REGULAR
MEETING OF THE TOWN BOARD OF
THE
TOWN OF NEW HARTFORD, NEW YORK,
HELD
AT BUTLER MEMORIAL HALL ON
WEDNESDAY,
APRIL 5, 2006 AT 6:00 P.M.
The Town Supervisor called the meeting to order at 6:00 P.M. and led those in attendance in the Pledge of Allegiance to the American Flag. Supervisor Reed asked that everyone remain standing in honor of the late Police Officer Joseph D. Corr, with hearts and prayers offered to his family; Supervisor Reed acknowledged the article in today’s Observer Dispatch, connecting more suspects to the February 27, 2006 robbery/murder involving Officer Corr. Also, Supervisor Reed acknowledged that Director of Senior Services Eileen Spellman is now home recuperating from unexpected surgery. 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 Robert A. Payne III
Councilman John C. Waszkiewicz III
Councilman David M. Reynolds
Councilman Richard B. Woodland, Jr.
Supervisor Earle C. Reed
OTHER TOWN OFFICIALS: Codes Enforcement Officer Gerald F. Back Highway Superintendent Roger A. Cleveland
Town Clerk Gail Wolanin Young, CMC/RMC
Thereafter, a quorum was declared present for the transaction of business.
After reviewing minutes that had been mailed to all Board members, Councilman Woodland introduced the following Resolution for adoption, seconded by Councilman Payne:
(RESOLUTION NO. 95
OF 2006)
RESOLVED that the New Hartford Town Board does hereby accept and approve as submitted the minutes of the Regular Town Board meeting on March 15, 2006 and does further waive the reading of the same.
Upon roll call, the Board members voted as follows:
Councilman Waszkiewicz - Aye
Councilman Reynolds - Aye
Councilman
Woodland - Aye
April 5, 2006
Page 2
Councilman Payne - Aye
Supervisor Reed - Aye.
The Resolution was
declared carried and duly ADOPTED.
Codes Enforcement Officer:
Upon request of the Codes Enforcement Officer, Councilman Woodland introduced the following Resolution for adoption; seconded by Councilman Reynolds:
(RESOLUTION NO. 96
OF 2006)
RESOLVED that the New Hartford Town Board does hereby appoint Ellen Arnold as a Clerk-Sub at the hourly wage of Seven Dollars and Seventy-five Cents ($7.75) for the Codes Enforcement Department, commencing May 15, 2006; all wages to be paid bi-weekly:
Upon roll call, the Town Board voted as follows:
Councilman Waszkiewicz - Aye
Councilman Reynolds - Aye
Councilman
Woodland - Aye
Councilman Payne - Aye
Supervisor Reed - Aye.
The Resolution was declared unanimously carried and duly ADOPTED.
Unsafe Building – 12 Dixon Road
Upon recommendation of the Codes Enforcement Officer, the following Resolution was introduced for adoption by Councilman Waszkiewicz and seconded by Councilman Payne:
(RESOLUTION NO. 97
OF 2006)
WHEREAS, the Town of New Hartford had adopted on July 21, 1982 a Local Law (Chapter 52 of the Code) regulating unsafe and dangerous buildings in the Town of New Hartford; and
WHEREAS, after the Town Codes Enforcement Officer had received complaints in 2005 about broken windows at a residence located at 12 Dixon Road, Tax Map Parcel
April 5, 2006
Page 3
No. 328.012-2-34.2, owned by Gerard and Sharon Lynch whose last known address is 12 Dixon Road, New Hartford, NY 13413, the Town Board authorized that the building be secured with associated costs to be levied against this property; and
WHEREAS, the Town Police Department has reported that vandals have currently broken windows at this location that appears to be abandoned, and the Codes Enforcement Officer had communicated with said owners via certified mail;
NOW, THEREFORE, BE IT RESOLVED that the Town Board of the Town of New Hartford does hereby authorize and direct the Codes Enforcement Officer to proceed with securing this abandoned property, which will be offered for tax sale by Oneida County in June 2006. All town-incurred costs shall be assessed against the land on which said public nuisance exists; specifically, the Town Board does hereby approve clean up of said premises.
