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October 11, 2011

A REGULAR TOWN BOARD MEETING WAS HELD ON TUESDAY, OCTOBER 11, 2011 AT THE TOWN HALL COMMENCING AT 7:00 P.M.

PRESENT
DANA HAFF, SUPERVISOR
BARBARA BEECHER, COUNCILWOMAN
ROBERT MILLER, COUNCILMAN
KEVIN EASTMAN, COUNCILMAN
KEVIN MCCARTHY, APPOINTED COUNCILMAN

ALSO PRESENT
DENISE PETTEYS, RMC TOWN CLERK
GREG BROWN, HIGHWAY SUPERINTENDENT
JOEL CARPENTER, BUDGET OFFICER/SUPERVISOR CLERK
MIKE ARMSTRONG, HISTORIAN
MARK MILLER, ENFORCEMENT OFFICER
GEORGE STOKEM, PLANNING BOARD
JOHN HOLMES, PLANNING BOARD
PHIL GIBSON, PLANNING BOARD
CHRIS LAVIN, AD-HOC LANDFILL COMMITTEE
TOM ABRAHAM, AD-HOC LANDFILL COMMITTEE

AUDIT
SUPERVISOR HAFF CALLED THE MEETING TO ORDER AT 7:05 P.M.
PLEDGE


PAYMENT OF BILLS
COUNCILMAN EASTMAN ASKED GREG BROWN, HIGHWAY SUPERINTENDENT ABOUT BILLS FOR PARTS WHERE THE COST OF SHIPPING COSTS MORE THAN THE PART ITSELF.  GREG EXPLAINED THAT THE PARTS WERE NOT AVAILABLE ANYWHERE LOCALLY AND IN ORDER TO SAVE MANHOURS TRAVELING AND FUEL TO OBTAIN THE PARTS HE DECIDED TO PAY THE EXTRA SHIPPING.
RESOLUTION NO. 11188
ON MOTION OF SUPERVISOR HAFF, 2ND BY COUNCILMAN EASTMAN, THE FOLLOWING RESOLUTION WAS ADOPTED 5 AYES, 0 NAYS.  VOTING AYE – SUPERVISOR HAFF, COUNCILWOMAN BEECHER, COUNCILMAN EASTMAN, COUNCILMAN MILLER AND COUNCILMAN MCCARTHY.
RESOLVED THAT THE AUTHORIZED BILLS BE PAID ON ABSTRACT #10 OF 2011 IN THE FOLLOWING AMOUNTS:
HIGHWAY                           VOUCHER #460-491                                        $ 19,731.03
YOUTH                                 VOUCHER #492-499                                        $      669.86
GENERAL                            VOUCHER #500-524                                        $   2,933.24

SUPERVISOR REPORT
RESOLUTION NO. 11189
ON MOTION OF SUPERVISOR HAFF, 2ND BY COUNCILMAN EASTMAN, THE FOLLOWING RESOLUTION WAS ADOPTED 5 AYES, 0 NAYS.  VOTING AYE – SUPERVISOR HAFF, COUNCILWOMAN BEECHER, COUNCILMAN EASTMAN, COUNCILMAN MILLER AND COUNCILMAN MCCARTHY.
RESOLVED THAT THE SUPERVISOR REPORT BE ACCEPTED WITH THE FOLLOWING AMENDMENTS:
D2389                    REVENUE FROM OTHER GOV’T                             -$   2,400.00
D9950.9                TRANSF TO CAPITAL PROJ                                    -$ 39,178.00
D2701                    REFUND OF PRIOR YEAR EXPENDITURE        +$  2,069.40
D5130.2                HIGHWAY – MACH EQUIP PURCHASES            +$39,508.60

OCTOBER 12, 2011 REGULAR MEETING PG. 2 OF 8


TOWN CLERK REPORT
RESOLUTION NO. 11190
ON MOTION OF COUNCILMAN EASTMAN, 2ND BY COUNCILMAN MCCARTHY, THE FOLLOWING RESOLUTION WAS ADOPTED 5 AYES, 0 NAYS.  VOTING AYE – SUPERVISOR HAFF, COUNCILWOMAN BEECHER, COUNCILMAN EASTMAN, COUNCILMAN MILLER AND COUNCILMAN MCCARTHY.
RESOLVED THAT THE TOWN CLERK REPORT BE ACCEPTED.

