Forestburgh, New York



The Town of Forestburgh Town Board held its regular monthly meeting on Thursday, March 7, 2019 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 Landis, Councilwoman

Steve Budofsky, Councilman

Absent – None

Recording

Secretary – Joanne K. Nagoda, Town Clerk

Others

Present – E. Danielle Jose, Attorney for the Town

Louis Alvarez, County Legislative Chair

Nadia Rajsz, District 2 Legislator

Mike Schiff, Sullivan County Sheriff

PUBLIC COMMENT –

Sabina Toomey – I would like everyone to know that Supervisor Hogue and his secretary, Wendy Wells have been on a lengthy journey with me regarding funding for the old town hall. While I have never spoken directly to Assemblywoman Gunther, only her staff we are very frustrated to only be told that we aren’t asking for enough money and that her response to us has been so poor and it’s very frustrating. I just found out through the county there is a grant available for $10,000 and I am going to pursue that. I do have $2,000 in an account solely for the old town hall, and that money came from the residents of the town when I sent out letters asking to help save the old town hall. I had the board’s permission to do that and I feel badly and responsible that that money is still sitting there. I would like to ask that that money be put towards fixing the roof. I’m not giving up the foundation of the old town hall but this whole thing has been very frustrating.

LEGISLATIVE CHAIRMAN – LOUIS ALVAREZ – Supervisor Hogue introduced our Chari of the County Legislature, Louis Alvarez and District # 2 Legislator, Nadia Rajsz. Chair Alvarez thanked the board for allowing him to speak and stated that the county is progressing a lot. With the opening of the casino, the YO 1 health center, the new water park that is getting ready to open. We are trying hard to find other business to help make us a destination. There are over 200 million people looking at Sullivan County and what the county has to offer. We average 4 million visitors annually. This year is also the 50th Anniversary of the Woodstock Festival, so we are really promoting that and Bethel Woods. The Governor has approved the re-naming of Route 17B to “Woodstock Way”. We have created a Dove Trail and every dove will be different and there will be a map we are encouraging everyone to go see the doves in every town and take pictures and see what is in each town. Our unemployment is down to 3% and for the first time, we actually have more people working in the winter than in the summer. We have collected over $300,000 in mortgage taxes and we are hovering around 45 million dollars in sales tax. We don’t know what the Governor and Albany are going to do, we just got a letter about internet sales tax and we don’t know how that will play out. Supposedly the county will be in charge of that and pay the towns from that; this is supposed to replace the AIM money they took from the budgets. We just got the letter today and they are projecting one million dollars, but who knows. The county won’t be able to use this money; it will be for the towns.

This year we are re-paving 26 miles of county roads and rebuilding 4 bridges. That will be 11 million dollars in bridge repairs alone. We support the Partnership for Economic Development in their push for a third lane on Route 17, which would help us a lot. The Center for Discovery is creating a hospital and a teaching hospital. This will be a children’s hospital and right now the nearest one is in Westchester County. To have a children’s hospital like that here, there is no heavy traffic, we have great hotels close by and great food. It is a blessing for us. Our downtown’s are seeing a lot of rehab, we are sending kids to camp through t he Youth Bureau and the Sheriff’s Department and the DEC has camps as well. At Halloween we had over 2,000 kids come through the government center through the Youth Bureau. We are also funding School Resource Officers (RSO’s) and this is important, those officers who are in the schools, he knows his kids, he knows their parents, knows who belongs in that school. After being a SRO I now see more and more of my kids who are troopers, deputies, nurses. And as an SRO they know that building, inside and out for added security.

We are working on our parks and our solid waste division recycled over a half of a million tons of garbage. This year we are working on our comprehensive plan for the county and we need the towns to be with us. We can’t work independent of each other, we have to work together. We are funding and supporting the Delaware Arts Alliance, the weekly Farmer’s Markets, we are promoting ourselves to bring your warehouse and your industry here. We are trying to attract Amazon here with our airport, Amazon does shipping for many others companies and right now they fly out of Scranton, PA and we are trying to attract them to come here. The land that we own that we were going to use to expand the landfill, we are now going to use that for light industry. DPW is also sharing personnel with other towns and we want to share out equipment to the towns that need it. You can say what you want about Sullivan County but when somebody is in trouble and needs help, we are there. During the last two storms, the Sheriff and I were in Lumberland, Highland, Tusten and here. And it’s unbelievable how the people of Sullivan County come together when there is a crisis. They move and get it done.

