TOWN OF FORESTPORT
PUBLIC HEARING-
Proposed Local Law #5 of 2023- Public Nuisance and Abatement Law
WOODGATE FIRE HALL
12445 State Rte. 28, Forestport, N.Y. 13494
October 18, 2023 @ 6:15 PM
PRESENT: Supervisor Entwistle
Councilwoman Kardash
Councilman Scouten
Councilwoman Verschneider
ABSENT: Councilwoman Abrial

RECORDING SECRETARY: Tracy Terry, Town Clerk

CALL TO ORDER:
The meeting was called to order at 6:15 pm by Supervisor Entwistle
LEGAL NOTICE:

NOTICE IS HEREBY GIVEN that the Town Board of the Town of Forestport will be holding a Public Hearing on October 18, 2023, at 6:15 PM at the Woodgate Fire Hall, 12445 State Rte.28, Woodgate, NY, 13494. The Public Hearing is being held to review and hear public comments regarding proposed Local Law #5 of 2023, Public Nuisance Abatement Law.
BY ORDER OF THE TOWN BOARD
Tracy M. Terry – Forestport Town Clerk

PUBLIC COMMENTS:
• Susan, from the Gallery stated she hopes it passes as they have tried every avenue. She also handed letters signed by the homeowners on Bower Road that will placed in the minutes book.
• Supervisor Entwistle stated when violations become habitual and they have reached out to the police to no avail, the law allows them to make a complaint to the town deemed a Public Nuisance. The first step is a complaint to the Codes Officer, and he does an investigation. If he feels it is warranted, the next step is to have an Administrative Hearing, comprised of a 3-member board. One member is appointed by the Codes Officer and two are appointed by the Supervisor. The Committee can be anyone from the town. They would send a summons to appear before the committee to answer the charges. Both parties can present evidence. At the end, the committee can decide to proceed with two avenues. One is a temporary avenue- the certificate of Occupancy can be revoked for 30 days, issue fines up to $1,000 per incident and the second is to refer the matter to the Supreme Court. This avenue is a civil matter. The Town Attorney is paid on retainer no matter how much she works.
• Susan asks if the injunction could mean the ATVs are confiscated. Supervisor Entwistle stated he has to look into it.
• Supervisor Entwistle stated a lot of concerns are it is very specific and complicated. He wanted to make it clear, if it is passed could never be used in the instance of snowmobiles going on a legitimate snowmobile trail.
• Steve, from the Gallery asked if this able to be subpoenaed and do they have to show evidence to file a complaint. Supervisor Entwistle stated it is subpoenaed and if they make a complaint, they will fill out an initial complaint, deposition and any evidence to back their complaint. If there isn’t even information, the Codes Officer may deem this an unfounded complaint.
• Councilwoman Verschneider asked if they filed a complaint with the police. Supervisor Entwistle stated calling 911 is filing a complaint. The troopers have been unsuccessful in catching them in the act.
• Ron, from the Gallery asked if there were particular hours of the day this is in effect. It was answered no.
• Roy, from the Gallery asked about someone starting their diesel up every morning. Can this law get turned around, saying they were singled out. Supervisor Entwistle stated no, but possibly if it was used improperly, there are many steps before anyone will see results from this.
• Supervisor Entwistle stated this is not specific to snowmobiles or 4-wheelers.
• Dave, from the Gallery stated the law is too vague. He also asked about the Citizen’s Complaint.
• Dan, from the gallery asked if any of the Board members have been down Bower Road. Councilwoman Kardash stated she has but hasn’t been able to catch them.
• Anne, from the Gallery stated she had a similar issue and was given a phone number so the call wouldn’t go on the scanner.
• Supervisor Entwistle asked how many have received a copy of the Proposed Local Law. The Board is not going to vote on this and the Hearing will be recessed until next month. He asked that anyone with questions, comments or changes they would like in the Local Law to email them to the Town Clerk or himself. He also stated since Councilwoman Verschneider has been asking to have the State Trooper come to the meeting, he would like to invite the State Trooper and the Sherriff. He is going to see when they are available and try making a Special Meeting.
• Susan from the Gallery stated there is an actual situation happening now, but everyone is talking about a potential situation. Councilwoman Kardash stated as a Board member, when they pass a Local Law, they have to make sure it is right for the residents and for the future.
• Supervisor Entwistle stated this Law does not fall under a referendum.

RECESS:

There being no further business the meeting was recessed the Public Hearing at 7:06 pm by Supervisor Entwistle.

REOPENING: November 15, 2023, at the Regular Town Board meeting.

PRESENT: Supervisor Entwistle
Councilwoman Kardash
Councilman Scouten
Councilwoman Abrial
ABSENT: Councilwoman Verschneider

RECORDING SECRETARY: Tracy Terry, Town Clerk

CALL TO ORDER:

The proposed Local Law #5 Public Nuisance Public Hearing was reopened at 6:30PM by Supervisor Entwistle and the Pledge was recited.

Supervisor Entwistle stated at this point it is clear where everyone stands for and against the Local Law. He will take a couple comments.

All letters submitted for the Public Hearing are attached to the minutes.

PUBLIC COMMENTS:
There were no public comments.

ADJOURNMENT:
A motion was made by Councilwoman Kardash and seconded by Councilwoman Abrial to close the Public Hearing regarding the Nuisance Ordinance.
4 ayes/ 0 nays/ 1 absent MOTION CARRIED
Respectfully submitted,

Tracy M. Terry
Forestport Town Clerk