Town of Forestburgh – Sullivan County NY



*****DRAFT*****

PUBLIC HEARING UPON

PROPOSED LOCAL LAW # 3 OF 2017 ENTITLED

“KENNELS”

TOWN OF FORESTBURGH, SULLIVAN COUNTY, NEW YORK

April 6, 2017

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

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

Katherine L. Barnhart, Councilwoman

Steve Budofsky, Councilman

Absent – John W. Galligan, Councilman

Susan Parks Landis, Councilwoman

Recording

Secretary - Joanne K. Nagoda, Town Clerk

Others

Present – E. Danielle Jose, Attorney for the town

Luis Alvarez, Chairman, Sullivan County Legislature

Nadia Rajsz, District 2 Legislator

Attorney Jose stated that the proposed legislation is the same that we held a public hearing on last month. The only change being, after comments received at the last public hearing the board decided to increase the set back distance from 200 feet to 500 feet. There are no other changes.

No one spoke in favor or against the proposed legislation.

MOTION by Councilwoman Barnhart, seconded by Councilman Budofsky to close the public hearing at 7:01 p.m.

Respectfully submitted,

Joanne K. Nagoda,

Town Clerk

*****DRAFT*****

The Town of Forestburgh Town Board held their regular monthly meeting on Thursday, April 6, 2017 in the town hall.

Supervisor Hogue called the meeting to order at 7:02 p.m.

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

Katherine L. Barnhart, Councilwoman

Steve Budofsky, Councilman

Absent – John W. Galligan, Councilman

Susan Parks Landis, Councilwoman

Recording

Secretary - Joanne K. Nagoda, Town Clerk

Others

Present – E. Danielle Jose, Attorney for the town

Luis Alvarez, Chairman, Sullivan County Legislature

Nadia Rajsz, District 2 Legislator

REPORTS –

Supervisor Hogue submitted a monthly financial report for the month of March 2017.

Town Clerk, Joanne Nagoda submitted a report of monthly clerk fees and activity for March 2017.

Justices Carroll and Gunther submitted monthly reports of justice court fees and activity for March 2017.

PUBLIC COMMENT - None.

MINUTES – Town Clerk, Joanne Nagoda submitted minutes for the February 2, 2017 public hearing and regular meeting and the March 2, 2017 public hearings and regular meeting for review. MOTION by Councilwoman Barnhart, seconded by Councilman Budofsky to accept the minutes. Vote: 3 ayes – 0 nays. Motion carried.

GENERAL FUND VOUCHER S- #58 – 96 in the sum of $25,217.50 as set forth in abstract #4 were audited for payment. MOTION by Councilwoman Barnhart, seconded by Councilman Budofsky to pay general fund vouchers. Vote: 3 ayes – 0 nays. Motion carried.

HIGHWAY FUND VOUCHERS - #35-58 in the sum of $65,579.06 as set forth in abstract # 4 were reviewed for payment. MOTION by Councilman Budofsky, seconded by Councilwoman Barnhart to accept highway fund vouchers. Vote: 3 ayes – 0 nays. Motion carried.

ESCROW FUND VOUCHERS - #1-2 in the sum of $890.00 as set forth in abstract # 1 were audited for payment. MOTION by Councilwoman Barnhart, seconded by Councilman Budofsky to pay escrow fund vouchers. Vote: 3 ayes – 0 nays. Motion carried.