The foregoing Resolution was voted upon by roll call, as follows:
Councilman Waszkiewicz - Aye
Councilman Reynolds - Aye
Councilman
Woodland - Aye
Councilman Payne - Aye
Supervisor Reed - Aye.
The Resolution was declared unanimously carried and duly ADOPTED.
Zoning Text Amendment Proposal – Local Law Introductory “A”
of 2006
Upon recommendation of the Codes Enforcement Officer who had discussed the matter with his Committee and in an effort to match the State Building Code, Councilman Reynolds introduced the following legislation for the Town Board’s consideration at a future Public Hearing; co-sponsored by Councilman Woodland:
TOWN OF NEW HARTFORD, NEW YORK
LOCAL LAW
INTRODUCTORY “A” OF 2006
BE IT ENACTED by the Town Board of the Town of New Hartford as follows:
Page 4
Section 118-74. Building/site permits.
A. No person, firm, or corporation shall commence the moving, demolition,
erection, construction, enlargement, alteration, improvement, or conversion of any building, structure, or sign without first obtaining a separate Building Permit from the Code Enforcement Officer. Additionally, no excavation, grading or clearing for any building or use shall be commenced unless and until a permit therefor has been issued by the Officer or the Board of Appeals, whenever it is provided in this Chapter that the approval of the Board of Appeals is required or the authority having determination as to whether or not this exemption applies shall be at the discretion of the Officer.
SECTION 2. All other provisions of Chapter 118 of the Code of the Town of New Hartford, and amendments thereto, are hereby affirmed except to the extent that this Local Law shall modify or amend.
SECTION 3. This Local Law shall become effective immediately upon its filing in the Office of the Secretary of State.
Thereafter, Councilman Reynolds offered the following Resolution for adoption and Councilman Woodland seconded same:
(RESOLUTION NO. 98 OF
2006)
RESOLVED that the New Hartford Town Board does hereby declare itself as Lead Agent in the matter of Local Law Introductory “A” of 2006 [Zoning Text Amendment, Chapter 118, Section 118-74 Building/site Permits, Subparagraph A]; and be it
FURTHER RESOLVED that, as Lead Agent, the Town Board does hereby refer Local Law Introductory “A” of 2006 to the Town Planning Board and to the Oneida County Planning Department for their review and written recommendation pursuant to General Municipal Law and the Town’s Zoning Law.
Upon roll call, the Board members voted as follows:
Councilman Waszkiewicz - Aye
Councilman Reynolds - Aye
Councilman
Woodland - Aye
Councilman
Payne - Aye
REGULAR TOWN BOARD
MEETING
April 5, 2006
Page 5
Supervisor Reed - Aye.
The Resolution was declared unanimously carried and duly ADOPTED.
Junk Vehicles
Codes Enforcement Officer Gerald Back has met with Councilmen Woodland and Reynolds to address what constitutes junk vehicles and the Town Clerk’s Office has contacted General Code Publishers for legislation adopted by other municipalities, addressing this subject.
Dispatch
Center:
Radio Transmitter Replacement:
In behalf of Telecommunicator Supervisor Jeffrey Madden who had discussed the matter with the Standing Committee, Supervisor Reed introduced the following Resolution for adoption; seconded by Councilman Payne:
(RESOLUTION NO. 99 OF
2006)
WHEREAS, the New Hartford Emergency Dispatch Center had been using a loaner radio transmitter that has now been returned to the owner and therefore, the sum of $6,495.00 had been appropriated in the 2006 Budget, Line Item AA3220.02, for the purchase of one (1) radio transmitter; and
WHEREAS, on March 15, 2006 it was reported that the 15-year old Highway radio had “crashed” and is obsolete, after which the Town Board adopted Resolution No. 92, authorizing the purchase of one (1) radio for communications between Dispatch and the Highway Department at a cost of $1,457.80 to be paid from the 2006 Budget, Line Item AA3220.02, leaving a balance of $5,037.20;
NOW, THEREFORE, BE IT RESOLVED that the Town Board does hereby authorize and direct the Telecommunicator Supervisor to purchase a radio transmitter from the 2006 Budget, Line Item AA3220.02, for the sum of $6,495.00, with the shortfall of $1,500.00 to be transferred from the Contingency Account AA1990.4.
