of Town Superintendent of Highways and establishing the appointive office of Town Superintendent of Highways. (Vote by roll call of the Scriba Town Board) MOTION TO ADJOURN + SYRACUSE, NEW YORK 19004 + soopuumerneer + IWAN LAW FIRM, PC o o STATE OF NEW YORK UPREME COURT OSWEGO COUNTY IN THE MATTER OF THE APPLICATION OF MICHAEL J. BARRY, Petitioner, vs. TOWN OF SCRIBA, Respondent. EXHIBIT “F” oe oe Tory Kirwan Town Cletk [olerk1 @scribany. org] Wednesday, February 24, 2016 1:38 PM ken Burdick: Jim Sheldon; Bradford Kennedy ; Eileen Santoro; Kelly Lagoe Subject: AMENDED MINUTES Attachments: 12.2.15AMENDEDPUBHRING pdt Hello Everyone, Ihave amended the December 2, 2015 Public Hearing Minutes to include the Petition received as an attachment. After speaking with my Records Management Officer, Connie Elen as to where | should file the petition, we decided the best place for this to be kept is attached to the Minutes. Per Records Management protocol a petition is usually kept with the project to which itis related. For example: a petition for an adjustment to a speed limit would be kept with the final determination. This petition is unique in that it isin relation to a proposed Local Law. The Local Law has not yet been adopted. ‘Therefore, itis an active petition. if the Local Law IS adopted all correspondence related to that Law is indexed with the Law, kept indefinitely, and easily found. Ifthe Law is NOT adopted, all correspondence is indexed under a general topic of proposed Laws not adopted, Connie and I felt this petition had enough importance to be filed in such a way it would be easily found if the Law was adopted or not. Therefore, Ihave amended the minutes to include the petition. In doing so, the petition will be kept indefinitely within ‘the minutes. If the Local Law is adopted, a copy will bé made and put with the adopted Local Law. Sincerely, Rebecca A, Lavery Scriba Town Clerk 42 Creamery Road Oswego, NY 13126 315-343-3375, Town of Scriba December 2, 2015 Public Hearing 5:00pm Paget Board Members Present: Others Attending: Supervisor Kenneth Burdick Bob Kitts-Water and Facilities Director Councilor Sheldon Kevin Caraccioli-Town Attorney Councilor Santoro Ken Buske-Town Constable Councilor Kennedy Jim Wellington-Planning Board Chairman Speakers: Jim Oldenburg Jim Wellington Donna Bennett Robin Davis Jean Barry Janet Stone Jim Barry Renee Lagoe Kelly Lagoe Rob Sanaker Deb Collins Beverly Maxwell Linda Krackehl Kelly Lagoe Bob Dunsmoor Robin Davis Stephen Harris Jacobie Caracchio Supervisor Burdick opened the public hearing for the comments for or against Local Law #6 of the year 2015. A Local Law abolishing the elective office of the Town Superintendent of Highways and establishing the appointive office of Town Superintendent of Highways. -Town Attorney Kevin Caraccioli. Town Attorney Kevin Caraccioli explained the proposed Local Law #6 could change to 5 or 7 as the State assigns the numbers according to when they are submitted to the State. ‘The Town Board is proposing this Local Law and it is subject to the New York State Law which is the ‘Municipal Home Rule Law. This Law dictates the procedure as follows: 1. Town Board creating the Local Law. 2, Public Hearing 3. Adopt Local Law 4 Subject to mandatory referendum 65. Special Election - 60 days from day Law is adopted: If voters are in favor of the Local Law it becomes effective immediately. 6. Supervisor would establish an appointed position and would be confirmed by the Town Board. 7. Iti intended that the appointed position would be in the unclassified civil service. The term of this office would be effective immediately following the affirmative vote and would continue for the balance of the existing term. If this proposed Law is adopted and the majority vote is to approve the Local Law It will be sent to Albany, the secretary of State for filing and becomes effective immediately. Attorney Caraccioli explained the procedure for everyone to have a chance to speak once the floor is open. 83|Page Town of Scriba December 2, 2015 Public Hearing s:oopm. Page 2 Attorney Caraccioli explained the Local Law was prompted by the news of the elected Highway ‘Superintendent and his legal problems, The Town Board has received a petition with over 100 signatures asking for the removal of the newly elected Highway Superintendent. NYS has no recall provision. There is a provision in NYS Law to abolish the position of the elected Highway Superintendent and replace it with an appointed position. The NYS Law states the public has a right to put someone in office and in this case they have the right to change the position from elected to appointed. This is what the Town Board is proposing, to give the people the opportunity to make that decision. This is the origin behind the action that is being taken. ~See attached Petition ‘Supervisor Burdick questioned the room if anyone had any questions or comments regarding the subject of the public hearing. Jim Oldenburg-Spoke in favor of referendum. Suggested Mr. Barry resign from position to save the Town Board and Tax Payers from spending more money on the issue. Donna Bennett- Undecided if she is for or against. However, does not want to give up her right to vote. Ms. Bennett posed the question, if this Local Law is not passed by the residents majority vote, does Mr. Barry remain in the position of elected Highway Superintendent? Attorney Caraccioli explained if this proposed Local Law is adopted and is voted down by the residents the Highway Superintendent that was elected in November will remain in office. There is no recall provision in NYS. If voted down the position remains elected. Ifthe residents vote for the position to be appointed, the elected Highway Superintendent is replaced with an appointed one, This is not a lifetime appointment. It will only be for the # year term, ‘The Board explained, if passed, this Local Law can be reversed after the initial 4 years and the position can go back to an elected position going thru this same process with the decision being in the power of the voters. ‘Donna Bennett stated if the Local Law is adopted and voted in by the residents, which causes the position to be appointed, then it should be a civil service position with a test required and a passing