The Town Supervisor called the meeting to order at 7:00 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 Donald C. Backman

Councilman John C. Waszkiewicz III

Councilman David W. Butler

Councilman Richard B. Woodland, Jr.

Supervisor Ralph B. Humphreys

OTHER TOWN OFFICIALS: Assessor Paul E. Smith (Arrived at 7:32 P.M.)

Highway Superintendent Roger A. Cleveland

Telecommunicator Supervisor Jeffrey Madden

Town Clerk Gail Wolanin Young and Deputy Town

Clerk I Margaret M. Jones

OTHERS: Attorney for the Town, Vincent Rossi, Jr

Thereafter, a quorum was declared present for the transaction of business.

After reviewing minutes that had been mailed to all Board members, Councilman Waszkiewicz introduced the following Resolution for adoption, seconded by Councilman Butler:

RESOLVED that the New Hartford Town Board does hereby accept and approve as submitted the minutes of the Special Town Board meeting held December 14, 2002 and does further waive the reading of the same.

Upon roll call, the Board members voted as follows:

Councilman Waszkiewicz 9; - 9; Aye

Councilman Woodland 9; - Aye

Councilman Butler - 9; Aye

Councilman Backman 9; 9; - 9; Aye

Supervisor Humphreys - Aye.

The Resolution was declared unanimously carried and duly adopted.

Councilman Backman introduced the following Resolution for adoption, seconded by Councilman Woodland:

RESOLVED that the New Hartford Town Board does hereby accept and approve as submitted the minutes of the Regular Town Board meeting held December 18, 2002 and does further waive the reading of the same.

The Board members voted as follows:

Councilman Waszkiewicz - Aye

Councilman Woodland - Aye

Councilman Butler - Aye

Councilman Backman - Aye

Supervisor Humphreys - Aye.

The Resolution was declared unanimously carried and duly adopted.

Councilman Butler introduced the following Resolution for adoption, seconded by Councilman Woodland:

RESOLVED that the New Hartford Town Board does hereby accept and approve as submitted the minutes of the Regular Town Board meeting held February 5, 2003 and does further waive the reading of the same.

The Resolution was voted upon by roll call as follows:

Councilman Waszkiewicz - Aye

Councilman Woodland - Aye

Councilman Butler - Aye

Councilman Backman - Aye

Supervisor Humphreys - Aye.

The Resolution was declared unanimously carried and duly adopted.

Councilman Backman introduced the following Resolution for adoption, seconded by Councilman Waszkiewicz:

RESOLVED that the New Hartford Town Board does hereby accept and approve as submitted the minutes of the Regular Town Board meeting held March 5, 2003 and does further waive the reading of the same.

Upon roll call, the Board members voted as follows:

Councilman Waszkiewicz - Aye

Councilman Woodland - Aye

Councilman Butler - Aye

Councilman Backman - Aye

Supervisor Humphreys - Aye.

The Resolution was declared unanimously carried and duly adopted.

Kenneth Kostolecki, 44 Clinton Road and James Roselli, 7 Geraldine Ave., New Hartford sought the Town Board’s assistance in enforcing Codes rules in their neighborhood, specifically at the Albert Roberts property, 43-45 Clinton Road. Allegedly, the Roberts’ property still has violations that continue despite complaints to the Codes Enforcement Office and subsequently, an appearance ticket having been issued to Mr. Roberts who appeared in Town Court. Mr. Kostolecki stated that the charge was adjudicated, that the Town Justice presiding over the case allowed Mr. Roberts to keep only a pay loader on the property; however, violations still exist with items such as:

• a dismounted ten foot (10’) wide plow
• dismounted construction bucket
• unregistered dilapidated station wagon
• tires, culvert pipe, packages of conduit pipe, bales of hay, assorted roof bands and reams of fences

The Town Supervisor responded that the matter would be reviewed with Attorney Rossi when re joins the meeting at 8:00 P.M. Councilman Donald Backman explained that the

Court is a power of higher authority.