LEGISLATOR CHAIR LUIS ALVAREZ – Supervisor Hogue turned the floor over to Legislative Chair, Luis Alvarez. Chairman Alvarez stated that he just gave the state of the county presentation and he would like to highlight some of the things that were addressed. I am committed to working together with my fellow legislators, county officials, towns and villages to share in the economic growth and vitality in Sullivan County. One indication that the county is moving forward and growing is the sales tax revenue, which has increased by five million dollars, mortgage tax has increased by 2.4 and we have acquired over 5.2 million dollars in grants. This has given the county a strong financial status. We are currently negotiating a very good contract with the county employees. Right now, no matter how you look at it, our county employee’s are being paid below the poverty level. It is very difficult to try to raise their salaries and not raise the taxes. I saw this very often in the Sheriff’s Department, you hire someone, train them, get them to where they really know what they are doing and they leave us. They work for a year or so and leave us to go somewhere else for a better salary. All of that time and money spent on training is gone. In social services we have recovered more money from fraud than we had three years ago. Recent studies show that tourism accounted for $388 million dollars in spending which generated $26 million dollars for the county. Last year Governor Cuomo and other state officials were here and walked with us to help promote tourism, he walked our trails, kayaked in our waters, fished in our streams, played golf and biked our roads and enjoyed our restaurants in Sullivan County. Work continues on the Adelaar/Montreign casino, hotel and world class Water Park, they are re-doing the golf course. This will generate over $100 million dollars in tax revenue in increase the economic status of the region. The project will employ of 4,000 people during construction and once construction is complete it will create approximately 300 more jobs in our region. We also have the Veria Wellness Resort being constructed at the site of the former Kutsher’s Hotel. I just found out today that a company that constructs specialized carbon material that is used in airplanes is coming to Sullivan County with a twenty year contract. We are bringing more business into Sullivan County. The county along with our partner, the Sullivan County Visitor’s Association is preparing to construct a visitor’s center located somewhere along Route 17. The future of Sullivan County is bright, but we are struggling with our health. In the last state report Sullivan County is ranked 61 out of 62 for poor health. This is where you can help us. Since learning of this the legislature has walked together with the county manager, public health and the planning department, Catskill Regional Medical Center and other agencies to see how we can work together to improve the overall health in Sullivan County. The legislature is currently working on legislation that will prohibit the sale of tobacco to anyone under the age of 21. The county is looking for healthier food options for the 2,000 county employees for meetings and other events. We are working on completing hiking trails that the Governor wants connected from NYC to Albany, our trails will connect with all other trails in other counties. City residents used to come to our mountains for the mountain air to help cure tuberculosis and other ailments. Today we are home to many health care facilities, such as Catskill Regional Medical Center and Crystal Run Health Care. Public Safety – we will continue to work with law enforcement agencies and the District Attorney’s Office to ensure that residents are safe in their homes and communities. We have embarked on the construction of a new jail. I can remember when the state shut down our jail and that was back when Joe Wasser was Sheriff. The new facility is expected to open in the fall of 2018, the cells are pre-constructed and I believe the first one is arriving tomorrow. The new jail will be safer for our employees and inmates alike. Unsafe and unhealthy conditions exist in our jail, which is the oldest in the state. According to the Attorney General’s office the new jail facility will save the county over $231 million dollars over the new 21 years.

I would like to commend Sheriff Mike Schiff and Under Sheriff Chabody and District Jim Farrell for their dedication and strict prosecution of criminal matters. Sadly, Sullivan County has not been spared by the opiate epidemic that is nationwide. We had two deaths today. The widespread use of drugs in our county is a threat to public safety and health. In the last year, pistol permit applications have increased by 700, I would like to commend County Clerk, Dan Briggs and the County Judges for handling the increase in applications efficiently. Our roads need a lot of repair and the towns cannot do this alone. The county doesn’t have all of the resources that it needs, all we do prioritize and sometimes it’s not right. We listen to the highway superintendents, how can the towns and the county work together – we will get it accomplished by working together on this. Governor Cuomo has pushed for more work to be done on Interstate 86 also known as Route 17, it will be taken up to three full lanes, from Harriman to Monticello, and when these three lanes are complete, people won’t be stuck in traffic and can come to Sullivan County and spend their money with us. We have gotten the Sullivan County Land Bank up and running. We are working with the Villages of Monticello and Liberty to take abandoned homes and rebuild them and sell them. We aren’t making any profit on it; we just want to get this property back on the market. These are houses that are being foreclosed on, we are not in the real estate market and we are not competing with any brokers.

