June 8, 2021

A REGULAR TOWN BOARD MEETING WAS HELD ON TUESDAY, JUNE 8, 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

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
THERE WAS DISCUSSION REGARDING VARYING UMPIRE PAY FOR THE YOUTH COMMISSION. SUPERVISOR HAFF TEXTED AMBER MERCURE AND SHE CLARIFIED $30 UNCERTIFIED $75 CERTIFIED UMPIRES.
RESOLUTION NO. 21109
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 #6 OF 2021 IN THE FOLLOWING AMOUNTS:
HIGHWAY VOUCHER # 201 – 213 $ 13,987.10
YOUTH VOUCHER # 214 – 222 $ 1,564.54
GENERAL VOUCHER # 223 – 251 $ 9,390.46

SUPERVISOR’S REPORT
SUPERVISOR HAFF SAID THAT THE TOWN IS SUPPOSED TO BE GETTING $264,000 FROM THE AMERICAN RESCUE PLAN ACT (ARPA) AND HE SPOKE WITH JOEL CARPENTER, SUPERVISOR CLERK, REGARDING WHERE THE MONEY SHOULD BE DEPOSITED TO BE ACCESSED. HE SAID THAT JOEL CAN EASILY CREATE A NEW NYCLASS ACCOUNT BUT HE IS UNSURE HOW MONEY CAN BE DISTRIBUTED FROM GLENS FALLS NATIONAL BANK. HE WILL DISCUSS IT FURTHER WITH JOEL CARPENTER, SUPERVISOR CLERK.
RESOLUTION NO. 21110
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 MAY 2021 SUPERVISOR’S REPORT BE ACCEPTED.

TOWN CLERK REPORT
RESOLUTION NO. 21111
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.

MINUTE REVIEW
RESOLUTION NO. 21112
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 MAY 18, 2021 AND THE SPECIAL TOWN BOARD MINUTES FOR MAY 31, 2021 BE ACCEPTED.
RESOLUTION NO. 21113
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 PLANNING BOARD MINUTES FOR APRIL 27, 2021 BE ACCEPTED.

JUNE 8, 2021 REGULAR MEETING PG. 2 OF 4

SUPERVISOR HAFF SAID THAT THE YOUTH COMMISSION HAS BEEN TRYING TO CREATE A SCHOLARSHIP TO BE GIVEN TO A HARTFORD CENTRAL SCHOOL SENIOR. SUPERVISOR HAFF SAID THE YOUTH COMMISSION CANNOT GIVE OUT SCHOLARSHIPS – IT VIOLATES THE NYS CONSTITUTION ARTICLE 8 SECTION 1. YOU CANNOT GIVE GIFTS OF PUBLIC FUNDS. HE SAID THAT THE YOUTH COMMISSION IS A SUBSIDIARY OF THE TOWN GOVERNMENT. COUNCILWOMAN BEECHER WILL BE ATTENDING THE YOUTH COMMISSION MEETINGS TO ACT AS A LIAISON BETWEEN THE 2 BOARDS. SURROUNDING TOWNS HAVE OTHER YOUTH CLUBS BUT THEY ARE NOT SUBSIDIARIES OF THEIR TOWNS.
RESOLUTION NO. 21114
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 YOUTH COMMISSION MINUTES FOR MAY 3, 2021 BE ACCEPTED.

