*****DRAFT*****
The Town of Forestburgh Town Board held their regular monthly meeting on Thursday, January 5, 2017 at the town hall.
Supervisor Hogue called the meeting to order at 7:18 p.m.
Roll Call: Present – Daniel S. Hogue, Jr., Supervisor
Katherine L. Barnhart, Councilwoman
John W. Galligan, Councilman
Susan Parks Landis, Councilwoman
Steve Budofsky, Councilman
Absent – None
Recording
Secretary – Joanne K. Nagoda, Town Clerk
Others
Present – E. Danielle Jose, Attorney for the town.
REPORTS –
Supervisor Hogue submitted a financial activity report for the month of December 2016.
Town Clerk, Joanne Nagoda submitted a report of clerk fees and activity for the month of December 2016.
Due to the holidays there are no justice reports filed.
MINUTES – Minutes of the December 1, 2016 regular monthly meeting were submitted for review. Councilwoman Barnhart stated that she had spoken to Clerk Nagoda about the comment of Mr. Bodenstein referring to “his girl Jess” – I would just like her to be correctly identified. Clerk Nagoda stated now that we finally found out her name, it will be amended.
MOTION by Councilwoman Landis, seconded by Councilman Budofsky to accept the minutes as amended. Vote: 5 ayes – 0 nays. Motion carried.
GENERAL FUND VOUCHERS - #322 – 326 in the sum of $1,758.78 as set forth in abstract # 14 for 2016 were audited for payment. Vouchers # 1 – 3 in the sum of $810.54 as set forth in abstract # 1 for 2017 were audited for payment. MOTION by Councilman Galligan, seconded by Councilman Budofsky to pay the 2016 and 2017 vouchers. Vote: 5 ayes – 0 nays. Motion carried.
There are no highway or escrow fund vouchers.
PUBLIC COMMENT –
Sabina Toomey –I just want to thank the town board for trying to save some money by looking into a possible new insurance for the town workers. I appreciate that, it’s important to try to take care of that. I am also glad that people were protected by their union. Thank you for looking into that, I think it was an important thing to do.
Jim Galligan – I see that you are talking about a proposed moratorium on solar farms, you are not talking about residential. Supervisor Hogue replied no, there is no formal proposal, right now it’s just talk, there is talk of a potential 20 acre solar farm and in order to protect the town we are looking into it. Attorney Jose stated that section 4 (d) states that it precludes residential. Councilwoman Barnhart stated that it also says it must serve the building on which it is attached, but doesn’t it also send electricity out? Supervisor Hogue replied yes, it serves its own building first but any additional goes into the grid. Councilwoman Barnhart replied that is not what this says. Attorney Jose stated we can change that.
Jim Steinberg – I am in talks with a solar company now. You generate what you use and the electric company only has to buy 9% back. Attorney Jose replied that she will change it to say “primarily serve the building to which they are attached”. Supervisor Hogue stated I would agree to that, its primary use is to serve the building that it’s attached to. I think the intent of any sort of law would be to establish some regulations, and after talking to the building inspector a good way to do it is by the amount of kilowatts generated.
Jim Steinberg – I see here on the agenda or it’s not on the agenda, where is the 284 form for the highway department? Supervisor Hogue stated in the reorganization, I didn’t receive the actual 284 form, however we just read it in the reorganizational. Clerk Nagoda handed Supervisor Hogue the 284 form and he read again what was read in the reorganizational meeting, $195,000 be set aside and expended for primary work on 33.6 miles of town road with permanent improvements for Rod & Gun Club Road, a distance of 1.39 miles for the sum of $150,000 with reclaim and hot mix, three inches with the remaining $45,350 to be spent on the remaining 24.2 miles of roads within the town.
CORRESPONDENCE –
Clerk Nagoda read a letter from Attorney Jacqueline Ricciani pursuant to the Town of Forestburgh Code of Ethics; I am disclosing my interest in Robert Green Auto and Truck Incorporated. I am a corporate secretary for this entity and I am married to the President, Robert Green. It has come to my attention that the town may be purchasing a work truck from this company. Although I am a corporate officer, I am not involved with the operations of this company nor do I receive any compensation. If you require any additional information or would like me to appear before the town board, please do not hesitate to contact me.
