Forestburgh, New York



PUBLIC HEARING UPON

PROPOSED LOCAL LAW # 2 OF 2019

ENTITLED “SUBDIVISIONS”

TOWN OF FORESTBURGH, SULLIVAN COUNTY, STATE OF NEW YORK

April 4, 2019

Supervisor Hogue opened the public hearing at 7:00 p.m.

Roll Call: Present – Daniel S. Hogue, Jr. , Supervisor

Karen Ellsweig, Councilwoman

John W. Galligan, Councilman

Susan Landis, Councilwoman

Steve Budofsky, Councilman

Absent – None

Recording

Secretary – Joanne K. Nagoda, Town Clerk

Others

Present – E. Danielle Jose, Attorney for the Town

Supervisor Hogue stated that the Planning Board has worked very hard to create new and updated subdivision regulations that will help the town be more sustainable and protect our assets. We have also received the 239-m review from the county.

A resident from Stag Forest questioned the minimum lot size. Clerk Nagoda stated that the property that you are referring to is located in an RR-1 zone , with a minimum lot size of 100,000 square feet – just shy of two and a half acres. Nothing can be smaller than that. Lot size is dictated in the zoning code.

Supervisor Hogue stated that one of the recommendations made by the county, and I’m not sure if the town agrees, is to decrease some of the lot sizes and create open space. The town wants to retain our rural nature and encourage larger yards.

Attorney Jose stated that the comments from today and the county will be given to the planning board for review also.

MOTION by Councilman Galligan, seconded by Councilwoman Landis to close the public hearing at 7:08 p.m. Vote: 5 ayes – 0 nays. Motion carried.

Respectfully submitted,

Joanne K. Nagoda,

Town Clerk

The Town of Forestburgh held their regular monthly meeting on Thursday, April 4, 2019 at the town hall.

Supervisor Hogue called the meeting to order at 7:08 p.m.

Roll Call: Present – Daniel S. Hogue, Jr. , Supervisor

Karen Ellsweig, Councilwoman

John W. Galligan, Councilman

Susan Landis, Councilwoman

Steve Budofsky, Councilman

Absent – None

Recording

Secretary – Joanne K. Nagoda, Town Clerk

Others

Present – E. Danielle Jose, Attorney for the Town

PUBLIC COMMENT – None

REPORTS –

Supervisor Hogue submitted a report of monthly financial activity for the month of March 2019.

Clerk Nagoda submitted a report of clerk fees and activity for the month of March 2019.

Code Officer Gabbard submitted a report of building/code activity for March 2019.

Justice Carroll submitted a report of justice court fees and activity for March 2019.

Highway Superintendent Ruggeri submitted a report of highway activity for March 2019.

Also for Highway is an agreement with Cornell Cooperative Extension for the healthy workplace initiative is to provide 6 yoga mats and a yoga deck for the town hall, and to provide for highway a standing desk, a stair stepper, a healthy grilling cook book, a popcorn machine and a case of popcorn.

MOTION by Councilwoman Landis, seconded by Councilwoman Ellsweig to enter into the agreement with Cornell Cooperative Extension. Vote: 5 ayes – 0 nays. Motion carried.

MINUTES – Clerk Nagoda submitted minutes of the March 7 regular town board meeting for review.

MOTION by Councilman Galligan, seconded by Councilman Budofsky to accept the minutes. Vote: 5 ayes – 0 nays. Motion carried.

GENERAL FUND VOUCHERS - #67 - 93 in the sum of $38,996.07 as set forth in abstract # 4 were audited for payment. MOTION by Councilman Budofsky, seconded by Councilwoman Landis to pay general fund vouchers. Vote: 5 ayes – 0 nays. Motion carried.

HIGHWAY FUND VOUCHERS - #24 – 41 in the sum of $17,063.87 as set forth in abstract # 4 were reviewed. MOTION by Councilwoman Landis, seconded by Councilman Galligan to accept the highway fund vouchers. Vote: 5 ayes – 0 nays. Motion carried.

