A REGULAR/ORGANIZATIONAL TOWN BOARD MEETING WAS HELD ON TUESDAY, FEBRUARY 9, 2021 AT THE TOWN HALL COMMENCING AT 7:00 P.M.
PRESENT
DANA HAFF, SUPERVISOR
BARBARA BEECHER, COUNCILWOMAN
GARY BURCH SR., COUNCILMAN
KEITH HARRINGTON, COUNCILMAN
JENNIFER PEREZ, COUNCILWOMAN
ALSO PRESENT
DENISE PETTEYS, RMC TOWN CLERK
MARK MILLER, ENFORCEMENT OFFICER
GREG BROWN, HIGHWAY SUPERINTENDENT
AUDIT
SUPERVISOR HAFF CALLED THE MEETING TO ORDER AT 7:00 P.M.
PLEDGE
A MOMENT OF SILENCE WAS OBSERVED FOR JENNIFER MCCAULEY, VIRGINIA ROBBINS AND ANDREW JESSEN ALL WHOM PASSED AWAY RECENTLY.
TOWN BOARD ROLL CALL WAS MADE WITH ALL MEMBERS PRESENT.
PAYMENT OF BILLS
RESOLUTION NO. 21039
ON MOTION OF SUPERVISOR HAFF, 2ND BY COUNCILWOMAN PEREZ, THE FOLLOWING RESOLUTION WAS ADOPTED 5 AYES, 0 NAYS. VOTING AYE, COUNCILWOMAN BEECHER, COUNCILMAN BURCH, COUNCILMAN HARRINGTON, COUNCILWOMAN PEREZ AND SUPERVISOR HAFF.
RESOLVED THAT THE AUTHORIZED BILLS BE PAID ON ABSTRACT #2 OF 2021 IN THE FOLLOWING AMOUNTS:
HIGHWAY VOUCHER # 8 – 30 $ 17,959.77
GENERAL VOUCHER #31 -57 $180,546.16
ABSTRACT #14 OF 2020
HIGHWAY VOUCHER #505 – 507 $7,329.91
SUPERVISOR’S REPORT
RESOLUTION NO. 21040
ON MOTION OF SUPERVISOR HAFF, 2ND BY COUNCILWOMAN BEECHER, THE FOLLOWING RESOLUTION WAS ADOPTED 5 AYES, 0 NAYS. VOTING AYE, COUNCILWOMAN BEECHER, COUNCILMAN BURCH, COUNCILMAN HARRINGTON, COUNCILWOMAN PEREZ AND SUPERVISOR HAFF.
RESOLVED TO ACCEPT THE SUPERVISOR’S REPORT END OF YEAR 2020 WITH THE FOLLOWING AMENDMENTS:
A5032 INTERFUND TRANSFERS + $22,000.00
A3005 ST AID, MORTGAGE TAX +$ 7,481.50
A3897 ST AID CULTURE CAPITAL PROJECTS – $ 1,399.99
A1410.4 TOWN CLERK, CONTR EXP +$ 194.61
A1420.4 LAW, CONTR EXP +$ 1,015.00
A1990.4 CONTINGENT ACCOUNT +$ 4,010.44
A3620.4 ENFORCEMENT OFFICER, CONTR EXP +$ .85
A5132.4 HIGHWAY GARAGE, CONTR EXP +$ 29,481.50
A7450.2 MUSEUM CAPITAL IMPROVEMENTS +$ 1,399.99
SUPERVISOR’S REPORT
RESOLUTION NO. 21041
ON MOTION OF SUPERVISOR HAFF, 2ND BY COUNCILMAN BURCH, THE FOLLOWING RESOLUTION WAS ADOPTED 5 AYES, 0 NAYS. VOTING AYE, COUNCILWOMAN BEECHER, COUNCILMAN BURCH, COUNCILMAN HARRINGTON, COUNCILWOMAN PEREZ AND SUPERVISOR HAFF.
RESOLVED THAT THE JANUARY 2021 SUPERVISOR’S REPORT BE ACCEPTED.
TOWN CLERK REPORT
RESOLUTION NO. 21042
ON MOTION OF SUPERVISOR HAFF, 2ND BY COUNCILWOMAN BEECHER, THE FOLLOWING RESOLUTION WAS ADOPTED 5 AYES, 0 NAYS. VOTING AYE, COUNCILWOMAN BEECHER, COUNCILMAN BURCH, COUNCILMAN HARRINGTON, COUNCILWOMAN PEREZ AND SUPERVISOR HAFF.
RESOLVED THAT THE TOWN CLERK REPORT BE ACCEPTED.