Councilman Butler provided an overview on this matter, a possible extension of Paris Road sewers to serve about ten (10) properties. Six (6) property owners have signed a Petition and three (3) property owners did not sign the Petition. Councilman Butler reiterated there is an projected 75/25% (Town/Residents) figure for cost sharing. If this matter ends up in the affirmative, the Consolidated Sewer District cost over twenty (20) years would be less than Thirty Dollars ($30) a year, according to Councilman Butler.

Tom Fiorentino, 197 Paris Road, submitted a Petition for extension of sewers along (Old) Paris Road, referenced above.

Dean Gordon, 204 Paris Road, believed if the Town Board establishes a policy in the future, the Town should be fair, forget financing methods of pre-consolidated districts, and have the Consolidated Sewer District pay the entire cost. Mr. Gordon, who hadn’t signed the Petition, said he hadn’t even seen the petition before tonight.

Acknowledging that some residents are for and some against this needed project, Councilman Woodland believes the Town Board should investigate this further before making a decision. Town Supervisor Humphreys explained that this matter is subject to permissive referendum and that the residents would have thirty (30) days to submit a petition to bring the matter to a vote. Not pleased with the 75%/25% cost sharing, Councilman Backman reserved a decision until the percentage of property assessment signatories could be determined; law requires that the signatories represent at least fifty-one percent (51%) of assessed value of the district extension. Councilman Waszkiewicz concurred with tabling the matter, and because Councilman Butler will be out of Town for the April 2, 2003 Town Board meeting, the matter will be placed on the Agenda for the April 16, 2003 Town Board meeting.

On the recommendation of the Highway Superintendent, Councilman Butler presented the following Resolution for adoption, seconded by Councilman Woodland:

WHEREAS at the February 19, 2003, Town Board Meeting, the members of the Town Board authorized the Highway Superintendent Roger Cleveland to send a "Letter Of

Intent" to purchase a dump box to Utica Mack, Inc., 9426 River Road, Marcy, New York,

in the amount of Nine Thousand Eight Hundred Sixty-Two Dollars and Eighty-Four Cents ($9,862.84); and

WHEREAS the Highway Superintendent was directed to identify the account numbers from which the equipment would be purchased;

NOW, THEREFORE, BE IT RESOLVED that the Town Board does hereby authorize and direct the Bookkeeper to transfer funds to cover the cost of the dump box, as follows:

From:

Account No. Amount

DB5110.41 $ 500.00

DB5110.42 #9; #9; 2,600.00

DB5110.43 #9; #9; 1,700.00

DB5110.46 800.00

DB5110.47 #9; #9; 1,100.00

DB5110.49 #9; #9; 1,100.00

DB5130.44 $2,062.84

Total $9,862.84

To: DB5130.2 $9,862.84.

The Resolution was subject to a vote upon roll call as follows:

Councilman Waszkiewicz - Aye

Councilman Woodland - Aye

Councilman Butler - Aye

Councilman Backman - Aye

Supervisor Humphreys - Aye.

The Resolution was declared unanimously carried and duly adopted.

Upon recommendation of the Highway Superintendent, Councilman Backman presented the following Resolution for adoption; seconded by Councilman Woodland:

RESOLVED that, in accordance with the Town Employee Handbook, the New Hartford Town Board does hereby recognize Paul Lewis’ retirement from the Highway Department, effective April 1, 2003; and be it

FURTHER RESOLVED that the New Hartford Town Board does hereby authorize that a letter of appreciation be forwarded to Mr. Lewis for his many years of service with the Town.

The Supervisor polled the Town Board Members who voted as follows:

Councilman Waszkiewicz - Aye

Councilman Woodland - Aye

Councilman Butler - Aye

Councilman Backman - Aye

Supervisor Humphreys - Aye.

The Resolution was declared unanimously carried and duly adopted.

