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
REGULAR
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
REGULAR
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
REGULAR
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
REGULAR
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:
REGULAR
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.
On June 8, 2007 the Town received the following bids for Bituminous Concrete Paving during 2007 of various Town roads and Village streets the latter of which will be the responsibility of the Village of New Hartford for payment:
· $429,861.50 – Hanson Aggregates, NY, Inc.
Upon recommendation of the Highway Superintendent, the following Resolution was introduced for adoption by Councilman Reynolds and duly adopted by Councilman Payne:
June 13, 2007
Page 13
(RESOLUTION NO. 113
OF 2007)
WHEREAS, the Town Superintendent of Highways did, on the 13th day of June, 2007, duly recommend the purchase of Bituminous Concrete Paving of various Town roads 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, the Bituminous Concrete Paving of various Town roads from Barrett Paving Materials, Inc., P O Box 400, Washington Mills, New York 13479, the low bidder for a maximum aggregate price of Three Hundred Ninety-nine Thousand Seven Hundred Thirty Dollars and Sixty-five Cents ($399,730.65), contingent upon receiving approval from the Village of New Hartford for paving of some village streets. A contract for the paving shall be duly executed in triplicate between the Town Superintendent of Highways, the Village of New Hartford 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 installation of the paving, the Town Supervisor shall pay the amount of Two Hundred Seventy-eight Thousand Six Hundred Eighty-seven Dollars ($278,687) from budgetary appropriations for purchase of paving, with the difference from the maximum aggregate price being paid by the Village of New Hartford.
FURTHER RESOLVED that the New Hartford Town Board does hereby authorize and direct the Town Clerk to release the Bid Bonds submitted by unsuccessful bidders, Hanson Aggregates and Ocuto Blacktop & Paving.
Thereafter, 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.
Upon request of the Highway Superintendent, Councilman Reynolds offered the following Resolution for adoption, seconded by Councilman Payne:
June 13, 2007
Page 14
(RESOLUTION NO.
114 OF 2007)
RESOLVED that the New Hartford Town Board does hereby authorize and direct the Bookkeeper to make the final payment of One Hundred Eighty-two Thousand Eight Hundred Dollars to Vantage Equipment, Inc. for purchase of one (1) used 2007 Grad-all, Model #XL3100, VIN 0210017941.
The Supervisor then polled the Board who voted as follows:
Councilman Waszkiewicz - Aye
Councilman Woodland - Aye
Councilman Reynolds - Aye
Councilman Payne - Aye
Supervisor Reed - Aye.
The Resolution was declared unanimously carried and duly ADOPTED.
Upon request of Highway Superintendent Cleveland, Councilman Reynolds presented the following Resolution and moved its adoption, seconded by Councilman Payne:
(RESOLUTION NO.
115 OF 2007)
RESOLVED that the New Hartford Town Board shall receive sealed bids for the purchase of Sidewalk Paving within the Town, 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, July 10, 2007 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 does 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:
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.
June 13, 2007
Page 15
Highway Superintendent Roger Cleveland announced that HEO Richard Manuele had retired in early June 2007; Superintendent Cleveland extended his thanks to Mr. Manuele for “…32 years of wonderful service to the Town.”
Upon recommendation of the Highway Superintendent, the following Resolution was introduced for adoption by Councilman Reynolds and duly seconded by Councilman Woodland:
(RESOLUTION NO.
116 OF 2007)
RESOLVED that the New Hartford Town Board does hereby appoint the following individuals as temporary, seasonal laborers and for the hourly wages set opposite their several names, for the Highway Department, commencing on the dates noted hereunder; all wages to be paid bi-weekly:
Robert Reynolds $ 8.00/hour May 29, 2007
Ryan Brady $ 7.75/hour June 14, 2007
Wayne Rich $ 8.00/hour June 18, 2007
Whereupon, the Town Board voted upon 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.
