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
26, 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: Councilman John C. Waszkiewicz III
OTHER TOWN OFFICIALS: Attorney for the Town, Gerald J. Green
Director of Senior Services M. Eileen Spellman
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 Waszkiewicz was absent due to medical reasons.
PUBLIC
PRESENTATIONS
There were none.
REPORTS
OF TOWN OFFICIALS
Aging
(Director of Senior Services):
2007 Budget Adjustments
Upon request of Director of Senior Services Eileen Spellman, Councilman Payne offered the following Resolution for adoption; seconded by Councilman Woodland:
(RESOLUTION NO.
217 OF 2007)
RESOLVED that the New Hartford Town Board does hereby authorize and direct Bookkeeper Carol Fairbrother to make the following 2007 Budget adjustments for the Department of Senior Services:
Increase
Account No. Amount Purpose
· Senior Center Revenue $5,000.00 Assembly Member Item
· Senior Center Appropriation $5,000.00 Defibrillator system; visual
REGULAR TOWN BOARD MEETING
September 26, 2007
Page 2
equipment and training
· AA2705.1 Revenue $1,046.01 Donations by patron Seniors
· AA6772.04 Cont. Expense $1,046.01 Improve items at Senior Center
· AA2705.1 Revenue $1,000.00 Donation by Wal*Mart
· AA2771.4 Misc. Fees $2,035.00 White Elephant Sale
· AA6772.04 Cont. Expense $3,035.00 Purchase/install range hood and
ansel safety system
ceiling/lighting
project [NOTE: Project
didn’t cost taxpayers any funds out
of
Town Budget]
Upon roll call, the Board members voted as follows:
Councilman Waszkiewicz - ABSENT
Councilman Woodland - Aye
Councilman Payne - Aye
Councilman Reynolds - Aye
Supervisor Reed - Aye.
The Supervisor declared the Resolution unanimously carried
and duly ADOPTED.
Codes
Enforcement Officer:
Local Law Introductory “C” of 2007 - Amend the
Code, Chapter 118 (Zoning)/ Fees
In behalf of the Codes Enforcement Officers, the Town Clerk presented Local Law Introductory No. “C” for the Board’s consideration. Thereafter, Councilman Reynolds introduced the following legislation for the Town Board’s consideration at a future public hearing; co-sponsored by Councilman Payne:
TOWN OF NEW HARTFORD, NEW YORK
Local Law Introductory “C” of 2007
September 26, 2007
Page 3
Replace the existing like categories in Paragraph C. [Issuance of building permits] through Paragraph E. [Application to Zoning Board of Appeals] with the following revisions and additions:
(1) Residential
One- or two-family residences $0.26 per sq.ft.
Attached garages $0.15 per sq.ft.
Multi-family residences (apartments, condominiums,
townhouses – zero lot lines) $0.30 per sq.ft
Additions (residential) Minimum $50.00 plus
$0.15 per sq.ft.
(2) Commercial (is any occupancy other than an
R type) $0.33 per sq.ft. for
first 50,000 sq.ft.
of building area;
$0.25 per sq.ft. for
any remaining
portion of building
area up to 100,000
sq.ft; and
$0.16 per sq.ft. for
any remaining
portion of building
area over 100,000
sq.ft.
(a) Interior renovations $250 minimum, or
$0.25 per sq.ft.
(b) Detached accessory buildings and $30 minimum or
Structures $0.25 per sq.ft.
(3) In any situation, where work is started before a building permit is issued, the
application fee is doubled.
(4) All building permits expire one (1) year from the date of issue. Renewal
for one (1) year is 25% of the original permit fee.
D. Miscellaneous
(1) Demolition Permits:
a.) Residential buildings $100.00
b.) Commercial buildings $200.00
(3) Signs Minimum of $45
plus $1 per sq.ft.
of face area
(4) Open decks:
a.) Up to and including 150 sq.ft. $ 25.00 minimum
b.) Over 150 sq.ft. $ 10.00 for
each additional
100 sq.ft. or part
thereof
(5) Commercial tents (temporary; 20 days maximum) $100.00
No charge for tents associated with residential
occupancies
(12) Re-inspection fees
(a) Amount.
[1] First inspection $75.00
[2] Second inspection $75.00
[3] Third inspection $75.00
(1) Application for Area Variances:
a.) Residential, one- and two-family $100.00
b.) Multiple dwellings and other non-
residential uses $240.00
c.) Interpretations $ 40.00
September 26, 2007
Page 5
(2) Application for Use Variances (all uses) $300.00
SECTION 2. 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.
SECTION 3. This Local Law shall become effective January 1, 2008.
