The Town Supervisor called the meeting to order at 7:32 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: Highway Superintendent Roger A. Cleveland

Police Chief Raymond Philo

Telecommunicator Supervisor Jeffrey Madden

Town Clerk Gail Wolanin Young, CMC/RMC and Deputy Town Clerk II Nancy E. Kneller

OTHERS: Attorney Vincent Rossi, Jr. (Arrived at 8:12 P.M.)

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

Action was deferred on the minutes of the Special Meeting held December 31, 2003.

Upon recommendation of the Town Clerk, the following Resolution was introduced for adoption by Councilman Waszkiewicz and duly seconded by Councilman Backman:

WHEREAS, the Village of New York Mills has requested the use of two (2) Town Voting Machines for their Village Election on Tuesday, March 16, 2004; NOW, THEREFORE, BE IT

RESOLVED that the New Hartford Town Board does hereby grant permission to said Village to use two (2) Town Voting Machines for their Village Elections, with

transportation and set-up of the machines to be made with Town Voting Machine Custodian Michael Jeffery, at no cost to the Town of New Hartford.

A roll call vote was duly held and resulted as follows:

Councilman Waszkiewicz - Aye

Councilman Butler - Aye

Councilman Backman - Aye

Councilman Woodland - Aye

Supervisor Humphreys - Aye.

The Resolution was declared unanimously carried and duly adopted.

The following Resolution was introduced for adoption by Councilman Backman and duly seconded by Councilman Waszkiewicz:

RESOLVED that the New Hartford Town Board does hereby grant permission to COMPEER, 1518 Genesee Street, Utica, NY, an organization duly granted a Games of Chance Identification Number by the New York State Racing and Wagering Board, to sell raffle tickets at the Sangertown Square Mall, New Hartford, New York, 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 Town Board voted as follows:

Councilman Waszkiewicz - Aye

Councilman Butler - Aye

Councilman Backman - Aye

Councilman Woodland - Aye

Supervisor Humphreys - Aye.

The Resolution was declared unanimously carried and duly adopted.

Upon recommendation of Telecommunicator Supervisor Jeffrey Madden, Councilman

Waszkiewicz offered the following Resolution for adoption; seconded by Councilman Woodland:

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 an Agreement between said Town and the Village of New York Mills wherein the Town Emergency Dispatch Center will provide dispatch services to said Village during fiscal year 2004, pursuant to the terms and conditions set forth in said Agreement

The foregoing Resolution was duly put to a vote upon roll call, resulting as follows:

Councilman Waszkiewicz - Aye

Councilman Butler - Aye

Councilman Backman - Aye

Councilman Woodland - Aye

Supervisor Humphreys - Aye.

The Resolution was declared unanimously carried and duly adopted.

Upon the request of Parks and Recreation Director Michael Jeffery, the following Resolution was introduced for adoption by Councilman Waszkiewicz and seconded by Councilman Butler:

WHEREAS, a full-time Parks and Recreation Department employee has been out of work on disability and is not expected to return to work for several months; and

WHEREAS, the Parks and Recreation Department has work that needs to be accomplished;

NOW, THEREFORE, BE IT RESOLVED that the New Hartford Town Board does hereby appoint Daniel Maycock and Carson Cunningham as temporary, part-time Substitute Ice Attendants effective January 8, 2004 for a two (2) to three (3) week period until they return to college; their hourly wage is hereby set at Five Dollars and Seventy-five Cents ($5.75), payable bi-weekly.

The Personnel Assistant having reviewed the matter, the Town Clerk then polled the Board members as follows:

Councilman Waszkiewicz - Aye

Councilman Butler - Aye

Councilman Backman - Aye

Councilman Woodland - Aye

Supervisor Humphreys - Aye.

The Resolution was declared unanimously carried and duly adopted.

The Highway Superintendent received Technical Memorandum No. 5 on the Woods Highway project; copies will be made available to any interested Town Board member.

Upon recommendation of the Highway Superintendent, the following Resolution was introduced for adoption by Councilman Backman and duly seconded by Councilman Woodland:

WHEREAS, a Highway Department employee has been out of work on disability since December 2002; and

WHEREAS, the Highway Superintendent had forwarded a letter to said Highway Department employee giving him a time frame in which he must furnish from his physician proof of ability to return to work and to contest his termination; and

WHEREAS, that time frame has expired and Highway Superintendent had met with this employee on Tuesday, January 6, 2004 at which time said employee confirmed he would not be returning to work at the Highway Department; and

WHEREAS, on December 3, 2003 the Town Board had adopted Resolution No. 438 appointing Brian Smith as a temporary, full-time Laborer in the Highway Department, to fill a vacancy due to the disability of Charles Herthum;

NOW, THEREFORE, BE IT RESOLVED that the New Hartford Town Board does

hereby appoint Brian Smith as a Full-time Laborer, effective January 8, 2004 to fill a vacancy created by the permanent disability of Mr. Herthum; the Town Board established his hourly wage at Nine Dollars ($9), payable bi-weekly.

