Minutes of June 25 2012 - Town Of DeWitt

June 25, 2012
At an Adjourned Meeting of the Town Board of the Town of Dewitt, Onondaga County, New
York, held at the Dewitt Town Hall, 5400 Butternut Drive, Dewitt, New York, in said town on
the 25 th day of June, 2012, commencing at 7:30 p.m.:
The meeting was called to order by Edward Michalenko, Supervisor, and upon the roll being
called the following were:
PRESENT:
ABSENT:
ALSO
PRESENT:
Supervisor Michalenko, Councilors Albanese, Dooling, Mannion, Schultz and
Scruton
Councilor Andrews
Town Attorney Scicchitano, Engineer Kolceski, Clerk Klim, Highway
Superintendent Conte, Director Conlon, Water Superintendent Reynolds,
Property and Operations Manager Moracco, Police Chief Conway, Planning
Board Chairman Lazar
Motion by Councilor Mannion, seconded by Councilor Schultz.
RESOLVED, to accept the minutes of June 11, 2012 as presented by the Town Clerk.
Adopted 5 Ayes
1 Abstain – Albanese
Chief Conway addressed the Town Board concerning the town’s laws regarding parades and
public assemblies. He stated that the town’s police department had neither requested nor
participated in the April arrest of protestors outside the airbase. He stated that the town’s current
law is vague as to the conditions that require a permit.
Barrie Gewanter of the New York Civil Liberties Union addressed the Town Board concerning
the arrests in April at the airbase. She stated that the incident did not involve the Dewitt Police
Department and that the Dewitt Police Officers have always been courteous and appropriate
when dealing with the protesters. She also praised Chief Conway for his willingness to meet and
discuss issues concerning the protesters and the interpretation of the local law. Ms. Gewanter
asserted that the town’s law is vague as to what conditions require a permit, citing specificity as
to number of people, the locations, the behavior of the participants and the weather as examples
of criteria missing from the law. She requested that the local law be amended to add objective
criteria.
Ed Kinane of the Syracuse Peace Council addressed the Town Board concerning the reasons for
the protests and complimented the Dewitt Police Department.
Ann Tiffany of the Syracuse Police Council described the arrests and the confusion over the
number of participants it takes to form an “assembly” that requires a permit. She also
complimented the Dewitt Police Department.
Resident Mary Kuhn of Orvilton Drive spoke in favor of First Amendments rights and asked
that the town’s law be amended to provide clarity concerning an “assembly”.
Supervisor Michalenko and Councilor Scruton both thanked those who attended and stated their
desire to have the law reviewed.
The Supervisor recessed the meeting and called to order a public hearing at 7:45 p.m. to consider
Consolidated Water District, Contract No. 53 (Erie Boulevard East and Kinne Road).
Proof of publication in the Syracuse Post-Standard dated June 15, 2012 was read and filed.
The matter was presented and reviewed by Engineer Kolceski.

A discussion followed. Issues considered included: the cost of the project; the necessity of the
project; the condition of the water main; the probable results if no action was taken; bonding.
After the discussion, the Supervisor closed the hearing.
_________________________________________________________________
IN THE MATTER OF:
CONSOLIDATED WATER DISTRICT NO. 1,
CONTRACT NO. 53
RESOLUTION/ORDER
ERIE BOULEVARD EAST AND KINNE ROAD after Public Hearing
The construction of improvements and/or
authorizing increase and
appurtenances to Consolidated Water District Number 1, improvements of facilities
to wit, water mains and appurtenances,
in the public interest
Town of DeWitt, County of Onondaga
State of New York
_________________________________________________________________
Councilor Scruton offered the following Resolution and moved for its adoption.
Councilor Albanese seconded the motion.
WHEREAS, the DeWitt Town Board, on its own motion and action, has caused a Project
Description (with maximum cost) and Financing Plan and General Plan of proposed water main
improvements to the Town of DeWitt Consolidated Water District No. 1, Contract Number 53
within the Town of DeWitt, to be made by Town Engineer Michael Kolceski, P.E. and O’Brien
& Gere Engineers, Inc., pursuant to Town Law Section 199; and,
WHEREAS, said Project Description (with maximum cost) and Financing Plan prepared
by Town Engineer Michael S. Kolceski, P.E. and General Plan by O’Brien & Gere Engineers,
Inc. related to said water improvements, dated May 25, 2012 and bearing file number
0123/44575, has been filed in the Office of the Town Clerk; and
WHEREAS, the proposed water main improvements include the construction of
approximately 1,000 linear feet of 8 inch and 10 inch diameter water mains and appurtenances
along the east side of Erie Boulevard East between Sears and K–Mart and along the south side
of Kinne Road east of Erie Boulevard located within Consolidated Water District Number 1 in
the Town of DeWitt, County of Onondaga State of New York. The proposed facilities will
replace a section of water main that has experienced a number of breaks over the last few years.