INFORMATION
SUPERVISOR HAFF DISCUSSED A MUNICIPAL ALERT THAT WAS SENT FROM MEYER, FULLER & STOCKWELL REGARDING CANNABIS REGULATION. THERE IS A PROVISION INCLUDED IN THE LEGISLATION STATING THAT COUNTIES ARE NOT ALLOWED TO OPT OUT OF SALES WITHIN THE COUNTY. THE TOWNS AND VILLAGES CAN OPT OUT OF RETAIL SALES OF CANNABIS OR ON-SITE CONSUMPTION BUSINESSES SUCH AS RESTAURANTS OR BARS. THE TOWN HAS UNTIL 12/31/21 TO OPT OUT. IF THE TOWN DOES NOTHING, SOMEONE COULD SET UP A DISPENSARY OR A RESTAURANT COULD ALLOW THE USE OF IT. SUPERVISOR HAFF SAID IT WILL BE TREATED LIKE TOBACCO – SO THOSE ARE THE TYPE OF PLACES WHERE IT IS OR ISN’T ALLOWED. THERE WAS DISCUSSION REGARDING HOW MUCH MONEY COULD BE GENERATED BY IT.

DOLLAR GENERAL UPDATE
SUPERVISOR HAFF SAID THAT THE NEW DOLLAR GENERAL IS NOW OPEN. SUPERVISOR HAFF SAID THAT HE FREQUENTLY SHOPS AT DOLLAR GENERAL.

SUPERVISOR HAFF SAID THAT THE TOWN ISSUED THEM A TEMPORARY LRCC#2 GOOD UNTIL 7/9/21 TO COMPLETE THE FOLLOWING ITEMS – INSTALL GUARD RAILING ALONG ROWE HILL ROAD, INSTALL CHAIN LINK FENCE, INSTALL PARKING BUMPERS, BOLLARDS BY THE FRONT ENTRANCE, INSTALL HANDICAP SIGNS, INSTALLATION OF PERMITTED DEPARTMENT OF HEALTH APPROVED POTABLE WATER SYSTEM, AND INSTALL GARBAGE DUMPSTER ENCLOSURE.

SUPERVISOR HAFF ASKED THE STORE MANAGER IF THEY HAVE A PLAN B IN CASE THESE ITEMS DO NOT GET COMPLETED IN TIME. RODNEY WELLS, STORE MANAGER SAID THAT HE HAS GIVEN IT TO HIS DISTRICT MANAGER. SUPERVISOR HAFF SAID THAT THEY HAVE UNTIL 7/9/21 TO COMPLETE OR ELSE HE WILL CONTACT THE COUNTY TO PULL THE CERTIFICATE OF OCCUPANCY.

COUNTY INFO
SUPERVISOR HAFF SAID THAT THE ANNUAL WASHINGTON COUNTY MOWING CONTRACT NEEDS TO BE APPROVED FOR SIGNATURE.
RESOLUTION NO. 21115
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 AUTHORIZE GREG BROWN, HIGHWAY SUPERINTENDENT TO SIGN THE WASHINGTON COUNTY MOWING CONTRACT FOR REIMBURSEMENT FOR MOWING IN THE AMOUNT OF $2,724.65.

SWEZEY TRAILER VIOLATION
SUPERVISOR HAFF SAID THE TOWN BOARD HAD A SPECIAL MEETING ON MAY 31, 2021 TO DISCUSS LITIGATION REGARDING THE SWEZEY TRAILER VIOLATION. SUPERVISOR HAFF SAID THAT THE TRAILER WAS REMOVED FROM TOWN TODAY. HE SAID HE SENT 3 LEGAL DOCUMENTS TO THE TOWN BOARD. VERIFIED COMPLAINT, AFFIDAVIT OF MARK MILLER AND MEMORANDUM OF LAW. THE DOCUMENTS WERE SIGNED BUT CONDITIONS HAVE CHANGED SINCE THE TRAILER IS NO LONGER IN THE TOWN. SUPERVISOR HAFF SAID THAT WHAT HE WANTS MIKE BRANDI, ATTORNEY FOR THE TOWN, TO EDIT THE COMPLAINT. THE EXISTING PAPERWORK HAS 3 POINTS AS FOLLOWS:

1. AWARDING PLAINTIFF $37,000.00 PLUS THE ADDITIONAL SUM OF $500.00 FOR EACH DAY THAT DEFENDANT’S VIOLATION OF CHAPTER 79 OF THE HARTFORD TOWN CODE PERSISTS DURING THE PENDENCY OF THIS ACTION;
2. PERMANENTLY ENJOINING DEFENDANT FROM VIOLATING CHAPTER 79 OF THE HARTFORD TOWN CODE AND DIRECTING HIM TO REMOVE THE MOBILE HOME FROM HIS PROPERTY AT 301 GIBBS ROAD IN THE TOWN OF HARTFORD;
3. SUCH OTHER AND FURTHER RELIEF WHICH THE COURT DEEMS JUST AND PROPER.

