The Village Board of Trustees met on Wednesday, April 17 at 7pm. Trustee Josh Scherer joined the meeting via Zoom.
Mayors Comments:
Mayor Citrin reported that he and Village Clerk Elizabeth Doherty had recently met with the Orange County Board of Elections and everything is on track for the Village’s June 18 election. The election, which will fill two Trustee seats, will be run by the Board of Elections and all that remains for the Village to do is to decide what they would like the polling hours to be.
With regard to cell service, Verizon has reached out to the Village and are very interested in helping to improve cell service in the community. To this end they will visit the Park on Friday, April 19 to conduct a number of surveys, some of which will include the use of drones, in order to determine the best options for proposal. Whether it’s a tree tower or mini-cells or hot spots or a a combination of all the above, if the Village chooses to work with them, equipment and installation will be free of cost. Following their visit, they will put together a formal proposal, which will be shared publicly.
The recent earthquake caused a small leak in the Pond #3 dam, which separates Pond #3 from Wee Wah Lake. The Mayor has instructed John Ledwith to reach out to reach out to the insurance company with the intent of filing a claim as well as the Village Engineers for the purpose of evaluating its stability.
The Village had been working to move forward with the Community Choice Aggregation program, which will allow residents the ability to obtain their electricity through renewable energy. Power will continue to come through Orange and Rockland, but residents who do not wish to go with renewable energy sources will have to “opt out” of the program. The Mayor and Deputy Mayor will be meeting with the Orange County aggregator for the program at which time they hope to receive pricing from various suppliers.
The public hearing for the 2024/2025 budget will take place on Thursday April 18 at 6pm. The Mayor thanked both Trustee Shaw and the Deputy Mayor for all of the hard work they have put in to pull the budget together. A copy of the proposed budget can be found on the Village website. No tax increase has been proposed.
Opening Comments: Trustee Comments – Trustee Scherer commented that he had been a Trustee through two different administrations and he has found both former Mayor McFadden and Mayor Citrin to be highly effective in their own ways. One thing that he has noticed throughout both administrations is that the Mayor is continuously accused of / assumed to have committed nefarious acts such as backroom dealings and middle-of-the-night decisions, but none of these things have ever happened nor has he seen any evidence of this kind of behavior. Regardless, he continues to see these types of accusations coming from some residents, as recently as that very day. “There is an underlying assumption that something bad is happening…that someone is acting illegally or just generally pursuing their own interests over their fiduciary duties. I am very comfortable saying that I haven’t seen any evidence of that in either administration or with any of the Trustees. Since becoming a Trustee, I have been impressed by the level of care and duty that each individual has had with respect to their fiduciary duties. I would request that when you send in an email….your voice will be heard…it should be heard….it deserves to be heard….but please don’t assume that people are acting in bad faith or not acting in their fiduciary duties. I’ve never seen any evidence of it and unless people are exceptionally good at hiding it…it’s just not happening. We’ve had a very divided community over the last couple of years. It’s very unfortunate. I would ask that everyone tone it down a little bit and assume that people are acting in good faith. We may have different objectives and we will disagree but don’t assume the worst in individuals.”
Village Clerk Elizabeth Doherty agreed, commenting “Everybody works very hard. They put so much into this job and to be criticized liberally is so unfair.”
Deputy Mayor Lindsay reported that the Climate Smart Task Force was planning a community campaign to promote community solar, electric vehicles and clean energy heating & cooling. A webinar will take place on May 1 at 5:30, the details of which will be shared via the Village website, and then on May 11, Climate Smart Task Forces from the Village and the Town will come together to promote an in-person presentation of vendors at the Train Station from 9:30am-12pm. There will be more information forthcoming. With regard to Hamlet Revitalization, the Deputy Mayor reported that a contract has been awarded to the engineering firm of Creighton Manning from the planning of revitalization between East Village Road and Contractor’s Row. They are currently busy at work on their first round of drawings. It is expected that the first workshop seeking input from the public will take place in mid-May. Once this has taken place, feedback will be used to develop a revised plan which will be used to apply for New York Forward grants, with the Town hoping to receive a 4.5 million dollar grant through that program in addition to other possible grants.
Neither Trustees Shaw or Brooke had any comments. Public Comments – Michael Sheridan, an attorney representing Village resident Sofia Delanner, stated that he was present to comment on the discussion of the possible readoption of Chapter 49 (fences) of the Village Code. His client opposes the readoption of chapter 49 and any moratorium associated with the review of that adoption. “Ms. Delanner as well as any other citizen of the Village must be able to reasonably rely on what is written in the code when determining how and if to proceed with projects on their property.” He went on to explain that Ms. Delanner had relied on what is written in the code when proceeding with her project to put a fence on her property. She relied on the fact that the Village code provides that Chapter 49 has sunset and is no longer applicable in connection with fences in the Village. To the extent that the Board does consider review and adoption of Chapter 49, it is requested that any application made prior to such adoption (such as Ms. Delanner’s) be grandfathered in under the current building code and also that any application filed prior to this evening’s meeting should not be subjected to any moratorium. Further he noted that it appeared that the Board’s review of Chapter 49 was the direct result of the efforts of one of Ms. Delnnaer’s neighbors…Claudio Guazzoni…and his attorney John Sarcone in an effort to prevent Ms. Delanner from installing her proposed fence. In addition to opposing the installation of the proposed fence, Mr. Guazzoni is currently suing Ms. Delanner in an effort to take some of her property away…and that property was supposed to be blocked by the proposed fence. Before ending his remarks, he reiterated this request that should the Board move forward with adopting Chapter 49, Ms. Delanner’s project be grandfathered in.
Mayor Citrin responded that there would not be imposing a moratorium that evening as they had been advised by Village Counsel that there is a process of approval by the Orange County Planning Department and before they can proceed with voting on a moratorium, a resolution will need to be drafted and submitted to the County for review.
Representing Blue Summit Holdings, Attorney John Sarcone noted that he had submitted a letter to the Board which identified several key points. The first is the question of whether or not Chapter 49 has actually sunsetted. He believes that it has not. He further suggested that once the Village Counsel had completed the necessary research, they might well come back with the same conclusion and if they did, there would be no need to re-adopt anything. “At this point,” he stated, “we’re not sure if anything can be Grandfathered because we’re not sure if the law is in existence or not.” Secondly, he stated that it had been revealed to his client that Trustee Shaw had engaged in inappropriate communications with BAR Chair Ryan Lynch. “Two nights ago, there was a meeting. You suddenly appeared in the middle of the meeting and you had never appeared at a BAR meeting before. Text messages, we believe, were going back and forth and then it was also revealed that you have a vacant piece of property that has a perimeter fence on it which was put there without proper approvals.” He concluded that Trustee Shaw should recuse herself from any deliberation on this topic as this would become an issue if she did not. Lastly, he noted that they had also submitted historic deeds, dating back over 150 years which clearly show that the founders of the Village did not want perimeter fences.
Trustee Shaw was given an opportunity to respond, but she indicated that she did not want to.
Chiu Yin Hempel announced that on Monday, April 22, from 1-2pm, the Village would be celebrating Arbor Day and Earth Day by planting four native trees between Route 17 and the entrance to the Village to replace to four dead trees that are currently there. 25 students and their teachers from George Grant Elementary will assist with the planting. The Town DPW will assist with removing the dead trees. All residents from both the Town and Village have been invited to attend the event, where refreshments will be provided courtesy of Peter and Barbara Regna. Town Supervisor Dave McMillen, along with Deputy Supervisor Rick Marsh, and Councilpersons Chris Kasker and Deirdre Murphy will attend together with the Town Clerk and Highway Superintendent. The Tuxedo Park Fire Department is sending a truck to assist with watering the new trees and the Ambulance Corps will also be on hand to enjoy the celebration and help out if needed. This is the first time that the Village and the Town have come together to celebrate a worthy environmental cause. Mayor Citrin and Deputy Mayor Lindsay will also be attending and it is hoped that the other three Village Trustees will be able to attend as well. Additionally, Mrs. Hempel noted that the Village Tree Advisory Board was assisting the Town with their application to become a member of Tree City USA.
Ryan Lynch stated that with regard to the suggestion that he had been text messaging with Trustee Shaw during Monday evening’s BAR meeting, that he invited interested individuals to review the video of the meeting. “My phone didn’t leave my pocket,” he commented “and I’m happy to submit my phone records from that period if anyone is curious.” Moving on, he read into the record a letter he submitted to the Trustees and also read aloud at the April 15 BAR meeting as follows: “The Mayor has made a second attempt to remove me as BAR Chairman. He has falsified documents to show my 5 year term ending in 2026 (vs. 2028) and “instructed attorneys to do no further work on the issue of BAR terms.” This has been an ongoing issue, first raised at the reorganization meeting, then subsequent BOT meetings. It began with Molly Gonzalez and Stefanie Rinza’s appointments being switched. Now he is attempting to remove 2 years from my 5 year term by altering official documents a second time, unilaterally changing the BOT vote without their consent. BAR appointments have been added as an agenda item for this Wednesday’s BOT meeting. As Chairman, my correspondence to legal asking why their own documents have suddenly changed have gone unanswered because the Mayor is attempting to pull a fast one behind closed doors. Luckily, at the November 6th BAR meeting I requested a memo from legal clarifying appointments. Their cote,trrespondence correctly lists my 5 year term ending 2028. What has changed? 2023 plus 5 years equal 2028 not 2026. On February 8, 2024 Trustee Shaw indicated that the vote appointed Molly Gonzalez to the seat expiring 2027 and Stefanie Rinza 2024. The previous Mayor has also communicated this to Mayor Citrin via email. In the interest of actual transparency, I have provided TPFYI with all correspondence, including the attorneys November 17th email clarifying my term ending 2028 and that the Mayor has no authority to change the configuration of the BAR. Should any resident wish, please email me and I am happy to provide all documents for your review. In the interest of an open and transparent government, I request the BOT to post documents on the town website for public review I would like to take a moment to remind everyone, that these are volunteer positions that dedicated members of this community give countless hours of their time to solely for the betterment of Tuxedo Park. It is egregious that they continue to be harassed. The Mayor’s continued inappropriate behavior is an unacceptable abuse of his public office. It is a clear retaliation against those unwilling to bend the rules for sycophants. Cards on the table Mr. Mayor, stop harassing volunteers behind closed doors and focus on leadership and our shared community. Let’s drop the drama and get on with leading.”
In response, Mayor Citrin stated “ You are essentially accusing me of committing a crime. You are saying that I falsified and altered official documents and I would ask you Sir, could you please provide some evidence or some proof of the same at this time.”
“Certainly, it’s all posted to TPFYI,” replied Mr. Lynch. “You have it in front of you.”
“The Chief of Police is here and I am sure he would be very interested in hearing any evidence or proof that you may have that I as Mayor have committed a criminal act. Feel free to tell us what it is that I did that you believe is a falsification or altering of official documents,” stated the Mayor.
“Yes…the number 26 is not the number 28,” responded Mr. Lynch. “You sent over an email. It is directly in front of you and available for people to review….highlighted. Very simple.”
“I don’t understand a word that you just said,” retorted Mayor Citrin. “What are you talking about?”
“Sir, I’m not going to argue with you,” responded Mr. Lynch. “It’s in black and white. It has been submitted to this Board and is publicly available for anyone’s review.”
“You’re talking in circles,” suggested the Mayor.
“No Sir, I’m not but I’m not going to argue with you.”
“That’s fine…you hide behind that Zoom screen Sir, but at some point….”
“I’m sure you’ll say that to the next person on Zoom as well,” interrupted Mr. Lynch. “Remain professional! Have a good evening.”
“At some point Sir,” the Mayor continued, “You will have to justify your words.”
“I’m happy to,” stated Mr. Lynch.
Mayor Citrin noted that the attorney would be present shortly and once he had joined the call, BAR appointments would be discussed.
Claudio Guazzoni read the following into the record with regard to the Village speed limit: “Reflecting on my tenure as Deputy Mayor nearly a decade ago, I recall the growing concern surrounding speeding in our community. Despite my efforts to implement a local law to lower the speed limit from 30 to 25 across the Village. I encountered challenges…mainly with the Mayor at the time, which pressed great reservations. None the less, we reached a compromise by adding the phrase ‘strictly enforced’ to the incoming speed limit signs at our two gates. I vividly remember that day that Jeff Voss and I affixed those words to the signs hopeful that they would serve as deterrent to potential speeders. Our commitment to safety stems from a deep rooted appreciation for the essence of Tuxedo Park. A place my family embraced in 1997 for its ethos of the slow life. Slow food, dark sky, early nights and importantly slow driving. Tuxedo Park has always been a haven where residents can enjoy the tranquility of nature, strolling around our picturesque lakes without fear of traffic. The Covid 19 hit and hit us hard and 100 new families moved into the Park of 300 homes. Mostly great families and wonderful additions to our community but for a few that brought with them the curious Long Island habits of late model, high powered German cars and a peculiar requirement to speed with them. They quickly understood that 30mph really meant 35. In addition to a fondness for speeding, there seems to be an aversion to doing one’s own landscaping. Landscapers and pickup trucks trolling ever large trailers zoom from jobsite to jobsite with complete disregard to the double yellow line let alone lake walkers. At the end of a very long day, and I don’t blame them, very little will keep them rushing home in anticipation of a tall cold one. In the near past I remember a dog getting killed by a landscapers’ pickup truck, swinging his trailer around a curve. I still remember the feeling of sadness and thinking it could have been a child, maybe even one of my own children. As a lake walker, I have been chased off the road multiple times by cars speeding on their way to Route 17. Relax guys, what’s the rush? It’s not that great out there. I walk around the three lakes, my wife jogs and my two young sons run and bike. Personally, I have experienced the dangers first hand, having been forced off the road by speeding vehicles. It is disheartening to witness a heightened risk faced by joggers especially during week days. I am especially concerned for the safety of my wife and young sons who regularly enjoy outdoor activities, biking and jogging around our lakes. At the end of the day, whether it takes four minutes to get out of the main gate or five really makes little difference and it might save the life of a dog or that of a child. In light of these pressing issues, I implore the Board of Trustees to consider enacting a local law amending the speed limit from 30 to 25 in Tuxedo Park. Time is of the essence and I fear that without prompt action another tragedy may be inevitable. I extend my sincere gratitude to the Board for carefully considering my prospective on this matter. Your swift action could potentially save lives and preserve the essence of our cherished community.”
Sean Madden applauded Trustee Scherer’s comments, stating that he whole heartedly agreed with what had been said. Pointing to the exchange that had just occurred between Mayor Citrin and BAR Chair Ryan Lynch he further commented “I believe transparency can go a long way to solving some of these issues. It’s not just the right thing to do but, invariably when you have an information void speculation and conspiracy theories can fill it.” He went on to say “On March 21 the Village attorney sent a summary email to the Village Board and to Mr. Lynch declaring that his term expired in 2026, which is contrary to everything that had been known previously. That was a month ago and in the void of information there are some real questions, particularly given the history here in terms of what happened in October with the Mayor’s purported attempts to remove Mr. Lynch as Chair of the BAR without having the legal authority to do so. At that October meeting, I exhorted this Board to discuss those matters in public session and not in executive session. That never happened. We never got a public accounting. Instead, the Board convened into an executive session to discuss ‘the BAR and legal matters.’ That was a clear violation of the Open Meetings Law and it allowed the information void to persist. I would urge you tomorrow morning to file the report that the Village attorney clearly provided to you, which backed up his conclusion regarding Mr. Lynch’s term not expiring in 2028 but now in 2026. To inform him with no explanation is just not the right way to go about business….and of course he’s responded the way that he has given the history of what happened in October. If you’re not going to make public the full report of the Village attorney that concluded how they found these new terms despite what is publicly known….then I think the Board owes the public an explanation as to why they are not going to publish that information. I applaud the fact that it is on the agenda and that the attorney who did the work is going to discuss it, but I think the public has a right to look at all the facts in their entirety and in context under the circumstances and given the importance of the issues at stake.” Moving on to the issue of confidentiality as it pertains to executive session he stated “There has long been a myth perpetuated that Trustees have a duty of confidentiality regarding anything discussed in executive session. That is patently false. It is a matter I took up with the Committee on Open Government in 2017 and they’ve been very clear over the years that unless there’s a specific, statutory prohibition for a Trustee or a matter of any Public Board to discuss a matter, then they are free to discuss anything that is discussed in executive session…and I would urge individual Trustees…to the extent you think there are matters of public interest being discussed in executive session, that should be discussed in public…you should make those public. After all, the vast majority of things that are discussed in executive session are permissive in nature… meaning that they can be (and in most cases should be) discussed publicly.”
Reports:
Click here to view the Police Report
Click here to view the DPW Report
Click here to view the Building Department Report
Old Business: Resolution to Allow Non-Food Deliveries on Sunday – Following some discussion, the Board voted 3-2 in favor of allowing non-food deliveries on Sundays with Trustee Shaw and Deputy Mayor Lindsay voting against. Update on Community Choice Aggregation – As this was referenced during the Mayor’s initial comments, it was not discussed at length again. Renewal of CDPHP (dental plan) MWG (Vision Plan) and MVP (health insurance) – There are not proposed changes to either the detail or Vision plans. A small change to the health insurance which will allow dependents of insured Village employees to remain on their health insurance plan until the age of 30. The cost of this will be $18,861.75 per month as opposed to $18,769.80. The Board voted unanimously in favor of the renewals as proposed.
New Business: JoAnn Hansen Resignation from Planning Board – The Board voted unanimously in favor of accepting the resignation of JoAnn Hansen from the Planning Board. Ms. Hansen has been serving as that Board’s Chairwoman for several years and both the Mayor and Deputy Mayor thanked her for her all of her time and effort. Jay Reichgott Appointment as Planning Board Chair – The Board voted unanimously in favor of appointing Jay Reichgott to the position of Planning Board Chair. Capital Planning Committee (CPC); JoAnn Hansen Appointment as Chair with Deputy Mayor Michele Lindsay, Trustee Scherer, Tom Bermingham and Gardiner Hempel as members of the Committee – The Board voted unanimously in favor of establishing the Capital Planning Committee and appointing JoAnn Hansen as it’s Chair, along with fellow committee members Deputy Mayor Lindsay, Trustee Scherer, Tom Bermingham and Gardiner Hempel. The deputy Mayor reported that the committee’s first meeting will take place on Sunday, May 5. 2024 Arbor Day – Mayor Citrin read the following proclamation into the record: Whereas, In 1872, J. Sterling Morton proposed to the Nebraska Board of Agriculture that a special day be set aside for planting of trees, and Whereas, The holiday, called Arbor Day, was first observed with the planning of more than a million trees in Nebraska, and Whereas, Arbor Day is now observed throughout the nation and the entire world, and Whereas, Trees can reduce the erosion of our precious topsoil by wind and water, lower heating and cooling costs, moderate the temperature, clean the air, produce oxygen and provide habitat for wildlife, and Whereas, Trees are a renewable resource giving us paper, wood for our homes, fuel for our fires and countless other wood products, and Whereas, Trees in our Village increase property values, enhance the economic vitality of business areas, and beautify our community, and Whereas, Trees, wherever they are planted, are a source of joy and spiritual renewal, I, Marc D. Citrin, Mayor of the Village of Tuxedo Park, do hereby proclaim Friday, April 26, 2024 to be Arbor Day The Village of Tuxedo Park, New York, and I urge all citizens to acknowledge Arbor Day at a Municipal Celebration and Tree Planting Ceremony on April 26th and to support efforts to protect our trees and woodlands, and Further, I urge all citizens to plant and care for trees to gladden the heart and promote the well-being of this and future generations, dated this seventeenth day of April 2024. Mayor’s Monarch Butterfly Pledge – Mayors and other heads of local and tribal governments are taking action to help save the Monarch Butterfly. An iconic species, who’s eastern populations have declined by 90% and western populations by 99% in recent years. Through the National Wildlife Federation, Mayor’s Monarch Pledge in US cities, municipalities and other communities are committing to make habitat for the monarch butterfly and pollinators and to educate residents about how they can make a difference at home in their community. The Board voted unanimously in favor of authorizing Mayor Citrin to sign the Mayor’s Monarch Butterfly pledge. Deputy Mayor Lindsay added that May 4 is “Love My Park Day” and at the Tuxedo Pollinator Meadow, which is part of Sterling Forest, there will be a planting of native, pollinating plants in the meadow from 9:30am-12pm. Everyone is encouraged to join in. Update on Bald Eagles – Mayor Citrin noted that Bald Eagles are nesting once again on Eagle Mountain. He reminded residents to respect all New York State recommendations as it pertains to them. Discussion of re-adoption of Chapter 49 (fences) of the Village Code – Newly appointed Planning Board Chair Jay Reichgott provided the Board with a historical presentation in an effort to help them better understand Chapter 49. Just before the presentation began, Mayor Citrin noted for the record that attorneys for the BOT and BZA had conducted research into whether or not Chapter 49 had sunset and they both came the conclusion separately that it had.
Click here to view Mr. Reichgott’s presentation.
Following the presentation, the Mayor reiterated that the moratorium discussion was off the table for the time being. He then opened the discussion for Trustee feedback.
Trustee Scherer commented that he was against perimeter fencing adding “I don’t think we want to become the Hamptons.” He believes readoption is a good idea.
The Deputy Mayor agreed, further noting that they would need to work to determine the allowable height for the various types of fencing. The idea of establishing standards based on height and setback was discussed as were permissible materials. Trustee Brooke suggested that the Planning Board and the BAR should be given the ability to liberally grant variances. Mayor Citrin added that he felt both Boards should be asked for their general feedback. On the issue of grandfathering and what would and would be appropriate with respect to current applications, he stated that this would be left up to the attorneys. Ultimately it was determined that the Board would consult with the Village attorney to create a draft reflective of their concerns with regard to perimeter fences and would reconvene after consulting with all interest parties. Resolution on 90-Day Moratorium for Construction of Perimeter Fences – This was tabled. Resolution to Provide Refunds to Town Sewer Customers – There are a handful of residents who live in the Village but get their water from the Town. Recently it was discovered that these residents have been paying for Village water service, even though they do not receive it, and now the Village will be refunding them those expenses. The Board voted unanimously in favor of moving ahead with the refunds. Approval of Landscaper Licensing Application Form – The Board voted 4-1 in favor of approving the proposed landscaping licensing application form and authorizing the Mayor to distribute it to the Police gate, where it will be circulated to landscapers. There will not be a fee associated with the application at this time and the licenses will be good through the end of the year. Trustee Shaw noted that she was voting no because she was opposed to the landscaper licensing law and not because she opposed the form. Click here to view a copy of the application. Discussion of Fireworks Displays – Issues were raised following a fireworks presentation at the Tuxedo Club earlier this year about the effects of heavy metals and phosphorous from the exploding fireworks that fall into the lake and the overall environmental impact this might have. The Lakes manager has advised that this something that is currently being studied. The Mayor suggested that given the fact that the club now offers celebrants the option of fireworks displays in combination with the fact that they are also looking to have two displays each summer (one for July 4 and the other at Labor Day) in combination with the number of illegal displays that tend to occur that perhaps the Board should consider whether or not they want to allow fireworks over the lake outside of the 4th of July.
Trustee Scherer commented that he did feel there was likely some level of contamination and he does think it would be worth limiting the amount of fireworks being set off around the lake.
Ultimately It was agreed that the Board would further explore the reasoning for the Clubs proposed Labor Day display and continue the discussion next month. Wee Wah Fishing Club Stocking Request – The Board voted unanimously in favor of approving the Fishing Club’s request to stock Wee Wah lake. Shed Media Filming in Tuxedo Park – Shed Media is looking to film an episode of the show Housewives of New York at a home on Lookout Stable Road. Following some discussion, the Board voted unanimously in favor of allowing it with the caveat that a fee would be charged for the Police escort that would be required during all filming activity. Discussion of May 11 Community Campaign – As referenced earlier in the meeting, this event will take place at the Train Station on May 11 and all residents are encouraged to attend. Election Polling Hours – Although the Board of Elections has requested the Village consider changing the polling hours from 8am-8pm, the Board voted unanimously in favor of retaining the hours of 7am-9pm. Discussion of Board of Architectural Review Member Terms – Based on an inquiry that was made with regard to seats and terms on the BAR, Village attorneys did some significant research utilizing minutes dating back as far as 2003 in order to determine who is sitting in which seats. With respect to Mr. Lynch’s seat, the following has been determined: Mr. Lynch was appointed to the Bar on June 26, 2023. The minutes from that meeting identify the position as an open seat TBD, which makes sense as the only position he could be appointed to would have been one that was open. The Village’s official Year begins in July, so this appointment could not have been for the term that began following the first Monday in July (7/3/23) because the seat did not become available until then. Had he been appointed to the seat that opened in July, his term would have run from 2023-2028, but instead he was appointed to the seat that was open in June…a term which technically ended in 2023 and he was not appointed again, which means that the term he is currently filling is a hold-over. In trying to determine which open seat was in play in June of 2023 (the date Mr. Lynch was appointed) the research indicated that the current make-up of the BAR at that time, with terms, was as follows: Molly Gonzalez, who’s term is due to end in July of 2024 (she was appointed in January of 2023 to fill an open seat held previously by Josh Aaron), Christopher Gow serves for a term that ends in July of 2025 (He was appointed in September of 2020 for a full term), Sheila Tralins, who was then serving as a hold-over for a term that would have ended in July of 2026 (Sheila was appointed in October of 2016 to fill a term that ended in July of 2021. After 2021 she served as a hold-over until such time as a replacement was appointed and this is noted in Reorg minutes from 2021 and 2022), Stephanie Rinza, who was appointed on January 18 2023 to fill a seat which had been vacated by Christopher Boshears and who’s term will end in July of 2027 and lastly Rob McQuilken, who is currently serving as a hold-over for a term that will end in July of 2028. (He was appointed on December 18, 2019 to fill a seat previously occupied by Christian Brunner, which would have expired in July of 2023). Therefore, the only open seat that was available at the time that Mr. Lynch was appointed would have been the hold-over position that was held by Sheila Tralins at that time. The other four seats were filled and the BOT would not have been able to appoint anybody to them for that reason. Based on this, the conclusion is that Mr. Lynch’s term will expire in 2026 as the only open seat he could have possibly been appointed to at in June of 2023 expires at that time.
Following some discussion, the Board considered whether or not they wanted to publicly release the report. It was agreed that with some minor redactions the document could be released. The Board voted unanimously in favor of releasing it.
Closing Comments: Public Comments – With regard to protecting pollinators, Jay Reichgott cautioned that one very real way people could go about doing this would be to stop spraying their lawns for mosquitos and ticks. “There’s no insecticide that can pick which bugs it kills…and even the organic ones are not good. If you are worried about mosquitos, buy a bottle of deet and smear it on yourselves…stop spraying stuff all over!”
Lili Neuhauser commented that if they were going to invest time on the fence issue, she was hopeful that they would also consider another deer culling program as the previous one had been successful and made a huge difference. Secondly, she noted that there had been a rather large fireworks display at some point over the winter, which had gone on for almost 30 minutes in duration. She asked that if there were going to be unexpected fireworks of this nature that the Village inform residents beforehand it would be very much appreciated. “People have animals who are really frightened by this,” she added.
The Mayor responded that he would have to take responsibility for this. The event that Mrs. Neuhauser was referencing was a private display at the Club which was approved by the Board in February. The event took place in early March and the Mayor was supposed to provide the community with notice 24 hours before it occurred, but he forgot to do it.
John Sarcone implored the Board to pass a resolution that evening readopting the current fence law without the sunset clause, which would allow them plenty of time to figure out heights and setbacks etc. He further stated that it had been noted earlier that attorneys for both the Planning Board and BZA had come back with analysis and opinion on the law and he believed these should be public. “That is not private, privileged information. That is information that is telling this Board that that sunset clause exists…and that the law doesn’t exist…and I think it’s wrong and it’s probably flawed. I can tell this – if you believe that the sunset clause doesn’t exist, then the whole Chapter 49 doesn’t exist. You can’t have one without the other because of the way it was worded.” He then read aloud a portion of the law, challenging Village council to re-examine it. Trustee Comments – There were none.
The Board then adjourned into an executive session to discuss individual complaints regarding sewer charges.
The Village Board of Trustees met on Wednesday, March 20 at 6:30pm. All members were present with Trustee Scherer participating via Zoom.
Public Hearing on Introductory Local Law No. 1 of 2024 – Landscaper Licensing:
Mayor Citrin opened the hearing by reading the official notice of hearing into the record. Physical copies of the proposed law along with a draft of the proposed license application were available to those members of the public who attended the meeting in person as well as on the Village website. The purpose of the proposed law is to ensure that landscapers are aware of the provisions within the Village code that effect their work in the Village. There are roughly 6 provisions that prohibit or limit certain types of activity and all of these are contained in the proposed legislation. The law has not been designed as a revenue enhancer for the Village, rather it was designed to put the landscapers on notice that should they violate any of the code provisions, their license would be subject to suspension or revocation after a hearing before the BOT. The law was proposed because the current system, by which a flyer outlining the code provisions is distributed to landscapers annually each spring, has proven to be insufficient for the purpose of preserving the community and the environment as per many of the residents and the former Chief of Police.
Jim Hays read into the record a letter in support for the proposed law, signed by roughly 2 dozen village residents as follows: “We the undersigned support the proposed local law to license landscapers working in our Village. Some of us spoke at the February Board of Trustees meeting to this effect, but we would like to reiterate here our reasons for supporting this important initiative. 1. Build trust and confidence in partnerships between residents and landscapers - Implementing a licensing system will create a framework of trust and confidence between landscapers, residents and Village Boards. Licensed professionals will be demonstrably accountable, providing residents with piece of mind. Similarly, our Village Boards will be equipped with a transparent and easily managed method for oversight, thus fostering a collaborative environment in which responsible landscaping practices are encouraged and supported. 2. Enforce the existing Village Code – Our existing code contains many provisions governing landscaping activities. However, effective enforcement remains a challenge. The licensing system would establish a clear pathway to accountability, ensuring that all landscapers operating within Tuxedo Park are familiar with and adhere to these regulations. 3. Protect our reservoirs and eco-system – Tuxedo lake provides our drinking water. The ecosystem of lakes, feeder streams and surrounding hills is not only integral to our community’s character, but also vital for our wellbeing. Activities such as blowing leaf debris into the water and unauthorized and excessive tree removal increase soil erosion and storm water runoff to the detriment of our water quality, riparian buffers, wildlife habitats and overall environmental health. Ensuring that landscapers understand and observe existing regulations will help in advocating the long term health of our reservoir and its surrounding eco-systems, preserving its ecological value for generations to come. 4. Join peer communities in adopting a successful best practice – Communities, such as the Village of South Hampton, Village of East Hampton, Village of Irvington and Princeton to name a few, use licensing effectively to ensure the quality of the landscaper contract work, protect their homeowners and enforce their laws. Tuxedo Park will be adopting their tried and tested method. We hope the Trustees will vote tonight, or in the near future, to pass this much needed law.” Names of the signatories were then read into record. Click hereTo View the letter. Sally Sonne expressed her concern with the proposed legislation, suggesting that in her view, it was not the answer. While many of the reasons cited in letter read by Mr. Hays are very noble, and she feels that everyone should do their best to love and preserve the Village, in her opinion the responsibility should lay with the homeowner and not the landscaper. “What we need is education,” she stated. “The landowner hires the landscaper (or the tree person) and tells them what to do and pays them. The landscaper is usually obliged to what he is told to do….which he’s being paid for. The landowner must understand what the regulations are and then he passes these on to the landscaper. I think that this law is not really thought out. It won’t work. It’s not practical.” She went on to suggest that the bigger contractors would likely have no problem coming in on an annual basis to obtain the license and then passing the expense onto their customer base, but the contractors who are only working in the Village for a day or two might find the process burdensome and ultimately decide not to come. Referencing the contractor who comes in one or two days a year to work on the Village trails as well as the tree- work she has done occasionally, she wondered whether these individuals would need to visit the Village Office and obtain a permit before they would be able to do any work, further suggesting that she feared this might be too much for the gentleman who works on the Village trails. Next, she wondered who would be responsible for enforcement. “I, frankly, would rather depend on the professionals I hire than amateurs from Tuxedo Park coming and telling me what to do…and I think maybe other people feel the same way,” she stated. In general, she feels that what has been proposed is burdensome and creates more bureaucracy and red tape. “I just don’t see what good it will do. I really don’t.” She concluded by recommending more education for both the landowners and the landscapers, further noting that any handouts distributed to contractors at the front gate should be simple, clear and concise so that the restrictions can be easily understood by all.
BAR Chair Ryan Lynch read the following into the record: “Dear Trustees, I am writing in against landscaper licensing in its current form. The Board of Architectural Review has expressed agreement that landscapers should not be charged for the privilege of working in the Village, nor should they be expected to pay penalties. The BAR advises amending existing Village code to have more enforcement mechanisms. In its current form, none of those concerns have been addressed. In my personal opinion, this proposal mirrors the existing Village code, while adding a tax to homeowners. This does nothing to further the goals set forth of protecting our environment. I echo the Garden Club’s sentiment shared last meeting and serve to protect out beautiful community. As Chairman of the BAR, I know firsthand that leaving existing Village code with no enforcement mechanism leads to disastrous consequences. Well-meaning codes that have been written to protect our community’s historic architecture, yet with no real enforcement mechanism for homeowners unwilling to comply, those codes are only as effective as the homeowner is willing. Most are good neighbors. When they are not, we end up with a half dozen air-conditioning units desecrating a historic façade. This has cost the taxpayers tens of thousands in legal fees while offering no protection. Existing code should not allow this. Our Village code explicitly forbids it. Much like this current proposal, there is nothing stopping bad neighbors from disobeying the code. The gate cannot prevent my guest from entering. How might this be enforced? This will only reduce the number of landscapers and pass the cost on to rule-abiding homeowners. It will fail to protect our precious environment. I hope that we can hold ourselves to a higher standard of implementing effective policy. Thank you for your time and your consideration.”
Chair JoAnn Hanson commented that Mr. Hays had expressed her sentiments, noting that she had been one of the signatures on the letter. She further pointed out that what was being proposed was in fact an enforcement mechanism that could be applied against the landscapers, who will have an incentive to comply. “I’ve seen the draft. It’s a one-pager…very straight forward and it makes quite clear to the landscapers that there are obligations….and I think this serves as an effective enforcement mechanism.”
John Ledwith noted that he was in receipt of two emails from Michael O’Neil and Susan Boyle, both of whom are opposed to the proposed legislation.
As there were no further comments, the public hearing was then closed.
Mayor’s Comments:
Mayor Citrin provided updates regarding three specific items.
With regard to the budget, he reported that Deputy Mayor Lindsay and Trustee Shaw had been hard at work and they expected to have a proposed budget to put forward to the community very soon. Turning to the School District, the Mayor noted that he and Deputy Mayor Lindsay along with other leaders had been invited to a meeting with Superintendent of Schools Jeff White that coming Friday to discuss the future of the School District. “I’m going to that meeting because I want to be able to keep you advised as members of the Village as to what types of programs and plans the school district has. As you all know, the largest portion of our tax payments as individual homeowners go to the school district and I think it’s important that we remain involved and voice our opinions with respect to what actions they choose to take to either accommodate a larger student body or to build new buildings or to tear down old buildings that they believe are no longer useful,” he stated.
Lastly, he noted that the RFP for management companies for the Wee Wah Beach went out several weeks ago. They are hopeful that they will have multiple proposals to review and discuss at their April meeting. Alternatively, if none of the proposals are successful, they are also exploring the idea of self-management. In this regard, the Mayor has been working with the Town Recreation Director, Kathleen Metcalf, to look for a Water Safety Instructor, who would be employed by both municipalities to operate the Beach, working for the summer camp in the morning and the Village in the afternoons. All of this will be discussed further in public, hopefully at April meeting of the Board.
Swearing in of Police Chief Allen Faust:
Recently appointed Village Police Chief Allen Faust was ceremoniously sworn in by Village Justice Roantree.
Opening Comments: Public Comments – Justice Roantree commented that the beginning section of the Ringwood Avenue trail was quite muddy due to ATV activity. Noting that it might be an issue for the Trails Committee, she wondered whether there was anything they could do to make that area of the trail more passable.
Mayor Citrin responded that he would speak with Trails Committee Chair Sally Sonne about this, and suggested that mulch could be the answer. He further commented that if any residents were utilizing the Village trails and came across unsafe conditions or had any specific concerns should report these to him directly so that he could make sure they were properly addressed. Trustee Comments – Deputy Mayor Lindsay commented that she would be talking about Community Choice Aggregation later on in the meeting. She and Village Climate Smart Task Force Chair Jim Hays will also be putting together a list of actionable items, which they intend to bring forward to the Board and the community in the near future.
Trustees Brooke, Shaw and Scherer had no comments.
Reports:
Click here to view the Police Report for the month of February
Click here to view the DPW Report
Click here to view the Building Department Report
Old Business: Discussion of Unattended Dogs in Public Areas- After soliciting feedback from the community at the end of February, the Mayor received 31 emails from residents who do not want to allow unattended dogs to roam around the Village while 9 individuals suggested that unattended dogs should be allowed. 4 residents gave mixed responses ranging from “enforce existing laws” to “there are no bad dogs in Tuxedo Park.” There is also the issue of conflating unleashed dogs with unattended dogs. “Let me set the record straight on that,” commented Mayor Citrin. “I walk my dog off leash. I think it’s great. I think that everyone who has a dog should be able to walk their dog off leash. This is not about a leash law. What this is about is allowing your dog to leave your property and wander freely through the Village without any supervision at all. There is a distinct difference between walking your dog off leash and letting your dog wander free throughout the Village…and I want to make it clear that I am in no way proposing a leash law for this community.” As most of the residents who wrote in do not want to allow unattended dogs to roam free, the Mayor indicated that he was planning to propose legislation at the next meeting to amend the law accordingly.
