Village Board Minutes

Call to Order: 8:00PM. Pledge of Allegiance

Members Present: Mayor William Maley, Trustee Alan Higgins and Trustee Michael Trancredi

Also Present: Larry Gardner, Village Attorney, Charles Sweet, Superintendent of Highways, and Kathleen M. Hilbert.

Public Present: Anthony Coiro, Paul Slutzky, Carl Giangrande, Harold Goldberg, Rob Corson, Chuck Tomajko, Jim Ray, Cheryl Cornelius, Tom Larison and the following members of Hunter Fire Company No. 1: Gary Goodrich and Gary Slutzky.

Annexation:

Mayor Maley – Do I hear a motion to accept the annexation? Trustee Tancredi – I make a motion to accept the proposed parcels. Trustee Higgins – I will second that motion. All in favor: Aye, Aye, Aye Opposed: None. Carried. See Resolution 2016-011.

Opening of Offers:

One offer for our 1968 Jeep M715 4×4 Pickup from Mike Marino of Round Top in the amount of $2,220.00. Trustee Higgins – they did not meet the minimum bid requirement. Mayor Maley – Send a letter advising that the bid was not accepted. Clerk provided Board Members with Wade Beltramo’s article on selling surplus property on ebay. Discussion was held regarding possible future selling efforts, auctions, etc.

Approval of Minutes: Village of Hunter Public Hearing held February 8, 2016
Village of Hunter Board Meeting held February 8, 2016

Privilege of the Floor:

Old Business:

Fairlawn Inn/Roseberry’s Chuck Tomajko – Read his letter as follows: This commentary is to express my concerns and lack of satisfaction about how the Village Attorney did not do his job related to my concerns and problems with Roseberry’s next door. Leadership of the Village has accepted the responsibility that comes with your jobs and in this case certainly did not follow through. Everyone that works in the Village ultimately reports to the Mayor and Board. All should be held accountable when they do not follow through.

My issue is the tens of hours of my time, police time and village board time that was all wasted. My twenty-eight times calling the police and five signed complaints was wasted. The five complaints were thrown out because of a lack of progress in finding a prosecutor. If, at some point, Mr. Gardner had communicated his efforts to the Town Justice, maybe he would have been more patient. The charges were dismissed in October. It was obviously not a priority and consequently, this result.

Mr. Gardner did call just before the last meeting to indicate he had finally found someone to prosecute if there were to be further complaints. At that time he found that the complaints were dismissed. A little late now. I would strongly encourage a look at our existing noise ordinances and see if they can be beefed up but more importantly addressing it as it happens, not months later.

It took a tremendous amount of energy and public relations effort last year to insure my existing guests did not bring Roseberry’s loud noise to the attention of future guests on Tripadvisor.com. It is just a matter of time if it continues. Someone will not feel sorry for me when they cannot sleep or relax here and publish that information, which will cost me future business. I have already lost business with people that had a multiple summer stays, e-mail or request those reservations to be cancelled as I could not indicate that the noise would not continue. In addition to the Fairlawn being my business it is also my home, a home that was difficult to live in throughout the summer. Inn-keeping is a labor-intensive and stressful job without these addi tional headaches.

In addition, Roseberry’s is building a stage over the former foundation of the Heartbreak Hotel. At no time did I hear, when he made his application, that he would be having functions or concerts next door. It was for a motel and a restaurant not a live music or recorded music venue. On Saturday of Labor Day weekend last year he had large speakers directed at the Fairlawn for nine hours. Loud music. They had a slip and slide and when I walked on the property to take a video and record the loud music I was charged with Public Trespass. This, when he was having a very public and advertised party. It was retribution because that week they had been arraigned on the five complaints. Which, by the way, I was unaware of that fact. The person offering the complaint was left in the dark, as I was when the charges were dropped. I was sitting in village meetings after the charges were dropped, as the village attorney was also unaware of the dropped charges. More indications this was not a priority.

Every time I ask about how to give Peter a citation, the State Police indicate they can ask them to quiet down but it is out of their jurisdiction. They say they cannot cite them. They quiet down until the police leave and then it begins again. On several occasions I have called the police three times in one night. Both Mayor Maley, Village Attorney Larry Gardner have scoffed at that and indicated it was the State Troopers responsibility. Therefore, I would like to know at the next board meeting if that is indeed true and what options I have when I offer a complaint. Everyone says they are on my side but nothing happens to restrict him. Now, the complaints I so patiently processed have been released giving Peter at Roseberry’s some sense that he is invulnerable. I can continue to expect loud music and partying again.

What is being done about visiting camp counselors from Camp Loyaltown? The camp employs over 250 young adults, some under drinking age. It is obvious they are served at Roseberry’s and everyone looks a blind eye and allows it. These seasonal employees come into our community and do not follow the ordinances and laws while they are here. They are the majority of the partiers that disrupt the community while they are here. They should be required to behave when they are here.