The new facilities will provide water and fire protection to the businesses in the area; and,
WHEREAS, it is anticipated the annual costs of the improvements will be assessed
against the properties within Consolidated Water District Number 1 on an ad valorem basis. The
2012 tax rate within Consolidated Water District No. 1 is $0.30 per $1,000.00 of assessed
valuation. It is anticipated the estimated water tax rate will increase by $.0084 per $1,000.00 of
assessed valuation in 2013. Therefore, the estimated total annual water tax for a typical
$100,000.00 property will increase from $30.00 to $30.84; and,
WHEREAS, the Town of DeWitt, on its own motion, wishes to consider whether said
improvement project is in the public interest at a maximum estimated cost of Two Hundred
Thousand and 00/100 ($200,000.00) Dollars; and,
WHEREAS the Town Board of the Town of DeWitt adopted an Order on June 11, 2012 calling
for a public hearing to be held in the Office of the Town of DeWitt at 5400 Butternut Drive,
DeWitt, on the 25 th day of June, 2012 at 7:45 p.m. to consider whether said improvement project
within Consolidated Water District Number 1, to wit, the construction of approximately 1,000
linear feet of 8 inch and 10 inch diameter water mains and appurtenances along the east side of
Erie Boulevard East between Sears and K-Mart and along the south side of Kinne Road east of
Erie Boulevard at a maximum estimated project cost of Two Hundred Thousand and 00/100
($200,000.00) Dollars (which may be financed through the issuance of serial bonds) is in the
public interest and not an undue burden to the district and to hear all persons interested in the
subject thereof considering the same, and for such other action on the part of the DeWitt Town
Board with relation to said improvements as may be required by law; and,
WHEREAS, the DeWitt Town Board caused notice of such public hearing to be
published and posted as required by Sections 199 of the Town Law.
NOW, THEREFORE, in accordance with Article 12 of the New York State Town Law, upon
the evidence presented at the public hearing and upon the advice and recommendation of the
Town Engineer, this Town Board does hereby resolve as follows:
1. This is an unlisted action subject to the New York State Environmental Quality Review Act.
The DeWitt Town Board appoints itself Lead Agency for the uncoordinated review of this

action. There are no other involved agencies. In accordance with the regulations of the New
York State Department of Environmental Conservation, there will be no significant adverse
impact on the environment as a result of this action. The basis for this determination is that the
action involves the installation of improvements in an area that has been previously approved for
the construction of water improvements. Said improvements will not disturb any
environmentally sensitive sites, will not disrupt any existing water services and will not cause
any adverse environmental impact upon the air quality, vegetation, ground water or Town goals
and objectives.
2. The notice of the public hearing described above was posted and published as required by law
and in all respects satisfactory.
3. The public hearing was duly held.
4. The Town Board accepts the Town Engineer’s Project Description (with maximum cost) and
Financing Plan and General Plan provided by O’Brien & Gere, Engineers, Inc. The construction
of the proposed water improvements hereinabove described are in the public interest and
presents no undue burden to the District or to the Town at an estimated maximum project cost of
Two Hundred Thousand and 00/100 ($200,000.00) Dollars.
5. This Order is subject to a Permissive Referendum as described in Article 7 of the Town Law.
A Petition is sufficient if it is initialed and signed and acknowledged in the same manner as a
Petition for improvements. A Petition must be filed within thirty (30) days of the adoption of
this Order with the Town Clerk.
6. The proposed water main improvements include the construction of approximately 1,000
linear feet of 8 inch and 10 inch diameter water mains and appurtenances along the east side of
Erie Boulevard East between Sears and K–Mart and along the south side of Kinne Road east of
Erie Boulevard located within Consolidated Water District Number 1 in the Town of DeWitt,
County of Onondaga State of New York. The facilities are shown on a Project Description and
Financing Plan prepared by Town Engineer Michael S. Kolceski, P.E. and a General Plan
prepared by O’Brien & Gere Engineers, Inc., dated May 25, 2012 and bearing file number
0123/44575.001 at a maximum estimated project cost of Two Hundred Thousand and 00/100
($200,000.00) Dollars.