FEBRUARY 9, 2021 REGULAR MEETING PG. 2 OF 6
MINUTE REVIEW
RESOLUTION NO. 21043
ON MOTION OF SUPERVISOR HAFF, 2ND BY COUNCILWOMAN PEREZ, THE FOLLOWING RESOLUTION WAS ADOPTED 5 AYES, 0 NAYS. VOTING AYE, COUNCILWOMAN BEECHER, COUNCILMAN BURCH, COUNCILMAN HARRINGTON, COUNCILWOMAN PEREZ AND SUPERVISOR HAFF.
RESOLVED THAT THE REGULAR TOWN BOARD MINUTES FOR JANUARY 12, 2021 AND AUDIT MEETING MINUTES FOR JANUARY 19, 2021 BE ACCEPTED.
AUTHORIZE SUPERVISOR TO SIGN NYMIR INSURANCE POLICY RENEWAL
RESOLUTION NO. 21044
ON MOTION OF COUNCILWOMAN BEECHER, 2ND BY COUNCILMAN BURCH, THE FOLLOWING RESOLUTION WAS ADOPTED 5 AYES, 0 NAYS. VOTING AYE, COUNCILWOMAN BEECHER, COUNCILMAN BURCH, COUNCILMAN HARRINGTON, COUNCILWOMAN PEREZ AND SUPERVISOR HAFF.
RESOLVED TO AUTHORIZE SUPERVISOR HAFF TO SIGN THE NYMIR TOWN INSURANCE RENEWAL.
YOUTH COMMISSION
COUNCILWOMAN PEREZ ASKED ABOUT THE STATUS OF THE 20 YEAR AGREEMENT. SUPERVISOR HAFF SAID THAT WORK THAT WAS DONE AT THE SCHOOL CAUSED A FILL PILE TO ACCUMULATE ON SCHOOL PROPERTY. THIS FILL WAS SUPPOSED TO BE REMOVED BUT DUE TO JOB COST OVERRUNS THE SCHOOL DID NOT HAVE MONEY TO DO IT. SUPERVISOR HAFF AND THE YOUTH COMMISSION CREATED A 20 YEAR AGREEMENT WITH THE SCHOOL WHERE THE YOUTH COMMISSION AND TOWN WOULD FLATTEN THE FILL PILE TO MAKE A USABLE FIELD IN RETURN FOR YOUTH COMMISSION PERMISSION TO USE ANY PLAYING FIELD ON SCHOOL PROPERTY WHEN AVAILABLE. THE FLATTENING AND CONSTRUCTION OF THE FIELD HAS TAKEN 10 YEARS TO COMPLETE, SO SUPERVISOR HAFF WAS INTERESTED IN RENEWING THE 20 YEAR AGREEMENT. SUPERVISOR HAFF SAID THAT RON SMITH, CHAIRMAN OF THE YOUTH COMMISSION IS ALSO ON THE SCHOOL BOARD AND HE WAS GOING TO ASK THE SCHOOL BOARD IF THEY WOULD CONSIDER RENEWING THE AGREEMENT. IF THEY ARE INTERESTED THEN THE TOWN CAN HAVE OUR ATTORNEY AMEND THE CURRENT AGREEMENT.
HIGHWAY SUPERINTENDENT REPORT
GREG BROWN SAID THAT WASHINGTON COUNTY USES A FREE DRIVEWAY WORK PERMIT APPLICATION THAT HE IS INTERESTED IN ADOPTING FOR USE AT THE TOWN AS WELL. HE SAID IT IS ALREADY HIGHWAY LAW AND IT WILL HELP HIM REGULATE KEEPING ITEMS SUCH AS POWER POLES ETC. OUT OF THE TOWN RIGHT OF WAY AND TO HELP WITH SITE DISTANCES AS WELL. SUPERVISOR HAFF SAID THAT HE WOULD LIKE TO ASK THE ATTORNEY FOR THE TOWN IF IT WOULD REQUIRE A LOCAL LAW TO ADOPT IT.
