REGULAR
MEETING OF THE TOWN BOARD OF
THE
TOWN OF NEW HARTFORD, NEW YORK,
HELD
AT NEW HARTFORD HIGH SCHOOL AUDITORIUM,
33
OXFORD ROAD, NEW HARTFORD ON
WEDNESDAY,
APRIL 9, 2008 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
Councilwoman Christine G. Krupa
Councilman David M. Reynolds
Councilman Richard B Woodland, Jr.
Supervisor Earle C. Reed
OTHER TOWN OFFICIALS: Attorney for the Town Gerald J. Green
Highway Superintendent Roger A. Cleveland
Parks and Recreation Director Michael W. Jeffery
Planner Kurt Schwenzfeier
Town Clerk Gail Wolanin Young and Deputy
Clerk I Melody K. Fancett
Thereafter, a quorum was declared present for the transaction of business.
April 9, 2008
Page 2
The Town Clerk had available the Notice of Public Hearing, Affidavit of Posting and Proof of Publication (March 27, 2008 edition of the Observer Dispatch).
Town Clerk Young then invited Donald Ehre, P.E. and his client, Young-Duck Ahn to make their presentation; however, neither was in attendance at this time.
[NOTE: At 6:09 P.M. Donald Ehre, P.E. and his client, Mr. Ahn, arrived at the meeting.]
April 9, 2008
Page 3
Mr. Ehre stated that PHB zoning districts allow a grocery store but not a convenience store. His client proposes that the same minimum lot size and characteristics for grocery stores be allowed for convenience stores, contending that the product line is essentially the same. The second aspect is to permit convenience stores with gasoline service but the parcels would have to be twice as large, a minimum of one (1) acre of land because this type of use would require some buffer from neighboring lots. Gas stations take up space, and if permitted as a site plan review use or special permit use – because gas islands and access to islands take up more room and parking has to be there, his client has asked for slightly larger permeable area….same amount of green space but the parcel would be larger…more pavement and roof but the same amount of green space. The French-Burrstone Road PHB district is pretty much surrounded by other businesses; other than taking down some businesses, a person would have to take several lots or businesses to meet the minimum lot size – he wouldn’t expect any action in that area. Also, the stretch of PHB district from the Yahnundasis-Killabrew area westerly to Sangertown … those are all small lots, existing residential and he would dare to say it would take seven (7) parcels of contiguous land to get a one (1) acre parcel. Also, a certain amount of lot depth is needed.
Mr. Ehre had been informed that as part of the Town Master Plan process, the group (committee) decided to exclude this type of use (convenience stores); however, although he’s asked for proof of this, he’s received none.
Supervisor Reed apprised Messrs. Ehre and Ahn that calls to the Town Offices from the affected areas were pretty much against Mr. Ahn’s request for a Zoning Law text amendment. The Supervisor then invited more comments at which point Mr. Ehre asked to speak with his client and determine whether Mr. Ahn wanted to proceed. Mr. Ahn gave his approval to proceed.
Speaking in opposition to the proposal were:
April 9, 2008
Page 4
Donald Ehre interjected that his client would like to address the Town Board. Mr. Ahn said he’s been in the United States since 1974. He compared the price of gasoline in Virginia, where he resides, to the much-higher gasoline cost in New York State. Why should he have to have $3.57 a gallon in New York? He questioned why the Planning Board would deny his request for a Zoning Law text change for PHB districts. He said he’s not just talking about New Hartford people, but the convenience of people traveling through the area. Supervisor Reed responded, “… you are seeing democracy” ….people are here because they may not like the proposal. Mr. Ahn said that New Hartford must approve gas pump business for the people. He bought the land two (2) years ago and he asked the Board to think about the people.
Councilman Reynolds referred to the first gentlemen who said the Town needs a study. The Town has a Planning Board and Planner that address these issues. The Town is concerned how growth takes place within the town and the dominance of retail and commercial that takes over residential/agricultural areas. Councilman Reynolds acknowledged that Seneca Turnpike is still a two-lane highway and also understood the argument of “..why can’t we put a convenience store on Route 5” and that a similar rezoning request (as reported by the Town Planner) has already been turned down once.
