REGULAR
MEETING OF THE TOWN BOARD OF
THE
TOWN OF NEW HARTFORD, NEW YORK, HELD
AT
BUTLER MEMORIAL HALL, IN SAID TOWN ON
WEDNESDAY,
NOVEMBER 15, 2006 AT 5:30 P.M.
The Town Supervisor called the meeting to order at 5:30 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 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 Smith
Bookkeeper Carol Fairbrother
Codes Enforcement Officer Joseph Booth
Director of Senior Services M. Eileen Spellman
Highway Superintendent Roger A. Cleveland and
Deputy Superintendent Anthony DeCuffa
Parks and Recreation Director Michael Jeffery
Personnel Technician II Barbara Aiello
Police Chief Raymond Philo
Senior Engineering Technician John Meagher
Telecommunicator Supervisor Jeffrey Madden
Town Attorney Gerald Green
Town Clerk Gail Wolanin Young, CMC/RMC and
Deputy Town Clerk I Margaret M. Jones
Town Planner Kurt Schwenzfeier
PLANNING BOARD: Chairman N. Joseph Yagey
Member Robert Imobersteg
Member Rodger Reynolds
Member Hans G. Arnold
Member Margaret Rotton
Thereafter, a quorum was declared present for the transaction of business.
5:31 P.M. COMPREHENSIVE PLAN UPDATE
Eve Holberg of peter j smith & associates presented a report on the Comprehensive Plan Update, which the Steering Committee had been working on over the past year. Ms. Holberg stated that the Committee met with focus groups and conducted some public
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November 15, 2006
Page 2
work shops. The Planning Board is present and will have a public hearing after the presentation.
-The Update revises those plans in light of their accomplishments
Among the most important powers and duties granted by the legislature to a town government is the authority and responsibility to undertake town comprehensive planning and to regulate land use for the purpose of protecting the public health, safety and general welfare of its citizens.
Impacts of adopting a comprehensive plan.
a vision of a preferred future.
November 15, 2006
Page 3
-Adopt local codes, ordinances
-Evaluate development proposals
-Interpretation, administration, enforcement
-Reference, evaluation, lobbying
1. To recognize the need to pursue avenues of both conservation and development in the Town of New Hartford.
2. To encourage a pattern of development in New Hartford to preserve and strengthen its neighborhoods
3. Use public policy as a tool for directing development in the Town
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November 15, 2006
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4. To preserve and enhance the ecology and natural features of the Town of New Hartford
5. To maintain and improve regional competitiveness through cooperative economic development ventures and strategies
6. To undertake and support activities which enhance the quality of life in the Town of New Hartford
7. Encourage efficiency in local government service delivery
- General and Overall
- Population and Housing
- Economy
- Land Use
- Natural Resources
- Transportation
- Infrastructure
- Community Facilities and Services
- Parks and Recreation
Responsibility General and Overall
Town Board, Planning Board, Town Supervisor, Town Planner
and Comprehensive Plan Update Committee
Estimated Cost N/A
Timeframe Adopt Immediately, Review Policy Annually, Update Plan
Every 5 years.
Responsibility General and Overall
Town Supervisor, Webmaster and Residents
Estimated Cost - $4,000 - $5,000
Timeframe Immediate Develop List-Serve and On-going
Responsibility General and Overall
Town Board, Town Supervisor, Various Town Departments
Estimated Cost N/A
Timeframe - On-Going
November 15, 2006
Page 5
Responsibility General and Overall
Town Board, Various Town Departments, Residents
Estimated Cost Varies
Timeframe On-Going
Action Promote the Town
as a Diverse and Welcoming Community of Residential Choice
Responsibility Town Board, Planning Board, Town Planner, Residents, Residential Real Estate Industry
Estimated Cost N/A
Timeframe
On-Going
-Four Neighborhood Areas for local anchors
-Green Corridor from the southern to the northern borders of the Town
-Greenway creating a boundary between the neighborhoods and the less developed surrounding area
Funding Matrix Sample
Community Development Funding Sources
Sponsor Independent Board
Funded Activities N/A
Funding Amounts (If Known) N/A
Match required? N/A
Site N/A
Source N/A
Notes Start-up foundation designed to be a New Hartford Community
asset. More information should be available from the Town
Supervisors office in 2006-2007
Sponsor Orton Family Foundation
Funded Activity Community Viz software, community mapping,
planning programs, video programs
Funding Amounts (If Known) Costs to participants involved for
programs and materials but costs can be underwritten
Site orton.org
Source Operating profits of the Vermont Country Store
Notes Focus of Foundation is managing change and preserving the way
of life in rural, small-town America
November 15, 2006
Page 6
Special Districts and Zones
Sponsor NYS Empire State Development Corporation
Funded Activity Sales, real property, investment, personal and corporate
income tax breaks, reduced utility rates, tax credits
Funding Amounts (If Known) Employment-based incentive program; no
direct grants
Match required? No
Site nylovesbiz.com
Source State
Notes Existing Zones located in Herkimer, Rome and Utica
After the presentation, Councilman Reynolds asked Ms. Holberg if she could elaborate on Goal 2 Objective 8 (Concentrate development in existing neighborhoods providing clear separation of identity among them). Ms. Holberg stated that there are some wonderful areas in New Hartford, which have unique characteristics. There are areas near reservoirs, which areas differ from the character of Kellogg Road. One goal is to preserve the different neighborhoods without becoming homogenous to one another. In response to Councilman Reynolds question regarding the linking of neighborhoods, Ms. Holberg stated that many developers set aside some open space in subdivisions and have a trail that goes around the subdivision. Why not link these trails together integrating them into the whole neighborhood in order to create better traffic and circulation patterns and healthier, walk-able neighborhoods.