COUNCILWOMAN PEREZ ASKED HOW SOMEONE COULD FIND OUT IF A RIGHT OF WAY WAS GRANTED TO OR BY A PROPERTY OWNER. SUPERVISOR HAFF SAID THAT IT WOULD BE A RECORDED DEED BUT THERE IS NO LAW THAT SAYS IT HAS TO BE RECORDED AT THE COUNTY CLERK’S OFFICE. HE SAID THAT EASEMENTS ARE NORMALLY RECORDED AND SEARCHABLE AT THE COUNTY CLERK’S OFFICE. THERE WAS FURTHER DISCUSSION REGARDING THE TOWN’S JURISDICTION OVER RIGHT OF WAYS. GREG SAID THAT PEOPLE PUT MAILBOXES IN THE TOWN RIGHT OF WAY AND WHEN THEY ARE HIT BY THE SNOWPLOW THE TOWN FIXES THEM OUT OF COURTESY BUT THEY DON’T HAVE TO. ANYTHING IN THE RIGHT OF WAY BE IT BUILDINGS, CARS, MAILBOXES IF THEY GET HIT – IT IS THE PROPERTY OWNERS RESPONSIBILITY. GREG SAID THAT ROAD BY USE IS 3 RODS FROM THE CENTERLINE OF THE ROAD. COUNCILWOMAN PEREZ SAID THAT SHE LEARNED AT THE ASSOCIATION OF TOWNS TRAINING THAT IF A RIGHT OF WAY HAS NOT BEEN DEEDED TO THE TOWN, A “ROAD” IS ONLY WHAT HAS BEEN MAINTAINED BY THE TOWN OVER A PERIOD OF 10 YEARS. SUPERVISOR HAFF SAID THAT SOUNDS LIKE ABANDONED ROADS. GREG SAID THAT IT IS HIGHWAY BY USE AND NOTHING IS DEEDED. COUNCILWOMAN BEECHER SAID THAT ROADS WERE ORIGINALLY MADE TAKING PROPERTY AS NEEDED FROM THE LANDOWNERS. GREG SAID HE ALWAYS APPROACHES THE PROPERTY OWNER BEFORE REMOVING OR DOING ANY WORK WITHIN THE RIGHT OF WAY. THERE WAS DISCUSSION THAT TOWN HIGHWAY MAPS EXIST AND ARE UPDATED EVERY YEAR SINCE THEY NEED TO BE RECORDED WITH THE COUNTY AND THEN FILED WITH THE STATE FOR THE PAVING CHIPS MONEY AID.
GREG SAID THAT HE IS STILL WAITING TO HEAR FROM TONY CLEMENS REGARDING THE WEX CARD SINCE HE HASN’T RECEIVED ANYTHING YET.
SUPERVISOR HAFF ASKED IF ALL OF THE ORGANIZATIONS HAVE RETURNED THE KEYS FOR THE OLD FUEL DISPENSING SYSTEM. GREG SAID NO BUT NONE OF THE OLD KEYS WILL WORK NOW. SUPERVISOR HAFF SAID THAT THE FIRE COMPANY IS ALSO OBTAINING A WEX CARD SYSTEM. HE SAID THAT AT THIS TIME THE TOWN PROVIDES FUEL AT TOWN COST TO THE MORNINGSIDE CEMETERY ASSOCIATION AND ARGYLE EMS. EVERY YEAR WE SIGN AN AGREEMENT THAT THEY WILL REIMBURSE THE TOWN FOR FUEL THEY USE. THE ARGYLE EMS NO LONGER HOUSES AN AMBULANCE IN THE HARTFORD FIRE STATION SO THEY DON’T USE OUR FUEL.
FEBRUARY 9, 2021 REGULAR MEETING PG. 3 OF 6
THE MORNINGSIDE CEMETERY ASSOCIATION IS PRIVATELY OWNED AND MAINTAINED. SUPERVISOR HAFF SUGGESTED THAT THE TOWN NO LONGER PROVIDE OUR FUEL AT OUR COST TO A PRIVATE ORGANIZATION. COUNCILMAN BURCH SAID THAT IT SOUNDS LIKE A GOOD IDEA SIMPLIFYING THE TOWN DEALING WITH OUR OWN FUEL CONSUMPTION.
RESOLUTION NO. 21045
ON MOTION OF SUPERVISOR HAFF, 2ND BY COUNCILMAN BURCH, THE FOLLOWING RESOLUTION WAS ADOPTED 5 AYES, 0 NAYS. VOTING AYE, COUNCILWOMAN BEECHER, COUNCILMAN BURCH, COUNCILMAN HARRINGTON, COUNCILWOMAN PEREZ AND SUPERVISOR HAFF.
RESOLVED TO ADVISE THE MORNINGSIDE CEMETERY ASSOCIATION AND ARGYLE EMS THAT THE NEW FUEL SYSTEM WILL NOT BE AVAILABLE FOR USE TO ANYONE OTHER THEN THE TOWN.
RESOLUTION NO. 21046
ON MOTION OF SUPERVISOR HAFF, 2ND BY COUNCILMAN HARRINGTON, THE FOLLOWING RESOLUTION WAS ADOPTED 5 AYES, 0 NAYS. VOTING AYE, COUNCILWOMAN BEECHER, COUNCILMAN BURCH, COUNCILMAN HARRINGTON, COUNCILWOMAN PEREZ AND SUPERVISOR HAFF.
RESOLVED THAT THE HIGHWAY SUPERINTENDENT REPORT BE ACCEPTED.
