REGULAR MEETING OF THE TOWN BOARD OF

THE TOWN OF NEW HARTFORD, NEW YORK,

HELD AT BUTLER MEMORIAL HALL IN THE VILLAGE OF NEW HARTFORD ON WEDNESDAY, JANUARY 5, 2005 AT 7:00 P.M.

The Town Supervisor called the meeting to order at 7:00 P.M. and led those in attendance in the Pledge of Allegiance to the American Flag. The roll was then taken with the following Town Officials and Department Heads being present during the progress of the meeting:

TOWN BOARD MEMBERS: Councilman Donald C. Backman

Councilman John C. Waszkiewicz III

Councilman David W. Butler

Councilman Richard B. Woodland, Jr.

Supervisor Ralph B. Humphreys

OTHER TOWN OFFICIALS: Police Chief Raymond Philo

Town Clerk Gail Wolanin Young, CMC/RMC

OTHERS: Attorney Vincent Rossi, Jr. (Arrived at 7:53 P.M.)

Thereafter, a quorum was declared present for the transaction of business.

MATTERS SUBMITTED BY COUNCILMEN

Councilman Waszkiewicz:

Manner of Payroll Payment for certain Town Officials/employees

As a result of numerous discussions on salaried vs hourly employees over the past year, Councilman Waszkiewicz introduced the following Resolution for adoption, seconded by Councilman Butler:

(RESOLUTION NO. 1 OF 2005)

WHEREAS, the Town of New Hartford ("Town") recognizes that its employees are the most important asset to the Town and its government;

WHEREAS, positive employee relations and goodwill among employees are beneficial to help foster productivity and amicable interactions with the public;

WHEREAS, cost effective and efficient delivery of services is dependent in large part upon a dedicated group of salaried, exempt (as well as hourly) employees;

WHEREAS, the Town recognizes an obligation to treat all employees, including its salaried exempt employees, equally and fairly;

NOW, THEREFORE, BE IT RESOLVED as follows:

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That the Town will determine the salary of all exempt employees for 2005 and beyond, until a different resolution be adopted, by taking the projected annual salary for 2005 for each salaried, exempt employee and dividing that salary figure by twenty-six (26), to obtain a gross bi-weekly salary figure. That gross bi-weekly salary figure will be paid to the salaried, exempt employee in a bi-weekly payroll check, subject to deductions for tax, benefits, and other lawfully authorized purposes in accordance with Town personnel policy. From this time forward, the Town will hire and pay salaries for exempt employees on the foregoing basis. Salary increases, if any, for salaried, exempt employees will be determined annually and will take effect on or about the first payroll of each calendar year.

After brief further discussion, the Town Board voted upon roll call as follows:

Councilman Waszkiewicz - Aye

Councilman Butler - Aye

Councilman Woodland - Aye

Councilman Backman - Nay

Supervisor Humphreys - Nay.

Thereafter, the Resolution was declared carried and duly ADOPTED.

REPORTS OF TOWN OFFICIALS

Town Clerk:

Reorganizational Resolutions

Councilman Woodland then introduced the following Resolutions for adoption, seconded by Councilman Waszkiewicz:

(RESOLUTION NO. 2 OF 2005)

RESOLVED that the Town Board of the Town of New Hartford does hereby establish the normal operating hours for the Town of New Hartford offices to be 8:00 A.M. through 4:00 P.M., Mondays through Fridays during Fiscal Year 2005;

RESOLVED that Ralph B. Humphreys, Supervisor of the Town of New Hartford, New York, be and he hereby is authorized and directed to sign all checks for the disbursement of funds of the Town of New Hartford for the Fiscal Year 2005;

RESOLVED that the New Hartford Town Board does hereby re-adopt the "TOWN OF NEW HARTFORD EMPLOYEES HANDBOOK", prepared by AMTEK, dated

September 15, 1999, and thereafter amended from time to time. Found within this

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manual is the official schedule of fringe benefits of non-union personnel for the year 2005;

RESOLVED that the New Hartford Town Board does hereby establish the mileage rate at thirty-six cents ($.36) for all Town Officials and employees while performing regular and continuous business transactions in and for the Town of New Hartford during the Fiscal Year 2005;

RESOLVED that the New Hartford Town Board does hereby authorize the Town Supervisor to retain an auditing firm to audit the 2004 financial accounts and for subsequent preparation of the 2004 Annual Report, that auditing firm being Patrick Tyksinski, CPA;

RESOLVED that the Town Board of the Town of New Hartford does hereby designate as Official Depositories in which all funds of the Town of New Hartford shall be deposited in 2005 the following institutions:

and that the Town Supervisor or Bookkeeper of said Town be and hereby is authorized and directed to secure a Pledge of Security covering the maximum amount of money the Town would have on deposit at any one time during the Fiscal Year 2005 from each of the Official Depositories designated. A written security agreement and custodial agreement (which can be combined into one document) must be obtained. The Town, however, will try to have delivery of the collateral to an unrelated third party. If this cannot be effected, then all pertinent legal and financial risks will be evaluated;

RESOLVED that the Town Board of the Town of New Hartford does hereby authorize the Town Supervisor or Bookkeeper of the said Town to deposit funds not needed for immediate expenditures in the form of interest-bearing Certificates of Deposit, Repurchase Agreements, Treasury Bills and Money Market Certificates with the Official Depositories listed in the official Investment Policy of the Town, which policy is presented herein as a separate Resolution;

RESOLVED that the New Hartford Town Board does hereby appoint Donald C. Backman as Marriage Officer in and for the Town of New Hartford for a one-year term

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commencing January 1, 2005 and ending December 31, 2005;

RESOLVED that the Town Board of the Town of New Hartford does hereby appoint the New Hartford Historical Society as the Town’s Historian for the Fiscal Year 2005 at a contractual sum of $3,300.00;

RESOLVED that the Rules of Procedure which were initially adopted April 21, 1965, and amendments thereto, are hereby affirmed and re-adopted by the New Hartford Town

