*****DRAFT*****

The Town of Forestburgh Town Board held a Budget Workshop on Thursday, October 5, 2017 at the town hall.

Supervisor Hogue called the meeting to order at 6:00 p.m.

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

Katherine Barnhart, Councilwoman

John W. Galligan, Councilman

Susan Parks Landis, Councilwoman

Steve Budofsky, Councilman

Absent – None

Recording

Secretary – Joanne K. Nagoda, Town Clerk

Others

Present – None

Supervisor Hogue stated that the budget that is in front of you includes all of the departmental requests that were returned to me. As it sits right here it is roughly a 4.2% increase. New York State Tax Cap requires a 1.84% increase to stay below the 2%. If we are going to stay at the 2% tax cap, the budget could not exceed $1,265,842 which would require roughly a $20,000 cut. What was submitted was $1,284,377.

Not in the budget, but the county does charge us, is our chargeback for worker’s comp. Last year it was $75,000; it is added on the tax bill but is not factored into the 2%. Tentatively it is supposed to go down to $56,000. New York State Retirement that has to be paid by December 15 is $67,770. It is estimated to be $68,353 for 2018. Health Insurance we estimate to increase 9.4% or about $21,000 to $26,000. I try to anticipate the unexpended balances from the budget to actual that the board members get every month.

General Fund revenue is the AIM money, building permits, clerk fees is $188,406. Highway is your snow and ice contract money and the CHIP’s money. I get the unexpended balances from what is left over in each line at the beginning of each month. There is always a chance that we could go over budget on a line and the amount would change. On the highway side, if we don’t get the CHIP’s funding by December 31, that $100,000 will be closer to $10,000. In our unallocated reserve, which is money that we have but it is not allocated to any particular line, in General Fund we have $358,505.89. Highway has substantially less, $139,446.26 in unallocated funds. None of these funds have been appropriated in this budget. The board may vote to spend this money; however, I am not a fan of spending these funds. At the end of the year, I estimate that General Fund will have approximately $78,000 left over and if we get our CHIP’s money back, I figure Highway Fund should have approximately $100,000 left over. If we don’t get the CHIP’s funds back, highway will only have about $10,000. Councilwoman Barnhart questions that the other funds that you spoke of are not the unexpended funds. Supervisor Hogue replied no; those are funds are reserves that we built up last year. It is basically our savings account.

On the profit and loss – budget to actual, Councilwoman Barnhart questions $125,000 that is shown as budgeted but appears to not have come in. What is that? It shows we are at zero percent of budget. It doesn’t say we are short $125,000. Supervisor Hogue stated that is the unexpended balance from last year’s budget. That money is in our bank account. Part of that $358 is that $125.

Supervisor Hogue once again stated we need at $20,000 reduction in the budget to stay at the tax cap. I would like to see us hold the line on the budget, without expending any reserves. Over the past years, I have honed the budget and adjusted that were over budgeted and adjusted revenue lines that were oven and under the anticipated revenues, to have a better handle on the budget. My goal is to see the budget remain the same or even a little lower if possible. Taxes in Forestburgh are high. Councilwoman Barnhart asked if there is a comparison between the taxes in Forestburgh and other towns in Sullivan County. Supervisor Hogue stated he does not have that. Councilwoman Barnhart stated that her sense is that we are not that much higher than other towns in Sullivan County in general. Supervisor Hogue stated our problem is our school taxes, which hopefully the re-val will adjust. Discussion was held on the re-val and the state’s equalization rate.

The board will not address the highway budget in the absence of the Highway Superintendent, the board then began a line by line review of the general fund indicating where a department head had made a change. Councilman Budofsky reminded the board that they had adopted his salary schedule and some requested increases may be over the cap.

RECESS – MOTION by Supervisor Hogue, seconded by Councilwoman Landis to recess this budget workshop and reconvene on Wednesday, October 11, at 5:30 p.m. Vote: 5 ayes – 0 nays. Motion carried.

Respectfully submitted,

Joanne K. Nagoda,

Town Clerk

*****DRAFT*****

The Town of Forestburgh Town Board held their regular monthly meeting on Thursday, October 5, 2017 at the Town Hall.

