REGULAR
MEETING OF THE TOWN BOARD OF
THE
TOWN OF NEW HARTFORD, NEW YORK,
HELD
AT KELLOGG ROAD COMMUNITY CENTER
BUILDING,
IN SAID TOWN ON WEDNESDAY,
SEPTEMBER
12, 2007 AT 6:00 P.M.
Supervisor Reed called the meeting to order at 6:00 P.M. and led those in attendance in the Pledge of Allegiance to the American Flag. The roll was then taken with the following Town Officials and Department Heads being present during the progress of the meeting:
TOWN BOARD MEMBERS: Councilman Robert A. Payne III
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
Codes Enforcement Officers Gerald F. Back and
Joseph Booth
Dispatch Supervisor Jeffrey P. Madden
Highway Superintendent Roger A. Cleveland
Police Chief Raymond Philo
Planner Kurt Schwenzfeier
Town Attorney Gerald Green
Town Clerk Gail Wolanin Young and
Deputy Town Clerk I Margaret M. Jones
Thereafter, a quorum was declared present for the transaction of business.
MINUTES
APPROVAL
August 8, 2007 Town Board minutes
Councilman Waszkiewicz introduced the following Resolution for adoption, seconded by Councilman Reynolds:
(RESOLUTION NO.
191 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 August 8, 2007 and does further waive the reading of the same.
Upon roll call, the Board members voted as follows:
Councilman Waszkiewicz - Aye
Councilman Woodland - Aye
Councilman Reynolds - Aye
September 12, 2007
Page 2
Councilman Payne - Aye
Supervisor Reed - Aye.
The Resolution was declared unanimously carried and duly ADOPTED.
PUBLIC
PRESENTATIONS
Walter G. Dluginski, who had submitted a Petition at the May 9, 2007 Town Board meeting for a lower speed limit on Roberts Road, inquired about the status of this matter. Town Clerk Young had submitted the request, and a copy of the Petition, to the Oneida County Department of Public Works, which in turn, submits the request to the New York State Department of Transportation (DOT). In June 2007, the Town Clerk had received an acknowledgement of the request from the DOT but hasn’t received any further communication; the Town Clerk will contact DOT for a status update and then will contact Mr. Dluginski regarding his request. Councilman Payne stated that he would follow up with Chief Philo regarding the speeding on Roberts Road.
Leona Rivkin of Higby Hills Development had contacted the Highway Department several times regarding her mailbox damaged by a Town plow but wasn’t informed about the Town’s policy addressing the replacement of mailboxes; i.e., that if the receptacle were beyond repair, that the mailbox would be replaced with “…a basic, functional mailbox rather than an in-kind replacement, and that should the resident not accept this basic, functional mailbox, that the Town has no further monetary or replacement obligation.” Supervisor Reed explained that this Board Resolution had been adopted in 2001. Councilman Waszkiewicz stated that the original resolution doesn’t specifically state that the homeowner will be given the option of either the Town replacing the mailbox or receive money towards the purchase of a new mailbox; Ms. Rivkin prefers that her RubberMaid mailbox be replaced with a like mailbox, not for a Twenty Dollar ($20) standard mailbox. Councilman Reynolds agreed with the Highway Superintendent’s memo that this policy should be posted on the Town’s website. Ms. Rivkin believes that Highway Department staff should notify the caller of the mailbox replacement options.
REPORTS
OF TOWN OFFICIALS
Codes
Enforcement Officer:
Provisional Appointment – Assistant Codes
Enforcement Officer
Codes Enforcement Officer Gerald Back announced that because he will be retiring effective January 2008, the Town had advertised for this position, receiving thirty (30)
applications that had been screened by the Oneida County Personnel Department and
Town Personnel Technician; half of the applicants did not
qualify. Recommended for appointment is
Thomas Rowlands of New York Mills, who has experience in the
REGULAR TOWN BOARD MEETING
September 12, 2007
Page 3
construction field. Councilman Waszkiewicz presented the following Resolution for adoption; seconded by Councilman Reynolds:
(RESOLUTION NO.
192 OF 2007)
WHEREAS, Codes Enforcement Officer Gerald F. Back will be retiring effective January 2008; and
WHEREAS, the Town has finalized the application and interview process for qualified applications to fill the position of Assistant Codes Enforcement Officer, said applications having been reviewed by Personnel Technician Barbara Aiello and the Oneida County Department of Personnel;
NOW, THEREFORE, BE IT RESOLVED that the New Hartford Town Board does hereby provisionally appoint Thomas Rowlands as Assistant Codes Enforcement Officer for the Town of New Hartford, effective November 5, 2007, who will be required to
· pass the New York State Civil Service Examination for Codes Enforcement Officer, placing in the top three (3) on the list of persons who would accept the position
· achieve certification as Codes Enforcement Officer by the State of New York, which is understood may involve a year’s time
and
BE IT FURTHER RESOLVED that upon passing the required Civil Service examination and receiving State certification, Mr. Rowland’s annual salary would be increased to Thirty-Five Thousand Dollars ($35,000) a year; payable bi-weekly.