Deputy Mayor Lindsay noted that she looked forward to the required public hearing that would accompany the proposed amendment as this would allow them to hear a variety of opinions from the residents. Her personal view is that it is unsafe to allow the unattended dogs to roam free.
Trustee Brooke suggested that there was no evidence that the current policy has endangered anyone. He believes that the Village is a small community and if a dog is found to be running loose, one can always find the owner and explain things to that individual. “There is no reason to create rules when there are no problems to be dealt with,” he stated. “I believe the existing rules are adequate and we should just leave it. I recommend we vote down any change with the leash law and move on with the meeting.”
Trustee Shaw agreed with Trustee Brooke that there was no need to amend the existing law. Several of the emails received suggested that the solution was to have a personal discussion with the owner of the dog. “I would like to know…..how many dogs are running around? We’re not like a third-world country, where they’re all running around.”
“How do you have a personal discussion with the owner of an unattended dog if you don’t know who the owner is,” queried Mayor Citrin.
“I think everybody knows who we’re talking about,” replied Trustee Shaw. “How many complaints have there been? How many different dogs?”
Trustee Scherer agreed with Trustee Lindsay that the public hearing would bring forth more input and he looked forward to that. With that being said, his current perspective is that if it’s not broken, they should not try and fix it. He feels that the current rules are sufficient. With that being said, he feels he is open minded and is willing to be persuaded otherwise, so he looks forward to the conversation and debate. Discussion of Allowing Sunday Deliveries- With respect to the question of Sunday deliveries and whether they should be allowed moving forward, which was put forth to the community by the Mayor in his most recent letter, 26 residents have indicated that they should be permitted while 12 have indicated that they should not. 2 individuals suggested that generally speaking they should not be allowed but that exceptions should be permissible. Mayor Citrin feels they should be allowed. Deputy Mayor Lindsay wondered where the prohibition on Sunday deliveries was codified, further suggesting that she felt more investigation was required in order to determine how things got to be the way they currently are.
Trustee Brooke pointed out that some of the deliveries in question contained medicine and other items that were important to people. The community has changed over time and more people are working now. If there are one or two individuals who are receiving too many Sunday deliveries, in a community of small size this can be rectified with a simple conversation. He doesn’t feel Sunday deliveries are particularly disruptive and believes they should be allowed.
The Deputy Mayor commented that she was in agreement with those respondents who had referenced the ability to take a nice, peaceful walk on a Sunday along roads without sidewalks and not have to worry about delivery trucks rushing around.
Trustee Shaw agreed. “If you open it up,” she cautioned, “then you are going to have Amazon deliveries on Sunday.” In those instances where items can only be delivered on a Sunday, she suggested that those individuals should call ahead to the police and make the necessary arrangements. She feels that food deliveries are ok, but amazon and other such services are not needed on that day.
Trustee Scherer is in favor of Sunday deliveries.
The issue will be addressed by resolution next month. In the meantime, if anyone has an opinion on the issue, they should email Mayor Citrin with their views.
Discussion of Traffic Safety Proposals- Several months back the Mayor indicated that he would be in favor of lowering the Village speed limit to 25 miles an hour, but only if this was something that a traffic study indicated would be appropriate to do. In reaching out to engineering firms for a proposal, he felt it was also important that they attempt to address safety issues on certain roads within the Village. These include Ontio, Laurel and West Lake (south of Turtle Mountain Road). Five firms were approached. Three showed an interest and then one dropped out, leaving the Village with 2 proposals, both of which are posted on the Village website. Unfortunately, the proposals are “apples & oranges” as only one of them included a safety evaluation of these roads at a cost of $17,500 while the other proposal did not include a safety study and came in even higher. “We’re going to have to do an RFP,” he concluded.
“You don’t want to create rules for the bulk of roads in a community based on a couple of small roads,” commented Trustee Brooke. He believes that the bulk of the roads are fine with a 30mph limit and that there is no reason to create more enforcement problems for the police. He is against spending money to study something that is not a significant problem and when and if this comes to a vote, he will vote against it.
Martin Pomp, who lives on Ontio Road, commented that he had read the proposed study and that he agrees with Trustee Brooke. He feels it’s crazy! They know what the problem is and what the solution should be. Some months back he had asked the Village to consider placing boulders along the side of the road as a barrier against the steep drop-off. Similarly, he had also wondered why they could not install uniform guard rails, like the one along Tuxedo Road, in certain spots where needed.
Trustee Shaw agreed with Trustee Brooke further commenting that she did not feel they needed to change the whole Village because of three roads. She feels that either speed bumps or speed limit signs would be an effective method of slowing people down. She will vote against spending money on traffic safety.
Trustee Scherer agreed with Trustee Shaw. “We know what the issues are. We know what the solutions are, which is butting in barriers of some kind. It would be great to make them aesthetically pleasing but as permanent as possible. I’m a big fan of do it once, do it right and have it be there 100 years from now. That generally pays for itself in the long run. So, I don’t know that spending $15-20,000 on a study when we could be diverting that money towards actually fixing the problems that we’re aware of makes a lot of sense.” With respect to speed, he noted that he is in favor of lower speed limits. He feels it’s just a matter of enforcement.
Mayor Citrin then asked the Village Attorney to opine, recollecting that it had originally been his recommendation that the Village do a traffic safety study.
The Attorney responded that these recommendations been part of an attorney/client discussion and he did not want to waive that confidentiality. He suggested that it be discussed in executive session and it was agreed that this would be done. Creation of Capital Planning Committee- Following a recent blackout during which the generator at the Police Department failed leaving them completely in the dark and without internet access, Mayor Citrin feels that it is critical that the Village come up with a long term plan for tackling major capital expenses. It is the suggestion of both Deputy Mayor Lindsay and Trustee Scherer that the Village establish a Capital Planning Committee to discuss how the various departments intend to spend money in the future on the various projects that need to be done in order to keep the Village operating appropriately. The committee will consist of two Trustees (Deputy Mayor Lindsay & Trustee Scherer) along with three experienced members of the public. The goal will be to put forward a five-year plan. A comprehensive list of capital improvements was assembled and prioritized by former Trustee Maureen Coen and this will be used as baseline moving forward. Residents interested in joining the committee should reach out to Mayor Citrin. Renewal of Dental Plan (CDPHP) and Medical Insurance Plan (MVP)- This was tabled. Amend Resolution #0626-11 From June 26, 2023 to Reference Village of Tuxedo- During the previous Village Administration, there was annexation of some parcels from the Town of Tuxedo into the Village of Tuxedo Park. The documents were prepared for filing however they were rejected because within them the Town of Tuxedo was not referred to by its proper name, which, following the consolidation vote, is the Town/Village of Tuxedo. The documents must therefore be amended and refiled. The Board voted unanimously in favor of amending the resolution accordingly. Website accessibility Discussion (AudioEye) – A link to the AudioEye presentation was circulated to the Trustees via email. The item was tabled until the April meeting in order to allow them all time to review the presentation.
New Business: Resolution to Approve Introductory Local Law #1 of 2024 – Landscaper Licensing- Deputy Mayor Lindsay commented that what residents do as far as landscaping and excessive tree removal on their properties effects the watershed of the reservoir. She feels that what Is being proposed makes landscaping business owners accountable for making their employees aware of the existing code, which is remaining in place. She also agrees that a good education outreach for both landscapers and residents alike would be very helpful so the residents can fully understand the effort to protect the reservoir and there won’t be any contention between the landscapers and the residents. “It’s a simple registration really, to get a license. It’s not going to be a financial burden and I think it’s very important because of the reservoir.”
“There has never been any evidence that the reservoir is at risk,” stated Trustee Brooke. “If you want to create a partnership….this is not a partnership….this is a set of laws that can be enforced. I find it best to talk to people. I don’t think there are any water quality issues.” He concluded that he is against a law that addresses a problem which doesn’t exist.
Trustee Shaw agreed, commenting that in her view educating landowners and landscapers would be more effective than passing another law. She fears that adding this additional hurdle might deter contractors from doing business in the Village. “I’m definitely going to vote against this because I think it’s not worthwhile.” She went on to address the Mayor directly commenting “Unfortunately, I don’t recall that there was an email sent to the whole Village asking for their comments on this law like you sent out for the dogs and the Sunday thing…and I don’t think that it’s fair. I think if you are going to make a law like that, everybody should have a chance to do it. To me, it seems a little underhanded. I will vote against it, but I think that all of the residents should have an option to send their comments in.”
Trustee Scherer is in support on the licensing. “I don’t think we’re creating new laws. We’re not creating new bureaucracy. I think this is simply making the landscape contractors responsible for their actions and people….when you sign on a piece of paper that you’re agreeing to abide by our laws that currently exist, you think long and hard before you go and violate those. We’ve talked about enforcement. Just the mere fact that you have a chance of being kicked out of the Park will make you think long and hard. We talk about educating the landowners…that’s great….we should do it….but there’s no responsibility. What happens if it’s violated? We’re going to kick residents out of the Park? Kick people off their properties? We have no right to do that. There are no real consequences! This actually improves enforcement. People have talked about tax burden. There is no tax burden to residents. What we’re talking about here is a de minimis fee. It’s not a revenue enhancing strategy. I don’t see the burden. I think this is enforcement. This will help us to protect and properly enforce the rules that we currently have in place. I’m supportive.”
Trustee Brooke asserted that he felt the responsibility should lie with the property owner. Trustee Scherer pointed out that the proposed law would protect from a situation whereby a property owner might be asking a landscaper to do something they should not be doing. “It gives the landscaper the opportunity to say ‘I’m not allowed to do that. I’m putting my business at risk.”
“and then where do you stop?” asked Trustee Shaw.
“What does that mean?” replied Trustee Scherer.
“Are we going to have Amazon sign something that if their people are speeding, they need a permit to deliver in Tuxedo Park?”
“We’ll just give them a speeding ticket,” replied Trustee Scherer. “We just enforce the laws.”
“What about electricians and plumbers?” inquired Trustee Shaw. “Why are you picking on one group of people that come here?”
“This affects our watershed,” responded Trustee Scherer. “It does. Whatever we’re putting on our properties will wash into the lakes. It just does. An electrician has to be licensed. They are already licensed separate and apart from anything we’re doing. When you say ‘where does it stop’ what are the concrete of what I think you’re worried about, which is bureaucratic over-reach? I don’t know where else we would go from here. This is dealing with a very specific problem that we have, which is the quality of the water in the lake.”
“We have a difference of opinion,” stated Trustee Brooke. “It’s not that we’re dealing with a problem. We’re dealing with the threat of a problem, which doesn’t exist.”
“I disagree with that,” countered Trustee Scherer. “We have algae blooms every year.”
“This looks to be a 3-2 vote,” stated Trustee Brooke. “I assume something will come up at the next meeting where we look at the actual wording of the rule.”
“Chapter 67 has been drafted. It’s landscapers. It’s been circulated. It’s available online and we’re voting to either adopt Chapter 67 and all the terms within it or we are going to reject it. We’re voting now,” stated Mayor Cintrin, calling for a vote.
“I don’t think you gave the public enough time to review this law,” commented Trustee Shaw. “I think that the residents need to have enough time to review the law and comment…just like you said for the dogs and the Sunday deliveries. You sent out a note for everybody to comment. I think it needs to be done that way. I think that’s the responsibility of the Board to represent the residents….and I don’t think they’ve been represented. I don’t think that three people on this Board should decide without hearing on something that is much more important than a dog or a Sunday delivery. I just think it’s wrong.”
“This was noticed to the public,” responded the Mayor. “It was discussed at prior Board meetings. The legislation was drafted by the Village Attorneys and we are in the process of voting on it.”
“I’m not finished,” interjected Trustee Shaw. “I know you like to cut me off, but this is important. What is the urgency of voting on this tonight without sending out an email to all the residents…because there are a lot of people who are not aware of this…to just say please send your comments to the Board of Trustees. What’s the big deal if you wait one more meeting? I don’t think it’s a big deal. I think you need to have the residents opine on this. This is a law.”
Mayor Citrin replied that there had been plenty of local laws passed by previous Boards where surveys were never conducted, but discussions were had and public hearings held, which was the same process they were utilizing now.
Following some further discussion, the Board voted 3-2 in favor of adopting the resolution.
“I just have one more comment,” stated Trustee Shaw. “We will discuss in executive session, but I want to find out if the Village has the Authority to issue restrictive licenses.”
“Ok,” Mayor Citrin replied. Change of May Board of Trustees Meeting Date from May 15th to May 22nd- The Board voted unanimously in favor of postponing the May meeting of the Trustees one week from the 15 to the 22 in order to allow the Mayor and Deputy Mayor to attend the annual meeting of the New York Conference of Mayors. Authorize the Mayor To Sign a Municipal Advisor Services Agreement With Munistat for FY 2025- The Board voted unanimously in favor of authorizing the Mayor to sign a municipal advisor services agreement with Munistat for fiscal year 2025. Discussion of Generator for Police Booth- The generator at the Police Station is old and in disrepair. A new one is needed. A working generator for the police is a must-have for a multitude of reasons. In the recent black-out the Booth lost all power and the gate was inoperable. Officers had to direct traffic in and out through one side. An RFP will need to be prepared. Retroactive Approval of Repair of DPW Truck- The Board voted unanimously in favor of retroactively approving the repair of a DPW truck at a cost of $18,588.39 Renewal of Wee Wah Fishing Club Lease – The Board voted unanimously in favor of renewing the Wee Wah Fishing Club Lease for a period of 1 year. The fee was increased from $1,250 to $1,500. There remains a $750 milfoil fee. Membership is open to Village and Hamlet residents, with Hamlet membership capped at 65. Village employees as well as members of the Ambulance Corps and Fire Department who have put in a certain number of service hours are also eligible to join. Hamlet members will require a photo ID. Update on Community Choice Aggregation (Renewable Energy Program)- The Community Choice Aggregation initiative, which essentially allows for the bulk purchasing of renewable energy, was originally approved by resolution a couple of years back however the program has not moved forward as prices in the marketplace have been unstable. Joule, the appointed administrator for the project, has indicated that there is a good chance that the market is stabilizing and to this end there are two meetings coming , March 27 and April 11, at which indicative and final pricing will be provided and various terms outlined. The Deputy Mayor will report back the information as it becomes available. Retroactive Approval for Associate Justice Roantree to Attend Required Class at a Cost of $475.98- The Board voted unanimously in favor of approving reimbursement in the amount of $475.98 to Justice Roantree for her recent attendance at a required class. Allow for Approval of Monthly Report Detailing Expenses- The Board voted unanimously in favor of allowing for a monthly report detailing expenses to be reviewed by the Trustees as opposed to the current practice of having to collect 3 signatures on each individual expense voucher. Accept New England Aquatic Services Bid on Diver Harvesting Proposal – The Board voted unanimously in favor of accepting the New England Aquatic Services bid on for diver harvesting, which has been posted to the Village website, conditional on the approval of Lakes Manager AJ Reyes. Approval of On-Site Shredding on April 9 from 1:30-2:30pm-The Board voted unanimously in favor of approving an on-site shredding event to take place at the Village office on April 9 from 1:30-2:30pm. Village residents are welcome to bring any material they would like to have shred to the office during this time. Approval of Tuxedo Club Annual Fireworks Display – Following a brief discussion of fireworks and their potential impact on the Village lakes, the Board voted unanimously in favor of approving the request of the Tuxedo Club for their annual 4th of July fireworks display. WHAT DATE ARE THEY DISCUSSING?) Approval of an additional display to take place in September was tabled to allow time for the Board to discuss potential impacts with the Village Lakes Manager. Approval for Clerk to Take On-Line Class for Notaries – Village Clerk Elizabeth Doherty recently received her Notary Public license. The Board voted unanimously in favor of authorizing her to take an on-line course for Notaries at a cost of $60. Climate Smart Report – Climate Smart Committee Chair Jim Hays reported that following a comprehensive study of the Village’s greenhouse emissions, he and John Ledwith had put together a list of suggested cuts, which if adhered to could potentially reduce emissions by as much as 48% by the end of the decade.
Closing Comments: Public Comments – There were none. Trustee Comments – There were none.
The Board then adjourned into an executive session to discuss personnel matters and the appeal of a sewer charge as well as to engage in an attorney/client session.
Village Board of Trustees Meeting February 21, 2024
The Village Board of Trustees met on Wednesday, February 21 at 7pm. Trustees Scherer and Shaw attended via Zoom.
Mayor’s Comments: Mayor Citrin began by announcing that the Village had completed their search for a new Police Chief. He expressed his gratitude to the members of the search Committee including Committee Chair Michele Lindsay, Trustee Brooke, former Trustee Chris Kasker and Police Officer & PBA President Sutherland, noting that they had worked long and hard to find the best possible candidate. They have selected the Deputy Chief from the Town of Goshen, Al Faust.
Next, the Mayor expressed his gratitude to the DPW for their effective snow removal during the last two storms. He also noted that they had recently removed a problematic, metal drop box from the inside of the Police Booth, replacing it with perfect wood paneling.
With regard to the Communications Committee, the Crown Castle Company, who completed a drive-around study in the Park last month, has agreed to work with the Village to contact the three major carriers (Verizon, AT&T and T-Mobil) to request that they install minicells on utility poles throughout the community at their expense. Although this may not be a short process, it is certainly a big step forward.
Lastly, with regard to the item on the agenda pertaining to fences and Chapter 49 of the Village Code, the Mayor explained that he had placed this item on the agenda as the result of some issues that arose following a recent BZA hearing. There is some uncertainty as to whether Chapter 49, which prohibits the installation of perimeter fencing, is still in effect as it was scheduled to sunset in 2009. There are varying legal opinions. Just that day, the Village received two letters from two attorneys representing parties in the BZA hearing, both claiming that the law is still effective and was never properly sunsetted. However, they have received a contrasting, informal opinion from the BAR attorney and they are currently seeking a formal opinion from the Village attorney as to whether or not this is accurate. They Board cannot officially discuss the matter until their attorney has opined and therefore, the agenda item will be tabled.
Opening Comments: Trustee Comments- Deputy Mayor Lindsay provided a brief update on the Climate Smart and clean energy programs that the Village has been pursuing. They are incredibly close to earning their Climate Smart certification. Once certified, they will be eligible for money from New York State to be applied to more clean energy projects. Over the coming weeks they will likely be collecting proposals for the Community Choice Aggregation effort as well. The group plans to provide a full presentation/update at the March meeting. The Deputy Mayor is also serving on a Committee that was formed by Town Supervisor McMillen to oversee the Hamlet revitalization effort. The group issued RFPs to Engineering and Planning firms and have received three proposals, which they are in the process of reviewing. They plan to interview the firms next week with the goal of making a selection by the end of the month.
Neither Trustee Brooke nor Trustee Scherer had any comments.
Trustee Shaw noted that she would like them to vote on and approve 10 hours of training from a company called Four Lane. The training will cost $2,500 and will assist them in learning the basics for transitioning their online QuickBooks to the desktop version. Mayor Citrin agreed to add the item to the New Business section of the agenda. Public Comments – On behalf of the Climate Smart Task Committee, Jim Hays noted that the Village has joined thousands of municipalities across the State in an effort/commitment to reduce greenhouse gasses. The State’s goal is a 40% reduction by the end of the decade and 85% reduction by 2050. These are bold goals, but many communities are involved in the effort. As part of their effort, the committee has established an inventory of greenhouse gas emissions for both the Village Government operations and the community at large. This was submitted to the Board in June of 2022. The inventory allows them to establish a baseline with which they can measure any reductions that have been made while also allowing them to detect the largest sources of greenhouse gas emissions. In April of 2023 the BOT authorized the development of a Climate Action Plan for Village government operations. The purpose of this strategy was to lay out a plan for a series of implementations that would reduce emissions. Last Fall, Mr. Hays and John Ledwith submitted an annual report for the year 2022 in which they laid out possible actions for reducing emissions. It is now Mr. Hays’ intent to create a summary report of those suggestions, which he would like to bring forward and discuss at the March meeting. “It really needs to be a BOT plan and it is a plan that can extend from now until the end of the decade,” he stated, further noting that the proposed implementations did not have to take place all at once and that what they were proposing was essentially long-term planning.
Board of Architectural Review Chairman Ryan Lynch commented that at their most recent meeting the BAR had the opportunity to discuss the proposed landscaper licensing legislation and had put together some collective feedback. As things currently operate, each spring the Police department distributes a handout to landscapers which outlines the rules and regulations as well as the penalties for violation. As Mr. Lynch understands it, what has been proposed recently is the institution of a modest licensing fee and if any landscapers were to violate the license agreement, this would lose their ability to work in the Village. It is the BAR’s fear that this would not be effective in preventing people from cutting down trees. Mr. Lynch has done a bit of research into communities that have taken the preservation of trees quite seriously. He suggested that the Village should institute a separate permitting process for tree removal, which would put the onus onto the homeowners rather than the landscapers, and then setting a substantial fee for violations. Some municipalities have gone as high as $10,000 per tree! While he believes this might be a “bit much” he further suggested that it would serve to be a better deterrent that a $150 fee. “If we leave the onus on the landscapers, what that will only accomplish is reducing the already restricted number of people who work in the Park,” he concluded.
Multiple residents then made comments of support and/or read letters of support into the record with regard to the proposed Landscaper Licensing legislation. Residents who spoke included Chiu Yin Hempel, Pamela Breeman, Christopher Gow, JoAnn Hansen and Jim Hays. Letters were read on behalf of Joseph McAnn, Elizabeth Coitnoir, and Jill Swirbul. All of them support the proposed legislation and believe that among other things, that the current system is not working and requiring the landscapers to sign a licensing agreement will help to regulate things and provide for the code enforcement necessary to preserve and protect the Village Landscape.
Reports: Police Report: Chief Conklin reported the following for the month of January:
Calls for Service – 188
Property Damage Accidents – 3
Traffic Tickets Issued – 6
Traffic Warning Tickets – 17
Intrusion Alarms – 4
Medical Calls – 2
Assists from The Town of Tuxedo Police – 1
Miles Patrolled – 2,654
Vehicles Through the Front Gate – 556 per day
Tributes and Thanks by Trustees, Members of the Board and Members of the Public – The Mayor, Deputy Mayor, each of the Trustees. Building Inspector John Ledwith and Village Clerk Elizabeth Doherty all expressed their appreciation and gratitude to Chief Conklin for his service to the Village.
Click here to view the DPW Report
Click here to view the Building Report
Old Business: Continue Discussion on Landscaper Licensing Law – Mayor Citrin asked Village Attorney Brian Stolar to guide the Board through the process of moving the proposed local law forward. Mr. Stolar explained that assuming all of the Board members had a copy of the draft, the Board could move forward with setting a public hearing for the next meeting. Mayor Citrin noted that he was hoping to make an addition by adding in proof of workman’s comp. Mr. Stolar noted that he would review the draft to see if it would allow for the changes to be made that evening and follow up with the Board towards the end of their meeting. The Mayor then asked each of the Trustees for their thoughts. Trustee Shaw wondered whether the Village would be requiring all architects, any contractors and everybody else who works in the Village to sign licensing agreements as well. “I just think it’s opening a whole can of worms. I personally think it’s not right to expand the powers of the government. If you’re going to do it for landscapers, everybody else should be under the same thing. As it is, I think we are all well aware that there is a particular house where things have been done contrary to the Village law and nothing’s happened. That’s my comment. I don’t agree with licensing. I think it’s making things much more difficult to do business in the Village.”
Trustee Brooke commented that it had been a while since he had reviewed the document but that he felt the Village had adequate laws on the books. “I’m not sure what the focus is here,” he stated. “We did talk about size of enterprise…so if a local kid wants to cut lawns as a way of making some cash, does he have to get licensed?” He would like some time to review the document. He is generally in concurrence but doesn’t feel that they current system is particularly disruptive or bad as it exists. “I think it works pretty well. I personally don’t see the need for additional legislation and expenses which all get passed on to the residents. My attitude is: let’s circulate it, look at it, schedule the public hearing and then we can make the final changes from there.”
Trustee Scherer commented that he agreed with most of the commentary that had been provided during the public comment period. “My view is that to the extent that we are not really changing the rules and regulations. We may be touching them up. This is really about enforcement and what’s being proposed is actually, in my mind, fairly straight forward and not disruptive. You have the landscapers sign a piece of paper that says they will abide by the rules and regulations of Tuxedo Park. That is going to give the owners of those companies pause before they allow their workers to come into the Park and use prohibitive chemicals, blow leaves into the lake or take other actions that could hurt our local environment. We’ve all been working very hard to protect our lakes and it’s no easy task. This is a step in the right direction and I think it’s a fairly straight forward and easy step. It’s really not about raising money for the Park. It would be a nominal licensing fee. It’s really about having someone sign their signature to a piece of paper that says that they understand what the rules and regulations are. If they choose to break them or if they inadvertently break them, then we can determine as a Board what the punishment is. It may be that they lose their license and ability to work in the Park. It may be that they get a slap on the wrist, but at least it gives people pause before they do anything that is inappropriate. The parties that I am particularly worried about are not the small contractors. It’s the big, national companies….we’re just not that important to them…they don’t want to bother to know what our rules and regulations are. As soon as people sign a piece of paper, they focus….and that’s all this is about. I really don’t think this should be a controversial issue.”
Deputy Mayor Lindsay also agreed with the comments and letters as expressed during the public comment period. She supports Trustee Scherer’s reasoning. “The fee will be nominal. It won’t be something onerous on the residents. That is not the intention. It does put us in the right direction not only to be able to enforce our code but also to educate our residents who maybe are not aware of the codes that we do have. Maybe we need to think a little bit more, separate from the licensing law, about educating our residents a little bit better.”
Trustee Scherer added that he had also spoken with his long-term landscaper, who has been working in the Village for more than 30 years and is well known throughout the community. “For what it’s worth,” he stated, “this person is in favor of a licensing fee.”
It was agreed that they would hold off on scheduling the hearing until later in the meeting in order to allow Mr. Stolar time to complete his review and report back on the possible addition of workman’s comp. Approval of Appointment of Deputy Chief Al Faust of Town of Goshen Police Department asNew Police Chief of Tuxedo Park – Alan Faust has been a police officer in the Town of Goshen since 1994 and is currently their Deputy Chief. He also attended the Police Academy with Chief Conklin who had nothing but positive feedback. In his role as Deputy Chief in Goshen, Faust has served as the Grant Administrator, the Fleet Manager and the Training Coordinator. He has supervised the evidence rooms and has also served as both the Media Relations Officer and Integrity Officer. He has attended the FBI Academy in addition to completing multiple trainings under the Department of Homeland Security. The Village looks forward to having him join the force and feels that because of his connection to Chief Conklin, the transition will be a smooth one. The Board voted unanimously in favor of approving Al Faust as the new Police Chief of Tuxedo Park. Mayor Citrin noted that a “Meet the Chief” event for residents would be scheduled in the near future. Website Accessibility Discussion (AudioEye) – This was tabled until the March Meeting. Authorize the Mayor to Sign a Municipal Advisor Services Agreement with Munistat – Munistat was initially employed by the Village during bond-issuance for the Wee Wah Dam. Since that time, they file paperwork for the Village on an annual basis. The Board voted unanimously in favor of authorizing the Mayor to sign a municipal advisor services agreement with Munistat.
New Business: Discussion of Unattended Dogs in Public Areas – Mayor Citrin began the discussion by reading aloud from the Village Code section 32-3 under the title Animals, which is captioned “Dogs at Large” and reads “Dogs are permitted to run free within the Village provided that: 1. No more than two dogs owned by or in the custody of one family shall be permitted loose off the property of their owners at any given time. 2. Each dog allowed to run free is known to be non-vicious and rabies free. 3. The owner resumes full responsibility for his dogs’ safety and actions on public and private property. 4. There is no outstanding prohibition from any Village Board or Official.” The Mayor noted that he is constantly receiving complaints from residents who are confronted by unattended dogs when walking, jogging or riding their bicycles around the lakes or on the trails. Commenting that when he referred to unattended dogs, he was not talking about off-leash dogs he further stated “We’re not here to talk about dogs who are walked by their owners off-leash. We’re here to talk about unattended dogs because the code provides that you can let your dog out in the morning, wish him or her well, and hopefully they’ll come back at night. What they do during the course of the day is unknown to you. I myself have driven around the Village and seen these dogs and I have called the police and reported a lost dog that is running free. The response I get from the Police is appropriate to the Village Code and that is ‘I’m sorry Sir there is nothing we can do because the dogs are permitted to run free through the Village.’ “ Although the Village has a long history of allowing dogs to roam free, the question that the Mayor is now posing to both the Board and the Public is whether dogs should be allowed to run unattended through the Village as there is no accountability for their actions should they get into any sort of altercation and many people are in fact afraid of them. “I personally believe that we should amend this law so that dogs can be walked unleashed, but dogs cannot wander free through Village at their leisure,” he stated. “It seems rather unusual that we allow dogs to wander throughout an inhabited Village like this.”
Deputy Mayor Lindsay commented that she was always a bit apprehensive if she was walking alone and encountered a dog, especially down by the West Lake Causeway. She looks forward to hearing from the public on the issue.
“I know of no cases where people have been bitten,” stated Trustee Brooke. “People are scared for whatever reason but I think the existing law is adequate. I’m just a great believer that if the laws are adequate….you don’t fix a problem if it’s not broken. If a dog bites somebody, the dog has an owner, there’s a lawsuit and that person who owns the dog can be sued.”
“Of course, but what if you cannot identify the owner because the dog is wandering free,” queried the Mayor.
“The dog has a collar,” responded Trustee Brooke. “My opinion is that the existing law is adequate. You’re out here in the country. Dogs should be able to run loose. If somebody’s walking their dog and the dog chases something into the woods…suddenly it’s defined as a different situation.”
Trustee Scherer commented that he did not have strong feelings on the issue and that he would really like to hear from the public. “Having said that, I think when you hear from the public, you are probably going to hear from the people who want to change the rules, so I’m not sure it’s going to be a balanced discussion.” With that being said he added “It almost feels a little archaic that we have laws in place that allow dogs to roam freely. I can’t imagine there are many communities where that is actually permitted.”
Chiu Yin Hempel suggested that they ask parents who walk around the community with young children to see what they think about it.
Mayor Citrin concluded that when he sent out the next Mayor’s letter, he would put a question to the community about it and see what kind of feedback he received. Discussion of Local Law on Fences, Chapter 49 – As per the Mayor’s comments earlier, this item was tabled to allow the Village attorney’s time to officially opine. Renewal of (CDPHP) Dental Plan, Vision Plan (MWG) and Medical Insurance Plan (MVP); Including Discussion of Adult Children “Age to 30” Rider Rates – These plans only effect DPW and Village Hall employees. The dental plan will not have any change in rates. The MVP plan has an approximately 6.41% increase across the Board. Village Clerk Elizabeth Doherty also proposed that they consider an age to 30 rider rate for children, which would affect her (her daughter is a full time-college student who is about to turn 26) as well as at least one other Village employee that she is aware of. The rider would provide coverage for children who are still dependent on/living with their parents. Should the Village decide to go with the rider, the increase would be 6.48 %(as opposed to 6.41) Trustee Brooke noted that historically many colleges and universities had policies that provided insurance for students while they were in school however post the passage of Obama Care, a lot of them have ceased offering insurance. He doesn’t feel he has enough information to make a decision.
Mayor Citrin inquired as to the timeline for moving forward with the renewal and Ms. Doherty responded that they would need to decide by June 1. It was then determined that the issue would be tabled for at least another month while they gathered more information and further explored their options. Accept Resignation of Part-Time Police Officer Emma Sullivan as of February 1, 2024 – The Board voted unanimously in favor of accepting the resignation. Add online Court Payments Through Municipay – Elizabeth Doherty explained that the Village has been using Muncipay to collect online payments and it has been working well, but it is not connected to the Court system. Recently Muncipay was taken over by another company called Autoagent and they are now offering additional services including Court payments. Ms. Doherty reached out to both the Court Clerk and the Judge for their feedback and learned that it might need to be cleared with the Office of Court Administration before it can be put into effect. Mayor Citrin suggested that they wait to see what OCA had to say and then follow the recommendation of the judge and the court clerk who actually have to process the payments. Authorize Clerk to Publish RFP for Wee Wah Park Beach – The Village would like to explore two options for beach management in 2024. One is self-management and the other is hiring a management company as they have done in the past. In order to explore the management company, they must put out an RFP. Matt Tinari, Chair of the Wee Wah Park Committee, has a list of five or six companies that may be interested in the job. The Mayor will draft the RFP. Following minimal discussion, the Board voted unanimously in favor of authorizing the clerk to publish an RFP. Purchase Postage Meter for Village Hall – In order to simplify the process of mailings, the Village would like to explore acquiring a postage meter. Following a brief discussion, it was agreed that Ms. Doherty would speak to Town Clerk Marisa Dollbaum, who has recently been exploring this very thing for the Town, and the topic would be revisited at the next meeting. Discussion of Sunday Deliveries for Village Residents – The Mayor has received at least a half dozen calls since December from residents who need to receive deliveries on Sunday for one reason or another. One of these came from Father Rick at St. Mary’s. This raises the question as to whether or not the Village should allow deliveries on Sundays. The Mayor suggested that perhaps restricting the types of vehicles allowed (vans instead of trucks etc.) might allow for a compromise.
Deputy Mayor Lindsay commented that in terms of quality of life, she leaned more towards not allowing Sunday deliveries. However, as she understands it, Fresh Direct is permitted to deliver on those days and they drive trucks. “I just think Sunday is kind of a day where people like to take walks around the lake and not have to think about trucks on the road,” she stated. She would like to hear from the residents on this topic. She further commented that although food trucks are already permitted, she would not like to see other types of trucks on the roads on that day.
Trustee Brooke commented that people who work during the week might not be at home to receive deliveries during the week. “You’re talking about two or three trucks during the course of a day. I’m in favor of having stuff delivered on the weekend.”
Trustee Scherer commented that he was also in favor of it as he did not candidly see that there was much difference between Saturday and Sunday. He further stated that as somebody who likes to run on the Village roads, he believes that the delivery vans drive too fast and that the real issue is speed enforcement in his view. “I’d be in favor of opening it up,” he concluded. “It seems like there is a real need that the residents have and as Trustee Brooke mentioned, many of us are only in Tuxedo Park on the weekends.”
It was concluded that this would be handled in the same manner as the dog issue in that the Mayor would put it out to residents and see what kind of feedback he receives. Discussion on Landscaper Licensing Law (Continued) – Mr. Stolar noted that he had added the workman’s comp provision and recirculated the draft legislation to the Board members. Following some discussion, the Board voted unanimously in favor of setting a public hearing for the March 20 at 6:30pm. Four Lane Training – This pertains to QuickBooks training as referenced earlier by Trustee Shaw. The Board members expressed concern over the proposed cost of $2,500 as well as the general lack of information before them. Ultimately, they agreed to table the issue.
Closing Comments: Public Comments – On behalf of Elizabeth Coitoir, Chiu Yin Hemple read the following: “To The Board of Trustees, My second comment is in regard to the conversation in the last two Board of Trustees meetings about the use of divers to continue the mitigation of the Eurasian Milfoil. Our Lakes Manager AJ’s recommendation from the start was to use the chemical approach to reduce the large number of plants in all three lakes and then to follow up each year with a program of diving to keep the growth down. As a member of the Lakes Committee, I researched diving companies and spoke with numerous communities about their experiences. Everyone I spoke with was pleased with the results of this two-step program that has managed to keep the new growth well under control. Not one person I spoke with discouraged our community from using divers and all recommended the two companies that were presented to the former Board of Trustees. The Village should continue to follow the protocol recommended by our Lakes Manager.”
Trustee Scherer responded that he hoped that everyone was aware that the Village was following AJ’s advice and that they had put out an RFP for divers. They are still waiting for one company to submit a response but they will be bringing in divers on a limited basis during the spring in a very specific part of the lake over by the Village docks, where they had been unable to use chemicals. He feels that the two-step approach has been successful and the Village is in regular contact with AJ and listen very closely to his advice. Trustee Comments – There were none
The Board then entered into an executive session for discussion regarding water bills as well as legal matters.
Village Board of Trustees Meeting January 17, 2024
The Village Board of Trustees met at 7pm on Wednesday, January 17. Trustee Scherer joined the meeting via Zoom.
Mayor’s Comments:
Mayor Citrin opened the meeting by acknowledging the presence of the former Mayor David McFadden, who was present at Village Hall, and thanking him for attending the meeting. He went on to welcome newly appointed BOT member and Deputy Mayor Michele Lindsay, who will fill the seat recently vacated by Chris Kasker. Michele has been an active and involved resident of the Village for 30 years, having just retired from the Town Board at the end of December after serving for 8 years. She also recently served as the Chair of the Police Chief Search Committee. “I view her as a consensus builder,” stated the Mayor. “The reactions I’ve gotten from members of the community have been glowing and positive. I wish her much success as a member of this Board.”
Next the Mayor expressed his gratitude to the DPW for their outstanding work in keeping the roads clear during the recent storms. He also expressed his gratitude to Michael Haberkorn of East Lake Road. who recently gave the Village permission to install a mirror on his property which abuts a very windy portion of the roadway. This mirror will help to make travel safer for pedestrians and motorists a like when rounding the “S” curves there. The Mayor also thanked Tate Sink, who was the one to originally propose the idea of the mirror at a meeting of the BOT this past fall.
