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: Codes Enforcement Officer Gerald Back

Highway Superintendent Roger A. Cleveland

Parks & Recreation Director Michael Jeffery

Town Clerk Gail Wolanin Young, CMC/RMC and

Deputy Town Clerk I Margaret M. Jones

Town Police Chief Raymond Philo

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

Action was deferred until the May 4, 2005 Town Board meeting because Attorney Rossi, who was out of town, must be consulted on a Resolution adopted April 6, 2005.

Shirley Riggles noted that last Wednesday the Town Highway Department picked up the brush at the Wedgewood Apartments and on Thursday the apartment complex was placing debris out again. Ms. Riggles had called the Highway Superintendent and was waiting to hear from him regarding this matter. Highway Superintendent Cleveland explained that a letter was sent the next day after the complaint was received to Wedgewood Apartments asking them to comply with the schedule, and enclosed another trash flyer with his letter. Wedgewood Apartment personnel were also asked to place all green waste by the culvert. The Highway Superintendent will report at the next Town Board Meeting regarding this matter. Ms Riggles "thanked" Highway Superintendent Cleveland for acting so promptly on this matter.

Jerome Donovan addressed the matter of enforcement of illegal temporary/portable signs

that he’d discussed with Codes Enforcement Officer Gerald Back; approximately twenty (20) illegal signs exist within the Town. Mr. Donovan would appreciate the Town addressing and enforcing the Zoning Law as to these types of signs.

Jerome Donovan challenged the Town of New Hartford’s authority to enter into a Municipal Service Agreement, dated March 24, 2004, with Preswick Glen. He questioned the following points with regards to this MSA:

• Legal authority granting town government the right to waive the real property tax obligations of a planned retirement community designed for upper income and high net worth senior citizens
• No written opinion of the Town Attorney or the Attorney for Preswick Glen is part of the agreement
• This is a public policy question reserved for the state legislature
• The MSA language itself acknowledges that there is no foundational support for the agreement
• Loss of assessed valuation of property in town
• An increase and shift in the property tax burden at the town, county and school district levels
• Precedent for similar future projects in the Town
• Gives "higher wealth senior citizens" a "lifetime tax holiday"
• Cost county and school district hundreds of thousands of dollars annually in real property tax payments
• Transfers wealth from younger taxpayers to high net worth seniors
• Subsequent care at either Presbyterian Home assisted living or skilled nursing facilities is not guaranteed
• Challenging this Agreement under the Indemnification Clause (6) and asking that the Town nullify the Agreement on the basis that the Town has no statutory authority to have executed this Agreement.

Councilman Backman invited Mr. Donovan to meet with him regarding Municipal Service Agreements he has from other localities. Mr. Donovan questioned why no written legal Opinion from the Town Attorney is included in this Agreement and he believed that the Town needs to defend what is on the public record. The Town Supervisor stated the Town would be unable to do anything about this matter tonight since Attorney Rossi is out of town. Councilman Waszkiewicz informed Mr. Donovan that he had correspondence from the Town Attorney, School Board Attorney and the County attorney relative to the Preswick Glen MSA and he would furnish copies to Mr. Donovan. As to Mr. Donovan’s challenge of the MSA, the Town Supervisor will contact Attorney Rossi when the Attorney returns from vacation.

Responding to Jerome Donovan’s concerns about temporary/portable signs, Codes Enforcement Officer Back stated that – prior to the current administration – he had been asked by the Town Board to back off the enforcement of portable/"sandwich"/blinking signs because some business owners objected, stating the signs were their only means of advertising. However, under the Zoning Law, these temporary signs are prohibited, and the Codes Enforcement Officer has no problem with going from business to business and request that the owners remove them. The temporary usage of these signs for a few days is fine. The Codes Enforcement Officer would like to see this law enforced and he’s already contacted businesses in the Washington Mills area. The law is practical and businesses have twenty (20) days in which to comply with the law once the Codes Department has notified them. Before the Codes Enforcement Officer mails a letter to the business owner, he routinely visits a business to personally inform the owner of the law. "Garage Sale Signs" are not permitted off the owner’s property and have been removed on a regular basis; "Campaign Signs" are exempt from this law. The consensus of the Board was that the law should be enforced; the Codes Enforcement Officer will resume enforcement.