7. SERIAL BONDS:
Section 1. For the specific object or purpose of paying the costs incidental to the improvement
of Consolidated Water District No. 1, Contract Number 53, within the Town of DeWitt,
including engineering costs and the incidental improvements and expenses necessary in
connection therewith, in the Town of Dewitt, Onondaga County, New York, the Town of
DeWitt is hereby authorized to be issued Two Hundred Thousand and 00/100 ($200,000.00)
Dollars in Serial Bonds for the water main improvement project and related to the above water
main improvement project, in the Town of Dewitt, Onondaga County, New York, pursuant to
the provisions of Local Finance Law.
Section 2. It is hereby determined that the maximum estimated cost of such specific object or
purpose is $200,000.00 and that the plan for the financing thereof may be by issuance of the
$200,000.00 Serial Bonds for the Town of DeWitt, in the Town of Dewitt, Onondaga County,
New York, authorized to be issued pursuant to this bond resolution.
Section 3. It is hereby determined that the period of probable usefulness of the aforesaid
specific object or purpose is 40 years for the renovations to the water district, pursuant to
Subdivision 1 of Paragraph A of Section 11.00 of the Local Finance Law. It is hereby further
determined that the maximum maturity of the Serial Bonds herein authorized will exceed five
years.
Section 4. Subject to the provisions of the Local Finance Law, the power to authorize this
issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the
Serial Bonds herein authorized, including renewals of such notes is hereby delegated to the
Supervisor, the chief fiscal officer. Such notes shall be of such terms, form and contents, and
shall be sold in such manner as may be prescribed by said Supervisor, consistent wit the
provisions of the Local Finance Law.
Section 5. The faith and credit of said Town of DeWitt, is hereby irrevocably pledged to the
payment of the principal of and interest on such obligations as the same respectively became due
and payable. An annual appropriation shall be made in each year sufficient to pay the principal
of and interest on such obligations becoming due and payable in such year. There shall annually
be levied on all taxable real property in said water district a tax sufficient to pay the principal of
and interest on such obligations as same become due and payable.
Section 6. Such bonds shall be in fully registered form and shall be signed in the name of the
Town of DeWitt, Onondaga County, New York, by the manual or facsimile signature of the

Supervisor and a facsimile of its corporate seal shall be imprinted thereon and attested by the
manual or facsimile signature of the Town Clerk.
Section 7. The powers and duties of advertising such bonds for sale, conducting the sale and
awarding the bonds, are hereby delegated to the Supervisor, who shall advertise such bonds for
sale, conduct the sale, and award the bonds in such manner as he shall deem best for the interests
of the Town of DeWitt, provided, however, that in the exercise of these delegated powers, he
shall comply fully with the provisions of the Local Finance Law and any order or rule of the
State Comptroller applicable to the sale of municipal bonds. The receipt of the Supervisor shall
be a full acquaintance to the purchaser of such bonds, who shall not be obligated to see the
application of the purchase money.
Section 8. All other matters, except as provided herein relating to such bonds, including
prescribing whether manual or facsimile signatures shall appear on said bonds, appointing the
fiscal agent or agents for said bonds, providing for the printing and delivery of such bonds (and
if said bonds are to be executed in the name of the Town of DeWitt, by facsimile signature of its
Supervisor, providing for the manual countersignature of a fiscal agent or of a designated
official of the Town of DeWitt, the date, denominations, maturities and interest payment dates,
place or places of payment and also including the consolidation with other issues, shall be
determined by the Supervisor). It is hereby determined that it is to the financial advantage of the
Town of DeWitt, not to impose collect from registered owners of such Serial Bonds any charges
for mailing, shipping and insuring bonds transferred or exchanged by the fiscal agent, and
accordingly, pursuant to Paragraph C of Section 70.00 of the Local Finance Law, no such
charges shall be so collected by the fiscal agent. Such bonds shall contain substantially the
recital of validity clause provided for in Section 52.00 of the Local Finance Law and shall
otherwise be in such form and contain such recitals in addition to those required by Section
52.00 of the Local Finance Law, as the Supervisor may determine.
