Hartwick Town Board
REGULAR MEETING
November 14, 2011
The Regular Meeting of the Hartwick Town Board called to order at 6:34 p.m. The Pledge to the Flag was led by Councilman, Kenneth Hotaling.
Present: Councilman Dave Butler, Councilman Kenneth Hotaling, Councilwoman Juliann Sharratt, and Supervisor Patricia Ryan
Also present: Attorney Lynn Green; Hartwick FD#1 Chief, Robert O'Brien; Planning Board Members Anita Briggs Jones and Alex Thomas; Highway Superintendent, Rusty Striesse; EMS Captain, Debbie Clegg; Hartwick Advisory Committee Members, Martha Clarvoe, James Herman, and David Petri; Administrative Assistant, Tavis Austin, William Claudy of Claudy Construction, and others from the community.
Absent: Councilman Delos Field
MOTION: Supervisor Ryan moved to close the Regular Meeting and open Public Hearing on Local Law 2-2011 Local Override Law at 7:10 p.m. Councilwoman Sharratt seconded, and the motion passed with the following votes: Councilman Butler "aye", Councilman Hotaling "aye", Councilwoman Sharratt "aye", and Supervisor Ryan "aye".
PUBLIC HEARING
Local Law 2-2011
Local Override Law
Town Clerk read aloud the proof of publication of announcement of Public Hearing, which appeared in the Oneonta Daily Star, October 31, 2011.
Town of Hartwick
Local Law 2-2011
Local Override Law
Section 1. Legislative Intent:
It is the intent of this local law to override the limit on the amount of real property taxes that may be levied by the Town of Hartwick, County of Otsego, pursuant to General Municipal Law §3-c, and to allow the Town of Hartwick, County of Otsego to adopt a Town budget for (a) town purposes (b) fire protection districts, and (c) any other special or improvement district governed by the Town Board for the fiscal year 2012 that requires a real property tax levy in excess of the "tax levy limit" as defined by General Municipal Law §3-c.
Section 2. Authority:
This local law is enacted pursuant to subdivision 5 of General Municipal Law §3-c, which expressly authorizes the Town Board to override the tax levy limit by the adoption of a local law approved by vote of sixty percent (60%) of the Town Board.
Section 3. Tax Levy Limit Override:
The Town Board of the Town of Hartwick, County of Otsego, is hereby authorized to adopt a budget for the fiscal year 2012 that requires a real property tax levy in excess of the limit specified in General Municipal Law §3-c.
Section 4. Severability:
If any clause, sentence, paragraph, subdivision, or part of this Local Law or the application thereof to any person, firm or corporation, or circumstance, shall be adjusted by any court of competent jurisdiction to be invalid or unconstitutional, such order or judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in this operation to the clause, sentence, paragraph, subdivision, or part of this Local Law or in its application to the person, individual, firm or corporation or circumstance, directly involved in the controversy in which such judgment or order shall be rendered.
Section 11. Effective Date: This local law shall be effective upon filing with the Secretary of State.
Attorney Green explained the Local Override Law's purpose. The intent of the law is to override the 2% limit on the amount of real property taxes that may be levied by the Town of Hartwick and allow the Town of Hartwick to adopt a budget for town purposes, fire protection districts, and special or improvement districts governed by the Town Board for the fiscal year 2012 that requires a real property tax levy in excess of the tax levy limit. It was also explained both the Association of Towns and the New York State Comptroller's Office recommend the passage of a Local Override Law.
A resident asked why the Town is trying to override the 2% tax cap imposed by the State. The Board expressed its uncertainty with the outcome of the State's review of the Town 2012 Budget.
A resident asked if the State will require an escrow to be established to hold funds in excess of the 2% until the State's decision is made on the Budget. The Board explained the funds will be set aside in a Reserve Fund established by Resolution.
A resident asked when the Local Override Law needs to be passed. The Board explained the Law has to be passed before adoption of the 2012 Budget.