MINUTE REVIEW
RESOLUTION NO. 11191
ON MOTION OF SUPERVISOR HAFF, 2ND BY COUNCILWOMAN BEECHER, THE FOLLOWING RESOLUTION WAS ADOPTED 5 AYES, 0 NAYS.  VOTING AYE – SUPERVISOR HAFF, COUNCILWOMAN BEECHER, COUNCILMAN EASTMAN, COUNCILMAN MILLER AND COUNCILMAN MCCARTHY.
RESOLVED THAT THE REGULAR TOWN BOARD MINUTES OF SEPTEMBER 13, 2011, THE TOWN BOARD BUDGET MINUTES OF SEPTEMBER 20, 2011 AND THE PLANNING BOARD MINUTES OF AUGUST 23, 2011 BE ACCEPTED.

OPEN PUBLIC HEARING – ARGYLE EMS CONTRACT
RESOLUTION NO. 11192
ON MOTION OF SUPERVISOR HAFF, 2ND BY COUNCILMAN EASTMAN, THE FOLLOWING RESOLUTION WAS ADOPTED 5 AYES, 0 NAYS.  VOTING AYE – SUPERVISOR HAFF, COUNCILWOMAN BEECHER, COUNCILMAN EASTMAN, COUNCILMAN MILLER AND COUNCILMAN MCCARTHY.
RESOLVED TO OPEN ARGYLE EMS CONTRACT PUBLIC HEARING AT 7:14 P.M.

THERE WAS DISCUSSION REGARDING THE “SOFT BILLING” THAT THE ARGYLE EMS DOES.

CLOSE PUBLIC HEARING – ARGYLE EMS CONTRACT
RESOLUTION NO. 11193
ON MOTION OF SUPERVISOR HAFF, 2ND BY COUNCILWOMAN BEECHER, THE FOLLOWING RESOLUTION WAS ADOPTED 5 AYES, 0 NAYS.  VOTING AYE – SUPERVISOR HAFF, COUNCILWOMAN BEECHER, COUNCILMAN EASTMAN, COUNCILMAN MILLER AND COUNCILMAN MCCARTHY.
RESOLVED THAT ALL PERSONS DESIRING TO BE HEARD, HAVING BEEN HEARD, THE PUBLIC HEARING WAS CLOSED AT 7:20 P.M.

ARGYLE EMS CONTRACT
RESOLUTION NO. 11194
ON MOTION OF COUNCILMAN MCCARTHY, 2ND BY COUNCILMAN MILLER, THE FOLLOWING RESOLUTION WAS ADOPTED 5 AYES, 0 NAYS.  VOTING AYE – SUPERVISOR HAFF, COUNCILWOMAN BEECHER, COUNCILMAN EASTMAN, COUNCILMAN MILLER AND COUNCILMAN MCCARTHY.
RESOLVED TO AUTHORIZE SUPERVISOR HAFF TO SIGN THE 2012 ARGYLE EMS CONTRACT.

OPEN PUBLIC HEARING – 2012 BUDGET
RESOLUTION NO. 11195
ON MOTION OF SUPERVISOR HAFF, 2ND BY COUNCILMAN EASTMAN, THE FOLLOWING RESOLUTION WAS ADOPTED 5 AYES, 0 NAYS.  VOTING AYE – SUPERVISOR HAFF, COUNCILWOMAN BEECHER, COUNCILMAN EASTMAN, COUNCILMAN MILLER AND COUNCILMAN MCCARTHY.
RESOLVED TO OPEN THE 2012 BUDGET PUBLIC HEARING AT 7:22 P.M.

OCTOBER 11, 2011 REGULAR MEETING PG. 3 OF 8

SUPERVISOR HAFF DISCUSSED SOME OF THE LINE ITEMS SUCH AS TRAFFIC CONTROL IN REGARDS TO SIGNAGE AND ROAD STRIPING AND THE AVAILABILITY OF FUNDS FOR THESE ISSUES.  JOHN HOLMES ASKED IF THE TOWN INSURANCE COVERAGE HAS BEEN REVIEWED IN LIGHT OF THE RECENT PROBLEMS SURROUNDING TOWNS HAVE HAD REGARDING THEIR COVERAGE AFTER TROPICAL STORM IRENE.  SUPERVISOR HAFF SAID THAT THE POLICY DOES NOT RENEW UNTIL AFTER THE FIRST OF THE YEAR AND HE WILL MAKE SURE THE TOWN IS COVERED.  THERE WAS DISCUSSION REGARDING THE UNEMPLOYMENT INSURANCE LINE ITEM.  THE TOWN IS SELF-INSURED AND IS BUDGETED BASED ON PAST EXPERIENCE.  THERE WAS DISCUSSION REGARDING THE MUSEUM AND MONEY THAT THE TOWN GIVES TO LEVERAGE FOR THE HISTORICAL SOCIETY TO APPLY FOR GRANT MONEY.