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

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

Katherine Barnhart, Councilwoman

John W. Galligan, Councilman

Susan Parks Landis, Councilwoman

Steve Budofsky, Councilman

Absent – None

Recording

Secretary – Joanne K. Nagoda, Town Clerk

Others

Present – None

A moment of silence was held for the passing of former Supervisor and World War II veteran, Paul A. Rausch and the victims of Las Vegas Massacre.

PUBLIC COMMENT – None

REPORTS –

Supervisor Hogue submitted a monthly report of financial activity for the month of September, 2017.

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

Justices Carroll and Gunther submitted a monthly report of justice court fees and activity for September, 2017.

Code Officer, Glenn Gabbard submitted a report of monthly building department fees and activity for September, 2017.

MINUTES -

July 6, 2017 – Tabled for corrections.

August 3, 2017 – MOTION by Councilwoman Barnhart, seconded by Councilman Budofsky to adopt the minutes as amended. Vote: 4 ayes – 0 nays. Councilwoman Landis abstained due to absence. Motion carried.

September7, 2017 – MOTION by Supervisor Hogue, seconded by Councilwoman Landis to adopt. Vote: 4 ayes -0 nays. Councilwoman Barnhart abstained due to absence. Motion carried.

GENERAL FUND VOUCHERS – 247 – 269 in the sum of $17,432.89 as set forth in abstract # 10 were audited for payment. MOTION by Councilman Galligan, seconded by Councilman Budofsky to pay general fund vouchers. Vote: 5 ayes – 0 nays. Motion carried.

HIGHWAY FUND VOUCHERS - # 125 – 138 in the sum of $22,148.70 were reviewed. MOTION by Councilwoman Landis, seconded by Councilman Galligan to accept highway fund vouchers. Vote: 5 ayes – 0 nays. Motion carried.

CORRESPONDENCE –

A letter was received from the Forestburgh 5K committee thanking the board for their support and hoping they can count on it again next year when the race will be held Saturday, August 11, 2018. This year’s race raised $28,000 for Hospice.

Supervisor Hogue read an opinion from the Committee on Open Government with regard to Clerk Nagoda and her minutes.

UNFINISHED BUSINESS –

INDOOR RECREATION –The Planning Board is unanimous in its review of the proposed legislation that it is inconsistent with the Comprehensive Plan of the Town and Chapter 85 (zoning) of the town code. They wish to provide further review and will issue a more substantial report to the town board. Councilwoman Barnhart requested that it be sent back to the attorneys for both of them to re-write it. It was decided to allow the planning board to finish reviewing the law and then send it back to the attorneys.

SOLAR LAW – The committee met at the request of the town board along with representatives of Cypress Creek and the adjoining property owners. Cypress Creek had indicated they would make a presentation but did not. The committee explained they did not opt out due to 37% of property in the town receives a tax abatement and several other large parcels off the tax roll already. Cypress Creek was not previously aware of this. The committee recommends adoption of the legislation as it stands.

Resolution #20, 2017

RESOLUTION OF THE TOWN BOARD OF THE TOWN OF FORESTBURGH SETTING A TIME AND PLACE FOR A SECOND 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, 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 has previously referred the proposed law to the Sullivan County Division of Planning and Environmental Management (“SCDPEM”) for its review, said SCDPEM having recommended approval of said proposed local law 4 of 2017; and

WHEREAS, the Town Board has already conducted a public hearing on said proposed Local Law 4 of 2017 and completed Parts 1, 2 and 3 of a Long Form Environmental Assessment Form; and

WHEREAS, comments were raised at the public hearing which have been considered by the Town Board, although the Town Board has elected not to make any changes to the duly introduced proposed legislation; and

WHEREAS, the Town Board of the Town of Forestburgh wishes to set a time and place for a second public hearing with respect to proposed Local Law 4 of 2017, so that the public may be heard again; and

NOW, THEREFORE, it is hereby

RESOLVED, that a second public hearing be held by the Town Board of the Town of Forestburgh with respect to the aforesaid proposed Local Law at 7:00p.m., on November 2, 2017, at Town of Forestburgh Town Hall, 332 King Rd., Forestburgh, New York; 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 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

Seconded by Councilman Galligan

Roll Call:

Councilwoman Barnhart voting aye,

Councilman Galligan voting aye,

Councilwoman Landis voting aye,

Councilman Budofsky voting aye,

Supervisor Hogue voting aye.