On Friday, January 12 the Cell Committee, chaired by Jedediah Turner, brought in a company to conduct radio frequency testing throughout the Village. The testing was free of cost and lasted roughly two hours. The purpose was to help the Village determine locations where they might install mini-cells in an effort to improve service. A report is forthcoming and will be shared with the community once it is available.
The Wee Wah Beach committee, under the leadership of Matthew Tinari, is getting ready for Summer 2024. They have been actively receiving applications from local youth who are interested in working at the Beach either as lifeguards or as checkers. The Village has yet to determine whether they will “self-manage” the beach this year or return to the third party management company utilized in 2022 and 2023 under the direction of former Mayor McFadden. More information about this as well as other beach-related news will be presented and discussed in the coming months.
During one of the recent storms a tree fell on Village Hall, landing on top of the garage spaces and causing some significant damage there. The insurance company has visited the scene and the Village is working to make the necessary repairs as soon as possible.
On Monday, January 15 there was a roll-over car accident on Tuxedo Road, just north of The Causeway. Mayor Citrin thanked all of the first responders including the Ambulance Corps, Fire Department and both Police Departments for their timely response and assistance with the accident. Although there was quite a bit of damage to the Vehicle involved, the sole occupant was not seriously injured.
Opening Comments: Public Comments – Former Mayor David McFadden congratulated Deputy Mayor Lindsay on her appointment. Next, he expressed his gratitude to Police Chief David Conklin, who has resigned and will be leaving the position on February 24. “On behalf of the entire Village of Tuxedo Park, thank you for your outstanding service and leadership during your tenure as Chief of Police (which included the Covid-19 pandemic) Leading communities Nation-wide in safety and security (which we are) is why we have enjoyed high real-estate values and attracted many new families to Tuxedo Park over the last several years. Chief, working with you has been an honor and one of the highlights of my time as Mayor. Please accept our best wishes and gratitude for your positive impact on the Village of Tuxedo Park.”
Moving on, Mr. McFadden inquired as to how much money the Village had earned for the taxpayers to-date from their investment with NY Class.
Finally, with regard to the Wee Wag Beach, he recommended that the Village bring management of the facility in-house. Commenting that he had ended up presenting the management company with all of the lifeguards (which they then hired and paid) and all of the checkers (paid by the Village) he noted that he felt they could save money managing it themselves. “As long as we have people lined up, I think it’s a great idea…especially if we are giving the sons and daughters of residents of the Park an opportunity to do so.”
In response to the question about NY Class, Mayor Citrin noted that he did not have an answer. John Ledwith interjected that to-date the investment had earned $135,000.
The Mayor thanked Mr. McFadden for his endorsement of in-house management for the Wee Wah, further commenting that he was in agreement.
Jim Hays provided a brief update on behalf of the Climate Smart Task Committee. The State of New York has committed to reducing greenhouse gases state-wide by 40% by the end of the decade. The Village, by action of the BOT, has joined 400 communities across the State in their attempt to achieve this goal. The Task Force conducted a greenhouse gas inventory for the year 2018 and one of the results of this showed that more than 90% of the emissions came from the use of electricity, exhaust from vehicles and fuel burned to heat homes. In order to make substantial reductions, these three categories must be addressed. In April of 2023, the BOT adopted a resolution authorizing the Village to undertake a Government Operations Climate Action Plan. In accordance with that resolution, the Task Force has prepared a second inventory of Government Operation Emissions for the year 2022 and have also been looking at how these emissions have changed since 2018 in order to determine what the year-to-year variability might be and whether any progress has been made. As part of this report, the Task Force is making recommendations as to how emissions from the Government operations can be reduced by 40% by the end of the decade. The report will be fully distributed to the BOT within the next week. The recommendations are numerous. Some progress has been made but there is more to be done. Some of the recommendations include installation of solar panels, exploration of hydro-electric power at the Wee Wah Dam and replacing oil and propane burning furnaces with heat pumps in a number of buildings. The Task Force is further recommending that the Village investigate the idea of working with the New York Power Authority, who will do audits, manage any changes the Village decides to make and even over-see operations. The audits are free, but management and project oversight come at a cost. Dr. Hays further noted that at subsequent meetings in the coming months he would bring forward the ways that the State and Federal Government could help pay for the various changes.
Mayor Citrin responded that he had asked the Deputy Mayor and Trustee Scherer to work with Dr. Hays on these issues.
Ryan Lynch commented that on December 19 he had received a letter from the BOT regarding the Ethics Code and requesting that he sign. Noting that he had begun serving (as BAR Chair) in June of 2023 but had only just received the letter, he stated that he had a few clarifying questions regarding section 15-3. “Hypothetically, let’s say after being appointed that somebody who has business before the Town threw a dinner party on my behalf…or we could take it a step further and say that they had open litigation with the Town….would I be in violation of the standards of conduct if I accepted their hospitality exceeding $25?”
Mayor Citrin asked Jared Kasschau, attorney for the Board, to respond.
Mr. Kasschau asked Mr. Lynch to please put his question into an email and send it his way. He added that he would like to have the question in writing so as to ensure that he answered it accurately and specifically and assured Mr. Lynch that he would be able to do this quickly.
“If I was in violation of the ethics,” responded Mr. Lynch, “what would the recourse for that be…for violation section 15-3 of our Code of Ethics in Chapter 15 of the Town Code?”
In response, Mr. Kasschau read from the Town Code the penalties for offenses as listed. These included a fine or possible suspension or removal from office/employment in the manor provided by law.
Trustee Shaw stated that she did not remember being asked to sign the letter Mr. Lynch was referencing. She wondered whether all members of all Village Boards had received a similar letter.
Village Clerk Elizabeth Doherty noted that she had sent the letter in accordance with her annual process. This year the letters were sent in December to new Board members.
Trustee Shaw noted that the letter Mr. Lynch had received appeared to come from the Trustees and that her name was on it, but she had not been made aware that the letter was going out. She reiterated her question, wondering whether all individuals serving on Village Boards had received the letter.
There followed a discussion concerning the possibility of establishing a Board of Ethics for the Village. Mr. Kasschau explained that many Villages do this, also adopting a model Code of Ethics. The State promulgates a form model code, which he would be glad to share with the Board, along with a proposed law describing the composition of typical Boards of Ethics and what their duties and responsibilities may be. In this case, if there were a Board of Ethics in the Village, Mr. Lynch would write to that Board anonymously, expressing his concerns. “It ensures a level of objectivity, consistency and privacy. Board of Ethics opinions are published, albeit in reacted form, so that residents of the Village can look at prior decisions and use that information to help guide them in making decisions,” he explained.
Mayor Citrin commented that he felt this is something that should be further explored and that it would be added to the February agenda.
Trustee Brooke commented that the decision about creating a Board of Ethics was one thing, and the wording of the actual guidelines was another. “I’m sort of against Government for Government’s sake.” he stated. “I am all in favor of an ethics process, but I want to see what it is. I also think that any time a notice is sent out by the Trustees, the Trustees should be aware of that notice. This is the first I have heard that this notice was sent out.”
David McFadden noted that Orange County has a Board of Ethics and that the Village is allowed to bring matters to them. He feels that this Board would constitute a “terrific” impartial Board for the Village to bring any serious issues to. He then announced that the last law suit that had been filed against the prior Board (including himself) by Claudio Guazzoni for ethics and sunshine violations had recently been rejected by the Courts. “There are no longer any pending lawsuits against myself from Claudio. I’m very excited about that. I’m very excited that it was shot down. Unfortunately, in addition to the 300 (thousand dollars) we’re seeking, there’s probably going to be additional fees because I believe that our Village attorney is handling that case and the Mayor may not have put in all those fees. I also understand that we lost our attempt to recoup fees, so the Taxpayer is looking at over $300,000 based on these frivolous lawsuits, which is a shame. I also noticed that on the agenda, Trustee Scherer is not listed as where he is and therefore, he is not allowed to vote. This is exactly what Claudio sued us for so that is why I bring it up… just to caution everyone…that it is not on the agenda…and there was no agenda posted at either the Front or South Gate today unfortunately. This is what we were sued for by Claudio. One of the motions was that in fact that Josh voted illegally because it wasn’t announced. So, let’s be careful that we don’t do that again tonight. Thank you.”
Police Officer Jim Ascione expressed his heartfelt gratitude for the privilege of serving under Chief Conklin. “ Dave, it’s been an honor to serve as part of your team an I want to convey my appreciation for your commitment to upholding the values of integrity, professionalism and community service within out department. Working alongside you has truly been a pleasure. Thank you for your exceptional service and the positive influence you’ve had on our organization. I wish you nothing but the best in your retirement. Enjoy!” Trustee Comments - Deputy Mayor Lindsey thanked Mayor Citrin for appointing her to fill Chris Kasker’s term. She also thanked the Trustees and everyone in the Village Office for all their help in making the transition a smooth one. She looks forward to serving the Village with the current team. She appreciates all the kind messages she has received from residents as well. “When I ran for the Town Board 8 years ago, there were three issues that were of upmost importance to me: The Tuxedo Reserve Special Permit, revitalization of the Hamlet and building better relations between the Town Residents and the Village residents. During my years on the Town Board, I became involved with New York State’s Climate Smart and Clean Energy programs to reduce greenhouse gas emissions and to achieve the State’s goals and I’ve worked closely with Jim Hays, who is the Village Committee’s Chair. I will continue to serve as the Town’s Chair for Climate Smart and together we will get a lot of things done for both the Town and the Village. I will also continue to work on the Hamlet revitalization with the Town Board and Councilmember Deirdre Murphy. Together through all of these actions I hope we can continue to build connections between the Town and the Village.”
Trustee Brooke had nothing to report.
Trustee Shaw thanked Chief Conklin for all of his hard work over the years, wishing him the best of luck in his retirement.
Trustee Scherer thanked Mayor Citrin for appointing Michele Lindsay. “I can’t think of a better replacement for Chris. Chris will be missed but Michele with her experience in the Town, the focus on improving relationships between the Town and the Village is critical and I think she’s perfect for that. All of the experience she has on the Climate Smart Task Force and working with Jim Hays….the Community Choice Aggregation work….I just think it was a fantastic choice. I’m really excited Michele that you’re joining us and that we can work together with Jim to hopefully implement a lot of the projects that will benefit this community.” He further commended Jim Hays, noting that he worked incredibly hard on critical work behind the scenes. Lastly, he thanked Chief Conklin for his service and wished him the best of luck in his retirement.
Reports:
Click here to view the Police Report
Click here to view the DPW Report
Click here to view the Building Department Report
*Prior to moving forward with the agenda, Mayor Citrin inquired of Board attorney Jared Kasschau whether or not there was truth to David McFadden’s suggestion that Trustee Scherer could not legally vote due to the fact that his location had not been disclosed on the agenda. Mr. Kasschau responded that this was not true. There is no statutory requirement that the location of a Board member participating remotely be identified in a meeting notice or agenda.
Old Business: Update on Proposal to Reduce Village Speed Limit to 25mph and Traffic Safety - Police Chief Search Committee Update – The Village is still seeking proposals from traffic engineers. Currently they have one and are hopeful to have two more in the near future. Once received, the Board can discuss and determine whether or not they want to move forward.
Trustee Brooke commented that it was his general belief that if things were functioning efficiently, they did not need to be fixed and he does not see any huge problems with the current speed limit. Secondly ,he suggested that it was critical that there be a bid associated with each submission. With regard to the one they already have he noted “I heard that the price through that study was going to be in zip code of $40,000, which is a huge number. I look forward to discussing it later but I think should be part of the record that $40,000 to explore that might be….”
“I agree,” responded Mayor Citrin. He added that the scope of work had not been properly defined and that the $40,000 quote that Trustee Brooke was referencing included a study of all the Village roads, which would not be necessary. “I don’t believe that we need to have an engineer look at all the Village roads. I think there are maybe a handful or less of Village roads that might require a review…and that would substantially reduce the cost.”
Trustee Brooke further noted that the recent roll-over accident did not appear to be the result of a speeding issue.
Trustee Shaw agreed with Trustee Brooke that the current limit is working and, in her view, does not need to be altered. She suggested that they could install electronic speed limit trackers in places that were either precarious or otherwise problematic for a fraction of the cost.
Mayor Citrin noted that Chief Conklin had supported the reduction and he agreed but at this point, he felt it was premature to be discussing it. He suggested they wait for the remaining proposals to come in before having a constructive discussion about it. Police Chief Search Committee Update – Deputy Mayor Lindsay reported that the committee had completed five interviews and were currently waiting for Civil Service to come back with next steps regarding making an offer. Website Accessibility Discussion (Audio Eye) – An attempt was made at this presentation in December but due to technical difficulties it was tabled. Unfortunately, technical issues persisted…this time with the audio… and following a couple of failed attempts to get things up and running, the Board tabled the presentation until February. Modify Resolution 1220-12 Authorizing Tuxedo Joint Fire District Reappointments- An error was made when this resolution was initially passed in December and the wrong names were accidentally inserted. The Board voted unanimously in favor Board of modifying the resolution and authorizing the appointment of Commissioners Peter Dedel and Jason Poggioli to five-year terms. Discussion on BOE Request to Move Village Elections from June to November – The Trustees recently voted in favor of transferring control of Village elections over to the County Board of Elections. After filing the necessary paperwork, the Village received communication from Board of Elections respectfully requesting that the Village move their annual elections from June to November. Mayor Citrin is against the change. He suggested that one of the reasons the Village holds their elections in the month of June is because the majority of residents can be present at that time. He also feels that were the election to be moved to November, the Village election lines would get lost on the ballot. The November ballot will also include the Town as well as state-wide and/or national elections. “Our lines for Mayor or Trustee will be at the very bottom of the ballot. Our campaigns will be lost in the Federal elections or the State elections,” he noted. Most importantly, he feels it is important that the elections be conducted at a time of year when everyone is available, listening and has a chance to participate.
The Board was in unanimous agreement with this. The Mayor asked Mr. Kasschau to draft an appropriate response to the Board of Elections letting them know that the Village would like to retain their June elections. WIAA Grant Applications Response Received (Board Approved Application at July 26 Meeting) – Although the Village’s grant application was approved, there are no remaining fundsfor the grant. Applicable letters have been posted to the website. RFP Milfoil Divers – Trustee Scherer explained that a couple of years back the Village had treated what was at that time deemed a “severe milfoil problem” in all three lakes with a chemical agent. Based on a survey recently completed by Village consultants, it appears as though the milfoil has been almost entirely eliminated however, it looks as though there may be some remaining near the Village owned boat docks. There are a few reasons for this, the main one being that the Village was unable to apply the chemical agent in this particular area. The divers are needed in order to confirm the presence of milfoil and, if needed, to remove it by hand. He reminded the Board that the battle against the milfoil would be an on-going one and that when they had applied the chemicals a few years back there had been an understanding that treatment would be on-going. The use of divers was cost prohibitive for the Village when the scope of work included eradication in all three lakes, however Trustee Scherer feels that everyone’s preference would be to use divers to the extent that it is affordable rather than to put chemical agents into the water supply (even though evidence suggests it is safe and use thereof is approved by all of the appropriate Government agencies.). The RFP was originally supposed to go out in November as the work will need to be done in late April/early May and the diving teams can be incredibly hard to schedule. Trustee Scherer feels it may already be too late, but all the same he recommended that the Village approve the RFP and get it out as soon as possible so that they can move forward.
Noting that she had had a lot of experience with RFPs while on the Town Board, Mayor Citrin asked Deputy Mayor Lindsay to briefly outline the process, which she did.
Trustee Brooke commented that when they had explored the idea of using divers two years prior, the judgment had been that they were expensive and quite ineffective.
“No….Paul, with all due respect, that is not factual,” interjected Trustee Scherer. “Yes, they are expensive. It’s not that they are not effective. They couldn’t have been effective with the extent of the milfoil that we had at the time. That would have been prohibitively expensive…but they are very effective when you have a limited amount of milfoil in place.”
Trustee Brooke responded that although Trustee Scherer knew more than he did, he felt that the people who provided the chemical treatment should be asked for their input as they had delivered an initial presentation which indicated that pulling had not been particularly effective in other communities. He also questioned what the optimal time for pulling would be.
Trustee Scherer recommended that they ask Lakes Manager AJ Reyes to attend the next meeting at which time he could address Trustee Brooke’s concerns and provide them with facts, which will allow them to have an informed discussion and arm them with the information they need to make a strong decision once they have the proposals.
Deputy Mayor Lindsay pointed out that according to Trustee Scherer, the use of chemicals had not been permissible in the small area in question.
Trustee Scherer confirmed this adding that he believed the reason was that the water in-take for the filtration system was located in that area. He reiterated that having AJ come and address them on this topic would ensure that they had factual information with which to make the best decision.
Trustee Brooke asked for clarification that the water intake was by the Village Boat Club and not the Tuxedo Club. This was confirmed.
The Board then voted unanimously in favor of issuing the RFP, a copy of which can be found on the Village website.
New Business: Authorize the Mayor to Sign a Municipal Advisor Services with Munistat – Mayor Citrin asked Deputy Mayor Lindsay for her thoughts and recommendations as to how they should proceed. The Deputy Mayor suggested that there were two other firms who work in the Hudson Valley who do this type of work and that perhaps they should table this while they investigate these additional providers. As there is no urgency associated with signing the agreement, It was agreed that this was how they would proceed.
Accept Resignation of Police Chief Whose Last Day Will Be February 24 – Chief Conklin noted that he had written a letter announcing his resignation which was published on TPFYI.COM. He invited anyone who might be interested to read it there. “I just want to thank the Board and all of the residents who have shown unwavering support. It’s been a pleasure working here and I wish everyone the best of luck.” The Board then voted unanimously in favor of accepting the Chief’s resignation. Approve NYSFOLA Membership for $960 – NYSFOLA is the program by which resident volunteers collect water samples from the Village lakes and send them out for testing. Subsequently an annual report is provided with detailed information pertaining to the water quality. The program is headed up by Christine Peverly and the Mayor has asked the Lake Wardens to make themselves available to assist her with sample collecting as needed. Following some minimal discussion, the Board voted unanimously in favor of approving the membership at a cost of $950. Discussion of Draft Local Law #1 of 2024: Landscaping License and Schedule Public Hearing – The Board is in receipt of a draft local law pertaining to the licensing of landscapers. Mayor Citrin provided a bit of background, essentially noting that in years past landscapers had pretty much been doing whatever they wanted despite the rules and regulations the Village in place. Unfortunately, there is no current enforcement mechanism other than the Building Inspector patrolling for violations. As a result, there have been issues with landscapers and tree trimmers engaging in various prohibited actions such as cutting down more than 4 trees per year on some properties, using certain types of prohibited fertilizers and blowing leaves into the lake. The Mayor suggested that if there were a licensing system permitting these contractors to work in the Village, that one of the consequences of violating the regulations could be suspension or revocation of their license. Secondly, contractors contribute significantly to wear and tear on the Village roadways with their trucks. The Village could charge a modest fee for the license…say $50-100 per truck…and in turn use those monies towards maintaining and repairing the roads as needed. “Most of the damage to the roads from my prospective, and I’m not an engineer or an expert, comes from the heavy vehicles that travel across our roads…not the passenger vehicles that most of the residents have.”
The Mayor then asked the Trustees for their views on landscaper licensing, generally speaking.
Deputy Mayor Lindsay inquired of Building Inspector John Ledwith as to how violations were currently managed.
“Because of the quantity of activity that occurs and just truck traffic in general, we really do not have good accountability as to what materials are coming in. We don’t,” he responded. “There is no practical way to keep track of every truck. On a day-to-day basis we really don’t have immediate control over what comes into the Village.”
Next the Deputy Mayor wanted to know what the current consequence was if the Village were to discover a violation.
Mr. Ledwith responded that they would have to bring the offender to court. “It’s very hard sometimes to figure out who has cut the trees after-the-fact,” he added. “We do have some provision not only to cut down live trees but if there are hazardous trees we have allowed them to be cut down, but unless we see it in the act, it is very hard to enforce.”
Trustee Brooke suggested that the core issue at hand was that this is an incremental cost that gets passed onto the residents of the community. “I’ve had people come to me and say ‘this is an additional cost,’ and some people have said ‘what happens if I hire somebody to do my garden?’ It’s just a person coming in two or three times. We have the letter from someone who said that the existing laws are already stricter than the proposed law. So, we have a lot of discussion. My belief is that the rules are pretty clear about fertilizer and stuff. Neighbors are very aware and, from my perspective, if you’re going to do it…..if an organization has less than five or ten employees…they should be free to do it. Hire somebody to do your garden or whatever it is….that doesn’t need licensing. I don’t think we need licenses in general because I don’t think we’ve got a big problem.” He continued to state that the issue of trees was discussed under the prior administration and he had suggested at that time that any regulation pertaining to trees should be relative to the size of the property. He believes that any issues can be dealt with in the existing structure and on principal he does not feel that the Village needs another set of laws and licensing. He further suggested that enforcement costs would be prohibitive given the amount of activity that occurs with people taking care of their lawns.
Trustee Shaw agreed. “I think we are good with what we have,” she stated. “I don’t think we need to make it more difficult to do business in this Town.”
The Deputy Mayor suggested that perhaps they could put together an agreement for the landscapers indicating that they understand the rules and regulations and charging a modest fee.
Trustee Brooke agreed that having the landscapers sign off on the rules would be a good idea.
Trustee Scherer also agreed that this was a good idea but further suggested that they should ask the landscapers for their thoughts and feedback. “I understand that we would be talking to someone who would be impacted potentially by what we decided to do, but I think it’s important to get that prospective.”
Trustee Brooke suggested a tiered fine schedule.
Mayor Citrin suggested that a fine without a licensing system was meaningless. The contractors know that the odds of getting caught are minimal because the Village does not have the manpower to effectively enforce the rules. But if they know that if they are caught doing something significant that they could lose the ability to business in Tuxedo Park, this would pose a substantial risk for them and thus they would be more likely to comply with the rules and regulations.
Following some further discussion, it was determined that they would table the issue for a month while they continued to contemplate the issue. Appoint Deputy Mayor Lindsay as Budget Director – The Board voted unanimously in favor of appointing Deputy Mayor Lindsay as Budget Director. Accept Bid for Police Vehicle on Auctions International – The Board voted unanimously in favor of accepting a bid for an old police vehicle in the amount of $8,500.
Closing Comments: Public Comments – There were none. Trustee Comments - Trustee Shaw read the following letter into the record, written by retired Police Chief Bill Bortnowsky as follows: Open Letter to the Community of Tuxedo Park - A Heartfelt Tribute to Chief David Conklin's Remarkable Legacy Dear Chief David Conklin, As you embark on a well-deserved retirement, I am compelled to express my deepest gratitude for your unwavering commitment and exceptional leadership during your tenure as Chief of Police for the Village of Tuxedo Park. Throughout the past four years, under your guidance and with the steadfast support of the former Mayor and Trustees, you have not only steered the police department through a transformative journey but also elevated it to new heights of professionalism and efficiency. Your dedication to modernizing every aspect of the department has left an indelible mark, creating a cohesive and high-functioning unit with morale and efficiency at its core. Your vision and strategic initiatives have established a 24-hour police department staffed by a team of New York State-certified and highly trained Police Officers. This accomplishment ensures that the residents of Tuxedo Park can rest assured that they are protected by the best-in-class professionals dedicated to safeguarding life and property. Your outstanding service has not only benefited the department but has also had a profound impact on the community. The legacy you leave behind is one of excellence, integrity, and a commitment to the well-being of the residents you've served. As you enter this new chapter of your life, I extend my heartfelt thanks and best wishes to you and your family. May your retirement be filled with the joy, fulfillment, and success you brought to the Village of Tuxedo Park. With deepest respect, William L Bortnowsky Retired Chief of Police, Tuxedo Park, NY [1976 to 2002]
There were no further comments and the Board adjourned into an executive session to discuss personnel matters.
Dear Neighbors,
As you may be aware, Village Trustee and Deputy Mayor Chris Kasker was elected to the Tuxedo Town Board in November 2023. On January 3, 2024, he took the Oath of Office as a Town Council Member. Pursuant to NYS Law, upon taking the Oath, his offices as Village Trustee and Deputy Mayor became vacant. I thank Chris for his years of service to the Village and look forward to working with him on issues of importance to the Village and the Town.
Now, I am pleased to report to you that I have appointed Michele Lindsay of 2 Eagle Mountain Road to fill both the Trustee and Deputy Mayor vacancies. Michele has just completed two 4-year terms as a Tuxedo Council Member where she served as Deputy Supervisor and concentrated her efforts on such issues as Climate Smart projects, Grant writing, Bond issuance and refinancing, and Revitalization of the Hamlet. Michele also has substantial experience in Municipal Bond Trading, Sales and working with Public Finance. She previously served the Village as a member of the Improvement Committee and is currently the Chair of the Police Chief search committee. Michele and her spouse, Jake Lindsay, who is chair of the Board of Zoning Appeals and a former Trustee, have been residents in Tuxedo Park for nearly three decades. Their daughters Hillary and Claire attended Tuxedo Park School.
I look forward to working with Michele as she applies her years of government experience to making Tuxedo Park Even Better.
Village Board of Trustees Meeting December 20, 2023
The Village Board of Trustees met on Wednesday, December 20 at 7pm. Trustee Scherer was absent.
Mayor’s Comments:
This past weekend brought substantial rainfall with roughly 4 inches of rain falling in a very short period of time. As a result, there were substantial flooding issues in the Village. Unfortunately, a large water main break between the old Chase Bank building and the SOS Fuel Depot also occurred during the storm, cutting off service to a number of Town residents, primarily in the East Village and along Route 17. Addressing the break was the first priority of the DPW and as of 6:30pm Wednesday evening, it has been successfully repaired fully and completely with service restored. Now that the break has been successfully addressed, the DPW can turn their attention to clearing storm drains and repairing some of the undermined roadways. The Mayor expressed his gratitude to the DPW for all of their hard work.
The Communications Committee has been quite active. The group has met with multiple cell service carriers with a variety of proposals ranging from putting cell service around the water tanks on Ridge Road to installing mini-cells on utility poles around the lake, as well as mono-poles (cell towers) at various highpoints around the Village. The group has at least one more meeting with an additional provider after which they will prepare a report and make recommendations to the BOT to consider options for improving cell service in the Village.
With regard to landscaper licensing, there was a meeting of interested parties at which there occurred a long discussion about the type of licensing system the Village should enact. The Village Code already has a licensing system for carting companies and it has been considered that they will mirror this system while following the code in terms of certain prohibitions and restrictions that might apply to landscapers and tree cutters. Ultimately the committee will put forward a proposal drafted by the Village attorney for public consideration.
The Mayor and Trustees met with a representative from the New York State Comptroller’s office as which they learned about various aspects of financial auditing that are available upon request of the Village. These issues will be addressed in January in terms of making a decision as to whether they want to pursue a fiscal audit in the Village.
As the year is coming to a close, the Mayor commented that he would like to acknowledge and thank certain individuals for the work they have done. First, he thanked the Garden Club for their efforts in hanging wreaths and holiday decorations throughout the Village. Next, he thanked resident Jeff Metzler who, together with his wife, corralled, retrieved and secured an escaped dock on Tuxedo Lake over Thanksgiving weekend. Lastly, the Mayor noted that Tuxedo Road had recently been repaved and for this the Village is grateful to former Mayor David McFadden as the paving and striping was scheduled during his administration. With respect to the short white stripe on the road just past the Main Gate, Mayor Citrin noted that this was a contractor’s error that occurred when one of the valves on their paint truck misfired and it will be removed.
Finally, the Mayor noted that this would be the last meeting for Deputy Mayor Chris Kasker, who will be taking his seat on the Town Board commencing January 1. In honor of his service, the Mayor presented him with a Certificate of Appreciation, wishing him all the best in his future political and personal endeavours. In response, the Deputy Mayor commented that it had been a pleasure serving with his fellow Trustees as well as all the staff and Village residents who had contributed to his time as a Village Trustee. “I hope through your council and my own experiences I have made some wise decisions to help this Village move forward. I look forward to taking all I have learned, the good and the bad, with me in the next level of politics and of course I won’t be a stranger.”
Opening Comments: Public Comments - There were none. Trustee Comments – Trustee Shaw noted that she had two comments. First, she has received a couple of complaints from residents who have been having issues hearing from the microphone during meetings, but John Ledwith is looking into this to see if they can come up with a new system. Secondly, she noted that at the previous meeting Paula Giblin had asked the Mayor if he had any plans for the Police Department and he denied having any. In an effort to try and get to the bottom of what Ms. Giblin had been concerned about, Trustee Shaw sent an email to the Mayor with a cc to Chief Conklin. Commenting that she “had not really received a response from the Mayor,” Trustee Shaw proceeded to read into the record a response email that she had received from Chief Conklin in which he stated that one of the full time officers had reached out to him with concerns that they were going to be laid off and further wondered whether he could assist them in finding a new job in another department. The Chief assured the officer that he had no idea what he was talking about and inquired as to where he had heard such a thing. The response was that officer Dan Sutherland had returned from a meeting with the Mayor and told him. The Chief went on to say that he had subsequently fielded calls from several part-time officers, who allegedly also heard from Officer Sutherland that their future employment could be in question. Chief Conklin then called officer Sutherland who “reluctantly” told him that during a recent meeting with the Mayor he had suggested that he was looking into the possibility of laying off a full-time officer as well as replacing some of the part-time officers with Constables, which would be cheaper for the Village. Officer Sutherland further told the Chief that Mayor Citrin had indicated that he could help to avoid this by finding other ways to reduce costs in the department. The Chief went on to say that he wanted to go on record by stating that he did not believe Officer Sutherland had any ill intentions in speaking to officers about his conversation with the Mayor. As the PBA President it is his responsibility to protect the members of that organization and the Chief does not want to see any backlash as a result. He believes he has “put out the fire” with the officers by advising them that there have been no official conversations between himself and the Mayor or the Trustees concerning these rumors.
When she had finished reading the email, Trustee Shaw asked the Mayor for his comments.
Mayor Citrin indicated that shortly after becoming Mayor he had met with various Village Employees and department heads, including the president of the PBA. To this end, he met with Officer Sutherland at a café in Monroe and the two had a conversation, which he characterized as a “brainstorming session.” He asked the PBA president feedback regarding his perception as to how the department was being run and whether any changes should be made or considered. “I am not going to deny the fact that I looked at the definition of Village Constable, which is a law enforcing peace officer, as a possible replacement for the part-time officers as they left the department. It was not something that would require any officers to be terminated but these part-time officers come and go over the course of time and a Village Constable carries a gun and a badge and a lot of communities in upstate New York and on Long Island have Village Constables instead of police officers.” With regard to full-time officers, he indicated that State law mandates that the Village maintain 4 full-time officers including the Chief and no full-time officers could be fired unless that law were changed. “Without that change in State law, which I would not support and which has not been proposed, there would be no change with respect to full-time officers,” he stated. Lastly, he stated that anything that the Chief may have heard or believed he had heard with respect to eliminating the midnight shift was not only false but preposterous. “I want you to know ladies and gentlemen and residents that you should watch what I do…not what I said one-week into my term in what I thought was a private session. The one change we are making is to replace the Police Chief, who lives somewhere in the Carolinas, with a Police Chief that will be here every day patrolling and supervising his officers. We need a Police Chief who is here in the Village….not a Police Chief who directs the department via Zoom at his convenience. For that reason, I can’t wait until the committee selects a person who will perform the job fully and completely as required by New York State law. That is my statement on this point. As I said to Ms. Giblin, I plan no changes. What I discussed with Dan Sutherland was a preliminary discussion. I have plenty of ideas how to improve this Village and with respect to the ideas I had with the Police Department, they were simply that. They were ideas. They are not going to be enacted. There will be no changes, only improvements to the Police Department.”
Chief Conklin responded that in his email he had reported only what had been said to him by Officer Sutherland.
The Mayor responded that this was ok and that the Village appreciated the Chief’s service, which would be coming to an end shortly.
“I want to say that this whole issue is one of the worst examples of leadership that I have seen in this Village my entire time,” stated the Deputy Mayor. “The Mayor has every right to have conversations and ideas. Every member of this Board and former members of this Board knows very well that whatever plans he has, he can’t enact unless it gets passed by the Board. I feel that I let this Village down by letting this churn up to the level that it did because I got a call from two residents, one who was a pot-stirrer and one who was concerned. I called the Mayor and told him about it. From my military background, this was major moral issue in the Police Department and I wasn’t very specific in what I said to the Mayor, but I would have expected him to call the Chief or Dan and figure this out. What I am most disappointed in is the Chief of Police who in that letter didn’t once say I called the Mayor to find out what was going on. He was more inclined to help somebody find a job than to find out if his job was actually at risk…which I can’t imagine helped with moral. This whole thing, me included, I think was a huge let-down to the Village and it should have been dropped after the conversation with Dan. The fact that it even got that far shows a huge lack of maturity and leadership from some of the people in this Village.”
Reports Oral & Written:
Click here to view the Police Report
Click here to view the DPW Report
Click here to view the Building Department Report.
The Court, Water Department and Treasurers’ reports can all be found on the Village website.
Old Business: Discussion of Reduction of Village Speed Limit to 25 mph and Traffic Safety-Mayor Citrin and John Ledwith have met with three separate traffic engineers to ask them to make proposals with respect to both reducing the Village speed limit as well as road safety for some of the steep and narrow roads where guardrails might be required in lieu of boulders. They are in receipt of one proposal and are expecting another. The third company has withdrawn themselves from consideration. Once they have collected the remaining proposal, they will attempt to get a third before bringing all the information before the Board to consider. Revised Resolution Regarding Police Vehicle Purchase and Resolution to Allow Police- Department to Sell Surplus Vehicle- The Village attorney explained that the original resolution needed to be tweeked to demonstrate the competitive bidding process in the analysis that the Village undertook in order to determine that the purchase agreement was more beneficial to the Village’s interest and lower than the cost of the borrowing or bonding for the purchase of the vehicle. The resolution was approved unanimously by the Board. In coordination with receiving the new vehicle, there is now a surplus police Vehicle. The Board voted unanimously in favor of selling it at auction. Police Chief Search Committee Update- Michele Lindsay reported that the committee had received a list from Orange County Civil Service with five interested candidates and will be conducting interviews. The first interview took place earlier that day and the additional interviews will take place on Wednesday January 3. Their plan is to make a recommendation to the Board by January 6 so that final interviews can be held by the full Board the week of January 8.
New Business: Website Accessibility Discussion (AudioEye)- The Village Clerk has been in contact with a firm that would provide services to help visual and hearing impaired individuals to access the website. She had a presentation from the vendor that she was prepared to deliver however, due to technical difficulties it would not play so the item was tabled until the next meeting. Discussion of Tuxedo Lake Water Main Replacement Review Set- There is a large water main that runs across Tuxedo Lake that services residents on the west side. It sits at a depth of roughly 65 feet. The condition of the main is unknown. The Village hired Westin and Sampson to put together a report and make some recommendations for replacing the main. Mayor Citrin indicated that he had some questions about the report and whether or not the main actually requires replacement, which he wanted to discuss with the Trustees. The Village is uncertain as to the age of the main. They do know that the Village has conducted at least two sonar studies to try and determine whether there was any leakage under water and they both came back negative. The engineering report indicates that the cost of the replacement will be over 1 million dollars. After reading the report, the Mayor is wondering whether the recommendation to replace is based on the actual condition of the pipe or speculation and conjecture. He read into the record a small portion of the report pertaining to possible construction of the original pipe and indicating that at 87 years old it is suspected to be a potential source of water loss within the system. The Mayor is concerned about committing to the project at the proposed cost without knowing the condition of the pipe beforehand. To this end, he would like to put out an RFP to see if they can get divers or a submersible to investigate before they commit to the project.
Trustee Brooke commented that there were two different reports indicating that there were no leaks and until there was evidence of an issue, he did not feel they needed to consider replacing it. He is not opposed to the idea of collecting bids for having somebody inspect it, however he would like to know what the cost of these services would be because while it might be a prudent thing to do, it is also arguably unnecessary.
Deputy Mayor Kasker indicated that if the pipe were to break, there would be no way to repair it. The Mayor agreed with this assessment adding that should that occur, 25% of the community would lose water service. The Deputy Mayor further indicated that despite consistent testing over the years, the Village is still losing roughly 50% of its treated water and they have been unable to determine the source of the leaks. He suggested that if they were going to pursue an RFP that they should also have an engineer advise them as to exactly what they expect to learn from the investigation. He does not object to further analysis but feels there needs to be a subject matter expert advising them as to what they expect to find.
Trustee Brooke wondered whether there was an alternative should a break occur.
Mr. Ledwith indicated that some water could travel from approximately where The Club is located down West Lake Road, but because of the diameter of the pipes in that vicinity they did not feel that it would carry enough volume and pressure to pressurize the west side of the lake.
Trustee Brooke responded that it might be worth investigating with an engineer as it could be materially cheaper to expand those pipes than to replace the underwater ones.
