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Home > Government > Town of Mamakating > Town Board Meeting Minutes - 02/15/2011

THE TOWN OF MAMAKATING TOWN BOARD MEETING HELD ON TUESDAY, FEBRUARY 15, 2011 AT 6:00 P.M. IN THE TOWN HALL, 2948 ROUTE 209, WURTSBORO, N.Y.

 

 

PRESENT:    Harold K. Baird – Supervisor

                        Regina Saunders – Councilwoman/Deputy Supervisor

Robert Justus – Councilman

Edward Brebbia – Councilman

John Moul - Councilman

Richard A. Stoloff – Town Attorney

Jean M. Dougherty – Town Clerk

 

Also present:  Catherine Colombo – Deputy Town Clerk

Michele Harrington – Bookkeeper/Account Clerk

JoAnn Salamone – Deputy Highway Superintendent

Highway Dept. employees

 

 

Work-session Discussion items

 

1)      Moment of silence for the passing of Edward Devine

2)      Assessor’s Office

3)      Gerald & Mary Regholec unsafe building

4)      2011 Early Bird Special Summer Camp

5)      Approval to hire a part time park/building maintenance person

6)      Employee Park Rental

7)      Board of Assessment Review appointment

8)      Crystal Run Village

9)      Town of Mamakating adv Kohl’s Department Stores

 

 

EXECUTIVE SESSION

 

A motion was made by E. Brebbia, seconded by R. Saunders to go into executive session to discuss a personnel issue regarding the Assessor’s office and invited Alane Romer into the session. All in favor.

A second motion was made by E. Brebbia, seconded by R. Saunders to come out of executive session at 6:30 p.m. All in favor.

 

 

CALL TO ORDER/PLEDGE OF ALLEGIANCE

 

The February 15, 2011 meeting was called to order at 6:52 p.m. with the pledge to the flag. All members present.

 

 

 

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PUBLIC HEARINGS

 

Unsafe Building – Bennett, 113 Pickles Road, Bloomingburg

 

The Town Clerk read the public hearing notice published in the Times Herald Record, Sullivan County Democrat and the Shawangunk Journal.

 

A motion was made by R. Justus, seconded by E. Brebbia to open the public hearing.

 

PUBLIC COMMENT

 

It was noted that an affidavit of posting was done by Mary Grass, Building Inspector/Code Enforcement Officer on January 24, 2011.

 

Louise Bennett was present and stated that she was unable to complete the clean-up due to the snow and the garbage was frozen into the ground. She added that she had a dumpster on the property that was half filled by someone else with their debris.

 

William Hermann, a neighbor on Pickles Road stated that he has lived across the street from Mrs. Bennett for 10 years and that this past year the debris has doubled, people were living in tents, that there were poor sanitary conditions, a constant supply of garbage and that it has impacted him and feels it’s terrible what goes on there.

 

A motion to close the public hearing was made by R. Justus, seconded by E. Brebbia. All in favor.

A confirmatory resolution will be presented during the regular business portion of the meeting.

 

 

SUPERVISOR’S REPORT

 

  • Ø      General/Payroll Fund: $ 4,144,011.77
  • Ø      Highway Fund: $ 249,447.52

 

 

ABSTRACTS

 

  • Ø      A motion to approve ABSTRACT # 3 (Voucher # 149-314) in the amount of $363,546.76 was made by R. Justus, seconded by E. Brebbia. All in favor.

 

 

 

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MINUTES

 

  • Ø      A motion accepting the minutes of January 27, 2011 was made by R. Saunders, seconded by R. Justus. All in favor.

 

RESOLUTIONS

 

  • Ø      A motion was made by E. Brebbia, seconded by R. Justus to reappoint Jill Ashworth to the Board of Assessment Review. All in favor.
  • Ø      A motion approving the “Early Bird Special” for non residents was made by J. Moul, seconded by R. Justus. All in favor.
  • Ø      A motion setting the fee for employee rental of the park facilities at 50% of the cost plus the deposit was made by J. Moul, seconded by R. Justus. All in favor.
  • Ø      A motion appointing Paula Grogan as part time night court clerk was made by H. Baird, seconded by J. Moul. All in favor.
  • Ø      A motion authorizing the supervisor to sign the revised easement with Crystal Run Village was made by J. Moul, seconded by E. Brebbia. All in favor.
  • Ø      A confirmatory resolution for the emergency purchase of a furnace for the senior room was made by J. Moul, seconded by R. Saunders. All in favor.
  • Ø      A motion directing Sari Lang, Parks & Recreation Director, to prepare a job description for the part time maintenance person to be advertised for was made by J. Moul, seconded by E. Brebbia. All in favor. Copies to be put in board members boxes for review and signature.
  • Ø      A motion was made by J. Moul, seconded by E. Brebbia to correct the work day schedule submitted to NYS Retirement to amend the term expiration of Robert Justus and Edward Brebbia to read 12/31/11. All in favor.
  • Ø      A motion authorizing Richard Stoloff, Town Attorney, to obtain a price for an appraisal of Kohl’s Distribution Center was made by E. Brebbia, seconded J. Moul. All in favor.

