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Town of Hardenburgh
Regular Town Board Meeting and Public Hearing July 11, 2019 7:00 PM
Town Hall, 51 Rider Hollow Road, Arkville, NY 12406

Present:  Supervisor Fairbairn and Councilpersons Fairbairn, Shaver and Schluter.
Also present:Town Clerk Thomas Delehanty, Ulster County Executive Patrick Ryan, Dan Torres (Ulster County Executive Office), Vince Prior.

Supervisor Fairbairn called the meeting to order at 7:03 PM and Councilperson Shaver led the Pledge of Allegiance.

COUNTY EXECUTIVE:

New County Executive Pat Ryan addressed the Board. Discussion.

PUBLIC HEARING - BAR:

Supervisor Fairbairn moved to open the Public Hearing at 7:55 PM. Motion seconded by Councilman Fairbairn and passed with all in favor. The Town Council members affirmed that they have read the text of the proposed “Local Law #1 for 2019 – Decrease Membership of Board of Assessment Review from Five (5) to Three (3) Members”. Discussion. No comments or questions from Board or audience. Supervisor Fairbairn moved to close the Public Hearing at 7:56 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 June 19th and June 26th. Discussion.

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

Local Law #1 for 2019 to Decrease the Membership of the Board of Assessment Review

Section 1. Legislative Intent

It is the intent of this Local Law to decrease the membership of the Board of Assessment Review of the Town of Hardenburgh from five (5) members to three (3) members.

Section 2. Authority

This Local Law is adopted pursuant to Real Property Tax Law §523 and Municipal Home Rule Law §10 and §20.

Section 3. Enactment

The Town Board of the Town of Hardenburgh hereby enacts as follows:

“Upon the effective date of this local law, membership of the Board of Assessment Review for the Town of Hardenburgh shall be decreased from five (5) members to three (3) members. Since Real Property Tax Law §523(1)(c) mandates a five-year term of office for Board of Assessment Review members, to decrease membership from five (5) members to three (3) members, the Town Board shall not appoint a replacement member to fill the vacancy for two (2) of the five (5) appointments as each of their five-year term expires. Once the membership of the Board of Assessment Review has been reduced from five (5) members to three (3) members, three (3) members must be present for Board of Assessment Review hearings to proceed, and three (3) Board of Assessment Review members must vote affirmatively if an assessment is to be changed.”

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.

By: Jerry Fairbairn, Town Supervisor.

Resolution seconded by Councilman Schluter.

Roll Call Vote:

Councilman John Fairbairn Yes
Councilperson Sherry Shaver: Yes
Councilman Bill Schluter: Yes
Supervisor Jerry Fairbairn: Yes

Resolution 19-21 adopted

MINUTES CORRECTION:

Supervisor Fairbairn moved to correct the minutes of the 6/13/19 Regular Meeting. Motion seconded by Councilperson Shaverand passed with all in favor. Supervisor Fairbairn moved to accept the 6/13 minutes aswritten. Motion seconded by Councilperson Shaver and passed with all in favor.

BILLS:

Supervisor Fairbairn made a motion to audit the bills, which was seconded by Councilman Fairbairn and passed with all in favor. Supervisor Fairbairn made a motion to accept the bills as audited, which was seconded by Councilperson Shaver and passed with all in favor. Vouchers approved for payment were Highway #124-135totaling $6,014.45, General #115-130 totaling $6,322.24 and New York Rising #6 for $250,610.26.

HIGHWAY:

A. Employee discussion.

B. Discussion of work on roads

BRIDGE #2224240:

A. Pre-bid discussion scheduled 7/9/19, 10 AM, Town Hall.

B. From SHPO, NO historical or archaeological properties.

REVENUES:

A. Town Clerk Monthly Report for June, check for $5.00.

FYI:

A. From NYS Dept. of Taxation and Finance, 2019 Equalization Rate 58%.

B. From CWC, septic rehabs, public education programs, loans, etc. for June.

C. To Catskill Mountain News mailbag, graduation letter.

D. Resignation of Wendy O’Reilly from Town Board.

E. NYC DEP, negative declaration on proposed rule change(s).

RISING COMMUNITY RECONSTRUCTION PROGRAM:

A. Tentative schedule for back-up Generator. Stop work order due to damage to underground telecom lines. Discussion.

B. Discussion on two bridges and Generators.

JUSTICE:

From NYS Comptroller - No Court action for the months of Jan, Apr and May.

TOWN BOARD APPOINTMENT:

Supervisor Fairbairn moved by Resolution to appoint Vincent Prior to the Town Council term vacated by Wendy O’Reilly for the remainder of 2019, effective immediately.

Resolution seconded by Councilman Schluter.

Roll Call Vote:

Councilman John Fairbairn Yes
Councilperson Sherry Shaver: Yes
Councilman Bill Schluter: Yes
Supervisor Jerry Fairbairn: Yes

Resolution 19-22 adopted

SPEAK TIME: Quiet.

Supervisor Fairbairn made a motion to adjourn at 8:30 PM, which wasseconded by Councilman Fairbairnand passed with all in favor.

Next meeting: Regular Meeting, August 8, 7 PM at Town Hall.

Date: July, 2019

Thomas Delehanty, Town Clerk