Sullivan Town Council upholds CEO Ball’s order to remedy
By Martha E. Conway
(Sullivan – 120617) A contentious hearing on a codes violation case on Fyler Road ended in threats last night at the Sullivan Town Council meeting. Code Enforcement Officer Larry Ball presented a detailed timeline of complaints against Jeffrey Mulcahy, owner of the three-family home that was the subject of the hearing, including visits to the property and correspondence to Jeffrey Mulcahy trying to remedy the problem.
Code enforcement presents complaints from public
Ball said he received a complaint of a berm on the property, which contained garbage, debris and rubbish with items with sharp objects sticking out of it. He said when he went to the property to assess the complaint, he observed and photographed exposed garbage, rubbish and concrete after erosion of the dirt on top exposed the hard fill and trash beneath.
Ball said Mulcahy started cleaning it up, and he was allowed to convert the property into a three-family property upon complying with all related property and fire codes.
Ball said he received another neighbor complaint about the berm and returned to the property. He photographed and wrote a citation based on his observations during that visit.
“An order to remedy was served on the property,” Ball said. “According to town code, it has to be sent by regular and certified mail. The certified mail postcard was returned unclaimed.”
Thirty days later, Ball returned and took more photos.
“All the debris remained in place,” he said.
Another complaint came in that Mulcahy was now dumping soil next to the pile; he said it did not contain debris. The following day, Ball sent out another order to remedy, providing two options: to remove the rubbish and debris within five days or request in writing to the town supervisor a hearing of the Town Council.
Ball said he posted the order on the property, took more photos and handed a copy to Mulcahy, who had arrived at the scene. He then mailed copies via regular and certified mail.
“After five days, it becomes a cease and desist order,” Ball said. “He came in and requested a hearing before the town board.”
The Sullivan Town Council agreed to hear the case Wednesday, Dec. 6, Ball said, and Mulcahy requested to move the date to Jan. 3.
According to Ball, Supervisor John M. Becker denied the request, and a letter of denial was sent via regular and certified mail.
Property owner responds
Mulcahy presented the board with photos showing he had removed the debris and said it was recycled concrete. He said the state Department of Environmental Conservation did not specify a size limit on the chunks of concrete that could be used, but he pulled out anything with sharp protrusions or rebar. He said he then covered it, but the work isn’t done because he had limited time and works out of state.
He said he asked for the hearing to be moved because he wanted legal representation, and his attorney wasn’t available tonight.
Mulcahy said his commitment to the property is evidenced by the fact that he paid $97,000 for the property in 2005, and it’s assessed value has risen nearly 80 percent since then.
“Anything I see, I clean up,” Mulcahy said. “I live two houses down. My sister and step-sister live across the street. My dad has the farm behind the property.”
He said he wouldn’t do anything to negatively impact any of their properties.
According to Mulcahy, the debris is not on the tenants’ side of the berm.
“I’m looking at tile with a drain,” Becker said. “I want to know what the state took down that was dumped here. Is there asbestos in these tiles?”
Becker said there was no way of knowing what could be leaching into the surrounding soils.
Mulcahy referred to one of the complainants’ spouses as a pedophile; Becker told him to be very careful, as the meeting was being recorded and members of the press and public were present. Mulcahy said he didn’t care if he was being recorded. Becker said he might find himself facing a slander or libel suit if he continued.
“I am not your attorney,” said Town attorney John Langey, “but anyone trucking in impacted product needs to be very, very careful doing so. These could be petroleum-contaminated materials, and it would become what the DEC defines as a spill. When your people get rid of it, you’ll want to be very careful because now you’re in the [waste handling] stream, and there could be DEC involvement. Then your real headaches will begin.”
Mulcahy said he is going to cover it with dirt and trees.
“Can you get it all out?” Langey asked.
“Before I let anyone dump on my property, I’d know what was going on, and I’d do my homework,” Becker said.
Mulcahy said he planned to bring in soil and horse manure in the spring in which to plant greenery.
“No,” Becker said. “Then you have a [consolidated animal feeding operation] situation.”
“If anything goes over the property line, it’s trespassing,” Langey said.
“I spread manure on the fields all the time,” Mulcahy said. “Why can’t I use it here?”
“That’s a different situation,” Becker said. “You can’t spread manure in a residential area.”
“It’s not residential, it’s ag,” Mulcahy said.
Neighbors discuss impacts
Tami LaRosa, one of the neighbors who complained, said they did so out of concerns for health and safety reasons, as well as the well-being of a child who lives on the property with the berm.
“He did remove some concrete, but he covered it,” LaRosa said. “It’s blocking water drainage.”
Mulcahy said it wasn’t his property, and Becker told him he had his turn and to let LaRosa speak.
“It’s blocking the flow of water, and the berm is probably 15 feet high now,” LaRosa said. “There are animals and snakes and everything you can think of crawling around back there now. It’s an eyesore, and people driving by are slowing down to look at it now. My sump pump’s been running non-stop.”
LaRosa went on to say she felt the dumping feels like retaliation for reporting that the house was flaling down.
“My landlord, when you call him, he comes right over and takes care of things,” she said. “That house was wide open so animals could get in, the roof was falling in and there were children living there.”
Becker said water flow issues fall under riparian law, and her landlord’s attorney will have to take care of that. LaRosa said he is working on that.
Neighbor Valerie Brown said the concrete and construction debris beneath the soil came from a gas station/car wash operation at the corner of Kirkville and Fly roads in Onondaga County; she said she followed the trucks to find out the source.
