REGULAR
MEETING OF THE TOWN BOARD OF
THE
TOWN OF NEW HARTFORD, NEW YORK, HELD
AT
BUTLER MEMORIAL HALL, IN SAID TOWN ON
WEDNESDAY,
APRIL 11, 2007 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 John C. Waszkiewicz III
Councilman David M. Reynolds
Councilman Richard B. Woodland, Jr.
Supervisor Earle C. Reed
ABSENT: Councilman Robert A. Payne III
OTHER TOWN OFFICIALS: Assessor Paul Smith (arrived at 6:10 PM)
Highway Superintendent Roger A. Cleveland
Parks and Recreation Director Michael Jeffery
Planner Kurt Schwenzfeier
Police Chief Raymond Philo (arrived at 6:15 PM)
Telecommunicator Supervisor Jeffrey Madden
Town Attorney Gerald Green
Town Clerk Gail Wolanin Young, CMC/RMC and
Deputy Town Clerk I Margaret M. Jones
Thereafter, a quorum was declared present for the transaction of business. Councilman Payne, who was out of town on business, was unable to attend the meeting as Chicago’s O’Hare Airport was closed due to a snowstorm.
PUBLIC
HEARINGS
6:01
P.M. Comprehensive
Plan – Final GEIS
The Town Supervisor opened the Public Hearing at 6:01 P.M. and the Town Clerk presented the Notice of Public Hearing, Proof of Publication and Affidavit of Posting. Supervisor Reed announced the purpose of the Hearing was to offer the public an opportunity to speak for or against, or to comment upon the Comprehensive Plan – Final Generic Environmental Impact Statement (GEIS).
Planner Kurt Schwenzfeier gave a presentation on the GEIS as it relates to the Town’s Comprehensive Plan and the potential impact, if any, it may have on the Town’s resources. There could be a potential impact because the Plan deals with development, existing stormwater and traffic issues. The Town Board had previously declared itself as lead agency under SEQR. The Town Planner then answered questions that the Public had regarding this GEIS.
REGULAR TOWN BOARD MEETING
April 11, 2007
Page 2
General conclusions were that this could have an impact on growth and affect the character of the neighborhood as well as density of development and types of precedents like stormwater, DEC regulations and what the Town will be required to do. A question to be considered is the impact on neighboring communities.
The Town Supervisor inquired if anyone present wished to speak in favor of the proposed legislation; no one having come forth, Supervisor Reed asked if anyone present wished to speak against the proposed legislation.
A gentleman from Yorkville presented his concern regarding an article that appeared in the Utica-Observer Dispatch this morning regarding sewer disposal problems in Oneida County and the environmental problems that the area municipalities may have regarding sewage treatment. A determination regarding this problem, as per Highway Superintendent Cleveland, has not been made and the municipalities involved are waiting to hear from DEC and Oneida County. The Town does do infiltration studies. Storm water and infiltration of water are addressed in the GEIS. The article is about County-owned sewers. Until there is a consent order, the Town can’t determine any impact this would have on the Town. Fourteen (14) communities are involved in this problem.
Supervisor Reed declared the Public Hearing closed at 6:07 P.M.
Approval of Final GEIS – Comprehensive Plan
Upon recommendation of Planner Schwenzfeier, Councilman Reynolds presented the following Resolution for adoption, seconded by Councilman Waszkiewicz:
(RESOLUTION NO.
56 OF 2007)
WHEREAS, the Town Board of the Town of New Hartford has designated a Steering Committee to work with the consultant, peter j. smith & company, inc., to develop a comprehensive plan for the Town of New Hartford; and
WHEREAS, the committee has completed a draft comprehensive plan and wishes to continue the SEQRA process with the Town Board; and
WHEREAS, the Town Board has the authority to adopt the comprehensive plan for New Hartford and wishes to pursue this possibility; and
WHEREAS, the Town Board has been designated lead agency; and
WHEREAS, the Committee has completed a Final Generic Environmental Impact statement that addresses potential impacts and alternative;
REGULAR TOWN BOARD
MEETING
April 11, 2007
Page 3
IT IS HEREBY RESOLVED that the New Hartford Town Board accepts the Final Generic Environmental Impact Statement in accordance with the State Environmental Quality Review Act, 6 NYCRR Part 617.6, for the preparation of the Comprehensive Plan; and
BE IT FURTHER RESOLVED THAT the Town Board will file a Notice of Completion with the ENB and all involved agencies to receive comments from interested parties.
