REGULAR MEETING OF THE TOWN BOARD OF

THE TOWN OF NEW HARTFORD, NEW YORK, HELD

AT BUTLER MEMORIAL HALL, IN SAID TOWN ON

WEDNESDAY, DECEMBER 12, 2007 AT 6:00 P.M.

                                                                                                                                                       

Supervisor Reed 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

                                                     Councilwoman Christine G. Krupa

     Councilman David M. Reynolds

                                                     Councilman Richard B. Woodland, Jr.

                                                     Supervisor Earle C. Reed

 

OTHER TOWN OFFICIALS:  Assessor Paul E. Smith

      Attorney Gerald J. Green

      Codes Enforcement Officer Joseph A. Booth

      Director of Senior Services M. Eileen Spellman

      Highway Superintendent Roger A. Cleveland                         

      Personnel Technician II Barbara Aiello

      Planner Kurt Schwenzfeier

      Police Chief Raymond L. Philo

      Town Clerk Gail Wolanin Young

     

Thereafter, a quorum was declared present for the transaction of business. 

 

MINUTES APPROVAL

 

November 20, 2007 Town Board Meeting

Councilman Reynolds introduced the following Resolution for adoption, seconded by Councilwoman Krupa:

 

(RESOLUTION NO. 285 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 November 20, 2007 and does further waive the reading of the same.

 

Upon roll call, the Board members voted as follows:

 

Councilwoman Krupa -            Aye

Councilman Reynolds                      -            Aye

Councilman Woodland            -            Aye

Councilman Payne               -            Aye

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                                      Supervisor Reed                  -             Aye.

 

The Resolution was declared unanimously carried and duly ADOPTED.

 

PUBLIC PRESENTATION

 

Audit – Willowvale Fire Company, Inc.

Walter Dluginski stated that since the Willowvale Fire Company’s pension plan went through [Special Town Election on December 11, 2007] and they don’t account for any of their funds – incoming or outgoing – it’s the right of the Town Board to call for an audit of the Fire Company’s books and determine where the Fire Company stands with regard to the two (2) fire stations and whether they’ve been sold, to whom, for how much and whether for market value.  Mr. Dluginski asked that the Town Board contact the State for an audit.  Supervisor Reed responded that the Washington Mills fire station had been sold to John Strachen [Claim Masters] for Seventy-five Thousand Dollars ($75,000) but the status of the former Oneida Street facility in Chadwicks is unknown at this time.  The Town Supervisor will contact Mr. Dluginski with his findings.

 

PUBLIC HEARING

 

6:03     P.M.                Local Law Introductory “C” of 2007

                                    Code, Chapter 118; permit fees

 

The Town Supervisor opened the Public Hearing at 6:03 P.M.; the Town Clerk had the following documents available:

 

·        Notice of Public Hearing and Local Law Introductory “C”

·        Affidavit of Posting

·        Proof of Publication (November 26, 2007 edition of the Observer Dispatch). 

·        NO RECOMMENDATION AS TO FINAL ACTION from the Oneida County Planning Department (no significant County-wide or inter-community impacts have been identified with this proposal)

·        Recommendation of approval from the Town Planning Board

 

The purpose of the Hearing is to offer the public an opportunity to speak in favor of, in opposition to, or to comment upon Local Law Introductory “C” which, if adopted, would amend Chapter 118 of the Town Code, providing updated permit fees for residential and commercial activity such as Building Permits, Demolition Permits, re-inspection fees, zoning variances, and the like.

 

The Town Supervisor inquired whether anyone present wished to speak in favor of the proposed legislation; not hearing anyone, Supervisor Reed asked if there were anyone

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wishing to speak in opposition to or to comment upon the matter.  No one having come forth, the Public Hearing was declared closed at 6:06 P.M.

 

SEQR – Negative Declaration

Councilman Reynolds then introduced the following Resolution, seconded by Councilman Woodland:                    

 

(RESOLUTION NO.  286 OF 2007)

 

RESOLVED that the Town Board of the Town of New Hartford, as Lead Agency in the matter of updating permit fees in the Code, Chapter 118 (Zoning), submitted by the Town Codes Department, does hereby unanimously adopt the determination and findings set forth in the Negative Declaration (SEQR), Notice of Determination of Non-Significance, which has been filed in the Town Clerk’s Office.

 

Upon roll call, the Town Board voted as follows:

 

Councilwoman Krupa -            Aye

Councilman Reynolds                      -            Aye

Councilman Woodland            -            Aye

Councilman Payne               -            Aye

                                       Supervisor Reed                   -          Aye.

 

The Supervisor declared the Resolution unanimously carried and duly ADOPTED.

 

Adoption of Local Law Introductory “C” of 2007 as Local Law No. Five of 2007

Councilwoman Krupa moved that Local Law Introductory “C” be adopted as Local Law No. Five of 2007 in the following format; seconded by Councilman Woodland:

 

Town of New Hartford, New York

Local Law No. Five of 2007

                                   

A Local Law to amend the Code of the Town of New Hartford, Chapter 118 thereof entitled ZONING, and specifically Article XV [Miscellaneous Provisions], Section 118-93 [Fees], Subparagraphs C. through E., inclusive, as same relate to building permits, miscellaneous permit fees, re-inspection fees, and zoning fees.

 

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, Article XV [Miscellaneous Provisions], Section 118-93 [Fees] is hereby amended as follows:

 

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Replace the existing like categories in Paragraph C. [Issuance of building permits] through Paragraph E. [Application to Zoning Board of Appeals] with the following revisions and additions:

           

  1. Issuance of building permits

(1)  Residential

       One- or two-family residences                                           $0.26 per sq.ft.

       Attached garages                                                             $0.15 per sq.ft.

 

       Multi-family residences (apartments, condominiums,

    townhouses – zero lot lines)                     $0.30 per sq.ft

                              

                   Additions (residential)                                                       Minimum $50.00 plus

                                                                                                            $0.15 per sq.ft.

                                                                                                             

(2)    Commercial (is any occupancy other than an

R type)                                             $0.33 per sq.ft. for

                                                first 50,000 sq.ft.

                                                of building area;

$0.25 per sq.ft. for

                                                any remaining

                                                                                                            portion of building

                                                                                                            area up to 100,000

                                                                                                            sq.ft; and

                                                                                                            $0.16 per sq.ft. for

                                                                                                            any remaining

                                                                                                            portion of building

                                                                                                            area over 100,000

                                                                                                            sq.ft.

           

                        (a)  Interior renovations                                           $250 minimum, or

                                                                                                            $0.25 per sq.ft.

                       

(b)    Detached accessory buildings and            $30 minimum or

Structures                                    $0.25 per sq.ft.

                                                   

            (3)  In any situation, where work is started before a building permit is issued, the

                   application fee is doubled.

 

            (4)  All building permits expire one (1) year from the date of issue.  Renewal

       for one (1) year is 25% of the original permit fee.

 

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       D.  Miscellaneous

(1)    Demolition Permits:

a.)  Residential buildings                       $100.00

b.)  Commercial buildings                  $200.00

 

             (3)  Signs                                                                            Minimum of $45

                                                                                                            plus $1 per sq.ft.

                                                                                                            of face area

 

(4)    Open decks:

a.)  Up to and including 150 sq.ft.            $  25.00 minimum

b.)  Over 150 sq.ft.                      $  10.00 for

                                        each additional

                                          100 sq.ft. or part

                                                                                                            thereof

 

             (5)  Commercial tents (temporary; 20 days maximum)            $100.00

                    No charge for tents associated with residential

                    occupancies

 

(12)    Re-inspection fees                   

(a)    Amount.

[1]  First inspection                        $75.00

[2] Second inspection                        $75.00

[3] Third inspection                        $75.00

 

  1. Application to Zoning Board of Appeals

(1)  Application for Area Variances:

a.)  Residential, one- and two-family               $100.00

b.)   Multiple dwellings and other non-

residential uses                                                            $240.00

                  c.)  Interpretations                                                             $  40.00

 

            (2)  Application for Use Variances (all uses)                                   $300.00

 

SECTION 2.  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 3.  This Local Law shall become effective January 1, 2008.

 

 

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A roll call vote ensued:

 

Councilwoman Krupa -            Aye

Councilman Reynolds                      -            Aye

Councilman Woodland            -            Aye

Councilman Payne               -            Aye

                                       Supervisor Reed                   -          Aye.

 

The Supervisor declared Local Law Introductory “C” unanimously carried and duly ADOPTED as Local Law No. Five of 2007.

 

REPORTS OF TOWN OFFICIALS

 

Assessor:

 

Appointment – 2nd Real Property Tax Service Aide

Upon recommendation of the Assessor, the following Resolution was introduced for adoption by Councilman Payne and duly seconded by Councilman Reynolds:

 

(RESOLUTION NO. 287 OF 2007)

 

RESOLVED that the New Hartford Town Board does hereby provisionally appoint Margaret M. Jones to fill the second position of Real Property Tax Service Aide in the Assessor’s Office, effective Monday, December 17, 2007 at an hourly wage of Thirteen Dollars and Seventy-four Cents ($13.74) in accordance with the Highway Department union contract, payable bi-weekly. 

 

Whereupon, the Town Board voted upon roll call:

 

                                    Councilwoman Krupa              -            Aye

                                    Councilman Reynolds               -            Aye

                                    Councilman Woodland            -            Aye

                                    Councilman Payne                    -            Aye

                                    Supervisor Reed                      -            Aye.

 

The Resolution was then declared unanimously carried and duly ADOPTED.

 

Director of Senior Services:

 

Appointment – Substitute Bus Driver

Upon recommendation of Senior Services Director Eileen Spellman, the following Resolution was introduced for adoption by Councilman Woodland and duly seconded by Councilman Payne:

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(RESOLUTION NO. 288 OF 2007)

 

RESOLVED that the New Hartford Town Board does hereby appoint Robin Wheatley as a Substitute Bus Driver for the New Hartford Adult Dining and Activity Center, effective Monday, December 17, 2007 at an hourly wage of Eleven Dollars and Sixty-nine Cents ($11.69), payable bi-weekly. 

 

The Town Board voted upon roll call:

 

                                    Councilwoman Krupa              -            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:

 

Authorization for Competitive Bid –  Skid Steer Loader & attachments

Upon request of Parks and Recreation Director Michael Jeffery, Councilman Payne presented the following Resolution and moved its adoption, which was seconded by Councilman Reynolds:

 

(RESOLUTION NO. 289 OF 2007)

 

RESOLVED that the New Hartford Town Board shall receive sealed bids for the purchase of one (1) new skid steer loader and attachments, 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 Tuesday, January 8, 2008 and then shall be publicly opened and read aloud at 11:00 A.M. on said date and in said Office; and be it

 

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.

 

The Town Board voted upon roll call as follows:

 

                                    Councilwoman Krupa              -            Aye

                                    Councilman Reynolds               -            Aye

                                    Councilman Woodland            -            Aye

                                    Councilman Payne                    -            Aye

                                    Supervisor Reed                      -            Aye.

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The Resolution was then declared unanimously carried and duly ADOPTED.  This equipment will be purchased through a Grant Member Item the Town has received.

 

Edmund Wiatr, Jr. questioned if the skid steer loader was the same type of equipment as the Bobcat owned by the Highway Department.  Director Jeffery explained that the Highway Department’s Bobcat has an 82” width with the bucket whereas the equipment he is proposing has a 60” width, the latter of which is desirable so as not to tear up lawns; further, the Parks and Recreation Department has a year-round need for the type of equipment being advertised. 

 

Highway Superintendent:

 

Sales of Surplus Property

The Highway Superintendent reported that Truck 72, a 1999 International, had been sold on e-Bay.  Thereafter, the following Resolution was introduced for adoption by Councilman Payne and duly seconded by Councilman Reynolds:

 

(RESOLUTION NO. 290 OF 2007)

 

RESOLVED that the New Hartford Town Board does hereby accept the $7500 bid submitted on e-Bay by Norman Gaumer for the purchase of one (1) surplus 1999 International Dump Truck, Model 470, VIN 1HTSCAAL4XH667487 and does further authorize and direct the Town Supervisor to execute Section 1 – Transfer by Owner on the Certificate of Title for said vehicle.

 

Upon roll call, the Board voted as follows:

 

Councilwoman Krupa                        -            Aye

                                    Councilman Reynolds               -            Aye

                                    Councilman Woodland            -            Aye

                                    Councilman Payne                    -            Aye

                                    Supervisor Reed                      -            Aye.

 

The Supervisor declared the Resolution unanimously carried and duly ADOPTED.

 

Declaration of Surplus Vehicles – Authorization to Sell

Upon request of the Highway Superintendent, the following Resolution was offered for adoption by Councilman Payne and duly seconded by Councilman Reynolds:

 

 

 

 

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(RESOLUTION NO. 291 OF 2007)

 

RESOLVED that the Town Board of the Town of New Hartford does hereby declare as surplus one (1) 2000 Ford Crown Victoria, VIN 2FAFP71WOYX175644, former Police Department vehicle having mileage of 126,800, Plate No. K-32067;

 

and be it

 

FURTHER RESOLVED that the aforesaid vehicles shall be placed for sale on e-Bay and once sold, the Town Clerk’s office shall be notified and shall arrange to terminate insurance coverage on said vehicle.

 

The foregoing Resolution was voted upon by roll call as follows:

 

Councilwoman Krupa                        -            Aye

                                    Councilman Reynolds               -            Aye

                                    Councilman Woodland            -            Aye

                                    Councilman Payne                    -            Aye

                                    Supervisor Reed                      -            Aye.

 

The Supervisor declared the Resolution unanimously carried and duly ADOPTED.

 

Inter-municipal Agreement - Fuel

Upon the recommendation of the Highway Superintendent, Councilman Reynolds presented the following Resolution for adoption; seconded by Councilman Woodland:

 

(RESOLUTION NO. 292 OF 2007)

 

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 the renewal of an Inter-municipal Fuel Agreement between the Town of New Hartford and the Willowvale Fire Co., Inc. wherein the Town will provide fuel to said Fire Company; the cost of which will be billed to the Willowvale Fire Co., Inc.

 

Highway Superintendent Cleveland stated that Attorney Green had reviewed the Agreement.  Upon roll call, the Board members voted as follows:

 

Councilwoman Krupa                        -            Aye

                                    Councilman Reynolds               -            Aye

                                    Councilman Woodland            -            Aye

                                    Councilman Payne                    -            Aye

                                    Supervisor Reed                      -            Aye.

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The Supervisor declared the Resolution unanimously carried and duly ADOPTED.  [NOTE:  This is a duplication of Resolution No. 273 adopted November 20, 2007.]

 

Deer Crossing Sign

Highway Superintendent Cleveland reported that with the opening of the NYS Route 840 (Judd Road connection) deer have created a new crossing on New Hartford Street; a safety concern expressed by New Hartford Street residents.  Therefore, Councilman Payne offered the following Resolution for adoption; seconded by Councilwoman Krupa:

 

(RESOLUTION NO. 293 OF 2007)

 

RESOLVED that the New Hartford Town Board does hereby authorize and direct the Highway Department to install Deer Crossing signs on New Hartford Street as a means of advising the traveling public about the consistent crossing of deer in the vicinity of 91 New Hartford Street.

 

A roll call vote ensued:

 

Councilwoman Krupa                        -            Aye

                                    Councilman Reynolds               -            Aye

                                    Councilman Woodland            -            Aye

                                    Councilman Payne                    -            Aye

                                    Supervisor Reed                      -            Aye.

 

The Supervisor declared the Resolution unanimously carried and duly ADOPTED.

 

Shared Municipal Services Grant Application

Upon presentation by the Highway Superintendent, the following Resolution was introduced for adoption by Councilman Payne and duly seconded by Councilman Woodland:

 

(RESOLUTION NO. 294 OF 2007)

 

WHEREAS, the Oneida-Herkimer-Madison BOCES is desirous of studying and planning for a shared transportation facility with maintenance capabilities for use by component district and municipal agencies; and

 

WHEREAS, through ongoing collaborative meetings between the Oneida-Herkimer-Madison BOCES and its component school districts, and the Town of New Hartford and the Villages of New Hartford and New York Mills, the municipalities have determined that it is in the best interest of all municipalities to conduct a feasibility study to assess developing and operating a shared municipal repair and maintenance facility; and

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WHEREAS, the maximum amount of the grant to be applied for is between $65,000 and $85,000; and

 

WHEREAS, the Oneida-Herkimer-Madison BOCES shall provide the required 10% local share; and

 

WHEREAS, the Town understands that Oneida-Herkimer-Madison BOCES has authorized Howard Mettelman, BOCES District Superintendent, to submit an application to the Shared Municipal Incentive Grant Program for the 2007-2008 Program year, and that Mr. Mettelman or his designee shall execute all financial and/or administrative processes relating to the grant program; and

 

WHEREAS, the Project Title shall be:  Planning Grant For Transportation Facility; and

 

WHEREAS, Co-applicants shall include the twelve component school districts of the Oneida-Herkimer-Madison BOCES, the Town of New Hartford, and the Villages of New Hartford and New York Mills, and other legislators, government officials and groups involved in transportation;

 

THEREFORE BE IT RESOLVED, that based on the understanding of the preceding WHEREAS’ and its agreement with those statements, that the Town of New Hartford is desirous of studying and planning for a shared transportation – municipal repair – maintenance facility for use by municipal entities and component districts of the Oneida-Herkimer-Madison BOCES; and

 

RESOLVED, that the Town of New Hartford does support this initiative and does authorize the Town of New Hartford to be a Co-applicant to a Shared Municipal Services Incentive Grant Program 2007-2008 application to be known as Planning Grant for Transportation Facility, as submitted by Howard Mettelman, District Superintendent for the Oneida-Herkimer-Madison BOCES; and

 

RESOLVED, that the New Hartford Town Board does encourage soliciting letters of support from all levels of government for this worthwhile study.

 

The question of the adoption of the foregoing Resolution was duly put to a vote on roll call, which resulted as follows:

 

Councilwoman Krupa -            Aye

Councilman Reynolds                      -            Aye

Councilman Woodland            -            Aye

Councilman Payne               -            Aye

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                                       Supervisor Reed                   -          Aye.

 

The Resolution was declared unanimously carried and duly ADOPTED.

 

Highway Law, Section 284 Form

Upon request of the Highway Superintendent, Councilman Reynolds offered the following Resolution for adoption; seconded by Councilman Payne:

 

(RESOLUTION NO. 295 OF 2007)

 

RESOLVED that, pursuant to the provisions of Section 284 of the Highway Law, the Town Board and Highway Superintendent do hereby agree that moneys levied and collected for the repair and improvements of highways, and received from the State or other sources for the repair and improvement of highways, shall be expended as follows in fiscal year 2008:

 

1.      GENERAL REPAIRS (5110 and 5120):  The sum of $1,022,472 may

be expended for general repairs upon eighty-one (81) miles of Town highways, including sluices, culverts and bridges having a span of less

than five (5) feet and boardwalks or the renewals thereof.