The Town Supervisor called the meeting to order at 8:20 A.M. and led those in attendance in the Pledge of Allegiance to the American Flag.

TOWN BOARD MEMBERS: Councilman Donald C. Backman

Councilman David W. Butler

Supervisor Ralph B. Humphreys

OTHERS: Attorney Vincent J. Rossi, Jr.

ABSENT: **Councilman John C. Waszkiewicz, III

**Councilman Richard B. Woodland, Jr.

*Town Clerk Gail Wolanin Young, CMC/RMC

Thereafter, a quorum was declared present for the transaction of business. The Town Supervisor had contacted the Board members and Attorney about 5:30 P.M. on Monday, January 10, 2005 to schedule this Special Meeting to address the Hale option for the Higby Road water tank project. In the absence of the *Town Clerk who had not been contacted or notified about this Special Meeting, Attorney Rossi was delegated to record the proceedings. **Councilmen Waszkiewicz and Woodland were unable to attend due to their full-time jobs.

Councilman Backman 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 pending litigation by the Town of New Hartford vs Phillip Hale relative to enforcement of the Hale option agreement pertaining to the Higby Road water tank.

A roll call vote ensued:

Councilman Waszkiewicz - ABSENT

Councilman Butler - Aye

Councilman Woodland - ABSENT

Councilman Backman - Aye

Supervisor Humphreys - Aye.

Thereafter, the Resolution was declared unanimously carried and duly ADOPTED, with the Board entering Executive Session at 8:21 A.M.

Councilman Backman 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 - ABSENT

Councilman Butler - Aye

Councilman Woodland - ABSENT

Councilman Backman - Aye

Supervisor Humphreys - Aye.

The Supervisor declared the Resolution unanimously carried and duly ADOPTED; the Executive Session ended at 8:29 A.M. The regular portion of the Town Board meeting was immediately reconvened.

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

RESOLVED that the New Hartford Town Board does hereby agree and authorize commencement of legal action and file a notice of pendency against Philip Hale to enforce the Option Agreement to acquire the water tower site for the Higby Road Water District for reasons reflected on the attached check and letters showing breach by Hale.

The Town Board voted upon roll call as follows:

Councilman Waszkiewicz - ABSENT

Councilman Butler - Aye

Councilman Woodland - ABSENT

Councilman Backman - Aye

Supervisor Humphreys - Aye.

The Resolution was thereafter declared unanimously carried and duly ADOPTED.

There being no further business to come before the Town Board, upon motion duly made and seconded, the meeting was adjourned at 8:32 A.M.