The Town Board then voted upon roll call:
Councilman Waszkiewicz - Aye
Councilman Reynolds - Aye
Councilman
Woodland - Aye
Councilman Payne - Aye
Supervisor Reed - Aye.
April 5, 2006
Page 6
The Resolution was declared unanimously carried and duly ADOPTED
Highway
Superintendent:
The Town had implemented a stormwater drainage improvement program in 1994 and had been funding this program through a bond issue that expired a number of years ago. Thereafter, policy was established that the property owner pays for the drainage pipe and in recent years, costs have increased. Upon recommendation of the Highway Superintendent, the following Resolution was offered for adoption by Councilman Payne and duly seconded by Councilman Reynolds:
(RESOLUTION NO.
100 OF 2006)
RESOLVED that the New Hartford Town Board does hereby establish the following costs to be paid by property owners who request roadside ditch enclosure fronting their property, as part of the Town’s on-going stormwater drainage improvement program, said costs including backfill to become effective April 6, 2006:
Roadside Ditch
Enclosure Fee Schedule
Presented on a
Per Linear Foot Basis
12-inch diameter pipe $10.50
15-inch diameter pipe $12.50
18-inch diameter pipe $17.50
24-inch diameter pipe $25.50.
The Town Board then voted upon roll call that resulted as follows:
Councilman Waszkiewicz - Aye
Councilman Reynolds - Aye
Councilman
Woodland - Aye
Councilman Payne - Aye
Supervisor Reed - Aye.
The Resolution was thereafter declared unanimously carried and duly ADOPTED.
Upon the recommendation of the Highway Superintendent, Councilman Payne presented the following Resolution for adoption; seconded by Supervisor Reed:
April 5, 2006
Page 7
(RESOLUTION NO.
101 OF 2006)
RESOLVED that the Town Board of the Town of New Hartford does hereby authorize and direct the Town Supervisor to execute the 2006 Road Striping Agreement between the Town of New Hartford and the Oneida County Department of Public Works wherein said County will provide road striping within the Town; the cost of which will be determined upon completion of the work.
Upon roll call, the Board members voted as follows:
Councilman Waszkiewicz - Aye
Councilman Reynolds - Aye
Councilman
Woodland - Aye
Councilman Payne - Aye
Supervisor Reed - Aye.
Resolution No. 78 was thereafter declared unanimously carried and duly ADOPTED.
The Highway Superintendent reported that Lawrence Miller, an employee with the Town Highway Department since 1967, retired effective February 25, 2006. A retirement celebration is being planned for Mr. Miller.
Supervisor Reed introduced the following Resolution for adoption, seconded by Councilman Payne:
(RESOLUTION NO.
102 OF 2006)
WHEREAS, Lawrence Miller retired from the Town Highway Department, thereby creating a vacancy in the position of Heavy Equipment Operator (HEO);
NOW, THEREFORE, BE IT RESOLVED that, upon recommendation of the Highway Superintendent, the New Hartford Town Board does hereby appoint and promote Michael Coonradt to fill the vacancy of Heavy Equipment Operator (HEO), effective April 3, 2006, at the hourly wage consistent with the current bargaining agreement; and be it
April 5, 2006
Page 8
Upon roll call, the Board voted as follows:
Councilman Waszkiewicz - Aye
Councilman Reynolds - Aye
Councilman
Woodland - Aye
Councilman Payne - Aye
Supervisor Reed - Aye.
The Resolution was thereafter declared unanimously carried and duly ADOPTED.
Upon recommendation of the Highway Superintendent, Councilman Waszkiewicz offered the following Resolution for adoption; seconded by Supervisor Reed:
(RESOLUTION NO.
