REGULAR
MEETING OF THE TOWN BOARD OF
THE
TOWN OF NEW HARTFORD, NEW YORK,
HELD
AT BUTLER MEMORIAL HALL IN THE VILLAGE
NEW
HARTFORD ON WEDNESDAY, FEBRUARY 1, 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. 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 David M. Reynolds
Councilman Richard B. Woodland, Jr.
Supervisor Earle C. Reed
ABSENT: Councilman Robert A. Payne III
Councilman John C. Waszkiewicz III
OTHER TOWN OFFICIALS: Director of Senior Services M. Eileen Spellman Highway Superintendent Roger A. Cleveland
Police Chief Raymond Philo
Parks and Recreation Director Michael W. Jeffery
Telecommunicator Supervisor Jeffrey P. Madden
Town Clerk Gail Wolanin Young, CMC/RMC
Councilman Payne was absent due to out-of-town business and Councilman Waszkiewicz was recuperating from injuries sustained in an accident. Thereafter, a quorum was declared present for the transaction of business.
After reviewing minutes that had been mailed to all Board members, Councilman Reynolds introduced the following Resolution for adoption, seconded by Councilman Woodland:
(RESOLUTION NO. 46
OF 2006)
RESOLVED that the New Hartford Town Board does hereby accept and approve as submitted the minutes of the Regular Town Board meetings held on January 4, 2006 and January 18, 2006 and does further waive the reading of the same.
Upon roll call, the Board members voted as follows:
Councilman Waszkiewicz - ABSENT
Councilman
Reynolds - Aye
February 1, 2006
Page 2
Councilman
Woodland - Aye
Councilman
Payne - ABSENT
Supervisor
Reed - Aye.
The Resolution was
declared unanimously carried and duly ADOPTED.
Highway
Superintendent:
The Highway Superintendent had received a bid for the purchase of a vehicle that was no longer being used by any Town department. Upon his recommendation, Supervisor Reed offered the following Resolution for adoption; seconded by Councilman Reynolds:
(RESOLUTION
NO. 47 OF 2006)
RESOLVED that the New Hartford Town Board does hereby declare as surplus one (1) 1997 Ford Crown Victoria, VIN 2FALP71W6VX183682, formerly purchased for the Town Police Department and subsequently retired to the Highway Department fleet; and be it
FURTHER RESOLVED that the said Town Board does hereby accept the sole bid received from Elisha Steigmier, 8752 Aitken Ave., Whitesboro, NY 13492 and does hereby award the sale of said surplus vehicle to Mr. Steigmier in the amount of Nine Hundred Dollars ($900); this sale, which is FINAL, is in “as is” condition with no warranties implied or expressed.
A roll call vote was duly held as follows:
Councilman Waszkiewicz - ABSENT
Councilman
Reynolds - Aye
Councilman
Woodland - Aye
Councilman
Payne - ABSENT
Supervisor
Reed - Aye.
The Resolution was
declared unanimously carried and duly ADOPTED.
Pre-Development Agreement & Memorandum of
Understanding – Dunkin Donuts
Upon recommendation of the Highway Superintendent, Councilman Reynolds introduced the following Resolution for adoption and Councilman Woodland seconded same:
February 1, 2006
Page 3
(RESOLUTION NO. 48
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 Cafua Management Co./Bohler Engineering, P.C., 8483 Seneca Turnpike, New Hartford, NY wherein said Cafua Management Co./Bohler Engineering has not offered to contribute any funds as this project, installation of a Drive-thru addition to the Seneca Turnpike Dunkin Donuts, 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.
The foregoing Resolution was duly put to a vote upon roll call:
Councilman Waszkiewicz - ABSENT
Councilman
Reynolds - Aye
Councilman
Woodland - Aye
Councilman
Payne - ABSENT
Supervisor
Reed - Aye.
The Resolution was
declared unanimously carried and duly ADOPTED.