In addition, the sign he built with purple rocks along the bank certainly exceed any sized sign that is in the ordinances of the village. Peter has added additional buildings and I would like to know if that was properly permitted. He erects a temporary tubular steel area covered with a tarp for the summer to cover picnic tables. It is unsightly and certainly not an approved temporary building. I would like to know if it is legally allowed and if not, why it was not taken down.

I would like to be assured that live music, loud music and large gatherings will be addressed now, not when he does it indiscriminately throughout warm weather. I would like to know if those additional buildings are within the purview of his use by the planning board. If the purple rocks are indeed inappropriate and a sign, I would like them removed. If we have ordinances and laws that provide limitations, why they are not enforced, inspected and those not complying asked to comply?

In every instance I have applied for and received permits and did what was on the scope of work. I have invested hundreds of thousands of dollars to improve buildings on Main Street. That needs to be rewarded by insuring neighbors comply when they do additions with their properties.

I am ultimately looking to the leadership of the community to support my efforts to shut down his loud music and partying to all hours. It would hold a lot of weight if other people in town signed complaints so I am not the lone voice indicating it is an issue. Mayor Maley indicates he had heard the noise also. I encourage him to next time sign a complaint also.

I would also like to know if indeed it is “out of their Jurisdiction” by the state Police. I need that information to be accurate and some correspondence indicating the true policy so I can follow them and understand what I can request and what not.

Mayor Maley – Thank you Chuck. I understand there is an issue there, especially since I am in the same business as you. I have heard the music at periods of time depending on which way the wind blows and how high up on the hill they are, including if you go back onto Central Avenue, the noise is egregious. Mr. Tomajko – I was at a Super Bowl Party and I meet someone and she said I have a story to tell you about the Fairlawn. She lives up in Colonels Chair. She called him at Roseberry’s to ask if he could get the music turned down because she had a child that was there and they could not sleep. He said sure. Then he *69ed her to call back to ask if it was the Fairlawn offering another complaint – in Colonels Chair. Mayor Maley – yes, which is across the valley. The noise travels especially at the elevation. As it relates to enforcement, Mr. Gardner, you might have to look into this. I am under the impression that our ordinances can be enforced by the State Police, especially if they are aware of it. Mr. Tomajko, if we have the ordinance and a copy thereof, our State Troopers and our Town Police should be aware that they can enforce a local ordinance. Mr. Tomajko – The Town does not give me an issue but by eleven o’clock at night they are off duty and the State Troopers are here, so my hands are tied. So, I need someone to talk to, whoever the boss is there – the Trooper, to get this figured out. If they start handing him a ticket every time that they go there, it is going to have an impact. I understand that the retribution for failing to honor the noise ordinance is $250.00 per occasion or 20 days in jail. I am unbelievably irritated that I spent an entire summer on edge every night and all of that was for nothing. Now I have to start all over again. The definition of insanity is doing the same thing over and over and expecting a different result – I want a different result. I deserve a different result. This is the time to address it – not in July. Mayor Maley – Larry, can we put something together and discuss how we can bring the State Police on board? Attorney Gardner – First of all I want to say for the record, when the neighbors’ attorney wrote a letter to the court requesting there be a dismissal, I responded immediently with a copy to him and a copy to the court, asking for more time. I later learned, months later learned, that even before he wrote that letter, the court had dismissed the case. So please do not say to the Village Board that I did not communicate to the court. I did communicate with the court. I asked for more time. I later learned that even before the communication they had dismissed the case and they did not communicate that for months. Mayor Maley – There is no sense in hashing backwards. I think Mr. Tomajko is looking for how we can come to some sort of solution or enforce the capability as it relates to the State Police. We would hope that the neighbor and the person causing the noise would eventually become a good neighbor and run their businesses and properties within the confines of what polite society would think is good for a commercial/residential area within the Village. But, we need to not have it go on again if we do not have any ability… interrupted by Attorney Gardner – We are now in a totally different position. Now we have a prosecutor who is willing to prosecute the moment there is a complaint. We did not have that before. Mayor Maley – But we also need to get in touch with the State Police and inform them that we have this law. Attorney Gardner – That is fine. Mayor Maley – It will happen. Attorney Gardner – Now the Village is ready. Mr. Tomajko – Now the question also is with the stage he is building up there. Is he aloud to have live music? Mayor Maley – Paul, did you give him planning board approval for a stage? Paul Slutzky – No. There was a site plan approval. It is in the minutes and I can certainly get a copy to you. No I do not believe there was anything regarding a stage.

Paul Slutzky – As far as the sign goes, the Roseberry rocks where not part of any sign application and would not be permitted under the sign law as a sign. Trustee Higgins – It violates the law blatantly. Paul Slutzky – The question is, is it a sign? We would defer to the Village Attorney on that but I would presume that if it states the name of the business, it is a sign. Trustee Higgins – I think that is in the sign law. Anything that attracts people to the business is considered a sign, whether it be an advertisement for a product or the name of the business. Mayor Maley – Yes it is. The Roseberry’s rocks are larger than the thirty-two square foot maximum and he already has other signs. Trustee Higgins – Can we get him cited for the sign through our building department? Mayor Maley – Yes.

