The Village of Hunter
Minutes of The Village Board of Trustees Meeting held June 13, 2016
- Call to Order: 8:00PM. Pledge of Allegiance Moment of Silence was held for those killed in Orlando, Florida
Members Present: Mayor William Maley, Trustee Alan Higgins and Michael Tancredi
Also Present: Larry Gardner, Village Attorney, Charles Sweet, Superintendent of Highways and Kathleen M. Hilbert
Public Present: Ben Sommers, Jeanine Figiel, Christine Gucker, Bill Gucker, Martin Feit, Mike Bliss, Harold Goldberg, Jodi Larison, Tom Larison, JD, Robert J. Hamley, Carl Giangrande, Jim Ray and Cheryl Cornelius
Approval of Minutes:
The Village of Hunter Public Hearing held May 9, 2016
The Village of Hunter Board of Trustees Meeting held May 9, 2016
The Village of Hunter Public Hearing held May 30, 2016
The Village of Hunter Board of Trustees Meeting held May 30, 2016
Privilege of the Floor:
Mayor Maley – Thank you, Tom Larison, for that very appropriate suggestion (Moment of Silence.)
New Business:
Martin Feit – I received a Village tax bill and on it was a charge for sewer and I do not have sewer. I live all the way up on Glen Avenue. Mayor Maley – We will review it. If you are within 200 feet of a sewer main and you are not connected, then we will have it removed. Trustee Tancredi – He should not be charged. Mr. Feit – The same thing happened last year. Mayor Maley – We cannot go backward and give you a refund for last year. Kathleen, generate a new bill without sewer charges.
Mobile Homes – William Gucker – How the heck did mobile homes get on Main Street? Everyone wants to know about that. I was told the plans originally showed modular. I know this is not allowed. Mayor Maley – Page 43, No mobile homes or manufactured homes will be situated in The Village of Hunter at the signing of our Zoning Law unless in a mobile home park. Definition of a mobile home park – five acres or more with the approval by the Planning Board for the siting thereof of manufactured homes. You are correct. There is an issue there. The Board is going to go into Executive Session. We have already discussed with counsel individually. I am going to ask the rest of the Board to authorize the hiring of special counsel to find out our rights and obligations as it relates to those structures being put there. There were many things not proper about it. We as the Board, once they were permitted and in construction, our actions were limited. Now we have to find out where we can go from this point forward. I do not believe any member of this Board is happy with the situation but we have to take the legal recourse that we have available to us and we are not quite sure what that is until we hire a special counsel. William Gucker – How about a stop work order at this point? Christine Gucker – Until the legal matter is resolved? Mayor Maley – They are already up. William Gucker – I do not think this is the image that anybody else wants. Mayor Maley – We are going to go into Executive Session because these were actions taken by our appointed officials and we need to consult with our Attorney tonight and then subsequent to that, we will probably be retaining special counsel. William Gucker – Do any of you guys know who allowed it or how it actually happened. There’s no way the public is going to know how this happened or at which point did the chain of command breakdown? Mayor Maley – You will be well informed of exactly what went on. Right now it would be counter-productive to the goal for us to be hashing this out in a public forum. We also have obligations, as the Board, on how to proceed with this as the persons involved are appointed officials and we have to handle this as if they were employees. We do not say things about why employees are let go. Harold Goldberg – Can those buildings be occupied by anyone without a C of O? Mayor Maley – At this point in time they do not have a C of O and they cannot. Harold Goldberg – Will there be a C of O issued for those structures? Attorney Gardner – We are going to discuss before we answer these questions. Jodi Larison – While you are getting special counsel why don’t you see about the buildings across the street that are falling down. Trustee Higgins – Totally separate issue, but…interrupted by Mayor Maley – but yes, that is another issue but they are all sort of all tied together.
Land Acquisition Project #7398 – NYC DEP letter dated May 6, 2016. Mayor Maley – New York City is looking to acquire a piece of land that is basically up off of Garfield and it has a little spur that comes down to 23A. They are looking for our approval. In light of the fact that The Village of Hunter in the past and probably in the future has chosen to not get in the way of a willing seller and a willing buyer, all these lands have to meet the criteria of the land acquisition program which is topography, watercourses and whatnot, I see nothing wrong with allowing the acquisition. See Resolution 2016 – 035.
Application for Reinstatement (Fire Company) – Mayor Maley – Anyone know who this guy Chris is? Kathleen Hilbert – His last name is Carey but there seems to be some question as to whether he is joining or being reinstated. Mayor Maley – In the past, we have never really denied membership in the Fire Company by the Board of the Fire Company that recommends them, but I would like to know who this is. We will table this until we have more information.
Application for Village Sewer Lateral Replacements – Conestoga Investments Ltd.