We are currently trying to re-locate our Veteran’s Services office so they can have more room and privacy that they don’t have in their current location.

In September of this year, we are starting an internship program. Every high school in the county is going to be sending us two students, there will be a curriculum, and they will spend time with the legislator’s and time in each department. Maybe if we can get them to understand what government is and how it works, maybe we can get them to stay here. Our youth are leaving and not returning. They are our future.

We are only nine legislators; we must have and hear your voices, your ideas and your support. Walking together we can find solutions to our challenges. We will listen to your voices and that is the only way our friends, families, brothers and sisters can prosper. We have accomplished so much, but there is much more to achieve. Thank you for listening to me, God Bless you and Sullivan County. Thank you.

NADIA RAJSZ, DISTRICT 2 LEGISLATOR – Good evening. I thought being a town supervisor was a ride, but working with these eight legislators, the first year was a learning curve, but we have managed to get a lot done. What Chairman Alvarez said about the jail, I am glad we went over that hurdle and finally passed it, after twenty years of bickering over it. I know it’s a burden to the taxpayer, but if any of you had gone through our current jail, you would be horrified. I don’t know how anyone can work in such dilapidated conditions. We talk about health and safety, we need a new jail. We worked together, regardless of political affiliations, which is what I like about this group of legislative body. Focusing on Sullivan County being 61 out of 62 counties, with our health being in the gutter, we have healthy committees trying to see what we can do to improve the health status of not only our residents, but our employees. We are working to pass the legislation of no sales of tobacco to anyone under 21. 58% of residents are in favor of the over 21 law. I have with me, petitions, if anyone is in favor of this law, please sign one and leave it with your town clerk, I will pick them up. We have a public hearing on this on Thursday, April 20.

We are working on putting together a public forum, sometime in June, it will be focusing on opiate epidemic, it is a horrific epidemic and it is everywhere. There is not one town in this county that is excluded from it.

I am polling my town’s for the tonnage allotment granted for clean up. Last year you were 15.5 tons, if you would like it increased, the committee will meet in two weeks.

Lastly, as an FYI, in November on the ballot is the constitutional amendment, the constitutional convention. If it passes, which I doubt, it comes up every twenty years, if it passes the Governor then has to put together a commission to review our constitution and see if some of the issues in the constitution should be amended. One of those that we hope would be looked at are the unfunded mandates of the state. I doubt it’s going to pass. This is your chance to have your voice heard, if you want anything in the constitution of the State of New York to be changed. Yes our Senate and Assembly people tell us “oh yes, there is another way to do it” but when it comes to putting these amendments on the ballot, they won’t do it. The amendments are on the back of the ballot, please vote yes. Thank you.

Supervisor Hogue thanked them for speaking and encouraged everyone to reach out to any of the legislators, this board is very receptive to hearing you and addressing your concerns. You may not get the resolution you want, but it is heard and discussed.

CORRESPONDENCE – Clerk Nagoda read a letter from Sullivan Renaissance stating that we were awarded a grant for code enforcement along the Route 42 corridor. It is a $5,000 grant to assist in legal and engineering fees associated with the demolition of unsafe and abandoned structures. Projects must be completed by October 1, 2017 and bills must be submitted. Clerk Nagoda added that because Sullivan Renaissance knew we were waiting on this, they extended the time period for us to submit the application for the maintenance grant, the committee met with Sullivan Renaissance and that application has been completed and submitted. The completed application was submitted on Monday.

INDOOR RECREATIONAL USE ZONING – Supervisor Hogue met with the Kaiser’s several times to work on the drafting of this proposed legislation; we hope to have a complete document when we are done that can be presented to the planning and zoning boards for review. Matter tabled.

FEE SCHEDULES – Supervisor Hogue asked Code Officer, Glenn Gabbard to review some of our fees and to come up with some recommendations. He has submitted recommendations for fences, kennels and accessory use permits. Discussion was held that this is a good start, but the board should really review all of the fees again. Councilwoman Barnhart stated that Clerk Nagoda and Councilwoman Landis had put together a list of recommendations based on other towns, that much of it was dismissed. Clerk Nagoda will find it and distribute it. Matter tabled.