.

The Codes Enforcement Officer received a letter from the Faxton-St Luke’s Healthcare Foundation requesting that the Town waive the fees for the cost of a building permit, certificate of occupancy, sewer and water hook-up and storm water control permits on the "Miracle Home" project, which will be built by Lewis Custom Homes in the Whitetail Meadows subdivision, Chadwicks, NY. Codes Officer Gerald Back estimated the permits would normally bring in Five Hundred Dollars ($500) and stated that the Town has waived these types of fees previously. The same type of inspections would be performed as are completed with any other newly constructed home within the Town of New Hartford. Upon the recommendation of the Codes Enforcement Officer, Councilman Waszkiewicz presented the following Resolution for adoption; seconded by Councilman Butler:

WHEREAS, the Faxton-St. Luke’s Healthcare Foundation is sponsoring the construction of a "Miracle Home" in the Whitetail Meadows Subdivision, Chadwicks, New York, with proceeds to be donated to the Children’s’ Miracle Network; and

WHEREAS, said Faxton-St. Luke’s Healthcare Foundation has requested that the Town consider waiving all permit fees associated with construction of this "Miracle Home";

NOW, THEREFORE, BE IT RESOLVED that the Town Board of the Town of New Hartford does hereby waive the cost of all permit fees associated with the construction of the "Miracle Home" in the Whitetail Meadows Subdivision, Chadwicks, New York, inasmuch as proceeds will benefit a not-for-profit organization.

Upon roll call, the Board members voted as follows:

Councilman Waszkiewicz - Aye

Councilman Butler - Aye

Councilman Woodland - Aye

Councilman Backman - Aye

Supervisor Humphreys - Aye.

The Resolution was declared unanimously carried and ADOPTED.

Codes Enforcement Officer Gerald Back presented a quote for a computer upgrade. After a brief discussion, 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 Codes Enforcement Officer to purchase a new Computer for his office, the cost of which is included in the 2005 Budget for the Codes Department.

The Town board voted upon roll call as follows:

Councilman Waszkiewicz - Aye

Councilman Butler - Aye

Councilman Woodland - Aye

Councilman Backman - Aye

Supervisor Humphreys - Aye.

The Resolution was declared unanimously carried and ADOPTED.

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

RESOLVED that the New Hartford Town Board does hereby appoint the following individuals to the various part-time seasonal positions and for the hourly wages set opposite their several names, for the Highway Department, all wages to be paid bi-weekly:

Keith Gehringer Laborer $7.75 per hour April 11, 2005

Wayne Rich Laborer 7.75 per hour May 1, 2005

Evan Rossi Laborer 8.00 per hour May 1, 2005

Bryon Rich Laborer 8.00 per hour May 1, 2005

Michael Shaw Laborer 8.00 per hour May 1, 2005

Theodore Mohr Laborer 8.00 per hour May 1, 2005

Allison Back Student Worker 8.00 per hour May 1, 2005

Whereupon, the Town Board voted upon roll call:

Councilman Waszkiewicz - Aye

Councilman Butler - Aye

Councilman Woodland - Aye

Councilman Backman - Aye

Supervisor Humphreys - Aye.

The Resolution was declared unanimously carried and ADOPTED.

The Highway Superintendent presented a proposed agreement with Shumaker Consulting for an Analysis Interceptor Ditch and for two (2) additional service items. He recommended approval of the Analysis Interceptor Ditch, but to put a hold on the other two (2) items that Shumaker Consulting. Thereafter, Councilman Waszkiewicz presented the following Resolution for adoption, seconded by Councilman Butler:

RESOLVED that the New Hartford Town Board does hereby authorize and direct the Town Supervisor to enter into and to execute an Agreement with Shumaker Consulting Engineering & Land Surveying to perform an Analysis Interceptor Ditch, southeast of Wadsworth Road and extending from approximately Tilden Avenue to the end of Wadsworth Road at the confluence of another ravine. The cost of such study shall not exceed Four Thousand Dollars ($4,000), which amount was granted the Town through a State Legislative member item.