Show of hands in favor of the adoption of Local Law Introductory “A” to amend the PHB Districts to include convenience stores (with or without gasoline service):
April 9, 2008
Page 5
Show of hands in opposition of the adoption of Local Law Introductory “A” to amend the PHB Districts to include convenience stores (with or without gasoline service):
Councilman Woodland informed the public that the Town has approached the NYS Department of Transportation about reduced speed but to no avail – the Town has to continue to push its representatives to look at this corridor.
An unidentified man inquired why notice of the public hearing wasn’t sent to more people on Homestead Road. Planner Schwenzfeier explained that, in accordance with the Zoning Law, property owners from the edge of PHB districts for a distance of 500 feet were notified, which explains why not everyone was notified on Homestead Road.
After further speaking with his client, Mr. Ehre stated that rather than the Town Board vote and go through this process, Mr. Ahn withdraws his application for a Zoning Law text amendment.
The Public Hearing was closed at 6:36 P.M. after which Councilman Woodland introduced the following Resolution for adoption, seconded by Councilman Reynolds:
(RESOLUTION NO. 86
OF 2008)
RESOLVED that the New Hartford Town Board does hereby accept Young-Duck Ahn’s withdrawal of his application for an amendment to PHB districts in the Town Zoning Law, specifically for the inclusion of convenience stores with/without gasoline service, and does hereby declared the application terminated.
Thereafter, the Town Board voted upon roll call, resulting as follows:
Councilwoman Krupa - Aye
Councilman Reynolds - Aye
Councilman Woodland - Aye
Councilman Payne - Aye
Supervisor Reed - Aye.
The Resolution was declared unanimously carried and duly ADOPTED.
Councilwoman Krupa introduced the following Resolution for adoption, seconded by Councilman Payne:
(RESOLUTION NO. 87
OF 2008)
RESOLVED that the New Hartford Town Board does hereby accept and approve as submitted the minutes of the Regular Town Board meeting held March 26, 2008 and does further waive the reading of the same.
Upon roll call, the Board members voted as follows:
Councilwoman Krupa - Aye
Councilman Reynolds - Aye
Councilman Woodland - Aye
Councilman Payne - Aye
Supervisor Reed - Aye.
Thereafter, the Resolution was declared unanimously carried
and duly ADOPTED.
Town
Code, Chapter 44:
(RESOLUTION NO. 88
OF 2008)
WHEREAS, on February 28, 2008, the Town Clerk received an application from Kenneth Jurek, Jr., Manager in behalf of UNO Restaurant Holdings Corporation, for permission to conduct a “block-party” to benefit the Utica Zoo on Wednesday, April 30, 2008, in the UNO’s parking lot in The Orchard shopping plaza; and
Page 7
WHEREAS, the Codes Enforcement Officer, Town Police Chief and the New York Mills Fire Chief have reviewed said application and find the contents therein to meet Chapter 44 of the Town Code,
NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of New Hartford does hereby approve the application of UNO Restaurant Holdings Corporation to conduct a “block party” in the UNO’s parking lot at The Orchard shopping plaza, said event to be held on April 30, 2008, and that the Town Clerk, having received the required Certificate of Insurance Liability, be, and she hereby is, directed to issue the permit under Chapter 44 (Assembly, Mass Public) of the Town Code.
The Supervisor polled the Town Board members who voted as follows:
Councilwoman Krupa - Aye
Councilman Reynolds - Aye
Councilman Woodland - Aye
Councilman Payne - Aye
Supervisor Reed - Aye.
Thereafter, the Resolution was declared unanimously carried
and duly ADOPTED.
