REGULAR MEETING OF THE TOWN BOARD
OF THE TOWN OF NEW
HARTFORD, NEW YORK
HELD AT BUTLER
MEMORIAL HALL IN SAID TOWN
ON WEDNESDAY,
SEPTEMBER 30, 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:
Director of Budget Heather Mowat
Highway Superintendent Richard C. Sherman
Parks and Recreation Director Michael W. Jeffery
Planner Kurt L. Schwenzfeier
Police Chief Raymond Philo
Senior Engineering Technician John Meagher
Town Clerk Gail Wolanin Young
Thereafter, a quorum was declared present for the transaction of business.
6:01 P.M. Taking
of 0.015 acres from National Grid
on
or near Woods Road
The Town Supervisor opened the Public Hearing at 6:01 P.M. and the Town Clerk had available the Notice of Public Hearing, Proof of Publication (5 successive publications in the Observer Dispatch) and Affidavit of Posting with regard to the taking of approximately 0.015 acres of the 6.99 acre parcel of land owned by National Grid located on or near Woods Highway, bearing Tax Map No. 328.000-3-8 which, if adopted, would allow necessary road and other public improvements in conjunction with the development of the New Hartford Business Park.
Senior Engineering Technician John Meagher explained there is a small parcel of land owned by National Grid in the vicinity of Woods Highway/New Hartford Business Park which would be essential to make the necessary road and other public improvements as stated above. Technician Meagher read correspondence dated September 23, 2009 to the Town Clerk from Patricia Scofield, Real Estate Representative for National Grid, who acknowledged receipt of the Town Clerk’s September 17, 2009 correspondence to Frank Sciortino, Real Estate Supervisor for Niagara Mohawk Power Corporation, DBA National Grid regarding the September 30, 2009 Public Hearing. Ms. Schofield advised that no one from Niagara Mohawk Power Corporation (National Grid) would be attending the Public Hearing and that they are in agreement with the proposed taking.
Town Officials and the Town Attorney had previously discussed the matter with National Grid representatives.
There having been no one who appeared to speak for, against or to comment upon the proposed taking of the aforesaid land, the Town Supervisor declared the Public Hearing closed at 6:05 P.M.
Thereafter, Councilwoman Krupa offered the following Resolution for adoption, seconded by Councilman Woodland:
(RESOLUTION NO. …
OF 2009)
RESOLVED that the Town Board of the Town of New Hartford does hereby approve the taking of approximately 0.015 acres of the 6.99 acre parcel of land owned by National Grid located on or near Woods Highway, bearing Tax Map No. 328.000-3-8 which would allow necessary road and other public improvements in conjunction with the development of the New Hartford Business Park.
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.
The Resolution was then declared unanimously carried and duly
ADOPTED.
6:06 P.M. Local Law Introductory “F” of 2009
Town Code, Chapter 113, Vehicles
& Traffic
Supervisor Reed opened the Public Hearing at 6:06 P.M.; the Town Clerk had available the Notice of Public Hearing with attached Local Law Introductory “F” of 2009, the Affidavit of Posting and Proof of Publication (September 23, 2009 edition of The Observer Dispatch). The purpose of the Public Hearing was to offer the residents an opportunity to speak in favor of, in opposition to, or to comment upon Local Law Introductory “F” which, if adopted, would amend the Town Code, Chapter 113 entitled Vehicles and Traffic, by adding Wilbur Road North to Section 113-45. Schedule XI: Parking Prohibited at All Times.
Police Chief Raymond Philo explained that this legislation would establish a no parking zone on Wilbur from the NYS Route 12 Arterial to Ontario Ave because cars exiting the Arterial are coming off at a high rate of speed, sight distance is a problem, and it is a public safety hazard for motorists.
The Town Supervisor inquired if anyone present wished to speak in the matter; no one having come forth, the Public Hearing was closed at 6:07 P.M.
Councilman Reynolds then moved that Local Law Introductory “F” of 2009 be adopted as Local Law No. Nine of 2009 in the following format; seconded by Councilman Payne:
Town of New Hartford, New York
Local Law No. Nine of 2009
A Local Law to amend the Code of the Town of New Hartford, Chapter
113 thereof entitled VEHICLES AND TRAFFIC, by adding Wilbur
Road North to Section
BE IT ENACTED by the Town Board of the Town of New Hartford as follows:
Section 113-45. Schedule XI: Parking Prohibited at ALL Times
NAME OF STREET SIDE LOCATION
Wilbur Road North East from where the State Route 12 Right-
Of-way ends and it becomes a town
Road, north to the intersection with
Ontario Ave
SECTION 2. All other provisions of Chapter 113 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.