ESCROW FUND VOUCHERS - #2 -3 in the sum of $1,330.00 as set forth in abstract # 2 were reviewed. MOTION by Councilman Landis, seconded by Councilman Budofsky to pay the escrow fund vouchers. Vote: 5 ayes – 0 nays. Motion carried.

CORRESPONDENCE – None

UNFINISHED BUSINESS

2805 STATE ROUTE 42 – As hopefully you will have all seen, the hunting camp on Route 42 has been demolished. We have the bills. Once we get the cancelled checks we can submit them for the grant. Attorney Jose stated we need to send copies of the bills to the property owner and request payment.

CAMERAS – We’ve been discussing cameras for quite some time. Justice Gunther has contact the Office of Court Administration and requested a security audit. After the safety audit, they will make recommendations which almost always include cameras and you are almost 100% guaranteed to receive a JCAP grant based on their recommendations. Matter tabled.

OLD TOWN HALL ROOF – Supervisor Hogue stated he has not seen Engineer Gottlieb to speak with him. Historian, Sabina Toomey stated she has the paperwork for the grant from the county and we also have a bank account of $2,000 which was donated by the residents that can be used for the roof. Matter tabled.

DOVE – Our dove for the dove trail is being painted. It was delivered to Brenda Sywalski’s house last month. I will be going over to make a template of the mounting holes and then with the help of the highway department, we will begin forming the base for the dove. I have spoken with the Blooming Buddies who are planning the planting and gardening around the dove. Councilwoman Ellsweig asked if we’ve heard anything about the $500 grant to help cover the cost of the paints for the dove. Supervisor Hogue stated he had received a phone call from Helen Budrock at Sullivan Renaissance and she stated those funds were included the community grant we have been awarded by them. Discussion was held on several grants that have been applied for through Renaissance and the possibility of overlap and some confusion on the grants. Supervisor Hogue will clarify with Renaissance. Councilwoman Landis stated that we have been awarded the sign grant through the county, we are awaiting final approval by the legislature on April 18. MOTION by Councilwoman Landis, seconded by Councilwoman Ellsweig to authorize Clerk Nagoda to place the order for the new signs pending approval of the County Legislature. Vote: 5 ayes – 0 nays. Motion carried.

9-1-1- SIGNS – At the request of the fire department, we have been going back and forth on the requirements for house numbers and establishing a uniform sign system. Attorney Jose stated the time line for this would be establish a public hearing at some point, the final draft has to be in the hands of the town board seven days before the public hearing, hold the public hearing at which time the board may or may not adopt the legislation, if adopted the clerk will file it with the state. Then within 30 days we would have to apply for the variance as our will be more restrictive than the state code. She recommended having a final draft be in the boards hand at the May meeting and schedule the public hearing for June.

BOARD OF ASSESSMENT REVIEW VACANCY – Last month we regretfully accepted the resignation of Carl Amaditz from the Board of Assessment Review. There is a two or three hour mandatory training that must be attended before grievance day. We advertised in the newsletter and asked around, but have no interested parties at this time. The Attorney for the town will advise on how to proceed if a third party is not found.

LOCAL LAW # 2 “SUBDIVISIONS” – In light of all of the comments/recommendations made by the county on the 239-m review, it is my feeling that we should once again refer this back to the planning board for their review and comments on the county’s recommendations. MOTION by Councilman Budofsky, seconded by Councilwoman Ellsweig to refer the proposed subdivision legislation back to the planning board for further review. Vote: 5 ayes – 0 nays. Motion carried.

With that, the moratorium is still in place as it was renewed last month.

NEW BUSINESS

IDA RESPONSE –Councilman Budofsky asked if we have received any response from the IDA at all. Supervisor Hogue stated that we have received no response from the IDA and the letter was sent weeks ago.

FRONT DOOR – Clerk Nagoda requested permission to have/hire someone please come and strip and paint the front door. Many of the residents are commenting on how bad it looks, it’s filthy and peppered from road salt over the winter. MOTION by Councilwoman Landis, seconded by Councilman Budofsky to have the front door redone. Vote: 5 ayes – 0 nays. Motion carried.