One bid had been submitted on June 1, 2007 for purchase of a Pick-up truck; no bid specification packages had been picked up from the Town Clerk’s Office. Therefore, upon recommendation of the Highway Superintendent, Councilman Waszkiewicz introduced the following Resolution for adoption; seconded by Councilman Reynolds:
June 13, 2007
Page 16
(RESOLUTION
NO. 117 OF 2007)
WHEREAS, the sole bid for the purchase of a Pick-up truck submitted by Steet-Ponte Ford on June 1, 2007 did not meet criteria published in the Legal Notice nor the terms of the bid specification package, said bid lacking:
NOW, THEREFORE, BE IT RESOLVED that the New Hartford Town Board does hereby reject the sole bid submitted by Steet-Ponte Ford due to aforementioned omissions in their bid submission; and be it
FURTHER RESOLVED that the Town Board does hereby authorize and direct the re-advertisement to purchase a Pick-up truck, after the Highway Superintendent contacts New Hartford Central School to determine their interest in a joint bid in an attempt to receive a better purchase price.
A roll call vote was duly held as follows:
Councilman Waszkiewicz - Aye
Councilman Woodland - Aye
Councilman Reynolds - Aye
Councilman Payne - Aye
Supervisor Reed - Aye.
Thereafter, the Resolution was declared unanimously carried and duly ADOPTED.
Highway Superintendent Cleveland gave a brief overview of the Stormwater Advisory Committee meeting held June 5, 2007; he will distribute draft minutes. The next Committee meeting will be Wednesday, June 20, 2007 at the Kellogg Road Community Center Building. If the Committee advises to move forward, there are two (2) proposals for needed services. Upon recommendation of the Highway Superintendent, Councilman Payne introduced the following Resolution for adoption; seconded by Councilman Waszkiewicz:
(RESOLUTION NO.
118 OF 2007)
RESOLVED that the New Hartford Town Board does hereby authorize and direct the Town Supervisor to enter into and to execute a contract between the Town of New Hartford and Shumaker Engineering, the latter of which will provide the final design for
REGULAR TOWN BOARD MEETING
June 13, 2007
stormwater improvements in the Oxford-Tibbitts-Kellogg Road area, at a not-to-exceed cost of Twenty-one Thousand Five Hundred Dollars ($21,500); and be it
YET FURTHER RESOLVED that both agreements are contingent upon the recommendation of the Stormwater Advisory Committee.
Upon roll call, the 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.
Significant bank erosion has been discovered along Sauquoit Creek near the Oneida Street Washington Mills Water Pump Station. The Highway Superintendent will approach the Sauquoit Creek Drainage Basin Committee to determine if they’d support rehabilitation of this site by half the cost, subject to approval of the New York State Department of Environmental Conservation. Highway Superintendent Cleveland is attempting to find supplemental funding also.
Bids had been received on February 7, 2007 for the Highway Department fuel system upgrade, but the project had been put on hold. The Highway Superintendent emphasized the need to initiate remediation work and he’s discussed this with Councilman Reynolds, who will meet with the Town’s consultants. Highway Superintendent Cleveland can’t provide double-wall tanks and can’t answer yes on the re-registration form. Upon the recommendation of the Highway Superintendent, the following Resolution was introduced for adoption by Councilman Waszkiewicz and duly seconded by Councilman Payne:
June 13, 2007
Page 18
(RESOLUTION NO.
119 OF 2007)
RESOLVED that the New Hartford Town Board does hereby accept the low bid submitted by Marcy Excavation Co., Inc., 2256 Broad Street, Frankfort, NY, for the Highway Department Fuel System Upgrade, per their bid amount of Forty-four Thousand Six Hundred Dollars ($44,600) and does hereby authorize and direct the Town Supervisor to sign all pertinent agreements relating thereto, subject to the Town meeting with its consultants and the Town making an inquiry to the New York State Department of Environmental Conservation as to their requirements for this fuel system upgrade.
The Supervisor polled the Board who voted as follows:
Councilman Waszkiewicz - Aye
Councilman Woodland - Aye
Councilman Reynolds - Aye
Councilman Payne - Aye
Supervisor Reed - Aye.
The Resolution was declared unanimously carried and duly ADOPTED.
Highway Superintendent Cleveland thanked Planner Kurt Schwenzfeier for his work with Senior Engineering Technician John Meagher in preparing and submitting municipal reports to the New York State Department of Environmental Conservation, the latter of whom had accepted the reports.
Surplus Vehicles – Authorization to Dispose
Upon recommendation of the Highway Superintendent, the following Resolution was
introduced for adoption by Councilman Payne and duly seconded by Councilman Reynolds:
(RESOLUTION NO.