Our IT department is starting in June with Broadband service. They are starting with Monticello first, that means from your home and phone, you will be able to get Wi-Fi and it will extended through all of Sullivan County. You will have to subscribe to it and there will be a fee, the county will run it and we will be one of the first counties to do this. We have the land bank, which is taking down buildings and fixing buildings. We are not there to make a profit or compete with the realtors. Supervisor Hogue asked if the land bank is costing money or if it’s broken even. Chair Alvarez stated they are breaking even, and the money comes from the Attorney General’s Office that has been confiscated. This year we are opening our new jail and patrol division. The new jail facility is incredible. After all these years, it’s finally done and its state of the art. There are four medical units and one mental health unit. There will be physician’s assistants, RN’s, LPN’s – a big difference. We have also already this year had our 100th arrest for welfare fraud through the Department of Family Services. We are increasing our contract salary up to $15.00 per hour, we hope to have all of our contracts signed with the last two units this year. Supervisor Hogue asked if the contacts will be signed for those going into arbitration. We are going into negotiations with the CSEA now to complete a contract with them. Supervisor Hogue stated that six years without a contract is a long time.

Sabina Toomey stated that it pains her to see that our inmates are treated better than our seniors. We know how spread out our county is, and the major thing with our seniors and the volunteers that provide medical transportation, is that they are isolated. There is no public transportation; they don’t always have access to their doctors. If you are on welfare, your get carte blanche, but if you are on medicare, you fall between the cracks. You may have a car, but you may not be able to drive it. The seniors get no help. In years past, you have spent over $200,000 evaluating this transportation issue in the county, and in all these years, not one thing has been done. You spend thousands on consultants and nothing is resolved. Legislator Rajsz stated they hire Ruth Ann in transportation and she is introducing a plan this April to get from town to town. Ms. Toomey continued that we no longer have our own place for victims of domestic violence. They are picked up by the police and then taken to Orange County. Chair Alvarez stated in the beginning that was true, we had no one to handle these cases, but we have someone to handle this and we do now have our own facility.

Supervisor Hogue thanked everyone for coming and stated that we all have to work together, and we all want to see Sullivan County succeed and I think we should put our heads together more often than we do, to promote it and come up with different ideas. Legislator Rajsz stated that the councils of government have to meet more often and be more in touch to share problems and issues. Supervisor Hogue agreed.

Sheldon Pasternak spoke of second homeowners who pay taxes and school taxes for services they don’t use. You are charging them for a student that isn’t in that school, yet the school taxes constantly go up at an incredible rate. Why do our taxes keep going up and it’s about 33% who pay the school taxes and don’t use the schools. Supervisor Hogue stated it’s a good question but it’s to the wrong group. Legislator Rajsz stated that at the last New York State Association of Counties (NYSAC) someone brought up all of the school administrators and their salaries. If you look at all of the school districts here in Sullivan County, why can’t we have one Superintendent from BOCES overseeing all of the school districts? Why can’t they consolidate? The Governor wants us to consolidate and share services, why aren’t the schools mandated? Mr. Pasternack agreed fully. He stated what about all of the money that is supposedly ear marked for education? Where is that money? Legislator Rajsz stated the county never received the 7 million dollars that was promised from the casino; we got 1.5 million, maybe. Chairman Alvarez stated we haven’t received the money that we were supposed to and we are still short. It’s not that we don’t want to work with the towns, we do, but we have to balance ourselves and we have no idea where we are going. When we got the letter about the internet sales tax, that said we are giving you one million dollars but then you read further and it says that it has to go to the towns, and they took away the AIM money from the towns, which they should have left, so now that one million dollars is supposed replace the AIM funding.

Supervisor Hogue thanked Chair Alvarez and Legislator Rajsz for joining us.

REPORTS –

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

Clerk Nagoda submitted a report of clerk fees and activity for February 2019.

Justices Carroll and Gunther submitted reports for justice court fees and activities for February 2019.

Code Officer Gabbard submitted a report of building fees and activity for the months of January and February 2019.

