Monthly Town Board Meeting
Catskill Town Hall
June 6th, 2006 7:00 PM
Attending: Supervisor, Joseph Izzo
Councilman, Joseph Hanusik
Councilman, Joseph Leggio
Councilman, Robert Antonelli
Councilman, Lewis O’Connor
Town Clerk, Karen Sprague Johnson
Deputy, Elizabeth Izzo
Also Attending: Hwy. Super., Alfie Beers
COE, Linda Speckman
Supervisor Izzo opened the meeting with a moment of silent prayer and the Pledge of Allegiance.
NEW BUSINESS:
Ms. Clara Barra who resides on Rt 32, spoke before the Board in regards to the noise level at the campground across from the Cider Mill Ice Cream shop.
Ms. Barra is wondering if there could be a quiet time enforced upon the campground because there is a noise continuously during the night.
Supervisor Izzo asked if the noise is in regards to children playing or dogs or just general noise. Ms. Barra stated that it is from radios being played and people being too loud. She states that it goes on until 1-2 o’clock in the morning. She states that other campgrounds have quiet time between the hours of 10 pm and 7 am. She wondered if there is a noise ordinance.
Supervisor Izzo stated that the Town of Catskill does have a noise ordinance. Ms. Barra asked if there is a time in the law. Supervisor Izzo proceeded to tell her that it didn’t matter if there was a time in the law or not, because anytime you are bothered by a noise, whether it be 8 in the morning or 10 at night; it is a nuisance. He read the noise ordinance law. He stated that our COE could enforce the law, the Sheriff’s Department, or the State Police.
Ms. Barra has stated that the Sheriff and State Police have been called to the Campground. She states that the last time, when they came out, the noise seemed to increase. Supervisor Izzo stated that there is a penalty of $250 for the first offense and that the State Police and the Sheriff’s Office should be enforcing it.
Linda Speckman, the COE for the Town of Catskill, stated that she had spoken with the State Police and because the law does not have a time in it, they are unable to enforce it.
The owner of the campground stated that there is currently a daytime/nightime decibel level for commercial use (75 decibel). He does not believe that he is in violation of that ordinance. He states that some noise at a campground is in the nature of his business.
The owner of the campground stated he is willing to erect a decibel meter at the beginning of his property to make sure he is not in violation. He would connect it to a computer and keep a log. He also wanted the Board to know that this level of noise only happens four times a year, during the 3-day holiday weekend.
Their closest neighbor stated that last year; the noise level was terrible, but that this year it has gotten better. She also stated that the noise only happens during those holiday weekends. In general, the campground is quiet the rest of the year.
A woman in the audience, who was with Ms. Barra, stated that she doesn’t understand why they (NYC residents) need to play their music so loud from 7 in the morning on.
Supervisor Izzo stated that he would ask the COE to review and will have decibel readings on weekends and will review our findings with all. We also will follow up with the State Policy and Sheriff’s Department.
Ms. Donna Cole Paul, Attorney for Burke & Casserly, spoke to the Town Board on a piece of property that is within the Town of Catskill and has an issue.
Ms. Cole-Paul stated that she represents Chet Garrison/Falling Waters, LLC, who is planning a sub-division within the Town of Catskill. The issue is that in review of the Highway Code and Town Law, it states that dead end roads cannot be longer than 800 feet. The fear is that approximately the 1400-foot road with a large cul-de-sac and a 360-degree radius will not be given approval after they had gone through and made sure that their specifications meet or exceed the towns. What they are asking for is either an administrative decision by the Town Board or give us some direction to assist them in this matter.
Mr. Garrison stated that he wants some assurance of the acceptance of the road.
Supervisor Izzo stated that the acceptance of the road is by the Highway Superintendent. The Highway Superintendent certifies that it meets all the specifications for a Town road and then the Board would either accept or deny the road. Supervisor Izzo stated he is not sure we could guarantee that acceptance of the road before it was built because if it doesn’t meet the specifications, and the Highway Superintendent doesn’t certify to it, then the road wouldn’t be accepted. However, in regards to the 800 feet, that was added due to an issue sometime ago.