Upon roll call, the Board members voted as follows:
Councilman Waszkiewicz - Aye
Councilman Reynolds - Aye
Councilman Woodland - Aye
Councilman Payne - Absent
Supervisor Reed - Aye.
The Resolution was declared unanimously carried and duly ADOPTED.
6:08 P.M. Local Law Introductory “D” of 2006 –
Amend the Code of the Town of New Hartford, Chapter 118 thereof entitled
Zoning, Section 118-60
Supervisor
Reed opened the Public Hearing at 6:08 P.M. and the Town Clerk presented the
Notice of Public Hearing, Affidavit of Posting and Proof of Publication. The Supervisor explained that the purpose of
the Hearing was to offer the public an opportunity to speak for against, or to
comment upon Local Law Introductory “D” of 2006 which, if adopted, would amend
the Code of the Town of New Hartford, Chapter 118 thereof entitled ZONING,
Section 118-60, Additional Height Requirements, and the Schedules of Use, Area
and Bulk Regulations for Zoning Classifications A, RA-2, LDR, MDR, HDR, RBI,
RB2, RB3, M, PO, PHB, PDMH and PDMU.
Councilman Waszkiewicz gave a brief overview of the legislation, stating that this is a good law and in the best interest of the community. The information regarding this amendment had been referred to the Oneida County Planning Department and the Town Planning Board for their review and written recommendation, both of which were positive recommendations.
Walter Dluginski asked what if NYRI came in and put up their towers? Councilman Waszkiewicz stated that it is his understanding that eminent domain would most likely supersede this law, but it would depend on the federal government and their determination. Councilman Waszkiewicz stated that the Town’s Zoning Board could
REGULAR TOWN BOARD MEETING
April 11, 2007
Page 4
approve a variance but would have to determine whether the variance is worthwhile and in the best interest of the town.
There having been no one further to speak in the matter, the Supervisor closed the Public Hearing at 6:12 P.M.
Adoption – Local Law No. One of 2007
Thereafter, Supervisor Reed moved that Local Law Introductory “D” of 2006 be adopted as Local Law No. One of 2007, in the following format; seconded by Councilman Waszkiewicz:
TOWN OF NEW
HARTFORD, NEW YORK
LOCAL LAW NO.
ONE OF 2007
A Local Law to amend the Code of the Town of New Hartford, Chapter 118 thereof entitled ZONING, Section 118-60, Additional Height Requirements, and the Schedules
Section 118-60. Additional height requirements
The existing paragraph shall become A. and the words “, transmission and
communication towers and cables..” shall be deleted from the first sentence
in paragraph A.
Add New Paragraph:
B. Communication and transmission towers and cables shall be a maximum
of 100 feet.
(Attachment 4:6) HDR – High-Density Residential District
(Attachment 4:7-8) RB1 – Retail Business District
(Attachment 4:9-10) RB2 – Retail Business 2 District
April 11, 2007
Page 5
(Attachment 4:11) RB3 – Office Business District
(Attachment 4:13) M – Manufacturing District
(Attachment 4:15) PO – Professional Office District
(Attachment 4:16) PHB – Planned Highway Business District
(Attachment 4:17) PDMH – Planned Development Mobile Home District
(Attachment 4:18) PDMU – Planned Development Mixed Use District
shall be changed so that all Public Utility(ies) shall have a Maximum Height of one hundred (100) feet.
SECTION 3. 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 4. This Local Law shall become effective immediately upon its filing in the Office of the Secretary of State.
The Town Board then voted upon roll call as follows:
Councilman Waszkiewicz - Aye
Councilman Reynolds - Aye
Councilman Woodland - Aye
Councilman Payne - Absent
Supervisor Reed - Aye.