COMPREHENSIVE PLAN UPDATE – We have been working on the comprehensive plan for some time now, the next step is the zoning. We have several people interested in being on this committee. Attorney Ricciani recommends starting with the delimitations of things you want to have. We are still in the process of establishing that committee. Councilwoman Barnhart stated she believes we are, the comprehensive plan has gone to the planning board and we’ve had our public hearing, there were some recommendations made, there may be one or two more recommendations and then another public hearing and then we are done. I think it’s pretty much complete, so I think we can start on the zoning. Supervisor Hogue stated it is open to any interested person who wants to get involved. If anyone is interested, they can contact Wendy or me.

SURPLUS STOVE – Last month we declared the stove surplus equipment. In the past year we have spent over $1,170.00 on repairs to it. We were going to put it online, but I was contacted by John Pavase of the Monticello Fire Department, they are looking for a stove for their fireman’s camp. We have agreed on a price of $1,500. Since it will be an intermunicipal agreement, we can do it without the formal bidding process.

MOTION by Councilman Budofsky, seconded by Councilwoman Barnhart to accept the price of $1,500 from Monticello Fire Department for the purchase of our ten burner/two oven stove. Vote: 3 ayes – 0 nays. Motion carried.

The next part is to replace the stove, it is a propane gas stove, Wendy went online to Home Depot and got prices for several five cubic foot gas ranges, we will probably need a conversion kit, since most ranges are natural gas not LP. The cheapest one is $398. The most expensive one was over $800. Clerk Nagoda stated we had a resolution to purchase one not to exceed $1,200. Supervisor Hogue stated that in looking at them he felt a $600 - $700 would fit the town’s needs pretty well. Councilwoman Barnhart stated she wanted to look into these and read the reviews. Matter tabled.

HIGHWAY MATTERS – Superintendent Ruggeri submitted quotes for mowers and a trailer. He recommended the trailer from Congelosi Trailer sales at a price of $4,566.00, which is within $30 of the other trailers. Mowers are bit more difficult – he recommended the middle of the road Toro which was $7,100. However, there is a good Toro that looks like it has the same deck, I really don’t see a big difference between the two – the Toro good mower is $6,399. There is also a John Deere that is on NJ/PA bid, which is similar to OGS bid, the state recognizes that as a piggy backing bid. My one question is payment for this, $4,566 for a trailer and either $6,300 or $6,600 for a mower. It’s a grey area if this is general or highway; it’s kind of a mixture of both. General fund could handle about $5,000 out of the grounds maintenance line. That would cover the cost of the trailer. I don’t know if the highway superintendent would be willing to cover the cost of the mower. Councilwoman Barnhart asked where it will be used. Supervisor Hogue replied to mow the grounds around town. Councilwoman Barnhart asked “here”? Supervisor Hogue replied the triangle, the highway department grounds, the town hall grounds, the cemetery. Councilwoman Barnhart asked what’s included in the maintenance of the town property? Supervisor Hogue replied to run the town, we have $15,000 and I believe we have an extra $10,000 for cameras, which would cut that down to $5,000 because we haven’t bought the cameras. So buildings equipment 1620.2 we have $15,500 which is equipment for the building. Attorney Jose asked if the equipment is only going to be used for the town properties. Supervisor Hogue replied he wasn’t sure if it would be used for some roadside maintenance or at some intersections. They do have a sickle bar mower for that. I don’t know, it’s a little over $10,000. Clerk Nagoda replied she didn’t think there would be a problem seeing as to how he has been wanting to do this. Supervisor Hogue stated we can justify some of the cost from highway and some from general; ideally I would like to split it. Councilwoman Barnhart asked can we justify $5,000 and have the highway department pick up the balance. Supervisor Hogue replied there is a haste to do this, which I totally agree with, and I was hoping Superintendent Ruggeri would be here tonight, because we can’t spend highway funds without his approval. Councilwoman Barnhart stated we could approve it and if he says yes, then we are done. Attorney Jose stated make it contingent upon his approval.