The Highway Superintendent had talked with MVCC who can do the design this year for Sessions Road, but the actually reconstruction wouldn’t commence until the Summer of 2004; this is free engineering service through the college..

Reconsidering the Highway Superintendent’s March 5, 2003 request for a pay increase for Ava Massoud and Catherine Khoury, Councilman Backman presented the following Resolution for adoption; seconded by Councilman Butler:

RESOLVED that the Town Board of the Town of New Hartford does hereby authorize, effective March 10, 2003, an increase in the hourly wage of Part-time Clerk Ava Massoud and Part-time Student Worker Catherine Khoury to Seven Dollars and Seventy-Five Cents ($7.75), payable bi-weekly.

The Board members voted upon roll call that resulted as follows:

Councilman Waszkiewicz - Aye

Councilman Woodland - Aye

Councilman Butler - Aye

Councilman Backman - Aye

Supervisor Humphreys - Aye.

The Resolution was declared unanimously carried and duly adopted.

Councilman Backman couldn’t find an ASCII machine, which is a type of e-mail service for FAX transmissions. If anyone knows anything about this type of machine and where it can be purchased, please let the Councilman know.

The Town Supervisor inquired about the number of surplus vehicles stored at the Sanger Public Works Garage; the Highway Superintendent will furnish a list for the April 2, 2003 Town Board.

The Highway Superintendent has yet to hear from ESI on costs; however, he does have quotes from DELL and SDG. The Highway Superintendent requested permission to have the Supervisor sign a Contract if, before the April 2^nd meeting, ESI or others bidders are not lower than the State contract price. Based upon his background and knowledge of special computer applications, Councilman Backman presented the following Resolution for adoption; seconded by Councilman Butler:

RESOLVED that the Town Board of the Town of New Hartford does hereby authorize the purchase of computer software and DELL computer hardware from Systems Development Group, Inc. (SDG) for a lump sum contractual amount of Forty Thousand Dollars ($40,000), equal to the State Contract price; and be it

FURTHER RESOLVED that said software and hardware is being purchased for the use of all departments located in the Sanger Public Works Garage facility.

The Supervisor polled the Town Board Members who voted as follows:

Councilman Waszkiewicz ; - ; Nay

Councilman Woodland - Aye

Councilman Butler - Aye

Councilman Backman - Aye

Supervisor Humphreys - Aye.

The Resolution was declared carried and duly adopted.

Upon recommendation of Highway Superintendent Cleveland, Councilman Waszkiewicz presented the following Resolution for adoption, seconded by Councilman Backman:

WHEREAS, on March 5, 2003 the Town Board adopted, Resolution No. 94 authorizing the Town Supervisor to enter into and to execute an agreement with Ocuto Blacktop Paving wherein said Ocuto Blacktop would extend their 2002 unit bid prices for Bituminous Concrete Paving through the calendar year 2003;

NOW, THEREFORE, BE IT RESOLVED that the Town Board of the Town of New Hartford does hereby rescind Resolution No. 94 of 2003, effective immediately.

The Resolution was subject to a vote upon roll call as follows:

Councilman Waszkiewicz - Aye

Councilman Woodland - Aye

Councilman Butler - Aye

Councilman Backman - Aye

Supervisor Humphreys - Aye.

The Resolution was declared unanimously carried and duly adopted.

The prevailing number town-wide was ninety-three percent (93%) equalization rate as per the Town Assessor Paul Smith. Councilman Waszkiewicz has scheduled a public information meeting March 25, 2003 and Councilman Butler on March 26, 2003 on re-assessment programs. State representatives will also be attending these meetings. The Assessor has been through the residential neighborhoods and will have informal hearings before the assessment roll is filed. One neighborhood is within the State’s parameters; all others did NOT meet State parameters. Councilman Waszkiewicz concurred that the Board would invite School Board members to attend these meetings.