The Town Board members then voted as follows:
Councilwoman Krupa - Aye
Councilman Reynolds - Aye
Councilman Woodland - Aye
Councilman Payne - Aye
Supervisor Reed - Aye.
Thereafter, the Supervisor declared Local Law Introductory “F” of 2009 unanimously carried and duly ADOPTED as Local Law No. Nine of 2009.
PUBLIC
PRESENTATIONS (Public Comments)
Mary Johns of Mohawk Street, near the Town of New Hartford/Paris boundary, was present with a small group of supporters and presented seventeen (17) Petitions bearing signatories of area residents as well as out-of-town individuals who traverse Mohawk Street on a regular basis; in addition, the following letters were submitted in support of a lower speed limit:
Police Chief Philo acknowledged having conversations with Mrs. Johns, Paris Town Board members and Oneida County Traffic Safety with regard to speed volumes. Chief Philo also cited:
Chief Philo “…would support and ask the Town Board to request a comprehensive study….this is a County road and we must get their support.” The current speed limit is 55 miles per hour and it reduces to 30 miles per hour about 3/10th of a mile before Pinnacle Road in the hamlet of Sauquoit (Town of Paris).
Councilman Payne then introduced the following Resolution for adoption; seconded by Councilwoman Krupa:
(RESOLUTION NO. …
OF 2009)
RESOLVED that the Town Board of the Town of New Hartford does hereby authorize the Town Clerk to submit the Town’s request that the Oneida County Department of Public Works and the New York State Department of Transportation, pursuant to Section 1622.1 of the Vehicle and Traffic Law, conduct a comprehensive traffic study along Mohawk Street, a County highway, from its intersection with Higby Road southeasterly to the Town of New Hartford-Town of Paris boundary line, taking into consideration vehicular speed and characteristics of the roadway.
Roberts Road resident Walter Dluginski asked that the intersection of Mohawk Street and Roberts Road be looked at for sight distance; he believed a 4-way stop intersection is warranted. It was explained that this intersection would be included as the Town is asking for a comprehensive study along Mohawk Street. Upon inquiry of Councilman Payne, the Town Clerk and Police Chief explained the timeframe involved in such a request. Thereafter, the foregoing Resolution was duly put to a vote upon roll call as follows:
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.
Upon request of Parks and Recreation Director Michael Jeffery who received approval from the Town’s Personnel Technician and the Oneida County Department of Personnel, the following Resolution was introduced for adoption by Councilman Reynolds and duly seconded by Councilman Payne:
(RESOLUTION NO. …
OF 2009)
RESOLVED that the Town
Board of the Town of New Hartford does hereby appoint the following individuals
as Part-time, Seasonal Ice Attendants in the Recreation Center, effective
October 3, 2009 for the wages set opposite their several names; payable
bi-weekly:
Christopher Luker $ 7.60
Daniel M. Dreimiller $ 7.60
Jason Fitzgerald $ 7.60
Sara Ahrendtsen $ 7.60
Andrew Crumrine $ 7.60
Kelsey Evans $ 7.60
Samantha North $ 7.60
Alexander Fukes $ 7.60.
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.
Parks and Recreation Director Michael Jeffery had received a request from the Pop Warner Football organization, asking that the Town consider renaming the practice field as the Nevits Field in honor of William Nevits, a 45+ year volunteer for that organization. After a brief discussion, Councilman Reynolds offered the following Resolution for adoption; seconded by Councilman Payne:
(RESOLUTION NO. …
OF 2009)
RESOLVED that the New Hartford Town Board does hereby accept the request of the New Hartford Pop Warner Football organization to rename a practice field in the Sherrillbrook Park and said Town Board does hereby rename said practice field as the Nevits Field in honor of William Nevits, a 45+ year volunteer for that organization; the renaming of this field shall be at no cost to the Town of New Hartford.
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.
The Resolution was then declared unanimously carried and
duly ADOPTED.
The Parks and Recreation Director had reviewed three (3) ice rental contracts with the Director of Budget and the Town Attorney needs to review these documents; Director Jeffery requested Board approval contingent upon the Town Attorney’s review. The following Resolution was introduced for adoption by Councilman Payne and duly seconded by Councilman Woodland:
(RESOLUTION NO. ..
OF 2009)
RESOLVED that the New Hartford Town Board does hereby authorize and direct the Town Supervisor to enter into and to execute Ice Rental Agreements for the 2009-2008 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.
Said authority to enter into and to execute the referenced Agreements is
contingent upon the Town Attorney’s review and approval of the
Agreements.
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 then declared unanimously carried and
duly ADOPTED.
