*****DRAFT*****
PUBLIC HEARING UPON
2017 COMPREHENSIVE PLAN UPDATE
TOWN OF FORESTBURGH, SULLIVAN COUNTY, NEW YORK
July 6, 2017
Deputy Supervisor Budofsky opened the public hearing at 7:00 p.m.
Roll Call: Present – Steve Budofsky, Deputy Supervisor
Katherine Barnhart, Councilwoman
John W. Galligan, Councilman
Susan Parks Landis, Councilwoman
Absent – Daniel S. Hogue, Jr., Supervisor
Recording
Secretary – Joanne K. Nagoda, Town Clerk
Others
Present – E. Danielle Jose, Esq. – Attorney for the Town
Richard Robbins, Planning Board Chair
No one spoke in favor or against the proposed comprehensive plan update.
MOTION by Councilman Galligan, seconded by Councilwoman Barnhart 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 July 6, 2017 at the town hall.
Deputy Supervisor Budofsky called the meeting to order at 7:00 p.m.
Roll Call: Present –Steve Budofsky, Deputy Supervisor
Katherine Barnhart, Councilwoman
John W. Galligan, Councilman
Susan Parks Landis, Councilwoman
Absent – Daniel S. Hogue, Jr., Supervisor
Recording
Secretary – Joanne K. Nagoda, Town Clerk
Others
Present – E. Danielle Jose, Esq. – Attorney for the Town
Richard Robbins, Planning Board Chair
REPORTS –
Deputy Supervisor Budofsky submitted a report of monthly financials for the month of June 2017.
Town Clerk, Joanne Nagoda submitted a report of clerk fees and activity for the month of June 2017.
Justices Carroll and Gunther submitted a monthly report of justice court fees and activity for the month of June 2017.
PUBLIC COMMENT – None.
Deputy Supervisor Budofsky introduced Marcia Raponi and Marvin Rappaport who will be giving a presentation on the library.
Mr. Rappaport stated that the new location of the library is working very well and if any have not yet visited it, they should. The whole environment has changed and you will find it pleasing. Here are some numbers to show how much it’s improved: in 2015 there were 7,300 library cardholders, a year later we were over 8,000, visitors in 2015 to the old library were 35,000, in 2016 over 60,000. As for our programs, 324 in 2015, in 2016 over 500 programs. Attendees were 1,800 in 2015 and over 5,000 in 2016. In memory of our neighbor, Robert Norris we have the Robert Norris community room that can accommodate 75 people. Why are we here tonight, we are now working on the outside of the library. We want it to be aesthetically pleasing, we’d like it to be a place where the community can go and have events. In the yard in the front of the library we have grass but we are going to put in benches and Marcia is handing out a brochure for our “Help Pave the Way” fundraiser. You will have the opportunity to remember a family member or a loved one with the purchase of an inscribed paver. The good news is all of the benches have already been sponsored. We will even have a kiosk where you can go and charge your phone. It is a whole new age and era. We have free Wi-Fi in the library; on Sunday when the library is closed there are over 100 people who come by just to use the Wi-Fi. The pavers start at $75.00. We hope that you will consider that and thank you very much. Mrs. Raponi added that starting this Sunday the library will be open on Sunday’s for the summer from 11:00 to 4:00. We also have a new children’s librarian and she is doing great programs and things with the kids.
MINUTES – Clerk Nagoda stated there is an error on the agenda; the minutes should say May 22 meeting and June 1 minutes. Deputy Supervisor Budofsky stated there is an issue regarding the letter from Mr. Sipos in the June 1 minutes, with content. The contents had been put in the minutes and I had requested that they be taken out. I see they are still in there. Discussion was held on contents and persons requesting their letters are fully included, verbatim and consistency. There are corrections to made in the highway fund vouchers the total amount listed is $31,067.15 the correct amount is $84,065.38. Additionally, Councilwoman Barnhart and Supervisor Hogue made comments to highway about procurement that are not mentioned in the minutes. We would like them corrected.
MOTION by Councilman Galligan, seconded by Councilman Budofsky to table the adoption of both sets minutes until they are corrected. Vote: 4 ayes – 0 nays. Motion carried.
GENERAL FUND VOUCHERS - # 152 – 187 in the sum of $20,406.05 as set forth in abstract #7 were audited for payment. MOTION by Councilwoman Barnhart, seconded by Councilman Galligan to pay general fund vouchers. Vote: 4 ayes – 0 nays. Motion carried.
HIGHWAY FUND VOUCHERS - #90 – 97 in the sum of $5,395.94 as set forth in abstract # 7 were reviewed. MOTION by Councilwoman Barnhart, seconded by Councilman Galligan to accept the highway fund vouchers. Vote: 4 ayes – 0 nays. Motion carried.
ESCROW FUND VOUCHERS - #3 in the sum of $902.50 as set forth in abstract # 2 were reviewed. MOTION by Councilwoman Landis, seconded by Councilwoman Barnhart to pay the escrow fund voucher. Vote: 4 ayes – 0 nays. Motion carried.
CORRESPONDENCE –
Clerk Nagoda received an e-mail from Richard Katzman stating that there are people in Stag Forest/Forestburgh pond that fire their weapons all day and all night. He is requesting that the town adopt an ordinance restricting the use of firearms from 8:00 a.m. to 8:00 p.m. and recommended fines of $500 for first offense, $1,200 for a second offense and a third offense would be $5,000 with the loss of their weapon and vehicle. He included ongoing penalties as ordered by the town justices.
We received an email from the county planning department and our former consultant Chuck Voss also forwarded it to me that Upper Delaware Council Tag Grants available that are available for land use planning etc.
A letter was received from Shirley Toomey to the highway superintendent congratulating him and the crew on their care of the grounds. She has never seen the town hall look so good.
A letter was received from Lisbeth “Boo” Fumagalli, from the New York State Town Clerk’s Association announcing that Clerk Nagoda has been named a District Director for District 2 representing seven surrounding counties. Her term will run from July 1, 2017 to June 30, 2019.
A letter was received from Bob Bagomolny who runs the Tour de Simcha bike races. He is requesting the use of the triangle at the town hall entrance for a water/rest room stop for the bike race as e have done in previous years. He has enclosed a map, cue sheet, certificate of insurance for us and will make a donation of $300 to our recreation program, as he has done in previous years.
MOTION by Deputy Supervisor Budofsky, seconded by Councilwoman Landis to grant use of the town hall entrance for the Tour de Simcha bike races. Vote: 4 ayes – 0 nays. Motion carried.
A letter was received from the New York State Dept. of Transportation to Mr. Ed McAndrew, Commission of Sullivan County DPW. The state has completed their review of the two speed zone requests for the Town of Forestburgh. The state has determined that County Route 43/Forestburgh Road shall have a reduced speed zone from the Route 42 intersection to the Lumberland town line from 55 miles per hour to 35 miles per hour. Cold Spring Road will receive no reduction in speed as we have determined it may easily navigated at 55 miles per hour.
Clerk Nagoda also informed the board that we must re-do the workday resolution for retirement reporting. Somehow we either posted it wrong, but we have to re-do it and re-post it.
MOTION by Councilman Galligan, seconded by Deputy Supervisor Budofsky that for the purposes of retirement reporting, councilpersons, the bookkeeper, the assessor, town clerk, justices and clerks work six hours a day and highway employees and the highway superintendent work 8 hours per day. Vote: 4 ayes – 0 nays. Motion carried.
Clerk Nagoda read a letter from John J. Sipos questioning several matters he was displeased with.
UNFINISHED BUSINESS
INDOOR RECREATION –The board met on June 21 and 27 to work on the indoor recreation zoning and the attorney is in the process of completing the final draft.
FEE SCHEDULES –On this list fees with an asterisk have already been approved and ones without need approval. Discussion was held on approving those that we can and addressing others at a later date and certain fees that some felt were high.
MOTION by Councilwoman Barnhart, seconded by Councilman Galligan to table the fee schedules until some proposed fees can be confirmed with the building inspector. Vote: 4 ayes – 0 nays. Motion carried.
TOWN HALL CLEANING – Clerk Nagoda stated that she pulled the contract and forwarded a copy to the board and the current contract expired two years ago. Discussion was held on contacting the Center for Workforce Development and the high school as well as putting it out for bid. MOTION by Councilwoman Barnhart, seconded by Councilwoman Landis to put it out for bid. Vote: 4 ayes – 0 nays. Motion carried.
PROPOSED COMPREHENSIVE PLAN – Attorney Jose completed parts two and three of the EAF with the board.
RESOLUTION 18 OF 2017
RESOLUTION OF THE TOWN BOARD OF THE TOWN OF FORESTBURGH ADOPTING THE PROPOSED UPDATED COMPREHENSIVE PLAN
WHEREAS, the Town Board of the Town of Forestburgh (“Town Board”) is considering adoption of an updated Comprehensive Plan as recommended by the duly designated Comprehensive Plan Special Board; said action constitutes a Type I action under the New York State Environmental Quality Review Act Regulations (“SEQRA”); and
WHEREAS, the Town Board has previously prepared Part 1 of a long-form Environmental Assessment Form (“EAF”) with respect to the proposed action; and
WHEREAS, a copy of the proposed, updated Comprehensive Plan, Part 1 of the EAF and a copy of the Resolution declaring the Town Board of the Town of Forestburgh lead agency was sent by the Town Clerk to involved and interested agencies with notice of the Town’s Board’s declaration of lead agency status; and
WHEREAS no involved agencies have objected to the Town’s proposed lead agency status after having been informed of same for more than thirty (30) days; and
WHEREAS, the proposed adoption of an updated Comprehensive Plan has been reviewed by the Sullivan County Division of Planning and Environmental Management (“SCDPEM”) pursuant to General Municipal Law 239-m, et al., and the Town Planning Board (“Planning Board”) pursuant to the Town Code; and
WHEREAS both SCDPEM and the Planning Board recommend approval; and
WHEREAS, the Town Board conducted a duly noticed public hearing regarding adoption of the proposed updated comprehensive plan and completed parts 2 and 3 of the long form EAF at its regularly scheduled meeting on July 6, 2017; and
WHEREAS, the Town Board, after conducting said public hearing and completing Parts 2 and 3 of the long form EAF, has determined that adoption of the proposed comprehensive plan would not have a significant adverse impact on the environment.
NOW, THEREFORE, BE IT RESOLVED: that the Town Board of the Town of Forestburgh approves the updated Comprehensive Plan, and adopts same.
MOTION BY: Councilman Galligan
SECOND BY: Councilwoman Barnhart
ROLL CALL VOTE:
Deputy Supervisor Budofsky voting aye;
Councilwoman Barnhart voting aye;
Councilman Galligan voting aye;
Councilwoman Landis voting aye.
Motion carried.
NEW BUSINESS
PROPOSED SOLAR LAW PUBLIC HEARING – Attorney Jose stated she prepared a resolution, Clerk Nagoda read the following:
Resolution #19, 2017
RESOLUTION OF THE TOWN BOARD OF THE TOWN OF FORESTBURGH SETTING A TIME AND PLACE FOR A PUBLIC HEARING WITH RESPECT TO ADOPTION OF PROPOSED LOCAL LAW 4 OF 2017 ENTITLED “A LOCAL LAW TO REGULATING THE DEVELOPMENT AND OPERATION OF CERTAIN SOLAR ENERGY SYSTEMS IN CHAPTER 85 (ZONING) OF THE TOWN CODE OF THE TOWN OF FORESTBURGH AND PROVIDING FOR PILOT AGREEMENTS FOR CERTAIN SOLAR ENERGY SYSTEMS IN CHAPTER 153 (TAXATION) OF THE TOWN CODE OF THE TOWN OF FORESTBURGH ”
WHEREAS, the Town Board of the Town of Forestburgh previously recognized the need to address, in a careful manner, the undertaking, establishment, siting, placement, construction, enlargement and erection of Solar Energy Systems on a comprehensive Town-wide basis, rather than on an ad hoc basis, and to adopt new land use regulations to specifically regulate the same; and
WHEREAS, the Town Board previously declared a temporary six (6) month moratorium on the processing or approval of applications for building permits, special use permits, special permits, variances, site plan approvals, subdivision approvals or Planned District Development (PDD) approvals related to the undertaking, establishment, placement, development, excavation, enlargement, construction or erection of Solar Farms and Solar Power Plants in the Town, said moratorium becoming effective on February 10, 2017, upon filing with the Secretary of State; and
WHEREAS, proposed Local Law #4 of 2017, has been duly introduced which regulates the development and operation of certain solar energy systems in Chapter 85 (Zoning) of the Town Code of the Town of Forestburgh, provides for pilot agreements for certain solar energy systems in Chapter 153 (Taxation) of the Town Code of the Town of Forestburgh and repeals the aforementioned moratorium; and
WHEREAS, the Town Board of the Town of Forestburgh is considering the adoption of the aforementioned proposed law, and said action, if approved, would appear to constitute a Type I action under the New York State Environmental Quality Review Act (“SEQRA”); and
WHEREAS, the Town Board of the Town of Forestburgh has previously declared itself lead agency with respect to the proposed action and has received no objection to same after notifying involved and interested agencies more than 30 days ago; and
WHEREAS, the Town Board has previously referred the proposed law to the Planning Board for its report, said Planning Board having recommended approval of said proposed local law 4 of 2017; 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 4 of 2017, 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.
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 7:15 p.m., on August 3, 2017, 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 4 of 2017, to the Sullivan County Division of Planning and Environmental Management for 30-day review pursuant to General Municipal Law 239-m; 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 pursuant to Town Law §264.
MOTION BY: Councilwoman Barnhart
SECOND BY: Councilman Galligan
ROLL CALL VOTE:
Deputy Supervisor Budofsky voting aye;
Councilwoman Barnhart voting aye;
Councilman Galligan voting aye,
Councilwoman Landis voting aye.
Motion carried.
COMMITTEE REPORTS –
Planning Board – We met last week and continued to review the subdivision law, we reviewed the proposed solar law. We have received an application from “Another Sky” campground on Tannery Road. They have responded to the questions and comments from the engineer. We have declared lead agency status and the application and presentation are posted on the website.
Recreation – The pool is open. After starting the season with a serious lifeguard deficit we have had eight people certify with the Boy Scouts. Discussion was held and approved to give a twenty five cent an hour raise to three staff members who have been long time employees and it was confirmed that those raises will not affect a budget issue. MOTION by Councilwoman Barnhart, seconded by Councilman Galligan to grant the twenty five cent an hour raise for three camp staff. Vote: 4 ayes – 0 nays. Motion carried.
Seniors – Marylin Toomey has been named Senior of the year for the Town of Forestburgh. Anyone wishing to volunteer through the Retired Senior Volunteer Program (RSVP) may call Caryn Matthews at 845-807-0241. We visited the Culinary Institute and had lunch at the French restaurant, everything was wonderful and we had a nice time. This month we are going to the Lakawaxen Inn and next month we are doing a river trip on the Hudson and then to a restaurant in Newburgh. We have a lot of nice events planned for the rest of the year and we are always looking for new members.