A SPECIAL TOWN BOARD MEETING WAS HELD ON MONDAY, NOVEMBER 26, 2012 AT THE TOWN HALL COMMENCING AT 7:00 P.M.
PRESENT
DANA HAFF, SUPERVISOR
BARBARA BEECHER, COUNCILWOMAN
ELIZABETH FOOTE, COUNCILWOMAN
HENRY GALLINARI, COUNCILMAN
KEVIN MCCARTHY, APPOINTED COUNCILMAN
ALSO PRESENT
DENISE PETTEYS, RMC TOWN CLERK
GREGORY BROWN, HIGHWAY SUPERINTENDENT
MARK MILLER, ENFORCEMENT OFFICER
JEFF MEYER, ATTORNEY FOR THE TOWN
SUPERVISOR HAFF CALLED THE MEETING TO ORDER AT 7:00 P.M.
PLEDGE
SUPERVISOR HAFF EXPLAINED THE PURPOSE OF THE SPECIAL MEETING WAS TO DISCUSS THE GILCHRIST HILL ROAD ALTERATIONS AND HAVE MR. RICHARD C. BAKER SIGN THE RELEASE OF DAMAGES SO THE ROAD CAN BE REOPENED.
SUPERINTENDENT OF HIGHWAYS, TOWN OF HARTFORD
COUNTY OF WASHINGTON, STATE OF NEW YORK
APPLICATION FOR THE ALTERATION OF A NEW HIGHWAY
BE IT PROPOSED BY THE SUPERINTENDENT OF HIGHWAYS THE APPLICATION FOR THE ALTERATION OF A HIGHWAY AS FOLLOWS:
SECTION 1. JURISDICTION.
A. PURSUANT TO HIGHWAY LAW §171, THE TOWN SUPERINTENDENT OF HIGHWAYS (THE “SUPERINTENDENT”) HAS DETERMINED THAT PUBLIC NECESSITY REQUIRES THE ALTERATION OF GILCHRIST HILL ROAD.
B. THE ALTERED HIGHWAY WILL IMPROVE THE EXISTING GILCHRIST HILL ROAD AND PROVIDE FOR A SAFER ROUTE OF TRAVEL.
SECTION 2. ACQUISITION MAP.
A. THE ACQUISITION MAP DELINEATING THE RIGHT OF WAY, TOGETHER WITH A DESCRIPTION OF THE LANDS TO BE ENCUMBERED BY THE RIGHT OF WAY HAS BEEN PREPARED FOR THE APPLICATION.
B. A COPY OF SAID ACQUISITION MAP IS ATTACHED HERETO FOR SUBMISSION.
SECTION 3. REQUEST FOR DEDICATION.
A. RICHARD C. BAKER, THE LANDOWNER OF RECORD FOR THE LANDS ON WHICH THE RIGHT OF WAY IS BEING ACQUIRED AGREED TO DEDICATE THE HIGHWAY. AS CONSIDERATION FOR THE GRANTING OF THE RIGHT OF WAY, THE HIGHWAY DEPARTMENT WILL CONSTRUCT TWO DRIVEWAY ACCESS POINTS ONTO THE HIGHWAY AS ALTERED.
SECTION 4. SEQR.
- THE PROPOSED ALTERATION IS AN ACTION UNDER THE NEW YORK STATE ENVIRONMENTAL QUALITY REVIEW ACT (SEQRA). THE PROPOSED ACTION IS AN UNLISTED ACTION UNDER SEQRA, AND THE SUPERINTENDENT DECLARES ITSELF TO BE LEAD AGENCY FOR SEQRA REVIEW OF THE ACTION. THERE ARE NO OTHER INVOLVED AGENCIES AND THE UNDERSIGNED WILL EVALUATE THE POTENTIAL ENVIRONMENTAL IMPACTS OF THE ACTION IN ACCORDANCE WITH SEQRA PRIOR TO TAKING FINAL ACTION ON THE ALTERATION.
SECTION 5. REQUEST FOR PERMISSION.