MOTION by Supervisor Hogue, seconded by Councilwoman Barnhart that the town general fund purchase the trailer from Congelosi Trailer Sales at the quoted price of $4,566 contingent on the highway fund agreeing to purchase a mower not to exceed $6,602 from either Mullally Tractor Sales or Eschenberg. Vote: 3 ayes – 0 nays. Motion carried.

Superintendent Ruggeri also submitted one quote to repair the salt shed. The board reviewed the quote and discussed the repairs necessary to the salt shed. Discussion was held on putting out a formal bid or an RFP and the fact being it is a prevailing wage job and compliance with the Department of Labor. Clerk Nagoda stated that Superintendent Ruggeri said he had requested 3 proposals and this was the only one that was received. Supervisor Hogue stated that we need to address and get proper quotes. Attorney Jose will forward the information from the Department of Labor to put this out either to bid or RFP. Matter tabled.

LOCAL LAW # 3 OF 2017 ENTITLED “KENNELS” – Supervisor Hogue stated we have a resolution for this.

Resolution #12

RESOLUTION – ADOPTING LOCAL LAW #3, 2017

ENTITLED “KENNELS”

WHEREAS, the Town of Forestburgh is considering a proposed local law which establish Kennels as a special use in the Town and provide for their administration; and

WHEREAS, the Town Board of the Town of Forestburgh has been presented the proposed Local Law #3 of 2017, entitled “KENNELS”; and

WHEREAS, pursuant to the State Environmental Quality Review Act (SEQRA) it has been previously determined by the Town Board that adoption of the proposed Local Law would be a Type I action; and

WHEREAS the Town Board has previously declared lead agency status with respect to the proposed action, and, having received no objection from any interested or involved agency after duly notifying same, the Town Board has retained lead agency status; and

WHEREAS a Public Hearing was advertised for and held on April 6, 2017, at 7:00 p.m., at the Town Hall in Forestburgh, N.Y. , so that members of the public could be heard with respect to Local Law #3, 2017; and

WHEREAS a long form EAF has been completed by the Town Board, and the Town Board has determined that adoption of the proposed local law will result in no significant adverse environmental impacts; and

WHEREAS, the Forestburgh Planning Board has reviewed the proposed law and by its report dated October 3, 2016, suggested amendments to the proposed law which have been incorporated in the proposed local law as of November 30, 2016; and

WHEREAS the adoption of the proposed local law (with the Planning Board’s suggested amendments) has been approved by the Sullivan County Division of Planning and Environmental Management following its review under General Municipal Law §239-m; and

WHEREAS, the Town Board, after the March 2, 2017 public hearing, determined that a provision regarding setbacks should be modified from 200 to 500 feet and considered amending the proposed law as such; and

WHEREAS, the Town Board, in making the aforementioned amendment determined that the proposed law, as amended, warranted a new public hearing although the change was not relevant to the environmental review, the review by the Sullivan County Division of Planning and Environmental Management or the Planning Board’s review because it is more restrictive than that which had already been recommended and/or approved, and it would not have any effect on the negative SEQRA declaration issued by the Town Board; and

WHEREAS a Public Hearing was advertised for and held on April 6, 2017, at 7:00 p.m., at the Town Hall in Forestburgh, N.Y. , so that members of the public could be heard with respect to Local Law #3, 2017; and

NOW, THEREFORE, BE IT RESOLVED: that the Town Board of the Town of Forestburgh hereby adopts Local Law #3 of 2017, entitled “KENNELS“, which shall become effective upon filing with the Secretary of State.

MOTION BY: Councilman Budofsky

SECOND BY: Councilwoman Barnhart

VOTE: 3 ayes – 0 nays.