A resident asked why assessments have decreased. The Board explained the assessment decrease is linked to a decrease in Market Value. It was further explained the Town Assessor, Matt Lippitt, is in charge of monitoring. The ability to grieve assessments was discussed.
MOTION: Councilwoman Sharratt moved to adjourn Public Hearing on LL 1-2011 Local Override Law and reopen the Regular Town Board meeting at 7:30 p.m. Councilman Hotaling seconded, and the motion passed with the following votes: Councilman Butler "aye", Councilman Hotaling "aye", Councilwoman Sharratt "aye", and Supervisor Ryan "aye".
MOTION: Councilman Butler moved to close the Regular Meeting at 7:32 p.m. and open Public Hearing on 2012 Town of Hartwick Budget. Councilwoman Sharratt seconded, and the motion passed with the following votes: Councilman Butler "aye", Councilman Hotaling "aye", Councilwoman Sharratt "aye", and Supervisor Ryan "aye".
Town of Hartwick
Public Hearing 2012 Town Budget
November 14, 2011
Town Clerk read aloud the proof of publication for announcement of Public Hearing, which appeared in the Oneonta Daily Star, October 31, 2011.
Floor Opened for Public Comment
Squad Captain, Debbie Clegg, asked if provisions have been made for the purchase of a new ambulance in two years. The necessity to establish a reserve fund for the ambulance purchase was discussed.
A resident asked why there was not funds allocated for the line item Tax Collector. It was explained the position has been incorporated with the Town Clerk position under the title Town Clerk/Collector.
A resident inquired about the Water Statutory Installment Bond. It was explained principal payments began in 2011. Rural Development holds the Bond at a very low interest rate of approximately 1.5%. (December 12, 2011 Town Board Meeting - Supervisor Ryan corrected the record. The interest rate on Bond is 4%)
A resident asked for explanation of the line Planning Board Contractual. It was explained the appropriations are used to compensate Planning Board Members for meeting attendance.
A resident asked for explanation of the line Records Management Officer. It was explained all records are turned over to Records Management Officer. The allocated funds are used to compensate Records Management Officer for hours worked on Records related projects.
A resident asked for explanation of the Administrative Assistant salary of $40,200.00. The Board explained the salary is partly based on prior pay of three different line items.
A resident asked why Administrative Assistant salary is listed under Consulting Planner. It was explained the title needs to be changed to Administrative Assistance.
A resident asked if a job description is available for the Administrative Assistant position. The Board explained there is a job description available which is supplied by Civil Service.
A resident asked if the Administrative Assistant has set hours. It was explained the Administrative Assistant is required to work 40 hours a week without set office hours.
A resident asked who is responsible to account for the Administrative Assistant's hours. It was explained it is the Town Supervisor's responsibility to oversee employees.
MOTION: Councilwoman Sharratt moved to adjourn Public Hearing on 2012 Town Budget and repopen the Regular Meeting at 7:46 p.m. Councilman Hotaling seconded, and the motion passed with the following votes: Councilman Butler "aye", Councilman Hotaling "aye", Councilwoman Sharratt "aye", and Supervisor Ryan "aye".
Town Board of Hartwick
REGULAR MEETING
November 14, 2011
MOTION: Councilman Butler moved to enact Local Law 2-2011 Local Override Law. Councilman Hotaling seconded, and the motion passed with the following votes: Councilman Butler "aye", Councilman Hotaling "aye", Councilwoman Sharratt "aye", and Supervisor Ryan "aye".
Floor Open to Public Comment
A resident expressed concern with safety at Greenough Road and Route 28 - a bad spot for accidents. The resident suggested changing the dynamics of the road's access or travel direction. The Board took the resident's concerns and suggestions under advisement.
MOTION: Councilwoman Sharratt moved to approve Abstract 11 and prepaid bills for the month ending October 31, 2011 in the amount of $134,296.08 from the following funds:
General $34,426.56
Highway $48,332.35
Library $ 652.87
Lighting $ 883.66
Water $ 6,501.52
Fire $43,499.12
Councilman Hotaling seconded, and the motion passed with the following votes: Councilman Butler "aye", Councilman Hotaling "aye", Councilwoman Sharratt "aye", and Supervisor Ryan "aye".