The Town Board voted upon roll call as follows:

Councilman Waszkiewicz - Aye

Councilman Butler - Aye

Councilman Woodland - Aye

Councilman Backman - Aye

Supervisor Humphreys - Aye.

The Resolution was declared unanimously carried and ADOPTED.

Upon recommendation of the Highway Superintendent, 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 Roadside Mowing Agreement between the Town and the County of Oneida wherein the Town agrees to mow town and county roads within the Town of New Hartford during the 2005 Summer Season and the County agrees to furnish the mower that is to be attached to a town tractor and operated by a town employee, and as more fully defined in said Agreement.

The Town Board voted upon roll call as follows:

Councilman Waszkiewicz - Aye

Councilman Butler - Aye

Councilman Woodland - Aye

Councilman Backman - Aye

Supervisor Humphreys - Aye.

The Resolution was declared unanimously carried and ADOPTED.

Upon recommendation of the Highway Superintendent, Councilman Butler presented 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 Highway Superintendent to install three (3) "Deaf Child" signs as follows:

Two (2) signs on Foxcroft Road

One (1) at 1 Woodstream Court

AND BE IT FURTHER RESOLVED that these signs shall be removed after a period of ten (10) years.

Further discussion was held which the Town Supervisor asked the Highway Superintendent to notify the parents of the child that, should they move from the residence before the ten (10) year period expires, that they should notify the Town.

Upon roll call, the Town Board voted as follows:

Councilman Waszkiewicz - Aye

Councilman Butler - Aye

Councilman Woodland - Aye

Councilman Backman - Aye

Supervisor Humphreys - Aye.

The Resolution was declared unanimously carried and ADOPTED.

Addressing Councilman Backman, the Highway Superintendent reported that the Town is on track and it’s his understanding that Mr. Hale had been on the site to do preparation work. Councilman Backman stated that he had been there and could see where the owner had taken down some trees, but he does not believe that the site has been graded.

Highway Superintendent Cleveland anticipates that the work will be completed by July 2005 and that the Town would be able to return the old portion of the road to the Wilcox Family at that time.

Upon request of Superintendent of Highways Cleveland, Councilman Woodland presented the following Resolution for adoption, which was seconded by Councilman Butler:

RESOLVED that the New Hartford Town Board shall receive sealed bids for Bituminous Concrete paving in accordance with Town specifications; all bids are to be received by the Town Clerk’s Office no later than 10:45 A.M. on Tuesday, May 17, 2005

and then shall be publicly opened and read aloud at 11:00 A.M. on said date and in said Office; and be it

FURTHER RESOLVED that the said Town Board does hereby authorize and direct the Town Clerk to publish the legal requisite Advertisement-Invitation to Bid in the Observer Dispatch.

The Town Board voted upon roll call as follows:

Councilman Waszkiewicz - Aye

Councilman Butler - Aye

Councilman Woodland - Aye

Councilman Backman - Aye

Supervisor Humphreys - Aye.

The Resolution was declared unanimously carried and ADOPTED.

Upon recommendation of the Highway Superintendent, Councilman Woodland offered 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 Renewal Agreement for Solid Waste Collection and Disposal between the Oneida Herkimer Solid Waste Authority and the Town of New Hartford for a period of ten (10) years.

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

Councilman Waszkiewicz - Aye

Councilman Butler - Aye

Councilman Woodland - Aye

Councilman Backman - Aye

Supervisor Humphreys - Aye.

The Resolution was declared unanimously carried and ADOPTED.

Councilman Waszkiewicz asked the Highway Superintendent which offices would be ready to received the new "times 2" filing equipment obtained through an Active Files Records Management grant. Town Clerk-Records Management Officer stated that the

Police Department, Town Supervisor, Accounting, Personnel and Town Clerk/Registrar offices would receive their equipment first.

The NYS Department of Transportation will not be doing anything with this corridor until the Judd Road/Henderson Street Bridge is completed. Councilman Waszkiewicz suggested that he, Highway Superintendent Cleveland and the Mayor of New York Mills have a meeting to discuss the left-hand turn from Henderson Street onto Commercial Drive. The Highway Superintendent also stated that he had asked the Department of Transportation for a proposed realignment of the Clinton Street Bridge in front of Miga Auto Sales.

