TOWN OF WOODSTOCK
TOWN BOARD BUSINESS
MEETING
7:00PM, TUESDAY, July 20th,
2021
TOWN OFFICE, 45 COMEAU
DRIVE
Supervisor Bill McKenna presiding
Council Members present:
Councilman Reggie Earls – arrived five minutes late***
Councilman Richard Heppner
Councilwoman Laura Ricci
Councilman Lorin Rose - absent
Deputy Supervisor Maria Elena Conte - present
The press was represented by
Nick Henderson and Felicia Katschik and Bill Kemble. At 7pm, Supervisor opened the meeting.
ANNOUNCEMENTS:
·
Michele Hinchey and Supervisor McKenna will
honor Dr. Neal Smoller (Woodstock Apothecary) for his great work during
Covid-19 in securing vaccines for the Town of Woodstock residents. The event
will be 6pm on July 21, on the Village Green, weather permitting.
·
The Town Board received a request from
residents on Pine Grove Street for a two day block party. It was agreed to schedule a public hearing to
allow for road closure. The Board is not
sure they like the idea of a two day party, or if it should only be one day.
PUBLIC HEARINGS:
·
Continue with Local Laws #1 and 2
RESOLUTIONS:
·
Accepting
of minutes
·
Accepting
Town Clerk’s report
·
Authorizing
transfers and payment of vouchers
·
Resignation
from Housing Committee
·
Hire
Full-Time Police Officer
·
SEQRA
determination and enactment of LOCAL LAW #1, year 2021
·
Comeau Renovation Bonding Resolution
·
Close Public Hearing on Moratorium Law
·
Proposed Local Law No. 2, year 2021
RESOLUTION
164-2021
ACCEPT
MEETING MINUTES
Offered
by Supervisor McKenna, seconded by Councilwoman Ricci:
BE IT RESOLVED,
to accept
minutes for meetings held on 6/22, 6/28, 7/13.
All
voted 4-0: Supervisor McKenna – aye
Councilman Heppner –
aye
Councilwoman Ricci –
aye
Councilman Earls - absent
Councilman Rose -aye
RESOLUTION
165-2021
ACCEPT
TOWN CLERK’S REPORT
Offered
by Supervisor McKenna, seconded by Councilman Heppner:
BE
IT RESOLVED,
to accept the Town Clerk’s report.
All
voted 4-0: Supervisor McKenna – aye
Councilman Heppner –
aye
Councilwoman Ricci –
aye
Councilman Earls - absent
Councilman Rose -aye
RESOLUTION
165-2021
AUTHORIZE
PAYMENT OF AUDITED VOUCHERS
Offered
by Supervisor McKenna, seconded by Councilman Heppner:
BE IT RESOLVED, to authorize payment of audited vouchers in the amount
of $145,186.36.
All
voted 4-0: Supervisor McKenna – aye
Councilman Heppner –
aye
Councilwoman Ricci –
aye
Councilman Earls - absent
Councilman Rose -aye
RESOLUTION 166-2021
AUTHORIZE TRANSFERS
Offered by Supervisor McKenna, seconded by
Councilwoman Ricci:
BE IT RESOLVED, to authorize transfers
per Transfer Sheet.
All
voted 4-0: Supervisor McKenna – aye
Councilman Heppner –
aye
Councilwoman Ricci –
aye
Councilman Earls - absent
Councilman Rose -aye
RESOLUTION
167-2021
ACCEPT
RESIGNATION FROM HOUSING COMMITTEE
Offered
by Supervisor McKenna, seconded by Councilman Heppner:
BE
IT RESOLVED,
to accept the resignation of Robert Young from the Housing Committee, effective
June 29th, 2021.
BE
IT FURTHER RESOLVED, to
thank him for his service.
All
voted 4-0: Supervisor McKenna – aye
Councilman Heppner –
aye
Councilwoman Ricci –
aye
Councilman Earls - absent
Councilman Rose -aye
RESOLUTION
168-2021
HIRE
PERMANENT FULL-TIME POLICE OFFICER
Offered
by Supervisor McKenna, seconded by Councilman Heppner
BE
IT RESOLVED, to
hire Robert Benjamin, as contingent permanent full-time Police Officer for the
Town of Woodstock, at a rate of $25.72, effective July 15th, 2021.