103 OF 2006)
RESOLVED that, effective April 5, 2006, the New Hartford Town Board shall only authorize water taps being funded by the Higby Road Water District for:
And
BE IT FURTHER RESOLVED that, once the Higby Road Water District’s waterline contractor has completed installing the water taps, all future water taps in said Water District shall be the responsibility of and at the sole cost of the property owner, and that all such requests shall be processed through the Mohawk Valley Water Authority (MVWA).
The Town Board members voted as follows:
Councilman Waszkiewicz - Aye
Councilman Reynolds - Aye
Councilman
Woodland - Aye
Councilman Payne - Aye
Supervisor Reed - Aye.
The Resolution was thereafter declared unanimously carried and duly ADOPTED.
April 5, 2006
Page 9
Upon recommendation of the Highway Superintendent, the following Resolution was offered for adoption by Supervisor Reed and duly seconded by Councilman Payne:
(RESOLUTION NO.
104 OF 2006)
RESOLVED that, the Highway Superintendent having received an offer to purchase a surplus Town vehicle, the New Hartford Town Board does hereby accept the offer submitted by Roberts Construction and does hereby authorize the sale to said bidder of one (1) 1995 Jeep SPT, VIN 1J4FJ68S0SL646389, for the sum of One Hundred Fifty Dollars ($150).
Upon roll call, the Board members voted as follows:
Councilman Waszkiewicz - Aye
Councilman Reynolds - Aye
Councilman
Woodland - Aye
Councilman
Payne - Aye
Supervisor Reed - Aye.
The Supervisor declared the Resolution unanimously carried and duly ADOPTED. [NOTE: At the December 21, 2005 Town Board meeting, this vehicle (‘646389) was reportedly sold to John Baker, when it was actually a 1995 Jeep Cherokee (VIN 1J4FJ68S4SL507785) that had been sold; the Jeep Cherokee (‘507785) had been removed from the Town’s insurance policy in July 2005.] After the license plate for the 1995 Jeep (‘646389) has been turned in to the State Department of Motor Vehicles, the Highway Superintendent will deliver the DMV receipt to the Town Clerk’s Office so that this vehicle (‘646389) can be removed from the Town’s insurance policy.
Having received a petition requesting additional streetlights, the Highway Superintendent recommended adoption of the following Resolution that was introduced by Councilman Waszkiewicz and duly seconded by Supervisor Reed:
(RESOLUTION NO.
105 OF 2006)
RESOLVED that, based upon a petition received by the Highway Superintendent, the New Hartford Town Board does hereby authorize and direct National Grid to install two (2) one hundred (100) watt, high-pressure sodium lights on NiMo Pole Nos. 7 and 8 within the existing New York Mills Garden Street Light District, with all expenses to be incurred by said Street Light District.
April 5, 2006
Page 10
Upon roll call, the Board members voted as follows:
Councilman Waszkiewicz - Aye
Councilman Reynolds - Aye
Councilman
Woodland - Aye
Councilman Payne - Aye
Supervisor Reed - Aye.
The Resolution was thereafter declared unanimously carried and duly ADOPTED.
Upon recommendation of the Highway Superintendent, the following Resolution was introduced for adoption by Councilman Payne and seconded by Supervisor Reed:
(RESOLUTION NO.
106 OF 2006)
RESOLVED that the New Hartford Town Board does hereby authorize and direct the Town Supervisor to enter into and to execute Change Order No. 1-5 between the Town of New Hartford and Bat-Con, Inc., to extend a water main easterly along Mallory Road from the intersection of Sessions and Mallory Roads, a distance of about five hundred (500) feet to the Higby Road Water District boundary.
Upon roll call, the Board members voted as follows:
Councilman Waszkiewicz - Aye
Councilman Reynolds - Aye
Councilman
Woodland - Aye
Councilman Payne - Aye
Supervisor Reed - Aye.
The Supervisor declared the Resolution unanimously carried and duly ADOPTED.