The Highway Superintendent has not heard from the Mohawk Valley Water Authority regarding the use of the holding ponds in the Southern reservoir system for stormwater management detention basins.

Parks and Recreation Director:

Upon recommendation of the Parks and Recreation Director, 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 appoint the following individuals to the various part-time seasonal positions and for the hourly wages set opposite their several names, for the Parks and Recreation Department, all wages to be paid bi-weekly:

Michael Harrigan Park Laborer II $7.90 per hour April 18, 2005

Adam Griffin Park Laborer II 7.90 per hour May 16, 2005

Michael Steele Park Laborer II 7.90 per hour May 16, 2005

Steven Harmon Park Laborer II 7.90 per hour May 16, 2005

Michael DePhillips Park Laborer II 7.90 per hour May 16, 2005

Dustin Benton Park Laborer I 7.90 per hour May 16, 2005

Richard Davies Park Laborer I 7.40 per hour May 16, 2005

Dean Kivela Park Laborer I 7.40 per hour May 16, 2005

Edmund Timpano Park Laborer I 7.40 per hour May 16, 2005

James Miller Crew Supervisor/

Gardner 9.98 per hour April 18, 2005

Edward Bowes Part-Time Laborer/

Green Thumb Program 8.25 per hour April 18, 2005

Diane Muller Pool Director/ 10.92 per hour June 20, 2005

Evening Supervisor 7.73 per hour June 20, 2005

Liam Dwyer Assistant Director 9.00 per hour June 20, 2005

Anna Wanner Certified WSI 9.00 per hour June 20, 2005

Jenna Humphreys WSI 8.30 per hour June 20, 2005

Mary Carol Karl Certified WSI 9.00 per hour June 20, 2005

Paul Manfredo Certified WSI 9.00 per hour June 20, 2005

Kathryn Karl Lifeguard &

Substitute Instructor 7.60 per hour June 20, 2005

Kelly Becraft Certified WSI 9.00 per hour June 20, 2005

Lauren Dunn Certified WSI 9.00 per hour June 20, 2005

David Maliani Evening Lifeguard 7.60 per hour June 20, 2005

Bryce Lamberto Evening Lifeguard 7.60 per hour June 20, 2005

Erica Masi Lifeguard &

Substitute Instructor 7.60 per hour June 20, 2005

Kacie Cunningham Evening Lifeguard 7.60 per hour June 20, 2005

Kevin Dwyer Evening Lifeguard 7.60 per hour June 20, 2005

Sean Dwyer Evening Lifeguard 7.60 per hour June 20, 2005

Michelle Becraft Evening Lifeguard 7.60 per hour June 20, 2005

Brendan Galinn Evening Lifeguard 7.60 per hour June 20, 2005

Sean Dakus Substitute Evening

Lifeguard 7.60 per hour June 20, 2005

Shelby Dakus Substitute Evening

Lifeguard 7.60 per hour June 20, 2005

Lindsay Mundrick Evening Girls Locker

Attendant 6.00 per hour June 20, 2005

Craig Sherman Boys Locker Attendant 6.00 per hour June 20, 2005

Ashley Mundrick Day Girls Locker

Attendant 6.00 per hour June 20, 2005

Ashley Mundrick Evening Lifeguard 7.60 per hour June 20, 2005

Matt Watkajtys Substitute Evening

Lifeguard 7.60 per hour June 20, 2005

Elaine Hage Water Aerobics

Instructor 35.00 per hour June 20, 2005

Linda Budlong Water Aerobics

Instructor 35.00 per hour June 20, 2005

Maurine Farruggia Water Aerobics

Instructor 35.00 per hour June 20, 2005

Rachel Mohr Director at

Chadwicks 10.22 per hour June 20, 2005

Christine Cahill Ass’t Director at

Chadwicks 8.75 per hour June 20, 2005

Travis Owens Rec. Attendant II

at Chadwicks 7.25 per hour June 20, 2005

Courtney Usmail Rec. Attendant II

at Chadwicks 7.25 per hour June 20, 2005

Sean Dakus Rec. Attendant I at

Chadwicks 6.15 per hour June 20, 2005