Board for the Fiscal Year 2005 as set forth in the attached Schedule "A" that is made a part of this resolution;

RESOLVED that the New Hartford Town Board does hereby appoint Councilman Butler as the Delegate to attend the Annual Business Session of the Association of Towns of the State of New York, (Councilman Backman as Alternate), to be held at New York, New York on February 23, 2005 and to cast the vote of the aforesaid Town, pursuant to Section 6 of Article 3 of the Constitution and By-laws of said Association;

RESOLVED that the New Hartford Town Board does hereby confirm the Supervisor’s appointment of Donald C. Backman as Deputy Town Supervisor for a term of one (1) year commencing January 1, 2005, with a corresponding stipend of One Thousand Dollars ($1,000.) to Councilman Backman for 2005;

RESOLVED that Donald C. Backman, Deputy Town Supervisor of the said Town be, and he hereby is authorized and directed to sign all checks for disbursements of funds of said Town for Fiscal Year 2005, in the absence of the Town Supervisor;

RESOLVED that the New Hartford Town Board does hereby authorize the Town Supervisor or Bookkeeper to pay bills/expenses to Niagara Mohawk, the Mohawk Valley Water Authority, all telephone carriers, to the Town’s designated vendors for all insurance premiums, to the New York State and Local Retirement Systems (Employees’ Retirement System and Police and Fire Retirement System) for employer contributions, without prior final audit by the Town Board;

RESOLVED that the New Hartford Town Board does hereby re-adopt the purchasing policies and procedural manual, originally adopted on January 1, 1992 and revised on January 1, 1995;

RESOLVED that the New Hartford Town Board does hereby re-adopt the Official Investment Policy for the Town of New Hartford originally adopted on March 3, 1993 and in accordance with Chapter 708 of the Laws of 1992;

 

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RESOLVED that the Town Board of the Town of New Hartford does hereby designate The Observer Dispatch as the Town’s official newspaper for Fiscal Year 2005.

SCHEDULE "A"

RULES OF PROCEDURE

  1. REGULAR MEETINGS:

Regular meetings of the New Hartford Town Board shall be held in the Community Meeting Room of Butler Memorial Hall, 48 Genesee Street, New Hartford, New York on the first and third Wednesdays of January, February, March, April, October, November and December at 7:00 P.M. for the Fiscal Year 2005, and on the first and third Wednesdays of May, June, July, August and September in the Kellogg Road Community Center Building at 7:00 P.M. The Town Board reserves the right to dispense with the second regularly-scheduled meeting each month if no urgent matters need the Town’s attention; if cancelled, notice shall be provided to the Department Heads and the news media by the Friday immediately preceding the meeting to be cancelled;

In addition, the Town Board shall meet on or after the 28th day of December but not later than the 31st day of December as determined by the Supervisor pursuant to Law.

  1. SPECIAL MEETINGS:
  2. The Supervisor may, and upon written request of two (2) members of the Board, call a special meeting of the Town Board at any time by giving at least two (2) days’ notice in writing to the other members of the Board of the time when and the place where the meeting is to be held.

  3. QUORUM:
  4. A majority of the Board shall constitute a quorum for the transaction of business, but a lesser number may adjourn.

  5. VOTING UPON QUESTIONS:
  6. Every act, motion or resolution shall require for its adoption the affirmative vote of a majority of all members of the Town Board, except in such instances in which a large number of affirmative votes shall be required by law. The vote upon every question shall be taken by ayes and nays, and the names of the members present and their votes shall be entered in the minutes.

  7. STANDING COMMITTEES:
  8. The Supervisor shall appoint the following Standing Committees:

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    Such Committees shall consist of members of the Board and shall assist the Town Board in the performance of its duties with reference to such matters as may from time to time be referred to such Committees.

    1. SPECIAL COMMITTEES:
    2. The Town Board may, from time to time, appoint such Special Committees as may be deemed desirable to assist the Board in performance of its duties. Such Committees may include Town Officers other than Board members in their membership in an advisory capacity only.

        1. Chair open meetings
        2. Act as the official spokesperson for said group

      Duties of Vice-Chairperson shall include:

        1. Assume the duties of the Chairperson in their absence

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            1. Participation shall be based on written request to the

      Department Head for consideration.

        1. Appointed by the Town Board
        2. If there are more volunteers than openings, membership shall be determined by the Department Head who shall consider:
            1. Resume or list of qualifications
            2. Personal interview

      Zoning Board of Appeals

      Planning Board

      Board of Assessment Review

      Police Commission.

      1. ORDER OF BUSINESS:
      2. The business of all regular meetings of the Town Board shall be transacted in the following order:

        • Reading of minutes of previous meeting, unless waived by a majority of the members of the Board present
        • Consideration of Public Presentations
        • Reports of Town Officials
        • Reports of Standing Committees
        • Reports of Special Committees
        • Public Hearings (8:00 P.M.)
        • Consideration of matters submitted by Town Board members
        • Consideration of matters submitted by Town Supervisor in the following order:

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            • Financial and other routine reports
            • Miscellaneous communications
            • Unfinished business
            • New business.
        1. LEGISLATIVE MATTERS:
        2. All resolutions, ordinances and local laws, other than routine resolutions approving payment of bills, minutes and like matters, shall be in writing and filed with the Town Clerk and made available to Board members not later than the Saturday prior to the meeting at which they are to be introduced unless this provision be waived as to any such resolution, ordinance or local law by a majority of the members of the Board present at such meeting.

          Resolutions, ordinances and local laws shall be introduced in the regular order of business and shall be read aloud by the Town Clerk before being acted upon by the Board.

        3. ABSENCE OF SUPERVISOR:
        4. In the absence of the Supervisor, the Deputy Supervisor shall call the Town Board to order and shall be Chairman of the meeting; and, in the absence of the Supervisor and the Deputy Supervisor, then the Town Clerk shall call the Town Board to order and if a quorum be present, the Town Board shall elect one of its members as Chairman of the meeting.