Highway Superintendent Cleveland confirmed that this matter had been reviewed with Personnel Assistant Aiello. Thereafter, a roll call vote was duly held:

Councilman Waszkiewicz - Aye

Councilman Butler - Aye

Councilman Backman - Aye

Councilman Woodland - Aye

Supervisor Humphreys - Aye.

The Supervisor declared the Resolution unanimously carried and duly adopted.

Upon recommendation of the Highway Superintendent, the following Resolution was introduced for adoption by Councilman Backman and duly seconded by Councilman Woodland:

WHEREAS, the Town of New Hartford has received the Easement Agreements for Drainage Improvements and Future Maintenance duly executed by Cheryl Zammiello of 23 Beechwood Road (Tax Map No. 339.011-1-4) and by David and Laurie Bahr of 25 Beechwood Road (Tax Map No. 339.011-1-3);

NOW, THEREFORE, BE IT RESOLVED that the Town Board of said Town does hereby authorize and direct the Town Supervisor to enter into and to execute the aforementioned Easement Agreements wherein the Town will have a right of way for drainage purposes for the conservation of soil and for the control and prevention of soil erosion, and for stormwater management.

Attorney Rossi having reviewed the documents, the Town Clerk then polled the Board members who voted as follows:

Councilman Waszkiewicz - Aye

Councilman Butler - Aye

Councilman Backman - Aye

Councilman Woodland - Aye

Supervisor Humphreys - Aye.

Resolution No. 6 was thereafter declared unanimously carried and duly adopted.

Upon recommendation of the Town Police Chief, Councilman Butler introduced 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 an Agreement between the Governor’s Traffic Safety Committee and the Town of New Hartford wherein the Town Police Department intends, through education and enforcement, to reduce motor vehicle accidents during 2004 by addressing aggressive driving, speed, occupant restraint and education/enforcement program; the total amount of this Grant is Eight Thousand Three Hundred Eighty-five Dollars ($8,385).

Whereupon, a roll call vote was held and resulted as follows:

Councilman Waszkiewicz - Aye

Councilman Butler - Aye

Councilman Backman - Aye

Councilman Woodland - Aye

Supervisor Humphreys - Aye.

The Resolution was declared unanimously carried and duly adopted.

The Town Clerk had received written requests from the Codes Enforcement Officer, Town Police Chief, Senior Engineering Technician, and Highway and Deputy Highway Superintendent who sought permission to use and take a town-owned vehicle to their home. Thereafter, Councilman Backman introduced the following Resolution for adoption and Councilman Butler seconded same:

RESOLVED that the New Hartford Town Board does hereby grant permission for the following Town officials and/or employees to take home a Town-owned vehicle at the end of the workday for the sole use in conducting official Town business, and as provided

for in the Town of New Hartford Employee Handbook, Section 500 – OPERATIONAL POLICIES:

• Codes Enforcement Officer Gerald F. Back
• Deputy Highway Superintendent Anthony DeCuffa
• Highway Superintendent Roger A. Cleveland
• Police Chief Raymond L. Philo
• Recreation Center Manager John C. Cunningham, pending his submittal of a written request
• Sr. Engineering Technician/Stormwater Engineer John Meagher

And be it

FURTHER RESOLVED that a mileage log shall be placed in the vehicles used by the Codes Enforcement Officer, the Recreation Center Manager and the Stormwater Engineer and upon which these employees shall record the nighttime mileage accumulated, including their destination.

The Resolution was subject to roll call:

Councilman Waszkiewicz - Aye

Councilman Butler - Aye

Councilman Backman - Aye

Councilman Woodland - Aye

Supervisor Humphreys - Aye.

The Resolution was declared unanimously carried and duly adopted.

Assessor Committee members/Councilmen Backman and Waszkiewicz met with the Assessor and State Office of Real Property Services in an attempt to resolve some Town issues with the State’s re-assessment program. The Town Board will review a letter before it is mailed to property owners, explaining the re-assessment program; the letter had been expected to be mailed in December 2003.

Based upon a communication from the Town Codes Enforcement Officer, Councilman Backman expressed interest in conducting Town Board meetings at the Kellogg Road

Community Center Building; he cited a number of deficiencies in the Butler Memorial Hall Community Meeting Room. Councilman Butler acknowledged speaking with the Codes Officer, too, and that there were some deficiencies in Butler Memorial Hall when before it was remodeled; he would like the Codes Enforcement Officer to re-inspect Butler Memorial Hall to determine if it would pass current code requirements and inspect the Kellogg Road site to determine any deficiencies at that location. Councilman Waszkiewicz thought it was the Board’s consensus at the December 17, 2003 meeting that this matter would be discussed at a Town Board meeting and that the Codes Enforcement Officer would be present to explain the situation. Councilman Backman had been apprised that the Kellogg Road site needs a handicapped ramp and fire extinguishers; he will ask that the Codes Enforcement Officer attend the January 21, 203 Town Board meeting to discuss this matter.

