REGULAR
MEETING OF THE TOWN BOARD OF
THE
TOWN OF NEW HARTFORD, NEW YORK,
HELD
AT THE KELLOGG ROAD COMMUNITY CENTER
BUILDING
ON WEDNESDAY, MARCH 15, 2006
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. He then asked that everyone remain standing in honor of the late Patrolman Joseph Corr, to offer prayers and thoughts for his family and Supervisor Reed further stated that the Town would be available to assist the Corr Family for as long as they need us. Supervisor Reed also welcomed back Councilman Waszkiewicz after his lengthy recuperation. 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: Assessor Paul E. Smith
Director of Senior Services M. Eileen Spellman Highway Superintendent Roger A. Cleveland
Police Chief Raymond Philo (arrived at 7:15 P.M.)
Parks and Recreation Director Michael W. Jeffery
Telecommunicator Supervisor Jeffrey P. Madden
Town Clerk Gail Wolanin Young, CMC/RMC and
Deputy Town Clerk Margaret M. Jones
OTHERS: Attorney Gerald J. Green
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. 71
OF 2006)
RESOLVED that the New Hartford Town Board does hereby accept and approve as submitted the minutes of the Special Town Board meeting held on February 8, 2006 and
REGULAR TOWN BOARD MEETING
March 15, 2006
Page 2
the Regular Town Board meeting on February 15, 2006 and does further waive the reading of the same.
Upon roll call, the Board members voted as follows:
Councilman Waszkiewicz - ABSTAINED
as he was
absent from these
meetings
Councilman Reynolds - Aye
Councilman
Woodland - Aye
Councilman Payne - Aye
Supervisor Reed - Aye.
The Resolution was
declared carried and duly ADOPTED.
Aging
(Director of Senior Services):
Upon recommendation of Director M. Eileen Spellman, the following Resolution was introduced for adoption by Councilman Waszkiewicz and duly seconded by Councilman Woodland:
(RESOLUTION NO. 72
OF 2006)
RESOLVED that the New Hartford Town Board does hereby appoint Carolyn Burney as a Food Service Helper-Sub at the New Hartford Adult Dining & Activity Center, retroactive to March 1, 2006 at an hourly wage of Seven Dollars and Seventy-Five Cents ($7.75), 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.
Highway
Superintendent:
Shumaker Consulting Engineering & Land Surveying, PC, has submitted a proposal to start the green belt corridor study, identified in the 1992 GEIS Findings Statement, the cost of which the Highway Superintendent said could be paid from Fees In Lieu of Mitigation (FILM). Councilman Waszkiewicz presented the following Resolution for adoption; seconded by Councilman Woodland:
(RESOLUTION NO. 73
OF 2006)
RESOLVED that the Town Board of the Town of New Hartford does hereby authorize and direct the Town Supervisor to enter into and to execute an Agreement between the Town of New Hartford and Shumaker Consulting Engineering & Land Surveying, PC, to begin the Mudd Creek/green belt corridor study (downstream of the Presbyterian Home/Seneca Turnpike) at a cost not to exceed Twenty-five Hundred Dollars ($2500).
The foregoing Resolution was duly put to a vote upon roll call:
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 Waszkiewicz presented the following Resolution
for adoption; seconded by Supervisor Reed:
(RESOLUTION NO. 74
OF 2006)
RESOLVED that the Town Board of the Town of New Hartford does hereby authorize and direct the Town Supervisor to enter into and to execute a three-party Agreement between Clark Patterson, the Town of New Hartford and Cor, the developer who will fund the project in the amount of Forty-Two Hundred Dollars ($4200), as same relates to the COR project to be located on Middlesettlement Road, a county highway, adjacent to Twin Orchards.
The foregoing Resolution was duly put to a vote upon roll call:
Councilman Waszkiewicz - Aye
Councilman Reynolds - Aye
March 15, 2006
Page 4
Councilman Woodland - Aye
Councilman Payne - Aye
Supervisor Reed - Aye
The Resolution was declared unanimously carried and duly ADOPTED.
