REGULAR
MEETING OF THE TOWN BOARD OF
THE
TOWN OF NEW HARTFORD, NEW YORK,
HELD
AT MYLES ELEMENTARY SCHOOL,
90
CLINTON ROAD, IN SAID TOWN ON WEDNESDAY,
JUNE
13, 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: Assessor Paul E. Smith
Attorney Gerald J. Green
Codes Enforcement Officer Joseph A. Booth
Highway Superintendent Roger A. Cleveland
Parks and Recreation Director Michael Jeffery
Personnel Technician II Barbara Aiello
Police Lt. Timothy O’Neill
Planner Kurt Schwenzfeier
Telecommunicator Supervisor Jeffrey Madden
Town Clerk Gail Wolanin Young and
Deputy Town Clerk I Margaret M. Jones
Thereafter, a quorum was declared present for the transaction of business.
Councilman Reynolds introduced the following Resolution for adoption, seconded by Councilman Woodland:
(RESOLUTION NO.
111 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 May 9, 2007 and does further waive the reading of the same.
Upon roll call, the Board members voted as follows:
June 13, 2007
Page 2
Councilman Waszkiewicz - Aye
Councilman Reynolds - Aye
Councilman Woodland - Aye
Councilman Payne - Aye
Supervisor Reed - Aye.
The Resolution was declared unanimously carried and duly ADOPTED.
PRESENTATIONS
Certificate of Appreciation – Town Website:
In 2006 the
Town started to redevelop its web page and thought it was a good idea to
partner with New Hartford Central School; Councilman Payne noted that
interested student(s) could become involved in learning the interactions of a
website, contribute to the website while an alliance with the School, the Town
and private company were formed. A
Certificate of Appreciation was presented to Gregory Winn, the first student to
become involved, for his research, mapping the site, interviewing Department
Heads and working with Trainer Associates.
Also recognized and presented with a Certificate was Michael Monte, the
Technology Teacher for his contributions and efforts in this project.
Request for Proposal – Insurance Renewal
Robin Lowitz
and Chip Roe of Bailey Haskell & LaLonde, the only company to
submit a proposal on today’s deadline for insurance renewal, gave an overview
of their insurance proposal, noting there are only a handful of insurance
companies that write municipal insurance.
The current program with Arrowhead has made a new arrangement with
Firemen’s Fund Insurance Co., a brand new program equal to or better than
offered by Clarendon; Firemen’s has a better price and coverage, with premiums
down a couple thousand dollars since 2006.
Firemen’s also offers payment plans.
Chip gave a
brief synopsis from their Proposal, which would cover the period June 30, 2007
through June 30, 2008:
Page 6
- Property & Inland Marine
Coverages
Limits
of Insurance
Blanket
limit building and contents $6,580,089
Coverage
extensions now include earthquakes and
floods;
Building Ordinance or Law coverage to
bring
buildings up to Code
Agreed
amount (no co-insurance) Included
Special
causes of loss Included
Valuation Replacement
cost
Deductible $1,000
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TOWN BOARD MEETING
June 13,
2007
Page 3
[NOTE: The Town Board directed that coverage for
thirty-four (34) voting machines be eliminated from the Inland Marine Schedule
of Property inasmuch as said machines are now owned by Oneida County as a
result of changes in the State Election Law that became effective November
2005.]
Page 9 - General
Liability Coverage
Basically
premises and liability excluding police
Limits
of Insurance
General
Aggregate $2,000,000
Products/Complete
Operations Aggregate $2,000,000
Personal
and Advertising Injury Liability $1,000,000
Each
Occurrence Limit $1,000,000
Medical
Expense Limit $ 5,000
Damage to
Premises Rented to Insured $
500,000
Employee
Benefits Liability Aggregate
- Each Claim ($1,000 Deductible) $1,000,000
Deductible $2,500
Page 10 - Commercial
Auto Coverage
Limits
of Insurance
Auto
Liability $1,000,000/occurrence
Hired and
non-owned auto legal liability $1,000,000
Personal
Injury Protection Statutory
limits
Additional
PIP $ 100,000
Uninsured
motorist coverage $1,000,000
Underinsured
motorist coverage $1,000,000
Additional
coverage includes full glass for PPTs and others covered if repaired rather
than replaced, NY Mutual Aid Endorsement, Optional Basic Economic Loss; Airbag
coverage, hired auto physical damage, bail bonds, transportation expense,
personal effects, reimbursement of deductible-volunteer or employee and audio,
visual or electronic equipment. The
Town currently insures eighty-four (84) vehicles.