• Town Web Site - Discussion ensued with Jim and Cathy Lawrence, Webmasters about posting various data on the Web Site. Mr. Lawrence will meet with the Assessor and Assessor Committee to discuss posting assessment information

on the Web Site.

• Status of 501 C 3 for New Hartford Activity Funding Foundation – many applications have come in. The agreement with Grant Consultant Connie Miner has been terminated; Councilman Waszkiewicz may have another grant writer interested in submitting grant applications in behalf of the Town.
• Herkimer-Oneida Economic Development Zone Board - met January 6, 2004 and Councilman Waszkiewicz will give the Town Clerk the December 2003 minutes where the Zone Board passed by-laws that mirror the initial legislation adopted by the Oneida County Board of Legislators in 2002.
• Recreation path dedication in honor of Philip Rayhill – there is an area across from Sanger Public Works Garage on New Hartford Street that might be developed into a little park; consult with the New York State Department of Transportation since it is adjacent to the Judd Road project. Board consensus was to have the Parks and Recreation Advisory Committee put together a plan and offer a recommendation.
• Operator assisted calls during lunch hour – Councilman Waszkiewicz questioned whether the message had been changed; he will follow up with Janice O’Sullivan.
• Contracted and negotiated electric and power charges - the Town Supervisor hadn’t received copies of private sector bids regarding electric and power rates – Councilman Waszkiewicz will follow up.

In response to Councilman Butler’s inquiry about the status of the signs recognizing the Marching Band’s achievement as State Champions, Highway Superintendent Cleveland stated that the Parks and Recreation Director is "…getting them together."

Councilman Woodland will meet with the Highway Superintendent to discuss this matter.

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

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. 49/2003 $ 75.38

General Fund, Part-Town Abstract No. 33/2003 $ 219.98

General Fund Whole-Town Abstract No. 1/2004 $ 936.00

General Fund Whole-Town Abstract No. 2/2004 $ 81,589.87

General Fund Part-Town Abstract No. 1/2004 $ 936.00

General Fund Part-Town Abstract No. 2/2004 $ 21,995.85

Highway Fund Part-Town Abstract No. 1/2004 $ 50,432.39

Street Light Fund Abstract No. 1/2004 $ 23.53

Sewer Fund Abstract No. 1/2004 $ 4,528.98

Water Fund Abstract No. 1/2004 $ 5,888.10

Drainage Abstract No. 1/2004 $ 100.55

TOTAL: $166,726.63

Upon roll call, the Board members voted as follows:

Councilman Waszkiewicz - Aye

Councilman Butler - Aye

Councilman Backman - Aye

Councilman Woodland - Aye

Supervisor Humphreys - Aye.

This Resolution was declared unanimously carried and duly adopted

Relative to Councilman Butler’s inquiry at the December 31, 2003 Special Board meeting, the Supervisor had not communicated with the Bookkeeper about direct deposit of paychecks but will do so and render a report at the January 21, 2004 Town Board meeting.

Based upon the Personnel Assistant’s confirmation that the salaries as submitted coincide with the 2004 approved budget, Councilman Woodland offered the following Resolution for adoption, seconded by Councilman Waszkiewicz:

WHEREAS, Town Law, Section 27, provides that the Town Board of each town shall fix, from time to time, the salaries of all officers, officials and employees of said town, whether elected or appointed, and determine when the same shall be payable;

NOW, THEREFORE, BE IT RESOLVED that the Town Board of the Town of New Hartford does hereby approve and establish the following Schedule of 2004 Salaries for the employees and officials of the Town of New Hartford, payable in the manner designated:

REGULAR TOWN BOARD MEETING

all payable bi-weekly.

Supervisor Humphreys reported that today he had discussed with Deputy Receiver of Taxes Kathleen Glenn the matter of the twenty-seven (27) pay periods in 2004 and having her annual salary divided by twenty-seven (27) and she was amenable to this. Thereafter, the Town Board members voted upon roll call that resulted as follows:

Councilman Waszkiewicz - Aye

Councilman Butler - Aye

Councilman Backman - Aye

Councilman Woodland - Aye

Supervisor Humphreys - Aye.

Supervisor Humphreys declared the Resolution unanimously carried and duly adopted.

Upon recommendation of the Town Supervisor who had conferred with Financial Consultant Patrick Tyksinski, the following Resolution was introduced for adoption by Councilman Backman and duly seconded by Councilman Waszkiewicz:

WHEREAS, fiscal year 2004 has twenty-seven (27) pay periods that occurs approximately every twelve (12) years and the matter of this "lag payroll" needs to be addressed; NOW, THEREFORE, BE IT

RESOLVED that the New Hartford Town Board does hereby adopt the following manner of paying salaries in fiscal year 2004:

• For all Elected Officials – that the salaries adopted in the 2004 Annual Budget be divided by the number of pay periods in 2004, i.e., twenty-seven (27), to avoid overpayment of salaries, as published in Budget Hearing Notice in October 2003

• For all "Salaried" Employees – calculate wages for "salaried" employees, as follows

• all salaried employees’ time will be computed on an hourly basis. The number of days worked have been calculated to equal 261.25 days. The following is the breakdown for both seven (7) and eight (8) hour days based on this calculation.

• 8 hrs x 261.25 days = 2,090 divided into annual salary = hourly rate
• 7 hrs x 261.25 days = 1,828 divided into annual salary = hourly rate.

The Resolution was subject to roll call, resulting as follows:

Councilman Waszkiewicz - Aye

Councilman Butler - Aye

Councilman Backman - Aye

Councilman Backman - Aye

Supervisor Humphreys - Aye.

Supervisor Humphreys declared the Resolution unanimously carried and duly adopted.

The following Resolution was introduced for adoption by Councilman Waszkiewicz and duly seconded by Councilman Butler:

RESOLVED that the New Hartford Town Board does hereby re-appoint Town Justice James VanSlyke as Chief Justice for the Town of New Hartford effective January 1, 2004 and which appointment shall run coterminously with his elected position.

A roll call vote was duly held as follows:

Councilman Waszkiewicz - Aye

Councilman Butler - Aye

Councilman Backman - Aye

Councilman Woodland - Aye

Supervisor Humphreys - Aye.

The Resolution was declared unanimously carried and duly adopted.

Upon request of the Town Supervisor, the following Resolution was introduced for adoption by Councilman Butler and seconded by Councilman Waszkiewicz:

WHEREAS, it has been the practice of the Town of New Hartford for over a decade to purchase and award an "Ironman" plaque to a volunteer firefighter who has shown outstanding service to his/her fire department;

NOW, THEREFORE, BE IT RESOLVED that the New Hartford Town Board does hereby authorize the Town Supervisor to purchase two (2) Ironmen Awards, one each for the Willowvale Fire Company, Inc. and the New Hartford Fire Department, and a third Award, the cost of which will be shared with the Town of Whitestown, for the New York Mills Fire Department.

The Town Board was polled and voted individually as follows:

Councilman Waszkiewicz - Aye

Councilman Butler - Aye

Councilman Backman - Aye

Councilman Woodland - Aye

Supervisor Humphreys - Aye.

Resolution No. 13 was thereafter declared unanimously carried and duly adopted.

A 13-year-Highway Department employee is leaving that Department’s employment and the Highway Superintendent inquired if that individual were to transfer to another Town Department, such as Emergency Dispatch, would the individual’s seniority carry over into the new Department, and from one bargaining unit to another? The Supervisor commented that the Employee Handbook does not address this subject and suggested the Town Board consider clarifying this point.

[NOTE: Attorney Rossi joined the meeting at 8:12 P.M.]

The following Resolution was introduced for adoption by Supervisor Humphreys and duly seconded by Councilman Backman:

WHEREAS, the seven (7) year term of office of Treva Wood as a member of the Town Planning Board had expired on December 31, 2003; and

WHEREAS, the Planning Board membership has not included an attorney since the expiration of Elis J. DeLia’s term of office on December 31, 2000;

NOW, THEREFORE, BE IT RESOLVED that the New Hartford Town Board does hereby appoint Gerald J. Green, Esq., as a Member of the Town Planning Board for a seven (7) year term commencing January 1, 2004 and ending December 31, 2010.

The Town Clerk polled the Board members who voted as follows:

Councilman Waszkiewicz - Aye

Councilman Butler - Aye

Councilman Backman - Aye

Councilman Woodland - Aye

Supervisor Humphreys - Aye.

The Resolution was declared unanimously carried and duly adopted. The Town Supervisor will forward a letter of thanks to Treva Wood for her community service as a Planning Board member.

The following Resolution was introduced for adoption by Councilman Waszkiewicz and seconded by Councilman Backman:

WHEREAS, Zoning Board of Appeals member Gerald J. Green has been appointed as a Member of the Town Planning Board effective January 1, 2004, thereby creating a vacancy in the position of Chairman of the Zoning Board of Appeals;

NOW, THEREFORE, BE IT RESOLVED that the New Hartford Town Board does hereby appoint Zoning Board of Appeals member Randy J. Bogar as Chairman of said Board for a one-year term commencing January 1, 2004 and ending December 31, 2004; the Town Board confirms that Mr. Bogar’s term as a Zoning Board member will expire June 9, 2005.

A roll call vote ensued:

Councilman Waszkiewicz - Aye

Councilman Butler - Aye

Councilman Backman - Aye

Councilman Woodland - Aye

Supervisor Humphreys - Aye.

The Supervisor declared the Resolution unanimously carried and duly adopted.

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

RESOLVED that the Town Board of the Town of New Hartford does hereby re-appoint N. Joseph Yagey as Chairman of the Town Planning Board for a one-year term commencing January 1, 2004 and ending December 31, 2004.

The Town Board voted by roll call as follows:

Councilman Waszkiewicz - Aye

Councilman Butler - Aye

Councilman Backman - Aye

Councilman Woodland - Aye

Supervisor Humphreys - Aye.

The Resolution was declared unanimously carried and duly adopted.

The Union Contract is nearly complete and the Supervisor requested permission to sign the document if Attorney Peter Jones approved it. While some Councilmen had no objection, Councilman Waszkiewicz said he would feel more comfortable to authorize execution of the contract if it’s been ratified first and then has an opportunity to review it.

Based upon the recommendation of Senior Services Director Eileen Spellman, the following Resolution was introduced for adoption by Councilman Waszkiewicz and seconded by Councilman Woodland:

RESOLVED that the New Hartford Town Board does hereby appoint the following individuals to serve a one-year term on the Advisory Committee for Senior Services, commencing January 1, 2004 and ending December 31, 2004:

• Robert Dicker President/"Young at Hearts" Senior Citizens
• Rene Kurdziolek President/Clinton Road Senior Group
• Patricia MacEnroe President/New Hartford Adult Center
• Gretchen Busch The Meadows Senior Club
• Kenneth Rowlands President/County Club Court
• Loretta Mandy President/New York Mills Seniors
• Shirley Williams President/Village Elders Senior Group
• Carol Lally
• Rev. Dominic Blasé
• Eileen Spellman Director of Senior Services
• Ralph B. Humphreys Town Supervisor
• John C. Waszkiewicz III Councilman/Co-Chairman Senior Committee
• David W. Butler Councilman/Co-Chairman Senior Committee
• Jean McBride President/AARP
• Bridget Kopel Oneida County Office of Aging, Outreach
• Carol Jubenville Manager, Sunset Wood Apartments
• Randy Fields Sunset Wood Apartments
• Fr. Joseph S. Zareski St. John the Evangelist Church
• Rev. Janet Hoover New Hartford Presbyterian Church
• Sandra Rooney Manager, Country Club Court Apartments.

The Resolution was voted upon by roll call:

Councilman Waszkiewicz - Aye

Councilman Butler - Aye

Councilman Backman - Aye

Councilman Woodland - Aye

Supervisor Humphreys - Aye.

The Supervisor declared the Resolution unanimously carried and duly adopted.

Councilman Waszkiewicz then introduced the following Resolution for adoption; seconded by Councilman Butler:

RESOLVED that the New Hartford Town Board does hereby re-appoint Susan T. Fountain and Earl R. Cunningham as Trustees on the New Hartford Public Library Board for a five-year term each, commencing January 1, 2004 and ending December 31, 2008.

Whereupon, the Town Board voted as follows:

Councilman Waszkiewicz - Aye

Councilman Butler - Aye

Councilman Backman - Aye

Councilman Woodland - Aye

Supervisor Humphreys - Aye.

The Resolution was declared unanimously carried and duly adopted.

Upon recommendation of the Parks and Recreation Director, Councilman Woodland introduced the following Resolution for adoption; seconded by Councilman Waszkiewicz:

RESOLVED that the New Hartford Town Board does hereby re-appoint the following individuals to the Parks and Recreation Advisory Committee for three-year terms each, commencing January 1, 2004 and ending December 31, 2006:

• Diane Cater
• Lorraine Garfinkel
• Renee Davis
• Peggy Brady
• Deanne Balutis.

Whereupon, the Town Board voted as follows:

Councilman Waszkiewicz - Aye

Councilman Butler - Aye

Councilman Backman - Aye

Councilman Woodland - Aye

Supervisor Humphreys - Aye.

The Resolution was declared unanimously carried and duly adopted.

The following Resolution was introduced for adoption by Councilman Waszkiewicz and duly seconded by Councilman Woodland:

RESOLVED that the New Hartford Town Board does hereby retain the professional legal services of Vincent J. Rossi, Jr. as Attorney for the Town for fiscal year 2004, at the contractual hourly rate of One Hundred Dollars ($100) for services rendered in Town offices and at the contractual hourly rate of One Hundred Twenty-five Dollars ($125) for services rendered in his private law office.

A roll call was duly held and resulted as follows:

Councilman Waszkiewicz - Aye

Councilman Butler - Aye

Councilman Backman - Aye

Councilman Woodland - Aye

Supervisor Humphreys - Aye.