The Board members voted as follows:
Councilman Waszkiewicz - Aye
Councilman Woodland - Aye
Councilman Payne - Aye
Councilman Reynolds - Aye
Supervisor Reed - Aye.
The Resolution was
declared unanimously carried and duly ADOPTED.
Proposed
Legislation – Amend the Code, Chapter 118 (Zoning) - Fees
Codes Enforcement
Officer Joseph Booth distributed proposed fee changes, explaining
REGULAR TOWN BOARD
MEETING
September 12, 2007
Page 4
through a Power Point presentation that the Codes Department is funded fifty per cent (50%) by the taxpayers, and that the Department would like to reduce this percentage by increasing permit fees so the Department is funded by persons/businesses using the Codes’ services. Councilman Waszkiewicz questioned the necessity of a building permit for rental of commercial and residential tents. Town Clerk Gail Wolanin Young will prepare the Local Law Introductory for the fee increases and will forward same to Attorney Green for his review.
Highway
Superintendent:
Competitive Bid Results (Rejection) – 2007
Sidewalk Program
Highway Superintendent Cleveland reported that three (3) bid specification packages had been picked up by vendors, with only Power Line Constructors, Inc., submitting a bid of Fifty-two Thousand Five Hundred Fifty-nine Dollars ($52,559). Upon recommendation of the Highway Superintendent, Councilman Reynolds offered the following Resolution for adoption; seconded by Councilman Waskiewicz:
(RESOLUTION NO.
193 OF 2007)
WHEREAS, one (1) bid was received for the 2007 Sidewalk Improvements project on September 4, 2007 from Power Line Constructors, Inc, 24 Robinson Road, Clinton, NY 13323 in the amount of Fifty-two Thousand Five Hundred Fifty-nine Dollars; and
WHEREAS, after canvassing this sole bid, the Highway Superintendent has recommended that the Town Board reject this bid, which he believes is excessively high;
NOW, THEREFORE, BE IT RESOLVED that the Town Board of the Town of New Hartford does hereby reject the sole bid submitted by Power Line Constructors because of the excessively high cost and that the Town Clerk be, and she hereby is, authorized and directed to release the Bid Bond presented by Power Line Constructors, Inc. and that the Bookkeeper be, and she hereby is, directed to issue refunds from the Trust and Agency Account as follows:
Upon roll call, the Town Board voted as follows:
Councilman Waszkiewicz - Aye
REGULAR TOWN BOARD MEETING
September 12, 2007
Page 5
Councilman Woodland - Aye
Councilman Reynolds - Aye
Councilman Payne - Aye
Supervisor Reed - Aye.
The Supervisor declared the
Resolution unanimously carried and duly ADOPTED.
Competitive Bid Results (Rejection) - 2008 Ford
Ranger Pick-up Truck
After reviewing the 2007 Highway Department budget, Superintendent Cleveland recommended that the Town Board reject Steet Ponte’s bid because there are insufficient funds to purchase this truck and a new plow. Thereafter, Councilman Payne presented the following Resolution for adoption; seconded by Councilman Woodland:
(RESOLUTION NO.
194 OF 2007)
WHEREAS, a bid was received from Steet-Ponte Ford, 5074 Commercial Drive, Yorkville, New York 13495 on August 7, 2007 in the amount of Fifteen Thousand Five Hundred Thirteen Dollars and Ninety Cents ($15,513.90) for a 2008 Ford Ranger Pick-up Truck; and
WHEREAS, subsequent to the Town Board adopting Resolution No. 171, contingent upon sufficient moneys being available, the Highway Superintendent has determined there are insufficient funds in his budget to purchase a pick-up and a snowplow;
NOW, THEREFORE, BE IT RESOLVED that the Town Board of the Town of New Hartford does hereby repeal Resolution No. 171, adopted August 8, 2007 and does hereby reject the sole bid presented by Steet-Ponte Ford for reasons cited by the Highway Superintendent. Further, the Bookkeeper is hereby authorized and directed to issue from the Trust and Agency Fund a refund of Seven Hundred Seventy-five Dollars and Seventy Cents ($775.70), which represents the refund of Steet-Ponte’s bid security.
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.