Page 11 - Owners
and Contractors Liability for People of the State of New York
Limit
Owners and
Contractors Protective Liability $1,000,000
per occurrence
$2,000,000
per aggregate
Requirement
by New York State because the Town plows some state roads.
Page 12 - Public
Officials Liability & Employment Practices Liability Coverages
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TOWN BOARD MEETING
June 13,
2007
Page 4
Public
Officials
Limits
of Insurance
Annual
Aggregate $2,000,000
Each
Wrongful Act $1,000,000
- Deductible $ 10,000
Covers
wrongful acts, negligence, decisions that are made. Defense is in addition to limits of liability. Full prior acts coverage for unknown incidents. Consent to settle included.
Employment
Practices
Limits
of Insurance
Annual
Aggregate $2,000,000
Each
Wrongful Act $1,000,000
- Deductible $ 10,000
.
Non-monetary
Defense - $15,000/suit; $30,000/policy period
Consent to
settle included. Full prior acts
coverage for unknown incidents
Back wages
coverage $ 10,000
Page 13 - Law
Enforcement Liability Coverage
Limits
of Insurance
Annual
Aggregate $2,000,000
Each
Occurrence Limit $1,000,000
- Deductible $ 5,000
Line of
Duty Death Coverage $ 50,000/officer
$ 100,000/policy period
Defense in
addition to limits; consent to settle included
Page 14 - Umbrella
Coverage
Limits
of Insurance
Amount per
occurrence $4,000,000
General
Aggregate* $4,000,000
*Applies
separately to General Liability, Automobile Liability, Law Enforcement
Liability and Public Officials Liability.
This is a new enhancement for the upcoming policy period.
Retained
Limit (any one occurrence or offense) $ 10,000
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TOWN BOARD MEETING
June 13,
2007
Page 5
The total
premiums for the above policies [before removing the voting machines from the
Inland Marine policy] is $132,006.18 for the policy period June 30, 2007 - June
30, 2008, as compared to $134,226.00 for the June 30, 2006 – June 30, 2007
policy period.
It was
clarified that matters such as computer shutdown due to lightning strikes,
brown-outs, etc. would be covered up to $50,000. Also, the Town Board reserved the right to ask Bailey,
Haskell and LaLonde to quote coverage for other items. Ms. Lowitz and Mr. Roe will meet with
Supervisor Reed and Town Clerk Young the week of June 18, 2007 for a further
review of the Request for Proposal.
PUBLIC HEARING
6:24 PM - Local
Law Introductory “A” of 2007
Chapter 88 [Parks] of the Town Code
At 6:24
P.M. the Supervisor opened the Public Hearing and the Town Clerk had available
the Notice of Public Hearing (published in the Observer Dispatch on May 29,
2007), Proof of Publication and Affidavit of Posting. The purpose of the Hearing was to offer the public an opportunity
to speak in favor of, in opposition to, or to comment upon Local Law
Introductory “A” which, if adopted, would amend Chapter 88 [Parks] of the Town
Code.
Parks and
Recreation Director Michael Jeffery made available two (2) handouts that
addressed three (3) sections of Chapter 88.
Specifically, the subject legislation would amend
·
Section
88.1 to include the Philip Rayhill trail
·
Section
88.2 with regard to the closing time of the recreational facilities
·
Section
88.8 to provide modifications for people who would like to let their dogs run
in a confined area, or “dog park” area.
Currently,
there is a leash law and clean-up requirement for domestic animals in the
parks. After speaking with the Town
Clerk, Director Jeffery learned there were 1,880 licensed dogs in the Town and
this would apply to the owners of these dogs who might use the dog park. Regulations are included in Section
88.8. This would allow for a social
environment for dogs and dog owners.
