A REGULAR TOWN BOARD MEETING WAS HELD ON TUESDAY, JULY 13, 2021 AT THE TOWN HALL COMMENCING AT 7:00 PM
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
RON SMITH, YOUTH COMMISSION
JEFF CHAPIN, HIGHWAY
MIKE SWEZEY, HIGHWAY, PB CHAIRMAN
AUDIT
SUPERVISOR HAFF CALLED THE MEETING TO ORDER AT 7:00 P.M.
PLEDGE
TOWN BOARD ROLL CALL WAS MADE WITH ALL MEMBERS PRESENT.
PAYMENT OF BILLS
RESOLUTION NO. 21121
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 #7 OF 2021 IN THE FOLLOWING AMOUNTS:
HIGHWAY VOUCHER # 252 – 279 $299,490.13
YOUTH VOUCHER # 280 – 286 $ 502.49
GENERAL VOUCHER # 287 – 306 $ 6,286.41
SUPERVISOR’S REPORT
RESOLUTION NO. 21122
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 JUNE 2021 SUPERVISOR’S REPORT BE ACCEPTED WITH THE FOLLOWING AMENDMENTS:
D3501 CONSOLIDATED HIGHWAY AID – 124,202.47
D5142.4 SNOW REMOVAL – CONTR EXP – 26,700.53
D5110.4 HIGHWAY – ROAD REPAIRS + 20,710.00
D5112.2 HIGHWAY – (CHIPS) PERM IMPRV +130,193.00
TOWN CLERK REPORT
RESOLUTION NO. 21123
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.
JULY 13, 2021 REGULAR MEETING PG. 2 OF 10
MINUTE REVIEW
RESOLUTION NO. 21124
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 REGULAR TOWN BOARD MINUTES FOR JUNE 8, 2021 BE ACCEPTED.
TOWN WIDE GARAGE SALE
SUPERVISOR HAFF SAID THAT THE TOWN WIDE GARAGE SALE WILL BE HELD ON AUGUST 14 & 15TH THIS YEAR.
COMPLAINT COWS ON DURKEE LANE
SUPERVISOR HAFF DISCUSSED ONGOING COMPLAINTS OF COWS IN THE ROAD ON DURKEE LANE. KELLY DURKEE SENT SUPERVISOR HAFF SEVERAL PHOTOS OF COWS IN THE ROAD. HE SAID HE SPOKE TO SARGENT SULLIVAN FROM SHERIFF DEPARTMENT WHO SAID THAT THE DISTRICT ATTORNEY DOESN’T LIKE TO ENFORCE AGRICULTURAL LAWS. THE DEC OFFICERS SAY THE SAME THING. BUT IF THE TOWN OF HARTFORD HAD A LOCAL LAW SIMILAR TO THE TOWN OF WHITEHALL IT MIGHT BE ENFORCEABLE. SUPERVISOR HAFF DISTRIBUTED TO THE TOWN BOARD THE TOWN OF WHITEHALL 2015 LOCAL LAW REFERRING TO CONFINEMENT OF DOMESTIC ANIMALS, CATTLE AND HORSES. THERE WAS FURTHER DISCUSSION. SUPERVISOR HAFF SAID THAT THIS LAW WOULD PROBABLY REQUIRE THE TOWN TO EMPLOY AN ANIMAL CONTROL OFFICER IN ADDITION TO THE CURRENT DOG CONTROL OFFICER. HE SAID THAT THE TOWN WOULD HAVE TROUBLE ENFORCING THIS LAW FOR ALL OF THE ANIMALS NAMED. SUPERVISOR HAFF SAID THAT HE FEELS IT IS A DEC AND WASHINGTON COUNTY SHERIFF ISSUE AND THE TOWN HAS A RIGHT TO FARM LAW. SUPERVISOR HAFF SAID COUNCILWOMAN BEECHER SAID THIS SITUATION HAS BEEN GOING ON FOR OVER 100 YEARS. THERE WAS FURTHER DISCUSSION WHERE THE TOWN BOARD DECIDED NOT TO PROCEED WITH A LAW AT THIS TIME.