Pre-Development Agreement & Memorandum of
Understanding – Slocum Dickson Medical Group
Upon recommendation of the Highway Superintendent, Councilman Reynolds introduced the following Resolution for adoption and Councilman Woodland seconded same:
(RESOLUTION NO. 49
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 Slocum Dickson Medical Group, 1729 Burrstone Road, New Hartford, NY wherein said Slocum Dickson has offered to contribute, as per the conditions of said Pre-Development Agreement, the total sum of Fifty-three Thousand Three Hundred Eighty-five Dollars and Thirty Cents ($53,385.30) as same relates to the amendment of a 25,790 square foot MRI addition within the French-Champlin-Burrstone Road Generic Environmental Impact Study boundary area.
The foregoing Resolution was duly put to a vote upon roll call:
Councilman Waszkiewicz - ABSENT
Councilman
Reynolds - Aye
Councilman
Woodland - Aye
February 1, 2006
Page 4
Councilman
Payne - ABSENT
Supervisor
Reed - Aye.
The Resolution was
declared unanimously carried and duly ADOPTED.
Highway Superintendent Cleveland presented an Agreement for the upgrade of two sanitary sewer pump stations, this being the final phase of a three-year program. Upon his recommendation, Councilman Woodland introduced the following Resolution for adoption; seconded by Councilman Reynolds:
(RESOLUTION NO. 50
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 for Engineering Services with Schumaker Engineering for the upgrade of the Fairway Estates and the Concord Boulevard sanitary sewer pump stations, at the budgeted cost not to exceed Eighteen Thousand Five Hundred Dollars ($18,500).
The foregoing Resolution was duly put to a vote upon roll call:
Councilman Waszkiewicz - ABSENT
Councilman
Reynolds - Aye
Councilman
Woodland - Aye
Councilman
Payne - ABSENT
Supervisor
Reed - Aye.
The Resolution was
declared unanimously carried and duly ADOPTED.
Upon recommendation of the Highway Superintendent, Supervisor Reed introduced the following Resolution for adoption; seconded by Councilman Reynolds:
(RESOLUTION NO. 51
OF 2006)
REGULAR TOWN BOARD MEETING
February 1, 2006
Page 5
Town to pay for these services;
NOW, THEREFORE, BE IT RESOLVED that the New Hartford Town Board does hereby authorize and direct the Town Supervisor to enter into and to execute several Agreements for technical review services, prior to the March 1, 2006 Town Board meeting contingent, however, upon the approval of Attorney Gerald J. Green as to the format of the Agreements; said Agreements are “no cost” to the Town, with all expenses to be paid by the respective developers, the execution of which will allow work to commence prior to coming back before the Town Board for approval.
The Board voted upon roll call:
Councilman Waszkiewicz - ABSENT
Councilman
Reynolds - Aye
Councilman
Woodland - Aye
Councilman
Payne - ABSENT
Supervisor
Reed - Aye.
The Resolution was
declared unanimously carried and duly ADOPTED.
Supervisor Reed offered the following Resolution for adoption; seconded by Councilman Woodland:
(RESOLUTION NO. 52
OF 2006)
WHEREAS, the County of Oneida is preparing a countywide hazard mitigation plan and has asked that each municipality in Oneida County be represented on the Planning Committee;
NOW, THEREFORE, BE IT RESOLVED that the Town Board of the Town of New Hartford does hereby appoint Councilman David M. Reynolds as the Town’s member on the Hazard Mitigation Planning Committee.
The foregoing Resolution was duly put to a vote upon roll call:
Councilman Waszkiewicz - ABSENT
Councilman
Reynolds - Aye
Councilman
Woodland - Aye
Councilman
Payne - ABSENT
Supervisor
Reed - Aye.
February 1, 2006
Page 6
The Resolution was
declared unanimously carried and duly ADOPTED.
Having walked along the Trail, Supervisor Reed commented on the beauty along the recently dedicated Philip Rayhill Memorial Trail and expressed hope that Town residents would also enjoy the recreational trail. Parks and Recreation Director Michael Jeffery is working with the State on creating a brochure on the recreational trail and getting information installed at the trailheads. The State will furnish the initial supply of brochures after which the Town must incur the responsibility of furnishing the brochures.