All
voted 4-0: Supervisor McKenna – aye
Councilman Heppner –
aye
Councilwoman Ricci –
aye
Councilman Earls - absent
Councilman Rose -aye
RESOLUTION
169-2021
ADOPT
LOCAL LAW #1, 2021
Offered
by Supervisor McKenna, seconded by Councilwoman Ricci:
WHEREAS the Woodstock Town
Board proposes adoption of a Local Law, Fill and Grading Law, creating an
enforcement and permit process for fill and grading projects, and
WHEREAS pursuant to the New
York State Environmental Quality Review Act this Town Board declares itself
lead agency and further declares no coordinated review is required, and
WHEREAS,
on
February 3, 2021 the Ulster County Planning Board reviewed the draft law and
made several advisory recommendations which the Woodstock Town Board
implemented, and
WHEREAS, the Woodstock Town
Board held a Public Hearing on July 13th ,2021 and re-opened the
Hearing on July 20th, 2021, to receive public comment, and
WHEREAS, adopting a Fill and
Grading Law will enhance the quality of life for the residents of the Town of
Woodstock and will have no adverse environmental impact, and
WHEREAS,
the
Supervisor completed parts one and two of SEQR,
THEREFORE,
BE IT RESOLVED,
that the Supervisor is authorized to complete and file with the Town Clerk a
Negative Declaration of Environmental Impact, and
BE
IT FURTHER RESOLVED,
to close the public hearing, and
BE
IT FURTHER RESOLVED,
to adopt Local Law #1 of the year 2021.
All
voted 5-0: Supervisor McKenna – aye
Councilman Heppner –
aye
Councilwoman Ricci – aye
Councilman Earls - aye
Councilman Rose -aye
RESOLUTION
170-2021
COMEAU
RENOVATION BONDING RESOLUTION
Offered
by Supervisor McKenna, Councilwoman Ricci and Deputy Supervisor Conte, seconded
by Councilwoman Ricci:
A
BOND RESOLUTION, DATED JULY 20, 2021, OF THE TOWN BOARD OF THE TOWN OF
WOODSTOCK, ULSTER COUNTY, NEW YORK (THE “TOWN”), AUTHORIZING THE CONSTRUCTION,
RECONSTRUCTION, RENOVATION, AND IMPROVEMENTS TO THE TOWN OFFICES, AT AN ESTIMATED MAXIMUM COST OF
$2,990,000; AUTHORIZING THE ISSUANCE OF SERIAL BONDS IN AN AGGREGATE PRINCIPAL
AMOUNT NOT TO EXCEED $1,000,000 OF THE TOWN, PURSUANT TO THE LOCAL FINANCE LAW
TO FINANCE SUCH PURPOSE, SUCH AMOUNT TO BE OFFSET BY ANY FEDERAL, STATE, COUNTY
AND/OR LOCAL FUNDS RECEIVED; AUTHORIZING THE APPROPRIATION OF AN AMOUNT NOT TO
EXCEED $1,990,000 FROM THE TOWN’S CAPITAL PROJECT FUND; DELEGATING THE POWER TO
ISSUE BOND ANTICIPATION NOTES IN ANTICIPATION OF THE SALE OF SUCH BONDS TO THE
TOWN SUPERVISOR; DETERMINING THAT THIS BOND RESOLUTION SHALL BE SUBJECT TO A
MANDATORY REFERENDUM; AND DELEGATING THE POWER AND DUTIES FOR THE MANDATORY
REFERENDUM TO THE TOWN SUPERVISOR.
WHEREAS, the Town Board
of the Town of Woodstock, in the County of Ulster, New York (the “Town”)
desires to undertake the construction, reconstruction, renovation, and
improvements to the Town Offices; and
WHEREAS, the Board
will, by motion, provide for a mandatory referendum on this bond resolution, in
accordance with the Local Finance Law and Town Law, and such referendum will be
by a single proposition and will be scheduled to take place at the time of the
November general election;
NOW THEREFORE, BE IT
RESOLVED, by the Town Board of the Town (by the favorable vote of not less than
three-fifths of all the members of the Board) as follows:
SECTION
1. The Town is hereby authorized to undertake the construction,
reconstruction, renovation, and installation of various improvements to the
Town Offices consisting primarily of the (a) construction of an
approximately 2,500 square foot, one-story addition to the main building and
(b) renovation of the existing buildings to upgrade the wiring, heating
and air conditioning, insulation, windows, and doors, including
any necessary site work and the acquisition and installation of furnishings,
equipment, machinery, and apparatus, and ancillary costs required for
such purpose, including preliminary costs and costs incidental thereto and in
connection with the financing thereof (collectively, the “Purpose”). The
estimated maximum cost of the Purpose is an amount not to exceed $2,990,000.
