REGULAR
MEETING OF THE TOWN BOARD OF
THE
TOWN OF NEW HARTFORD, NEW YORK, HELD
AT
BUTLER MEMORIAL HALL, IN SAID TOWN ON
WEDNESDAY,
NOVEMBER 7, 2007 AT 6:00 P.M.
Supervisor Reed called the meeting to order at 6:00 P.M. and led those in attendance in the Pledge of Allegiance to the American Flag. The roll was then taken with the following Town Officials and Department Heads being present during the progress of the meeting:
TOWN BOARD MEMBERS: Councilman Robert A. Payne III
Councilman David M. Reynolds
Councilman Richard B. Woodland, Jr.
Supervisor Earle C. Reed
ABSENT: The late Councilman John C. Waszkiewicz III
OTHER TOWN OFFICIALS: Assessor Paul E. Smith
Attorney for the Town Gerald J. Green
Codes Enforcement Officer Gerald F. Back
Director of Senior Services M. Eileen Spellman
Dispatch Supervisor Jeffrey P. Madden
Highway Superintendent Roger A. Cleveland
Parks and Recreation Director Michael W. Jeffery
Personnel Technician Barbara Aiello
Planner Kurt Schwenzfeier
Police Chief Raymond Philo
Senior Engineering Technician John Meagher
Town Clerk Gail Wolanin Young and
Deputy Town Clerk I Margaret M. Jones
Thereafter, a quorum was declared present for the transaction of business.
Congratulations
Councilman Richard Woodland
Supervisor Reed recognized Councilman Woodland for his eight (8) years of public service as Councilman for the Fourth Ward and he congratulated Councilman Woodland on his re-election to a third 4-year term.
Welcome
Financial Advisers
The Town Supervisor welcomed Frank Basile, CPA and his associate, Gary Batchelder, who assisted the Town on the 2008 budget process.
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Congratulations
Councilwoman-Elect – Christine Krupa
Supervisor Reed congratulated Christine Krupa on her election as Councilwoman for the Second Ward, a seat formerly held by the late John C. Waszkiewicz III who had chosen not to run for re-election.
Second Ward Councilman Candidate Russell
Cerminaro
The Town Supervisor recognized Russell Cerminaro who ran a hard campaign, a good campaign.
Tribute
to the Late Councilman John C. Waszkiewicz III
The Town Supervisor has talked with the Boy Scouts organization and the Town will do something in J.C.’s memory in the Spring of 2008.
[Aside: Supervisor Reed announced that the late Councilman Waszkiewicz’ grandson – his first grandchild -- was born around 4:00 A.M. today.]
PUBLIC
HEARING
6:03 P.M. 2008 Preliminary Budget
The Town Supervisor opened the Public Hearing at 6:03 P.M. The Town Clerk had available the Notice of Public Hearing, Affidavit of Posting and Proof of Publication (November 1, 2007 edition of the Observer Dispatch), in addition to the Special Assessment Rolls for various sewer and water districts and copies of the Budget for public dissemination. The purpose of the Hearing is to offer the citizens an opportunity to speak for or against or to comment upon the Budget as a whole, or any part thereof.
Councilman Woodland announced that he would conduct a power-point presentation and he asked that all questions be held until the end of the presentation. Individuals wishing to speak on the Budget are then asked to come forward to address the Board and to provide their name.
Councilman Woodland then reviewed the following slides for the people in attendance:
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(Pages 3 through 17 will consist of copies of the
power-point presentation)
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Q & A
At 6:12 P.M. Councilman Woodland invited people to come to the front of the room, giving their name and speaking in favor of, in opposition to, or to comment upon the budget in part or in its entirety.
Susan Blatt, President of the New Hartford Public Library, briefly reviewed initial construction of the Library in 1998 and its recent addition, together with fundraising efforts and an offer of $600,000 by a private donor to complete the recent project. Size of the Library has been doubled and they conservatively asked for a seven percent (7%) increase in the 2008 Budget. Dr. Blatt was unaware of the utility costs associated with the new addition and thanked the Town Board for appropriating the requested increase in funding. The new conference room will be available only to not-for-profit groups, which includes the Town.
The Town Clerk announced that, in accordance with NYS Town Law, Section 202-a and Section 239, the assessment rolls for special improvements/districts was available for review and comment by any interested person and the Town Board would hear and consider any objections to said assessment rolls.