CLOSE PUBLIC HEARING – 2012 BUDGET
RESOLUTION NO. 11196
ON MOTION OF SUPERVISOR HAFF, 2ND BY COUNCILWOMAN BEECHER, THE FOLLOWING RESOLUTION WAS ADOPTED 5 AYES, 0 NAYS.  VOTING AYE – SUPERVISOR HAFF, COUNCILWOMAN BEECHER, COUNCILMAN EASTMAN, COUNCILMAN MILLER AND COUNCILMAN MCCARTHY.
RESOLVED THAT ALL PERSONS DESIRING TO BE HEARD, HAVING BEEN HEARD, THE PUBLIC HEARING WAS CLOSED AT 7:39 P.M.

SUPERVISOR HAFF DISCUSSED IN DETAIL THE ANTICIPATED TAX LEVY INCREASE.  HE ALSO DISCUSSED THE 2% PROPERTY TAX CAP AND HOW IT IS BEING INTERPRETED TO AFFECT THE TOWN BASED ON THE WORKERS COMPENSATION CLAIMS.  SUPERVISOR HAFF DISCUSSED THE WASHINGTON COUNTY SELF-INSURANCE WORKERS COMPENSATION PLAN HANDOUT FOR ALL TOWNS.  HE DISCUSSED THAT HE WANTS TO AVOID DRAMATIC SWINGS IN THE PROPERTY TAX CAP AND THAT IT WOULD BE VERY EASY FOR THE TOWN BOARD TO OVERLOOK THE 2% PROPERTY TAX CAP LAW IN THE FUTURE.  HE EXPLAINED THAT THE TOWN BOARD WOULD NEED TO AGREE BY A 2/3 VOTE TO INCREASE IT AND THEN A SIMPLE LOCAL LAW NEEDS TO BE PASSED AUTHORIZING IT.

2012 BUDGET
RESOLUTION NO. 11197
ON MOTION OF SUPERVISOR HAFF, 2ND BY COUNCILWOMAN BEECHER, THE FOLLOWING RESOLUTION WAS ADOPTED 5 AYES, 0 NAYS.  VOTING AYE – SUPERVISOR HAFF, COUNCILWOMAN BEECHER, COUNCILMAN EASTMAN, COUNCILMAN MILLER AND COUNCILMAN MCCARTHY.
RESOLVED TO APPROVE THE 2012 FINAL BUDGET.

YOUTH COMMISSION
RESOLUTION NO. 11198
ON MOTION OF COUNCILMAN EASTMAN, 2ND BY COUNCILMAN MILLER, THE FOLLOWING RESOLUTION WAS ADOPTED 5 AYES, 0 NAYS.  VOTING AYE – SUPERVISOR HAFF, COUNCILWOMAN BEECHER, COUNCILMAN EASTMAN, COUNCILMAN MILLER AND COUNCILMAN MCCARTHY.
RESOLVED THAT THE YOUTH COMMISSION REPORT BE ACCEPTED.

OCTOBER 11, 2011 REGULAR MEETING PG. 4 OF 8

HARTFORD VOLUNTEER FIRE COMPANY REPORT
COUNCILMAN MCCARTHY SUMMARIZED THE HARTFORD VOLUNTEER FIRE COMPANY REPORT FOR SEPTEMBER 2011.  HE SAID THAT THEY ACCEPTING A NEW MEMBER WHO IS A CLASS A FIREMEN AS WELL AS AN EMT WHO WILL BE ON THE FIRST RESPONSE TEAM.  KEVIN SAID THAT THE FIREFIGHTER ANNUAL BANQUET WILL BE HELD ON OCTOBER 22, 2011 AND HE INVITED ALL OF THE TOWN BOARD.
RESOLUTION NO. 11199
ON MOTION OF SUPERVISOR HAFF, 2ND BY COUNCILMAN MILLER, THE FOLLOWING RESOLUTION WAS ADOPTED 5 AYES, 0 NAYS.  VOTING AYE – SUPERVISOR HAFF, COUNCILWOMAN BEECHER, COUNCILMAN EASTMAN, COUNCILMAN MILLER AND COUNCILMAN MCCARTHY.
RESOLVED THAT THE FIRE COMPANY REPORT BE ACCEPTED.