Currently, Section 98-21 of the Town Code provides that the property owner is responsible for the maintenance of the sanitary lateral from the building to the right-of-way of either the road or the improvement area, and that the Sewer District shall be responsible for maintenance of all connections from the road sewer to either the right-of-way line of the highway or the permanent easement line granted for the public sewer. The Highway/Sewer Superintendent had forwarded a Memo to the Town Board relating problems of this approach vs. having the property owner take normal maintenance responsibility for the entire length of the lateral from the building to the main line sewer.
The Town Clerk will prepare the necessary Local Law and have the Highway/Sewer Superintendent and Attorney review same prior to the April 2006 Town Board meeting.
Upon recommendation of the Highway Superintendent, the following Resolution was introduced for adoption by Councilman Payne and duly seconded by Councilman Waszkiewicz:
:
(RESOLUTION NO. 75
OF 2006)
RESOLVED that the New Hartford Town Board does hereby appoint Jesse Conhaim, Michael Shaw and Robert Reynolds as Seasonal Laborers for the Highway Department at an hourly rate of Eight Dollars ($8.00) since they are returning summer employees, and Andrew Mosher at the hourly rate of Seven Dollars and Seventy-Five Cents ($7.75) since he is a first-time employee; all appointments are effective May 1, 2006 with wages to be paid bi-weekly.
Whereupon, the Town Board voted upon roll call:
Councilman Waszkiewicz - Aye
Councilman Reynolds - Aye
Councilman Woodland - Aye
Councilman Payne - Aye
Supervisor Reed - Aye.
The Resolution was declared unanimously carried and duly ADOPTED.
March 15, 2006
Page 5
Supervisor Reed presented the following Resolution for
adoption; seconded by Councilman Woodland:
(RESOLUTION NO. 76
OF 2006)
RESOLVED that the Town Board of the Town of New Hartford does hereby authorize and direct the Town Supervisor to enter into and to execute an Agreement between the Town and Shumaker Consulting Engineering & Land Surveying, PC, for a stormwater site plan review in the amount of Nine Thousand Two Hundred Dollars ($9200) relating to the proposed COR’s Middlesettlement Road retail development project, said cost to be paid for by the Developer.
The foregoing Resolution was duly put to a vote upon roll call:
Councilman Waszkiewicz - Aye
Councilman Reynolds - Aye
Councilman Woodland - Aye
Councilman Payne - Aye
Supervisor Reed - Aye.
The Resolution was declared unanimously carried and duly ADOPTED.
The Highway Superintendent acknowledged receipt of a letter from Mr. Boucher regarding the streetlights for Roberts Avenue and will forward the letter to National Grid.
Upon the recommendation of the Highway Superintendent, Councilman Waszkiewicz presented the following Resolution for adoption; seconded by Supervisor Reed:
(RESOLUTION NO. 77
OF 2006)
The Town Supervisor polled the Board who voted as follows:
Councilman Waszkiewicz - Aye
March 15, 2006
Page 6
Councilman Reynolds - Aye
Councilman Woodland - Aye
Councilman Payne - Aye
Supervisor Reed - Aye.
The Resolution was declared unanimously carried and duly ADOPTED.