164.10-1-24 – 52 Central Avenue and 164.10-1-26 – 64 Dolan’s Lane. Discussion was held. Mayor Maley – You need the larger volume water lateral to facilitate the sprinkler systems in that structure and then the larger lateral on the sewer which will connect to the main, which is actually on their property anyway. Both sewer main and water main are on that private road. I would suggest that the Board give the approval for 64 Dolan’s Lane and we will discuss 52 Central Avenue with Delaware and we will move forward on that at a future date. Trustee Higgins – Who will be doing the inspection on this? Mayor Maley – The water would be Joe Meyers. The sewer on the back building is nothing. It is already connected, so, that is sort of a mute issue. Normally, the engineer does the inspection and the applicant pays for it. I am going to make a motion that we approve the connection of the water line for the fire protection system for the building that is near completion (64 Dolan’s Lane) and then we will discuss the rest at a subsequent time. See Resolution 2016 – 036.
Hunter Public Library – Attorney Gardner to prepare a contract between The Village of Hunter and the Hunter Public Library for the purpose of donating $150.00. See Resolution 2016 – 037.
Old Business:
Land Acquisition Determination – Catskill Watershed Corporation letter dated December 4, 2106 – Mayor Maley – This is basically the letter whereby they are reviewing our ability to preclude or allow land acquisitions. As I said with the application that was before us already, this Board, in the past has not precluded a willing seller/willing buyer from taking properties and selling them to the City. In the new memorandum or proposed upgraded memorandum of agreement, the City of New York wants to change their ability to buy properties. At this point in time, they are allowed to only purchase properties above ten acres without structures. The new request by the City of New York is that they can buy smaller parcels with structures. Some of that, in my opinion, is a good thing because there are properties within the flood ways, specifically in our Village, that are a lot smaller than ten acres which would not allow or afford the property owner the opportunity to sell it to the City. Some Boards on the mountaintop do not like the City’s land acquisition because they feel it takes away properties that could be developed. Well, most of the properties the City would be buying are properties that are either extremely hard to develop or impossible to develop. There are properties within the Village, specifically along the Schoharie Creek, that have buildings on them that have not been used in years and one of the reasons they have not been sold and/or renovated is that they are in a flood zone. The cost of renovating them is so high, it makes it almost not economically feasible. The other problem is that if you tear them down, the land is not buildable because of the offsets from the roads and the water courses. So, you wind up with properties, specifically in The Village of Hunter, that this new program, in my opinion, would be beneficial. They are not asking for our approval yet but this is a notification of where they are going. We think it would be beneficial not detrimental to The Village of Hunter if this program actually gets accepted in the new agreement with the City of New York. This is all just public information.
Tour of the Catskills – We still have not received a response. Send another letter.
Correspondence:
- Catskill Watershed Corporation Annual Report is here for anyone who wishes to read the report.
- Notice of Proposed Premium Rate Change for 2017 – CDPHP letter dated May 10, 2016 – Proposed percentage change to our premium is 8.7%.
- New York State Deferred Compensation Plan – Letter dated May 20, 2016. No employees are currently interested in this plan.
- Invasive Species Overview – Cornell Cooperative Extension letter dated May 20, 2016 – Overview to be held Thursday, June 16, 2016 from 12:30PM to 3:00PM. Cost is free, however, pre-registration is preferred.
- Updated Brochures are available about the Catskill Watershed Corporation and three of its programs:
- Education Grants
- Loan Programs
- Septic Programs
- 24th Annual NYS ReLeaf Conference being held July 14-16, 2016 at Skidmore College in Saratoga Springs, New York.
- Greene County Home Improvement Program – Catskill Mountain Housing Development Corporation letter dated June 9, 2016. Soliciting applications for Greene County Home Improvement Program. This is a program to help repair existing owner-occupied single family homes. Owners must be up-to-date with insurance, mortgage and tax payments and income qualified. If you know anyone (i.e. elderly people) that could use this, please pass the word. This helps the owner and the community.
Bills:
Account Voucher Nos. Abstract
General Fund V-1 to V-50 No. 1
Sewer Operating G-1 to G-20 G-1
Water Operating F-1 to F-17 F-1
Water Supply Capital Project HF-1 HF-1
The above vouchers were audited and ordered paid.
Financial Reports:
- Monthly Trash Bag Reconciliation
- Bank Reconciliations
- General Fund
- Sewer Operating Account
- Water Operating Account
Executive Session:
Motion to go into Executive Session made by Mayor William Maley; Seconded by Trustee Michael Tancredi.
Return from Executive Session: 10:07PM
Mayor Maley – We are back out of Executive Session which was for the purpose of discussing some employee issues and also legal issues with our Attorney as it relates to the double-wides at Dolan’s Lane and Route 23A (Fyodorva.) I am asking for authorization to hire Attorney James J. Burns of Murphy, Burns, Barber & Murphy, LLP as special counsel to review the situations leading up to the placement of those double-wides on the properties at Route 23A and Dolan’s Lane. See Resolution 2016 – 040.
We need to adopt a resolution allowing for payment of meals and expenses to officers and employees that go to training sessions for the actual cost of the meals to be reimbursed not to exceed the state levels that are set forth by the federal government for such travel by area. There is a chart by which area you are in, in the state. See Resolution 2016 – 041.
