Town Board

LOCAL LAW TO OVERRIDE THE 2021 TAX CAP

As Town Supervisor, I recently received information that the ‘2%’ Tax Cap for the 2021 budget will in fact be 1.56%.  Given all the other obstacles Towns across the state are facing, this is totally unrealistic. This will be a difficult year in terms of forecasting a budget for 2021 as it is unlikely we will know how much of our projected revenues for sales tax and court fines and fees will actually be received until late September or early October. This makes it hard to predict what further revenues will be like. Additionally, the Town of Oswego has a number of commitments for matching grants received from REDI and other sources.

The Town has worked hard over the last several years to cut expenditures and to try to maintain the Town of Oswego at a reasonable and sustainable level. It is likely we will achieve a normal 2% growth budget, but a budget level of 1.56% is not realistic. In the interest of being proactive and allowing our residents to be informed about the budget prospects, I presented the following resolution to introduce a local law to override the 2021tax cap at the August 11, 2020 Town Board meeting. This resolution highlights the issues the Town faces. The Oswego Town Board acknowledged the receipt of draft Local Law No 1-2020 to override the NYS Tax Cap, and has scheduled a Public Hearing regarding this draft law on September 8, 2020. If indeed we do achieve a budget under the tax cap level, it is easier to repeal the law than to try to implement a tax cap law at the last minute without adequate public notice.

RESOLUTION NO.:  2020-74____

RESOLUTION AUTHORIZING THE DRAFTING OF LOCA LAW NO. 1 OF THE YEAR 2020, A LOCAL LAW TO OVERRIDE THE 2021 TAX CAP

WHEREAS, the year 2020 has been an extraordinarily challenging year for local municipalities in Upstate New York, which has not seen a significant outbreak of COVID-19 but, like all other local governments throughout New York State, the region was forced to shut down for an extended period of time, while maintaining day-to-day operations necessary to keep a town functioning and serving the people most closely impacted by the sudden shuttering of businesses, job loss, and the added stress living in a period of uncertainty creates; and

WHEREAS, amongst the backdrop of COVID-19, and the multitude of challenges this pandemic continues to cause society, the New York State Comptroller recently released the “2 Percent Tax Cap” figures for the budget year 2021, and advised the Town of Oswego that the tax cap, in actuality, will be 1.56%; and

WHEREAS, the State of New York’s declaration that the tax increase for the 2021 budget for the Town of Oswego must remain under 1.56% of the tax rate adopted in 2020 is unrealistic, and threatens to force town boards across the State to choose between maintaining services or curtailing services and thereby increasing the potential for public safety to be sacrificed; and

WHEREAS, the Town Board for the Town of Oswego believes it to be in the best interest of the citizens and taxpayers of the town to craft a financially prudent, but reasonable and realistic town budget for 2021, without being restricted by an artificial and unworkable 1.56% tax cap limitation; and

WHEREAS, Local Law No. 1 of the Year 2020 is a Local Law to Override the Tax Levy Limit for Fiscal Year 2021 Established by General Municipal Law §3-c, and to allow the Town of Oswego to adopt a Town Budget for town purposes, fire protection districts, and other special or improvement districts governed by the Town Board for the Fiscal Year 2021 that requires a real property tax levy in excess of the tax levy limit as defined by GML §3-c; and

WHEREAS, the Local Law expressly authorizes the Town Board to override the tax levy limit by the adoption of a Local Law by a vote of 60% of the Town Board; and

WHEREAS, the Town Board desires to hold a public hearing on September 8, 2020 at 6:00 p.m. at the Town Offices, for the purpose of hearing public comments on the adoption of Local Law No. 1 of 2020; and

WHEREAS, the Town Board has considered the application of the State Environmental Quality Review Act and hereby determines that the proposed Local Law constitutes a Type II action for which an environmental assessment form shall not be required;

NOW, THEREFORE, upon motion made by Councilor/Town Supervisor Rick Kaulfuss and seconded by Councilor Jon Fowler, be it resolved as follows:

RESOLVED, that Local Law No. 1 of the Year 2020 of the Town of Oswego, A Local Law to Override the Tax Levy Limit Established in General Municipal Law §3-c is hereby introduced; and be it is further

RESOLVED, that the Town Clerk shall advertise the holding of a public hearing by the Town Board on Tuesday, September 8, 2020 at 6:00 p.m. at the Town Hall, located at 2320 County Route 7, Town of Oswego to hear any comments related to the proposed Local Law No. 1 of 2020.