DOLLAR GENERAL UPDATE
MARK MILLER, ENFORCEMENT OFFICER, SAID THAT DOLLAR GENERAL COMPLETED ALL OF THE PREVIOUSLY REQUIRED PUBLIC SAFETY TYPE ITEMS. MARK SAID THAT THE LRCC2 WAS SIGNED AND WASHINGTON COUNTY ISSUED THE CERTIFICATE OF OCCUPANCY. MARK SAID THAT THERE IS NOW SOME LANDSCAPING ISSUES THAT WERE INCLUDED IN THE SITE PLAN REVIEW APPROVAL.
WASHINGTON COUNTY 2020 ASSESSMENT TAX RATES
SUPERVISOR HAFF DISCUSSED A DOCUMENT ISSUED BY REAL PROPERTY TAX SERVICE ENTITLED FULL VALUE COUNTY/TOWN AND VILLAGE TAX RATES USING THE 2020 ASSESSMENT ROLL.
SUPERVISOR HAFF DISCUSSED THE FEDERAL AMERICAN RELIEF PROGRAM ACT (ARPA) FOR FUNDS COMING TO MUNICIPALITIES TO OFFSET COVID19 LOSSES. WASHINGTON COUNTY HAS SET UP A WORKING GROUP WITH A STIMULUS INITIATIVES DOCUMENT. SUPERVISOR HAFF SAID THAT SPENDING THE ARPA MONEY IS VERY RESTRICTIVE AND CANNOT BE USED TO OFFSET THE TOWN BUDGET. HE SAID THAT IT MIGHT BE POSSIBLE TO IMPROVE THE BUILDING VENTILATION AND AIR HANDLING. HE SAID THAT CENTRAL AIR MINI SPLIT SYSTEMS AND AIR PURIFIERS COULD BE INSTALLED IN THE TOWN HALL CONFERENCE ROOM AND OFFICES ETC. HE ASKED THE TOWN BOARD TO LOOK OVER THE WASHINGTON COUNTY DOCUMENT. SUPERVISOR HAFF SAID THAT HE HOPED TO BE ABLE TO REIMBURSE NON-PROFITS LOSSES FOR THE HARTFORD VOLUNTEER FIRE COMPANY AND THE MASON LODGE PERHAPS.
JULY 13, 2021 REGULAR MEETING PG. 3 OF 10
YOUTH COMMISSION RESIGNATION
SUPERVISOR HAFF SAID THAT CINDY BLACKSTONE SUBMITTED HER RESIGNATION AS A MEMBER OF THE YOUTH COMMISSION.
RESOLUTION NO. 21125
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 ACCEPT CINDY BLACKSTONE RESIGNATION AS FULL YOUTH COMMISSION MEMBER.
YOUTH COMMISSION POSTING
RESOLUTION NO. 21126
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 POST YOUTH COMMISSION FULL MEMBER VACANCY TO FILL AN UNEXPIRED TERM THROUGH 12/31/21. ANY SCHOOL DISTRICT RESIDENT IS ELIGIBLE TO SUBMIT LETTER OF INTEREST BY NOON FRIDAY, AUGUST 6, 2021 IN ORDER TO BE CONSIDERED AT THE AUGUST 10, 2021 BOARD MEETING.
ACCEPT CIVIL SERVICE NEW POSITION CLEANER
SUPERVISOR HAFF SAID THAT THE JOB DUTY OF JANITORIAL FOR TOWN HALL NEEDS TO BE CHANGED TO CLEANER FOR CIVIL SERVICE REQUIREMENTS.
RESOLUTION NO. 21127
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 TO ACCEPT CIVIL SERVICE NEW POSITION CLEANER DUTIES STATEMENT.