Upon recommendation of the Highway Superintendent, Councilman Reynolds introduced the following Resolution for adoption, seconded by Councilman Woodland:
(RESOLUTION NO.
107 OF 2006)
RESOLVED that the New Hartford Town Board does hereby authorize and direct the Town Supervisor to enter into and to execute a Pre-Development Agreement between the Town of New Hartford and Chuck E. Cheese, Commercial Drive, New Hartford, NY wherein said Chuck E. Cheese has not offered to contribute any funds as this project,
REGULAR TOWN BOARD MEETING
April 5, 2006
Page 11
internal renovations only of a former Eckerd’s drug store in the K-Mart shopping center [Tax Map Parcel No. 328.008-1-3], does not meet any of the threshold requirements for off-site mitigation, as same relates to this project within the Seneca Turnpike-Commercial Drive Generic Environmental Impact Study boundary area; and be it
FURTHER RESOLVED that the Town Board does hereby authorize and direct the Town Supervisor to execute a Memorandum of Understanding (MOU) relative to this project.
The Town Board then voted upon roll call, resulting as follows:
Councilman Waszkiewicz - Aye
Councilman Reynolds - Aye
Councilman
Woodland - Aye
Councilman Payne - Aye
Supervisor Reed - Aye.
The Resolution was thereafter declared unanimously carried and duly ADOPTED
Upon recommendation of the Highway/Sewer Superintendent, Councilman Waszkiewicz introduced the following legislation for the Town Board’s consideration at a future Public Hearing; co-sponsored by Supervisor Reed:
TOWN OF NEW HARTFORD, NEW YORK
LOCAL LAW
INTRODUCTORY “B” OF 2006
BE IT ENACTED by the Town Board of the Town of New Hartford as follows:
Section 98-20. Independent Connections Required for Each Lot.
No multiple connections involving two or more property owners will be permitted without the recommendation of the Sewer Superintendent and concurrence by the Town Board.
Page 12
Section 98-21. Maintenance of Connections.
Normal maintenance of the sewer lateral from the house to the sanitary sewer main shall be the responsibility of the property owner. Normal maintenance shall include, but not be limited to, investigation of the lateral for the location and/or cause of complete or partial blockages, the removal of grease, tree roots, and the build-up of other material not readily dissolvable in water, and the repair or replacement of the lateral as required to maintain a smooth and unobstructed flow of sewerage from the structure which it serves to the sewer main.
The Town shall:
1. repair or replace only that portion of the sewer lateral within the pavement limits should excavation within the pavement limits be required to remedy a lateral deficiency, and
2. provide pavement restoration, as required.
The Town shall not be responsible for any costs incurred by the property owner related to investigation of the lateral for blockages, the removal from the lateral of foreign material, and/or the repair/replacement of the lateral outside the pavement limits.
SECTION 3. All other provisions of Chapter 98 of the Code of the Town of New Hartford, and amendments thereto, are hereby affirmed except to the extent that this Local Law shall modify or amend.
SECTION 4. This Local Law shall become effective immediately upon its filing in the Office of the Secretary of State.
The following Resolution was introduced for adoption by Councilman Waszkiewicz and duly seconded by Supervisor Reed:
(RESOLUTION NO.
108 OF 2006)
RESOLVED that the Town Board of the Town of New Hartford shall conduct a Public Hearing on Wednesday, April 19, 2006 at 6:00 P.M., or as soon thereafter as reached in the regular course of business, in Butler Memorial Hall, 48 Genesee Street in said Town
April 5, 2006
Page 13
to consider Local Law Introductory “B” of 2006 which, if adopted, would amend the Code, Chapter 98 thereof entitled SEWERS, Sections 98-20 [Independent connections required for each lot] and 98-21 [Maintenance Required]; and be it
FURTHER RESOLVED that the Town Board does authorize and direct the Town Clerk to publish the legal requisite Notice of Public Hearing in The Observer Dispatch.
A roll call vote ensued:
Councilman Waszkiewicz - Aye
Councilman Reynolds - Aye
Councilman Woodland - Aye
Councilman Payne - Aye
Supervisor Reed - Aye.