Next is a letter from Fred Stabbert of the Sullivan County Democrat asking us to make the Sullivan County Democrat the official town newspaper, which we just did in the reorganizational meeting.
Lastly is the packet with all of the information regarding the Association of Towns conference in New York City.
UNFINISHED BUSINESS
SULLIVAN RENAISSANCE MUNICIPAL GRANT – Several months ago the board requested that I submit the application for a matching grant of up to $10,000. There were several criteria and one that I submitted was through code enforcement is to take care of eyesores, dangerous and unsafe buildings. It was my thought that maybe we could clean up some of the Route 42 corridor. That was the preliminary one, by the end of this month the very in depth and detailed application has to be submitted. I would like to ask Councilwoman Barnhart to help me in writing that up. She replied yes. Sabina Toomey stated we already have a group working with Renaissance and we’d like to offer any help and we will be having a meeting because they will be having a seminar on their grants. Supervisor Hogue thanked her as any help on this grant is greatly appreciated. Councilwoman Landis stated that the fire department wants to help as well.
KENNEL LAW RESOLUTION – Supervisor Hogue stated that we have a resolution to amend the SEQRA law resolution to make it a Class 1 action; originally we had it as an unlisted action. So we have a resolution here to amend that.
RESOLUTION # 1
A RESOLUTION AMENDING THE INITIAL CLASSIFICATION
UNDER THE STATE ENVIRONMENTAL QUALITY REVIEW LAW,
REGARDING PROPOSED LOCAL LAW 2 OF 2017 ENTITLED
“KENNELS”
WHEREAS, the Town Board of the Town of Forestburgh, duly convened in a regular session on April 7, 2016, previously determined that the proposed adoption of a local law regarding entitled “Kennels” constituted an unlisted action for the purposes of SEQRA; and
WHEREAS, upon further review, it appears that the proposed adoption of Local Law 2 of 2017 entitled “Kennels” constitutes a Type I action for the purposes of SEQRA; and
WHEREAS, Type I actions require a long form Environmental Assessment Form and require the Town to send notice of lead agency status to interested and involved agencies.
NOW, THEREFORE, BE IT RESOLVED by the Town Board of the Town of Forestburgh:
Section 1.Pursuant to, and in accordance with, the provisions of section 617.6 (Initial Review of Actions and Establishing Lead Agency) of the New York State Environmental Quality Review Regulations (6 NYCRR part 617) the Town Board of the Town of Forestburgh hereby makes the following determinations and classifications with respect to the Town of Forestburgh Proposed Local Law entitled, “Kennels”:
1.The Town Board hereby amends its previous initial classification from “unlisted” to classification of the action as a Type I action pursuant to SEQRA.
2.The Town Board hereby determines that it is, and will be, the lead agency with respect to the adoption of, and approval of, the above-described Local Law.
Section 2.A copy of the proposed Local Law, Part 1 of the Environmental Assessment Form and a copy of this Resolution shall be sent by the Town Clerk to the Town of Forestburgh Planning Board, Town of Forestburgh Zoning Board of Appeals, Building and Code Inspector of the Town of Forestburgh, Sullivan County Department of Planning, N.Y. State Commissioner of Agriculture and Markets, N.Y. State Commissioner of Environmental Conservation, and N.Y. State Office of Parks, Recreation and Historic Preservation.
Section 3.This Resolution, subject to agreement of the agencies involved, shall become effective 30 calendar days from the date hereof.
Section 4. In the event no response is received from the aforementioned agencies within 30 calendar days, the Town of Forestburgh Town Board will assume the role of lead agency.
MOTION by Councilwoman Barnhart, seconded by Councilman Budofsky to adopt said resolution regarding Local Law # 2 of 2017 entitled “Kennels”. Vote: 5 ayes – 0 nays.
PORPOSED LOCAL LAW RE-ESTABLISHING THE PLANNING BOARD AS LEAD AGENCY ON PDD’S – Supervisor Hogue stated that some time ago we discussed re-establishing the planning board as lead agency on PDD applications. It has been forwarded to the planning board for their review. Matter tabled.