The Police Department, Animal Control, Town Justices, Town Attorney, and
Parks and Recreation Advisory Committee had a comment period on this matter.
The
Supervisor inquired if anyone present wished to speak in the matter. The following persons commented:
REGULAR
TOWN BOARD MEETING
June 13,
2007
Page 6
Edmund
Wiatr –
one hundred eighty (180) dogs? Director
Jeffery clarified it was 1,880 licensed dogs.
Mr.
Waitr –
questioned the social environment for dogs and dog owners and inquired what
advice the Town Attorney had given about the possibility of dog(s) biting a
person. Director Jeffery responded
that’s why the registration process is being implemented and why the
regulations were painstakingly reviewed for the dog park. The Town similarly reviews safety and
regulations for recreation programs, whether they involve children, pets or
adults.
Mr.
Wiatr –
questioned who on the Town Board thought this up and commented that cats might
be regulated next. Director Jeffery
stated there is no leash law for cats; but, yes, for dogs – as well as a fine
for a leash law violation – $250 for the 1st offense. Director Jeffery noted this is a proactive
way of the Animal Control Officer enforcing the law in the parks. In a past questionnaire, some Town residents
wanted a dog park and these residents’ comments were evaluated together with
inquiries of people relocating from big cities or towns, who wanted a dog park. The Parks and Recreation Advisory Committee
is in favor of this project and the Town Board was in favor by budgeting for it
in 2007. With the fee system, a
reasonable number of users will pay for the facility so it should pay for
itself.
Councilman
Waszkiewicz noted that the dog park was part of the amended parks master plan
and Councilman Reynolds stated this makes a safer, cleaner parks environment.
Mr.
Wiatr –
questioned the $18,000 to $22,000 budgeted for this dog park. Director Jeffery responded he had worked
hard on the Park budget and in 2007 the Park budget reflected a One Percent (l%
) decrease overall, despite increases in salaries. The dog park addresses a stated need from residents responding to
a questionnaire.
Jim
Lawrence
– questioned the fee system and liability issue. Director Jeffery stated there will be a non-resident program
(similar to other programs like swimming, park pavilions, etc.) for $70 for the
season; $35 for residents; $30 for senior citizens. In response to liability, Director Jeffery emphasized that the
Town Attorney and he need to have everything adopted in this legislation in
order to enforce and track people and their dogs and whether anyone is
violating any rules. The Town Attorney
was very concerned about this and Director Jeffery did much research to reassure
Attorney Green that everything was covered.
He had visited several dog parks in New York State as well as municipal
regulations relating to them.
Mary
Cifarelli
spoke in support – can speak to being a dog owner and waiting in anticipation
to bring her dog to the park and have a social life. She feels this is a draw.
While the City of Rome park is a nice dog park, Ms. Cifarelli believes
New Hartford
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TOWN BOARD MEETING
June 13,
2007
Page 7
deserves
something as good as Rome has. She believes
it’s nice for the Town to be seen as proactive to include citizens who have
dogs.
There being
no further comments, the Public Hearing was closed at 6:40 P.M.
Thereafter,
Councilman Waszkiewicz moved that Local Law Introductory “A” of 2007 be adopted
as Local Law No. Two of 2007 as follows; seconded by Councilman Woodland:
TOWN OF NEW HARTFORD, NEW YORK
LOCAL LAW
INTRODUCTORY “A” OF 2007
A Local Law to amend the Code of the Town of New Hartford,
Chapter 88 thereof entitled PARKS, by amending the applicability of provisions,
the hours and days open and domestic animals allowed.
Section 88-1. Applicability of provisions
This chapter shall apply to those lands owned by or under the control and
supervision of the Town of New Hartford, dedicated or otherwise devoted
to active or passive recreation and known as “Donovan Memorial Park”,
“Sherrillbrook Park”, “Washington Mills Athletic Park”, Recreation Center,
“Veterans Memorial Park”, “Philip A. Rayhill Memorial Trail”, and any
extensions thereof. Use of the term “park” in this chapter shall mean and
include the above-referenced facilities.