HOEY DEGRAW WATERWORKS TRANSFER – Supervisor Hogue stated we received the form from the county. Attorney Jose stated the county called it a 239 but it really isn’t, this doesn’t require a 239, they don’t dispute the town board being lead agency on this matter. Attorney Jose took the members of the board through the short form EAF for this matter.

RESOLUTION # 13

RESOLUTION OF THE TOWN BOARD OF THE TOWN OF FORESTBURGH TO TRANSFER THE MUNICIPAL CONSENT GRANTED TO THE FORMER HOEY-DeGRAW WATER WORKS, INC. (“HOEY-DeGRAW”) TO NEW YORK AMERICAN WATER COMPANY, INC. (“NYAW” OR THE “COMPANY”)

WHEREAS, NYAW is a Transportation Corporation organized under the laws of the State of New York. NYAW is a regulated public utility subject to the jurisdiction of the New York State Public Service Commission (“Commission”) and provides safe and adequate service as determined by the Commission. It is headquartered at 60 Brooklyn Avenue, Merrick, New York 11566; and

WHEREAS, Hoey-DeGraw is a Business Corporation organized under the laws of the State of New York. It provides water service to 18 homes located in the Town of Forestburgh, Sullivan County, New York. It is headquartered at R.D. 1, Box 62W, Monticello, New York 12701; and

WHEREAS, pursuant to an Agreement of Sale executed by and between NYAW and Hoey-DeGraw on July 29, 2016, NYAW acquired the water utility system assets of Hoey-DeGraw and has applied for Commission approval to provide water service to former Hoey-DeGraw customers; and

WHEREAS, municipal consent form the Town Board of the Town of Forestburgh is required to finalized the sale and transfer; and

WHEREAS, the Town Board previously declared itself lead agency on March 2, 2017, with respect to approval of the transfer of municipal consent, which it has classified as an unlisted action under SEQRA; and

WHEREAS, the Town Board has duly notified any interested and involved agencies of its desire to retain lead agency status with respect to the proposed action and has received no objection to same; and

WHEREAS, the Town Board has completed Parts 2 and 3 of an Environmental Assessment Form, determining that since there are no plans to change the physical operations of the waterworks utilities in connection with this action, therefore, no action is proposed that would result in a potentially significant adverse environmental impact; and

WHEREAS, a form for proposed approval of the transfer is annexed hereto for the Town Board’s consideration.

NOW, THEREFORE, BE IT RESOLVED AND ORDERED

That the Town Board of the Town of Forestburgh hereby issues a negative declaration for SEQRA purposes regarding approval of the transfer; and

That the Town Board of the Town of Forestburgh hereby approves the extension of the service territory of NYAW include service to the former Hoey-DeGraw customers; and

That the Town Board execute the attached municipal consent form.

MOTION BY: Councilman Budofsky

SECOND BY: Councilwoman Barnhart

VOTE: 3 ayes – 0 nays.

NEW BUSINESS

OLD TOWN HALL – At the request and prodding of Historian, Sabina Toomey, I sent a letter of request for funds to Senator Bonacic to help fix the foundation on the old town hall. Discussion was held that the building also needs a roof.

TOWN HALL GARBAGE & DUMPSTER – Supervisor Hogue stated he has many complaints about the garbage around the town hall and the dumpster. Councilwoman Barnhart stated it is a mess right now. The bears are awake and they are hungry and people going to work in the morning see these bears dragging the garbage bags all over. We generate very little, if any food type waste from this building. We have a problem with people stopping by and using the dumpster for their own personal use. Fire Commissioner, James Steinberg suggested stopping garbage service at the town hall and drop it off at the firehouse. We put a camera on our dumpster and caught four people putting garbage in there. Chief Petrowsky stated we don’t get bears. The board asked why do not get bears. They replied they have a function at the firehouse and they pick up on Monday. On the way home, just drop it at the firehouse. Discussion was held on who would transport the garbage and the amount generated and the monthly cost. MOTION by Supervisor Hogue, seconded by Councilman Budofsky to cancel our current garbage removal account and have garbage taken to the Forestburgh Fire House for removal. Vote: 3 ayes – 0 nays. Motion carried.