120 OF 2007)
RESOLVED that the New Hartford Town Board does hereby declare as surplus the following former police vehicles:
and be it
REGULAR TOWN BOARD MEETING
June 13, 2007
Page 19
FURTHER RESOLVED that the Town Board does hereby authorize and direct the Highway Superintendent to forward all pertinent information to Telecommunicator Supervisor Jeffrey Madden, who shall place the above vehicles for sale on E-bay. Once the vehicles have been sold and the Town Supervisor has signed the Certificates of Title to transfer ownership, the Highway Superintendent and Telecommunicator Supervisor shall notify the Town Clerk’s Office, which will arrange to have the vehicles deleted from the Town’s insurance policy.
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.
Although Councilman Reynolds doesn’t want to invest a lot of money into the Kellogg Road Community Center Building, he did note that the kitchenette and bathrooms need new floors and fixtures. The building has a high use by groups and he believes the Town should maintain the building. The Highway Superintendent stating he was meeting tomorrow with the Buildings and Grounds employee and has plans to have the rugs cleaned.
With regard to the possibility of installing a green arrow for northbound traffic on Genesee Street to turn left onto Campion Road, Planner Schwenzfeier had met with the New York State Department of Transportation, which doesn’t see this as feasible.
Town
Clerk:
Upon request of the Town Clerk, the following Resolution was introduced by Councilman Waszkiewicz and duly seconded by Councilman Reynolds:
(RESOLUTION NO.
121 OF 2007)
WHEREAS, upon recommendation of the Town Clerk at the May 9, 2007 Town Board meeting, a Resolution was adopted setting the salary of Deputy Town Clerk II Melody K. Fancett at Eighteen Thousand Dollars ($18,000) annually; and
June 13, 2007
Page 20
WHEREAS, subsequent to the May 9, 2007 Town Board meeting, Personnel Technician Barbara Aiello noted that the entry-level salary for Clerks had been standardized at Eighteen Thousand Five Hundred Dollars ($18,500); and
WHEREAS, the salary for Deputy Town Clerk II had been appropriated at $18,500 in the 2007 Annual Budget;
NOW, THEREFORE, BE IT RESOLVED that the Town Board of the Town of New Hartford does hereby amend the salary of Deputy Town Clerk II Melody Fancett from $18,000 annually to $18,500 annually retroactive to May 27, 2007, payable bi-weekly.
The Resolution was subject to a vote upon 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.
Upon request of the Town Clerk, Councilman Payne introduced the following Resolution for adoption; seconded by Councilman Waszkiewicz:
(RESOLUTION NO.
122 OF 2007)
WHEREAS, for several months a computer mini-tower in the Town Clerk’s Office had been sporadically shutting down on its own, with an employee loosing documents on which she was working; and
WHEREAS, the Town’s hardware technician has been called in numerous times, the most recent of which was May 30, 2007 at which time it was determined that the hard drive was no longer working and was irreparable; and
WHEREAS, this information had been brought to the attention of the Town Board on May 30, 2007;
NOW, THEREFORE, BE IT RESOLVED that
the Town Board of the Town of New Hartford does hereby authorize and direct the
Town Clerk to purchase one (1) new Dell Optiplex 320 Mini-tower from Dell Marketing,
to be purchased from General Fund
Account AA1680.2 at a cost of Six Hundred Fifty-five Dollars ($655). Although this is a
June 13, 2007
Page 21
non-budgeted item, sufficient monies are available in this account due to
lower equipment costs in 2007 compared to quotes submitted in preparation of
the 2007 Annual Budget.
The Town Board members then voted upon 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.
Upon presentation by the Town Clerk, the following Resolution was introduced for adoption by Councilman Woodland and seconded by Councilman Waszkiewicz:
(RESOLUTION
NO. 123 OF 2007)
RESOLVED that the Town Board of the Town of New Hartford does hereby authorize and direct the Town Clerk, who has received an Application for a Fireworks Permit and the appropriate Certificate of Insurance naming the Town of New Hartford as an additional insured, to issue to the Yahnundasis Country Club a Fireworks Display Permit for the display of fireworks upon their premises at 8639 Seneca Turnpike, New Hartford, New York on Wednesday, July 4, 2007, to start no later than 9:00 P.M., in accordance with the State Penal Law and regulations set forth in said Permit.