Mr. Lediwth indicated that the issue had initially arisen because the Village thought it would be better to have a plan in place before the main broke. Westin and Sampson will need to obtain Health Department approval in order to move forward with what they are suggesting and there is a permitting fee attached. “All that we know now, “he added “is that acoustically no one has been able to tell us that it is leaking,” he noted adding that perhaps they should reach out to another firm in an attempt to more clearly decipher what it was they were looking for. Following some further discussion, it was agreed that they would table the discussion until they could have a meeting with the Engineers to discuss the whole thing in greater detail. Create New Positions for Recreation Attendants, Three in Total, for Wee Wah Park Summer Checkers- Orange County Civil Service has informed the Village that the position of “Checker” is not an approved position by their standards. If the Village were to instead call these seasonal employees Recreation Attendants they would be in compliance. Nothing about the nature of the job would be any different. It is strictly an administrative change. Trustee Brooke indicated that he was hesitant to see the Village add additional civil service positions as they carried with them administrative weight and process for what is ultimately a short-term position. He wondered if the hiring could be outsourced. When asked for his view, the Board attorney suggested that the issue should be discussed further in Executive Session as generally speaking appointments would need to be made pursuant to the Civil Service law. Based on this suggestion, the Board agreed to continue the discussion in Executive Session. Approve Renewal of PERMA Third Party Administration Services- The renewal of PERMA third party administrative services was approved unanimously by the Board. Authorize Desiree Hickey to Work for a Maximum of 20 Hours at $20 per hour to Update Professional Fees- The Village is over a year in arears with collecting professional fees from applicants who have appeared before the Planning Board and the Board of Architectural Review. The idea is to have Mrs. Hickey assess the records in order to determine what is owed from each applicant so that the Village can in turn bill them and recoup the fees. The resolution was approved unanimously. Approve Tree Advisory Board Terms- Father Rick Robyn will be resigning from the Tree Advisory Board as his term is set to expire. Pamela Breeman has agreed to replace him. Additionally, TAB member Jill Swirbul has indicated that she would like to serve another two-year term. These appointments were unanimously approved. Disposal of Obsolete Equipment: 2001 IBM Thinkpad, Three Routers and a Hard Drive-
While cleaning in the Village office, Clerk Elizabeth Doherty came across a box containing some outdated equipment that was in disrepair. Following minimal discussion, the Board voted unanimously in favor of authorizing its disposal. Historical Society Request for Residential Water Rate- The Tuxedo Historical Society has asked to be charged a residential water rate rather than a commercial one for their new space in the former Chase Bank building. This would result in a savings to them of roughly $100 per quarter. They already pay a residential rate at their original location. The Mayor suggested that so long as their rate remained below minimal usage, this should be allowed but if they were to exceed that level of usage, they would revert to the commercial rates. He further suggested that moving forward, in an effort to be both fair and equitable, the Village should consider including the three churches in this offer. Following some discussion, the Board voted unanimously in favor of approving the request. Authorization to Advertise Invitation to Bid for Diver Harvesting Services – There was some concern on behalf of the Board members about the efficacy of divers and hand-harvesting of Milfoil. Clerk Elizabeth Doherty confessed that the reason this item was on the agenda was that she had already put out the invitation to Bid after the recommendation was made in a report from the Lakes Manager. She did not understand at the time that Board approval was needed. Ultimately the Board Attorney advised that the best course of action would be to cancel the invitation before any prospective bidders invested any time and/or money into the process. It was agreed that this would be done. Approve Generator for DPW not to Exceed $1,299- It was recently brought to the Mayor’s attention that the DPW does not have a generator and that one of the department employees has been providing his personal generator for their use. The Board voted unanimously in favor of approving the purchase of DPW generator at a cost not to exceed $1,299. Authorize the Tuxedo Joint Fire District to Reappoint Commissioner Edward “Benji” Brennan to a Five-Year Term Beginning January 1, 2023- The Board voted unanimously in favor of authorizing the Tuxedo Joint Fire District to reappoint Commissioner Edward “Benji” Brennan to a five-year term beginning January 1, 2024.
Public Comments:
Claudio Guazzoni thanked the Board for their diligence in not automatically approving the proposed 1 million dollar water main project in Tuxedo Lake. He outlined some of the work he had done when he was Deputy Mayor to investigate water loss. He cautioned that there are actually two pipes that run under the lake, each serving one side of the Village. He suggested that utilizing chlorine sniffers might help them to better determine where the treated water was leaking. He further suggested that installing meters on the mains might also help in this regard. He feels they should do a cost analysis to determine what they are spending to treat the water and then lose it (including wear and tear on the pumps and the chemicals needed to treat the water supply) as these costs could be much less than chasing the leaks.
Before adjourning into an executive session, the Mayor wished everyone in the Village Happy Holidays and Marry Christmas, further noting that the Board looked forward to seeing everyone again on January 17, 2024.
Village Board of Trustees Meeting November 15, 2023
The Village Board of Trustees met on Wednesday, November 15 at 7pm. All members were present, with Trustee Scherer participating via zoom.
Mayors Comments:
Mayor Citrin opened the meeting by congratulating Deputy Mayor Kasker on his recent election the Town Board, further noting that he would be sorely missed on the Board of Trustees. “He has provided insight and intelligence and a moderating influence for the rest of us and we thank you for your service,” he stated. The Deputy Mayor will assume his new position in January of 2024.
Next the Mayor announced an agenda change. The last item on the published agenda is the discussion of the creation of a “Pocket Park” scenic overlook off East Lake Road. Since the item was placed on the agenda, one of the abutting land owners, Sean Madden, submitted a memo of law with respect to his objections to the creation of a park. This letter has been forwarded to the Village attorney and upon his request, the item will be tabled in order to allow him adequate time to review the letter and look into the citations and points made so that he can in turn respond accordingly. The discussion will be picked up at some time in the future.
Town Council member and Village resident Michele Lindsay has been appointed as Chair of the Police Chief Search Committee. An organizational meeting of the committee, which includes Trustees Brooke and Kasker and PBA President Officer Sutherland, officially began discussions. Additionally, Mayor Citrin and Village Clerk Elizabeth Doherty met with the Civil Service Department of Orange County in Goshen, where they received a tutorial with regard to how such a search should be conducted.
The Village Communications Committee, chaired by Jedediah Turner, recently met with a representative of the cable company and together they drove through the Village in an attempt to assess possible locations for a cell tower. Ultimately, the representative has recommended that the Village consider the installation of mini-cells attached to various utility poles as opposed to a large Tower. This would require a radio frequency survey. The committee will be meeting with a second cell tower company in the near future and will be asking their opinion as well.
With respect to finances, the Mayor recently met with Village accountants, Cooper Arias, to discuss the annual financial report, which should be completed by the end of the year or early on in 2024. Once completed, a representative from Cooper Arias will make a presentation to the Trustees.
With respect to infrastructure, the Village has installed a convex mirror at a blind curb on Crow’s Nest Road in response to a request from a resident. They have also ordered and will install a second convex mirror on a blind curve along East Lake Road where it descends down towards the South Gate on the recommendation of Tate Sink.
Since taking office, Mayor Citrin has had the opportunity to meet with the Chairman and Manager of the Tuxedo Club, Headmaster Johnson at TPS and Superintendent White of the Tuxedo Union Free School District to discuss mutual concerns. He will be in touch with them again in the near future.
Lastly, with respect to the proposed landscaper and tree-cutter licensing agreement, there will be a meeting of stakeholders (including both Tree advisory Board and Lakes Committee members) on Sunday, November 19. The plan is for these learned individuals to suggest any prohibitions and regulations to be included in the agreement. These suggestions will then be brought before the Trustees and subsequently incorporated into the agreement with Board approval.
Opening Comments: Public Comments - Paula Giblin read into the record a letter written by Chris Bruner with regard to the proposed Pocket Park on East Lake Road. The Bruners are opposed to the Park, which would share their driveway access. They believe that the decision to use the small, steep, non-conforming lot as a public park goes against community welfare, is impractical and potentially motivated by “matters unrelated to the best interest of our Village.” They feel that if this use is truly going to be considered, the increase in foot traffic should be formally studied so they can fully understand its impact on the neighboring properties and their privacy as well as resident safety. Mr. Bruner urged the Village to reconsider their decision and further asked to be copied on any emails relevant to the proposed project as it will have a direct impact on his family. “Questioning my character and motivations publicly without ccing me seems particularly nasty and unnecessary,” he concluded. Lastly, Mr. Bruner suggested that he would be willing to collaborate on finding more suitable opportunities for the property that would benefit the community as a whole and provided some examples.
Mayor Citrin noted for the record that he had responded to a letter very similar to the one Ms. Giblin had just read that had been received the week prior and while he did not intend to go into the details of that response, he had provided Mr. Bruner with his phone number and also agreed to meet at the property to discuss.
“On a personal note,” stated Ms. Giblin “I would just like to add the Chris and Aileen Bruner have been longstanding members of the Tuxedo park Community and any public accusations of elitism on their part in terms of why they would be opposed to the park is really uncalled for and inappropriate….for public emails to be sent out making those accusations.”
“I certainly did not make that accusation,” replied the Mayor.
Michele Lindsay reported that the Town Board had completed the 2nd in a series of workshops focused on revitalization in the Hamlet district of Town along Route 17. The Town is putting together an RFP for firms to help develop a master plan for the Business District from East Village Road to School House Road. Once the plan has been finalized, they will be able to submit a grant proposal for New York Forward, which is a program funded by New York State which gives out monies for downtown revitalization projects. To date they have awarded nearly a billion dollars to various communities.
Trustee Brooke commented that he had received an email from the Public Advocate inviting people to visit the Pocket Park. He pointed out that nobody had the right to invite people onto Village property prior to the Trustees approving it as public space. He further expressed concern that because of the community wide letter, people might now go onto the property, where they could injure themselves and the Village would liable. He suggested that because of this and until they were able to get everything worked out, it would be appropriate to post No Trespassing/Private Property signs there.
Claudio Guazzoni commented that he had recently been told by a member of the Greenwood Lake Police Department that roughly 2-years ago a car had been stopped for a traffic violation late at night in Greenwood Lake and the driver of that Vehicle claimed to be the Police Commissioner of Tuxedo Park, producing a badge and ID card that identified them as such. The driver then suggested that these things should entitle him to be let go without infraction. The police officer confiscated the ID and badge and turned them over to the Tuxedo Park police department. Upon further inquiry, the officer learned that all Tuxedo Park Trustees save one had been issued similar badges and ID cards, identifying them as Police Commissioner. The remaining Trustee insisted that he be identified as a Trustee. “Such was life under former Mayor McFadden,” noted Mr. Guazzoni. “My question is not about what was a Tuxedo Park Trustee doing in Greenwood Lake late at night. My question is more to the issue of why would the ex-Mayor give out Police Commissioner badges and ID cards to all of the Trustees when Tuxedo Park does not officially have a Police Commissioner? I would like to see the same Trustees and ex-Mayor McFadden turn in their Police Commissioner badges and ID cards so that they can all be reissued ID cards that merely state Village Trustee. I would also like to give the opportunity to any Trustee who didn’t take part in getting a Police Commissioner badge or ID card to publicly state so for the record.”
Sean Madden commended the Village for taking the time to deliberate about the park proposal. “I look forward to engaging with the Village attorney about our very serious concerns about the legality of putting a park on this site. There has been a lot of disinformation and outright lies spread about this parcel of land over the years. Village residents are smart. I invite you to compare the detailed comment letter I submitted to the Board regarding this proposal and which is available publicly on TPFYI….and decide for yourself who has more credibility speaking about this particular piece of land and the law surrounding it. (Click here to view Mr. Madden's letter) I’m not going to touch on the legal part, but my letter had demonstrable facts not opinions, including the slope of this parcel which is 26 and ½ degrees. That’s an engineering fact. It is not subject to interpretation. Spot slopes on this parcel exceed 30 degrees. As Trustee Brooke just pointed out, why would the Village invite residents into a demonstrably dangerous place while also exposing taxpayers to potential liability? I’ll also point out that New York has a model law regarding steep slopes and it applies to slopes over 25 degrees and it recommends that those slopes not be disturbed at all…not at all….because of the risk of erosion on those kinds of slopes. If you look at the slope, you will that it is lose, rocky soil. It has already suffered from bad erosion and that risk of erosion is just heightened….the bottom of that slope is our drinking water. So, I invite residents who want to learn more about this proposed park to go to TPFYI and read my letter. Then last thing I will point out is that my letter also includes an offer to purchase this parcel for $25,000. Last time the deal was scuttled…we had an agreement at that price….because of Mr. Guazzoni’s baseless threat of litigation. I’ve taken that issue off the table by agreeing to indemnify the Village. Let me put $25,000 into context. It is $16.67 per square foot. On a per acre basis, that is $726,000. That is more than we paid for our two-acre lot, which allows us to build a house. This parcel doesn’t increase the buildable size of our lot 1 inch because of the slope it’s on. It’s a very generous offer. The Village has the option of keeping this parcel the way it is and benefitting no one in the Village or selling it to us for $25,000 because we can absorb it into a code-compliant lot. Take that $25,000 and invest it in a new park, whether it’s at the south end of the lake or another site or to build a playground at the Wee Wah Park, which would benefit the entire community. I urge everyone to read my letter, consider those options…and I urge the Trustees to vote tonight to sell that parcel to us.”
Martin Pomp commented that he wanted to follow up on a letter he had sent to John Ledwith and the Trustees two weeks prior, to which he has not received an answer. He is concerned about the safety of Ontio Road, where there are seven major gaps where there used to be boulders/road barriers that are no longer there. “As we approach winter and icy conditions, I’m really scared to drive on that road and I think that my neighbors have expressed that as well.” He further wondered who would be liable should there be an accident there. Would it be the Village or the owner of the land on which the boulders rest (less than 1-foot off the roadway)? “I would just like to get some clarity as to what’s going on, both with respect to my letter and the situation governing road safety and who’s responsibility it is.”
Mayor Citrin indicated that the Village was in receipt of Mr. Pomp’s letter and that the issue of the boulders on Ontio road had been discussed prior to having received it. There were concerns raised by the homeowners below the road, who felt that the boulders posed a hazard should they be dislodged, roll down the slope and strike some of their property. An initial investigation was conducted in order to determine whether the boulders are located on the Village right-of-way or if they are on private property and they believe that at this point in time the boulders are located on private property. “We will continue to work on this,” noted the Mayor, “because I understand your concerns about Ontio road and the steepness of the drop-off…and the fact that there are other roads as well in the Village that require replacement boulders. We’ve had conversations with residents on West Lake Road towards the south end and concerns about people inadvertently driving into the lake and we will continue our discussions. However, it appears at this point that those boulders are the responsibility of the landowner.”
Mr. Pomp responded that logically the risk of somebody going off the cliff seemed a more pressing issue than the boulder potentially damaging property. He reiterated his concern for the safety of people traveling that road, especially in the winter and further commented that it seemed crazy not to deal with it by placing some boulders.
The Mayor responded that more than boulders, he felt they might consider installing a guardrail there. He suggested that Mr. Pomp take a look at the guardrail at the end of Lookout Road and let him know what his thoughts were indicating that they could continue conversation moving forward.
Mr. Pomp thanked the mayor but reiterated that he was hoping for some finality moving into winter.
Ettore B commented that he was the property owner below the boulders. He indicated that in addition to concern over the boulders possibly damaging property, there were also people in the home and walking along the street just below them every day. “I think the risk to human life and human limb is as serious as was previously reported by the other gentleman.” He further indicated that he had had some discussions with the owner, but that he did not feel he had made any significant progress through these in terms of him taking any responsibility for moving the boulders. “I do think it is a Village Broad issue. I understand the Village has all kinds of legal liability it does not want to undertake and I fully respect that.” He went on to suggest that perhaps they could meet in “a smaller session” and brainstorm in an effort to come to a common conclusion. Mayor Citrin responded that he would follow up in this regard. Trustee Comments – Deputy Mayor Kasker thanked all of the Village voters who had supported him “overwhelmingly” in the recent election. “It’s humbling,” he noted. He looks forward in starting in January to look after the best interests of the Town and the Village.
Trustee Brooke had no comments.
Trustee Shaw read into the record the following statement:
“Mayor, Trustees and residents, I would like to set the record straight about the false and inflammatory statement resident Claudio Guazzoni made about me in the BOT meeting on October 18,2023. I was not a trustee in 2017 or 2018, and did not grieve my taxes those years.
However, Claudio Guazzoni was a trustee in 2016 when I did grieve my taxes.
In fact, here is what happened with the Board of Assessors in 2016, when Claudio was a Trustee: February - Shaw grievance - denied.
Claudio Guazzoni’s parcel 104-1-13, known as First Island Nominees – approved. Taxes were reduced by $3,290.86
June – Tax Certiorari settlement for First Island Nominees parcel 104-1-13 leading to a further reduction of $2,077.28 . In total, Claudio Guazzoni’s taxes were reduced by $5,368.14…a reduction of 22.7%. Mine was zero. Thank You.”
Trustee Scherer congratulated Deputy Mayor Kasker, further commenting that while he was happy that Kasker had won by a landslide, he had mixed emotions as he would truly be missed on the Board of Trustees. “You’re going to be very hard to replace. Thanks for everything you’ve done on this board.
Reports Oral and Written:
Click here to view the Police Report
Click here to view the DPW Report
Mayor Citrin inquired as to what had happened with the milling work on Tuxedo Road that had been scheduled for earlier that week but had not taken place. DPW Superintendent Voss responded that the contractor had one of their machines break down. The milling will take place Monday and Tuesday of next week with the paving to take place the Monday after that.
Click here to view the Building Department Report.
Approval of Meeting Minutes:
There was some disagreement among the Trustees over a particular section in minutes from their October 18 meeting. Trustee Shaw expressed concern with the fact that only one of the resolutions, pertaining to the Sterling Carting contract, had editorialized comments included with it, while the others did not. She agreed that she would like to make a motion to amend the minutes and eliminate the section in question and further suggested that moving forward she felt that the minutes should reflect “strictly what the resolution is instead of writing some commentary on each.” This was discussed at some length. Deputy Mayor Kasker indicated that he had no objection to what was in the minutes, further stating that what had been included was the historic background of dates and times as well as information explaining why the resolution had been signed late. “I have no problem with it,” he concluded. Mayor Citrin agreed, further commenting that he didn’t think they could completely “whitewash” the history and he felt that the preamble was appropriate in this particular instance. Trustee Shaw pointed out that the reason she was objecting to it was because there had been a reason for not extending the contract and it was not because the prior administration forgot about it. The reason was not included in the minutes.
“Well,” the Mayor, “Please feel free to state the reason why the contract expired in November of 2022, which had provisions for three yearly extensions but was not extended…and what action was taken by the previous administration to ensure that garbage collection would continue on something other than a fingers-crossed, month to month basis. The floor is yours.”
Trustee Shaw explained that there had been an agreement between the Mayor and Sterling Carting but the company was on probation because of some things that they had not been doing, so it progressed to month-to-month.
Mayor Citrin replied that at any time during the month-to-month coverage, when there was no contract, Sterling Carting could have decided to stop providing services and then where would the Village have been? “So, I believe the preamble is appropriate. Whatever reason you had as the Deputy Mayor for not renewing it is your reason…which you just explained.”
Trustee Brooke commented that he didn’t feel this was a big issue. He suggested that they add in a phrase explaining that there had been a month-to-month agreement with Sterling Carting as a result of something they had done. This way the preamble would reference the reasoning and they could move on.
Trustee Scherer agreed with Trustee Brooke that this should not be a big deal. “I’m not sure why we are making a big deal out of it. I don’t feel this is a good use of time. I feel like we can approve the minutes at the next meeting,” he stated.
“We either agree to change the minutes or not,” stated Deputy Mayor Kasker.
Trustee Scherer then wondered whether it was an issue of setting new precedent, allowing preamble in meeting minutes, and if they did not normally do it, the question was why now?
This was considered and discussed for several more minutes after which the Board voted 4-1 in favor of approving the minutes as they were and not eliminating the preamble, with Trustee Shaw voting no.
Old Business: Village Elections – Resolution to allow Orange County Board of Elections to run future Village elections – Mayor Citrin noted that he had been very impressed with the way the County Board of Elections had run the Town election the week prior, further noting that results had been available 90 minutes after the closing of the polls and that voters had been able to follow the tallying of votes as they came in from each of the 4 districts online in real time. He asked Town Councilperson Lindsay for her thoughts and she responded that things always ran smoothly with the County and that their involvement also allowed for early voting with those tallied and included in the count on Election Day. The Mayor added that he had recently read that commencing January 1, the State of New York will permit mail-in voting as part of the process and that this would make things more complicated for the Village Clerk, who has already publicly indicated that she would prefer a transfer of this authority to the County. He further stated that the events of last June with the absentee ballots would not have taken place had the County Board of Elections been running things as people would have had the opportunity to cure their ballots.
The Deputy Mayor commented that he had been present during the tallying of votes in the Town the week prior and it had been a smooth and easy process. He supports the change.
Trustee Brooke commented that when they had discussed the issue a month earlier, he asked the attorney to put together a list of pros and cons, which he had not yet seen. That being said, given the litigiousness of what occurred in the Village this past June, he wants to ensure that nothing like that ever happens again and therefore, so long as the attorney verified that they could take control back should any issues arise, he favors making the change.
The Village attorney then verbally verified that they could take control of their elections back by resolution at any time if they wanted to.
Trustee Shaw commented that the Town was lucky that a TRO had not been filed on the day of the election., further suggesting that if this had happened, things probably would not have been so quick and easy.
Trustee Scherer indicated that he was supportive of making the change.
The time line for making the decision was discussed and it was determined that they would need to give the County 6 months of notice before having them take over. Trustee Brooke then wondered if they would have to provide 6 months of notice in order to take control back. The Village attorney explained that the process for making this change involved allowing time for the public to request a referendum vote if they wanted to in addition to allowing the Board of Elections time to prepare….thus the 6 months. He did not know how long the process of rescinding the decision would take, but indicated that he felt it was a shorter process.
Following some further discussion, the Board voted 4-1 in favor of making the switch, with Trustee Shaw voting against. Resolution authorizing the Mayor to sign collective bargaining agreement with IBEW – This is the contract for the DPW workers. In June, Mayor McFadden signed a Memorandum of Agreement with the IBEW. The union is now looking to establish an effective collective bargaining agreement, to be executed by the Mayor, incorporating the Memorandum of Agreement and its terms. Currently, the Village attorneys are working on this and are awaiting some information from the Union attorneys. Following some discussion, the Board voted unanimously in favor of authorizing the Mayor to sign the agreement subject to the approval of the Village Attorney. Exemption from County Taxation – Modify resolution 1018-05 from October 18, 2023 minutes to include section, block and lot of property located in the Town of Tuxedo for use of Village of Tuxedo Park water system – This resolution was passed unanimously. Authorization to hire Part-Time Police Officer Stefan Christan at an hourly rate of pay of $27.30 per hour Monday to Friday and $32.96 on weekends – This resolution was passed unanimously.
New Business: Discussion of Pond 3 Bridge structural improvements- A survey of the Pond 3 Bridge was conducted back in 2020 as part of the process of building the Wee Wah dam and unfortunately, it showed that the bridge is deficient. More recently, the Village asked their current engineer, Westin & Sampson, what it would take to evaluate the bridge. They would like $3,500 to do another evaluation so they can reach their own conclusions about what needs to be done. The question as to whether the Village needs another, more current evaluation or whether they can ask Westin & Sampson to make the repairs based on the old evaluation was raised and discussed. Mayor Citrin believes there might be some cost savings if they are able to use the older evaluation. Building Inspector John Ledwith explained that in recent years the Village has “lost a little confidence” in the old engineer due to some deficiencies they have found in the dam and this is why they sought a second estimate from the current engineer. He further noted that Westin & Sampson (current engineer) had helped the Village to make repairs to the Warwick Brook Road bridge several years back and had assisted them in designing a project that allowed the Village DPW to do the majority of the physical work themselves. Deputy Mayor Kasker commented that he didn’t feel the Village needed to pay another engineer to tell them what they already knew, which was that the bridge needs repair. Rather, they should be looking for a proposal for making the repairs. Mr. Ledwith responded that Westin & Sampson had not seen the survey from the other engineering firm, so logically they felt the need to view and assess the bridge for themselves. The Deputy Mayor suggested that they should re-approach Westin & Sampson, tell them that they already knew the bridge was broken and ask them to make a proposal for the repairs. The idea of asking a third engineer for an independent evaluation was raised, briefly discussed and dismissed. The issue is that Westin & Sampson doesn’t know that the Village already knows that the bridge needs repairs. Ultimately, it was agreed that this would be tabled and move forward with cost saving in order to get the kind of proposals they need in order to do the work that needs to be done. Discussion of reduction of Village speed limit to 25 mph- In August of 2022 Governor Hochul signed a law that allows municipalities to reduce the maximum speed limit to 25mph. Mayor Citrin feels that this is something that might be worth considering in light of the nature of the Village roads with the lack of shoulders and the precipices and the close proximity of roads to the lakes. “A reduction in the speed limit for safety of pedestrians and cyclists and motorists alike, is something we should seriously consider,” he stated, further suggesting that ultimately this was something they might put to referendum as it would impact everyone in the Village. He then asked Police Chief David Conklin for his thoughts. Chief Conklin responded that he had been a strong advocate for reducing the speed limit to 25mph for quite some time. The Village has narrow, windy roads with no shoulders. To his knowledge, there have been at least two vehicles that have driven into the lake in recent years. He feels that 30 mph is too fast for many of the roadways and supports a reduction. Mayor Citrin asked the Chief if in his experience, most speeders tended to exceed the limit by 5-7 mph and whether he thought that if they reduced the limit to 25, people might actually go 30 instead of 35 or 40. Chief Conklin answered yes to both questions. Trustee Shaw suggested that they had already begun the process of lowering the limit in certain areas. The Chief concurred that signs had been placed in certain high-traffic areas but these were only suggested limits and were neither regulatory nor enforceable. Trustee Shaw wondered whether they could simply make the limit enforceable in those areas. The Chief replied that it would be much easier if they made one universal speed limit with signs at each entrance, further suggesting that if they were to create different speed zones in different areas around the Village that there would be signs everywhere and that could easily become an aesthetic issue. Mayor Citrin added that according to DPW Superintendent Voss it cost $105 per sign to replace. The Village attorney recommended that the Village employ a traffic engineer to undertake a formal study and as a part of that, based on comments made earlier that evening, that they investigate a railing along Ontio Road. It was agreed that John Ledwith would look into this. Trustee Scherer suggested that they expand the study to include other areas of the Park where there are dangers on the road and what could be done to make things safer. Levy unpaid Village taxes onto the Town/County tax bill- The resolution was approved unanimously. Authorize the Fyke Nature Association Annual Bird Count- This was approved by unanimous vote. Accept quote from Greene County Commercial Bank for Police vehicle financing – Following some discussion about the possibility of obtaining a lower quote, the Trustees voted unanimously in favor of authorizing the Mayor to accept the best quote possible for the police vehicle financing. Authorize Denise Spalthoff to sign off on regularly occurring vouchers- The Board voted unanimously in favor of authorizing Deputy Clerk Denise Spalthoff to sign off on regularly occurring vouchers within the Police Department.
Closing Comments: Public Comments – Paula Giblin noted that at the previous meeting there had been some misinformation circulated regarding future plans for the police force and the Mayor’s response had been that his plan would be forthcoming. She wondered whether such a plan had been publicized anywhere and whether the Mayor would like to address what his future plans for the department were.
“I have no plans to change the Police force in any shape or form other than to get a new Police Chief,” responded the Mayor.
Claudio Guazzoni stated that he wanted to draw everyone’s attention to the Heron Cove parcel owned by the Village. “It’s a very pretty parcel, especially at sunset,” he said. “The Village should not sell it. However, if the Village does sell it, it should sell it through public auction. I myself have a standing bid for this parcel at $150,000. I don’t think that’s a lot because I think this parcel is very precious and I think it’s worth $250,000 or $300,000.”
Sean Madden suggested that Mr. Guazzoni had obviously never read the Village zoning code. “We have a 4-acre residential zoning code in the Village of Tuxedo Park. The Village is not authorized to (nor would any resident support) create a stand-alone lot on a 15 by 100 foot plot of land that’s 1,500 square feet. It’s 3.4% of an acre. It’s a joke. This has previously been discredited. I have previously submitted a lengthy legal analysis, that the previous Village attorney agreed with, that there’s simply no basis to sell this parcel on a stand-alone basis. If it’s going to be sold, it can only be sold to a neighboring property that can absorb it into a code-compliant lot. New York law is very clear on that. Mr. Guazzoni can continue to gaslight our community with lies, but the facts and the law are clear and I would invite the new Village Attorney to opine on that issue when he is ready to….because the law is very clear on this.”
Mr. Guazzoni tried to refute this however, the Mayor would not allow it, and as there were no further comments from the public, the comment period was closed.. Trustee Comments – There were none.
The Board then adjourned into an executive session to discuss both a personnel matter and a matter related to water rates.
Village Board of Trustees Meeting October 18, 2023
The Village Board of Trustees met on Wednesday, October 18 at 7pm. Board member Josh Scherer joined the meeting via Zoom.
Mayor Citrin opened the meeting with a moment of silence to respect and honor and never to forget the slaughter of innocents, particularly in the State of Israel, and also for everyone to give a silent prayer for the safe return of the 200 or so hostages that are being held in Gaza.
Mayor’s Comments:
“I don’t know how many of you received the missive from the former Mayor with respect to issues involving the Police Department,” began Mayor. Citrin “In that missive he made certain claims that I had plans to do certain things with respect to the Police Department and he claimed that he received his information from Police Officer Dan Sutherland, who is the president of the PBA. Dan read the missive and has agreed that I should read the following statement into the record: Hi Marc, David McFadden put out an email with my name on it with inaccurate information. I am not behind that in any way and do not agree with it. You did not propose anything to me, just asked me how I felt about a few things. And you specifically told me you were not looking to get rid of midnights, so I don’t know where that’s coming from. I asked him to refrain from including me in this type of email in the future.” The Mayor continued “So, there you have the response from the source that former Mayor McFadden quoted. With respect to this particular incident, I have no further comment, I only want to say that that I understand that the former Mayor likes to stir the pot, but from my prospective the only goose that’s gonna get cooked in the pot is his.” Moving on, Mayor Citrin noted that there was quite an extensive agenda for the evening, which was indicative of the initiatives he is proposing in the Village. He views these initiatives as proposals that should be discussed in great detail over a period of time in order to allow for reflection by the residents, and open discussion. Only after full and complete discussion has taken place will resolutions be presented to the Board. He has asked the attorney to speak with regard to his proposal to have the Board of Elections take over Village elections and he has also asked him to address the issue of public referendum as he firmly believes that the public should have a voice in determining major decisions regarding the governing of the Village. He is in favor of putting questions to the public with respect to those issues that he feels the public should speak on. “Whether or not the Board of Trustees votes in favor of or against a particular initiative that I am making, I will ultimately request that it be place on a referendum so that you as the voters will have the final say as to whether it becomes law.”
Opening Comments: Public Comments –Jay Reichgott noted that there were some issues under the New Business section of the agenda pertaining to engineering issues, specifically I&I, which are sewer issues. Mr. Reichgott is a Town Councilman, and the Town is dealing with I&I issues of a similar magnitude to the Village. They are about to complete an RFP for a sewer repair contract and they have made sure to put in language that will allow other municipalities to “piggy back” onto their contract. Secondly, he stated that he would like to speak to Item M on the agenda, the retention of a certain person as Village Special Council. “I’m not qualified to speak as to whether or not the legal action makes any sense and I don’t know the attorney, so I assume that this person is qualified. This person is a close, personal friend of one of the Board members.”
“Who is a close personal friend?” inquired Trustee Shaw.
“Is Ms. Gilbert not a friend of one of the Board members?” responded Mr. Reichgott.
“My life partner….yes,” stated Trustee Brooke.
“Without suggesting anybody is doing anything illegal or unmoral against the constitution, generally it seems unseemly that somebody with that close a relationship would be in the employ of the Village,” stated Mr. Reichgott. Sean Madden commented that he had not originally intended to speak on this issue but changed his mind. He himself is a lawyer and he knows Elisa Gilbert and feels that she is a terrific lawyer “She’s taken this case on, as I understand it, on a fully contingent basis that will cost the tax payers nothing and could potentially get a very substantial recovery on behalf of the taxpayer. I believe the Board has a fiduciary obligation to pursue that, so I respectfully disagree.” He went on to say that he had been pleased to hear the Mayor speak about advise and consent and open discussion. “It seems like a delicious irony since just weeks ago this Board unanimously approved the composition and leadership of our important boards in the Village, including the BAR. Yet just recently you unilaterally, and without advice and consent…as far as I can tell without any discussion, purported to remove Mr. Lynch as Chairman of the BAR for reasons that are unknown. But this didn’t happen in a vacuum. Mr. Lynch, who is here tonight, probably accused you of engaging in inappropriate conduct on behalf of a personal friend of yours, who has been before the BAR and who I might also add has been engaged in litigation with the Village and, the best I can tell, has repeatedly flouted our Code. Mr. Lynch further alleged that the Mayor tried to bully him into resigning and when he refused to do so, that you committed to removing him from his position, which you claimed to have done. I expect the Mayor to address these troubling allegations. But my question is for each of the Board members and it’s about process, not the substance of these allegations, which I have no first-hand knowledge about. But before I get to that I do want to say I took hours today to watch the recent BAR meetings and especially the ones involving this troublesome applicant….and I must commend Mr. Lynch for his professionalism and patience in the face of what can only be described in some cases as abject rudeness and inappropriate behavior. With that said, I submit that the public interest demands that any discussion of demoting or removing a member of the BAR should be held in public session. You have the right to go into executive session but, as council will confirm, it’s discretionary….and as the Committee on Open Government has opined the ability to go into executive session to discuss a personnel matter is primarily for the privacy interest of the person being discussed. Mr. Lynch doesn’t want to get railroaded in private. He prefers a public discussion. And so, there is no reason to take that discussion to executive session. Our Sunshine Laws, the Open Meeting Laws, take their name from Justice Brandies’ very famous quote that sunshine is the best disinfectant. My question to each of you Trustees is: do you agree that the demotion or removal of any sitting member of the BAR should be subject to public discussion and not be done in executive session? If you disagree, please explain why. Thank you.” Peter VanZandt addressed the Board with regard to the health of Tuxedo Lake. He has requested a stocking of the lake in November of this year as a culmination of 10 years of stocking. Within the lake there exists two creatures called phytoplankton and zooplankton. Zooplankton eats phytoplankton, which is plant based. In the 1960s, herring were introduced into the lake and over time they began to eat the zooplankton and as a result, there was nothing to left to eat the algae. Without trout, to eat the herring, this allowed phytoplankton to explode in the lake. Mr. VanZandt watched the quality of the lake deteriorate over the course of several decades and finally in 2011/12 he decided he needed to take action. With the help of others, he was able to raise over $12,000, which he used to stock the lake with 16-inch trout. The results were both quick and dramatic. Instead of the lake remaining a brown or green color all summer long with high PH levels, it cleared up and turned blue. The Trout began eating some of the herring, who had been in turn consuming the zooplankton, who were supposed to be eating the phytoplankton and keeping the algae under control. He has been working to stock the lake annually ever since and it has remained relatively clear with normal PH levels. They have succeeded in putting a 50% dent in the herring population. He believes that with one more stocking, the balance will be capped and there will not be a need to re-stock for at least 4 years. He believes that the stocking is to the benefit of everyone. Among other things, it will help to prevent the formation of blue/green algae. Ryan Lynch stated that as he understood it the Mayor wished to discuss removing him as Chair of the BAR in a closed door session. He expressed his wish to have the issue discussed in a public forum. “The line was taken from me but…. sunshine is by far the best disinfectant,” he stated. “Questions I have: What is your cause? Second, why would I still remain on the BAR as a member, not Chairman, if there was just cause to remove me? Third, it is entirely inappropriate for you to put pressure on this BAR and show favoritism. The same rules apply to everyone equally. Thank You.”
“The only comment I have,” responded Mayor Citrin, “is that I never requested your resignation.”
“That is a bold faced lie,” replied Mr. Lynch. “You didn’t request it. You demanded it.”
The Mayor commented that the issue would be addressed at a later date reiterated his stance that he had not asked Mr. Lynch to resign.
Trustee Brooke asked for clarification as to whether the Mayor was talking about Chair resignation or Board resignation and Mr. Lynch responded that the Mayor had asked him to resign as Chairman while remaining on the BAR.
“I refute that,” stated the Mayor. “But we will discuss this further.” Wilkie Paes read the following statement into the record: “Dear members of the Board, My name is Wilkie Paes and this evening I would like to speak about our experiences with the building process in Tuxedo Park. We purchased out lot roughly in 2018 and construction did not begin until 2022. Our approval process took approximately 3 and ½ years. It was a confusing, inconsistent process. We were volleyed between boards and were not given clear answers until the end. We had to make numerous, numerous enumerations to satisfy both the boards and our neighbors. In comparison to our past experience, we have had a pleasant transition with the current BAR. Answers and suggestions are given directly with reason, while still following written guidelines. During our process we were also given strict guidelines and recommendations for outdoor materials. We were asked to incorporate materials to make the home look like it’s always been there. For example, we have incorporated the finest materials such as slate roof, wooden windows, Tuxedo stone, limestone and bluestone. While expensive, we did not question it because, like other Tuxedo residents, we feel a responsibility to preserve the quality of homes and in turn uphold the character and charm of Tuxedo Park. We can all agree that Tuxedo Park is a beautiful and unique community with picturesque estates and homes. What sets it apart from other towns are the guidelines by which we hold our community members responsible. The current BAR team is doing a phenomenal job in maintaining the standards of the Park, while also ensuring a smooth and seamless process for its’ homeowners. Thank you for your time.” John Carcone, an attorney representing Claudio Guazzoni commented that they had recently been engaged in some protracted litigations whereby they had offered to allow those Trustees who were unopposed to be released from the lawsuit, but the lawyer had insisted that they remain involved, resulting in what he believes to be unnecessary legal fees. “I understand that there is a desire for revenge and retribution and I would caution you Mayor specifically from advocating what I firmly believe is your fiduciary duty and legal obligation to appoint or terminate anybody who is in the employ of the Village by appointment and not subject to collective bargaining.” He noted that he had written and sent a letter to the Mayor with CC to the Trustees and Elizabeth Doherty. “I would encourage you to take this seriously because my client certainly does not wish to continue to have to litigate to get the Village to comply with law and regulations that are out there.”