Frank Montecalvo questioned how New York Mills would be linked into this plan. Ms. Holberg replied that the Comprehensive Plan is a town plan and the Town cannot tell a Village what to do, but the Town can plan up to the Village limits.
Edmund Wiatr inquired what input had been solicited from town residents. Eve Holberg explained that their firm worked with a Steering Committee consisting of the Planning Board, Police Chief, and residents of the Town. This Committee guided the plan and peter j. smith & company, inc. was the consulting firm that put everything together. A series of focus groups were surveyed with local and regional experts on transportation, housing and art, culture, and open space. Also, two (2) public workshops were held during the comprehensive plan process; one last December 2005 and another was held later. This project was widely advertised, the Committee talked to the mayors of the Villages and other residents and experts in the town. The public workshops were not well attended. Also, the Committee conducted a scientific, randomly distributed study regarding this comprehensive plan to one-third (1/3) of the residents in the Town.
The Public Hearing was declared closed at 6:01 P.M., after which the Supervisor declared a ten (10) minute recess prior to conducting regular business.
November 15, 2006
Page 7
The Town Planning Board then conducted a meeting, voting to recommend that the Town Board approve the Comprehensive Plan Update. Members present were N. Joseph Yagey, Robert Imobersteg, Rodger Reynolds, Hans Arnold and Margaret Rotton. Written recommendation will be forwarded to the Town Clerk on November 16, 2006.
The regular Town Board meeting was reconvened at 6:12 P.M.
Councilman Waszkiewicz introduced the following Resolution for adoption, seconded by Councilman Payne:
(RESOLUTION
NO. 332 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 October 4 and October 18, 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
Councilman Payne - Aye
Supervisor Reed - Aye.
The Resolution was declared unanimously carried and duly ADOPTED.
November
1, 2006 Town Board Minutes
Action was
deferred on these minutes.
MATTERS SUBMITTED BY TOWN SUPERVISOR
Fiscal:
2007
Annual Budget
Supervisor
Reed stated that the Board made some changes in the 2007 Budget. The Town will work with the County regarding
a Comptroller. The Budget remains at
$13.2 Million Dollars; with the tax rate increase remaining at four ($.04)
cents per thousand dollars of assessment.
Changes were made in the bonding, which will be discussed later
REGULAR
TOWN BOARD MEETING
November
15, 2006
Page 8
in this
meeting. Supervisor Reed believes that
the Town has a sound budget for 2007.
Upon recommendation of the Town Supervisor, Councilman Reynolds
presented the following Resolution for adoption; seconded by Councilman
Waszkiewicz:
(RESOLUTION NO. 333 OF 2006)
WHEREAS,
a Public
Hearing was duly held on November 1, 2006, to consider the adoption of the 2007
Preliminary Budget; and
WHEREAS, subsequent to the Public
Hearing, the Town Board made some adjustments to the 2007 Preliminary Budget;
NOW,
THEREFORE, BE IT RESOLVED
that the New Hartford Town Board does hereby adopt the 2007 Preliminary Budget,
as revised, as the 2007 Annual Budget as set forth in Schedule A annexed
hereto and made a part of this Resolution.
Councilman
Waszkiewicz commended the Board on their work and for meeting with department
heads to review suggestions even though dollars and cents amounts will be
staying the same. The new employee for
the Police Department will be tied to funding constraint and three (3) people
to be hired by the Highway Department at lower salaries than the retired
employees they replace will be a savings in that Department. Supervisor Reed mentioned that the road
paving was removed from the Bond Issue and is now in the 2007 Budget in the
amount of Three Hundred Thousand ($300,00) Dollars. Thereafter, a roll call was duly held and 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.