There being no one further to speak in the matter, the Public Hearing was declared closed at 6:16 P.M. A second Public Hearing will be conducted on Thursday, November 8, 2007 at 7:00 P.M. in Butler Memorial Hall.
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Councilman Woodland introduced the following Resolution for adoption, seconded by Councilman Payne:
(RESOLUTION NO.
250 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 October 24, 2007 and does further waive the reading of the same.
Upon roll call, the Board members voted as follows:
Councilman Reynolds - Aye
Councilman Woodland - Aye
Councilman Payne - Aye
Supervisor Reed - Aye.
The Resolution was declared unanimously carried and duly ADOPTED.
Councilman Woodland introduced the following Resolution for adoption, seconded by Councilman Payne:
(RESOLUTION NO.
251 OF 2007)
RESOLVED that the New Hartford Town Board does hereby amend the minutes of the Regular Town Board meeting held October 10, 2007, and specifically Page 9, Public Presentation – Jerome Madden Justice Building so that it is hereby noted that, upon questioning, the firefighter identified himself as Rodger Reynolds.
Upon roll call, the Board members voted as follows:
Councilman Reynolds - Aye
Councilman Woodland - Aye
Councilman Payne - Aye
Supervisor Reed - Aye.
The Resolution was declared unanimously carried and duly ADOPTED.
PUBLIC PRESENTATIONS
Upon
inquiry of any public presentations, no one came forth.
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Aging
(Director of Senior Services):
Upon recommendation of the Director of Senior Services who had obtained the necessary personnel approvals, the following Resolution was introduced for adoption by Councilman Payne and duly seconded by Councilman Woodland:
(RESOLUTION NO.
252 OF 2007)
RESOLVED that the New Hartford Town Board does hereby appoint Patricia Stevenson as a Clerk Sub for the New Hartford Adult Dining & Activity Center, effective Thursday, November 8, 2007, at an hourly wage of Seven Dollars and Fifty Cents ($7.50), payable bi-weekly.
Whereupon, the Town Board voted upon roll call:
Councilman Reynolds - Aye
Councilman Woodland - Aye
Councilman Payne - Aye
Supervisor Reed - Aye.
The Resolution was then declared unanimously carried and duly ADOPTED.
Highway
Superintendent:
Upon recommendation of the Highway Superintendent, Councilman Payne offered the following Resolution for adoption; seconded by Councilman Reynolds:
(RESOLUTION NO.
253 OF 2007)
WHEREAS, Gregory and Heather Humphrey are the reputed owners of property on Kingfisher Lane and the arrangement of such property requires the relocation and reconstruction of a detention basin on said land, and at the property owners’ sole cost; and
WHEREAS, a set of plans and specifications had been finalized for the construction of the subject detention basin; and
WHEREAS, Attorney Gerald J. Green has reviewed the proposed Stormwater Maintenance Agreement for the Humphrey property;
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NOW, THEREFORE, BE IT RESOLVED that the New Hartford Town Board does hereby authorize and direct the
Town Supervisor to enter into and to execute a Stormwater Maintenance Agreement
between the Town of New Hartford and Gregory and Heather Humphrey, wherein
Gregory and Heather Humphrey, or their successors, shall be responsible for,
among other items:
The Town Board shall have the prerogative to inspect the detention basin and, if necessary, to make needed repairs and to levy the cost of same against the subject property (Tax Map #340.000-4-25.9/.10).
A roll call vote ensued:
Councilman Reynolds - Aye
Councilman Woodland - Aye
Councilman Payne - Aye
Supervisor Reed - Aye.
The Resolution was then declared unanimously carried and duly ADOPTED.
Upon explanation of the Highway Superintendent, Councilman Reynolds introduced the following Resolution for adoption; seconded by Councilman Payne:
(RESOLUTION NO.
254 OF 2007)
WHEREAS, the Town of New Hartford is desirous of improving and enhancing safe and secure access to the existing Philip A. Rayhill Memorial Trail;
THEREFORE, BE IT RESOLVED:
Authorization: That the Town of New Hartford designates Howard D. Mettelman, District Superintendent, Oneida-Herkimer-Madison BOCES to submit an application to the Shared Municipal Services Incentive Grant Program for the 2007-2008 Program Year. Mr. Mettelmen will execute all financial and/or administrative processes relating to the grant program.
