Catskill Town Board Monthly Meeting
Catskill Town Hall
August 01, 2006 7:04 pm
Present: Supervisor, Joseph Izzo
Councilman, Robert Antonelli
Councilman, Joseph Hanusik
Councilman, Lewis O’Connor
Deputy, Elizabeth Izzo
Absent: Councilman, Joseph Leggio
Also Present: Ambulance Administrator, Matthew Leibowitz
Code Enforcement Officer, Linda Speckman
Supervisor Izzo opened the meeting with a moment of silent prayer and the Pledge of Allegiance.
Presentations were then made by Supervisor Izzo and Ambulance Administrator Matthew Leibowitz to those members of the Town of Catskill Rescue Squad who volunteered their services to helping those of Delaware County during the most recent flooding.
The members of the Board commended those that helped.
A resident of Post Avenue came before the Board to see if zoning could be changed from rural residential to residential so variances would not be needed. Ms. Speckman, who is the Code Enforcement Officer, stated that Post Avenue lots are 100 x 100 and zoned rural so it makes it impossible for people to meet their setbacks. She believes it would make sense to rezone that area.
Supervisor Izzo asked if the resident applied to the Zoning Board for a variance. She applied today so it should be on the agenda for this month’s meeting. Even though she applied for her property she would like to see the zoning changed for the neighborhood.
Supervisor Izzo would like to have a petition from the residents asking that the zoning be changed.
Minutes from the previous meetings were accepted.
07/05/2006 Public Hearing #8-2006 Mid-Hudson Franchise Hearing
Motion Councilman Antonelli
Second Councilman Hanusik
Ayes 4 Nays 0 Absent 1 (Leggio)
07/06/2006 Monthly Town Board Meeting
Motion Councilman Antonelli
Second Councilman Hanusik
Ayes 4 Nays 0 Absent 1 (Leggio)
07/19/2006 Monthly Town Board Committee Meeting
Motion Councilman Antonelli
Second Councilman Hanusik
Ayes 4 Nays 0 Absent 1 (Leggio)
Supervisor Izzo stated that Resolution #71-2006 is required to be passed. The State mandates this resolution is passed, if not, then the Town would be ineligible for any Federal grant money.
RESOLUTION #71-2006 Establishing The National Incident
Management System (NIMS) as
The Town of Catskill’s Standard for
Emergency Incident Management-
Emergency Management/Emergency
Communications
Councilman Antonelli presented the following for consideration and adoption,
WHEREAS, The National Commission of Terrorist Attacks (the 911 Commission) recommended adoption of a standardized Incident Command System, and
WHEREAS, the President of the United States, in Homeland Security Directive (HSPD-5) directed the Secretary of the Department of the Homeland Security to develop and administer a National Incident Management System (NIMS) which would provide a consistent nationwide approach for Federal, State, local and tribal governments to work together more effectively and efficiently to prepare for, prevent, respond to and recover from domestic incidents, regardless of cause, size, or complexity, and
WHEREAS, it is necessary and desirable that all Federal, State, local and tribal emergency agencies and personnel coordinate their efforts to effectively and efficiently provide the highest levels of incident management, and
WHEREAS, to facilitate the most efficient and effective incident management, it is critical that Federal, State, local and tribal organizations utilize standardized terminology, standardized organizational structures, interoperable communications, consolidated action plans, unified command structures, uniform personnel qualification standards for planning, training, and exercising, comprehensive resource management and designated incident facilities during emergencies or disasters, and
WHEREAS, the NIMS standardized procedures for managing personnel, communications, facilities and resources will improve the Town’s ability to utilize Federal funding to enhance local and state agency readiness, maintain first responder safety and streamline incident management training processes, and
WHEREAS, the Incident Command System component of NIMS is already an integral part of various incident management activities throughout the Town of Catskill, including current emergency management training programs, and
WHEREAS, HSPD-5 requires Federal departments and agencies to make adoption of the NIMS by State, local and tribal organizations a condition for Federal preparedness assistance beginning in the fiscal year 2005, so
THEREFORE, the Catskill Town Board does hereby establish the National Incident Management System (NIMS) as the Town of Catskill’s standard for emergency incident management.
