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PUBLIC HEARING UPON

PROPOSED LOCAL LAW # 2 OF 2019 ENTITLED

“SUBDIVISION OF LAND”

TOWN OF FORESTBURGH, SULLIVAN COUNTY, NEW YORK

June 6, 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 Parks Landis, Councilwoman

Steve Budofsky, Councilman

Absent – None

Recording

Secretary – Joanne K. Nagoda, Town Clerk

Others

Present – E. Danielle Jose Decker, Attorney for the Town

Richard Robbins, Planning Board Chair

No one spoke in favor or against the proposed local law.

MOTION by Councilman Galligan, seconded by Councilman Budofsky to close the public hearing at 7:02 p.m. Vote: 5 ayes – 0 nays. Motion carried.

Respectfully submitted,

Joanne K. Nagoda,

Town Clerk

The Town of Forestburgh Town Board held their regular monthly meeting on Thursday, June 6, 2019 at the town hall.

Supervisor Hogue called the meeting to order at 7:03 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 Decker, Attorney for the Town

Richard Robbins, Planning Board Chair

Councilman Budofsky read a statement commemorating today’s 75th Anniversary of D-Day.

PUBLIC COMMENT – None

MINUTES – Town Clerk, Joanne Nagoda submitted minutes of the May 2 regular meeting and the special meeting held on May 28, 2019.

MOTION by Councilwoman Landis, seconded by Councilman Ellsweig to accept the minutes of the May 2 meeting. Vote: 4 ayes – 0 nays. Councilman Budofsky abstained due to absence. Motion carried.

MOTION by Councilman Galligan, seconded by Councilman Budofsky to accept the minutes of May 28. Vote: 4 ayes – 0 nays. Councilwoman Landis abstained due to absence.

GENERAL FUND VOUCHERS - #117 -144 in the sum of $9,064.20 as set forth in abstract # 6 were audited for payment. MOTION by Councilman Budofsky, seconded by Councilwoman Landis to pay general fund vouchers. Vote: 4 ayes – 0 nays. Supervisor Hogue abstained due to one voucher being his own. Motion carried.

HIGHWAY FUND VOUCHERS - # 58-82 in the sum of $43,167.87 as set forth in abstract # 6 were reviewed for payment. MOTION by Councilwoman Landis, seconded by Councilman Budofsky to accept the highway fund vouchers. Vote: 4 ayes – 0 nays. Supervisor Hogue abstained due to a claimant being his employer. Motion carried.

REPORTS –

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

Town Clerk, Joanne Nagoda submitted a report of clerk fees and activity for the month of May.

Justices Carroll and Gunther submitted reports of justice court fees and activity for the month of May.

Code Officer Gabbard submitted a report a building department fees and activity for the month of May.

CORRESPONDENCE –

Clerk Nagoda read a letter from Bruce Ellsweig requesting the town enter into a intermunicipal agreement with another town for coverage for the Dog Control Officer for coverage during time off.

Next was a letter from Sullivan Renaissance announcing our grant award of up to $2,500 and outlining guidelines for submittal of paperwork for the funding.

UNFINISHED BUSINESS

BOARD OF ASSESSMENT REVIEW – Carl Amaditz resigned his position on the Board of Assessment Review and we could not find a replacement in time for this year’s grievance day. Mr. Amaditz agreed to return for this year only and was reappointed. So once again there is a vacancy on the Board of Assessment Review.

OLD TOWN HALL ROOF – We have received a grant from Sullivan County in the amount of $4,000 for replacement of the roof on the old town hall. Engineer Gottlieb has very generic specs for roofing that we will get and put this out for bid. Discussion was held on a time frame to hold the bid opening.

MOTION by Councilman Budofsky, seconded by Councilwoman Ellsweig to hold a bid opening on July 8, 2019 at 11:00 a.m. Vote: 5 ayes -0 nays. Motion carried.

DOVE – Our dove has been installed and unveiled. We had the unveiling on May 29, during a tornado warning and in pouring rain. The dove looks beautiful and if you haven’t stopped to see it yet, please do. There is a temporary map of the Dove Trail available and the final one should be out soon. Our Blooming Buddies are working on landscaping the dove area.

911 SIGNS – The only discrepancy we are having on the signs are the three inch high numbers or the four inch high numbers. Discussion was held on other pieces of the proposed legislation that makes it more restrictive besides the size requirements. Discussion was held to possibly hold a public hearing for this. Matter tabled.

IDA RESPONSE – We spoke about the response from the IDA before, however, Councilman Budofsky wasn’t here. Councilman Budofsky stated that a few months back I wrote the IDA stating our concerns and questions that we had. We received their response which fails to address their granting of the tax abatement for a project which was previously approved by the Forestburgh Planning Board. They also ignored our concerns about financial consequences. The IDA did not afford the town an opportunity to be heard outside of the arena of their public hearing. They offer no remedy for our concerns or future tax revenue concerns. Councilman Budofsky explained how their tax abatements shift the tax abatements on to the backs of the resident taxpayers. The IDA receives money from the applicant in an application fee paid to the IDA.

MOTION by Councilman Budofsky, seconded by Supervisor Hogue to opt out of the IDA program.

Discussion was held on the fact that there are two state senators who are exploring much need reform to the IDA policy. This is not just a Sullivan County issue, but a statewide issue. Further discussion was held on our availability to opt back in, after we have opted out.

After discussion, the motion to opt out was withdrawn.

MOTION by Councilman Galligan, seconded by Councilwoman Ellsweig to table this for further information on opting in. Vote: 4 ayes – 1 nay. Motion carried.

2805 STATE ROUTE 42 – Attorney Jose stated that in order for us to have the demolition charges levied to the property owner’s tax bill, I have a resolution that we have to adopt to have that expense placed on the tax bill.

RESOLUTION # 12

A RESOLUTION AUTHORIZING THE TOWN ASSESSOR TO ASSESS THE EXPENSE OF DEMOLITION AND REMOVAL OF AN UNSAFE STRUCTURE AS A LIEN AND ASSESSMENT AGAINST THE PROPERTY, TO BE COLLECTED AS AN AD VALOREM TOWN CHARGE

WHEREAS on December 21, 2017, the Town Board determined that there was an unsafe structure located at 2805 State Rt. 42, in the Town of Forestburgh, provided for notice to be duly served pursuant to Chapter 74 of the Town Code and scheduled a public hearing regarding the issue; and

WHEREAS on February 1, 2018 and March 1, 2018, the Town Board conducted, continued and concluded a duly noticed public hearing regarding the unsafe structure in question; and

WHEREAS after said public hearing, the Board issued an Order continuing its December 21, 2017 Order requiring demolition and removal of the structure(s) located 2805 State Rt. 42, Forestburgh, NY 12777, Town of Forestburgh SBL# 13.-1-1.14, said demolition to commence by March 2, 2018, and be completed by April 30, 2018; and

WHEREAS the Town Board having further Ordered that in the event that such owner, occupant or other person having an interest in said premises shall fail to contest such order and fail to comply with same, the Town Board is authorized to provide for the demolition and removal of such building or structure, to assess all expenses thereof against the land upon which it is located at the same time and in the same manner as general Town taxes; and

WHEREAS the owner having failed to contest such order and having failed to comply with same, and the Town Board having provided for the demolition and removal of such structure and having incurred $24,634.88 in expenses therefore; and

WHEREAS on April 9, 2019, notice of the expenses associated with demolition and removal of the structure was sent to the last known address of the owner (by certified mail, return receipt requested) with a request for reimbursement by May 9, 2019; and

WHEREAS no reimbursement has been received.

NOW, THEREFORE, BE IT RESOLVED that the Town Assessor shall assess the expense of demolition and removal of an unsafe structure ($24,634.88) as a lien and assessment against the property located at 2805 State Rt. 42, Forestburgh, NY 12777, Town of Forestburgh SBL# 13.-1-1.14, to be collected as an ad valorem town charge.

LOCAL LAW # 2 – SUBDIVISIONS – We can’t address this due to the fact we have not yet received the 239-m review from the county. We will hold this over until next month.

NEW BUSINESS

FORESTBURGH SENIOR OF THE YEAR – Congratulations to Sabina Toomey for being named the Senior Citizen of the Year for Forestburgh. This was announced yesterday at the Sullivan County Retired Senior Volunteer luncheon held at the Villa Roma.

SHORT TERM RENTALS – Councilwoman Ellsweig stated that she attended a class that the county held focusing on short term rentals. It was very well done and I forwarded all of the information to the rest of the board members. I think we may want to put this on a future agenda for discussion, because as a board we may want to stay ahead of this.

JULY MEETING DATE CHANGE – Due to the fact that our next meeting is scheduled for July 4th, we will need to change the meeting. Discussion was held on the best date. MOTION by Councilman Budofsky, seconded by Councilwoman Landis to hold the July town board meeting on Thursday, July 11, 2019 at 7:00 in the town hall. Vote: 5 ayes – 0 nays. Motion carried.

COMMITTEE REPORTS –

Planning Board – We had our regular meeting with two agenda items, one was a subdivision in Hartwood creating a lot that had never been recorded. The other item is Lost Lake. I have been contacted by a perspective buyer for the Lost Lake development. Their concern and plan is to operate it as a time share. They wanted some feedback from the planning board. We discussed this at length and we could not take any formal action as we did not have an application. We did provide feedback to them that there is already a portion of approved Lost Lake that is time shares. That is not the case for the single family homes that were approved.

Recreation – Camp is getting ready, the pool is getting cleaned, the pool gates are being adjusted and registration is underway.

Historian – I am happy to say that we have completed the fourth video interviews with the long time Forestburgh family – the Galligan’s which should hopefully be on the website soon.

Seniors – We have a trip coming up to visit Grey Towers in Pennsylvania.

Zoning Review – Next meeting is June 11 at 7:00 at the town hall. We are to the point that we require the assistance of our attorneys and we have been given a grant to offset the cost of the attorneys.

Blooming Buddies – The Dove Trail maps are at the printer and should be available shortly. The letter was read about the grant for the dove garden that is a matching grant. So along with in-kind services, we have to raise some money. If you have been upstairs, outside of the clerk’s office is a pathway stone. We are selling these to the public to help with the matching funds of the grant. The forms to purchase a path stone will be available shortly and you may have them engraved. My question to the board is this, the grant requires us to have signage along Route 42 and I question where out line is opposed to the state’s right of way. Would it be possible for us to put signage on the log barrier behind the dove? Supervisor Hogue stated we have a rough idea of where the right of way is – if we stay on our own property it won’t be an issue.

Sullivan 180 – The meeting that was scheduled for June 19 has been cancelled and will be held on July 17. Diane Lorino who is a licensed massage therapist will be our speaker at that meeting. We have worked out the details to holding yoga classes for Forestburgh; we just haven’t tied down where we are having them. We may do them poolside under the pavilion or on the grass in the yard. There will be 5 classes for $50 and it will be beginner chair and mat yoga. Depending on how well it goes, we will do more classes. In upcoming meetings we have a speaker for NAMI coming, which is the mental health alliance. Thanks to the fire company we will be doing a firehouse tour and a speaker on home safety. That date has yet to be announced. We are also looking to do guided meditation as well as cooking classes and a dietician.

Fire Company – We are up the road, we hope you don’t need us.

PUBLIC COMMENT –

Victor Weinberger – The gentleman that I have is Mr. Lamb and he owns Kings USA Construction. His partners are the largest resort people in the world, mostly in the Asian community. The concern that Mr. Lamb has is, that there are 2,557 homes that are approved. He and his partners did their homework, to build one house, costs approximately $300,000 that is without buying the land. If you buy the land, then t he house is worth $350,000 to $375,000. To build that many homes, takes between 7 to 10 years. There is a line in the contract that says it is approved for 70 time shares, the rest is residential. We are one of several bids right now. One is from a religious community and they will apply for tax abatement. From what I hear, the town depends upon its taxes. Mr. Lamb has said that when they get to work, the first people who will get the work are the people in town. Also, he will build the commercial part first. Which is a losing proposition, but first he will build the golf course and then all of the commercial property. It’s very hard to convince someone to buy a time share without the amenities. Every town resident will always get a 50% discount. All employees and materials will be hired/purchased locally.

Councilman Budofsky asked who would be responsible for the collection of the taxes. Would the group pay the taxes for the time shares? Mr. Weinberger replied the management company would pay the taxes.

Our problem lies in that the owner told us they will only give us 30 days to do our “due diligence” since there are other prospective buyers out there. If the town says no to the time shares, then we are not in a position to purchase the property. This is a Hong Kong group with a track record and when you have that many homes and time shares, they will also provide a 24 hour urgent care on site, and again, anyone in town can use that doctor. The other item we are looking at is the commercial property that is approved, is not prudent. You have one commercial area here and another one over there and a third one here surrounded by residential homes. He doesn’t want to change anything; he just wants commercial area to be in one area. This way the commercial noise doesn’t interfere with the residential areas. The benefits to the town, you have someone with a proven record to pay the taxes, and this could put the town on the map. Thank you for your time.

Supervisor Hogue replied that the planning board has the jurisdiction for the site plan review. Thank you for coming a presenting it to town.

Nancy Fredericks – When will Local Law # 2 be adopted and the moratorium lifted? Attorney Jose stated once we get the 239-m review from the county, the board can adopt it that night.

Susan Hawvermale – Is there a reason why we don’t have a reciprocal agreement with another town for a dog control officer? Supervisor Hogue replied we never the need for it and there is a cost associated with it. Discussion was on an agreement, the cost and both municipalities being in agreement on it.

Sabina Toomey –At one time wasn’t there talk of a county wide kennel? Supervisor Hogue replied it was discussed but it became a cost and placement issue.

Millie Hogue – In my heart, I knew this Lost Lake would be sold. There it is, I agree with Councilman Budofsky 100% and I’m very upset that a few people want to wait and see what we need to do to opt back in. It Lost Lake is sold, here we go. Where do we end up if Lost Lake goes to the IDA or the IDA approaches them? I’m sorry we didn’t opt out and when we have to worry about opting back in – just do it. Here we go….there’s Lost Lake. I’m sorry, I’m just upset.

ADJOURNMENT – MOTION by Councilman Galligan to adjourn at 8:34 p.m.

Respectfully submitted,

Joanne K. Nagoda,

Town Clerk

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