PUBLIC HEARING
6:17 P.M. - Local Law
Introductory F of 2006
The
Supervisor opened the Public Hearing at 6:17 P.M. and the Town Clerk presented
the Notice of Public Hearing, Proof of Publication (November 4, 2006 edition of
the Observer Dispatch) and Affidavit of Posting. Supervisor Reed announced that the purpose of the Hearing was to
offer the public an opportunity to speak for or against Local Law Introductory
No. F of 2006, which, if adopted, would amend the Town
REGULAR
TOWN BOARD MEETING
November
15, 2006
Page 9
Code,
Chapter 113 entitled VEHICLES AND TRAFFIC, by establishing an additional
Through Street (Section 113.40) and an additional Stop Street (Section 113.41
in the Maple Ridge Estates Development.
Highway
Superintendent Roger Cleveland stated that the Town would be in compliance with
state regulations if Frederick Drive were to be designated a stop street. Also, Police Chief Raymond Philo stated that
this area is a T-intersection and complies with the Uniform Traffic Control
Manual and that several requests had been received from Town residents.
Thereafter,
the Town Supervisor inquired if anyone present wished to speak in support
of Local Law Introductory No. F; no one came forth.
Supervisor
Reed questioned if anyone present wished to speak in opposition
to Local Law Introductory No. F; no one came forth.
There
having been no one to speak in the matter, the Supervisor declared the Public
Hearing closed at 6:19 P.M.
Adoption
Local Law No. Four of 2006
Thereafter,
Supervisor Reed moved that Local Law Introductory F of 2006 be adopted as
Local Law No. Four of 2006 in the following format; seconded by Councilman
Payne:
Town of New Hartford, New York
Local Law No. Four of 2006
BE IT ENACTED by the Town Board of the Town of New Hartford as follows:
Section 113-40. Schedule VI: Through Streets.
NAME OF NAME
OF DIRECTION TRAFFIC
Christopher Circle Frederick Drive South Stop Sign
November 15, 2006
Page 10
SECTION 2. Chapter 113 of the Code of the Town of New Hartford, Section 113-41, is hereby amended to include the following:
Section 113-41. Schedule VII: Stop Intersections.
DIRECTION
STOP SIGN ON OF TRAVEL AT INTERSECTION OF
Frederick Drive Northerly Christopher Circle
SECTION 3. All other provisions of Chapter 113 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.
Upon roll
call, the Board members voted as follows:
Councilman Waszkiewicz - Aye
Councilman Reynolds - Aye
Councilman Woodland - Aye
Councilman Payne - Aye
Supervisor Reed - Aye.
Thereafter, Local Law Introductory F of 2006 was declared unanimously carried and duly ADOPTED as Local Law No. Four of 2006.
Upon the recommendation of the Highway Superintendent, Councilman Payne presented the following Resolution for adoption; seconded by Councilman Waszkiewicz:
(RESOLUTION NO.
334 OF 2006)
WHEREAS, in 2004 developer Joseph Carucci had submitted a Ten Thousand Dollar ($10,000) retainer with the Town of New Hartford to ensure completion of water and sewer infrastructure in the Thomas Acres Development; and
WHEREAS, Highway Superintendent Cleveland has reported there are no irregularities regarding the water and sewer infrastructure in said Development;
November 15, 2006
Page 11
NOW, THEREFORE, BE IT RESOLVED that, upon recommendation of the Highway Superintendent, the New Hartford Town Board does hereby authorize and direct the Bookkeeper to release Mr. Caruccis Ten Thousand Dollars ($10,000) retainer and that said monies be used to pay for the paving of Fawncrest Boulevard in the Thomas Acres Subdivision.
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 thereafter declared unanimously carried and duly ADOPTED.
Upon
recommendation of Highway Superintendent Roger Cleveland, Councilman Payne
presented the following Resolution for adoption; seconded by Councilman
Woodland:
(RESOLUTION NO. 335 OF 2006)
WHEREAS,
due to the
retirement of Heavy Equipment Operators (HEO) Thomas F. Panzone, Sr. and Richard
Davies effective September 30, 2006, Motor Equipment Operators (MEO)
Christopher Moran and Michael Smoulcey had been promoted to fill the resultant
HEO vacancies;
NOW,
THEREFORE, BE IT RESOLVED
that the New Hartford Town Board does hereby appoint Jesse Conhaim and
Christopher Budlong as full-time Highway Laborers, effective November 26, 2006,
at the hourly wage of Ten Dollars ($10.00) payable bi-weekly, to fill vacancies
created by the promotion of Christopher Moran and Michael Smoulcey and said
Town Board does further appoint James Hinman as a full-time Highway Laborer,
effective November 26, 2006, at the same hourly rate; the three (3)
appointments will be a savings to the Town because the Laborers earn a lower
rate of pay than the retired employees who had been with the Town for forty
(40) and thirty (30) years, respectively.
