REGULAR MEETING OF THE TOWN BOARD OF

THE TOWN OF NEW HARTFORD, NEW YORK, HELD

AT BUTLER MEMORIAL HALL, IN SAID TOWN ON

WEDNESDAY, JANUARY 17, 2007 AT 6:00 P.M.

The Town Supervisor called the meeting to order at 6:00 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 Robert A. Payne III

Councilman John C. Waszkiewicz III

Councilman David M. Reynolds

Councilman Richard B. Woodland, Jr.

Supervisor Earle C. Reed

OTHER TOWN OFFICIALS: Assessor Paul E. Smith

Highway Superintendent Roger A. Cleveland

Planner Kurt Schwenzfeier

Town Clerk Gail Wolanin Young, CMC/RMC and

Deputy Town Clerk I Margaret M. Jones

Supervisor Reed asked that everyone remain standing and offer a moment of silence for the Corr Family who are attending the trial. for John T. Healy who has been charged with the February 27, 2006 murder of their son, New Hartford Police Officer Joseph Corr.

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

MINUTES APPROVAL

December 20, 2006 Town Board Minutes

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

(RESOLUTION NO. 2 OF 2007)

RESOLVED that the New Hartford Town Board does hereby accept and approve as submitted the minutes of the Regular Town Board meeting held December 20, 2006 and does further waive the reading of the same.

Upon roll call, the Board members voted as follows:

Councilman Waszkiewicz - Aye

Councilman Reynolds - Aye

Councilman Woodland - Aye

Councilman Payne - Aye

Supervisor Reed - Aye.

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The Resolution was declared unanimously carried and duly ADOPTED.

December 28, 2006 Town Board minutes

Action was deferred on these minutes until the next Town Board meeting on February 7, 2007.

REPORTS OF TOWN OFFICIALS

Town Planner:

Upon request of Town Planner Kurt Schwenzfeier, the following Resolution was introduced for adoption by Councilman Waszkiewicz; seconded by Councilman Payne:

(RESOLUTION NO. 3 OF 2007)

WHEREAS, Section 77-b of the General Municipal Law allows the governing board of municipalities to authorize any officer or employee to attend a convention, conference or school conducted for the betterment of such municipality;

NOW, THEREFORE, BE IT RESOLVED that the Town Board of the Town of New Hartford does hereby grant permission to Town Planner Kurt Schwenzfeier to attend the American Planning Association conference from April 14-18, 2007 in Philadelphia, Pennsylvania, with expenses to be borne by said Town as budgeted.

The Resolution was voted upon by roll call as follows:

Councilman Waszkiewicz - Aye

Councilman Reynolds - Aye

Councilman Woodland - Aye

Councilman Payne - Aye

Supervisor Reed - Aye.

The Resolution was declared unanimously carried and duly ADOPTED.

MATTERS SUBMITTED BY TOWN SUPERVISOR

Financial:

Audit of Vouchers

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

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(RESOLUTION NO. 4 OF 2007)

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. 1

Vouchers AA1 – AA86; AA105 – AA140;

Vouchers AA142 – AA144 $ 434,333.46

General Fund Whole-Town Police Abstract No. 1A

Vouchers AA104 & AA141 $ 200,664.81

General Fund Part-Town Abstract No. 1

Vouchers BB1 – BB11 $ 30,543.39

Highway Fund Part-Town Abstract No. 1

Vouchers DB1 – DB21 $ 349,601.92

Sewer Fund Abstract No. 1

Vouchers SS1 –SS7 $ 35,881.29

Street Lighting Fund Abstract No. 1

Voucher SL1 $ 8,529.88

Water Fund Abstract No. 1

Voucher FF1 $ 4,934.78

Drainage Capital Abstract No. 1

Vouchers HC1 – HC5 $ 7,923.89

Higby Road Water Tank Abstract No. 1

Voucher HF1 $ 960.00

TOTAL: $1,073,373.42

Whereupon, the Town Board members voted individually as follows:

Councilman Waszkiewicz - Aye

Councilman Reynolds - Aye

Councilman Woodland - Aye

Councilman Payne - Aye

Supervisor Reed - Aye.

This Resolution was declared unanimously carried and duly ADOPTED.

BOND RESOLUTIONS

The Town Clerk then read a synopsis of eight (8) Bond Resolutions that the Town Board would consider re-adopting and which would be subject to a Special Town Election.

