REGULAR
MEETING OF THE TOWN BOARD OF
THE
TOWN OF NEW HARTFORD, NEW YORK,
HELD
AT NEW YORK MILLS UNION FREE SCHOOL,
1
MARAUDER BOULEVARD, IN SAID TOWN ON WEDNESDAY,
AUGUST
8, 2007 AT 6:03 P.M.
In the absence of the Supervisor who was out of state, Deputy Supervisor David Reynolds called the meeting to order at 6:03 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
Deputy Supervisor/Councilman David M. Reynolds
ABSENT: Supervisor Earle C. Reed
Councilman Richard B. Woodland, Jr.
OTHER TOWN OFFICIALS: Codes Enforcement Officer Joseph A. Booth
Highway Superintendent Roger A. Cleveland
Parks & Recreation Director Michael W. Jeffery
Personnel Technician II Barbara Aiello
Police Chief Raymond Philo
Planner Kurt Schwenzfeier
Town Clerk Gail Wolanin Young and
Deputy Town Clerk I Margaret M. Jones
Thereafter, a quorum was declared present for the transaction of business.
POWER
POINT PRESENTATION – Codes Enforcement Officer
Codes Enforcement Officer Joseph Booth provided a slide presentation to familiarize the Town Board on the responsibilities of Codes Enforcement Officers under statutory and local legislation as well as the current level of staffing to handle such responsibilities.
MINUTES
APPROVAL
July 11, 2007 Town Board minutes
Councilman Waszkiewicz introduced the following Resolution for adoption, seconded by Councilman Payne:
(RESOLUTION NO.
170 OF 2007)
RESOLVED that the New Hartford Town Board does hereby accept and approve as submitted the minutes of the Regular Town Board meeting held July 11, 2007 and does further waive the reading of the same.
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Upon roll call, the Board members voted as follows:
Councilman Waszkiewicz - Aye
Councilman Woodland - ABSENT
Councilman Reynolds - Aye
Councilman Payne - Aye
Supervisor Reed - ABSENT.
The Resolution was declared unanimously carried and duly ADOPTED.
PUBLIC
PRESENTATIONS
There were none.
REPORTS
OF TOWN OFFICIALS
Aging
(Senior Services):
In behalf of Senior Services Director M. Eileen Spellman, Personnel Technician Barbara Aiello briefed the Town Board on a program offered by RURAL OPPORTUNITIES whereby said agency provides a senior community service employment program for eligible senior citizens. The program is administered by the U.S. Department of Labor for low-income senior citizens. While a municipality can act as a host agency to provide on-the-job training, RURAL OPPORTUNITIES pays the individual’s wages and any related benefits (such as but may not be limited to workers compensation) for a period of one year, after which the host agency has the option of hiring the trainee as a regular employee or the trainee could become employed in the private sector. Town Board consensus was that the Town Attorney would review the agreement.
Highway
Superintendent:
Competitive Bid Results & Award – Pick-up
Truck
Highway Superintendent Cleveland reported that of four (4) bid specification packages that had been picked up by vendors for the purchase of a Pick-up Truck, only one bid was received at the August 7, 2007 Bid Opening. Steet-Ponte Ford quoted $15,513.90 for a 2008 Ford Ranger. Thereafter, Councilman Payne offered the following Resolution for adoption; seconded by Councilman Waszkiewicz:
(RESOLUTION NO.
171 OF 2007)*Repealed
09/12/2007
WHEREAS, the Town Superintendent of Highways did, on the 8th day of August 2007, duly recommend the purchase of certain equipment pursuant to the provision of Section 142 of the Highway Law;
August 8,
2007
Page 3
NOW, THEREFORE, BE IT RESOLVED that, contingent upon available funding, the New Hartford Town Board does hereby authorize the Town Superintendent of Highways to purchase, in accordance with the provisions of Article 5-A of the General Municipal Law, and with the approval of the County Superintendent of Highways, one (1) 2008 Ford Ranger from Steet-Ponte Ford, P.O, Box 250, Yorkville, New York 13495, as per Town specifications, for a maximum aggregate price of Fifteen Thousand Five Hundred Thirteen Dollars and Ninety Cents ($15,513.90), delivered at the Sanger Public Works Garage, 111 New Hartford Street, New Hartford, New York, within six (6) to seven (7) weeks from the date of this Resolution. A contract for the pick-up truck purchased shall be duly executed in triplicate between the Town Superintendent of Highways and such vendor and when approved by the County Superintendent of Highways, it shall become effective. When the contract has been executed and approved, and upon delivery of the pick-up truck, the Town Supervisor shall pay the amount of $15,513.90 from budgetary appropriations for purchase of equipment.
Upon roll call, the Town Board voted as follows:
Councilman Waszkiewicz - Aye
Councilman Woodland - ABSENT
Councilman Reynolds - Aye
Councilman Payne - Aye
Supervisor Reed - ABSENT.
The Deputy Supervisor declared
the Resolution unanimously carried and duly ADOPTED.
Competitive Bid – Sidewalk Program
Upon recommendation of the Highway Superintendent, the following Resolution was offered for adoption by Councilman Waszkiewicz and seconded by Councilman Payne:
(RESOLUTION NO.
172 OF 2007)
WHEREAS, a Resolution had been adopted on July 11, 2007 authorizing Al Swierczek, P.E., to prepare specifications for the competitive bid process for the 2007 Sidewalk Program and setting August 7, 2007 as the date to receive bids; and
WHEREAS, the specifications had not been completed in time to advertise and receive bids on August 7, 2007;
NOW, THEREFORE, BE IT RESOLVED that the New Hartford Town Board shall receive sealed bids for the 2007 Sidewalk Program, as per Town specifications, until 10:45 A.M. on Tuesday, September 4, 2007 in the New Hartford Town Clerk’s Office, 48
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Genesee Street, New Hartford, NY where all bids received shall be publicly opened and read aloud at 11:00 A.M. on said date; and be it
FURTHER RESOLVED that the Town Board does hereby authorize and direct the Town Clerk to publish the legal requisite Invitation to Bid in the Observer Dispatch on August 24, 2007.
A roll call vote ensued:
Councilman Waszkiewicz - Aye
Councilman Woodland - ABSENT
Councilman Reynolds - Aye
Councilman Payne - Aye
Supervisor Reed - ABSENT.
The Deputy Supervisor declared
the Resolution unanimously carried and duly ADOPTED.
Agreement – Roadside Ditching
Upon recommendation of the Highway Superintendent, Councilman Waszkiewicz offered the following Resolution for adoption; seconded by Councilman Payne:
(RESOLUTION NO.
173 OF 2007)
RESOLVED that the Town Board of the Town of New Hartford does hereby authorize and direct the Town Supervisor, or his Deputy, and Highway Superintendent to execute the 2007 Roadside Ditching Agreement between the Town of New Hartford and the County of Oneida acting through the Oneida County Department of Public Works wherein said Town agrees to furnish some machinery and labor to the County for the purpose of providing the County with roadside ditching services to keep Right of Way portions of the highway ditched in accordance with the rules and regulations as set forth by the County, which rules and regulations are made a part of said Agreement for the construction season dating from April 2007 through December 2007.
Upon roll call, the Board members voted as follows:
Councilman Waszkiewicz - Aye
Councilman Woodland - ABSENT
Councilman
Reynolds - Aye
Councilman Payne - Aye
Supervisor Reed - ABSENT.
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Resolution No. 173 was thereafter declared unanimously carried and duly ADOPTED.