ENFORCEMENT OFFICER REPORT
MARK MILLER SAID HE SPOKE TO JEFF MEYER, ATTORNEY FOR THE TOWN REGARDING THE PETER LEONBRUNO PROPERTY ON COUNTY ROUTE 19 WHERE THE HOUSE IS FALLING IN. HE WILL PREPARE PAPERWORK AND ASK FOR NEW PICTURES TO PREPARE FOR A COURT CASE AGAINST HIM. MARK SPOKE WITH THOMAS DUFOUR ON BRAYTON ROAD REGARDING DUMPING ON HIS PROPERTY. HE DOES CONTINUE TO DUMP ROCKS AND CONCRETE FILL ITEMS THAT ARE NOT CONSIDERED C & D WASTE. MARK SAID HE DOES HAVE A PILE OF METAL TO RECYCLE. MARK SAID THAT HE SPOKE TO JOHN HURLEY ON WARREN ROAD. THE COUNTY HAS APPROVED OF EVERYTHING THAT HE HAS DONE THUS FAR ON HIS PROPERTY. MR. HURLEY HAS A TRAILER THAT IS UP ON BLOCKS BEING STORED. THERE WAS FURTHER DISCUSSION REGARDING THE USAGE OF THE PROPERTY. MARK DISCUSSED THAT THE DOLLAR GENERAL PROPERTY CONSTRUCTION IS PROCEEDING. MARK SAID THAT THE COUNTY HAS FILED AGAINST DAVE LAPIER AND HE HAS REMOVED 8 VEHICLES SO FAR BECAUSE MOST OF THE TIRES ARE FROZE TO THE GROUND. HE HAS ASKED FOR AN EXTENSION OF TIME AND JOHN GRAHAM, COUNTY CODE ENFORCEMENT GRANTED HIM UNTIL APRIL 1 TO HAVE THE VEHICLES REMOVED. SUPERVISOR HAFF SAID HE RECEIVED A CALL FROM THE OGDEN’S WHO LIVE IN FIRST HOUSE ON THE RIGHT COMING UP HARTFORD MAIN STREET SAYING THAT WASHINGTON COUNTY CITED THEM FOR VIOLATING THE NYS PROPERTY MAINTENANCE CODE. SHE CALLED AND WANTED TO KNOW HOW TO COMPLY WITH THE COUNTY REQUEST. THE COUNTY WILL BE MEETING WITH HER IN THE NEXT FEW DAYS.
RESOLUTION NO. 21047
ON MOTION OF SUPERVISOR HAFF, 2ND BY COUNCILMAN BURCH, THE FOLLOWING RESOLUTION WAS ADOPTED 5 AYES, 0 NAYS. VOTING AYE, COUNCILWOMAN BEECHER, COUNCILMAN BURCH, COUNCILMAN HARRINGTON, COUNCILWOMAN PEREZ AND SUPERVISOR HAFF.
RESOLVED THAT THE ENFORCEMENT OFFICER REPORT BE ACCEPTED.
JEFF MEYER, ATTORNEY FOR THE TOWN, ARRIVED TO THE MEETING AT 7:55PM. SUPERVISOR HAFF ASKED JEFF ABOUT THE HIGHWAY PROPOSED WORK PERMIT BEING A TOWN BOARD RESOLUTION APPROVAL OR IF IT WOULD BE A LOCAL LAW. JEFF SAID THAT HE WILL RESEARCH IT SINCE HE ASSUMED THAT THE TOWN AND HIGHWAY SUPERINTENDENT WOULD WANT SOME SORT OF OVERSITE TO BE ABLE TO DICTATE WHEN AND WHERE THAT WOULD REQUIRE SOME FORM OF REGULATION FROM THE MUNICIPALITY. SUPERVISOR HAFF SAID THAT GREG SHOULD MAKE UP A TEMPLATE TO PRESENT TO THE TOWN BOARD AT THE NEXT MEETING AND IN THE MEANTIME, JEFF COULD ADVISE IF THIS ACTION REQUIRES A LOCAL LAW AND IF SO, PUBLIC HEARING COULD BE SET FOR APRIL MEETING.
HISTORIAN REPORT
SUPERVISOR HAFF SUMMARIZED THE HARTFORD FOOD PANTRY REPORT. IT WAS REQUESTED TO SEND A LETTER ON BEHALF OF THE TOWN BOARD THANKING THE FOOD PANTRY STAFF FOR ALL THE WORK THAT THEY DO.
RESOLUTION NO. 21048
ON MOTION OF SUPERVISOR HAFF, 2ND BY COUNCILWOMAN PEREZ, THE FOLLOWING RESOLUTION WAS ADOPTED 5 AYES, 0 NAYS. VOTING AYE, COUNCILWOMAN BEECHER, COUNCILMAN BURCH, COUNCILMAN HARRINGTON, COUNCILWOMAN PEREZ AND SUPERVISOR HAFF.
RESOLVED THAT THE HISTORIAN REPORT BE ACCEPTED.