- THIS APPLICATION IS SUBMITTED TO THE TOWN BOARD FOR PERMISSION TO INSTITUTE A PROCEEDING TO ALTER THE HIGHWAY AND ACQUIRE A RIGHT OF WAY ACROSS THE LAND HAS BEEN DEEMED NECESSARY FOR THE ALTERATION OF THE HIGHWAY IN ACCORDANCE WITH HIGHWAY LAW §171.
DATE: NOVEMBER 26, 2012
_____________________________
GREGORY BROWN, SUPERINTENDENT OF HIGHWAYS
TOWN OF HARTFORD
NOVEMBER 26, 2012 SPECIAL TOWN BOARD MEETING PG. 2 OF 4
RESOLUTION APPROVING THE ALTERATION OF A HIGHWAY IN ACCORDANCE WITH HIGHWAY LAW §171
RESOLUTION NO. 12281
ON MOTION OF SUPERVISOR HAFF, 2ND BY COUNCILMAN MCCARTHY, THE FOLLOWING RESOLUTION WAS ADOPTED 5 AYES, 0 NAYS. VOTING AYE, SUPERVISOR HAFF, COUNCILWOMAN BEECHER, COUNCILWOMAN FOOTE, COUNCILMAN GALLINARI AND COUNCILMAN MCCARTHY.
WHEREAS, PURSUANT TO HIGHWAY LAW §171, THE TOWN SUPERINTENDENT OF HIGHWAYS (THE “SUPERINTENDENT”) HAS DETERMINED THAT PUBLIC NECESSITY REQUIRES THE ALTERATION OF A HIGHWAY; AND
WHEREAS, THE ALTERED HIGHWAY WILL IMPROVE PUBLIC SAFETY ALONG GILCHRIST HILL ROAD BY IMPROVING THE GRADE AND STRAIGHTENING A PORTION OF THE HIGHWAY; AND
WHEREAS, THE ACQUISITION MAP DELINEATING THE RIGHT OF WAY, TOGETHER WITH A DESCRIPTION OF THE LANDS TO BE ENCUMBERED BY THE RIGHT OF WAY HAS BEEN PREPARED AND SUBMITTED WITH THE APPLICATION; AND
WHEREAS, THE ALTERATION OF THE HIGHWAY IS BEING COMPLETED BY THE SUPERINTENDENT OF HIGHWAYS AND THEREFORE DOES NOT CONSTITUTE A SUBDIVISION OF THE LANDS OF RICHARD C. BAKER, AND ANY CONVEYANCE OF THE PROPERTY TO THE EAST OF THE HIGHWAY, AS ALTERED, IS SIMILARLY EXEMPT AS A MUNICIPAL ACTION; AND
WHEREAS, AS CONSIDERATION FOR THE GRANTING OF THE RIGHT OF WAY, THE HIGHWAY DEPARTMENT WILL CONSTRUCT TWO DRIVEWAY ACCESS POINTS ONTO THE HIGHWAY AS ALTERED.
WHEREAS, THE PROPOSED ALTERATION IS AN ACTION UNDER THE NEW YORK STATE ENVIRONMENTAL QUALITY REVIEW ACT (SEQRA); THE PROPOSED ACTION IS AN UNLISTED ACTION UNDER SEQRA, AND THE SUPERINTENDENT HAVING PREVIOUSLY DECLARED ITSELF TO BE LEAD AGENCY FOR SEQRA REVIEW OF THE ACTION WILL EVALUATE THE POTENTIAL ENVIRONMENTAL IMPACTS OF THE ACTION IN ACCORDANCE WITH SEQRA PRIOR TO TAKING FINAL ACTION ON THE ALTERATION.
NOW, THEREFORE BE IT RESOLVED THAT:
SECTION 1. THE APPLICATION FOR THE ALTERING OF GILCHRIST HILL ROAD AS PROPOSED IS TO BE INCLUDED IN THE MINUTES HEREWITH.
SECTION 2. UPON DUE CONSIDERATION, THE TOWN BOARD HEREBY GRANTS PERMISSION TO THE SUPERINTENDENT TO PROCEED WITH THE PROCEDURES REQUIRED UNDER §171 OF THE HIGHWAY LAW OF THE STATE OF NEW YORK.
SECTION 3. THIS RESOLUTION SHALL TAKE EFFECT IMMEDIATELY.