HIGHWAY SUPERINTENDENT REPORT
GREG BROWN SAID THAT THEY HAVE THE TRUCKS READY FOR THE WINTER.  THEY HOPE TO HAVE THE WASH OUT ON SHINE HILL PAVED WITHIN THE NEXT FEW WEEKS BY THE TOWN OF KINGSBURY.  HE SAID REGARDING THE COUNTRY LANE TURN AROUND RUSS HOWARD HAS FINALLY GOT HIS FIELD WORK DONE WITH THE ORIGINAL SURVEY OF THE AREA.  HE SAID THAT THE NEW LOADER SHOULD BE HERE NEXT WEEK.  GREG SAID THAT HE NEEDS TO KNOW WHAT TO SUBMIT TO THE COUNTY IN REGARDS TO INCLUDING OR EXCLUDING ELDRIDGE LANE FROM THE NYDOT ANNUAL HIGHWAY MILEAGE INVENTORY.  COUNCILWOMAN BEECHER ASKED WHAT THE TOWN WAS GOING TO DO IF THE COUNTY DOES NOT TAKE IT OVER.  THERE ARE CITIZENS THAT NEED TO BE COVERED.  COUNCILMAN MCCARTHY SAID THAT THE FIRE CHIEF ASKED HIM TO THANK GREG FOR THE WORK THAT THE HIGHWAY DEPARTMENT DID ON THE DRIVEWAY PRIOR TO ELECTION DAY.
RESOLUTION NO. 11200
ON MOTION OF SUPERVISOR HAFF, 2ND BY COUNCILMAN MCCARTHY, THE FOLLOWING RESOLUTION WAS ADOPTED 5 AYES, 0 NAYS.  VOTING AYE – SUPERVISOR HAFF, COUNCILWOMAN BEECHER, COUNCILMAN EASTMAN, COUNCILMAN MILLER AND COUNCILMAN MCCARTHY.
RESOLVED THAT THE HIGHWAY SUPERINTENDENT REPORT BE ACCEPTED.

ELDRIDGE LANE RESPONSIBILITY
SUPERVISOR HAFF SAID THAT HE DID NOT THINK THAT THE TOWN SHOULD INCLUDE THE 1.33 MILES OF ELDRIDGE LANE INTO THE CHIPS MONEY REIMBURSEMENT FOR NYSDOT MILEAGE INVENTORY BECAUSE THAT KIND OF SHOWS THAT THE TOWN HAS THAT ROAD AND THE WHOLE CONTENTION IS THAT IT IS THE RESPONSIBILITY OF WASHINGTON COUNTY.  COUNCILWOMAN BEECHER SAID THAT SHE IS CONCERNED ABOUT THE TAXPAYERS DOWN THAT ROAD.  SUPERVISOR HAFF DISCUSSED A PREPARED RESOLUTION THAT ULTIMATELY SAYS THE TOWN DEFERS ALL RESPONSIBILITY OF ELDRIDGE LANE TO WASHINGTON COUNTY.  SUPERVISOR HAFF SAID THAT BY APPROVING THIS RESOLUTION IT ACTS AS NOTIFICATION AGAIN TO THE COUNTY THAT THE ROAD IS THERE’S TO MAINTAIN.  HE CONTINUED THAT WHEN THE COUNTY DOES NOT PLOW THE ROAD IN THE WINTER TIME AND THEN THE TOWN, IN THE INTEREST OF PUBLIC SAFETY, PLOWS IT.   THE TOWN CAN BILL THE COUNTY FOR THE PLOWING.  SUPERVISOR HAFF SAID THAT FURTHER DISCUSSION WILL OCCUR IN EXECUTIVE SESSION LATER – HE DOES NOT WANT THE COUNTY TO HAVE INFORMATION REGARDING WHAT THE TOWN INTENDS TO DO. AFTER FURTHER DISCUSSION THE TOWN BOARD ASKED TO WAIT UNTIL AFTER EXECUTIVE SESSION BEFORE DECIDING TO ACCEPT THE ELDRIDGE LANE RESPONSIBILITY RESOLUTION.

ENFORCEMENT OFFICER REPORT
MARK MILLER SAID THAT MULHALL’S ARE PROCEEDING WITH REBUILDING THEIR HOUSE.  MARK DISCUSSED THE EVANS PROPERTY ISSUE – HE SAID THAT THEY WILL NO LONGER ANSWER THE DOOR TO TALK WITH HIM.  MARK SAID THAT IT WAS UP TO THE TOWN BOARD IF THEY WANT HIM TO PROCEED AGAINST THEM FOR THE NUMBER OF