Highway Superintendent Cleveland reported on the July 18, 2007 meeting of the Stormwater Advisory Committee:
Upon recommendation of the Highway Superintendent, the following Resolution was introduced for adoption by Councilman Waszkiewicz and duly seconded by Councilman Payne:
(RESOLUTION NO. 174 OF 2007)
WHEREAS, in 2006 the Town Sewer Department had televised the sanitary sewer main along Commercial Drive, identifying substantial defects; and
WHEREAS, in late July/beginning of August 2007 a Commercial Drive property owner apprised the Sewer Department of a problem with the sanitary sewer main in front of his business; and
WHEREAS, flushing the sanitary sewer main merely flushed gravel back through the pipe; and
WHEREAS, if the sanitary sewer main were to collapse, a health, welfare and safety issue could affect business patrons and residents of the Town of New Hartford, with sanitary sewer overflow potentially draining into catch basins that flow into Mudd Creek; and
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WHEREAS, the Highway/Sewer Superintendent has contracted with an engineering firm with regard to replacement of the sanitary sewer main;
THEREFORE, BE IT RESOLVED that, due to the imminent health, safety and welfare situation created by defects in an approximate six hundred feet (600’) of sanitary sewer main along Commercial Drive in the vicinity of the Hartford Queen diner, the Town Board does hereby declare this matter an emergency situation and does hereby authorize the Highway/Sewer Superintendent to proceed with the necessary action to rectify the situation, with the understanding that the estimated cost of $80,000 to $90,000 be paid from Fees In Lieu of Mitigation (FILM), Sewer Account, and/or other appropriate accounts, as required.
The Resolution was voted upon by roll call as follows:
Councilman Waszkiewicz - Aye
Councilman Woodland - ABSENT
Councilman
Reynolds - Aye
Councilman Payne - Aye
Supervisor Reed - ABSENT.
Resolution No. 174 was thereafter declared unanimously carried and duly ADOPTED.
Upon request of the Highway Superintendent, the following Resolution was offered for adoption by Councilman Waszkiewicz and duly seconded by Councilman Payne:
(RESOLUTION NO.
175 OF 2007)
RESOLVED that the New Hartford Town Board does hereby
authorize and direct the Highway Superintendent to issue a Notice to
Proceed to Barrett Paving Materials after Attorney Green has
reviewed and is satisfied with all the bonds and insurance documents submitted
by Barrett Paving Materials.
Upon roll call, the Board voted as follows:
Councilman Waszkiewicz - Aye
Councilman Woodland - ABSENT
Councilman Reynolds - Aye
Councilman Payne - Aye
Supervisor Reed - ABSENT.
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The Deputy
Supervisor declared the Resolution unanimously carried and duly ADOPTED.
Parks
and Recreation Director:
Upon recommendation of the Parks and Recreation Director, the following Resolution was offered for adoption by Councilman Payne and duly seconded by Councilman Waszkiewicz:
(RESOLUTION NO.
176 OF 2007)
RESOLVED that the New Hartford Town Board does hereby promote Substitute Lifeguard Lindsay Mundrick to the position of Water Safety Instructor (WSI) for the 2007 Summer Recreation Program at the hourly wage of Eight Dollars and Seventy-five Cents ($8.75), retroactive to June 25, 2007. the date on which she filled the vacancy created when Sean Dwyer declined his appointment as WSI.
Whereupon, the Town Board voted upon roll call:
Councilman Waszkiewicz - Aye
Councilman Woodland - ABSENT
Councilman Reynolds - Aye
Councilman Payne - Aye
Supervisor Reed - ABSENT.
The Resolution was then declared unanimously carried and duly ADOPTED.
Summer Recreation Programs
Parks and Recreation Director Jeffery briefed the Town Board on:
· Summer registration for playgrounds, 288 participants and 22 children being placed on a “waiting” list
· Swim program with 450 registrants
· Veterans’ Memorial Park – 2nd phase has been completed with plaques being posted
o the 3rd phase will include a pond
o the 4th phase will be a parking lot
· Donovan Memorial Park, Chadwicks
o Relocation of the tennis courts has been completed and the courts will be available to the public within a week or two
o Basketball has been repaved
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o Splash Pad – possibility that it would be completed by mid-September.
Town
Clerk:
Surplus Vehicle
Town Clerk Gail Wolanin Young stated that the Town was able to sell on e-Bay a 2000 Ford Crown Victoria, VIN 2FAFP71W2YX178920, for the sum of Six Hundred Dollars ($600). Thereafter, the Deputy Supervisor signed the Certificate of Title to transfer ownership to John Cancelino, Middleville, New York.