Paul Slutzky – If there is a violation of the sign law the Code Enforcement Officer can issue a violation notice. Chuck Tomajko – I do not want to be here stirring up the pot, I really do not. I just want to know that I can get some sleep at night and my guests can get some sleep at night and that this is not going to end up on trip adviser because you cannot sleep here because of the noise. When that hits, then I do not know what my next step is going to be but I have got to do something – fourteen years of 100-hour weeks. Mayor Maley – I will discuss this with Dominick tomorrow because obviously they did not put in for a permit for the rocks. Mr. Tomakjo – If he puts a temporarily structure up to put over the picnic tables is that acceptable? Mayor Maley – Paul, is that acceptable? Paul Slutzky – It is not in the site plan. He had proposed to the planning board that he was going to come in for the approval of a wooden deck to be attached to the restaurant. He brought in a sketch plan but never followed though, so that was not part of the approval process. The two out-buildings were part of the site plan with architectural review. We dealt with those two buildings. Mayor Maley – Which are not completed yet after two years. Can you send Kathleen any of the things that went in front of the Planning Board that are related to Roseberry’s so that when Dominick reviews what is going on up there he will know what was approved? Paul Slutzky – Yes. Dominick issues the sign permits after we give him the Planning Board’s approval. Once a site plan is approved we give a copy to Dominick. Dominick has a problem with filing. He does not have room. It is very difficult to get him to access stuff from years ago but I can pull the file on that and make a copy. Mayor Maley – Send it on to Kathleen and we will move on from there. Okay, Chuck, thank you.

Trustee Tancredi – I just want to weigh in because I have been listening to everything that has been said. I am actually one of the guys that actually goes and talks to Peter and his wife and gets both perspectives and having had a fairly noisy business myself on Main Street and having had experienced many of the same problems you are experiencing now with neighbors, only I was on the reverse. I was the noise generator not the person looking for peace and quite. I told it to Pete and I will tell it you. I think the only long-term solution to both you and him is to start carrying on a conversation on how you are going to learn to get along. Chuck Tomajko – I sent two letters. I went over there twice and when I call he always hangs up on me. Trustee Tancredi – There is already bad blood. You guys have already established that. To me it is already like the Hatfields and McCoy’s. It has already escalated to a certain level. I do not know how you de-escalate it to get to a point where you could actually start to have some civil conversation about each others needs. Chuck Tomajko – Mike when I moved here you where here. I knew what I was moving into. I moved into a vibrant community with a trolley, a ¼ to ½-inch thick Guide Magazine and vibrant businesses on Main Street. That is not what we have now. He came in after me. I am asking for him to comply with the ordinances as they are stated. That is all that I am asking him to do. I have been polite with every conversation I have had with him and I have asked him, I have been over there twice to ask him to calm down. Trustee Tancredi – Pete has told me that you have gone over there and asked him to have his guests please go to sleep by ten o’clock at night. Chuck Tomajko – I have never…Interrupted by Trustee Tancredi – Do not kill the messenger. I am trying to resolve problems because quite frankly what just was discussed across the table here, right now, that is not going to work for you, friend. I am telling you. I know better. My intuition is much better than that. You guys keep on that track you will be in the same position that you were in last summer. That is why I am trying to advocate on both your and his behalf to really try to learn to understand, obviously he is in the same business but he has a different model than you do. You are catering to a certain demographic. He is doing something different. Unfortunately, you guys are right next door to each other, so what do you do? Do you keep calling the cops at eleven o’clock at night? I do not believe that is the answer. I think you have to have a willing neighbor willing to work with you on that and to me that is not the way to get to that avenue. Chuck Tomajko – I will agree, Mike. This is not my way to go about this but I have been charged with public trespassing, told not to go on his property, so I am not going over there. Trustee Tancredi – I will share in my own personal experience I did everything I could to mitigate the noise that my establishment made for the benefit of my neighbor and in the end, Chuck, it did not matter what I did. It did not matter. She was never happy. I am just playing the devil’s advocate. I have been though it. I have lived it and I know what you are going through. I sympathize with you and I sympathize with Pete. There is a conflict going on here. I think the only two people that can really resolve it in any long term amicable way, are you and him. That is what I believe. You can promulgate all the local laws you want, call the state police twenty-four times a day.