OCTOBER 11, 2011 REGULAR MEETING PG. 5 OF 8

UNLICENSED/UNREGISTERED VEHICLES ON THE PROPERTY.  HE ALSO DISCUSSED THE GARBAGE SITUATION ON THE PROPERTY.  MARK SAID THAT IN DISCUSSION WITH JEFF MEYER, ATTORNEY FOR THE TOWN, IT WAS JEFF’S IMPRESSION THAT THE TOWN WOULD PROCEED AGAINST THE EVANS FOR ALL VIOLATIONS AT ONCE.  SUPERVISOR HAFF SAID THAT JEFF MEYER, ATTORNEY FOR THE TOWN, IS GOING TO SPEAK WITH BILL MCCARTY AT WASHINGTON COUNTY REAL PROPERTY ON BEHALF OF THE TOWN.  JEFF HAD SUGGESTED THAT SUPERVISOR HAFF SEND A LETTER TO WASHINGTON COUNTY CODE ENFORCEMENT AND REQUEST THAT THEY INSPECT THE EVANS PROPERTY FOR BUILDING AND FIRE CODE VIOLATIONS.  HE SAID HE SENT THE LETTER AND BILL MCCARTY SAID HE WASN’T SURE IF THE COUNTY CAN GO ON THE PROPERTY EITHER IF THE OWNER WON’T ALLOW IT.  JEFF SAYS YES THE COUNTY CAN AND SUPERVISOR HAFF ASKED HIM TO CALL BILL TO EXPLAIN THE RIGHTS OF THE COUNTY IN THIS SITUATION.  SUPERVISOR HAFF SAID THAT THIS ISSUE MAY TAKE A LITTLE MORE TIME TO RESOLVE.  SUPERVISOR HAFF SAID THAT HE WAS TOLD THAT CERTIFICATES OF OCCUPANCY CAN BE REVISITED BY THE COUNTY IF SOMETHING HAPPENS ON A PROPERTY.  JOHN HOLMES SAID THAT SEVERAL CASES HAVE PREVIOUSLY BEEN HANDLED IN COURT WHERE THE TOWN AND COUNTY HAVE WORKED COOPERATIVELY TO REMOVE OCCUPANTS UNTIL THE PROPERTY IS BROUGHT UP TO PROPER CODE.  THE TOWN BOARD CAN ACT AS “BOARD OF HEALTH” AND INSTRUCT THE ATTORNEY TO GO TO COURT TO GET A WARRANT TO GO ON THE PROPERTY TO INSPECT IT.  THE TOWN ENGINEER AND PUBLIC HEALTH OFFICER MADE A REPORT TO THE TOWN BOARD AND CAN RECOMMEND IF A PROPERTY NEEDS TO BE CONDEMNED.  THE TOWN COULD THEN COME BACK INTO COURT TO REQUEST TO PROCEED ON THE SAFETY OF THE BUILDING AND IT CAN EITHER BE REHABILITATED OR DESTROYED.  ANY REPAIRS CAN BE PUT ON THE TAX ROLL AND BUILDING SOLD TO RECOUP THE MONEY BACK TO THE TOWN.
RESOLUTION NO. 11201
ON MOTION OF SUPERVISOR HAFF, 2ND BY COUNCILMAN EASTMAN, THE FOLLOWING RESOLUTION WAS ADOPTED 5 AYES, 0 NAYS.  VOTING AYE – SUPERVISOR HAFF, COUNCILWOMAN BEECHER, COUNCILMAN EASTMAN, COUNCILMAN MILLER AND COUNCILMAN MCCARTHY.
RESOLVED THAT THE ENFORCEMENT OFFICER REPORT BE ACCEPTED.

PLANNING BOARD REPORT
GEORGE STOKEM SAID THAT THE TOWN BOARD HAS THE AUGUST MEETING MINUTES.
RESOLUTION NO. 11202
ON MOTION OF COUNCILMAN EASTMAN, 2ND BY SUPERVISOR HAFF, THE FOLLOWING RESOLUTION WAS ADOPTED 5 AYES, 0 NAYS.  VOTING AYE – SUPERVISOR HAFF, COUNCILWOMAN BEECHER, COUNCILMAN EASTMAN, COUNCILMAN MILLER AND COUNCILMAN MCCARTHY.
RESOLVED THAT THE PLANNING BOARD REPORT BE ACCEPTED.

HISTORIAN REPORT
MIKE ARMSTRONG DISCUSSED A 1960 AERIAL MAP THAT WAS DONATED BY DAVIS AND KAREN HICKS.
RESOLUTION NO. 11203
ON MOTION OF SUPERVISOR HAFF, 2ND BY COUNCILMAN MILLER, THE FOLLOWING RESOLUTION WAS ADOPTED 5 AYES, 0 NAYS.  VOTING AYE – SUPERVISOR HAFF, COUNCILWOMAN BEECHER, COUNCILMAN EASTMAN, COUNCILMAN MILLER AND COUNCILMAN MCCARTHY.
RESOLVED THAT THE HISTORIAN REPORT BE ACCEPTED.


