A SPECIAL TOWN BOARD MEETING WAS HELD ON TUESDAY, MAY 21, 2019 AT THE TOWN HALL COMMENCING AT 7:00 P.M.
PRESENT
DANA HAFF, SUPERVISOR
BARBARA BEECHER, COUNCILWOMAN
GARY BURCH SR., COUNCILMAN
ROBERT DILLON, COUNCILMAN
ELIZABETH FOOTE, COUNCILWOMAN
ALSO PRESENT
DENISE PETTEYS, RMC TOWN CLERK
GREG BROWN, HIGHWAY SUPERINTENDENT
JEFF MEYER, ATTORNEY FOR THE TOWN
AUDIT
SUPERVISOR HAFF CALLED THE MEETING TO ORDER AT 7:00 P.M.
PLEDGE
TOWN BOARD ROLL CALL WAS MADE WITH ALL MEMBERS PRESENT.
EXECUTIVE SESSION
RESOLUTION NO. 19100
ON MOTION OF SUPERVISOR HAFF, 2ND BY COUNCILMAN DILLON, THE FOLLOWING RESOLUTION WAS ADOPTED 5 AYES, 0 NAYS. VOTING AYE, COUNCILWOMAN BEECHER, COUNCILMAN BURCH, COUNCILMAN DILLON, COUNCILWOMAN FOOTE, AND SUPERVISOR HAFF.
RESOLVED TO ENTER INTO EXECUTIVE SESSION AT 7:02 PM TO DISCUSS LITIGATION.
REGULAR SESSION
RESOLUTION NO. 19101
ON MOTION OF COUNCILMAN DILLON, 2ND BY COUNCILWOMAN FOOTE, THE FOLLOWING RESOLUTION WAS ADOPTED 5 AYES, 0 NAYS. VOTING AYE, COUNCILWOMAN BEECHER, COUNCILMAN BURCH, COUNCILMAN DILLON, COUNCILWOMAN FOOTE, AND SUPERVISOR HAFF.
RESOLVED TO ENTER INTO REGULAR SESSION AT 8:16 PM.
VIOLATION AND REMEDY OF TOWN LANDFILL LAW AND SITE PLAN REVIEW LAW AGAINST CHARLIE AND LOIS POTTER – STIPULATION
RESOLUTION NO. 19102
ON MOTION OF SUPERVISOR HAFF, 2ND BY COUNCILMAN DILLON, THE FOLLOWING RESOLUTION WAS ADOPTED 5 AYES, 0 NAYS. VOTING AYE, COUNCILWOMAN BEECHER COUNCILMAN BURCH, COUNCILMAN DILLON, COUNCILWOMAN FOOTE AND SUPERVISOR HAFF.
THE TOWN OF HARTFORD WILL SETTLE THE MATTER AGAINST CHARLES AND LOIS POTTER, SUBJECT TO THE PREPARATION OF A FORMAL SETTLEMENT AGREEMENT, WHICH WILL INCLUDE THE FOLLOWING TERMS:
- CHARLES W. POTTER AND LOIS F. POTTER SHALL PAY TO THE TOWN OF HARTFORD A PENALTY IN THE SUM OF FIVE THOUSAND DOLLARS ($5,000.00) BY MAY 24, 2019.
- CHARLES W. POTTER AND LOIS F. POTTER SHALL HAVE AN ADDITIONAL FINE OF THIRTY THOUSAND DOLLARS ($30,000.00), WHICH SHALL BE SUSPENDED SO LONG AS THEY COMPLY WITH THE TERMS OF THE AGREEMENT FOR FIFTEEN (15) YEARS.
- CHARLES W. POTTER AND LOIS F. POTTER SHALL NOT ACCEPT OR DISPOSE OF ANY ANIMAL CARCASSES ON THE PREMISES.
- ALL ANIMAL CARCASSES AND/OR SPECIAL WASTES PRESENTLY LOCATED ON THE PREMISES SHALL BE BURIED AT LEAST THREE (3) FEET BELOW THE SURFACE OF THE GROUND ON OR BEFORE MAY 31, 2019. ALL ANIMAL CARCASSES AND/OR SPECIAL WASTES SHALL BE COVERED WITH NO LESS THAN THREE (3) FEET OF SOIL. UPON COMPLETION OF THE BURIAL, THE AREA SHALL BE SEEDED WITH VEGETATION AND SHALL NOT BE DISTURBED FOR A TERM OF FIFTEEN (15) YEARS.
- THE PROPER BURIAL OF THE ANIMAL CARCASSES AND SPECIAL WASTES SHALL BE CONFIRMED BY THE TOWN ENFORCEMENT OFFICER AND A REPRESENTATIVE OF NYS AGRICULTURE AND MARKETS.
- THE TOWN ENFORCEMENT OFFICER SHALL HAVE THE RIGHT TO ACCESS AND MONITOR THE SITE WITHOUT NOTICE TO ENSURE COMPLIANCE.
- VIOLATIONS OF THIS AGREEMENT SHALL MAKE THE SUSPENDED PENALTY IMMEDIATE DUE AND PAYABLE TO THE TOWN. THE TOWN SHALL BE ENTITLED TO RECOVER ALL COSTS OF ENFORCING THIS AGREEMENT, INCLUDING REASONABLE ATTORNEYS FEES.
- THE AGREEMENT WILL BE IN COMPLETE SETTLEMENT OF THE NOTICES OF VIOLATION AND TOWN BOARD ORDER DATED APRIL 9, 2019.
- THE FINAL AGREEMENT SHALL BE RECORDED IN THE COUNTY CLERK’S OFFICE AND RUN WITH THE LAND FOR A TERM OF FIFTEEN YEARS.
- THE FINAL AGREEMENT SHALL BE ENTERED INTO BY MAY 24, 2019.
ON MOTION OF SUPERVISOR HAFF, 2ND BY COUNCILMAN DILLON THE MEETING WAS ADJOURNED AT 8:19 P.M.
RESPECTFULLY SUBMITTED, ________________________DENISE PETTEYS, RMC TOWN CLERK
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SUPERVISOR HAFF COUNCILWOMAN BEECHER
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COUNCILWOMAN FOOTE COUNCILMAN DILLON
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COUNCILMAN BURCH