FUNDRAISERS – A few times different groups have brought up the idea of fundraisers for different projects. Clerk Nagoda contacted the Association of Towns and received some opinions and guidance. The municipality cannot be involved with the fundraiser; it should be done by the group looking to raise the funds totally without town involvement. Discussion was held on donations of free will as opposed to solicited donations. If the seniors wish to do a scholarship, they can use their own funds, not those that they receive from the town as a budget line item. It was determined that the Town will remain without any participation in donations and it will up to the groups who are soliciting the funds.

LOST LAKE – There are a lot of questions about Lost Lake and we haven’t received anything from them in quite some time. I did speak with Randy Gracy today and he told me they are not moving forward unless he can put the electric overhead. The town did agree to let him put his power lines overhead, however, the public service commission won’t allow it. They have already appealed and lost three times and they are once again applying for a variance. Discussion was held on a letter of support of the variance and not supporting the application. As well as their statements to us that they would move forward regardless of waiver and now they are going back on their word. Discussion was also held on if there is a new buyer for the property there would most likely be a new application to develop it in a way totally different from Lost Lake’s plan. MOTION by Councilwoman Landis, seconded by Councilman Budofsky to have Attorney Jose discuss this matter with the counsel for Lost Lake. Vote: 5 ayes – 0 nays. Motion carried.

COMMITTEE REPORTS

Planning Board – There was no meeting in March. Our next meeting is April 23 where we will review the county recommendations on the subdivision regulations.

Recreation – The recreation director has been going back and forth over summer program dates, there was discussion with the July 4th holiday. Today it was determined that the summer program will be July 1 through August 9. We also have to get in touch with the Boy Scouts, as we may not have lifeguards the first week, if they need recertification.

Historian – She has come across a photograph, of which a framed copy was presented to Councilman Galligan, and asked him to identify his parents. It is a photo of a group of people in front of the Forestburgh Community Club. It is the Black Brook Schools house on Route 42. She is concerned that the photos that were used in the Sesquicentennial Journal are not photos belonging to the town. They were loaned by various residents for inclusion in the journal. Her concern is that each time the journal is reproduced, we lose clarity of the photos. She is asking anyone who has photos lend them to her and she will have them reproduced and digitally scanned. I am also working on a map of all of the historical markers in town.

Seniors – We have an outing for lunch at Yiasou in Liberty on April 17. We are also getting ready for election of officers. We just lost Lorraine Mason and Mary King, who is not well is the only original living member of the seniors. We are also changing and updating our bylaws.

Zoning Review – The next meeting is Tuesday, April 9 from 7 – 9 here at the town hall.

Blooming Buddies – Next meeting is April 17 at 4:30 here at the town hall.

Sullivan 180 – Next meeting is April 17 from 5:30 – 6:30. Our second meeting was a success and we are looking for a new name for our group. Our meeting will now be the third Wednesday of the month for the remainder of 2019. Our group is focused on what Forestburgh wanted – some groups are doing smoking cessation and weight loss. We did a survey and are focusing on what Forestburgh wants. We have 15-20 people at our meetings and they are open to everybody. They are one hour long – no more or less. This month we will have a panel discussion with Judge Anthony Kane and Dr. Bruce Ellsweig who will be discussing the medical and legal issues with immunization. In May we will have a speaker on Yoga and what kind of classes we want to have. The three issues that Forestburgh was looking at, based on our survey are exercise, walking and social interest. Councilwoman Landis is overseeing the exercise group, Judge Kane is overseeing the walking group and we are all working on the social aspect.

Clerk Nagoda added that the county is sponsoring their annual litter pluck, they are no longer supplying the clear bags, but I do have stickers for the bags so there will be no charge for litter pluck at the landfill. Litter pluck runs from April 20 through May 31. Councilwoman Ellsweig stated at our meeting on the 17 we may pick a couple of days to litter pluck through our walking group. There is an upcoming Alzheimer’s Walk and some of our members are interested in participating in that. I will have more information on that later.

