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 F. Back

Director of Senior Services M. Eileen Spellman

Highway Superintendent Roger A. Cleveland

Police Chief Raymond Philo (Arrived at 7:17 P.M.)

Senior Engineering Technician John Meagher

Telecommunicator Supervisor Jeffrey P. Madden

(Arrived at 7:16 P.M.)

Town Clerk Gail Wolanin Young, CMC/RMC

OTHERS: Attorney Vincent Rossi, Jr. (Arrived at 7:17 P.M.)

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

Stormwater Study Proposal – Kellogg, Oxford, Tibbitts Road area

Supervisor Humphreys stated that, after receiving the Town Board’s inquiry about a stormwater study, the Planning Board had reviewed the matter on January 31, 2005 and believed the Town should proceed with the comprehensive area-wide study for the Kellogg-Oxford-Tibbitts Road area. However, the Town Supervisor said there are several reasons we might not want to get into it immediately and stated that Senior Engineering Technician John Meagher has some alternatives. Technician Meagher has been trying to meet with Oneida County officials because Oxford Road is a county road; also, Tibbitts Road from Kellogg Road to NYS Route 12 is a county highway. A study had been completed on the Jubilee Estates development off Tibbitts Road and there appears to be a bottleneck of drainage flowing down to NYS Route 8 (Sauquoit Valley Arterial). New developments such as Longworth Acres and some land on Tibbitts Road, between Tibbitts and Snowden Hill Road, will add to this watershed.

Technician Meagher reviewed a map showing the watershed area for the proposed stormwater study and showing Longworth Acres and Jubilee Estates. Snowden Hill Road, about ¼ mile from Lloyds Lane is one watershed and another watershed above Sleepy Hollow Lane affects Tibbitts Road and flows down to the Jubilee Estates development. The actual study area, if it goes forward, would cross Oxford Road and include part of the Castle Estates development, part of Kellogg Road near Oxford Road (existing big pipe), and lower Tibbitts Road near the existing Jerome Madden Public Safety Building where there’s a major ditch and WTLB; the estimated cost is Thirty-one Thousand Dollars ($31,000).

A survey of the area was accomplished to determine:

• what pipes exist in the proposed study area
• the amount of cubic feet of water each pipe can handle
• which systems fail at times.

The results agreed with findings from:

• Shumaker Engineering (who had reviewed the Longworth Acres project at the request of the Planning Board and also completed a study for the Jubilee Estates developer)
• Donald Ehre, P.E. (who performed a study for the Jubilee Estates developer)
• Al Swierzek, P.E. (who, at the request of the Planning Board, had reviewed Donald Ehre’s study for Jubilee Estates).

Discussion ensued with several recommendations having been made by Technician Meagher to reduce the flow off the Jubilee Estates property.

Councilman Backman agreed there are goals that have to be met stating, "… fix it and fix it by NOT moving it [stormwater run-off] somewhere else."

Attorney Rossi arrived at 7:17 P.M. and asked for time to discuss this matter with Technician Meagher and review the recommendations; he doesn’t know the answer. "Can the Town hold the engineer liable for bad judgment? It’s difficult to prove," the Attorney said.

The Supervisor would like to try the avenue presented by Technician Meagher at an estimated cost of One Thousand Dollars ($1,000) rather than authorizing a $31,000 study. Technician Meagher believes there might be a better answer in a month after meeting with the Oneida County Department of Public Works. Meanwhile, Technician Meagher will bring Shumaker Engineering in for a workshop and this matter will be placed on the Agenda for the March 2, 2005 Town Board meeting.

At 7:35 P.M. Donald Bataille and Laurence Heininger of HBMA, PLLC then addressed concerns expressed at the November 18, 2004 Town Board meeting with regard to consolidating Town offices at the former Partlow building on Campion Road:

• Sufficient parking spaces

• Village Code requires 130 spaces
• Town Offices will need 150 spaces
• The proposal shows 173 spaces

• Sufficient area for senior citizen activities
• Area within the building
• Circulation as it ties into the parking areas.