Claudio Guazzoni read into the record a letter he wrote and submitted to the BOT as follows:
“This letter serves as an official complaint by the Public Advocate and FOIL demand regarding the legal hiring of an attorney, Ms. Gilbert, to represent the Village of Tuxedo Park in connection with a recent filing with the NYS Supreme Court in a case that was disposed of a month ago. This letter is from my attorney. Dear Mayor Citrin, This firm represents Claudio Guazzoni individually and as a resident and taxpayer in his capacity as Public Advocate for Tuxedo Park. The Public Advocate for Tuxedo Park is a not-for-profit, non-governmental organization and acts as a community watchdog, which also publishes a periodic public affairs blog that is available to the entire community. I write to you concerning a serious matter that is of great concern to the Public Advocate that may also be of concern to the taxpaying citizens of Tuxedo Park regarding the conduct of an attorney, Ms. Gilbert, who has improperly and without legal authority filed papers in State Supreme Court stating under oath that she represents the Village of Tuxedo Park, when she didn’t. Please be advised that pursuant to NY Village law only you as Mayor have the legal right to hire and fire not only the Village attorney but anyone who is hired to represent the interests of the Village of Tuxedo Park. You should be aware that the highest court in the State of New York has opined on this matter and it is clear law. Additionally, a consent to change attorney does not carry over from one Mayor to another. If we should proceed with allowing what amounts to be a hijacking of your legal and fiduciary responsibilities by allowing anyone other than you to appoint an attorney to represent the interests of the Village, you can be held not only liable personally, but also accountable for any actions taken on behalf of the government and for any expenditures made to anyone in furtherance to the illegal representation. I am hereby putting you on notice, as well as Trustees and treasurer to the Village, that you must direct this individual, Ms. Gilbert, to cease and desist from further perpetrating that she acts for the Village as an attorney in the above subject matter or in any other capacity unless or until you as Mayor appoint her and a majority of the Board agrees. In the event that you decide to follow the law as I have outlined above, which you should, be wise to hire a competent council to do so, you leave me no choice but to commence….”
The Mayor interrupted Mr. Guazzoni noting that he was going to address the issue now, as he could tell it was going to come up in the future. He further commented that he was going to have to recuse himself on the issue. “The Village has hired an attorney to sue me and Mr. Guazzoni for legal fees. The amount is probably several hundred thousand dollars and I can’t talk about that. I am recused on that and I am going to leave the room when the resolution comes up with respect to hiring this attorney, Ms. Gilbert. However, I received this letter from John Carcone this evening that addresses me as mayor and is asking me to take certain actions as Mayor…not as the candidate who is being sued by the Village but as Mayor and under those circumstances there is an inherent conflict in me vs. the Board of Trustees…and all I have to say on it is that there’s a case, I’m handing it to the Trustees now, Matter of the Village of Pomona against Banks, decided by the second department earlier which provides that in cases such as this where there is an inherent conflict between the Mayor and the Board of Trustees (and in this case it’s the Board of Trustees suing the Mayor) the Mayor is entitled to what’s called Conflict or Independent council. I need to get legal advice from someone other than the Village attorney and someone other than Elisa Gilbert. So, I am going to request authorization, unfortunately, for conflict council because the appellate division says that it is the responsibility of the Village and the Village taxpayers to cover the cost of this Conflict Council. At this point, I am in conflict with the Trustees and I have to have independent council as Mayor, not as Marc Citrin the candidate, because I am being asked to do and take certain actions with respect to the hiring of Elisa Gilbert.”
Matthew Tenari inquired as to whether or not it would make a difference if Deputy Mayor Kasker were to make the determination with respect to hiring Elisa Gilbert.
“A lot just happened within the two hours before this meeting,” stated Deputy Mayor Kasker. He further indicated that when it was appropriate, the Trustees would enter into an executive session to have this discussion with their council. Chiu Yin Hempel stated that she would like to speak in reference to the opening statement made by Chair Ryan Lynch at the October 16 BAR meeting. “I served on the BAR as member and also as Chair from 2003-2009, so I have some knowledge of how this Board works. The design guidelines, referenced by Mr. Lynch as the review Gold Standard, were put in place by a past BAR Chair, Paola Tocci. A lot of good was created in Tuxedo Park’s yesteryear BAR, which Mr. Lynch doesn’t seem to think very much about. Every person who serves on the BAR should act with fairness, collegiality, decorum, humility and respect for each other and for the applicants, their professional advisors and neighbors. We do our best as volunteers and make our best decisions by striking a fine balance between preserving architectural standards, adhering to common sense and promoting good will among neighbors. It’s a very difficult task and one that is not amenable to taking absolute positions. Not everybody comes away happy and often compromises are made but they are not collusions. I’m very saddened to see the divisiveness that has plagued our Village this year is now gripping the BAR, when Chair Ryan Lynch openly accuses two BAR members of some undeserving motive for not being present at the BAR meeting this past Monday. To straighten the record, Christopher Gow was absent not because of some plot. He left for the UK on October 8 to celebrate his mother’s birthday with her and he won’t be returning until later this month. I hear that Stephanie Rinza is traveling on business. As an observer, I think at the very least Chair Lynch may wish to owe an apology to his colleagues and to all past members and Chairs of the BAR and I hope that he will consider my observation that BAR review is not about taking absolute positions, but involves using judgement and common sense to reach optimal decisions that sometimes may involve compromises.”
Speaking on behalf of Ryan Lynch, Jonathan Pomeranz stated that he had been present when the Mayor had a phone call with Ryan and asked him to resign from his Chair seat. He has also seen correspondence stating the same. Trustee Comments – Deputy Mayor Kasker did not have any comments. With respect to the litigation,Trustee Brooke commented that he felt it was clear that the period covering litigation ends prior to the election in Tuxedo. “So the Mayor is not part of that litigation in his capacity as Mayor. He’s part of that litigation as a person who supported Claudio Guazzoni’s attempt to stop the election. Just so you know, the legal issue is pretty clear, but it doesn’t cover anything related to his having become Mayor and it ends well before that. It ends when we were allowed to count the votes. I’m happy to hear more information but you should be aware that is the core issue.”
The Mayor countered that the letter from Mr. Carcone asked him to take certain action as Mayor at the present time. “Obviously the election is over. That is why I am in conflict with the Board with respect to their litigation and the hiring of Ms. Gilbert. We can discuss this further in executive session.” Trustee Shaw did not have any comments.
With regard to the Village lakes, Trustee Scherer reported that a recent survey of all three lakes showed that there was no Eurasion Water Milfoil in either Pond Number 3 or the Wee Wah and that there was only a limited amount detected in Tuxedo lake, located near the Village boat dock. This is likely the result of the fact that treatment can’t be used within a quarter mile of the water intake as well as some dilution from Acoma Stream. Divers will be used to pull the remaining milfoil in the spring, with quotes for that service to follow. Another survey of the lakes will be completed in June of 2024. With the absence of the milfoil, the native eel grass has started taking over. This non-invasive species provides good cover for fish. Further commenting that Peter VanZandt was a great resource for the entire community, Trustee Scherer noted that trout do eat herring and therefore they are an important part of balancing the ecosystem and protecting the clarity of the lakes. He feels this is something they need to look at. He will be collecting quotes and coming to the Board with a proposal for a deep water survey of the fish stock so that they can gain a true understanding of the fish ecosystem and what needs to be done to protect them. He continues to explore several potential projects including the oxygenating the lakes and landscaping to include the use of riparian barriers in certain parts public land to slow storm runoff.
The Mayor asked Trustee Scherer if he had a recommendation with regard to fish stocking and Trustee Scherer responded that he felt they should move forward with it but he did not feel it should be controversial. “There is no downside, but there is lots of upside.”
Reports:
Click here to view the Police Report
Click here to view the DPW Report
Road paving will begin at the end of October. Roads to be paved include Tuxedo Road, West Lake Road and portions of Serpentine Road.
Click here to view the Building Department/Capital Improvement Report Wee Wah Park – Representing the Wee Wah Park, Matthew Tinari provided the Board and public with an update. The Park has generated money over the past two years, making more in 2023 than they did in 2022. The things they focus on to measure success are: Memberships (which drive revenue), Profitability (after expenses), the ability to fundraise and attract donations and general membership feedback. Memberships in 2023 increased to 167 from 129 in 2022. Revenue, including donations, increased to $69,000 up from $49,000. This was largely driven by a one-time donation of $25,000 from the Madden family. The Park generated $30,000 in revenue after operating expenses ($5,000 excluding the Madden donation) which is up by $2,000 from last year. They have $53,000 in capital to make improvements to the property. This figure includes the budget provided by the Village in both 2022 and 2023. Although they recognize that it is too early to determine, they are wondering whether there will be consideration of a budget for next year as this will drive their thinking around how much money they will need to raise for a new playground, which is the predominant capital improvement they are looking to make in the coming year. Their biggest expense has been lifeguards, of which they employed two this past season. They are always looking for more guards so they can improve this service and will continue to do so, but have been hampered by the State-wide shortage. Checkers were added to the payroll this past season. On the donation front, in addition to the Madden donation they received several other meaningful donations and these allowed them to make $23,000 of capital improvement in 2022 and close to $16,000 of improvements in 2023. In the coming months they are hoping to gain momentum behind the new playground. They initially explored the idea a year or so ago but discovered that it was cost-prohibitive at that time. They have begun canvassing families in the Village with young kids in an effort to collect feedback as to what the critical components of the playground might be. There are many aspects that need to be considered and they believe they will need the help of a design professional to put something together that they can in turn present to the public for feedback. Given how expensive playgrounds can be, they believe they will likely need to employ a fairly extensive private fundraising effort in the next year.
Trustee Brooke suggested that one of the ideas that had been discussed by the Board in the past was for the Village to increase their contribution to the Wee Wah, which is a Village resource, and in exchange all Village residents would be granted free membership. “If we utilize Village funds to help improve the playground, the thought was that everyone who is a Village taxpayer by virtue of that would become a member of the Wee Wah.”
Mr. Tinari responded that they did not yet know what the costs for a playground would be. He is aware that there are some Village residents who feel they should be granted membership without paying because they pay taxes. The Village does contribute significantly to the capital surplus that they have available to make improvements. “We always think about what is the impact to the full member base and the membership revenue because if we get a one-time budget increase from the Village, for operating profit we need to figure out a balance to make sure that the operation is still profitable and doesn’t suffer from the Village budget on a go-forward basis. It depends on sizing.”
“The Beach Club is a community resource,” responded Trustee Brooke, “that is designed for people who have worked in the Park and people who are residents of the Park and I would love to see you think through and present to us a proposal where the Village would commit to a fee to help support the improvement and modernization of the Wee Wah and in exchange for that fee, all the taxpayers in the Village would automatically become members of the Wee Wah. That would be an interesting way of accelerating the improvement”
Mr. Tinari responded that they could definitely evaluate what the current Village resident memberships, guest fees and donations contribute.
“ If it’s a Village resource and the Village has greater responsibility with it, there’s got to be a number that makes it work.”
Mr. Tinari noted that for the coming season they would be presenting two different membership structures, one being the current status and the other being Village residents are free, but that would come with a request for the Village to contribute some capital on an annual basis to cover expenses.
Deputy Mayor Kasker suggested a third option: a hybrid plan by which Village residents could use the Park whenever they wanted but they could only swim there if they paid. “Since lifeguards are the biggest expense, then people who don’t want to swim in the lake should be able to use the Park as taxpayers.”
Mr. Tinari further suggested that there might also be some cost savings with checkers if they were to use license plates.
The Mayor stated that he had some feedback from Board members indicating that a lot of improvements had been made without coming before the Trustees and he would like the committee to feel free to come to them with plans detailing what they would like to do and what the associated costs would be. His understanding is that the playground is something that everyone wants and that it will ultimately be built using a combination of Village funds and private donations. “I know a lot of the young families are very eager to get a playground where their kids can play and where they can socialize. From my prospective, that is a priority.”
Mr. Tinari noted that anything they did with the playground would have to go before the required Boards and therefore there would be plenty of opportunity for public feedback throughout the process in addition to whatever they ended up presenting to the Trustees .
Sean Madden commented that it’s staggering how many different ways kids can find to hurt themselves and there is actually a lot of industrial design that goes into building a playground. He feels that the investment up front into a firm that knows how to do this sort of thing in addition to possibly an independent safety expert will pay a dividend in terms of insurance costs and liability management.
There was a question from the audience with regard to the reinstallation of the diving board.
The Mayor responded that he felt the water simply was not deep enough to safely employ a diving board.
Leslie Devore suggested that the increase in insurance costs with a new playground must be explored.
Mr. Tinari agreed, commenting that this would be a primary focus.
Next Ms. Devore wondered with 30 families interested in the playground as a percentage of all residents of the Village whether it would be presented to the entire Village as a referendum.
Mr. Tinari ressponed that the 30 people he had canvassed were individuals he personally knew and he had canvassed them in an effort to get the ball rolling.
Potential design of the playground was briefly discussed before the Mayor noted that in the interest of time, they were going to move on but that there would be meetings focused on this issue in the future.
Nick Shoemaker noted that his family were big supporters and contributors to the Wee Wah. He expressed his gratitude to Denise Tavani, who he was recently informed is no longer the chair of the committee. She was instrumental in getting his family involved and he feels it’s a shame she is no longer there. Lake Warden Presentation – Todd Yannuzzi provided the Board and the Public with a presentation outlining the job of a lake warden, specifically what these individuals do and what their various responsibilities are. The Village currently has a warden for each lake. Greg Libby is the long-time warden of Tuxedo Lake. Jedediah Turner is the warden for Pond # 3 and Elizabeth Cotnoir is the newly appointed warden for the Wee Wah. Mayor Citrin announced that he would be nominating Mr. Yannuzzi for the position of Supervising Lake Warden following an interview in executive session later that evening.
Powerpoint Presentation of Village Engineering Issues by Carl Stone of Weston & Sampson:
Carl Stone of Weston and Sampson provided the Board with a presentation outlining some of the ongoing engineering related infrastructure projects in the Village. These included the sewer system evaluation study, the water distribution system, Tuxedo Lake water main replacement, Mountain Road main replacement, structural repairs and clearwell upgrades at the water treatment plant, the Summit Road retaining wall, stormwater system asset mapping, annual dam inspections, the Wee Wah Dam low level control valve, the Tuxedo water meter DWSRF grant application, the East Village water main DWSRF grant application, DPW building Structural Inspection and Pond 3 Dam bridge evaluation.
Old Business: Village Elections: Continue Discussion to allow Orange County Board of Elections to Run Future Village Elections – The Village has the option to turn over the running of their elections to the Orange County Board of Elections. This is a service that is available to every Village in the County. There are two Villages in Orange County that currently utilize the services: Chester and Woodbury. The cost to the Village would be nothing. Once a Village assigns its elections to the Board of Elections, they take over the entire process and there are certain changes that take place, which specifically impact what happened in the last election. The Village of Tuxedo Park is a community that votes largely by machine ballot but there are also a large number of absentee ballots that are typically cast. In the last Mayoral election, there were roughly 250 votes by machine and 180 absentee ballots. When the absentee ballots were finally tabulated at the conclusion of litigation, 35 of them were disqualified for various reasons. Because it was a Village run election, those “defective” ballots could not be cured by the voter. If the Village opts for a County run election, the law provides that the County and the Board of Elections are able to notify the voter on receipt of what appears to be a defective ballot and offer them an opportunity to cure so that that vote can be tabulated. This could not be done in the last election because it is not allowed for Village run elections. “Now everybody knows that that’s the biggest dispute that we had that carried us through and ultimately led to my election by 6 votes,” stated the Mayor. “And for those of you who are not particularly happy with me sitting in this chair, I can tell you that if those 35 ballots had been cured, there is a very good possibility that my opponent would be sitting in this chair. It’s something that everyone should think about.” The Board of elections would provide all of the machines and ballots. They would also provide inspectors at no cost, which would result in an additional savings of approximately $2-3,000 per year that the Village spends annually to run their own elections. Mayor Citrin reported having had a conversation with the Mayor of Woodbury the day prior who noted that their community is pleased with the Board of Elections running things. They have had no problems, concerns or complaints and are perfectly satisfied with the process. The Mayor supports making the change. He asked Clerk Elizabeth Doherty whether she had a personal preference and she responded without hesitation that she would prefer for the Board of Elections to take over.
Deputy Mayor Kasker noted that he had spoken to both Commissioners of the Board of Elections earlier that day and that one big change of note that would occur if the Village were to make this switch is that moving forward the Village elections would take place in November together with the Town, with all candidates for various offices in both municipalities on one big ballot.
The Mayor countered that he had been told that the Village would be able to maintain the current June to June election cycle.
It was agreed that this would need to be clarified.
Sean Madden suggested that the discussion be tabled until the Board had legitimate facts to present.
“Whether it is November or June, there are still things to discuss,” replied Deputy Mayor Kasker.
He went on to note that the Village Clerk would no longer have to handle absentee ballots, petitions or certification of the election.
Trustee Brooke suggested that they should ask their council to provide a pros vs cons document to help them better evaluate the decision.
The Mayor noted that there was a document that had been made available to the public along with the agenda, which clearly describes what the process would be and also details how the Village would always have the ability to “take back” the election if they were not satisfied with the new process.
Trustee Brooke stated that he believed it was up to the Board to take leadership on these issues and that everyone should read the referenced document and come back to the next meeting prepared to vote. ”We don’t have to discuss it a lot more. The community is well aware that we’ve just been through a terribly divisive, ugly period which cost us a lot of money and this may be a way to bypass that in future elections.”
Trustee Shaw noted that in the 25 years she had been residing in the Village there had only been two contested elections. She wondered how the process of requesting and submitting absentee ballots would be handled. She fears that the new process could be much more complicated for residents, especially those who spend more time in the city and would ultimately add hurdles. “We don’t want to make it more difficult than it already is,” she cautioned. “We want to make it as easy as possible to get everyone’s vote.”
Trustee Scherer commented that on balance he felt he would be in favor of the change. He believes it is important for voters to have the ability to cure. “I think that anything that can avoid the divisive election that we just went through would be important,” he stated. He further commented that it would be important to nail down the question of June vs, Novemebr and that additionally, Trustee Shaw has raised some important questions that should be explored. “We don’t want to make it more difficult for people to vote. We want to make it easier.”
Nick Shoemaker commented that he agreed with Trustee Shaw entirely. “It is about ease of vote if it’s done appropriately and Mayor, thank you for acknowledging that there is a good chance that you could have lost had those votes been counted.” Fish Stocking - Following a brief discussion the Board voted unanimously in favor of stocking the lake at a maximum cost of $18,300 to be split evenly between the Village and the Tuxedo Club, conditional upon agreement from the Tuxedo Club.
New Business: Discussion of Village Tax Assessment Procedures Led by Jared Kasschau, Esq., Village Attorney- Historically, the Board of Trustees has doubled as the Board of Assessors in the Village. According to Mayor Citrin, Senator James Skoufis will be introducing a bill legislation to change the law that will prohibit the Board of Assessors to be the Board of Trustees in any Village in the State. The question thus becomes should the Village wait for the State to act or should they begin the discussion now with regard to how they want to change the system.
Trustee Shaw commented that at the previous meeting the Mayor had implied that the Board of Assessors was political in nature and she took offense to this. “I take my job as a fiduciary very seriously. I know that Chris does. I know that Paul does…and Josh Scherer does also. Implying that we were not doing our job I think is awful and that is why you are starting this conversation I believe. I just want to put it there for the record that I was highly offended that you even said that and implied that we are basically dishonest people.”
“You’re not getting an apology from me Trustee Shaw,” replied Mayor Citrin. “You have said your piece and it’s on the record and that’s it.” He then called upon the Village attorney to begin his presentation geared toward outlining what the options would be moving forward. Brian Stolar, Village attorney, explained that there were two primary options for the Village. Either they could be an assessing unit Village or they could cease to be an assessing unit Village. Currently the Village is an assessing unit Village and the Board of Trustees has the obligation to assess all properties. This is quite a difficult task to figure out in terms of understanding the technological aspects of assessing. The attorneys have spoken to the Village regarding the possibility of having an evaluation services company provide them with information and guidance so that they can consider an audit of their assessments in order to determine whether they are accurate and help them to adopt an assessment roll that is appropriate based on their knowledge of assessments. The second option is to simply apply the County or the Town roll. This can be done by resolution.
Mayor Citrin interjected that the issue with adopting the Town’s numbers was that should a resident wishes to challenge the numbers, they go to a Board of Assessment Review that is essentially controlled by the Town elected officials, who make the appointments.
Mr. Stolar confirmed that this was correct.
The Mayor further suggested that were the Village to adopt the Town numbers they would subsequently lose control over the first level of appeal and he personally does not believe that they should be giving up control of the appellate process. “Unless somebody feels very strongly about giving up control over the first level of review to Townsfolk, “ he continued, “I think we should focus in on our options in which we maintain control over the assessments of our own property. What are the options for that?”
Mr. Stolar responded that the Village could continue with what they were doing now, but as part of that it was their recommendation that they obtain the assistance of an evaluation services company to assist them in establishing a baseline for the assessments to determine if current roll is proper or whether individual lots…or all the lots…will need to be modified. This will provide a good guide for moving forward.
The Mayor wanted to know what would happen if the Skoufis legislation went through and the Trustees were no longer permitted by law to act as the assessors.
Mr. Stolar advised that if this were to happen, the State would have to provide an alternative. He assumes that any such law would also include viable next steps.
The Mayor wondered whether they would be able to hire a private assessor.
Mr. Stolar advised that they already had that option under the current law. He does not know what will happen after a new law is adopted.
“I think the last thing we want to do is give up power over assessing our own property,” stated Trustee Brooke. He went on to suggest that the only reason to change the current process would be if the law dictated a change. Otherwise, if something is working, there is no reason to change it.
“I think we have to think prospectively and get an idea of what the alternatives might be,” stated Mayor Citrin. As he understands it, the alternatives could be an individual assessor or a firm that gets involved. “But,” he cautioned, “if and when the Board loses the assessment authority, we have to be prepared for a replacement.” He further noted that were the proposed legislation to pass in the 2024 session, it would not become effective until January of 2025. “So we certainly have time.” he added.
Trustee Shaw wondered what the cost of the referenced evaluation services might be.
Mr. Stolar advised that the way to determine that would be for the Village to receive proposals.
Chris Hansen inquired as to what percent of a Village Taxpayer’s taxes go to the Town & County vs the Village Vs the School District. The Mayor responded that he did know offhand and did not feel comfortable providing percentages but would be happy to look into it and provide them at the next meeting.
Mr. Hansen replied that he believed roughly ¼ of a property owner’s taxes go to the Village, ¼ go to the Town and ½ goes to the school, meaning that ultimately ¾ of Village property taxes are determined by the Town Assessor. He then wondered whether the Mayor knew what the variance was between the Town Assessor’s view on the value of Village properties and the Village Assessor’s view of Village properties. He suggested this should be explored in order to determine whether there was a meaningful difference between the two. He further suggested that they needed to take a look at the accuracy of the Town assessment vs. the actual sales. The mechanism for objecting to one’s taxes is to grieve. Although only ¼ can be grieved in the Village, as Mayor Citrin has pointed out, the process can become political in nature. “One thought here as you go through this whole process is to consider just adopting the Town because I believe that the Town and the Village assessment has been very close over the years.” Lastly, he stated “ Our Village taxes are determined by the five of you sitting right there. That’s what determines our Village Taxes. The Town or the assessor dies not determine what we pay to the Village for taxes. The only issue is that once you adopt the budget, how much you pay vs. how much I pay depends on our relative assessments.”
Claudio Guazzoni commented that he was coming to Trustee Shaw’s defense as she seemed very upset that she might lose control over tax assessment. “I was in the room in either 2017 or 2018 when Trustee Shaw asked McFadden and the other Trustees to lower her taxes by a lot…and she did….she had the other Trustees lower her taxes. She recused herself really, but her taxes were lowered because the Board was political in nature. Anna Tinka Shaw….shame on you! Shame on you! Shame on you!”
“This discussion is at a level that I don’t think is appropriate,” stated the Mayor further informing Mr. Guazzoni that his comments had reached a level where he was going to be cut off.
Matthew Tinari commented that the idea of third party/independent evaluation for the entire Village had been raised as part of the presentation. and given the drama that was currently unfolding, he feels that any individual assessment would be a horrible idea.” Discuss Licensing of Commercial Landscaping Companies- The Mayor stated that he believes that the purpose of such licensing is not only to collect a small fee from landscapers and tree-trimmers, but more importantly to set forth a series of rules with regard to tree cutting, leaf blowing, use of fertilizers and other restrictions that exist in the Village that can be imposed as a condition of licensing. If they then violate any of these conditions, they would be subject to a hearing before the Board of Trustees and possible revocation of their license if it is discovered that they are not following the rules. “He believes this is important in terms of environmental protection and conservation. With regard to the specific rules, it is his intent to have the lakes committee and the Tree Advisory Board and any other individuals who are interested in contributing provide input. Discuss Search Committee for The New Police Chief – As Chief Conklin has relocated to North Carolina, a committee has been put together for the purpose of gathering applicants for the position of Chief. The president of the PBA and Trustee Brooke will both serve on the committee. The initiative will be revisited and further discussed at next month’s meeting. Extension of Sterling Carting Contract – The previous administration did not renew this contract when it expired in November of 2022. Following a meeting with the Mayor, Sterling Carting has agreed to honor what would have been the first extension from November 2022-November 2023 as well as signing a new extension which will run through November 2024. The Board voted unanimously favor in of authorizing the Mayor to sign off on these extensions. Resolution to move camera from South Gate to Main Gate at a cost of $1,250 – Trustee Shaw commented that she feels that rather than to move the camera, they should simply buy a new one. The cost is relatively low (roughly $12 per household) and she does not believe they should skimp on security. Trustee Brooke agreed. Deputy Mayor Kasker noted that one of the Chief’s concerns had been that a new camera was not budgeted for and that the Village keeps having to spend money on unbudgeted maintenance. He suggested that they should plan on budgeting an additional $1,000 per year so that every three years or so they would be able to replace the cameras as needed. “Unfortunately, this was a pretty significant investment that the Village made when they built these cameras. I asked the Chief for some statistics and they only ever arrested one person using it, who had a warrant on him and he was a Hell’s Angel. So if that’s worth it for one person who didn’t do anything…maybe…but all of the other times, it’s basically giving people a hard time for expired registrations, which I would hope the Police would let them go and give them the opportunity to fix it.”
Trustee Scherer suggested that it was relatively inexpensive and his inclination was just to replace the camera.
The Board then voted unanimously in favor of authorizing the Chief to purchase a new surveillance camera for the main gate at a cost not to exceed $4,000. Formal Observance of Halloween on Saturday, October 28 at 5pm including Clubhouse Road – The Board voted unanimously in favor of authorizing two police officers to be onsite for a formal observance of Halloween on Saturday, October 28 at 5pm. Request Permission from the County of Orange for the Exemption From County Taxation in the Year 2025 on Certain Real Property Located in the Town of Tuxedo for use of Village of Tuxedo Park Water System – The Board voted unanimously in favor of moving forward with this initiative. Authorization to Hire Part-Time Police Officer Stephan Christian – This was tabled to allow the Mayor time to meet with Officer Christian. Accept the Resignation of Bronwyn Roantree from the Planning Board – As Mr. Roantree was appointed active Village Justice he has resigned from the Planning Board. The Board voted unanimously in favor of accepting the resignation. Appointment of New Planning Board Member Tom Bermingham – The Board has interviewed various candidates for the opening on the Planning Board and Mayor Citrin has recommended Tom Bermingham for the appointment. Trustee Shaw suggested that she felt that because he was retired and had more time to dedicate to the Village, Mr. Bermingham would make a much better candidate for the BAR than the Planning Board. As the other three candidates work full-time, she believes they would make better candidates for the Planning Board. The Mayor pointed out that they did not currently have any vacancies on the BAR and were not anticipating any in the near future. He further commented that he felt Mr. Bermingham made a great candidate for the Planning Board as he shows a lot of enthusiasm and has expertise in commercial real estate. Following some further discussion, the Board voted 4-1 in favor of the appointment with Trustee Shaw voting against the motion.
Closing Comments: Public Comments –Ryan Lynch commented that he had been misquoted earlier in the evening and encouraged everyone to watch the BAR videos, which he feels speaks for themselves. “My reference to the Tuxedo of yesteryear was in reference to back room deals. I stood before this Board last meeting and spoke the praises of Christopher and Stephanie and their dedication to their work and I asked you to extend their appointments. I hope they continue to uphold the design guidelines. You stated this evening that you did not ask me to resign…correct?”
“Yes, that’s correct,” responded the Mayor.
“Your phone number ends on 0632, correct?” inquired Mr. Lynch.
“Yes, that is correct,” affirmed the Mayor.
“What was discussed for 14 minutes when you called me on October 10 at 12:06pm?” Mr. Lynch asked.
“I will not answer that question in this forum,” Mayor Citrin replied. “I didn’t ask you to resign. I told you that you were being relieved. There’s a difference.”
“Oh, so we did discuss my appointment on that phone call?”
“Yes sir, we did discuss your appointment.”
“Did you not start this meeting by saying we did not?”
“No sir, I did not,” responded the Mayor. “I said I did not ask you to resign. There’s a difference….”
“Can you please verify what you asked me to do?” countered Mr. Lynch.
“I didn’t ask you to do anything,” the Mayor stated. “I called you to say that I was relieving you of the Chairmanship and more than that, I am not going to discuss in this forum. I would be happy to discuss it in a public hearing regarding your Chairmanship, but this is not the appropriate forum because we have to notice that hearing and everybody has to have a chance to appear, including yourself. That is all I have to say. My only correction is that I never asked you for a resignation.”
“Can a Trustee please comment,” implored Mr. Lynch. “Has replacing me as a Chair been discussed via email?”
“The Board does not need to answer questions from the Public,” interjected the Village Attorney.
There continued some back and forth between Mr. Lynch and the Mayor which ended with Mr. Lynch commenting that he would be submitting his phone records along with a FOIL request for the email in which he alleged the Mayor had discussed his removal as Chair. Sean Madden noted that Mayor Citrin had talked a lot during his campaign about transparency but he had in turn unilaterally terminated the chair of a Board that had been approved two weeks prior without any public discussion. “You said this isn’t the right forum. Well find the right forum! I think you owe us an explanation. I think all of you owe us an explanation as to why a Board Chair, who was appointed two weeks before unanimously, was unceremoniously disposed without any public notice, without any discussion…did any of the other trustees get consulted? You talk about advise and consent…is that a transparent process? I think you owe it to the residents, when you’re making changes to major boards that are public facing to explain your rationale.”
The Mayor responded that he would make his public comments on this issue at the appropriate place and time, neither of which were now.
Commenting that Tuxedo Park was an old community whose roads had been designed for horse and buggy, Tate Sink expressed his concern regarding a dangerous turn in East Lake Road near Crow’s nest Road. Having experienced a number of close calls there himself, Mr. Sink proposed the installation of a three-way traffic mirror.
The Mayor thanked Mr. Sink for his comments, further noting that he took this turn himself frequently and felt it was a very good suggestion. Claudio Guazzoni stated that he wanted to speak to the appointment of Trustee Brooke’s girlfriend. “The Trustees wish to hire her as special counsel to harass me and my family. This is against New York State law. The Trustees under New York State law cannot appoint or hire any Village Counsel or any other person to work for the Village. The appointment is reserved only for the Mayor. The Trustees can either approve or disapprove the appointment. Therefore, if the Trustees insist on hiring special counsel to harass me and my family further, I would like the Trustees to know that any legal fees that we incur…we’re going to come after the trustees personally. Last time that we won, we did not collect legal fees from the Village because we were being nice. This time we’re not. We’re coming after the Trustees personally…if they illegally have Elisa Gilbert come after me and my family. For starters, Trustee Brooke is highly conflicted as he lives with Elisa Gilbert. Secondly, Mr. Scherer is also conflicted as Ms. Gilbert similarly represented him and we do not know who has paid for Mr. Scherer’s legal expenses. His vote would also be a quid pro quo especially if his legal bill was not paid for and she waived her fees for him when she represented Mr. Scherer’s campaign. Given these un-waivable conflicts of interest and in the event that the Trustees insist on hiring her…it leaves less a majority of the Board. There’s simply no way Ms. Gilbert can represent the Village of Tuxedo Park in the current litigation. She has already started one lawsuit against me and my family, claiming she represented the Village. She perjured herself, swearing she represented the Village when she did not. She was thrown out of the Orange County Supreme Court. This happens again…I’m coming after the Trustees.” Rich Witte thanked the Board for all of their hard work, further commenting that seeing all of the conflict and competition breaks his heart.
The Board then moved into executive session for the purpose of discussing the BAR, 2022 charges for Town summer camp use of the Wee Wah Park, Settlement of certain water bills, appointments of lake wardens and legal matters.
Following the Executive Session the Board voted on the following resolutions:
A resolution ratifying the retention of Elisa T. Gilbert as Special Village Attorney in Guazzoni v. Doherty, et al Litigation. This resolution was passed 3-0. The Mayor did not vote and Trustee Brooke abstained.
A resolution granting the Mayor access to Conflict Council, based upon the recent letter received from Attorney John Carcone, at a reasonable hourly rate to be paid by the Village. This resolution was approved 4-0.
A resolution creating the position of Supervising Lake Warden and subsequently appointing Todd Yannuzzi to that position as well as appointing Elizabeth Cotnoir as Warden Wee Wah Lake. This resolution was approved unanimsouly.
A resolution allowing $800 of the fees paid to the Village by the Town Summer Camp in 2022 to be applied to the dues owed for 2023. This resolution was approved unanimously.
Village Board of Trustees Meeting September 20, 2023
The Village Board of Trustees met on Wednesday, September 20 at 7pm. All members were present.
Mayor’s Comments:
Mayor Citrin welcomed everyone to his first meeting as Village Mayor, further commenting that he was honored to assume the position. He thanked all of those who had supported him and for those who did not, he stated that he hoped that over the course of the next 18 months he would be able to gain their support or if not, at least their grudging acceptance. He went on to say that he felt the Village owed a debt of gratitude to Mayor McFadden for his long service o the Village, both as Mayor and Trustee. McFadden accomplished a great deal during the course of his various tenures. Sometime in the near future there will be an appropriate ceremony honoring his service to which all residents will be invited. “Thank You Mayor McFadden. On behalf of the Village of Tuxedo Park we thank you for all you’ve done and wish you all the best in the future,” he concluded.
Next, the Mayor announced that he had asked Trustee Kasker to take over the position of Deputy Mayor and the offer had been graciously accepted.
Swearing in of Re-Elected Trustees and Deputy Mayor Kasker:
Trustees Scherer and Brooke were sworn in.
Mayor Citrin then read a proclamation as required by the State revoking Trustee Shaw’s appointment as Deputy Mayor and appointing Trustee Kasker in her place.
Trustee Kasker was then sworn in.
Reports: Oral and Written:
Click here to view the Police Report
Click here to view the DPW Report
Mayor Citrin noted that he had received an email of concern from a resident referencing several dead trees along Wee Wah Road which she believes are in danger of falling. He inquired as to what the process for examining these trees might be.
DPW Superintendent Jeff Voss responded that there are a lot of dead trees along a lot of roads that need to be taken care of. The DPW removes the ones they are comfortable with , but the bigger ones are more than they can handle. He is currently working to get a price for the removal of one particularly large dead tree along Tuxedo Road across from the Valley Road barrier. There are also three or four at the end of the East Lake Road triangle that need to dealt with. This work will need to be done by an outside contractor. Once the trees have been taken down, the DPW can handle clean-up and removal.
The Mayor suggested that this was a topic he hoped to discuss at future BOT meetings, further noting that they needed to make sure that nobody was subject to injury should a tree fall, whether it be in a storm or spontaneously.
The Superintendent responded that one thing that might be helpful would be if the Village would send a letter to residents reminding them to trim back/clear trees and brush on their property along the roadways. There are a lot of places where this kind of work needs to be done and until it is, the overgrowth creates a problem for trucks and plows alike.
Community Choice Aggregation (CCA) Update from Trustee Scherer – With regard to the CCA initiative, Trustee Scherer reported that they were still awaiting further information from the project administrator. At a meeting last week, they learned that the reason the Village and Town have not yet received proposals is because under New York State law they cannot propose a plan if the current rates are higher than they were on a look-back period for 12-months with a caveat if it has renewable. Typically, renewables are more expensive on the margin than fossil fuels and the administrator believes (and rightly so) that the Tuxedo community is looking for the best possible energy price. In response to this, it was suggested that the administrators instead take a look at future energy curves and ultimately it was agreed that they would put together proposals for 50% renewable & 50% fossil fuels as well as 100% renewable. This will allow them to get around the “look-back” rule. There will be some sort of general education for the community moving forward. This is an opt-out program, so those residents who are not interested do not have to participate.
Wee Wah Park - Both Mr. Tinari and Mrs. Tavani were unable to make the meeting, so this report was tabled.