The Resolution was declared unanimously carried and duly ADOPTED.
Town
Clerk:
The following Resolution was introduced for adoption by Councilman Reynolds and duly seconded by Supervisor Reed:
(RESOLUTION NO.
109 OF 2006)
RESOLVED that the New Hartford Town Board does hereby grant permission to the American Lung Association, 5096 Commercial Drive, Yorkville, New York, an organization duly granted a Games of Chance Identification Number by the New York State Racing and Wagering Board, to sell raffle tickets at Sangertown Square Mall, New Hartford, New York, in accordance with all rules and regulations of said Racing and Wagering Board; and be it
FURTHER RESOLVED that the Town Clerk be, and she hereby is, authorized and directed to execute Form GC-RCF, Raffle Consent Form.
The Resolution was voted upon by roll call as follows:
Councilman Waszkiewicz - Aye
Councilman Reynolds - Aye
Councilman Woodland - Aye
Councilman Payne - Aye
Supervisor Reed - Aye.
April 5, 2006
Page 14
The Resolution was declared unanimously carried and duly ADOPTED.
Agenda Items:
Councilman Payne introduced the following Resolution for adoption; seconded by Councilman Waszkiewicz:
(RESOLUTION NO.
110 OF 2006)
RESOLVED that the New Hartford Town Board does hereby authorize and direct the Town Supervisor to enter into and to execute an Agreement with Connie Miner, Clarence, New York, for grant writing services pursuant to the terms and conditions of said Agreement.
Upon roll call, the Town Board voted as follows:
April 5, 2006
Page 15
Councilman Waszkiewicz - Aye
Councilman Reynolds - Aye
Councilman Woodland - Aye
Councilman Payne - Aye
Supervisor Reed - Aye.
The Resolution was declared unanimously carried and duly ADOPTED.
Also, the resume from Kathy Conklin, a marketing professional, is on file in the Supervisor’s Office; Ms. Conklin has offered to look at grants or whatever else the Town might be looking for.
Upon recommendation of Councilman Reynolds who had met with a Senior Examiner in the Office of State Comptroller, the Town Supervisor offered the following Resolution for adoption; seconded by Councilman Waszkiewicz:
(RESOLUTION
NO. 111 OF 2006)
WHEREAS, an audit by the State Comptroller’s Office has not been conducted in a number of years;
BE IT RESOLVED that the New Hartford Town Board does hereby authorize and direct the Town Supervisor to contact the Office of State Comptroller and request that an audit of the Town’s accounting be conducted.
A roll call vote ensued:
Councilman Waszkiewicz - Aye
Councilman Reynolds - Aye
Councilman Woodland - Aye
Councilman Payne - Aye
Supervisor Reed - Aye.
The Resolution was declared unanimously carried and duly ADOPTED
Councilman Reynolds has met with John Dow relative to building renovation and/or consolidation and has another meeting scheduled April 6, 2005 with Mr. Dow to continue the process; Mr. Dow hopes to have some suggestions within 60-90 days.
April 5, 2006
Page 16
New Hartford Central School plans to dedicate their Oxford Road ball field in memory of the late Police Officer Joseph D. Corr; the June 3, 2006 event will include dedication of the field, a community cookout and ballgame. June 4 has been scheduled as a rain date.
Councilman
Payne:
Councilman Payne is working with New Hartford Central School to determine how we might save or partner on energy matters. Also, an Albany organization has looked at lighting in Recreation and the Highway departments.
The Town Supervisor is also working with the Director of Senior Services Eileen Spellman on lighting improvements at the New Hartford Adult Dining & Activity Center.
Attorney
Green:
In behalf of Attorney Green, the Town Supervisor presented the following Resolution for consideration after which Councilman Woodland introduced the legislation for adoption; duly seconded by Councilman Reynolds:
(RESOLUTION NO.
112 OF 2006)
Tax Map No. New Assessment Tax Year(s)
329.010-2-1