        5. MEMBERS MAY NOT ABSENT THEMSELVES:
        6. No member of the Town Board may absent himself from a meeting of the Town Board for more than ten (10) minutes at a time unless for good cause he is excused by the Supervisor.

        7. REFUSAL TO VOTE:
        8. Each member of the Board shall vote upon each question presented unless for good cause he is excused therefrom by the unanimous consent of all members of the Board present. Any member refusing to vote other than by consent of the Board shall be subject to a motion of censure.

        9. PARLIAMENTARY RULES:
        10. Except as otherwise provided herein, all parliamentary questions shall be decided in accordance with the latest edition of Roberts’ Rules of Order, revised, for deliberative assemblies.

           

           

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        11. SUSPENSION OF RULES:

        Any rule of the Town Board may at any time be temporarily suspended for special reasons by a majority vote of all of the members of the Town Board present at a meeting thereof. No permanent alteration may be made except by resolution in writing duly filed with the Town Clerk prior to the meeting at which such amendment is introduced.

        The Town Board voted upon roll call, resulting as follows:

        Councilman Waszkiewicz - Aye

        Councilman Butler - Aye

        Councilman Woodland - Aye

        Councilman Backman - Aye

        Supervisor Humphreys - Aye.

        The Supervisor declared the Resolutions unanimously carried and duly ADOPTED.

        Appointment – Attorney for the Town

        The following Resolution was introduced for adoption by Councilman Backman and duly seconded by Councilman Waszkiewicz:

        (RESOLUTION NO. 3 OF 2005)

        RESOLVED that the New Hartford Town Board does hereby retain the professional legal services of Vincent J. Rossi, Jr. as Attorney for the Town for fiscal year 2005, at the contractual hourly rate of One Hundred Dollars ($100) for services rendered in Town offices and at the contractual hourly rate of One Hundred Twenty-five Dollars ($125) for services rendered in his private law office.

        A roll call was duly held and resulted as follows:

        Councilman Waszkiewicz - Aye

        Councilman Butler - Aye

        Councilman Woodland - Aye

        Councilman Backman - Aye

        Supervisor Humphreys - Aye.

        The Resolution was declared unanimously carried and duly ADOPTED.

        Appointment – Planning Board Chairman

        The Town Supervisor presented the name of current Planning Board member N. Joseph Yagey for re-appointment as Chairman of that Board for one (1) year. After Councilman Butler announced that he had been contacted by several Planning Board members who

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        recommended that current Planning Board member Hans G. Arnold be appointed as Chairman, the matter was deferred until the January 19, 2005 Town Board meeting.

        "Hold-over" Appointment – Planning Board

        Due to health-related issues, the Supervisor announced that Ronald Morelle [whose term expired December 31, 2004] had agreed to be a "hold-over" Planning Board member for a six month period, at which time his re-appointment will be reviewed.

        Appointment – Zoning Board of Appeals Chairman

        Councilman Backman offered the following Resolution for adoption, seconded by Councilman Butler:

        (RESOLUTION NO. 4 OF 2005)

        RESOLVED that the New Hartford Town Board does hereby re-appoint Randy Bogar as Chairman of the Zoning Board of Appeals for a one (1) year period, commencing January 1, 2005 and ending December 31, 2005, subject to Mr. Bogar’s acceptance of this appointment.

        The Town Clerk polled the Town Board members who voted as follows:

        Councilman Waszkiewicz - Aye

        Councilman Butler - Aye

        Councilman Woodland - Aye

        Councilman Backman - Aye

        Supervisor Humphreys - Aye.

        The Resolution was declared unanimously carried and duly ADOPTED.

        Appointment – Police Commission

        The Town having received a letter from John Shaw expressing his interest in re-appointment to the Police Commission, which also recommended his re-appointment, Councilman Butler offered the following Resolution for adoption and Councilman Waszkiewicz seconded same:

        (RESOLUTION NO. 5 OF 2005)

        RESOLVED that the Town Board of the Town of New Hartford does hereby re-appoint John M. Shaw as a Member of the Town Police Commission for a five-year term commencing January 1, 2005 and ending December 31, 2009.

        The Town Board members voted individually as follows:

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        Councilman Waszkiewicz - Aye

        Councilman Butler - Aye

        Councilman Woodland - Aye

        Councilman Backman - Aye

        Supervisor Humphreys - Aye.

        The Resolution was declared unanimously carried and duly ADOPTED.

        Appointments - 2005 Town Board Standing Committees

        Supervisor Humphreys submitted his list of Standing Committees for fiscal year 2005:

        Committee Chairperson Co-Chairperson Term To Expire

        Assessor Backman Waszkiewicz December 31, 2005

        Elections Woodland Waszkiewicz December 31, 2005

        Human Resource Butler Woodland December 31, 2005

        Library Waszkiewicz Butler December 31, 2005

        Motor Pool Backman Woodland December 31, 2005

        Parks & Recreation Waszkiewicz Woodland December 31, 2005

        Public Safety & Courts Backman Waszkiewicz December 31, 2005

        Public Works/Sewer Backman Butler December 31, 2005

        School/Village/Town

        Liaison Butler Backman December 31, 2005

        Senior Citizen Waszkiewicz Butler December 31, 2005

        Town Clerk Butler Woodland December 31, 2005

        Zoning & Planning Woodland Backman December 31, 2005

        Appointments - Safety Committee

        After a brief discussion, Councilman Backman introduced the following Resolution for adoption, seconded by Councilman Butler:

        (RESOLUTION NO. 6 OF 2005)

        RESOLVED that the New Hartford Town Board does hereby appoint the following individuals to the Safety Committee, initially created on August 1, 2001 and expanded on January 16, 2002 by a 6th position (Parks Department) and on January 7, 2004 by a 7th position (Senior Services Department):

        Town Resident Member:

        • Robert Payne, subject to his acceptance of the appointment

        (two-year term commencing January 1, 2005 and ending December 31,

        2006)

        • Note: One (1) vacant two-year position since December 31, 2003

        Town Department Representatives (one-year appointments)

        • Personnel Assistant Barbara Aiello

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        • Parks and Recreation Director Michael W. Jeffery
        • Police Chief Raymond Philo
        • Deputy Highway Superintendent Anthony DeCuffa (in event he is not available to attend a meeting(s), Highway Superintendent Roger Cleveland is to attend)
        • Director of Senior Services M. Eileen Spellman

        Upon roll call, the Town Board members voted as follows:

        Councilman Waszkiewicz - Aye

        Councilman Butler - Aye

        Councilman Woodland - Aye

        Councilman Backman - Aye

        Supervisor Humphreys - Aye.

