Forestburgh, New York



PUBLIC HEARING UPON

UNSAFE BUILDING LOCATED AT

2805 STATE ROUTE 42

FORESTBURGH, SULLIVAN COUNTY, NEW YORK

February 1, 2018

Supervisor Hogue opened the public hearing at 6:45 p.m.

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

Karen Ellsweig, Councilwoman

John W. Galligan, Councilman

Susan Parks Landis, Councilwoman

Steve Budofsky, Councilman

Absent – None

Recording

Secretary – Joanne K. Nagoda, Town Clerk

Others

Present – E. Danielle Jose, Attorney for the town

Glenn Gabbard, Code Enforcement Officer

Joseph Ruggeri, Highway Superintendent

Attorney Jose stated that we recently received a tax payment from the owner of the parcel and it appears that there is a new address for the owner. I am afraid that now that we know of a new address, there could be issues if we proceed further. I recommend that the board recess/adjourn this public hearing, schedule a new date and the code enforcement officer and I can send the appropriate notices to the owner at the new address. Code Enforcement Officer Gabbard supported Attorney Jose stating in these cases we need to cross our t’s and dot the I’s so as to not end up in Supreme Court.

MOTION by Supervisor Hogue, seconded by Councilman Galligan to adjourn/recess this public hearing until March 1, 2018 at 7:00 p.m. in the town hall. Vote: 5 ayes – 0 nays. Motion carried.

Respectfully submitted,

Joanne K. Nagoda,

Town Clerk

PUBLIC HEARING

UPON LOCAL LAW # 2 OF 2018 ENTITLED

“ A LOCAL LAW IMPOSING A TEMPORARY TOWN WIDE MORATORIUM ON THE

PROCESSING OF APPLICATIONS FOR AND THE ISSUANCE OF ANY APPROVALS OR PERMITS

FOR SOLAR FARMS AND SOLAR POWER PLANTS.”

TOWN OF FORESTBURGH, SULLIVAN COUNTY NEW YORK

February 1, 2018

Supervisor Hogue opened the public hearing at 7:05 p.m.

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

Karen Ellsweig, Councilwoman

John W. Galligan, Councilman

Susan Parks Landis, Councilwoman

Steve Budofsky, Councilman

Absent – None

Recording

Secretary – Joanne K. Nagoda, Town Clerk

Others

Present – E. Danielle Jose, Attorney for the town

Glenn Gabbard, Code Enforcement Officer

Joseph Ruggeri, Highway Superintendent

It was explained that our proposed solar law needed some additional work due to new information and regulations and therefore, we need a new moratorium to allow time to finish the proposed local law. Attorney Jose stated the moratorium would be for six months or less, if the proposed legislation is completed. This local law also allows for two, three month extensions if necessary.

Sheldon Pasternack – I am on the solar committee. I want the board to realize two things. They are taking an industrial establishment and putting it in a residential area. Later on there may be two problems. We put in really good setbacks, that being said, later on, you may have problems on two fronts. One being with the residents that are bordering it and the other is that you have to realize you are bringing a multibillion dollar corporation. Representatives from the company were there and even though they weren’t supposed to speak, they were pushing. The problem with little towns and big corporations is they have very deep pockets and they will harass and sue you all you want. They will fight you for tax reductions and because the town can’t afford to be in court, they will get their reduction and everybody else’s taxes will go up. There are good and bad consequences.

Supervisor Hogue stated this hearing is for the moratorium. You bring up good points, does anyone else wish to speak on the moratorium? No one spoke either for against the moratorium.

MOTION by Councilman Galligan, seconded by Councilwoman Ellsweig to close the public hearing at 7:09 p.m.

Respectfully submitted,

Joanne K. Nagoda,

Town Clerk

The Town Board of the Town of Forestburgh held their regular monthly meeting on Thursday, February 1, 2018 at the town hall.

Supervisor Hogue called the meeting to order at 7:00 p.m.