Highway Superintendent Roger Cleveland reviewed a Cleaner
vacancy and the interest of an existing employee to assume those duties, said matter having been discussed with the Personnel Assistant, Oneida County Department of Personnel and the Teamsters bargaining unit. Thereafter, Councilman Payne presented the following Resolution for adoption; seconded by Councilman Woodland:
(RESOLUTION NO. 78
OF 2006)
WHEREAS, a Cleaner position, a permanent, part-time, non-bargaining unit position at the Sanger Public Works Building is vacant and has been vacant since January 25, 2006; and
WHEREAS, the position reports direct to Roger Cleveland, Superintendent of Highways; and
WHEREAS, the position has been posted by the Town; and
WHEREAS, a current employee of the Town has made application for the position; and
WHEREAS, it has been determined by the Town that the current job duties of the subject employee and the job duties of the Cleaner position are different enough that the same employee can perform both jobs; and
WHEREAS, it has also been determined by the Teamsters that the subject employee is not in violation of the bargaining unit contract if the subject employee, who is a bargaining unit member, performs the duties of this non-bargaining unit Cleaner position; and
WHEREAS, the budgeted part-time position carries a maximum of twenty (20) hours per week, and a maximum salary of One Hundred Sixty ($160) Dollars per week; and
WHEREAS, in review of the cleaning duties it has been determined that the duties can be performed during a maximum of eight (8) hours per week;
REGULAR TOWN BOARD MEETING
March 15, 2006
Page 7
NOW, THEREFORE, BE IT RESOLVED that the Town Board does agree with the Highway Superintendent’s recommendation to appoint Candy Currier, currently a Clerk in the Highway Department, working forty (40) hours per week, at a rate of Twelve Dollars Sixty Cents ($12.60) per hour, to also fill the permanent, part-time position of Cleaner for the Sanger Public Works Building effective March 16, 2006; and
BE IT FURTHER RESOLVED that Ms. Currier shall perform the duties of the Cleaner position in a maximum of eight (8) hours per week, at a base of Twelve dollars Sixty Cents ($12.60) per hour, that would total at a maximum as follows: 8 hours per week X $12.60 per hour X 1.5 for a total of One Hundred Fifty-One Dollars Twenty Cents ($151.20); and
RESOLVED, that at the time the Town Board authorizes a rate of pay increase for part-time Cleaner positions, that the rate of increase shall be divided by one and one-half (1.5) for Ms. Currier; and
RESOLVED, that should Ms. Currier either vacate the Cleaner position or be discharged from the Cleaner position, that the rate of compensation for the Cleaner position for the Sanger Public Works Building shall revert to the same rate of compensation as are established for other Cleaner positions in the Town.
A roll call vote was duly held 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.
Upon recommendation of the Parks and Recreation Director, the following Resolution was introduced for adoption by Councilman Waszkiewicz and duly seconded by Supervisor Reed:
(RESOLUTION NO. 79
OF 2006)
RESOLVED that the New Hartford Town Board does hereby appoint the following individuals to the various seasonal positions and for the hourly wages set opposite their
March 15, 2006
Page 8
several names, for the Parks and Recreation Department, effective, March 20, 2006; all wages to be paid bi-weekly:
James Miller Crew Supervisor/Gardener $10.28
Edward Bowes Gardener 8.50
Whereupon, the Town Board voted upon roll call:
Councilman Waszkiewicz - Aye
Councilman Reynolds - Aye
Councilman
Woodland - Aye
Councilman Payne - Aye
Supervisor Reed - Aye.
The Resolution was
declared unanimously carried and duly ADOPTED.
Training – NYS Parks and Recreation Conference
Upon request of Parks and Recreation Director Michael Jeffery, the following Resolution was introduced for adoption by Councilman Reynolds and duly seconded by Supervisor Reed:
(RESOLUTION NO. 80
OF 2006)
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 Parks and Recreation Director Michael Jeffery to attend the New York State Parks and Recreation Conference from April 2-5, 2006 in Kerhonkson, New York, with expenses to be borne by said Town as budgeted.
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.
The Resolution was declared unanimously carried and duly ADOPTED.
March 15, 2006
Page 9
Upon request of the Parks and Recreation Director, the following Resolution was introduced for adoption by Councilman Waszkiewicz and duly seconded by Supervisor Reed:
(RESOLUTION NO. 81
OF 2006)
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 Michael W. Jeffery, Parks and Recreation Director, to attend a 2-hour Informational Workshop on the Environmental Protection Fund and the Land and Water Conservation Fund on March 31, 2006 in Syracuse, New York, with any expenses to be borne by said Town as budgeted.
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.