I do not think that is going to solve your problems. I really do not. I hate to be so negative but that is my perspective on it. Cheryl Cornelius – Is it possible for the board in someway to do some kind of mediating by sitting down with both these owners? Trustee Tancredi – That is why I keep an open line of communication with people. When I talked to Pete, I have told him, point blank, he has a different clientele. He has a different thing going on. I said “You need to be considerate of that.” But I can tell you in all honesty and this is a fact, Chuck, people used to come out of the restaurant when this town was actually vibrant and you would have people walking up and down the street between HVI , Heartbreak Hotel, there were cars parked on both sides of the street. I was closed and I would get a complaint from my neighbor because she automatically assumed that those people came out of my place, which was not the case and that is what happens. I would be more than willing to try and help mediate and bring people together and work through the issues. I think that is the only way it really gets resolved. You can tell Dominick to go over there and there is nothing really going on there and he will take the rocks away and Pete will get pissed off at you for mentioning the rocks and tensions will build and the first weekend that he has a full house and they are partying out in the yard but by the time any of that gets resolved, your season is already gone. It has passed you by. Mayor Maley – I do believe, as Micheal said, some sort of mediation would be good. I do not know how we facilitate that, and as Chuck and Michael have said there is already an adversarial situation where Chuck is not even allowed to go over and talk to him and obviously there are two sides to every story, of course. I do not know what our position is legally. We all live in this community. We want it to be better. I do not know how to medicate this. Trustee Tancredi – Well look as far as laws go, that is what we are here to do – uphold the laws. I am willing to do that because that is my obligation as a Trustee. Mayor Maley – We have no choice. Trustee Tancredi – Do you think it is going to work? No. And that is my obligation to how I feel for the business community here because there are so few businesses now in Hunter. I do not want to see any close. I really do not, or impacted adversely from one activity to the next. We have zoning and we have laws in place. I am just being objective. It has become personal. You need to calm it all down and really start coming to the table with each other and see how you can mutually benefit from each other’s existence there. Chuck Tomajko – I would be happy to but every time there is an issue, as soon as the police leave it cranks back up again. Trustee Higgins – If the music is loud up there, if the police roll up and the music is loud after they have been there every weekend for months. Enough warnings. Okay, we told you last weekend to turn it down and now we are here again. It is blasting again. They have to cite them. The citation is somewhat of an issue if we have no teeth to sink into, you know, there are no ramifications. If the police can cite something out of NYS penal laws, it would be beneficial to the whole cause, if a law is being broken when they get there. Then the DA prosecutes it, so wouldn’t that be nice. And, they could continue to keep prosecuting it. That is one thing. As far as the Village Board moderating some kind of meetings, Cheryl, it would be nice to be able to have a sit down like that if both parties would be willing to leave the table and uphold whatever agreement they made at the table. Chuck Tomajko – I comply with every law and ordinance in this community.

SCBAs Gary Goodrich – Just to bring the Village Board up-to-date, the breathing apparatus have been received and we have already used the apparatus in a fire, so thank you. They still owe us some parts and pieces. Mayor Maley – That coincides with other companies on the mountain top? Gary Goodrich – Yes. The tanks are interchangeable. Mayor Maley – I am glad it worked out and we got it as fast as we could. Trustee Higgins – The interior firefighters, at least two of them, came to me and said thank you for making this happen. They feel much more comfortable and safe in a burning building because they can communicate with people outside through the radio/intercom. They hook on with ease. So the firemen are quite happy and pleased that they have them. It is good feed back that I have gotten in the last month. Mayor Maley – Good. We would hate to send someone in there without the right equipment. Thank you for the feed back, Gary. We appreciate it.