REGULAR TOWN BOARD MEETING
September 12, 2007
Page 6
Acquisition of Snowplow – State Bid
Upon recommendation of the Highway Superintendent, Councilman Payne presented the following Resolution for adoption; seconded by Councilman Reynolds:
(RESOLUTION NO.
195 OF 2007)
RESOLVED that the New Hartford Town Board does hereby authorize and direct the Highway Superintendent to purchase one (1) new snowplow on State Contract #40580 – 20165 through Fleet Maintenance, at a cost not to exceed One Hundred Nine Thousand Nine Hundred Eleven Dollars and Seventy-Five Cents ($109,911.75).
The question of adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows:
Councilman Waszkiewicz - Aye
Councilman Woodland - Aye
Councilman Reynolds - Aye
Councilman Payne - Aye
Supervisor Reed - Aye.
The Supervisor declared the Resolution unanimously carried
and duly ADOPTED.
Sessions Road Highway Improvements - Wilcox
Property
Upon recommendation of the Highway Superintendent Cleveland, Councilman Payne presented the following Resolution for adoption; seconded by Councilman Waszkiewicz:
(RESOLUTION NO.
196 OF 2007)*Amended
09-26-2007
WHEREAS, the
Town Board adopted Resolution No. 190 on August 8, 2007 with regard to a
settlement payment in the sum of Two Thousand Dollars ($2,000) to Guy Wilcox
for the acquisition of land for highway improvements on Sessions Road and that
said payment not be made until Guy Wilcox executes a Release against the Town
for any claims as a result of said acquisition;
NOW, THEREFORE, BE IT RESOLVED that the New Hartford Town Board does hereby approve the payment of Two Thousand Dollars ($2.000) to Guy Wilcox from the Part-town Highway Fund, Contingent Account DB1990.04.
Whereupon, the Town Board members voted individually as follows:
Councilman Waszkiewicz - Aye
Councilman Woodland - Aye
September 12, 2007
Page 7
Councilman Reynolds - Aye
Councilman Payne - Aye
Supervisor Reed - ABSTAINED because he has
been a long-time friend of the property owner.
The Supervisor declared the Resolution be carried and
duly ADOPTED.
The Highway Superintendent reported on the August 15, 2007 Stormwater Management Improvement Committee meeting:
When the Business Park was proposed in the mid-1990’s, it was the intent of the Town to have the collector roads within the Park incorporated into the Town’s highway system. The Business Park now has a developer, and the developer is requesting confirmation that this is still the intent of the Town. Councilman Payne presented the following Resolution for adoption; seconded by Councilman Waszkiewicz:
(RESOLUTION NO.
197 OF 2007)
RESOLVED that the Town Board of the Town of New Hartford shall dedicate the collector roads in the New Hartford Business Park as publicly owned highways, upon their construction and acceptance by the Town in accordance with the submittal requirements as contained in the Town Code.
Whereupon, the Town Board voted upon roll call as follows:
September 12, 2007
Page 8
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 recommendation of Highway Superintendent Cleveland, Councilman Payne presented the following Resolution for adoption; seconded by Councilman Waszkiewicz:
(RESOLUTION NO.
198 OF 2007)
RESOLVED that the New Hartford Town Board does hereby appoint Scott Brady as a seasonal Highway Laborer, effective September 17, 2007 and for the duration of the leaf pick-up season, at an hourly rate of Eight dollars ($8.00), payable bi-weekly.
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.
The Sauquoit Creek Basin Inter-municipal Commission will receive bids on Thursday, September 27, 2007 for the Sauquoit Creek Stabilization Project. The Highway Superintendent anticipates that within three to four weeks after the bid opening, the improvements will be installed.
Planner:
Agreement for Engineering Services – Cedarbrook
Senior Living Community
Upon recommendation of Town Planner Schwenzfeier, Councilman Woodland presented the following Resolution for adoption; seconded by Councilman Payne:
REGULAR TOWN BOARD
MEETING
September 12, 2007
Page 9
(RESOLUTION NO.
199 OF 2007)
RESOLVED that the Town Board of the Town of New Hartford does hereby authorize and direct the Town Supervisor to enter into and to sign a not-to-exceed Eight Thousand Eight Hundred Dollar ($8,800) Agreement for Engineering Services among the Town of New Hartford, Al Swierczek, P.E., Whitesboro, NY, and the Charles T. Sitrin Health Care Center, Inc., 2050 Tilden Ave., New Hartford, NY, as same relates to the Cedarbrook Senior Living Community; said cost to be paid by the Sitrin Health Care Center, Inc.
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.