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Amendatory Bond Resolution – Purchase of Highway Plows (October 19, 2005)

The following resolution was offered by Supervisor Reed, who moved its adoption, seconded by Councilman Payne, to-wit:

(RESOLUTION NO. 5 OF 2007)

AMENDATORY BOND RESOLUTION DATED JANUARY 17, 2007.

A RESOLUTION AMENDING A BOND RESOLUTION ADOPTED BY THE TOWN OF NEW HARTFORD, ONEIDA COUNTY, NEW YORK, IN CONNECTION WITH THE PURCHASE OF HIGHWAY PLOWS, TO EXTEND THE MAXIMUM MATURITY OF BONDS AUTHORIZED TO BE ISSUED BEYOND FIVE YEARS.

WHEREAS, the Town Board of the Town of New Hartford, Oneida County, New York, duly adopted a bond resolution on October 19, 2005, authorizing the issuance of $243,174 serial bonds of said Town to pay the cost of the purchase of highway plows, including apparatus, in and for said Town; and

WHEREAS, such bond resolution restricts the maximum maturity of the bonds to five years; and

WHEREAS, it is now desired to remove such restriction and authorize the financing of $243,174 over the period of probable usefulness assigned thereto; NOW, THEREFORE, BE IT

RESOLVED, by the affirmative vote of not less than two-thirds of the total voting strength of the Town Board of the Town of New Hartford, Oneida County, New York, as follows:

Section 1. The bond resolution set forth in the preambles is hereby amended to provide that the maximum maturity of the bonds therein authorized will be fifteen years and will thus exceed five years with respect to the issuance of $243,174 bonds authorized therein.

Section 2. Upon this resolution taking effect, the same shall be published in summary form in the Observer Dispatch, the official newspaper of said Town for such purpose, together with a notice of the Town Clerk in substantially the form provided in Section 81.00 of the Local Finance Law.

Section 3. THIS RESOLUTION IS ADOPTED SUBJECT TO APPROVAL OF THE ELECTORS THEREOF AT A SPECIAL ELECTION TO BE HELD ON MARCH 29, 2007.

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The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows:

Councilman Waszkiewicz - Aye

Councilman Woodland - Aye

Councilman Reynolds - Aye

Councilman Payne - Aye

Supervisor Reed - Aye.

The resolution was thereupon declared duly ADOPTED.

Amendatory Bond Resolution – Acquisition of Trucks (May 16, 2006)

The following resolution was offered by Councilman Waszkiewicz, who moved its adoption, seconded by Councilman Woodland, to-wit:

(RESOLUTION NO. 6 OF 2007)

AMENDATORY BOND RESOLUTION DATED JANUARY 17, 2007.

A RESOLUTION AMENDING A BOND RESOLUTION ADOPTED BY THE TOWN OF NEW HARTFORD, ONEIDA COUNTY, NEW YORK, IN CONNECTION WITH THE ACQUISITION OF TRUCKS, TO EXTEND THE MAXIMUM MATURITY OF BONDS AUTHORIZED TO BE ISSUED BEYOND FIVE YEARS.

WHEREAS, the Town Board of the Town of New Hartford, Oneida County, New

York, duly adopted a bond resolution on May 16, 2006, authorizing the issuance of $173,205 serial bonds of said Town to pay the cost of the acquisition of trucks in and for said Town; and

WHEREAS, such bond resolution restricts the maximum maturity of the bonds to five years; and

WHEREAS, it is now desired to remove such restriction and authorize the financing of $173,205 over the period of probable usefulness assigned thereto; NOW, THEREFORE, BE IT

RESOLVED, by the affirmative vote of not less than two-thirds of the total voting strength of the Town Board of the Town of New Hartford, Oneida County, New York, as follows:

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Section 3. THIS RESOLUTION IS ADOPTED SUBJECT TO APPROVAL OF THE ELECTORS THEREOF AT A SPECIAL ELECTION TO BE HELD ON MARCH 29, 2007.

The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows:

Councilman Waszkiewicz - Aye

Councilman Woodland - Aye

Councilman Reynolds - Aye

Councilman Payne - Aye

Supervisor Reed - Aye.

The resolution was thereupon declared duly ADOPTED.

Bond Resolution – Construction of Improvements at the Highway Garage

The following resolution was offered by Councilman Reynolds, who moved its adoption, seconded by Councilman Woodland, to wit:

(RESOLUTION NO. 7 OF 2007)

BOND RESOLUTION DATED JANUARY 17, 2007.

A RESOLUTION AUTHORIZING THE CONSTRUCTION OF IMPROVEMENTS AT THE HIGHWAY GARAGE IN AND FOR THE TOWN OF NEW HARTFORD, ONEIDA COUNTY, NEW YORK, AT A MAXIMUM ESTIMATED COST OF $45,000 AND AUTHORIZING THE ISSUANCE OF $45,000 BONDS OF SAID TOWN TO PAY THE COST THEREOF.

BE IT RESOLVED, by the affirmative vote of not less than two-thirds of the total voting strength of the Town Board of the Town of New Hartford, Oneida County, New York, as follows:

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Section 1. The construction of improvements at the highway garage in and for the Town of New Hartford, Oneida County, New York, is hereby authorized, including original furnishings, equipment, machinery, apparatus, appurtenances, and other improvements and expenses incidental thereto, is hereby authorized, at a maximum estimated cost of $45,000.

Section 2. The plan for the financing of the aforesaid maximum estimated cost is by the issuance of $45,000 bonds of said Town, hereby authorized to be issued therefor pursuant to the provisions of the Local Finance Law.

Section 3. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is twenty-five years pursuant to subdivision 12(a)(1) of paragraph a of Section 11.00 of the Local Finance Law. It is hereby further determined that the maximum maturity of the bonds herein authorized will exceed five years.

Section 4. The faith and credit of said Town of New Hartford, Oneida County, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such bonds as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year. There shall annually be levied on all the taxable real property of said Town, a tax sufficient to pay the principal of and interest on such bonds as the same become due and payable.

Section 5. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the bonds herein authorized, including renewals of such notes, is hereby delegated to the Supervisor, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said Supervisor, consistent with provisions of the Local Finance Law.

Section 6. All other matters except as provided herein relating to the bonds herein authorized including the date, denominations, maturities and interest payment dates, within the limitations prescribed herein and the manner of execution of the same, including the consolidation with other issues, and also the ability to issue with substantially level or declining annual debt service, shall be determined by the Supervisor, the chief fiscal officer of such Town. Such bonds shall contain substantially the recital of validity clause provided for in Section 52.00 of the Local Finance Law, and shall otherwise be in such form and contain such recitals, in addition to those required by

Section 51.00 of the Local Finance Law, as the Supervisor shall determine consistent with the provisions of the Local Finance Law.

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Section 7. The validity of such bonds and bond anticipation notes may be contested only if:

1) Such obligations are authorized for an object or purpose for which said Town is not authorized to expend money, or

2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with,

and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or

3) Such obligations are authorized in violation of the provisions of the

Constitution.

Section 8. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150-2. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein.

Section 9. Upon this resolution taking effect, the same shall be published in full or in summary form in The Observer Dispatch, which is hereby designated as the official newspaper of said Town for such purpose, together with a notice of the Town Clerk in substantially the form provided in Section 81.00 of the Local Finance Law.

Section 10. THIS RESOLUTION IS ADOPTED SUBJECT TO APPROVAL OF THE ELECTORS THEREOF AT A SPECIAL ELECTION TO BE HELD ON MARCH 29, 2007.

The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows:

Councilman Waszkiewicz - Aye

Councilman Woodland - Aye

Councilman Reynolds - Aye

Councilman Payne - Aye

Supervisor Reed - Aye.

The resolution was thereupon declared duly ADOPTED.

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Bond Resolution – Construction of Town-wide Storm Water Management Improvements

The following resolution was offered by Councilman Waszkiewicz, who moved its adoption, seconded by Councilman Payne, to-wit:

(RESOLUTION NO. 8 OF 2007)

BOND RESOLUTION DATED JANUARY 17, 2007.

A RESOLUTION AUTHORIZING THE CONSTRUCTION OF TOWN-WIDE STORM WATER MANAGEMENT IMPROVEMENTS IN AND FOR THE TOWN OF NEW HARTFORD, ONEIDA COUNTY, NEW YORK, AT A MAXIMUM ESTIMATED COST OF $2,000,000 AND AUTHORIZING THE ISSUANCE OF $2,000,000 BONDS OF SAID TOWN TO PAY THE COST THEREOF.

BE IT RESOLVED, by the affirmative vote of not less than two-thirds of the total voting strength of the Town Board of the Town of New Hartford, Oneida County, New York, as follows:

Section 1. The construction of town-wide storm water management improvements in and for the Town of New Hartford, Oneida County, New York, including mains, pumping stations, buildings, land or right-in-land, and original furnishings, equipment, machinery, apparatus, appurtenances, and other improvements and expenses incidental thereto, is hereby authorized, at a maximum estimated cost of $2,000,000.

Section 2. The plan for the financing of the aforesaid maximum estimated cost is by the issuance of $2,000,000 bonds of said Town, hereby authorized to be issued therefor pursuant to the provisions of the Local Finance Law.

Section 3. It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes is forty years pursuant to subdivision 4 of paragraph a of Section 11.00 of the Local Finance Law. It is hereby further determined that the maximum maturity of the bonds herein authorized will exceed five years.

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Section 7. The validity of such bonds and bond anticipation notes may be contested only if:

1) Such obligations are authorized for an object or purpose for which said Town is not authorized to expend money, or

2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with,

and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or

3) Such obligations are authorized in violation of the provisions of the Constitution.

Section 8. This resolution shall constitute a statement of official intent for

purposes of Treasury Regulations Section 1.150-2. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein.

Section 9. Upon this resolution taking effect, the same shall be published in full or in summary form in the Observer-Dispatch, which is hereby designated as the official

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newspaper of said Town for such purpose, together with a notice of the Town Clerk in substantially the form provided in Section 81.00 of the Local Finance Law.

Section 10. THIS RESOLUTION IS ADOPTED SUBJECT TO APPROVAL OF THE ELECTORS THEREOF AT A SPECIAL ELECTION TO BE HELD ON MARCH 29, 2007.

The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows:

Councilman Waszkiewicz - Aye

Councilman Woodland - Aye

Councilman Reynolds - Aye

Councilman Payne - Aye

Supervisor Reed - Aye

The resolution was thereupon declared duly ADOPTED.

Bond Resolution – Purchase and Renovation of Building at 1 Oxford Crossing

The following resolution was offered by Councilman Reynolds, who moved its adoption, seconded by Councilman Waszkiewicz, to-wit:

(RESOLUTION NO. 9 OF 2007)

BOND RESOLUTION DATED JANUARY 17, 2007.

A RESOLUTION AUTHORIZING THE PURCHASE OF A BUILDING AT 1 OXFORD CROSSING FOR VARIOUS TOWN PURPOSES AND RENOVATIONS THEREOF IN AND FOR THE TOWN OF NEW HARTFORD, ONEIDA COUNTY, NEW YORK, AT A MAXIMUM ESTIMATED COST OF $1,500,000 AND AUTHORIZING THE ISSUANCE OF $1,500,000 BONDS OF SAID TOWN TO PAY THE COST THEREOF.

BE IT RESOLVED, by the affirmative vote of not less than two-thirds of the total voting strength of the Town Board of the Town of New Hartford, Oneida County, New York, as follows:

Section 1. The purchase of a building at 1 Oxford Crossing for use as a police station and also to house Codes Enforcement and Zoning, Planner–Planning Board, Assessor and Engineering and authorizing renovations thereof, including original furnishings, equipment, machinery or apparatus required thereat in and for the Town of New Hartford, Oneida County, New York, is hereby authorized at a maximum estimated cost

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of $1,500,000, to be allocated $1,000,000 for the purchase of the building, and $500,000 for the renovations.

Section 2. The plan for the financing of the aforesaid maximum estimated cost is by the issuance of $1,500,000 bonds of said Town, hereby authorized to be issued therefor pursuant to the provisions of the Local Finance Law.

Section 3. It is hereby determined that the period of probable usefulness of the aforesaid specific objects or purposes is thirty years and twenty-five years, respectively, pursuant to subdivision 12(a)(1) of paragraph a of Section 11.00 of the Local Finance Law. It is hereby further determined that the maximum maturity of the bonds herein authorized will exceed five years.

Section 7. The validity of such bonds and bond anticipation notes may be contested only if:

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1) Such obligations are authorized for an object or purpose for which said Town is not authorized to expend money, or

2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with,

and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or

3) Such obligations are authorized in violation of the provisions of the

Constitution.

Section 9. Upon this resolution taking effect, the same shall be published in full or in summary form in The Observer Dispatch, which is hereby designated as the official newspaper of said Town for such purpose, together with a notice of the Town Clerk in substantially the form provided in Section 81.00 of the Local Finance Law.

Section 10. THIS RESOLUTION IS ADOPTED SUBJECT TO APPROVAL OF THE ELECTORS THEREOF AT A SPECIAL ELECTION TO BE HELD ON MARCH 29, 2007.

The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows:

Councilman Waszkiewicz - Aye

Councilman Woodland - Aye