According to an e-mail from Samuel Ricotta at the New York Department of State Division of Code Enforcement and Administration, neither official has completed the coursework necessary to maintain their certifications. The e-mail was sent to village resident Margaret Richards in response to an inquiry. Ms. Richards has had several encounters with the two officials over what she has charged was their failure to enforce codes at Kaplan's Market, adjacent to her Kaplan Avenue home. Earlier this month, Ms. Wingate issued a stop-work order to Ms. Richards for roof repairs the resident said were being made on an emergency basis because water was seeping into her kitchen. It prompted Ms. Richards to question why Ms. Wingate was so quick to issue the stop-work order when she had overlooked other projects in the village that lacked building permits.
According to state records, Ms. Wingate was initially certified as a code enforcement official in 2006 and, while she maintained certification through 2007, she is "deficient of the 24 hours of in-service training required by regulation," Mr. Ricotta said. She took seven hours of training in 2007 and 21 hours in 2008, according to state records.
A state cutback in courses has made it difficult to schedule classes, Ms. Wingate said. However, she takes continuing education classes regularly, both toward that certification and because she seeks certification as an urban planner.
"I don't know any other 51-year-old woman who spends as much time in the classroom as I do," she said. To any who might criticize her for not acting as harshly toward those who fail to follow village codes, she said, "I perceive my job as somebody who sits at a desk and tries to straighten out the messes [applicants] have created." A more aggressive approach wouldn't likely be more effective, she said.
Mr. Abatelli completed his coursework in 2007, providing him with ongoing certification through 2008, but completed only seven of 21 required hours in 2008 to qualify for 2009 certification, according to state records.
"Although the training requirements have not been fulfilled by either individual during 2008 in order to maintain their certification for 2009 pursuant to regulation, there is no provision in the regulation providing for the revocation or suspension of a code enforcement official certification," Mr. Ricotta said. It's incumbent on the local government to ensure that people it employs have fulfilled their training requirements, he said.
Mr. Abatelli acknowledged not having completed the 21 hours, but said he thought he had done more than seven hours.
A "paucity" of classes being offered for certification is part of the problem, Mr. Abatelli said. At the same time, he denied that it would stop either him or Ms. Wingate from being able to do their jobs, including granting building permits or issuing stop-work orders.
"It becomes a little tricky in an all-out battle with an applicant," he said.
Mr. Nyce said he thought both were certified, but that he would look into it and ensure that they take necessary courses if their certifications have lapsed.
jlane@timesreview.com