A SPECIAL TOWN BOARD MEETING WAS HELD ON FRIDAY, JUNE 21, 2019 AT THE TOWN HALL COMMENCING AT 2:00 P.M.
PRESENT
DANA HAFF, SUPERVISOR
BARBARA BEECHER, COUNCILWOMAN
ROBERT DILLON, COUNCILMAN
ABSENT
GARY BURCH SR., COUNCILMAN
ELIZABETH FOOTE, COUNCILWOMAN
ALSO PRESENT
DENISE PETTEYS, RMC TOWN CLERK
MARK MILLER, ENFORCEMENT OFFICER
JEFF MEYER, ATTORNEY FOR THE TOWN
SUPERVISOR HAFF CALLED THE MEETING TO ORDER AT 2:10 P.M.
PLEDGE
TOWN BOARD ROLL CALL WAS MADE WITH BURCH AND FOOTE ABSENT.
EXECUTIVE SESSION
RESOLUTION NO. 19123
ON MOTION OF SUPERVISOR HAFF, 2ND BY COUNCILWOMAN BEECHER, THE FOLLOWING RESOLUTION WAS ADOPTED 3 AYES, 0 NAYS, 2 ABSENT (BURCH, FOOTE). VOTING AYE, BEECHER, DILLON AND HAFF.
RESOLVED TO ENTER INTO EXECUTIVE SESSION AT 2:11 PM TO DISCUSS LITIGATION.
REGULAR SESSION
RESOLUTION NO. 19124
ON MOTION OF SUPERVISOR HAFF, 2ND BY COUNCILWOMAN BEECHER, THE FOLLOWING RESOLUTION WAS ADOPTED 3 AYES, 0 NAYS, 2 ABSENT (BURCH, FOOTE). VOTING AYE, BEECHER, DILLON AND HAFF.
RESOLVED TO ENTER INTO REGULAR SESSION AT 2:17 PM.
RESOLUTION AUTHORIZING THE STIPULATION AGREEMENT BETWEEN THE TOWN OF HARTFORD AND CHARLES W. AND LOIS F. POTTER
RESOLUTION NO. 19125
ON MOTION OF SUPERVISOR HAFF, 2ND BY COUNCILWOMAN BEECHER, THE FOLLOWING RESOLUTION WAS ADOPTED 3 AYES, 0 NAYS, 2 ABSENT (BURCH, FOOTE). VOTING AYE, BEECHER, DILLON AND HAFF.
BE IT RESOLVED BY THE TOWN BOARD OF THE TOWN OF HARTFORD, IN THE COUNTY OF WASHINGTON, ON THIS 21ST DAY OF JUNE, 2019, AS FOLLOWS:
WHEREAS, PURSUANT TO THE AUTHORITY GRANTED IN MUNICIPAL HOME RULE LAW §10, ARTICLES 24 AND 27 OF THE NYS ENVIRONMENTAL CONSERVATION LAW, AND CHAPTER 71 OF THE CODE OF THE TOWN OF HARTFORD, THE TOWN OF HARTFORD HAS THE AUTHORITY TO REGULATE WASTE DISPOSAL AREAS COMMONLY KNOWN AS LANDFILLS AND TO PROHIBIT THE DUMPING OF ANY WASTE IN THE TOWN OF HARTFORD (THE “TOWN”); AND
WHEREAS, ACTING PURSUANT TO THIS AUTHORITY, THE TOWN ENFORCEMENT OFFICER HAS CAUSED TO BE INSPECTED THE PROPERTY LOCATED AT 77 NORTHRUP LANE, TOWN OF HARTFORD, TAX ID NUMBER 131.-1-4 (THE “PREMISES”), OWNED BY CHARLES W. POTTER AND LOIS F. POTTER AND FOUND ANIMAL CARCASSES DISPOSED AND BURIED ON THE SITE; AND
JUNE 21, 2019 SPECIAL MEETING PG. 2 OF 2
WHEREAS, BY RESOLUTION OF THE TOWN BOARD ON APRIL 9, 2019, THE TOWN BOARD FOUND THAT SPECIAL WASTES IN THE FORM OF ANIMAL CARCASSES HAVE BEEN DISPOSED OF AND BURIED AT 77 NORTHRUP LANE, TOWN OF HARTFORD, TAX ID NUMBER 131.-1-4, WHICH THE TOWN BOARD FOUND IS DANGEROUS AND UNSAFE TO THE PUBLIC; AND
WHEREAS, CHARLES W. POTTER, LOIS F. POTTER, PURSUANT TO THE AFOREMENTIONED RESOLUTION, WERE ORDERED TO REMOVE ALL SPECIAL WASTE, INCLUDING BUT NOT LIMITED TO, ANIMAL CARCASSES, AND/OR ANY SOLID, LIQUID OR GASEOUS MATTER GENERATED FROM THE DESTRUCTION, INCINERATION, DISPOSAL OR PROCESSING OF ANIMAL CARCASSES ON THE PREMISES AND TO DISPOSE OF SAME AT A TRANSFER STATION OR OTHER SUITABLE AND LICENSED LAND FILL OR TRASH RECEIVING; AND
WHEREAS, IN THE INTEREST OF PUBLIC HEALTH, THE PARTIES HAVE AGREED TO DISPOSE OF THE SPECIAL WASTES ON SITE IN ACCORDANCE WITH THE STATUTORY REQUIREMENTS OF NYS AGRICULTURE AND MARKETS LAW SUBJECT TO CERTAIN CONDITIONS; AND
WHEREAS, IN ORDER TO RESOLVE THESE MATTERS AND AVOID THE COST OF LITIGATION, THE PARTIES HAVE REACHED AN AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF.
NOW, THEREFORE BE IT
RESOLVED, THE TOWN BOARD, UPON DUE DELIBERATION OF THE PROPOSED STIPULATION AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, FINDS THAT IT IS IN THE BEST INTERESTS OF THE RESIDENTS OF THE TOWN OF HARTFORD TO APPROVE AND ENTER INTO THE STIPULATION AGREEMENT; AND BE IT FURTHER
RESOLVED, THE TOWN SUPERVISOR SHALL HAVE THE AUTHORITY TO EXECUTE THE STIPULATION AGREEMENT; AND BE IT FURTHER
RESOLVED, THIS RESOLUTION SHALL TAKE EFFECT IMMEDIATELY.
ON MOTION OF SUPERVISOR HAFF, 2ND BY COUNCILMAN DILLON THE MEETING WAS ADJOURNED AT 2:20 P.M.
RESPECTFULLY SUBMITTED, ________________________DENISE PETTEYS, RMC TOWN CLERK
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SUPERVISOR HAFF COUNCILWOMAN BEECHER
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COUNCILMAN DILLON