General Municipal Law 239-l & m Referral;
SEQR Process
Thereafter, the following Resolution was introduced for adoption by Councilman Reynolds and duly seconded by Councilman Payne:
(RESOLUTION NO.
218 OF 2007)
WHEREAS, the Town Codes Enforcement Officers have proposed a Zone Text Amendment to amend the Code of the Town of New Hartford, Chapter 118 (ZONING) by increasing certain permit fees; and
WHEREAS, the Town Board had reviewed the presentations made at the August 8, 2007 and September 12, 2007 Town Board meetings;
NOW, THEREFORE, BE IT RESOLVED that the Town Board of the Town of New Hartford does hereby refer the proposal to increase certain permit fees, i.e., Local Law Introductory “C” of 2007, to the Oneida County Planning Department and to the Town Planning Board for their review and written recommendation pursuant to General Municipal Law and the Town’s Zoning Law; and be it
FURTHER RESOLVED that the Town Board does hereby declare itself as Lead Agency in the matter of Local Law Introductory “C” of 2007 and does hereby commence the SEQR process with the Town Clerk to forward this proposal to any interested and/or involved agencies.
Upon roll call, the Board members voted as follows:
Councilman Waszkiewicz - ABSENT
Councilman Woodland - Aye
Councilman Payne - Aye
Councilman Reynolds - Aye
Supervisor Reed - Aye.
The Supervisor declared the Resolution unanimously carried
and duly ADOPTED.
REGULAR TOWN BOARD MEETING
September 26, 2007
Page 6
Highway
Superintendent:
Training
In behalf of the Highway Superintendent, Councilman Payne recommended that Christopher Moran be approved for continuing education. Thereafter, the following Resolution was introduced for adoption by Councilman Woodland and duly seconded by Councilman Payne:
(RESOLUTION NO.
219 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 Christopher Moran, Foreman/HEO, to attend the Annual Snow and Ice Seminar on Wednesday, October 10, 2007 in Chenango County, New York with the Forty Dollar ($40) registration fee to be paid by the Town.
The Resolution was voted upon by roll call as follows:
Councilman Waszkiewicz - ABSENT
Councilman Woodland - Aye
Councilman Payne - Aye
Councilman Reynolds - Aye
Supervisor Reed - Aye.
The Supervisor declared the Resolution unanimously carried
and duly ADOPTED.
In behalf of the Highway Superintendent, Councilman Payne submitted the following report with regard to the September 2007 Committee meeting. The Committee reviewed the Shumaker Engineering final design proposal for the Oxford-Tibbitts Road area; cost $21,500; and the Committee recommended that the Town Board approve the final design and move forward. Discussion among Town Board members included a bus tour so Committee members can appreciate the magnitude of problems, the need for a public hearing for public information and input once a list of initial priorities has been compiled, and the monthly submittal of a report on improvements accomplished. Councilman Payne had recommended that a Committee member submit reports to the Town Board rather than the Highway Superintendent. Councilman Payne will communicate with the Highway Superintendent to schedule a meeting with Shumaker Engineering.
September 26, 2007
Page 7
Parks
and Recreation Director:
Upon recommendation of Parks and Recreation Director Michael W. Jeffery, Councilman Woodland introduced the following Resolution for adoption; seconded by Councilman Reynolds:
(RESOLUTION NO.
220 OF 2007)
RESOLVED that Earle C. Reed, as Town Supervisor of the Town of New Hartford, New York, is hereby authorized to sign legal documents on behalf of said Town; and
be it
FURTHER RESOLVED that the New Hartford Town Board does hereby authorize and direct Supervisor Reed to execute all forms pertinent to a $30,000 grant from the NYS Office of Parks, Recreation and Historic Preservation as same relates to Project Identification No. PKS-07-CE-045, as follows:
· $20,000 for machinery and attachments for use in snow removal
· $10,000 for an athletic in-field groomer.
Whereupon, the Town Board voted as follows:
Councilman Waszkiewicz - ABSENT
Councilman Woodland - Aye
Councilman Payne - Aye
Councilman Reynolds - Aye
Supervisor Reed - Aye.
This Resolution was declared unanimously carried and duly ADOPTED.
Appointments - Seasonal Employees
Upon recommendation of the Parks and Recreation Director and confirmation that all applicants had been approved by the Oneida County Personnel Department and the Town Personnel Technician, the following Resolution was introduced for adoption by Councilman Reynolds and duly seconded by Councilman Payne:
(RESOLUTION NO.