Section 9. The validity of such bonds and bond anticipation notes may be contested only if:
(1) Such obligations are authorized for an object or purpose for which said water district
is not authorized to expend money, or
(2) The provisions of law which should be complied with at the date of publication of
this resolution are not substantially complied with and an action suite or proceeding contesting
such validity is commenced within twenty days after the date of such publication, or
(3) Such obligations are authorized in violation of the provisions of the Constitution.
Sections 10. This resolution which takes effect immediately pursuant to Section 35.00(b)(4) of
the Local Finance Law and the Consent Order hereinbefore described, shall be published in full
in the Post Standard, the official newspaper, together with a notice of the Town Clerk in
substantially the form provided in Section 81.00 of the Local Finance Law.
8. The Town Clerk shall record a certified copy of this Order in the Office of the County Clerk
of the County of Onondaga and duplicate certified copies of this Order (along with a copy of the
Notice of Public Hearing) in the Office of the State Comptroller, within ten (10) days of its
execution.
9. The Town Attorney shall prepare and/or review the necessary documents and the Town
Supervisor shall take whatever further action is necessary to effectuate the improvements.
10. Upon this resolution taking effect, the Town Engineer and O’Brien & Gere Engineers, Inc.
are hereby directed to prepare more definite plans and specifications and with the assistance of
the Town Attorney, prepare the contract for the execution of the work.
Adopted 6 Ayes
The Supervisor recessed the meeting and called to order a public hearing at 7:50 p.m. to consider
a proposed local law amending Chapter 94 of the Dewitt Town Code as it relates to electrical
inspections.
Proof of publication in the Syracuse Post-Standard dated June 15, 2012 was read and filed.
The matter was presented and reviewed by Director Conlon.
After a short discussion, the Supervisor closed the hearing.
Motion by Councilor Dooling, seconded by Councilor Schultz.

Local Law 4-2012
A Local Law Amending Chapter 94,
Electrical Inspections
Be it enacted by the Town Board of the Town of Dewitt as follows:
ARTICLE IV Electrical Inspections (§ 94-26 - § 94-33)
§ 94-26 Legislative Intent.
Whereas it is in the best interest of the public safety, health and welfare that all work concerning
electrical installations and alterations or wiring for electric light, heat, fire and smoke detection
systems or power in or on all real property within the Town of DeWitt, New York, be made
subject to the National Electrical Code, known as the "National Fire Protection Association
Standard No. 70," as amended, as approved and adopted by New York State, and whereas, in
order to ensure that the provisions of said National Electrical Code and Building Codes of New
York State (BCNYS) as amended are enforced in the Town of DeWitt it is necessary that
inspection services be performed therein by duly qualified and responsible agencies, requiring
the licensing of inspection agencies, this article is hereby enacted to provide for the licensing of
inspection agencies within the Town of DeWitt outside the Village of East Syracuse.
§ 94-27 Designation of approved agencies.
An "approved agency" hereunder shall mean any person, firm or corporation engaged in the
business of performing electrical inspections; provided, however, that:
A.
Such agency is duly qualified to do business in the State of New York.
B.
Such agency is acceptable, as an independent electrical inspection agency, to the electrical utility
or utilities furnishing electrical energy in and to the Town of Dewitt.
C.
All agencies and/or inspectors must be certified by New York State and International
Association of Electrical Inspectors (IAEI) to perform electrical inspections as provided by
applicable New York State recognized codes. Inspectors must have current 1 & 2 Family and
General Electrical Inspections Certifications and maintain continuous training through the IAEI.
D.
Such agency has been approved after suitable investigation by the Town Board of the Town of
DeWitt and recommended by the Department of Planning and Zoning.
E.
Such agency has filed with the Town Clerk suitable proof of current liability insurance of not
less than $3,000,000, including errors and omissions, for each person and each occurrence to
satisfy claims or judgment for property damage and/or personal injury arising out of failure of its
inspector to properly discharge his duties and responsibilities.
§ 94-28 Adoption of standards.
There is hereby adopted by the Town Board of the Town of DeWitt of the County of Onondaga
and State of New York, for the purpose of prescribing regulations governing the installation or
alteration of electric wiring and appurtenances for heat, light, smoke detection systems or power,

that certain code known as the "National Electrical Code," as set forth in the National Fire
Protection Association Standard No. 70, as amended and BCNYS as amended, annexed hereto
and made a part hereof, and from the effective date of this chapter, the provisions thereof shall
be controlling within the limits of the town, exclusive of the incorporated Village of East
Syracuse.
§ 94-29 Duties of inspection agencies.
A.
It shall be the duty of the agency to report, in writing, to the Department of Planning and
Zoning, whose duty it shall be to enforce all provisions of this Code, all violations or deviations
from or omissions of the electrical provisions of the National Electrical Code, known as the
"National Fire Protection Standard No. 70", as amended and BCNYS as amended, applicable to
the Town of DeWitt, and of all local laws, ordinances and the Building Code of the town,
insofar as any of the same apply to electrical wiring, assemblies or equipment.
B.
The agency shall make inspections and re-inspections of electrical installations in and on
properties in the Town of DeWitt, upon the written request of an authorized official of the Town
of DeWitt, or as herein provided.
C.
The agency is authorized to make inspections and re-inspections of electrical wiring,
installations, devices, appliances and equipment in or on properties within the Town of DeWitt,
where it deems it necessary for the protection of life and property. In the event of an emergency,
it is the duty of the agency to make electrical inspections upon the oral request of an official or
officer of the Town of DeWitt.
D.
It shall be the duty of the agency to furnish written reports to the Town of DeWitt Department of
Planning and Zoning and owners and/or lessees of property where defective electrical
installations and equipment are found upon inspection. It shall authorize the issuance of a
certificate of compliance when electrical installations and equipment are in conformity with this
article. It shall direct that a copy of the certificate of compliance be sent to the Town of DeWitt,
to the attention of the Department of Planning and Zoning.
E.
It shall be the duty of the agency to obtain an annual license from the Town Clerk on or before
the end of the prior year. The annual license fee shall be $250 per agency per year. In addition,
the Town of DeWitt shall receive a surcharge of $3 per electrical application issued by said
agencies and an additional $2 for every fifty-dollar increment charged by the inspection agency.
Such payments shall be made to the Town of DeWitt’s Planning and Zoning Department on a
quarterly basis, payable within 10 working days of the preceding quarter.
F.
The agency shall provide the Planning and Zoning Department an annual statement of number
of applicants served, gross revenues, as well as rates to be charged for the upcoming year. An
annual report shall be submitted to the Town Clerk within the first 30 working days of the
preceding year. The schedule of rates shall be provided to the Town Clerk on or before the last
day of the prior year.
§ 94-30 Prohibitions.
A.

It shall be a violation of this article for any person, firm or corporation to install or cause to be
installed or alter electrical wiring for light, heat, fire and smoke detection systems or power in or
on properties of the Town of DeWitt until an application for inspection has been filed with an
approved agency.
B.
It further shall be a violation of this article for a person, firm or corporation to connect or cause
to be connected electrical wiring in or on properties in the Town of DeWitt for light, heat, smoke
detection systems or power to any source of electrical equipment prior to the issuance of a
temporary certificate or a certificate of compliance by an approved electrical inspection agency.
§ 94-31 Penalties for offenses.
Any person, firm or corporation violating any provision of this article shall be deemed guilty of
a violation and, upon conviction thereof, shall be punishable by a fine not to exceed $500 or by
imprisonment for a period not to exceed 15 days, or by both fine and imprisonment. Each
separate day or any portion thereof during which any violation occurs or continues shall be
deemed to constitute a separate offense and, upon conviction thereof, shall be punishable as
herein provided.
§ 94-32 Cost of services.
The services performed by such approval agency shall be rendered without cost to the Town of
DeWitt; provided, however, that nothing herein contained shall prevent such agency from
charging fees to private applicants for its said services in accordance with its published schedule
of fees, as the same may be amended from time to time, which said schedules shall be on file
with the Town Clerk.
§ 94-33 When effective.
This article shall take effect immediately upon filing with the Secretary of State.
Upon the roll being called, the votes were as follows:
Councilor Albanese Aye Councilor Mannion Aye
Councilor Dooling Aye Councilor Schultz Aye
Councilor Scruton Aye Supervisor Michalenko Aye
The votes being seven in favor and none opposed, the local law was enacted.
The Supervisor recessed the meeting and called to order a public hearing at 7:55 p.m. to consider
a proposed local law amending Chapter 40 of the Dewitt Town Code relating to the Fixed Assets
Manager and establishing both a Department of Property and Operations and a Manager of
Property and Operations.
Proof of publication in the Syracuse Post-Standard dated June 16, 2012 was read and filed.
The matter was presented and reviewed by Supervisor Michalenko and Attorney Scicchitano.