2018 BUDGET – Supervisor Hogue stated that in preparation for working on the 2018 budget, I will be asking each and every department for their top three needs that you would want in your department, each need and the cost for it and a brief explanation of why or for how long you think you may need it. Supervisor Hogue used the town clerk and the copier machine as an example. Clerk Nagoda replied everyone uses that machine and it is nine or ten years old. It printed all of the newsletters for all of those years, it’s starting to moan and groan a lot. There may be new computer upgrades and I know the highway department needs trucks. This is just so we can try to move forward with the budget. I will be sending a letter to each department for their request.

TOWN HALL UV WATER SYSTEM – The ultra violet system, which is about fifteen years old, was making strange noises, we called the plumber who said it’s too old and they can’t parts for it and it must be replaced. The estimates were around $3,400. We have one from Preacher man plumbing for $3,700, one from Small’s for $3,400 and one from C&C Plumbing for $3,464.59. Clerk Nagoda stated that was installed when the old well developed issues, then that well got completely contaminated and we had to drill a new well. She further stated that maybe if we test the water and check with the health department, we may not even need the UV system. Discussion was held on annual water testing and it being tested more often when camp and pool season is here.

MOTION by Councilman Budofsky, seconded by Councilwoman Barnhart to have the water tested and if required by the Department of Health to have the UV system, hire Small’s Plumbing as lowest quote for the installation. Vote: 3 ayes – 0 nays. Motion carried.

ASSISTANT BOOKKEEPER/SECRETARY – There is $1,000 in a line item for an assistant bookkeeper, basically to serve in the absence of the full time bookkeeper. We have been looking for one and finally found one – she does the books for Holiday Mountain Ski Hill. I am requesting approval from the board to fill the position with Tara Hulse. Councilwoman Barnhart questioned why a motion, don’t you already have the authority to appoint? Attorney Jose replied it is, but you can get confirmation by the board.

MOTION by Councilwoman Barnhart, seconded by Councilman Budofsky to appoint Tara Hulse to the position of Assistant Bookkeeper at the rate of $11.33 per hour. Vote: 3 ayes – 0 nays. Motion carried.

TOWN HALL CLEANING – Supervisor Hogue stated there are issues with the cleaning crew for the town hall, I will turn this over to Clerk Nagoda. Clerk Nagoda stated we pay almost $400 a month for the cleaning of the town hall to Sullivan Industries, they come every Wednesday afternoon. We have found nothing vacuumed, we have found the front door left unlocked, and we have found every office door left wide open. We have complained to the Enclave Services Department Head, it comes down to the job coach who oversees the crew. Councilman Budofsky asked if we had any response when we speak to the Enclave Department head, Clerk Nagoda replied that we get yes-ed to death or an excuse. Chief Petrowsky stated they had the same problem at the firehouse and after four months they terminated their contract. Supervisor Hogue stated he has been here when they have been here and I believe it’s a lack of leadership. Discussion was held on hiring a profession company or trying a different agency. The board agreed to send a letter to the Sullivan ARC Executive Director in an attempt to resolve this issue.

COMMITTEE REPORTS

Planning Board – Chairman Robbins stated that they had a meeting between the comprehensive plan review board and the planning board. There was a public hearing on the comprehensive plan and one on the Republic Lake Joseph subdivision. There were no comments on the subdivision; there were lots of comments on the comprehensive plan. The SEQRA for Republic Lake Joseph was completed, the negative declaration was filed and the subdivision was approved. We had further discussion on the comprehensive plan, we also discussed your application to be lead agency on the comprehensive plan and everyone agreed it was the right thing to do. Planning Board member Gene Raponi stated that a member of the planning board stated that they have moved to another town, but he wishes to stay on the planning board, which lead to a pretty big discussion. Supervisor Hogue stated because that pertains to personnel, we have an executive session planned.

Recreation – The ski program has ended and the paperwork to start camp and the opening of the pool has begun.