FEBRUARY 9, 2021 REGULAR MEETING PG. 4 OF 6
COURT REPORT
SUPERVISOR HAFF SUMMARIZED THE COURT REPORT. SUPERVISOR HAFF SAID THAT SHARON SCHOFIELD HAD RECEIVED A NEW COURT COMPUTER AND SHE REQUESTED THAT THE OLD TOWER BE DECLARED SURPLUS TO DISPOSE OF IT.
RESOLUTION NO. 21049
ON MOTION OF SUPERVISOR HAFF, 2ND BY COUNCILMAN HARRINGTON, THE FOLLOWING RESOLUTION WAS ADOPTED 5 AYES, 0 NAYS. VOTING AYE, COUNCILWOMAN BEECHER, COUNCILMAN BURCH, COUNCILMAN HARRINGTON, COUNCILWOMAN PEREZ AND SUPERVISOR HAFF.
RESOLVED THAT THE OBSOLETE COURT COMPUTER TOWER BE DECLARED SURPLUS.
RESOLUTION NO. 21050
ON MOTION OF SUPERVISOR HAFF, 2ND BY COUNCILWOMAN PEREZ, THE FOLLOWING RESOLUTION WAS ADOPTED 5 AYES, 0 NAYS. VOTING AYE, COUNCILWOMAN BEECHER, COUNCILMAN BURCH, COUNCILMAN HARRINGTON, COUNCILWOMAN PEREZ AND SUPERVISOR HAFF.
RESOLVED THAT THE COURT REPORT BE ACCEPTED.
SUPERVISOR HAFF DISCUSSED A FRAUDULENT EMAIL SCAM THAT IS GOING AROUND THE AREA. JEFF MEYER, ATTORNEY FOR THE TOWN SAID THAT SUPERVISOR HAFF EMAIL HAS BEEN HACKED AND HE SHOULD CHANGE HIS PASSWORD.
OPEN PUBLIC HEARING PROPOSED LOCAL LAW AMENDING LAND SUBDIVISION REGULATIONS
RESOLUTION NO. 21051
ON MOTION OF SUPERVISOR HAFF, 2ND BY COUNCILWOMAN BEECHER, THE FOLLOWING RESOLUTION WAS ADOPTED 5 AYES, 0 NAYS. VOTING AYE, COUNCILWOMAN BEECHER, COUNCILMAN BURCH, COUNCILMAN HARRINGTON, COUNCILWOMAN PEREZ AND SUPERVISOR HAFF.
RESOLVED THAT THE PROPOSED LOCAL LAW AMENDING THE TOWN OF HARTFORD LAND SUBDIVISION REGULATIONS PUBLIC HEARING BE OPENED AT 8:03 P.M.
SUPERVISOR HAFF READ INTO THE RECORD THE FOLLOWING:
A LOCAL LAW AMENDING CHAPTER 120 OF THE CODE OF THE TOWN OF HARTFORD LAND SUBDIVISION REGULATIONS
BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF HARTFORD:
SECTION 1. TITLE AND AUTHORITY.
THIS LOCAL LAW IS ADOPTED PURSUANT TO THE AUTHORITY VESTED IN THE TOWN BOARD OF THE TOWN OF HARTFORD PURSUANT TO ARTICLE 16 OF THE TOWN LAW AND MUNICIPAL HOME RULE LAW § 10 OF THE STATE OF NEW YORK.
SECTION 2. PURPOSE.
THE TOWN BOARD FINDS THAT TO BETTER EFFECTUATE THE PURPOSES AND INTENTIONS OF THE TOWN OF HARTFORD LAND SUBDIVISION REGULATIONS, AND TO ASSIST THE TOWN OF HARTFORD PLANNING BOARD IN THE TIMELY REVIEW OF SUBDIVISIONS UNDER THE TOWN OF HARTFORD LAND SUBDIVISION REGULATIONS, CERTAIN CHANGES AS CONTAINED HEREIN ARE NECESSARY. THE PROPOSED CHANGE WILL REDUCE THE BURDEN ON PROPERTY OWNERS SEEKING TO TIMELY FILE APPROVED SUBDIVISION PLATS. THIS AMENDMENT IS BEING MADE PURSUANT TO SECTION 10 OF THE NYS MUNICIPAL HOME RULE LAW THE TOWN BOARD IS SUPERSEDING SECTION 276 OF NYS TOWN LAW.
SECTION 3. AMENDMENT.