(RESOLUTION NO. 53
OF 2006)
Name Position Hourly Wage
Haley Butler Ice Attendant $6.75
Erin Zalewski Ice Attendant $6.75
And be it
Upon roll call, the Board members voted as follows:
Councilman Waszkiewicz - ABSENT
Page 7
Councilman Reynolds - Aye
Councilman
Woodland - Aye
Councilman
Payne - ABSENT
Supervisor
Reed - Aye.
The Resolution was
declared unanimously carried and duly ADOPTED.
Upon recommendation of the Parks and Recreation Director, Supervisor Reed introduced the following Resolution for adoption; seconded by Councilman Reynolds:
(RESOLUTION NO. 54 OF 2006)
WHEREAS, the Town of New Hartford Parks and Recreation
Department oversees approximately 170 acres of publicly owned woodlots and
wetland areas, inclusive of over 14 miles of public hiking trails and paths;
and
WHEREAS, the Parks and Recreation Department is
looking for individuals who have shown interest in and excelled in the
educational field of forest and wetland management, and who desire some
on-the-job training as they pursue various field careers;
NOW, THEREFORE, BE IT
RESOLVED that the New Hartford Town
Board does hereby approve and implement a new program, namely, Summer Forestry
Employment Program, to be awarded to a deserving Oneida County resident from
each of the following programs:
and who will be
involved in the following areas:
and be it
REGULAR TOWN BOARD MEETING
February 1, 2006
Page 8
FURTHER RESOLVED that the Town Board does hereby establish the hourly wage for the participants between $6.75 and $7.35, depending on previous work experience, and payable bi-weekly.
The foregoing
Resolution was duly put to a vote upon roll call that resulted as follows:
Councilman Waszkiewicz - ABSENT
Councilman
Reynolds - Aye
Councilman
Woodland - Aye
Councilman
Payne - ABSENT
Supervisor
Reed - Aye.
The Resolution was
declared unanimously carried and duly ADOPTED.
Review of Summer Playground Programs
The Playground Sub-committee of the Advisory Committee on Parks and Recreation had reviewed the summer playground programs and addressed concerns of some parents. Their recommendations will be presented to the full Advisory Committee on February 7, 2006 and then it will come to the Town Board for action.
Having just left the Town Comprehensive Plan Committee meeting that commenced at 5:00 P.M., Parks and Recreation Director Michael Jeffery apprised the Town Board that the Committee is asking for an additional Five Thousand Dollars ($5,000) in order to expand the number of Town residents to be included in a statistical survey. Originally, the survey would have been mailed to approximately 700 residents with an estimated Thirty Percent (30%) response; however, the Comprehensive Plan Committee would like to increase the survey to include 3500 Town residents, thus the additional cost to produce and mail the random survey. The Parks and Recreation Director and the Highway Superintendent stressed the importance of this survey because the Comprehensive Plan will drive any zoning matters in the future. Thereafter, upon recommendation of Director Jeffery and Superintendent Cleveland, Supervisor Reed introduced the following Resolution for adoption; seconded by Councilman Woodland:
(RESOLUTION NO. 55 OF 2006)
RESOLVED that the Town Board of the Town of New
Hartford does hereby authorize a not-to-exceed additional amount of Five
Thousand Dollars ($5,000) to be expended for the production and mailing of a
random Comprehensive Plan survey of 3500 Town residents, said funds to be
expended from the Planning line item and/or the Parks and Recreation budget.
February 1, 2006
Page 9
A roll call vote
ensued:
Councilman Waszkiewicz - ABSENT
Councilman
Reynolds - Aye
Councilman
Woodland - Aye
Councilman
Payne - ABSENT
Supervisor
Reed - Aye.
The Resolution was
declared unanimously carried and duly ADOPTED.
Police
Chief:
Upon recommendation of the Police Chief, Councilman Reynolds introduced the following Resolution for adoption and Supervisor Reed seconded same:
(RESOLUTION NO. 56 OF 2006)
RESOLVED that the New Hartford Town Board does hereby appoint Patricia A. Randall as a Substitute School Traffic Officer, effective February 2, 2006 at the hourly wage of $7.94, payable bi-weekly.