A
roll call vote ensued:
Councilman Waszkiewicz - Aye
Councilman Reynolds - Aye
Councilman Woodland - Aye
November 15, 2006
Page 12
Councilman Payne - Aye
Supervisor Reed - Aye.
The Resolution was thereafter declared unanimously carried and duly ADOPTED.
While Councilman Payne and Highway Superintendent Cleveland had been made aware of some lighting issues along Chapman Road, some residents believe there is an issue and other residents believe that no issues exist. A neighborhood meeting will be held in the near future to discuss this matter.
Councilman Reynolds sent a letter to Mr. Desanctis about extensive work performed by the highway department over two (2) days in adverse weather. This was a huge undertaking and it is the hope that the problems with Woodberry Road have been corrected.
Parks
and Recreation Director:
Upon
recommendation of Parks and Recreation Director Jeffery, Councilman Waszkiewicz
presented the following Resolution for adoption; seconded by Councilman Payne:
(RESOLUTION NO. 336 OF 2006)
RESOLVED that the New Hartford Town
Board does hereby appoint Ashley Mundrick as a Lifeguard for the 2006-07 Winter
Recreation Season, effective December 2, 2006 at the hourly wage of Seven
Dollars and Seventy-Five Cents ($7.75), payable bi-weekly.
A
roll call vote ensued:
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.
November 15, 2006
Page 13
Member Grant Item - Veterans Memorial
Upon recommendation of the Parks and Recreation Director, Councilman Waszkiewicz presented the following Resolution for adoption, seconded by Councilman Reynolds:
(RESOLUTION NO.
337 OF 2006)
RESOLVED that Earle C. Reed, as Town Supervisor of the Town of New Hartford, New York, is hereby authorized to sign legal documents on behalf of the Town of New Hartford.
Thereafter, the Supervisor polled the Board members who 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.
Town
Clerk:
Upon presentation of the Town Clerk, Councilman Reynolds introduced the following Resolution for adoption; seconded by Councilman Payne:
(RESOLUTION NO.
338 OF 2006)
RESOLVED that the New Hartford Town Board does hereby grant the request of the New Hartford Central School District to use four (4) Town Voting Machines for their Referendum Vote on Tuesday, December 12, 2006, contingent upon transportation and set-up of the machine to be arranged through Town/County 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 thereafter declared unanimously carried and duly ADOPTED.
November 15, 2006
Page 14
Town Clerk Gail Wolanin Young acknowledged receipt of Petitions on November 3, 2006, requesting a public vote on numerous Bond Resolutions that had been adopted October 4, 2006. The Town Clerk explained what would be required to hold the Special Election. Since Three Hundred Thousand Dollars ($300,000) had been added to the 2007 Preliminary Budget for paving roads, the October 4, 2006 Bond Resolution for road paving needs to be repealed. Therefore, Councilman Reynolds presented the following Resolution for adoption; seconded by Councilman Waszkiewicz:
(RESOLUTION NO.
339 OF 2006)
RESOLVED that the Town Board of the Town of New Hartford does hereby REPEAL
Resolution No. 295 adopted October 4, 2006, and entitled:
A RESOLUTION AUTHORIZING THE RECONSTRUCTION OF STREETS THROUGHOUT AND IN AND FOR THE TOWN OF NEW HARTFORD, ONEIDA COUNTY, NEW YORK, AT A MAXIMUM ESTIMATED COST OF $500,000 AND AUTHORIZING, SUBJECT TO PERMISSIVE REFERENDUM, THE ISSUANCE OF $500,00 BONDS OF SAID TOWN TO PAY THE COST THEREOF.
Whereupon, the Town Board members voted individually 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 presentation by the Town Clerk, Councilman Reynolds presented the following Resolution for adoption; seconded by Councilman Payne:
(RESOLUTION NO.
340 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 interested Town Department Heads and Town
November 15, 2006
Page 15
Board members to attend the Oneida County Association of Towns Business Dinner on Tuesday, November 28, 2006 in New Hartford, 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 thereafter declared unanimously carried and duly ADOPTED.
Town Website
Councilman Payne reported that slowly the e-mail addresses would be integrated from the old system to the new system. Councilman Waszkiewicz wanted to verify with Councilman Payne that he would be able to access his old e-mail address since the Councilman feels that e-mails would be delivered to the old addresses.
Assessments
Questions were raised at the last town meeting regarding assessments. Councilman Waszkiewicz felt that the Citizens Committee might be a good Committee to address those questions. The rest of the Town Board concurred. Councilman Waszkiewicz will figure out a time for the Committee to meet.
Financial: