REGULAR MEETING OF THE TOWN BOARD OF

THE TOWN OF NEW HARTFORD, NEW YORK,

HELD AT THE KELLOGG ROAD COMMUNITY

CENTER BUILDING, IN SAID TOWN ON WEDNESDAY,

JULY 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 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:  Codes Enforcement Officer Joseph A. Booth

                                                      Highway Superintendent Roger A. Cleveland

                                                      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.

 

PART-COUNTY SEWER DISTRICT – STORMWATER INFILTRATION

Supervisor Reed acknowledged that the New York State Department of Environmental Conservation and Oneida County Executive Anthony Picente had signed a Consent Order, which will allow projects in the Town to proceed and therefore, allow economic development to proceed.

 

PUBLIC HEARING

 

6:01 P.M.                                            Local Law Introductory “B” of 2007 – Zone Map

                                                            Amendment Request

 

The Town Clerk opened the Public Hearing at 6:01 P.M., announcing that the purpose of the Hearing was to offer citizens an opportunity to speak for, against, or to comment upon Local Law Introductory “B” of 2007 which, if adopted would amend the Town’s 1999 Zoning Law and Map from MDR (Medium Density Residential) to PDI (Planned Development Institutional) for property owned by P H & S Property Management, said parcel at 180 Clinton Road (aka NYS Route 12B), further identified as Tax Map Parcel

No. 328.000-2-73.  P H & S Property Management has requested the rezoning to allow

operation of their corporate offices at this location.  The Notice of Public Hearing, Proof of Publication (June 26, 2007 edition of the Observer Dispatch) and Affidavit of Posting were available.

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Town Clerk Young gave the following overview:

 

 

The public was then invited to speak on the matter of the rezoning:

 

 

 

Supervisor Reed, Councilman Woodland [affirmed the removal of trees leaves “..a hole between the properties”], Planner Schwenzfeier and Codes Enforcement Officer Joseph Booth will meet with Executive Director Raymond Garrett to address these deficiencies.  Supervisor Reed stated that the Zone Map Amendment application is for the corporate

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offices only and has no impact on Preswick Glen, nor the Town’s tax issue with Preswick Glen.

 

In response to Councilman Reynolds’ question if the Presbyterian Home had been somewhat responsive to the Carharts’ concerns, Mrs. Carhart replied “… in letters, yes, but that’s it.”  Planner Schwenzfeier acknowledged that the Carharts have some problems with time and dust and everytime Mrs. Carhart calls him, the Planner has contacted Mr. Garrett and the contractors and has written letters.  Tomorrow morning, they need to know they have a written agreement with the Town and must adhere to the Pre-Development Agreement, said the Planner.  Councilman Payne inquired if this would be a police issue or a codes issue; Planner Schwenzfeir thought it might possibly be a police matter, disturbing the peace.  Police Chief Philo believed it is more of a breach of agreement and thought that some type of action like pulling their permits might be in order.

 

 

 

The Town Planner stated that P H & S Property Management has no plans to change the house, they only want to relocate their corporate offices; and that as long as they don’t make any changes outside the road right-of-way, no driveway permit is required from the NYS Department of Transportation.  The property has been purchased by P H & S Property Management, a division of the Presbyterian Home, therefore, the building would remain on the assessment/tax rolls because it’s offices, according to the Planner.  The Planned Development Institutional [PDI] classification allows the Planning Board to make stipulations on the property and the PDI classification is an extension of the adjoining property classification, therefore eliminating “spot zoning.” 

 

There being no one further to speak in the matter, the Supervisor declared the Public Hearing closed at 6:21 P.M.

 

Action – Local Law Introductory “B” of 2007

The following Resolution was offered for adoption by Councilman Reynolds and duly seconded by Councilman Woodland;

 

 

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(RESOLUTION NO. 146 OF 2007)

 

RESOLVED that the New Hartford Town Board does hereby table action on Local Law Introductory “B” of 2007 until the August 8, 2007 Town Board meeting, at which time it is expected that concerns expressed at the July 11, 2007 Public Hearing have been addressed and a meeting has been held among Town representatives and the Preswick Glen Construction Manager.

 

Upon roll call, the Board members voted as follows:

 

Councilman Waszkiewicz          -           Aye

Councilman Reynolds               -           Aye

Councilman Woodland -           Aye

Councilman Payne                    -           Aye

Supervisor Reed                       -          Aye.

 

The Resolution was declared unanimously carried and duly ADOPTED

 

PUBLIC PRESENTATIONS

 

Corr Family’s Acknowledgement of Support

David and Kathy Corr, parents of the late New Hartford Police Officer Joseph Corr, together with their daughters, acknowledged the support their family has been given over the past year and a half since Joe’s death on February 27, 2006.  In appreciation, the Corr family presented a plaque, with a replica of Joe’s police vehicle, to Police Chief Philo and to the Town Board.

 

MINUTES APPROVAL

                                                                                                                                               

June 13 and June 28, 2007 Town Board Minutes

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

 

(RESOLUTION NO.  147 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 June 13,2007 and the minutes of the Special Town Board meeting held June 28, 2007 and does further waive the reading of the same.

 

Upon roll call, the Board members voted as follows:

 

                                    Councilman Waszkiewicz          -           Aye

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Councilman Reynolds               -           Aye

Councilman Woodland -           Aye

Councilman Payne                    -           Aye

Supervisor Reed                       -          Aye.

 

The Resolution was declared unanimously carried and duly ADOPTED.

 

PUBLIC PRESENTATIONS (Cont’d)

 

Willowvale Fire – Proposed Service Award Program

Robert Urtz of Bailey, Haskell & LaLonde, gave an overview of the Service Award Program benefit for active firefighters of the Willowvale Fire Co. who meet the requirements of the NYS Service Award Program as it pertains to the Volunteer Firefighter.  The Program can provide tangible recognition to the Volunteer for his/her years of dedicated community service and is designed to allow the Sponsor to fund for and accumulate assets to provide for a future benefit.  This is a Defined Benefit [DB] proposal which utilizes an actuarial cost method that assumes active participation by each member named to ultimately provide these program benefits.  This program provides financial support to recruit new members and keep existing members.  The Willowvale Fire Company has chosen a 65-year entitlement age.  The Service Award Program is subject to mandatory referendum, to be approved by registered voters in Fire District No. 4.  If the Town Board decides to proceed, a Resolution must be adopted by a 2/3’s vote and the special election held within 30 to 45 days of adoption of the Resolution. 

 

Mr. Urtz then reviewed:

·        Point Categories – training courses, meetings, fire drills, etc. for volunteers to earn points

·        Prior Service Credit – can buy back 5 years

·        Options – death or disability

·        Vesting schedule – total of 5 years

·        Minimum/maximum amounts to contribute annually

 

Those who would need to be involved in the program would be Damien Ulatowski and Robert Urtz of Baily, Haskell & LaLonde as well as the Town Attorney and the actuary.

 

Mr. Urtz presented the Resolution for the Board’s action, indicating that the Willowvale Fire Company would like to have the special election on September 11, 2007; however,

the Town Clerk had some concerns noting that the Oneida County Board of Elections now owns all former town voting machines, that she would have to work with the Assessor’s Office and County Board of Elections to obtain a list of eligible voters and street addresses.  Further, due to the workload at the Board of Elections from July to

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November including Primary and General Elections, the Town Clerk needs to contact that agency to determine if they can meet the Town’s needs.  Mr. Urtz stated that a public hearing is not required but can be held; Bailey, Haskell & Lalonde had worked with the Villages of New Hartford and Whitesboro, the Town of Frankfort and the Maynard Fire Department to implement Service Award Programs.  After some discussion, it was agreed the Town Clerk would contact the Oneida County Board of Elections and the matter would be placed on the Agenda for the August 8, 2007 Town Board meeting.

 

Time Warner Cable:

 

Linda Henry, General Manager – East Region/Syracuse Division of TIME WARNER CABLE was present to respond to a number of questions after Town  Attorney Gerald Green had reviewed the current Franchise Cable Television agreement, dated December 2001:

 

Q, What is the nature and extent of cable coverage in the Town:

 

R.  At the time the franchise was signed, the only areas not cabled were sections of

     Sessions and Mallory Road.  Since then, those areas were completed as promised.

     Any new build since the franchise was signed will be built according to the

     Standards outlined in the franchise agreement.  If there are areas of interest that

     The Town is aware of, please let us know and we will schedule a survey asap.

     The entire town was built, as promised by Adelphia, to 860 Mhz.  Time Warner

     Upgraded even further to 1 gig after the purchase of the Adelphia systems last

     year.

 

Q.  Has a copy of Time Warner’s liability insurance coverage indemnifying the Town

     been presented for review and approval?  Has proof of Worker’s Compensation

     coverage also been provided:

 

R.  Time Warner assumed the insurance coverage responsibility as outlined in the

      franchise agreement.  In case you don’t have an official copy from Time Warner,

      I obtained an updated copy and have it with me tonight.

 

Q.  A franchise fee of 5% of Time Warner’s gross revenues, less any amount paid to

      Commission, is due the Town on a quarterly basis.  Have these monies been paid?

      If so, has anyone from the Town ever verified the amounts paid?

 

R.  Yes, Time Warner has paid a total of $159,505.20 since the change in ownership

       last August 2006.  Ms. Henry recalled the last time specifics were requested from

       Councilman Waszkiewicz in March 2004 and she supplied him with the information

       he requested.  I would have to ask you if someone from the Town has verified the

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      amounts paid recently.  However, Ms. Henry assured the Board these payments are

      monitored very closely by Time Warner to make sure the company is in compliance.

 

Q.  Has the statutory maximum franchise fee been increased under federal law?  If so,

      then the Town is authorized to increase the franchise fee.

 

R.  No, the fee has not been increased under federal law; Time Warner agrees with the

      statement that followed to the extent outlined in the franchise agreement, which

      allows a maximum of 7% should the federal law approve it to that percentage.

 

Q.  This franchise may not be sold or transferred without the written consent of the

      Town.  Was this consent given by the Town?

 

R.  The Town of New Hartford was notified of the purchase of Adelphia by Time

     Warner in a letter from Executive Vice President, Mr. Barry Rosenblum, dated

     June 10, 2005.  Then Town Attorney, Vincent Rossi, responded in a letter dated

     July 25, 2005 noting concern about completion of Town wiring.  Adelphia

     Attorney Tom Wilson responded in a letter dated August 1, 2005, referring to

     an extension which has now been completed – all extension requirements have

     been fulfilled.  No response was received to Mr. Wilson’s letter and the approval

     process essentially timed out on the part of the Town to enter an objection to the

     transfer of ownership.

 

Q. Under what conditions can Time Warner increase cable charges to Town

     Customers?  By what agency or authority are cable rates otherwise regulated?

 

R.  Time Warner’s monthly charges are unregulated under federal law except for

      their charges for the lowest level basic cable service and the equipment used

      to receive the basic service.  Those rates are subject to regulation by the

      franchising authority, but the rate formulas are set by the FCC.  As a side note,

      please keep in mind that Time Warner could have introduced a rate increase in

      October 2006 – which is when an Adelphia increase would have take place had

      they remained the owners.  Time Warner opted to wait an additional six months –

      or a total of 18 months – until the system was fully upgraded to 1 gig (more than

      860 Mhz promised and fulfilled in the franchise agreement).  With the upgrade,

      Time Warner added many additional channels, Video On Demand, digital

      Telephone service.  With that came the capability to have customers bundle

      their services – a great value on each service as part of that bundled package.

 

Q.  Adelphia offered to assist with the filming of an occasional Town Board meeting.

      Does this offer still stand with Time Warner?

 

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R.  Time Warner agrees as long as personnel is available and it will not adversely

      affect the operation of Time Warner’s business.

 

Q.  Adelphia also offered to assist the Town with Christmas decorations.  Does this

      offer still stand with Time Warner?

 

R.  Time Warner agrees as written – if manpower is available and not jeopardizing

      the appropriate operation of Time Warner’s business or service to its customers,

      Time Warner will assist with Christmas decorations in the Town of New Hartford.

      Time Warner will only conduct this assistance if the Town can provide a

      Certificate of Insurance indemnifying both the Town and Time Warner against

      any injuries or claims as a result of such assistance.

 

REPORTS OF TOWN OFFICIALS

 

Parks and Recreation Director:

 

Appointment – Seasonal Parks & Recreration Employee

Upon recommendation of the Parks and Recreation Director, the following Resolution was offered for adoption by Councilman Waszkiewicz and duly seconded by Councilman Reynolds:

 

(RESOLUTION NO. 148 OF 2007)

 

RESOLVED that the New Hartford Town Board does hereby appoint Timothy Newman as a Seasonal Bus Driver for the 2007 Summer Recreation Program at the hourly wage of Eleven Dollars and Sixty-seven Cents ($11.67), commencing July 12, 2007 and terminating at the close of said Summer Program. 

 

Whereupon, the Town Board voted upon roll call:

 

                                    Councilman Waszkiewicz          -           Aye

                                    Councilman Woodland -           Aye

                                    Councilman Reynolds               -           Aye

                                    Councilman Payne                    -           Aye

                                    Supervisor Reed                       -           Aye.

 

The Resolution was then declared unanimously carried and duly adopted.

 

Recreation Center Ice Rental Rates:

Upon recommendation of Parks and Recreation Director Michael Jeffery, Councilman Waszkiewicz introduced the following Resolution for adoption, seconded by Councilman Reynolds:

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(RESOLUTION NO. 149 OF 2007)

 

RESOLVED that the New Hartford Town Board does hereby establish the ice rental rates at the Recreation Center for the 2007-2008 season, as follows:

 

 

These rates represent a Three Percent (3%) increase.

 

The Town Board then voted upon roll call:

 

                                    Councilman Waszkiewicz          -           Aye

                                    Councilman Woodland -           Aye

                                    Councilman Reynolds               -           Aye

                                    Councilman Payne                    -           Aye

                                    Supervisor Reed                       -           Aye.

 

The Resolution was then declared unanimously carried and duly adopted

 

Highway Superintendent:

 

Award of Competitive Bid – Multi-Purpose Excavator

At the March 14, 2007 Town Board meeting the Highway Superintendent had asked that the Town Board withhold action on a bid received for a multi-purpose excavator until after the March 29, 2007 Special Election on a number of bond issues.  At the May 9, 2007 Board meeting, a Resolution was adopted authorizing the borrowing of moneys to pay for this equipment; however, the Town Clerk recently noticed that a Resolution to award the bid was overlooked.  Therefore, Councilman Payne introduced the following Resolution for adoption; seconded by Councilman Woodland:

 

(RESOLUTION NO. 150 OF 2007)

 

WHEREAS, the Town Superintendent of Highways did, on the 11th day of July, 2007, duly recommend the purchase of certain equipment pursuant to the provisions of Section 142 of the Highway Law;

 

NOW, THEREFORE, BE IT RESOLVED that 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) used 2007 Grad-all (multi-purpose excavator), VIN 0210017941, Model XL3100, from the sole bidder Vantage Equipment

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LLC, 5985 Court Street, Syracuse, NY l3206, as per Town specifications, for a maximum aggregate price of Two Hundred Seven Thousand Eight Hundred Dollars ($207,800), to be delivered immediately at the Sanger Public Works Garage, 111 New Hartford Street, New Hartford, New York.

 

A contract for the item(s) 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 item purchased, the Town Supervisor shall pay the amount of Two Hundred Seven Thousand Eight Hundred Dollars ($207,800) from the proceeds of obligations issued pursuant to the Local Finance Law.

 

Upon roll call, the Town Board voted as follows:

 

Councilman Waszkiewicz          -           Aye

Councilman Woodland -           Aye

Councilman Reynolds               -           Aye

Councilman Payne                    -           Aye

Supervisor Reed                       -           Aye.

 

The Supervisor declared the Resolution unanimously carried and duly ADOPTED.