 

RESOLUTION AUTHORIZING SETTLEMENT OF A PROCEEDING

                INSTITUTED UNDER ARTICLE 7 OF THE REAL PROPERTY TAX

                                  LAW AGAINST THE TOWN OF MAMAKATING

         

WHEREAS, JOSHUA JOORABCHI and DANIELLE JOORABCHI, having instituted proceedings under Article 7 of the Real Property Tax Law to review the

Town Board meeting assessment of Tax Map Parcel Section 27, Block 2, Lot 72.3 and which such proceeding is pending in the Supreme Court of the State of New York, County of Sullivan, under Index No: 2456/10 - - RJI No: 52-30866-10; and

            WHEREAS, the Town of Mamakating has appeared in said proceedings through Richard A. Stoloff,, Esq., Town Attorney, and

           

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WHEREAS, Petitioners having appeared in said proceeding through Richard Newberg, Esq., and

            WHEREAS, following negotiations among the parties hereto and their counsel, a settlement of all matters in dispute has been reached, and

            WHEREAS, it appears that the proposed settlement of all matters in dispute will result in a fair and equitable resolution of the Petitioners’ Complaint with respect to their 2010 assessment, and

            NOW, BE IT HEREBY RESOLVED, that Richard A. Stoloff, Esq., as attorney of record for the Town of Mamakating, New York, in pending real property assessment litigation initiated by Petitioner, be authorized, directed and allowed to enter into a formal written Stipulation of Settlement with the attorney of record for Petitioners, which Stipulation of Settlement has been provided to the Town Board for complete reading and filing on this date, and be it further

            RESOLVED, that the said Richard A. Stoloff, Esq. and Alane Romer, Assessor, be and they hereby are authorized, empowered and directed to execute the proposed written Stipulation of Settlement, and to thereby bind the Town of Mamakating thereto, and it is further

            RESOLVED, that the said Richard A. Stoloff, Esq. be, and he hereby is, authorized, empowered and directed to do all other things, and to execute any and all other documents, which are reasonably necessary and incidental to the effectuation and finalization of said Stipulation of Settlement.

Moved by:       R. Saunders                                                                           

 

Seconded by:      E. Brebbia                                                                        and a roll call vote thereon as follows:

 

            Harold K. Baird................................voting aye

            Robert G. Justus....................................voting aye

            John Moul………………………………..voting aye

            Edward Brebbia...............................voting aye

            Regina Saunders………………………voting aye

                                   

The motion was declared adopted by Supervisor Harold K. Baird.

 

                                                             SCHEDULE “A”

                DETAILS AND SPECIFICATIONS OF SETTLEMENT

TAX MAP PARCEL: SECTION 27  BLOCK  2  LOT 72.3

 

                                    ASSESSMENT ROLL YEAR: 2010/2011

                                    PRESENT ASSESSED VALUE:     $170,400.00

REDUCED ASSESSED VALUE:   $142,722.00

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RESOLUTION OF THE TOWN BOARD OF

THE TOWN OF MAMAKATING

CONFIRMING THE ORDER OF REMOVAL OF PARTIALLY

DISMANTLED STRUCTURE, GARBAGE, REFUSE, CONSTRUCTION AND OTHER DEBRIS

OWNED BY LOUISE BENNETT

 

 

            Councilperson Regina Saunders offered the following Resolution, who moved for its adoption.

 

            WHEREAS, by Resolution of the Town Board of the Town of Mamakating dated January 4, 2011, the said Town Board found that the remnants of the partially dismantled structure (mobile home), garbage, refuse, construction and other debris on the property of Louise Bennett located at 113 Pickles Road, Town of Mamakating more particularly described as Town of Mamakating Tax Map No. 21-1-48.44, is dangerous and unsafe to the public and ordered that the same be removed and cleaned, and

 

            WHEREAS, the Town Board of the Town of Mamakating by Resolution dated January 4, 2011, duly scheduled a Public Hearing with respect to the aforementioned dangerous and unsafe property of Louise Bennett and directed that due notice of said Public Hearing be given to Louise Bennett and to all occupants and persons having an interest in said structures in accordance with §68-7 of the Code of the Town of Mamakating, in the form required by §68-6 of the Town Code of the Town of Mamakating, and