Fire Truck Gary Slutzky – I just want to know if you have reviewed the specs and request for buying a new truck and what the plans are? Mayor Maley – We have reviewed them and I believe Michael has been in some sort of a discussion with Daryl and some communication went back and forth about possibly helping us with the financing. Actually before you got here, at our public hearing, they agreed that we would sit down and go over some more items. Trustee Tancredi – We trying to open the lines of communication and open their minds. Gary Slutzky – What does that mean? Trustee Tancredi – They need to take their fair share. Gary Slutzky – Can I speak to that? Very simply put, right now the current rate for Fire Protection District Two residents is $1.10 per thousand of assessed valuation. So the fire district pays the Village somewhere in the neighborhood of $45,000 with $16,000 going to the fire department. Mayor Maley – Pays the Village $29,000 and you get the rest of it. Gary Slutzky – Now if the Village used the same number – $1.10 per thousand of assessed valuation, the Village would have about $111,000 that they would raise through taxes. Therefore, you cannot say that the fire protection district is not paying its fare share. Mayor Maley – That would work out wonderfully, if you were correct, if the Village got $45,000. Gary Slutzky – What is your total assessed valuation? Mayor Maley – $98,000,000. Gary Slutzky – Divide $98,000,000 by 1,000. Multiply that number by $1.10 and you will come up with $111,000. Okay? (For the record – The result of this calculation is $107,800.) Mayor Maley – For the last three years, the average cost, forget budgeting, the average cost for fire protection for the Village of Hunter was $106,000, of which the Village paid $77,000 and the Town paid $29,000. They gave you $16,000. We do not see that. You buy trailers to use for parades, you fix hose carts, you put the money in reserves but we buy the equipment, we buy the air packs, we buy the new trucks. Gary Slutzky – Actually, we own 14-1. We paid for it. We have not been reimbursed. Trustee Higgins – The first one? Gary Slutzky – No, the one we have right now. Trustee Higgins – That is the first one that has happened with besides the van. Gary Goodrich – We have already spent $16,000 on the brush truck. Gary Slutzky – We have pumper and a tank on the brush truck now for brush fires. Mayor Maley – We do the math and we took the $46,000/$43,000 our budget and we did it exactly because no matter how you look at it, it is 2/3 or 1/3 if we went around and we did that, our budget would be $126,000. Gary Slutzky – That is more than what I say. Mayor Maley – No, but I want you to understand, taking total with the Town of which since our average budget for the last three years was $106,000, it does not leave any money for your contingency if something goes wrong as in like buying the $40,000 worth of air packs. If we wanted to borrow money to buy a truck, that only leaves $20,000 extra. We would need $20,000 more, so it comes out to a 19% increase in what the Village was paying and what the Town was paying including taking the money that you guys get as the fire company and our whole conversation for how many years, Michael, has been whatever the actual cost the Village would pay our share and they would pay their share. The problem with this is the Town Board refuses to do that. They keep taking about the past, what it could have been, what it should have been and how it should be a fire district with a board of fire commissioners with autonomous taxing authority to do whatever they want, which would take it out of the Town budget. It is never in the Town budget. It is always an addendum to the town on a contract with The Village of Hunter. But, your guys, who are by the law supposed to give us a budget, never give us a budget. You always say that we are hamstringing you, but we are not. Gary Slutzky – We are a village fire department. We are not required to give you a budget. Mayor Maley – That is how the NYS State Comptrollers Office looks at it – that you are suppose to come to us. You are the people who are supposed to know the firematics and know what the future needs and wants of the fire company are. This board, unless you want us to be there everyday at your meetings and review your equipment or bring a consultant in to tell us what we need, need to rely on you as the members of the fire company to give us your needs for now and the future. The reality is we are ready willing and able to pay whatever it costs to supply the equipment to do the fire protection for both the Village of Hunter and the Fire district but I am not going to take it anymore from you, John LeVeglia whatever telling me that Daryl Legg is going to create his own fire district or move the contract of Tannersville and Lanesville and cut us out. You have told me at meetings, you have said it in public and on the street, well then, you will lose all your firemen and then you will have to pay the money. Well, we pay $77,000 now. That is what our cost has been over the last 3 years. Gary Slutzky – I though you said you budget $90,000. Mayor Maley – Don’t you remember that I said the average cost of fire protection was $106,000. We budget $90,000 and we are over budget for the last three years. Gary Slutkzy – Lanesville lives on about $62,000 and Haines Falls gets about $75,000. They are an actual district. Of that $75,000, they take $15,000 per truck payment on the bond and they take another $5,000 to put away for Capital Reserves. So cut the $20,000 dollars out, that is $55,000 is what is cost to run the Haines Falls Fire Department. They have one more truck than we do. No matter what you do, I do not know how you are spending $120,000 on the fire department. It does not add up. It only comes to $65,000 or $70,000. Mayor Maley – Kathleen gave you and the Town Board… interrupted by Gary Slutzky – Do you have a calculator up there just for a simple calculation? Trustee Higgins – Yes. Gary Slutzky asked the Board to do the calculations again. Trustee Higgins – $107,800. Gary Slutzky – It comes to $111,000. That proves that you are not paying the same amount as the protection district taxpayers. Trustee Higgins – We do not get $1.10 per thousand. To get technical, if you take out a third of that money that the fire company itself receives then we really get two-thirds of $1.10 per thousand which is about 70 cents per thousand and then if we take $98 million dollars and do the whole thing then we should be budgeting $68,600 to match that number plus the $29,000 that we get comes out to $97,600. So I am getting technical with the numbers because we do not get the $1.10 per thousand assessed value. We get 70 cents of it. Gary Slutzky – You made your point. Mayor Maley – How much money does the fire company have in reserve that is based on the money you have been getting from the Town for x amount of years? Gary Slutzky – I could not tell you. I am not the Treasurer. But the thing is we spend the money, like we brought this pumper for $8,000 and there are other firematic things we buy. We buy hose, we buy nozzles sometimes. We do buy our own stuff. We have an equipment fund. The bottom line is we got to have a pumper. If you are not gonna buy a pumper, then we have to figure out what we are gonna do because we cannot go on like this without a pumper that we can rely on. You say that we do not give you a number, an idea of what we need. You continue to jerk us around. Mr. Slutzky then discussed the needs from 27 years ago.