Highway Superintendent Ruggeri stated that DP Disposal won the bid for the containers for spring clean up. He also submitted information on the possible purchase of a used truck from Auctions International. It is a 2010 Mack truck and body. I have submitted a request to use the funds in my budget line. The bidding on the truck ends on the 13th of March. I have gone up and looked at the truck, it is in good shape. Discussion was held on if it came with a plow (it does not – only a wing plow) the plow is also available on auction. MOTION by Supervisor Hogue, seconded by Councilman Budofsky to authorize Superintendent Ruggeri to bid on the truck not to exceed $55,000. Vote: 5 ayes – 0 nays. Motion carried.

MINUTES –

Clerk Nagoda submitted minutes of the regular town board meeting of February 7, 2019 for review. MOTION by Councilwoman Landis, seconded by Councilman Galligan to accept the minutes of the regular February meeting. Vote: 5 ayes – 0 nays. Motion carried.

GENERAL FUND VOUCHERS - # 36 – 66 in the sum of $10,414.49 as set forth in abstract # 3 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 - # 8 – 23 in the sum of $47,204.03 as set forth in abstract # 3 were reviewed for payment. MOTION by Councilman Galligan, seconded by Councilman Budofsky to accept the highway fund vouchers. Vote: 5 ayes – 0 nays. Motion carried.

CORRESPONDENCE –

Clerk Nagoda read a letter from the Sullivan County Treasurer that there had been an oversight in the solid waste user fee and that several municipalities were charged the wrong amount. They included a list of Corrections of Errors and we will be receiving a refund since we had paid the higher amount.

Secondly, Clerk Nagoda a letter from Carl Amaditz resigning from his position on the Board of Assessment Review, after 18 years he feels it is time for new blood. The board accepted, with great regret the resignation of Mr. Amaditz.

OLD BUSINESS

2805 STATE ROUTE 42 – This structure is ready for demolition on Monday, March 11. The electric meter has been removed; we have contracted with Delta Air Quality for air quality testing so we are good to go. Once the demolition is complete and we have all of the bills, it will be sent to the property owner for payment. If he does not pay the invoices, it will be put on his tax bill for the property. Councilwoman Ellsweig will contact the county with regard to moving forward with the grant for the tipping fees and how to proceed from here.

PUBLIC HEARING FOR PROPOSED LOCAL LAW – SUBDIVISIONS –

RESOLUTION # 3

RESOLUTION OF THE TOWN BOARD OF THE TOWN OF FORESTBURGH SETTING A TIME AND PLACE FOR A PUBLIC HEARING WITH RESPECT TO

PROPOSED LOCAL LAW 2 OF 2019 ENTITLED

“SUBDIVISION OF LAND”

WHEREAS, the Town Board of the Town of Forestburgh is considering the adoption of a new local law providing for the regulation subdivisions within Town of Forestburgh, and said action, if approved, would appear to constitute an Type I action under the New York State Environmental Quality Review Act (SEQRA); and

WHEREAS, the Town Board of the Town of Forestburgh previously declared itself lead agency with respect to the proposed action; and

WHEREAS, Notice of Lead Agency was sent to interested and involved agencies who have not objected to same despite the passage of thirty (30) days; and

WHEREAS, Part One of a long form Environmental Assessment Form (EAF) has been completed; and

WHEREAS, the Town Board of the Town of Forestburgh wishes to set a time and place for a public hearing with respect to proposed Local Law 2 of 2019 entitled (Subdivision of Land(, so that the public may be heard and so that the environmental impact of the proposed action can be considered; and

WHEREAS, the Town Board of the Town of Forestburgh has also determined that the proposed action is subject to review by the Sullivan County Division of Planning and Environmental Management for pursuant to General Municipal Law 239-m and the Town of Forestburgh Planning Board for its report.