OCTOBER 11, 2011 REGULAR MEETING PG. 6 OF 8


AG PROTECTION PLAN ADVISORY COMMITTEE REPORT
PHIL GIBSON SAID THAT THE COMMITTEE WILL BE HOLDING A PUBLIC HEARING NEXT MONTH ON THE ROUGH DRAFT.
RESOLUTION NO. 11204
ON MOTION OF SUPERVISOR HAFF, 2ND BY COUNCILMAN EASTMAN, THE FOLLOWING RESOLUTION WAS ADOPTED 5 AYES, 0 NAYS.  VOTING AYE – SUPERVISOR HAFF, COUNCILWOMAN BEECHER, COUNCILMAN EASTMAN, COUNCILMAN MILLER AND COUNCILMAN MCCARTHY.
RESOLVED THAT THE AG PROTECTION PLAN ADVISORY COMMITTEE REPORT BE ACCEPTED.

COURT REPORT
SUPERVISOR HAFF SUMMARIZED THE COURT REPORT.
RESOLUTION NO. 11205
ON MOTION OF SUPERVISOR HAFF, 2ND BY COUNCILMAN MCCARTHY, THE FOLLOWING RESOLUTION WAS ADOPTED 5 AYES, 0 NAYS.  VOTING AYE – SUPERVISOR HAFF, COUNCILWOMAN BEECHER, COUNCILMAN EASTMAN, COUNCILMAN MILLER AND COUNCILMAN MCCARTHY.
RESOLVED THAT THE COURT REPORT BE ACCEPTED.

CEMETERY COMMITTEE REPORT
SUPERVISOR HAFF SAID THAT HE HAD RECEIVED A LETTER FROM REVEREND PATRICIA GIRARD FROM HARTFORD YOKED PARISH REQUESTING THE TOWN HELP REPAIR OR REPLACE THE FENCE AROUND THE OLD BAPTIST CEMETERY.  SUPERVISOR HAFF SAID THAT THE BOARD OF TRUSTEES OF THE CHURCH THOUGHT THAT A SPLIT RAIL FENCE WOULD BE AN ACCEPTABLE REPLACEMENT.  HE SAID THAT HE GOT PRICES FROM LOWES FOR 210′ LINEAR FEET OF 2 SPLIT RAIL FOR TOTAL OF $632 AND CURTIS LUMBER OF $606.  CURTIS LUMBER IS ACTUAL LOCUST POSTS AND THE RAILS ARE SPLIT.  SUPERVISOR HAFF SAID THAT THERE IS MONEY AVAILABLE FOR CEMETERY REPAIRS AND WITH VOLUNTEERS FROM THE CHURCH IT WOULD BE DOABLE FOR ABOUT $700-$800.  COUNCILWOMAN BEECHER DISCUSSED THAT THE CEMETERY ACCOUNT IS SPECIFIC MONEY DONATED BY THE TOWNSEND FAMILY AND THERE ARE NUMEROUS REPAIRS THAT NEED TO BE DONE TO THE TOWNSEND CEMETERY.  SUPERVISOR HAFF DISCUSSED THE HISTORY OF THE TOWNSEND MONEY AND INDICATED THAT THIS ACCOUNT HAS BEEN USED FOR BOTH THE TOWNSEND CEMETERY AS WELL AS THE BAPTIST CEMETERY FOR VAULT REPAIRS ETC.  SUPERVISOR HAFF SAID THAT THIS MONEY HAS BEEN CO-MINGLED AND THE TOWN HAS MAINTAINED THE TOWNSEND CEMETERY FOR YEARS.  HE SAID THAT IF THERE ARE REPAIRS NECESSARY TO THE TOWNSEND CEMETERY THEN THE CEMETERY COMMITTEE SHOULD RESEARCH IT FURTHER.  SUPERVISOR HAFF SAID THAT HE AND MIKE ARMSTRONG LOOKED AT THE POSTS AND MOST OF THEM ARE BROKEN OFF AND LOOK DIFFICULT TO REPAIR.
RESOLUTION NO. 11206
ON MOTION OF COUNCILMAN MCCARTHY, 2ND BY COUNCILMAN EASTMAN, THE FOLLOWING RESOLUTION WAS ADOPTED 5 AYES, 0 NAYS.  VOTING AYE – SUPERVISOR HAFF, COUNCILWOMAN BEECHER, COUNCILMAN EASTMAN, COUNCILMAN MILLER AND COUNCILMAN MCCARTHY.
RESOLVED TO ACCEPT THE CEMETERY COMMITTEE REPORT AND TO ARRANGE TO PURCHASE FROM CURTIS LUMBER MATERIALS TO REPLACE THE FRONT BAPTIST CHURCH FENCE WITH SPLIT RAIL FENCING FOR AN ESTIMATED $600-$800 EXPENSE.