This Resolution was unanimously adopted by those Board members present pursuant to roll call vote.

NOTICE OF ADOPTION OF BOND RESOLUTION

SUBJECT TO A PERMISSIVE REFERENDUM 

At a regular meeting held on the 24th day of March, 2020, the Town Board of the Town of Oswego, New York duly adopted a resolution, an abstract of which follows, which resolution is subject to a permissive referendum pursuant to Section 35.00 of the Local Finance Law of the State of New York.  If after thirty days of the resolution’s adoption by the Town Board, no petition objecting to the resolution and requesting approval by the voters is filed with the Town Clerk of the Town of Oswego, the resolution will be declared duly adopted.  

ABSTRACT OF BOND RESOLUTION DATED MARCH 10, 2020

 The following is a summary of a resolution adopted by the Town Board of the Town of Oswego on March 24, 2020.  Said resolution authorizes the issuance and sale of a serial bond or bonds, and a bond anticipation note or notes in anticipation of the issuance and sale of said serial bond or bonds, in an amount not to exceed $1,300,000.  The proceeds from the sale of the obligations authorized in said resolution shall be used for the object or purpose of the replacement of the current bridge carrying Thompson Road over Rice Creek, including but not limited to demolition of the existing road and sub-base, existing culverts and concrete headwalls, and excavating down to the natural creek bed removal and construction and installation of a new bridge, preliminary costs thereof and costs incidental thereto, including issuance costs of the Bonds and bonds anticipation notes.  The estimated maximum cost of said object or purpose is $1,300,000, and the period of probable usefulness thereof is twenty (20) years.  

Dated: March 24, 2020 

Town Clerk

Town of Oswego

Oswego County, New York

NOTICE OF REMOTE PUBLIC MEETING

TOWN BOARD
TOWN OF OSWEGO

    PLEASE TAKE NOTICE that the Town Board for the Town of Oswego will hold a Public Meeting by Remote Conference Call on March 24, 2020, at 6 p.m., or as soon thereafter as possible.  Anyone wishing to listen in on the conference call may dial (425) 436-6378 and use access code: 146341#.  You will be prompted to provide your name.  The meeting will begin when the host activates the meeting and the Town Supervisor calls the meeting to order.  The meeting will be recorded, and the recording will be posted to the Town’s website.  This meeting procedure is authorized by the Governor’s Executive Order 202.1, and by resolution of the Town Board.

DATED:    March 24, 2020        Nikki Fowler, Town Clerk

March 24 Workshop/Board Meeting

The March 24 workshop will be held as a regular board meeting. Main items will be the SEQER and the bonding resolution for the Thompson Rd Bridge. At this time we will plan on meeting in person. If anything changes, we will let you know. Meeting will be held at 6PM.

Public Notice

PUBLIC NOTICE

At a regular recessed meeting of the Town Board for the Town of Oswego held the 13th day of August, 2019 at the Oswego Town Hall, 2320 County Route 7, Oswego, New York.

RESOLUTION/ORDER SCHEDULING PUBLIC HEARING

PERTAINING TO THE PROPOSED FORMATION OF THE LAKESHORE COMMERCIAL SEWER DISTRICT PURSUANT TO ARTICLE 12-A, SECTION 209-d OF THE TOWN LAW OF THE STATE OF NEW YORK

WHEREAS, the Town Board for the Town of Oswego, is considering the formation of a sewer district in the Town of Oswego to be known as the Lakeshore Commercial Sewer District to include Fred Haynes Boulevard corridor and County Route 89; and

WHEREAS, the Town Board believes it in the best interest of the residents within the proposed district of the Town to form said sewer district; and

WHEREAS, to further consider a proposed sewer district to be known as the Lakeshore Commercial Sewer District, and pursuant to Article 12-A of the Town Law of the State of New York, the Town Board directed Bernier, Carr & Associates, P.C. (BCA), of 327 Mullin Street, Watertown, New York 13601 to prepare a Map, Plan and Report of the proposed sewer district; and

WHEREAS, said Map, Plan and Report dated July, 2019, was filed with the Town Clerk for the Town of Oswego the 22nd day of July, 2019; and

WHEREAS, this Board has reviewed the Map, Plan and Report, and wishes to schedule a public hearing regarding the possible formation of a sewer improvement district to be known as the Lakeshore Commercial Sewer District pursuant to Article 12-A Section 209-d of the Town Law of the State of New York.