The Resolution was declared unanimously carried and duly adopted.

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

WHEREAS, the sum of Sixty Thousand Dollars ($60,000) had been appropriated for Personal Services in General Fund, Whole-Town Account No. A1420.1, the account reserved for salary of a duly appointed Town Attorney; and

WHEREAS, that New Hartford Town Board retained the services of Attorney Rossi on a contractual basis versus appointment, the latter of which involves payroll, federal and state taxes, social security and fringe benefits;

NOW, THEREFORE, BE IT RESOLVED that the Town Board does hereby authorize and direct the Bookkeeper to make the following Budget revisions for fiscal year 2004:

Account Number Increase Decrease

A1420.1 Personal Services/Attorney $60,000

A1420.4 Contractual/Attorney $60,000.

The Town Board members voted individually as follows:

Councilman Waszkiewicz - Aye

Councilman Butler - Aye

Councilman Backman - Aye

Councilman Woodland - Aye

Supervisor Humphreys - Aye.

The Supervisor declared the Resolution unanimously carried and duly adopted.

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

RESOLVED that the Town Board of the Town of New Hartford does hereby authorize and direct the Bookkeeper to make the following 2004 Budget revisions for the purpose of funding a Dog Enumeration:

Account Number Increase Decrease

A3510.4 Animal Control Contractual $5,000

The Town Clerk requested a vote upon roll call that resulted as follows:

Councilman Waszkiewicz - Aye

Councilman Butler - Aye

Councilman Backman - Aye

Councilman Woodland - Aye

Supervisor Humphreys - Aye.

The Resolution was declared unanimously carried and duly adopted.

Upon presentation of the Town Supervisor, Councilman Butler introduced the following Resolution for adoption and Councilman Woodland seconded same:

RESOLVED that the New Hartford Town Board does hereby re-appoint James F. Spellman as a Member of the Town Police Commission for a five-year term commencing

January 1, 2004 and ending December 31, 2008; Police Commission(er) appointments are the non-salaried, supervisory authority over the Town Police Department.

Discussion followed in which a comment was made that Mr. Spellman believes he’s an employee of the Town and Attorney Rossi’s interpretation was requested. Attorney Rossi stated that if he’s not paid, he’s not an employee. It was requested that this interpretation be conveyed to Mr. Spellman. Thereafter, the Resolution was duly put to a vote upon roll call:

Councilman Waszkiewicz - Aye

Councilman Butler - Aye

Councilman Backman - Aye

Councilman Woodland - Aye

Supervisor Humphreys - Aye.

Thereafter, the Resolution was declared unanimously carried and duly adopted.

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

WHEREAS, on August 1, 2001 the New Hartford Town Board created a Special Committee, namely, the Safety Committee, consisting of five (5) members, one (1) each from the Police, Highway and Comptroller departments, and two (2) Town citizens; and

WHEREAS, on January 16, 2002, the Safety Committee had been increased from five (5) to six (6) members, the sixth position to be filled from the Parks and Recreation Department;

NOW, THEREFORE, BE IT RESOLVED that the said Town Board does hereby increase the membership of the Safety Committee from six (6) to seven (7) members, effective January 7, 2004, and that the seventh position be filled from the Senior Program for the Aging/New Hartford Adult & Dining Activity Center.

A roll call vote ensued:

Councilman Waszkiewicz - Aye

Councilman Butler - Aye

Councilman Backman - Aye

Councilman Woodland - Aye

Supervisor Humphreys - Aye.

The Supervisor declared the Resolution unanimously carried and duly adopted.

The following Resolution was introduced for adoption by Councilman Butler and duly seconded by Councilman Backman:

RESOLVED that the New Hartford Town Board does hereby re-appoint the following Town employees as members of the Safety Committee for a one-year term commencing January 1, 2004 and ending December 31, 2004:

• Deputy Highway Superintendent Anthony DeCuffa
• Parks and Recreation Director Michael W. Jeffery

• Personnel Assistant Barbara Aiello
• Town Police Chief Raymond Philo

And be it

FURTHER RESOLVED that said Town Board does hereby appoint M. Eileen Spellman, Director of Senior Services, to fill the newly-created seventh (7^th) position on the Safety Committee for a one-year term commencing January 1, 2004 and ending December 31, 2004.

It was noted that Robert Payne’s term on this Committee will expire December 31, 2004 and that Ben Benson’s term had expired December 31, 2003 and Mr. Benson is not interested in re-appointment to this Committee. Thereafter, the Town Clerk polled the Board members who voted as follows:

Councilman Waszkiewicz - Aye

Councilman Butler - Aye

Councilman Backman - Aye

Councilman Woodland - Aye

Supervisor Humphreys - Aye.

The Resolution was declared unanimously carried and duly adopted.