        The Resolution was declared unanimously carried and duly ADOPTED.

        Ethics Committee

        It was the consensus of the Town Board that the three-member Ethic Committee, comprised of Richard B. Woodland, Jr., Nathaniel Richmond and a vacant position, not be disbanded and that, in the event a situation arises, that the Town would use the County Ethics Committee.

        Appointments – 24-Hour Emergency Dispatch Committee

        After the Police Chief verified the member list of the 24-Hour Emergency Dispatch Committee, Councilman Waszkiewicz introduced the following Resolution for adoption; seconded by Councilman Butler:

        (RESOLUTION NO. 7 OF 2005)

        RESOLVED that the Town Board of the Town of New Hartford does hereby appoint the following individuals to the 24-Hour Emergency Dispatch Committee commencing January 1, 2005 and ending December 31, 2005:

        1. Jeffrey P. Madden, Central Dispatch

        2. Raymond Philo, New Hartford Police Chief

        3. Brad Frankland, New York Mills Police Chief

        4. David Reynolds, New Hartford Fire Chief

        5. Robert Glenn, New York Mills Fire Chief

        6. William Hughes, Willowvale Fire Chief

        7. Gary Edwards, Edwards Ambulance

        8. Daniel Verminski, Central Oneida County Ambulance

          1. George Nassar, Central Oneida County Ambulance

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        10. Rodger Reynolds, New Hartford Village Representative

        11. Robert Maciol, New York Mills Village Mayor

        12. Janet Hughes, Town Police Commission member

        13. Donald Backman, First Ward Councilman/Town Board

        14. John C. Waszkiewicz III, Second Ward Councilman/Town Board

        15. Roger Cleveland, Town Highway Superintendent

        16. Barbara J. Aiello, Town Personnel Assistant

        17. Terrance P. Martin, Citizen at large

        18. Lawrence Gilroy, Chairman

        Recording Secretary – Amy Topor.

        The foregoing Resolution was subject to a vote upon roll call as follows:

        Councilman Waszkiewicz - Aye

        Councilman Butler - Aye

        Councilman Woodland - Aye

        Councilman Backman - Aye

        Supervisor Humphreys - Aye.

        The Resolution was declared unanimously carried and duly ADOPTED.

        Employee Handbook, Section 500 – Operational Policies (Vehicle Usage)

        Because the Town Clerk had not received any requests from Town Department Heads for use of Town vehicles during calendar year 2005, Councilman Backman, who is Chairman of the Motor Pool Committee, will contact employees and also advise them that, with the exception of the Police Chief, a mileage log must be maintained.

        Training School

        Upon request of the Town Clerk, the following Resolution was introduced for adoption by Councilman Waszkiewicz and duly seconded by Councilman Butler:

        (RESOLUTION NO. 8 OF 2005)

        WHEREAS, Section 77-b of the General Municipal Law allows the governing board of municipalities to authorize any officer or employee to attend a convention, conference or school conducted for the betterment of such municipality;

        NOW, THEREFORE, BE IT RESOLVED that the Town Board of the Town of New Hartford does hereby grant permission to Town Clerk Gail Wolanin Young to attend the 23rd Annual New York State Town Clerks Association Conference from April 17 through

        April 20, 2005 in Buffalo, New York, with expenses to be borne by said Town as

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        budgeted.

        The Resolution was voted upon by roll call as follows:

        Councilman Waszkiewicz - Aye

        Councilman Butler - Aye

        Councilman Woodland - Aye

        Councilman Backman - Aye

        Supervisor Humphreys - Aye.

        The Resolution was declared unanimously carried and duly ADOPTED.

        Request for Use of Voting Machines

        Town Clerk Gail Wolanin Young presented a request from the Village of New York Mills for use of Town voting machines; Councilman Waszkiewicz offered the following Resolution for adoption, seconded by Councilman Woodland:

        (RESOLUTION NO. 9 OF 2005)

        RESOLVED that the New Hartford Town Board does hereby grant permission to the Village of New York Mills to use two (2) Town voting machines for the Village Election on Tuesday, March 15, 2005, with the understanding that the transportation and set-up of the machines shall be arranged with Voting Machine Custodian Michael W. Jeffery.

        A roll call vote ensued:

        Councilman Waszkiewicz - Aye

        Councilman Butler - Aye

        Councilman Woodland - Aye

        Councilman Backman - Aye

        Supervisor Humphreys - Aye.

        The Resolution was declared unanimously carried and duly ADOPTED.

        MATTERS SUBMITTED BY TOWN SUPERVISOR

        2005 Salary Schedule

        The Personnel Assistant had provided the Town Supervisor with a list of salaries that coincide with the 2005 approved budget; therefore, Councilman Waszkiewicz offered the following Resolution for adoption, seconded by Councilman Butler:

        (RESOLUTION NO. 10 OF 2004)

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        WHEREAS, Town Law, Section 27, provides that the Town Board of each town shall fix, from time to time, the salaries of all officers, officials and employees of said town, whether elected or appointed, and determine when the same shall be payable;

        NOW, THEREFORE, BE IT RESOLVED that the Town Board of the Town of New Hartford does hereby approve and establish the following Schedule of 2005 Salaries for the employees and officials of the Town of New Hartford, payable in the manner designated:

