Supervisor Hogue Called the Meeting to Order at 2:00 P.M

The Town of Forestburgh Town Board held their Year End Meeting on Thursday, December 21, 2017 at the town hall.

Supervisor Hogue called the meeting to order at 2:00 p.m.

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

Katherine Barnhart, Councilwoman

Susan Parks Landis, Councilwoman

Steve Budofsky, Councilman

Absent – John W. Galligan, Councilman

Recording

Secretary – Joanne K. Nagoda, Town Clerk

Others

Present – Karen Ellsweig, Councilwoman Elect

David Bodenstein – Mike Preis Insurance

Supervisor Hogue introduced David Bodenstein of Mike Preis Insurance who gave an overview of our insurance coverage with NYMIR. Last year land use claims were excluded from coverage, they are now covered. It is an increase in coverage. There is an increase in the cost of the policy of about $400 and that is all in the public official’s line it has nothing to do with the Town of Forestburgh, it is NYMIR across the board. They took a rate increase in the public official’s line. The board questioned if the building is covered for the building and contents, Mr. Bodenstein replied yes. MOTION by Supervisor Hogue, seconded by Councilwoman Barnhart to renew the town’s insurance with Mike Preis Agency. Vote: 4 ayes – 0 nays. Motion carried.

GENERAL FUND VOUCHERS - #323 -333 in the sum of $3,952.28 as set forth in abstract # 13 were audited for payment. MOTION by Councilwoman Barnhart, seconded by Councilwoman Landis to pay general fund vouchers. Vote: 4 ayes – 0 nays. Motion carried.

HIGHWAY FUND VOUCHERS - #171 -184 in the sum of $15,923.84 as set forth in abstract # 13 were reviewed for payment. MOTION by Supervisor Hogue, seconded by Councilman Budofsky to pay highway fund vouchers except Prestige and R & C until more documentation is provided. Vote: 4 ayes – 0 nays. Motion carried.

COMMUNICATIONS – Clerk Nagoda read a thank you card from the Galligan family for the flowers and kindness extended to them during Gerry’s illness and untimely passing.

BUDGET TRANSFERS – In order to balance the books to close out the year we need to make the following budget transfers:

General Fund -

From:To:Amount:

A1110.2 Justice EquipmentA1110.4 Justice Cont.$2,500.00

A1620.2 Town Hall EquipA1620.4 Town Hall Cont.$3,000.00

A1670.4 Print/MailingA1650.4 Central Communications$750.00

A3310.4 Traffic ControlA3620.4 Safety Cont.$500.00

A1950.4 Judgment/ClaimsA8020.4 Planning Bd. Cont.$6,0000.00

A1420.4 AttorneyA9710.7 Bond Interest$1,275.00

A1420.4 AttorneyA9710.6 Bond Principal$1,000.00

Highway Fund –

DA9010.8 RetirementDA9060.8 Health Insurance$2,500.00

MOTION by Supervisor Hogue, seconded by Councilman Budofsky to authorize the transfer of general fund monies. Vote: 4 ayes – 0 nays. Motion carried.

MOTION by Supervisor Hogue, seconded by Councilwoman Barnhart to authorize the transfer of the highway fund monies. Vote: 4 ayes – 0 nays. Motion carried.

FIRE ADVISORY BOARD - Zack Petrowsky is currently our representative on the County Fire Advisory Board. He would like to be re-appointed as recommended by the Forestburgh Fire Company. MOTION by Supervisor Hogue, seconded by Councilwoman Barnhart to re-appoint Zack Petrowsky to the County Fire Advisory Board. Vote: 4 ayes – 0 nays. Motion carried.

UNSAFE STRUCTURE RESOLUTION – This is a resolution to start the process to have the old Black Brook Hunting Club building removed.

RESOLUTION # 24

A RESOLUTION OF THE TOWN BOARD OF THE TOWN OF FORESTBURGH ORDERING THE REPAIR OR REMOVAL AND/OR DEMOLITION OF A STRUCTURE AND SCHEDULING A PUBLIC HEARING

WHEREAS, a written report was presented to the Town Board of the Town of Forestburgh by the Building Inspector regarding an unsafe structure, to wit: 2805 State Rt. 42, Forestburgh, New York 12777, Town of Forestburgh SBL 13.-1-1.14; and

WHEREAS, evidence was received by the Board that the structure is unsafe, dangerous and unfit for use as a dwelling; and

WHEREAS, evidence was received by the Board that the name of the owner or person in possession as appears from the tax and deed records is Im Yon Chu; and

WHEREAS, the Board has determined that it is in the best interest of the residents of the Town of Forestburgh to repair or remove and/or demolish said structure; and

WHEREAS, in keeping with the provisions of Chapter 74 of the Code of the Town of Forestburgh, the Board has also determined that it is in the best interest of the residents of the Town of Forestburgh to conduct a public hearing on the issue.