The Board voted upon roll call as follows:
Councilman Waszkiewicz - ABSENT
Councilman
Reynolds - Aye
Councilman
Woodland - Aye
Councilman
Payne - ABSENT
Supervisor
Reed - Aye.
The Resolution was
declared unanimously carried and duly ADOPTED.
Upon further
recommendation of the Police Chief, Councilman Woodland offered the following
Resolution for adoption; seconded by Supervisor Reed:
(RESOLUTION NO. 57 OF 2006)
RESOLVED that the New
Hartford Town Board does hereby approve the appointment of Jordan Spinella to
fill the vacancy of Full-time Police Officer created by the resignation of
Daniel Appler; said appointment to become effective February 19, 2006
consistent with final Civil Service approval of this lateral transfer from the
Town of Kirkland Police Department, and at the current union wage, payable
bi-weekly.
February 1, 2006
Page 10
A roll call vote was
duly held as follows:
Councilman Waszkiewicz - ABSENT
Councilman
Reynolds - Aye
Councilman
Woodland - Aye
Councilman
Payne - ABSENT
Supervisor
Reed - Aye.
The Resolution was
declared unanimously carried and duly ADOPTED.
Councilman Reynolds, who had communicated with Grant Writer Connie Miner who performed grant work for the Village of New Hartford, has offered to do grant work for the Town on an individual basis or per grant at the hourly rate of Seventy-five Dollars ($75); she would submit a list of proposed grants in which the Town might be interested. Thereafter, Supervisor Reed introduced the following Resolution for adoption; seconded by Councilman Woodland:
(RESOLUTION NO. 58
OF 2006)
RESOLVED that the New Hartford Town Board does hereby engage the Grant Writing services of Connie Miner at the hourly rate of Seventy-five Dollars ($75.00) and does further authorize and direct Supervisor Reed to enter into and to execute an Agreement for Grant Writing services.
The Town Board voted upon roll call as follows:
Councilman Waszkiewicz - ABSENT
Councilman Reynolds - Aye
Councilman
Woodland - Aye
Councilman
Payne - ABSENT
Supervisor
Reed - Aye.
The Resolution was
declared unanimously carried and duly ADOPTED.
Councilman Reynolds acknowledged Councilman Woodland’s awareness of decades of discussion on office consolidation and expansion. Councilman Reynolds has talked to John Dow who is very interested in working on this project, is reviewing stacks of files to
REGULAR TOWN BOARD MEETING
February 1, 2006
Page 11
obtain some understanding of where the Town is on this
matter, and has toured the Sanger Public Works Garage and the Jerome K. Madden
Justice Building for background information.
Councilman Reynolds would like Mr. Dow to tour the Town and Village
offices in Butler Memorial Hall and to determine the most economical way to
proceed without doing any more studies.
In 2004, New York State Department of Transportation (DOT) representatives had met with local officials to discuss the possible reconnection of Campion Road, tying the Villages of New Hartford and New York Mills together. At that time, the Judd Road Connector Project (now known as NYS Route 840) was just coming off the drawing board. Councilman Reynolds would like to revisit this with Councilman Waszkiewicz and both villages and any residents to be affected by this project. Councilman Reynolds recently met with DOT who indicated they might like to revisit this matter as well as problems with acceleration/deceleration lanes; it was Town Board consensus that he schedule a meeting in the near future.
Councilman
Waszkiewicz:
Agenda items:
Councilman Reynolds offered the following Resolution for adoption, seconded by Councilman Woodland:
(RESOLUTION NO. 59
OF 2006)
RESOLVED that the New Hartford Town Board does hereby accept the proposal of Councilman Waszkiewicz and does hereby establish a five (5) member citizen committee for the purpose of overseeing and completing the inter-municipal comparison of services vs. Town, County and School Taxes and does further authorize a Press Release to be publicized in this regard.