The Town Clerk’s Office had also received an application from Midway Rides to conduct their annual Carnival upon the Home Depot property, French Road and the appropriate offices had reviewed this application with any concerns having been addressed. Thereafter, Councilman Payne offered the following Resolution for adoption; seconded by Councilwoman Krupa:
(RESOLUTION NO. 89
OF 2008)
WHEREAS, on April 2, 2008, the Town Clerk received an application from Dana Peck of Midway Rides of Utica, for permission to conduct a Carnival from Wednesday, May 7 through Sunday, May 11, 2008, upon the Home Depot premises at French Road; and
WHEREAS, the Codes Enforcement Officer, Town Police Chief and the New York Mills Fire Chief have reviewed said application and find the contents therein to meet Chapter 44 of the Town Code,
NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of New Hartford does hereby approve the application of Dana Peck/Midway Rides of Utica to conduct a Carnival upon premises owned by The Home Depot from May 7, 2008 through May 11, 2008, and that the Town Clerk, having received the required Certificate of
Page 8
Liability Insurance, be, and she hereby is, directed to issue the permit under Chapter 44 (Assembly, Mass Public) of the Town Code.
Upon roll call, the Town Board members voted as follows:
Councilwoman Krupa - Aye
Councilman Reynolds - Aye
Councilman Woodland - Aye
Councilman Payne - Aye
Supervisor Reed - Aye.
Thereafter, the Resolution was declared unanimously carried
and duly ADOPTED.
Town
Clerk:
In behalf of …………… Jeffery Madden, the Town Clerk presented the following Resolution for the Town Board’s consideration. Councilman Payne introduced the Resolution for adoption; duly seconded by Councilwoman Krupa:
(RESOLUTION NO. 90
OF 2008)
Make Model Serial No.
MAG Innovision LT916S LCD Monitor 700P F6EQ5A041562U
MAG Innovision LT916S LCD Monitor 700P F6EQ5A041770U
MAG Innovision LT916S LCD Monitor 700P F6EQ5A041804U
MAG Innovision LT916S LCD Monitor 700P F6EX5A041591U
And be it
FURTHER RESOLVED that the aforesaid equipment is hereby authorized to be disposed of at the Oneida-Herkimer Recycling Center.
The foregoing Resolution was voted upon by roll call as follows:
Councilwoman Krupa - Aye
Councilman Reynolds - Aye
Councilman Woodland - Aye
Page 9
Councilman Payne - Aye
Supervisor Reed - Aye.
Thereafter, the Resolution was declared unanimously carried
and duly ADOPTED.
Appointment – Clerk Sub
The Town Clerk received oral confirmation from Personnel Technician Barbara Aiello that the Oneida County Personnel Department had approved the employment application of Louise Skinner. Thereafter, Councilman Woodland introduced the following Resolution for adoption; seconded by Councilman Payne:
(RESOLUTION NO. 91 OF
2008)
RESOLVED that the New Hartford Town Board does hereby appoint Louise Skinner as a Clerk Sub in the secretarial pool effective April 21, 2008 at an hourly wage of Seven Dollars and Seventy-five Cents ($7.75), payable bi-weekly.
A roll call vote ensued:
Councilwoman Krupa - Aye
Councilman Reynolds - Aye
Councilman Woodland - Aye
Councilman Payne - Aye
Supervisor Reed - Aye.
Thereafter, the Resolution was declared unanimously carried
and duly ADOPTED.
Highway
Superintendent:
Upon recommendation of the Highway Superintendent, the following Resolution was offered for adoption by Councilman Payne and seconded by Councilman Reynolds:
(RESOLUTION NO. 92
OF 2008)
RESOLVED that the New Hartford Town Board does hereby authorize and direct the Town Supervisor to enter into and to execute the Roadside Mowing Agreement between the Town and the County of Oneida wherein the Town agrees to mow town and county roads within the Town of New Hartford during the 2008 Summer Season and the County agrees to furnish the mower that is to be attached to a town tractor and operated by a town employee, and as more fully defined in said Agreement.
Page 10
Upon roll call, the Board members voted as follows:
Councilwoman Krupa - Aye
Councilman Reynolds - Aye
Councilman Woodland - Aye
Councilman Payne - Aye
Supervisor Reed - Aye.
Thereafter, the Resolution was declared unanimously carried
and duly ADOPTED.
Upon the recommendation of the Highway Superintendent, Councilman Reynolds presented the following Resolution for adoption; seconded by Councilwoman Krupa:
(RESOLUTION NO. 93
OF 2008)
RESOLVED that the Town Board of the Town of New Hartford does hereby authorize and direct the Town Supervisor to execute the 2008 Pavement Marking Agreement between the Town of New Hartford and the Oneida County Department of Public Works wherein said County will provide road striping within the Town; the cost of which will be determined upon completion of the work.