Amanda Horth Rec. Attendant I at

Chadwicks 6.15 per hour June 20, 2005

Arity Buckley Director at Oxford Rd. 10.22 per hour June 20, 2005

Kristi Denison Ass’t Director at Oxford

Road 8.75 per hour June 20, 2005

Shaun McQueary Rec. Attendant II at

Oxford Road 7.25 per hour June 20, 2005

Theresa Corleto Rec. Attendant II at

Oxford Road 7.25 per hour June 20, 2005

Marc Montesano Rec. Attendant I at

Oxford Road 6.15 per hour June 20, 2005

Shelby Dakus Rec. Attendant I at

Oxford Road 6.15 per hour June 20, 2005

Bianca Falange Rec. Attendant I at

Oxford Road 6.15 per hour June 20, 2005

Sarah Batson Co-Director at Clinton

Road 10.22 per hour June 20, 2005

Adrianne Greer Co-Director at Clinton

Road 10.22 per hour June 20, 2005

Kimberly Alberico Rec. Attendant II at

Clinton Road 7.25 per hour June 20, 2005

Tracy Steele Rec. Attendant II at

Clinton Road 7.25 per hour June 20, 2005

Joseph Karam Rec. Attendant II at

Clinton Road 7.25 per hour June 20, 2005

Mark Bieganowski Rec. Attendant I at

Clinton Road 6.15 per hour June 20, 2005

Jeffrey Lenard Director at Higby Road 10.22 per hour June 20, 2005

Shirley Root Ass’t Director at

Higby Road 8.75 per hour June 20, 2005

Matt Watkajtys Rec. Attendant I at

Higby Road 6.15 per hour June 20, 2005

Robert Greer Rec. Attendant II at

Higby Road 7.25 per hour June 20, 2005

Elizabeth Perra Rec. Attendant II at

Higby Road 7.25 per hour June 20, 2005

Sarah Heil Rec. Attendant I at

Higby Road 6.15 per hour June 20, 2005

Barbara Kivela Head Bus Driver 11.70 per hour June 20, 2005

Linda Mundrick Bus Driver 11.00 per hour June 20, 2005

Tim Madden Adult Basketball

Director 16.15 per hour June 20, 2005

Jerry Pitarresi Adult Basketball

Assistant Director 11.15 per hour June 20, 2005

Ed Prue Youth Basketball Dir. 14.31 per hour June 20, 2005

Harold Kaffka Adult Pickup Basket-

ball Supervisor 13.50 per hour June 20, 2005

George Kazanjian St. John’s Basketball

Director 16.15 per hour June 20, 2005

Garrett Lubertine Tennis Instructor 15.00 per hour June 20, 2005

Steve Orton Summer Theater Dir. 17.75 per hour June 20, 2005

Jesse Orton Summer Theater

Assistant Director 8.10 per hour June 20, 2005

Whereupon, the Town Board voted upon roll call:

Councilman Waszkiewicz - Aye

Councilman Butler - Aye

Councilman Woodland - Aye

Councilman Backman - Aye

Supervisor Humphreys - Aye.

The Resolution was declared unanimously carried and ADOPTED.

Due to the good weather, the Parks and Recreation Director reported that he was able to open all of the Town Parks by April 15, 2005.

Councilman Wazkiewicz asked the Parks and Recreation Director if there is a potential of freeing the Town from mowing cul-de-sacs. Director Jeffery stated that he has gone

through the advisory process and had a couple of recommendations; he noted that Attorney Rossi also has some concerns which will be discussed with the Parks and Recreation Director and Town Supervisor.

Responding to Councilman Waszkiewicz’s inquiry about the grant for an outdoor skating rink that wasn’t approved by the State for 2005, Parks and Recreation Director Michael Jeffrey has already re-applied but has not heard anything. He has knowledge that grant applications have been reviewed and believes that the Town should know by July 1, 2005 whether the Town would receive a grant to fund this project.