within the top three of that position. Jean Barry - Against the appointed position, would like to keep her right to vote. Kelly Lagoe ~The Board did violate the open meetings law by holding a meeting on November 25" without advertising and passed a resolution. The requirements of a Highway Superintendent, by Law, is being an 18 year old or older and a resident of Scriba. The position does not require a driver's license. Kelly's research was ‘unable to find within the Law where you can replace someone before their term is up. She asks who will be paying for the referendum if it goes to referendum and she would like to suggest the County runs the election so that itis done properly and fairly. Kelly read a letter given to her by Charlie Hewitt. In short, he is against the appointed position. Deb Collins - Does not want to give up right to vote. BAlPage Town of Scriba December 2, 2015 Public Hearing 5:00pm. Page 3 Linda Krackehl — Does not want to give up right to vote. Bob Dunsmoor He does understand the position the board is in, Concerned about the money that has been spent on this issue, However, He does not want to give up right to vote. Stephen Harris - Against Highway Superintendent Elect staying in office. ‘Jim Wellington — In favor of appointment. Robin Davis ~ Against appointment. Spoke to inform the residents what making the Highway Superintendents position appointed means. Do not have to disclose arrests until convicted, Expressed concern with the amount of money being spent by the Town concerning this issue. Janet Stone- She is not giving up her right to vote. Renee Lagoe- Does not want to give up her right to vote. If there is a vote, would like it to be run by the County. Asked Board how much the special election would cost the residents and will the salary remain $50,000 if a new Highway Superintendent is appointed, Rob Sanaker ~ Would like to retain his right to vote. Made a few recommendations to the Board concerning other options. Beverly Maxwell ~ Would not like to give up right to vote. Do not have to disclose arrests until convicted. How do we prosecute without due process. Expressed concern with the amount of money being spent by the ‘Town concerning this issue. Kelly Barry ~ Questioned if there is a referendum will absentee ballots be accepted? Attorney Caraccioli stated there are different rules for special vs. general election. The Town will consult with the commissioners. The Town wants to give everyone a full and fair opportunity to weigh in on this issue. The election must be held at least 60 days after the Local Law is adopted. Robin Davis ~ Made the suggestion to allow Mr. Barry to start the position in January. Wait 6-8 months, If he's not working out then pass this Loca] Law and spend the money on having the referendum. Resolution #15-834 Agenda item#2- Motion made by Councilor Sheldon to close the public hearing regarding Local Law #6 of 2018, Seconded by Councilor Kennedy. ‘Ayes + ‘Nays 0 ‘Another speaker entered from outside the room after the meeting was closed. He was allowed to speak. ‘Jacobie Caracchio- Not comfortable with Mr. Barry in office, Would like to retain his right to vote: 85 [Page Town of Scriba December 2, 2015 Public Hearing s:oopm. Page 4 Closed 6:50pm Respectfully Submitted by: Arrn ddl ee el Law pate, 2-94 -20Ily ‘Rebecca A. Lavery/Scriba Town Clerk Board entered into a 10 minute recess before re-opening the recessed Town Board meeting from 11.18.2015 86 |Page We; the Residents of the Town of Scriba , respectfully request the Town Board to pursue legal action to remove the Newly Elected Highway Superintendent. Mr. Michael Barry deceived voters by not disclosing the pending DWI he received on July 26, 2015, prior to the election, thus jeopardizing his CDL making it impossible to fulfil his role as Highway Superintendent. Diener Gong en Mawat, el bird Ll Jo 15 Det Pompe thee | A betes yg Onda, 74.45 [Ps A (-40- bal 2 Barbed Solar A og Luh doc IS Di tover bE autetlp 2055 Coe Bo: IF Dep. mn 20-15 | a 20-15 Bu Mua CM-Bo. 2 (LJ? 5 hint DLL bed IS fu} A_tit0-15| (92 PS be) aris Lan kifiraf’ I-20 | Kad Henle “dfs MoD Ne th Ee We ts d Git COS retort Duiddga lh Lays Shik Gad [tet | Ch Pitta IIS OP Shek -204Sloyea ela 29s Ge fF a em VET. pl-Qo- IT Tote! -43 We; the Residents of the Town of Scriba,, respectfully request the Town Board to pursue legal action to remove the Newly Elected Highway Superintendent. Mr. Michael Barry deceived voters by nat disclosing the pending DW! he received on July 26, 2015, prior to the election, thus jeopardizing his COL making it impossible to fulfil his role as Highway Superintendent. We; the Residents of the Town of Scriba , respectfully request the Town Board to pursue legal action to remove the Newly Elected Highway Superintendent. Mr. Michael Barry deceived voters by not disclosing the pending DWI he received on July 26, 2015, prior to the election, thus jeopardizing his CDL making it impossible to fulfill his role as Highway Superintendent. yuh Liye 2 We; the Residents of the Town of Scriba , respectfully request the Town Board to pursue legat action to remove the Newly Elected Highway Superintendent. Mr. Michael Barry deceived voters by not disclosing the pending DWI he received on July 26, 2015, prior to the election, thus jeopardizing his CDL making it impossible to fulfill his role as. Highway Superintendent. Tet -8 We; the Residents of the Town of Scriba , respectfully request the Town Board to pursue legal action to remove the Newly Elected Highway Superintendent. (Mr. Michael Barry deceived voters by not disclosing the pending DWI he received on July 26, 2015, prior to the election, thus jeopardizing his CDL making it impossible to fulfill his role as Highway Superintendent. 