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Town of Hardenburgh
Regular Town Board Meeting and Tax Cap Public Hearing September 12, 2019
Town Hall, 51 Rider Hollow Road, Arkville, NY 12406

Present:  Supervisor Fairbairn and Councilpersons Fairbairn, Prior, Schluter and Shaver.
Also present:Highway Superintendent Charles Storms, Town Clerk Thomas Delehanty.

Supervisor Fairbairn called the meeting to order at 7:00 PM and Councilperson Shaverled the Pledge of Allegiance.

MINUTES CORRECTION:

Supervisor Fairbairnmoved to correct the minutes of the 8/8/19 Regular Meeting. Motion seconded by Councilman Fairbairn and passed with all in favor.Supervisor Fairbairn moved to accept the 8/8 minutes aswritten. Motion seconded by Councilman Fairbairn and passed with all in favor.

BILLS:

Supervisor Fairbairn made a motion to audit the bills, which was seconded by Councilman Schluter and passed with all in favor. Supervisor Fairbairn made a motion to accept the bills as audited, which was seconded by Councilman Schluter and passed with all in favor. Vouchers approved for payment were Highway #155-175totaling $38,168.87, General #143-158 totaling $6,035.30 and New York Rising #7 for $187,431.43.

FUNDS TRANSFER:

Resolution to transfer excess cash funds to Bridge, Assessor, Town Clerk and Supervisor accounts. Discussion.

The Supervisor moves by Resolution to appropriate excess cash funds from Highway Fund for Budget Year 2019 to line item DA 5120.2 Bridges Equipment in the amount of $100,000.00, and from the General Fund for Budget Year 2019 to line item A 1220.4 Supervisor C. E. in the amount of $15,000.00, and to line item A 1355.4 Assessors C. E. in the amount of $1,500.00 and to line item A 1410.4 Town Clerk C. E. in the amount of $1,500.00.

Resolution seconded by Councilman Prior.

Roll Call Vote:

Councilman John Fairbairn:
Councilman Vincent Prior:
Councilman Bill Schluter:
Councilperson Sherry Shaver:
Supervisor Jerry Fairbairn:

Resolution 19-27 adopted.

ASSESSOR:

Reappointment. Discussion. Supervisor Fairbairn moved by Resolution to reappoint Michael Sommer as Assessor, term to begin 10/1/2019 and expire 9/30/2025.

Resolution seconded by Councilman Schluter.

Roll Call Vote:

Councilman John Fairbairn:
Councilman Vincent Prior:
Councilman Bill Schluter:
Councilperson Sherry Shaver:
Supervisor Jerry Fairbairn:

Resolution 19-28 adopted.

HIGHWAY:

A. Still need help. Personnel discussion. Hires, potential re-hire.

B. Highway pay rates for various Towns. Discussion. Possible Resolution to raise some pay rates.

Supervisor Fairbairn moved by Resolution to raise the following pay rates:

Heather Brewer - MEO - Raise commencing next payroll to $18.00 per hr. Kyle Brewer - MEO - Raise commencing next payroll to $20.00 per hr. Wayne Somers Jr. - MEO - Upon re-hire $20.00 per hr.

Resolution seconded by Councilman Fairbairn.

Roll Call Vote:

Councilman John Fairbairn:
Councilman Vincent Prior:
Councilman Bill Schluter:
Councilperson Sherry Shaver:
Supervisor Jerry Fairbairn:

Resolution 19-29 adopted.

PUBLIC HEARING - 2020 TAX CAP:

Supervisor Fairbairn moved to open the Public Hearing at 7:37 PM. Motion seconded by Councilperson Shaver and passed with all in favor. The Town Council members affirmed that they have read the text of the proposed “Local Law #2 for 2019 to Override the Tax Levy Limit Established in General Municipal Law §3-c”. Discussion. No comments or questions from Board or audience. Supervisor Fairbairn moved to close the Public Hearing at 7:38 PM. Motion seconded by Councilman Fairbairn and passed with all in favor.

For the record, as required by law: (1) All Board members received copies of the Law at least seven business days in advance of this Meeting; (2) Notice of the Public Hearing was posted in three public places at least five business days in advance; (3) The Public Hearing was advertised in the Town’s official publication on August 21 and August 28.

Supervisor Fairbairn moved by Resolution to adopt the following Local Law:

Local Law #2 for 2019 to Override the Tax Levy Limit Established in General Municipal Law §3-c Section 1. Legislative Intent

It is the intent of this Local Law to override the limit on the amount of real property taxes that may be levied by the Town of Hardenburgh pursuant to General Municipal Law §3-c, and to allow the Town of Hardenburgh to adopt a budget for the fiscal year 2020 that requires a real property tax levy in excess of the “tax levy limit” as defined by General Municipal Law §3-c.

Section 2. Authority

This Local Law is adopted pursuant to subdivision 5 of General Municipal Law §3-c, which expressly authorizes the Town Board to override the tax levy limit by the adoption of a Local Law approved by a vote of sixty percent (60%) of the Town Board.

Section 3. Tax Levy Limit Override

The Town Board of the Town of Hardenburgh, County of Ulster is hereby authorized to adopt a budget for the fiscal year 2020 that requires a real property tax levy in excess of the amount otherwise proscribed by General Municipal Law §3-c.

Section 4. Severability

If any clause, sentence, paragraph subdivision, or part of this Local Law of the application thereof to any person, firm or corporation, or circumstance, shall be adjusted by any court of competent jurisdiction to be invalid or unconstitutional, such order or judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, or part of this Local Law or in its application to the person, individual, firm or corporation or circumstance, directly involved in the controversy in which such judgment or order shall be rendered.

Section 5. Effective Date

This Local Law shall take effect immediately upon filing with the Secretary of State of New York.

Resolution seconded by Councilman Fairbairn.

Roll Call Vote:

Councilman John Fairbairn:
Councilman Vincent Prior:
Councilman Bill Schluter:
Councilperson Sherry Shaver:
Supervisor Jerry Fairbairn:

Resolution 19-30 adopted.

BRIDGE #2224240:

Notice of Bridge award and GOSR restriction. Discussion.

DCSWD:

A. Millbrook Streambank Stabilization Project. Discussion.LaFever’s very low bid won. Work done, looks good.

B. Another project planned, Delaware Co. is behind in processing. May apply for a third (by schoolhouse).

REVENUES:

A. From UC, Summer road maintenance and incentive, check for $15,293.90.

B. From UC, Sales tax 4-6/2019, check for $9,831.63.

C. Town Clerk Monthly Report for August, check for $1,040.00.

FYI:

A. Budget schedule.

B. Governor raiding Town coffers.

C. From UC Transportation Council: sending more work and cost to Towns. Discussion. Speed limit signs, etc.

D. My Favorite Animal.

E. From CWC: August septic rehabs, etc.

F. From NYSEG: seeking rate increase.

RISING COMMUNITY RECONSTRUCTION PROGRAM:

A. Communication with contractor.

B. Generator schedule update.

BUDGET:

Special Tentative Budget Meeting scheduled for Thursday, Oct. 3. Discussion. To be advertised. Regular October Meeting will be Oct. 10.

JUSTICE:

From NYS Comptroller - No Court action for July.

SPEAK TIME: Quiet.

Supervisor Fairbairn made a motion to adjourn at 8:05 PM, which wasseconded by Councilman Priorand passed with all in favor.

Next meeting: Special Tentative Budget Meeting, October 3, 7 PM at Town Hall.

Date: September 13, 2019

Thomas Delehanty, Town Clerk