Upon roll call, the Board members voted as follows:
Councilwoman Krupa - Aye
Councilman Reynolds - Aye
Councilman Woodland - Aye
Councilman Payne - Aye
Supervisor Reed - Aye.
Thereafter, the Resolution was declared unanimously carried
and duly ADOPTED.
The Highway Superintendent and Town Board briefly discussed the possibility of changing the debt service structure for the Higby Road Water District, but no action was taken at this time.
Upon recommendation of the Highway Superintendent, Councilman Reynolds introduced the following Resolution for adoption and Councilman Payne seconded same:
Page 11
(RESOLUTION NO. 94
OF 2008)
WHEREAS, the Town of New Hartford owns, operates and maintains traffic signals throughout the Town and;
WHEREAS, as a function of age, regulations, changes in traffic volume and/or turning movements, economic development projects, or by operational necessity, the traffic signals and appurtenances including but not limited to signal heads, signage, span wires, mast arms, support poles and controllers are, from time to time, required to be upgraded or replaced; and
WHEREAS, the Town desires to adopt traffic signal and appurtenances standards equivalent to that used and adopted by the New York State Department of Transportation for the purpose of conformity with established standards, operation and maintenance (O & M) and to effect transfer of O & M to the New York State Department of Transportation (NYSDOT) should NYSDOT request this transfer, and the Town be desirous of this transfer;
THEREFORE, BE IT RESOLVED that the Town of New Hartford does own traffic signals and appurtenances throughout the Town; and
RESOLVED that the Town, for the purposes of standardizing O & M, to comply with current applicable regulations, and to accommodate the possible transfer of the O & M to the NYS Department of Transportation, the Town of New Hartford does adopt the following industry accepted standards and any revisions thereto as relates to improvements to or installation of new traffic signals:
RESOLVED that any changes to or upgrades of existing traffic signals or installation of new traffic signals and appurtenances shall be implemented using and in accordance with the currently adopted standards of the NYS Department of Transportation.
The Supervisor polled the Board members who moved as follows:
Councilwoman Krupa - Aye
Councilman Reynolds - Aye
Page 12
Councilman Woodland - Aye
Councilman Payne - Aye
Supervisor Reed - Aye.
Thereafter, the Resolution was declared unanimously carried
and duly ADOPTED.
Upon request of the Highway Superintendent, the following Resolution was offered for adoption by Councilman Payne and duly seconded by Councilman Reynolds:
(RESOLUTION NO. 95
OF 2008)
Year Make/Model VIN
2005 Ford Pick-up Truck 1FTNF2159EB69664
And be it
FURTHER RESOLVED that the aforesaid vehicle is hereby authorized as a trade-in vehicle with regard to the January 22, 2008 Bid Opening for purchase of a 2008 Pick-up Truck; the Town Clerk’s office shall arrange to terminate insurance coverage on said vehicle.
The foregoing Resolution was voted upon by roll call as follows:
Councilwoman Krupa - Aye
Councilman Reynolds - Aye
Councilman Woodland - Aye
Councilman Payne - Aye
Supervisor Reed - Aye.
Thereafter, the Resolution was declared unanimously carried
and duly ADOPTED.
The Highway Superintendent explained that, in his Department’s preparation of the January 2008 bid packets using a template, the year and model of the trade-in vehicle was typed correctly (2005 Ford Pick-up Truck), but the VIN was incorrect, that is, the VIN was for a 2003 truck the Town no longer owns instead of for the 2005 trade-in vehicle. Superintendent Cleveland obtained signed documents from the two (2) bidders that they had no confusion as to the trade-in vehicle and resultant preparation of their respective bids and he has those two (2) statements.
Page 13
Upon request of the Highway Superintendent, the following Resolution was offered for adoption by Supervisor Reed and duly seconded by Councilman Reynolds:
(RESOLUTION NO. 96
OF 2008
Year Make/Model VIN
1999 Ford Crown Victoria 2FAFP71WXXX185791
And be it
FURTHER RESOLVED that the aforesaid vehicle shall be placed for sale on e-Bay and once sold, the Town Clerk’s office shall be notified and shall arrange to terminate insurance coverage on said vehicle.