§ 120-20 FILING OF APPROVED SUBDIVISION PLAT., SUBPART A. CONTAINED IN ARTICLE III, SHALL BE DELETED IN ITS ENTIRETY AND REPLACED AS FOLLOWS:
FINAL APPROVAL AND FILING. UPON COMPLETION OF THE REQUIREMENTS IN §§ 120-18 AND 120-19 ABOVE AND NOTATION TO THAT EFFECT UPON THE SUBDIVISION PLAT, IT SHALL BE DEEMED TO HAVE FINAL APPROVAL AND SHALL BE PROPERLY SIGNED BY THE APPROPRIATE OFFICER OF THE PLANNING BOARD (CHAIRMAN OR ACTING CHAIRMAN) AND MAY BE FILED BY THE APPLICANT IN THE OFFICE OF THE COUNTY CLERK. ANY SUBDIVISION PLAT NOT SO FILED OR RECORDED WITHIN 90 DAYS OF THE DATE UPON WHICH SUCH PLAT IS APPROVED OR CONSIDERED APPROVED BY REASONS OF THE FAILURE OF THE PLANNING BOARD TO ACT SHALL BECOME NULL AND VOID, UNLESS THE PARTICULAR CIRCUMSTANCES OF SAID APPLICANT WARRANT THE PLANNING BOARD TO GRANT AN EXTENSION, WHICH SHALL NOT EXCEED TWO ADDITIONAL 90 DAY PERIODS.
SECTION 4. SEVERABILITY.
IF ANY CLAUSE, SENTENCE, PARAGRAPH, SUBDIVISION, SECTION, OR PART OF THIS LAW OR THE APPLICATION THEREOF TO ANY PERSON, INDIVIDUAL, CORPORATION, FIRM, PARTNERSHIP, ENTITY, OR CIRCUMSTANCE SHALL BE ADJUDGED BY ANY COURT OF COMPETENT JURISDICTION TO BE INVALID OR UNCONSTITUTIONAL, SUCH ORDER OR JUDGMENT SHALL NOT AFFECT, IMPAIR OR INVALIDATE THE REMAINDER THEREOF, BUT
FEBRUARY 9, 2021 REGULAR MEETING PG. 5 OF 6
SHALL BE CONFINED IN ITS OPERATION TO THE CLAUSE, SENTENCE, PARAGRAPH, SUBDIVISION, SECTION, OR PART OF THIS LAW, OR IN ITS APPLICATION TO THE PERSON, INDIVIDUAL, CORPORATION, FIRM, PARTNERSHIP, ENTITY, OR CIRCUMSTANCE DIRECTLY INVOLVED IN THE CONTROVERSY IN WHICH SUCH ORDER OR JUDGMENT SHALL BE RENDERED.
SECTION 5. EFFECTIVE DATE.
THIS LOCAL LAW SHALL TAKE EFFECT IMMEDIATELY UPON FILING IN THE OFFICE OF THE NEW YORK STATE SECRETARY OF STATE.
CLOSE PUBLIC HEARING PROPOSED LOCAL LAW AMENDING LAND SUBDIVISION REGULATIONS
RESOLUTION NO. 21052
ON MOTION OF SUPERVISOR HAFF, 2ND BY COUNCILMAN BURCH, THE FOLLOWING RESOLUTION WAS ADOPTED 5 AYES, 0 NAYS. VOTING AYE, COUNCILWOMAN BEECHER, COUNCILMAN BURCH, COUNCILMAN HARRINGTON, COUNCILWOMAN PEREZ AND SUPERVISOR HAFF.
RESOLVED THAT ALL PARTIES WISHING TO BE HEARD HAVING BEEN HEARD, RESOLVED TO CLOSE THE PUBLIC HEARING PROPOSED LOCAL LAW AMENDING THE TOWN OF HARTFORD LAND SUBDIVISION REGULATIONS AT 8:07 P.M.
ADOPT PROPOSED LOCAL LAW AMENDING LAND SUBDIVISION REGULATIONS
RESOLUTION NO. 21053
ON MOTION OF SUPERVISOR HAFF, 2ND BY COUNCILWOMAN PEREZ, THE FOLLOWING RESOLUTION WAS ADOPTED 5 AYES, 0 NAYS. VOTING AYE, COUNCILWOMAN BEECHER, COUNCILMAN BURCH, COUNCILMAN HARRINGTON, COUNCILWOMAN PEREZ AND SUPERVISOR HAFF.