Highway
Superintendent:
Upon recommendation of Town Attorney Gerald Green, this matter was tabled until Attorney Green talks with the Oneida County Attorney and the County comes up with a recommendation. The County is asking that the Town of New Hartford expand their plowing/sanding on Red Hill Road, into the Town of Kirkland and ending at the NYS Route 12-Chuckery Corners intersection; and on Middlesettlement Road from BOCES down Clinton Street to the school (Town of Whitestown). Highway Superintendent Sherman stated that the Towns of Whitestown and Kirkland are not signing the contracts this year because of the mileage rate.
Elm Street, Chadwicks Bridge – Sauquoit Creek cleaning
The Highway Department had obtained the necessary permit from the NYS Department of Enviromental Conservation that allowed the Highway crews to clean a section of the Sauquoit Creek under the bridge from tree limbs, debris, etc.
Work being performed by Fred Burrows Trucking and Excavating in the area of Woodberry-Oxford Roads is Ninety-nine Percent (99%) finished; some shrubbery plantings remain as well as a row fence that needs to be replaced. The fence is on order and the contractor will install it.
Oxford Road and Kellogg Road Stormwater Detention Project
This project, awarded to Murphy Excavating, has started.
Highway Superintendent Sherman announced that the next Stormwater Management (Advisory) Improvement Committee has been tentatively scheduled for October 13, 2009, at which time he will recommend a third project. Councilwoman Krupa stated there is an area of concern in her District and suggested that the Committee might review this area and offer a recommendation.
Councilwoman Krupa discussed the NYS Department of Environmental Conservation Consent Order/flow credits. On September 24, 2009 preliminary estimates are expected in order to comply with the DEC Consent Order. All municipalities own their own sewers and are being told there is no money and no money at the State/Federal level to offset the restoration costs. Oneida County is looking at a consumption-based increase surcharge that would cost homeowners about One Hundred Dollars ($100) on next year’s bill and in four years, the surcharge could be as much as $600 a year. Councilwoman Krupa requested that this matter be added to the Town’s capital plan, as it ties into stormwater because stormwater is infiltrating the sanitary sewer system. Stormwater has to be addressed in conjunction with the sanitary sewer system, she stressed.
REPORTS
OF TOWN OFFICIALS (Cont’d)
Planner Schwenzfeier reported that Seneca Turnpike Liquors, 8630 Seneca Turnpike, New Hartford, is adding onto the back of its warehouse; no additional site work is needed and no retainer is being required. The company has offered Fees In Lieu of Mitigation in the amount of $1,502.40 for the following categories: highway, land use, domestic water, sanitary sewer, stormwater. Since the Town Attorney had not reviewed these documents, the Town Board asked the Town Clerk to forward the proposed Pre-Development Agreement and MOU to Attorney Green for his review and “sign off” before they authorize the Town Supervisor to execute these documents.
Proposed Zoning Law Amendments (Nonconforming use of buildings)
Codes Enforcement Officer Joseph Booth will be submitting proposed legislation to amend the Town Code, Chapter 118 entitled Zoning, to address non-conforming residential and commercial structures. Because zoning classifications have changed over the years, some residential property owners can no longer obtain financing, refinancing and/or homeowners insurance, which is not fair to the owners of single family homes.
The Town Clerk presented the following Resolution that was introduced for adoption by Councilman Reynolds and duly seconded by Councilwoman Payne:
(RESOLUTION NO. …
OF 2009)
RESOLVED that the New Hartford Town Board does hereby grant permission to the American Red Cross, 1415 Genesee Street, Utica, New York, an organization duly granted a Games of Chance Identification Number by the New York State Racing and Wagering Board, to sell raffle tickets within the Town of New Hartford, 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 Board voted as follows:
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.
Town Clerk Gail Wolanin Young acknowledged receipt today of the 2010 Tentative Budget and she presented copies to each Board member.
Director
of Budget:
Director of Budget Heather Mowat stated that the 2010 Tentative Budget is only Three Hundred Thousand Dollars ($300,000) more than the 2009 Annual Budget. The calculated General Fund tax rate is $3.38 per one thousand dollars of assessed valuation, a 54.3% over the current $2.19 rate. A power point presentation was then made.
The Director of Budget stated that in the 2009 Annual Budget, there was an over-estimation of the sales tax revenue to be received versus what was actually received in the first two (2) quarters of 2009. Department heads were asked to submit their 2010 Budget Estimates and discussions were held with Department Heads on how to cut expenses…this was done at staff level versus Town Board level. The Town Supervisor requested that the 2010 Budget be made as lean as possible .. with no layoffs, no consolidation, no fee increases except parks (summer program). Health care expense is up by $375,000 over the four (4) funds, a Fourteen Percent (14%) increase. The $1.19 per one thousand of assessed valuation increase equals something like a million dollars. The General Whole-Town Fund is One Hundred Thousand Dollars ($100,000) less than the 2009 Budget, which goes to show how the Department Heads tried to make cuts.
