REGULAR MEETING OF THE TOWN BOARD
OF THE TOWN OF NEW
HARTFORD, NEW YORK
HELD AT BUTLER
MEMORIAL HALL IN SAID TOWN
ON WEDNESDAY,
APRIL 22, 2009 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 PRESENT:
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 PRESENT:
Codes Enforcement Officer Joseph Booth
Highway Superintendent Richard C. Sherman
Parks and Recreation Director Michael W. Jeffery
Planner Kurt L. Schwenzfeier
Senior Engineering Technician John Meagher
Town Clerk Gail Wolanin Young and Deputy Clerk
Melody K. Fancett
Thereafter, a quorum was declared present for the transaction of business.
PUBLIC
PRESENTATIONS (Public Comments)
There were none.
Highway
Superintendent:
Upon recommendation of the Highway Superintendent, the following Resolution was introduced for adoption by Councilman Payne and duly seconded by Councilman Reynolds:
(RESOLUTION NO. 75
OF 2009)
WHEREAS, Wayne Rich had been appointed on April 8, 2009 as a Highway Department seasonal laborer for the 2009 Summer Season; and
WHEREAS, Wayne Rich has subsequently declined said employment;
REGULAR TOWN BOARD MEETING
April 22, 2009
Page 2
NOW, THEREFORE, BE IT RESOLVED that the New Hartford Town Board does hereby appoint Steven Kuhn, a first year employee, to fill the vacancy of seasonal Highway Department Laborer created by the declination of Wayne Rich; Steven Kuhn’s hourly rate of pay is hereby established at Eight Dollars and Twenty-five Cents ($8.25), payable bi-weekly, commencing in mid May 2009 and ending August 31, 2009.
Whereupon, the Town Board voted upon roll call:
Councilwoman Krupa - Aye
Councilman Reynolds - Aye
Councilman Woodland - Aye
Councilman Payne - Aye
Supervisor Reed - Aye.
The Resolution was then declared unanimously carried and
duly ADOPTED.
Sewer Line Replacement –
Commercial Drive (NYS Route 5A)
Highway/Sewer Superintendent Sherman reported that easements are being obtained with regard to this project.
Upon recommendation of the Highway Superintendent, Councilman Woodland presented the Roadside Mowing Agreement and moved its adoption; seconded by Councilwoman Krupa:
(RESOLUTION NO. 76
OF 2009)
RESOLVED that the New Hartford Town Board does hereby authorize and direct the Town Supervisor and the Highway Superintendent to enter into and to execute the Roadside Mowing Agreement between the Town of New Hartford and the County of Oneida wherein the Town agrees to mow town and county roads within said Town during the 2009 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.
The County agrees to reimburse the Town for labor and expenses at $300.00 per mile, the total cost not to exceed $6,144.00. Thereafter, Town Board voted upon roll call as follows:
Councilwoman Krupa - Aye
Councilman Reynolds - Aye
Councilman Woodland - Aye
REGULAR TOWN BOARD MEETING
April 22, 2009
Page 3
Councilman Payne - Aye
Supervisor Reed - Aye.
The Resolution was declared unanimously carried and ADOPTED.
Upon presentation by the Highway Superintendent, Councilwoman Krupa offered the following Resolution for adoption; seconded by Councilman Payne:
(RESOLUTION NO. 77
OF 2009)
RESOLVED that the New Hartford Town Board does hereby agree to enter into an Agreement with the Village of New York Mills for the three (3) year period commencing May 1, 2009 and terminating December 31, 2012, wherein the Town of New Hartford will provide fuel to said Village for utilization in its vehicles belonging to and performing services for said Village, at the rate of the actual purchase cost to the Town plus five cents ($.05) per gallon; and be it
FURTHER RESOLVED that the Town Supervisor is hereby authorized and directed to execute the above-referenced Agreement.
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.
The Resolution was declared unanimously carried and ADOPTED.
Highway Superintendent Sherman acknowledged that the Town has secured four (4) easements and is awaiting two (2) additional easements on Woodberry; when all easements have been obtained, Superintendent Sherman will present the contract for signature. Shumaker Consulting and Planner Kurt Schwenzfeier have met with and addressed the questions of some residents who might be affected during implementation of this project.
Upon recommendation of the Highway Superintendent, the following Resolution was
REGULAR TOWN BOARD MEETING
April 22, 2009
Page 4
offered for adoption by Councilman Reynolds and duly seconded by Councilwoman Krupa:
(RESOLUTION NO. 78
OF 2009)
Year Make/Model VIN
1988 Mack Dump Truck 2M2S197C2JC001019
with plow and wings
And be it
FURTHER RESOLVED that the aforesaid vehicle/equipment 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 vehicles.
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.
The Resolution was declared unanimously carried and duly ADOPTED.