Fire Department – May 19 Pancake Breakfast from 7 – 11 a.m. The contract for the new truck has been signed, it will be here in about a year.

PUBLIC COMMENT –

Jim Steinberg – I know the board has no say over this, but it’s pretty sad that the highway department is putting salt on dry roads and it ends up in the ditches and in my driveway. That’s my tax money, and after 41 years in the business, you don’t try to spread it ditch to ditch – you put it in the center of the road and let the cars spread it around. They are wasting money by having John Deere come over and change filters that they can do themselves. They are buying Snap On tools and they say they don’t do any mechanical work, then why are we buying tools? I know the board has no say, but maybe take a look and how the money is being spent.

EXECUTIVE SESSION – MOTION by Supervisor Hogue, seconded by Councilman Galligan to enter into executive session for the purposes of litigation and invite Attorney Jose into said session. Vote: 5 ayes – 0 nays. Motion carried.

MOTION by Councilman Galligan, seconded by Councilwoman Ellsweig to reconvene into regular session. Vote: 5 ayes – 0 nays. Motion carried.

RESOLUTION # 6

RESOLUTION CONFIRMING SETTLEMENT OF A PROCEEDING INSTITUTED UNDER ARTICLE 7 OF THE REAL PROPERTY TAX LAW AGAINST THE TOWN OF FORESTBURGH - INDEX NUMBER 1460-2018

WHEREAS, ROMAN CATHOLIC CHURCH OF SAINT ANTHONY OF PADUA AND SAINT THOMAS AQUINAS, has instituted proceedings under article 7 of the Real Property Tax Law to review the assessments of tax map parcel 30.-1-20.1, and which proceeding is pending in the Supreme Court of the State of New York, County of Sullivan, under Index Number 1460-2018; and

WHEREAS, the parties herein have appeared through counsel, to wit, E. Danielle Jose-Decker, Esq., on behalf of respondent, and Michael Hrankiwskyj, Esq., on behalf of petitioner; and

WHEREAS, negotiations by and between the parties hereto have produced a proposed settlement of the issues and matters of dispute; and

WHEREAS, the proposed settlement will also result in a fair and equitable resolution of the complaints with respect to the petitioner’s assessment, to wit, a reduction in the assessment of petitioner’s real property from $125,000.00 to $90,000.00, with refunds to be made within 60 days of the Town’s receipt of a copy of the signed Order.

Now, therefore, be it resolved, by the Town Board of the Town of Forestburgh as follows:

That the settlement of the above reference preceding be and hereby is all respects approved and confirmed.

That the attorney for the Town of Forestburgh be and is authorized, empowered and directed to enter into and execute a formal written stipulation settlement and to bind the town thereto, such stipulation to be in the form approved by the said attorney.

MOTION BY: Supervisor Hogue

SECOND BY: Councilwoman Ellswieg

VOTE: 5 ayes- 0 nays

ADOPTED BY THE TOWN BOARD OF THE TOWN OF FORESTBURGH

RESOLUTION # 7

RESOLUTION CONFIRMING PARTIAL SETTLEMENT OF A PROCEEDING INSTITUTED UNDER ARTICLE 7 OF THE REAL PROPERTY TAX LAW AGAINST THE TOWN OF FORESTBURGH - INDEX NUMBER 1300-2017, 1466-2018

WHEREAS, HADDEN, CLEVELAND, BLAND, TERRY, LAMPE, EVANS & DUPONT, Petitioners have instituted proceedings under article 7 of the Real Property Tax Law to review the assessments of certain parcels, and which proceedings are pending in the Supreme Court of the State of New York, County of Sullivan, under Index Numbers 1300-2017 & 1466-2018; and

WHEREAS, the parties herein have appeared through counsel, to wit, E. Danielle Jose-Decker, Esq., on behalf of the Town of Forestburgh, Ingerman Smith, LLP, on behalf of the Port Jervis School District, and Walter Garigliano, Esq., on behalf of petitioner; and