The Supervisor polled the Board members who 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.
Upon presentation by Town Clerk Gail Wolanin Young, the following Resolution was introduced for adoption by Councilman Payne and seconded by Councilman Woodland:
June 13, 2007
Page 22
(RESOLUTION NO.
124 OF 2007)
RESOLVED that the Town Board of the Town of New Hartford does hereby authorize and direct the Town Clerk, who has received an Application for a Fireworks Permit and the appropriate Certificate of Insurance naming the Town of New Hartford as an additional insured, to issue to Mark D. Levitt a Fireworks Display Permit for the display of fireworks upon the property of Guy D. Wilcox, 9790 Mallory Road (cornfield), New Hartford, New York on August 11, 2007, to start no later than 9:00 P.M., in accordance with the State Penal Law and regulations set forth in said Permit. Dr. Wilcox has granted permission to Mr. Levitt for the fireworks display upon his property.
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.
13th
Annual Wine Tasting and Auction – NYS Liquor Authority
The Faxton-St. Luke’s Healthcare Foundation is sponsoring their 13th Annual Wine Tasting and Auction on Saturday, June 16, 2007 and the NYS Liquor Authority has requested a letter from the Town acknowledging this event. Therefore, Councilman Waszkiewicz introduced the following Resolution for adoption; seconded by Councilman Payne:
(RESOLUTION NO.
125 OF 2007)
FURTHER RESOLVED that the Town Clerk be authorized and directed to issue a letter to this effect to said Healthcare Foundation.
Upon roll call, the Board voted as follows:
Councilman Waszkiewicz - Aye
Councilman Woodland - Aye
June 13, 2007
Page 23
Councilman Reynolds - Aye
Councilman Payne - Aye
Supervisor Reed - Aye.
The Supervisor declared the Resolution unanimously carried and duly ADOPTED.
Upon presentation by the Town Clerk, the following Resolution was introduced for adoption by Councilman Payne and duly seconded by Councilman Woodland:
(RESOLUTION NO.
126 OF 2007)
WHEREAS, Section 77-b of the General Municipal Law allows the governing board of municipalities to authorize any officer or employee to attend a convention, conference or school conducted for the betterment of such municipality;
NOW, THEREFORE, BE IT RESOLVED that the Town Board of the Town of New Hartford does hereby grant permission to interested Department Heads to attend the quarterly meeting of the Oneida County Association of Towns on Tuesday, June 19, 2007 to be held at Orchard Hall in the Town of Paris, New York, with expenses to be borne by said Town as budgeted.
The Resolution was voted upon by roll call 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.
In behalf of Hans Arnold and Frederick Kiehm, the Town Clerk presented the following Resolution, which was introduced for adoption by Councilman Waszkiewicz and duly seconded by Councilman Payne:
(RESOLUTION NO.
127 OF 2007)
WHEREAS, Section 77-b of the General Municipal Law allows the governing board of municipalities to authorize any officer or employee to attend a convention, conference or school conducted for the betterment of such municipality;
June 13, 2007
Page 24
NOW, THEREFORE, BE IT RESOLVED that the Town Board of the Town of New Hartford does hereby grant permission to Planning Board Chairman Hans G. Arnold and Zoning Board of Appeals member Frederick Kiehm to attend the Planning and Zoning Summer School on Thursday, August 9, 2007 at Hamilton College, Clinton, New York, with expenses to be borne by said Town as budgeted.
The Resolution was voted upon by roll call 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.
With regard to the application for a rezoning of a 100’ x 250’ parcel submitted by PH & S Property Management, said parcel being located at 180 Clinton Road, New Hartford, the Town Clerk gave the following overview:
Thereafter, Councilman Woodland introduced the following legislation for consideration by the Town Board at a future public hearing; co-sponsored by Councilman Payne:
TOWN OF NEW
HARTFORD, NEW YORK
LOCAL LAW INTRODUCTORY “B” 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
June 13, 2007
Page 25
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.
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.
June 13, 2007
Page 26
SECTION 4. This Local Law shall become effective immediately upon its filing in the Office of the Secretary of State.
The following Resolution was offered for adoption by Councilman Reynolds and duly seconded by Councilman Payne:
(RESOLUTION NO.