A roll call vote ensued:
Councilman Waszkiewicz - ABSENT
February 1, 2006
Page 12
Councilman
Reynolds - Aye
Councilman
Woodland - Aye
Councilman
Payne - ABSENT
Supervisor
Reed - Aye.
The Resolution was
declared unanimously carried and duly ADOPTED.
Thereafter, the following Resolution was introduced for adoption by Councilman Woodland and duly seconded by Councilman Reynolds:
(RESOLUTION NO. 60
OF 2006)
RESOLVED that the Town Board of the Town of New Hartford does hereby authorize and direct Councilman John C. Waszkiewicz to forward letters to the Town’s State representatives requesting an explanation as to the basis of law that provides the authority for New York State to levy taxes to fund losses in the State Retirement Fund due to Stock Market decreases.
Upon roll call, the Town Board voted as follows:
Councilman Waszkiewicz - ABSENT
Councilman
Reynolds - Aye
Councilman
Woodland - Aye
Councilman
Payne - ABSENT
Supervisor
Reed - Aye.
The Resolution was
declared unanimously carried and duly ADOPTED.
Financial:
On recommendation of the Town Supervisor, Councilman Woodland presented the following Resolution for adoption; seconded by Councilman Reynolds:
(RESOLUTION NO. 61
OF 2006)
REGULAR TOWN BOARD MEETING
February 1, 2006
Page 13
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, that have been duly audited by the Town Board:
General Fund Whole-Town Abstract No. 3
Vouchers AA131-AA142 $ 6,114.15
General Fund Whole-Town Abstract No. 4
Vouchers AA143-AA214 and
Vouchers AA234-AA242 $ 99,255.20
General Fund Whole-Town Police Abstract No. 4A
Vouchers AA215-AA233 $ 33,022.72
General Fund Part-Town Abstract No. 3
Vouchers BB16-BB17 $ 1,041.00
General Fund Part-Town Abstract No. 4
Vouchers BB18-BB28 $ 4,693.59
Highway Fund Part-Town Abstract No. 3
Vouchers DB40-DB78 $115,094.16
Sewer Fund Abstract No. 3
Vouchers SS15-SS18 $ 4,422.98
Street Light Fund Abstract No. 2
Voucher SL2 $ 16.07
Higby Road Water Tank Abstract No. 3
Vouchers HF8-HF9 $ 43,881.99
TOTAL: $307,541.86
Whereupon, the Town Board members voted individually as follows:
Councilman Waszkiewicz - ABSENT
Councilman Reynolds - Aye
Councilman Woodland - Aye
Councilman Payne - ABSENT
Supervisor Reed - Aye.
This Resolution was declared carried and duly ADOPTED.
New Business:
Appointment – Planning Board Chairman
Supervisor Reed had discussed the Chairman appointment with
N. Joseph Yagey and noted that this would be his final year as Chairman of the
Planning Board. Thereafter, Councilman
Reynolds introduced the following Resolution for adoption; seconded by
Councilman Woodland:
REGULAR
TOWN BOARD MEETING
February
1, 2006
Page 14
(RESOLUTION NO. 62 OF 2006)
RESOLVED
that the
New Hartford Town Board does hereby appoint N. Joseph Yagey as Chairman of the
Town Planning Board for a one-year term, retroactive to January 1, 2006 and
ending December 31, 2006.
A roll call
vote ensued:
Councilman Waszkiewicz - ABSENT
Councilman
Reynolds - Aye
Councilman
Woodland - Aye
Councilman
Payne - ABSENT
Supervisor
Reed - Aye.
The Resolution was
declared unanimously carried and duly ADOPTED.
Appointment
– Planning Board Member
Upon
recommendation of the Town Supervisor, Councilman Reynolds introduced the
following Resolution for adoption; seconded by Councilman Woodland:
(RESOLUTION NO. 63
OF 2006)
WHEREAS, the term of office of
Robert Wood as a Planning Board member had expired December 31, 2005, leaving a
vacancy on that Board;
NOW,
THEREFORE, BE IT RESOLVED that
the Town Board of the Town of New Hartford does hereby appoint Ronald C.