The Resolution was declared unanimously carried and duly ADOPTED.
Steven Zywiak, Christopher Neely and Christopher Lanjet from the Department of Transportation made a presentation regarding the Route 5 & 5A Project to be started, which involves widening Commercial Drive under the Judd Road Project and adds multiple turning lanes in the area of Sangertown, Tehans, Toys R Us and then paving up to the curb line at Route 5. The estimated completion of this project would be by October 31, 2007. Phase I would focus on drainage and some widening of the road at the mall entrances. Phase II would require the movement of all traffic to three (3) lanes and reconstruct the North side of roadway. Phase III would then move the traffic so that the South side of the road can be reconstructed. Also in Phase II and III the binder course will be added and new sidewalks would be constructed. Finally, Phase IV would be the completion of the project to include permanent signs, top course of pavement, and landscaping. Any additional water run-off will be addressed with retention ponds. The
April 11, 2007
Page 6
engineer explained that there would be substantial night work and DOT would try not to impact businesses; weekdays 10:00 P.M. to 9:00 A.M. and Sundays 7:00 P.M. to 9:00 A.M.
Lease Agreement – Grad-all
After research, Town Attorney Gerald Green determined that a Highway Superintendent has the right to enter into a Lease Agreement but the Town Board must approve the amount. In September 2006 Highway Superintendent Cleveland had entered into a Lease Agreement, the amount of which needs Town Board approval, and would like the Board to authorize the Bookkeeper to transfer existing funds to cover this expense. Thereafter, Councilman Reynolds presented the following Resolution for adoption; seconded by Councilman Waszkiewicz:
(RESOLUTION NO. 57 OF
2007)
RESOLVED that the New Hartford Town Board does hereby approve the Lease Agreement entered into between Highway Superintendent Roger Cleveland and Vantage Equipment, LLC for the lease of a Grad-all at the rate of Five Thousand Dollars ($5,000) per month and does further authorize Bookkeeper Carol Fairbrother to make the following budgetary transfers:
2006 Budget Transfer
From DB5130.4 to DB5130.44 - $15,000.00
2007 Budget Transfer
From DB5130.2 to DB 5130.44 - $ 5,000.00
Whereupon, the Town Board members voted individually as follows:
Councilman Waszkiewicz - Aye
Councilman Reynolds - Aye
Councilman Woodland - Aye
Councilman Payne - Absent
Supervisor Reed - Aye.
The Resolution was declared unanimously carried and duly ADOPTED.
April 11, 2007
Page 7
Upon recommendation of the Highway Superintendent, Councilman Reynolds presented the following Resolution for adoption; seconded by Councilman Waszkiewicz:
(RESOLUTION NO. 58 OF
2007)
RESOLVED that the New Hartford Town Board does hereby authorize and direct the Town Supervisor to enter into an Agreement between Benderson Development Company, LLC, the New York State Department of Transportation, the Oneida County Department of Public Works and the Town of New Hartford for relocation of the signal support pole across from Hannaford’s Plaza on Kellogg Road, at no cost to the Town of New Hartford.
The Town Board members voted individually as follows:
Councilman Waszkiewicz - Aye
Councilman Reynolds - Aye
Councilman Woodland - Aye
Councilman Payne - Absent
Supervisor Reed - Aye.
The Resolution was declared unanimously carried and duly ADOPTED.
Change Order #3-1 - Higby Road Water District
Upon recommendation of the Highway Superintendent, Supervisor Reed presented the following Resolution for adoption; seconded by Councilman Waszkiewicz:
(RESOLUTION NO. 59 OF
2007)
RESOLVED that the New Hartford Town Board does hereby authorize and direct the Town Supervisor to execute Change Order No. 3-1 between the Town of New Hartford and JEM Smith Construction Co., Inc., P.O. Box 56, Sherrill, NY 13461 for a decrease in the amount of One Thousand Three Hundred Seventy-Two Dollars and Four Cents ($1,372.04) as same pertains to the Higby Road Water District.