The Town Assessor presented a copy of the Stipulation in the instant matter. On the trial date, March 6, 2003, the New Hartford Shopping Center accepted the Town’s offer to

settle their grievance by reducing the shopping center’s assessment from the current $12.2 million to Seven Million Dollars ($7,000,000) for fiscal year 2004 based upon the

AMES storefront being vacant and the shopping center owners will forgo the lawsuit.

Further, the assessment shall not change unless there is an addition/demolition of more than one thousand (1,000) square feet. The Town Assessor stated that the Town, under the statute, also has the right to challenge the agreed-upon value if the occupancy rate at the property changes more than twenty-five percent (25%). Upon recommendation of

Assessor Smith, Councilman Waszkiewicz presented the following Resolution, for adoption; seconded by Councilman Butler:

RESOLVED that the New Hartford Town Board does hereby agree to settle the Certiorari proceeding brought against the Town of New Hartford. Under the terms of the settlement, William C. Morris, II and Robert O. Morris, as Trustee, will discontinue the 2002 tax certiorari proceeding against the Town and school district – with no cash refunds – in return for a Seven Million Dollar ($7,000,000) assessed value for the property on the 2003, 2004 and 2005 assessment rolls barring any significant changes to the property, pursuant to Court order.

The Supervisor polled the Town Board Members who voted as follows:

Councilman Waszkiewicz - Aye

Councilman Woodland - Aye

Councilman Butler - Aye

Councilman Backman - Aye

Supervisor Humphreys - Aye.

The Resolution was declared unanimously carried and duly adopted.

Police Chief:

Police Chief Raymond Philo presented a re-drafted Cat Shelter Service Agreement in which a "gap" was closed; specifically, the provision that the Town pay for surgical fees has been removed. Thereafter, upon recommendation of the Police Chief, Councilman Backman presented the following Resolution for adoption; seconded by Councilman Woodland:

RESOLVED that the New Hartford Town Board does hereby authorize and direct the Town Supervisor to enter into and to execute the Cat Sheltering Agreement with the Paris Hill Cat Hospital, effective January 1, 2003 through December 31, 2004.

The Supervisor polled the Town Board Members who voted as follows:

Councilman Waszkiewicz - Aye

Councilman Woodland - Aye

Councilman Butler - Aye

Councilman Backman - Aye

Supervisor Humphreys - Aye.

The Resolution was declared unanimously carried and duly adopted.

According to the Police Chief, Codes Enforcement Officer Gerald Back and Clark Patterson Associates stated that it is not practical for the Town to look at Code issues regarding the Jerome K. Madden Justice Building. On March 20, 2003, at 3:00 P.M. in the Police Conference Room, Clark Patterson Associates of Rochester will have a preliminary meeting regarding what the process would be if the Town does decide to expand the Justice Building by adding a second story.

The Police Chief explained that, under the Personal Property Law, the value of a particular unclaimed item determines the length of time that an unclaimed item is retained; and that the maximum time is three (3) years. There was further discussion regarding the recycling of unclaimed bicycles for the needy.

Discussion ensued about identifying police and park vehicles by striping, numbering, etc., by an outside firm rather than utilizing Highway Department employees. Councilman Backman stated that Valley Signs will do standard police car markings for One Hundred Twenty Dollars ($120) this time only and de-stripe old police vehicles for between Forty-Five and Ninety Dollars ($45-$90). Councilman Backman presented the following Resolution for adoption; seconded by Councilman Woodland:

RESOLVED that the New Hartford Town Board does hereby authorize Valley Signs, 1960 Route 8, Clayville, New York, to stripe one (1) new police car at the one-

time only cost not to exceed One Hundred Twenty Dollars ($120); and be it

FURTHER RESOLVED that said Town Board does hereby authorize Valley Signs to de-stripe one (1) of the old police vehicles at a cost not to exceed Ninety Dollars ($90).

The Supervisor polled the Town Board Members who voted as follows:

Councilman Waszkiewicz - Aye

Councilman Woodland - Aye

Councilman Butler - Aye

Councilman Backman - Aye

Supervisor Humphreys - Aye.