NOW, THEREFORE, on motion made and seconded, BE IT RESOLVED as follows:

1.​That this Board will hold a Public Hearing pursuant to Section 209-d of the Town Law of the State of New York on the 27th day of August, 2019, at 6:00 p.m. at the Town Hall, 2320 County Route 7, Oswego New York to consider the formation of a sewer district to be known as the Lakeshore Commercial Sewer District, and directs that notice of same be given pursuant to law.

2.​That pertaining to the proposed sewer district, the Town Board does hereby find as follows:

a.​A description of the boundaries of the proposed sewer district is more particularly set forth in Schedule A attached hereto and made a part hereof.

b.​The improvements proposed would be as follows:

This project includes the construction of a combination gravity and low-pressure sewer mains and appurtenances along County Route 89, Fred Haynes Boulevard and NYS Route 104 in the Town of Oswego, Oswego County, New York.  These facilities would be constructed and maintained by the Town of Oswego.  

The proposed facilities will provide domestic service to 78 equivalent dwelling units (EDUs).

c.​That the maximum amount proposed to be expended for the improvement 

and formation of the district is Two Million Dollars ($2,000,000.00).

d.​The annual costs will be assessed against the properties within the Lakeshore Commercial Sewer District on a unit basis.

i.​Estimated Maximum Project Cost​​$2,000,000.00

ii.​Estimated Anticipated Funding​​$1,500,000.00

​30 years @ 3.25% interest

iii.​Secured Funding​​​​$   200,000.00

Number of EDUs:​Debt Service = 78

Estimated cost per EDU breakdown per year:

Debt Service ​​​$202

O&M​​​​$  53

City Sewer Transmission​$490

City Sewer Connection​$  95

Annual Short-Lived Asset​$    1

Estimated cost per EDU:​$841

e.​The Map, Plan and Report describing such improvements as prepared by BCA dated July, 2019 and filed in the Town Clerk’s Office of the Town of Oswego, is available for public inspection.

3.​That the Town Clerk of the Town of Oswego is hereby authorized and directed to publish a copy of this Resolution/Order in the Palladium Times, the official newspaper for the Town of Oswego, and to post a copy of same on the official bulletin board for the Town of Oswego in the time and manner required by law.

MOTION UNANIMOUSLY ADOPTED by those members present:

Richard Kaulfuss, Supervisor​​AYE

Greg Herrmann, Councilor​​AYE

Margaret Mahaney, Councilor​​AYE

Richard Tesoriero, Councilor​​AYE

Victoria Mullen, Councilor​​AYE

August 13, 2019​​​​NIKKI FOWLER, Town Clerk

SCHEDULE A

ALL THAT TRACT or parcel of land situate in the Town of Oswego, County of Oswego, State of New York, and further described as follows:

BEGINNING at the intersection of the southerly shoreline of Lake Ontario and the most westerly corner of Tax Map Parcel Number 127.17-03-01;

THENCE in a generally northeasterly direction along the southerly shoreline of Lake Ontario as the shoreline winds and turns to the intersection of said shoreline and the northerly corner of Tax Map Parcel Number 127.18-01-01.04;

THENCE in a generally southerly direction along the most easterly property line of Tax Map Number 127.18-01-01 .04 to the intersection of said property line and the northerly margin of County Route 89 and the southeasterly property corner of Tax Map Parcel Number 127.18-01-01.04;

THENCE in a generally westerly direction along the northerly margin of County Route 89 and the southerly property line of Tax Map Parcel Number 127.18-1-01.04 to the intersection of the projected extension of the easterly property line of Tax Map Parcel 127.18-01-07 and the northerly margin of County Route 89;

THENCE in a generally southerly direction crossing County Route 89 to the northerly property corner of Tax Map Parcel Number 127.18-01-07;

THENCE in a generally southerly direction along the easterly property line of Tax Map Parcel 127.18- 01-07 to the most southeasterly corner of said parcel;

