Regular Town Board Meeting- September 20, 2023
TOWN OF FORESTPORT
REGULAR TOWN BOARD MEETING MINUTES
WOODGATE FIRE HALL
12445 State Rte. 28, Forestport, N.Y. 13338
September 20, 2023 @6:30
PRESENT: Supervisor Entwistle
Councilwoman Kardash
Councilwoman Abrial
Councilwoman Verschneider
ABSENT: Councilman Scouten
RECORDING SECRETARY: Tracy Terry, Town Clerk
CALL TO ORDER
ABSTRACTS:
WATER DISTRICT #1:
A motion was made by Councilwoman Verschneider and seconded by Councilwoman Abrial to pay Abstract #9, Vouchers #115- #128 in the amount of $2,250.52
4 ayes/ 0 nays/ 1 absent MOTION CARRIED
BUCKHORN WATER:
A motion was made by Councilwoman Abrial and seconded by Councilwoman Kardash to pay Abstract #9, Vouchers #34- #38 in the amount of $510.09
4 ayes/ 0 nays/ 1 absent MOTION CARRIED
SEWER DISTRICT #1:
A motion was made by Councilwoman Abrial and seconded by Councilwoman Kardash to pay Abstract #9, Vouchers #64- #70 in the amount of $24,541.12
4 ayes/ 0 nays/ 1 absent MOTION CARRIED
$15,000 is for the Engineer for the WWIP.
GENERAL:
A motion was made by Councilwoman Verschneider and seconded by Councilwoman Abrial to pay Abstract #9, Vouchers #468- #511 in the amount of $48,562.18
4 ayes/ 0 nays/ 1 absent MOTION CARRIED
$21,000 is fuel oil for the Town Hall.
HIGHWAY:
A motion was made by Councilwoman Kardash and seconded by Councilwoman Verschneider to pay Abstract #9, Vouchers #263- #309 in the amount of 35,344.08
4 ayes/ 0 nays/1 absent MOTION CARRIED
TOWN CLERK MINUTES:
A motion was made by Councilwoman Abrial and seconded by Councilwoman Verschneider to accept the minutes from the:
Town Board Regular Meeting- August 16, 2023
4 ayes/ 0 nays/ 1 absent MOTION CARRIED
REPORTS
WATER DISTRICT #1
WATER DISTRICT #2
SEWER
TOWN CLERK REPORT
JUSTICE REPORT
PLANNING REPORT
SUPERVISOR REPORT
A motion was made by Councilwoman Kardash and seconded by Councilwoman Verschneider to approve the reports as a whole.
4 ayes/ 0 nays/1 absent MOTION CARRIED
NOCCOG:
Lisa Bellinger of NOCCOG went over the monthly announcements.
WATER:
• Lucas Update: Lucas is finishing up his training class and his training hours. He is enjoying the job.
SEWER:
• WWIP: Supervisor Entwistle received a notice from the DEC that they are not pleased with the progress. The project was supposed to be finished by May 1st. The town is continuing to receive engineer bills but cannot use the grant money yet.
OLD BUSINESS BOARD:
• Bower Road: Supervisor Entwistle let the residents on Bower Road know they should try filing a Citizen’s Complaint next time they call 911. A Public Nuisance Abatement allows the town to have the Codes Officer issue a ticket. Dave Ultsch, from the gallery stated this would allow people to turn their neighbors in. Councilwoman Verschneider asked about putting it up to referendum. Supervisor Entwistle stated people will be able to voice their concerns by the town providing copies of the proposed law, publishing the Public Notice in the newspaper and on the website. Discussion took place. The following is a letter that was given to the Town Board:
September 20, 2023
Dear Members of the Forestport Town Board;
While we are not able to attend the Town Board meeting tonight, we would like to express our feelings and thoughts in regards to your motion of creating a nuisance law. We are the current owners of 3089 Bower Rd in Forestport, NY. We are in favor of a nuisance law that would curb a person or persons that create loud or obnoxious noise or any activities that create a dangerous and/or illegal activity on their property or property of others within the Town of Forestport.
The current events that are happening on Bower Rd could harm neighbors or neighbor’s property and hinder surrounding area property owners from enjoying the peaceful solitude of their homes. We feel that this ongoing problem can and will affect our property values. We do not object to law abiding citizens that are respectful of their neighbors. It is an ongoing problem that is not being addressed. Those people who abuse these laws are not able to be prosecuted unless caught while in the act, which seems unfair.
If the only way to stop this, is to give the codes enforcement the tools to be able to stop these acts with fines and possible criminal charges that can be enforced, then we ask the Town Board to please consider creating a nuisance law that would do this and will help the Town of Forestport stay the welcoming, warm town that it is.
Respectfully,
Don and Dorie Kasper
A motion was made by Councilwoman Abrial and seconded by Councilwoman Kardash to schedule a Public Hearing on October 18, 2023, at 6:15PM at the Woodgate Fire Hall regarding the Public Nuisance Abatement Law.
4 ayes/ 0 nays/1 absent MOTION CARRIED
• Comprehensive Master Plan- kickoff meeting scheduled for October 19th: Supervisor Entwistle suggested everyone to keep a lookout for fliers and QR codes. The goal is to get as much public input as possible. Don Frank had some questions regarding the Comprehensive Plan. Discussion took place.
• Budget workshops – 10/2 and 10/3: Supervisor Entwistle stated the Town Board will go over the entire budget on the 2nd and go into Executive Session to discuss wages and Personnel on the 3rd .
• Afterschool Program: There are 6 kids currently signed up for this program and Adirondack School will bus the children to the Town Hall. Applications are still being accepted. Discussion took place regarding setting a tuition fee for out-of-town children to attend.
• STAR negotiations: Joe Smith emailed his vision for the five towns to keep them financially stable to Supervisor Entwistle. There is not a date yet for the negotiations.
• Fall EXPO: The EXPO is set for September 27th, next Wednesday. There will be many vendors to assist anyone.
NEW BUSINESS BOARD:
• •Kincaid Road repairs: There have been repeated washouts on the Kincaid Road Bridge. Bill had a plan to repair the washouts and the DEC had questions about the plan. Bill is asking for an engineer. Steve Case, with the DEC stated what they are looking for. Supervisor Entwistle has reached out to several other engineers. Steve said if they had an actual plan and knew it would take place when it opens again in the spring, that would be fine. The DEC has granted extensions.
• Budget updates – tax levy and rates for 2024: The tax levy is figured, and the tax rate is 2.30 /1,000 up four cents since last year.
• Curb cut estimate: The quote is for $12,000. Supervisor Entwistle stated that was too much money and Councilwoman Verschneider agreed.
• Retirements for 2023/2024:
Councilwoman Nancy Kardash is retiring after 12 years.
Dorothy Hajdasz, the Highway Clerk is retiring after 27 years.
Dawn Campbell, Bookkeeper to the Supervisor, retiring after 22 years.
• Mystery trip for Seniors: The trip leaves at 10am and returns around 2-2:30.
• Joel Schneider: The Attorney and the Codes Officer are looking to turn this over to the Court for a violation of the Site Review Law. Supervisor Entwistle read the following from Tony Donatelli, Code Enforcement Supervisor:
CODE ENFORCEMENT OFFICE
Tony Donatelli, Codes Supervisor
10275 Route 28
P.O. BOX 137
FORESTPORT, NY 13338
315-392-2801 EXT. 8
C# (315)795-0358
Website: Townofforestport.org
Date: 9/12/23
Subject: Joel Schneider
Address: Woods Road
Tax ID 27.000-1-6.9 and 10
I am writing this letter to inform you that you are in violation of Forestport site review law article section 10.1 by having an unpermitted cabin (14×30) on your property. Although I have gone to great lengths to explain the requirements you need to obtain a permit, you have neglected to do so. It is also important to note that you vehemently argued each requirement for obtaining your building permit. Throughout my dealings with you have been consistently rude and unreasonable, even going as far as attacking me on a personal level. At this point moving forward all our correspondence will be done strictly via email. I have compiled a bulleted list of your outlandish comments and arguments you have made when trying to get you to comply with the requirements the town of Forestport has set forth:
– Mr.Schneider argued why I needed to know where he was going to build on his property “It’s his land and he can put his cabin wherever he wants” (I repeatedly explained to him that there are several setback regulations needed to obtain a building permit).
– Mr.Schneider argued that the overall fee structure was way too high (I repeatedly explained to him that I did not make up the amounts on the fee schedule).
-Mr.Schneider argued first that his 14×30 shed was movable and shouldn’t need a permit (I repeatedly explained that the term movable is for structures on wheels).
Mr.Schneider argued that although his structure had a front porch and was going to have a bed in it for sleeping it should be considered a shed (I explained repeatedly that if you are sleeping in the structure it would be considered a cabin, not a shed).
Mr.Schneider argued that even though he was going to stay in his cabin overnight it did not need to meet code requirements (such as 85lbs). (I explained to him repeatedly that he would need to have an engineer design his structure to meet NYS codes regulations).
Mr.Schneider argued that he did not need a septic system as a way to get rid of human waste because he was going to put his human waste in a bucket and take it home with him. (I explained repeatedly that taking human feces home in a bucket was not a suitable way of dealing with human waste).
Mr.Schneider argued that he was going to use his human feces for fertilizer on his property because it is the same thing farmers do. (I explained repeatedly that taking human feces and using it as fertilizer was not a suitable way of dealing with human waste).
Mr.Schneider argued that he had a septic design engineered for an additional cabin that he “may” put in down the road (I (along with his engineer) explained repeatedly that the septic system needs to be for the cabin he is applying for a permit for, not a cabin that he may or may not build down the road).
10/22 Mr. Schneider told me that he was putting it in his cabin this year with or without the permit because he was using it for hunting this year. I informed Mr. Schnider I would be contacting the town attorney and he would be dealing with the matter legally. I spoke to Jessica Young and informed her of the ongoing unfortunate situation.
A motion was made by Councilwoman Verschneider and seconded by Councilwoman Abrial to refer this to the Town Attorney for Court action.
4 ayes/ 0 nays/1 absent MOTION CARRIED
NEW BUSINESS PUBLIC:
• Ron Davies, from the Gallery asked if the fuel oil was put out to bid. Supervisor Entwistle stated it is not put out to bid. Halpin’s charges 10 cents under the state bid. Ron asked why the Highway is using so much salt this year. Councilwoman Kardash stated Bill is locked in to buying the salt the year prior and the salt prices are going up every year.
• Roy, from the Gallery asked what the update is with the Solar Project. Supervisor Entwistle stated the state has changed their permitting process. They changed their delineation process and wildlife studies. The project was supposed to be started in 2024, but now it will most likely happen in 2026.
ADJOURNMENT:
A motion was made by Councilwoman Kardash and seconded by Councilwoman Verschneider to adjourn the meeting.
4 ayes/ 0 nays/1 absent MOTION CARRIED
There being no further business, the meeting was adjourned at 7:44 pm by Supervisor Entwistle.
Respectfully submitted,
Tracy M. Terry
Forestport Town Clerk