128 OF 2007)
RESOLVED that the New Hartford Town Board shall conduct a Public Hearing on Wednesday, July 11, 2007 to commence at 6:00 P.M., or as soon thereafter as reached in the regular course of business, in the Kellogg Road Community Center Building, to consider the adoption of Local Law Introductory “B” of 2007 which, if adopted, would amend the Town Code, Chapter 118 thereof entitled ZONING, by changing 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]; and be it
FURTHER RESOLVED that the Town Board does hereby authorize and direct the Town Clerk to publish the requisite legal notice in The Observer Dispatch.
The Supervisor polled the Board members who 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.
In behalf of the Bookkeeper, Town Clerk Young presented the following Resolution, which was introduced for adoption by Councilman Waszkiewicz and duly seconded by Councilman Reynolds:
(RESOLUTION NO.
129 OF 2007)
RESOLVED that, upon recommendation of the Highway Superintendent, the Town Board of the Town of New Hartford does hereby authorize and direct the Bookkeeper to make the following budget adjustment to cover the cost of engineering services performed by Cameron Group LLC Development/Route 840 Connector Study Project:
June 13, 2007
Page 27
The Board then voted upon roll call, resulting as follows:
Councilman Waszkiewicz - Aye
Councilman Woodland - Aye
Councilman Reynolds - Aye
Councilman Payne - Aye
Supervisor Reed - Aye.
The Resolution was declared unanimously carried and duly ADOPTED.
In October 2006 the Town Clerk had contacted the New York State Board of Elections, requesting a copy of the 2006 Election Law and at that time, was informed that Town Clerks had not been mailed a copy of the 2006 Election Law because, as a result of the Election Consolidation and Improvement Act of 2005, Town Clerks had no responsibility or authority over any part of the election process. Town Clerk Young was also informed that when the State centralized voting and created the State Board of Elections in the 1970’s, Town Clerks did not have any responsibility except to obtain a list of prospective inspectors and clerks from the major political parties and submit same to the County Board of Elections. However, some County Boards of Elections may have passed off certain responsibilities to the town clerks or had a “friendly handshake” arrangement for town clerks to continue helping the County Election Commissioners. On June 8, 2007 the Town Clerk had discussed this with Attorney Green and on June 13, 2007 the Town Clerk had forwarded this information to the Town Board. Town Clerk Young believed that the New Hartford taxpayers should not be subsidizing County responsibilities through the salaries of the Town Clerk and Deputy(ies) and asked that the Town Board consider directing the Town Attorney to forward a letter to the Oneida County Board of Elections in this regard. Thereafter, Councilman Reynolds introduced the following Resolution for adoption; seconded by Councilman Waszkiewicz:
(RESOLUTION NO.
130 OF 2007)
RESOLVED that the New Hartford Town Board does hereby authorize and direct the Town Attorney to forward a letter to the Oneida County Board of Elections informing the Election Commissioners that, in accordance with the Election Consolidation and Improvement Act of 2005, the Town of New Hartford will no longer provide any voting and or election related expenses, such as but not limited to recruiting workers, sending correspondence to workers and administering oaths of office, picking up election supplies
June 13, 2007
Page 28
and being a drop-off point, designation of polling locations, and repairing and delivering voting machines, effective immediately.
The Supervisor polled the Board members who 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.
Councilman Payne:
·
Lighting - Recreation Center & Sanger Public
Works Garage – briefly discussed a time line to work with the Town
Supervisor and Parks and Recreation director to move forward on lighting
improvements; also, contact National Grid to determine if they offer some type
of grant.
Councilman
Waszkiewicz:
Agenda Items:
June 13, 2007
Page 29
[No action was taken.]
REPORTS
OF TOWN OFFICIALS (Cont’d)
Telecommunicator
Supervisor:
Appointment – Part-time Telecommunicator
(Dispatcher)
Upon request of Telecommunicator Supervisor Jeffrey Madden, the following Resolution was introduced for adoption by Councilman Woodland and seconded by Councilman Reynolds:
(RESOLUTION NO.
131 OF 2007)
RESOLVED that the Town Board of the Town of New Hartford does hereby appoint Christopher J. Roy as a Part-time Telecommunicator (Dispatcher) for the Emergency Dispatch Center, to fill the vacancy created by the resignation of Nicole Panetta, effective June 18, 2007 at an hourly wage of Ten Dollars and Thirty-five Cents ($10.35), payable bi-weekly.