Morelle as Member of the Town Planning Board for a seven-year term commencing
February 2, 2006 and ending December 31, 2012.
The
foregoing Resolution was voted upon by roll call as follows:
Councilman Waszkiewicz - ABSENT
Councilman
Reynolds - Aye
Councilman
Woodland - Aye
Councilman
Payne - ABSENT
Supervisor
Reed - Aye.
The Resolution was
declared unanimously carried and duly ADOPTED.
Authorization
for Power Point Presentations to Planning Board
Recently, residents experienced difficulty in viewing
proposed development plans because the developer did not have an easel or other
means of projecting the plans.
REGULAR TOWN BOARD MEETING
February 1, 2006
Page 15
Chairman Yagey stated that the developer had a beautiful
drawing but no power point. Highway
Superintendent Cleveland suggested that the Town require developers to bring in
their plans on power point. Chairman
Yagey will look at what the Town needs and report back to the Town Board.
Councilman Reynolds then offered the following Resolution for adoption and Councilman Woodland seconded same:
(RESOLUTION NO. 64 OF 2006)
WHEREAS, the Town Board had appointed Gerald J. Green
as Attorney for the Town of New Hartford on January 1, 2006 but had not
established the manner and amount of payment for services rendered;
NOW, THEREFORE, BE IT
RESOLVED that the said Town Board
does hereby establish the contractual rate for Attorney Green’s services at One
Hundred Fifty Dollars ($150) per hour during fiscal year 2006, with an itemized
bill to be submitted on a monthly basis.
The Resolution was voted
upon by roll call:
Councilman Waszkiewicz - ABSENT
Councilman
Reynolds - Aye
Councilman
Woodland - Aye
Councilman
Payne - ABSENT
Supervisor
Reed - Aye.
The Resolution was
declared unanimously carried and duly ADOPTED.
.
Councilman Reynolds introduced the following Resolution for adoption and Councilman Woodland seconded same:
(RESOLUTION NO. 65
OF 2006)
RESOLVED that the New Hartford Town Board does hereby move to enter into an Executive Session to discuss labor negotiations.
A roll call vote ensued:
Councilman Waszkiewicz - ABSENT
February 1, 2006
Page 16
Councilman
Reynolds - Aye
Councilman
Woodland - Aye
Councilman
Payne - ABSENT
Supervisor
Reed - Aye.
Thereafter, the Resolution was declared unanimously carried and duly ADOPTED. All persons present, including the news media, were then excused from the meeting at 6:45 P.M.
Councilman Reynolds then offered the following Resolution for adoption and Councilman Woodland seconded same:
(RESOLUTION NO. 66
OF 2006)
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 - ABSENT
Councilman
Reynolds - Aye
Councilman
Woodland - Aye
Councilman
Payne - ABSENT
Supervisor
Reed - Aye.
The Resolution was declared unanimously carried and duly ADOPTED, with the Executive Session ending at 7:00 P.M. and the regular session of
the Town Board meeting was immediately reconvened.
Councilman Woodland offered the following Resolution for adoption and Councilman Reynolds seconded same:
(RESOLUTION NO. 67
OF 2006)
RESOLVED that the Town Board of the Town of New Hartford does hereby engage the services of Attorney Ercole (Butch) Ventura of Strategic Labor Services, Inc., Utica, New York to handle union negotiations for the Town at an hourly rate of Seventy Dollars ($70).
Upon roll call, the Board voted as follows:
REGULAR TOWN BOARD MEETING
February 1, 2006
Page 17
Councilman Waszkiewicz - ABSENT
Councilman
Reynolds - Aye
Councilman
Woodland - Aye
Councilman
Payne - ABSENT
Supervisor
Reed - Aye.
The Resolution was declared unanimously carried and duly ADOPTED.
There being no further business to come before the Town Board, upon motion duly made and seconded, the meeting was adjourned at 7:01 P.M.
Respectfully submitted,
Gail Wolanin Young, CMC/RMC
Town Clerk