7_Deniee France Till -7 ‘We; the Residents of the Town of Scriba , respectfully request the Town Board to pursue legal action to remove the Newly Elected Highway Superintendent. Mr-"Michael Barry deceived voters by not disclosing the pending DWI he received on July 26, 2015, prior to the election, thus jeopardizing his CDL making it impossible to fulfil his role as Highway Superintendent. + SYRACUSE, NEW YORK 19204 + soo PLUM STREET + SUITE 101 KORWAN LAW FIRM, PC. o oO STATE OF NEW YORK SUPREME COURT OSWEGO COUNTY. IN THE MATTER OF THE APPLICATION OF MICHAEL J. BARRY, Petitioner, vs. ‘TOWN OF SCRIBA, = Respondent. EXHIBIT “G” Town of Scriba February 17, 2016 Regular Session 6:30pm Page 1 ‘The Regular Session of The Town of Scriba Board was called to order by Supervisor Kenneth Burdick who opened with the Pledge of Allegiance followed by the roll call. Supervisor Burdick (P) Councilor Santoro (P) Councilor Shelton (P) Councilor Lagoe (P) Councilor Kennedy (P) Others attending the meeting included the following: Ken Buske- Town Constable Mary Lou Noel-Building Inspector Bob Kitts- Director of Water and Facilities Jen Cory - Deputy Town Clerk ‘Seth Wallace- Palladium Times Jim Wellington-Planning Board Chairman Peggy Michael-SACC Mary Lou Noel- Building Inspector Resolution #16-7 Minutes — Motion made by Councilor Kennedy for a resolution to accept the Minutes from the previous meeting held on 1.20.16. Seconded by Councilor Sheldon, Ayes 5 Nays.0 Carried, Resolution #16-8 Reports ~ Motion made by Councilor Sheldon for a Resolution to accept the Monthly reports which were received from the Town Supervisor, Town Clerk, Town Justice, Planning Board, Building Inspector, Constable, Did not receive report from Dog Control, Ordinance Enforcement Officer for Planning, Recreation Director, and Facility & Water Director. Seconded by Councilor Santoro. Ayes 5 Nays 0 Carried Correspondence - None Announcements - 1, Supervisor Burdick reminded the room there is to be no speaking while the Board is conducting their meeting. If someone chooses to speak they are to sign up and are given 5 minutes. If someone speaks outside the allotted time, they will be escorted out, Resolution #16-9 ‘Agenda Item #1 ~ Motion made by Councilor Kennedy for a resolution to consider bids for gravel, cutting, ‘edges, grader blades, snowplow shoes, corrugated pipe and pipe arches for the Town Highway Department. Supervisor Burdick explained this bid is requested every year. Each year for the past few years the same two businesses place their bids. Although $ bids were not received The Board and Michael Barry, Highway Superintendent agreed it is reasonable to except the bids. In previous years after sending out for re-bid the number of bidders remain the same. Town Attorney Caraccioli stated from a legal stand point itis ok to accept the bids. “The following sealed bids were received and accepted for the purchase of Highway gravel, grader blades, cutting edges, snowplow shoes, & Pipe: 7[Page Town of Scriba January 20, 2015 Regular Session 6:30pm Page 2 Bids Con't- Lindsey Aggregates Inc: Ttem 1: Minus %' crushed gravel $9.50 Item 2: Minus 2” crushed gravel $9.50 Item 8: Bank Run Gravel $4.00 Babcock Highway Supply: 501-40SB Frink one-way plow cutting edge, 5/8" thick, 8" punch $120.00 501-402B Frink one way plow carbide inserts, 8° punch-ESCO $695.00 5014-40SB Frink one-way plow cutting edge, 5.8” thick, 12" punch $140.00 5014-SB Frink one-way plow carbide inserts, 12" punch- ESCO 3695.00 2121-Ri2 Frink 12° wing cutting edge-5/8" bolts, 5/8" thick, 8” punch $131.70 2121-F 12 Frink 12" wing cutting edge 5/8" bolt, 5/8" thick, 12” punch $105.00 12” rubber wing edges $825.00 14” rubber wing edges $385.00 Blades for Frink 14° wing, 5/8” thick, 8” punch $125.00 Blades for Frink 14° wing, 5/8" thick, 12” punch $140.00 Under body cutting edges, 5/8” x 6" x 60" — Kennametal or equivalent $365.00 Grader blades 5/8" x 6” x 72" $65.00 Grader blades 5/8" x 6” x 84” $75.85 Grader blades 1” x 8" x 72" $168.00 Grader blades 1" x 8” x 84” $195.00 Frink F-60003-1 or equal 8° wing shoe $42.00 Frink F-60008-1 or equal 9” wing shoe $42.00 Frink F-60003-1 carbide 8" wing shoe $125.00 Frink F-60003-1 Carbide 9” wing shoe $126.00 Frink 0047-19 wing shoe steel $45.00 Frink 004-7-19 wing shoe-cast $66.00 Frink 0047-1 plow shoe-steel $62.00 Frink 004-7-1 Plow shoe-cast $42.00 Frink COV-409 plow shoe-steel $75.00 Frink COV-409 plow shoe-cast $75.00 3027-1A moldboard shoe $48.00 3027-14 carbide $165.00 Babcock Highway Supply: 12" smooth interior corrugated plastic pipe sa.ssft 15" smooth interior corrugated plastic pipe S6.53ft 18" smooth interior corrugated plastic pipe $9.87 24" smooth interior corrugated plastic pipe si4saft 30" smooth interior corrugated plastic pipe $23.50ft 86" smooth interior corrugated plastic pipe s80.45ft 448" smooth interior corrugated plastic pipe 351.80 Seconded by Councilor Lagoe. Ayes 5 ‘Nays 0 Carried 8[Page Town of Scriba February 17, 2016 Regular Session 6:30pm Page 3 Resolution #16-10 Agenda item #2- Motion made by Councilor Santoro for a resolution in support of NYS Assemblyman Barclay and NYS Senator Ritchie sponsoring two bills to establish the zero carbon emission tax credit which ‘would allow the James A. Fitzpatrick Nuclear plant to receive a 60 Million dollar tax credit to hopefully keep the plant in operation. — Town Attorney Kevin Caraccioli explained the benefits of supporting the 60 Million dollar tax credit. Attorney Caraccioli urged the Board to pass this resolution. Seconded by Councilor Kennedy. Ayes 5 Nays 0 Carried Resolution #16-11 ‘Agenda item #$-Recreation -Motion made by Councilor Sheldon for a resolution authorizing Bob Kitts to purchase a new Whisper Flo 1.6 HP pump for the kiddie pool, cost $785.00 and a C-series bronze 5 HP pump for the main pool for $6,600.00 for Scriba Town Park Improvements. This would be paid from the Recreation ‘Account by doing a budget modification moving $7,385.00 from budget line A7140.4 (Recreation Contractual) to A71402 (Recreation Equipment), Supervisor Burdick explained the Board did budget this money during the budget process. Bob Kitts explained there is a three year warranty on the pump. Seconded by Councilor Santoro. Ayes 5 Nays 0 Carried Resolution #16-12 Agenda item #4-Water & Facilities- Motion made by Councilor Sheldon for a resolution authorizing Bob Kitts to enter into an agreement with Paygov.us to allow water payments to be paid online with a credit card. This service is at no cost to the Town. Bob Kitts explained payments may also be taken over the phone. Seconded by Councilor Kennedy. Ayes 5 Nays 0 Carried Resolution #16-13 Agenda item #5- Finance -Motion made by Councilor Kennedy for a resolution establishing a hiring freeze on all permanent, fulltime position