Cicero Town Councilor Mike Becallo voted no to most of the resolutions on the town board’s April 22 agenda on the grounds that he believed the meeting was “illegal.”
Deputy Supervisor Bill Meyer presided over the meeting in the absence of Supervisor Jessica Zambrano and reminded the audience that he is not a voting member of the town board.
Becallo objected to the meeting because the Cicero town code does not reference the position of deputy supervisor.
New York State Town Law, Article 3, Section 42, says, “The town board of any town may at any time establish the office of deputy supervisor.”
The same section also states, “During the absence or inability to act of the supervisor, or while the office of supervisor is vacant, the deputy supervisor shall preside, when present, at the meetings of the town board and shall be vested with all of the powers and may perform all of the duties of the supervisor under this chapter or any other law, except that he shall have no vote in his capacity as deputy supervisor on matters coming before the town board and he shall not serve as a member of the county board of supervisors.”
Becallo asked town attorney Robert Germain to look up whether Cicero had ever officially established the office of deputy supervisor.
“I’m not the town record keeper,” Germain said, adding that Cicero had had a deputy supervisor for 100 years or more, but the information would not be in the town code.
“If Mr. Germain won’t look it up for us, I don’t feel comfortable [with the meeting],” Becallo said. “Where in the town code does it state this position exists?”
Previously, Tim Burtis had served as Cicero’s deputy supervisor. Burtis was also an elected town board member. Burtis resigned in January when he joined the Onondaga County Legislature. Zambrano appointed Meyer and not a member of the town board to fill the deputy supervisor position.
While the meeting carried on, Becallo voted no to all except two resolutions on the agenda: one recognizing the 60th anniversary of the South Bay Fire Department and another seeking a hardship exemption to the zone change moratorium the town board placed last month on the Route 11 corridor.
“[It’s] a hardship that we applied to him,” Becallo said.
With councilors Becallo and Mark Venesky voting yes and Dick Cushman and Vern Conway voting no, the resolution regarding property owner Richard Ladouceur’s request for a hardship exemption failed.
During the public comment period, former supervisor Judy Boyke said she was not against Ladouceur’s waiver but opposed the moratorium. She asked the board if the moratorium prohibited the sale of property along the Route 11 corridor.
“Apples and oranges,” Cushman said. “There’s nothing in the moratorium that prohibits buying or selling property on Route 11.”
Real estate agent Lee Salvetti told the board that Ladouceur wanted to sell his property at 9166 Brewerton Road, but the contract was contingent on the buyer being able to pursue a zone change of the property in order to build a pole barn for storage.
Don Snyder, resident and zoning board of appeals member, asked the board to reconsider and directed more of his comments specifically to Conway.
“Do we really want to say no to a member of our town?” Snyder asked. “Vern, I was amazed that you voted no because I know you’re pro-business.”
Conway did not respond to Snyder’s comments.
Brewerton Ambulance contract approved
Despite Becallo’s ongoing dissent, the town board also approved a three-year contract with Brewerton Volunteer Fire Department Ambulance, Inc. The town will provide Brewerton Ambulance with $90,000 in 2015, $95,000 in 2016 and $100,000 in 2017.
Michael Stassi, a member of the Board of Brewerton Fire Commissioners, said TLC Medical Transportation “has threatened to pull out” because they haven’t received the $100,000 payment Brewerton Ambulance owes.
Stassi said he gave up his own $12,000 stipend and the Brewerton Fire Department reduced TLC’s rent to bridge the gap. Brewerton Ambulance is looking into partnering with other medical transport agencies. Stassi said the fire department also bills insurance companies to cover its costs.
Boyke questioned Brewerton Ambulance’s finances, calling the billing of insurance companies “double dipping.” She said Stassi is a close friend of Supervisor Zambrano’s and said Brewerton Ambulance did not properly disclose financial records to the town.
“We’ve given everything they’ve asked for,” Stassi said.
Becallo asked town attorney Germain if he reviewed the contract. Germain said he used the previous contract as a guide to craft the new agreement and the fire district allows the town to collect up to $100,000 in taxes each year for Brewerton Ambulance.
Councilors Venesky, Cushman and Conway voted to authorize Zambrano to sign the three-year agreement, and Becallo voted no.