Resolutions:
Resolution 2016 – 035
Authorize Mayor to sign off on New York City Land Acquisition Project #7398
Motion made by Trustee Michael Tancredi; Seconded by Trustee Alan Higgins
RESOLVED that The Village Board of Trustees authorizes Mayor William Maley to sign the Town Response Form for Land Acquisition Project #7398. Public Access Area is the proposed recreational use, which allows hunting, hiking, fishing and trapping without a NYCDEP Access Permit. Parking is available for 1-2 vehicles.
The foregoing resolution was put to a vote and was carried unanimously.
Mayor William Maley voting – yea
Trustee Alan Higgins voting – yea
Trustee Michael Tancredi voting – yea
The resolution was thereupon declared duly adopted.
Resolution 2016 – 036
Approval of Water and Sewer Application (Conestoga Investments Ltd.)
Motion made by Trustee Michael Tancredi; Seconded by Trustee Alan Higgins
RESOLVED that The Village Board of Trustees approves the Water and Sewer Application submitted by Conestoga Investments Ltd., 77 Caribou Road, Toronto Ontario, Canada M5N2A7 for property identified as 64 Dolan’s Lane, Tax Map No. 164.10-1-26, which is located in The Village of Hunter.
The foregoing resolution was put to a vote and was carried unanimously.
Mayor William Maley voting – yea
Trustee Alan Higgins voting – yea
Trustee Michael Tancredi voting – yea
The resolution was thereupon declared duly adopted.
Resolution 2016 – 037
Authorize Mayor to Sign Agreement between The Village of Hunter and Hunter Public Library
Motion made by Trustee Michael Tancredi; Seconded by Trustee Alan Higgins
RESOLVED that The Village Board of Trustees authorizes Mayor William Maley to sign the Agreement between The Village of Hunter and the Hunter Public Library for the purpose of providing $150.00 in consideration of the Hunter Public Library providing library services to the residents of The Village of Hunter.
The foregoing resolution was put to a vote and was carried unanimously.
Mayor William Maley voting – yea
Trustee Alan Higgins voting – yea
Trustee Michael Tancredi voting – yea
The resolution was thereupon declared duly adopted.
Resolution 2016 – 038
Authorize Clerk/Treasurer to Attend Fall Training School for Village Officials
Motion made by Trustee Michael Tancredi; Seconded by Trustee Alan Higgins
RESOLVED that The Village Board of Trustees authorizes Clerk/Treasurer Hilbert to attend NYCOM’s Fall Training School for City and Village Officials to be held September 11-16, 2016.
The foregoing resolution was put to a vote and was carried unanimously.
Mayor William Maley voting – yea
Trustee Alan Higgins voting – yea
Trustee Michael Tancredi voting – yea
The resolution was thereupon declared duly adopted.
Resolution 2016 – 039
Approve Hiring and Wages of Summer Program Director and Assistant Director
Motion made by Trustee Alan Higgins; Seconded by Trustee Michael Tancredi
RESOLVED that The Village Board of Trustees approves the hiring and wages for the Summer Program Director and Assistant Director as follows:
Rachel Byrne, Program Director – $13.00 per hour
Denise Warren, Assistant Director – $12.00 per hour
The foregoing resolution was put to a vote and was carried unanimously.
Mayor William Maley voting – yea
Trustee Alan Higgins voting – yea
Trustee Michael Tancredi voting – yea
The resolution was thereupon declared duly adopted.
Resolution 2016 – 040
Authorization to Retain Special Counsel to Review Fyodorva Double-Wide Situation
Motion made by Trustee Michael Tancredi; Seconded by Trustee Alan Higgins
RESOLVED that The Village Board of Trustees authorizes Mayor Maley to retain Attorney James J. Burns of Murphy, Burns, Barber & Murphy, LLP as special counsel to review the situations leading up to the placement of Fyodorva double-wides on the properties at Route 23A and Dolan’s Lane.
The foregoing resolution was put to a vote and was carried unanimously.
Mayor William Maley voting – yea
Trustee Alan Higgins voting – yea
Trustee Michael Tancredi voting – yea
The resolution was thereupon declared duly adopted.
Resolution 2016 – 041
Employee/Officer Meal Allowance
Motion made by Trustee Michael Tancredi; Seconded by Trustee Alan Higgins
RESOLVED that The Village Board of Trustees authorizes reimbursement of actual and necessary meal expenses to employees and officers in conjunction with the attendance of approved training sessions, not to exceed the standard meal allowance for business-related travel prescribed for federal income tax purposes (see FY 2016 Meals and Incidental Expenses (M&IE) Breakdown.)
The foregoing resolution was put to a vote and was carried unanimously.
Mayor William Maley voting – yea
Trustee Alan Higgins voting – yea
Trustee Michael Tancredi voting – yea
The resolution was thereupon declared duly adopted.
Adjournment:
A motion was made to adjourn the meeting by Trustee Michael Tancredi; Seconded by Trustee Alan Higgins.
Transcribed by:
_____________________
Kathleen M. Hilbert
Clerk/Treasurer
16-06-13 rev.tent.min.