of employment with the Town of Scriba effective until further notice. Supervisor Burdick explained why the Board is looking into this is because of the loss of revenue from Nine Mile 1 & 2 due to the PILOT Agreement and the potential loss due to the closing of Fitzpatrick or the loss of revenue if they do stay open. We have been in litigation for the past five years because the plants have been paying their taxes in full instead of with a PILOT Agreement. Once the judge decides we may need to give them money back which will be in the millions with an additional 6% in penalties. Councilor Lagoe questioned the Board if the Highway would be able to fill the two upcoming open spots due to workers retiring. Supervisor Burdick answered no, not will full time positions as stated earlier. The Highway Superintendent would be able to hire part time workers to fill the spots if'needed. Councilor Lagoe questioned the procedure of which the Highway Superintendent follows to hire a new employee. Supervisor Burdick explained the ‘Superintendent of Highways chooses who he'd like. He has them fill out an application. It is then presented to the Board. If the Board approves the Highway Superintendent has the final decision if the person is hired. Seconded by Councilor Santoro. Ayes 4 Nays 1 Carried 9|Page ‘Town of Scriba February 17, 2016 Regular Session 6:30pm Page 4 Resolution #16-14 Executive Session-Motion made by Councilor to move into Executive Session to discuss matters leading to the appointment, employment, promotion, demotion, discipline, suspension, dismissal or removal of a particular person within the Town Highway Department. Seconded by Councilor. 6:55pm Ayes 5 Nays 0 Carried Resolution #16-15 Executive Session- Motion made by Councilor Kennedy to exit Executive Session. Seconded by Councilor Sheldon, Ayes 5 Nayso Carried Resolution #16-16 Motion made by Councilor Sheldon. Supervisor Burdick explained the mandatory referendum concerning proposed Local Law #6 of 2015 was discussed in the Executive session. According to the Board of Elections in Albany the residents that are out of Town need to personally register for an absentee ballot. The Board has come to the conclusion that there would be too many people left out of the election. Therefore, a resolution has been proposed to change the date of the special election to November 8", 2016 which is the date of the general election. This is a Presidential Election Year. Attorney Caraccioli explained that after consulting with the County & State Board of Elections the biggest logistical challenge for the Town was going to be insuring that everyone that wished to vote by absentee ballot were given that opportunity. By changing the date to November 8, 2010 ttr-Coumty-willbe-sanningthectecttnThere is no time limit as to how long after the adopted Local Law that the vote needs to occur. Therefore, it is within the Law to postpone the vote until ‘November. Seconded by Councilman Kennedy Ayes + ‘Nays 0 Recused 1 Carried Announcement: Supervisor Burdick would like to be transparent to the residents on an issue that arose. He explains he received an anonymous call questioning why a Mr. Ronald Worden, a registered sex offender, was driving a Town highway truck. Supervisor Burdick explained he did not know at the time as there was no cone with this name on the payroll. After some research Supervisor Burdick found he was listed as a NYS sex offender, level Il, for the last 20 years. Supervisor Burdick asked Highway Superintendent Michael Barry if he ‘meant to hire this man. Mr. Barry answered yes, this morning. Through conversation, Mr. Barry stated he did not know he was a sex offender and did not realize the process he needed to go through to hire someone. ‘Supervisor Burdick explained the process for hiring and instructed Mr. Worden to be removed from the Highway truck. Highway Superintendent did remove Mr. Worden from the Highway truck, To be clear, Mr. ‘Worden was never an employee of the Town due to no paperwork ever being filed to add him to the list of employee's. He was removed from the Highway Truck the very same day. Resolution #16-17 Pay Bills — There was a discussion between Supervisor Burdick and Councilor Lagoe concerning how the Board Members know if there are changes made to the bills after the audit and before they are approved in the meeting. Motion made by Councilor Sheldon to pay the bills: General $118,693.09 TA $48,570.70 Highway Fund (DA) $79,750.66 Consolidated Ext. #6 (HW10) $00 Sewer Study Project (HG1440.4) 300 10] Page Cc Town of Scriba ‘Regular Session Pages Pay Bills Con't- General Equipment(HCi620.2) CoRt1 H20 Main Replacement(HSW1-8840.4) Technology (HT 1-1680.2) Sherwood Knolls Lighting District(SL1) Foxwood Farms Lighting Dist (SL2) Skyline Drive Lighting Dist (SL3) ‘Victorian Heights Lighting Dist (SL4) Bayshore Drive Lighting Dist (SLs) Brookwood Drive Lighting Dist (SL6) Skyline Estates Sec Lighting (SL7) Shady Lane Lighting Dist(SL8) Consolidated Sewer (SS1) Cons. Water Dist. (SW1) Cons. Ext 6 (SW10) Seneca Hill Water Dist. (SW2) East/South Water Dist. (SW) Cons. Water Dist (SW4) Volney Kingdom Rd. (SW40) Volney Ext 1(SWé1) Volney Ext 1a (SW42) Volney 176/45(SW43) Volney Silk Rd (SW44) Volney-Macdougall/CR6/CR4s(SW45) E/S Water Dist. Ext 1(SWs) ‘New Haven Dist. 1 (SW51) ‘New Haven Dist. 1(SW52) ‘New Haven Dist. s(SWs3) ‘New Haven Dist. 4 (SW54) New Haven District 6(SW55) Cons. Water Dist. Ext. 2 - Middle Rd. (SW6) Churchill Ra. Water Dist. (SW7) Cons, Water Dist. Ext. 4— Riker's, etc. (SWs) Cons. Water Dist. Ext. 5 (SW8) Total ‘Seconded by Councilor Kennedy. Ayes 5 Nays 0 Open Meeting — Speakers: Jason Steele Robin Davis 1] Page February 17, 2016 6:30pm $00 $00 $00 $344.94 $888.23, $00 $904.48 $90.10 $193.81 $291.78 $167.97 $95,486.50 $47,011.28 $18.08 $1,537.40 $249,211.92 $8,007.18, $1,058.97 $903.41 $121.18 $903.28 $459.98 $805.28 $10,895.77 $585.12 365.67 $6,890.82 $147.79 $974.61 $60.17 $4,817.42 $300.71 $25,267.68 $685,277.23, Carried Town of Scriba February 17, 2016 ‘Regular Session 6:30pm Page 6 ‘The following topics were discussed during the open meeting: 1. Proposed Sewer Project 2, Petition was submitted asking the Scriba Town Board to “please rescind the referendum of changing the current position of