221 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
September 26, 2007
Page 8
opposite their several names, for the Parks and Recreation Department, commencing September 28, 2007; all wages to be paid bi-weekly:
Recreation Center AA7020.14
Wayne Rich Ice Attendant $ 7.15 hour
Jonathan Furgal Ice Attendant $ 7.15 hour
Haley Butler Ice Attendant $ 7.15 hour
Daniel Dreimiller Ice Attendant $ 7.15 hour
Jennifer Malechi Ice Attendant $ 7.15 hour
Jason Fitzgerald Ice Attendant $ 7.15 hour
Christopher Luker Ice Attendant $ 7.15 hour
Michael Chiellino Sub Ice Attendant $ 7.15 hour
Robert Luker Sub Ice Attendant $ 7.15 hour
Whereupon, the Town Board voted upon roll call:
Councilman Waszkiewicz - ABSENT
Councilman Woodland - Aye
Councilman Payne - Aye
Councilman Reynolds - Aye
Supervisor Reed - Aye.
The Supervisor declared the Resolution unanimously carried
and duly ADOPTED.
Resignation – Recreation Center Working
Supervisor
Parks and Recreation Director Michael Jeffery reported that Mark Roller, who had been granted a 90-day Leave of Absence, has submitted his resignation effective September 22, 2007.
Promotion –Recreation Center Working Supervisor
Vacancy
Upon request of the Parks and Recreation Director, Councilman Reynolds introduced the following Resolution for adoption; seconded by Councilman Payne:
(RESOLUTION NO.
222 OF 2007)
WHEREAS, Mark Roller has resigned as Working Supervisor at the Recreation Center, creating a vacancy in that position;
NOW, THEREFORE, BE IT RESOLVED that the New Hartford Town Board does hereby promote Recreation Maintenance Worker James Campbell to fill the vacancy of Recreation Center Working Supervisor, said promotion to become effective Monday,
REGULAR TOWN BOARD MEETING
September 26, 2007
Page 9
October 1, 2007. His hourly wage is hereby established at Fifteen Dollars and Fifty-seven Cents ($15.57) including longevity of $.03 [annual wage $32,386].
Upon roll call, the Board members voted as follows:
Councilman Waszkiewicz - ABSENT
Councilman Woodland - Aye
Councilman Payne - Aye
Councilman Reynolds - Aye
Supervisor Reed - Aye.
The Supervisor declared the Resolution unanimously carried
and duly ADOPTED.
Promotion – Recreation Maintenance Worker Vacancy
Upon request of the Parks and Recreation Director, Councilman Payne introduced the following Resolution for adoption; seconded by Councilman Woodland:
(RESOLUTION NO.
223 OF 2007)
WHEREAS, James Campbell has been promoted to Recreation Center Working Supervisor, thereby creating a vacancy in his former position, Recreation Maintenance Worker;
NOW, THEREFORE, BE IT RESOLVED that the New Hartford Town Board does hereby promote Parks & Recreation Seasonal Laborer James Miller to fill the vacancy of Recreation Maintenance Worker, said promotion to become effective Monday, October 1, 2007. Mr. Miller’s hourly wage is hereby established at Eleven Dollars and Sixty-seven Cents ($11.67) [annual wage $24,275].
Upon roll call, the Board members voted as follows:
Councilman Waszkiewicz - ABSENT
Councilman Woodland - Aye
Councilman Payne - Aye
Councilman Reynolds - Aye
Supervisor Reed - Aye.
The Supervisor declared the Resolution unanimously carried
and duly ADOPTED.
Town
Clerk:
REGULAR TOWN BOARD MEETING
September 26, 2007
Page 10
Draft Local Law – Subdivision Regulations
In behalf of the Town Planner who had submitted the draft subdivision regulations for the Board’s review on September 12, 2007, at which time the SEQR process was commenced, the Town Clerk presented Local Law Introductory “D”. Councilman Woodland introduced the following legislation for the Town Board’s consideration at a future public hearing; seconded by Councilman Reynolds:
TOWN OF NEW HARTFORD, NEW YORK
Local Law Introductory “D” of 2007
A Local Law to amend the Code of the Town of New Hartford, Chapter 104 thereof entitled SUBDIVISION, by repealing the Subdivision Regulations adopted by Local Law No. 2 of 1965, adopted May 26, 1965, and all amendments thereto and replacing the 1965 Subdivision Regulations and amendments with the text adopted herein.
SECTION 1. Chapter 104 of the Code of the Town of New Hartford is hereby repealed and replaced by the following text:
(photocopy the text – not available electronically)
SECTION 2. All other provisions 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 3. This Local Law shall become effective immediately upon its filing in the Office of the Secretary of State in accordance with Section 27 of the Municipal Home Rule Law.
General Municipal Law 239-l & m Referral
Thereafter, the following Resolution was introduced for adoption by Councilman Woodland and duly seconded by Councilman Reynolds:
(RESOLUTION NO.
224 OF 2007)