Bookkeeper Carol Fairbrother had inquired as to the value of a 1996 Dodge Intrepid, VIN 2B3HD46F6TH166647, which had been given to the Oneida County District Attorney’s Office by the Town Police Department. Because there was no Town Board Resolution authorizing the transfer and the Certificate of Title was in the Town’s name, the Town Clerk asked for clarification of the matter. Police Chief Raymond Philo explained that the automobile had been given to the Town by Oneida County as part of a DWI Grant, and that the Town has now returned the Dodge Intrepid to the District Attorney’s Office. The Town Supervisor will discuss the value of the vehicle with the vehicle; it was further emphasized that the Town Clerk’s Office, which handles insurance, should be notified of any vehicle that the Town has, but does not own.

Having received a letter from the Willowvale Fire Company giving permission to the Town to use their new firehouse for voting purposes, the Town Clerk presented the following Resolution that was introduced for adoption by Councilman Backman and seconded by Councilman Waszkiewicz:

WHEREAS, the current polling site for Ward 1 District 2, namely, the Donovan Community Center, Elm Street, Chadwicks, was inadequate parking facilities and limited space for conducting elections since this facility is also shared by the Animal Control Officer;

NOW, THEREFORE, BE IT RESOLVED, that the New Hartford Town Board does hereby change the polling location for voters in Ward 1 District 2 from the Donovan Community Center Building to the recently constructed Willowvale Firehouse, 3459 Oneida Street, Chadwicks, New York, effective immediately.

Whereupon, the Town Board voted upon roll call:

Councilman Waszkiewicz - Aye

Councilman Butler - Aye

Councilman Woodland - Aye

Councilman Backman - Aye

Supervisor Humphreys - Aye.

The Resolution was declared unanimously carried and ADOPTED.

After having received concerns from Ward 3 District 1 election workers about the inequality of voters in Ward 3 District 1 compared to Ward 3 District 3, Town Clerk Gail Wolanin Young obtained a list of registered voters from the Oneida County Board of Elections for each of the voting districts. Upon review of the County’s lists and comparing them to the Town’s Election Map, the Town Clerk discovered that the County Board of Elections had placed the entire Bohling tract (Bonnie Ave, Croft Road, Daley Place, Gary Ave, Graham Ave, etc.) and the odd-numbered homes on a portion of Oxford Road into Ward 3 District 1, when these voters should have been listed in Ward 3 District 3, involving two hundred seventeen (217) residents. The Town Clerk has notified the County Board of Elections of this error and the Board of Elections will notify the affected voters. This re-adjustment will bring a total of 809 voters in Ward 3 District 1 and 639 voters in Ward 3 District 3. The Town Clerk further reported that since this error has been recognized and corrected there would be no need for redistricting this Ward.

• Sitrin – Report from Committee - This matter deserves a decision as per Councilman Backman. Councilman Waszkiewicz stated that the Sitrin Home owes a response. As soon as a response is received, the Town Board will be able to continue with this matter and hopefully reach a decision
• Town Board Meetings - Councilman Backman reminded those present that beginning May 4, 2005 and until September 21, 2005, the Town Board meetings will be held at the Kellogg Road Community Center Building
• Water District Update – Reports from Attorney and Highway Superintendent – (this was covered under the Highway Superintendent’s report)

• Sessions Road Realignment and Construction – (covered under the Highway Superintendent’s report)

Agenda items:

• Annexation – New York Mills – Councilman Waszkiewicz has contacted the New York Mills Mayor and provided the updated map and will coordinate the appropriate petitions once received from Attorney Rossi. The New York Mills Village Attorney will do what needs to be done to crystallize the annexation process
• Allocation of Police Charges – On Tax Bills – Excerpt from the Association of Towns correspondence - "re: sales tax revenue: The town must use it for part-town purposes. If there is a balance left after using it to reduce PT property tax (to zero) it can be used to reduce whole town property taxes, reduce county taxes (PT) or other PT activities. (Section 1262 © & (d) of the Tax Law)" Their interpretation indicated, "the Supervisor can state what he wants".
• Property Assessments listed on the Town Official Website - Time line for uploading to the web. As per Councilman Waszkiewicz, this item and the town-wide reassessment go hand-in-hand. Councilman Waszkiewicz proposed that the process the residents need to take also be posted and will discuss this matter at the next meeting. Councilman Waszkiewicz would like to have the taxpayers involved as to what is being placed on the website.
• Appointment Process - The Town Clerk confirmed that the employees’ handbook for non-union employees provides that job openings be posted; it was questioned whether this provision applies to openings on the Zoning Board of Appeals. Information needs to be given to the Webmaster regarding any upcoming appointments.
• Improve existing Town Offices – (… was discussed under the Highway Superintendent’s agenda items)
• Intermunicipal/multi-county Agreement - between the Town of New Hartford and the Town of Frankfort to seek funding for Storm Water Analysis of flows between the two towns. Councilman Waszkiewicz will forward the draft after the both Town Attorneys review it. (This matter was discussed under the Highway Superintendent’s agenda items.)
• Sample Noise Ordinance/Nuisance Abatement Legislation – Sub-committee has met and regarding the noise ordinance, the committee recommends "No action at this time." Regarding nuisance abatement, the committee is still reviewing options; a recommendation wasn’t available at the time of this agenda printing
• DOT Requesting Review for No Turn On Red and Improving of Pedestrian Crossings at Henderson Street and Commercial Drive – this was discussed under the Highway Superintendent’s agenda items

• Officially request MVWA Approval To Use Holding Ponds in the Southern Reservoir System for Storm Water Management Detention Basis – Awaiting official response from the Mohawk Valley Water Authority.
• Town-Wide Reassessment – Cancel mailing the Request for Proposal (RFP). Outline process to identify any errors
• Re-engineering The Way Services Are Delivered - Councilman Waszkiewicz distributed a Sample Resolution Board consideration.

After some discussion, Councilman Waszkiewicz presented the following Resolution for adoption; seconded by Councilman Butler:

RESOLVED that the following recommendations be submitted to New York State Senators Raymond Meier and Joseph Bruno, New York State Assembly Representative David Townsend and Sheldon Silver, New York State Association of Towns and Governor George Pataki, with a letter on behalf of the citizens of the Town of New Hartford urging their immediate attention:

WHEREAS, the residents of the Town of New Hartford have collectively considered the local issues of greatest concern to them and identified high property taxes as one of the highest priority among them; and

WHEREAS, funding for local governmental services, including public education, is provided primarily through a tax on the estimated value of property; and

WHEREAS, the welfare of the Town of New Hartford homeowners is jeopardized by the rapid increase in the costs of public education and the inability of many homeowners to pay these increased costs; and

WHEREAS, the increasing burden of public education on taxpayers also impacts on the ability to raise other taxes to provide services and to fund Town-specific and local initiatives important to the well being of the community.

THEREFORE, the Town Board of the Town of New Hartford appeals to New York State public officials to implement new measures for financing public education, including the following suggested actions:

1. Ensure equity in a formula for funding public education based on the taxpayers’ ability to pay.
2. Decrease the revenue raised from tax sources based on the value of dwellings.

REGULAR TOWN BOARD MEETING

April 20, 2005

Page 17

3. Refrain from imposing state mandated requirements upon school systems without corresponding state funding.
4. Adjust the formulas on revenues earmarked as aid to education from state lottery and other future gaming activities so that the annual percentage is substantially increased from current levels.
5. Maintain the enhanced STAR exemption for the town’s neediest citizens, but also increase the STAR exemption for senior citizens specifically at all income levels.
6. Regain lost tax revenue from the above action through income tax.

Whereupon, the Town Board voted upon roll call:

Councilman Waszkiewicz - Aye

Councilman Butler - Aye

Councilman Woodland - Aye

Councilman Backman - Aye

Supervisor Humphreys - Aye.

The Resolution was declared unanimously carried and ADOPTED.

Supervisor Humphreys had spoken with Camden Town Supervisor Daniel Yourdon regarding a vote on sharing the County sales tax, and Mr. Yourdon did not believe it was time to bring this matter to a vote at this time until the Medicaid problem is solved at the County level. Councilman Waszkiewicz stated it was his understanding that the timing for this may be coming again in the near future.