SEQR Negative Declaration – Zone Map Amendment/Local Law
Introductory “B” of 2007
Action on Local Law Introductory “B” of 2007, having been subject to a Public Hearing on July 11, 2007, had been tabled until a few issues with the Preswick Glen project had been resolved. Subsequently, Planner Schwenzfeier, Codes Enforcement Officer Booth and Senior Engineering Technician Meagher had met with Presbyterian Home Executive Director Raymond Garrett and the property owners adjacent to the Preswick Glen project and the Town has not received any complaints about the continuing development of Preswick Glen. Thereafter, Councilman Payne offered the following Resolution for adoption; seconded by Councilman Waszkiewicz:
(RESOLUTION
NO. 177 OF 2007)
RESOLVED that the Town Board of the Town of New Hartford, as Lead Agency in the matter of the rezoning request submitted by P H & S Property Management (Tax Map No. 328.000-2-73) does hereby unanimously adopt the determination and findings set forth in the Negative Declaration (SEQR), Notice of Determination of Non-Significance, as prepared by the Town Planner and which will be filed in the Town Clerk’s Office.
Upon roll call, the Town Board voted as follows:
Councilman Waszkiewicz - Aye
Councilman Woodland - ABSENT
Councilman Reynolds - Aye
Councilman Payne - Aye
Supervisor Reed - ABSENT.
The Deputy Supervisor declared the Resolution unanimously
carried and duly ADOPTED.
August 8,
2007
Page 9
Adoption – Local Law Introductory “B” of 2007 as
Local Law No. Three of 2007
Councilman Payne then moved that Local Law Introductory “B” of 2007 be adopted as Local Law No. Three of 2007, in the following format; seconded by Councilman Waszkiewicz:
TOWN OF NEW
HARTFORD, NEW YORK
LOCAL LAW NO. THREE OF 2007
A Local Law to amend the Code of the Town of New Hartford, Chapter 118 thereof entitled ZONING, and map coincidental thereto, as it pertains to property fronting NYS
Route 12B (aka Clinton Road), a description of which is set forth in Section 2, and changing the designation of property from MDR (Medium Density Residential) to PDI (Planned Development Institutional).
BE IT ENACTED by the Town Board of the Town of New Hartford as follows:
SECTION 1. Chapter 118 of the Code of the Town of New Hartford, Section 118-8, and particularly the map coincidental thereto and made a part thereof, is hereby amended as follows:
Section 118-8. Zoning Map
(Change the designation of a 100’ x 250’ parcel, identified as Tax Map Parcel No. 328.000-2-73, owned by PH & S Property Management, Inc., from MDR [Medium Density Residential] to PDI [Planned Development Institutional].)
SECTION 2. The boundaries and description of said district are as follows:
THAT PIECES OR PARCELS OF LAND, situate in the Town of New Hartford, County of Oneida and State of New York, being a part of Lot No. 67 in the Seventh Division of Coxe’s Patent and bounded and described as follows: Beginning at a point in the Utica-Clinton highway, distant 333.7 ft. from the southeast corner of the land conveyed by Owen E. Thomas and Elizabeth, his wife, to Charles B. Luke, of Whitesboro, New York by deed dated June 15, 1927, and recorded in the Oneida County Clerk’s Office the same day in Book of Deeds No. 874 at page 141, and running thence westerly along said highway 100 ft. to a stake; thence northerly at right angles with said highway 250 ft. to a stake; thence easterly and parallel with said highway 100 ft. to a stake and thence southerly at right angles with said highway 250 ft. to the place of beginning, being a part of the premises conveyed by Evan Thomas to Owen E. Thomas
by deed dated January 24, 1910, and recorded in the Oneida County Clerk’s Office February 1, 1910, in Book of Deeds No. 656 at page 240.
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SUBJECT to the restrictions and conditions contained in a deed from Harold E. Thomas, as Executor, to Louis K. and Marja K. Bienkowski dated July 1, 1942, and recorded in the Oneida County Clerk’s office on March 1, 1943, in Book of Deeds l023 at page 495, and further subject to a right of way given by Owen E. and Elizabeth Thomas to Utica
Gas & Electric Co. by deed dated June 12, 1920 and recorded in the Oneida County Clerk’s office on April 7, 1922 in Book of Deeds 802 at page 457.
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.