The Town Board reviewed 2011 Water relevy. The relevy is equal to $22,451.88.
Resolution 11-A-2011
2011 Water Relevy
BE IT RESOLVED that the Town Board of the Town of Hartwick hereby certifies that the attached Town water accounts are delinquent for the year 2011, and submits the same to the Otsego County Treasurer for collection.
Total Relevy is equal to: $22,451.88
MOTION: Councilman Hotaling moved to pass Resolution 11-A-2011 Water Relevy 2011. Councilman Butler seconded, and the motion passed with the following votes: Councilman Butler "aye", Councilman Hotaling "aye", Councilwoman Sharratt "aye", and Supervisor Ryan "aye".
Supervisor Ryan announced receipt of the Town's Draft Audit Report from the New York State Comptroller's Office. Supervisor Ryan is to respond to Audit Report by November 23, 2011. The audit is not allowed to be discussed with the public until after the final Audit Report is received by the Town.
Supervisor Ryan and the Board discussed the 2012 Tax Cap mandated by NYS and the required filing of the 2012 Budget with the State of New York. Supervisor Ryan is to work with Attorney Green on completing the mandatory reporting on the Town Budget to the State and submittal of the online forms.
Supervisor Ryan and the Board discussed the necessity to close Capital Water Fund Checking Account and transfer remaining balance in account of $5,247.93 to Special Water District Fund.
Resolution 11-B-2011
Resolution to Close Capital Water Project Fund Checking and Transfer Balance to Special Water District Fund
WHEREAS the Town of Hartwick Capital Water Project is complete, and
WHEREAS there is no longer a need for the Capital Water Project Checking Account No. xxxxxx6334 at Citizens Bank, and
WHEREAS the remaining funds of $5,247.93 in the Capital Water Project Checking Account need to be transferred to Special Water District Fund No. xxxxxx4359.
NOW BE IT RESOLVED that the Citizen's Bank Capital Water Project Fund No. xxxxxx6334 will be closed, and
BE IT FURTHER RESOLVED that the remaining funds of $5,247.93 located in the Citizen's Bank Capital Project Water Fund will be transferred to Citizen's Bank Special Water District Fund No.xxxxxx4359.
MOTION: Councilman Hotaling moved to pass Resolution 11-B-2011. Supervisor Ryan seconded, and the motion passed with the following votes: Councilman Butler "aye", Councilman Hotaling "aye", Councilwoman Sharratt "aye", and Supervisor Ryan "aye".
MOTION: Councilman Butler moved to approve Town Clerk's Report for October 2011 showing income of $1,140.00, with Town's portion being $445.31. Councilman Hotaling seconded, and the motion passed with the following votes: Councilman Butler "aye", Councilman Hotaling "aye", Councilwoman Sharratt, and Supervisor Ryan "aye".
MOTION: Councilwoman Sharratt moved to accept Water District Fees Report for October 2011 showing water rent collections of $13,965.96. Councilman Butler seconded, and the motion passed with the following votes: Councilman Butler "aye", Councilman Hotaling "aye", Councilwoman Sharratt "aye", and Supervisor Ryan "aye".
MOTION: Supervisor Ryan moved to accept Justice Report for October 2011 showing the following income:
Justice Higgins $1,370.00
Justice Folts $ 555.00
Councilman Hotaling seconded, and the motion passed with the following votes: Councilman Butler "aye", Councilman Hotaling "aye", Councilwoman Sharratt "aye", and Supervisor Ryan "aye".
MOTION: Councilwoman Sharratt moved to accept the Town Board Work Session Minutes of October 06, 2011. Councilman Butler seconded, and the motion passed with the following votes: Councilman Butler "aye", Councilman Hotaling "aye", Councilwoman Sharratt "aye", and Supervisor Ryan "aye".