 

Competitive Bid Results (Reject) – Pick-up Truck

Upon recommendation of the Highway Superintendent, the following Resolution was introduced for adoption by Councilman Reynolds and duly seconded by Councilman Waszkiewicz:

 

(RESOLUTION NO. 151 OF 2007)

 

WHEREAS, a Bid Opening was held on Tuesday, July 10, 2007 for the purchase of one (1) 2007 Pick-up Truck at which time only one (1) bid had been submitted; and

 

WHEREAS, the sole bid submitted by Don’s Ford, Inc., 5712 Horatio Street, Utica, NY 13502 was deficient in that:

 

 

 

 

 

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NOW, THEREFORE, BE IT RESOLVED that the New Hartford Town Board does hereby reject the sole bid submitted by Don’s Ford, Inc. based upon the aforementioned

reasons; and be it

 

FURTHER RESOLVED that the Town Board does hereby authorize and direct the re-advertisement to purchase one (1) 2008 Pick-up truck, color – white, with bids to be received in the New Hartford Town Clerk’s Office by 10:45 A.M. on Tuesday, August 7, 2007.  All bids shall be publicly opened on said date and place at 11:00 A.M.  The Town Clerk is hereby authorized to publish the legal requisite Invitation to Bid in the Observer Dispatch.

 

The foregoing Resolution was voted upon by roll call:

 

Councilman Waszkiewicz          -           Aye

Councilman Woodland -           Aye

Councilman Reynolds               -           Aye

Councilman Payne                    -           Aye

Supervisor Reed                       -           Aye.

 

The Supervisor declared the Resolution unanimously carried and duly ADOPTED.

 

Authorization for Preparation of Specifications and Competitive Bid - Sidewalks

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

 

(RESOLUTION NO. 152 OF 2007)

 

RESOLVED that the New Hartford Town Board does hereby authorize and direct the Town Supervisor to enter into and to execute an Agreement between the Town of New Hartford and Al Swierczek, P.E., the latter of whom will prepare the specifications for the 2007 Sidewalk Program, and incidentals thereto, at a cost not to exceed Twenty-nine Hundred Dollars ($2900); and be it

 

FURTHER RESOLVED that the said Town Board shall receive sealed bids for the 2007 Sidewalk Program, as per Town specifications, until 10:45 A.M. on Tuesday, August 7, 2007 in the New Hartford Town Clerk’s Office, 48 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

 

YET 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.

 

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A roll call vote ensued:

 

Councilman Waszkiewicz          -           Aye

Councilman Woodland -           Aye

Councilman Reynolds               -           Aye

Councilman Payne                    -           Aye

Supervisor Reed                       -           Aye.

 

The Supervisor declared the Resolution unanimously carried and duly ADOPTED.

 

Agreement for Snow & Ice Control on County Highways

Upon recommendation of the Highway Superintendent, the following Resolution was introduced for adoption by Councilman Waszkiewicz and duly seconded by Councilman Payne:

 

(RESOLUTION NO. 153 OF 2007)

 

RESOLVED that the New Hartford Town Board does hereby authorize and direct the Town Superintendent of Highways and the Town Supervisor to enter into and to execute an Agreement with the County of Oneida, by and through Dennis S. Davis, Deputy Commissioner, County Department of Public Works, 6000 Airport Road, Oriskany, New York, for the control of snow and ice on County Roads for the Snow Season dating from November 1, 2007 through April 30, 2008 and as more fully set forth in an Agreement on file in the New Hartford Town Clerk’s Office.  The Town will receive $4,000 per centerline mile for snow and ice removal.

 

The foregoing Resolution was duly put to vote upon roll call, which resulted as follows:

 

Councilman Waszkiewicz          -           Aye

Councilman Woodland -           Aye

Councilman Reynolds               -           Aye

Councilman Payne                    -           Aye

Supervisor Reed                       -           Aye.

 

The Supervisor declared the Resolution unanimously carried and duly ADOPTED.

 

Promotions – Highway Department

Upon recommendation of the Highway Superintendent, the following Resolution was introduced for adoption by Councilman Reynolds and duly seconded by Councilman

Waszkiewicz:

 

 

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(RESOLUTION NO. 154 OF 2007)

 

WHEREAS, the retirement of Richard Manuele in June 2007 has created a vacancy in the position of Heavy Equipment Operator (HEO);

 

NOW, THEREFORE, BE IT RESOLVED that the New Hartford Town B