REGULAR
MEETING OF THE TOWN BOARD OF
THE
TOWN OF NEW HARTFORD, NEW YORK,
HELD
AT MYLES ELEMENTARY SCHOOL,
CLINTON
ROAD, IN SAID TOWN ON WEDNESDAY,
OCTOBER
4, 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 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: Highway Superintendent Roger A. Cleveland
Parks and Recreation Director Michael Jeffery
Police Chief Raymond Philo (arrived 6:35 PM)
Town Attorney Gerald Green
Town Clerk Gail Wolanin Young, CMC/RMC
Thereafter, a quorum was declared present for the transaction of business.
No action was taken on these minutes.
REPORTS OF TOWN OFFICIALS
Highway Superintendent:
Vehicle
and Traffic – Stop Sign / Frederick Drive-Christopher Circle Intersection
After
having performed an on-site inspection with the Police Chief at the
intersection of Frederick Drive and Christopher Circle, Highway Superintendent
Cleveland recommended installation on a Stop Sign on Frederick Drive. The Town Clerk will prepare the required
legislation.
Higby
Road Water District - Contract No. 1/Water Distribution System – Substantial
Completion
Upon
presentation by the Highway Superintendent, the following Resolution was offered
for adoption by Councilman Payne and duly seconded by Councilman Waszkiewicz:
REGULAR
TOWN BOARD MEETING
October
4, 2006
Page 2
(RESOLUTION NO. 283 OF 2006)
RESOLVED
that the
New Hartford Town Board, upon recommendation of Burley-Guminiak & Assoc.,
consultants for the Higby Road Water District, and upon recommendation of the
Town Highway Superintendent, does hereby authorize a condition of Substantial
Completion for Bat-Con Inc., for Contract No. 1, Water Distribution System for
the entire project for the Higby Road Water District, and does hereby authorize
the Town Supervisor to execute the CERTIFICATE OF SUBSTANTIAL COMPLETION on
behalf of the Town Board.
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 then declared unanimously carried and duly ADOPTED.
Higby
Road Water District – Contract No. 2/Standpipe Water Storage Tank - Substantial
Completion
Upon
recommendation of the Highway Superintendent, the following Resolution was
offered for adoption by Councilman Payne and duly seconded by Councilman
Waszkiewicz:
(RESOLUTION NO. 284 OF 2006)
RESOLVED
that the
New Hartford Town Board, upon recommendation of Burley-Guminiak & Assoc.,
consultants for the Higby Road Water District, and upon recommendation of the
Town Highway Superintendent, does hereby authorize a condition of Substantial
Completion for Central New York Construction, Inc., for Contract No. 2,
Standpipe Water Storage Tank, for the entire project for the Higby Road Water
District, and does hereby authorize the Town Supervisor to execute the CERTIFICATE
OF SUBSTANTIAL COMPLETION on behalf of the Town Board.
Upon roll
call, the Board members voted as follows:
Councilman Waszkiewicz - Aye
Councilman Reynolds - Aye
Councilman Woodland - Aye
REGULAR TOWN BOARD MEETING
October 4, 2006
Page 3
Councilman Payne - Aye
Supervisor Reed - Aye.
The Resolution was then declared unanimously carried and duly ADOPTED.
Surplus
Vehicle Sale – Rejection of Bids
The Highway
Superintendent reported that two (2) Bids had been received Tuesday, October 3,
2006 for the Surplus Vehicle Sale:
·
Michael
Santillo - Bid $2,006 for the 1980 Mack Truck
·
Harvey
Material Corp. - Bid $1,700 for the 1980 Mack Truck.
No bids
were received for the remaining four (4) surplus vehicles, i.e., 1995 Badger,
1990 G10 Van, 1996 Crown Victoria, 1999 Crown Victoria.
Highway
Superintendent Cleveland then reported that after the 12 Noon Bid Opening had
closed on Tuesday, October 3, 2006 he received a Bid for all five (5) surplus
vehicles, totaling Ninety-two Hundred Dollars ($9200) and he acknowledged
receiving a check in this amount. [The
name of the bidder had not been disclosed.]
Thereafter, upon recommendation of the Highway Superintendent,
Councilman Payne offered the following Resolution for adoption and Councilman
Reynolds seconded same:
(RESOLUTION NO. 285 OF 2006)
RESOLVED
that the Town
Board of the Town of New Hartford does hereby reject the bids submitted by
Michael Santillo and Harvey Material Corp. for surplus vehicles due to the bid
amounts being below the current book value of the vehicles, according to the
Highway Superintendent.