SECTION
2. The Town Board plans to finance the estimated maximum cost of the
Purpose by the issuance of serial bonds in an aggregate principal amount
not to exceed $1,000,000 of the Town, hereby authorized to be issued therefor
pursuant to the Local Finance Law such amount to be offset by any federal,
state, county and/or local funds received. The remaining $1,990,000 of
the estimated maximum cost of the Purpose to be paid from the Town’s Capital
Project Fund, the withdrawal and appropriation of such moneys from the Town’s
Capital Project Fund is hereby authorized by this resolution. Unless paid from
other sources or charges, the cost of such Purpose is to be paid by the levy
and collection of taxes on all real property in the Town to pay the principal
of said bonds and the interest thereon as the same will become due and payable.
SECTION
3. It is hereby determined that the Purpose is a class of objects or
purposes described in Section 11.00(a)(12)(a) of the Local Finance Law,
and that the period of probable usefulness of the Purpose is at least fifteen
(15) years.
SECTION
4. The following additional matters are hereby determined and stated:
(a)
Certain facilities described in Section 1 above are class “A” or “B”
buildings, as defined in Section 11.00(a)(11)(a) of the Law.
(b)
Current funds are not required to be provided prior to the issuance of the
bonds authorized by this resolution or any notes issued in anticipation of the
sale of such bonds.
(c)
The proposed maturity of the obligations authorized by this resolution will be
in excess of five years.
SECTION
5. The faith and credit of the Town are hereby irrevocably pledged
for the payment of the principal of and interest on such bonds (and any bond
anticipation notes issued in anticipation of the sale of such bonds) as the
same respectively become due and payable. An annual appropriation will be
made in each year sufficient to pay the principal of and interest on such bonds
or notes becoming due and payable in such year. Unless paid from other
sources or charges, there will annually be levied on all the taxable real
property of the Town a tax sufficient to pay the principal of and interest on
such bonds or notes as the same become due and payable.
SECTION
6. Subject to the provisions of this resolution and of the Local
Finance Law, pursuant to the provisions of Section 30.00 relative to the
authorization of the issuance of bond anticipation notes or the renewals of
such notes and of Section 21.00, Section 23.00, Section 50.00, Sections
56.00 to 60.00, Section 62.00, Section 63.00, and Section 164.00 of the Local
Finance Law, the powers and duties of the Town Board pertaining or incidental
to the sale and issuance of the obligations herein authorized, including, but
not limited to, authorizing bond anticipation notes and prescribing the terms,
form and contents and details as to the sale and issuance of the bonds herein
authorized and of any bond anticipation notes issued in anticipation of the
sale of such bonds, and the renewals of such notes, are hereby delegated to the
Town Supervisor, the chief fiscal officer of the Town. Without in any way
limiting the scope of the foregoing delegation of powers, the Town Supervisor,
to the extent permitted by Section 58.00(f) of the Local Finance Law, is
specifically authorized to accept bids submitted in electronic format for any
bonds or notes of the Town.
SECTION
7. The temporary use of available funds of the Town, not immediately
required for the purpose or purposes for which the same were borrowed, raised
or otherwise created, is hereby authorized pursuant to Section 165.10 of the
Local Finance Law, for the purpose or purposes described in Section 1 of this
resolution. The Town then reasonably expects to reimburse any such
expenditures (to the extent made after the date hereof or within 60 days prior
to the date hereof) with the proceeds of the bonds authorized by Section 2 of
this resolution (or with the proceeds of any bond anticipation notes issued in
anticipation of the sale of such bonds). This resolution shall constitute
the declaration of the Town’s “official intent” to reimburse the expenditures
authorized by Section 1 hereof with such bond or note proceeds, as required by
United States Treasury Regulations Section 1.150-2.
SECTION
8. The Town Supervisor is further authorized to take such actions and
execute such documents as may be necessary to ensure the continued status of
the interest on the bonds authorized by this resolution, and any notes issued
in anticipation thereof, as excludable from gross income for federal income tax
purposes pursuant to Section 103 of the Internal Revenue Code of 1986, as
amended (the “Code”) and may designate the bonds authorized by this resolution,
and any notes issued in anticipation thereof, as “qualified tax-exempt bonds”
in accordance with Section 265(b)(3) of the Code.
SECTION
9. The Town Supervisor is further authorized to enter into a
continuing disclosure agreement with the initial purchaser of the bonds or
notes authorized by this resolution, containing provisions which are
satisfactory to such purchaser in compliance with the provisions of Rule
15c2-12, promulgated by the Securities and Exchange Commission pursuant to the
Securities Exchange Act of 1934.