Project Title and Description: That the project “Enhanced Access for the Philip A. Rayhill Memorial Trail” addresses the safe, secure access to the Philip A. Rayhill Memorial Trail from a new parking/trailhead located on the Oneida-Herkimer-Madison
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BOCES property adjacent to the trail. The enhanced access will address safety issues of the current Middle Settlement Road parking, offer parking for cars/buses (in excess of twenty spaces with turn-around) and safe/secure access to the trail for four-season pedestrian/bicycle use. This enhanced trailhead will encourage schools to use the trail for students within their academic calendar.
Funding Request: That the maximum amount of money being applied for is estimated between $65,000 - $85,000.
Local Share Information: That the 10% local share in dollars that the Oneida-Herkimer-Madison BOCES will commit as part of the required cash match will come from its operating budget.
Co-Applicant Information: That the Oneida-Herkimer-Madison BOCES is joined by the Town of New Hartford Highway Department, the Town of New Hartford Parks and Recreation Department, and the Sauquoit Creek Basin Inter-municipal Commission in support of this project. On October 10, 2007, the Oneida-Herkimer-Madison BOCES Board approved an IMA addressing this project. Additional support and endorsements come from the twelve component districts of the Oneida-Herkimer-Madison BOCES (Brookfield, Clinton, Holland Patent, New Hartford, New York Mills, Oriskany, Remsen, Sauquoit Valley, Waterville, Westmoreland and Whitesboro), local legislators and government officials, and groups using the Philip A. Rayhill Memorial Trail.
Councilman Reynolds acknowledged that this was a matter that the late Councilman Waszkiewicz had been working on. The question of the adoption of the foregoing Resolution was duly put to a vote on roll call, which resulted as follows:
Councilman Reynolds - Aye
Councilman Woodland - Aye
Councilman Payne - Aye
Supervisor Reed - Aye.
The Resolution was then declared unanimously carried and duly ADOPTED.
Upon request of the Highway Superintendent, Councilman Payne introduced the following Resolution for adoption; seconded by Councilman Woodland:
(RESOLUTION NO.
255 OF 2007)
WHEREAS, the Town of New Hartford has received a supplemental reimbursement in the amount of Twelve Thousand One Hundred Twenty-nine Dollars and Forty-six Cents
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($12,129.46) from the Federal Emergency Management Agency (FEMA) with regard to the February 14, 2007 snowstorm;
NOW, THEREFORE, BE IT RESOLVED that the New Hartford Town Board does hereby authorize and direct the
Bookkeeper to credit the appropriate Highway Fund account with FEMA’s
$12,129.46 reimbursement for snow removal.
The foregoing Resolution was subject to a vote upon roll call:
Councilman Reynolds - Aye
Councilman Woodland - Aye
Councilman Payne - Aye
Supervisor Reed - Aye.
The Resolution was then declared unanimously carried and duly ADOPTED.
Parks
and Recreation Director:
Upon recommendation of Parks and Recreation Director Michael Jeffery, the following Resolution was introduced for adoption by Councilman Woodland and duly seconded by Councilman Payne:
(RESOLUTION NO.
256 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 December 1, 2007 and ending at the close of the Winter Recreation Programs; all wages to be paid bi-weekly:
Jerry Pitaressi Recreation Director $ 17.00/hour
Gyda Capanna Recreation Leader $ 16.00/hour
Peggy Brady Recreation Attendant $ 13.50/hour
Daniel Duffy Recreation Attendant $ 9.50/hour
Tyler Gardinner Recreation Attendant $ 9.50/hour
Daniel Dreimiller Recreation Director $ 16.50/hour
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Marissa Mundrick Substitute Lifeguard/
Recreation Director $ 8.15/hour
Whereupon, the Town Board voted upon roll call:
Councilman Reynolds - Aye
Councilman Woodland - Aye
Councilman Payne - Aye
Supervisor Reed - Aye.
The Resolution was then declared unanimously carried and duly ADOPTED.
The following Resolution was introduced for adoption by Councilman Woodland and duly seconded by Councilman Payne:
(RESOLUTION NO.
257 OF 2007)
RESOLVED that the New Hartford Town Board does hereby authorize and direct the Town Supervisor to enter into and to execute Ice Rental Agreements and Concession Agreements for the 2007-2008 Ice Season between the Town of New Hartford and the following organizations:
all of which groups have provided the Town with the appropriate Certificate of Insurance.
The Town Board members voted as follows:
Councilman Reynolds - Aye
Councilman Woodland - Aye
Councilman Payne - Aye
Supervisor Reed - Aye.