In speaking with Mr. Beers, he has indicated that the Town Board has granted exceptions to the 800 feet. Supervisor Izzo feels that the Board would grant the exception. The only clarification needed would be that the Highway Superintendent certifies the road.
Ms. Cole-Paul stated that they are not asking for the Town Board to approve the road before construction. What we are asking for is an exception to the 800 feet and as the Town Board you can give us that exception.
Councilman Leggio stated that we could eliminate the 800-foot terminology from the specifications. Councilman Leggio put in a motion that the 800 feet be eliminated.
Supervisor Izzo stated we would need to have a public hearing to eliminate the 800 feet from the Road specifications or change the definition of a dead end road. Once we have the public hearing and change the wording, then we wouldn’t need to have a resolution to exempt Mr. Garrison.
Councilman Leggio stated that if we are going to hold a public hearing, then why can’t we give Mr. Garrison an assurance that the public hearing will be scheduled as soon as possible.
Mr. Garrison stated he is fine with the public hearing, but wants an assurance that it will happen and change because he is concerned about the budget of his project.
Councilman O’Connor asked Mr. Beers if an exception every took place in regards to the 800 feet. Mr. Beers stated yes. Councilman Leggio states that what Mr. Garrison want is that we will not reject his road.
Supervisor Izzo stated that if Mr. Garrison has a problem, then someone else might have a problem. If we change the law, then Mr. Garrison won’t need to worry about anyone challenging the resolution.
Ms. ColePaul stated she is here to ask for the exception to be granted. She is asking for an administrative decision on the Board’s part in regards to the exception.
Supervisor Izzo stated that the exception does not mean that Mr. Garrison can’t build that road. He needs to build that road. Mr. Garrison stated that he is not concerned with that. He is only concerned that if he builds the 1400-foot road and the specifications are 800 feet, and it doesn’t get changed, then he is in trouble.
Supervisor Izzo stated that in order to solve this issue is to change the law, which wouldn’t affect Mr. Garrison’s time frame. He stated that if the Board would like to make a resolution tonight, that we would not hold you to the 800 feet, the Board could do that.
Councilman O’Connor would like to offer that resolution. Councilman Leggio stated that he already did. Councilman O’Connor stated that we offer the exception with the fact that we will be holding a public hearing to change the 800-foot rule.
The motion was made by Councilman Leggio and seconded by Councilman O’Connor that Mr. Garrison is exempt from the dead end road requirement. There were 4 ayes and 1 nay.
RESOLUTION #64-2006 EXCEPTION FOR FALLING
WATERS, LLC. ROAD
Councilman Leggio presented the following for consideration and adoption,
WHEREAS, Falling Waters, LLC has asked that the “800 foot maximum” allowable length for the proposed road subdivision located on Route 32 in the Town of Catskill be waived, per such specification contained in the Minimum Road Specifications for the Town of Catskill, so
THEREFORE WE, the Catskill Town Board hereby approves such “800 foot maximum” waiver for Falling Waters, LLC and this waiver is granted only for this road subdivision and this waiver is not granted for any other project ongoing or contemplated by Falling Waters, LLC.
Councilman O’Connor seconded this motion.
Ayes 4, Nays 1 (Supervisor Izzo), Absent 0, Motion Carried
Scott Lane representing Tony DeSantis would like to speak before the Board in regards to the DeSantis Mobile Home Park on Five-Mile Wood Road.
Mr. Lane says that this is considered a new mobile home park and that it needed to go before the Board.
Supervisor Izzo stated he does not know what authority the Town Board would have to decide if it was new or not new.
Mr. Lane stated that if it were new, would it go before the Board. Supervisor Izzo stated that it goes under the Planning Board and the CEO. If the CEO approves it, then the license would be granted. Mr. Lane asked why Dan Howard would state it had to go before the Board.
Karen Sprague Johnson stated that Mr. Howard had come to her to tell her that Mr. DeSantis would be doing a new mobile home park and that he told Mr. Lane that he needed to come see me for the application, which he did.
Mr. Lane asked what the next step is. Mrs. Johnson said that he needed to present everything to her and she would give to the Planning Board. Mr. Lane stated that what Dan had said that everything needed to be presented to the Town Board.
Supervisor Izzo read how to obtain a mobile home park permit.
Hudson Talbott would like to give an update on the Catskill Community Center. He stated that there was peaceful takeover from the old board to the new board. He also stated that there has been committee’s set up. He says that the building committee will use some of the money from the Town and Village to fix some immediate repairs. He also stated that they would be able to have a program available in July.
Supervisor Izzo stated that we have mailed the contract for your signature and all that needs to be done is to have it signed and sent back.
The meeting for July will be on the 5th instead of July 4th.
MINUTES TO BE ACCEPTED:
05/02/2006 Monthly Town Board Meeting
Motion Councilman Hanusik
Second Councilman Antonelli
Ayes 5 , Nays 0 Absent 0,
05/17/2006 Public Hearing #5-2006
Motion Councilman Antonelli
Second Councilman O’Connor/Hanusik
Ayes 5, Nays 0 Absent 0,
05/17/2006 Monthly Town Board Committee Meeting
Motion Councilman Antonelli
Second Councilman Leggio/Hanusik
Ayes 5, Nays 0, Absent 0,
RESOLUTIONS:
RESOLUTION # 54-2006 AGREEMENT BETWEEN THE TOWN AND GREENE CO. COUNCIL ON THE ARTS
Motion Councilman Antonelli
Second Councilman Hanusik/Leggio
Ayes 5, Nays 0, Absent 0, Motion Carried
RESOLUTION # 55-2006 COMPUTER SERVICE CONTRACT
Councilman Robert Antonelli, presented the following for consideration and adoption,
WHEREAS, the Town’s computer service contract with Real Life Imaging ended effective May, 2006, and
WHEREAS, the Town is in need of Computer Service agreement and have received the following 3 proposals:
1. Real Life Imaging
2. EMU Technologies Ltd.
3. Jason Markowitz I.T. Services
THEREFORE, the Catskill Town Board does award the service contract to
Real Life Imaging.
Supervisor Izzo, seconded this motion.
Ayes 3, Nays 2 (Leggio & O’Connor), Absent 0, Motion Carried
RESOLUTION # 56-2006 SCHEDULE PUBLIC HEARING FOR REGULATING THE LOCAL LAW FOR JUNK.
Councilman Robert Antonelli, presented the following for consideration and adoption,
WHEREAS, the Catskill Town Board has revised and wishes to replace the Town of Catskill Code Chapter 115: junk, Article II: Storage adopted 5-4-2004 by L.L. No. 1-2004 with Local Law No. 4 of 2006 entitled “A Local Law Regulating Junk Material Storage in the Town of Catskill, New York” so,
THEREFORE WE, the Catskill Town Board hereby approve and set a public hearing, pursuant to Section 10 of the New York State Municipal Home Rule Law, Article 9 of the Town Law of the State of New York and Article IX of the New York State Constitution on the above matter on June 21st, 2006 at 6:00 PM, at Catskill Town Hall, 439-441 Main St., Catskill, NY.
Councilmen J. Hanusik & J. Leggio seconded this motion.
Ayes 5, Nays 0, Absent 0, Motion Carried
RESOLUTION # 59-2006 SCHEDULE PUBLIC HEARING FOR
AMENDING NEW AND CURRENT
MINIMUM ROAD SPECIFICATIONS.
Councilman Robert Antonelli, presented the following for consideration and adoption,
WHEREAS, the Catskill Town Board wishes to hear comments and concerns on amending New and Current Minimum Road Specification, Town of Catskill 2000, Section 2, “width of right of way”, so
THEREFORE WE, the Catskill Town Board hereby set a Public Hearing for June 21st, 2006 at 6:30 pm at Catskill Town Hall, 439-441 Main Street, Catskill, NY to hear comments and concerns from the public on the above matter.
Councilman O’Connor, Hanusik, & Leggio, seconded this motion.
Ayes 5, Nays 0, Absent 0, Motion Carried
RESOLUTION # 57-2006 SALES TAX SHARING
Councilman Lewis O’Connor, presented the following for consideration and adoption,
WHEREAS, it is the desire of the Town of Catskill to develop a plan to share a portion of the Greene County sales tax with all of the municipalities within the county, which would be advantageous to our municipality and our taxpayer. Our municipality is directly responsible for the significant economic development that has driven the increases in the sales tax revenues and should share in the reward of those efforts; and
WHEREAS, increases in the county sales tax derived from local economic development efforts are expected to continue to grow significantly next year and into the foreseeable future; and
WHEREAS, an overwhelming majority of counties share a portion of their sales tax revenue with all Towns and Villages, yet Greene County is on of only a few counties that still does not share any of its sales tax revenue; now therefore be it
RESOLVED, that the Town of Catskill hereby agrees to partner with the other Towns and Villages in Greene County to develop a plan to share a portion of the sales tax and to make this request to the County Legislature; and be it further
RESOLVED, that the Town of Catskill hereby agrees that the Greene County Legislature should share the additional sales tax revenue with the Towns and Villages in the county thus reducing the property tax burden of the residents; and be it further
RESOLVED, that the Town of Catskill hereby requests that the County Legislature appoint a committee to work with the municipalities to reach an agreement on the sharing of sales tax within the county to begin in 2007.
Councilman Robert Antonelli, seconded this motion.
Ayes 5, Nays 0, Absent 0, Motion Carried
RESOLUTION # 58-2006 AMBULANCE BUILDING
Councilman Robert Antonelli, presented the following for consideration and adoption,
WHEREAS, the Town of Catskill is in need of a building to house the Town of Catskill Ambulance Service, and
WHEREAS, the Village of Catskill Board of Trustees has offered a location on the Village of Catskill’s Department of Public works site located on west Bridge Street in the Village of Catskill, and
WHEREAS, the Town Board wishes to pursue this offer by the Village of Catskill, so
THEREFORE WE, the Catskill Town Board hereby authorize the Town Board to seek an arrangement with the Village of Catskill for use of the site located at the Village of Catskill Department of Public Works and also authorize the necessary work involved in obtaining the approvals.
Supervisor Joseph Izzo, seconded this motion.
Ayes 3, Nays 1 (Leggio) Abstention 1(O’Connor) Motion Carried
Councilman Hanusik wanted to make sure that the building site was large enough. Councilman O’Connor wanted to amend the resolution from “approval and construction” to “approval”.
Councilman Leggio stated that we need to look for property that will be long range. He does not believe that the Village DPW site has adequate space. He believes that the property on West Main Street, which the individual is still willing to sell for $75,000, is the best place.
Councilman Antonelli believes that the West Main Street site is still the best place for the ambulance building.
The resolution will be forwarded to the Village.
RESOLUTION # 60-2006 GOVERNMENTAL IMMUNITY FROM
ZONING.
Councilman Joseph Leggio, presented the following for consideration and adoption,
WHEREAS, the Town of Catskill is asking that the Village of Catskill Board of Trustees exempt the Town of Catskill from local VILLAGE ZONING REGULATION in regards to building an Ambulance Center on West Main Street in the Village of Catskill, and
WHEREAS, the New York Court of Appeals in the 1988 case of “ Matter of County of Monroe v City of Rochester 72 N.Y. 2d 338, 533 N.Y.S. 2d 702 established a “balance of public interest” approached in granting the Town of Catskill exemption from the Village’s Zoning Law using nine factors, and
WHEREAS, the Catskill Town Board believes that it meets the test established by the New York Court of appeals in the “Monroe County” case, so
THEREFORE WE, the Catskill Town Board is asking that the Village of Catskill Board of Trustees hereby consider and approve the Town of Catskill’s request for a exemption from the Village of Catskill’s ZONING REGULATIONS.
Councilman Joseph Hanusik and Antonelli, seconded this motion.
Ayes 3, Nays 1 (Izzo), Abstention 1 (O‘Connor), Motion Carried
COUNTY RESOLUTIONS:
RESOLUTION #187-06 APPROVING REIMBURSEMENT TO
COMMUNITY COLLEGES
RESOLUTION #191-06 AUTHORIZING DISTRIBUTION OF MORTGAGE TAX
CORRESPONDENCE:
Notice from NYS Parks, Recreation, and Historic Preservation in regards to applying for grants for any pending projects we may have. We would need to file a new application if we have any pending projects.