Highway Superintendent Sherman and a representative from the New York State Department of Transportation performed an on-site inspection of sidewalks in Chadwicks, from the area of St. Anthony of Padua Church northerly to the Red Hill Road intersection. Under the Federal Stimulus Program, monies are available to replace existing sidewalks that are in disrepair.
Stormwater
Management (Advisory) Improvement Committee:
Committee
Vacancies
Highway
Superintendent Sherman announced that Douglas Peterson and Frank Montecalvo
have resigned as members of the Stormwater Management (Advisory)
REGULAR TOWN BOARD MEETING
April 22, 2009
Page 5
Improvement
Committee. After advertising vacancies
on this Committee, the Town Clerk received applications from Stephen Donachie
and Robert Lewis, both of who will
be invited to the next Committee meeting to determine if they are
interested in serving on this Committee.
The Town Board will then make the necessary appointments.
This drainage situation has been referred to Joanne Faulkner of the
Oneida County Soil & Water Agency to determine if any work can be done by
that agency.
Codes
Enforcement Officer:
Upon request of Codes Enforcement Officer Booth, the following Resolution was offered for adoption by Councilman Reynolds and duly seconded by Councilman Woodland:
(RESOLUTION NO. 79
OF 2009)
RESOLVED that the Town Board of the Town of New Hartford does hereby authorize the Codes Enforcement Officer to purchase from the National Fire Protection Association, Avon, MA, six (6) volumes of codes regulations to replace outdated volumes; the cost of these books totals $301.90.
The Supervisor polled the Board members who voted 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.
Codes Enforcement Officer Booth announced that Assistant Codes Officer Thomas Rowlands has received the mandatory, annual twenty-four (24) hours of training required to maintain certification as a Codes Officer; he attended school in Rochester. Codes Officer Booth has received fifteen (15) hours of training this year and will achieve the remaining nine (9) hours through an organization of which he is a member.
Police
Chief:
REGULAR TOWN BOARD MEETING
April 22, 2009
Upon recommendation of Police Chief Philo, the following Resolution was introduced for adoption by Councilman Reynolds and seconded by Councilman Payne:
(RESOLUTION NO. 80
OF 2009)
WHEREAS, a vacancy exists in a Part-time Animal Control Officer position due to the retirement of Shawn Morgan and the promotion of Nicholas Morosco as full-time Animal Control Officer (ACO);
NOW, THEREFORE, BE IT RESOLVED that the New Hartford Town Board does hereby appoint James Zwijacz as a Part-time Animal Control Officer effective Sunday, April 26, 2009 at an hourly rate of Eleven Dollars and Ninety-five Cents ($11.95), for a maximum of twenty (20) hours weekly; wages shall be paid bi-weekly.
A roll call vote was duly held 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:
The following Resolution was introduced for adoption by Councilman
Reynolds and duly seconded by Councilman Payne:
(RESOLUTION NO. 81 OF 2009)
WHEREAS, on April 8, 2009 the Town Board of the Town
of New Hartford appointed Julius V. Fuks, Jr. and G. Brymer Humphreys as
members of the Town Planning Board to fill existing vacancies;
NOW, THEREFORE,
BE IT RESOLVED that said
Town Board does hereby clarify that Julius V. Fuks, Jr. was appointed to fill
the unexpired member term of office of Hans G. Arnold and that Mr. Fuk’s
appointment shall become effective on April 9, 2009 and terminate on December
31, 2009; and be it
REGULAR TOWN BOARD MEETING
April 22, 2009
Page 7
FURTHER RESOLVED
that the said Town Board
does hereby clarify that G. Brymer Humphreys was appointed to fill the vacancy
created by the expiration of the member term of office of Robert Imobersteg,
the former incumbent thereof; and that Mr. Humphreys’ seven-year appointment
shall become effective April 9, 2009 and terminate on December 31, 2015.
A roll call vote
ensued:
Councilwoman Krupa - Aye
Councilman Reynolds - Aye Councilman Woodland - Aye
Councilman Payne - Aye
Supervisor Reed - Aye.
The Resolution was declared unanimously carried and duly ADOPTED.
Councilman Payne:
The Town Planner is working on the legal and financial aspects of the
six (6) abandoned cemeteries in the Town.
An Eagle Scout has expressed interest in taking on the project for a
merit badge. The Town Planner will be
the “point” person for the project.