ELDRIDGE LANE DEC LETTER
SUPERVISOR HAFF SAID THAT AT THE LAST WASHINGTON COUNTY BOARD OF SUPERVISOR MEETING THEY PASSED A RESOLUTION TO INDICATE THEIR INTENT NOT TO RENEW THE LANDFILL ON ELDRIDGE LANE.  HE SAID THAT AFTER THE MEETING, THE CHAIRMAN OF THE BOARD, JOHN RYMPH, TOLD HIM THAT HE HAD A MEETING WITH SOME WARREN COUNTY COUNTERPARTS AND WARREN COUNTY HAS SUGGESTED THAT THEY MAY TRY TO RENEW THE PERMIT THEMSELVES.  THEY ARE NOT INTERESTED IN A NEW PERMIT SUBJECT TO OUR LOCAL

OCTOBER 11, 2011 REGULAR MEETING PG. 7 OF 8

LAW ETC.  SUPERVISOR HAFF SAID THAT HE IS CONCERNED ABOUT THIS SO HE DRAFTED A LETTER TO DEC TO TRY TO PREEMPT WARREN COUNTY – PUTTING DEC ON NOTICE THAT THE TOWN DOES NOT THINK THEY SHOULD BE ALLOWED TO RENEW BECAUSE IT EXPIRED BACK IN JANUARY 2011 – THEY WOULD NEED TO OBTAIN A NEW PERMIT.  ANY APPLICATIONS SHOULD BE TREATED AS A NEW APPLICATION SUBJECT TO ALL REQUIREMENTS ETC.

CENSUS INFORMATION
SUPERVISOR HAFF DISCUSSED A HANDOUT FROM THE 2010 CENSUS REGARDING POPULATION AND RACE.

ASSESSOR
SUPERVISOR HAFF DISCUSSED AN E-MAIL HE RECEIVED FROM SANDRA FOLEY STATING THAT SHE WILL BE ATTENDING A TRAINING COURSE FOR FARM APPRAISAL AND SHE EXPECTS THAT NYS ORPS WILL REIMBURSE HER FOR THE LODGING AND TRAVEL.  IF THEY WILL NOT THEN SHE WILL BE SUBMITTING A VOUCHER TO THE TOWN.

PUBLIC DISCUSSION
ROBERT HARTUNG ASKED WHY THE TOWN HAS NOT PASSED A LAW PROHIBITING ANY LANDFILLS.  THERE WAS LENGTHY DISCUSSION THAT IT IS NOT LEGAL UNLESS THE TOWN HAD ZONING, ETC.

EXECUTIVE SESSION
RESOLUTION NO. 11207
ON MOTION OF SUPERVISOR HAFF, 2ND BY COUNCILMAN MILLER, THE FOLLOWING RESOLUTION WAS ADOPTED 5 AYES, 0 NAYS.  VOTING AYE – SUPERVISOR HAFF, COUNCILWOMAN BEECHER, COUNCILMAN EASTMAN, COUNCILMAN MILLER AND COUNCILMAN MCCARTHY.
RESOLVED TO ENTER INTO EXECUTIVE SESSION AT 8:58 P.M. TO DISCUSS RELATING TO PROPOSED, PENDING OR CURRENT LITIGATION REGARDING ELDRIDGE LANE AND TO DISCUSS POSSIBLE MEDICAL, FINANCIAL, CREDIT, OR EMPLOYMENT HISTORY OF A PARTICULAR PERSON OR CORPORATION, OR RELATING TO APPOINTMENT, PROMOTION, DEMOTION, DISCIPLINE OR REMOVAL.
RESOLUTION NO. 11208
ON MOTION OF SUPERVISOR HAFF, 2ND BY COUNCILMAN EASTMAN, THE FOLLOWING RESOLUTION WAS ADOPTED 5 AYES, 0 NAYS.  VOTING AYE – SUPERVISOR HAFF, COUNCILWOMAN BEECHER, COUNCILMAN EASTMAN, COUNCILMAN MILLER AND COUNCILMAN MCCARTHY.
RESOLVED TO ENTER INTO REGULAR SESSION AT 10:05 P.M.