MOTION: Councilman Hotlaing moved to accept the Town Board Regular Meeting Minutes of October 10, 2011. Councilman Butler seconded, and the motion passed with the following votes: Councilman Butler "aye", Councilman Hotaling "aye", Councilwoman Sharratt "aye", and Supervisor Ryan "aye".
MOTION: Councilman Hotaling moved to accept the Town Board Work Session Minutes of October 17, 2011. Councilwoman Sharratt seconded, and the motion passed with the following votes: Councilman Butler "aye", Councilman Hotaling "aye", Councilwoman Sharratt "aye", and Supervisor Ryan "aye".
Administrative Assistant, Tavis Austin, Report:
•· The Highway Project was discussed. Project Bids have been received. Recommendation from McManus Engineering on bids has been received. Board needs to decide how to proceed. Board agreed to defer topic to November 21, 2011 Work Session.
•· Discussion regarding Code Inspections. Town Hall passed inspection. All other buildings were cited for infractions. Highway building cited for storage to close to ceiling, necessity for exit signs, and protection and containment of 2000 gal. diesel storage tank. Community Center cited for nonfunctional emergency lighting, necessity of exit signs, necessity of not and exit sign, and necessity to properly mount fire extinguishers. Fire Department #1 was cited for the necessity to clean vent over stove, necessity for barrier around fuel storage tanks, and emergency lighting in need of batteries. Library was cited for nonfunctional emergency lighting.
MOTION: Councilman Hotaling moved to allow for installation of ballards around fuel tanks, construction of a removable roof over generator, patch around vent, and window repairs at Fire Department #1 with costs not to exceed $2,675.00. Supervisor Ryan seconded, and the motion passed with the following votes: Councilman Butler "aye", Councilman Hotaling "aye", Councilwoman Sharratt "aye", and Supervisor Ryan "aye".
•· Department of Labor has completed a walk-through of the Town. A full report of the Department's findings will be reported upon after it is received.
•· Warnings have been placed on cars parked on roads covered under LL 1-2011. Highest infractions of the LL have been found on Greenough Road and Wells Ave.
•· Attorney Green and Justice Higgins have been assisting in getting to the "tow" point. The LL is not easy to implement and is not clear in some areas. Appearance tickets will ultimately be used.
•· FEMA reporting has been completed for Hurricane Irene. Tavis Austin and Superintendent Streisse were commended for well organized paperwork. FEMA has not decided on payment for storm damages relating to Hurricane Irene and Tropical Storm Lee. Payment may come separate or together.
•· Community Center side roof repairs were discussed. Project is on hold.
•· Community Center heating alternatives were discussed. McManus Engineering has assessed the heating at the Community Center and recommendations are forthcoming.
•· The Community Center asbestos contamination in the basement was discussed. Two courses of action were reviewed. The asbestos can either be abated or encapsulated. It is strongly recommended that the basement at the Community Center be permanently closed off.
•· Expansion of Fire Department #2 was discussed. Alternatives for FD#2's necessity for expansion include purchasing land from the Bakers or Crazy Tom's building. Funding of the needed expansion was discussed. The necessity to procure grants was discussed. Chief O'Brien expressed concern with the idea of funding from granting source as a sole source citing far too much needs to be accomplished with one grant. Chief O'Brien also expressed the necessity for a new ambulance before a new Firehouse should be considered. The Board discussed the necessity to do a "needs assessment". Tavis Austin is to look into procuring needs assessment through FASNY.
•· Report on complaint by Mr. Barown on Sweet Hill Road. Mr. Barown has concerns with ditch flow diverting water to his property causing a small pool. Supervisor Ryan is to write Mr. Barown a letter explaining the runoff is located in a Town right of way. Superintendent Striesse agreed to fill ditch will shot rock, which will temporarily relieve the runoff issue.
Hartwick Conservation Advisory Committee Report
- Conservation Committee asked the Board to consider Light Legislation.