NOW, THEREFORE, it is hereby

RESOLVED, that a public hearing be held by the Town Board of the Town of Forestburgh with respect to the aforesaid proposed Local Law at 7:00 p.m., on April 4, 2019, at Town of Forestburgh Town Hall, 332 King Rd., Forestburgh, New York; and it is further

RESOLVED, that the environmental significance of said proposed Local Law will be reviewed by the Town Board of the Town of Forestburgh following said public hearing; and it is further

RESOLVED, that the Town Clerk is hereby authorized and directed to cause public notice of said hearing to be given as provided by law; and it is further,

RESOLVED, that the Town Board of the Town of Forestburgh hereby refers the adoption of the proposed Local Law 2 of 2019 entitled “Subdivision of Land”, to the Sullivan County Division of Planning and Environmental Management for review pursuant to General Municipal Law 239-m and to the Town of Forestburgh Planning Board for its Report; and it is further

RESOLVED, that the Town Clerk is hereby authorized and directed to cause public notice of said hearing to be given at least 10 days prior to said hearing to the clerks of any neighboring municipalities (including the county), the clerk of any parkway authorities within the Town of Forestburgh and the executive director of any housing authorities within the Town of Forestburgh, pursuant to Town Law section 264.

MOTION by Councilman Budofsky, seconded by Councilwoman Landis to adopt said resolution for the public hearing on the proposed subdivision law. Vote: 5 ayes – 0 nays. Motion carried.

LETTER TO THE IDA – Councilman Budofsky distributed a draft copy of the body of the proposed letter to the IDA with regard to their tax abatements for new business. Councilman Budofsky read the proposed letter questioning their granting of large abatements to an already approved project and the financial implications to the resident taxpayers. Discussion was held on recent state legislators claiming discrepancies with IDA’s, school districts being included to comment/participate, the option to opt in or out of IDA participation. MOTION by Councilman Galligan, seconded by Councilwoman Ellsweig to send the letter and copy our legislators, senate and assembly and to request a written response. Vote: 5 ayes – 0 nays. Motion carried.

CAMERAS – We finally got the second quote, the last quote was about $7,000 per site, this quote is for $2,770 per site. Discussion was held on quality of the equipment, the possibility of a SAM (State Aid to Municipalities) grant, holding off and applying for a JCAP (justice court) grant. Councilwoman Ellsweig asked if we could get an extension on the bid until we can do the JCAP grant in the fall. Supervisor Hogue didn’t see a problem with getting an extension. Also to see about adding a camera upstairs in the hallway as discussed previously. Matter tabled.

OLD TOWN HALL ROOF – We had a quote last month and we figure it will be $7 - $10,000 to replace the whole roof. Supervisor Hogue has not spoken in depth with Engineer Gottlieb about it for specs, but we can’t do it now anyway, so we have a little time. We will also try to find some money through a grant of something to help the cost. Matter tabled.

DOVE - I will be picking up the dove on Wednesday, the 13th and delivering it to Brenda Sywalski for painting.

9-1-1 SIGNS – Attorney Jose got everything incorporated into the local law that the fire company had asked for and created the new proposed local law. So, we are introducing this as proposed Local Law # 3 of 2019 for review.

MOTION by Councilman Galligan, seconded by Councilwoman Landis to introduce Local Law # 3 of 2019 entitled “Buildings, Numbering Of”. Vote: 5 ayes – 0 nays. Motion carried.

RECREATION FUNDRAISER – There are some parents from recreation who are looking to do a fundraiser at the firehouse. There are questions and concerns about insurance, and the town not being able to hold a “fundraiser” to enhance some programs. Discussion was held on the legalities of a group to form a club in order to raise additional funds. Attorney Jose will do some research on this. Matter tabled.

MORATORIUM EXTENSION – Attorney Jose stated that she never reminded us that the moratorium expires on April 4th, which is also our next board meeting. We are assuming that the board will pass the subdivision regulations, but something may happen where we don’t. I have prepared a resolution to extend the moratorium and if the subdivision regulations get passed, it will rescind the moratorium.

Resolution # 5

RESOLUTION EXTENDING TEMPORARY TOWN-WIDE MORATORIUM ON LARGE SUBDIVISIONS

WHEREAS the Town Board adopted a local law imposing a temporary town-wide moratorium on the processing of applications for and the issuance of any approvals or permits for major subdivisions in the Town of Forestburgh on October 4, 2018; and

WHEREAS, the local law provided two opportunities for the Town to extend same for 6 months by resolution; and

WHEREAS, while the Town Board is in the process of considering a revised subdivision code, the proceedings may not be complete by April 4, 2019, the sunset date of the initial moratorium period; and

WHEREAS, it is therefore prudent to extend the moratorium so the Town can complete the process in accordance with the applicable laws and procedures;

NOW THEREFORE, BE IT RESOLVED by the Town of Forestburgh that the temporary town-wide moratorium on the processing of applications for and the issuance of any approvals or permits for major subdivisions in the Town of Forestburgh is hereby extended for six months.