        A1010.1 Councilman Donald C. Backman $ 6,165, bi-weekly

        A1010.1 Deputy Town Supervisor Donald C. Backman $ 1,000, bi-weekly

        A1010.1 Councilman David W. Butler $ 6,165, bi-weekly

        A1010.1 Councilman John C. Waszkiewicz III $ 6,165, bi-weekly

        A1010.1 Councilman Richard B. Woodland, Jr. $ 6,165, bi-weekly

        A1110.1 Town Justice James VanSlyke $15,962, bi-weekly

        A1110.1 Senior Justice James VanSlyke $ 2,500, bi-weekly

        A1110.1 Town Justice William M. Virkler $15,962, bi-weekly

        A1110.11 Clerk to Court Justice Ann Rose $28,902.10 bi-weekly

        A1110.12 Court Attendant John Rukavena $ 22.16/hr, bi-weekly

        A1110.13 Clerk to Court Justice Donna Fanelli $23,368.44, bi-weekly

        A1110.16 Part-time Clerk Mary Kennedy $ 8.50/hr, bi-weekly

        A1220.1 Supervisor Ralph Humphreys $14,795, bi-weekly

        A1220.2 Confidential Secretary Carol Ryan $33,712.22 bi-weekly

        A1315.11 Bookkeeper Carol D. Fairbrother $52,167.44, bi-weekly

        A1315.12 Account Clerk Janice O’Sullivan $20,215.45, bi-weekly

        A1330.1 Receiver of Taxes Hilarie Elefante $23,187, bi-weekly

        A1330.11 Deputy Receiver of Taxes Kathleen Glenn $11,940.43, bi-weekly

        A1355.1 Assessor Paul E. Smith $43,709.08, bi-weekly

        A1355.11 Deputy Assessor Janet L.Halpin $31,827, bi-weekly

        A1355.12 Clerk Patricia Vasco $20,866.84, bi-weekly

        A1355.13 BAR Chairman Matthew Bohn $ 500, annually

        A1355.13 BAR Member Duane C. Farr $ 400, annually

        A1355.13 BAR Member Catherine Lawrence $ 400, annually

        A1355.13 BAR Member Edward F. Goggin $ 400, annually

        A1355.13 BAR Member Jonathan Purdy $ 400, annually

        A1410.1 Town Clerk Gail Wolanin Young $33,385, bi-weekly

        B4020.1 Registrar of Vital Statistics Gail Wolanin Young $ 9,860, bi-weekly

        B4020.11 Deputy Registrar Robin L. Brindisi $28,412.55, bi-weekly

        A1410.11 Deputy Town Clerk I Margaret M. Jones $23,861.76, bi-weekly

        A1410.12 Part-time Clerk Andrea K. Toomey $ 10.61/hr, bi-weekly

        A1410.13 Deputy Town Clerk II Nancy E. Kneller $19,626.65, bi-weekly

        A1430.1 Personnel Assistant Barbara J. Aiello $30,388.42, bi-weekly

        A1440.1 Part-time Engineer Roger A. Cleveland $ 7,924, bi-weekly

        A5010.1 Highway Superintendent Roger A. Cleveland $41,470, bi-weekly

        S8110.1 Sewer Engineer Roger A. Cleveland $16,761, bi-weekly

        A1440.11/

        S8110.15 Senior Engineering Technician John Meagher $52,167.44, bi-weekly

        A1620.11 Cleaner (Substitute) Lewis Smith $ 8.71/hr, bi-weekly

        A1620.11 Cleaner Roger Jones $ 8.20/hr, bi-weekly

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        A1620.11 Bldgs & Grounds/Traffic Michael Coonradt $ 2,080, bi-weekly