RESOLUTION NO. 21128
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 ACCEPT STANDARD WORK DAY AND REPORTING RESOLUTION AS BELOW
Standard Work Day and Reporting Resolution
BE IT RESOLVED, that the ____Town of Hartford_________ hereby establishes the following as standard work days for elected and appointed officials and will report the following days worked to the New York State and Local Employees’ Retirement System based on the record of activities maintained and submitted by these officials to the clerk of this body:
Title |
Name |
Social Security Number (Last |
Registration Number |
Standard Work Day (Hrs/day) |
Term Begins/ Ends |
Participates in Employer’s Time Keeping System (Y/N) |
Days/Month (based on Record of Activities) |
| Elected Officials | |||||||
| Town Justice | Sharon Schofield | XXXX | XXXXX | 6 | 1/1/21-12/31/24 | N |
3.38 |
| Appointed Officials | |||||||
| Court Clerk | Stephany Euber | XXXX | XXXXX | 6 | 1/1/20-12/31/20 | N | 2.50 |
| Enforcement Officer | Mark Miller |
XXXX |
XXXXX |
6 | 1/1/20-12/31/20 | N | 2.29 |
| Supervisor Clerk/Budget Officer | Joel Carpenter |
XXXX |
XXXXX |
6 | 1/1/20-12/31/20 | N | 4.016 |
On this ___14_____day of ____July_________, 2021
________________________________ Date enacted ___July 13, 2021_______
(Signature of clerk)
I, ___Denise Petteys, RMC___________, clerk of the governing board of the __Town of Hartford__, of
(Name of Employer)
the State of New York, do hereby certify that I have compared the foregoing with the original resolution passed by such board, at a legally convened meeting held on the _13 day of __July_______, 2021
on file as part of the minutes of such meeting, and that same is a true copy thereof and the whole of such original.
I further certify that the full board, consists of _5_ members, and that _5_ of such members were present at such meeting and that _5_ of such members voted in favor of the above resolution.
IN WITNESS WHEREOF, I have hereunto
Set my hand and the seal of the
____________Town of Hartford__________________
(Name of Employer)
LARGE SCALE SOLOR FARM SITE PLAN FEE
SUPERVISOR HAFF SAID THAT THE COUNTY HAS BEEN TALKING ABOUT SOLAR FARMS QUITE A BIT BECAUSE THERE IS A 20MW ONE PROPOSED TO GO IN THE TOWN OF EASTON. THIS IS ABOUT 4 TIMES LARGER THEN THE ONE GOING ON TOM BURCH LAND HERE IN HARTFORD. HE SAID THAT THE TOWN OF GREENWICH SAID THAT THEY HAVE A SITE PLAN REVIEW APPLICATION FEE. SUPERVISOR HAFF SAID THAT HE SENT THE TOWN OF GREENWICH INFORMATION TO ATTORNEY FOR THE TOWN, JEFF MEYER, AND HE DRAFTED A SITE PLAN APPLICATION FEE REVISION RESOLUTION. THERE WAS FURTHER DISCUSSION REGARDING THIS RESOLUTION. SUPERVISOR HAFF SUGGESTED THAT ANY LARGE SCALE, LARGER THEN 12,000 WATTS, SOLAR APPLICANTS WOULD PAY .50 CENTS PER KILOWATT. SUPERVISOR HAFF SAID THAT NYS WILL NO LONGER ALLOW ANY LOCAL INPUT/REVIEW FOR FUTURE SOLAR FARMS 20 MEGAWATT OR LARGER. SUPERVISOR HAFF SAID THAT HE PROVIDED THIS RESOLUTION TO THE PLANNING BOARD AND ASKED THAT THEY REVIEW IT AS WELL. IF EVERYONE AGREES THE TOWN BOARD COULD PASS THE RESOLUTION AT THE AUGUST MEETING.
YOUTH COMMISSION REPORT