THERE WAS DISCUSSION REGARDING THE LEGALITY OF THE ACTION OF ALTERING THE ROAD BY THE TOWN. JEFF MEYER, ATTORNEY FOR THE TOWN SAID THIS PAPERWORK TONIGHT IS MORE A FORMALITY SINCE MR. BAKER DID IN FACT SIGN THE HIGHWAY CONSTRUCTION AGREEMENT EASEMENT ON JUNE 6, 2012. SUPERVISOR HAFF SAID THAT THIS MEETING WAS SCHEDULED WITH THE IDEA THAT MR. BAKER WOULD ATTEND AND SPEAK TO THE BOARD. THE LANGUAGE IN THE AGREEMENT STATING THAT IT WOULD NOT CONSTITUTE A SUBDIVISION OF HIS LAND WAS TO ACCOMMODATE MR. BAKER. COUNCILWOMAN BEECHER SAID THAT GREG BROWN HAS WORKED ON MR. BAKER’S NEW DRIVEWAYS SEVERAL TIMES – WHAT IF MR. BAKER PROTESTS AND SAYS THEY ARE NOT SATISFACTORY? JEFF MEYER SAID THEY HAVE DONE WORK A LITTLE OUT OF ORDER BUT IT IS EASY TO PROVE THAT MR. BAKER RECEIVED A BENEFIT IN EXCHANGE FOR THE CONVEYANCE OF A RIGHT AWAY FOR THE ROAD ACROSS HIS PROPERTY. IF MR. BAKER CHOOSES TO SUBDIVIDE IN THE FUTURE THE PLANNING BOARD WILL NOT NECESSARILY HAVE TO ACCEPT THE DRIVEWAYS. JEFF MEYER SAID THAT SUPERVISOR HAFF, SUPERINTENDENT OF HIGHWAYS GREG BROWN AND HIMSELF DISCUSSED THIS ISSUE WITH MR. BAKER AND HE DID NOT CHOSE TO SUBDIVIDE AT THE SAME TIME AS THIS PROCEDURE IS BEING COMPLETED AND FILED. SO HE WOULD BE SUBJECT TO PLANNING BOARD REVIEW IN THE FUTURE. JEFF MEYER EXPLAINED THAT THE REASON THE DRIVEWAYS AND SUBDIVISION LANGUAGE APPEAR IN THE AGREEMENT WAS BECAUSE MR. BAKER WAS CONCERNED IF HIS LAND TO THE EAST OF THE ROAD WAS CONSIDERED A SUBDIVISION IT COULD TRIGGER A MAJOR SUBDIVISION APPLICATION IF HE CHOOSES TO SUBDIVIDE THE WESTERN SIDE OF THE PROPERTY. IT HAS NOTHING TO DO WITH THE GRADE OR CONSTRUCTION OF THE DRIVEWAYS. JEFF SAID THAT THE HIGHWAY DEPARTMENT, THE FIRE COMPANY AND MR. BAKER HAVE ALL AGREED AT THIS TIME THAT THE DRIVEWAYS ARE SAFE. GREG BROWN SAID THAT HE TRIED TO REMIND HIM ABOUT THIS MEETING TODAY. GREG SAID HE RECEIVED A VOICE MAIL FROM MR. BAKER THAT HE WAS NOT GOING TO ATTEND TONIGHT BUT TO GET EVERYTHING DONE AND LET HIM KNOW WHEN HE COULD GO TO JEFF MEYER’S OFFICE AND HE WILL SIGN WHATEVER NEEDED TO BE SIGNED. GREG BROWN SAID THAT HE RECEIVED A LETTER OF SUPPORT FROM THE FIRE COMPANY STATING THAT THE DRIVEWAYS WERE ADEQUATE FOR THEM TO PROVIDE FIRE PROTECTION. SUPERVISOR HAFF SAID THAT THE TOWN BOARD CANNOT ASSUME WHAT MR. BAKER WILL WANT TO DO IN THE FUTURE, THIS RESOLUTION JUST SAYS WHATEVER HE DOES, HE WILL NOT BE HINDERED BY THIS SEPARATION OF LAND TO THE NORTHEAST OF THE CURRENT ROAD.