 

            WHEREAS, due notice of said Public Hearing was properly given to Louise Bennett, which said Notice ordered that the remnants of the partially dismantled structure, garbage, refuse, construction and other debris situated at 113 Pickles Road, Bloomingburg, designated at Tax Map No. 21-1-48.44, be removed within thirty (30) days of service of the Notice upon her and completed within sixty (60) days thereafter, unless good cause shown, at such time be extended by the Town Board, and

 

            WHEREAS, due notice of adjournment of the Public Hearing by Amended Notice of Public Hearing was thereafter properly given Louise Bennett pursuant to which the aforementioned Public Hearing was rescheduled to February 15, 2011, and

 

            WHEREAS, pursuant to the Amended Notice of Public Hearing notice duly given, a Public Hearing was held on February 15, 2011 at 7:00 p.m. at the Town Hall, located at 2948 State Route 209, Wurtsboro, New York 12790 in relation to the dangerous and unsafe condition resulting the partially dismantled structure, garbage, refuse, construction and other debris strewn about the property of Louise Bennett, Owner, located at 113 Pickles Road, Bloomingburg, Town of Mamakating, designated at Town of Mamakating Tax Map No. 21-

 

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1-48.44, specifically with respect to the partially dismantled structure located upon the premises which appear to have at one time been used for residential purposes, and

 

            WHEREAS, Louise Bennett appeared at the Public Hearing in person, did not dispute the condition of property but did request an extension of time to commence and complete the work beyond the period provided in the Notice.

 

            NOW, THEREFORE, be it

 

            RESOLVED, that in consideration of the Report of the Building Inspector/Code Enforcement Officer, Mary Grass, dated December 30, 2010, the failure of Louise Bennett to contest that the conditions as evidenced in the Report exist upon the property, the aforementioned order finding that the partially dismantled portion of a former mobile home, garbage, refuse, construction and other debris strewn about the property of Louise Bennett is dangerous and unsafe to the public and warrants its clean up and removal, be and the same hereby is, affirmed in its entirety, and it is further

           

RESOLVED, that Louise Bennett be, and she hereby is, directed to clean up and remove completely the partially dismantled structure (mobile home), garbage, refuse, construction and other debris remaining on Tax Map No. 21-1-48.44, as depicted in the photographs and Report of Mary Grass, Building Inspector/Code Enforcement Officer dated December 30, 2010, a copy of which is annexed hereto as Exhibit “A”, which clean up and removal must be commenced within thirty (30) days after service of a copy of this Resolution and Order upon Louise Bennett and completed within sixty (60) days thereafter, and it is further

 

            RESOLVED, that in the event of the refusal, failure or neglect of Louise Bennett to comply with the terms and provisions of this Resolution and Order, within the time period specified herein, the Town Board shall meet and provide that such dangerous and unsafe partially dismantled structure (mobile home), garbage, refuse, construction and other debris shall be removed and cleaned up by Town employees or by an independent contractor, in the Town Board’s sole discretion, in accordance with §68-9A of the Code of the Town of Mamakating, and that all expenses incurred by the Town in connection with the clean up and removal of the partially dismantled structure, garbage, refuse, construction and other debris strewn about the property and in connection with this proceeding, including the actual cost of removing said partially dismantled structure (mobile home), garbage, refuse, construction and other debris and all necessary and reasonable engineer fees and legal expenses incidental hereto and thereto, shall be assessed and/or collected as provided for in §68-9B and, if applicable, §68-9C, of the Code of the Town of Mamakating.

 

            Seconded by John Moul and after duly put to a vote resulted as follows:

 

            AYES: 5                                                          NOES:            0

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RESOLUTION OF THE TOWN BOARD OF

THE TOWN OF MAMAKATING

CONFIRMING THE ORDER OF REMOVAL OF STRUCTURES

OWNED BY GERALD F. REGHOLEC AND MARY E. REGHOLEC

 

 

            Councilperson  Edward Brebbia offered the following Resolution, who moved for its adoption.

 

            WHEREAS, by Resolution of the Town Board of the Town of Mamakating dated December 7, 2010, the said Town Board found that the structures on the

 

 

property titled to Gerald F. Regholec and Mary E. Regholec located at 2 Mount Vernon Road, Summitville, Town of Mamakating more particularly described as Town of Mamakating Tax Map No. 17-5-23, are dangerous and unsafe to the public and warrants its demolition or removal, and

 

            WHEREAS, the Town Board of the Town of Mamakating by Resolution dated December 7, 2010, duly scheduled a Public Hearing with respect to the aforementioned dangerous and unsafe property titled to Gerald F. Regholec and Mary E. Regholec and directed that due notice of said Public Hearing be given to Gerald F. Regholec and Mary E. Regholec and to all occupants and persons having an interest in said structures in accordance with §68-7 of the Code of the Town of Mamakating, in the form required by §68-6 of the Town Code of the Town of Mamakating, and

 

            WHEREAS, due notice of said Public Hearing was properly given, which said Notice ordered that the certain structure situated at 2 Mount Vernon Road, Summitville, designated as Tax Map No. 17-5-23, be demolished and removed within thirty (30) days of service of the Notice upon it and completed within sixty (60) days thereafter, unless good cause shown, at such time be extended by the Town Board, and

 

 

            WHEREAS, pursuant to notice duly given, a Public Hearing was held on January 18, 2011 at 7:00 p.m. at the Town Hall, located at 2948 State Route 209, Wurtsboro, New York 12790 in relation to the dangerous or defective building titled Gerald F. Regholec and Mary E. Regholec, Owners, located at 2 Mount Vernon Road, Summitville, Town of Mamakating, designated at Town of Mamakating Tax Map No. 17-5-23, specifically with respect to the structure located upon the premises which appears to have at one time been used for residential purposes, and

 

           

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WHEREAS, Camille Regholec, the Wife of Gerald F. Regholec, having appeared at the Public Hearing in person and having advised the Town Board that Mary E. Regholec, the Mother of Gerald F. Regholec, had previously died and that she was acting as a representative of her Husband, Gerald F. Regholec, who was housebound, and the representative having failed to contest the investigation Report of the Town Engineer that the structure upon the premises is and remains dangerous and unsafe to the general public but having sought additional time to obtain an opinion of an Engineer or another as to the ability to make the structure safe and secure and the Town Board having thereupon indicated that it would make its determination at its Meeting of the Town Board of the Town of Mamakating on February 1, 2011, and the Meeting of February 1, 2011 having been cancelled due to

inclement weather, and Camille Regholec having appeared as a representative of Gerald F. Regholec at the Meeting of the Town Board of the Town of Mamakating conducted on February 15, 2011 and having requested additional time to obtain an Engineer’s Report or report of another with reference the condition of the structure, and the Town Board having heard and considered the request of Camille Regholec on behalf of the property Owners.

 

NOW, THEREFORE, be it

 

RESOLVED, that in consideration of the testimony and evidence presented at the Public Hearing,  the report of the Town Engineer, Lanc & Tully, and the appearance by Camille Regholec on behalf of the Owners before the Town Board on January 18, 2011 and February 15, 2011, the aforementioned Order finding that the structure on the aforesaid property of Gerald F. Regholec and Mary E. Regholec is dangerous and unsafe to the public and warrants its demolition and removal, be and the same hereby is, affirmed in its entirety, and it is further

 

RESOLVED, that Gerald F. Regholec be, and he hereby is, directed to demolish and completely remove the structure on Tax Map No. 17-5-23 as depicted in the Report of Lanc & Tully, Engineering & Surveying, P.C. dated November 30, 2010, together with the photographs annexed thereto, a copy of which is annexed hereto as Exhibit “A”, which demolition shall be commenced within thirty (30) days after service of a copy of this Resolution and Order and be completed within sixty (60) days thereafter, and it is further

 

RESOLVED, that in the event of the refusal, failure or neglect of Gerald F. Regholec to comply with the terms and provisions of this Resolution and Order, within the time person specified herein, the Town Board shall meet and provide that such dangerous and unsafe structure shall be removed and demolished by Town employees or by an independent contractor, in the Town Board’s sole discretion, in accordance with §68-9A of the Code of the Town of Mamakating, and that all expenses incurred by the Town in connection with the demolition and removal of such unsafe building, and in connection with this proceeding, including the actual cost of removing said structure and all necessary and reasonable engineer fees and legal expenses incidental hereto and thereto, shall be assessed

 

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and/or collected as provided for in §68-9B and, if applicable, §68-9C, of the Code of the Town of Mamakating.

 

Seconded by Regina Saunders and after duly put to a vote resulted as follows:

 

            AYES: 4                                                          NOES:            1 (J. Moul)

 

 

 

 

 

ADJOURNMENT

 

A motion to adjourn the meeting was made by E. Brebbia, seconded by R. Saunders. All in favor. Meeting adjourned at 7:40 p.m.                 

 

 

 

 

Respectfully submitted;

 

 

Jean M. Dougherty, Town Clerk

 

 

 

 

 

 
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