Scriba Town Highway Superintendent from an elected position to an appointed one and save the taxpayers thousands of dollars.” -see attachment. Resolution #16-18 Regular Session- Motion made by Councilor Sheldon to adjourn the regular session. Seconded by Councilor Santoro. Ayes 5 Nays 0 Adjourned Adjourned: 7:40pm az] Page © a At a regular meeting of the Town Board held in and for the Town of Seriba on February 17, 2016 at the ‘Municipal Building at 6:30 p.m. RESOLUTION #16-16 RESOLUTION ESTABLISHING MANDATORY REFERENDUM DATE WHEREAS, the Town Board for the Town of Scriba has adopted Local Law No. 6 of the year 2015, a local law abolishing the elective office of Town Superintendent of Highways and establishing the appointive office of Town Superintendent of Highways; and WHEREAS, the local law is subject to a mandatory referendum pursuant to New York State Town Law, Section 20, and the Municipal Home Rule Law, Section 23; and WHEREAS, in order to maximize the number of eligible voters allowed to cast their ballot regarding this matter, and permit the Oswego County Board of Elections to conduct the vote, it is best to schedule this vote to be held during the general election scheduled for November 8, 2016; and NOW, THEREFORE, upon motion duly made by Board Member Sheldon and seconded by Board Member Kennedy, it is and shall hereby be RESOLVED, that the Town Board hereby establishes that Local Law No. 6 of 2015, a local law abolishing the elective office of Town Superintendent of Highways and establishing the appointive office of Town Superintendent of Highways, shall be determined by mandatory referendum to be held at the general election scheduled for November 8, 2016; and itis further RESOLVED, that the Oswego County Board of Elections will handle the conduct of this mandatory referendum in the same manner as that of all other matters to be decided during the November 8, 2016, general election; and it is further RESOLVED, that the Town Supervisor and Town Attomey are authorized to coordinate this mandatory referendum with the Oswego County Board of Elections and provide the Town ‘Board with a periodic reports on the conduct of this vote Motion having been made and seconded was adopted by the Town Board members present constituting a quorum in accordance with the following roll call vote: KENNETH E. BURDICK, Supervisor faye] JAMES SHELDON, Deputy Supervisor [Aye] BRADFORD KENNEDY, Councilman faye] EILEEN SANTORO, Councilwoman [Aye] KELLY LAGOE, Councilwoman [Abstained) ated: Eehmary 17,2015 — 2 Lecce A Z a Rebecca A. Lavery, Town Clerk © oe ‘At a regular meeting of the Town Board for the Town of Scriba held the 17 day of February, 2016 at the Town Hall located at 42 Creamery Road, Seriba, New York. RESOLUTION #16-10 WHEREAS, the James A. FitzPatrick Nuclear Power Plant is scheduled to close in late 2016 or early 2017, and WHEREAS, the closure of this facility would be financially devastating to the economy of the County of Oswego and the Town of Scriba, and. WHEREAS, State Representatives, Assemblyman William A. Barclay and Senator Patty Richie, are sponsoring two bills in an effort to keep the James A. FitzPatrick Nuclear Power Plant open, and WHEREAS, New York State Assembly Bill A9033 and New York State Senate Bill $6476 would implement a “Zero Carbon Emission Investment Program” which would make nuclear plants eligible for zero-carbon emission payments, funded by utility ratepayers, comparable to the renewable energy credits eamed by wind and hydro-power facilities, and WHEREAS, New York State Assembly Bill A8688 and New York State Senate Bill $6477 establishes the “Zero Carbon Emission Tax Credit” and would allow the James A. FitzPatrick Nuclear Power Plant to receive a Sixty Million Dollar tax credit, and WHEREAS, the Town Supervisor of the Town of Scriba and the Town Board for the Town of Seriba express their official support of these bills as a way to keep the James A. FitzPatrick Nuclear Power Plant from closing, now, therefore, be it RESOLVED, that the Town Supervisor of the Town of Scriba and the Town Board for the Town of Scriba express their official support of New York State Assembly Bill A903 and New York State Senate Bill $6476 which would implement a “Zero Carbon Emission Investment Program” and New York State Assembly Bill A8688 and New York State Senate Bill 86477 which would establish the “Zero Carbon Emission Tax Credit”, and be it further RESOLVED, that the Town Supervisor of the Town of Scriba and the Town Board for the Town of Scriba urge the New York State Legislature to pass the above mentioned legislation ‘and also urge Governor Cuomo to sign this legislation into law in an effort to secure the future of the James A. FitzPatrick Nuclear Power Plant. Motion having been put to a vote of the Town Board members present and constituting a ‘quorum was adopted in accordance with the following roll call vote: KENNETH E. BURDICK, Supervisor [Aye] JAMES SHELDON, Deputy Supervisor [Aye] BRADFORD KENNEDY, Councilman [Aye] EILEEN SANTORO, Councilwoman [Aye] KELLY LAGOE, Councilwoman Taye] Dated: February 17, 2016 hw A an Rebecca A. Lavery, Town Clerk CERTIFICATION STATE OF NEW YORK —) COUNTY OF OSWEGO ss. TOWN OF SCRIBA ) I, Rebecca A. Lavery, Town Clerk of the Town of Scriba, Oswego County, New York, DO HEREBY CERTIFY that the following resolution was duly passed by the Town Board of the Town of Seriba on this 22 day of February, 2016. Bane A Zu Rebecca A. Lavery, Town Clerk ‘Town of Scriba, New York © eo At a regular meeting of the Town Board held in and for the Town of Scriba on February 17, 2016 at the Municipal Building at 6:30 p.m. RESOLUTION 16-13 RESOLUTION ESTABLISHING A HIRING FREEZE WHEREAS, the Town Board for the Town of Scriba adopted the 2016 Town Budget which anticipated certain revenue generated from the nuclear power plants located within the town; and WHEREAS, based upon the latest developments and the announcement by Entergy Comp. that it intends to close its James A. FitePatrick nuclear power plant by the end of 2016 or early 2017; and WHEREAS, Entergy continues to oppose the real property tax payments it pays to the town, county and school district, and five (5) years of litigation is scheduled for trial in May of this year, with the potential for