RON SMITH SAID THAT THE BASEBALL/SOFTBALL SEASON ENDED AND WERE ABLE TO GET BACK ON THE HARTFORD FIELDS TOWARDS THE END. HE SAID THAT THEY UPDATED THE EQUIPMENT FOR BASEBALL/SOFTBALL AS WELL. RON SAID THAT THE YC IS TRYING TO MAINTAIN EQUIPMENT AND STILL FINISH THE NEW FIELDS. IN JULY THEY SPENT ABOUT $4,000 AND THE PROJECTED COST FOR AUGUST IS BREAKAWAY BASES AT $500, THE SOCCER GOALS AND BENCHES WILL BE ABOUT $2200 AND ANOTHER $2000 WILL BE NEEDED FOR BASEBALL FIELD DIRT, THE CONCRETE ABOUT $700 AND ROUGHLY $4500 TO COMPLETE THE FENCE PROJECT. THE TWO MONTH EXPENSE IS ABOUT $15,000. TO PUT THAT INTO PROSPECTIVE, THE AVERAGE COST TO SIGN A CHILD UP IS $20 WHICH EQUALS ABOUT 750 KIDS TO COVER THE EXPENSES FOR THE 2 MONTHS. IT WOULD TAKE SIGNS UPS FOR ALL THREE SPORTS FOR TWO YEARS TO COVER THIS 2 MONTH OF EXPENSES. HE SAID THAT HE DOESN’T THINK PEOPLE
JULY 13, 2021 REGULAR MEETING PG. 5 OF 10
REALIZE HOW MUCH IT COSTS TO RUN THE YOUTH COMMISSION AND BUY THE THINGS THAT ARE NEEDED. SUPERVISOR HAFF ASKED IF THE YOUTH COMMISSION WAS ABLE TO DISCUSS THE EXTRA INSURANCE COVERAGE FOR INJURIES. THERE WAS FURTHER DISCUSSION REGARDING HOW TO STAY ON TASK AND PROCEDURES HOW TO SUBMIT EXPENSES REQUIRED TO RUN THE YOUTH COMMISSION. THERE WAS DISCUSSION REGARDING GOVERNMENT NOT BEING ABLE TO GIFT MONIES. RON SAID THAT HE SUGGESTED THE YOUTH COMMISSION COULD BUY A PLAQUE AND ADD NAMES OF A SENIOR BOY OR GIRL THAT HAVE CONTRIBUTED TO THE YOUTH COMMISSION/COMMUNITY. THIS DOESN’T HAVE TO BE MONETARY BUT IS STILL RECOGNITION.
RESOLUTION NO. 21129
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 YOUTH COMMISSION REPORT BE ACCEPTED.
HARTFORD VOLUNTEER FIRE COMPANY REPORT
SUPERVISOR HAFF SUMMARIZED THE HARTFORD VOLUNTEER FIRE COMPANY REPORT.
RESOLUTION NO. 21130
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 HARTFORD VOLUNTEER FIRE COMPANY REPORT BE ACCEPTED.
ENFORCEMENT OFFICER REPORT
MARK MILLER SAID THAT HE SPOKE TO JOHN GRAHAM, COUNTY CODE ENFORCEMENT, ABOUT THE JAY LAPIER STATE ROUTE 196 FILING PROGRESSING TO COURT APPEARANCE. THE LEONBRUNO HOUSE ON COUNTY ROUTE 17 IS NOT BEING TORN DOWN BUT IS BEING REPAIRED WITH COUNTY CODE ENFORCEMENT GUIDANCE.
RESOLUTION NO. 21131
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.
COURT REPORT
RESOLUTION NO. 21132
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.
PILOT/HOST COMMUNITY CHBP LLC PROJECT
SUPERVISOR HAFF SAID THAT THE WARREN/WASHINGTON DEVELOPMENT AGENCY WOULD LIKE TO GIVE A PILOT OUT TO THIS CHAMPLAIN HUDSON POWER EXPRESS HIGH VOLTAGE DC (1,250 MW) LINE FROM CANADA TO NYC, TO BE BURIED FOR .22 MILES THROUGH THE NW PART OF THE TOWN OF HARTFORD NEAR THE BARGE CANAL AND RAILROAD. SUPERVISOR HAFF SAID THAT THIS IS A PROPOSED LINE WITH MANY OTHER BIDDERS – IT DOESN’T NECESSARILY MEAN IT WILL BE APPROVED. IF IT IS APPROVED, THE IDA WOULD LIKE TO HAVE ALL OF THE APPROVALS IN PLACE AHEAD OF TIME. THE TOWN WOULD GET PILOT MONEY AND COMMUNITY HOST BENEFIT PACKAGE (CHBP) CAPITAL PURCHASE BENEFIT PAYMENTS SPREAD OVER 30 YEARS. THE PILOT PAYMENT COUNTS TOWARDS THE TAX LEVY BUT NOT THE CHBP. THIS
JULY 13, 2021 REGULAR MEETING PG. 6 OF 10
PAYOUT OF MONIES WOULD NOT OCCUR UNTIL THIS PROJECT IS OPERATIONAL. THERE WAS FURTHER DISCUSSION REGARDING THE TOWN WANTING/ GIVING PILOT MONIES.
RESOLUTION NO. 21133
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.
