Catskill Town Board Meeting
Catskill Town Hall
December 4, 2007 6:30 pm
Attendance: Joseph Izzo, Supervisor
Joseph Leggio, Councilman
Robert Antonelli, Councilman
Lewis O’Connor, Councilman
Patrick Walsh, Councilman
Elizabeth Izzo, Town Clerk
Also Attending: Linda Speckman,Code Enforcement Officer
Alfie Beers, Highway Superintendent
Todd Mathes, Town Attorney, Whiteman, Osterman & Hannah
Supervisor Izzo opened the meeting with a moment of silent prayer and the Pledge of Allegiance.
Supervisor Izzo reviewed the minutes:
11/07/2007 Public Hearing #21-2007 Preliminary Budget (2008)
Motion Councilman Antonelli
Second Councilman Leggio
Ayes 5, Nays 0, Absent 0
11/07/2007 Monthly Town Board Meeting
Motion Councilman Antonelli Second Councilman Leggio
Ayes 5, Nays 0, Absent 0
11/19/2007 Special Meeting #9-2007 2008 Budget
Motion Councilman Antonelli
Second Councilman Leggio
Ayes 5, Nays 0, Absent 0
11/20/2007 Town Board Committee Meeting
Motion Councilman Antonelli
Second Councilman Leggio
Ayes 5, Nays 0, Absent 0
Supervisor Izzo reviewed the resolutions:
RESOLUTION # 136-2007 NAMING A PRIVATE ROAD-
HILLENBRAND DRIVE
Councilman Robert Antonelli ,presented the following for consideration and adoption,
WHEREAS, Herbert F. Smith has applied to the Greene County Department of Emergency Services for a private road name, and
WHEREAS, Mr. Smith has requested this private road be named “Hillenbrand Drive”, and
WHEREAS, the Town of Catskill Highway Superintendent has reviewed this request and finds the name Hillenbrand Drive to be acceptable, so
THEREFORE WE, the Catskill Town Board hereby approve that this private road be named Hillenbrand Drive, located off of Old Kings Road.
Councilman Joseph Leggio, seconded this motion.
Ayes 5, Nays 0, Absent 0. Motion Carried.
RESOLUTION #137-2007 APPROVAL BY TOWN BOARD
FOR USER FEES FOR CEMENTON SEWER RESIDENTS
Councilman Robert Antonelli, presented the following for consideration and adoption,
WHEREAS, the bi-annual fee for the year 2007 Cementon Sewer User Fee will be due commencing January 1, 2008, and
WHEREAS, the fee for the first half of the year 2008, will be $301.14, per unit, so
THEREFORE WE, the Catskill Town Board approve the Cementon sewer user fee for the first half of the year 2008, in the amount of $301.14 per unit.
Councilman Joseph Leggio, seconded this motion.
Ayes 5, Nays 0, Absent 0. Motion Carried.
RESOLUTION # 138-2007 AMEND 2007 BUDGET
RESOLUTION
Councilman Robert Antonelli, presented the following for consideration and adoption,
WHEREAS, the following General Fund budget transfers and revised appropriations for 2007, need to made to the following accounts:
A1110.4 Justice Court $5,500.00
A1620.4 Town Hall Renov $30,000.00
A1990.4 Contingency $1,000.00
A8160.4 Landfill Cont $3,000.00
A9030.8 Social Security $16,000.00
A1110.11 Justice Clerks $13,000.00
A1330.4 Tax Collector Cont $1,000.00
__________________________________________
Total $69,500.00
SO, THEREFORE WE, the Catskill Town Board hereby approve the following transfers and revised revenue appropriations from the below accounts:
A1450.4 Elections Cont $5,000.00
A1910.4 Insurance $2,000.00
A1355.41 Appraisal consult $3,000.00
A8810.2 Cem Equipment $3,000.00
A9010.8 State Retirement $6,000.00
A1220.4 Town Sup Cont $3,000.00
A1430.4 HR Personal Cont $4,000.00
A45404.35 Ambulance EMS $43,500.00
__________________________________________
Total $69,500.00
Councilman Joseph Leggio, seconded this motion.
Ayes 5, Nays 0, Absent 0. Motion Carried.
These are for accounts that have or may exceed their budget appropriations for 2007.
RESOLUTION # 139-2007 APPOINTMENT TO BOARD OF
ASSESSMENT AND REVIEW
TOWN OF CATSKILL (Cheek)
Councilman Robert Antonelli, presented the following for consideration and adoption,
WHEREAS, the Board of Assessment and Review currently has a vacancy, and
WHEREAS, the Town Board wishes to make an appointment to fill this vacancy, so
WE, THEREFORE RESOLVE, to appoint Zane Cheek to the Board of Assessment and Review, effective December 4, 2007 and to expire on September 30, 2013.
Councilman Joseph Leggio, seconded this motion.
Ayes 5, Nays 0, Absent 0. Motion Carried.
RESOLUTION # 140-2007 APPOINTMENT TO BOARD OF
ASSESSMENT AND REVIEW
TOWN OF CATSKILL(Pleugh)
Councilman Robert Antonelli, presented the following for consideration and adoption,
WHEREAS, Dave Titus’s appointment to the Board of Assessment Review was to expire September 30, 2011, and
WHEREAS, Mr. Titus has submitted his resignation for said Board, and
WHEREAS, the Town Board would like to appoint Ms. Jeannette Pleugh to fill the unexpired term to said board, so
WE, THEREFORE RESOLVE, to appoint Jeannette Pleugh to the Board of Assessment and Review, to fill the unexpired term, effective December 4, 2007 and to expire on September 30, 2011.
Councilman Patrick Walsh, seconded this motion.
Ayes 5, Nays 0, Absent 0. Motion Carried.
RESOLUTION # 141-2007 APPOINTMENT TO BOARD OF
ASSESSMENT AND REVIEW
TOWN OF CATSKILL(McNeany)
Councilman Robert Antonelli, presented the following for consideration and adoption,
WHEREAS, Ed Moccia’s appointment to the B.A.R. was to expire on September 30, 2009, and
WHEREAS, Mr. Moccia has resigned from the Board of Assessment and Review, and
WHEREAS, the Town Board would like to appoint Mr. Raymond McNeany to fill the unexpired term to said board, so
WE, THEREFORE RESOLVE, to appoint Raymond McNeany to the Board of Assessment and Review effective December 4, 2007 and to expire on September 30, 2009.
Councilman Joseph Leggio , seconded this motion.
Ayes 5, Nays 0, Absent 0. Motion Carried.
RESOLUTION #142-2007 ANNUAL TRAINING
PLANNING/ZONING
BOARD MEMBERS
Councilman Robert Antonelli, presented the following for consideration and adoption,
WHEREAS, Town Law Sections 267 and 271, Village Law Sections 7-712 and 7-718, and General City Law Sections 27 and 81 provide that effective January 1, 2007, all planning board and zoning board of appeals members in New York State, as well as alternate members of those boards, must complete a minimum of four hours of training each year; that year for the Town of Catskill will be the “Official Year”; January 1, xxxx through December 31, xxxx; and
WHEREAS, the above sections of state law provide that the legislative body of the Town, Village, and City specifies which activities qualify as training to satisfy the State requirements; and
NOW, THEREFORE, be it
RESOLVED, that the following list of agencies, commissions, associations, universities, and other organizations are approved to provide training to meet the State requirements when the training they provide pertains to municipal planning, zoning, community design, environmental issues, economic development, and local government functions and practices:
1. The NYS Department of State; Department of Agriculture and Markets; Office of the State Comptroller; Department of Health; Department of Transportation; Department of Environmental Conservation; Office of Parks, Recreation, and Historic Preservation; Hudson River Valley
Greenway; and
2. The New York State Association of Towns; the New York Conference of Mayors; the New York State Association of Counties; the New York Planning Federation; the American Planning Association; the Upstate New York Chapter of the American Planning Association and its sections; and
3. The Capital District Regional Planning Commission; Central New York Regional Planning and Development Board; Herkimer-Oneida Counties
Comprehensive Planning Program; Lake Champlain-Lake George Regional Planning Board; Long Island Regional Planning Board; Southern
Tier Central Regional Planning and Development; Southern Tier East
Regional Planning Development Board; Southern Tier West Regional
Planning and Development Board; Genesee-Finger Lakes Regional Planning Council; Hudson Valley Regional Council; Tug Hill Commission; and Adirondack Park Agency; and
4. The Greene County Planning Department; Greene County Soil and
Water Conservation District; and
5. The Albany Law School Governmental Law Center and Institute
For Legal Studies; Pace Law School; Cornell University and its
Cooperative extension; and
6. On-line planning and zoning training programs offered by the New
York Municipal Insurance Reciprocal, Pace University and Land Use
Law Center; and the Lincoln Institute of Land Use Policy;
AND LET IT FURTHER be
RESOLVED, that other training activities may be approved on a case-by-case basis by the Town Board/Village Board of Trustees/City Council upon the request of a Planning Board or Zoning Board of Appeals member; and be it further
RESOLVED, that any new member appointed to fill the last 6 months of a term shall not be required to have attended training to be reappointed to a first full term, but must thereafter comply with the municipal training policy as provided elsewhere herein; and be it further
RESOLVED, that training received by a planning board member or zoning board of appeals member in excess of four hours in any one year may be carried over by the member into succeeding years; and be it further
RESOLVED, that if a Planning Board member of Zoning Board of Appeals member be deficit in meeting the four hours of training my make up such training within the first two months of the succeeding year; and be it further
RESOLVED, that the Chairman’s of the Planning Board and Zoning Board of Appeals shall create and maintain a system of tracking the training of individual members complete annually; and such information shall be presented to the appointing authority prior to considering a member for reappointment.
Councilman Joseph Leggio, seconded this resolution
Ayes 5, Nays 0, Absent 0. Motion Carried.
RESOLUTION # 143-2007 SCHEDULE PUBLIC
HEARING TOWN/VILLAGE
JOINT COMPREHENSIVE PLAN
Councilman Robert Antonelli, presented the following for consideration and adoption,
WHEREAS, the Catskill Town Board has received a draft Comprehensive Plan from the Town/Village Joint Comprehensive Planning Committee, and
WHEREAS, the Town of Catskill wishes to schedule a public hearing on such Town/Village Joint Comprehensive Plan, so
THEREFORE WE, the Catskill Town Board hereby set a public hearing as set forth by Town Law, Section 272 (a), Subsection 6c concerning this matter on December 18, 2007 at 6:00 pm at Catskill Town Hall, 439-441 Main Street, Catskill NY.
Councilman Joseph Leggio, seconded this motion
Ayes 5, Nays 0, Absent 0. Motion Carried
RESOLUTION # 144-2007 DECLARE LEAD AGENCY
STATUS FOR JOINT TOWN/
VILLAGE COMPREHENSIVE
PLAN
Councilman Robert Antonelli, presented the following for consideration and adoption,
WHEREAS, the Catskill Town Board passed a resolution to be SEQR Lead Agent for the Town/Village Comprehensive Plan, and
WHEREAS, the Town of Catskill sent our request to Other Involved Agencies:
New York State Department of Health
New York State Department of Environmental Conservation
Village of Catskill
Greene County Planning Board
New York State Department of Conservation
New York State Department of Transportation
Who may wish to be Lead Agent in this matter, and
WHEREAS, these other involved agencies did not indicate that they wish to undertake Lead Agent status within the thirty day time frame, so
THEREFORE WE, the Catskill Town Board hereby accept SEQR Lead Agency status for the Joint Town/Village of Catskill Comprehensive Plan.
Councilman Joseph Leggio, seconded this motion
Ayes 5, Nays 0, Absent 0. Motion Carried.
Resolution # 145-07 ORDER DEMOLITION OF UNSAFE STRUCTURE
WHEREAS, on November 7, 2007, the Town of Catskill Code Enforcement Officer issued a report to the Town Board under the Town’s Unsafe Buildings Law, Local Law No. 2 of 1982, relating to a single wide manufactured home structure located at 100 Paradise Lake Road in the Town of Catskill (hereinafter, “the Structure”);
WHEREAS, based upon the Code Enforcement Officer’s personal inspection of the property located at 100 Paradise Lake Road, the Code Enforcement Officer’s November 7, 2007 report indicates that the Structure is unsafe to the general public, open at the windows, and is unfit for use or occupation; and
WHEREAS, the Code Enforcement Officer’s report also acknowledges that the Structure lacks an appropriate foundation, anchor / tie down and skirting, and is not connected to a septic system; and
WHEREAS, many of the above mentioned deficiencies of the Structure pertain specifically to the requirements of the Town of Catskill Mobile Home Law which was enacted by the Town to protect the health, safety and welfare of the Town’s residents, and, therefore, the failure of the Structure to comply with the foundation, anchor / tie down and skirting requirements of the law pose a significant threat to the public health and safety; and
WHEREAS, deficiencies of the Structure also pertain to requirements of the NYS Uniform Fire Prevention and Building Code and the Zoning Law of the Town of Catskill, and certain of those violations have heretofore been noticed by the Code Enforcement Officer as against the owner of the property, and the Town and the owner of the property have appeared before the Town of Catskill Town Court in connection with enforcement of the aforesaid violation notices; and
WHEREAS, based upon a review of the Code Enforcement Officer’s November 7, 2007 report, the Town Board hereby finds and determines that as a result of inadequate maintenance and subsequent dilapidation of the Structure, the Structure has become unsafe and dangerous, may become a place of rodent infestation as a result of the absence of skirting and broken windows, is an attractive nuisance to minors since the Structure is not secured, and is unfit for the purposes for which the Structure may otherwise be lawfully used;
NOW THEREFORE, be it resolved that the Town Board orders that, based upon the November 7, 2007 report of the Code Enforcement Officer and the findings of the Town Board stated herein, the Structure shall be demolished and removed from 100 Paradise Lake Road as provided for under the Unsafe Buildings Law, within twenty (20) days after service of notice to the landowners as provided for under sections 90-6 and 90-7 of the Unsafe Buildings Law and herein; and
BE IT FURTHER RESOLVED, that:
1. the Town Board will hold a public hearing to afford an interested party an opportunity to be heard on this matter on December 19, 2007 at 6:00 p.m. at Town Hall, 439-441 Main Street, Catskill, New York 12414; and
2. the owner(s) of the 100 Paradise Lake Road property shall be given notice of said hearing in the manner provided under sections 90-6 and 90-7 of the Unsafe Buildings Law.
Councilman Joseph Leggio seconded this motion.
ROLL CALL VOTE
Supervisor, Joseph Izzo Aye
Councilman, Robert Antonelli Aye
Councilman, Joseph Leggio Aye
Councilman, Lewis O’Connor Aye
Councilman, Patrick Walsh Aye
Ayes 5, Nays 0, Absent 0. Motion Carried.
Councilman Leggio wanted to know is this was the last resort since all other possibilities have been exhausted. Mr. Mathes gave a brief overview of the past events with this case. He stated that this is separate and apart, but still connected.
Councilman Leggio mentioned that Mr. Fallik has stated that he sold the trailer for $1.00 and it is going to be moved 300 feet away. If there is a new owner prior to this public hearing, do we start the process all over again. Mr. Mathes stated yes since it is a new owner.
Supervisor Izzo stated there is another public hearing that needs to be set.
Resolution # 146-07 SCHEDULE A PUBLIC HEARING FOR NONCOMPLIANCE-JUNK (D’Angelo)
Councilman Robert Antonelli, offered the following for consideration and adoption,
WHEREAS, existing violations of the Code of the Town of Catskill, Junk, Chapter 15, Section 115-19, persist at 257 Vedder Rd., Town of Catskill, NY, Tax Map #138.00-8-9, and
WHEREAS, Order to Remedy was issued by Asst. Code Officer Denise Sossa, to be complied with before January 02, 2008, and
WHEREAS, (if) violations continue to exist, so
THEREFORE, WE RESOLVE to hold a Public Hearing #1-08, on the aforementioned matter, on January 02, 2008, at 6:00PM, at Catskill Town Hall, 439-441 Main Street, Catskill, NY, to hear comments and concerns regarding continued non-compliance.
Councilman Joseph Leggio seconded this motion.
Ayes 5, Nays 0, Absent 0. Motion Carried.
Supervisor Izzo spoke about an increase in the fee structure for the Code Enforcement Office. The Supervisor requested the Board change the fees except for the septic permits.
Councilman O’Connor wanted to see the end year numbers before making a decision on increasing the fee structure. He feels that there should be a different price between manufactured homes and stick built because there is a difference in the number of inspections that needs to be completed.
Councilman Leggio stated that feels that the number of inspections may be the same because with manufactured homes there are additions added such as a garage or deck.
Supervisor Izzo stated that we would not know the end year budget until February. He asked for direction from the Board.
This fee structure is based on the Department of State’s recommendation.
Councilman Antonelli wanted the vote tonight.
Resolution # 148-07 CODE ENFORCEMENT FEE SCHEDULE
Councilman Robert Antonelli offered the following for consideration and adoption,
WHEREAS, the Town Board has been informed, by the Code Officer, of recommendations set forth by the Department of State, and the permitting process, and
WHEREAS, the Department of State has also urged municipalities to move away from estimating cost of construction, to price per square footage for building permits, and
WHEREAS, there are some fee changes, required by new Department of Health regulations, so
THEREFORE, WE RESOLVE, to restructure the Code Enforcement Fee Schedule, as attached.
Councilman Patrick Walsh seconded this motion.
Ayes 3, Nays 2 (Leggio and O’Connor), Absent 0. Motion Carried
Supervisor Izzo reviewed the County Resolutions, Correspondence and the Monthly reports.
Supervisor Izzo signed the contract with the Catskill Soccer Club as did Ed Schindler, President of the Soccer club.
Resolution #147-2007 AUTHORIZATION TO SIGN SOCCER CLUB
CONTRACT.
Councilman Joseph Leggio, offered the following for consideration and adoption,
WHEREAS, the Catskill Soccer Club has entered into an agreement to place 3 Soccer fields, parking lot, a pavilion, small playground, and walking/running path around the perimeter of property being leased from St. Lawrence Cement, and
WHEREAS, the Catskill Town Board has agreed to provide said Soccer Club with $30,000.00, in order to complete the proposed project, so
THEREFORE, WE, the Catskill Town Board do hereby authorize the Supervisor to sign the agreement on behalf of the Town Board.
Councilman Robert Antonelli seconded this motion.
Ayes 5, Nays 0, Absent 0. Motion Carried.
(See Resolution # 135-2007)
Supervisor Izzo asked anyone in the audience if they had anything to say.
Mr. Joel Fallik objected to the Resolution for the public hearing. He feels he is being ambushed.
Monica Agosto, neighbor to Mr. Fallik, thanked the Board with respect to the Resolution and all that they have done and tried to do in regards to the Fallik property. Ms. Agosto wanted to state that she denies any criminal conduct on the part of herself or her family.
Mr. Fallik stated that Ms. Agosto is the head of a mob with torch and feathers.
Dan Howard stated that a memo was put in the Board’s boxes to recommend Allen Uhler to be reappointed to the Planning Board.
Linda Speckman, COE, spoke of a complaint in regards to the apartment houses on Pony Lane and garage not being picked up. The property owner stopped paying his garage bill so the company dumped the trash out of the bin and took the bin away. At that time, the Town Board authorized the COE to have the container brought back in and the expense equal lien on the property. This same problem is happening again. The property owner is not paying his mortgage and is in the process of foreclosure. The Board decided to have the garbage removed and have another lien on the property but also wants the residents of the property contacted to see if they would pay for trash removal.
Linda stated that Mr. Messner has been served with a summons and is to appear in Court on the 13th for this issue.
There are other problems with this property such as a sewage complaint and well water contamination. Councilman Leggio stated that the building could be red tagged.
Councilman Leggio stated back in April or May we passed a local law for exemption for building permits, between $6,000 and $80,000, for improvements to property. The Assessor has stated that no one has applied for the exemption. He is thinking that when people come in for a building permit we can attach an application.
Supervisor Izzo expressed his appreciation to Mr. Leggio for his service to the Board. He also expressed his appreciation to the Board since it is his last regular Town meeting for their hard work, diligence and commitment to the Town’s residents. He also thanked the public for those who have come to the Board meeting for their opinions and for being part of the governmental process.
He wished all a Happy Hanukkah and a Merry Christmas.
Motion to adjourn the meeting made by Councilman Antonelli and seconded by Councilman Leggio. Meeting adjourned 7:32 pm.
Respectfully submitted,
Elizabeth Izzo
Town Clerk
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