SUPERVISOR HAFF SAID THAT THE SECOND CONDITION NO LONGER EXISTS AND WILL NEED TO BE EDITED BY THE ATTORNEY. WE THE PLAINTIFF WILL STILL SEEK MONETARY FEES OR FINES FROM HIS ACTION OF VIOLATING THE LAW. SUPERVISOR HAFF SAID THAT HE WILL REQUEST THE CHANGES TOMORROW, SIGN THE REVISED DOCUMENT AND STILL GO TO COURT FOR FINES. SUPERVISOR HAFF SAID THAT THE $37,000 IS THE MAXIMUM AMOUNT THAT THE TOWN CAN REQUEST AND IT IS A STARTING POINT. COUNCILWOMAN BEECHER SAID SHE SAW IT GOING BY HER HOUSE THIS MORNING AND SHE CALLED SUPERVISOR HAFF, TOWN CLERK DENISE PETTEYS AND MARK MILLER ENFORCEMENT OFFICER TO TELL THEM.

YOUTH COMMISSION APPOINTMENT
SUPERVISOR HAFF SAID THAT WE HAVE HAD 2 LONG STANDING VACANCIES FOR YOUTH COMMISSION ALTERNATES AND A RECENT RESIGNATION FOR FULL MEMBER. WE HAVE RECEIVED 3 APPLICANTS FOR THE POSITIONS.
RESOLUTION NO. 21116
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 APPOINT JR DEMARSH AS YOUTH COMMISSION ALTERNATE MEMBER FOR A TERM TO EXPIRE 12/31/21.
RESOLUTION NO. 21117
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 MOVE UP FROM ALTERNATE MEMBER AND APPOINT STEVEN ABBOTT AS FULL YOUTH COMMISSION MEMBER FOR A TERM TO EXPIRE 12/31/27.
RESOLUTION NO. 21118
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 APPOINT PEGGY LYNCH AS YOUTH COMMISSION ALTERNATE MEMBER THROUGH 12/31/21.

FERTILIZER (HUMAN) TRANSITING THROUGH HARTFORD
SUPERVISOR HAFF DISCUSSED THAT HUMAN DERIVED FERTILIZER IS BEING TRANSPORTED FROM A LOCATION IN KINGSBURY THROUGH THE TOWN OF HARTFORD TO RICHARD BURCH’S FARM IN FORT ANN. THERE HAS BEEN SOME CONCERN WITH THE ODOR FROM A 180 YARD PILE IN THE TOWN OF KINGSBURY. THE PILE WAS SUPPOSED TO BE PROMPTLY SPREAD OUT BUT IT WAS NOT SPREAD SO THE PILES STARTED TO RE-COMPOST CAUSING TERRIBLE ODOR. SUPERVISOR HAFF SAID THAT HE WAS INVOLVED IN ONE OF THE TRANSPORTS WITH KINGSBURY ENFORCEMENT OFFICER, TWO SHERIFF DEPUTIES, DEC OFFICER AND REPRESENTATIVE FROM CASSELLA ORGANICS. CASELLA CLAIMS THIS IS FULLY PERMITTED IN NYS AS A FERTILIZER. THERE WAS FURTHER DISCUSSION REGARDING THE INGREDIENT MAKEUP OF THIS ITEM AS WELL AS THE BEST HANDLING PRACTICES.