A roll call vote ensued:
Councilman Waszkiewicz - Aye
Councilman Woodland - Aye
Councilman Reynolds - Aye
Councilman Payne - Aye
Supervisor Reed - Aye.
The Resolution was declared unanimously carried and duly ADOPTED.
Town
Clerk:
The Town Clerk was excused from the Board meeting at 7:30 P.M. due to a family medical matter. Deputy Clerk Jones remained to record the proceedings.
Councilman
Reynolds:
June 30, 2007
Page 30
A meeting was held with the Codes Department regarding potential retirements within that Department. The Codes Department would like to have the Town Board consider advertising for an Assistant Codes Enforcement Officer. Upon the recommendation of Councilman Reynolds, Councilman Waszkiewicz presented the following Resolution for adoption; seconded by Councilman Payne:
(RESOLUTION NO.
132 OF 2007)
RESOLVED that the New Hartford Town Board does hereby authorize and direct the Personnel Technician to advertise the part-time Codes Enforcement Officer vacancy; and
BE IT FURTHER RESOLVED that this potential employee would be hired provisionally and would be required to pass a NYS Civil Service examination.
A roll call vote ensued:
Councilman Waszkiewicz - Aye
Councilman Woodland - Aye
Councilman Reynolds - Aye
Councilman Payne - Aye
Supervisor Reed - Aye.
The Resolution was declared unanimously carried and duly ADOPTED.
Attorney
Green:
Attorney Green recommended that the Town Board invite representatives of Time Warner Cable to a meeting to discuss the Franchise Agreement. The Town Board concurred and the Town Supervisor will forward such invitation.
Financial:
On recommendation of the Town Supervisor, Councilman Reynolds presented the following Resolution for adoption; seconded by Councilman Woodland:
(RESOLUTION NO.
133 OF 2007)
REGULAR TOWN BOARD MEETING
June 13, 2007
Page 31
RESOLVED that the Town Board of the Town of New Hartford does hereby authorize and direct the payment of the bills itemized on the following Abstracts, that have been duly audited by the Town Board:
General Fund Whole-Town Abstract No.11
Vouchers AA812-AA825 $ 16,173.12
General Fund Whole-Town Abstract No. 12
Vouchers AA826-AA900, AA902-AA928
AA957-AA965 $ 72,799.06
General Fund Whole-Town Abstract No. 12A
Vouchers AA929-AA956; AA966-AA978 $ 53,340.93
General Fund Highway Part-Town Abstract No 8.
Vouchers DB218 $ 25,000.00
Highway Fund Part-Town Abstract No. 9
Vouchers DN219-DN268 $ 94,263.75
General Fund Part-Town Abstract No. 10
Vouchers Nos. BB85-BB99 $ 15,435.15
Drainage Abstract No. 4
Vouchers HC11 and HC12 $ 935.58
Sewer Abstract No. 10
Voucher SS30, SS31 $ 7,015.51
Sewer Abstract No. 11
Voucher Nos. SS32 – SS41 $ 5,228.09
Street Lighting – Abstract No. 6
Voucher No. SL6 $ 7,794.48
Higby Road Water Tank Abstract No. 4
Voucher HF 7 $ 105.00
Capital/GEIS 2007 Study Abstract No. 3
Voucher No. HX4, HX5 $
55,415.00
TOTAL: $353,505.67
Whereupon, the Town Board members voted individually as follows:
Councilman Waszkiewicz - Aye
Councilman Reynolds - Aye
Councilman Woodland - Aye
Councilman Payne - Aye
Supervisor Reed - Aye.
This Resolution was declared unanimously carried and duly ADOPTED.
June 13, 2007
Page 32
Councilman Reynolds introduced the following Resolution for adoption and Councilman Payne seconded same:
(RESOLUTION NO.
134 OF 2007.)
RESOLVED that the New Hartford Town Board does hereby move to enter into an Executive Session to discuss the pending Union Contract for the Highway Department, the financial history of a particular employee, and the Vescera, Hilton, Par Technology and Applewood (Assessment) Certioraris brought against the Town of New Hartford..