        A3120.11 Police Chief Raymond Philo $74,237.25, bi-weekly

        A3120.1 Police Lieutenant Timothy O’Neill SALARIES

        A3120.1 Police Sergeant Daniel Appler TO BE

        A3120.1 Police Sergeant Richard Hammond SET

        A3120.1 Police Sergeant Marc Marziale BY

        A3120.1 Police Officer Christopher Burns UNION CONTRACT

        A3120.1 Police Officer Paul Colburn SALARIES

        A3120.1 Police Officer Daniel Herman TO BE

        A3120.1 Police Officer Michael Inserra SET

        A3120.1 Police Officer Matthew Sica II BY

        A3120.1 Police Officer Michael Kowalski UNION

        A3120.1 Police Officer Steven Laymon CONTRACT

        A3120.1 Police Officer Robert Philo

        A3120.1 Police Officer Brad Pietryka SALARIES

        A3120.1 Police Officer Richard Salamone TO

        A3120.1 Police Officer C. Edward Schmidt BE

        A3120.1 Police Officer Peter Colburn SET

        A3120.1 Police Officer (vacancy) BY

        A3120.1 Police Officer Joseph Corr UNION

        A3120.1 Police Officer Ronald Fontaine CONTRACT

        A3120.1 Police Officer Part-time Scott Adsit

        A3120.1 Police Officer Part-time Raymond Hamo SALARIES

        A3120.1 Police Officer Part-time Peter Hawes TO

        A3120.1 Police Officer Part-time Francis Manfredo BE

        A3120.1 Police Officer Part-time Michael Reilly SET

        A3120.1 Police Officer Part-time Richard Sherman BY UNION CONTRACT

        A3120.1 Police Officer Part-time Jordan Spinella SALARIES

        A3120.12 Senior Typist Susan Donnenwirth TO BE

        A3120.13 Senior Clerk Amy Topor SET BY

        A3120.18 Senior Account Clerk/Typist Michelle Moran UNION CONTRACT

        A3120.14 School Crossing Guard Rosemari Bennett $ 7.71 hr, bi-weekly

        A3120.14 School Crossing Guard Edward Bowes $ 7.71 hr, bi-weekly

        A3120.14 School Crossing Guard MaryAnn Jordan $ 7.71 hr, bi-weekly

        A3120.14 School Crossing Guard Jane Kreutzer $ 7.71 hr, bi-weekly

        A3120.14 School Crossing Guard Jacqueline Mosowski $ 7.71 hr, bi-weekly

        A3120.14 School Crossing Guard Thomas Randall $ 7.71 hr, bi-weekly

        A3120.14 School Crossing Guard Lewis Smith $ 7.71/hr, bi-weekly

        A3120.14 School Crossing Guard James Wilcox $ 7.71/hr, bi-weekly

        A3120.14 School Crossing Guard Mary Wilcox $ 7.71/hr, bi-weekly

        A3120.14 School Crossing Guard M. Doreen Reynolds $ 7.71/hr, bi-weekly

        A3120.14 School Crossing Guard Janet Reynolds $ 7.71/hr, bi-weekly

        A3120.12 Part-time Clerk (Police Comm.) Barbara Couture $ 8.74/hr, bi-weekly

        A3220.1 Dispatch Supervisor Jeffrey Madden $36,961.60, bi-weekly

        A3220.11 Dispatcher Michael Brunet SALARIES

        A3220.11 Part-time Dispatcher Daniel Buley TO

        A3220.11 Dispatcher Craig Burnop BE

        A3220.11 Part-time Dispatcher Thomas Cook SET

        A3220.11 Part-time Dispatcher Joseph Crandall BY

        A3220.11 Part-time Dispatcher Jarod Petrie UNION

        A3220.11 Dispatcher Gregory DeBernardis CONTRACT

        REGULAR TOWN BOARD MEETING

        January 5, 2005

        Page 17

        A3220.11 Dispatcher Deborah Demko SALARIES

        A3220.11 Part-time Dispatcher Vito Sinisgalli TO

        A3220.11 Part-time Dispatcher Steven Sickler BE

        A3220.11 Dispatcher Steve Ingersoll SET BY UNION

        A3220.11 Part-time Dispatcher Nicholas Morosco CONTRACT

        A3220.11 Part-time Dispatcher James Kreutzer SALARIES TO

        A3220.11 Part-time Dispatcher David Maier BE

        A3220.11 Part-time Dispatcher Laurie Marshall SET

        A3220.11 Part-time Dispatcher Michael Geller BY

        A3220.11 Part-time Dispatcher Michael Talento UNION

        A3220.11 Dispatcher Nancy Woeltje CONTRACT

        A3510.1 Animal Control Officer Shawn Morgan $32,459.30, bi-weekly

        A3510.11 Part-time ACO Frank McCully $ 10.61/hr, bi-weekly

        A5010.11 Deputy Highway Supt. Anthony DeCuffa $60,861.71, bi-weekly

        A6772.1 Director of Senior Services M. Eileen Spellman $28,704.77, bi-weekly

        A6772.11 Meal Site Manager, Part-time,

        M. Doreen Reynolds $ 9.41/hr, bi-weekly

        A6772.12 Clerk Part-time Patricia Butler $ 10.50/hr, bi-weekly

        A6772.13 Food Service Helper Margaret Brady $ 8.20/hr, bi-weekly

        A6772.13 Food Service Helper Robin Sherman $ 7.98/hr, bi-weekly

        A6772.13 Food Service Helper Kathleen Cleveland $ 7.98/hr, bi-weekly

        A6772.13 Food Service Helper Adella Roberts $ 7.98/hr, bi-weekly

        A6772.13 Food Service Helper Mary Appler $ 8.61/hr, bi-weekly

        A6772.13 Bus Driver Robert Garrabrant $ 10.38/hr, bi-weekly

        A6772.13 Food Service Helper Jack Jecko $ 8.20/hr, bi-weekly

        A6772.13 Bus Driver Diane Muller $ 11.02/hr, bi-weekly

        A6772.13 Bus Driver (Sub) William Stevenson $ 11.02/hr, bi-weekly

        A6772.13 Bus Driver (Sub) Scott Vanderver $ 11.02/hr, bi-weekly

        A7020.1 Recreation Center Mgr John C. Cunningham $ 21.42/hr, bi-weekly

        A7020.11 Working Supervisor Mark Roller $ 15.86/hr, bi-weekly

        A7020.12 Laborer Sheldon Gordon $ 9.03/hr, bi-weekly

        A7110.1 Parks and Recreation Director Michael Jeffery $ 24.70/hr, bi-weekly

        A1450.11 Voting Machine Custodian Michael Jeffery $ 2,366.87, bi-weekly

        A7110.11 Working Supervisor Brian Jenny $ 17.42/hr, bi-weekly

        A1450.12 Asst Voting Machine Custodian Michael Natale $ 1,542.55, bi-weekly

        A7110.13 Clerk Maureen Owens $ 16.69/hr, bi-weekly

        A7310.1 Youth Employment Director Maureen Owens $ 4,891.47, bi-weekly

        A7110.15 Recreation Maintenance Worker

        James Campbell $ 13.00/hr, bi-weekly

        A7110.18 Recreation Maintenance Worker

        Michael Natale $ 12.00/hr, bi-weekly

        A7110.19 Recreation Maintenance Worker John Randall $ 12.00/hr, bi-weekly

        B8010.1 Codes Enforcement Officer Gerald F. Back $57,333.16, bi-weekly

        B8010.11 Zoning Board of Appeals Chairman

        Randy J. Bogar $ 2,000, semi-annual

        B8010.11 ZBA Member John Montrose $ 1,000, semi-annual

        B8010.11 ZBA Member Stephen Welty $ 1,000, semi-annual

        B8010.11 ZBA Member Timothy Tallman $ 1,000, semi-annual

        B8010.11 ZBA Member Kristin Shaheen $ 1,000, semi-annual

        B8010.11 ZBA Member Frederick Kiehm $ 1,000, semi-annual

        B8010.11 ZBA Member Robert Schulman $ 1,000, semi-annual

        REGULAR TOWN BOARD MEETING

        January 5, 2005

        Page 18

        B8010.13 Asst. Codes Enforcement Officer Joseph Booth $37,675.74, bi-weekly