The Resolution was declared unanimously carried and duly adopted.

Upon recommendation of the Telecommunicator Supervisor, Councilman Woodland presented the following Resolution for adoption; seconded by Councilman Waszkiewicz:

RESOLVED that the New Hartford Town Board does hereby authorize and direct the Town Supervisor to enter into and to execute the Agreements wherein the Town of New Hartford will provide Dispatch Service to the Villages of:

• Whitesboro for the period January 1, 2003 through December 31, 2003
• New York Mills for the period June 1, 2003 through May 31, 2004
• Yorkville for the period June 1, 2003 through May 31, 2004.

The Resolution was subject to a vote upon roll call as follows:

Councilman Waszkiewicz - Aye

Councilman Woodland - Aye

Councilman Butler - Aye

Councilman Backman - Aye

Supervisor Humphreys - Aye.

The Resolution was declared unanimously carried and duly adopted.

Pursuant to Telecommunicator Supervisor Madden, the Town Board had received a letter from Attorney Rossi suggesting that vendors be invited to demonstrate their computer software. Telecommunicator Supervisor Madden stated invited seven (7) companies but one company stated that New Hartford’s dispatch center was too small for them to quote.

Councilman Waszkiewicz presented the following Resolution for adoption; seconded by

Councilman Butler.

WHEREAS, the Parks and Recreation Director did, on the 19^th day of March, 2003, duly recommend the purchase of certain equipment on State Contract;

NOW, THEREFORE, BE IT RESOLVED that the New Hartford Town Board does hereby authorize the Parks and Recreation Director to purchase on New York State Group #37000, Award #02018, one (1) Model 83225K Ferris Riding Lawnmower from Clinton Tractor & Implement Company, Meadow Street, Clinton, New York, for a maximum aggregate price of Six Thousand One Hundred Sixty-nine Dollars ($6,169) delivered at the Sherrillbrook Park, Route 12, New Hartford, New York, by April 1, 2003. The Parks and Recreation Director is authorized to surrender to said Clinton Tractor & Implement the following equipment at an agreed trade-in value of Five Thousand Five Hundred Dollars ($5,500):

• One (1) 1978 Ford Tractor, Model 531
• One (1) 1996 Jacobson Mower, Model T423D

Upon execution of a contract for the item purchased and upon delivery of the item purchased, the Town Supervisor shall pay the amount of Six Hundred Sixty-nine Dollars ($669) from budgetary appropriations for purchase of equipment.

The Resolution was voted upon as follows:

Councilman Waszkiewicz ; - 9; Aye

Councilman Woodland - Aye

Councilman Butler - Aye

Councilman Backman - Aye

Supervisor Humphreys #9; - #9; Aye.

The Resolution was declared unanimously carried and duly adopted.

Upon recommendation of the Parks and Recreation Director, Councilman Backman introduced the following Resolution for adoption and Councilman Woodland seconded same:

RESOLVED that the Town Board of the Town of New Hartford does hereby appoint the following people as part-time, seasonal employees for the Parks and Recreation Department effective April 1, 2003:

Upon roll call, the Board members voted as follows:

Councilman Waszkiewicz ; - 9; Aye

Councilman Woodland - Aye

Councilman Butler - Aye

Councilman Backman - Aye

Supervisor Humphreys #9; - #9; Aye.

The Resolution was declared unanimously carried and duly adopted.

The Town Clerk presented the request of the Village of New Hartford for use of a Town voting machine for their Village election. Councilman Waszkiewicz presented the following Resolution for adoption; seconded by Councilman Woodland:

WHEREAS, the Village of New Hartford on March 11, 2003 requested the use of one (1) Town voting machine for their Village Election;

NOW, THEREFORE, BE IT RESOLVED that the New Hartford Town Board does hereby retroactively grant the Village of New Hartford the use of one (1) Town voting machine for their Village Election conducted on Tuesday, March 18, 2003, said voting

machine to be transported and set up by the Town Voting Machine Custodian at no cost to the Town of New Hartford.