Supervisor Humphreys submitted his list of Standing Committees for fiscal year 2004,

noting that two (2) committee changes had been made, namely, the members on the

Public Safety & Court and Town Clerk committees were "..flipflopped:"

Assessor Backman Waszkiewicz Dec 31, 2004

Acknowledging the Supervisor’s change on the Public Safety & Courts Committee, former member Councilman Butler requested that instead of changing both individuals, that at least have one (1) remain because of experience, or both stay on the Public Safety & Court Committee. While he understood Councilman Butler’s request, Supervisor Humphreys stated at this point he would stick with what he has appointed. While Councilman Waszkiewicz felt honored to have the opportunity to work on the Public Safety and Court Committee, he believed an attempt to have maximum continuity was important – if the Supervisor could consider someway to achieve that; from a business prospective, change is healthy but there comes to a point that a break in continuity can be detrimental. Councilman Waszkiewicz wasn’t sure of the process for appointing Standing Committees but believed it was important for him to say and ask the Supervisor to consider that; he reiterated that continuity is more important and Councilman Waszkiewicz would be willing to forego his appointment to this Committee. Councilman Backman noted that a precedent of changing entire committees has been made, citing the Human Resource Committee under former Supervisor Keiser’s administration. Councilman Backman believed it’s very important that all Board members gain experience in all Standing Committees and this necessitates change. As to the process for Standing Committee appointments, Councilman Backman directed Councilman Waszkiewicz’s attention to the Rules of Procedure adopted by the Town Board on December 31, 2003 and as reflected in those minutes.

The Town recently approved the expenditure of Thirty-four Hundred Dollars ($3400) for its half of interior remodeling for the Historical Society at 2 Paris Road; the Village of New Hartford paid a similar amount. The Historical Society would like to install carpeting at a cost of Five Thousand Dollars ($5,000) and has suggested the cost be

divided three (3) ways – the Historical Society, the Village of New Hartford and the Town. After discussion, the Board’s consensus was that the Historical Society should pay half, or Twenty-five Hundred Dollars ($2500), and that the Village and Town of New Hartford should each pay a quarter of the cost, or Twelve Hundred Fifty Dollars ($1250) each.

Highway Superintendent Cleveland stated that, at this meeting, he filed with the Town Clerk the map, plan and report prepared by Burley & Guminiak relating to the Higby Road Water Project. Upon presentation of the Highway Superintendent, the following Resolution was introduced for adoption by Councilman Waszkiewicz, seconded by Councilman Backman:

WHEREAS, the Town Board of New Hartford is considering a proposal to construct the new water system known as the Higby Road Water Project; and

WHEREAS, pursuant to Article 8 of the Environmental Conservation Law and the regulations contained in 6 NYCRR Part 617 adopted pursuant thereto by the Department of Environmental Conservation of the State of New York, hereafter SEQRA, the Town Board must determine whether such proposal may have a "significant effect on the environment" and therefore require the preparation of an environmental impact statement; and

WHEREAS, to aid the Town Board in determining whether the proposal may have a significant impact upon the environment, a full environmental assessment form (EAF) has been prepared, a copy of which was presented and circulated at the Town Board’s October 1, 2003 meeting; and

WHEREAS, pursuant to Part 617, the Town Board has examined the EAF in order to make a determination as to the potential environmental significance of the proposal; and

WHEREAS, the New York State Department of Environmenal Conservation (hereafter "NYSDEC") and New York State Department of Health (hereafter "NYSDOH") and the Town of New Hartford are the involved agencies as that term is defined in 6 (A2) NYCRR Section 617.2(t); and

WHEREAS, no further review is required under SEQRA;

NOW, THEREFORE, BE IT RESOLVED by the Town Board of the Town of New Hartford as follows:

1. Based on its examination of the EAF, the criteria set forth in Sections 617.11 and 617.6 of the regulations, and such further investigation as the Town Board has deemed appropriate, no potential significant adverse impacts are known;
2. Consent to proceed with the project will not cause a significant impact on the environment, and the Town Board will not require the preparation of an environmental impact statement;
3. A negative declaration is to be prepared; and
4. The Town Clerk of the Town of New Hartford is hereby directed to cause to be filed and circulated the negative declaration in accordance with the requirements

of SEQRA, a copy of the negative declaration shall be maintained in the Office of the Town Clerk in a file that will be readily accessible to the public, and the Clerk shall mail copies, return receipt requested to:

• Office of the Commissioner

Department of Environmental Conservation

50 Wolf Road

Albany, NY 12233

• Environmental Notice Bulletin

NYSDEC

50 Wolf Road, Room 538

Albany, NY 12233-1750

• NYSDOH

Bureau of Public Water Supply

Flanigan Square

547 River Street, Room 400, 4^th Floor

Troy, NY 12180-2216

1. All subsequent notices concerning this project shall state that a negative declaration pursuant to SEQRA has been issued.