Trustee Higgins – I think there is a path to getting the truck. The path looks something like the full contract amount that the town gives to the Village is going to have to go to the Village. The Village is going to have to up the money that we put in our budget, get a little bit more from the Town and match that increase as well. Then I see the path to get the fire truck. It would be everyone paying their fare share. Mayor Maley – That is the only thing that is going to happen. Trustee Tancredi has been in discussions with Daryl previously and earlier this evening. There was an agreement that we would get together. Am I correct? Trustee Tancredi – Yes. I am doing what I asked the fire company to do. It was brought up in the context that we are annexing a parcel into the Village which already has a house developed on it and their representative, Mr. Simon, indicated that the house may sell for over a million dollars. I brought up the process of which to reiterate publicly they would be subject to come into Village site plan review or zoning laws, environmental community impacts and I actually used the example but I did not state what property it was but I will now because you are really annoying me and for the public’s benefit when we did the environmental assessment form for Kaatskill Mountain Club, those fire service impacts were flushed out and Gary Slutzky brought all his friends to the Village Hall to poo poo that. That is where the developer should have been writing a check also. I am not saying buy the truck completely but at least making a contribution. Now the very same guy comes in here wants to brow beat me month after month and I am done with that. Until we get an increase from the town, we are where we are. Gary Slutzky – Okay, so the answer is you will not do anything. Trustee Tancredi – Do you want to give us your portion? Gary Slutzky – I did. You guys do not understand it. Trustee Tancredi – The portion that the fire company receives from the town? You want to give it to us? Mayor Maley – Look, this is a discussion we are going to have to have with the Town. You do not have the authority to make any decisions on this. Trustee Tancredi – While you were not here I told them that they should, the fire company and the fire service should be part of that zoning review. I know it does not make sense to you Gary but one day you will get that. Gary Slutzky – You do not have zoning. Mayor Maley – Yes, we do have zoning. Trustee Tancredi – Let’s move on to the next subject because I am done. Mayor Maley – This is tabled. Anyone else for privilege of the floor other than the fire truck? Interrupted again by Gary Slutzky who continued to speak about the fire truck and other subjects such as becoming a fire district, his years of volunteer service, etc. Trustee Tancredi – At $399,000 for the one that was bid on, we need $46,000 a year. Where do we get that money, Gary? You explain that to me. You fail to want to believe the numbers Kathleen furnished you. They do not add up to you. I do not understand what does not add up. Gary Slutzky – There is $500 a month some months for gasoline. We cannot possibly go through that. Maybe the Village Highway Department is on the same account. (For the record, the most recent financial information provided to Gary Slutzky was for the period June 2012 through May of 2015. The Fire Company averaged $217 per month for gasoline for that three-year period.)

Mayor Maley – This discussion is over. Privilege of the floor for anything other than the fire company.

New Business:

Greene County Board of Elections – 2016 Elections – Poll Site Agreement – dated February 18, 2016. Mayor Maley – No action needed.

NYS DEC – POTW Facility Design, Planning and Flow Management – Annual Certification Form – SPDES Permit – dated February 24, 2016. Mayor Maley – No action needed.

Central Hudson Gas & Electric Lighting Authority Order – Mayor Maley said I fully believe that it is in the best interest of everybody that we have efficient lighting. We will fill out the form after we do the resolution. See Resolution 2016-012.

Refuse Day – Pending the okay from Greene County Solid Waste, Refuse day will be May 17, 2016. Refuse to be placed at the curb between May 14, 2016 and 5PM, May 16, 2016. We do not need a resolution. Have Donna Endy put notice on our website. Rates and limits will be the same as last year adding a fee of $7.50 per mattress with a limit of four.

Notice of Unemployment Insurance Rate increase from 2.4% to 4.1%.

Fyodorov Application for Village Water and Sewer – Paul Slutzky – Two Parcels. They have been before the planning board for a lot line adjustment to move the center line that was between the two, to swing it 90 degrees. It remains two parcels but it would enable them to put a house on each parcel. That would allow each parcel to have a driveway that would enter Dolans Lane. Mayor Maley – I met with the Sewer department and there are stubs for both of these lots. Paul Slutzky – The lot line adjustments will make the two lots about equal in size. Mayor Maley – The only issue I want to bring up is that there is only one water service that is listed on the line and the service for the water is across 23A. There is a water service mark on the as-builts from the sewer project that show it within that 44-foot lot. That would be the one that is on the corner of Dolans lane. Obviously there probably is and this is a legal question, the ability to get water from Dolans, digging up the road. I am not sure exactly where. I am thinking on the side of the Stanfield house. So you have to cut the road and put that across. I do not like anybody buying something and they come to the planning board, doing the right thing, reviewing it and doing the lot line adjustment and what not but the issue for the water and that is what is in front of us now which is why we are talking about this. The issue is that if we approve them for water, they may expect to get it easily, cheaply. Larry, I do not want to say yes we are going to give them water and then tell them its going to be $20,000 thousand to do a boring under 23A to pick-up the water service which is on the other side. If they come in from not knowing what the lot line adjustment is and how the configuration of that goes, it probably could be in the form of a utility easement to allow the one property to service the other in case they want to sell them at a future date. Paul Slutzky – In their approval for a lot line adjustment, it had multiple contingencies. One of those contingencies was whatever the issues were in securing access to existing sewer/water and hook-ups. It was verbally discussed, and it is in the minutes, their issues of the Village hooking in at their cost. If there are no stubs, then they would have to apply to the Village to be able to tap whatever is the nearest main and that is going to be at the owner’s cost. Mayor Maley – Which is why I am bringing this up. We do not want a property being brought and the property owner thinking there is sewer and water on Main Street and all of sudden they realize the only water is across the street. Paul Slutzky – We made them aware of that. Trustee Tancredi – Isn’t there a line that comes across there from the south side to Dolans Lane? Mayor Maley – Yes. Trustee Higgins – Yes and it goes up Dolan. Paul Slutzky – Both lots actually front Dolans. Trustee Higgins – There will be one corner lot and one between Doris and the corner lot. Which is the better way to do it for utility access. Harold Goldberg – We made these issues very clear to the owners. Trustee Higgins – When do they plan on doing the lot line adjustment or is it already into play? Paul Slutzky – They have done their lot line adjustment. They received their approval. All they did was pivot the exiting dividing line between the two lots by 90 degrees. Alan Higgins – And maybe an adjustment to make the square footage somewhat more equal. Paul Slutzky – Yes. Trustee Higgins – That is great. So that is already happening or happened. Paul Slutzky – It has not been filed because what happens next is, they got their approval, then their engineer has to submit the final plat for signatures that would be filed. We have the new deed descriptions from their surveyor. Again, the approval of their lot line adjustment under the Village subdivision law is contingent on, I think, five contingencies. Obviously sewer and water being one. Another being approval by the Village Highway Superintendent that they be able to access the lots from Dolans. I think it is a safer ingress/egress instead of going out onto Main Street. Trustee Higgins – So can we approve it and condition it on either using existing Main Street stub or only to be tied in on Dolans Lane. Mayor Maley – I think we can give the conditional approvals predicated on them giving us a check for $1,500 for each lot because that is what our law requires. Paul Slutzky – The only reason that was not in their approval was we were not sure what the fee was. It does not say on the application. Trustee Higgins – The fee needs to be added to the application. Mayor Maley – The water only has a $1,500 application fee but it is predicated on the actual cost. So if the cost is less than $1,500, they get a refund. If it is more than $1,500, they pay the additional cost. Our sewer ordinance does not require a deposit but it is the same thing. The cost gets passed on to the property owner if we have anything to do. In this case, there will be a saddle required because you are going to come off of Dolans for the one lot and the lot that has 23A as its front, there are two stubs there, one for 44-foot lot and one for the 70-foot lot. So they can just use one of those and then they will have to do a trench and a connection to the sewer that is up Dolans, none of which is a problem. So, I would recommend that we make a motion to conditionally approve this predicated on them getting their lot line approval and their understanding that the costs are actual for doing it. In coming off of Dolans there is much less cost. When this board approves something, I want to make sure that the applicant actually understands the requirements. See Resolutions 2016 – 013 and 2016 – 014. Alan Higgins – Is the Main Street lot subject to architectural review and has that review been done? Are we going to look at the side of the house or the front of the house? Paul Slutzky – They are going to do one house first. Trustee Higgins – I was just hoping we would be looking at the front of the house from Main Street instead of the side. Paul Slutzky – On their survey maps for the proposed lot line adjustment they laid out the foot print of both proposed houses and they both are parallel to Main Street. We are talking about single family residences. They are modulars not trailers. Trustee Higgins – They are aware the electric meter there is ours? Paul Slutzky – Yes. We also made them aware that there is a possibility that the lot closest to the road could per partially in the 100-year flood plain and that they would have to check with the Building Inspector to make sure what elevation level would be required. Further discussion followed.

Zygmunt Application for Village Sewer – Mayor Maley – As long as the sewer is available in front of the property, I see no reason not to approve it. No fee is required under our sewer use law, which we should modify. The actual cost of the connection is born by the property owner. See Resolution 2016 – 15.

Ma-Ma’s Pizza Parlor – Mayor Maley – Alan Higgins is moving Ma-Ma’s Pizza Parlor to the former Numero Uno. There is requirement to notify the Village Board that he will be applying for an on-premises beer and wine license. There is no vote or resolution needed.

Correspondence:

Correspondence:

1. NYC Environmental Protection – Letter dated February 17, 2016 – Facility Compliance Inspection
2. Greene County Schoharie Watershed Program – Letter dated February 19, 2016 – Invitation to April 2, 2016 10th Annual Schoharie Watershed Summit
3. Catskill Watershed Corporation – Letter dated March 2, 2016 – Invitation to April 5, 2016 Annual Meeting
4. Greene County Treasurer Tax Department – Letter dated March 10, 2016 – Petition and Notice of Foreclosure along with Tax Enforcement Letters – There are a few properties in the Village that are up for tax foreclosure. They could be redeemed if paid prior to June 10, 2016.
5. E-mail from Doria McGunnigle regarding Kerri Kasem appearing at Villa Vosilla to raise awareness of elder abuse.