The Board members voted upon roll call, as follows:

Councilman Waszkiewicz - Aye

Councilman Woodland - Aye

Councilman Butler - Aye

Councilman Backman - Aye

Supervisor Humphreys - Aye.

The Supervisor declared the Resolution unanimously carried and duly adopted.

Councilman Waszkiewicz would like to make the percentage of recreation/green space uniform throughout Town documents; the Councilman would like the Town to solidify this Policy.

John Tierney, consultant from Syracuse, must be contacted to change the economic development page and quality-of-life page on the Town’s Website; the Town can’t do it themselves. Councilman Waszkiewicz noted that some information is outdated; discussion ensued about deleting the economic development page and perhaps consider changes to the quality of life page, reflecting what the area has to offer.

Councilman Waszkiewicz stated there is no Resolution – the storm water regulations are contained in the Town’s Code Book. Attorney Rossi and Councilman Waszkiewicz will review the appropriate section of Codes with the Highway Superintendent.

This project is on hold as the representative’s father had recently passed away.

Councilman Waszkiewicz has met with the New York Mills but nothing has transpired since the meeting. The New York Mills Mayor was interested in exploring the possibility

of the cul-de-sac on Clinton Street being annexed to the Village of New York Mills. Councilman Waszkiewicz has also met with Dennis Davis of County Department of Public Works and Highway Superintendent Cleveland.

New York Mills Village Mayor Maciol expressed his interest in looking into cellular phone service, which the Town is investigating as well as dovetailing on a competitive bid on natural power and electricity.

This is the same matter as is being discussed with the Village of New York Mills.

Councilman Waszkiewicz stated that he is looking at mid-April 2003 as a time when the UMVRWB might finalize review with their consultant who looked at the emergency protection of the water facilities in the area.

Councilman Waszkiewicz would like to see if the Town could contract with Connie Miner to work with the Town Planner on grants. The consensus of the Board Members is that Ms. Miner work with the Town Planner (but not come down from Rochester), identify what grants are available, after which the Board would review what would be advantageous and write the application. Councilman Waszkiewicz will contact Connie Miner about potential grants and her potential charges for writing the grant applications and instructing an in-house person on writing grants.

Willowvale Fire Co., Inc.

Councilman Backman met with the Willowvale Fire Company, explaining the Notice of Appeal (variance) process since they would need to obtain variances from the Zoning Board of Appeals and the Planning Board before construction could begin on their new firehouse. Councilman Backman presented the following Resolution for adoption; seconded by Councilman Butler:

RESOLVED that the Town Board of the Town of New Hartford does hereby waive the application fees for the Willowvale Fire Company, Inc. when they appear before the Zoning Board of Appeal and the Planning Board for a variance on the Oneida Street, Chadwicks property on which they plan to erect a new firehouse.

The Board members voted upon roll call, as follows:

Councilman Waszkiewicz - Aye

Councilman Woodland - Aye

Councilman Butler - Aye

Councilman Backman - Aye

Supervisor Humphreys - Aye.

The Supervisor declared the Resolution unanimously carried and duly adopted.

Councilman Backman was approached by Jerry Crouse who explained that his Elm Street, Chadwicks tenants sometimes have overflow parking and inquired if some tenants could park their vehicles at the Donovan Community Center parking lot on a regular/irregular basis; Mr. Crouse is willing to reimburse the Town a nominal fee for this privilege. The Town Board discussed the matter, and asked Police Chief Philo about enforcement. The Police Chief was unaware of any tickets being issued for illegal parking at the Center. Based upon the recommendation of the Vincent J. Rossi, Jr., Attorney for the Town, the Board’s consensus was not to allow the tenants to park at the Center.