The foregoing Resolution was voted upon by roll call as follows:
Councilwoman Krupa - Aye
Councilman Reynolds - Aye
Councilman Woodland - Aye
Councilman Payne - Aye
Supervisor Reed - Aye.
Thereafter, the Resolution was declared unanimously carried
and duly ADOPTED.
The Highway Superintendent had met with Councilmen Payne and Reynolds to discuss the possibility of making an on-site walk through of the Kellogg Road Community Center to determine how much upgrade the Town might want to invest in the building. The tour is set for Monday, April 14, 2008 at 5:30 P.M. By closing this building for the winter months, the Town saved $1700 in utility costs, according to the Supervisor. The total savings will be close to $2,000 by the time all bills are received. This building will be open for public use beginning May 1, 2008.
Upon explanation of the Highway Superintendent, Councilman Payne offered the following Resolution for adoption; seconded by Councilman Woodland:
Page 14
(RESOLUTION NO. 97
OF 2008)
WHEREAS, the Town of New Hartford owns and operates a traffic
signal at the intersection of County Rte. 30 (Middle Settlement Rd.) and County
Rte. 21 (Clinton Street); and
WHEREAS, a traffic study performed by COR Development Company for an economic development project (Project) at this intersection that included Lowe’s Home Center, Yager Apple Retail Store and a restaurant, recommended improvements to the traffic signal; and
WHEREAS, the Project is located within the boundary of the Seneca Turnpike- Commercial Drive Generic Environmental Impact Statement (GEIS), and the Project subject to Fees In Lieu of Mitigation to progress mitigation of off-site issues of environmental significance; and
WHEREAS, New York State Department of Transportation (NYSDOT) has expressed a desire to acquire operation and maintenance (O&M) of the traffic signal (Exhibit A) for traffic flow, access to NYS Route 840 and safety reasons; and
WHEREAS, the Town is desirous of NYSDOT assuming O&M of the subject traffic signal; and
WHEREAS, for NYSDOT to assume O&M responsibility, improvements to the traffic signal exceed the improvements approved in the Town Planning Board’s site plan approval by $29,351.82 (Exhibit B).
THEREFORE, BE IT RESOLVED that the Town of New Hartford has been contacted by NYSDOT in regards to NYSDOT assuming O&M of the traffic signal at the intersection of County Rte. 30 and County Rte. 21; and
RESOLVED that the Town is desirous of this transfer of O&M; and
RESOLVED improvements required to be made to the traffic signal by COR Development Company as a function of Town Planning Board site plan approval do not incorporate all the improvements required by NYSDOT to have the transfer of O&M effected; and
RESOLVED that the Town has determined that additional work valued at $29,351.82 is required to effect the transfer of O&M to NYSDOT; and
Page 15
RESOLVED that the Town Board does direct payment to COR of a maximum amount of $29,351.82 to install additional improvements required for NYSDOT to acquire O&M, based upon review and approval of invoices from COR for the additional improvements to the subject traffic signal, and that said monies shall be paid from the transportation/highway category of the offered Fees In Lieu of Mitigation of the Seneca Turnpike-Commercial Drive GEI; and
RESOLVED that the Town Bookkeeper shall transfer a maximum of $29,351.82 from the appropriate Trust and Agency Account to an appropriate operating account, and pay COR a maximum of $29,351.82 based upon submitted and approved invoices for the installed additional improvements.
Upon roll call, the Board members voted as follows:
Councilwoman Krupa - Aye
Councilman Reynolds - Aye
Councilman Woodland - Aye
Councilman Payne - Aye
Supervisor Reed - Aye.
Thereafter, the Resolution was declared unanimously carried
and duly ADOPTED.