“I was the person who got arrested for standing behind the truck trying to stop it from dumping more,” Brown said. “Everything he’s told you is a falsification. That debris in there could be poisonous.”
Mulcahy said the only thing he had to add is that LaRosa’s rental has had flooding going back to 1993 because the foundation was dug too deeply.
“Did you put any dirt on top of debris?” asked Councilman Jeff Martin. “Why are you burying it before we resolved this here today?”
Mulcahy said the majority of it is in the driveway right now.
“It was stacked so high, I don’t see how he could have gotten everything out of there,” LaRosa said.
Boards asks questions, renders decision
Langey said the town council’s job was to determine whether it would uphold Ball’s order or determine it to be unnecessary.
The board adjourned briefly for advice of counsel.
“You went down the road to whom?” asked Councilman Kerry Ranger.
“I have a friend running an excavator for the [state Department of Transportation], and he was bringing it in for $20 a load,” Mulcahy said. “I got 50 loads free from Ricelli.”
Ranger said he didn’t know if it was legal to haul the debris across the county line.
“Your story is not coming together for me,” said Councilman John Brzuszkiewicz. “The timeline is not coming together for me. I feel like the timing of your covering it up is questionable, and I have concerns about what is in the ground.”
“I feel there is malice and spite against your neighbors,” said Councilman Thomas Kopp. “You are entitled to a berm, but it should be constructed according to code.”
“I was okay until you tried to cover it up today,” Martin said. “It appears you are trying to circumvent the process here.”
“I thought if you could see it in the driveway,” Mulcahy said.
“I drove by there tonight, and I guarantee it’s not out of there,” Ball said. “Five days after service, [the order to remedy] became a cease-and-desist order.”
“No, because I requested a hearing,” Mulcahy said.
“No,” Ball said.
“I think I’m hearing the town board saying they want it all out of there,” Becker said, adding that he wants him to remove the asphalt, concrete, and all construction debris.
“I’m appealing this,” Mulcahy said.
“That’s fine,” Becker said.
Ball said there are berms on three sides of the property.
“Councilman Kopp summed it up best when he used the word ‘malice,’” said Becker. “The neighbors are now under duress because of this.”
The Sullivan Town Council voted unanimously to affirm the order to remedy, giving Mulcahy 30 days to remove all materials. If he does not complete the work within the time allotted, the town will contract with someone to get it done.
The cost would go on Mulcahy’s tax bill for the property.
Fire Inspector Bill Pindle said whether materials are going in or out of the property, clearance needs to be maintained around the fire hydrant adjacent to the property.
Ernest Hotaling of Marsh Mill Road asked if the town had to go through the same process when it recently demolished a structure.
“Ernie, we’re not talking about that right now,” Becker said, visibly irritated. “I’ll come back to that.”
Becker said construction and demolition debris has to be disposed of in conjunction with Madison County’s flow control law; Langey said enforcement was out of their purview.
“Larry, can you go through that berm with a rod or something to make sure there’s nothing under it?” Becker asked.
“There is no way to determine it’s all out of there,” Ball said.
“We’ll do our best to make sure it is,” Langey said.
Mulcahy moved to the rear of the meeting room as the board finished the paperwork on the case.
“I’m coming after you, Bill” he said to Pindle.
“What?” Pindle asked. “Are you threatening me?”
“I’m going to get you,” Mulcahy said, then swept his arm across the front of the room where the board was sitting, “and I’m going to get them.”
“Are you threatening me?” Pindle repeated.
Mulcahy repeated the threat, and Pindle stood up and announced he was calling the state police. Mulcahy again repeated the threats as Pindle walked past him and exited the room.
“Ernie, the neighbors were looking at graffiti of a middle finger staring at them every day,” Becker said, unaware of what was transpiring at the back of the room, “so we took care of it and knocked it in so they wouldn’t have to look at it, and that’s the end of that.”
In other business
Becker said there is a measure under consideration at the county to purchase a piece of property for a park.
“It’s in Delphi Falls, and a donor is offering $750,000 toward the purchase to turn it into a park,” Becker said. “The county would have to put up $150,000. There are two falls and I think 60 acres. Planning wants to put a trail around it. It’s going to be more than $150,000 when all is said and done, but $150,000 isn’t chump change.”
According to Becker, the parcel has been privately held for 75 or 80 years.
“We’d have to make it safe, there’s a house there, and I’ve back up and said no because of the ongoing costs,” Becker said. “[Cazenovia Town Supervisor] Bill [Zupan] is in favor of it, I think, and I told him Cazenovia should own it.”
Becker said the town would be putting something up on its website because he’d like public input on the matter.
The Sullivan Town Council also
- approved a lease with the Chittenango Landing Canal Boat Museum for housing the town historian. Becker said Mike Beardsley is getting a lot of traffic in the location;
- approved a request by Madison County 911 to change the name of Wager (‘Wagner’) Hill Road to Ridge Road. Highway Superintendent Andrew Busa said he’d received a call from Madison County 911 that it is creating confusion. He said the only one who owns property there is Councilman Jeff Martin, who already is using a Ridge Road address. Martin said it’s actually Wager Hill Road, and Busa said the inventory erroneously lists it as Wagner. Martin abstained;
- approved the purchase of highway equipment in accordance with the rotation policy;
- approved a request to advertise bids for fuel/diesel to be opened at 7 p.m. Jan. 3;
- approved a resolution reappointing Bill Blanding to the Board of Assessment Review; and
- approved a firefighter application for transfer from Chittenango back to Bridgeport.