tax refunds to be paid out by the tax jurisdictions calculated to be in the millions of dollars; and WHEREAS, the Town Board believes it is financially prudent to invoke a hiring freeze of all non-essential, permanent positions employed by the Town of Scriba until further notice; NOW, THEREFORE, upon motion duly made by Board Member Kennedy and seconded by Board Member Santoro, it is and shall hereby be RESOLVED, that the Town Board hereby establishes a hiring freeze on all permanent, full-time positions of employment with the Town of Scriba, affecting every department of the town government, until further determinations by the Town Board; and it is further RESOLVED, that any request for reconsideration of this policy must be presented to the ‘Town Supervisor, as the Chief Financial Officer of the Town of Scriba, and approved by the ‘Town Board; and it is further RESOLVED, that any violation of this policy will result in the employment position being declared null and void and unenforceable. Motion having been made and seconded was adopted by the Town Board members present constituting a quorum in accordance with the following roll call vote: KENNETH E. BURDICK, Supervisor [Aye] JAMES SHELDON, Deputy Supervisor [aye] BRADFORD KENNEDY, Councilman [Aye] EILEEN SANTORO, Councilwoman Taye] KELLY LAGOE, Co [Nay] Dated: February 17, 2015 KA L eo A LN Rebecca A. Lavery, Town Clerk es Ithe undersigned, do hereby state that | am a registered voter of the Town of Sctita, that present place of residence is truly stated opposite my signature hereto, and tiat ' do hereby'~ petition that the following question be placed before Ken Burdick and the whole Scriba Town Board: Would the Scriba Town Board please rescind the referendum of changing the current position of Scriba Town Highway Superintendent from an elected position to an appointed one and save the taxpayers thousands of dollars, FEB 17 26 ms Name(print) Signgture Address. pate Tames W Barry es -tofieaaye estassniny Le Lisle che bags. Zh By 1a TCeecssel tle. hosel DarmeeucAs, Wea eg 7? Casares KB \yashe laa/i Pitan O.Barepidannacrfaaars, Yo Caachi ; O53 C Keaton, Ki) enna M. Schaser vr basen Mohn 4 lackcoul Sv9 Sate Mi lTarnsgchdachso [Pip pict 599 shite Wf 104 brie Denice Caria Muse Capris 2 tela Ad L311 Gare Capris Te \+3r-4é) asi Hohe te (fos ASL. W24 CoRAY bert [Havok L oh oe —-h ALY leh Reger L Tohwser Large fbn os dle a Lipase) Depa) 1k Gredbn Le. Koval Vorder ukrgh— 56S 3 5} KF joy ce Erna Dawis 4a lot ch Rt 24 bole an I,the undersigned, do hereby state that | am a registered voter of the Town of Scriba, that my present place of residence is truly stated opposite my signature hereto, and that I do hereby Petition that the following question be placed before Ken Burdick and the whole Scriba Town Board: ‘Would the Scriba Town Board please rescind the referendum of changing the current position of Scriba Town Highway Superintendent from an elected position to an appointed one and save the taxpayers thousands of dollars. / J f J Name(print) Signature Address pate Cy \ apelf 4412. Oconrer @ 2 Kishen Dol) Jagd H12.0'Commnar Vell fF La aus | 319 Ca.RIAP __|fo}) y ( Celi qr omen A fifled ohn “lesen sence beer pe fd ola [Is (aurd T.Veemin Lora | nos yidile Ro \i3t ocean ‘ner 1105 Middle Kd. \-Setp Droanra Saxton, Ny Ir (Puresa Strong 10oz Middle Rd —_b-ar-1ul ke ick SI ‘ 1062. maAdle RA |p-3-n Saydia Upc Gg Y lauat corer rate led | Frond Hele | faut 13% 00 Rt £9 —_lifsy "Brenda. Lavery Prords. Faety, 319 Co & 2 led pine Comnces | Miz : b25 O'Conne 2d {e/2/i4 Georgeanna beck Bu _| 2. tdetle lap the undersigned, do hereby state that | am a registered voter of the Town of Scriba, that my present place of residence is truly stated opposite my signature hereto, and that I do hereby petition thatthe following question be placed before Ken Burdick and the whole Scriba Town Board: ‘Would the Scriba Town Board please rescind the referendum of changing the current position of Scriba Town Highway Superintendent from an elected position to an appointed one ‘and save the taxpayers thousands of dalars. on et ran eran [Rence Lagee 366. 0'Cuncae Kh__|iat Jpaie li le dle Cb fian. hawann Wake Ae sq, ‘Rats Prey Lager, CaN, sane [385 Cconared eto “hy TRY WW [39S Oconnce a tk) Ie 316 Coowmoendh Nahe B¥ bionior. Vg . \ D eaaiz cK Greptiicle | 322 Conner Rol\ 24, Soin wathus | Qh. P Sole 371 ocommn nd Love /PRrordo Cnle > Cake aaetathan hielo je. JA Molly cat G Leavae Stale. PPS MCky Ree tor sis WSo/h, SSR KS y Ithe undersigned, do hereby state that | am a registered voter of the Town of Scriba, that my present place of residence is truly stated opposite my signature hereto, and that I do hereby petition that the following question be placed befcre Ken Burdick and the whole Scriba Town Board: Would the Scriba Town Board please rescind the referendum of changing the current position of Scriba Town Highway Superintendent from an elected position to an appointed one and save the taxpayers thousands of dollars. Name(riny Signature ders oe IFRo ' vis ovine Qases (FIs) WiddQ RY, Oswrege 'b-YEse| 2| Thomas Feeling Heras Gabry 1a BS Cowwhy & 4 F /o| 37 *\Conitle Peeling Grictle Lelie | tres GR} 1 decxplilesi| Enea Sybase © Fn ue 2 orwey| Gxenqe Nodes ATF eucry RESTA. |7-6-lo Cito. Sours | Bares “wo ke ve Daun Sjmborsk| Bren, lem wide Re, ell Bree Hewitt 1 Ganon oT Bd ste “hed the undersigned, do hereby state that | am a registered voter of the Town of Seriba, that my present place of residence is truly stated opposite my signature hereto, and that! do hereby Pettion thatthe folowing question be placed before Ken Burdick and the whole Scriba Town Board: Would the Seriba Town Board please rescind the referendum of changing the current positon of Scriba Town Highway Superintendent from an elected positon to an appointed one and save the taxpayers thousands of dollars. 