NOVEMBER 26, 2012 SPECIAL TOWN BOARD MEETING PG. 3 OF 4
SUPERVISOR HAFF SAID THAT THE TWO RELEASE OF DAMAGES DOCUMENTS WILL NEED TO BE SIGNED BY MR. BAKER AT JEFF MEYER’S OFFICE. JEFF MEYER SAID THAT THESE RELEASES ARE SUPPOSED TO BE OBTAINED BY THE HIGHWAY SUPERINTENDENT FROM THE ADJOINING PROPERTY OWNERS WHEN ALTERING, DISCONTINUING, OR CREATING A HIGHWAY. THERE ARE TWO SEPARATE RELEASES – ONE IS FOR THE ALTERATION AND THE OTHER IS FOR THE DISCONTINUANCE FOR THE OLD PORTION OF THE ROAD. THE TOWN WILL NEED TO ABANDON THE OLD PORTION IN THE FUTURE ALSO. SEQRA WAS SIGNED BY GREG BROWN, HIGHWAY SUPERINTENDENT AND GIVEN TO THE TOWN CLERK FOR THE RECORD.
SUPERINTENDENT OF HIGHWAYS, TOWN OF HARTFORD
COUNTY OF WASHINGTON, STATE OF NEW YORK
ORDER OF SUPERINTENDENT OF HIGHWAYS
– – – – – – – – – – – – – – –
……………………………….)
STATE OF NEW YORK )
……………………………….) ORDER
……………………………….) ALTERING
……………………………….) A PORTION OF
COUNTY OF WASHINGTON) GILCHRIST HILL ROAD
……………………………….)
– – – – – – – – – – – – – – – –
PURSUANT TO SECTION 171 OF THE HIGHWAY LAW THE TOWN HIGHWAY SUPERINTENDENT (THE “SUPERINTENDENT”) HAS DETERMINED THAT A CERTAIN PORTION OF GILCHRIST HILL ROAD SHOULD BE ALTERED FROM WHEN IT WAS ORIGINALLY LAID OUT. THE PORTION TO BE RE-ALIGNED, BEING APPROXIMATELY EIGHT HUNDRED ELEVEN (811) FEET IN LENGTH BEGINNING AT EIGHTY-FOUR (84) FEET FROM THE INTERSECTION OF GILCHRIST HILL ROAD AND MARLBORO COUNTRY ROAD AND EXTENDING NORTH THERE FROM, ACROSS THE PROPERTY OF RICHARD C. BAKER. THE TOWN BOARD HAS CONSENTED TO THE APPLICATION AND APPROVED THE ALTERATION. THE SIGNED RELEASE FROM THE OWNER OF THE ABUTTING LAND APPROVING THE ALTERATION OF SAID PORTION OF GILCHRIST HILL ROAD AND RELEASING THE TOWN FROM ALL DAMAGES HAS BEEN SUBMITTED TO THE SUPERINTENDENT, AND IS ATTACHED HERETO.
IT IS HEREBY ORDERED, PURSUANT TO SECTION 171 OF THE NEW YORK STATE HIGHWAY LAW, THAT PORTION OF GILCHRIST HILL ROAD, BE ALTERED; AND BE IT FURTHER,
ORDERED, THE REVIEW OF THE ALTERATION OF THE HIGHWAY IS AN ACTION UNDER THE STATE ENVIRONMENTAL QUALITY REVIEW ACT (SEQRA). THE SUPERINTENDENT OF HIGHWAYS HAVING FOUND THIS ACTION TO BE AN UNLISTED ACTION UNDER SEQRA. AFTER REVIEWING THE SHORT ENVIRONMENTAL
ASSESSMENT FORM (EAF) AND TAKING A HARD LOOK AT THE POTENTIAL ENVIRONMENTAL IMPACTS OF ALTERING THE HIGHWAY, THE SUPERINTENDENT OF HIGHWAYS FINDS THAT THE ALTERATION WILL NOT HAVE A SIGNIFICANT ADVERSE IMPACT ON THE ENVIRONMENT. THE SUPERINTENDENT OF HIGHWAYS HAS ISSUED A NEGATIVE DECLARATION AND HAS EXECUTED THE EAF ACCORDINGLY. THE COMPLETED EAF IS ATTACHED HERETO.