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

Karen Ellsweig, Councilwoman

John W. Galligan, Councilman

Susan Parks Landis, Councilwoman

Steve Budofsky, Councilman

Absent – None

Recording

Secretary – Joanne K. Nagoda, Town Clerk

Others

Present – E. Danielle Jose, Attorney for the town

Glenn Gabbard, Code Enforcement Officer

Joseph Ruggeri, Highway Superintendent

REPORTS –

Supervisor Hogue submitted a report of monthly financial activity for January 2018.

Town Clerk, Joanne Nagoda submitted a report of monthly clerk fees and activity for January 2018.

Justices Carroll and Gunther submitted a report of justice court fees and activity for January 2018.

PUBLIC COMMENT – None

MINUTES - Clerk Nagoda submitted minutes of the Reorganizational meeting and the regular January 4, 2018 town board meeting.

MOTION by Councilwoman Landis, seconded by Councilman Galligan to accept the reorganizational meeting minutes as submitted. Vote: 5 ayes – 0 nays. Motion carried.

MOTION by Councilman Galligan, seconded by Councilman Budofsky to accept the minutes of January 4, 2018 regular meeting as corrected of a date typographical error. Vote: 5 ayes – 0 nays. Motion carried.

GENERAL FUND VOUCHERS - #349 – 354 in the sum of $4,027.47 as set forth in abstract # 14 for the year 2017 were submitted for payment. Vouchers # 7 – 31 in the sum of $12,762.36 as set forth in abstract #2 for 2018 were submitted for payment. MOTION by Councilman Budofsky, seconded by Councilwoman Landis to pay all general fund vouchers. Vote: 5 ayes – 0 nays. Motion carried.

HIGHWAY FUND VOUCHERS - #193 – 197 in the sum of $4,178.69 as set forth in abstract # 14 for 2017 were reviewed for payment. Vouchers # 1 – 18 in the sum of $$90,243.72 as set forth in abstract #2 for the year 2018 were submitted for payment. Discussion was held on price quotes and procurement. MOTION by Councilwoman Landis, seconded by Councilman Budofsky to pay highway fund vouchers with appropriate documentation. Vote: 5 ayes – 0 nays. Motion carried.

ESCROW FUND VOUCHERS - #1 in the sum of $2,130.00 as set forth in abstract # 1 was reviewed for payment. MOTION by Councilman Galligan, seconded by Councilwoman Ellsweig to pay escrow vouchers. Vote: 5 ayes -0 nays. Motion carried.

HIGHWAY MATTERS – Highway Superintendent Joe Ruggeri submitted two requests. One for a new dump body for the tandem, which is the main truck of the fleet. It is severely rusted out and photos of the rusted body were reviewed by the board. The second request was for a new Dodge 5500 Crew Cab truck with a stainless steel spreader/dump body. This truck would replace the one ton that is currently in use. The cost for the dump body off of bid is $45,147.72 which I have in the equipment line. The cost for the Dodge truck is $104,477.40 off of Onondaga Statewide bid. Discussion was held on alternate bids, installation, steel versus aluminum body, the age of the current one truck. Discussion was had in the cost difference of the dump body being installed by the vendor as opposed to doing it in house.

MOTION by Supervisor Hogue, seconded by Councilman Budofsky to authorize the highway superintendent to purchase the Tenco dump body and spreader with the funds in his equipment line once the installation cost differential is determined. Vote: 5 ayes – 0 nays. Motion carried.

The board requested that the highway superintendent research further a new truck to replace the one ton, using other state bids and auction sites.

CORRESPONDENCE – Monticello Central School is requesting us of the town hall on Tuesday, May 8, 2018 from 4 – 8 p.m. for voter registration and on May 15, 2018 for budget vote from 8 a.m. – 8 p.m.

MOTION by Councilman Galligan, seconded by Councilwoman Landis to allow the use of the town hall for the school budget vote. Vote: 5 ayes – 0 nays. Motion carried.

ZONING MAPS – Last month we discussed a little snag in our zoning maps and the wrong ones were being distributed. Since then the actual zoning map and been reproduced and we now also have it in digital format. That will be delivered to the county on Monday.