WHEREAS, PURSUANT TO SECTION 276 OF TOWN LAW AND SECTION 10 OF MUNICIPAL HOME RULE LAW, THE TOWN BOARD (THE “BOARD”) OF THE TOWN OF HARTFORD (THE “TOWN”) HAS THE AUTHORITY TO ADOPT LOCAL LAWS CONCERNING THE REVIEW OF SUBDIVISION PLATS BY THE TOWN OF HARTFORD PLANNING BOARD; AND
WHEREAS, THE TOWN OF HARTFORD PLANNING BOARD HAS RECOMMENDED TO THE TOWN BOARD THAT THE DEADLINE FOR FILING AN APPROVED SUBDIVISION PLAT CURRENTLY STATED IN CHAPTER 120 SHOULD BE AMENDED TO PROVIDE APPLICANTS ADDITIONAL TIME; AND
WHEREAS, THE TOWN FINDS AND DETERMINES THAT THIS LOCAL LAW IS NECESSARY TO PROTECT THE HEALTH, SAFETY AND WELFARE OF ITS CITIZENS; AND
WHEREAS, THE TOWN SCHEDULED A PUBLIC HEARING TO BE HELD BEFORE THE TOWN BOARD ON FEBRUARY 9, 2021 AT 8:00 PM AT THE OFFICE OF THE TOWN OF HARTFORD, 165 HARTFORD MAIN STREET, HARTFORD, NEW YORK, TO HEAR ALL INTERESTED PARTIES REGARDING THE ADOPTION OF A PROPOSED LOCAL LAW AMENDING THE TOWN OF HARTFORD LAND SUBDIVISION REGULATIONS, AND
WHEREAS, NOTICE OF SAID PUBLIC HEARING WAS DULY POSTED AND THEN PUBLISHED IN THE OFFICIAL NEWSPAPER OF THE TOWN, PURSUANT TO AND IN CONFORMANCE WITH SECTION 20 OF THE MUNICIPAL HOME RULE LAW; AND
WHEREAS, SAID PUBLIC HEARING WAS DULY HELD AND ALL PARTIES IN ATTENDANCE WERE PERMITTED AN OPPORTUNITY TO SPEAK ON BEHALF OR IN OPPOSITION TO THE PROPOSED LOCAL LAW; AND
WHEREAS, THE TOWN DECLARED THAT THIS ACTION IS A TYPE 2 ACTION PURSUANT TO THE STATE ENVIRONMENTAL QUALITY REVIEW ACT (“SEQRA”), AS CODIFIED UNDER 6 NYCRR PART 617 ET. SEQ.
NOW, THEREFORE BE IT
RESOLVED, BY THE TOWN BOARD OF THE TOWN OF HARTFORD AS FOLLOWS:
SECTION 1. THE BOARD, UPON DUE DELIBERATION OF THE PROPOSED LOCAL LAW AND TH COMMENTS PRESENTED AT THE PUBLIC HEARING, FINDS THAT THE ADOPTION OF THE SAME SHALL BE IN THE BEST INTERESTS OF THE TOWN.
SECTION 2. THE PROPOSED LOCAL LAW IS HEREBY ADOPTED, COPIES OF WHICH ARE ATTACHED HERETO AND MADE A PART HEREOF. THE LAW SHALL TAKE EFFECT IMMEDIATELY UPON ITS FILING IN THE OFFICE OF THE SECRETARY OF STATE.
SECTION 3. THE CLERK IS HEREBY INSTRUCTED TO FILE A CERTIFIED COPY OF THE LOCAL LAW WITH THE SECRETARY OF STATE.
SECTION 4. THIS RESOLUTION SHALL TAKE EFFECT IMMEDIATELY.
THERE WAS DISCUSSION IF THERE WOULD BE ANY MORE REVISIONS TO ANY OTHER LOCAL LAWS BEFORE THIS REVISION WILL BE SUBMITTED TO GENERAL CODE.
FEBRUARY 6, 2021 REGULAR MEETING PG. 6 OF 6
COUNCILWOMAN BEECHER DISCUSSED EXEMPTIONS EXIST AFTER PROPERTIES ARE COMBINED AND THEN WANT TO SEPARATE THEM. SUPERVISOR HAFF SAID THAT IF PARCELS WITH DESCRIPTIVE DEEDS ARE CALLED PARCELS- IN THE OLD DAYS THE PLANNING BOARD WOULD MAKE PEOPLE COME IN AND DO A SUBDIVISION. THE ASSESSOR CAN JOIN PARCELS FOR TAX BILL PURPOSES BUT THE DEEDS ARE NOT ACTUALLY JOINED. SO, UNDERNEATH THE SUBDIVISION LAW IT SAYS IF YOU HAVE A PROPERTY OR PARCEL AS DESCRIBED BY METES AND BOUNDS THAT YOU DON’T HAVE TO RETURN TO THE PLANNING BOARD. SUPERVISOR HAFF SAID HE THINKS THE WORDING IF VERY CONFUSING. CAN IT POSSIBLY BE REWRITTEN SO IT IS CLEARER? JEFF MEYER, ATTORNEY FOR THE TOWN SAID A LOT IS A PARCEL HAVING DEFINED BOUNDARIES AS SHOWN ON A DULY APPROVED AND RECORDED SUBDIVISION. HE SAID THAT THE PLANNING BOARD HAS BEEN WORKING UNDER THE FOLLOWING. ONCE A LOT ALWAYS A LOT AND IF YOU BUY A BUNCH OF ADJOINING PROPERTIES THAT ARE ALL SEPARATE LOTS – THERE STATUS REMAINS AS SEPARATE LOTS. ONLY IF YOU ARE GOING TO CARVE ONE OF THEM IN HALF DO YOU ACTUALLY NEED AN APPROVAL. SOMEONE CAN TALK TO THE ASSESSOR AND FILE A ONE PAGE FORM SAYING PLEASE MERGE ALL THESE FOR TAX MAPPING PURPOSES BUT THAT DOESN’T MERGE THEM OR IN ANY WAY UNDO YOUR SUBDIVISION.
