REGULAR MEETING

NOVEMBER 25, 2013

A regular meeting of the Sherrill City Commission was held at 7:00 p.m. on November 25, 2013. Present were Mayor W. Vineall, Commissioners M. Hennessy, P. Hubbard, J. Merrill, City Manager B. Comis and City Clerk M. Holmes.

MINUTES

Motion was made by M. Hennessy and seconded by P. Hubbard that the minutes of the previous regular meeting be approved as written.

AYES: Hennessy, Hubbard, Merrill, Vineall

BILLS

Motion was made by J. Merrill and seconded by M. Hennessy that the following bills be approved for payment and W. Vineall be authorized to sign the warrant.

Fund

/ Warrant No. / Date / Dollars
City Claims on / 21 / 11/25/13 / $29,848.37
Sewer Claims on / 21 / 11/25/13 / $5,812.99
P&L Claims on / 21 / 11/25/13 / $142,351.60
Trust & Agency Claims on / 21 / 11/25/13 / $1,880.00

AYES: Hennessy, Hubbard, Merrill, Vineall

2014 BUDGET PUBLIC HEARING

M. Holmes presented the commission with the proposed 2014 city budget. The budget does call for a slight tax increase from $7.02 to 7.13/$1000 assessed value and the tax levy proposed increased is 1.24% and below the tax cap 2014 allowance of 1.67%. Motion was made by M. Hennessy and seconded by P. Hubbard to set the 2014 Budget public hearing for December 9, 2013 at 7:15pm.

AYES: Hennessy, Hubbard, Merrill, Vineall

CITY OF SHERRILL

SEWER ORDINANCE

R. Comis presented to consideration to the commission amendments to the City of Sherrill Sewer Ordinance by adding the following definitions and adjusting the fee structure that will apply to users. Motion was made by M. Hennessy and seconded by J. Merrill that the following definitions will be added to the City of Sherrill Sewer use ordinance.

The following fee structure will apply to Users that could be classified as requiring a City issued Pretreatment Permit defined as a Permit in the Sewer Use Ordinance.

Pretreatment Permit Fee: Fee assessed to the User which is associated with the Administration of pretreatment requirements by City personnel. Fees will apply to the Initial application and annual renewal. Fees will be established by the City Manager and placed on Public Record with the City Clerk. (2013 Initial Fee $500 annual renewals $250)

Pretreatment Application Fee: Fee assessed to the User who is requesting an initial Permit. . The fee will be assessed to the User for costs associated for the outside services as determined by the City to evaluate Users expected discharge and other circumstances to determine eligibility to obtain a Permit. The estimated fee as determined by the City will be placed on deposit with the City. Unused fees will be refunded to the User.

Pretreatment Compliance Fee: Fee assessed to each User who is issued a Permit by the City. A fee as determined by the City will be assessed annually to the User for costs associated with outside services to review and monitor compliance with pretreatment standards. The City can require this fee to be placed on deposit with the City.

AYES: Hennessy, Hubbard, Merrill, Vineall

TIME WARNER FRANCHISE AMENDMENT

R. Comis has recommended and the commission have discussed in the budget workshops raising the cable franchise fee to 5% (from 4%). Provisions were made in the proposed budget for the increase.

Motion was made by J. Merrill and seconded by M. Hennessy that the following motion be made:

Whereas, Section 18 for the current Cable Television Franchise Renewal Agreement describes the current procedures for the Franchise Fees collected and distributed by Time Warner Cable to the City of Sherrill and;

Whereas, a the City of Sherrill currently collects from Time Warner Cable a franchise fee of 4% of the Time Warner Cable’s Gross Revenues for cable services purchased by subscribers in the City of Sherrill on a recurring monthly basis and;

Whereas, the City Commission has the option to increase the Franchise Fee to 5% as provided by applicable state and federal laws and subject to New York State Public Service Commission approval and;

Now therefore be it resolved, that the City of Sherrill will raise the Franchise Fee on cable services provided to City of Sherrill subscribers to 5% and;

Further be it resolved, that the city clerk, file a certified copy of this resolution and initiate the 60 day notice to Time Warner Cable as provided in the current Cable Television Franchise Renewal Agreement between the City of Sherrill and Time Warner Cable.