        B8010.15 CEO – Village, Joseph Booth $ 4,000, bi-weekly

        B8010.14 Senior Stenographer Dolores B. Shaw $34,184.32, bi-weekly

        B8010.16 Part-time Clerk (Codes) Vacant $ 7.75/hr, bi-weekly

        B8010.19 Part-time Codes Officer Ronald Thomas $ 6,695, bi-weekly

        B8020.12 Planner Kurt Schwenzfeier $43,260, bi-weekly

        B8020.1 Planning Board Chairman N. Joseph Yagey $ 2,000, semi-annual

        B8020.1 Planning Board Member Robert Imobersteg $ 1,000, semi-annual

        B8020.1 Planning Board Member Gerald Green $ 1,000 semi-annual

        B8020.1 Planning Board Member Jerome F. Donovan $ 1,000, semi-annual

        B8020.1 Planning Board Member Hans Arnold $ 1,000, semi-annual

        B8020.1 Planning Board Member Robert Wood $ 1,000, semi-annual

        B8020.1 Planning Board Member Ronald Morelle $ 1,000, semi-annual

        D5110.1 Highway HEO – Thomas Panzone, Sr. SALARIES

        D5110.1 Highway HEO – Lawrence Miller TO BE

        D5110.1 Highway HEO – Richard Manuele SET

        D5110.1 Highway HEO– Richard Davies BY UNION

        D5110.1 Highway HEO – Douglas Gehringer CONTRACT

        D5110.1 Highway HEO – William Smith SALARIES

        D5110.1 Highway Automotive Mechanic – Kim Griffith TO

        D5110.1 Highway HEO – William Marshall BE

        D5110.1 Highway Automotive Mechanic – Jack Webb SET

        D5110.1 Highway MEO – Michael Roberts BY

        D5110.1 Highway MEO – Joseph Fletcher UNION

        D5110.1 Highway MEO – Kevin Martin CONTRACT

        D5110.1 Highway MEO - Michael Coonradt SALARIES

        D5110.1 Working Foreman – Christopher Moran TO

        D5110.1 Highway MEO – Michael Smoulcey BE

        D5110.1 Highway MEO – Corey Halpin SET

        D5110.1 Highway MEO – David DeBlois BY

        D5110.1 Highway Automotive Mechanic – Gerald Webb UNION

        A5010.14 Highway Clerk – Candy Currier CONTRACT

        D5110.1 Highway MEO – Timothy Solan SALARIES

        D5110.1 Highway MEO – Jeffery Mundrick TO

        D5110.1 Highway Laborer – Wayne Smoulcey BE

        D5110.1 Highway Laborer – Thomas Panzone, Jr. SET

        D5110.1 Highway Laborer – John Kelly BY

        D5110.1 Highway Laborer Brian Smith UNION CONTRACT

        D5110.1 Highway – Various seasonal laborers SALARIES

        S8110.13 Sewer Dept HEO Norman Naber TO BE

        S8110.13 Sewer Dept HEO Robert Dziedzic SET BY

        S8110.13 Sewer Dept MEO UNION CONTRACT

        all payable bi-weekly.

        The Town Board members voted upon roll call that resulted as follows:

        Councilman Waszkiewicz - Aye

        Councilman Butler - Aye

        REGULAR TOWN BOARD MEETING

        January 5, 2005

        Page 19

        Councilman Woodland - Aye

        Councilman Backman - Aye

        Supervisor Humphreys - Aye.

        The Supervisor declared the Resolution unanimously carried and duly ADOPTED.

        REPORTS OF TOWN OFFICIALS (Cont’d)

        Town Police Chief:

        Chief Philo was present but had no report at this time.

        [NOTE: Attorney Rossi joined the meeting at 7:53 P.M.]

        MATTERS SUBMITTED BY ATTORNEY FOR THE TOWN AND COUNCILMEN

        Attorney for the Town:

        Litigation – Town vs D’Onofrio Contracting (Salt Barn Bid)

        Attorney Rossi announced that the Town of New Hartford won the lawsuit brought against D’Onofrio Contracting relating to the 2001 Competitive Bid for construction of salt barns.

        Road Dedication – Applewood Community

        Attorney Rossi is still waiting road dedication documents for various roads within the Applewood Community off Seneca Turnpike. [NOTE: This matter has been pending since the September 1, 2004 Town Board meeting.]

        Councilman Waszkiewicz:

        Agenda items:

        • Tilden Ave-Taber Road street light – Councilman Waszkiewicz had presented a Petition at the December 29, 2004 Special Town Board meeting, signed by residents who were seeking a street light at this intersection.

        After brief discussion, Councilman Waszkiewicz offered the following Resolution for adoption, seconded by Councilman Butler:

        (RESOLUTION NO. 11 OF 2005)

        RESOLVED that the Town Board of the Town of New Hartford does hereby authorize

        REGULAR TOWN BOARD MEETING

        January 5, 2005

        Page 20

        and direct Niagara Mohawk, a National Grid company, to install one (1) 150-watt high-pressure sodium street light at the intersection of Tilden Avenue and Taber Road, for public safety reasons, as petitioned by residents in that area; the cost of said light and annual energy costs shall be borne by the General Town Street Light District.

        The Town Clerk polled the Town Board members who voted as follows:

        Councilman Waszkiewicz - Aye

        Councilman Butler - Aye

        Councilman Woodland - Aye

        Councilman Backman - Aye

        Supervisor Humphreys - Aye.

        The Resolution was declared unanimously carried and duly ADOPTED.

        • Property Assessments posted on the Town Official Website – Time line for uploading to the Web
        • Improve existing Town Offices – Administrative office layout paid by Butler Memorial Hall Association has not been completed by Hummel’s but is expected to be finished by the February 2005 Town Board meeting
        • Intermunicipal Agreement with Town of Frankfort – addressing stormwater management. Councilman Waszkiewicz sent out a draft and he’ll try to fine tune it with the Frankfort Town Supervisor and address that watershed coming off the hill
        • Town 2005 budget and Pie charts listed on Website - will try to consolidate figures within couple weeks and have the Town Board review before posting on the Website
        • Adopt-A-Highway Program – Councilman Waszkiewicz filed with the Town Clerk information on this program and asked that she distribute copies to the Town Board and Attorney Rossi

        Fire Hydrant Painting/Mohawk Valley Water Authority (MVWA)

        Councilman Waszkiewicz had spoken with a MVWA official, asking if they would paint the Town’s fire hydrants and was told that this request would be presented to the MVWA to see if they can supply manpower and paint. New Hartford Fire Chief David Reynolds stated that the New Hartford Fire Department has an on-going annual program to paint the fire hydrants. Councilman Waszkiewicz thought that the Village of New York Mills might benefit if the MVWA approves this and Councilman Backman was interested for the Willowvale Fire district also.