SEQR/Proposed Local Law – Subdivision
Regulations Update
Upon presentation by Town Planner Schwenzfeier, Councilman Waszkiewicz presented the following Resolution for adoption; seconded by Councilman Reynolds:
(RESOLUTION NO. 200 OF 2007)
RESOLVED, that the Town Board of the Town of New Hartford does hereby declare itself as Lead Agency in the matter of the update of the Town’s Subdivision Regulations and does hereby open the SEQR process with the referral of the proposed local law to the New York State Department of Health, New York State Department of Environmental Conservation and the Oneida County Environmental Health Department.
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 Supervisor declared the Resolution unanimously carried
and duly ADOPTED.
REGULAR TOWN BOARD MEETING
September 12, 2007
Page 10
Police:
Upon the recommendation of Police Chief Philo, Councilman Waszkiewicz presented the following Resolution for adoption; seconded by Councilman Reynolds:
(RESOLUTION NO.
201 OF 2007)
RESOLVED that the New Hartford Town Board does hereby declare the following equipment as surplus property and does hereby authorize and direct the Police Chief to dispose of such surplus property on an E-bay auction:
1999 Ford Crown Victoria VIN #2FAFP71W4XX110777
2004 Ford Crown Victoria VIN #2FAHP71W54X172077
2004 Ford Crown Victoria VIN #2FAHP71W74X172078
The Board members 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.
In response to Councilman Payne’s inquiry, Chief Philo explained that the draft local law has been in the process for the past one and one-half to two (1 ½ to 2) years. Basically, the law would hold landlords responsible for conduct of tenants as far as the law allows.
Town
Clerk:
Upon presentation by the Town Clerk, Councilman Reynolds presented the following Resolution for adoption; seconded by Councilman Payne:
(RESOLUTION NO.
202 OF 2007)
RESOLVED that the New Hartford Town Board does hereby grant permission to the American Red Cross – Utica Chapter, 1415 Genesee Street, Utica, N. Y. 13501, an organization duly granted a Games of Chance Identification Number by the New York State Racing and Wagering Board, to sell raffle tickets at Sangertown Square Mall, Route
September 12, 2007
Page 11
5 & 5A, New Hartford, New York 13413, 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 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 Payne and seconded by Councilman Reynolds:
(RESOLUTION NO.
203 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 September 25, 2007 to be held at the Buffalo Head Restaurant in the Town of Forestport, 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.
September 12, 2007
Page 12
A representative of the “Crop Walk” had contacted the Town Clerk’s Office seeking approval to post three (3) 18” X 24” wire signs within the Town to advertise the September 29, 2007 fund-raising event. Although the Town Clerk attempted to obtain further information, she has not received a return call from Elma Walton; therefore, the Town Board took no action until further details could be obtained.
Due to confidential matters involving birth and death records, marriage licenses, disabled parking permit applications, etc., the Town Clerk recommended that the Town Board consider reconfiguring the Town Clerk-Registrar’s Office to provide privacy for customers. Supervisor Reed acknowledged that the Town Clerk had submitted this request last year. Councilman Payne offered to head-up this matter.
Assessor:
Assessor Smith announced that Real Property Service Tax Aide Janet Halpin is retiring after thirty-one (31) years of service on September 21, 2007, and he requested permission
to advertise this vacancy. Councilman Waszkiewicz presented the following Resolution for adoption; seconded by Councilman Reynolds:
(RESOLUTION NO.
204 OF 2007)
RESOLVED that the New Hartford Town Board does hereby authorize and direct Personnel Technician II Barbara Aiello to place an Advertisement in the Observer Dispatch that the Town of New Hartford will receive applications for the position of Real Property Service Tax Aide.
The Town Board members voted upon roll call as follows:
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.
Upon recommendation of the Assessor, Councilman Payne presented the following Resolution for adoption; seconded by Councilman Woodland:
September 12, 2007
Page 13
(RESOLUTION NO.
205 OF 2007)
WHEREAS, Charles Kobielski has been a Sub Clerk for the Town of New Hartford, and specifically, in the Assessor’s Office since November 15, 2006; and
WHEREAS, due to the retirement of Janet Halpin, clerical assistance is needed in the Assessor’s Office until a full-time appointment is made and to help train the new employee;
NOW, THEREFORE, BE IT RESOLVED that the New Hartford Town Board does hereby increase the hourly wage of Charles Kobielski to Eleven Dollars ($11), payable bi-weekly, retroactive to September 7, 2007 and until a person is hired and trained as the Real Property Service Tax Aide.
Whereupon, the Town Board voted upon roll call:
Councilman Waszkiewicz - Aye
Councilman Woodland - Aye
Councilman Reynolds - Aye
Councilman Payne - Aye
Supervisor Reed