- Committee recommends the Town look into ways to protect water.
- Committee recommends looking into alternative lighting at the Community Center due to lack of brightness. Martha Clarvoe to return to company that installed lighting upgrade for alternatives or options to increase brightness.
- Reported post card survey press release publication on November 4, 2011 in the Oneonta Daily Star.
- Clean Sweep Event was successful. Approximately 227 residents passed through the gates with items to deposit at the various containers. Approximately 6000 lbs of high-grade electronics were collected. Over 500 tires were collected. Weight on scrap metal is still pending. A special thank you to all volunteers was made.
- Tavis Austin suggested better coordination with sub-contractors at future events. He informed Ms. Clarvoe the forklift procured by We Recycle is still located behind the Highway Gates.
Supervisor's Report - Correspondence
- Receipt of letter from Mr. and Mrs. Alton VanCleef regarding Greenough Road.
To: Town of Hartwick Supervisor
Please accept our request for action by the Hartwick Town Board and/or Road Supervisor, to close the southern end of Greenough Road to traffic entering from NYS Route 28. We hope that this at least brings it to a meeting agenda for discussion. There have been several accidents there and as yet, no deaths, but why should someone have to die to get the traffic change made for safety's sake.
Thank you for considering our request and please let us know if it is a possibility.
Sincerely,
Linda and Alton VanCleef
- Attorney Green suggested a letter be written to Department of Transportation asking for assistance with safety at Greenough Road and Route 28 intersection. Supervisor Ryan agreed to write letter to NYSDOT.
- Chief Robert O'Brien urges letter to DOT be written by Town regarding safety concerns at Greenough Road and State Route 28.
- Receipt of letter from Department of Environmental Conservation regarding East Hill Dam. Issue deferred to Tavis Austin. Mr. Austin to report on notice from DEC findings at next Regular Board Meeting.
- Receipt of letter from Senior Exercise Group.
To Whom It May Concern:
The Senior Exercise Group which meets twice a week at the Community Center (Monday and Thursday) would like to be able to use the side entrance door again. We feel it would be safer with the stairs inside and railing on both sides of the stiars than the outdoor front entrance.
Thank you,
Members of the Class: Caroline Stalter, Diana Marlette, Gladys Weeks, Jean Finch, Jo Pylinski, Angee Schliser, Helen Roberts, Frances Wayman, Jane Eldridge, and Sharon Field.
- It was agreed by the Board, due to Codes requirements and safety concerns, the Senior Group may not use the side door entrance. No one is to use the side entrance to the Community Center Building.
Town Attorney's Report:
Attorney Green advised Supervisor Ryan of the necessity to deliver Town's Financial Reports to Citizen's Bank and the Bank of Cooperstown for their review in consideration of financing arrangements with the Town. Attorney Green expressed the Bank of Cooperstown has interest in lending.
Unfinished Business:
- Retiree Health and Dental Benefits need to be resolved before December 1, 2011. Topic deferred to Work Session.
- Zoning Commission Dissolution and Reappointment needs to be accomplished. Topic deferred to Work Session.
- Resolution establishing Seasonal Roads for the Town of Hartwick.
Resolution 11-C-2011
Seasonal Roads
NOTICE IS HEREBY GIVEN that the following roads in the Town of Hartwick are declared SEASONAL-LIMITED USE HIGHWAYS from November 1, 2011 through April 1, 2012.
Harrison Hill Road from Marlette Road, toward Co. Hwy. 46 - 0.5 mi.
Grass Road from St. Hwy 205 to Pleasant Valley Road - 0.59 mi.
Bunn Hill Road 025 mi. from St. Hwy. 205 toward Pleasant Valley Road - 0.5 mi.
Field's Road from Co Hwy 45 to Pleasant Valley Road - 0.5 mi.
Lippitt Road from Co Hwy 45 to Todd and Steven's Road - 0.47 mi.
Steven's Road from Co Hwy 45 to Lippitt Road - 0.61 mi.