Resolutions:

Resolution 2016 – 011
Motion made by Trustee Michael Tancredi; Seconded by Trustee Alan Higgins

RESOLVED that The Village of Hunter Board of Trustees approve the annexation of Mountaintrail at Hunter, LLC, Tax Map No. 164.00-04-21.11, Trailside Inroads, LLC (Hunter Highlands Drive) and The Village of Hunter, Tax Map No. 164.00-4-10 from the Town of Hunter into 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 – 012
Authorization of Mayor to Sign Blanket LED Street Lighting Authority Order

Motion made by Trustee Michael Tancredi; Seconded by Trustee Alan Higgins

RESOLVED that The Village of Hunter Board of Trustees authorizes Mayor William Maley to sign Blanket LED Street Lighting Authority Order giving Central Hudson Gas & Electric Corporation authority to replace all Rate A street lights which fail with an LED equivalent fixture.

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 – 013
Conditional Approval of Water and Sewer Service Application – Fyodorov

Motion made by Trustee Michael Tancredi; Seconded by Trustee Alan Higgins

RESOLVED that the Village of Hunter Board of Trustees conditionally approves the water and sewer application submitted on February 29, 2016 by applicants, Yury and Elvira Fyodorov, 8021 Main Street, Hunter, New York for property identified as Tax Map No. 164.10-1-31.1 which is in the Village of Hunter at the corner of Dolans Lane and Main Street, predicated on the applicants obtaining their lot line approval and their understanding that the costs are actual. This conditional approval is contingent upon the receipt of $1,500 as a deposit for the water portion of the application.

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 – 014
Conditional Approval of Water and Sewer Service Application – Fyodorov

Motion made by Trustee Michael Tancredi; Seconded by Trustee Alan Higgins

RESOLVED that the Village of Hunter Board of Trustees conditionally approves the water and sewer application submitted on February 29, 2016 by applicants, Yury and Elvira Fyodorov, 8021 Main Street, Hunter, New York for property identified as Tax Map No. 164.10-1-31.2 which is in the Village of Hunter at the corner of Dolans Lane and Main Street, predicated on the applicants obtaining their lot line approval and their understanding that the costs are actual. This conditional approval is contingent upon the receipt of $1,500 as a deposit for the water portion of the application.

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 – 015
Approval of Sewer Service Application – Zygmunt

Motion made by Trustee Michael Tancredi; Seconded by Trustee Alan Higgins

RESOLVED that the Village of Hunter Board of Trustees approves the sewer application submitted on March 10, 2016 by applicant, Adam Zygmunt, 30 Peak Street, Stamford, Connecticut for property identified as Tax Map No. 148.18-2-11 which is in the Village of Hunter at 18 Linda Lane, with the understanding that the actual cost of the connection is paid by the property owner

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 – 016
(Amending Resolution 2016-005)
Appointment of Village Election Inspectors

Motion made by Trustee Michael Tancredi; Seconded by Trustee Alan Higgins

RESOLVED that The Village of Hunter Board of Trustees appoints Susan Holcomb as Village Election Inspector Chairperson at the rate of $120 per day, appoints Christine Kohler as Village Election Inspector at the rate of $110 per day and if needed, Mary O’Connor as Alternate Village Election Inspector at the rate of $110 per day for the Village Election to be held on Tuesday, March 15, 2016 between the hours of 12:00Noon and 9:00PM at The Hunter Village Hall.

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.

Financial Reports:

1. Monthly Trash Bag Reconciliation
2. Bank Reconciliations
   • General Fund
   • Sewer Operating Account
   • Water Operating Account

The above reconciliations were reviewed.

Bills:

Account Voucher Abstract

General Fund V-407 to V-449 10
Sewer Operating G-180 to G-209 G-10
Water Operating F-125 to F-139 F-10
Water Supply Capital Project HF-11 HF-10

The above vouchers were audited and ordered paid.

A motion was made at 9:15PM to go into Executive Session by Trustee Michael Tancredi, Seconded by Trustee Alan Higgins.

Attorney Gardner provided the language for the following resolution:

Resolution 2016 – 017
Medical/Dental Insurance Benefits

Motion made by Trustee Michael Tancredi; Seconded by Trustee Alan Higgins

RESOLVED that The Village of Hunter Board of Trustees adopts a policy effective immediately that NO employee, whether current or future, not on this date receiving a family health insurance plan, shall hereafter be eligible to receive a family plan at The Village of Hunter expense.

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.

A motion was made to adjourn the meeting by Trustee Michael Tancredi, seconded by Trustee Alan Higgins.

Respectfully submitted by:
_____________________
Kathleen M. Hilbert
Clerk/Treasurer