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Home > Government > Town of Mamakating > Town Board Meeting Minutes - 01/27/2011

THE TOWN OF MAMAKATING TOWN BOARD MEETING HELD ON TUESDAY, JANUARY 27, 2011 AT 6:00 P.M. IN THE TOWN HALL, 2948 ROUTE 209, WURTSBORO, NY.

 

 

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

Darlene Reynolds – Building Dept. Clerk

Mary Grass – Building Inspector

Highway Superintendent – Richard Johnson, Jr.

Highway Dept. employees

 

 

Work-session Discussion items

 

1)      Personnel Book

2)      Richard Stoloff Town Attorney Agreement Special Compensation

3)      Health Insurance

4)      Employee Park Rental

5)      Assessor’s Office

6)      No Smoking Policy

7)      Executive Session-Tax Certiorari

8)      Zoning Board

 

 

 

 

EXECUTIVE SESSION

 

A motion was made by E. Brebbia, seconded by R. Saunders to go into executive session at 6:38 p.m. to discuss two tax certiorari proceedings. All in favor.

A motion to come out of executive session at 6:55 p.m. was made by R. Saunders, seconded by R. Justus. All in favor.

 

CALL TO ORDER/PLEDGE OF ALLEGIANCE

The January 27, 2011 meeting was called to order at 7:00 p.m. with the pledge to the flag. All members present.

 

 

Town Board meeting

January 27, 2011

Page 2

 

PUBLIC HEARINGS

 

Local Law #1-2011 (Flood Damage Protection)

 

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 E. Brebbia, seconded by R. Saunders to open the public hearing.

 

PUBLIC COMMENT

 

There was no public comment.

 

Following the review of the required S.E.Q.R. form, a motion was made by E. Brebbia, seconded by R. Saunders to declare a negative declaration. All in favor.

It was noted by the town attorney that a 239-M review was not required.

 

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

 

Unsafe Structure (Regholec)

 

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 E. Brebbia, seconded by R. Saunders to open the public hearing.

 

PUBLIC COMMENT

 

Pastor Camille Regholec, wife of Gerald asked to speak. She explained that the building was built in 1826 and that they would like to try and save it. She explained that her husband has been ill and housebound and asked for an extension until June 30th..  She understands the building needs to be addressed, the roof needs repair and stated that the building was historical in its own right. The windows have been boarded up.

Attorney Stoloff asked what if the building collapses onto the road ?

R. Saunders stated that neighbors were having trouble getting insurance because of the condition of the building.

R. Stoloff informed the board and Pastor Regholec that normally there would be a 30 day start period with a completion time of 60 days. He suggested the board have her return to the next board meeting with a plan from either an architect or an engineer for the board to review. She agreed and again asked to have until June 30, 2011 to complete the work.

 

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

 

Town Board meeting

January 27, 2011

Page 3

 

 

SUPERVISOR’S REPORT

 

  • Ø      General/Payroll Fund: $ 2,596,883.61
  • Ø      Highway Fund: $ 244,993.70

 

 

ABSTRACTS

 

  • Ø      A motion to approve ABSTRACT # 2 (Voucher #18-135) in the amount of $1,764,164.33 was made by J. Moul, seconded by R. Justus. All in favor.

 

 

 

MINUTES

 

  • Ø      A motion accepting the minutes of January 4, 2011 was made by R. Saunders, seconded by J. Moul. All in favor.

 

 

RESOLUTIONS

 

  • Ø      A motion was made by J. Moul, seconded by E. Brebbia authorizing the supervisor to execute the agreement with Richard Stoloff. All in favor.
  • Ø      A motion appointing Kenneth Baker Zoning Board Chairman was made by E. Brebbia, seconded by R. Saunders. All in favor.
  • Ø      A motion amending the work day and reporting resolution of June 15, 2010 to read Town Attorney term 1.01.10-12.31.11 was made by E. Brebbia, seconded by R. Saunders. All in favor.
  • Ø      A motion to accept the fee schedule set up for the Boy Scouts of America’s use of the town park was made by E. Brebbia, seconded by R. Saunders. All in favor.
  • Ø      A motion appointing Monika Roosa as a voting member of the Zoning Board of Appeals was made by E. Brebbia, seconded by R. Saunders. All in favor.
  • Ø      A motion appointing Scott Buchholz as alternate member of the Zoning Board of Appeals was made by E. Brebbia, seconded by J. Moul. All in favor.
  • Ø      A motion appointing Christopher Westbrook as Deputy Town Attorney for The Zoning Board of Appeals was made by E. Brebbia, seconded by R. Saunders. All in favor.
  • Ø      A motion adopting Local Law #1-11 (Flood Damage Protection) was made by E. Brebbia, seconded by R. Saunders. All in favor.

 

 

 

 

Town Board meeting

January 27, 2011

Page 4

 

RESOLUTION AUTHORIZING SETTLEMENT OF A PROCEEDING INSTITUTED UNDER ARTICLE 7 OF THE REAL PROPERTY TAX LAW AGAINST THE TOWN OF MAMAKATING

           

WHEREAS, CARMINE AMELIO and ALFONSO AMELIO, having instituted proceedings under Article 7 of the Real Property Tax Law to review the assessment of Tax Map Parcel Section 46, Block 3, Lot 8.2 and which such proceeding is pending in the Supreme Court of the State of New York, County of Sullivan, under Index No: 3324/10 - - RJI No: 52-31194-10; and

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

            WHEREAS, Petitioners having appeared in said proceeding through Kalter, Kaplan, Zeiger & Forman, by Jay L. Zeiger, 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 Petitioners, 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 A. 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:  E. Brebbia,  Seconded by: R. Saunders 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.

Town Board meeting

January 27, 2011

Page 5

 

 

AMELIO RESOLUTION CONT.

                                                                             

 

 

 

                                                            SCHEDULE "A"

                DETAILS AND SPECIFICATIONS OF SETTLEMENT

 

TAX MAP PARCEL: SECTION 46, BLOCK  3  LOT 8.2

 

            ASSESSMENT ROLL YEAR: 2010/2011

            PRESENT ASSESSED VALUE:     $146,000.00

            REDUCED ASSESSED VALUE:   $146,000.00

 

            ASSESSMENT ROLL YEAR: 2011/2012

            STIPULATED REDUCED FAIR MARKET VALUE:    $245,000.00

            REDUCED ASSESSED VALUE CALCULATION:       

$245,000.00 x Final Equalization Rate for 2011

Assessment Year to be calculated by Assessor

 

 

EXECUTIVE SESSION

 

  • Ø      A motion to go into executive session at 7:58 p.m. for legal advice regarding the Regholec unsafe building issue and a personnel issue and invite Jean Dougherty into the session was made by H. Baird, seconded by E. Brebbia. All in favor.
  • Ø      A motion was made by R. Justus, seconded by E. Brebbia to come out of executive session at 9:05 p.m. All in favor.

 

 

ADJOURNMENT

 

A motion was made by E. Brebbia, seconded by R. Saunders to adjourn the meeting at 9:07 p.m. All in favor.

 

                                                Respectfully submitted;

 

 

 

                                                Jean M. Dougherty, Town Clerk

 

 

 

 
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