ENFORCEMENT OFFICER REPORT
MARK MILLER SAID THAT THE PROPERTY ON MAIN STREET TRAVIS OGDEN COUNTY VIOLATION IS BEING PROCESSED SINCE HE DIDN’T GET IT CLEANED UP BY THE DATE REQUIRED. DAVE LAPIER ON STATE ROUTE 196 IS STILL TRYING TO GET HIS PROPERTY CLEANED UP WITH A CURRENT COUNTY VIOLATION. DAVE LAPIER WAS BUILDING A GARAGE AND THE COUNTY ISSUED THEM TO STOP BUILDING UNTIL THEY OBTAIN A BUILDING PERMIT. MARK SAID THAT HE CANNOT SIGN A BUILDING PERMIT LRCC1 FOR A PROPERTY THAT HAS A STANDING COUNTY VIOLATION. MARK SAID THAT HE IS KEEPING TRACK OF THE DOLLAR GENERAL PROGRESS. HE SAID THAT THERE IS NOW A WELL DUN DEPARTMENT OF HEALTH APPROVED WELL CASING IN PLACE. HE SAID THAT DOLLAR GENERAL IS IN PROCESS OF INSTALLING THE REQUIRED FENCING. HE ALSO DISCUSSED THAT DOLLAR GENERAL NEEDS TO INSTALL THE GUARD RAILS ALONG ROWE HILL. MARK SAID THAT HE SPOKE TO HARRY RESINKO WHO BOUGHT THE ELDRIDGE LANE PORTION OF THE GUN REALTY/ LAVIN FARM PROPERTY. HE IS INTERESTED IN INSTALLING 3 AMISH SHEDS TO BE USED AS CABINS. MARK SAID THAT HE SPOKE WITH MIKE SWEZEY TO SEE IF THERE WAS ANY LOCAL PLANNING RESTRICTIONS – NONE WERE
JUNE 8, 2021 REGULAR MEETING PG. 4 OF 4

RECOMMENDED. MARK SAID THE SHEDS WERE LARGE ENOUGH TO REQUIRE COUNTY BUILDING PERMITS. MARK SAID THAT HE HAS BEEN IN CONTACT WITH MIKE BRANDI, ATTORNEY FOR THE TOWN, REGARDING THE DAVID SWEZEY TRAILER VIOLATION. MARK DISCUSSED THE LAW VIOLATION REQUIREMENTS AS WELL AS PHONE LOG DATE DISCREPANCIES. MARK SAID THAT JONATHAN COMBS AND JAIME RODD WHO BUILT THE SHED ON STATE ROUTE 149 – THE COUNTY IS GOING TO FILE AGAINST THEM FOR LACK OF BUILDING PERMIT AND TO CLEAN UP THE MESS. THE COUNTY WILL BE ADVISING THEM REQUIREMENTS FOR A SEPTIC SYSTEM AS WELL AS THE PROPERTY BEING LOCATED IN A FLOOD ZONE. THERE WAS FURTHER DISCUSSION REGARDING THE FERTILIZER ISSUE. THERE WAS DISCUSSION REGARDING THE LEOMBRUNO PROPERTY ON COUNTY ROUTE 19 – HE SAID THAT THE COUNTY WAS GOING TO MEET WITH THE OWNER AND DO AN INSPECTION.
RESOLUTION NO. 21119
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 ENFORCEMENT OFFICER REPORT BE ACCEPTED.

COURT REPORT
SUPERVISOR HAFF SUMMARIZED THE COURT REPORT.
RESOLUTION NO. 21120
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.

MEMORIAL DAY PARADE
SUPERVISOR HAFF SAID THAT IT WAS A VERY SUCCESSFUL WELL ATTENDED PARADE. HE THOUGHT THAT THERE WERE AT LEAST 2000 SPECTATORS.

ON MOTION OF SUPERVISOR HAFF, 2ND BY COUNCILWOMAN BEECHER THE MEETING WAS ADJOURNED AT
8:35 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