NEW BUSINESS
COOPER ARIAS CONSULTING AGREEMENT – Supervisor Hogue stated we would like an agreement to contract with Cooper Arias for 2017 in the amount of $500 a month not to exceed $6,000 annually. They will draw up another contract if everyone is in agreement.
MOTION by Councilwoman Barnhart, seconded by Councilman Budofsky to direct the supervisor to sign a contract with Cooper Arias Accounting for a period of one year at a cost of $500 per month not to exceed $6,000 annually. Vote: 5 ayes – 0 nays. Motion carried.
HOEY DEGRAW WATERWORKS TRANSFER –The waterworks that serves Black Brook Drive, Valley Road and Cross Street currently owned by the Hoey-DeGraw Waterworks is in the process of being sold. I know the residents received notice that it is being sold to American Water works. We and our attorney have all received copies of the proposal. They have gone back and forth a few times and our attorney does have some reservations. Attorney Jose stated there a few things I think the town board should have in place – it is all based on the transportation law. Councilwoman Barnhart asked what would happen if we didn’t approve it? Attorney Jose replied she didn’t really think it was an issue. Councilman Galligan stated they have a lot of problems with leaks and things – is this a reputable company? Attorney Jose replied she didn’t know about that she was just looking at the legal aspect of the transfer. Clerk Nagoda stated that the Hoey-DeGraw water works has been around for a long, long time and I know there isn’t a transportation corporation on file with the town for them. Maybe there doesn’t have to be because they are private. I know we have one on file for Lake Joseph for their water and sewer. Attorney Jose replied she hadn’t even thought of that, I will find out what the issues are and it’s been difficult to reach their attorney. Supervisor Hogue questioned the reason why the town gets involved is because it’s a public utility? Attorney Jose replied correct. The town will have nothing to do with running it or overseeing it we just have to be notified and approve it because it is within the bounds of the town. Councilman Galligan asked if there is some control over their fees. Attorney Jose replied yes through the public utility commission. If this board wants to take this action, it will be another notice of lead agency for this purpose only at the determination of the board. Supervisor Hogue stated that just for disclosure, my mother is on the water system and I did ask the attorneys if that is a conflict and it’s not because she doesn’t receive any dividends from it, she just pays the bill and gets her water. She did speak with the current person that is in charge of the water system and he will continue to monitor it and oversee it. Mrs. Hogue stated that she has the original map and it’s very, very old. It’s been breaking down quite a bit. Bill Culligan has been maintaining it as well as others in the Town of Thompson. They have asked him to stay on and continue maintaining it and they feel that since they are a corporation they can do the repairs necessary. I don’t know if it will be metered or how the bills will be determined. The current owner paid over $3,000 for the last maintenance problem and the next time there is a problem she can up it. Right now I pay $165 a quarter and if she has a problem she will let us know on the bottom of the bill what the balance is, but she isn’t making much money on it. Supervisor Hogue stated this is just informational; there is more work to do on that.
ELECTRICITY SUPPLIERS – Supervisor Hogue stated we received a letter from BidURenergy, Inc. they are requesting copies of all of our electric bills so they can submit a quote to supply the electric. I don’t know if the board would like to entertain that. Councilman Budofsky asked if we have to. Supervisor Hogue stated that you would still get your electric from Orange & Rockland but they send it. Councilwoman Barnhart stated she was on this once and when her “contract” was up she ended up paying a lot more until she switched back. Several board members agreed. Attorney Jose questioned the history of this company and since it’s a request for information are they looking to sue for failure of FOIL information. Clerk Nagoda stated they haven’t submitted a FOIL request. Supervisor Hogue read from their request “no obligation bid request form”. The board was unanimous in not participating in this.
ESCROW ACCOUNT – Supervisor Hogue stated that we received a letter from Bank of America that they no longer wish to handle escrow accounts. I requested all of our escrow information and found some interesting things. We have $10,488.56 in escrow for Black Creek which was established 10/31/2008, we have an escrow for Double Diamond which is active which was also established 10/31/2008, Eagle Creek which was for the construction of an addition on their building in the amount of $390 established in February 14, 2012, there is one for Birchwood Estates from 2013 for $695 and Pat Galligan has one since 2016 for $290. Richard Robbins asked if these monies were used to pay for consulting fees. The board replied yes. Supervisor Hogue asked the board which bank would we like to use and who will take escrow accounts. My second question is what should we do with these funds that are no longer being used? Clerk Nagoda stated that we need to provide an accounting and return the unused funds to the owner. Attorney Jose stated you should be sure the project is completed and there are no further invoices and the fees should be returned, naturally if a project is ongoing and active leave the funds there. Discussion was held on the Birchwood funds because they received approval for their project but never built what they were approved for. Supervisor Hogue stated that we have to close the escrow account by the end of February. The board directed the Supervisor to see what banks will accept escrow and open a new account. Discussion was also held on the Falls at Black Creek and how the project application was never complete and never approved and they just stopped appearing and/or responding. Eventually the application was deemed abandoned. Attorney Jose suggested sending a letter stating that the project has been deemed abandoned and here is your check.
CERTIFICATE OF DEPOSIT – We have a certificate of deposit that will renew at the end of the month at Catskill Hudson Bank, it’s a highway fund in the amount of $100,804.79 at 3.15%. What does the board wish that I do with it, let it roll over or put it out for bid. The board directed the Supervisor to put it out for bid at the highest rate.
PROPOSED MORATORIUM ON SOLAR FARMS AND PLANTS – We had briefly talked about this at previous meetings and I had asked Attorney Jose to draft something. There is word of a potential solar farm in town. Attorney Jose stated that if anyone wants any changes to this proposed law we have up until ten days before the public hearing. What I have prepared is a resolution scheduling a public hearing for this proposed law and there could be a resolution on that date to approve the local law establishing the moratorium. Planning Board Chair Robbins stated that our code is silent on solar facilities. There is a provision in the special use part of the code that permits one special use for public utility. There are specific things outlined in that paragraph but it does not reference solar. We don’t know if they are going to apply using that section or maybe they have some other creative way of trying to find a hole in our law that would enable them to apply. I think we need to clarify how, when, if and where and means and methods for doing this before we are faced with a bunch of applications that we have no rules for. Attorney Jose continued that this local law proposes a six month moratorium for processing applications for larger scale solar, not small scale. During that time, the town board can take appropriate action to come up with some legislation that will effectively deal with the issue. IN this there is a provision for two ninety day extensions that can be used by resolution of the town board. In addition to this I provided some manuals, one form the City University of New York and another university and also the law that Bethel just passed. I know that Highland has a local law and there should be a committee appointed that gets together and decides what the town wants. Councilman Galligan stated that the planning board should be involved. Attorney Jose stated that she suggests two town board members, two planning board members, two zoning board members and a few residents. Supervisor Hogue stated there are things that the town isn’t protected against, like our building inspector pointed out making sure there is an agreement in place with the electric company that they will take the power provided or another thing he pointed out is our permit fees, they could install ten million dollars of equipment and our fee might only be $50. Clerk Nagoda and Attorney Jose both suggested some sort of bond or something in place to remove it when it becomes obsolete. Councilwoman Landis suggested that the building inspector also be on that committee. Councilwoman Barnhart stated that we need to get on it and get it done so we don’t miss any opportunities. Attorney Jose stated that the committee should come up with proposed legislation within sixty to ninety days because otherwise we will be moving towards our first extension. Jim Steinberg stated that if you are putting solar panels on your home on your roof, you have to check with your homeowners insurance they may not let you install solar panels. You are talking about permits for both residential and commercial. You don’t want to tell someone they can do it and then their insurance won’t let them. Attorney Jose stated the moratorium is only for commercial solar applications. The local law will probably address both. Supervisor Hogue stated that we need a motion for a public hearing to establish a six month moratorium on the processing of applications for, or the issuance of any approvals or permits for solar farms or solar power plants in the Town of Forestburgh.