The Resolution was then declared unanimously carried and duly ADOPTED.
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25
Town
Clerk:
Whereas the Oneida County Planning Department and the Town Planning Board have submitted their recommendations with regard to Local Law Introductory “C” of 2007, Councilman Payne offered the following Resolution for adoption, seconded by Councilman Reynolds:
(RESOLUTION NO.
258 OF 2007)
RESOLVED that the Town Board of the Town of New Hartford shall conduct a Public Hearing on Wednesday, December 12, 2007 at 6:00 P.M., or as soon thereafter as reached in the regular course of business, in Butler Memorial Hall, 48 Genesee Street, New Hartford to consider Local Law Introductory “C” of 2006 which, if adopted, would amend the Code, Chapter 118 thereof entitled ZONING as it pertains to an increase in various permit fees; and be it
FURTHER RESOLVED that the Town Board does hereby authorize and direct the Town Clerk to publish the legal requisite Notice of Public Hearing in The Observer Dispatch.
A roll call vote ensued:
Councilman Reynolds - Aye
Councilman Woodland - Aye
Councilman Payne - Aye
Supervisor Reed - Aye.
The Resolution was then declared unanimously carried and duly ADOPTED.
Upon presentation by the Town Clerk, the following Resolution was introduced for adoption by Councilman Reynolds and seconded by Councilman Payne:
(RESOLUTION NO.
259 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
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quarterly meeting of the Oneida County Association of Towns on November 27, 2007 to be held at Harts Hill Inn in the Town of Whitestown, New York, with expenses to be borne by said Town as budgeted.
The Resolution was voted upon by roll call as follows:
Councilman Reynolds - Aye
Councilman Woodland - Aye
Councilman Payne - Aye
Supervisor Reed - Aye.
The Resolution was then declared unanimously carried and duly ADOPTED.
Town Board Meeting Date Change
Upon recommendation of the Town Clerk, the following Resolution was introduced for adoption by Councilman Reynolds and duly seconded by Councilman Woodland:
(RESOLUTION NO. 260 OF
2007)
RESOLVED that, in order to comply with NYS TOWN LAW, Section 109, the New Hartford Town Board does hereby reschedule the Wednesday, November 28, 2007 Town Board meeting to Tuesday, November 20, 2007 at 6:00 P.M. in Butler Memorial Hall, New Hartford, NY.
The Supervisor polled the Board, which voted as follows:
Councilman Reynolds - Aye
Councilman Woodland - Aye
Councilman Payne - Aye
Supervisor Reed - Aye.
The Resolution was then declared unanimously carried and duly ADOPTED.
Raffle Consent
The following Resolution was introduced for adoption by Councilman
Reynolds and duly seconded by Councilman Payne:
(RESOLUTION NO. 261 OF
2007)
RESOLVED that the New Hartford Town Board does hereby grant permission to Herkimer County Community College, 100 Reservoir Road, Herkimer, New York, an organization duly granted a Games of Chance Identification Number by the New York
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State Racing and Wagering Board, to sell raffle tickets at Sangertown Square Mall, New Hartford, New York, in accordance with all rules and regulations of said Racing and Wagering Board; and be it
FURTHER RESOLVED that the Town Clerk be, and she hereby is, authorized and directed to execute Form GC-RCF, Raffle Consent Form.
Upon roll call, the Town Board voted as follows:
Councilman Reynolds - Aye
Councilman Woodland - Aye
Councilman Payne - Aye
Supervisor Reed - Aye.
The Resolution was then declared unanimously carried and duly ADOPTED.
Special Election – Willowvale
Fire Company Service Award Program
Town Clerk Gail Wolanin Young had received the Special Election Resolution from Bond Counsel. The following resolution was offered by Councilman Payne who moved its adoption, seconded by Councilman Woodland to-wit:
RESOLUTION DATED NOVEMBER 7, 2007
A RESOLUTION PROVIDING FOR THE DETAILS OF A SPECIAL
ELECTION IN THE MATTER OF THE PROPOSED SERVICE AWARD PROGRAM FOR WILLOWVALE
FIRE COMPANY.