SECTION 2. Chapter 88 of the Code of the Town of New Hartford, Section 88-2, is hereby amended to read as follows:
Section 88-2. Hours and days open
The “Donovan Memorial Park”, “Sherrillbrook Park”, and the “Washington Mills
Athletic Park” shall be opened to the general public for pavilion rentals, field use
Permits, and for normal passive recreational usage between May 1st and
October 31st of each year following a daily opening and closing schedule as
follows:
June 13, 2007
Page 8
May 1st to August 31st opening at 8:00 A.M. and closing at 8:30 P.M.
September 1st to October 31st opening at 8:00 A.M. and closing at 7:30 P.M.
The “Veterans Memorial Park” and “Philip A. Rayhill Memorial Trail” shall be
opened to the general public for normal passive recreational usage year round
with no limited hours of usage.
SECTION 3. Chapter 88 of the Code of the Town of New Hartford, Section 88-8, is hereby amended to read as follows:
Section 88-8. Domestic animals.
Domestic animals, including dogs, cats and horses, are to be leashed and under
control of the owner, guardian or caregiver, at all times while within the park.
Exception: Dogs may be off leash while inside the
dog park located at
Sherrillbrook
Park. All users of the dog park must
have a valid registration
on file
with the Parks Office, along with the Department of Animal Control.
All users of the dog park must adhere to the rules and regulations provided upon
registration for a user ID card. The rules and regulations will also be posted at
the entrance of the dog park, and also be available at the park offices, and animal
control office. Violators will be subject to removal from the park, suspension of
park privileges and subject to fines, as outlined in Chapter 56-1, Sections A – E,
Chapter 56-1,2 Sections A – F, and Chapter 56-2, Chapter 88 Sections 8, 9 and
10 of the laws of the Town of New Hartford, in addition to the Oneida County
Sanitary Code, Section X – V – 2 Subsection 3 h and i, along with Article 7,
Section 119, Subsections a, b and c, along with Section 121 of the State of New
York Agriculture and Markets Law; along with Section 2145 of the New York
State Public Health Law, Title 4, Article 21.
June 13, 2007
Page 9
o April through September – 8:00 A.M. to 7:30 P.M.
o October through March – 8:00 A.M. to 5:00 P.M. (weather permitting)
o Maximum capacity not to exceed 110 dogs
June 13, 2007
Page 10
June 13, 2007
Page 11
Enforcement of the above rules and regulations is under the immediate supervision of the Town of New Hartford Animal Control Officer. Violators of dog park rules and regulations will be subject to one or more of the following:
SECTION 4. All other provisions of Chapter 88 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 5. This Local Law shall become effective upon its filing with the Office of the Secretary of State.
A roll call
vote was duly held and resulted as follows:
Councilman Waszkiewicz - Aye
Councilman Reynolds - Aye
Councilman Woodland - Aye
Councilman Payne - Aye
Supervisor Reed - Aye.
Thereafter, Local Law Introductory “A” of 2007 was declared unanimously carried and duly ADOPTED as Local Law No. Two of 2007.
Parks
and Recreation Director:
Appointments
– Seasonal Parks and Recreation Employees
Upon
recommendation of the Parks and Recreation Director, Councilman Waszkiewicz
introduced the following Resolution for adoption; seconded by Councilman
Woodland:
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TOWN BOARD MEETING
June 13,
2007
Page 12
(RESOLUTION NO. 112 OF 2007)
RESOLVED that the New Hartford Town Board does hereby appoint the following individuals to the various part-time seasonal positions and for the hourly wages set opposite their several names, for the Parks and Recreation Department, commencing
July 9, 2007 and ending August 31, 2007; all wages to be paid bi-weekly:
Dennis Blazek Tennis Director $16.00 per hour
Jeffrey Blazek Tennis Instructor $ 9.00 per hour
Vincent Semeraro Tennis Instructor $ 9.00 per hour
Joseph Desens ½ day Recreation Attendant $ 7.15 per hour
Brianna Pristera ½ day Recreation Attendant $ 7.15 per hour
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.
Executive
Session – Leave of Absence
The Parks
and Recreation Director asked to discuss in Executive Session an employee’s
request for a leave of absence.