After a short discussion, the Supervisor closed the hearing.
Motion by Councilor Dooling, seconded by Councilor Schultz.
Local Law 3-2012
A Local Law Amending Chapter 40 Concerning
The Fixed Assets Manager and the Manager of Property and Operations
Be it enacted by the Town Board of the Town of Dewitt as follows:

Chapter 40. Fixed Assets Manager and Property and Operations Manager
40-1. Responsibility for development and maintenance of fixed-asset records.
This Town Board does determine and designate the Town Comptroller to be the responsible
individual for the coordination of the development and maintenance of the town’s fixed-asset
records.
40-2. Policy and guidelines.
The general responsibilities, municipal policy and guidelines to be followed in the development
and maintenance of the inventory records of fixed assets shall be as follows:
A. The Town Board hereby designates the Comptroller as the Fixed Assets Manager.
B. The Comptroller shall be responsible for developing and maintaining the inventory
records of fixed assets.
C. The Comptroller shall develop, in writing, the basic rules and regulations to be followed
in maintaining the fixed-asset property records.
D. Forms necessary for recording the fixed assets shall be approved and supplied by the
Comptroller.
E. Procedures employed shall comply with all applicable laws and the requirements of the
New York State Department of Audit and Control which are issued pursuant to Section 36 of the
General Municipal Law.
F. The minimum standards to be considered for inclusion in the fixed-asset records are:
i. Significant value. Equipment costing one hundred dollars ($100.00) or more shall be
included in general fixed assets.
ii. It has an estimated useful life of one (1) year or more.
iii. The physical characteristics of the asset are not are not appreciably affected by use or
consumption.
40-3. Property and Operations Department.
The Town Board determines that the Department of Property and Operations shall be created.
40-4. Property and Operations Manager.
The Town Board hereby establishes the position of Property and Operations Manager and such
manager shall be responsible for overseeing the Property and Operations Department and shall
work closely with the Comptroller and report to the Supervisor. The duties and responsibilities
of the Property and Operations Manager shall be as follows:
1. To plan, create, organize, direct and/or review administrative procedures necessary to the
administration of the property and operations department.
2. To develop forms, procedures, protocol and/or systems to ensure the exchange of data
and information between all departments, agencies and/or employees of the town who are
involved with property management and daily operations.
3. To supervise and review the work of those within the property and operations department and
report to the Supervisor concerning the operating of the department and have the authority to establish
policy within the department as deemed necessary for the proper administration of property and
operations management.
4. The Superintendent of Properties and Facilities and staff shall report to the Property and
Operations Manager.
Upon the roll being called, the votes were as follows:
Councilor Albanese Aye Councilor Dooling Aye
Councilor Schultz Aye Councilor Scruton Aye
Supervisor Michalenko Aye Councilor Mannion Aye
The votes being seven in favor and none opposed, the local law was enacted.

Motion by Supervisor Michalenko, seconded by Councilor Scruton.
RESOLVED, that Mike Moracco is hereby appointed to the position of Property and Operations
Manager.
Adopted 6 Ayes
Engineer Kolceski addressed the Town board concerning the desire of the Lymestone Hills
Homeowners Association to give the private drive between Lyndon Corners and Bridal Path
Road to the town. A discussion followed. Issues addressed included: the plans of the association
to retain an engineer to evaluate the road; design improvements; the necessary standards before
the town would accept the road; what, if any, cost there would be to the town; the benefits to the
members of the association; the benefits to the town; the questions of ownership.
Chairman Lazar spoke in general opposition to accepting the dedication of private roads.
A resident and member of the association stated that the road is not private any longer.
After the discussion, the Town Board indicated that acceptance of the road would be considered.
Motion by Councilor Scruton, seconded by Councilor Albanese.
RESOLVED, that the Town Board hereby authorizes advertising for bids for Contract No. 11,
Sewer Improvement No. 1 (Winterton Pumping Station Replacement.)
Adopted 6 Ayes
The matter of the sidewalk district was deferred until another meeting.
Engineer Kolceski addressed the Town Board on the costs of using LED lights in lieu of the
specified high pressure sodium lights for Contract No. 2 in Brittonfield and Pioneer Park. Due to
the cost, a public hearing is required.
_________________________________________________________________
IN THE MATTER OF:
CONSOLIDATED LIGHTING DISTRICT,
ORDER CALLING
CONTRACT NO. 2
FOR AND
BRITTONFIELD & PIONEER PARK COMMERCIAL NOTICING
BUSINESS AREAS
PUBLIC HEARING
TOWN OF DEWITT, COUNTY OF ONONDAGA
STATE OF NEW YORK.
_________________________________________________________________
Councilor Scruton offered the following Resolution and moved for its adoption.
Councilor Mannion seconded the motion.
WHEREAS, the DeWitt Town Board, on its own motion and action, has caused a
General Plan and Project Description (with maximum cost) and Financing Plan of proposed
lighting improvements to the Town of DeWitt Consolidated Lighting District, Contract Number
2 in the Brittonfield and Pioneer Park commercial areas, to be made by Town Engineer Michael
S. Kolceski, P.E. and O’Brien & Gere Engineers, Inc., pursuant to Town Law Section 198; and
WHEREAS, said Project Description (with maximum cost) and Financing Plan prepared
by Town Engineer Michael S. Kolceski, P.E. and dated June 18, 2012 and the General Plan
prepared by O’Brien & Gere Engineers, Inc. related to said lighting improvements, dated
October 1, 2011 and bearing file number 0123.47890.001, has been filed in the Office of the
DeWitt Town Clerk; and
WHEREAS, the proposed lighting improvements include the replacement of 37
streetlights and related facilities in the Brittonfield and Pioneer Park commercial areas of the
Town of Dewitt, Onondaga County, New York. The proposed facilities will consist of High
Pressure Sodium (HPS) or Light Emitting Diode (LED) fixtures and related appurtenances on
Brittonfield Parkway, Campuswood Drive and Fair Lakes Road. The existing mercury vapor
lights are no longer serviceable and are inefficient. In addition, the Town will also purchase the
underground wiring for these lights from National Grid; and,
WHEREAS, the estimated maximum cost of the improvements is Ninety Thousand and
00/100 ($90,000.00) Dollars; and,

WHEREAS, it is anticipated the annual costs of the improvements will be assessed
against the properties within the Brittonfield and Pioneer Park of the Consolidated Lighting
District on an ad valorem basis at an estimated tax rate of $0.2619 per $1,000.00 of assessed
valuation. The 2012 tax rate within Brittonfield and Pioneer Park service area is $0.25 per
$1,000.00 of assessed value. Based on the foregoing, the estimated total increase in the first year
tax for a typical $1,000,000.00 property within Consolidated Lighting District Brittonfield and
Pioneer Park areas in 2013 will be approximately $0.0119 per $1,000.00 of assessed valuation,
or $11.90; and,
WHEREAS, the Town of DeWitt, on its own motion, wishes to consider whether said
improvement project is in the public interest at a maximum estimated cost of Ninety Thousand
and 00/100 ($90,000.00) Dollars.
NOW, THEREFORE, in accordance with Article 12 of the New York State Town Law, this
Town Board does hereby,
ORDER that a meeting of and a public hearing before the Town Board shall be held in the
Office of said Town at Town Hall , 5400 Butternut Drive, Town of DeWitt, County of
Onondaga, State of New York on the 9th day of July, 2012 at 7:45 p.m. to consider, subject to
permissive referendum, whether the construction of said described lighting improvements and
appurtenances within Consolidated Lighting District, consisting of Brittonfield and Pioneer Park
commercial areas, at a proposed maximum cost of Ninety Thousand and 00/100 ($90,000.00)
Dollars, is in the public interest and to hear all persons interested in the subject thereof
considering the same, and for such other action on the part of the DeWitt Town Board with
relation to said improvements project as may be required by law; and it is further,
ORDERED that the Town of DeWitt Town Clerk (with the assistance of the Town Attorney)
shall publish and shall post this Order as notice of said Public Hearing in accordance with Town
Law Section 198, not more than twenty (20) nor less that ten (10) days before the designated
hearing date.
Adopted 6 ayes
Motion by Councilor Scruton, seconded by Councilor Schultz.
RESOLVED, that the Town Board hereby grants permission to the owners of 707 Maple Drive,
Timothy and Nina Haley, to connect to the town sewer system as an outside user, subject to the
execution of an outside user’s agreement.
Adopted 6 Ayes
Comptroller Redmond addressed the Town board concerning the 2010 Audit by Green and
Seifter, highlighting the recommendations contained in the audit concerning the size of the
reserve funds, the amount properly set aside for potential liabilities, and the timely recording of
invoices received after the end of the year.
Motion by Councilor Schultz, seconded by Councilor Scruton.
RESOLVED, to accept the findings of the 2010 Audit as presented.
Adopted 6 Ayes
Motion by Councilor Scruton, seconded by Councilor Schultz.
RESOLVED, that the Supervisor is hereby authorized to sign the letters of engagement with
Green and Seifter for the audit of the 2011 financial records of the town and of the local
development corporation.
Adopted 6 Ayes
Mike Moracco addressed the Town Board concerning the proposed sports complex at the Carrier
Park. He distributed and reviewed the RFP, the quotes of the firms that responded and briefly
covered their qualifications. He recommended that the Board approve a contract with Appel
Osborne, the firm with the lowest quote at $71,500.00.
Councilors Scruton and Schultz requested more time to study the proposals and other relevant
documents.

Councilor Dooling stated that the committee had studied the matter and that the submitted quote
was for a lesser amount than the sum previously approved by the Town Board for the anticipated
work.
A lengthy discussion followed. Issues addressed included: time constraints; the need to finish
certain playing fields in time to meet obligations during the summer of 2013; the specific
documents the councilors wish to review; the apparent breakdown in submitting documents to
the Councilors; the lateness with which the final information concerning the quotes was received
by the town and Mr. Moracco; the qualifications of the firms; the lack of a representative from
Appel Osborne; the contemplated scope of the work; the work of the committee; the previous
actions of the Town Board concerning the sports complex; the appropriate involvement of the
Town Board; and a possible Special Meeting of the Town Board.
Motion by Councilor Dooling.
RESOLVED, that the Supervisor is authorized to sign a contract with Appel Osborne for the
design of the Carrier Park sports complex at the quoted price of $71,500.00.
There being no second, the motion of Councilor Dooling failed to come to a vote.
Water Superintendent Reynolds addressed the Town Board stating that employee Steven White
has successfully completed his probationary period and recommending that he be accorded the
standard fifty-cents per hour raise.
Motion by Councilor Schultz, seconded by Councilor Scruton.
WHEREAS, Steven White of the Water Department has successfully completed his six-month
probationary period; it is hereby
RESOLVED, that his hourly rate of pay shall be increased by fifty (50) cents per hour, effective
on his six-month anniversary date, May 21, 2012.
Adopted 6 Ayes
Councilor Scruton addressed the Town Board concerning the possibility of authorizing
participation in a credit union. A discussion followed concerning the appropriateness of such an
action. It was determined that further study and a presentation by one or more credit unions were
required before action could be considered.
Councilor Scruton presented a brief report on the airport authority.
Motion by Councilor Schultz, seconded by Councilor Albanese.
RESOLVED, that the hiring of two seasonal employees for work on the GIS project is hereby
authorized at a total expense not to exceed $8,000 plus the standard mileage allowance.
Adopted 6 ayes
Motion by Councilor Mannion, seconded by Councilor Scruton.
RESOLVED, that a Special Meeting of the Dewitt Town Board is hereby scheduled for June 29,
2012 at 7:30 a.m. to discuss the matters of a sidewalk district and the bid for the preparation of
plans for the proposed sports complex at Carrier Park, and for such other matters as may come
before the Town Board.
Adopted 6 Ayes
Motion by Councilor Mannion, seconded by Councilor Albanese.
RESOLVED, that the Town Board meetings scheduled for July 23, 2012 and for August 20,
2012 are hereby cancelled.
Adopted 6 Ayes
Motion by Councilor Scruton, seconded by Councilor Schultz.
RESOLVED, to enter into Executive Session at 10:13 p.m. under Section 104(1) of the Public
Officers Law to discuss matters concerning litigation.

Adopted 6 Ayes
Motion by Councilor Schultz, seconded by Councilor Scruton.
RESOLVED, to adjourn the Executive Session and return to the Regular Session at 10:25 p.m.
Adopted 6 Ayes
Motion by Councilor Scruton, seconded by Councilor Schultz.
RESOLVED, that the Town Board hereby upholds the findings of the Chief of Police and the
Police Commission meeting of June 14, 2012 in regards to the grievance of two Town of Dewitt
Police Officers.
Adopted 6 Ayes
Motion by Councilor Mannion, seconded by Councilor Scruton.
RESOLVED, to adjourn the meeting at 10:25 p.m.
Adopted 6 Ayes
Barbara Klim, Town Clerk