WHEREAS, the Town Board of the Town of New Hartford has duly adopted a resolution approving a Service Award Program for the Willowvale Fire Company, Inc., which resolution was adopted subject to approval at a special referendum thereon; and
WHEREAS, the Town Clerk has duly submitted to this Town Board, a form for the proposition to be submitted at a special election of the Willowvale Fire Protection District for the approval of the Service Award Program; NOW, THEREFORE, BE IT
RESOLVED, by the Town Board of the Town of New Hartford, Oneida County, New York as follows:
Section 1. A special Town election of the qualified voters of the Willowvale Fire Protection District of the Town of New Hartford, Oneida County, New York, shall be
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held on December 11, 2007 at the Willowvale Fire Company, 3459 Oneida Street, in Chadwicks, New York, in said Town. The polls at said special election shall remain open between the hours of 12:00 o’clock Noon and 8:00 o’clock P.M., Prevailing Time, for the purpose of voting by ballot upon the proposition hereinafter set forth in the notice of such special election, as hereinafter provided.
Section 2. Personal registration of voters shall be required at said special election in accordance with the requirements previously established by resolution of this Town Board. The Board of Registration shall meet at the Willowvale Fire Company on November 27, 2007 between the hours of 4:00 o’clock P. M. and 8:00 o’clock P.M., to add the names of qualified voters to the register of the Town. The Town Clerk, or Deputy Town Clerk in her absence from office, is hereby authorized to cause a notice of meeting of the Board of Registration by publication thereof in the official newspaper of said Town, once, at least ten (10) days prior to the first such meeting. The Town Clerk shall also post same in at least five (5) conspicuous places in the Town at least ten (10) days prior to the first such meeting. Such notice shall be in substantially the form provided as part of the notice of special election as hereinafter provided.
Section 3. The Town Clerk, or Deputy Town Clerk in her absence from office, is hereby authorized and directed to cause a notice of said special election to be given by the publication thereof in the official newspaper of said Town, the publication of such notice to be made at least ten (10) days prior to the time of such special election. In addition, the Town Clerk, or Deputy Town Clerk in her absence from office, shall post or cause to be posted a copy of such notice on the signboard maintained pursuant to subdivision 6 of Section 30 of the Town Law, at least ten (10) days prior to such election and in at least four (4) other conspicuous places in the Town, in addition to said signboard, at least ten (10) days prior to the first meeting of the Board of Registration. The notice of said special election, the proposition to be submitted thereat, and the details concerning personal registration shall be in substantially the following form, to-wit:
NOTICE
OF SPECIAL ELECTION
NOTICE IS HEREBY GIVEN that a special election of the Town of New Hartford, Oneida County, New York, will be held at the Willowvale Fire Company, 3459 Oneida Street, in Chadwicks, New York, in said Town, on the 11th day of December, 2007, at which the polls will be kept open between the hours of 12:00 o’clock Noon and 8:00 o’clock P.M. Prevailing Time, for the purpose of voting by ballot on the following proposition:
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Shall the Service Award Program as described in Section 216 of the
General Municipal Law proposed for Willowvale Fire Company, Inc.
at an estimated annual cost of $76,000, be approved?
Details concerning the aforesaid Service Award Program referred to in
the proposition is on file in the office of the Town Clerk of said Town,
located in Butler Memorial Hall, 48 Genesee Street, in New Hartford, New York,
and may be examined by any interested person during regular business hours.
Any qualified elector of the Willowvale Fire Protection District shall be entitled to vote upon such proposition.
NOTICE IS HEREBY FURTHER GIVEN that a qualified voter of the Town may vote by absentee ballot if such voter is eligible to vote as an absentee voter in accordance with the requirements therefor set forth in Town Law Section 84-a. Persons eligible to vote as an absentee voter and who wish to obtain an absentee ballot must make written application therefor to the Town Clerk upon a form supplied by said Clerk. Such applications must be received by the Town Clerk no later than seven days prior to the election, if the ballot is to be mailed to the voter, or the day before the election if the ballot is to be delivered personally to the voter or the agent of the voter. Absentee voting shall be as otherwise prescribed in the Town Law and in the Election Law, as applicable. A list of all persons to whom absentee ballots shall have been mailed shall be kept at the office of the Town Clerk where it shall be available for public inspection during regular business hours until the day of the election.
Any qualified voter may, upon examination of such list, file a written challenge of the qualifications as a voter of any person whose name appears on such list, stating the reasons for such challenge. Such list shall also be posted in a conspicuous place or places during the election and any qualified voter may challenge acceptance of the absentee voter’s ballot of any person on such list by making a challenge and reasons therefor known to the inspectors of election before the close of the polls.
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