MOTION by Councilwoman Landis, seconded by Councilwoman Ellsweig to adopt said resolution extending the moratorium. Vote: 5 ayes – 0 nays. Motion carried.

NEW BUSINESS

DEFERRED COMPENSATION RESOLUTION – Years ago the town entered into a deferred compensation program, kind of similar to a 401K pre-tax retirement program for municipal employees only. In the last 20-25 years, it was taken over by Nationwide. It is solely funded by the employee; the town has nothing to do with it other than the payroll deduction. It is now known as the Nationwide New York State Deferred Compensation Plan, the new plan allows you to put money in pre-tax and it now allows you take up to $20,000 a year out tax free. The other plan you were taxed on any withdrawal you made. This resolution is just to update the plan.

RESOLUTION # 4

Adoption of the State of New York Deferred Compensation Plan

WHEREAS, the Town of Forestburgh wishes to adopt the Deferred Compensation Plan for Employees of the State of New York and Other Participating Public Jurisdictions (the “Plan”) for voluntary participation of all eligible employees; and

WHEREAS, the Town of Forestburgh is a local public employer eligible to adopt the Plan pursuant to Section 5 of the State Finance Law* and

WHEREAS, the Town of Forestburgh has reviewed the Plan established in accordance with Section 457 of the Internal Revenue Code and Section 5 of the State Finance Law of the State of New York; and

WHEREAS, the purpose of the Plan is to encourage employees to make and continue careers with the Town of Forestburgh by providing eligible employees with a convenient and tax-favored method of saving on a regular and long-favored method of saving on a regular and long-term basis and thereby provide for their retirement.;

NOW, THEREFORE, it is hereby:

RESOLVED, that the Town of Forestburgh hereby adopts the Plan for the voluntary participation of all eligible employees; and it is further

RESOLVED, that the appropriate officials of the Town of Forestburgh are hereby authorized to take such actions and enter such agreements as are required or necessary for the adoption, implementation, and maintenance of the Plan: and it is further

RESOLVED, that the Administrative Services Agency is hereby authorized to file copies of these resolutions and other required documents with the President of the State of New York Civil Service Commission.

Adopted the 7th day of March , 2019, at a meeting of the Town of Forestburgh Town Board.

I hereby certify that the Town of Forestburgh is a local public employer within the meaning of Section 5 of the State Finance Law and that the adoption of the Plan has received all required approvals of any local governing body or officer and otherwise complies with local law.

*A local public employer eligible to adopt the Plan pursuant to Section 5 of the State Finance Law includes: a county, city, town, village or other political subdivision as defined in Section 131 of the retirement and Social Security law or civil division of the State; a school district or other governmental entity operation a public school, college, or university; a public improvement or special district, a public authority, commission, or public benefit corporation; or any other public corporation, agency or instrumentality or unity of government which exercises governmental powers under the laws of the State.

MOTION by Councilwoman Landis, seconded by Councilman Budofsky to adopt the revised New York State Deferred Compensation Plan. Vote: 5 ayes – 0 nays. Motion carried.

GOVERNOR’S ROAD FUNDING – Supervisor Hogue stated that late today he received an e-mail that the Governor is releasing 473 million dollars for infrastructure repair on New York State highways. They will be repaving Route 42 from the Orange County line to Breaky Avenue in Monticello. 2.1 million dollars to repave that stretch of road.

TAX SHARE RESPONSE FROM COUNTY – The Supervisors and the Highway Superintendents have been in discussion with the county for five or six years now about sharing of the sales tax revenue. Former Liberty Supervisor, Charlie Barbuti came up with a great formula to share the funds. Last week we received a letter from Chairman Alvarez that the legislators do not want to share the funds with the towns. We had requested a formal vote, but they did not honor that either.

SIGN GRANT – Councilwoman Landis stated that she is submitting the sign grant to the county tomorrow to hopefully get funding to replace the welcome signs at the entrance to town hall.

Clerk Nagoda stated that the signs and the freight come to $1,007.22. It was decided to hold off on the purchase until we hear from the county. MOTION by Supervisor Hogue, seconded by Councilman Budofsky to move forward with the sign grant and wait on purchase. Vote: 5 ayes – 0 nays. Motion carried.