A roll call vote ensued:
Councilman Waszkiewicz - Aye
Councilman Reynolds - Aye
Councilman Woodland - Aye
Councilman Payne - Aye
Supervisor Reed - Aye
Thereafter, the Resolution was declared unanimously carried and duly adopted. All persons present, including the news media, were then excused from the meeting at 7:40 P.M. Deputy Town Clerk I Margaret M. Jones was asked to remain present, in the event action was to be taken after Executive Session. Also remaining were the Personnel Technician, Parks and Recreation Director and Town Attorney.
Councilman Waszkiewicz offered the following Resolution for adoption and Councilman Payne seconded same:
(RESOLUTION NO.
135 OF 2007)
RESOLVED that the New Hartford Town Board does hereby move to end its Executive Session and to reconvene the regular portion of the Town Board meeting.
The Board members voted upon roll call that resulted as follows:
Councilman Waszkiewicz - Aye
Councilman Reynolds - Aye
Councilman Woodland - Aye
Councilman Payne - Aye
Supervisor Reed - Aye.
REGULAR TOWN BOARD MEETING
June 13, 2007
Page 33
The Resolution was declared unanimously carried and duly ADOPTED; the Executive Session ended at 8:45P.M. The regular portion of the Town Board meeting was reconvened at 8:45 P.M.
Upon recommendation of Attorney Gerald J. Green, the following Resolution was introduced for adoption by Councilman Waszkiewicz and duly seconded by Supervisor Reed:
(RESOLUTION NO.
136 OF 2007)
Christopher Vescera
Location of property: 4 Tilton Road, New Hartford
Initial New Tax
Tax Map No. Assessment Assessment Year
329.020-7-44 $225,000 $190,000 2004-2005
$190,000 2005-2006
$190,000 2006-2007
$190,000 2007-2008
$190,000 2008-2009
Upon roll call, the Board members voted as follows:
Councilman Waszkiewicz - Aye
Councilman Woodland - Aye
Councilman Reynolds - Aye
Councilman Payne - Aye
Supervisor Reed - Aye.
The Resolution was declared unanimously carried and duly ADOPTED.
Upon the recommendation of Attorney Gerald J. Green, Councilman Reynolds presented the following Resolution for adoption; seconded by Councilman Woodland:
(RESOLUTION NO.
138 OF 2007)
June 13, 2007
Page 34
RESOLVED that the New Hartford Town Board does hereby recommend and approve that Assessor Paul Smith have the Karen E. Hilton property located at 1221 ½ Pleasant Street, Tax Map No. 331.017-4-25.2 appraised so that the Town can move forward with this Assessment Certiorari.
The Town Board members then voted upon roll call 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.
Upon the recommendation of Attorney Gerald J. Green, Councilman Waszkiewicz presented the following Resolution for adoption; seconded by Councilman Payne:
(RESOLUTION NO.
139 OF 2007)
WHEREAS, Attorney William Ryan does recommend that the Town of New Hartford settle the Par Technology Certiorari in accordance with the terms outlined in his letter dated May 17, 2007;
NOW, THEREFORE, BE IT RESOLVED that the New Hartford Town Board does accept the recommendation submitted by Attorney William Ryan to settle the Par Technology Certiorari as follows:
Initial New Property
Tax Map No. Assessment Assessment Location
328.000-3-010.1 $8,307,500.00 $7,700,000.00 8383 Seneca Turnpike
New Hartford, NY
The Resolution was voted upon by roll call as follows:
Councilman Waszkiewicz - Aye
Councilman Reynolds - Aye
Councilman Woodland - Aye
Councilman Payne - Aye
Supervisor Reed - Aye.
June 13, 2007
Page 35
The Resolution was declared unanimously carried and duly ADOPTED.
Upon the recommendation of Attorney Gerald Green, Councilman Waszkiewicz presented the following Resolution for adoption; seconded by Councilman Payne:
(RESOLUTION NO.
140 OF 2007)
RESOLVED the New Hartford Town Board does recommend that Assessor Paul Smith obtain additional quotes for the Tax Assessment Program according to the Town Procurement Policy even though the Grant Application does not specifically request that the Town of New Hartford obtain different quotes.
The Board members voted as follows:
Councilman Waszkiewicz - Aye
Councilman Reynolds - Aye
Councilman Woodland - Aye
Councilman Payne - Aye
Supervisor Reed - Aye.