PILOT/HOST COMMUNITY APPROVAL RESOLUTION
TOWN OF HARTFORD
CHPE LLC PROJECT
Supervisor Haff offered the following resolution, and moved its adoption:
RESOLUTION NO. 21133
RESOLUTION APPROVING (A) THE PAYMENT TERMS AND CONDITIONS OF A CERTAIN PILOT AGREEMENT TO BE ENTERED INTO BETWEEN COUNTIES OF WARREN AND WASHINGTON INDUSTRIAL DEVELOPMENT AGENCY AND CHPE LLC IN CONNECTION WITH THE CHPE LLC PROJECT AND (B) THE PAYMENT TERMS AND CONDITIONS OF CERTAIN HOST COMMUNITY BENEFIT AGREEMENTS TO BE ENTERED INTO BETWEEN COUNTIES OF WARREN AND WASHINGTON CIVIC DEVELOPMENT CORPORATION AND CHPE LLC IN CONNECTION WITH THE CHPE LLC PROJECT.
BE IT ENACTED by the Town Board of the Town of Hartford, New York (the “Town Board”), as follows:
WHEREAS, pursuant to Title 1 of Article 18-A of the General Municipal Law of the State of New York, as amended (the “Enabling Act”) and Chapter 862 of the 1971 Laws of New York, as amended, constituting Section 890-c of said General Municipal Law (said Chapter and the Enabling Act being hereinafter collectively referred to as the “Act”), the Board of Supervisors of Warren County and the Board of Supervisors of Washington County have heretofore appointed the Chairman and members of Counties of Warren and Washington Industrial Development Agency (the “Agency”) and have duly caused to be filed in the office of the Secretary of State of the State of New York the certificates required by Section 856 of the Act; and
WHEREAS, to accomplish its stated purposes, the Agency is authorized and empowered under the Act to acquire, construct, reconstruct and install one or more “projects” (as defined in the Act) or to cause said projects to be acquired, constructed, reconstructed and installed, and to convey said projects or to lease said projects with the obligation to purchase; and
WHEREAS, CHPE LLC, a New York State limited liability company (the “Company”), has submitted an application (the “Application”) to the Agency, a copy of which Application is on file at the office of the Agency, which Application requested that the Agency consider undertaking a project (the “Project”) for the benefit of Company, said Project consisting of the following: (A)(1) the acquisition of an interest in the Company’s interest in certain upland parcels of land and in the Company’s interim permit and easement issued or to be issued by the New York State Office of General Services (“OGS”) in relation to submerged State-owned land, such upland and submerged lands located in the Towns of Putnam, Dresden, Whitehall, Fort Ann, Hartford, Kingsbury and Fort Edward, and Villages of Whitehall, Fort Ann and Fort Edward, Washington County, New York (collectively, the “Land”), (2) the construction, installation and equipping on or under the Land of a fully-buried, up to 1,250-megawatt (“MW”) high-voltage direct current (“HVDC”) electric transmission line and related infrastructure (collectively, the “Improvements”) and (3) the acquisition and installation thereon and therein of certain related machinery and equipment, including but not limited to, two (2) five-inch diameter HVDC transmission cables (collectively, the “Equipment”) (the Land, the Improvements and the Equipment hereinafter collectively referred to as the “Project Facility”), all of the foregoing to be used and operated by the Company as a portion of an electric power transmission line from the U.S.-Canada border to New York City; (B) the granting of certain “financial assistance” (within the meaning of Section 854(14) of the Act) with respect to the foregoing, including potential exemptions from certain sales and use taxes, real property taxes, real estate transfer taxes and mortgage recording taxes (collectively, the “Financial Assistance”); and (C) the lease (with an obligation to purchase) or sale of the Project Facility to the Company or such other person as may be designated by the Company and agreed upon by the Agency; and
WHEREAS, in connection with the undertaking of the Project, the Company will execute and deliver (A) a certain payment in lieu of tax agreement (the “PILOT Agreement”) by and between the Agency and the Company, pursuant to which the Company will agree to pay certain payments in lieu of taxes with respect to the Project Facility, and (B) certain host community benefit agreements (collectively, the “Host Community Benefit Agreements,” and, individually, a “Host Community Benefit Agreement”) by and between the Counties of Warren and Washington Civic Development Corporation (the “CDC”) and the Company, pursuant to which the Company will agree to pay certain host community benefit payments to the CDC pursuant to each Host Community Benefit Agreement for the benefit of (1) the Town of Hartford (the “Town”) and the Towns of Putnam, Dresden, Whitehall, Fort Ann, Hartford, Kingsbury and Fort Edward, (2) Washington County, (3) the Putnam Central School District, the Whitehall Central School District, the Fort Ann Central School District, the Hudson Falls Central School District and the Fort Edward Central School District, and (4) the Villages of Whitehall, Fort Ann and Fort Edward; and
WHEREAS, the Agency desires that the Town of Hartford, through its Town Board, as one of the affected tax jurisdictions with respect to the Project Facility, adopt a resolution indicating whether the Town Board agrees to the terms of the (A) proposed PILOT Agreement, and (B) the proposed Host Community Benefit Agreements;
NOW, THEREFORE, BE IT RESOLVED by the Town Board, as follows:
Section 1. For the purpose of satisfying the requirements contained in the Agency’s Uniform Tax Exemption Policy (the “UTEP Policy”) and the Act, the Town Board hereby (1) acknowledges notification of any deviation from the Agency’s UTEP Policy, (2) waives any formal notice from the Agency of any deviation from the Agency’s UTEP Policy, (3) approves the payment terms to be contained in the PILOT Agreement, as substantially described in Schedule A attached, and (4) approves the payment terms to be contained in the Host Community Benefit Agreements, as substantially described in Schedule A attached.