Historian – No report.

Seniors – Due to the Passover holiday and spring break they had their meeting this past Monday. They had David Letterman from the Attorney General’s Officer for a speaker who spoke about scams that are targeted towards seniors.

Forestburgh Day – Next meeting is April 13 at the town hall at 6:00 p.m. all are invited.

Comprehensive Plan Review Board – This should be ready to go to the town board at the next meeting at which time we can set a date for the public hearing.

Solar Committee – Attorney Ricciani has prepared a draft of the proposed solar law that is currently under review. Our next meeting on April 27 at 7:00 p.m. at the town hall.

Fire Department – The statewide burn ban is in effect from March 15 to May 15. We will be having a recruitment day on April 30, so please feel free to stop by the firehouse around noon.

PUBLIC COMMENT –

Clerk Nagoda stated that 92 year old resident, former supervisor and veteran, Paul Rausch has been selected to participate in the next, Mission 15, Hudson Valley Honor Flight which will be April 8. He is being escorted by his youngest son, Fred. I think we should thank him for his service and that at the age of 92 he is able to make the trip to Washington D.C. for the day.

Supervisor Hogue announced that this year for the Pride of Sullivan County the recipient for the Town of Forestburgh is the Inn at Lake Joseph. They do a lot to promote Sullivan County and bring a lot of people to the area.

COUNTY ACTIVITIES – We already heard from Mr. Alvarez and Mrs. Rajsz.

EXECUTIVE SESSION – MOTION by Supervisor Hogue, seconded by Councilman Budofsky to enter into executive session to discuss personnel on the planning board and invite Attorney Jose into said session. Vote: 3 ayes – 0 nays. Motion carried.

MOTION by Councilwoman Barnhart, seconded by Councilman Budofsky to reconvene into regular session at 10:00 p.m. Vote: 3 ayes – 0 nays. Motion carried.

Resolution Declaring a Vacancy in the Planning Board Due to the Change of Residency of Planning Board Member David Groskin 

Whereas, Pursuant to Public Officers Law Section 3 and Town Law Section 23, public officers, including planning board members, must be residents of the town; and

Whereas, according to case law provided by the Attorneys for the Town and opinions of the Attorney General’s Office, “residency” means domicile, which is based upon the subjective intent of the person regarding where he or she lives, permanently resides and intends to return; and

Whereas, Planning Board member David Groskin stated unequivocally at the February 28, 2017 Planning Board meeting that he moved to Goshen, plans to sell his house in Forestburgh and permanently reside in Goshen, and that it is not his intention to become a resident of Forestburgh again; and

Whereas, at the March Planning Board Meeting, David Groskin ratified his statements made at the February 28, 2017 meeting when he voted to approve the minutes of the February 28, 2017 meeting; and

Whereas, it appears that David Groskin is no longer a resident of the Town of Forestburgh; and

Whereas, pursuant to Section 30 of the Public Officers Law, a vacant position on a municipal board is created by one of its members when that member ceases to reside in the municipality served by the board.

NOW, THEREFORE, BE IT RESOLVED BY THE TOWN BOARD OF THE TOWN OF FORESTBURGH AS FOLLOWS:

1.    Pursuant to Public Officers Law Section 30, David Groskin’s seat on the Town of Forestburgh Planning Board is hereby immediately deemed vacant due to the recent change of his domicile from the Town of Forestburgh to Goshen, New York and his unequivocal intent to permanently reside in Goshen and not return to reside in Forestburgh, as expressed in his statements at the February 28, 2017 Town of Forestburgh Planning Board meeting; and

2.    The Attorney for the Town is instructed to send David Groskin a letter informing him of the Town Board’s determination herein, immediately.

 

Motion: Councilwoman Barnhart

Second: Councilman Budofsky

All in favor:  3 ayes, 2 absent

ADJOURNMENT – MOTION by Councilwoman Barnhart to adjourn at 10:10 p.m.

Respectfully submitted,

Joanne K. Nagoda,

Town Clerk

 

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