Upon roll call the Board members voted as follows:
Councilman Waszkiewicz - Aye
Councilman Reynolds - Aye
Councilman Woodland - Aye
Councilman Payne - Absent
Supervisor Reed - Aye.
April 11, 2007
Page 8
The Resolution was declared unanimously carried and duly ADOPTED.
Appointments – Seasonal Employees
Upon recommendation of Highway Superintendent Cleveland, the following Resolution was introduced for adoption by Councilman Reynolds and duly seconded by Councilman Woodland:
(RESOLUTION NO. 60 OF
2007)
RESOLVED that the New Hartford Town Board does hereby appoint the following individuals as seasonal Highway Department Laborers at the hourly wage of Eight Dollars and Fifty Cents ($8.50) commencing on the date set opposite their names for the 2007 summer season; all wages to be paid bi-weekly:
· Alexander VanDyke April 23, 2007
· Andrew Mosher April 23, 2007
· Evan Rossi July 5, 2007
· Kenneth Rowe April 16, 2007
· Steven Rieben April 23, 2007
The Town Board voted on roll call as follows:
Councilman Waszkiewicz - Aye
Councilman Reynolds - Aye
Councilman Woodland - Aye
Councilman Payne - Absent
Supervisor Reed - Aye.
The Resolution was declared unanimously carried and duly ADOPTED.
Bid Authorization – One (1) Small Pick Up Truck
Upon recommendation of the Highway Superintendent, Councilman Waszkiewicz presented the following Resolution for adoption; seconded by Councilman Reynolds:
(RESOLUTION NO. 61 OF
2007)
RESOLVED that the New Hartford Town Board shall receive sealed bids for one (1) new small Pick Up Truck, in accordance with Town specifications; all bids are to be received by the Town Clerk’s Office no later than 10:45 A.M. on Friday, June 1, 2007 and then publicly opened and read aloud at 11:00 A.M. on said date and in said Office; and be it
April 11, 2007
Page 9
FURTHER RESOLVED that the said Town Board hereby authorize and direct the Town Clerk to publish the legal requisite Advertisement-Invitation to Bid in The Observer Dispatch.
Councilman Waszkiewicz - Aye
Councilman Reynolds - Aye
Councilman Woodland - Aye
Councilman Payne - Absent
Supervisor Reed - Aye.
The Resolution was declared unanimously carried and duly ADOPTED.
Agreement – Road Striping
Upon recommendation of the Highway Superintendent, Councilman Reynolds presented the following Resolution for adoption; seconded by Councilman Waszkiewicz:
(RESOLUTION NO. 62
OF 2007)
RESOLVED that the Town Board of the Town of New Hartford does hereby authorize and direct the Town Supervisor to execute the 2007 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 - Absent
Supervisor Reed - Aye
The Resolution was
thereafter declared unanimously carried and duly ADOPTED.
Upon recommendation of the Parks and Recreation Director, Councilman Waszkiewicz offered the following Resolution for adoption; seconded by Councilman Reynolds:
(RESOLUTION NO. 63
OF 2007)
REGULAR TOWN BOARD MEETING
April 11, 2007
Page 10
RESOLVED that the New Hartford Town Board does hereby appoint the following individuals to the various seasonal positions and for the hourly wages opposite their several names, for the Parks and Recreation Department, beginning on the dates opposite their name and through the 2007 summer season; all wages to be paid bi-weekly.
Kevin Hebert Gardener $9.00 per hour April 16, 2007
Adam Griffin Park Laborer II 8.40 per hour April 2, 2007
Michael Steele Park Laborer II 8.40 per hour May 21, 2007
Richard Davies Park Laborer II 8.40 per hour May 21, 2007
Christian Lutz Park Laborer I 7.85 per hour May 21, 2007
The Board members voted as follows:
Councilman Waszkiewicz - Aye
Councilman Reynolds - Aye
Councilman
Woodland - Aye
Councilman Payne - Absent
Supervisor Reed - Aye
The Resolution was
thereafter declared unanimously carried and duly ADOPTED.
This matter was deferred until the May 9, 2007 Town Board Meeting.
Parks and Recreation Director Jeffery stated that his department has been awarded a NYS Member Item Grant in the amount of Ten Thousand Dollars, which he would like to use towards the purchase of a Groom Master for the Parks Department. The Parks and Recreation Director explained that his current Equipment budget is Twelve Thousand One Hundred Eighty Dollars ($12,180). Thereafter, Councilman Waszkiewicz presented the following Resolution for adoption; seconded by Councilman Reynolds:
(RESOLUTION NO. 64 OF 2007)
WHEREAS, the Parks and Recreation Director has received a Ten Thousand Dollar ($10,00) NYS Member Item Grant; and
WHEREAS, Parks and Recreation Director Michael Jeffery has requested that he be allowed to purchase a Groom Master for use by his Department;
April 11, 2007
Page 11
NOW, THEREFORE, BE IT RESOLVED that the New Hartford Town Board does hereby authorize the Parks and Recreation Director to purchase a 42-001D Smithco Superstar V Groom Master at a cost of Nine Thousand Eight Hundred Seventy-One Dollars ($9,871), said purchase to be paid with funds from the NYS Member Item Grant.
The foregoing Resolution was subject to a vote upon roll call as follows:
Councilman Waszkiewicz - Aye
Councilman Reynolds - Aye
Councilman
Woodland - Aye
Councilman Payne - Absent
Supervisor Reed - Aye
The Resolution was
thereafter declared unanimously carried and duly ADOPTED.
Parks and Recreation Director Michael Jeffery has received many inquiries that Debit/Credit cards be a method of payment for use of the park facilities and programs offered by the Parks Department. The Parks and Recreation Director distributed a comparison chart, which he had created for the Town Board’s review. Mr. Jeffery is not looking for the Board to take action at this meeting, but asked the Board to review the different scenarios that are available for these types of cards.
The Town Planner requested that the Town Board release the existing Letter of Credit, which was provided by the Presbyterian Home and accept a new Letter of Credit for the remaining site construction. Attorney Green has reviewed this paperwork. Planner Schwenzfeier reassured the Town Board members that, per a telephone conversation he had with Attorney Daniel Vincelette, passing this Resolution has no legal connection with the Preswick Glen tax exemption issue. Thereafter, Councilman Waszkiewicz presented the following Resolution for adoption; seconded by Councilman Reynolds:
(RESOLUTION NO. 65
OF 2007)
WHEREAS, the Presbyterian Home has provided a Letter of Credit to the Town of New Hartford in the amount of One Hundred Sixty-Nine Thousand Five Hundred Sixty Dollars and Fifty Cents ($169,560.50) for the Preswick Glen project and which Letter of Credit is due expire at the close of business on April 19, 2007, and
April 11, 2007
Page 12
WHEREAS, a new Letter of Credit in the amount of One Hundred Four Thousand, Seven Hundred Fifty-Eight Dollars and Thirty Cents ($104,758.30) will be provided to the Town of New Hartford by the Presbyterian Home as it relates to remaining site construction, and
WHEREAS, it the understanding of the Town of New Hartford that the Presbyterian Home will need to provide a Letter of Credit for any remaining outstanding site work next year at this time;
NOW, THEREFORE, BE IT RESOLVED that the New Hartford Town Board does release the existing Letter of Credit in the amount of One Sixty-Nine Thousand Five Hundred Sixty Dollars and Fifty Cents ($169,560.50) provided by the Presbyterian Home, and
BE IT FURTHER RESOLVED that the New Hartford Town Board does accept a new Letter of Credit in the amount of One Hundred Four Thousand Seven Hundred Fifty-Eight Dollars and Thirty Cents ($104,758.30), which is Ten Percent (10%) of the estimated balance of $1,047,583.
A roll call vote ensued:
Councilman Waszkiewicz - Aye
Councilman Reynolds - Aye
Councilman
Woodland - Aye
Councilman Payne - Absent
Supervisor Reed - Aye
The Resolution was
thereafter declared unanimously carried and duly ADOPTED.
(RESOLUTION NO. 66
OF 2007)
RESOLVED that the Town Board of the Town of New Hartford does hereby declare as surplus the following vehicles:
April 11, 2007
Page 13
Vehicle Year and Make/Model Vehicle Identification Number
1995 Ford Winstar 2FMDA5144SBA99190
2000 Ford Crown Victoria 2FAFP71W6X175643
2003 Ford Crown Victoria 2FAHP71WX3X310846
and,
BE IT FURTHER RESOLVED that Police Chief Raymond Philo be, and he hereby is, authorized to place the aforementioned vehicles for sale on E-Bay.
The Resolution was upon by roll call as follows:
Councilman Waszkiewicz - Aye
Councilman Reynolds - Aye
Councilman
Woodland - Aye
Councilman Payne - Absent
Supervisor Reed - Aye.
The Resolution was
thereafter declared unanimously carried and duly ADOPTED.
NYS Member Item Grant
Police Chief Raymond Philo acknowledged receipt of a Seven Thousand Dollar ($7,000) Grant from NYS Assemblyman David Townsend, to be used toward the upgrade of a number of laptop computers and a desktop computer at the Sangertown Mall substation. Because of budget constraints, the Police Department was unable to upgrade all of their computers and this Grant will allow the Department to do this. Thereafter, Councilman Reynolds presented the following Resolution for adoption; seconded by Councilman Waszkiewicz:
(RESOLUTION NO. 67 OF
2007)
RESOLVED that the New Hartford Town Board does hereby accept a $7,000 Member Item Grant From NYS Assemblyman David Townsend, and does further authorize and direct Bookkeeper Carol Fairbrother to establish Revenue Account No. A3089.3 for Seven Thousand Dollars ($7,000) and to increase the Police Equipment Account No. A3120.2 by Seven Thousand Dollars ($7,000).
The Board members voted as follows:
Councilman Waszkiewicz - Aye
Councilman Reynolds - Aye
Councilman
Woodland - Aye
Page 14
Councilman Payne - Aye Supervisor
Reed - Aye.
The Resolution was
thereafter declared unanimously carried and duly ADOPTED.
State Anti-Crime Grant -Warrant Investigator Position
Police Chief Philo stated that the Police Department has received funding from “Operation Impact” to establish the position of Warrant Investigator. Thereafter, Councilman Waszkiewicz presented the following Resolution for adoption; seconded by Councilman Woodland.
(RESOLUTION NO. 68 OF 2007)
RESOLVED that the New Hartford does hereby establish the position of Warrant Investigator in and for the Police Department to specifically address the arrest and enforcement of Court issued warrants, which position is being funded by “Operation Impact” funds, a state anti-crime grant. This position shall be a temporary addition to the Police Department’s table of organization and shall be eliminated by attrition upon funding termination.
Upon roll call, the Board members voted as follows:
Councilman Waszkiewicz - Aye
Councilman Reynolds - Aye
Councilman
Woodland - Aye
Councilman Payne - Absent
Supervisor Reed - Aye
The Resolution was
thereafter declared unanimously carried and duly ADOPTED.
Appointment - Warrant Investigator
Upon recommendation of the Police Chief, Councilman Waszkiewicz presented the following Resolution for adoption; seconded by Councilman Reynolds:
(RESOLUTION NO. 69
OF 2007)
WHEREAS, a full-time Position as a Warrant Investigator has been created in the Police Department;
Page 15
The foregoing Resolution was duly put to a vote upon roll call as follows:
Councilman Waszkiewicz - Aye
Councilman Reynolds - Aye
Councilman Woodland - Aye
Councilman Payne - Absent
Supervisor Reed - Aye.
The Resolution was
thereafter declared unanimously carried and duly ADOPTED.
Upon recommendation of the Police Chief, Councilman Waszkiewicz presented the following Resolution for adoption; seconded by Councilman Reynolds:
(RESOLUTION NO. 70
OF 2007)
WHEREAS, full-time Police Officer Steven Laymon has been promoted to the position of Warrant Investigator for the Police Department, leaving a vacancy in a full-time Police Officer position;
The foregoing Resolution was duly put to a vote upon roll call as follows:
Councilman Waszkiewicz - Aye
Councilman Reynolds - Aye