Financial:
On recommendation of the Town Supervisor, Councilwoman Krupa presented
the following Resolution for adoption; seconded by Councilman Woodland:
(RESOLUTION NO. 82 OF 2009)
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, which had been duly audited by the Town Board:
General Fund Whole-Town Police Abstract #15A
Voucher AA658 $ 18.29
General Fund Whole-Town abstract
#16
Vouchers AA659-AA662 $ 6,541.78
General Fund Whole-Town Police Abstract #16A
Vouchers AA686-AA698 $ 6,492.82
REGULAR TOWN BOARD MEETING
April 22, 2009
Page 8
General Fund Whole-Town Abstract #17
Voucher AA706 $ 435.52
General Fund Whole-Town Abstract #19
Vouchers AA664-AA685;
AA699-AA705;
AA707-AA739 $226,011.16
General Fund Part-town Abstract #13
BB73-BB79 $ 1,005.40
Sewer Fund Abstract #11
Vouchers SS28-SS29 $ 9,174.79
Stormwater Capital Abstract #6
Vouchers HU10-HU12 $ 5,718.00
Street Lighting Abstract #3
Voucher SL5 $ 7,439.59
Fire District Abstract #3
Voucher
SF3 $ 1,971.60
TOTAL: $251,774.06
Upon roll call, the
Board members voted 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.
The following Resolution was introduced for adoption by Councilman
Reynolds and duly seconded by Councilwoman Krupa:
(RESOLUTION NO. 83 OF 2009)
WHEREAS, the Town of New Hartford has a current
policy, practice and procedure with regard to collecting and spending FILM; and
WHEREAS, the Town Board is desirous of updating those
policies, practices and procedures in accordance with the new GEIS, the updates
to the existing GEIS, the Town’s Master Plan, the Town’s contemplated Capital
Improvement Program, current
REGULAR TOWN BOARD MEETING
April 22, 2009
Page 9
case law and the
policies, practices and procedures adopted by other municipalities around the
State of New York and elsewhere; and
WHEREAS, to that end, assistance is required from a
person or persons familiar with past Town practices with regard to FILM, basic
knowledge and understanding of the current GEIS, the updates to existing GEIS,
the Town’s Master Plan, the Town’s contemplated Capital Improvements Program
and the policies, practices and procedures adopted and exercised in other
municipalities in and around the State of New York; and
WHEREAS, Roger Cleveland, former Highway
Superintendent, is such a person with the requisite background, knowledge,
experience and time to effectively and efficiently assist the Town in this
regard; and
WHEREAS, Mr. Cleveland has submitted a written proposal (attached Exhibit A) outlining the scope of work, cost to the Town and a time frame within which the desired work will be completed; and
WHEREAS, the Town of New Hartford is under mandate of
the New York State Department of Environmental Conservation Consent Order #R620060823-67 as relates to, among other
things, I/I remediation in the Town and elsewhere throughout the Sauquoit Creek
Basin Sewer District; and
WHEREAS, to that end, assistance is required from a
person or persons familiar with said Consent Order as well as past and future
I/I remediation projects in the Town and elsewhere; and
WHEREAS, Roger Cleveland, former Highway
Superintendent, is such a person with the requisite background, knowledge,
experience and time to effectively and efficiently assist the Town in this
regard; and
WHEREAS, Mr. Cleveland has submitted a written
proposal (attached Exhibit A) outlining the scope of work, cost to the Town and
a time frame within which the desired work will be completed;
NOW, THEREFORE, the Town Board does hereby resolve to retain
the services of Roger Cleveland, former Highway Superintendent, to render
assistance to the Town Attorney, the Planner and the Senior Engineer in
researching and collecting data and information from other municipalities,
analyzing such data and information and formulating Town Board policy with
regard to (1) the expenditure of FILM
monies and (2) I/I remediation as prescribed in the DEC Consent Order Case
#R620060823-67 relating to the Sauquoit Creek Basin Sewer District and its
member municipalities;
REGULAR TOWN BOARD MEETING
April 22, 2009
Page 10
Mr. Cleveland is to
receive $1,800 for his collective work on both these two (2) separate projects
as described in his proposal and is to complete his work in 4 – 6 weeks.
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.
The Supervisor declared the Resolution unanimously carried and duly ADOPTED.
The Town Clerk was
directed to place this Resolution and Exhibit A on the Town’s website.
Councilman Reynolds introduced the following Resolution for adoption and Councilwoman Krupa seconded same:
(RESOLUTION NO. 84
OF 2009)
RESOLVED that the New Hartford Town Board does hereby move to enter into an Executive Session to discuss information relating to current/future investigation or prosecution of a potential criminal offense and matters that imperil public safety.
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. All persons present, including the news media, were then excused from the meeting at 6:28 P.M. The Town Clerk was asked to remain in the event the Town Board wanted to take action after the Executive Session; the Town Attorney and Police Chief were asked to remain for the Executive Session.
Councilwoman Krupa then offered the following Resolution for adoption and Councilman Payne seconded same:
REGULAR TOWN BOARD MEETING
April 22, 2009
Page 11
(RESOLUTION NO. 85
OF 2009)
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:
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; the Executive Session ended at 7:34 P.M. The regular portion of the Town Board meeting was immediately reconvened and the public invited to return to the Board meeting.
There being no further business to come before the Town Board, upon
motion of Councilman Reynolds, seconded by Councilwoman Krupa, the meeting
adjourned at 7:34 P.M.
Respectfully submitted,
Gail Wolanin Young, Town Clerk