NOISE ORDINANCE – This has been discussed during the meetings of the zoning review committee and Attorney Jose has sent us several sample ordinances. Discussion was held on ordinances in other neighboring towns, and a special meeting to review these ordinances. MOTION by Supervisor Hogue, seconded by Councilman Budofsky to hold a special meeting only to review noise ordinances on Wednesday, February 21, 2018 at 4:15 in the town hall. Vote: 5 ayes – 0 nays. Motion carried.

TOWN CAR – In an attempt to save some money, last month we discussed the possible need for a town use car. We averaged three or four years and the average is around $4,100 a year in mileage. We can get a 4 cylinder Jeep all wheel drive from Robert Green on state bid for around $20,000 our insurance estimate would not exceed $800. It was discussed that it was a good thought, and merited being looked at, but it was determined to reexamine this in the future.

PROCUREMENT POLICY – Last month we discussed the procurement policy, out attorney sent me and updated one from another town. The board will review the policy that was submitted and review the limits set in them.

PLANNING BOARD VACANCY – We have received three letters of interest in the available seat on the planning board. They are Katherine Barnhart, Gifford Shriver and Michael Creegan. Discussion was held on interviews. MOTION by Councilman Budofsky, seconded by Councilman Galligan to meet on March 1, 2018 at 6:00 p.m. to enter into executive session and interview candidates, which the supervisor will call to confirm. Vote: 5 ayes – 0 nays. Motion carried.

LOCAL LAW # 2 OF 2018 – SOLAR MORATORIUM –we have held the public hearing and we have a resolution to adopt:

Resolution # 3 of 2018

RESOLUTION ADOPTING LOCAL LAW NO. 2 OF THE YEAR 2018, IMPOSING A TEMPORARY TOWN-WIDE MORATORIUM ON THE PROCESSING OF APPLICATIONS FOR AND THE ISSUANCE OF ANY APPROVALS OR PERMITS FOR SOLAR FARMS AND SOLAR POWER PLANTS.

WHEREAS, the Town Board of the Town of Forestburgh duly introduced a proposed Local Law entitled “A Local Law Imposing a Six-month Moratorium on the Processing of Applications For, and the Issuance of Any Approvals or Permits For, Solar Farms and Solar Power Plants in the Town of Forestburgh”; and

WHEREAS, the Public Hearing was duly advertised in the Sullivan County Democrat, the official newspaper of the Town; and

WHEREAS, the Public Hearing was held on February 1, 2018, and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed Local Law or any part thereof; and

WHEREAS, the Proposed Action is a Type II Action not subject to environmental review pursuant to 6 N.Y.C.R.R. §617.5 (c)(30); and

WHEREAS, the notice requirements of Town Law §264 have been complied with; and

WHEREAS, the proposed Local Law was referred to the Town of Forestburgh Planning Board for comment which by report, returned a positive recommendation; and

WHEREAS, the proposed Local Law was referred to Sullivan County Division of Planning and Environmental Management for comment which by memo dated January 3, 2018, approved the action; and

WHEREAS, the Town Board of the Town of Forestburgh after due deliberation finds that it is in the best interest of the Town to adopt said Local Law; and

WHEREAS, said proposed Local Law has been on the desks of the members of the Town Board of the Town of Forestburgh for at least seven (7) days exclusive of Sunday prior to the adoption of this resolution.

NOW, THEREFORE, BE IT

RESOLVED, that the Town Board of the Town of Forestburgh hereby adopts Local Law No. 2 of the Year 2018 entitled “A Local Law Imposing a Six-month Moratorium on the Processing of Applications For, and the Issuance of Any Approvals or Permits For, Solar Farms and Solar Power Plants in the Town of Forestburgh”, a copy of which is attached hereto and made part of this Resolution; and be it further

RESOLVED, that the Town Clerk is directed to enter said Local Law in the minutes of this meeting and in the Local Law Book for the Town of Forestburgh and to give due notice of the adoption of said Local Law to the Secretary of the State of New York and General Code Services.

BY ORDER OF THE TOWN BOARD OF THE TOWN OF FORESTBURGH, NY.

MOTION by Supervisor Hogue, seconded by Councilwoman Landis to adopt said resolution. Vote: 5 ayes – 0 nays. Motion carried.

NEW BUSINESS

SULLIVAN ALLIANCE FOR SUSTAINABILITY – Dick Riesling introduced himself to the board stating he has been a resident of Sullivan County since 1968 and farming here since 1973. He is a member of the Sullivan Alliance for Sustainability which was started in 2004. In 2009 we, who are all volunteers, were asked to be consultants to the Sullivan County Legislature, they have changed the charter and we now have a sustainability committee and a farm committee. We have a program called Community Choice Aggregation (CCA) it is a program only for municipalities. This was ordered by the Governor and the legislature to form such an entity, which six states have done and there are thousands of these around the nation today. We have created a simplified, easy and at no cost at anytime, there is a municipal law there that will allow the town to take charge of its electrical costs and the nature of the electrical mix. Does it come from bio-mix, solar, hydro and in what proportions and how much you pay for it. Mr. Riesling introduced Glen Weinberg of Joule Assets, who has the only working CCA in the state at this time. Mr. Weinberg stated this is a simple municipal policy that allows the city, town or village to authority to move to choose a default energy supply for residents and small businesses in town from Albany to the town. Right now Albany says your default energy supplier will be the same as the monopoly distributor. A CCA will allow the municipality to source their own default supply. It will be done under the terms that the municipality dictates. It is then put out to bid to meet the specifications outlined by the town and then all of the residents and small businesses in town get a better deal. In May of 2016 we launched this downstate with twenty municipalities, we are getting to the two year mark and they have saved roughly eight million dollars, in fact January was the best month so far because it got so cold, cost went up but we had a fixed price. We have 100,000 accounts in our program and we have a fixed price every single month. The bills will still fluctuate each month, depending on how much you use. We are looking to build the second generation of this program here in Sullivan County and upstate and we are looking to integrate a local energy component into the program, so there will be a portfolio of energy resources the town can pick from. Local energy is usually cheaper than anything else you can secure. The town will play a central role in the development of these programs. The law is the town using its home rule authority to do this in the future, if we so choose. It is an exploratory/implementation law. We would then obtain the data from O & R, we will analyze that data and go out and test the market, pre-qualify suppliers and then go out to bid on your behalf. If we can’t get a deal, then no harm, no foul. However, if we get a deal, you lock in on the price for your residents and small businesses, who are free to opt out of the program at any time, for any reason with no penalty. This will only affect the consumer who is with the direct supplier. If a resident already has an alternate supplier, this will not affect their relationship with the alternate supplier. Councilman Budofsky asked what is the motivation of the organization you are with for putting this together. Mr. Weinberg replied we are community choice aggregators, we are essentially a municipal consultant, we would ask you to sign a service agreement with us, the way the state says we are to be compensated is a per kilowatt hour fee. For every kilowatt hour that is used, we get a tiny, tiny percent. It is 0.008 per kilowatt hour that we receive. We also do ongoing management and services to the program, in addition to offering the town other initiatives, such as demand management. Councilman Budofsky then asked how does affect service delivery and charges, under the current suppliers. Mr. Weinberg responded that O & R would remain the monopoly distributor, they will still send the bill, the delivery part of the bill will stay exactly the same. Supervisor Hogue asked what is the average savings per household. Mr. Weinberg replied eight to ten percent on the supply side and again it doesn’t touch the delivery side. Sheldon Pasternack asked how it would work if you had a solar farm in town. Mr. Weinberg replied those are the exact type of local energy projects that the town could actually procure the energy that comes from those solar projects. We would tell O & R how much of this projects energy, you, as a resident are entitled to. Councilman Budofsky asked if consumers can already choose their supplier, what’s the benefit of this. Mr. Weinberg replied we are inverting the system, instead of just choosing from a limited list of suppliers, this is basically coming to the market as a wholesale consumer. Supervisor Hogue thanked everyone for their attendance.

SUMMER RECREATION DIRECTOR – Chuck Vassallo is looking to phase himself out , he still wants to be part of it, but we need to start putting out some feelers, someone to work with Chuck this summer to learn the ropes. It was decided to put this in the newsletter.

CELL TOWER CO-LOCATION APPLICATION – Code Officer Glenn Gabbard has received an application from Verizon to install a receiver on the cell tower at the firehouse. We don’t know where that is at, but we can hope they install it.

PROPOSED SOLAR LAW – The solar committee met on January 11 and reviewed new information and made amendments to the final draft. The board reviewed the amendments. MOTION by Supervisor Hogue, seconded by Councilman Galligan to send this final draft to the planning board for review. Vote: 5 ayes – 0 nays. Motion carried.

2018 PLANS & PROGRESS GRANT PROGRAM - The County has sent out information for different grants that are available. Councilwoman Landis will look into what funds are available and what we may be eligible for. Each board member was asked to review the packet and come back with ideas and suggestions. Matter tabled.

FRANCHISE AGREEMENT – TIME WARNER CABLE/SPECTRUM – Clerk Nagoda notified the board that our franchise agreement with Time Warner/Spectrum expires this year. She suggested putting a few board members together to review the current document, research what can and can’t be requested so that we are ready to negotiate with them. Discussion was held on high speed broadband service across the state. Councilwoman Ellsweig and Supervisor Hogue will review the current agreement. Matter tabled.

JUSTICE COURT AUDIT – The town board reviewed all financial submissions from both Justices Carroll and Gunther for fiscal year 2017 and find all to be in order and accounted for. MOTION by Supervisor Hogue, seconded by Councilman Galligan to approve said audit of the Town of Forestburgh Justice Court for fiscal year 2017. Vote: 5 ayes – 0 nays. Motion carried.

COMMITTEE REPORTS

Planning Board – Heather Jacksy of the Sullivan County Planning Department attended and spoke to use about conservation subdivisions, which is controversial. We are working through the statute and I think we will be able to come up with something to avoid the problems other municipalities have had.

Recreation – Previously discussed and skiing is still going on.

Historian – I am proud to say that our first two historical interviews are up on the website. Two long time residents, Thomas “Bud” McCormick and Olga Parlow generously gave of their time and I am looking forward to interviewing more of our long time residents.

Seniors – We have been sending notes to the residents at Achieve Nursing Home and we continued our knitting of hats, gloves and mittens and for the first time ever we received hand written notes from the children that received them. I will be bringing before the club, the possibility of starting a small scholarship for a graduating resident. We are now meeting on the first Monday of the month, no longer the second. Our speaker will be from Cornell Cooperative Extension on managing illness.

Zoning Review Committee – We are continuing our review of definitions and our next meeting is February 13, at 7:00 p.m. at the town hall.

Solar Committee – Previously discussed.

Fire Department – Very quiet, but Rock Hill has their pancake breakfast on February 11 from 7:00 a.m. to 12:00.

PUBLIC COMMENT –

Gifford Shriver – I am interested in starting a community garden. I have spoken to many of you about this and I have spoken with Sullivan Renaissance, and there may be some grant money. It should be revenue neutral with the exception of some water in the summer. I am looking for some volunteers to help with the building of some raised beds and I have chosen the area down behind the pool as it already has fence on two sides. Before I go any further I would like to have the consensus of the town board, because I will have to come back for additional approvals and plans, etc. The board was unanimous in their support, and suggested including recreation and teaching the kids about growing and nutrition. Ms. Shriver stated one of her thoughts was to do a “pizza garden” and grow the things you need to make pizza.

COUNTY ACTIVITIES – The casino does open to the public next Thursday, February 8, 2018.

ADJOURNMENT – MOTION by Councilman Galligan to adjourn at 9:02 p.m.

Respectfully submitted,

Joanne K. Nagoda,

Town Clerk

................
................

In order to avoid copyright disputes, this page is only a partial summary.

Google Online Preview   Download