Mr. Bataille then reviewed:

• Various accesses to the building
• Handicapped accessibility
• Entrance canopies
• Square footage for departments
• Cost estimate
• Floor plan 2 different layouts – Option B and Option C

Discussion ensued with Councilmen Waszkiewicz and Butler pointing out deficiencies in either comparables, lack of a chart setting forth future operation & maintenance costs, and questioning fiscal prudence in buying a building and an adjacent property for parking that would be exorbitant. Some residents in attendance believed the Town was approaching this in the wrong way and that constructing a new facility with appropriate space for growth for all departments might be more acceptable to Town residents.

After further discussion with Attorney Rossi about option agreements for the Partlow property and adjacent parcel and adoption of a Bond Resolution, the latter of which would force a Special Town Election, the presentation and subject discussion ended at 9:08 P.M. with no action being taken by the Town.

After reviewing minutes that had been mailed to all Board members, Councilman

Woodland 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 Regular Town Board meeting held December 1, 2004 and does further waive the reading of the same.

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 duly ADOPTED.

Supervisor Humphreys acknowledged that on Page 15 of these minutes the incorrect salary amount had been given to the Town Clerk and therefore needs to be corrected. Councilman Butler 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 December 15, 2004 with the following correction on Page 15:

• The salary of the Plumbing Inspection should read $6,500 with a three percent (3%) raise in 2005

and does further waive the reading of the same.

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 duly ADOPTED.

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 29, 2004 and does further waive the reading of the same.

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 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 January 5, 2005 and does further waive the reading of the same.

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 duly ADOPTED.

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

RESOLVED that the New Hartford Town Board does hereby accept and approve as submitted the minutes of the Special Town Board meeting held January 11, 2005 and does further waive the reading of the same.

Upon roll call, the Board members voted as follows:

Councilman Waszkiewicz - Aye

Councilman Butler - Aye

Councilman Woodland - ABSTAINED, because he

did not attend this meeting

Councilman Woodland - Aye

Supervisor Humphreys - Aye.

The Resolution was declared carried and duly ADOPTED.

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

RESOLVED that the New Hartford Town Board does hereby accept and approve as submitted the minutes of the Regular Town Board meeting held January 19, 2005 and does further waive the reading of the same.

Upon roll call, the Board members voted as follows:

Councilman Waszkiewicz - ABSTAINED, because he

did not attend this meeting

Councilman Butler - ABSTAINED, because he

did not attend this meeting

Councilman Woodland - Aye

Councilman Backman - Aye

Supervisor Humphreys - Aye.

The Resolution was declared carried and duly ADOPTED.

Codes Enforcement Officer Gerald Back explained that on numerous occasions the Codes Officers and Plumbing Inspector have been called to building sites for inspections only to find that:

• The work to be inspected is incomplete
• When the original inspections were performed with notations of work to be corrected and the corrections were incomplete
• Deviation from plans requiring approval from the Building Official.

He submitted proposed fees and will work with Attorney Rossi and the Town Clerk to prepare the necessary legislation for Public Hearing.

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

WHEREAS, the Town of New Hartford, hereinafter referred to as the "Town", is proposing to cause to be constructed a water storage tank to serve town residents, businesses, and institutions; and

WHEREAS, the Town of New Hartford Town Board must evaluate all proposed actions submitted for its consideration that may affect the environment in light of the State Environmental Quality Review Act (SEQRA) and the regulations promulgated thereunder; and

WHEREAS, the involved agencies [as that term is defined in 6(A-2) NYCRR 617.2(t)] include the New York State Department of Health and the New York State Department of

Environmental Conservation, and the required environmental review will be conducted solely by the Town of New Hartford Board of Trustees; and

WHEREAS, the Town of New Hartford Board of Trustees desires to serve and act as the lead agency for the purposes of SEQR; and

WHEREAS, to aid the Town of New Hartford Board of Trustees in determining whether the Action may have a significant impact on the environment, a Full Environmental Assessment Form dated January 26, 2005 has been prepared by the Town and a copy of which has been filed with the Town Clerk;

NOW, THEREFORE, BE IT RESOLVED by the Town of New Hartford Board of Trustees of the Town of New Hartford that:

• The Town of New Hartford Board of Trustees makes the following findings and determinations with respect to the proposed project

• The project constitutes an "Type I Action" as that term is defined in Section 6(A-2) NYCRR Section 617.2(kk) and 617.11;

The Town of New Hartford Board of Trustees desires to serve as lead agency for the purposes of SEQR.

The Town Clerk shall cause the New York State Department of Environmental Conservation, as the other "involved agency" to be notified of this resolution.

A roll call vote was duly held as follows:

Councilman Waszkiewicz - Aye

Councilman Butler - Aye

Councilman Woodland - Aye

Councilman Backman - Aye

Supervisor Humphreys - Aye.

The Resolution was declared unanimously carried and duly ADOPTED.

At time the original Environmental Assessment Form (EAF) had been completed on the Higby Road Water project, the water tank site hadn’t been identified; now that the site has been identified, a new EAF for the entire project – including the water tank site – had to be completed. Upon recommendation of Highway Superintendent Cleveland, the

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

RESOLVED that the New Hartford Town Board does hereby authorize and direct the Town Supervisor, or his Deputy, to sign the new full Environmental Assessment Form (EAF), dated January 26, 2005, with relation to the Proposed Higby Road Water District.

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 duly ADOPTED.

Highway Superintendent Cleveland presented a map of the Town prepared by the Town Planner showing all street light districts, except the General Town Street Light District. This is the first update to the early 1960’s map that the Town Clerk-Records Management Officer has on file in the Records Center Archival room.

Councilmen Backman and Butler will meet with Attorney Rossi to investigate the feasibility of establishing a town-wide street light district.

Because it had been learned that the Taber Road-Tilden Ave intersection was in fact located within an existing Street Light District, namely, the Taber Road Street Light District, subsequent to adoption of the January 5, 2005 Town Board Resolution No. 11, Councilman Backman moved to put a stay on the street light installation, until it is determined whether to place the light and its annual cost into the Taber Road Street Light District or the General Town Street Light District; there was no second to the motion. Therefore, the Town Clerk will notify Niagara Mohawk to install the light and charge the costs to the General Town Street Light District as originally authorized.

Councilman Backman believes the Town has most of the information it had requested from the Sitrin Healthcare agency, which is currently doing some cost analysis on the Cedarbrook proposal. Therefore, it was Town Board consensus to reach a decision whether to grant this project tax-exempt status – pending any unforeseen events – either at the March 2, 2005 or April 6, 2005 Town Board meeting.

Councilman Backman reported a good turnout of residents at the January 26, 2005 neighborhood meeting he and the Highway Superintendent had sponsored. Residents expressed concerns about sidewalk installation, relocation of utility poles, elimination of open ditches and possible development of a tract of land between Chapman and Mallory Roads.

• Annexation of New York Mills property at corner of Henderson and Commercial Drive – New York Mills Village Board of Trustees reached consensus to approve the petition when presented
• Town Questionnaire – Councilman Waszkiewicz sent the form to the Webmaster for posting on the Town’s official Web Site
• Property Assessments listed on the Town’s official Web Site – This needs to occur and is in the process
• Green Waste and Tree Pick-up - After checking with other municipalities, it seems prudent to consider adjusting the Town’s pick-up policy to eliminate the distinction between homeowner and contractor, as long as the material is generated from a resident’s yard. It seems appropriate to limit the amount that the Town would remove at no charge as well as to coordinate dates for acceptable road replacement – looking for recommendations from the Public Works/Sewers Committee
• Improve existing Town Offices – Administrative office layout paid by Butler Memorial Hall Trustees is now available. Hummel’s reports adequate space for existing requirements for full consolidation of administrative offices, possibly not room for expansion – definitely not enough room for centralized records center.
• Subdivision Regulations – Parks Master Plan Trail System – Recreation areas green space – recommend again that the Planning Board review and communicate their recommendations
• Sample noise ordinance – sample legislation not received yet from General Code Publishers
• Letter to NYS Department of Transportation – the Board reviewed Councilman Waszkiewicz’s draft letter requesting DOT to evaluate the "no turn on red" and

improving pedestrian crossings at Henderson Street and on Commercial Drive. Consensus was reached for entire Board to sign this letter.

• Mohawk Valley Water Authority – officially request MVWA to use the unused holding ponds in the Southern Reservoir system (Valley View Road) for stormwater management detention basins and get their commitment in writing. Councilman Waszkiewicz will draft a letter for approval at the February 16, 2005 Town Board meeting

As a result of repeated offenses at certain residential properties, Chief Philo will form a small working group to discuss possible legislation that would hold a landlord responsible to supervise their tenants. This group, to include Councilman Woodland, will then make recommendation to the Town Board.

On recommendation of the Town Supervisor, Councilman Backman 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 payment of the bills itemized on the following Abstracts, which had been duly audited by the Town Board:

2005 -

General Fund Whole-Town Abstract No. 3

Vouchers A205-A210; A289 $ 3,336.14

General Fund Whole-Town Police Abstract No. 3A

Vouchers A211 $ 413.97

General Fund Whole-Town Abstract No. 4

Vouchers A212-A288; A307 $130,814.84

General Fund Whole-Town Police Abstract No. 4A

Vouchers A290-A306 $ 27,197.09

General Fund Part-Town Abstract No. 3

Voucher B21 $ 300.00

General Fund Part-Town Abstract No. 4

Vouchers B12-B20 $ 4,778.30

Highway Fund Part-Town Abstract No. 3

Voucher DB44 $ 211.11

Highway Fund Part-Town Abstract N o. 4

Vouchers DB45-DB70 $ 75,773.74

Sewer Fund Abstract No. 3

Voucher SS11-SS15 $ 3,854.35

Capital Drainage Account Abstract No. 3

Voucher HC3-HC6 $ 192.39

TOTAL: $246,660.82

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.

The Town Board reviewed fifteen (15) proposed Resolutions to be voted upon by each Town delegate at the State Association of Towns Business Meeting on February 23, 2005. Councilman Butler is to cast an affirmative vote for each proposal unless he hears otherwise from Board members.

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

RESOLVED, that the Town Board of the Town of New Hartford does hereby amend the Rules of Procedure, adopted annually at the Reorganizational meeting, as follows effective January 1, 2006:

VI. SPECIAL COMMITTEES:

Add: All unpaid citizens’ Committees/Commissions Chairpersons will have a

maximum three (3) year term to be rotated within the respective group.

This process may be postponed for one (1) year upon Town Board receipt

of a waiver from the Department Head and a three-quarter (3/4) vote of the respective Committee/Commission. A person may be re-appointed after a one-year absence from the Chairperson position.

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.

This Resolution was declared unanimously carried and duly ADOPTED.

Supervisor Humphreys has received a binding agreement for financial contribution to the Central New York Regional Transportation Authority (CNYRTA), formerly the Utica Transit Authority (UTA). Discussion ensued with Councilman Backman commenting that if bus services are lowered in the Town, that the Town’s financial contribution should be likewise adjusted. No action was taken at this time. [NOTE: See minutes of December 1, 2004 Town Board meeting, Resolution No. 402.]

The Town of New Hartford is hosting the March 15, 2005 Oneida County Association of Towns business meeting at the New Hartford American Legion. Usually elected officials, department heads and occasionally deputies are authorized to attend in accordance with past policy. According to the Town Supervisor, about half the Highway Department wants to attend this meeting in support of Highway Superintendent Cleveland and they want the Town to pay for their meal. Town Board consensus was to keep the past policy in tact; therefore, no action was taken.

Upon recommendation of Director of Senior Services M. Eileen Spellman, 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 increase the membership on the Advisory Committee on Senior Services by one (1) position and does further

appoint Nancy Hartman, employee at the Sunset Wood Apartments, to fill this new position effective immediately and for a one-year term ending December 31, 2005.

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.

Supervisor Humphreys said he had learned from the Internet that a New Hartford Town Official had received in 2004 an envelope containing a white powder, the sender being anonymous and he inquired of the Town Police Chief what Town Official had received the threat. Police Chief Philo responded that this is a criminal investigation that may result in an arrest and that he would gladly discuss this matter with the full Town Board in Executive Session. No further action was taken.

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

RESOLVED that the New Hartford Town Board does hereby move to enter into an Executive Session to discuss litigation, namely, the Town of New Hartford vs Philip Hale, and certiorari proceeding of Cifarelli vs the Town of New Hartford) and to discuss the employment history of a particular employee.

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 10:20 P.M.

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 10:47 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 and seconded, the meeting was adjourned at 10:48 P.M.