WHEREAS, negotiations by and between the parties hereto have produced a proposed partial settlement of the issues and matters of dispute; and

WHEREAS, the proposed partial settlement will also result in a fair and equitable resolution of portions of the complaints with respect to certain of the petitioners assessments, as follows:

Petitioner SBL Year Value Final Roll Reduced Value

Lampe 38.-1-15.39 2017 $41,027.00 $33,702.00

Hadden 38.-1-15.27 2017 $18,568.00 $14,400.00

Hadden 38.-1-15.27 2018 $160,000.00 discontinued action

Cleveland 38.-1-15.33 2017 $26,050.00 $24,750.00

Cleveland 38.-1-15.33 2018 $300,000.00 $275,000.00

WHEREAS, refunds are to be made within 30 days of the Town’s receipt of a copy of the signed Order.

Now, therefore, be it resolved, by the Town Board of the Town of Forestburgh as follows:

That the partial settlement of the above reference proceedings be and hereby is all respects approved and confirmed.

That the attorney for the Town of Forestburgh be and is authorized, empowered and directed to enter into and execute a formal written stipulation settlement and to bind the town thereto, such stipulation to be in the form approved by the said attorney.

MOTION BY: Councilman Galligan

SECOND BY: Councilwoman Ellsweig

VOTE: 5-ayes – 0 nays

ADOPTED BY THE TOWN BOARD OF THE TOWN OF FORESTBURGH

RESOLUTION # 8

RESOLUTION CONFIRMING PARTIAL SETTLEMENT OF A PROCEEDING INSTITUTED UNDER ARTICLE 7 OF THE REAL PROPERTY TAX LAW AGAINST THE TOWN OF FORESTBURGH - INDEX NUMBER 2018-1457

WHEREAS, Anthony Griffin, Petitioner, has instituted proceedings under article 7 of the Real Property Tax Law to review the assessments of certain parcels, and which proceeding is pending in the Supreme Court of the State of New York, County of Sullivan, under Index Number 2018-1457; and

WHEREAS, the parties herein have appeared through counsel, to wit, E. Danielle Jose-Decker, Esq., on behalf of the Town of Forestburgh, Ingerman Smith, LLP, on behalf of the Port Jervis School District, and Walter Garigliano, Esq., on behalf of petitioner; and

WHEREAS, negotiations by and between the parties hereto have produced a proposed partial settlement of the issues and matters of dispute; and

WHEREAS, the proposed partial settlement will also result in a fair and equitable resolution of portions of the complaints with respect to certain of the petitioners assessments, as follows:

Petitioner SBL Year Value Final Roll Reduced Value

Griffin 11.-1-2 2018 $15,000.00 $4,000.00

WHEREAS, refunds are to be made within 30 days of the Town’s receipt of a copy of the signed Order.

Now, therefore, be it resolved, by the Town Board of the Town of Forestburgh as follows:

That the partial settlement of the above reference proceedings be and hereby is all respects approved and confirmed.

That the attorney for the Town of Forestburgh be and is authorized, empowered and directed to enter into and execute a formal written stipulation settlement and to bind the town thereto, such stipulation to be in the form approved by the said attorney.

MOTION BY: Councilwoman Landis

SECOND BY: Councilman Budofsky

VOTE: 5 ayes – 0 nays.

ADOPTED BY THE TOWN BOARD OF THE TOWN OF FORESTBURGH

RESOLUTION # 9

RESOLUTION CONFIRMING SETTLEMENT OF A PROCEEDING INSTITUTED UNDER ARTICLE 7 OF THE REAL PROPERTY TAX LAW AGAINST THE TOWN OF FORESTBURGH - INDEX NUMBER 1448-2018

WHEREAS, KENNETH & ELIZABETH KLEIN, have instituted proceedings under article 7 of the Real Property Tax Law to review the assessments of tax map parcels 6.-2-34 & 6.-2-35, and which proceeding is pending in the Supreme Court of the State of New York, County of Sullivan, under Index Number 1448-2018; and