Time Warner NY Cable Inc, requesting an additional extension of time to file Oppositions to the Mandatory Carriage Complaints filed by Family Stations of New Jersey, Inc before the Federal Communications Commission.
Letter from Wm. Rinaldi, Albany Division Director, for NYS Thruway Authority in regards to a new interchange and what we would need to do to assess our need for an additional interchange. Senator Seward has offered to host a meeting between the Town, NYS Thruway Authority and himself in an effort for this project to commence. Supervisor Izzo sent response to Mr. Christopher Waite stating we would like to schedule a meeting.
Letter from Assemblyman Daniel Hooker stating he would like to be involved in the meeting that we set up with Christopher Waite about the NYS Thruway Interchange.
Letter from Clough Harbour in regards to notice of intent for SEQRA lead agency designation Washington Irving School Multiple Dwelling.
Hudson River Valley Greenway Joint Board Meeting on Wednesday June 14th at the Harness Racing Museum & Hall of Fame in Goshen NY.
NYSDEC letter granting a permit for dredging of a sediment pond (Turro pond, at 220 Game Farm Rd.) to Barbara Turro of Utica NY in regards to property in Town of Catskill.
Letter from Senator Charles Schumer in regards to applications for funding under the Weed and Seed Communities Competitive Program, a program to combate violence and crime in and around our schools. The application notice of intent due date is June 29th, 2006
Invitation to opening of Beginner’s Mind, an art gallery in Deer Isle, Maine that will now have a location at the Thomas Cole House. The reception is scheduled for Saturday, June17th from 4 to 7 pm.
Flyer from Senator James Seward thanking all for their service and stating that there is a $200 income tax credit for volunteer firefighters and emergency personnel starting in 2007 for the 2006 tax year.
Email from Ilana Dreyer in regards to further investigation of Underhill Road/Old Underhill Road.
Email from Lee Anne Morgan of 54 Fyke Road in regards to Peckham’s, Cranesville’s, and North American’s trucks and the speed at which they travel Fyke Road and the hours of which they travel Fyke Road. She would like to know how much longer does the neighborhood need to wait to have a lower speed limit enforced.
Supervisor Izzo stated that we have not heard back from DOT in regards to changing the speed limit.
Invitation from Greene County Soil & Water Conservation District for an upcoming workshop on Aquifer and Wellhead Protection.
Gr. Co. Department of the Aging, invites the Board to Celebrate it 30th Anniversary at a Brunch, on Tuesday, 6/20/2006 at 11:00 AM, at the Washington Irving Senior Center.
Open House to celebrate Ulster-Greene ARC 50th Anniversary on Wednesday, 6/21/2006.
Greene IDA 2005 Annual Report.
Mid-Hudson Cable has requested a meeting with the Town Board on June 19th, 2006 at 6:00 pm, to discuss some issues on the cable franchise. Supervisor Izzo stated that that meeting is set for that date and time.
Invitation to Open House at Nancy & Ted Hilscher Catskill Office on Friday, June 9th, 2006.
Letter from NYS DOT in regards to paving projects. One of the projects in Greene County will be North of Rt 23 to County Rt 9, Old Plank Rd. Paving will scheduled the week of June 19th.
REPORTS:
Town of Catskill Comptroller’s Cash Report for February 2006
Town of Catskill Comptroller’s Cash Report for March 2006
Town of Catskill Comptroller’s Cash Report for April 2006
Town of Catskill Highway Report for month of May 2006
Town of Catskill Cemetery Report for the month of May 2006
Town of Catskill Code Enforcement Report for the month of May 2006
Town of Catskill Ambulance Report for the month of May 2006
* Copies of all reports are available at the Town Clerk’s office upon request.
Supervisor Izzo asked is anyone had anything more to say. Councilman Leggio asked if there was anything we could do about Fyke Rd; whether Peckham or any of the other companies whose trucks utilize that road would help fix the road.
Councilman Antonelli made a motion to adjourn at 8:25 pm.
Respectfully submitted,
Karen Sprague Johnson
Town Clerk
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