NOW, THEREFORE, BE IT RESOLVED

THAT the property in question is an unsafe structure as defined by Chapter 74 of the Code of the Town of Forestburgh, to wit: a structure under construction located at 2805 State Rt. 42, Forestburgh, New York 12777, Town of Forestburgh SBL 13.-1-1.14; and

THAT the structure is unsafe, dangerous and unsafe to the public; and

THAT BY ORDER OF THE TOWN BOARD OF THE TOWN OF FORESTBURGH dated December 21, 2017, said structure is hereby ordered to be made safe and secure or removed within 30 days of the service of a notice duly served pursuant to Chapter 74 of the Town Code, and shall be completed within 60 days thereafter; and

THAT in the event that such owner and such persons having an interest in the property or structure as herein prescribed wish to contest the order, a hearing will be held before the Town Board on February 1, 2018, at 6:45 p.m., and in the event such owner or persons having an interest shall fail to contest such order or fail to comply with same, the Town Board will order the repair or removal of such building or structure by the Town and the Town will assess all costs and expenses incurred by the Town in the removal or repair of such structure against the land on which such building or structure is located; and

THAT said hearing shall be held on February 1, 2018, at 6:45 p.m., at:

Town of Forestburgh Town Hall

332 King Rd.

Forestburgh, New York 12777

THAT a Notice in compliance with Chapter 74 of the Town Code shall be served upon all entities having any right, title or legal interest in said property in accordance with the local law.

By order of the Town Board of the Town of Forestburgh, dated December 21, 2017.

MOTION by Councilwoman Barnhart, seconded by Councilwoman Landis to adopt said resolution ordering repair or removal of property owned by Im Yon Chu. Vote: 4 ayes – 0 nays. Motion carried.

TOWN OF FORESTBURGH

NOTICE OF PUBLIC HEARING

PLEASE TAKE NOTICE that a hearing will be held by the Town Board of the Town of Forestburgh on February 1, 2018, at 6:45 p.m. at the Town Hall at 332 King Rd., Forestburgh, New York 12777 to determine whether the order of securing or removal of an unsafe structure (as defined by Chapter 74 of the Town Code, located at 2805 State Rt. 42, Forestburgh, New York 12777, Town of Forestburgh SBL 13.-1-1.14), of the Town Board of the Town of Forestburgh shall be affirmed or modified or vacated and, in the event of modification or affirmance, to assess all costs and expenses incurred by the Town in the repair or removal of such building or structure against the land on which said building or structure is located including legal fees. At such hearing the owner or occupant shall have the right to contest the order and findings of the Town Board.

Said hearing shall be held at:

Town of Forestburgh Town Hall

332 King Rd.

Forestburgh, New York 12777

PLEASE TAKE FURTHER NOTICE that

The name of the owner or person in possession as appears from the tax and deed records is Im Yon Chu.

The property in question is an unsafe structure as defined by Chapter 74 of the Town Code, located at 2805 State Rt. 42, Forestburgh, New York 12777, Town of Forestburgh SBL 13.-1-1.14. The structure is unsafe, dangerous and unfit for use as a dwelling because:

The structure is an unprotected wood frame type VB construction.
Significant structural degradation has taken place, expedited by lack of maintenance, including unsound roof covering, broken glazing and unsecured doors.
Interior floor system partially removed for possible material salvage, rubble stone foundation has several voids and has exhibited structural failure in the front of the building.
Severe water damage is evident throughout the structure, and many structural components are degraded by decay.

BY ORDER OF THE TOWN BOARD OF THE TOWN OF FORESTBURGH dated December 21, 2017, said structure is hereby ordered to be made safe and secure or removed within 30 days of the service of the notice, and shall be completed within 60 days thereafter.

NOTICE: In the event that such owner and such persons having an interest in the property or structure as herein prescribed wish to contest the order, a hearing will be held before the Town Board on February 1, 2018, at 6:45 p.m., and in the event such owner or persons having an interest shall fail to contest such order or fail to comply with same, the Town Board will order the repair or removal of such building or structure by the Town and the Town will assess all costs and expenses incurred by the Town in the removal or repair of such structure against the land on which such building or structure is located.

BY ORDER OF THE TOWN BOARD OF THE TOWN OF FORESTBURGH, dated December 21, 2017.

MOTION by Supervisor Hogue, seconded by Councilman Budofsky to adopt said notice of public hearing

Scheduled for February 1, 2018 at 6:45 p.m. in the town hall. Vote: 4 ayes – 0 nays. Motion carried.

ADJOURNMENT – MOTION by Councilwoman Barnhart to adjourn at 2:37 p.m.

Respectfully submitted,

Joanne K. Nagoda,

Town Clerk