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Town of Hardenburgh
Regular Town Board Meeting
August 9, 2018 7:00 PM
Town Hall, 51 Rider Hollow Road, Arkville, NY 12406

Present:   Supervisor Fairbairn and Councilpersons Bellows, O’Reillyand Schluter.
Also present: Town Clerk Thomas Delehanty.

Supervisor Fairbairn called the meeting to order at 7:01 PM and Councilperson O’Reillyled the Pledge of Allegiance.

MOMENT OF SILENCE: A moment of silence was observed in memory of Jimmy Todd. Community member, former Highway Superintendent. Viewing Sunday, August 12 from 6-8 PM; funeral Monday, August 13 at 1 PM; both at Hynes Funeral Home, Margaretville.

MINUTES CORRECTION: Supervisor Fairbairnmoved to correct the minutes of the 7/12/18Regular Meeting. Motion seconded by Councilman Schluter and passed with all in favor.Correction: Highway D, “Personnel Discussion”. Supervisor requests revision to “Supervisor asks Councilpersons Bellows and O’Reilly to comment on a discussion after the April Board meeting adjourned, when they approached the Highway Superintendent outside Town Hall and encouraged him to urge a full-time Highway employee to retire. Both Councilpersons refused to comment.”Supervisor Fairbairn moved to accept the 7/12 minutes as corrected. Motion seconded by Councilman Schluter but not passed (Councilpersons Bellows and O’Reilly opposed).

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 #125-149 totaling $39,331.87, General #130-140 totaling $6,001.71 and New York Rising #5-6 for $4,216.99.

TAX CAP: Supervisor Fairbairn moved by Resolution to conduct necessary research / investigation into the 2019 Tax Cap and 2018 Local Law to override. Public Hearing to be advertised and held during Regular September Meeting, 9/13 at 7:30 PM. Discussion.

Resolution seconded by Councilman Schluter.

Roll Call Vote:

Councilperson Sherry Bellows: Yes
Councilman Wendy O'Reilly Yes
Councilman Bill Schluter: Yes
Supervisor Jerry Fairbairn: Yes

Resolution 18-19 adopted


A. From BK motorist, re. speed limit on BK Road.

B. Ingress/egress from Beyeas.

C. From Town Attorney, re. legal ingress/egress for BIN #2224240 for Tuscarora Club and Beyea.Beyeas have returned, Tuscarora not yet.

D. BIN #2224240 chronology of events: Bridge was red-flagged by DOT – next action closure of bridge. NYS offered a grant program called “Bridge NY”. Next step was survey of surrounding property for purpose of ingress/egress to remediate the deficiencies. Work had been planned to be done “in-house”. Landowner ingress/egress to accomplish survey was not forthcoming. By the time permission was received, deadline for grant application had passed. Subsequently, Supervisor contacted Town Attorney to intercede and facilitate ingress/egress permission. Survey has been completed. Necessary legal work is ongoing, not yet complete.

E. Supervisor’s note: “I will no longer donate any knowledge, supervision or use of construction equipment to accomplish FEMA work, emergency work or any in-house project. I will, however, fulfill my job description and duties as Supervisor as laid out by NY State Law. I have saved the Town well over a million dollars during my tenure. However, I have recently received harassment and nastiness from two Board members, lies and innuendo from a husband and wife in our community, and character assassination by both.”

F. Supervisor Fairbairn moved by Resolution:

WHEREAS: The Town of Hardenburgh’s bridge (BIN #2224240) located on Millbrook Rd. near the intersection of the private driveway of M. Fairbairn has been “red-flagged” by NYS DOT, and

WHEREAS: Eventual closure is imminent.

BE IT RESOLVED THAT: The Town’s Highway Department be authorized to seek an Engineering Firm to address the remediation to satisfy NYS DOT’s concerns.


Resolution seconded by Councilman Schluter.

Roll Call Vote:

Councilperson Sherry Bellows: Yes
Councilman Wendy O'Reilly Yes
Councilman Bill Schluter: Yes
Supervisor Jerry Fairbairn: Yes

Resolution 18-20 adopted

G. CDL license for full-time Highway employees. Discussion.

Supervisor Fairbairn moved by Resolution:

WHEREAS: All four current full-time Highway employees have a CDL license, and

WHEREAS: A CDL license is necessary to operate our larger trucks for various Highway tasks including snowplowing;

BE IT RESOLVED THAT: All current full-time Highway employees shall maintain a CDL license, and any employee wishing to become a full-time Highway employee shall possess a CDL license to be considered for full-time employment.

BE IT FINALLY RESOLVED THAT: This Resolution shall become effective upon passage.

Resolution seconded by Councilman Schluter.

Roll Call Vote:

Councilperson Sherry Bellows: No
Councilman Wendy O'Reilly No
Councilman Bill Schluter: Yes
Supervisor Jerry Fairbairn: Yes

Resolution not passed.

FEMA: Correction of previous errors in Flood Insurance Study (FIS).


A. Request for change of projects. Hoping to save hundreds of thousands of taxpayer dollars. Discussion. E-mails included and not included in Agenda. Would a change be allowed?

B. Discussion/questioning of Councilperson O’Reilly’s opinion about Supervisor’s performance as NY Rising Community representative.

Supervisor’s announcement: “Let the minutes reflect that Councilperson O’Reilly has stated at a previous Board meeting that she is unhappy with my representation of the Town regarding NY Rising by stating that ‘this is the Town of Hardenburgh, not Jerryville.’

Let the minutes reflect the following: As an unpaid volunteer of the Community Rising program for the Town of Hardenburgh since 2013, I hereby relinquish my responsibilities. As our Supervisor/CFO I immediately hereby appoint Councilperson O’Reilly as our representative to this program. Be it known that I am at this Board meeting turning over all “hard copy” materials to our newly-appointed Comm. Rising Representative. I estimate that review of these records shall consume approximately 200-250 hours. I will be forwarding to Councilperson O’Reilly all electronic records to an e-mail address of her choosing. I would also suggest that the subject undertake classes at Delhi College to better acquaint herself with general construction, bridge construction and all blueprint interpretation protocol. Be it recorded in these minutes that I have nearly fifty years of experience in the construction business and have engineered and supervised the construction of the stream crossing structure located on Hinkley Road in the Millbrook.”

Discussion. Outcome not clear.

C. Employee Handbook. Councilperson O’Reilly agreed in April to prepare same. Discussion of progress. She is working on it, did not bring material, declined to give details.

DCSWCD: Rumored that DEC was at site with DCSWCD to discuss permitting for project #1. Discussion.


A. Check to Town for bicycle signs. Principals had been requested to send payment to vendor with copies of invoice. Town has paid vendor by voucher.

B. FromDungkarGonpa Society, donation for Transfer Station privileges, check for $1,105.00.


A. From CWC re. septic rehabs, stormwater program and Flood Hazard Mitigation Loan.

B. Town’s final eq. rate of 61.00% (currently 62.00%). Discussion.

JUSTICE: No actions for February, March and April.


Supervisor Fairbairnmade a motion to adjourn at 7:43 PM, which wasseconded by Councilman Schluterand passed with all in favor.

Date: August 19, 2018

Next meeting: Regular Meeting, September 13, 7 PM at Town Hall.

Thomas Delehanty, Town Clerk