The Resolution was declared unanimously carried and duly ADOPTED.
Summer Playground Programs
Parks and Recreation Director Michael Jeffery distributed and recapped a report of recommendations from the Playground Sub-committee and the Parks and Recreation Advisory Committee. Since times have changed, some parents expressed concern about safety of children. The Parks and Recreation Director feels that additional pressure is being placed on 19 and 20 year olds who manage activities for the Parks. Director Jeffery has spoken to over thirty (30) communities and has met with directors. There are some large attendance issues. Since society has changed, the Parks and Recreation Director would like to implement the recommended improvements especially with regards to “stranger danger”; one change being implemented would be having the parent/guardian sign-in and sign-out the child/children participating in the Parks programs. Councilman Waszkiewicz presented the following Resolution for adoption; seconded by Councilman Payne:
March 15, 2006
Page 10
(RESOLUTION NO. 82
OF 2006)
RESOLVED that the New Hartford Town Board does hereby authorize Parks and Recreation Director Michael Jeffery to implement the changes recommended by the Parks & Recreation Advisory Committee and the Playgrounds Sub-Committee so that these recommendations take effect with the 2006 Summer Playground Programs.
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.
The Resolution was declared unanimously carried and duly ADOPTED.
Town
Clerk:
Upon presentation of the Town Clerk, Councilman Reynolds introduced the following Resolution for adoption; seconded by Councilman Waszkiewicz:
(RESOLUTION NO. 83
OF 2006)
RESOLVED that the New Hartford Town Board does hereby grant the request of the Village of New Hartford to use one (1) Town Voting Machine for their Village Election on Tuesday, March 21, 2006, contingent upon transportation and set-up of the machine to be arranged through Town Voting Machine Custodian Michael W. Jeffery and at no expense to the Town.
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.
The Resolution was declared unanimously carried and duly ADOPTED.
March 15, 2006
Page 11
NYS Liquor Authority – Waiver
The Town Clerk has received a request from Gino Laurenzo for a waiver of the thirty (30) day period for re-applying to the State Liquor Authority for a change in his liquor license. Councilman Payne then offered the following Resolution for adoption and Supervisor Reed duly seconded same:
(RESOLUTION NO. 84
OF 2006)
WHEREAS, the application of Gino Laurenzo, owner of the Rio Grande Tex-Mex Grill, 3913 Oneida Street, Washington Mills, New York, had been returned to the applicant due to errors or deficient information; and
WHEREAS, State Liquor Authority law requires the applicant to wait at least thirty (30) days after notifying the Town of New Hartford before the applicant can submit an application to the Liquor Authority;
NOW, THEREFORE, BE IT RESOLVED that the Town Board of the Town of New Hartford does hereby waive the thirty (30) days, having been notified on March 1, 2006 that Mr. Laurenzo was applying for a change in his liquor license.
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.
The Resolution was declared unanimously carried and duly ADOPTED.
Brian Hanson will be reviewing the Town’s Safety Manual to make sure it is up-to-date. Also, Councilman Payne stated that he would like to see an Awareness Program for safety be implemented and that all employees are made aware of it. Further, he would like to put together corrective actions in regards to safety. When a department head comes across a safety issue, resolve the issue in a timely fashion.
REGULAR TOWN BOARD MEETING
March 15, 2006
Page 12
Energy Management
Together with the Highway Superintendent and Parks and Recreation Director, Councilman Payne has been looking at energy management programs for the town. Councilman Payne contacted Smart Watt, a company that evaluates electrical usage, and they are presently working to see what type of electrical saving can be achieved for the Town. He has also spoken with John Thomas from Mirabid, which company has saved Albany County money for their gas. As an example, when we are paying One Dollar Fifty Cents ($1.50) a therm for gas; Albany County is paying Sixty-Nine Cents (69¢) a therm.
Communication Committee
Barbara Sweeney and Jesse White, a former Utica College student who has since graduated, were members of this committee. Councilman Payne will keep Barbara Sweeney informed regarding the meetings of this committee. The Councilman envisions the committee will help improve the Town’s image. Lisa Payne and Linda Madore would also like to be involved with this program.