WASHINGTON COUNTY RESPONSIBILITY FOR ELDRIDGE LANE
RESOLUTION NO. 11209
ON MOTION OF SUPERVISOR HAFF, 2ND BY COUNCILMAN MCCARTHY, THE FOLLOWING RESOLUTION WAS ADOPTED 5 AYES, 0 NAYS.  VOTING AYE- SUPERVISOR HAFF, COUNCILWOMAN BEECHER, COUNCILMAN EASTMAN, COUNCILMAN MILLER AND COUNCILMAN MCCARTHY.
WHEREAS, THE TOWN OF HARTFORD AND WASHINGTON COUNTY ENTERED INTO AN AGREEMENT TITLED HOST COMMUNITY BENEFITS AGREEMENT AMONG WASHINGTON COUNTY AND THE TOWN OF HARTFORD, DATED NOVEMBER 18, 1994, AND
WHEREAS, ARTICLE IX – COUNTY RESPONSIBILITY FOR ELDRIDGE LANE OF SAID AGREEMENT STATES IN ITS ENTIRETY “WASHINGTON COUNTY SHALL ASSUME OWNERSHIP, CONTROL, MAINTENANCE AND RESPONSIBILITY FOR ELDRIDGE LANE AS OF APRIL 1, 1993,” NOW,
THEREFORE BE IT RESOLVED, THAT THE TOWN OF HARTFORD DEFERS ALL OWNERSHIP, CONTROL, MAINTENANCE AND RESPONSIBILITY FOR ELDRIDGE LANE TO WASHINGTON COUNTY

OCTOBER 11, 2011 REGULAR MEETING PG. 8 OF 8


AS PER ARTICLE IX OF THE 1994 HOST COMMUNITY BENEFITS AGREEMENT AMONG WASHINGTON COUNTY AND THE TOWN OF HARTFORD.

AUTHORIZE TOWN SUPERVISOR TO ENTER INTO AGREEMENT WITH LEGAL COUNSEL FOR PURPOSES TO REPRESENT THE TOWN’S CLAIMS AGAINST WASHINGTON COUNTY OVER ELDRIDGE LANE
RESOLUTION NO. 11210
ON MOTION OF SUPERVISOR HAFF, 2ND BY COUNCILMAN MCCARTHY, THE FOLLOWING RESOLUTION WAS ADOPTED 5 AYES, 0 NAYS.  VOTING AYE – SUPERVISOR HAFF, COUNCILWOMAN BEECHER, COUNCILMAN EASTMAN, COUNCILMAN MILLER AND COUNCILMAN MCCARTHY.
WHEREAS, IT IS THE OPINION OF THE TOWN OF HARTFORD, THAT WASHINGTON COUNTY HAS FAILED TO HONOR ITS OBLIGATIONS UNDER RESOLUTION #189 OF 1992 AND THE CONTRACT ENTERED INTO BY THE COUNTY AND THE TOWN ON OR ABOUT NOVEMBER 18, 1994 KNOWN AS THE HOST COMMUNITY BENEFITS AGREEMENT AMONG WASHINGTON COUNTY AND THE TOWN OF HARTFORD, AND
WHEREAS, THE TOWN OF HARTFORD HAS DETERMINED THAT IT SHOULD SEEK LEGAL RECOURSE TO RESOLVE THE MATTER, AND
WHEREAS, OUR CURRENT ATTORNEY FOR THE TOWN HAS A CONFLICT AND CANNOT REPRESENT THE TOWN IN THIS MATTER, NOW
THEREFORE BE IT RESOLVED, THAT THE TOWN COUNCIL OF THE TOWN OF HARTFORD AUTHORIZES THE TOWN SUPERVISOR TO ENTER INTO AN AGREEMENT WITH ATTORNEY ROBERT WINN TO REPRESENT THE TOWN AGAINST WASHINGTON COUNTY.

ON MOTION OF COUNCILMAN EASTMAN, 2ND BY COUNCILMAN MCCARTHY THE MEETING WAS ADJOURNED AT 10:11 P.M.

RESPECTFULLY SUBMITTED,_______________________DENISE PETTEYS, RMC TOWN CLERK

___________________________                                                 ___________________________

SUPERVISOR HAFF                                                                          COUNCILWOMAN BEECHER

___________________________                                                 ___________________________

COUNCILMAN EASTMAN                                                             COUNCILMAN MILLER

__________________________

COUNCILMAN MCCARTHY

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