JEFF MEYER SAID THAT LANGUAGE COULD BE ADDED TO THE EXEMPT SUBDIVISION DEFINITION SAYING: PARCELS OR INDIVIDUAL LOTS THAT HAVE BEEN COMBINED FOR TAX MAPPING PURPOSES ARE EXEMPT. SUPERVISOR HAFF SAID THAT THESE CHANGES WILL REQUIRE ANOTHER PUBLIC HEARING ETC. HE ASKED JEFF TO PLEASE PREPARE THIS LANGUAGE FOR NEXT MONTH TO CONSIDER THE CHANGES.
CONFIDENTIAL SESSION
RESOLUTION NO. 21054
ON MOTION OF SUPERVISOR HAFF, 2ND BY COUNCILWOMAN PEREZ, THE FOLLOWING RESOLUTION WAS ADOPTED 5 AYES, 0 NAYS. VOTING AYE, COUNCILWOMAN BEECHER, COUNCILMAN BURCH, COUNCILMAN HARRINGTON, COUNCILWOMAN PEREZ, AND SUPERVISOR HAFF.
RESOLVED TO ENTER INTO CONFIDENTIAL SESSION AT 8:19 PM FOR ATTORNEY CLIENT PRIVILEGE SEEKING ADVICE ON QUIT CLAIM DEEDS REF GROW REQUEST FOR QUIT CLAIM.
REGULAR SESSION
RESOLUTION NO. 21055
ON MOTION OF SUPERVISOR HAFF, 2ND BY COUNCILMAN BURCH, THE FOLLOWING RESOLUTION WAS ADOPTED 5 AYES, 0 NAYS. VOTING AYE, COUNCILWOMAN BEECHER, COUNCILMAN BURCH, COUNCILMAN HARRINGTON, COUNCILWOMAN PEREZ, AND SUPERVISOR HAFF.
RESOLVED TO ENTER INTO REGULAR SESSION AT 8:40 PM.
RESOLUTION NO. 21056
ON MOTION OF SUPERVISOR HAFF, 2ND BY COUNCILWOMAN PEREZ, THE FOLLOWING RESOLUTION WAS ADOPTED 5 AYES, 0 NAYS. VOTING AYE, COUNCILWOMAN BEECHER, COUNCILMAN BURCH, COUNCILMAN HARRINGTON, COUNCILWOMAN PEREZ, AND SUPERVISOR HAFF.
RESOLVED CONSENTING TO THE DISCONTINUANCE OF THE .36 ACRE SECTION AREA OF GILCHRIST EXTENSION THAT WAS NEVER OPENED AS A HIGHWAY AND AUTHORIZING THE TOWN SUPERVISOR TO SIGN A QUIT CLAIM DEED RETURNING THAT PROPERTY TO THE ADJOINING PROPERTY OWNER, THE GROWS AND CONTINGENT UPON THE GROWS DEEDING TO THE TOWN THE SURVEY SECTION 41.24’ X 11.21’ X 114.98’ WHERE GILCHRIST HILL EXTENSION CROSSES THEIR PROPERTY BY THE DRIVEWAY.
SUPERVISOR HAFF CLARIFIED THAT JEFF MEYER WILL COMMUNICATE THIS INFORMATION TO ATTORNEY NIKAS. JEFF MEYER SAID THAT SUPERVISOR HAFF AND HIGHWAY SUPERINTENDENT GREG BROWN WILL BOTH NEED TO SIGN SOME PAPERS. JEFF MEYER SAID THAT THIS ACTION BY THE TOWN BOARD NOW WILL ALLOW THE PLANNING BOARD TO ACT IF THEY MEET IN FEBRUARY.
ON MOTION OF SUPERVISOR HAFF, 2ND BY COUNCILWOMAN BEECHER THE MEETING WAS ADJOURNED AT
8:47 P.M.
RESPECTFULLY SUBMITTED, ________________________DENISE PETTEYS, RMC TOWN CLERK
__________________ _____________________
SUPERVISOR HAFF COUNCILWOMAN BEECHER
_____________________ _____________________
COUNCILMAN BURCH COUNCILMAN HARRINGTON
________________________________
COUNCILWOMAN PEREZ