The Sewer Fund has a $1.7 million fund balance. In two (2) weeks Councilman Woodland and Director Mowat will be discussing more about sewers, which is not necessary to be part of tentative budget.
Director of Budget made it clear that the 2010 Tentative Budget contains:
She noted that in the past couple months, Town Department Heads worked at lowering the budget by Five Hundred Thousand Dollars ($500,000).
As part of the Town’s new policy, Director of Budget Mowat requested that a separate checking account be opened to keep track of the Sewer Credits. Councilwoman Krupa introduced the following Resolution for adoption; seconded by Councilman Payne:
(RESOLUTION NO. …
OF 2009)
RESOLVED that the Town of New Hartford adopts the following Banking Resolution and Certificate of Incumbency (with specimen signatures)*
· Town Supervisor
· Deputy Town Supervisor
· Bookkeeper
is authorized, acting alone, (a) to establish accounts from time to time for the Town of New Hartford at Bank of America, N.A. (the “Bank”), as well as to operate and close such accounts, and (b) to designate persons to operate each such account including closing the account, and
The Town Board then voted upon roll call as follows:
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.
Director of Budget Mowat informed the Board that Bookkeeper Fairbrother said there was not enough money to meet payroll and it would be necessary to borrow from another fund until grant money is received later in 2009. Town Board permission is required to do this. Thereafter, Councilman Reynolds introduced the following Resolution for adoption; seconded by Councilman Payne:
(RESOLUTION NO. …
OF 2009)
RESOLVED that the Town Board of the Town of New Hartford does hereby authorize and direct the borrowing of One Hundred Thousand Dollars ($100,000) to be deposited into the Police Account to cover payroll, with Sixty Thousand Dollars ($60,000) to be loaned from the Water Fund and Forty Thousand Dollars ($40,000) to be loaned from the General Part-Town Fund; said borrowing shall be paid back to the Water and General Part-Town Funds with grant revenue to be received in 2009.
A roll call vote was duly held and resulted as follows:
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.
MATTERS
SUBMITTED BY COUNCILMEN (Cont’d)
Councilwoman
Krupa:
Councilwoman Krupa then introduced the following Resolution, seconded by Councilman Woodland:
(RESOLUTION NO. …
OF 2009)
RESOLVED that the New Hartford Town Board does hereby rescind a portion of Resolution No. 346 of 2008, adopted December 29, 2008, with regard to the “TOWN OF NEW HARTFORD EMPLOYEES HANDBOOK”; specifically, the Town Board does hereby rescind the longevity benefit included in the Non-union Benefits and Compensation document that became effective January 1, 2009. Town Board action of rescinding the longevity benefit to non-union employees shall take effect September 30, 2009 and the Town Board does hereby direct the Personnel Technician to amend said EMPLOYEES HANDBOOK accordingly.
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 Resolution was then declared unanimously carried and
duly ADOPTED.
Fiscal:
On recommendation of the Town Supervisor, Councilman Payne presented the following Resolution for adoption; seconded by Councilwoman Krupa:
(RESOLUTION NO. …
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:
Parks Equipment
Fund Abstract #3
Vouchers H94 $ 1,597.77
Stormwater Drainage
Abstract #12
Vouchers HU24-HU25 $ 710.00
Highway Fund
Part-Town Abstract #18
Vouchers DB570-DB603 $ 43,239.79
General Fund
Part-Town Abstract #21
Vouchers BB134-BB150 $
2,716.24
General Fund
Whole-Town Abstract #49
Vouchers A1425-A1431; A1433 $ 8,764.00
General Fund
Whole-Town Abstract # 50
Vouchers A1434-A1504 $ 52,592.97
General Fund
Whole-Town Abstract #47
Vouchers A1423
$ 19.00
General Fund
Whole-Town Police Abstract #48A
Vouchers A1432 $ 299.70
General Police Fund
Whole-Town Abstract #49A
Vouchers A506-A1526
$ 5,334.04
Sewer Fund Abstract
#22
Vouchers SS72 $ 1,001.43
Sewer Fund Abstract
#23
Voucher SS73-SS78 $ 3,242.58
$119,517.52
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 Resolution was then declared unanimously carried and duly
ADOPTED.
There being no further business to come before the Town Board, upon motion of duly made and seconded, the meeting adjourned at 7:08 P.M.
Respectfully submitted,
Gail Wolanin Young, Town Clerk