Comments: Public Comments -Mayor Citrin opened the public comment period by announcing that he would be trying something new with the public comment period. Historically, commenters were restricted to agenda items only, but moving forward this would no longer be the case. Each speaker would be given three minutes to speak about any subject that they believe relevant to the Village. Comments must remain civil and personal attacks on individuals would not be tolerated. Additionally, following the public comment period, there would be a Trustee comment period during which the Trustees would have an unlimited amount of time to speak on any issue they believe is appropriate to be addressed by the Village Government. He cautioned that all comments must remain civil and that personal attacks would not be tolerated. Neal Wittels congratulated the Mayor on his election, quipping that his only request was that he only send one email per month to the residents. His purpose for speaking was to inquire about some approvals that had been made by the previous Board. He began by suggesting that the previous Mayor had “governed with intimidation and threats,” but Mayor Citrin quickly interrupted, reiterating that personal attacks would not be entertained. Mr. Wittels began again. “The words transparency and recusal are commonly referred to from this Board and I have heard it many times from the previous Mayor,” he stated. “However, voting in the dark of night during an executive session….I wouldn’t call that to be transparent. Although I understand the need for this Board to make decisions, I do appreciate that full disclosure to the Village residents is of upmost importance. With a small Village as ours, no decision should be made on this Board without complete vetting of all the residents. So, I would like to inquire about some board decisions that were made on behalf of the residents that I don’t think were vetted properly by the Board. Number one: 47 Clubhouse Road seems to be a problem to me. I know Mr. Brooke or Ms. Gilbert….whoever it was I don’t know….but they had bought this property from the previous owners, who I understand were very good residents and did a lot to the property to improve it. They ended up in litigation with the Village trying to get full-term occupancy of their property, but were unable to. They finally put it up for sale for $325,000 and Brooke & Gilbert seem to have bought it for $200,000. Many people didn’t even know it was for sale. It’s not the way it was bought. It’s how It was bought. The sale was closed after the Board approved the full occupancy. I understand it was in an executive session. What I don’t understand is why was it approved in an executive session? There is no reason why it should have been! The Board spent thousands of dollars defending a lawsuit fighting the full occupancy and, in the end when there was a new owner, it was approved expeditiously. I would like to have some clarity on that issue…why the residents weren’t vetted and why it was approved in executive session.” Next, Mr. Wittel expressed concern about the Circuit to Clubhouse Road stepping stones/pathway, which also has a sewage line running through it. “Frankly, this is a Village property that has been violated by the neighboring properties,” He Stated. “ It doesn’t even appear to be open to the public anymore. There is a gate involved. “ He further noted that the Clubhouse property to the north of the pathway had poured some concrete steps in violation of it. “All the stepping stones are in place, but it’s the run-off that has eroded the gravel stone from between them,”
Mr. Wittels allotted time for speaking had expired and Mayor Citrin interrupted, thanking him for his comments and informing him there would be a second public comment period at the end of the meeting if he wished to say more.
Commenting that he wanted to both appreciate the service of Mayor McFadden and welcome Mayor Citrin, Stuart McGreggor stated that he also wanted to speak on the same issue as Mr. Wittels, that being 47 Clubhouse Road. He noted that at the previous meeting he had asked a number of questions for which he had not been given straight answers. At that time, Mr. McGreggor had brought with him the pleadings from all the litigation that had taken place with regard to the property and Mayor McFadden had indicated that while it was not the appropriate time to bring them forward, he would be happy to have the Village attorneys look into the details. “I just want to make it clear that I don’t want to see the Village attorneys spending any money looking into this issue at this particular point in time,” stated Mr. McGreggor. “We’ve spent enough money on attorneys’ fees.” TrusteeComments- Deputy Mayor Kaskar thanked the Mayor for appointing him as his Deputy, further commenting that he appreciated his trust and confidence. He also thanked former Deputy Mayor Shaw for her leadership over the previous couple of years as well as former Mayor McFadden. “I learned a lot,” he added. Speaking to DPW Superintendent Jeff Voss’s earlier comments about the need for residents to maintain growth and overhang along the Village Roadways, The Deputy Mayor indicated that a couple of weeks prior, he had encountered a situation where he had to take some out while responding to a Village fire in the fire truck. “I want to make a public service announcement,” he stated. “If you are parking on the street, please be considerate of your neighbors and whether an emergency vehicle can get by you. The reason I took out that overhand was because a car was parked facing the wrong way, giving themselves plenty of room to get out and I couldn’t get the fire truck through without taking out bushes on the side. If that’s your neighbors’ house or your neighbor needs an ambulance, that’s actually a pretty big deal….not something that volunteer drivers should have to worry about. I would just ask that you be considerate and think about that when you guys are parking on the street.”
Trustee Scherer indicated that he did not have any comments.
Trustee Shaw asked Mayor Citrin whether he had had a chance to take a look at the candidates for the Planning Board and the BAR.
The Mayor responded that he had spoken with the Village attorney with respect to the purported removal by Mayor McFadden of JoAnn Hansen and Richard Witte and whether that removal was appropriate under State Law. “I’ve received an opinion from the Village attorney that at this point Chair Hansen and member Witte remain on the Planning Board. So, at this point in time there are no vacancies on the Planning Board.” He further indicated that there would be a vacancy following the Reorganization meeting and that it was his intention to meet with the candidates and then the BOT could discuss who the most appropriate appointment would be.
Trustee Brooke commented that there had been a lot of issues which arose during the election with inuendo and one-sided comment. In an effort to set the record straight, he indicated that he would like to ask the new Mayor to clarify some observations and, in an executive session to follow the meeting, to further explain some of the things they were going to be looking at.
“Mr. Mayor,” he began. “You represented to the Village that you were not connected with Claudio’s efforts in the early stages of the campaign. Was that true, and if so, why was your name initially the petitioner on the first request for judicial intervention?”
“I do not see this as the appropriate forum for that question,” responded Mayor Citrin. “But, in respect to your position, I will give you an answer and the answer is this: As I said at the time, on Election Day, when a petition was filed, I did not know the attorney. I had never spoken to that attorney. I had never seen any petition to review and I was just as surprised as everyone else was when the attorney showed up and served that filed petition, including the TRO and The Order to Show Cause, upon the Village and Me and Mayor McFadden. I had no idea that that was coming and I cannot explain to you how a lawyer I have never met and never spoken to would insert my name as the Petitioner on a piece of litigation. To me that is almost unethical. I had no knowledge of what was taking place or about to take place. I have no other explanation for it.”
“I am very relieved to hear that,” replied Trustee Brooke, “because it talks to the fact that you are an independent character and Claudio is a very different person and what he has done in some cases is very challenging to the Village. The TRO has cost us significant money…order of magnitude by my estimate…probably $1000 per house in the Village. Unfortunately, on Monday of this week we had a judge issue a report..”
“The decision,” interjected Mayor Citrin.
“and the decision uncovered no illicit conduct by any Village official and in fact it only served to delay the seamless and peaceful transition to power. Do you have any realistic belief that the Village was guilty of fraud or illegality?”
“I don’t think that that is an appropriate question to put to me,” responded Mayor Citrin. “I think it’s somewhat rhetorical. Everybody knows at this point in time that I filed cross claims. With respect to certain issues that I believed were relevant to my candidacy…in order to protect my candidacy. Those issues were strictly related to the question of legality and validity of certain absentee ballots. My cross claim was very specific and for the purpose of answering your question, I am going to read into the record the four categories of absentee ballots that I believe invalid or at least seeking a judicial ruling on whether they were invalid. I challenged and filed a cross claim on the following absentee ballots and only on these particular ballots: absentee ballots that were submitted by persons who reside and are registered outside the boundaries of the Village of Tuxedo Park, absentee ballots that were submitted by persons who were not registered voters in the Village of Tuxedo Park by the statutory deadline of June 9, 2023, absentee ballots that were submitted by persons who voted in person on June 20, 2023 and absentee ballots that were submitted by persons who were not registered to vote at the time they requested the absentee ballot. Think about that. The request for absentee ballot requires a certification under oath that you are registered and if you are not registered you are violating that certification. The question becomes, and it has not been answered during the course of this litigation, can you cure that violation of law by registering properly before the election? I wanted a judicial ruling on that and I didn’t get it from the lower court and I didn’t get it from the appellate division. That’s what I wanted because that would have made a difference in determining which ballots could be counted and which ballots could not be counted. I didn’t know I wasn’t going to get a ruling. I requested the ruling and the court chose not to give me one, but I needed to put in those objections in order to protect my candidacy. That was my only involvement in the Guazzoni litigation. It was on those points alone. With respect to any allegations that Guazzoni made about the former Mayor or any ballot collection process, I rejected those. With respect to any claims about the former Mayor’s activities, I put in papers where I opposed an application to include those in the lawsuit. I didn’t want the court to hear that. I only wanted the court to hear my four objections to the absentee ballots. I hope that answers the public’s question on this and I hope the public now understands that my role was very limited. The last thing I was to say is that there is a HUGE legal bill from the attorney’s representing the Village…a firm by the name of Berger and Santiago. That bill is almost $165,000. How did a bill of $!65,000 develop over three months? What type of litigation was taking place? What kind of aggressive lawyering was being done by the firm of Berger and Santiago? I looked at the filings in both the lower court and the Appellate Division. Mr. Berger filed 26 substantial documents and attachments on behalf of the Village on separate occasions. Ms. Gilbert, representing Trustee Scherer and Trustee Brooke, filed 14 substantial documents, motions, briefs, etc. I filed 8. My involvement was the most limited because what I wanted from the judge was the most limited, which was a ruling on the absentee ballots that I never got, but when the ballots were counted, I had a 6 vote lead and now I am sitting here as your Mayor. That is my version of what took place. You can accept it or you can reject it, but that’s the record ladies and gentlemen.”
“There is litigation outstanding still relating to the open meeting law violations relating to the Villages retention of Berger and Burns,” stated Trustee Brooke. “Are you involved in that litigation with Claudio? What is the motive for commencing that litigation? What is your intention and what is your fiduciary obligation with respect to terminating that litigation?”
“I categorically say that I have no involvement in that litigation,” replied the Mayor. “I have never discussed that litigation with anybody. I appeared in court with my wife only to see how the judge, who is also presiding over the Guazzoni litigation, would react to this open meetings law issue. As the Mayor of the Village of Tuxedo Park, I intend to vigorously defend the claims that Guazzoni has made against the Village with respect to that litigation. I was not involved in commencing the suit. I had no involvement in the proceedings and now I assume the responsibility as Mayor to defend against Guazzoni’s claims to the best of my ability through the attorneys Harris Beach, who were retained to defend the Village in that particular matter. There is no question about my loyalty on that particular case and there shouldn’t be.”
“I am delighted to hear it,” stated Trustee Brooke. He went on to state that during the executive session that followed the meeting, the Trustees would be looking at the issue of retention of counsel for fee application related to the election TRO defense for litigation. “The TRO was filed. We were not allowed to talk until it was lifted. It was an enormous amount of noise but we were a legal obligation to say nothing. The Appellate Division stayed the TRO that paralyzed the Village. The Supreme Court dismissed the petition to cross petition and ruled that the application to further amend the petition to allege fraud against the Village for the former Mayor lacked basic factual components to afford claim. Under this counsel fee application, whatever the costs were of the Village, may be retaining counsel to be reimbursed by the counterparties because there is no basis for this suit. There is no Public Advocate in Tuxedo Park. It’s a very clear case and that issue of whether we litigate for reimbursement for all of our fees will be addressed in executive session. We will not talk about that other than to acknowledge that that is what we are doing.”
The Mayor replied that he had never sought a TRO and his motion to add cross claims was a contested motion where all parties had the chance to be heard and the judge ruled in his favor, allowing him to add limited cross claims relating to the absentee ballots. His understanding of the law is that the purpose of reimbursing attorney’s fees to the victims of the vacated TRO are done because the TRO is sought ex parte. “In other words, only one side goes to the court and asks the judge for relief. The other side doesn’t have a chance to speak because they are not even there. The Judge, based on representations from one side (in this case Claudio Guazzoni and his attorney) issued that TRO. I had no involvement in that. I was named as a respondent. I received service as a respondent and it was only once the litigation began that I made a contested motion, where everybody had a chance to oppose, which the judge granted. That is separate and apart from the right to collect attorney’s fees for a one-sided application to get a TRO, to which I had no involvement.”
Consent Agenda:
The consent agenda was unanimously approved by the Board.
Old Business:
There was none.
New Business: Resolution to strike the Mayor’s salary line – Mayor Citrin explained that he had been advised by the Village attorney that State law will not allow for the extinguishment of a single salary without a public referendum. Therefore, he plans to waive it and although it will remain in the budget as a budget line the monies will not be paid to him and essentially those funds will remain in the general fund from this point until the end of the fiscal year. Village Elections: Discussion to allow Orange County Board of Elections to run future Village elections – “We’ve been through a miserable process,” began the Mayor. “It was brutal. It was brutal for Elizabeth as the Village Clerk. It was brutal for the candidates who were involved. It was brutal for the community. I don’t ever want to see us go through this type of crisis again.” His went on to suggest that a clear solution would be to turn future Village Elections over to the Orange County Board of Elections, although the rules would be slightly different. “In light of what took place this year, I think we should begin the discussion about transferring the Village elections to the County Board from the beginning to the end and everything in the middle,” he said further acknowledging that they would need to explore the cost as well as what the transitional process would be. He then asked the Trustees for their thoughts.
Trustee Scherer responded that as a Board they had been horrified by what transpired and to that end, this option had already been loosely discussed. We wondered what would really change. “At the end of the day, what created this mess?” he queried. “It was Claudio’s lawsuit, which was unnecessary and simply delayed where we ended up…and cost us a ton of money…and divided the community. Why would we give up control over our election to a higher authority? I don’t know that it really changes anything, but I am willing to be educated on it.”
Mayor Citrin responded that in the recent election there had been a number of absentee ballots that were thrown out because signatures didn’t match up. If the Board of Elections had been running things, those voters would have been notified by way of letter early on and given an opportunity to cure the ballots. This provision is one difference. “A County run election will not disenfranchise the same number of people,” he added. “I see that as a major difference and a benefit to voters generally.”
“That is valid and I think an important distinction,” responded Trustee Scherer. “Are we able to rectify those deficiencies at the local level so that we are not giving the County control of our election?”
The Mayor responded that as he understood it, in a Village run election there was no provision that allowed voters to correct absentee ballots and there is nothing the Village can do to get around that. He went on to indicate that he realized they were only in the discussion phase at this time but he felt that before the next election they should consider it as an option to avoid what took place this year.
“I think it would be important to know what duties would be taken off Elizabeth’s plate,” commented Deputy Mayor Kasker, “as well as what the cost is.” He indicated that he was sure there would be pros and cons and agreed that they should take a look at all of it.
Trustee Brooke added that he would like to see a collection of relevant articles that outlined both the pros and cons that the Board could consider as part of future discussions on the topic.
Closing Comments: Public Comments – Lili Neuhauser offered up two suggestions. With regard to roadside bushes, trees and brush as discussed earlier, she suggested that a letter could be sent to residents reminding them about this key property maintenance issue. With regard to voting, she suggested that perhaps a link could be added to the Village website, which clearly outlined who was qualified to vote in the Village. Deputy Mayor Kasker pointed out that there was also a link on the Orange County Board of Elections website where voters could verify their registration status and suggested that this be added as well. Stuart McGreggor raised the issues of walls in the Village. Noting that walls typically don’t become a problem until something happens to one of them, at which point the issue of ownership always comes up because nobody wants to assume full fiscal responsibility for the repairs. He suggested that, in line with Lili’s idea of sending out a letter, residents should also be reminded to look at and maintain their walls in an effort to prevent problems. Jean Donnelly commented that she wanted to make sure that the issue of 47 Clubhouse Road and the public easement remained in the public eye with respect to who is responsible for any improvements there.
The Mayor responded that the project had been referred to the BAR and that they would need to wait for that feedback before any further discussions or determinations were made. John Moon stated that the Village needed to stop spending money on lawyers. “The idea that you are going to pay more lawyers to get prior fees….in the United States where each side pays its own fees absent extenuating circumstances….it’s just not a good idea.” Secondly he noted that he lived across the triangle from 47 Clubhouse Road. “Whenever any of my neighbors get a driveway repaved or a soaking pool, I get a letter from the Village notifying me about zoning changes or changes in the property. We got no such letter for 47 Clubhouse.” Suggesting that space for emergency vehicles and snowplows in that area could be a problem he further stated “47 Clubhouse has no parking place in violation of the Village Code, so its cars park either in the road or on a public triangle owned by the Village. This presents a severe safety hazard and I would have made that presentation had I been given notice. It appears as though there may have been some sort of back-room deal…I don’t know..I don’t want to be negative. This Ms. Gilbert, whoever she is, is billing the Village for legal fees, she got a property and she got a very beneficial zoning adjustment. I just don’t know what Ms. Gilbert’s connection is to the Village, but I wish I had it.” Claudio Guazzoni noted that he wanted to thank Trustee Scherer for making him out to be the bad guy. “I’m sure he has 195 people who agree with him and maybe 205 who had the opposite opinion.” He went on to say “My question is for Trustee Brooke. It looks like he’s a great real estate speculator. The property he just bought at 47 Clubhouse Road seems to have gained in value over night. I am going to ask nicely of Mr. Brooke, would you consider reverting the C-of-O from the one that you recently got (which is a full-time C-of-O) to one that has been in place for the last 15 years, which is a seasonal C-of-O, and avoid litigation?
The Mayor cautioned that Trustee Brooke was under no obligation to respond to this line of questioning.
Mr. Guazzoni then noted that more than 4 weeks prior he had requested via FOIL all information on Trustee Brooke, Ms, Gilbert and 47 Clubhouse Road and specifically how Trustee Brooke may or may not have used his public office to self-enrich. They have not received anything. “I really do not want to start another litigation to get FOIL done,” he cautioned, further requesting that the Mayor direct the appropriate party to respond to his requests.
Mayor Citrin indicated that he would follow up on this.
Lastly, he stated “I would like to remind Trustee Brooke that we are in America. Each party pays their own way…and if you start litigation against me, I’ll be very happy to answer the same suit.”
Changing topic, Elizabeth Coitnoir noted that areas around the Wee Wah had recently been weed-whacked and specifically the slopes that lead down to the water, which had been covered with native plants, were cut down to an inch or so and is currently dying because it was cut so short. Acknowledging that this was likely done inadvertently, she requested that the DPW be more cognizant of where and why they were cutting as it was one thing to cut things back along the edge of the road, down along the lake was something else. “I would just ask them to be more thoughtful,” she added. Trustee Comments- Mayor Citrin noted that the Trustees were in receipt of a letter from the Tuxedo Club, which questioned the efficacy of stocking fish in Tuxedo Lake. Ironically, on their events calendar they have an on-going, unlimited fishing derby which has been taking place since September 5 and will end on September 24. He finds it odd that the Club is on one hand hesitant to restock the lake while on the other, they are pulling an unlimited number of fish out. Commenting that he was unsure as to how to reconcile these two events, he asked Jim Hays for his thoughts as to why it was important, ecologically speaking, for the health of the lake to restock it, so that he could in turn respond to the Club.
Mr. Hays responded that the stocking was done with trout and that trout do not breed in Tuxedo Lake. “I’m not going to take a strong stance,” he stated, adding “I don’t really think there is a need for it. There are plenty of bass in the lake for people to catch, but I am not a fisherman. If people really want to catch trout than there probably needs to be some stocking. How much stocking, I don’t know.” Jay Reichgott pointed out that the Tuxedo Club did not have sole fishing rights on Tuxedo Lake.
The Mayor agreed, further noting that the Club had inquired as to whether there would be any contribution from the Village Boat Club.
Trustee Shaw wondered if there was an optimal time of year to restock the lake, but nobody knew.
Deputy Mayor Kasker wondered whether they had received any complaints about there not being enough trout in the lake.
Trustee Shaw indicated that she believed the fishermen felt this way and that the dockmaster at the Tuxedo Club did as well.
The Deputy Mayor suggested that they should procure an opinion from the Village Lakes manager as to whether there were any benefits to the stocking and Trustee Scherer agreed to do this. It was further requested that he inquire about whether or not they could create pools in the streams that feed the lake, which might be attractive to the trout, creating almost a hatchery type of situation.
Elizabeth Doherty added that Dr. Peter VanZandt had written a letter to the Board some time back, which she had recently redistributed at his request. In that letter he outlined in detail what it is that the trout do that help the lake ecologically balanced. She suggested this be considered.
The Board then adjourned into an executive session for the purpose of discussing pending litigation as well as attorney/client consultation.
The Board of Trustees met on Wednesday, August 30 at 7pm. Trustee Scherer was absent.
Mayor’s Comments:
Mayor McFadden welcomed new Village Attorneys, Harris Beach.
Reports:
Click here to view the Police report
Click here to view the DPW report
Click here to view the Building report
Multiple reports from the Water Department can be found by clicking here. NYS Invasive Species Grant Program – The Trustees recently requested that John Ledwith research the NYS Invasive Species Grant Program and report back on any possible opportunities for the Village. Mr. Ledwith in turn consulted with certified Lakes Manager AJ Reyes ,who feels that any grant application from the village would most likely be scored lower in terms of relevance on the state scale. The lakes are not a part of a large public access area and don't have a unique invasive species that the state would be interested in controlling. These grants are often scored on the merits of how much public good this project will produce, and all private lakes are always going to be behind the 8 ball on this. If this grant came out last year, we could have done something relating to the treatments.
Public Comments:
Jay Reichgott inquired about the agenda item “conditional approval of boat.” Noting that he had looked at the referenced boat and felt it was a really cool electric boat, he further cautioned “everybody knows, especially people who have them, a boat is a hole in the water that you throw money into. You start by throwing money into the hole to make it…and then you keep throwing money into the hole. It’s docking, it’s power, it’s maintenance, it’s storage.”
“Are you under the impression that the boat is for the Village?” inquired the Mayor.
“It says it’s for use by the Village residents who have property on the lake,” responded Mr. Reichgott. Mayor McFadden clarified that the request was related to the possible sale of a home, located as the north end of the Wee Wah directly adjacent to the dam. A potential buyer has inquired about their ability to keep this particular boat at the property for use on Wee Wah lake, further indicating that their ability to do so might impact their decision to buy. “As a favor,” he continued, “John (Ledwith) and I looked up the boat, compared it to the Village Code and will tell the Gentlemen after tonight whether it would be acceptable. This person has not purchased the house yet. So, this will be floating out there if this person ever decides to buy the house…he’ll have the knowledge of a pre-approval. We are helping to try and close a sale and the boat does fit within their criteria.”
Secondly, Mr. Reichgott pointed to an action item on the agenda referring to possible replacement of members of the Planning Board. Noting that he himself was a member of that Board and that his term would not expire until 2024, Mr. Reichgott stated that it appeared to him that there still might be some ambiguity about some of the issues surrounding the process. “This is probably the reason you are having an executive session about it,” he added. He went on to say that he felt that due to their mandate (which is primarily new builds, subdivisions and driveways) the Planning Board is, in his opinion, one of the most underutilized Boards in the Village. Suggesting that it was likely that they would not meet before the next Board of Trustees Meeting….and further that they might not even meet before the Mayor’s race had been resolved, he urged the Trustees to deliberate slowly and carefully, again cautioning that there was ambiguity and contention surrounding the issue and that it did not present sufficient urgency which dictated that it needed to be decided that evening.
Mayor McFadden responded that he appreciated Mr. Reichgott’s view, adding that he was sure JoAnn Hanson (current Planning Board Chair) would also appreciate the support. “Just on a personal note,” he added, “ I am not planning for a retirement…I’m planning for a new Term. To me this is part of the process and I am looking forward to it and to discussing it with the Board.”
Lili Neuhauser inquired about the agenda item BAR review for property improvements at 47 Club House Road, wondering if this was the property that was “landlocked” and whether the proposed stairs would go to that property.
Mayor McFadden explained that currently what exists there is Village owned property known as the “100 stairs.” The owner of 47 Clubhouse is proposing to upgrade and maintain a new, more appealing and safer stairway. In order to facilitate that, they must first go to the BAR for their viewpoint/advice after which, because it is Village owned land, they will come back before the Trustees for approval or denial or something in between. Mrs. Neuhauser inquired as to whether or not 47 Clubhouse was still a seasonal property, further noting that there was some concern and confusion about this amongst the residents who lived in that neighborhood.
The Mayor informed her that it was not and that, as per the courts, a year-round Certificate of Occupancy had been granted a couple of years prior. He further suggested that the BAR meeting would be noticed and that if Mrs. Neuhauser and/or any of the other neighbors wanted to make comments, that meeting would be a good time to do it. They would then have another opportunity to comment when the application came back before the Trustees.
“The main concern for me is that it is literally right next to the house,” she stated. “I don’t know if this would open it up to more traffic going along there.” She further indicated that she had used the existing stairs and that they were in bad shape.
Trustee Brooke added that road and the 100 steps were Village property. The owner of 47 Clubhouse has proposed putting in properly done stone steps. They were informed that they would need to go before the BAR and this was done in a way that annoyed the person, so they retorted by suggesting that not only would they not put in the steps but further that it was the Village’s responsibility to provide a safe walkway there. “The question is that the steps involve nothing to do with the house and therefore there is no reason to go before the BAR. It is a Village issue. I don’t know what is going to happen. The person volunteered to do it, was given some hurdles and I don’t know what they are going to do.”
Stuart McGreggor commented that his property was contiguous to the 100 steps. He asked for some clarification about the process that had occurred, further suggesting that he had not seen anything in any of the meeting minutes indicating that the proposed improvement to the easement had ever been discussed at a Board meeting.
The Mayor responded that this was correct as it had happened between Board meetings. “Whoever the property owner is is going to pay for whatever improvements are made to that easement?” inquired Mr. McGreggor.
“That will be up the BAR and the Trustees,” replied Mayor McFadden.
“I wanted to make that clear,” continued Mr. McGreggor, “because I believe that 47 Clubhouse Road … the new property owner lives with a Trustee.”
“Correct,” replied the Mayor. “I won’t ask Trustee Brooke to recuse himself when the vote does come up,” he continued, “but if he would like to recuse himself and others feel he should, I will certainly accept that.”
“It’s not going to go any further than the house?” inquired Mr. McGreggor.
The Mayor indicated that he had not seen the plans but he reiterated that the BAR meeting would be the appropriate place for neighbors to voice their concerns. “I’m sure there is a lot to say,” he added. “This has been some project for some time.”
Jean Connelly wondered whether there were any plans for a parking space to be added as part of the proposed improvements to 47 Clubhouse.
“Again,” stated Mayor McFadden, “I haven’t seen the plans. What the Village is doing today is just authorizing and recommending that the BAR has to be included in the process. Again, I think that is the appropriate venue for people with concerns like yourself, and it’s certainly a legitimate concern, to make your voices heard…at that meeting.”
Mr. McGreggor inquired as to when the Certificate of Occupancy for year-round use had been put in place.
The Mayor responded the Village had been ordered by the courts to do it. They appealed and lost. This was roughly two years ago.
“The order actually was an order denying the petitioners an opportunity to have it resolved at that point,” stated Mr. McGreggor. “It said there is no reason it shouldn’t be a year-round…”
“I can’t speak to the nuance of what you’re saying,” interrupted Mayor McFadden. “I know there’s an answer in there somewhere that I’d love to provide, but I would be happy to ask the new Village Attorney to sink into that for you…because it is an issue. I will bring them up to speed on this matter. Let’s try to get all these questions out on the table via transparency.”
At the mention of parking spaces, Jay Reichgott suggested that parking spaces were like driveways and that this could be Planning Board territory.
The Mayor agreed, further indicating that he was certain that Mr. Ledwith would direct everything in the appropriate direction.
Chui Yin Hempel commented that she was sorry to see the Mayor resigning as the webmaster as he had done an excellent job, in her view, with the Village site. Hiring a new webmaster will constitute an unbudgeted expense. She further noted that it was unclear from the discussion as to whether or not the proposed work on the 100 steps would also constitute an unbudgeted expense for the Village or if the homeowner would be taking on the project. “I think the biggest and unspoken and unbudgeted expense that the Village is facing is the rising legal costs associated with the election dispute. I want to make clear…I don’t want to talk about the election. I do want to ask how the Board proposes to pay for these unbudgeted expenses. Your last memo to us Mayor, as a candidate, mentioned that the Village has already spent something like $200,000. I assume the costs will continue to go up. So, will taxpayers see our taxes go up next year…or will you actually dip into the Village’s reserves…or will you delay or even cancel some critical infrastructure projects? The Board of Trustees have a fiduciary responsibility for the entire community, so maybe you would like to consider adding a New Business item in your next meeting agenda to consider how to pay for the budget deficit without putting an unfair burden on us taxpayers.”
“I can only answer in general terms,” responded Mayor McFadden. “I know your husband, representing a group of non-partisan folks…about 10 people….has sent us very similar questions. Maybe you had a little hand in writing it..and that’s fine. The attorneys have instructed us to treat it as a FOIL request. I have been in touch with Gardiner and we are going to be preparing responses to your questions to the ability that we can discuss it because they are on-going legal cases. We would be directed by the attorney on that. There is a variety of cases so comments can be made on some and not others. As a fiduciary, now speaking as the Mayor, I am thinking very seriously about how this will be paid for and I know the rest of the Board members are as well. It would be difficult to see where it all plays out by the end of the fiscal year. So, in other words, right now we have to see if there is going to be savings in other places, how much it will affect the 200 and where that’s going to come from. So, it’s going to be an on-going process during the budget year I think that we’ll be able to focus on that. I would love to be able to come up with a solution now, but until the budget proceeds and expenses proceed, we really can’t give you a firm answer on that. But you can rest assured we are very concerned about it and we’ll try to answer in a more detailed manor after we are advised by attorneys in response to the FOIL that your husband presented with us.”
Mrs. Hempel responded that for the past few years Mayor McFadden had been keeping taxes down and she felt people were very appreciative of that but that in all likelihood 99% of the people would not like to see a significant increase and that the current trajectory of the expenses is not very good. “Like any household budget we can save on some items and scrimp on others,” she suggested “but as we have discussed in prior meetings, the Village does have many infrastructure challenges and It would be a shame if these unbudgeted expenses were to cause any of those projects to be delayed or even cancelled…or for that matter for the money to be taken out of the reserve, which really is for a rainy day and not circumstances like this. So, we look to the Trustees for a solution and, speaking as a taxpayer, I am concerned.”
“I understand completely,” stated the Mayor. “I can say that we don’t have any plans at this point in time to cancel any infrastructure related projects but we’ll have to take a very careful look at this and come up with a plan. I am confident that I can do it and I’m confident that I can bring us back to a situation where we may even be able to come in under budget. It is something that I focus on all the time. I have been successful at doing it for the last three years in a row. I certainly understand your concerns. Remember I too am a taxpayer. Every Board member is a taxpayer. We are all on the same course to do whatever we can to keep the expenses down despite the fact that we have had this unplanned expense.”
Returning to the issue of 47 Clubhouse Road, Marc D. Citrin commented that after viewing the meeting agenda, he had taken a look at Orange County Property records online and that these still note that the property is a seasonal residence and the assessment continues to be based on part-time residency. “I don’t know if the Village has ever informed the County of this change that took place two years ago based upon a court order, but I think it’s important that that be done.” He further noted that the owner of the property had not been publicly named and he wondered whether or not it would be appropriate to do so as per the County records. “The owner of that property according to the County records is Elisa Gilbert. I mention that because Ms. Gilbert is acting at the present time as the attorney for Trustee Brooke both in the Guazzoni action as well as in the McFadden action.”
“What do you mean the McFadden action?” inquired the Mayor.
“You have an action against the Board of Elections…”
“She is not representing me. I have a different council”
“I didn’t say she represented you, she represents Trustee Brooke. In addition, she lists her voting address as Trustee Brooke’s address. I would say under those circumstances with respect to the Boards consideration of this particular issue, that it is imperative for Trustee Brooke, based upon his relationship with Ms. Gilbert, to recuse himself on this particular vote and this particular discussion. Finally, based upon the answers I heard from you, Mr. Mayor, and Trustee Brooke….It is unclear to me whether at the end of this process it is going to be Ms. Gilbert or the Village or a combination of the two that will be paying the costs of this improvement of the property, assuming that the BAR and the Trustees agree. At this point in time are you able to tell us who will make the improvements, who will pay for the improvements…and the improvements obviously will enhance the value of Ms. Gilbert’s property.”
“As I stated,” responded Mayor McFadden, “I haven’t seen the plans. We haven’t been approached to spend any Village tax dollars on that and I think that if you want to make your voice heard, and apparently you have a very strong opinion on this, I would recommend that you make yourself heard at the BAR. Make it very clear that that is something you would be against and allow the BAR to take that under consideration for their recommendation to the Board of Trustees. The you will have another opportunity to make that very clear at another Trustees meeting.”
“Mayor, I am not necessarily against the improvements,” stated Mr. Citrin. “I don’t want you to state a position that I don’t hold. My primary concern is…is there any indication as to who will be paying for those improvements?”
“No,” responded the Mayor. “We have not gotten to that point yet, but certainly it will be an issue and it should be resolved at the appropriate time. Now you mentioned Claudio Guazzoni. Claudio, as represented by his attorney, has submitted a FOIL request to the Village on this property. That is an on-going situation that also limits what I can discuss until the FOIL information is released and under the advice of the attorney. But, I hear what you are saying and I appreciate it.”
“I would like to make one comment,” stated Trustee Brooke. “When that property first came up before the Board, given my relationship with Elisa, I recused myself from any decisions. So, I’m not involved in anything. So that’s in the minutes…and it’s done. When you talk about legal expenses, we are trying to answer that question, but there was a temporary restraining order placed on the vote by Claudio. You joined that suit. So, our legal expenses have been in defending that stay and that is continuing to go forward…so the Village has had to defend itself. With respect to 47 Clubhouse Road, I recused myself from past and all future discussions.”
Elizabeth Cotnoir expressed concerns over the proposed boat on Wee Wah lake. She feels it appears to be quite large and while she now understands that it will not be the property of the Village or used by members of Wee Wah Beach, she worries about the impact it might have on the on-going Milfoil situation in that lake. Although the Village chose to use ProcellaCOR at the recommendation of their lakes manager, it was also their recommendation that the following year the Village continue their program of pulling. She does not believe this has happened and is not sure why, but she has seen some milfoil and is concerned about the impacts of adding boating activity to that small lake. She wondered if the Board had anything to offer with regard to lake manager’s initial recommendations/ plan and why the pulling had not been implemented.
Mayor McFadden responded that the Lake Manager had completed an inspection of all three Village lakes after which he reported that the Milfoil was 100% gone. This delayed the second year application of ProcellaCOR as originally planned and divers were not scheduled. Because the Milfoil is gone, some of the indigenous weeds have been able to “gather steam” and so what people seeing are different varieties of aquatic plants that are springing up and these are being confused with Milfoil. There has also been some algae growth and the Village had been preparing to deal with this but following the recent rains the lakes appear to have corrected themselves and the algae disappeared.
Jim Hays commented that as he understood it the ProcellaCOR had been applied last year and the treatment had been highly effective. “In general,” he added, “these chemical treatments do not totally eliminate the evasive. That’s not what they do. Maybe ProcellaCOR is going to be different, but it’s doubtful. It was my understanding that if the Milfoil came back that there would be pulling. So, does AJ (Lakes Manager) say that the Milfoil has returned.”
“No, he has not,” replied Mayor McFadden.
“Has he inspected?” asked Mr. Hays.
Although uncertain of the exact date, the Mayor indicated that he believed the most recent inspection had been a month or so ago.
“That’s too early,” suggested Mr. Hays.
“I am wondering if anyone has seen Milfoil,” queried Mayor McFadden.
“I have a boathouse on Wee Wah.” Replied Ms. Cotnoir “and I have seen strands wash up there…and I know what Milfoil looks like…that’s why I asked the question.”
The Mayor wondered whether she might have a photo that he could pass along to the Lakes Manager. Following some further discussion, the Mayor agreed to contact AJ and have him come inspect.
Consent Agenda:
Patrick Burke gave a brief presentation outlining the proposed Tunnel to Towers event and the associated insurance was briefly discussed.
The Board then voted unanimously in favor of approving the consent agenda, which included the following items: archiving of written reports, two part-time police officer resignations, a new police officer authorization, approval of the Tunnel to Towers event, Ameritas dental and eye care plan renewal, election inspectors’ payment approval and permission for the Village Clerk to attend an all-day class hosted by New York State Retirement on September 7.
Old Business:
Report on Interest Payments – Mayor McFadden asked Deputy Mayor Shaw to provide an update on the interest the Village has earned from the funds that are invested in NYCLASS. Deputy Mayor Shaw reported that last year at this time YTD the Village had earned $5,000 in interest while this year, through NYCLASS, they have earned $25,000. The Village commenced with the program on July 19. Referencing the questions and concerns regarding unbudgeted expenses that had been expressed earlier by Chiu Yin Hempel, Mayor McFadden noted that the Village would be receiving unexpected revenue via this program, likely to the tune of $10-$15k per month. The Deputy Mayor corrected him, indicating that the number would likely decrease a bit as time went on. The Mayor then thanked Village Clerk Elizabeth Doherty, John Ledwith and Deputy Mayor Tinka Shaw for spearheading the NYCLASS initiative, further noting that they had done a terrific job and that the Village was very excited about sharing this news with residents.
Jay Reichgott inquired as to whether the Board could reveal what the rate of return was as opposed to the amount.
“Currently, the average yield is 5.13,” responded Deputy Mayor Shaw. Stocking Tuxedo Lake with Fish – The cost of stocking the lake with brown and rainbow trout will be $18,300. The Mayor asked the Board to consider a hardship supporting the exemption of the three vendor bid requirements as per the procurement policy as they have been unable to locate any other credible organizations that stock the fish. The attorney advised that such an exemption was likely not necessary. There was some discussion about the verbiage of the proposed resolution followed by some slight tweaking after which the Board voted unanimously in favor of adopting the resolution.
Jim Hays wondered whether or not there had been a demand from fishermen for trout, further noting that trout does breed in the lake, which is why the Village keeps adding them. “If there isn’t a big demand, I wonder whether doing this every year is worth the expense,” he added.
Mayor McFadden clarified that it was done every year. Further he indicated that it played a broader role then just for fishing/sport in that it helped the ecosystem of the lake.
New Business: Resolve for Harris Beach to Review and Advise on Key Policies and Compliance- A resolution authorizing new Village attorneys Harris Beach to conduct a comprehensive review of essential policies, including those related to sexual harassment, procurement, investment and ethics was introduced. Additionally, the attorneys will examine potential conflicts of interest that may arise as will also assess the status of required State training and compliance, promptly informing the Board and appointed Boards of any identified gaps or lapses. This proactive measure will ensure that the community’s operations align with legal mandates and ethical standards. The goal is to strengthen the Village commitment to transparency, accountability and adherence to State-mandated regulations across the various facets of government. The cost of this project falls outside of the fixed annual compensation agreement. Therefore, an estimate is requested for final authorization by the Mayor. The attorney advised that he did believe that this would fall within the scope of work outlined in the annual agreement but that they could put together an estimate as to how long it would take to complete the audit.
Trustee Kasker wondered what if any restrictions might exist as a result of the Village being on the National Registry of Historic Places. He suggested that they should gain some clarity on this and what it means for them in terms of what can and cannot be restricted as a result.
The Board voted unanimously in favor of the resolution. Webmaster Vendor Replacement Authorization – This is regarding searching for a outside vendor to take over the management of the Village website. The Mayor has resigned as the Webmaster. While he, Elizabeth, and John are able to keep up with small tasks such as posting agendas etc., the Mayor estimates that they will need to invest 20-30K to put somebody in the position. He further recommended that they start by reaching out to the Windsor IT group, who have done a terrific job setting up the YouTube channel and he felt it worthwhile investigating whether or not they would be willing to take on more tasks.
Trustee Kasker suggested that some clarity was needed as to what the specific tasks of a Webmaster would be. He added that personally speaking, he would rather see $20-30K spent on hiring a Deputy Clerk, who could in turn manage the website. That being said, he did not have any objections to exploring the idea.
The Mayor agreed that help is needed in the Village Office and added that he had asked Elizabeth to put together a list of tasks so that they could in turn hire somebody and that perhaps the role of webmaster could fall within that. A resolution authorizing a formal search and bid process and further directing the Village Treasurer to recommend a solution for the unauthorized expense was then voted on and unanimously approved. Conditional Approval of Boat- Noting that this had been briefly discussed earlier in the meeting, the Mayor suggested that the boat as proposed by the potential buyer is in compliance with Village code. He suggested that in his view, the Board should maintain the right to regulate the speed at which the boat can operate. Concerned about the safety of swimmers in that lake, Lili Neuhauser inquired as to whether or not the Beach Club had a parameter within which they were permitted to swim. The Mayor agreed that this was an important issue and that to date the Village has been fortunate in that there have not been any accidents. He added that there was currently no law on the books that prevented anyone from having a boat. “Certainly, safety has to be taken under consideration by the owner of the boat and that would be expected of any boat owner on any lake,” he added.
Following a brief discussion, it was determined that because the proposed boat was compliant with the code, a Trustee vote was unnecessary. Abandoned Property Return – The Village is in receipt of a letter informing them that they are the owners of unclaimed property from HSBC in the amount of 1,452.70. Following a brief clarifying discussion and in consultation with their attorney, the Trustees voted unanimously in favor of the return. BAR Review for Property Improvements- A resolution instructing the proprietor of 47 Clubhouse Road to participate in an informal review before the BAR pertaining exclusively to the Village-owned property commonly referred to as the “100 Steps,” was presented and discussed. The BAR’s assessment will encompass an evaluation of the selection of materials and the proposed arrangement and design layout of the intended alterations and enhancements. Upon receipt of the BAR’s recommendations, the proprietor shall present them to the Trustees for final approval. Trustee Kasker suggested that it was still unclear as to whether the Village would be undertaking the project after the plan had been presented or the property owner. He wondered if it would be better for them to authorize the informal review rather than to instruct it.
“I don’t even know why this issue even came up,” commented the Mayor “because no one has ever mentioned who is paying for it. We’ve never discussed that. I don’t think there is any request for the Village to pay for it that exists.”
Trustee Kasker responded that he did not feel they could instruct somebody to go and do something like this when they did not even know whether or not that person wanted to pursue it.
“The homeowner offered to contribute stone and workmanship to build the path at no cost to the Village,” stated Trustee Brooke. “The Village responded that they would have to appear before the BAR and the BAR is responsible for any changes to a dwelling. So, it doesn’t have anything to do with a dwelling, so the person said ‘I’m not gonna do it.’ If they don’t do it, it becomes the responsibility of the Village to provide a safe 100 steps. The heavy rains have damaged the 100 steps pretty dramatically. We can say this but it’s the call of the owner of the property on whether they want to go through the process, but if they don’t go through the process there is still an obligation of the Village to handle it.”
“I’ve spoken today with the owner,” commented the Mayor, “who agrees with my recommendation and is willing to do that. At this point in time there is no discussion of the Village spending anything. Hopefully this will be a very smooth process. Simple. It has to go through the BAR because it is Village owned property and they have to assess the colors and the materials. There is also the issue of a Village sewer line going through that area, which is going to be of interest. So, there are going to be barriers and potential obstacles but it needs to be treated like any other application in my view. If these issues come up, the public and the Trustees will have every opportunity to express themselves. My goal is to get this process moving and hopefully it will be on the next scheduled BAR meeting. Again, I recommend that everyone attend that meeting that feels that they’ll be affected by whatever the solution is…and we’ll treat it like any other approval. The only distinction is that it is Village owned and therefore while we are required to appear before any particular associated Board, the Village may or may not take the recommendations and then that I suppose would raise the issue of who is paying for what. Let’s stay in the lanes now and see what happens.” He went on to make an analogy between this project and the Booth reconstruction project.
Trustee Kasker reiterated that he preferred the word authorized be used in the resolution as opposed to instructed. Following minimal discussion, the resolution was re-worded to reflect this and the Trustees voted in favor of approval with Trustee Brooke abstaining.
Stuart McGreggor wondered whether the contiguous property owners would be notified of the meeting and the answer was yes. Village Adoption of NYS Unified Solar Permit Guidelines- Jim Hays, Chairman of the Climate Smart Committee, has recommended adopting the NYS Unified Solar Permit guidelines for solar panels (posted online) in both Village-owned and private properties within the Park. The Mayor has heard that there are some residents who are in favor and others who are not and he feels it is something that the BAR should be involved with and weigh-in on. He has recommended to Jim and members of the BAR the following: Before proceeding with a vote on the adoption of the permit, he suggests providing the BAR the opportunity to conduct a comprehensive assessment of the implications, advantages and potential challenges related to the integration of solar panels within the Villages historical context. Also, before voting on the current proposal, the Mayor recommends allowing the BAR adequate time to thoroughly examine the implications, benefits and drawbacks of incorporating solar panels within the framework of the Village’s landmark designation. With this in mind, he further suggests that the BAR provide a comprehensive recommendation to the Trustees, outlining the potential integration of solar panels into the Village’s architectural landscape. This recommendation should include a dedicated chapter within the design guidelines, explicitly addressing the utilization of solar panels. The recommendation from the BAR should also encompass specific technical specifications and details related to solar panel installations within this chapter. This could contain guidelines on permissible specifications, such as size, appearance and positioning and a list of approved manufacturers whose products align with the Village’s aesthetics and preservation goals. The Mayor believes that the Village must strike a balance between sustainability and preserving the character of the community. This matter has arisen previously, but he feels that it warrants a deeper exploration and analysis. By engaging in a comprehensive study, the Village will be better equipped to determine the most suitable and harmonious approach to integrating solar panels, which aligns with their commitment to both environmental responsibility and honoring their architectural heritage.
Jay Reichgott commented that he did a lot of work with solar panels and that the technology changes at an alarming rate. He strongly suggested that any recommendations made by the BAR or any other Board come in the form of performance standards.
“We have to incorporate it,” stated Mayor McFadden. “ It’s all about sustainability. We have a responsibility as a Village I think. The committee has made recommendations. The State has made recommendations. Rather than to hastily incorporate a yes or a no, I would prefer to have the BAR examine it and end up in a new chapter for the design guidelines.”
Jim Hays commented that the purpose of this was to streamline the installation of the panels, which makes it easier and cheaper for contractors because they know what the standards are. “This does not in any way eliminate what the BAR might say about what kind of panels or where a particular panel should be or that sort of thing. That is certainly with the purview of the BAR, but this Unified Solar Permit is really technical installation and how they panels are to be installed.”
This was discussed. Ultimately, Mayor McFadden stated that he would speak to the BAR and facilitate their review.
Following the audit of claims the Board adjourned into an executive session to discuss legal matters and the candidates for the open Planning Board seats. When they returned to the open session, Trustee Brooke made the following statement:
“We have been continuing to interview candidates for the Planning Board. We have not completed that process, but we hope within the next week or two to complete that process using Zoom. Following that process we will make a conclusion as to how we are going forward.”
The Village Board of Trustees met on Wednesday, July 26 at 7pm. All members were present. Trustee Scherer attended remotely via Zoom from China.
Mayor’s Comments:
Because there has not been a winner identified in the election, the Village has been presented by their counsel with three options for the annual reorganization meeting as follows:
Technically appointments can still be made by the Mayor and the Board for 23-24 even though the Mayor and Trustees Brooke and Scherer are in holdover status since Village business cannot properly come to a halt due to election issues.
However, the Village and the Board may also choose not to make appointments to terms of office with the Mayor position currently in flux, and the Village can publicly acknowledge that all persons holding terms of office are to continue as holdovers until a determination is made as to who is elected to the position of Mayor.
Alternatively, the Village Board can also take no action on appointments at all, in which case existing occupants of the offices will remain as holdovers as a matter of law under the Public Officers Law.
The Village will be doing a combination of these things with the intent to hold a traditional Reorg once the winner has been identified.
At the suggestion of Mayor McFadden, Trustee Kasker then read the following with the intent of clarifying some information that has been circulating outside of the Village:
“On June 28, 2023 our long-time Village counsel Brian Nugent of Feerick, Nugent, McCartney, PLLC tendered notice to the Tuxedo Park Board of Trustees announcing his intention to conclude his services. We gratefully acknowledge Attorney Nugent’s invaluable counsel over the last 8 years and extend our best wishes for his future pursuits. We are pleased that two Attorneys from that firm, Steve Honan and Christopher Pavlacka will remain to advise the Board of Architectural Review and to also to support matters respectively. Tonight, we are considering a resolution to appoint counsel to the Village Board for this coming official year from Harris Beach. They have big shoes to fill but we know they have a solid track record and are
Competent. We are confident in their ability to provide candid and legally sound advice.”
Reports:
Click here to view the Police Report
Click here to view the DPW Report
Click here to view the Building Department Report
Public Comments:
Before opening the public comment session, Mayor McFadden reminded the audience that out of an abundance of caution, he had recused himself from any matters related to the defense of the Village and Elizabeth Doherty. He requested that any questions concerning the election NOT be addressed towards him or he would have to leave the room as part of his recusal so that the questions could be addressed by the Board.
Jay Reichgott noted that one of the items on the agenda was spraying for ticks at the Wee Wah. Acknowledging that the Village had likely done their due diligence in collecting 3 quotes for this service, he urged them to accept none of them. “Even if they told you that it was an organic product and that it would only kill the ticks and it wouldn’t hurt any good bugs,….you kill the bugs, you kill all the bugs. You kill the ticks…you kill the mosquitos, you kill the dragonflies, you kill the fireflies, you kill the butterflies, you kill the bees…and you don’t really kill the ticks. It’s not very effective.” He went on to recommend a product called Tick Tubes, which are small tubes filled with cotton wool that has been treated with insecticide. When placed around the area in question, the field mice (which are the major vector for the ticks in the spring and the fall) are attracted to the cotton wool and this in turns kills the ticks without harming any of the other insects. “Ticks are a thing,” he stated, “but spraying for ticks or any insect willy-nilly is remarkably bad for the environment, for all of us….and it’s not very effective.”
The Mayor thanked Mr. Reichgott and called on anyone in the audience who might have any experience with tick treatments and tick sprays to join the conversation.
Lili Neuhauser noted that T.P.S. did some sort of treatment and suggested that the Village consider contacting them to learn more about it. Gavin Maxwell commented that he felt tick tubes were an excellent suggestion and a highly effective option.
Mayor McFadden inquired as to whether anyone knew where the tick tubes could be obtained and he was told that they were available on Amazon for a relatively modest price.
The Mayor commented that he felt they should consider it. Trustee Kasker agreed, further noting he thought that T.P.S. had been faced with some D.E.C. restrictions as to what they were able to use on their playing fields and that the Village might want to check with that Organization before moving forward. Mayor McFadden subsequently tabled the discussion on ticks under the New Business section of the agenda, in favor of further exploring the tick tube option.
Claudio Guazzoni stated that he would be addressing his comments to Trustee Kasker because the Village Attorneys dealing with the election report to him. Trustee Kasker interjected, informing Mr. Guazzoni that this was not the case and that as per a resolution made at a special meeting the month prior, he was the key point of contact for the Open Meetings Law violation and not the Election Law accusation.
Mr. Guazzoni asked who the key point of contact for the election case was and he was told that it was Clerk Elizabeth Doherty. Mr. Guazzoni therefore stated that he would direct his comments to her.
“Hold-over Mayor McFadden has told us that he has hired no attorneys….that he represents himself. Ms. Doherty, I am putting the Village on notice that….”
At this time Mayor McFadden interrupted Mr. Guazzoni, commenting that he felt he needed to recuse himself. He then left the room. Mr. Guazzoni continued:
“I would like to put the Village on notice that the Village Attorneys, hired by the Village, and their actions seem to be representing too much of McFadden and not enough of the Village. The Village and the Village attorneys should be neutral. They should not care who the ultimate winner in this Mayoral election is. However, although their words speak neutrality, their actions are quite loud as they aggressively support the candidacy of David McFadden. This is a very expensive law firm that the Village has hired, paid for by Village monies, who David McFadden has seemingly highjacked as his own campaign attorneys. We have made a proposal to the Village attorneys, which is in the best interest of the Village and the proposal has been oddly rebuffed. Ms. Doherty, you might not be aware of this, but a number of people around here identify David McFadden as their boss. People around here work for “Boss Mac” and they don’t work for the Village. Under such overbearing pressure from “Boss Mac,” how can we expect that a Village election could have been fairly run by the Village Clerk, when “Boss Mac” put her in a pressure cooker day-in and day-out. In fact, the pressure is so bad that before handing out absentee ballots, the Village Clerk did not even check to see whether that person was registered!”
Trustee Kasker interjected to let Mr. Guazzoni know that his time would soon be up and that when it was finished, he would be cut off.
“A friend of McFadden’s who lives in the Woodlands was even give a ballot and allowed to vote,” continued Mr. Guazzoni. “This never happened before. We made a proposal…please…let’s come to an agreement.”
At point Mr. Guazzoni’s time was up, and he was cut-off. Trustee Kasker inquired as to whether or not anybody else from the public had any comments about the election case, further noting it would make sense to bring these forward now, before Mayor McFadden returned. There were none, and so the Mayor was called back into the room.
There were no further public comments.
Consent Agenda:
The consent agenda, which included adding written reports to the record and adding minutes from the two previous meetings to the record was unanimously approved.
Old Business: Update from John Ledwith on WIFI at Wee Wah Park & Beach Club, Paid by Donations and the Status of YouTube Vs Vimeo Channels, Paid from Windsor IT Budget- WiFi at the Wee Wah has been updated so that there is now a dedicated WiFi signal coming from a utility pole there. Installation was completed earlier that day, but the IT people still have to set up the final connection to WiFi devices. This work should be completed by Monday, July 31. The cost of this service will be just under $200 a month. In consultation with IT support, the Village has decided to move from Vimeo to YouTube. A YouTube channel has been created and videos of past meetings have already been uploaded there. The URL is: https://www.youtube.com/@VillageofTuxedoPark
New Business: Resolve to Authorize the Mayor to Sign a Letter of Agreement with the Law Firm of Harris Beach to Serve at the Pleasure of the Board, as Legal Counsel to The Village Board, Effective August 1, 2023- As part of this resolution, The Mayor requested that the Board authorize him to also negotiate the fee structure. Because they did not have a copy of the agreement in front of them, the Board decided to temporarily table the vote until they could obtain one. Resolve to Add John Ledwith as the Second Signature to NYCLASS Transfers and on Chase Bank Accounts- This was unanimously approved. Resolve to Approve W & S To Engineer a Solution for Repairing the Ceiling in the Water Plant to be Implemented by The DPW – The current quote for the engineering of this project is $15,900, down from an initial $19,500. Additionally, it will be designed so that the DPW should be able to complete most of the work themselves. Also, part of the engineering is the addition of a larger, 2nd floor door, which will allow for easier access to the chemical rooms. The Board voted unanimously in favor of approving the work. Resolve to Authorize Weston & Sampson to File Grant Applications at a Cost of Approximately $2,500. Deadline August 10, 2023- Building Inspector John Ledwith provided a brief description for each of the following projects, for which Weston and Sampson will assist the Village in applying for grant monies: Town of Tuxedo water meter relocation, East Village water main replacement, Mountain Road water main replacement, Tuxedo Lake water main replacement and water treatment plant clear well upgrades. In total, these projects will cost the Village in excess of 1 million dollars. If secured, the grant monies could cover 25-30% of the cost. The Board voted unanimously in favor with moving forward. Resolve to Approve Company to Spray for Ticks at Wee Wah Park Paid By Donations – This was Tabled so that the Village might further investigate the option of Tick Tubes as discussed earlier in the meeting. Resolve to Approve Company to Install Ground Water Irrigation System Paid by Donations – The Village has obtained 3 quotes for two different variations of this project, which would entail irrigating to the newly installed grass at the Wee Wah where the parking lot used to be. They are all in excess of $13,000 with most of them being over $20,000. Mayor McFadden suggested that when they had begun investigating the system things were very dry but since then there has been a lot of rain and as a result, he was not sure they needed to move forward with making the investment at this time. Everything ay the Wee Wah is currently “nice and green.” He recommended that they table the project for the time being. The Board was in agreement and so it was tabled. Resolve to Appoint Ryan Lynch as the BAR Chair – Trustee inquired as to how long the appointment would be good for. Mayor McFadden responded that the attorneys had advised him that they could assess this at the next re-org meeting. The appointment was then unanimously approved. Resolve to Approve Company to Stock Tuxedo Lake with Trout During the Month of _____ with the Blessing of AJ, Lakes Manager, and to Discuss the same with The Tuxedo Club and Village Boat Club – As only one bid has been received to date, this was tabled to allow the Village time to collect two more bids.
The Board then entered into an executive session to discuss water department matters with Jeff Voss (DPW Supervisor) Discuss Legal Matters, Certain Village Employees and water Utility Maters.
Following the executive session, the following two resolutions were made and adopted unanimously:
A resolution requiring that all non-functioning water meters be reported to Jeff Voss on the day that the meter is reported as non-functioning. A list of non-functioning meters will be included in the monthly DPW report. Meters will be repaired within 30 days of being identified. Any meters not repaired within 30 days will be reported to the Board of Trustees and the report must contain a reason why the meter repair could not be completed within the allotted time period.
A resolution authorizing the Mayor to negotiate the fee structure and once satisfied Sign a Letter of Agreement with the Law Firm of Harris Beach to Serve at the Pleasure of the Board, as Legal Counsel to The Village Board, Effective August 1, 2023. Attorneys from Feerick, Nugent, McCartney, PLLC will remain on Board to work with the BAR.
The Village Board of Trustees met on Monday, June 26 at 7pm. All Trustees were present. Trustee Scherer joined the meeting via Zoom from New York City.
The meeting began with a 1 hour 45-minute executive session to discuss legal matters.
When they returned to the public session, they voted on three resolutions.
The first formally discharged acting counsel Brain Nugent from representing both the Village and Village Clerk Elizabeth Doherty in the matter of Guazzoni vs. The Village of Tuxedo Park.
Trustee Kasker commented that he did not feel he had enough information having only just been informed of it during the executive session. “I do not feel I have had enough time to make a decision,” he noted. Trustee Shaw added that it was new to her as well but she did see the long-term benefit of hiring a specialist for the Village.
The Board then voted in favor of passing the resolution, with Trustee Kasker abstaining.
The second motion was an approval of a $25,000 budget for the retention of independent counsel pending the election litigation.
Trustee Kasker commented that he did not know either of the attorneys who were being put forward. Trustee Shaw wondered about the amount…whether it was just a down payment or if it was expected to cover everything. She was told that they simply do not know at this point but that requiring a retention fee up front was common practice for many attorneys.
The Board then voted in favor of passing the resolution, with Trustee Kasker abstaining.
The third resolution designated Mayor McFadden as the primary contact for the new attorney for all matters associated with strategic decisions on behalf of the Village and Elizabeth Doherty in the matter of Guazzoni vs. The Village of Tuxedo Park. “It is agreed that the office of the Mayor may, at its discretion, call upon the Board of Trustees to assist in evaluating strategic options proposed by independent counsel.”
Trustee Kasker requested that they add a line indicating that the Mayor would communicate all phone conversations and communications to the entire Board.
“There may be a situation where I don’t want to do that,” responded Mayor McFadden. “I want to reserve my privilege not to do that….but I think this is pretty clear that when it’s necessary I’ll come to the Trustees.”
“There may be issues,” added Trustee Brooke, “with respect to prospective actions which we may not want broadcast going forward.”
“To a Trustee?” inquired Trustee Kasker.
“Correct,” responded the Mayor.
“Are you proposing to pay for this lawyer?” demanded Trustee Kasker.
“There are issues where the strategy may require confidence unless we can be assured there will be no dissemination of the information,” stated Trustee Brooke, “and we may have counsel address us as a Board.”
“And there is information that I would like to maintain attorney/client privilege on and not subject to FOIL,” added the Mayor.
“This is for decisions on behalf of the Village of Tuxedo Park and Elizabeth Doherty. How would you have attorney/client privilege over the rest of the Board?” inquired Trustee Kasker.
“Because that is the strategy we are working. That has happened. I’ve already had it happen,” responded Mayor McFadden.
“I’ve made my point,” noted Trustee Kasker.
The Mayor then stated that he would take Trustee Kasker’s concerns back to the new attorney.
“Yeah, I’m a little uncomfortable on this,” stated Trustee Shaw.
“Ok, so would we agree that what I will do is to go to the new attorneys and ask them to take a look at what we have passed and if they feel it should be changed, we’ll all talk to them?”
“I would like to have them briefing The Board,” added Trustee Brooke.
“They should be briefing the Board. We are not experts on election law and procedure. This is why we went with these people,” stated the Mayor.
The Board then voted in favor of passing the resolution, with Trustees Kasker and Shaw abstaining.
Trustee Kasker then made a motion that the Board schedule a Special Meeting for the purpose of receiving a briefing from the new legal counsel sometime within the next 10 days. “That way they can tell us if there ever will be an occasion for attorney client privilege with the Mayor only.” The Board voted unanimously in favor of approving this motion.
Resolve to Open the Public Hearing on Draft Local Law No. 1 – Boat and Dock Length (Not Permanent Docks) / Public Comments and Discussion:
The Board voted in favor of opening the hearing. Mayor McFadden opened the discussion by informing the public that the Trustees were not planning to vote on the draft that evening. “The Trustees and the Board have not agreed on a local draft law yet that we feel comfortable presenting to the public. When we do, we want to bring this back onto the table. I think it’s worth having this discussion. There are many sides to it and as you have heard over the past 6-8 weeks, there is an interest in the Trustees discussing this matter.” The floor was then opened to comments. Claudio Guazzoni cautioned the Board that they should think twice before changing anything with the lake. “We have problems with the lake…quality of water and milfoil. Increasing boat and dock size is really for the benefit of a few to the detriment of the many.” He went on to say that the Mayor had promised residents that he would issue a survey but to date, a survey had not been issued. “Another promise broken,” he concluded.
“As I mentioned,” responded Mayor McFadden, “this is on indefinite hold. We’ll keep our commitments, but thank you.”
Jim Hays stated that he felt the survey would be very important. “I think the discussion by the Board will be greatly informed after the survey has been transmitted and reviewed by the Board,” he added. He further suggested that since this subject had come up, there had also been a lot of discussion in the community about the power and speed of boats on the lake. Because of new technologies, there are now electric boats that can go a lot faster than they could when the law was originally put into effect. He implored the Board to consider this when developing the new law and suggested that there should be a question on the survey pertaining to whether or not residents would like to see some limitation on the horsepower or speed of boats on the lake.
Mayor McFadden agreed, adding that the Tuxedo Club actually had several engines which they have had to governor down to slow them down because of wake and noise. He noted that when the law did come back to the table, this would be considered and added that he felt it would be a good question for the survey as suggested as well.
Chui Yin Hempel provided an observation on behalf of her brother-in-law, who could not be present. He and his wife are clean kayakers and they have noticed that within the last week or so there has been quite a bit of white slime floating on the water and that their paddles are bringing up what they referred to as seaweed, but what she fears might be milfoil. She suggested that the Village should look into this as soon as possible. “The science of the lake is not perfect,” she continued. “We really don’t understand and we have to make our water safe and healthy…and so my point is that maybe she should get a firm handle on the milfoil and the algae and other lake related problems before we introduce a new factor, which could exacerbate the lake problems and cost the Village a lot of money to try to remediate. The Lake is a common resource,” she continued, “ and a very critical one. It’s not just a pleasure pond for the boat owners or for that matter the property owners around the lake.”
The Mayor responded that the Village’s lakes manager had changed firms and that the Village was moving forward with re-hiring him through his new outfit. Commenting that the Board shared Mrs. Hempel’s concerns, he added that the Lakes Manger would be coming to the Village soon and that they were reserving all rights to do algae treatments. In fact, they are currently awaiting the permits.
Trustee Scherer agreed, adding that the most recent survey conducted by the Lakes Manager back in November had suggested that all the milfoil had been eradicated, although there was an understanding that it could come back. So long as the new firm received approval that evening, the lakes manager would be in the Park on Thursday and Friday to assess the issue.
Jim Hays suggested that when and if the milfoil was eradicated, there would be excess phosphate in the lakes for other plants to absorb and that it was possible that these plants, which were perhaps natives, would become much more plentiful than they had been before. Algae blooms might also be more so. “The phosphate will be used by something,” he stated. “and if the milfoil is not there, something else is going to use it.”
Mayor McFadden added that people have been observing an increase in aquatic plant growth in Pond #3 and that he himself had observed an increase in growth in front of the Regna and Mengel properties on Tuxedo Lake. “But it’s not actually milfoil,” he said. “It’s a weed that is now able to grow because the milfoil is no longer there.”
Alan Barnett commented that he agreed with those who had spoken before him and further inquired as to whether the Lakes Committee would be directly involved with the Lakes Management firm. “I really think this is very important,” he added. “This is an issue that if done wrong has the potential for creating damage to our environment, damage to our aesthetics, damage to the value of the Park, so I really think that the Lake Committee ought to be involved.”
The Mayor thanked Mr. Barnett for this suggestion adding that they were all looking forward to a constructive debate on the matter.
The public hearing was then closed.
Reports:
Mayor McFadden asked John Ledwith to briefly touch on a recent tree incident that occurred on West Lake Stable Road on June 24. Mr. Ledwith responded that a fairly large tree had fallen onto the Turner property. The (?? WHO??) was subsequently in touch with a tree removal company who came out and flagged several trees for removal. They will be following up with that company to discuss other trees that they might remove. Mr. Ledwith has also been in touch with Orange & Rockland and they are going to come and assess that entire stretch of roadway as there are a number of tall trees that are hanging out over the water there.
Mayor McFadden expressed some further concern over the steep slope that exists on one side of the road there, commenting that in storms such as the ones that have recently occurred, often times perfectly healthy trees fall over. He suggested that he would be reaching out to stakeholders to see if they might develop some sort of plan for remediating these potentially dangerous situations.
Click here to view the Construction Report
Click here to view the DPW Report
Click here to view the Police Report
Public Comments:
Claudio Guazzoni reminded Mayor McFadden that his current term would expire on June 30 and that after that time, he might not be able to communicate with the Trustees as he wishes. He added that the newly hired counsel would be representing the Village and not the Mayor as a candidate. “If the Mayor wishes to have a counsel representing him as a candidate then David McFadden has to hire counsel with his own funds and not with Village funds to represent him…and yes, it’s about $25,000.”
“I am perfectly aware of that,” responded Mayor McFadden. “Thank you for pointing it out.”
Next, Mr. Guazzoni commented that there was a very important meeting taking place in the Town of Tuxedo that evening and he had been a little upset when he learned that the Village had rescheduled their meeting for the same time as that meeting. He asked the Mayor if he could update the community as to what was taking place in Town that evening and further if he could provide some insight into why he had chosen to schedule the Village meeting at the same time.
The Mayor responded that the June 21 meeting had been cancelled due to exhaustion on the part of various Board members and staff following the election the day before. In rescheduling the meeting, they reached out to all the involvzed parties and based on their collective schedules, a new date was chosen. Subsequently, Town Board members (and Village residents) Jay Reichgott and Michele Lindsay reached to the Mayor and requested that the Village try to move their meeting, if at all possible, which they tried to do but ultimately it was not possible. He pointed out that it was very likely a one-time occurrence and that thanks to Zoom technology, people would still be able to view both meetings, although he acknowledged that this was not as good as being there in person. He added that he regretted the conflict and was saddened that it had happened.
Mr. Guazzoni pointed out that by holding their meeting at the same time, the village had precluded themselves from being able to represent their residents and comment on proposed modifications to the Tuxedo Farms Special Permit.
Consent Agenda:
Trustee Kasker asked that they remove item D ‘Approve the Hiring of MEO Ryan Burns Effective June 27, 2023’ for discussion. It was agreed that this item would be moved to an executive session.
Following some further discussion, the Board voted unanimously to approve the following items from the consent agenda:
Add all written reports to the permanent record
Approve hiring of P/T Officer Scott Vecchio Effective June 22, 2023
Approve to Pay Fourlane $4,085 for training and support
New Business: Discussion Regarding Annexation of Bruno Property from Town to Village - There was no discussion, rather the Board voted unanimously in favor of adopting a local law (#2 of 2023) which allows for the annexation of two pieces of property from the Town to the Village. Resolution Approving Road Paving Costs and Road Maintenance Costs of Village Roads – The Village is set to go above the allocated amount of $200,000 for road resurfacing. To date, costs total $230,000 and this does not take into account the $20,000 that they usually keep aside for pothole repair. They are looking at an increase of $50,000. This includes work done to Tuxedo Road, Serpentine Road and West Lake Road (part 2). They are hopeful that once this work has been completed, they will have enough left over to repair Lorillard Road where it meets Continental Road. Trustee Kasker expressed some concern as to where in the budget they might be able to find the $50,000. Mr. Ledwith responded that the work was not scheduled to take place until the end of the summer and therefore they had the benefit of some time to work through that, although he recommended that they do it within the next 30 days. Trustee Kasker suggested they wait until they knew where the money was coming from before the approved the expenditure. Mayor McFadden recommended that they approve it, further noting that they were on a timeline with the Orange County contract. He added that Mr. Ledwith did not seem concerned that they wouldn’t be able to find the money and they would have 30 days to look into it further. Following some further discussion, the Board agreed to approve the expenditure pending the allocation of expenses and voted unanimously in favor of doing so. Resolution to Approve Funding for Wee Wah Park Parking Area using Funds Allocated for such a Purpose in the Current 2023-2024 Budget- The Village has allocated $20,000 in this year’s budget for repair and maintenance at the Wee Wah Park. They have received an estimate of $18,000 to resurface/pave the parking lot and newly constructed road that runs around the bathroom. Mayor McFadden proposed that they take $18,000 of the $20,000 budgeted to fund the project.
Trustees Kasker and Shaw inquired as to what was there now. The answer was compacted gravel. Trustee Shaw wondered how much had been spent to date on the recent improvements. Mayor McFadden informed her that all recent improvements had been funded via a very generous donation from the Madden family. Trustee Kasker stated that he didn’t understand the wisdom in paving it. He wondered why they would want to add impervious surfaces to a beautiful, natural setting. The Mayor responded that before they could move forward with the project, they would have to appear before the Planning Board and they could take it up with them at that time. He suggested that the Trustees approve the allocation of funds so that they could move forward and get themselves onto the Planning Board agenda and get their input.
“I’d rather go the other way,” stated Trustee Kasker.
“I’m sure you would,” the Mayor responded.
Trustee Brooke interjected that these were not roads that would be utilized during the winter and as such, plowing would not be an issue in terms of wear and tear. Therefore, he suggested, it might not be critical that we spend $18,000.”
“That’s fine,” replied the Mayor. “Let’s go to the Planning Board and see what they think.”
There followed a short discussion as to whether it would be more appropriate to bring the project before the Planning Board or the Board of Architectural Review, with Mr. Ledwith suggesting that the BAR was the appropriate Board to handle aesthetic issues and the Mayor asserting that it was the Planning Board who needed to look at it first in terms of drainage and runoff. The Mayor then conceded that there were no storm drainage systems in that area and that as there would be run-off, perhaps it wasn’t the best idea. He asked for alternative suggestions. The item was then tabled. Resolution to Allow Certain Private Clubs to Use the Wee Wah Park & Beach Facility with Board Approval (For example the Tuxedo park Jeep Club and the Open Water Swim Club) –Mayor McFadden explained that there are several private clubs that would like apply to the Village for temporary use of certain sections of Wee Wah Park. Trustee Shaw asked for clarification as to whether this would apply to Village Clubs only. Mayor McFadden explained that they were private clubs that existed within the Village but were not officially sanctioned by the Village. Trustee Kasker wondered whether these clubs would need to sign lease agreements. Village attorney Brian Nugent responded that typically in situations like these, some sort of agreement was signed. Trustee Scherer wondered what it was they would be approving, suggesting that these Clubs could at any time come before the BOT and request their permission. Mayor McFadden responded that he felt it would be a good thing if they formalized this Following some further discussion, it was determined that these things could be dealt with on a case-by-case basis. “Tabled,” stated the Mayor. Appointment of Ryan Lunch to the BAR to fill the open seat of (TBD) – The Board voted unanimously in favor of the appointment. Discuss a Process to Fill Seats on the Appointed Boards of the BAR, PB and BZA- Trustee Kasker suggested that moving forward, when the Mayor had a candidate to present for Board approval that they should have a formal meeting. “I think there are a lot of benefits to this,” he explained, “We would get to hear each other’s questions, think about things that we wouldn’t have thought of before, get to ask the candidate for clarification, get commitments from the candidate for things that we think are important to the Boards, and then vote. That way the candidate senses the seriousness of the five-year term as well.”
This idea was discussed for a few minutes and all of the Board members were in agreement that it was a good idea. It was agreed that they would work through it and work it into the Reorganization agenda. Resolution to Hire GEI as Lakes Manager – Trustee Kasker inquired as to whether or not they a draft agreement to review. Trustee Scherer responded that it was a negotiated agreement totaling roughly $41,000 and proceeded provide a brief summary of the scope of work. Mayor McFadden added that at this point time, based on the most recent survey of the Lakes, the Village did not foresee the need for milfoil treatment this year. The resolution was approved unanimously. Jim Hays wondered whether or not there would be money available to mitigate any milfoil that might turn up as a result of one of the two planned aquatic surveys. The Mayor responded that should that occur, they could discuss it and likely take the money from the water fund. Resolution Approving Wee Wah Park Dumpster – The dumpster in question has been rented and will be in place at the Wee Wah Park throughout the summer season. It is not bear-proof. Trustee Kasker suggested that moving forward, they take measurements and attempt some sort of screening in the area where the dumpster will annually be installed. The Board agreed that this was a good idea. The resolution was passed unanimously. Resolve to Approve Intermunicipal Agreement with Town for use of Wee Wah Park by the Town of Tuxedo Summer Camp- This agreement has already been signed and is similar to the one that was in place last year. The resolution was unanimously approved. Resolution Awarding Stone Wall Repair Bidder- This BID was awarded to HC Landscaping. The amount was not disclosed. Resolution Authorizing Payment to Arnold Construction Company- The Board voted unanimously in favor of approving this resolution. CDBG Resolution – the Board voted unanimously in favor of authorizing the signing of a CDBG resolution. Resolution to Approve the Continuation of the Village Insurance Policy with Travelers- The Board voted unanimously in favor of rolling over the Village’s insurance policy with Travelers. Resolve to Pay Vendor for Work Done on Behalf of the Trails Committee – The Line Item for Funds Shall be from Private Donations Made to the Trail Committee- The Board voted unanimously in favor of approving the expenditure as presented. The money will come from private donations that have been made to the Trail Committee.
Old Business: Resolution to Invest Village Funds with NYCLASS for a Higher Interest Rate Than They Receive Currently- The Board had a somewhat lengthy discussing with regard to how much money they should invest with NYCLASS as opposed to how much money they should leave in the Chase accounts. Ultimately, they decided to create a committee consisting of Trustees Shaw and Scherer along with John Ledwith and Elizabeth Doherty to make recommendations to the Board as to what they should invest in NYCLASS and also have the authority to move forward with the investments so that the Village can take advantage of the higher interest rate. A resolution reflecting this was brought forward and unanimously adopted. Municipal Cooperation Resolution for NYCLASS – The Board voted unanimously in favor of adopting this resolution.
Following the audit of claims, the Board adjourned into an executive session to discuss legal matters, certain Village employees, hiring of a new DPW employee, negotiation of DPW contract and a water utility collection matter.
