Special Town Election – Extend Maximum Maturity of Bonds/Business Park

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

(RESOLUTION NO. 322 OF 2008)

RESOLUTION DATED DECEMBER 10, 2008

A RESOLUTION PROVIDING FOR THE HOLDING OF A SPECIAL TOWN ELECTION OF THE TOWN OF NEW HARTFORD, ONEIDA COUNTY, NEW YORK, FOR THE PURPOSE OF SUBMITTING A PROPOSITION OF THE QUESTION OF AMENDING THE PERIOD OF PROBABLE USEFULNESS OF A BOND RESOLUTION DATED APRIL 9, 2008.

WHEREAS, the Town Board of the Town of New Hartford, Oneida County, New York, has, at a meeting duly called held and conducted on December 10, 2008, adopted an amendatory bond resolution to extend the term of financing from five years to fifteen years for $2,900,000 bonds of the Town of New Hartford, Oneida County, New York to pay costs of the construction of improvements to the New Hartford Business Park, including Woods Highway and surrounding areas located in or near the New Hartford Business park,  including the Seneca Turnpike/Woods highway intersection realignment with traffic signal; Woods Highway reconstruction; Woods Highway extension; Route 840 intersection-Right-in/Right-out or other suitable connection; other additional road construction, public utility improvements, land acquisition or rights-in-land, sidewalks, curbs, gutters, landscaping, grading or improving rights-of-way, as well as related improvements and expenses in connection therewith, which does not take effect until a proposition for the approval thereof has been approved at a special election by the qualified electors of said Town; and

WHEREAS, this Town Board now desires to call such a special election of said Town for the submission of such proposition; NOW, THEREFORE, BE IT

RESOLVED, by the Town Board of the Town of New Hartford, Oneida County, New York, as follows:

Section 1.         A special election of the qualified electors of the Town of New Hartford, Oneida County, New York, shall be held on the 10^th day of February, 2009, in said Town for the purpose of voting upon a proposition with respect to the bond resolution referred to in the preambles hereof.  Voting shall be by voting machine and the polls at such special election shall be kept open between the hours of 12:00 o’clock P.M. to 8:00 o’clock P.M., Prevailing Time.

Section 2.         Personal registration is required and electors shall only be entitled to vote at said special election unless his or her name appears on the register of said Town prepared for such special election, or such elector registers as hereinafter provided.  The Town Board of Registration shall prepare a register for said special election, which register shall include all electors registered under the provisions of Article 5 of the Election Law.  Any registered elector whose name appears on such register need not register again for such special election.

Section 3.         The Town Clerk is hereby authorized and directed to give notice of such special election by publication in the Observer Dispatch, a newspaper published in said Town, at least ten days prior to the time of such special election.  In addition, the Town Clerk shall post or cause to be posted a copy of such notice on the sign board maintained pursuant to subdivision 6 of Section 30 of the Town Law at least ten days prior to such election.  Said notice shall be in substantially the form attached hereto as Exhibit A and hereby incorporated herein.

Section 4.         The following persons are hereby selected from the list of election inspectors and ballot clerks previously designated by this Town Board for general election purposes, pursuant to the Election Law, to act as election inspectors and ballot clerks for said special election to be held on February 10, 2009:

Barbara A. Zogby                    Celia Marriott               William Ashmore

Betty Gallup                             MaryAnn Schloop        Violet Rose

Audrey Sotendahl                     Leonard LaSacla, Jr.    Anthony Carlo, Sr.

Jane Blaszcak                           D. Penny Assaro          Patricia Thomas

Jacqueline Nicholas                  Gloria Cappelli              Robert Einstein

Victoria Argen                         Neil Prichard                Rochelle Jordan

Nancy Bien                              Patricia Cosgrove         Domenica Mazzatti      

Loretta Einstein                        Kathryn Goppert          MaryAnn Smith

Doris K. Collins                        Virginia Cecelia            Thomas Mazzatti

Mary Appler                            Martha Barrick Frances Utton

Barbara Reinshagen                  Rosemari Bennett         Anita H. Ouimette

Arthur Christopher                    Kara Bennett                Eva Collins

Norma Mahoney                      Mary Sheheen              Jane S. Lis

Philip Eastman              Thomas Esrich  Arlene Stillwell

John Rudwall                            Ina Esrich                     Marilyn Major

Josephine Gargash                    Douglas Preston

Gayle Cleveland                       Ronald C. Ouimette

Edmund Dembowski                Fredna Pickerd

Section 5.         The persons named above shall be paid as follows:  the sum of $100 for each Chairman, $95 for each inspector and $85 for each Clerk for their services.

Section 6.         This resolution shall take effect immediately.

EXHIBIT A

NOTICE OF SPECIAL ELECTION

AND PERSONAL REGISTRATOIN

Town of New Hartford, Oneida County, New York

NOTICE IS HEREBY GIVEN that a special election of the Town f New Hartford, Oneida County, New York, will be held at:

Ward 1 District 1          -             Moravian Church of the Good Shepherd, 350 Higby Rd

Ward 1 District 2          -             Willowvale Fire Company, Inc., 3459 Oneida Street

Ward 1 District 3          -             Willowvale Fire Company, Inc., 3459 Oneida Street

Ward 1 District 4          -             Willowvale Fire Company, Inc., 3459 Oneida Street

Ward 1 District 5          -             Immanuel Baptist Church, 9501 Weston Road

Ward 2 District 1          -             New York Mills High School, 1 Marauder Boulevard

Ward 2 District 2          -             New York Mills High School, 1 Marauder Boulevard

Ward 2 District 3          -             Hughes Elementary School, 340 Higby Road

Ward 2 District 4          -             Hughes Elementary School, 340 Higby Road

Ward 3 District 1          -             New Hartford High School, Daly Place entrance

Ward 3 District 2          -             United Methodist Church, 105 Genesee Street

Ward 3 District 3          -             New Hartford High School, Daly Place entrance

Ward 3 District 4          -              New Hartford Fire Department, Oxford Road

Ward 4 Districts 1, 2, 3 and 4 -    Myles Elementary School, 90 Clinton Road

on the 10^th day of February, 2009, at which the polls will be kept open between the hours of 12:00 P.M. and 8:00 P.M., Prevailing Time, for the purpose of voting by voting machine, on the adoption or rejection of a proposition with respect to a bond resolution dated and duly adopted December 10, 2008 by the Town Board of said Town.

The polls will be kept open for the purpose of voting during the aforesaid hours and the proposition to be voted upon will be in substantially the following form, to-wit:

PROPOSITION

Shall the bond resolution dated December 10, 2008 amending a bond Resolution dated April 9, 2008, authorizing the issuance of $2,900,000 Bonds to pay costs of the construction of improvements to Woods Highway in the New Hartford Business Park, providing that the period of probable usefulness will be fifteen years and that the maximum maturity of such serial bonds will exceed five years, delegating to the Supervisor the power to sell and issue such serial bonds and to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of such serial bonds, pledging the faith and credit of the Town to the payment of the principal of and interest on such obligations, and providing for an estoppel provision, be approved?

NOTICE IS HEREBY FURTHER GIVEN that persons qualified to vote at such special election shall be qualified electors of the Town of New Hartford, Oneida County, New York.

NOTICE IS HEREBY FURTHER GIVEN that personal registration is required and electors shall only be entitled to vote at said special election unless his or her name appears on the register of said Town prepared for such special election, or such elector registers as hereinafter provided.

NOTICE IS HEREBY FURTHER GIVEN that the Board of Registration shall meet from 4:00 P.M. (Prevailing time) until 8:00 P.M. (Prevailing Time) on January 27, 2009, at Butler Memorial Hall in New Hartford, New York, for the purpose of preparing the registers for said Special Election, at which time any person shall be entitled to have his/her name placed upon such registers, provided that at such meeting of the Board of Registration, he/she is known or proved to the satisfaction of such Board of Registration to be then or thereafter entitled to vote at said Special Election.  At such hours and place, any person who is not currently registered under permanent personal registration on the lists of registered voters furnished by the Oneida County Board of Elections as of January 18, 2009 must, in order to be entitled to vote at said Special Election to be held on February 10, 2009, present himself or herself personally for registration.  The Town Board of Registration shall prepare a register for aid special election, which register shall include all electors registered under the provisions of Article 5 of the Election Law.  Any registered elector whose name appears on such register need not register again for such special election.

NOTICE IS FURTHER GIVEN that application for absentee ballots for qualified electors may be applied for at the Office of the Town Clerk, at least seven days before such special election if the ballot is to be mailed to the qualified elector or the day before such special election if the ballot is to be delivered personally to the vote, or his or her agent.

NOTICE IS HEREBY FURTHER GIVEN that absentee ballots must be returned to the Town Clerk and received by the Town Clerk not later than 5:00 P.M., Prevailing Time, on the date of the election, February 10, 2009.  A list of all qualified electors to whom absentee ballots have been issued will be available in the Office of the Town Clerk where it will be available for public inspection during regular office hours until the day of the election.  Any qualified elector may, upon examination of such list, file a written challenge to the qualifications of any elector to receive an absentee ballot, stating the reasons for such challenge.  Such written challenge shall be filed with the Town Clerk who will transmit the same to the Inspectors of Election prior to the close of the polls.

Dated:  New Hartford, New York                    BY ORDER OF THE TOWN BOARD OF

                                                                        THE TOWN OF NEW HARTFORD,

                                                                        ONEIDA COUNTY, NEW YORK

                                                                        By:_______________________________

                                                                              Town Clerk

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

Councilwoman Krupa             -         Absent  

Councilman Reynolds             -          Aye

                                    Councilman Woodland            -          Aye   

                                    Councilman Payne                   -          Aye

                                    Supervisor Reed                      -           Aye.

The resolution was thereupon declared duly ADOPTED.