Councilman Hanusik, seconded this motion.
Ayes 4, Nays 0, Absent 1 (Councilman Leggio) Motion Carried.
The County Resolutions were discussed.
Resolution # 245-06 Awarding Bid for #2D Diesel Fuel
Resolution # 246-06 Awarding Bid for Gasoline, Buildings 1,3,4 and
Cairo Office Building
Resolution # 259-06 Approving Reimbursement to Community
College, (Catskill’s share is $1,341.83)
Resolution # 260-06 Authorizing Chargeback of Assessment Roll
Related Services and Materials.
(Catskill’s share is $945.28)
Correspondence was discussed.
Thank you letter from Catskill Community Center President Richard Ahlberg regarding the donation and contract for $7500.
Hudson River Valley monthly newsletter.
NYSDEC letter regarding 2009 Hudson River Swimmable Goal.
NYSDEC letter regarding dam safety regulations being revised. If people would like to view the regulations, they are available on their web address.
Letter from Congressman John Sweeney in support of Town of Catskill’s US Dept of Agriculture Water Grant Application. Congressman Sweeney has indicated to the Director that the Town of Catskill is given full consideration for the grant application.
Letter from NYSDOH to Mr. Forest Cotten/ Village of Catskill, in regards to Public Water Supply for Country Estates Mobile Home Park. This is a mobile home park situated in the Town of Cairo who has approached the Village of Catskill about the possibility of water service from the Village because of contamination from American Thermostat. Supervisor Izzo will contact the Village to see if they have received a formal application from the Mobile Home Park to join the water system.
Letter from Carl Whitbeck, Esq representing Ilana Dreyer who is withdrawing her request that the Town consider abandoning Old Underhill Rd.
Email from Greene Co. Planning Dept. Media release, “Growing Greene”
Invitation to the Senior Center’s one year anniversary party which was held July 26th.
Letter from G. Jeffrey Haber, Association of Towns, regarding legislation on the plea bargain system (traffic tickets), awaiting action from the Governor.
Quarterly report from HOCA/CCC.
Copy of letter sent by Atty. Joseph Stanzione, to Law Firm of Rapport, Meyers et.al, regarding Old Underhill Rd.
Letter from Joseph and Barbara Caro, commending the Town Board on the many useful beautiful places in the Village and Town, available to Seniors. Letter also commends Anne Marie, who manages the Senior Center.
Supervisor received email regarding Town’s website. Supervisor Izzo stated that this email was from Holland and she enjoyed the website.
Letter from DEC (Dept of Environmental Conservation) granting Garcia and Lada permit renewal for seasonal dock (118-120 Maple Street in Smith’s Landing).
Memo from Fred Popp, Asst. Code Officer, regarding unkempt properties.
Supervisor Izzo stated that once the cleanup is approved, the charge becomes a lien on their real property tax.
RESOLUTION # 72-2006 AUTHORIZE CLEANUP OF CITED PROPERTIES BY HIGHWAY DEPT.
(Whately, Roberts, Polacco, Nims)
Councilman Robert Antonelli offered the following for consideration and adoption,
WHEREAS, the Assistant Code Officer has conducted inspections on the following properties, overgrown with weeds and shrubs, and
WHEREAS, there have been repeated attempts to contact owners of said properties via letters, complaints and Orders to Remedy, with no responses, and
WHEREAS, costs for cleanup by the Town of Catskill Highway Dept. have been obtained, as follows;
Property Cost
Donald Whately $595.00
4500 Route 32
Catskill, N Y
Karen Renee Roberts $595.00
89 Vosenkill Rd.
Catskill, N Y
Charles Polacco $760.00
8 Old Walnut St.
Smith’s Landing
Joane Nims $1,250.00
19 Church St.
Leeds, N Y
THEREFORE, WE, the Catskill Town Board, hereby authorize the Highway Department to institute cleanup of the above named properties, with costs charged back to property.
Councilman Joseph Hanusik seconded this motion.
Ayes 4, Nays 0, Absent 1, (Councilman Leggio). Motion Carried.
REPORTS:
Town of Catskill Comptroller’s Cash Report for June 2006
Town of Catskill Highway Report for month of July 2006
Town of Catskill Cemetery Report for the month of July 2006
Town of Catskill Code Enforcement Report for the month of July 2006
Town of Catskill Ambulance Report for the month of July 2006
* Copies of all reports are available at the Town Clerk’s office upon request.
Supervisor Izzo stated that we have received a draft copy of Town of Catskill’s subdivision regulations. Approval to send the draft to the Town of Catskill’s Planning Board was made by Councilman Antonelli and seconded by Councilman Hanusik. The motion passed with Councilman Leggio being absent.
Supervisor Izzo stated that there was a discussion with St. Lawrence Cement in regards to the lease of Olympus Palace and that they have agreed to write into the contract 5 year extensions of the original lease agreement of 20 years to go on continuously. If they exercise the 180-day agreement where they would be taking the property back, they would pay the full market value minus depreciation.
Supervisor Izzo wanted members of the Board to know that the contract is ongoing, for $1 a year, with no anticipation of them taking the land back.
Our Attorneys will review this.
Supervisor Izzo introduced Mr. Michael Sterthous, of Whiteman, Osterman & Hanna LLP, who is here to discuss the issue of the Village Zoning Board variance denial of the West Side property.
Mr. Sterthous reiterated Town’s position to date regarding this property. He mentioned that there is a principle of law that views municipalities with a limited immunity with zoning.
Mr. Sterthous spoke about the Court of Appeals case (Monroe v Rochester) which established a new balancing test for determining whether limited immunity would apply to a particular municipality with respect to adjacent municipalities. The test takes into consideration nine or ten factors. This issue had not come before the Zoning Board before.
Mr. Sterthous suggested that the Town Board speak with the Village Board to see if they had any interest in making a determination that the use by the Town putting an ambulance facility in the Village unbalanced warrented applicablility of limited immunity.
Supervisor Izzo stated that the Village Board responded that they would not entertain any resolution overriding the Village Zoning Board.
Mr. Sterthous stated that this would not be an override. What was requested was a use variance. He stated that his firm has been successful in the past going to the host community in requesting an interpretation by the Zoning Board of Appeals.
The recommendation from Mr. Sterthous, if the Board is interested in continuing, would be to go back to the Zoning Board of Appeals for the interpretation under the Monroe balancing test as to the applicability of the zoning code. The other would be to seek some legal recourse, under Article 78, challenging the decision of the Village Board or challenging the interpretation of the ZBA.
Councilman Antonelli asked how much time this would take. Mr. Sterthous stated that going to the ZBA for the formal interpretation would take about 1 to 2 months. Legal recourse would of course be longer.
Councilman Antonelli stated that a drawn out affair and the expense of additional money may not warrant the Board proceeding.
Mr. DiStefano, who owns the property of West Main Street, asked if the Board was still interested in that property.
Supervisor Izzo stated that at the last Board meeting, the motion to inquire about this process, was not a majority of the Board. Since Councilman Leggio was not present, this matter will be discussed at the work committee meeting to see if the Board wants to proceed.
Mr. DiStefano stated that this is the fourth time that this piece of property has been turned down. He states that since he is the owner of the property, he would go before the Zoning Board to ask for a use variance. He states that a hardship has been created. He would pursue if the Board would like to have the ambulance building placed there.
Supervisor Izzo stated that a written report was not received from the Village ZBA stating why denied. He will send a letter (FOIL) asking for the written report.
Motion was made by Councilman Antonelli to adjourn the meeting and seconded by Councilman Antonelli. Meeting adjourned at 7:58 pm
Respectfully submitted,
Elizabeth Izzo, Deputy
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