Motion carried.

MINUTES –Discussion was held on minutes, corrections, timeliness, posting on the website. MOTION by Councilman Budofsky, seconded by Councilwoman Barnhart to have corrected minutes to the board within ten days and post to the website after adoption. Vote: 5 ayes – 0 nays. Motion carried.

NEW BUSINESS

TECHNOLOGY REVIEW – We received a notice from Spectrum to review our technology as our internet is slow. They reviewed our information, we are paying for long distance, it is not unlimited, and our internet speed is only 15 mgs. There would be no rise in the cost to upgrade it, some equipment would have to be upgraded at the highway department and that would be a onetime fee of $99. All calls would be unlimited and our internet speed would increase to 100 mgs.

MOTION by Councilwoman Barnhart, seconded by Councilman Budofsky to authorize Clerk Nagoda to sign the agreement to upgrade services at the town hall and highway department. Vote; 5 ayes -0 nays. Motion carried.

BUDGET WORKSHOPS – We recessed tonight’s budget workshop, we will reconvene that workshop on Wednesday, October 11 at 5:30 p.m.

COMMITTEE REPORTS –

Planning Board –They began review of the Indoor Recreation legislation and is unanimous that as it is presently drafted it is not consistent with the aims and principles embodied in Chapter 85 (zoning). They will continue to review the proposed legislation.

Recreation – Our ski program will be the next recreation event that will start in January.

Historian – No report

Seniors – No report

Solar Committee – See above.

Zoning Review – Next meeting is next Wednesday, October 11 immediately following the budget workshop.

Fire Department – Pancake Breakfast on October 22 from 7:00 a.m. to noon. Roast Beef Dinner is Veteran’s Day, November 11 from 5:00 to 8:00 p.m.

PUBLIC COMMENT –

Joanne Nagoda – The Orange/Sullivan Town Clerk’s are accepting donations for the victims of the hurricane in Puerto Rico. We need diapers, non perishable food, water, feminine hygiene products, and batteries. Donations are being accepted until October 13.

Dan Compitello of Cypress Creek, I am sorry that I missed the meeting with the solar committee; I had another public hearing that night. To be clear we have not started any site work on the parcel. We have done some environmental testing and surveying. We can’t do any site work until there is a full site plan review and we are permitted. There may be more surveying done as there is a possible wetland there and the DEC can’t figure it out. We don’t have a problem with the 90% we are just having a hard time figuring out what the assessment would be. There is legislation that planning boards can’t enact any taxation law. The planning board could say that a PILOT agreement is a condition of approval but by requiring a certain amount, it is almost like they are soliciting business. Planning Board members that were present stated there is no application before them. Mr. Compitello continued that what the town is doing is letting the planning board make the determination and not the assessor. Councilman Budofsky stated that they spoke to our attorney’s about this and the 90% is not in the solar law itself, it is an amendment that is attached to that, pointing out that if there were an application that would be a requirement under those conditions and not in the law itself. I’m sorry you weren’t there, because when we brought that up it was made very clear by Eric and Jeff that it was not a “do-able” thing by the 90% and you’re telling me it may be. So we are not getting the same information. I also spoke to our assessor and there is no specific process, it depends what you put in the application and he would do the assessment on the basic information based on your specific project. The town is not willing to accept a further burden in terms of taxes due to our limited revenue with the tax abatements. We don’t want to saddle the residents with any further taxes due to a project that doesn’t provide any additional benefit to the residents. We are firm on that. Mr. Compitello stated that he would speak to the assessor.

COUNTY ACTIVITIES – The County is going through the same budget process as we are. We will see how that goes.

There is a Library vote at the library in Monticello. That is for the budget and the trustee’s from 3:00 to 8:00 p.m. on Thursday, October 12. The ribbon cutting for the first phase of the garden project will be on November 4 at 11:00 a.m.

ADJOURNMENT – MOTION by Councilman Galligan to adjourn at 8:07 p.m.

Respectfully submitted,

Joanne K. Nagoda,

Town Clerk

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