8, Name(print) Sy Signature Address Date. - | Lean LEY ape S& |¥3 mec Ware | Youll We 7 37 poiey ed Pe Rectal ADar i Wlea—> Sided, UH CARY. Di § wW priz | fy)! CAR a | Aa a, Z : ty | Aeciaasiae. ex hing | Dp acrnced lab fs MN OL 4 r H4fte} ol, a [84 cond, Coure SIA uxcrj Rte regi} Barb Chatto ny Ce. Lameld Kivtane ho. I the undersigned, do hereby state that | am a registered voter of the Town of Scriba, that my present place of residence is truly stated opposite my signature hereto, and that | do hereby Petition that the following question be placed before Ken Burdick and the whole Scriba Town Board: ‘Would the Scriba Town Board please rescind the referendum of changing the current position of Scriba Town Highway Superintendent from an elected position to an appointed one ‘and save the taxpayers thousands of dollars: Name(print) Signature Address Date Joho wv medolsk) LOE ae RT 29 te | Doe, lis 2 Sa dhs Lys te ep 53 (wa) Anyzha Sonn B3 Cee 53 |I3Hle Dames 0 Senshn B23 Cot G3 Wess hla | ? Libkhkidye |b Quth + -Wellnce U2 ach lidps lah 31th Nop lacs 2 Soa He ¥ IB2Gs RT SS = TA, Toseias wuss Mp Sat De Rneeds [41 evens Cit QAkoven, B13 @HI% bre MN S323c0kb 174 PIA Vidy BIBLSLIG WIM Wipesyee LED W387 Pofhl Lr, (Aeol A Smdh aot 1339. Cy RASS 28 Yomnie Lntlace Vounie ndlace atarbeh Cidge 15 [Dard Worere Pan OQubvfn Men Dbige RA Bish |ithe undersigned, do hereby state that | am a registered voter of the Town of Scriba, that my present place of residence is truly stated opposite my signature hereto, and that | do hereby petition that the following question be placed before Ken Burdick and the whole Scriba Town Board: ‘Would the Scriba Town Board please rescind the referendum of changing the current position of Scriba Town Highway Superintendent from an elected position to an appointed one and save the taxpayers thousands of dollars. emery Signature Adeross mae Gi | Dade. Reflea | 1s ccotane ta __|0: Chris Reif be Chretares Aku, Ls oConon RD zor ohn Coss abedi | fda A ffl’ 194 bccnnac A |-3 Ardea Shooldel Pee JH Comm GA \Pste es 2 _ YEAH | Dent Erte. | Don Enos 1480c0. RE | jbl Ben Enos BH fe | MoS Covely aed le [Kisloert Sounjeng: kilbAbrgu. 245 toolsen 16L a2 yy | Dassid L. Tuas | Dandl Cbrae— 1248 Cort | egwegs |) 3) b Robert LSauser | Ballot 2 dows r AIS wookeos Rk |iAtlk, . |ithe undersigned, do hereby state that | am a registered voter of the Town of Scriba, that my present place of residence is truly stated opposite my signature hereto, and that I do hereby Petition that the following question be placed before Ken Burdick and the whole Scriba Town Board: Would the Scriba Town Board please rescind the referendum of changing the current Position of Scriba Town Highway Superintendent from an elected position to an appointed one and save the taxpayers thousands of dollars. Nameprin Signature dsress pre Kevin Tie. Kove Tite 526 Dekel hege Pd _|2-Me [abet West | aero Seretier Conse | Neste Comin ZR DAh ody Ud [244 Q hacel Conus Ae 32> RL Qt eal beter Rock, wrod | 112 Poteh Bide 2 FA [tem 67 e Carblhle £3 |o-1¥l A eras Pr 695 (oe 3% arn Id Url Rory ob § Co AF £7 oy are gana, [nerennany BA bv I,the undersigned, do hereby state that | am a registered voter of the Town of Scriba, that my present place of residence is truly stated opposite my signature hereto, and that | do hereby petition that the following question be placed before Ken Burdick and the whole Scriba Town Board: ‘Would the Scriba Town Board please rescind the referendum of changing the current Position of Scriba Town Highway Superintendent from an elected position to an appointed one ‘and save the taxpayers thousands of dollars. Name(print) Signature Address. pate a Wonkson Rol an + FER echontZh. We 2 earn £2 paler. el i RobeiTl L, Sawyer Dat? Le LAs woslsov he. WM) Wiliam D. Websle| g=——— BR irsten RD lol Borie J. Nick : 7 w5Viden 6) ee (Vitec celd ACO HALCOAS ekeT UL Co owt (4 woodland wo efulih {8CSae Fults Jaya Rebeit T Stone | Rebskty She xs Tee Rue Bing [arn Ithe undersigned, do hereby state that lam a registered voter of the Town of Scriba, that my present place of residence is truly stated opposite my signature hereto, and that I do hereby petition that the following question be placed before Ken Burdick and the whole Scriba Town Board: ‘Would the Scriba Town Board please rescind the referendum of changing the current position of Scriba Town Highway Superintendent from an elected position to an appointed one and save the taxpayers thousands of dollars. Name(print) Signature Address Date LVL CORT Y OStub lar KIC . Salome Kine? Su fon KdZe ["#s3 cork Fee Reber te KLrul LAC. (Meira AREY 154" Melody Ness 4547 co.kh 4 bfis/k Allen’ Ness 247 RE Why Ses, OConn ed As Lumiwh Speddine $6 etl orce, oid EZ BAP at 59 Opurrga| Hse County Pouke 4 [Ally [Coie pectin, Miche cl. Sankord YEU Corfu Rode Y |2Ited ¥40_Cu. RT 53 tI \the undersigned, do hereby state that | am a registered voter of the Town of Scriba, that my present place of residence is truly stated opposite my signature hereto, and that | do hereby Petition that the following question be placed before Ken Burdick and the whole Scriba Town Board: ‘Would the Scriba Town Board please rescind the referendum of changing the current postion of Scriba Town Highway Superintendent from an elected position to an appointed one and save the taxpayers thousands of dallas. Name(print) Signature Address: pate ( | 4 b Q all Y) Boraid Qhinehart-| 1 gl ona Ai CoP ouge N._eell Eawl Sprdecs Lon bir— 209-7 Aonth- 1 Aauagey {alot may Sanders | Marg Gorden 207 G.Rt-} doaoas blob awl leyournf ane Ape 142 CLEP Rh owes ne Aecau Bacay [Eleanor Basse | YA CHEF be Quven |i nsend S Aasund YU Xam ypu ~Snstn ss Robeer Pe F Ps Were | 90 Madde RD a Iithe undersigned, do hereby state that | am a registered voter of the Town of Scriba, that my present place of residence is truly stated opposite my signature hereto, and that { do hereby Petition that the following question be placed before Ken Burdick and the whole Scriba Town Board: ‘Would the Scriba Town Board please rescind the referendum of changing the current position of Scriba Town Highway Superintendent from an elected position to an appointed one and save the taxpayers thousands of dollars. Name(prit) Signature Address pate Yas Das pa ISHS sr er oy Ha Cz | flan avs Lea SNo 049 Co Bt 24 oll [Cisse Bosse | Oud? Pret | log (oer 29 {Bulb Megnan Danis KALE SHSo Wer jor _|1/3ih Seen onze lhy LAA 20, StL EA cue 4 € Gest, Snaclat Osi 0a sta Stk wl € |ithe undersigned, do hereby state that | am a registered voter of the Town of Scriba, that my present place of residence is truly stated opposite my signature hereto, and that | do hereby Petition that the following