COMMITTEE REPORTS

Planning Board – At their February meeting they reviewed an application to subdivide some property. We discussed some issues with the applicant who will revise the application.

Recreation – No report

Forestburgh Day – No report

Historian – I voiced my concerns earlier in the meeting.

Seniors – We had an interesting gentleman from Cornell Cooperative Extension at the last meeting telling us how to check the energy efficiency of our homes, and where to apply if you assistance with your heating costs. We will be going for lunch at the Apple Valley later in the month.

Zoning Review – Next meeting is March 12 from 7 – 9 here at town hall. The volunteers have put in hundreds of hours and saved the town tons of money, however at this point, we are now to the point that we need legal assistance. Committee member Katherine Barnhart will give you more information on this: Katherine stated that she has heard there are rumors that there is grant funding available for this. We are at that point and I have spoken with Freda Eisenberg at the County Planning Department, she sent me the paperwork that is due tomorrow. I have estimated $10,000 if the committee goes for another year. Attorney Ricciani will be attending the meetings and the grant for $10,000 would cover her. We would have to pay $2,000 of that and the county would pay the other $8,000. It is my understanding that there are not a lot of applicants for this grant, so it sounds like we have a good chance. I just need the board approval to apply for this grant. MOTION by Supervisor Hogue, seconded by Councilman Galligan to move forward with the grant application for attorney’s fees for the zoning rewrite. Vote: 5 ayes – 0 nays. Motion carried.

Sullivan Renaissance – Supervisor Hogue stated there is a small ($500) grant available to offset the cost of paints and things needed for the dove. MOTION by Supervisor Hogue, seconded by Councilwoman Landis to authorize Councilwoman Ellsweig to pursue the Renaissance grant to offset the dove expenses. Vote: 5 ayes – 0 nays. Motion carried.

Supervisor Hogue also announced that Forestburgh has been awarded the $2,500 grant from Sullivan Renaissance, this is a maintenance grant, this will be used at the Veteran’s Triangle and the Dove garden and it is not a grant being judged. It will be less pressure on the group and more time doing things as opposed to fighting deadlines. Councilwoman Ellsweig stated part of the money is for the Dove garden and maintaining the seven welcome signs that we did last year and a little work on the Eagle Garden too.

Sullivan 180 – We had our first meeting on February 27 and we had over 15 people there. There were two speakers from Sullivan 180. Our next meeting is on March 27 from 5:30 – 6:30 and everyone who was there had homework to bring a friend to the next meeting, so we are hoping for 30. All are welcome. The speaker for the next meeting is Dr. Bruce Ellsweig who will speak about “Blue Zones” which areas that there is scientific research are showing why the people who live there, live longer. Councilwoman Ellsweig asked the board if there is any funding for the initial cost of an exercise instructor. Discussion was held on types of instructors, getting people involved by offering a free first class. Supervisor Hogue stated we could probably find a little money somewhere.

Fire Company - Corned Beef Dinner on Saturday, March 16 from 5 – 8 p.m.

PUBLIC COMMENT –

Alan Kesten – On behalf of the Fire District, our referendum was held on the 26th and passed. The contract for the new truck will signed this Tuesday night at our commissioners meeting. WE anticipate about 300 days, so we should have our new truck right after the beginning of the New Year.

EXECUTIVE SESSION – MOTION by Councilwoman Landis, seconded by Councilwoman Ellsweig to enter into executive session for the purpose of litigation and invite Attorney Jose into said session. Vote: 5ayes – 0 nays. Motion carried.

MOTION by Supervisor Hogue, seconded by Councilman Galligan to reconvene into regular session. Vote: 5 ayes -0 nays. Motion carried.

MOTION by Councilman Budofsky, seconded by Supervisor Hogue to allow the Town to do a 2019 value of $1,800 per acre for the new combined Kellogg parcel of 408.69 acres provided that the tax cert proceeding 2017 (Index # 2017-1290) is discontinued by the petitioner and providing the owner sign a binding covenant not to sue for the roll of 2019,2020 and 2021. Vote: 5 ayes – 0 nays. Motion carried.

ADJOURNMENT – MOTION by Councilman Galligan to adjourn at 9:54 p.m.

Respectfully submitted,

Joanne K. Nagoda,

Town Clerk

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