WHEREAS, the parties herein have appeared through counsel, to wit, E. Danielle Jose-Decker, Esq., on behalf of respondent, and Kenneth Klein, Esq., on behalf of petitioner; and

WHEREAS, negotiations by and between the parties hereto have produced a proposed settlement of the issues and matters of dispute; and

WHEREAS, the proposed settlement will also result in a fair and equitable resolution of the complaints with respect to certain of the petitioners assessments, as follows:

Petitioner SBL Year Value Final Roll Reduced Value

Klein 6.-2-35 2018 $60,000.00 $37,600.00; and

WHEREAS, the proceeding with respect to parcel 6.-2-34 would be discontinued, and the Petitioner shall combine parcel 6.-2-34 with parcel 6.-2-33, with no increase to the assessed value of parcel 6.-2-33, for 2019 or 2020; and

WHEREAS, there shall be no refunds with respect to this proceeding.

Now, therefore, be it resolved, by the Town Board of the Town of Forestburgh as follows:

That the settlement of the above reference preceding be and hereby is all respects approved and confirmed.

That the attorney for the Town of Forestburgh be and is authorized, empowered and directed to enter into and execute a formal written stipulation settlement and to bind the town thereto, such stipulation to be in the form approved by the said attorney.

MOTION BY: Councilman Galligan

SECOND BY: Councilman Budofsky

VOTE: 5 ayes – 0 nays.

ADOPTED BY THE TOWN BOARD OF THE TOWN OF FORESTBURGH

RESOLUTION # 10

RESOLUTION CONFIRMING SETTLEMENT OF A PROCEEDING INSTITUTED UNDER ARTICLE 7 OF THE REAL PROPERTY TAX LAW AGAINST THE TOWN OF FORESTBURGH - INDEX NUMBER 2017-1295 & 2018-1464

WHEREAS, Sullivan Realty Development and GAB Holding, LLC, Petitioners have instituted proceedings under article 7 of the Real Property Tax Law to review the assessments of certain parcels, and which proceedings are pending in the Supreme Court of the State of New York, County of Sullivan, under Index Numbers 2017-1295 & 2018-1464; and

WHEREAS, the parties herein have appeared through counsel, to wit, E. Danielle Jose-Decker, Esq., on behalf of the Town of Forestburgh, and Walter Garigliano, Esq., on behalf of petitioner; and

WHEREAS, negotiations by and between the parties hereto have produced a proposed settlement of the issues and matters of dispute; and

WHEREAS, the proposed settlement will also result in a fair and equitable resolution of portions of the complaints with respect to the petitioners assessments, as follows:

SBL Year Value Final Roll Reduced Value

6.-1-2.3 2017 $3,700.00 $2,430.00

6.-1-2.5 2017 $6,400.00 $3,150.00

6.-1-2.3 2018 $65,500.00 $27,000.00

6.-1-2.5 2018 $74,800.00 $35,000.00

WHEREAS, refunds are to be made within 30 days of the Town(s receipt of a copy of the signed Order, and refunds will be capped at the top end by the costs of the appraisals (if any), the RJI’s and the Index No. Application fees.

Now, therefore, be it resolved, by the Town Board of the Town of Forestburgh as follows:

That the settlement of the above reference proceedings be and hereby is all respects approved and confirmed.

That the attorney for the Town of Forestburgh be and is authorized, empowered and directed to enter into and execute a formal written stipulation settlement and to bind the town thereto, such stipulation to be in the form approved by the said attorney.

MOTION BY: Supervisor Hogue

SECOND BY: Councilman Budofsky

VOTE: 5 ayes – 0 nays

ADOPTED BY THE TOWN BOARD OF THE TOWN OF FORESTBURGH

ADJOURNMENT – MOTION by Supervisor Hogue to adjourn at 8:58 p.m.

Respectfully submitted,

Joanne K. Nagoda,

Town Clerk

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