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

Councilman Waszkiewicz - Aye

Councilman Butler - Aye

Councilman Backman - Aye

Councilman Woodland - Aye

Supervisor Humphreys - Aye.

The Supervisor declared the Resolution unanimously carried and duly adopted.

The following Resolution was introduced for adoption by Councilman Backman and duly seconded by Councilman Waszkiewicz:

RESOLVED that the Town Board of the Town of New Hartford does hereby authorize and direct the Town Supervisor to execute the SEQR Negative Declaration and full Environmental Assessment Form (EAF) as both relate to the Proposed Higby Road Water Project – Water Storage Tank.

The Town Board members were polled as follows:

Councilman Waszkiewicz - Aye

Councilman Butler - Aye

Councilman Backman - Aye

Councilman Woodland - Aye

Supervisor Humphreys - Aye.

The Supervisor declared the Resolution unanimously carried and duly adopted. Discussion ensued about a purchase option for property on which the tank would be constructed.

The Highway Superintendent reported that Burley & Guminiak has requested that the Town Board, at its next meeting on January 21, 2003, schedule a public hearing upon this proposed water project for Wednesday, February 11, 2003. The matter was held in abeyance until Attorney Rossi can verify the required publication timeframe.

Upon presentation by the Town Supervisor, Councilman Waszkiewicz offered the following Resolution for adoption and Councilman Backman:

WHEREAS, the three-year term of office of Robert B. Bannigan as a Member of the Finance Committee of the Mohawk Valley Water Authority (MVWA), formerly known as the Upper Mohawk Valley Regional Water Board (UMVRWB), had expired on December 31, 2003; and

WHEREAS, this position appointment alternates between the Town of New Hartford and the Town of Whitestown and this position now being Whitestown’s appointment;

NOW, THEREFORE, BE IT RESOLVED that the New Hartford Town Board does hereby authorize and direct the Town Supervisor to forward a letter to Robert B.

Bannigan extending the Town Board’s thanks for his time, efforts and dedication in representing the Town of New Hartford on the MVWA.

The Resolution was duly put to a vote upon roll call:

Councilman Waszkiewicz - Aye

Councilman Butler - Aye

Councilman Backman - Aye

Councilman Woodland - Aye

Supervisor Humphreys - Aye.

Supervisor Humphreys thereafter declared the Resolution unanimously carried and duly adopted.

Highway Superintendent Cleveland stated there was some discrepancy a Resolution adopted November 5, 2003 relative to the wages of Michael Coonradt; after some discussion, the following Resolution was introduced for adoption by Councilman Butler and duly seconded by Councilman Woodland:

RESOLVED that, upon recommendation of the Highway Superintendent, the New Hartford Town Board does hereby amend Resolution No. 410 adopted November 5, 2003 so that it reads as follows:

"RESOLVED that the New Hartford Town Board does hereby approve,

effective immediately, MEO Michael Coonradt’s rate of compensation for performing additional traffic control/buildings and grounds duties at an

additional One Dollar ($1) per hour, except that time when MEO Coonradt temporarily performs HEO work and at such time receives the hourly

differential as specified in the Teamster’s Contract."

A roll call vote was duly held and resulted as follows:

Councilman Waszkiewicz - Aye

Councilman Butler - Aye

Councilman Backman - Aye

Councilman Woodland - Aye

Supervisor Humphreys - Aye.

The Resolution was declared unanimously carried and duly adopted.

The Town Board’s consensus was that one (1) member each of the Town Planning Board and Zoning Board of Appeals be permitted to attend the February 15-18, 2003 Association of Towns education seminars in New York, NY.

Based upon the review of Attorney Rossi and the Supervisor’s approval, the following Resolution was offered for adoption by Councilman Backman and duly seconded by Councilman Waszkiewicz:

RESOLVED that the New Hartford Town Board does hereby authorize and direct the Town Supervisor to execute the Covenant Agreement for the Water Works Corporation pertaining to the Whitetail Meadows Subdivision, off Oneida Street, Chadwicks.

The Resolution was voted upon by roll call:

Councilman Waszkiewicz - Aye

Councilman Butler - Aye

Councilman Backman - Aye

Councilman Woodland - Aye

Supervisor Humphreys - Aye.

Resolution No. 30 was declared unanimously carried and duly adopted.

Councilman Waszkiewicz asked if the Town Board would consider sending a letter to the MVWA relative to a constituent complaint of fumes from the pump operation. Because the pump operation meets Environmental Protection Agency (EPA) regulations, there is nothing the Town can do. The Board was not inclined to send a letter.

There being no further business to come before the Town Board, upon motion of Councilman Butler, seconded by Councilman Waszkiewicz, the meeting adjourned at 9:46 P.M.

Town Clerk