Responding to Councilman Woodland’s inquiry, Attorney Rossi stated that the commercial vehicle was stored in violation of codes and that the Codes Enforcement Officer had stated that Mr. Roberts had cleaned up the property. Mr. Roberts had been cited and when he didn’t appear in Town Court for the first citation, the police brought him to Court. After the property had allegedly been cleaned up, a day or two later neighbors called the Codes Enforcement Officer stating some pipe hadn’t been removed and asked that Mr. Roberts’ attorney be contacted to get the junk removed. Attorney Rossi will call Mr. Roberts’ attorney on this matter.

On recommendation of the Town Supervisor, Councilman Waszkiewicz presented the following Resolution for adoption; seconded by Councilman Butler:

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 Abstract No. 8 $ 80.00

General Fund, Whole-Town Abstract No. 9 $ 89,296.43

General Fund, Whole-Town Abstract No. 10 $ 55.00

General Fund, Part-Town Abstract No. 9 $ 4,896.21

General Fund, Part-Town Abstract No. 10 $ 22.00

Highway Fund, Part-Town Abstract No. 7 $ 30,017.92

Street Light Abstract No. 5 $ 7,453.28

Fire District Abstract No. 1 $382,510.00

Butler Memorial Hall Renovations Abstract No. 3 $ 4,515.68

TOTAL: $518,846.52

Upon roll call, the Board members voted as follows:

Councilman Waszkiewicz - Aye

Councilman Woodland - Aye

Councilman Butler - Aye

Councilman Backman - Aye

Supervisor Humphreys - Aye.

The Resolution was declared unanimously carried and duly adopted.

Upon the recommendation of the Town Supervisor, Councilman Backman presented the following Resolution for adoption; seconded by Councilman Woodland:

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 authorize the reimbursement to Bookkeeper Carol Fairbrother for her attendance at the Microsoft Excel Classes, Level I from March 11-25, 2003, and the Level II classes from April 1-3, 2003, in New Hartford, totaling One Hundred Sixty-Seven Dollars ($167), which includes the cost of the textbook for the classes

.

The Resolution was voted upon as follows:

Councilman Waszkiewicz ; - 9; Aye

Councilman Woodland - Aye

Councilman Butler - Aye

Councilman Backman - Aye

Supervisor Humphreys #9; - #9; Aye.

The Resolution was declared unanimously carried and duly adopted

The Town Supervisor stated that Mayor Rodger Reynolds has given twenty-four (24) years to municipal service and the Supervisor feels that the Town should acknowledge

Mayor Reynolds’ service. Since the consensus of the Board Members is that the Town should make a presentation to the Mayor, Councilman Butler will look into getting an appropriate gift for presentation.

The Town Supervisor will send congratulatory letters to the newly elected Mayors for the Villages of New Hartford, New York Mills and Yorkville.

The Town Supervisor reported that the Clark Mills Fire Department is covering a small area of the Millgate Meadows Mobile Home Community in New Hartford Fire District Number 1, while the New Hartford Fire Department receives the tax levy money. Clark Mills Fire Department feels that they should receive compensation. Councilman Butler will consult with New Hartford Fire Chief David Reynolds about the matter.

Town Supervisor Humphreys acknowledged a letter from St. John the Evangelist Church Trustee John Grygiel regarding a deficit the Church is experiencing with the community building; the Town Supervisor will consult with Trustee Grygiel as the Town leases space for the Adult Dining & Activity Center.

Upon presentation by the Town Supervisor, the following Resolution was introduced for adoption by Councilman Waszkiewicz and duly seconded by Councilman Backman:

WHEREAS, New York State has created the Economic Development Zone program to encourage industrial and commercial development in selected municipalities across the State; and

WHEREAS, Oneida County, as an eligible municipality, received designation of an Economic Development Zone on June 3, 1998 made up of sub-zones including portions

of the Town and Village of Frankfort, Village of Ilion, Town of Whitestown, Town of New Hartford, City of Rome; and

WHEREAS, Oneida County subsequently revised and amended the original Economic Development Zone sub-zone boundaries (now referred to as Empire Zones) on August 22, 2002; and