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, that have been duly audited by the Town Board:

General Fund Whole-Town Abstract No. 13

Vouchers AA594-AA630; AA636-AA648 $125,258.28

General Fund Whole-Town (Police) Abstract No. 13A

Vouchers AA631-AA635 $ 714.55

General Fund Whole-Town Abstract No. 14

Vouchers AA649 $ 1,250.00

General Fund Part-Town Abstract No. 10

Voucher BB59-BB64 $ 4,089.85

Highway Fund Part-Town Abstract No. 9

Voucher DB210-DB228 $ 15,583.33

Sewer Fund Abstract No. 9

Voucher SS27 $ 1,200.00

Street Light Fund Abstract No. 5

Voucher SL 5 $ 7,301.75

Higby Road Water Tank Abstract No. 6

Voucher HF6 $ 72,138.27

TOTAL: $227,536.03

Whereupon, the Town Board members voted individually as follows:

Councilman Waszkiewicz - Aye Councilman Butler - Aye

Councilman Backman - Aye

Councilman Woodland - Aye

Supervisor Humphreys - Aye

This Resolution was declared carried and duly ADOPTED.

Upon recommendation of the Town Supervisor, the following Resolution was introduced for adoption by Councilman Butler and duly seconded by Councilman Wazkiewicz

:

RESOLVED that the New Hartford Town Board does hereby appoint Cherie Fairbrother as a Sub Clerk in the Accounting Office, effective June 27, 2005, at an hourly rate of Eight Dollars ($8.00), payable bi-weekly.

Whereupon, the Town Board voted upon roll call:

Councilman Waszkiewicz - Aye

Councilman Butler - Aye

Councilman Woodland - Aye

Councilman Backman - Aye

Supervisor Humphreys - Aye.

The Resolution was declared unanimously carried and ADOPTED.

Upon recommendation of Police Chief Raymond L. Philo, Councilman Waszkiewicz presented the following Resolution for adoption; seconded by Councilman Butler:

WHEREBY, On February 28, 2003, the President of the United States issued Homeland Security Presidential Direction-5, entitled "Management of Domestic Incidents." This document directs the Secretary of Homeland Security to develop and administer a National Incident Management System (NIMS). This system provides a consistent nationwide template to enable Federal, State, and Local governments and, private sector organizations to work together effectively and efficiently to prepare for, prevent, respond to, and recover from Domestic incidents, regardless of cause, size or complexity, including acts of catastrophic terrorism. NIMS represents a core set of doctrine, concepts, principles, terminology and an organizational process to enable effective, efficient and collaborative incident management at all levels. Presidential Homeland Security Directive-5 requires Federal Departments and agencies to make adoption of NIMS by state and local organizations a condition for Federal preparedness assistance beginning in fiscal year 2005.

NOW, THEREFORE, BE IT RESOLVED that the Town Board of the Town of New Hartford does hereby adopt the National Incident Management System as a template and management tool to handle all Domestic incidents as the term is defined by Homeland Security Directive-5. The Chief of the town of New Hartford, to amend the Jurisdictions emergency Management Plan to reflect the adoption of NIMS.

Whereupon, the Town Board voted upon roll call:

Councilman Waszkiewicz - Aye

Councilman Butler - Aye

Councilman Woodland - Aye

Councilman Backman - Aye

Supervisor Humphreys - Aye.

The Resolution was declared unanimously carried and ADOPTED.

REGULAR TOWN BOARD MEETING

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 land acquisition and the Kevin Collins litigation matter.

A roll call vote ensued:

Councilman Waszkiewicz - Aye

Councilman Butler - Aye

Councilman Woodland - Aye

Councilman Backman - Aye

Supervisor Humphreys - Aye.

Thereafter, the Resolution was declared unanimously carried and duly ADOPTED. All persons present, including the news media and Town Clerk, were then excused from the meeting at 9:00 P.M.

{NOTE: The Town Supervisor provided the following on Thursday, April 21, 2005.]

Councilman Waszkiewicz then offered the following Resolution for adoption and Councilman Butler 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 Butler - Aye

Councilman Woodland - Aye

Councilman Backman - Aye

Supervisor Humphreys - Aye.

The Supervisor declared the Resolution unanimously carried and duly ADOPTED; the Executive Session ended at 9:45 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 9:46 P.M.