This Resolution was declared unanimously carried and duly ADOPTED.
Upon the recommendation of Attorney Gerald Green, Councilman Payne presented the following Resolution for adoption; seconded by Councilman Woodland:
(RESOLUTION NO.
141 OF 2007)
RESOLVED that the New Hartford Town Board does approve hiring an appraiser for the Applewood Certiorari for property located at Seneca Turnpike, Tax Map Number 315.000-4-7 and whose principal office is located at 21 Applewood Boulevard, Clinton, New York. The cost of the appraisal will be shared, with the Clinton School District paying ninety (90) per cent and the Town of New Hartford paying Ten (10) percent of said cost.
The Board members voted as follows:
Councilman Waszkiewicz - Aye
Councilman Reynolds - Aye
Councilman Woodland - Aye
Councilman Payne - Aye
June 13, 2007
Page 36
Supervisor Reed - Aye.
The Resolution was declared unanimously carried and duly ADOPTED.
Upon the recommendation of Attorney Gerald Green, Councilman Reynolds presented the following Resolution for adoption; seconded by Councilman Waszkiewicz
(RESOLUTION NO.
142OF 2007)
RESOLVED that the New Hartford Town Board does hereby authorize and direct Supervisor Reed to execute and send the letter, which Attorney Gerald Green had written to Judy Drabicki, Esq. Regional Director, New York State Department of Environmental Conservation, requesting a meeting to resolve any issues regarding the issuance of sanitary sewer permits.
The foregoing Resolution was duly put to a vote on roll call, which resulted as follows:
Councilman Waszkiewicz - Aye
Councilman Reynolds - Aye
Councilman Woodland - Aye
Councilman Payne - Aye
Supervisor Reed - Aye.
This Resolution was declared unanimously carried and duly ADOPTED.
Upon the recommendation of Parks and Recreation Director Jeffery, Councilman Payne presented the following Resolution for adoption; seconded by Councilman Waszkiewicz:
(RESOLUTION
NO. OF 2007)
WHEREAS, Mark Roller, Recreation Center Foreman in the Parks and Recreation Department has requested a Ninety (90) Day leave of absence from June 24, 2007 to September 22, 2007; and
WHEREAS, leave credits accumulated by Mark Roller as of June 9, 2007 will be frozen as follows: personal – 2.5 hours; vacation – 28.5 hours; sick time – 39.5 hours and floating holiday – 8 hours; and
REGULAR TOWN BOARD MEETING
June 13, 2007
Page 37
WHEREAS, retirement, vacation, personal or sick time will not accumulate during Mark Roller’s leave of absence and all the benefits will be reactivated with the same seniority level upon his return; and
WHEREAS, health insurance will remain in effect until September 30, 2007. When Mark Roller returns to work on September 22, 2007, teamsters will not reactivate his health insurance until January 1, 2008, and Cobra will be offered if Mark Roller desires coverage from October through December; and
WHEREAS, if Mark Roller does not return to his position by September 22, 2007, at the leave will become permanent and remaining sick time, time vacation and compensatory time will be paid out and all benefits will be permanently closed, and Cobra for temporary health insurance coverage will then be offered as required by law;
NOW, THEREFORE, BE IT RESOLVED that the New Hartford Town Board does approve the leave of absence for Mark Roller which is to commence on June 24, 2007 and will end on September 22, 2007, and
BE IT FURTHER RESOLVED, that the New Hartford Town Board does upgrade James Campbell, Parks and Recreation Laborer, to the position of Temporary Recreation Center Foreman, effective June 24, 2007 through September 22, 2007, at an hourly wage of Fifteen Dollars and Seven Cents ($15.07) which includes a temporary One Dollar and Twenty-Five Cents ($1.25) hourly increase in his wages as outlined in the union contract while he serves as the Temporary Recreation Center Foreman.
Whereupon, the Town Board members voted individually as follows:
Councilman Waszkiewicz - Aye
Councilman Reynolds - Aye
Councilman Woodland - Aye
Councilman Payne - Aye
Supervisor Reed - Aye.
This Resolution was declared unanimously carried and duly ADOPTED.
Page 38
There being no further business to come before the Town Board, upon motion duly made and seconded, the meeting was adjourned at 8:50 P.M.
Respectfully
submitted,
Gail Wolanin Young
Deputy Clerk I