WHEREAS, New York State has amended the Zones program to increase benefits and allow additional sub-zones; and

WHEREAS, Oneida County intends to revise the Empire Zones boundaries to encourage industrial and commercial development and to allow for the creation of an additional sub-zone in the Town of New Hartford; and

WHEREAS, the Town of New Hartford is committed to the development of new business within the proposed sub-zone; and

WHEREAS, the Town of New Hartford wishes to support and concur with the Empire Zone revision application;

NOW, THEREFORE, BE IT RESOLVED if the land designated in the Town of New Hartford as a sub-zone is not developed or does not have a legitimate development plan within nine (9) months of said designation, the Town of New Hartford acknowledges it will relinquish the designation of Empire Zone, for said land, back to the Oneida Herkimer Counties Empire Zone’s land bank for future development; and

NOW, THEREFORE, BE IT RESOLVED that the Town of New Hartford Board, in its capacity as governing body of the Town, does hereby support and concur with the Oneida Herkimer Counties Empire Zone revision application.

A roll call vote ensued:

Councilman Waszkiewicz - Aye

Councilman Woodland - Aye

Councilman Butler - Aye

Councilman Backman - Aye

Supervisor Humphreys - Aye.

The Resolution was declared unanimously carried and duly adopted.

Town Supervisor Ralph Humphreys had presented information to Attorney Kevin Crawford of the State Association of Towns on the Town’s take-over of the Village Police Department in 1985, including the existing school traffic officers. After

reviewing documents and Town Law, Attorney Crawford responded, in concurrence that a Town is not permitted to pay the wages of School Traffic Officers in a village. After discussion, the Town Board concurred that Attorney Rossi put the Village of New Hartford on notice because the Village is planning their budget and the Town may be precluded from funding these positions; further, that Attorney Rossi contact the State Attorney General for a second opinion.

The Town Supervisor has received quotes on photocopier maintenance for Town machines. Upon recommendation of the Town Supervisor, Councilman Butler presented the following Resolution for adoption, seconded by Councilman Waszkiewicz:

RESOLVED that the Town Board of the Town of New Hartford does hereby authorize and direct the Town Supervisor to enter into and to execute a Contract with Arlott Office Products, Inc., 820 Charlotte Street, Utica, New York, who would provide the Town with maintenance of their photocopy machines at $.125 per copy, including all supplies (toner, drums, etc.) but excluding photocopy paper.

A roll call vote ensued:

Councilman Waszkiewicz - Aye

Councilman Woodland - Aye

Councilman Butler - Aye

Councilman Backman - Aye

Supervisor Humphreys - Aye.

The Resolution was declared unanimously carried and duly adopted.

Councilman Waszkiewicz introduced the following Resolution for adoption and Councilman Woodland seconded same:

RESOLVED that the New Hartford Town Board does hereby move to enter into an Executive Session to discuss the possible acquisition of real estate and discuss union negotiations.

A roll call vote ensued:

Councilman Waszkiewicz - Aye

Councilman Woodland - Aye

Councilman Butler - Aye

Councilman Backman - Aye

Supervisor Humphreys - Aye.

Thereafter, the Resolution was declared unanimously carried and duly adopted. All persons present, including the news media, Town Clerk and Deputy, were then excused from the meeting at 11:08 P.M. Attorney for the Town, Vincent Rossi, Jr., remained.

Councilman Waszkiewicz then offered the following Resolution for adoption and Councilman Woodland seconded same:

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:

Councilman Waszkiewicz - Aye

Councilman Woodland - Aye

Councilman Butler - Aye

Councilman Backman - Aye

Supervisor Humphreys - Aye.

The Supervisor declared the Resolution unanimously carried and duly adopted; the Executive Session ended at 11:46 P.M. The regular portion of the Town Board meeting was immediately reconvened.

There being no further business to come before the Town Board, upon motion duly made by Councilman Waszkiewicz and seconded by Councilman Woodland, the meeting was adjourned at 11:47 P.M.