Section 2. The Town Supervisor of the Town is hereby authorized, on behalf of the Town of Hartford, to execute and deliver a consent to the PILOT Agreement for the purpose of evidencing its approval to the proposed payment terms of the PILOT Agreement, said PILOT Agreement to contain the terms described in Schedule A attached, with such changes, variations, omissions and insertions as the Town Supervisor of the Town shall approve, the execution thereof by the Town Supervisor of the Town to constitute conclusive evidence of such approval.
Section 3. The Town Supervisor of the Town is hereby further authorized, on behalf of the Town of Hartford, to execute and deliver a consent to the Host Community Benefit Agreement relating to the Town for the purpose of evidencing its approval to the proposed payment terms of the Host Community Benefit Agreement, said Host Community Benefit Agreement to contain the terms described in Schedule A attached, with such changes, variations, omissions and insertions as the Town Supervisor of the Town shall approve, the execution thereof by the Town Supervisor of the Town to constitute conclusive evidence of such approval.
Section 4. The officers, employees and agents of the Town of Hartford are hereby authorized and directed for and in the name and on behalf of the Town of Hartford to do all acts and things required or provided for by the applicable provisions of this Resolution in order to ensure compliance with such provisions as they relate to the execution and delivery of the PILOT Agreement and the Host Community Benefit Agreement, and to execute and deliver all such additional certificates, instruments and documents, and to do all such further acts and things as may be necessary or, in the opinion of the officer, employee or agent acting, desirable and proper to effect the purposes of the foregoing resolution.
Section 5. This resolution shall take effect immediately.
The resolution was duly seconded by Councilwoman Beecher and the resolution was duly adopted by a vote on roll call.
STATE OF NEW YORK )
)SS.:
COUNTY OF WASHINGTON )
I, the undersigned Clerk of the Town Board of the Town of Hartford, DO HEREBY CERTIFY that the preceding Resolution was duly adopted by the Town Board of the Town of Hartford at a regular meeting of the said Town Board of the Town of Hartford duly called and held on ___________ __, 2021; that said Resolution was entered in the minutes of said meeting; and that I have compared the foregoing copy with the original thereof now on file in my office and that the same is a true and correct transcript of said Resolution and of the whole thereof.
I FURTHER CERTIFY that (A) all members of said Town Board of the Town of Hartford had due notice of said meeting; (B) said meeting was in all respects duly held; (C) pursuant to Article 7 of the Public Officers Law (the “Open Meetings Law”), said meeting was open to the general public, and due notice of the time and place of said meeting was duly given in accordance with such Open Meetings Law; and (D) there was a quorum of the members of the Town Board of the Town of Hartford present throughout said meeting.
I FURTHER CERTIFY that, as of the date hereof, the attached Resolution is in full force and effect and has not been amended, repealed or rescinded.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the Town of Hartford, New York this ____ day of ____________, 2021.
BY:
Clerk of the Town Board of the Town of Hartford, New York
(SEAL)
SCHEDULE A
PILOT AND HOST COMMUNITY BENEFIT PAYMENT TERMS
| CHAMPLAIN HUDSON POWER EXPRESS | ||||||||
| TOWN OF HARTFORD | ||||||||
| YEAR | TAX | PILOT | CHBP | ANNUAL PAYMENT | ||||
| Initial Year of Ops | $ 4,458 | $ 3,121 | $ 5,239 | $ 8,360 | ||||
| 2 | $ 4,523 | $ 3,166 | $ 5,315 | $ 8,481 | ||||
| 3 | $ 4,589 | $ 3,212 | $ 5,392 | $ 8,604 | ||||
| 4 | $ 4,655 | $ 3,259 | $ 5,471 | $ 8,729 | ||||
| 5 | $ 5,106 | $ 3,574 | $ 6,001 | $ 9,575 | ||||
| 6 | $ 5,204 | $ 3,643 | $ 6,116 | $ 9,759 | ||||
| 7 | $ 5,280 | $ 3,696 | $ 6,205 | $ 9,900 | ||||
| 8 | $ 5,356 | $ 3,749 | $ 6,295 | $ 10,044 | ||||
| 9 | $ 5,840 | $ 4,088 | $ 6,864 | $ 10,952 | ||||
| 10 | $ 5,925 | $ 4,148 | $ 6,963 | $ 11,111 | ||||
| 11 | $ 6,037 | $ 4,226 | $ 7,094 | $ 11,320 | ||||
| 12 | $ 6,124 | $ 4,287 | $ 7,197 | $ 11,484 | ||||
| 13 | $ 6,644 | $ 4,651 | $ 7,808 | $ 12,458 | ||||
| 14 | $ 6,740 | $ 4,718 | $ 7,921 | $ 12,639 | ||||
| 15 | $ 6,838 | $ 4,786 | $ 8,036 | $ 12,822 | ||||
| 16 | $ 6,964 | $ 4,875 | $ 8,185 | $ 13,060 | ||||
| 17 | $ 7,522 | $ 5,265 | $ 8,839 | $ 14,104 | ||||
| 18 | $ 7,631 | $ 5,341 | $ 8,967 | $ 14,309 | ||||
| 19 | $ 7,741 | $ 5,419 | $ 9,097 | $ 14,516 | ||||
| 20 | $ 7,853 | $ 5,497 | $ 9,229 | $ 14,727 | ||||
| 21 | $ 8,510 | $ 5,957 | $ 10,001 | $ 15,958 | ||||
| 22 | $ 8,633 | $ 6,043 | $ 10,146 | $ 16,189 | ||||
| 23 | $ 8,758 | $ 6,131 | $ 10,293 | $ 16,424 | ||||
| 24 | $ 8,947 | $ 6,263 | $ 10,515 | $ 16,778 | ||||
| 25 | $ 9,589 | $ 6,712 | $ 11,269 | $ 17,981 | ||||
| 26 | $ 9,728 | $ 6,810 | $ 11,432 | $ 18,242 | ||||
| 27 | $ 9,934 | $ 6,954 | $ 11,674 | $ 18,628 | ||||
| 28 | $ 10,143 | $ 7,100 | $ 11,920 | $ 19,021 | ||||
| 29 | $ 10,899 | $ 7,629 | $ 12,809 | $ 20,438 | ||||
| 30 | $ 11,091 | $ 7,764 | $ 13,034 | $ 20,798 | ||||
| Total | $ 217,263 | $ 152,084 | $ 255,326 | $ 407,411 | ||||
JULY 13, 2021 REGULAR MEETING PG. 10 OF 10
EXECUTIVE SESSION
RESOLUTION NO. 21134
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 EXECUTIVE SESSION AT 8:12 PM FOR PERSONNEL MATTERS AND LITIGATION, AND COLLECTIVE NEGOTIATION.
REGULAR SESSION
RESOLUTION NO. 21134
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 REGULAR SESSION AT 8:50 PM.
ON MOTION OF SUPERVISOR HAFF, 2ND BY COUNCILWOMAN BEECHER THE MEETING WAS ADJOURNED AT 8:50 P.M.
RESPECTFULLY SUBMITTED, ________________________DENISE PETTEYS, RMC TOWN CLERK
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SUPERVISOR HAFF COUNCILWOMAN BEECHER
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COUNCILMAN BURCH COUNCILMAN HARRINGTON
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COUNCILWOMAN PEREZ