Conover road from Maples Road to East Hill Road - 0.31 mi.
East Hill Road 1 mile from Co Hwy 11 to Chase road - 1.05 mi.
Bice Road from Bissell Road, towards Bush Road - 1 mi.
Kinney Road from Co Hwy towards Brunner Road - 0.75 mi.
Nersesian Road from Town of Otsego line towards Mott Road - 0.2 mi.
Goey Pond Road 0.2 mi. from St. Hwy 28 towards Co Hwy 45 - 2.5 mi.
Perkins Road from Petkewec Road, towards Co Hwy 59 - 1.6 mi.
MOTION: Councilman Butler moved to accept Resolution 11-C-2011 Town of Hartwick Seasonal Roads. Councilman Hotaling seconded, and the motion passed with the following votes: Councilman Butler "aye", Councilman Hotaling "aye", Councilwoman Sharratt "aye", and Supervisor Ryan "aye".
- Resolution providing Section 41-j (an allowance of unused sick leave credits). The Board discussed Section 41-j.
Resolution 11-D-2011
Allowance of Unused Sick Leave Credits
At a meeting of the Town Board of the Town of Hartwick held at 103 Town Drive, Hartwick, New York on November 14, 2011 Kenneth Hotaling offered the following resolution:
BE IT RESOLVED that the Town Board of the Town of Hartwick does hereby elect to provide the additional pension benefits of Section 41-j of the Retirement and Social Security Law, as presently or hereafter amended.
BE IT FURTHER RESOLVED that the effective date of such shall be the 1st day of January, 2012.
MOTION: Kenneth Hotaling moved to pass resolution 11-D-2011 Allowance of Unused Sick Leave Credits. Councilman Butler seconded, and the motion passed with the following votes: Councilman Butler "aye", Councilman Hotaling "aye", Councilwoman Sharratt "aye", and Supervisor Ryan "aye".
MOTION: Kenneth Hotaling moved to allow for the additional obligation of $426.00 payable to NYS and Local Retirement for Section 41-j. Councilman Butler seconded, and the motion passed with the following votes: Councilman Butler "aye", Councilman Hotaling "aye", Councilwoman Sharratt "aye", and Supervisor Ryan "aye".
New Business:
- Annual Organizational Meeting scheduled for January 5, 2012 at 7:00 p.m.
- Appointment of BAR member for expired term of Jeff O'Handley (September 30, 2011). Deferred to Work Session. Supervisor Ryan to contact Mr. O'Handley.
- Special End of Year Meeting scheduled for December 28, 2011 at 6:30 p.m.
Floor opened for Public Comment
A resident asked the Board to consider the many different alternatives for the Hartwick Fire Department's need for space. Possible alternatives suggested were the sale of the Community Center, turning FD #1 into a Community Center, and building one Fire Department centrally located. Questions were also raised about the necessity of duplicity of equipment and services in maintaining two separate FDs. Resident expressed tax payers should not have to support the extra expenses and a Master Plan should strongly consider consolidation.
Chief O'Brien reminded those present that Hartwick Fire District is one Fire Department with two companies. The two companies have worked hard to foster a good working relationship. O'Brien expressed concerns with distance and call-out times with a centrally located Fire Department.
EMS Captain, Debbie Clegg, sited concerns with call-out times if the Fire Departments are to consolidate to one central location.
A resident suggested the Town Board send out an RFP for someone to lead the Town Board and/or an appointed Zoning Commission toward the passage of zoning. The resident asked the Board to please consider the different options available with consideration of protecting the Town from activities which may jeopardize health and safety within the Town's jurisdiction.
Floor Closed for Public Comment
MOTION: Councilman Hotaling moved to adjourn the Regular Town Board meeting at 10:15 p.m. Supervisor Ryan seconded, and the motion passed with the following votes: Councilman Butler "aye", Councilman Hotaling "aye", Councilwoman Sharratt "aye", and Supervisor Ryan "aye".
Respectfully submitted,
Sarah McGuire, Town Clerk