AYES: Hennessy, Hubbard, Merrill, Vineall

LOCAL LAW NO.3 OF THE YEAR 2013

A LOCAL LAW AUTHROIZING A PROPERTY TAX LEVY IN EXCESS OF THE LIMIT ESTABLISHED IN GENERAL MUNICIPAL LAW SECTION 3-c

M. Holmes reported that the City Commission previously held a public hearing on proposed Local Law No. 3 of 2013 on October 25, 2013.

The following resolution was introduced by Commissioner Hubbard and seconded by Commissioner Merrill that the following:

WHEREAS, the New York State Legislature has enacted a law limiting the

amount of real property taxes that may be levied by or on behalf of local governments; and

WHEREAS, the legislation has provided for a mechanism for overriding the tax levy limit by the adoption of a local law by the local governing body; and

WHEREAS, the City Commission believes it prudent to exercise its right to

enact a local law authorizing a real property tax levy in excess of the tax levy limit as defined by General Municipal Law §3-c; and

WHEREAS, the adoption of this local law will allow the City Commission the

flexibility to exceed the state tax levy limit should it determine the same be prudent; and

WHEREAS, a local law, being proposed Local Law No. 3 of the Year 2013, a

copy of which is attached hereto, was introduced at this meeting by a member of the City Commission of the City of Sherrill, a copy of which has been placed on the table of the members; and

WHEREAS, said Local Law is entitled “Local Law No.3 of the Year 2013

entitled “A local law authorizing a property tax levy in excess of the limit established in General Municipal Law §3-c” ;and

WHEREAS, the Sherrill City Commission desires to hold a public hearing with

respect to the adoption of said Local Law which;

NOW, THEREFORE, BE IT RESOLVED, that a public hearing be held by the

Sherrill City Commission with respect to the adoption of the aforesaid Local Law at 7:15 p.m. on October 28, 2013 at the Municipal Office Building, Sherrill Road, Sherrill, New York; and it is further

RESOLVED, that the City Clerk is hereby authorized and directed to cause

public notice of said hearing to be given as provided by law.

A roll call was taken on the motion which resulted as follows:

Mayor William Vineall AYE

Commissioner Michael Hennessy AYE

Commissioner Patrick Hubbard AYE

Commissioned Jeffrey Gilbert ABSENT

Commissioner Jason Merrill AYE

The resolution was thereupon declared adopted.

LOCAL LAW NO.3 OF THE YEAR 2013

A LOCAL LAW AUTHROIZING A PROPERTY TAX LEVY IN EXCESS OF THE LIMIT ESTABLISHED IN GENERAL MUNICIPAL LAW SECTION 3-c

Be it enacted by the City Commission of the City of Sherrill as follows:

Section 1. Legislative Intent

It is the intent of this local law to allow the City of Sherrill to adopt a budget for the fiscal year commencing January 1, 2014 that requires a real property tax levy in excess of the “tax levy limit” as defined by General Municipal Law § 3-c.

Section 2. Authority

This local law is adopted pursuant to subdivision 5 of General Municipal Law §3-c, which expressly authorizes a local government’s governing body to override the property tax cap for the coming fiscal year by the adoption of a local law approved by a vote of sixty percent (60%) of said governing body.

Section 3. Tax Levy Limit Override

The City Commission of the City of Sherrill, County of Oneida, is hereby authorized to adopt a budget for the fiscal year commencing January 1, 2014 that requires a real property tax levy in excess of the amount otherwise prescribed in General Municipal Law §3-c.

Section 4. Severability

If a court determines that any clause, sentence, paragraph, subdivision, or part of this local law or the application thereof to any person, firm or corporation, or circumstance is invalid or unconstitutional, the court’s order or judgment shall not affect, impair, or invalidate the remainder of this local law, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, or part of this local law or in its application to the person, individual, firm or corporation or circumstance, directly involved in the controversy in which such judgment or order shall be rendered.

Section 5. Effective date

This local law shall take effect immediately upon filing with the Secretary of State.

Motion was made by M. Hennessy seconded by P. Hubbard to adjourn.

AYES: Hennessy, Hubbard, Merrill, Vineall

Michael Holmes

City Clerk