Upon explanation of the Highway Superintendent, Councilman Payne introduced the following Resolution for adoption; seconded by Councilwoman Krupa:
(RESOLUTION NO. 98 OF
2008)
WHEREAS, the New York State Department of Environmental Conservation (NYSDEC) has issued a Consent Order, No. R6-20060823-67, against Oneida County; and
WHEREAS, the Town of New Hartford is one of nine member municipalities of the Oneida County Sewer District and is subject to the requirements of the Consent Order; and
WHEREAS, the Consent Order stipulates a 5:1 removal ratio from the district’s collection system tributary to the Sauquoit Creek Pump Station for any new connection to the sanitary sewer system, and for significant increases sanitary sewage flow resulting from a change in use of a property whose sanitary flow is tributary to the Sauquoit Creek Pump Station; and
Page 16
WHEREAS, the Consent Order mandates the County to prepare an Inflow and Infiltration (I/I) Offset Plan (Plan) which lays out an initial approach for (I/I) removal from the collection system that will allow, based on the 5:1 removal ratio, a commensurate amount of economic development to continued; and
WHEREAS, NYSDEC has approved the April 2, 2008 Inflow and Infiltration (I/I) Offset Plan submitted by Oneida County (Exhibit A); and
WHEREAS, the Plan provides for member municipalities to implement I/I removal projects that are approved by the County and that will result in the generation of offset flow credits, and to deposit those offset flow credits into a municipal offset credit bank that will be administered by the County; and
WHEREAS, the Plan provides for each member municipality, via application to and permission from the County, to sell those flow credits to a developer in need of flow credits to construct an economic development project; and
WHEREAS, the Plan allows for each member municipality to establish a sale price for each gallon of flow credit; and
WHEREAS, the Town of New Hartford has developed criteria for establishing the sale price for each gallon of flow credit;
THEREFORE, BE IT RESOLVED that the Town of New Hartford, being a member of the Oneida County Sewer District, is subject to the mandates of a New York State Department of Environmental Conservation (NYSDEC) Consent Order No. R6-20060823-67 against Oneida County; and
RESOLVED that, in compliance with the mandates of said Consent Order, an Infiltration and Inflow (I/I) Offset Plan (Plan) was submitted by Oneida County to NYSDEC and has now been accepted by NYSDEC; and
RESOLVED that said Plan allows for the municipal district members to implement certain I/I removal projects, and by the completion of those projects to generate offset flow credits that will be deposited in the municipality’s offset flow credit bank, and that with the permission of the County, to sell those flow credits to developers needing said credits to progress economic development projects; and
RESOLVED that the Town of New Hartford does establish a price of Four Dollars ($4.00) per gallon of flow credit, flow credit being defined as the actual amount of new or increased sanitary sewage flow generated per day by the economic development project and as approved by the County for that economic development project, as opposed to the
Page 17
amount of I/I required to be removed from the collection system to meet the 5:1 offset ratio; and
RESOLVED that the 5:1 offset ratio computation may be diminished by twenty (20) percent if the developer can substantiate to the Town Codes Enforcement Officer that low flow plumbing fixtures are installed throughout the structure, if new, and that all plumbing fixtures are replaced with low flow fixtures in renovated structures; and
RESOLVED that the Four Dollar ($4.00) sale price shall be for all types of economic development projects determined to be subject to the offset credit requirement, excepting residential strip development on building lots existing on the date of adoption of this resolution; those offset credits shall be computed at a rate of Two Dollars ($2.00) per gallon; and
RESOLVED that all single family residential shall be computed using the standard of four (4) bedrooms per residential unit, equating to a flow rate of 475 gpd, or as subsequently modified by NYSDEC; and
RESOLVED that the monies realized by the Town through the sale of offset credits shall be deposited in a special sewer account designated specifically for funds to advance additional I/I removal projects; and
RESOLVED that the Town of New Hartford retains the right to change or modify the established price per gallon for offset flow credits at any time, but resolves to review the established price, at a minimum, on a bi-annual basis.
The foregoing Resolution was duly put to a vote upon roll call, resulting as follows:
Councilwoman Krupa - Aye
Councilman Reynolds - Aye
Councilman Woodland - Aye
Councilman Payne - Aye
Supervisor Reed - Aye.
The Supervisor declared the Resolution unanimously carried and duly adopted.
Upon request of the Highway Superintendent, Councilman Payne offered the following Resolution for adoption; seconded by Councilman Reynolds: