DRAFT MINUTES

SPECIAL MEETING OF THE TOWN BOARD OF THE TOWN OF NEW HARTFORD, NEW YORK

HELD AT TOWN HALL, 8635 CLINTON STREET, NEW HARTFORD, NY

ON THURSDAY, AUGUST 13, 2026 at 12:00 P.M.

Town Supervisor Messa called the meeting to order at 12:00 P.M. and the roll was taken with the following Town Officials and Department Heads being present during the progress of the meeting.  Supervisor Messa then led those in attendance in the Pledge of Allegiance to the American Flag.

TOWN BOARD MEMBERS PRESENT:

Councilman Vincent Pristera
Councilman John Latini
Councilman David M. Reynolds
Councilman / Deputy Town Supervisor
David Tehan

Supervisor James Messa

OTHER TOWN OFFICIALS/EMPLOYEES PRESENT:

Town Attorney, Herb Cully

Town Clerk, Michele Moran

Police Chief, Ronald Fontaine

Finance Dept., Christina Lacy

Highway Superintendent, Richard Sherman

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

SPECIAL COUNSEL – FOIL REQUESTS

Supervisor Messa advised the Town Board that Town Attorney Herbert Cully has voluntarily
recused himself from responding to a number of Freedom of Information Law
(FOIL) requests submitted by a former elected official, following concerns
raised by a member of the Town Board. As a result of this recusal, there is a
need for the Town to retain Special Counsel to provide legal services related
to these FOIL matters.  Supervisor Messa
reported that he interviewed several law firms, both within and outside the
local area, and that each firm conducted a conflict-of-interest review.
Following this process, Supervisor Messa recommended retaining the law firm of
Kendall, Harrienger & Burrows, municipal attorneys, to serve as Special
Counsel for matters relating to FOIL requests.

WHEREAS, the Town Board is responsible for carrying out governmental functions as authorized by the Constitution of the State of New York and applicable laws, which may, from time to time, require the retention of legal counsel to assist in fulfilling those duties; and

WHEREAS, the Town Board is authorized to retain attorneys upon such terms and conditions as it deems appropriate to further the interests of the Town and accomplish its lawful objectives;

RESOLVED, that the Town Board hereby authorizes and approves the engagement of Kendall, Harrienger & Burrows as Special Counsel for and on behalf of the Town of New Hartford with respect to Freedom of Information Law (FOIL) matters, and authorizes the Supervisor to execute the engagement letter and any related documents necessary to effectuate said retention with fees as set forth in the engagement letter.

DISCUSSION  Upon discussion, Board members agreed that the retention of Special Counsel was warranted; however, concerns were expressed regarding the proposed firm's fee structure and location. Several Board members indicated a preference for retaining local counsel. Supervisor Messa stated that, in his opinion, it was in the Town's best interest to engage a neutral firm with no local affiliations or prior involvement with the individuals or matters related to the FOIL requests

Councilman Tehan offered the foregoing resolution and moved its adoption. The motion was seconded by Supervisor Messa.

Upon Roll Call:  Councilman Pristera – NAY, Councilman Reynolds – NAY, Supervisor Messa – AYE, Councilman Latini – NAY, Councilman Tehan – AYE.  With a 2-3 vote, the Resolution failed and was not adopted.

ADJOURNMENT

There being no further business to come before the Board, upon motion duly made by Councilman Latini seconded Councilman Tehan, the meeting was adjourned at 12:35 P.M.

Upon Roll Call:  Councilman Pristera – AYE, Councilman Reynolds – AYE, Supervisor Messa – AYE, Councilman Latini – AYE, Councilman Tehan – AYE.  The Motion was unanimously carried.

Next Meeting:  Regularly Scheduled September 9, 2026

Respectfully submitted,

Michele Moran

Town Clerk

8/13/26

TOWN BOARD SPECIAL MEETING

August 13, 2026
AGENDA

The Town of New Hartford is calling an emergency board meeting to review, discuss and vote on hiring special counsel to handle matters related to FOILS.