THENCE in a generally westerly direction along the southerly property line of Tax Map Parcels 127.18-01 -07 and 127.18-01-04.01to the southwesterly corner of Tax Map Parcel 127.18-01-04.01;

THENCE in a generally westerly and southerly direction along the southerly and easterly property line of Tax Map Parcel 127.18-01-03to the most northeasterly corner of Tax Map Parcel 127.18-01-05;

Thence in a generally southerly direction along the easterly property line of Tax Map Parcel’s 127.18- 01-05 and 127.18-01-06 to the most southeasterly corner of Tax Map Parcel 127.18-01-06;

THENCE in a generally southerly, northeasterly and southerly direction along the northeasterly and easterly property lines of Tax Map Parcel 127.18-01-02 to the most southeasterly corner of said parcel;

THENCE in a generally southerly direction crossing through Tax Map Parcel 127.18-02-01 to the most northeasterly property corner of Tax Map Parcel 145.10-02-02;

THENCE in a generally southwesterly direction along the northwesterly property line of Tax Map Parcel 145.10-02-02 to the most westerly corner of said parcel;

THENCE in a generally northwesterly direction along the northeasterly property line of Tax Map Parcel 145.10-02-01 to the most northerly corner of said parcel;

THENCE in a generally southwesterly direction along the northwesterly property line of Tax Map Parcel 145.10-02-01 to the most westerly corner of said parcel;

THENCE in a generally southeasterly direction along the southwesterly property line of Tax Parcel Number 145.10-02-01 to the intersection of the southwesterly property line of said parcel and the northwesterly Highway Limits of NYS Route 104;

THENCE in a generally southwesterly direction along the northwesterly Highway Limits of NYS Route 104 as the Highway Limits winds and turns crossing Fred Haynes Boulevard and continuing along the northwesterly Highway Limits to the most easterly corner of Tax Map Parcel 145.10-01-02;

THENCE in a generally northwesterly direction along the northeasterly property line of Tax Map Parcel 145 .10-01-02 to the most northerly corner of said parcel;

THENCE in a generally southwesterly direction along the northwesterly property line of Tax Map Parcel 145.10-01-02 to the most westerly corner of said parcel;

THENCE in a generally northwesterly direction along the northeasterly property line of Tax Map Parcel 145.10-01-03 to the most northerly corner of said parcel;

THENCE in a generally southwesterly direction along the northwesterly property line of Tax Map Parcel 145.10-01-03 to the most northwesterly corner of said parcel;

THENCE in a generally northerly direction along the easterly property line of Tax Map Parcel 145.10- 01-04 to the most northeasterly corner of said parcel;

THENCE in a generally westerly direction along the northerly property lines of Tax Map Parcel’s 145.10-01-04 and 145.09-03-01 to the most northwesterly corner of Tax Map Parcel 145.09-03-01;

THENCE in a generally southerly direction along the westerly property lines of Tax Map Parcel’s 145.09-03-01 and 145.09-03-02 to the in intersection of said westerly property line and Tax Map Parcel 145.09-03-02 southerly property corner and the northwesterly highway limits of NYS Route 104;

THENCE in a generally southwesterly direction along the northwesterly highway limits of NYS Route 104 to the most southerly property corner of Tax Map Parcel 145.05-03-03;

THENCE in a generally northwesterly, northerly, northeasterly and northerly direction along the division line between Tax Map Parcel 145.09-02-05.1 on the west and Tax Map Parcel 145.05-03-03 on the east, to the most northeasterly corner of said Tax Map Parcel 145.09-02-05.1;

THENCE in a generally westerly direction along the northerly property line of Tax Map Parcel 145.09- 02-05.1 to the most northwesterly corner of said parcel;

THENCE in a generally northerly direction along the westerly property lines of Tax Map Parcel’s 145.05-03-03 and 127.17-03-01 and crossing County Route 89 to the point of beginning.

IT BEING the intent to describe the Town of Oswego Lakeshore Commercial Sewer District utilizing the Town of Oswego Tax Maps 127.17, 127.18, 145.05, 145.06, 145.09, and 145.10.

IT ALSO BEING the intent to describe the area shown on the map titled, District Formation Map, Town of Oswego Lakeshore Commercial Sewer District, prepared by Bernier Carr and Associates and dated November 9, 2018.