Upon roll call, the Board members voted as follows:
Councilman Waszkiewicz - Aye
Councilman Woodland - ABSENT
Councilman Reynolds - Aye
Councilman Payne - Aye
Supervisor Reed - ABSENT.
Thereafter, Local Law Introductory “B” of 2007 was declared unanimously carried and duly ADOPTED as Local Law No. Three of 2007.
The Town Clerk had contacted Board of Assessment Review member Edward Goggin who stated he would be interested in re-appointment to a five-year term when his current appointment expires on September 30, 2007.
Warranty on the following computer hard-drives will expire in October 2007 and DELL has quoted a total of Four Hundred Seventy-six Dollars ($476.00) for two-year extended warranties:
Bookkeeper Carol Fairbrother has confirmed there are sufficient monies in Account AA1670.41, Maintenance Agreements, to pay for this non-budgeted item. Thereafter,
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Councilman Payne offered the following Resolution for adoption; seconded by Councilman Waszkiewicz:
(RESOLUTION NO.
178 OF 2007)
RESOLVED that the New Hartford Town Board does hereby authorize two-year warranty extensions for the following computer hard-drives at a total cost of $476.00:
Service New Extended
Service Model Contract Start Warranty
Tag No. Expires Date Expires
2GM8X51 OptiPlex GX280 10/22/2007 10/23/2007 10/21/2009
9GM8X51 OptiPlex GX280 10/22/2007 10/23/2007 10/21/2009
8CNXX51 OptiPlex GX280 10/26/2007 10/27/2007 10/25/2009
DCNXX51 OptiPlex GX280 10/26/2007 10/27/2007 10/25/2009
with the expense to be paid from General Fund Whole-Town Account No. AA1670.41, Maintenance Agreements.
Councilman Waszkiewicz - Aye
Councilman Woodland - ABSENT
Councilman Reynolds - Aye
Councilman Payne - Aye
Supervisor Reed - ABSENT.
The Resolution was declared unanimously carried and duly ADOPTED.
On July 30, 2007 the Town Clerk had forwarded copies to the Town Board, Codes Enforcement Officers and Town Planner of Young-Duck Ahn’s request for a Zone Text Amendment to allow convenience stores as a permitted use within the Planned Highway Business (PHB) Districts. The Codes Officers responded that the Town’s Comprehensive Plan took into account all feasible uses for a PHB Zone and gasoline stations were not considered to be a suitable use for this zone and that the PHB zone was created to mimic the guidelines of a Professional Office (PO) zone with some latitude toward vacant or larger parcels; they also referred to the May 7, 2003 Town Board minutes where a similar but not identical use was suggested and defeated. Planner Schwenzfeier concurred with the Codes Enforcement Officers. Thereafter, the following
Resolution was introduced for adoption by Councilman Waszkiewicz and duly seconded by Councilman Payne:
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(RESOLUTION NO.
179 OF 2007)
WHEREAS, Young-Duck Ahn had filed an application with the Town Clerk on July 30, 2007 for a Zone Text Amendment to allow convenience stores as a permitted use within the Planned Highway Business Districts (PHB); and
WHEREAS, the Town Planner and Codes Enforcement Officers have reviewed said Zone Text Amendment Application;
NOW, THEREFORE, BE IT RESOLVED that the Town Board of the Town of New Hartford does hereby refer the application of Young-Duck Ahn to the Oneida County Planning Department and to the Town Planning Board for their review and written recommendation pursuant to General Municipal Law and the Town’s Zoning Law and does further request that the Town Planning Board declare itself as Lead Agency for the State Environmental Quality Review Act (SEQR).
Upon roll call, the Town Board voted as follows:
Councilman Waszkiewicz - Aye
Councilman Woodland - ABSENT
Councilman Payne - Aye
Councilman Reynolds - Aye
Supervisor Reed - ABSENT.
The Resolution was declared
unanimously carried and duly ADOPTED.
Upon request of the Town Clerk-Registrar, Councilman Waszkiewicz offered the following Resolution for adoption; seconded by Councilman Payne:
(RESOLUTION NO.
180 OF 2007)
A roll call vote ensued:
Councilman Waszkiewicz - Aye
Councilman Woodland - ABSENT
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