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 then declared unanimously carried and duly ADOPTED.
Surplus
Vehicles – Bid Offer Accepted
Upon
recommendation of the Highway Superintendent, Councilman Reynolds introduced
the following Resolution for adoption; seconded by Councilman Payne:
REGULAR
TOWN BOARD MEETING
October
4, 2006
Page 4
(RESOLUTION NO. 286 OF 2006)
WHEREAS,
the Highway
Superintendent received a bid proposal of Ninety-two Hundred Dollars ($9200)
from a local resident for five (5) Town surplus vehicles together with payment
for same, said bid proposal having been received after the 12 Noon Bid Opening
on Tuesday, October 3, 2006;
NOW,
THEREFORE, BE IT RESOLVED
that the New Hartford Town Board does hereby accept the bid proposal submitted
[by Al Roberts] in the amount of Ninety-two Hundred Dollars ($9200) for the
following surplus vehicles:
·
1980
Mack Dump Truck, VIN RM6864X1160
·
1995
Badger, VIN AG038182
·
1990
Chevrolet G10 Van, VIN 1GCDG15Z3L7151162
·
1996
Ford Crown Victoria, VIN 2FALP71W6TX167995
·
1999
Ford Crown Victoria, VIN 2FAFP71WXXX185788.
The
Resolution was voted upon by roll all, resulting as follows:
Councilman Waszkiewicz - Aye
Councilman Reynolds - Aye
Councilman Woodland - Aye
Councilman Payne - Aye
Supervisor Reed - Aye.
The Resolution was then declared unanimously carried and duly ADOPTED.
Planner Salary – Amendment
Highway
Superintendent Cleveland apologized for any misinformation concerning the
promotion/raise for Planner Schwenzfeier that had been presented at the
September 20, 2006 Town Board meeting.
Upon recommendation of the Highway Superintendent, the following
Resolution was introduced by Councilman Payne and duly seconded by Councilman
Reynolds:
(RESOLUTION NO. 287 OF 2006)
RESOLVED
that the
Town Board of the Town of New Hartford does hereby amend Resolution No. 270,
adopted September 20, 2006, so that the salary for Planner Kurt Schwenzfeier
shall be Forty-nine Thousand Five Hundred Dollars ($49,500) for
the duration of 2006 and that all other conditions set forth in Resolution No.
270 shall remain in full force and effect.
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TOWN BOARD MEETING
October
4, 2006
Page 5
The Town
Board members then voted upon roll all:
Councilman Waszkiewicz - Aye
Councilman Reynolds - Aye
Councilman Woodland - Aye
Councilman Payne - Aye
Supervisor Reed - Aye.
The Resolution was then declared unanimously carried and duly ADOPTED.
Parks and Recreation Director:
Agreements
– Ice Rental
Upon
presentation by the Parks and Recreation Director, the following Resolution was
offered for adoption by Councilman Waszkiewicz and duly seconded by Councilman
Woodland:
(RESOLUTION NO. 288 OF 2006)
RESOLVED that the New Hartford Town
Board does hereby authorize and direct the Town Supervisor to enter into and to
execute Agreements for ice rental at the Recreation Center for the 2006-2007
season with the following organizations that have submitted the required
Certificates of Liability Insurance and which documents have been reviewed by
Attorney Green:
·
New
Hartford Youth Hockey
·
Old
Timers League
·
Mohawk
Valley Community College.
Upon roll
call, 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 then declared unanimously carried and duly ADOPTED.
2006
Budget Transfer
Upon
request of the Parks and Recreation Director, Councilman Woodland introduced
the following Resolution for adoption; seconded by Councilman Waszkiewicz:
REGULAR
TOWN BOARD MEETING
October
4, 2006
Page 6
(RESOLUTION NO. 289 OF 2006)
RESOLVED
that the
New Hartford Town Board does hereby authorize and direct the Bookkeeper to
create a General Fund Whole-Town appropriation line item for the Parks’
Veterans Memorial, AA7110.41; and be it
FURTHER
RESOLVED
that said Town Board does hereby authorize and direct the Bookkeeper to
transfer the budgeted sum of Five Thousand Dollars ($5,000) designated for the
Veterans Memorial Park in the Celebrations Account, AA7550.4 to the newly
created Veterans Memorial Park Account, AA7110.41.