Inter-municipal Comparison Sub-Committee
Upon the recommendation of Councilman Payne, Councilman Waszkiewicz presented the following Resolution for adoption; seconded by Supervisor Reed:
(RESOLUTION NO. 85 OF
2006)
RESOLVED that the New Hartford Town Board does hereby approve the formation of a temporary committee consisting of five (5) to seven (7) resident volunteers for the purpose of investigating Inter-municipal comparison of services.
The Board members 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 declared unanimously carried and duly ADOPTED.
Agenda Items:
Page 13
sure if a findings statement has
been completed. Attorney Gerald Green
said subdivision regulations are tied in with park findings, which are on hold
presently because the Town doesn’t have a basis to charge a percentage or
dollar figure per building lot. The
Planning Board will be meeting either within the next week with another
municipality who has done this.
Councilman Waszkiewicz presented the following Resolution for adoption; seconded by Supervisor Reed:
(RESOLUTION NO. 86 OF 2006)
RESOLVED
that the
New Hartford Town Board does hereby appoint Robert A. Wood as a Member of the
Town Planning Board (filling the New York Mills Village representative
position) to fill the unexpired term of Ronald Morelle who resigned, said term
to commence March 16, 2006 and expire on December 31, 2012.
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.
REGULAR TOWN BOARD
MEETING
March 15, 2006
Page 14
Councilman Waszkiewicz thanked the Parks and Recreation Director and the Highway Superintendent for recognizing the danger that pedestrians incur when darting across Route 5A (Commercial Drive) using the Rayhill Memorial Trail. People will need to be directed to the traffic light at Consumer Square to cross Route 5A. The State of New York has been put on notice regarding this danger.
Councilman Reynolds has a contract for a potential grant writer. Attorney Green had some concerns and had met with an insurance representative yesterday and what they said is that for an intentional act, that something could definitely be covered with additional premium; if unintentional, this would be covered under errors and omissions. Once resolved, Councilman Reynolds will bring this matter back before the Town Board.
Councilman Reynolds continues to meet with John Dow and has supplied him with past studies on the various Town offices. Councilmen Waszkiewicz and Reynolds have met with Mr. Dow who’s perusing information and developing a statement.
March 15, 2006
Page 15
Councilman Reynolds reported that he attended this meeting at the County with the Highway Superintendent.
Councilman Reynolds attended the NYS Association of Towns meeting in New York, NY in February 2006 and gave an overview of the different classes he attended:
Attorney
Green:
Upon recommendation of Gerald Green, Attorney for the Town of New Hartford, the following Resolution was introduced for adoption by Supervisor Reed and duly seconded by Councilman Reynolds:
(RESOLUTION NO. 87
OF 2006)
Initial New Tax
Tax Map No. Assessment Assessment Year
350.000-1-21.3 $215,700 $190,000 2004
350.000-1-21.2 $153,000 $130,000 2004
Page 16
Homestead Enterprises, Inc. (Michael Cancilla), 151
Clinton Road - 18 Unit Apartment Building
328.000-2-79 $495,000 $270,000 2004
350.000-1-21.1 $258,700 $214,000 2004
6 acres of
which are good
340.000-2-23.1 $849,000 $750,000 2004
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
declared unanimously carried and duly ADOPTED.
Financial:
Supervisor Reed presented the following Resolution for adoption; seconded by Councilman Woodland:
(RESOLUTION NO. 88
OF 2006)
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. 8
Vouchers AA382-AA436; 438-442 $ 45,878.99
General Fund Whole-Town Abstract No. 8A (Police)
Vouchers AA437 $ 123.68
General Fund Part-Town Abstract No. 7
Vouchers BB42-BB56 $ 18,544.81
Highway Fund Part-Town Abstract No. 6
Vouchers DB117-DB137 $ 38,901.71