SECTION
10. The Town has complied with applicable federal, state and local
laws and regulations regarding environmental matters, including compliance with
the New York State Environmental Quality Review Act (“SEQRA”), comprising
Article 8 of the Environmental Conservation Law and, in connection therewith,
duly issued a negative declaration and/or other applicable documentation, and
therefore, no further action under the State Environmental Quality Review Act
is necessary.
SECTION
11. In the absence or unavailability of the Town Supervisor, the
Deputy Town Supervisor is hereby specifically authorized to exercise the powers
delegated to the Town Supervisor in this resolution.
SECTION 12. The
validity of such serial bonds or of any bond anticipation notes issued in
anticipation of the sale of such serial bonds may be contested only if:
(a)
(1) such obligations are authorized
for an object or purpose for which the Town is not authorized to expend money,
or
(2) the provisions of law which
should be complied with at the date of publication of this resolution are not
substantially complied with
and an action,
suit or proceeding contesting such validity is commenced within twenty days
after the date of such publication, or
(b) such obligations are authorized
in violation of the provisions of the Constitution of New York.
SECTION
13. This bond resolution is subject to a mandatory referendum. A
proposition for the approval or disapproval of this bond resolution shall be
submitted as a proposition to the qualified voters of the Town at the general
election to be held on November 2, 2021, and the resolution shall take
effect upon approval by such qualified voters at such election.
SECTION
14. Subject to the provisions of this resolution and of the Town Law, pursuant
to the provisions of Section 82 of the Town Law, the powers and duties of the
Town Board pertaining or incidental to the mandatory referendum herein
authorized including, but not limited to, setting forth in full the proposition
to be voted upon, are hereby delegated to the Town Supervisor, the chief fiscal
officer of the Town.
SECTION
15. This bond resolution shall take effect upon approval of such proposition
(in accordance with the provisions of the Local Finance Law) by such qualified
voters at such general election.
SECTION 16. In addition to the foregoing, the Town Board hereby authorizes and
directs the Town Clerk to do the following:
(a) To maintain and distribute copies of this resolution, ready for
public review and inspection in the Office of the Town Clerk and any and all
other locations deemed necessary by the Town Clerk and the Town Supervisor to
comply with New York State law regarding referenda; and
(b) To take all necessary steps, with assistance of the Town Attorney and
the Town’s bond counsel, to ensure that such proposition is properly placed
before the duly qualified voters of the Town at the general election to held on
November 2, 2021.
SECTION 17. If the proposition is approved, the Town Clerk is hereby authorized
and directed to publish this resolution, or a summary thereof, together with a
notice in substantially the form provided by Section 81.00 of the Local Finance
Law, in the official newspaper or newspapers of the Town.
*** Councilwoman Ricci said she is looking
forward to the renovation/addition and believe the employees need it. Councilman Heppner said he may need a couple
more days to consider the numbers.
Supervisor said when the architects first made their presentation
pre-covid, the cost was approximated at 2.1 million dollars. In todays market, it is now estimated at 2.9
million dollars. The Town has 2 million,
would bond for another million unless the prices start to come down on
construction. The start of renovations
would be early spring 2022. Councilman
Heppner said he wanted to make sure the public is aware of the cost of the
project. Supervisor McKenna and
Councilwoman Ricci said they could do Firehouse meetings, special meetings,
information in the paper, etc.
After some discussion, the vote was called:
All
voted 4-1-0: Supervisor McKenna – aye
Councilman Heppner – aye
Councilwoman Ricci – aye
Councilman Earls - aye
Councilman Rose - abstained
RESOLUTION
171-2021
CLOSE
THE MORATORIUM PUBLIC HEARING
Offered
by Supervisor McKenna, seconded by Councilman Heppner:
BE
IT RESOLVED, the
Woodstock Town Board hereby closes the public hearing on Local Law No. 2 of
2021, a Local Law Imposing a Nine-Month Moratorium on the Processing and
Approval of Demolition Permits for Residential Structures and Applications for
Transient Accommodation Uses, Short Term Rentals, and Residential Conversions.
***Discussion
– Supervisor McKenna said the Town used to have a good relationship with Air
BNB until recently when it sent an email out to owners of BNB’s that the Town
is trying to stop all BNB’s. That is far
from the truth. The Town cap has been
met. Councilman Heppner said the work
that will be needed during the 9 month moratorium has already begun. The Housing committee has been working hard
at trying to find ways to create affordable housing in the community. The moratorium will give the Town some room
to breathe. Supervisor McKenna said the
Town Board is strongly interested in resolving a potential for over development
and develop what the Town needs. He thanked Deborah Dewan for her expertise. The Woodstock Land Conservancy is a great
partner in this discussion regarding housing needs and the ecology. The Housing Committee members know the work
involved and are ready and committed.