The
Resolution was subject to a vote upon roll call:
Councilman Waszkiewicz - Aye
Councilman Reynolds - Aye
Councilman Woodland - Aye
Councilman Payne - Aye
Supervisor Reed - Aye.
The Resolution was then declared unanimously carried and duly ADOPTED.
Donation
– 2006 Budget Adjustment
Upon
recommendation of the Parks and Recreation Director, Councilman Waszkiewicz
offered the following Resolution for adoption; seconded by Councilman Woodland:
(RESOLUTION NO. 290 OF 2006)
WHEREAS, on November 4, 1998 the
New Hartford Town Board had established a “gift”/”donation” policy pursuant to
Section 64(8) of the Town Law;
NOW,
THEREFORE, BE IT RESOLVED
that said Town Board does hereby accept the donation of One Thousand Dollars
($1,000) from Hannaford’s grocery store and does further authorize and direct
the Bookkeeper to increase the General Fund Whole-Town Revenue Account AA2705
by the sum of $1,000 and to increase the General Fund Whole-Town Appropriation
Account AA7020.2 [Recreation Center Equipment] by the sum of $1,000 for the
purpose of upgrading the Recreation Center public lockers.
A roll call
vote ensued:
Councilman Waszkiewicz - Aye
Councilman Reynolds - Aye
Councilman Woodland - Aye
October 4, 2006
Page 7
Councilman Payne - Aye
Supervisor Reed - Aye.
The Resolution was then declared unanimously carried and duly ADOPTED.
Appointments
– Seasonal Employees
Upon
recommendation of the Parks and Recreation Director, Councilman Waszkiewicz
introduced the following Resolution for adoption; seconded by Councilman
Woodland:
(RESOLUTION NO. 291 OF 2006)
RESOLVED that the New Hartford Town Board does hereby appoint the following individuals to the various part-time seasonal positions and for the hourly wages set opposite their several names, for the Parks and Recreation Department, commencing on the dates designated and terminating at the end of the 2006-2007 ice rental season; all wages to be paid bi-weekly:
Recreation Center A7020.14
Effective:
October 6, 2006
Jennifer Malechi Ice Attendant *$6.75/hour
Steve Harmon Sub Ice Attendant *$6.75/hour
Shaunna Noggle Sub Ice Attendant *$6.75/hour
*Effective January 1, 2007 the minimum hourly wage increases to Seven Dollars and Fifteen Cents ($7.15); therefore, the hourly wage of the above-referenced seasonal employees shall increase to $7.15 effective January 1, 2007;
Playground/Winter Recreation A7140.11
Effective:
December 2, 2006
Jerome Pitarresi Recreation Director $17.00/hour
Gyda Capanna Recreation Leader $16.00/hour
Peggy Brady Recreation Attendant $13.50/hour
Daniel Dreimiller Recreation Director $16.50/hour
Michalel Matt Recreation Attendant $10.50/hour
Kacie Cunningham Recreation Attendant $10.50/hour
Whereupon, the Town Board voted upon roll call:
Councilman Waszkiewicz - Aye
Councilman Reynolds - Aye
Councilman Woodland - Aye
October 4, 2006
Page 8
Councilman Payne - Aye
Supervisor Reed - Aye.
The Resolution was then declared unanimously carried and duly ADOPTED.
Town Clerk:
2007
Tentative Budget
Town Clerk
Gail Wolanin Young acknowledged that the 2007 Tentative Budget had been filed
with her office on Friday, September 29, 2006 and that the Bookkeeper had
furnished the Town Board with copies.
Public
Hearing – 2007 Preliminary Budget
Supervisor
Reed inquired about calling for a Public Hearing; the Town Clerk responded that
she’d initially placed this matter on the Agenda but removed it because she
thought it might be premature.
Supervisor Reed believed it would be okay to proceed with scheduling the
Public Hearing and introduced the following Resolution for adoption; seconded
by Councilman Reynolds:
(RESOLUTION NO.
292 OF 2006)
RESOLVED that the Town Board of the Town of New Hartford will conduct Public Hearings to commence at 6:00 P.M., or as soon thereafter as reached in the regular course of business, on Wednesday, November 1, 2006 in Butler Memorial Hall, 48 Genesee Street, in said Town, to consider the following matters:
- the adoption of the 2007 Preliminary Budget as the
2007 Annual Budget; and
- the establishment of the ad valorem charges for the fiscal
year beginning January 1, 2007 for the following special districts/improvement areas
Higby Road Water District
Water Fund
Fire Protection Districts No. 1 through No. 5,
Inclusive
Various Street Lighting Districts; and be it
FURTHER RESOLVED that the said Town Board does hereby authorize and direct the Town Clerk to publish the legal requisite Notices of Public Hearing in The Observer Dispatch.
October 4, 2006
Page 9
The Resolution was then voted upon as follows:
Councilman Waszkiewicz - Aye
Councilman Reynolds - Aye
Councilman Woodland - Aye
Councilman Payne - Aye
Supervisor Reed - Aye.
Thereafter,
the Supervisor declared the Resolution unanimously carried and duly ADOPTED.
Petition
– Heron Landing Residents Opposing Higby Road Water District
The Town
Clerk distributed copies of two (2) Petitions containing the names of seventeen
(17) Heron Landing residents who “………do not feel we have received any
discernible benefit from the Higby Road Water District which was developed due
to problems with residential wells. We
have been using city water for up to eight years and have never had a complaint
with our water service. Our homes were
purchased with full water service intact at absolutely no cost to the Town of
New Hartford. According to the Heron
Landing developer, this system cost upwards of $200,000 at the time of
installation. This expense should be
considered a savings in the overall cost of HRWD. We have many neighbors in our area that have been connected to
this system but have arbitrarily been kept out of the HRWD. Our unfair placement in the district has
caused our town tax to be raised by about 50% on average. We therefore request that the Town Board
remove this unfair confiscatory tax from our homes. It was an error by the Town of New Hartford to have placed us in
this district and we therefore request that the Town pay the approximately
$6,000 a year cost to the HRWD (or increase fees of the homeowners who
benefit).”
REPORTS OF STANDING COMMITTEES
Assessor Committee:
Board
of Assessment Review Vacancy
In response
to Councilman Payne’s inquiry, the Town Clerk stated that this Agenda item is
in reference to her September 26, 2006 e-mail to the Town Board members that
Duane Farr’s term on the Board of Assessment Review had expired September 30,
2006. Councilman Payne needs to contact
Mr. Farr to determine if he’s interested in reappointment to a five-year
term.
MATTERS SUBMITTED BY COUNCILMEN & ATTORNEY
Councilman Waszkiewicz:
REGULAR
TOWN BOARD MEETING
October
4, 2006
Page 10
Agenda
Items:
·
Wireless
Internet
– Committee needs to be finalized
·
Aerial
Towers For Transmission/proposed local law to limit height in all areas of the
Town –
awaiting written recommendation from Oneida County and Town Planning Boards
·
Meeting
with NYS Dept of Transportation – tentative meeting next Thursday to finalize signage
update on the NYS Route 840 (Judd Road Corridor)
·
Multi-municipal Comparison
Citizens Committee – Co-Chair Christine Krupa reported that, due to
scheduling conflicts of some members, results had not been finalized; she will
report at a future Town Board meeting
·
Graffenburg
Water Shed
– Councilman Waszkiewicz will e-mail a sample resolution to the Town Board
members
Attorney Green
Gerald
Green, Attorney for the Town, was present at the request of the Town Supervisor
but had no report at this time.
MATTERS SUBMITTED BY THE TOWN SUPERVISOR
Financial:
On recommendation of the Town Supervisor, Councilman Reynolds presented the following Resolution for adoption; seconded by Councilman Woodland:
(RESOLUTION NO.
293 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 had been duly audited by the Town Board:
General Fund, Whole-Town Abstract No. 29
Vouchers AA1422-AA1426 $ 2,554.77
General Fund, Whole-Town Police No. 29A
Voucher AA1427 $ 74.24
General Fund, Whole-Town Abstract No. 30
Vouchers AA1428-AA1465;
Vouchers AA1473-AA1482;
Vouchers AA1497-AA1503 $ 82,114.39
General Fund, Whole-Town Police No. 30A
Vouchers AA1466-AA1472;
Vouchers AA1483-AA1496 $ 36,725.03
October 4, 2006
Page 11
General Fund, Part-Town Abstract No. 20
Vouchers BB288-BB291 $ 3,034.84
Highway Fund Part-Town Abstract No. 21
Voucher DB402 $ 20.42
Highway Fund Part-Town Abstract No. 22
Vouchers DB403-DB420 $ 46,356.76
Sewer Fund Abstract No. 22
Vouchers SS75-SS76 $ 1,820.78
Sewer Fund Abstract No. 23
Vouchers SS77-SS82 $ 13,985.15
Stormwater Drainage Capital Abstract No. 9
Vouchers HC45-HC47;
Vouchers HC49-HC55 $ 8,067.70
Higby Road Water (Tank) Abstract No. 17
Vouchers HF51-HF53 $ 30,960.31
TOTAL: $225,714.39
Upon roll call, the Town Board members voted as follows:
Councilman Waszkiewicz - Aye
Councilman Woodland -
Aye
Councilman Reynolds - Aye
Councilman Payne - Aye
Supervisor Reed - Aye.
The
Resolution was thereupon declared unanimously carried and duly ADOPTED.
New Business – Bond Resolutions:
The Town
Clerk had distributed to the Town Board a 4-page synopsis of the thirteen (13)
proposed Bond Resolutions that had been prepared by Orrick, Herrington &
Sutcliffe LLP, Bond Counsel for the Town, noting that she had the full Bond
Resolutions at the meeting in the event anyone wished to review them.
Bond
Resolution – Construction & Reconstruction of Sidewalks
The
following resolution was offered by Councilman Waszkiewicz, who moved its
adoption, seconded by Councilman Woodland, to-wit:
(RESOLUTION NO. 294 OF 2006)
BOND
RESOLUTION DATED OCTOBER 4, 2006.
A RESOLUTION AUTHORIZING THE CONSTRUCTION AND
RECONSTRUCTION OF SIDEWALKS THROUGHOUT AND IN AND FOR
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TOWN BOARD MEETING
October
4, 2006
Page 12
THE TOWN OF NEW HARTFORD, ONEIDA COUNTY, NEW YORK, AT A
MAXIMUM ESTIMATED COST OF $150,000 AND AUTHORIZING, SUBJECT TO PERMISSIVE
REFERENDUM, THE ISSUANCE OF $150,000 BONDS OF SAID TOWN TO PAY THE COST
THEREOF.
BE IT RESOLVED, by the affirmative
vote of not less than two-thirds of the total voting strength of the Town Board
of the Town of New Hartford, Oneida County, New York, as follows:
Section 1. The construction and reconstruction of
sidewalks throughout and in and for the Town of New Hartford, Oneida County,
New York, including other improvements and costs incidental thereto, is hereby
authorized, SUBJECT TO PERMISSIVE REFERENDUM, at a maximum estimated
cost of $150,000.
Section 2. The plan for the financing of the aforesaid
maximum estimated cost is by the issuance of $150,000 bonds of said Town,
hereby authorized, SUBJECT TO PERMISSIVE REFERENDUM, to be issued
therefor pursuant to the provisions of the Local Finance Law.
Section 3. It is hereby determined that the period of
probable usefulness of the aforesaid class of objects or purpose is ten years,
pursuant to subdivision 24 of paragraph a of Section 11.00 of the Local Finance
Law. It is hereby further determined
that the maximum maturity of the bonds herein authorized will exceed five
years.
Section 4. The faith and credit of said Town of New
Hartford, Oneida County, New York, are hereby irrevocably pledged for the
payment of the principal of and interest on such bonds as the same respectively
become due and payable. An annual
appropriation shall be made in each year sufficient to pay the principal of and
interest on such bonds becoming due and payable in such year. There shall annually be levied on all the
taxable real property of said Town, a tax sufficient to pay the principal of
and interest on such bonds as the same become due and payable.
Section 5. Subject to the provisions of the Local
Finance Law, the power to authorize the issuance of and to sell bond
anticipation notes in anticipation of the issuance and sale of the bonds herein
authorized, including renewals of such notes, is hereby delegated to the
Supervisor, the chief fiscal officer.
Such notes shall be of such terms, form and contents, and shall be sold
in such manner, as may be prescribed by said Supervisor, consistent with the
provisions of the Local Finance Law.
Section 6. All other matters except as provided herein
relating to the bonds herein authorized including the date, denominations,
maturities and interest payment dates, within the limitations prescribed herein
and the manner of execution of the same,
REGULAR
TOWN BOARD MEETING
October
4, 2006