Government Operations Meeting
Catskill Town Hall
October 30, 2008 5:00 pm
Attendance: Peter Markou. Supervisor
Robert Antonelli, Councilman
Lewis O’Connor, Councilman
Patrick Walsh, Councilman
Michael Smith, Councilman
Elizabeth Izzo, Town Clerk
Michael Sterthous, Town Council
Supervisor Markou opened the meeting. He mentioned to Mr. Sterthous that the Board wanted advice from counsel on the Fallik case.
Mr. Sterthous stated there were two things at play. One is that the neighbors have a private action against Mr. Fallik for enforcement of some private deed conveyance. He has not seen their claim, but knows that the Court entered a judgment granting in their favor. This is a private action and private decision and now there is a motion seeking to enforce this order. This is a private matter and the Town has no legal obligation to enforce deed restrictions.
The Town was involved in the Fallik matter initially in respect to an unsafe mobile home. It did not meet the zoning code and the Town Board at that point determined it was an unsafe building. Mr. Fallik had the mobile home removed. This has been resolved. There are still vehicles on the property that may or may not be inspected, they may or may not be road worthy and it appears that Mr. Fallik has been living in one. The question is, does the Town have authority and should the Town take action to remove those vehicles. The Town Board has relied on the junk law which states unlicensed or unregistered vehicles violate the law and there are procedures in the law for the Town to take action.
The question that arises is there a public nuisance or is it a nuisance solely because it is in violation of the junk law and should the Town’s resources be spent to try to evict someone from what they are living in, that doesn’t violate the zoning code, but does the junk law, or does the Town’s resources get these vehicles where they need to be from a legal registration perspective.
Councilman Smith asked if we had the decision that was dated February 15th that was in the notice of motion.
Mr. Sterthous stated it was a motion by default because Mr. Fallik didn’t appear. It does not go into details so you would need to see the original complaint which he did not have.
Councilman Smith stated the relief that was granted was the relief requested by the plaintiff. Mr. Sterthous concurred and stated the order makes reference to deed restrictive covenants.
Councilman O’Connor wanted to know if we were going to follow our junk law.
Mike Sterthous stated the Town does not have to be compelled to enforce the junk law. Councilman O’Connor feels we should act on it. Mr. Fallik was supposed to be moved out by February 15, 2008.
Councilman Smith stated Mr. Fallik is living in an RV and what he needs to do is to register it and then it becomes a non-issue for the Town. He feels it is arrogant from the homeowner’s point of view that it is simple to take care of and he is not doing it. He feels the Town should act.
Councilman O’Connor stated Mr. Fallik explained why the vehicle is not registered. He should have him tow it to a mobile home park or a trailer park.
Denise Sossa, Code Enforcement Officer, stated Mr. Fallik came in and provided proof of insurance, but he has outstanding tickets in NYC.
Supervisor Markou stated we gave him 30 days to register the RV’s at the last meeting. Michael Sterthous stated he does not know the property, but he is giving the Board discretion and there is an inherent difficulty of evicting someone from their home, whatever that home might be, even under the guise of the junk law. The Town should consider the extent of the nuisance to see how to proceed.
Councilman O’Connor stated there are two RV’s on the property, both unregistered. He stated we can remove the one he is not living in. When we move the home he is living in, we have to make sure he is evicted.
Councilman Smith asked if we need to bring an L & T proceeding. Mike Sterthous stated yes, given the wrinkle of him living in the structure. There may need to be an enforceable order from court that would be exercised by the Sheriff. This is more complicated and it would cost resources. He is unsure what the exact nuisance is. The original nuisance, which everyone was involved with, the mobile home, has been rectified. The best result is to have the individual register the RV. It would not solve the neighbor problem however.
Mike Sterthous reiterated that the Town has discretion on whether they enforce the junk law.
Councilman O’Connor will, at the next regular Board meeting, make a motion to remove the one RV and give Mr. Fallik 30 days to have the other registered.
Councilman Smith asked if the issue is the DMV and if there is anything we can do as a Town Board to facilitate getting these vehicles registered. All other Board members stated no.
Mike Sterthous stated that he might want to request some sort of response from DMV because there are specific issues, like someone who moved or died, there would need to be some affidavit to satisfy DMV.
Supervisor Markou stated he has a meeting with Joe McGrath on November 6.
He then addressed the clean water state revolving fund for Cementon. There is a problem in Cementon that needs to be addressed. When he was at the CDBG meeting last week, it was stated that it will be more competitive than ever before. There needs to be an upgrade to the sewer system that the residents will not be able to bear the cost of. He will be contacting our grant writer to start the process of applying for funding from the Clean Water Revolving Fund. The Town has been invited to participate which may give an edge to a CDBG grant.
Supervisor Markou stated that Mike Sterthous could leave as he felt the Board did not need him anymore. Mr. Sterthous asked if the second issue was going to be discussed. Supervisor Markou stated no because he wants to talk to DOS first.
Supervisor Markou ran into Pat Snowden from Rural Development and she asked about the proposed water district #3. Supervisor Markou has touched base with Fraser Associates.
Supervisor Markou spoke about the Quadricentenniel celebration. The Town received a $45,000 grant with in-kind match. No longer worry about in-kind match. If anyone has any thoughts in how to celebrate New York’s 400th birthday, please let him know.
Supervisor Markou received a phone call from HOCA to see if the Town would be sponsoring the fireworks at the December stroll. The price last year was $3500. It was the agreement of the Board to not sponsor fireworks this year.
Councilman Smith stated a business owner on Main Street approached him in regards to the potential situation of people not being able to pay for heat etc. and if the Town could have placards placed in store windows with emergency numbers.
Councilman Antonelli told him to contact Greene County Department of Social Services as they are the organization that would assist people.
Councilman O’Connor would like a resolution that the Code Enforcement Officer be mandated to go to a call if a fire chief or other person in charge of a fire scene so warrant one. Supervisor Markou stated he is to meet with John McGrath and Mike Sterthous to see if the law needs to be expanded. He has a personal concern on going out on a call and declaring a building unsafe if the Code Officer cannot be reached.
Councilman O’Connor would like us to check out an inter-municipal agreement. Councilman Antonelli stated maybe a schedule should be drawn up in the Code Enforcement Office.
With no further discussion a motion to adjourn the meeting was made by Councilman Antonelli and seconded by Councilman Walsh. Meeting ended 6:16 pm.
Respectfully submitted,
Elizabeth Izzo
Town Clerk
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