        MATTERS SUBMITTED BY TOWN SUPERVISOR

        REGULAR TOWN BOARD MEETING

        January 5, 2005

        Page 21

        Audit of Vouchers

        On recommendation of the Town Supervisor, Councilman Butler presented the following Resolution for adoption; seconded by Councilman Backman:

        (RESOLUTION NO. 12 OF 2005)

        RESOLVED that the Town Board of the Town of New Hartford does hereby authorize and direct the payment of the bills itemized on the following Abstracts, which had been duly audited by the Town Board:

        2004 -

        General Fund Whole-Town Abstract No. 70

        Vouchers A2206-A2210 $ 2,351.88

        Highway Fund Part-Town Abstract No. 28

        Voucher DB592 $ 10,789.77

        2005 -

        General Fund Whole-Town Abstract No. 1

        Vouchers A1-A83 $123,448.31

        General Fund Whole-Town Police Abstract No. 1A

        Vouchers A84-A103 $ 20,852.72

        General Fund Part-Town Abstract No. 1

        Voucher B1-B5 $ 2,906.22

        Highway Fund Part-Town Abstract No. 1

        Voucher DB1-DB23 $ 61,933.72

        Sewer Fund Abstract No. 1

        Voucher SS1-SS6 $ 5,353.68

        Higby Road Water Tank Abstract No. 1

        Voucher HF1 $ 12,894.82

        Capital Drainage Account Abstract No. 1

        Voucher HC1-HC2 $ 712.73

        TOTAL: $241,243.85

        Upon roll call, the Board members voted as follows:

        Councilman Waszkiewicz - Aye, although he hadn’t audited the vouchers

        Councilman Butler - Aye

        Councilman Backman - Aye

        Councilman Woodland - Aye, although he hadn’t audited the vouchers

        Supervisor Humphreys - Aye.

        REGULAR TOWN BOARD MEETING

        January 5, 2005

        Page 22

        This Resolution was declared unanimously carried and duly ADOPTED.

        Use Variance vs Zoning Law text Amendment – Landing Strip/Airport

        Attorney Rossi briefed the Town Board on Ralph Humphreys’ application for a "use" variance from the Zoning Board of Appeals in order to operate a (airplane) landing strip on his Tibbitts Road property. After speaking with Zoning Board Chairman Randy Bogar, Attorney Rossi said that the use variance may not be the way to go – that the Zoning Board may not have the authority to approve a use not addressed anywhere in the Zoning Law.

        Attorney Rossi believed that a more clear-cut way to address the matter would be for the Town Board to amend the Zoning Law text, and specifically Agriculturally-zoned districts, to provide site plan review for such a use, and wherein the Town Planning Board would be granted authority to review and have final approval/disapproval for (airplane) landing strip(s)/airport as applications come before that Board. This proposed Zoning Law text amendment would be reviewed by the Town and County planning departments and be subject to a public hearing before the Town Board approved the text amendment. Discussion included whether the Town Board should initiate the text amendment or whether recommendation of staff should be received. The Town Clerk emphasized that definitive language for this amendment would need to be submitted to the Town Board who, after considering the proposal, might consider adopting a resolution to refer the matter to the Town Planning Board and Oneida County Planning Department for their review and written recommendation in accordance with General Municipal Law and the Town’s Zoning Law. At the same time, the Town would need to address the SEQR process, after which a public hearing would be scheduled; this process could involve several months.

        Councilmen Waszkiewicz and Butler believed that Mr. Humphreys’ application for a landing strip or airport should be handled through the Zoning Board of Appeals. Councilman Butler acknowledged receipt of many phone calls from Pippin Wood and Woodberry Hills residents bordering the Humphreys’ property who oppose the landing strip/airport proposal. Councilman Backman moved that this matter be TABLED.

        EXECUTIVE SESSION

        Councilman Backman introduced the following Resolution for adoption and Councilman Waszkiewicz seconded same:

        (RESOLUTION NO. 13 OF 2005)

        RESOLVED that the New Hartford Town Board does hereby move to enter into an Executive Session to discuss the existing certiorari proceeding (Worosylo vs the Town) and to discuss proposed litigation.

        REGULAR TOWN BOARD MEETING

        January 5, 2005

        Page 23

        A roll call vote ensued:

        Councilman Waszkiewicz - Aye

        Councilman Butler - Aye

        Councilman Woodland - Aye

        Councilman Backman - Aye

        Supervisor Humphreys - Aye.

        Thereafter, the Resolution was declared unanimously carried and duly ADOPTED. All persons present, including the news media and Town Clerk, were then excused from the meeting at 9:05 P.M.

        END OF EXECUTIVE SESSION

        Councilman Waszkiewicz then offered the following Resolution for adoption and Councilman Butler seconded same:

        (RESOLUTION NO. 14 OF 2005)

        RESOLVED that the New Hartford Town Board does hereby move to end its Executive Session and to reconvene the regular portion of the Town Board meeting.

        The Board members voted upon roll call that resulted as follows:

        Councilman Waszkiewicz - Aye

        Councilman Butler - Aye

        Councilman Woodland - Aye

        Councilman Backman - Aye

        Supervisor Humphreys - Aye.

        The Supervisor declared the Resolution unanimously carried and duly adopted; the Executive Session ended at 9:58 P.M. The regular portion of the Town Board meeting was immediately reconvened.

        ADJOURNMENT

        There being no further business to come before the Town Board, upon motion duly made and seconded, the meeting adjourned at 10:00 P.M.

        Respectfully submitted,

         

        Gail Wolanin Young, CMC/RMC

        Town Clerk