All voted 5-0: Supervisor McKenna – aye
Councilman Heppner –
aye
Councilwoman Ricci –
aye
Councilman Earls - aye
Councilman Rose -aye
RESOLUTION
172-2021
ADOPT
LOCAL LAW #2, 2021
Offered
by Supervisor McKenna, seconded by Councilman Heppner:
WHEREAS, A proposed local law
entitled, “Local Law Imposing a Nine-Month Moratorium on the Processing and
Approval of Demolition Permits for Residential Structures and Applications for
Transient Accommodation Uses, Short Term Rentals, and Residential Conversions in
the Town of Woodstock” was introduced at a meeting of the Woodstock Town Board
(“Town Board”) held on May 10, 2021; and
WHEREAS, the local law would implement a temporary
nine (9) month moratorium on the processing and approval of applications for
building permits, special use permits, special permits, variances, site plan
approval, registrations, lot line revision, subdivision approval or other
approvals or permission related to the undertaking, establishment, placement,
development, excavation, enlargement, construction or erection of the following
in the Town: 1) Bed-And-Breakfasts, 2) Hotels; 3) Motels; 4) Short-Term
Rentals; 5) all other forms of Transient Accommodations/ Lodging; and 6) the
conversion of a Residential structure or use to a Non-Residential structure or
use. The local law would also place a moratorium on the issuance of demolition
permits for existing residences that are not deemed a hazard where there is no
demonstrated intent to construct or reconstruct a residence on the subject property;
and
WHEREAS, the Town Board duly
forwarded the proposed Local Law to the Town of Woodstock Planning Board (“Town
Planning Board”) and the Town of Woodstock Housing Committee for their review
and comment; and
WHEREAS, the proposed Local Law
was referred to the Ulster County Planning Board (“County Planning Board”) for
review and by letter dated July 7, 2021, the County Planning Board responded
with a recommendation that the length of the proposed moratorium be reduced
from nine (9) months to six (6) months with provision for two possible three
(3) month extensions; and
WHEREAS, the Town Board duly
noticed and held a public hearing on the proposed local law on June 8, 2021 at
which time it heard from interested members of the public. The Town Board
continued to receive comments on the proposed local law until the public
hearing was closed on July 20, 2021; and
WHEREAS,
the Town Board has considered all comments received from interested members of
the public, including the Town of Woodstock Housing Committee, the County
Planning Board, Town Planning Board; and
WHEREAS, the Town Board hereby
finds and determines that it needs a nine (9) month period of time covered by
this moratorium to carefully review and complete this review, and to prepare
and adopt any needed amendments to the Town’s land use laws and regulations,
which will necessarily involve scheduling and holding the required public
hearing, performing the appropriate environmental review, compliance with
applicable provisions of law and filing with the Secretary of State of the
State of New York; and
WHEREAS, the Town Board has determined that the
proposed Local Law is in compliance with the objectives of the Town’s
Comprehensive Plan and its adoption would be in the best interests of the
health, safety and welfare of the Town; and
WHEREAS, the Town Board finds,
pursuant to 6 NYCRR 617.5(c)(30) the adoption of a moratorium on land
development or construction is a Type II action under the New York State
Environmental Quality Review Act (“SEQRA”) which has been determined not to
have a significant impact on the environment or is otherwise precluded from
environmental review under Environmental Conservation Law, article 8 and is
therefore not subject to review under 6 NYCRR Part 617 or Environmental
Conservation Law article 8.
NOW THEREFORE, BE IT
RESOLVED AS FOLLOWS BY THE
TOWN BOARD OF
WOODSTOCK, ULSTER COUNTY, NEW YORK:
THAT
THE
Town Board of the Town of Woodstock hereby determines that Proposed Local Law
No. 2 of 2021, attached hereto and made a part hereof, is hereby adopted; and
IT
IS FURTHER RESOLVED,
that the Town Clerk and the Attorney for the Town are hereby directed to take
such actions as are necessary to implement this resolution.
All
voted 5-0: Supervisor McKenna – aye
Councilman Heppner –
aye
Councilwoman Ricci –
aye
Councilman Earls - aye
Councilman Rose -aye
PUBLIC BE HEARD: One
person spoke in favor of the moratorium
At 8:00pm, Supervisor McKenna moved to
adjourn, seconded by Councilman Rose:
All voted aye 5-0.
Respectfully submitted,
_______________________________
Jacquelyn E. Earley, RMC, Town Clerk