question be placed before Ken Burdick and the whole Scriba Town Board: ‘Would the Scriba Town Board please rescind the referendum of changing the current position of Scriba Town Highway Superintendent from an elected position to an appointed one and save the taxpayers thousands of dollars. Name(prin\) Signature Address pate 1422. Ch RAS 1 foo 22. has Be sab Suze Vo \ithe undersigned, do hereby state that | am a registered voter of the Town of Scriba, that my present place of residence is truly stated opposite my signature hereto, and that | do hereby petition that the following question be placed before Ken Burdick and the whole Scriba Town Board: Would the Scriba Town Board please rescind the referendum of changing the current position of Scriba Town Highway Superintendent from an elected position to an appointed one and save the taxpayers thousands of dollars. Name(print) Signature. Address pate Teycem Upccaft] Braga MUpugt [Vos idwl 2d aug Torn’ S. Bollard | ottuas 5 Burrore. [oS Duve Qd. oswego 2/u/g Phones Billed Prue Qureig (suk RGdmuy bhp Pio N. sunard| C07] BU |S ove #0 cyvegy2 land Andrea M Barry | Ondesa Mtanud [BI Duke Rd Congo lable Dost E Ugeratt|Opotne & ue G8 Duke Ry Came 2) fi |the undersigned, do hereby state that | am a registered voter of the Town of Scriba, that my present place of residence is truly stated opposite my signature hereto, and that | do hereby Petition thatthe follawing question be placed before Ken Burdick and the whole Scriba Town Board Would the Scriba Town Board please rescind the referendum of changing the current postion of Scriba Town Highway Superintendent from an elected position to an appointed one and save the taxpayers thousands of dolars. Namely Sigatue Address ae Stag c eoiee| Chg 270 cake 25 Serihy VAM Vanet L Rages aL ges OGKE A) Scriba |b, [Dems tare as| 4 1970 CoRtarSeR 1Bp-| Wines [ane Lib ate fF Hh Ithe undersigned, do hereby state that | am a registered voter of the Town of Scriba, that my Present place of residence is truly stated opposite my signature hereto, and that! do hereby petition that the following question be placed before Ken Burdick and the whole Scriba Town Board: Would the Scriba Town Board please rescind the referendum of changing the current postion of Sctiba Town Highway Superintendent from an elected position to an appointed one and save the taxpayers thousands of dollars. Name(orint) Signature Address pate Kimber 'y Hye Ln ceertote, 290 Woolson Vor ¢ [Carissa Bayer |G yea. lay wool son ag CO [27/ Ie, Psat Hide | Ypres Hyde 1ox9 LI serge [ell [Be VL | Bree AKL 27G Weds 1) ‘el of | Uae BawA- |8l Duke Kal mn ~ |the undersigned, do hereby state that | am a registered voter of the Town of Scriba, that my Present place of residence is truly stated opposite my signature hereto, and that | do hereby petition thatthe following question be placed before Ken Burdick and the whole Scriba Town Board: ‘Would the Scrita Town Board please rescind the referendum of changing the current Position of Scriba Town Highway Superintendent from an elected position to an appointed one and save the taxpayers thousands of dollars, Nametprin Signatue Adtess res Horm Arty BECK, | Davi) Deane Ul Mibdee 1h | the undersigned, do hereby state that | am a registered voter of the Town of Scriba, that my Present place of residence is truly stated opposite my signature hereto, and that | do hereby petition that the following question be placed before Ken Burdick and the whole Scriba Town Board ‘Would the Scriba Town Board please rescind the referendum of changing the current Position of Scriba Town Highway Superintendent from an elected position to an appointed one and save the taxpayers thousands of dollars. Nametprin) Signature Address pate Gacy w Pawar He Wipeon _§€2 Qutowesg Bh |a-0= 46 Aheel 5 Heng fi 504 Midfle Ql —_|as64| Vf i 7 Yo9 Hidde Lf 2-/3- tp | Jae Gong Ze YE LAA 14 Ihe undersigned, do hereby state that | am a registered voter of the Town of Seriba, that my present place of residence is truly stated opposite my signature hereto, and that! do hereby Petition that the following question be placed before Ken Burdick and the whole Scriba Town Board: Would the Scriba Town Board please rescind the referendum of changing the current Position of Scriba Town Highway Superintendent from an elected postion to an appointed one and save the taxpayers thousands of dollars. Name(print) Signature Address pate D Dig hi ‘teine FCO me ZA Lit A \CORR Nt dosie0s WipZ io Me Mi Pk TOWN OF SCRIBA TOWN BOARD MEETING February 17, 2016 6:30 p.m. Call to Order Pledge of Allegiance Roll Call of Town Board Members Minutes of Previous Meeting Reports, Correspondence, Announcements AGENDA 1. Resolution to consider bids for gravel, cutting edges, grader blades, snowplow shoes, corrugated pipe and pipe arches for the Town Highway Department. 2. Resolution in support of NYS Assemblyman Barclay and NYS Senator Ritchie sponsoring two bills to establish the zero carbon emission tax credit which would allow the James A. Fitzpatrick Nuclear plant to receive a 60 Million dollar tax credit to hopefully keep the plant in operation.- Town Attomey Kevin Caraccioli 3. Resolution authorizing Bob Kitts to purchase a new Whisper Flo 1.5 HP pump for the Kiddie pool, cost $785.00 and a C-series bronze 5 HP pump for the main pool for $6,600.00 for Scriba Town Park Improvements. This would be paid from the Recreation Account by doing a budget modification moving $7,385.00 from budget line A7140.4 (Recreation Contractual) to A7140.2 (Recteation Equipment). 4, Resolution authorizing Bob Kitts to enter into an agreement with Paygov.us to allow water payments to be paid online with a credit card. This service is at no cost to the Town. 5. Resolution establishing a hiring freeze on all permanent, fulltime position of employment with the Town of Scriba effective until further notice, 6. Motion to move into Executive Session to discuss matters leading to the appointment, employment, promotion, demotion, discipline, suspension, dismissal or removal of a particular person within the Town Highway Department. PAY BILLS OPEN MEETING- All Speakers must sign in with the Town Constable and will be given a ‘maximum S-minute time allowance ADJOURN

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