ORDERED, PURSUANT TO SECTION 171 OF THE NEW YORK STATE HIGHWAY LAW, THE TOWN CLERK IS HEREBY DIRECTED TO CAUSE THIS ORDER, THE FULLY EXECUTED EAF AND THE DOCUMENTS ASSOCIATED WITH THE DISCONTINUANCE, BE DULY FILED AND RECORDED IN THE OFFICE OF THE TOWN CLERK AS WELL AS THE OFFICE OF THE WASHINGTON COUNTY CLERK.
DATED: ____________
GREGORY BROWN, SUPERINTENDENT OF HIGHWAYS
TOWN OF HARTFORD
{SEAL}
_________________________
DENISE PETTEYS, TOWN CLERK
TOWN OF HARTFORD
NOVEMBER 26, 2012 SPECIAL TOWN BOARD MEETING PG. 4 OF 4
MARK MILLER DISCUSSED THAT HE DID THE FINAL INSPECTION ON THE WENDY COLUMBETTI MOBILE HOME ON BALDWIN CORNERS HOME. HE SAID THAT THE OLD TRAILER HAS BEEN REMOVED, THE NEW ONE HAS BEEN INSTALLED AND EVERYTHING IS COMPLETE.
AUTHORIZATION TO ISSUE FINAL MOBILE HOME PERMIT – WENDY COLUMBETTI
RESOLUTION NO. 12282
ON MOTION OF SUPERVISOR HAFF, 2ND BY COUNCILWOMAN BEECHER THE FOLLOWING RESOLUTION WAS ADOPTED 5 AYES, 0 NAYS. VOTING AYE – SUPERVISOR HAFF, COUNCILWOMAN BEECHER, COUNCILWOMAN FOOTE, COUNCILMAN GALLINARI AND COUNCILMAN MCCARTHY.
RESOLVED THE ENFORCEMENT OFFICER BE AUTHORIZED TO ISSUE THE FINAL MOBILE HOME PERMIT TO WENDY COLUMBETTI/SCOTT MATTISON FOR THEIR MOBILE HOME ON BALDWIN CORNERS ROAD.
BILL KNAPP MOBILE HOME
MARK SAID THAT HE WENT DOWN COUNTRY LANE AND THE BILL KNAPP MOBILE HOME HAS BEEN MOVED AND HE IS IN PROCESS OF INSTALLING THE CONCRETE PAD FOR THE REPLACEMENT MOBILE HOME. MARK SAID THAT HE DISCUSSED WITH MR. KNAPP THE OTHER ITEMS THAT ARE OUTSTANDING BASED ON THE TOWN BOARD 2006 DECISION. MARK SAID THAT MR. KNAPP FILED THE RECENT MYLAR AT THE COUNTY FOR THE 1 ACRE REQUIREMENT. THE NEW WELL CONNECTION HAS BEEN MADE TO HIS DAUGHTER’S TRAILER. MARK SAID THAT SINCE THESE TWO ITEMS HAVE BEEN COMPLETED – HE CONTACTED THE COUNTY SO THAT MR. KNAPP CAN PROCEED WITH HIS BUILDING PERMIT FOR THE MOBILE HOME PAD. THERE WAS DISCUSSION THAT ANY PROPERTY CHANGE MYLAR THAT IS FILED WITH THE COUNTY WILL NOT BE UPDATED UNLESS THE PROPERTY TAXES ARE PAID CURRENT ON MARCH 1 OF ANY GIVEN YEAR. COUNCILWOMAN BEECHER SAID THAT THIS WORK COULD ALL BE DONE AND THE TAXES MAY NOT BE CURRENT ON MARCH 1, SO THE 1 ACRE LAND REQUIREMENT FILED MYLAR MAY NOT BE VALID AND IN VIOLATION OF THE MOBILE HOME LAW. THERE WAS DISCUSSION WHEN THE PUBLIC HEARING SHOULD BE SET FOR THE NEW MOBILE HOME TO COME INTO TOWN. SUPERVISOR HAFF SAID THAT NO PUBLIC HEARING SHOULD BE SET UNTIL ALL REQUIREMENTS ARE MET. MARK SAID THAT THE OLD MOBILE HOME HAS BEEN MOVED ONTO HIS OTHER 10 ACRE PARCEL – MARK SAID THAT HE WILL SEND MR. KNAPP A LETTER REQUESTING THE OLD MOBILE HOME BE REMOVED FROM TOWN.
MARK SAID THAT FRANK MCFARREN HAS FINALLY OBTAINED AN ACCEPTABLE WATER TEST. MARK SUGGESTED THAT THE TOWN BOARD ACTING IN THE SPIRIT OF PUBLIC HEALTH & SAFETY, VOTE TO GIVE THE FINAL PERMIT WITH STIPULATION THAT A FOLLOW UP WATER TEST BE DONE IN THREE MONTHS TO MAKE SURE THAT IT IS STILL ACCEPTABLE. HE FEELS THAT WOULD BE A GOOD IDEA SINCE THE WATER TEST HAS BEEN SUCH AN ISSUE WITH 3 TESTS TO GET A CLEAR TEST. THERE WAS FURTHER DISCUSSION REGARDING THE PROBLEM WITH THE WATER POSSIBLY BEING RELATED TO THE AQUIFER.
AUTHORIZATION TO ISSUE FINAL MOBILE HOME PERMIT – FRANK MCFARREN
RESOLUTION NO. 12283
ON MOTION OF SUPERVISOR HAFF, 2ND BY COUNCILWOMAN FOOTE, THE FOLLOWING RESOLUTION WAS ADOPTED 5 AYES, 0 NAYS. VOTING AYE – SUPERVISOR HAFF, COUNCILWOMAN BEECHER, COUNCILWOMAN FOOTE, COUNCILMAN GALLINARI AND COUNCILMAN MCCARTHY.
RESOLVED THE ENFORCEMENT OFFICER BE AUTHORIZED TO ISSUE THE FINAL MOBILE HOME PERMIT TO FRANK MCFARREN FOR A MOBILE HOME AT 81 ROJCEWICZ LANE WITH STIPULATION THAT IN 3 MONTHS ANOTHER WATER TEST BE COMPLETED.
MARK SAID THAT HE RODE WITH SANDRA FOLEY TO BOB YANDO 23 DEER RUN – HE NEVER OBTAINED A BUILDING PERMIT. THEY VISITED A PROPERTY ON BLOOD STREET THAT HAS GARBAGE AND MARK WILL SEND HIM A LETTER REQUESTING THE PROPERTY BE CLEANED UP.
SUPERVISOR HAFF SAID THAT HE CONTACTED MARK REGARDING ROBERTA LEBRUM ON ROJCEWICZ LANE WHO HAS GARBAGE OVERFLOWING. AND BEHIND HER HOUSE SHE HAS A GARBAGE BURN PIT – MARK WENT AND ADVISED HER THAT SHE IS NOT ALLOWED TO BURN HOUSEHOLD GARBAGE.
POSTAL HOURS
SUPERVISOR HAFF SAID THAT HE SENT THE RECENT POSTAL HOURS TOWN BOARD RESOLUTION TO ALL OF THE LOCAL POLITICIANS AS WELL AS PRESIDENT OBAMA. HE SAID THAT CONGRESSMAN GIBSON’S OFFICE IS PLANNING TO DRAFT A LETTER TO THE POSTAL SERVICE REQUESTING THEY SERIOUSLY CONSIDER THE TOWN’S RESOLUTION.
NOVEMBER 26, 2012 SPECIAL TOWN BOARD MEETING PG. 5 OF 5
ON MOTION OF SUPERVISOR HAFF, 2ND BY COUNCILWOMAN BEECHER THE MEETING WAS ADJOURNED AT 7:44 P.M.
RESPECTFULLY SUBMITTED, _____________________________DENISE PETTEYS, RMC TOWN CLERK
______________________________ __________________________________
SUPERVISOR HAFF COUNCILWOMAN BEECHER
______________________________ __________________________________
COUNCILWOMAN FOOTE COUNCILMAN GALLINARI
_______________________________
COUNCILMAN MCCARTHY