Notice of Special Village Board of Trustees Meeting June 9 2023
(*Taken From the Village Website 6/7/23)
We want to inform you that a Special Board of Trustees meeting has been scheduled for this Friday.
The purpose of this meeting is to discuss the total investment of village funds with NYCLASS, along with other important matters that may arise for consideration by the board.
We understand the significance of transparent and inclusive governance and invite you to stay informed and engaged. The official agenda for the meeting and detailed instructions on how to join the meeting via Zoom will be made available to the public tomorrow.
Suppose you have any questions or concerns regarding the purpose of this meeting or any specific topics you would like to see addressed. In that case, we encourage you to contact the village treasurer, Elizabeth Doherty, at edoherty@tuxedopark-ny.gov. She will ensure your inquiries are brought to the board's attention for appropriate consideration.
Your participation and involvement are vital to the decision-making process. We value your input and believe we can make informed decisions that positively impact our community.
We appreciate your attention to this notice and look forward to your presence at Friday's Special Board of Trustees meeting.
Special Village Board of Trustees Meeting May 24, 2023(*Taken From the Village Website 5/24/23)
We reached a reasonable compromise on investing in NYCLASS (a Municipal Investment Fund). Essentially, we agreed to increase our interest by investing in NYCLASS after the Federal Government resolves the debt ceiling matter and with the clearance of all legal hurdles, if any. Further, we agreed to compare comparable investment opportunities in the private sector and welcome recommendations from the public and other professionals moving forward.
The Village Board of Trustees met on Wednesday, May 17 at 7pm. Board member Chris Kasker was absent.
Zoom Presentation From NY CLASS Local Investment Pool:
The Board received a presentation from Chris Starr of NY CLASS, a local government investment pool that allows municipalities and districts to pool funds there and collectively earn interest on investments. A basic overview of the features and benefits they offer can be viewed here.
The Mayor and Trustees responded favorably to the presentation. Village Attorney Brian Nugent informed the Board that the Town of Monroe had been in the program for three years and were very pleased with it. Monroe supervisor Anthony Cardone has offered to speak with the Village about the program and it was agreed that they would reach out to him. Town Councilwoman Michele Lindsay noted that the Town of Tuxedo had also met with NY CLASS back in February and spoken with Supervisor Cardone and were planning to pursue the program. While everyone agreed that it sounded like a viable opportunity and solid source of revenue, It was agreed that Trustees Brooke and Scherer would spend some time over the course of the next month looking further into it and report back at the next Trustees meeting.
Public Hearing on Draft Local Law No. 1 – Boar and Dock Length (not Permanent Docks:
The public hearing was opened. Mayor McFadden noted that the Board was in receipt of a letter in support of the law from Sean Madden. Commenting that he would not be reading the letter aloud, he noted that it would be added to the permanent record and made available in the Village Office for anyone who wanted to view it. Trustee Brooke then briefly summarized the letter, in which Mr. Madden indicates that he has a 10-foot dock and a 20-foot boat and would like the ability to increase his dock size to 20-feet for safety reasons and to better accommodate his boat.
Jim Hays commented that at the previous meeting the Mayor and Trustees had agreed to create and circulate a survey amongst the residents soliciting thoughts and opinions on the proposed legislation. He wondered why this had not happened.
Mayor McFadden responded that they had not had the time to do this yet, but assured Mr. Hays that they would not be voting on it that evening.
As there were no further comments from the public, the hearing was continued until June 21 at 7pm.
Reports:
Click here to view the DPW Report
With regard to the work completed at the Wee Wah Park, Mayor McFadden added that 10 new flowering trees had been planted on the property and that by seeding the old gravel parking lot, they had created at least 20k more square feet of green space. Additionally, they are planning to install a new, pre-fab structure near the entry way, primarily for use by Beach Club Management and checkers. The plans for this were recently approved by the Village BAR. The annual celebration party scheduled for Saturday May 20, might have to be reschedule for the following day due to the possibility of rain. Mayor McFadden will keep everyone informed.
Click here to view the Police Report
Mayor McFadden added that he and the Chief had recently pulled together all of the updated materials/information pertaining to laws, creeds, restrictions and regulations and would be distributing these to landscapers at both the Front and Back gates in the coming weeks.
Click here to view the Building Department report.
Public Comments:
Michele Lindsay announced that on the following evening there would be a public presentation at Town Hall focused on plans for improvements to the Downtown/Hamlet area. The presentation will begin at 7pm and the public can either attend in person or via zoom.
Consent Agenda:
Consent Agenda items were approved unanimously.
Old Business: Resolve to approve the T.A.B. Construction Plan for the Race Track Nature Preserve -
The Board voted unanimously in favor of approving the plans, which include the installation of a custom, concrete cover over a large elephant drain on the property, a new, cedar wood handrail at the stone steps near the northern entrance and rustic style cedar gates to replace the rusty metal pole at the Tuxedo Road entrance. Details, including full descriptions and pictures can be viewed here. These plans were before the BAR on May 15, where they were warmly received and endorsed.
New Business: Levy Unpaid Water and Sewer charges – The Board voted unanimously in favor of levying all unpaid water and sewer charges onto the upcoming tax bills.
Following the audit of claims, the Board adjourned to an executive session to discuss certain Village employees and legal matters.
Notice of Special Village Board of Trustees Meeting April 28, 2023
The Village Board of Trustees will hold a special meeting on Friday, April 28 at 11am to discuss the adopted budget and consider suggestions and comments from the public.
The Village Board of Trustees met on Wednesday, April 19 at 7pm. Trustees Shaw and Scherer joined the meeting remotely via Zoom.
Mayor’s Comments:
The Village election is coming up in June and Mayor McFadden announced that he, along with Trustees Brooke and Scherer would be re-running. Commenting that it had been a pleasure serving the community for the past two years, he indicated that they were looking forward to serving for another two and that they hoped they had the support of the community.
From the audience Jim Hays inquired as to whether or not there was any opposition.
The Mayor responded that he was not aware of any, but would not be surprised by it.
Trustee Brooke commented that any opposition would need to file their petitions by May 9. He further indicated that the petitions for himself, Trustee Scherer and Mayor McFadden were in the back of the room and invited anyone who felt so inclined to sign them on their way out of the meeting.
Public Hearing on the Preliminary Budget for Fiscal Year June 1, 2023 – May 31, 2024:
The Public hearing was opened by unanimous resolution. The Mayor then asked the Board members if they had any comments or questions.
Trustee Kasker inquired about engineering, wondering whether $270,000 worth of required engineering projects that had been detailed to them in an email from the Engineer the week prior had been included in the budget.
The answer was not yet and this spawned some discussion. Trustee Shaw indicated that some of the projects listed in the email had been recommended as priority while others had not. “The big one is going to be the wall up on Summit Road,” she noted further suggesting that she believed the engineering fees alone would be upwards of $50,000. Further discussion revealed that the BOT anticipates that this project could cost “hundreds of thousands” and that they will need to work with their bond council, accountant and general attorneys to determine the best way of funding the project.
Reiterating his earlier question, Trustee Kasker noted that the letter they had received indicated that there were $270,000 worth of projects that were required by regulatory agencies on the list and that he wanted to make sure that these were in the budget so that they would not have to go back and make amendments at a later time.
Trustee Shaw responded that she would make sure they were added in.
Generally speaking, Trustee Brooke commented that it looked to him as if the Village had run things extremely well with revenues coming in a little above forecast and expenditures a little below.
“Yes, I am very excited about another opportunity to keep taxes low,” responded the Mayor.
Audrey Perry inquired about the sewer charges. Mayor McFadden explained that by establishing a separate Sewer Department a couple of years back, the Village had been able to ensure fair and equitable cost. Before that time, sewer charges were spread evenly across the tax base, regardless of whether or not a property actually utilized the system. Now however, those properties who do not use the sewers are not charged for them. Mrs. Perry has the benefit of living on one of these properties.
Jim Hays inquired about the Lake Management and Watershed Studies, noting that the 21/22 budget had allowed for $80,000 and only $30,000 had been spent. The following year, $90,000 was budgeted, but it appears as though all of this money has been spent. He asked for clarification. Mayor McFadden then asked Trustee Shaw whether the Lakes Management budget had been exhausted and Trustee Shaw indicated that it had. The Mayor then stated that they would be putting in additional funds for Lakes Management but were waiting to hear from the new firm before doing so. Mr. Hays then inquired about the new firm. The Mayor explained that current Lake managers N.E.A.R. had notified the Village that they would no longer be servicing the account due to staffing issues. They subsequently referred the Village to a new firm where the previous Lakes Manager is now working, and the Village has engaged them. They are awaiting the contract. Mayor McFadden noted that as part of the initial negotiation, he had been able to arrange for annual payments as opposed to one larger, lump sum up front as originally requested. Once engaged, they will be working together with Solitude to determine where milfoil treatment/remediation might be needed.
Mr. Hays inquired as to whether the money that had been set aside in the previous budget for the storm drain project would be rolled over into the new budget.
The answer was yes.
The Mayor then recommended that the Board approve the budget with the understanding that there was an outstanding item.
Village Attorney Robert Zitt advised the Board that if this was their intention, they should make a resolution authorizing whatever change would be necessary and close the public hearing. They could then approve the tentative budget. Any other desired changes can be made after the hearing is closed, but this would require an additional meeting. The Board has tentatively scheduled a meeting for April 28 and so long as everything is in order with all changes made beforehand, they will be able to adopt the budget at that time.
The conversation continued. Board Clerk Elizabeth Doherty had some questions about the contingency line, noting that it was showing as a negative number. She indicated that this had been done in order to bring the appropriations in line with the revenues. “The revenues are either too low or the appropriations are too high,” she commented, further suggesting that if they were to remove a Capital Fund contribution, things would level out. She wondered if this could be done.
The attorney advised that these were things that could be worked out with the Village’s financial professionals after the Public Hearing had been closed. He reiterated that for procedural purposes, his recommendation was that they close the hearing. Then, they could take some time to work out the details and schedule another meeting for the end of April at which they could officially adopt the budget.
“We’re not going to be meeting again because we are going to approve the budget tonight,” responded the Mayor. “I want to make a contingency by resolution now so that we can then approve the budget.”
Trustee Shaw commented that she “could not really wrap her head around” the Appropriated Surplus line and wanted to speak to the accountant about it.
The mayor asked her if she felt it could change significantly and she responded that she did.
The Attorney reiterated that they could approve the tentative budget that evening and still make changes prior to the May 1 adoption deadline. The Board was agreeable to this.
From the audience, Marc Cintron commented that as the budget had only been publicly released late that afternoon, he was requesting that the Village keep the public hearing open so that residents would have sufficient time to review the proposed budget before it is finalized. “Putting it on the website at 3 or 4 in the afternoon for a 7pm meeting simply does not provide sufficient time for members of the public to review the proposed budget and to ensure that their voices will be heard should they have any questions for you….and I would respectfully request that you keep the public hearing until at least April 28, which is what you indicated you would do in the missive that was sent to the community.”
“Right,” responded the Mayor. “We have a little bit of a dilemma in that the actual public hearing is required to be closed tonight by calendar.”
The attorney confirmed this.
“So, we are going to close it,” he continued, further indicating that they would take any public comments at any time before the 28 as well as at the meeting itself.
The hearing was closed.
The Board then voted unanimously in favor of approving the tentative budget.
A meeting was then scheduled for Friday, April 28 at 10am.
Public Hearing – Draft Local Law No. 1, Revising the Lake Laws Related to Dock Size:
Click here to view a copy of the draft law.
Jim Hays asked for an overview of the proposed legislation.
Trustee Brooke explained that Village had been informed by their council that there were 21 local laws that are not reflected in the general code, meaning the laws at written do not match up with the Village Code. The current law as written does not allow for docks that are longer than 10-feet. The Board is attempting to codify this by adjusting the allowable length to be the length of owner’s boat plus 6 inches on either end. Additionally, they would like to adjust the allowable length of boats, raising it from 20 to 25 feet. Lastly, although it is not in the current draft, they would also like to allow for permanent docks as opposed to requiring removable ones.
“I don’t understand this at all,” stated Mr. Hays. “I don’t understand why the dock has to be the length of the boat. Why can’t the boat stick out beyond the end of the dock?”
“Because then you miss your doors on occasion,” Mayor McFadden responded.
“It’s the judgement of people who have worked on this,” added Trustee Brooke “that a 10-foot dock length is inappropriate for a 20 or a 25-foot boat. Given that inappropriate contrast, we are allowing dock length to be expanded to the length of the boat plus 6 inches on each end.”
“Why are you increasing the length of the boats?” Mr. Hays asked.
“Because the law is fairly old and doesn’t take into account all the new innovations with electric boats. Look at what’s out there now! There are tremendous opportunities for electric boats that are over 20-feet…but some of them are 30-feet, so we thought we should at least cap it.”
“The size of the lake has not changed,” asserted Mr. Hays. “So, why is it appropriate now to have bigger boats? It’s a small lake.”
“Well,” retorted the Mayor, “why was it appropriate to limit them to 20-feet?”
“The residents have said that they would like to have larger boats,” added Trustee Brooke.
“Of course,” responded Mr. Hays, “but that is no reason to do it. I am concerned that we have a really very small lake and it’s seemingly very beautiful whether you happen to have a pontoon boat or not. To put larger and larger boats on a very small lake I think is a bad idea. People have gotten along very well with reasonably small boats. I see no reason to increase the size of the boats. The lake would become clogged…and pontoon boats are ugly. They really are. I mean, for anybody else who is looking at them. Yes, some of the electric boats that are on the lake are beautiful, but the big, long boats are ugly. That’s my view.”
“I’m hoping that some of these new alternatives will be taken advantage of. They are not pontoons. I would discourage pontoon boats if I had a choice.”
“There are pontoon boats out there that are longer than 20-feet that are grandfathered,” added Trustee Brooke, “because those boats were on the lake before these laws got passed. There is a curious history. The lake was not part of the Village when the Village was incorporated. The lake came in much later.”
Mr. Hays inquired about the construction of the permanent docks, wondering whether they would be stone or cement.
“If you look at almost all the docks on the lake,” responded Trustee Brooke, “they are wood.”
“And they are all subject to the B.A.R.,” added the Mayor.
Mr. Hays replied that the wooden docks were removed seasonally because the ice would take them out if they didn’t.
“Not if they have certain types of foundation,” suggested Mayor McFadden.
“The only really removable docks are The Clubs’ docks,” stated Trustee Brooke, “and that was put in by a law that permitted many boats to be put in together.”
“and the Village Boat Club,” interjected the Mayor.
Mr. Hays wondered whether the Club would now be allowed to have permanent docks.
The answer was yes.
“You are making a big modification to the shoreline,” cautioned Mr. Hays, “if you install concrete piers into the lake….and this is what you are proposing to do.”
The Mayor responded that this was something that would be discussed at a later date and that the construction of permanent docks was not included in this particular local law.
Concluding that Mr. Hays did not want to increase the size of permissible docks or boats on Tuxedo Lake, Trustee Brooke attempted to move the conversation along.
Mr. Hays reiterated his concern over what he considered to be a major modification to the shoreline of the lake.
“It is not a major modification because many of the docks out there now are stone and cement and rock,” asserted Trustee Brooke.
“That’s true, but they are grandfathered,” responded Mr. Hays. “You are talking about new ones.”
“We’re talking about the fact that permanent docks may have to have a more stable foundation,” replied Trustee Brooke. “You have made your concerns known.”
“I am against permanent docks,” commented Jill Swirbul. “I think it will make too much of a change to the shoreline.”
“I also agree with Jim Hays,” stated Audrey Perry. “I also think that a permanent dock that is going to be as large as you are talking about really would be an eyesore to the lake. It’s not that big of a lake.”
Jay Reichgott pointed out that the proposed dock sizes for the Tuxedo Club and Tuxedo Boat Club marinas are limited to their current size. “If the people who are using those docks also want to have larger boats, then it would only seem fair that a similar increase in the size of those docks be permitted.”
The Mayor explained that in 2005 when the Club installed docks without Village approval, there was an issue and ultimately they came to a settlement, which included a provision that they could not expand.
“Everything has to go to the BAR,” interjected Trustee Brooke. “If the Club wants more boat spaces, they would have to go through the BAR.”
The Mayor suggested that they should ask both the Village Boat Club and the Tuxedo Club for their thoughts and that further the public hearing should be extended.
“I think we should hear from all interested stake holders,” stated Trustee Kasker.
“Trustee Brooke keeps talking about projects going before the BAR,” noted Mr. Hays, “but this is a serious matter and the Trustees should set very strict rules about it. This is not something that should be left up to the BAR.”
“The Trustees approve all docks,” affirmed Mayor McFadden, but he further noted that it was the BAR’s responsibility to approve materials and they had rules in place to regulate that.
Mr. Hays expressed his concern that the BAR did not in fact have rules in place.
In an attempt to summarize and move things forward Trustee Brooke suggested he did not see any controversy over increasing the size of the docks to accommodate boat length. Rather, the controversy appeared to be over increasing the permissible boat size.
Mr. Hays contested this, noting that he was raising controversy over both. “You are doing a lot things at this point which will make very major changes in how this lake looks…and there are people that live In the Park that don’t live on the lake. We care about the lakes as well as those who happen to want bigger docks and bigger boats and all the rest of it…and there are a lot of us…and we all vote.”
Claudio Guazzoni commented that he felt the Board needed to be paying attention to the what Mr. Hays was saying. He suggested that Trustee Brooke was getting pretty aggressive. “Trustee Brooke has a property on the lake and obviously he wants a bigger dock and a bigger boat. Some of us do not have properties on the lake. We don’t have boathouses….but we do appreciate living in a more rustic environment. We do not want Tuxedo Lake to become Greenwood Lake. I take great exception to all the Rodney Dangerfields that I see on the Lake right now. It’s not what I bought into when I moved here 1997. Jim Hays should be taken very seriously.”
Marc Citrin agreed with Mr. Hays. He further suggested that the Village consider surveying the residents, similar to the way they did when the Traffic Booth at the Front Gate was reconstructed. “It’s my personal opinion that all the residents of this community, who love this community, should have the chance to weigh in by way of referendum or survey.”
The Mayor responded that they would take this into consideration.
Chiu Yin Hempel commented that she agreed with Mr. Hays and all the speakers who had come before her. “This whole issue about the docks is a very important matter because we are talking about permanent construction at our reservoir. To the point about the BAR being the approving the authority before the BOT issues a final approval….as far as I know the BAR has no standards at the moment about dock construction on our reservoir.”
Mayor McFadden asked Building Inspector John Ledwith to clarify whether or not the BAR had material requirements for docks.
Mr. Ledwith responded that the BAR had established a list of preferred materials. These are not published. Cedar and Mahogany are currently the materials of choice.
Mrs. Hempel noted that it was not only the choice of wood but the chemicals with which the wood was treated and how the concrete platforms were being manufactured and whether they were completely on shore or partially in the lake. All of these are important factors and she does not feel it is appropriate to designate that the BAR is in control of safety and all these other issues. The Village needs to ensure that the BAR guidelines address these things. Boating and construction around the lake is an important issue. She supports the idea of a community-wide survey.
There were no further comments from the public.
Trustee Kasker inquired of the attorney whether they might be able to research any current DEC or Army Core of Engineer rules pertaining to the construction of docks on a reservoir.
The attorney responded that as far as he knew there were no state regulations pertaining to docks but they would be happy to look at other municipalities to see what they might be doing.
“I support continuing the hearing based on the comments we have heard tonight,” stated Mayor McFadden. “I am not interested in passing something in the dead of night. I want public input from everybody on all sides.”
“We definitely need more input,” stated Trustee Scherer, championing the idea of survey.
Following some further discussion, it was agreed that the hearing would be continued until 7pm on May 17. Mayor McFadden volunteered to draft a survey which he said he would circulate to the Board for their thoughts.
Reports:
Click here to view the DPW Report
Mayor McFadden asked DPW Superintendent Jeff Voss to comment on the recent landscaping work the department had done at the Wee Wah Beach Club property. Superintendent Voss noted that they had removed several dead trees, and also created a path with woodchips behind the playground area and down by the water. This path extends towards the DPW facility to a set of newly constructed stone steps, which lead back up to the horseshoe area.
“For anyone who is concerned about the tree removal,” commented the Mayor, “we did contact Christopher Gow from the tree committee in advance and got approval for all the trees that were taken down…the fact that they were dead.” He went on to note that the tree committee was also proposing to plant a number of flowering trees at the Wee Wah and they were currently working to coordinate locations. Once decided, the DPW will retrieve the trees from the nursery and dig the appropriate holes and children from TPS will join the Village in planting them on April 28, which is Arbor Day.
Click here to view the Police Report
Mayor McFadden noted that this is time of year when people from TPS and The Club are renewing their gate access registration. He reminded everyone that if they had been working with a contractor or a domestic who had previously been granted access but was no longer working here, this would be the time to remove them from the access list. To do this, residents should call Denise in the Village Office.
Click here to view the Construction Report.
Village Clerk Elizabeth Doherty announced that on Friday, April 28 the Village would be hosting a paper shredding event at Village Hall. The event will take place from 12:30 to 1:30pm ( , but residents are welcome to bring their materials to the Village office any time before that and she will see that they are shredded. Additionally, bulk pick-up in the Village will take place on Saturday, May 13.
Mayor McFadden also noted that people had been asking about renewing their Beach Club memberships. “We have not formally opened that process up yet,” he stated, but it will be opened up shortly and announcements will be made.
Tuxedo Park Tree Advisory Board Presentation:
On behalf of the T.A.B., Jill Swirbul requested asked the Board for approval regarding three safety issues they would like to address at the Race Track. These include:
Remediation of an open elephant drain near the Tuxedo Road entrance
Installation of a cedar wood handrail at the steps near the East Lake Stable Rd entrance
Installation of new, rustic style cedar wood gates at the Tuxedo Road entrance
The full proposal can be viewed here
Mayor McFadden asked whether or not the group had ever considered relocating the main entrance over to the Fox Hill side of the property, which would allow them to both create more parking and close the Tuxedo Road entrance. “We’ve had a couple of accidents there,” he noted further suggesting that having cars parked there was not most aesthetic option. Mrs. Swirbul responded that she would bring this back to the group for their consideration. The Mayor then inquired as to whether or not the TAB had been before the B.A.R. with their proposal. Mrs. Swirbul replied that they had not as of yet and that they were waiting for B.O.T. approval before taking that step. Mayor McFadden suggested that this was backwards and that they needed to receive B.A.R. approval first. He further suggested that the B.O.T. would welcome the B.A.R.s input in making these decisions. Trustee Brooke commented that in his view all of the requests were reasonable and he feels that the Village should move forward with them.
Climate Smart Task Force Report:
On behalf of the Climate Smart Task Force, Jim Hays reported that the group was working towards developing a climate action plan for Village government. They have completed an inventory of greenhouse gasses admitted by the Village Government in 2018 and they are currently working on one for the year 2022 so that they can compare. The State has set ambitious goals for reductions over the next several years and they are attempting to discover whether they are possible to obtain and at what cost. One of the things they are looking into is the Inflation Reduction Act, which has a lot of money for this kind of thing. There is a new member on their committee, Jack Perna, who is familiar with this type of grant writing and he has agreed to look further into it. Mr. Hays will be putting together an annual report on the work of the Task Force, which he will be submitting shortly. Public Comments:
Claudio Guazzoni expressed concern about the level of the water in Tuxedo Lake, suggesting that it was 8 to 10 inches low. He wondered whether they should consider putting a stop log in place to ensure that more water is not lost. Mayor McFadden responded that he would discuss this with DPW Superintendent Voss the following day and follow up.
Consent Agenda:
The Board voted unanimously in favor of approving the consent agenda.
Old Business: Resolve to Annex Parcels from Town of Tuxedo into Village of Tuxedo Park – The resolution was read into the record after which the Board voted unanimously in favor of approving it. Resolve to Approve the Establishment of a second “Minimum Sewer Charge” for Residents with Water Wells that will not allow the Village to Install a Water Meter – Following some discussion, the Board voted unanimously in favor of approving this resolution.
New Business: Retain Cooper Arias for Auditing Services for Fiscal Year Ending May 31, 2023 for a fee not to exceed $24,000 – The Board voted unanimously in favor of moving ahead with this. Resolve to Approve Annual Rates for Village Insurance – These have increased slightly and this was briefly discussed. The proposal was approved unanimously. Resolve to Approve Climate Action Plan – Audrey Perry had some questions and asked for clarification pertaining to a discussion on renewable energy that took place at a previous meeting. Following a brief discussion, the plan was unanimously approved. Authorize Purchase of Vehicle for Police Department – This was unanimously approved. Authorize General Code to Proceed with Supplementation and Code Reprint for a fee of $7,960- General Code is the company that maintains the Village Code online. Since last updated, the Village has past 21 local laws and they now need to be incorporated in. The Board voted unanimously in favor of proceeding. Resolve to Sign NYCOM Letter in Support of a Dedicated Funding Stream for Water and Sewer Systems (SWAP) – The Board voted unanimously in favor of authorizing the Mayor to sign this letter. Authorize Westin & Sampson SSES Phase 2 Investigations Proposal- The Board voted unanimously in favor of authorizing Phase 2 of the SSES Investigation. Discuss State Grants for Critical Water Infrastructure Projects – Governor Hochul has announced 425 million dollars in grants for critical water infrastructure projects state-wide. The Village voted in favor of authorizing Westin & Sampson to apply for the grants. Resolve to Re-Proclaim April 28, 2023 as Village of Tuxedo Park Arbor Day- In an attempt to be proficient, the Trustees initially made this proclamation back in October of 2022 , but have since learned that in order to be effective, it must be made within the same calendar year as the event, which is next week. They voted unanimously in favor.
Following the audit of claims, the Board adjourned into an executive session to discuss certain Village employees, legal matters and utility matters.
The Village Board of Trustees met on Wednesday, March 15 at 7pm. Trustee Scherer participated remotely via Zoom.
Swearing in of Police Officer Jacob Goldstein:
The meeting began with the swearing in of newly hired Village Police Officer Jacob Goldstein.
Mayor’s Comments: Mayor McFadden expressed his gratitude to the DPW, the Building Department and the Police Department for “an exceptional month” of hard work.
Public Hearing on Draft Local Law No. 1, Revising the Lake Laws Related to Dock Size:
The public hearing was opened. Mayor McFadden listed several items that the Board would like to see incorporated into the draft of the local law they had received from their attorney. These included: boats can be up to 25 feet, docks can be built one foot longer than the size of the boat, there will be no changes to either the BAR or BZA process for docks or changes to permitted materials.
Noting that he had something that he wanted to “piggy-back” onto the discussion, the Mayor turned to the topic of swimming in the Wee Wag Lake. He asked the Board to consider allowing the Long Distance Swim Club run by Sally Sonne to launch their activities at their own risk via the Wee Wah Park. He added that they expected to have information from both the Village Attorney and Insurance Broker as to whether or not this would be possible at some point in the next month.
Turning back to the docks, Trustee Brooke commented that he felt they should specify that all docks must be permanent docks, as the craftmanship on these was superior to temporary docks. He further noted that The Tuxedo Club was the only entity with temporary docks allowed on Tuxedo Lake and this was solely because they had so many slips.
The public hearing was continued until April 19.
Public Hearing on Draft Local Law No. 2, A Law Granting Property Tax Exemptions for Firefighters and Ambulance Volunteers:
The public hearing was opened. There were no comments from the public and so it was promptly closed. As he is a firefighter who will benefit from the law, Trustee Kasker noted that he would abstain. The Mayor and remaining trustees then voted in favor of passing the law.
Reports:
Click here to view the DPW Report
Click here to view the Police Report
Click here to view the Building Department Report
Public Comments:
There were none.
Consent Agenda:
Items in the consent agenda were approved unanimously.
Among these was the annual Fireworks display at the Tuxedo Club, approved for Sunday, July 2 with a rain date of September 2.
Old Business:
There was none.
New Business: Resolve to Require Residents with Wells to Install a Water Meter for the Purposes of Determining Accurate Utility Rents at Village Expense Under Reasonable Circumstances – There are a group of customers in the Village that use the sewer system, but also have wells. The Village needs to gauge how much water is being used internally in the houses in order to build a sewer rate properly. Following a brief discussion, the Board voted unanimously in favor of establishing the requirement. BAR Meeting Schedule Change – The Board voted unanimously in favor of adopting a BAR meeting schedule change. Moving forward, the BAR will meet on the first the third Monday of each month at 5:30pm, as needed.
The Board then adjourned into an executive session to discuss legal matters, contract and employee matters.
Following the executive session, the Board voted unanimously in favor of accepting a settlement pertaining to a Tax Certiorari litigation. Next they voted unanimously in favor of approving proposed budget transfers conditional upon the final approval by Deputy Mayor Shaw
Village Board of Trustees Meeting February 15, 2023
The Village Board of Trustees met on Wednesday, February 15 at 7pm. Trustee Scherer was absent.
The meeting began with a report from Village Clerk Elizabeth Doherty, who proudly announced that Village resident Sue Heywood had recently been recognized by Orange County Executive Steve Neuhaus as Orange County’s Citizen of the month. Mrs. Heywood has made and continues to make countless contributions to the Tuxedo Community through her outreach work at St. Mary’s and the Sloatsburg Food Pantry as well as her work with the Village lakes and CSLAP program among many other things. Moving on, Ms. Doherty acknowledged the Tuxedo Bag Project, which is a project that was launched roughly 16 months ago by two young Village residents who attend TPS. The original goal of the project was to collect 1000 reusable shopping bags to be donated to the Sloatsburg Food Pantry. Since launching they have collected more than 3000 bags and the program is still going strong. Collection boxes can be found in the Village Office as well as at St. Mary’s and other various locations around town.
Mayor’s Comments:
Mayor McFadden noted that this is a very busy time for the Board as they are occupied with both Tax Assessments and budgeting. He recognized the hard work of Denise Spalthoff who has been doing a lot of hard work with the Water Department as well as Elizabeth Doherty who has been extremely helpful recently, especially with the Village Website.
Jeff Domanski Presentation for Residents on the CCA Program:
Jeff Domanski, Executive Director of the Center for Economic Environmental Partnerships and the chosen, local non-profit partner for Joule Community Power (which is the state-approved community choice aggregation program administrator with which the Village and the Town are engaged) provided the Board and the Public with a brief presentation detailing the Community Choice Aggregation program. This is a program that was enabled in NYS in 2016 that allows communities to join together to form “a buying club” of sorts for the purpose of pursuing new electricity supply choices. Ultimately, this allows participants to pay competitive, if not better rates for 100% renewable electricity than they would otherwise pay from non-renewable production sources. Under the program, Orange and Rockland will remain the primary delivery company, meaning that they will continue to handle billing, storm damage repair and customer service related to the delivery of electricity. The CCA program provides an alternative choice in terms of production supply. The program is 100% transparent, locked into for a fixed period of time and participants can opt-out any time they want to. Joule will put together an RFP seeking rates on 100% renewable electricity and if an acceptable proposal is received, they will proceed, by circulating letters to all eligible customers within the opt-out area over the summer with hopes of launching the live program by late summer/early fall. An informational session was held at the Tuxedo Park Library on February 9 and it was well attended. A second session, sponsored by the Community Smart Task Force, will be conducted via Zoom on February 16 followed by another session at the Library on March 4.
The presentation was followed by a brief Q & A session. Residents are encouraged to educate themselves on the program by attending a future information session.
Resolve to Open Continued Public Hearing on Draft Local Law No. 7, Revising the Lake Laws Related to Dock Size:
The continued public hearing on Draft Local Law No. 7, revising the lake laws related to dock size was opened and immediately continued to March 15, 2023 at 7pm by a unanimous vote of the Board.
Reports:
Click here to view the Police Report
Chief Conklin reminded residents about the opt-out list for solicitation, encouraging them to sign-up if they wanted to avoid knocks on their door from Jehovah’s Witnesses or anybody else.
Click here to view the DPW Report
Click here to view the Building Report
Mayor McFadden noted that Cablevision has been in the Park installing 5G. He wondered whether there had been any issues. Audrey Perry commented that representatives had visited their home, essentially parking in their driveway to access the telephone pole. The proceeded to walk all over their property with wiring, which they left behind. There was no name or telephone number on their work truck. When approached by Mr. Perry, the workmen informed him that they did not speak any English. Out of concern, the Perrys called the Police, who had no idea who the workman were or how they had gotten in the Park. They also called Mr. Ledwith, who did not have any information. They are wondering who these workmen were and how they were able to access the Village.
Chief Conklin indicated that Cablevision frequently subcontracted work of this nature out and that he did not believe there had been any risk to security from the workmen. He further explained that in order to gain entry, they workmen had told the officers on the Gate that they worked with Cablevision and that most of officers spoke enough Spanish to understand what they were saying and where they were from. He further confirmed that the responding officer had collected Identification from the men.
The Mayor concluded that the Perrys had a legitimate complaint and that they should take it off-line and speak directly with the Chief. “We’ll make sure we figure this out,” he stated further requesting that Mr. Ledwith contact Cablevison in order to determine what was going on and how long the work was going to last.
Public Comments:
Audrey Perry commented that she was interested to understand why Trustee Shaw had voted against the 3-year contract for renewable energy at the previous meeting. Mayor McFadden responded that they had some information to share on this topic. “It turned out that some of calculations that we were originally working with were not correct,” he stated, “and the savings would not be born out. We are not pursuing it. There’s not the savings that we thought there was.” Mr. Ledwith added that it appears that the rates the Village is currently paying are competitive.
Claudio Guazzoni noted that he had received a number of emails and that rumors were flying around with regard to item #12 on the agenda concerning granting preliminary approval to connect to Village Sewer. According to Mr. Guazzoni there are a number of residents who believe that this is a request from Mayor McFadden in an attempt to connect his boathouse to the Village Sewer system. He asked the Mayor if he could refute this rumor.
Mayor McFadden responded that it was not true and that the item did not pertain to him and would be addressed later in the meeting as planned.
On behalf of the Tree Advisory Board, Christopher Gow reported that they had met with Denise Tavani at the Wee Wah Park to determine which trees need to be taken down by the DPW as a result of destruction by Emerald Ash Borers. Further they discussed the idea of hosting a tree-planting event on Arbor Day (April 28) together with children from TPS to replace the trees and help restore natural shade to the area. On March 19 they will be co-hosting an event with the Tuxedo Library via the Authors Circle where author Tony Hiss, who will talk about protecting the planet. Lastly, he inquired as to whether the DPW might be able conduct the annual mowing of the Race Track Nature Preserve while the ground was still frozen, which would make the work much easier to do. The Mayor responded that he would leave this to John Ledwith and Jeff Voss to work out.
Audrey Perry then inquired about Hickory Hollow and their request to connect to the Village Sewer system. Mayor McFadden noted that this pertained to the same item that Mr. Guazzoni had referenced earlier. As discussed during the January meeting, the Village was approached by the owner of that property, who is considering developing the land based on recent rezoning in the Town that allows for commercial use there. If that happens, the closest sewer would be available from the Village and if agreed upon, those property owners would then become customers of the Village Sewer system. Mrs. Perry wondered what they were doing there now and the answer was likely a septic system. “Let’s say they were going to put in a strip mall,” explained the Mayor, “ they would have to have a lot more sewer capacity and that would bring new income to the Village.” “What if it’s not something like that,” inquired Mrs. Perry. “What if it’s just a religious organization, which we seem to have so much of already and they don’t pay taxes.” The Mayor responded that this would not be up to the Village but rather the Town to approve. “They still pay a sewer bill,” indicated Trustee Kasker. Mrs. Perry expressed concern with the idea of giving approval for the connection before the property has been sold. Mayor McFadden asserted that they were not granting approval but rather letting him know that he would be welcome to apply and that the application would be granted provided it meets certain conditions. Trustee Brooke added that the letter indicates that the existing owner would be allowed to connect in but did not grant these permissions to a third party and that were they to transfer the property that transfer would have come before them for approval of the connection. “We maintain the right to make that tie-in. This is a preliminary approval to an existing person and it’s a Town property, so they pay nothing to us now,” he added.
Consent Agenda:
The consent agenda was approved unanimously.
Old Business: Resolve to Approve a Letter Granting Preliminary Approval to Connect to Village Sewer – The Board voted unanimously in favor of approving this resolution. A copy of the letter will be posted to the Village Website. New Business: Resolve to Approve Arch Amenities Group/ NYS Pool, Wee Wah Park & Beach Club Lifeguard Management Contract for the 2023 Season – The Board voted unanimously in favor of authorizing the Mayor to sign this agreement subject to vetting of the agreement by the Village Attorney. Resolve to Accept Body Worn Camera Grant – The Board voted unanimously in favor of accepting a $6,000 grant that will allow for the purchase of three body cameras to be worn by the Village’s full-time police officers. Resolve to Acknowledge or Approve: Weston & Sampson SSES Change Order No. 5; and Weston & Sampson Summit Road Retaining Wall Reconstruction; Sampson SSES – Proposal for On-Call Consulting Engineering Services – This resolution was unanimously adopted. Resolve to Award a Contractor for a “Shredding Day 2023 Event” on April 21 – Following a review of three estimates/offers and some subsequent discussion, the Board voted unanimously in favor of moving forward with On-Site Confidential at a rate of $600 per 50 boxes of shredded material. Discuss or Resolve to Pass a Local Law Regarding the Volunteer Firefighters and Ambulance Workers Property Tax Exemptions: Trustee Kasker explained that in December of 2022 Governor Hochul passed an opt-in law that allows municipalities to pass their own locals laws to exempt volunteer firefighters and ambulance workers 10% off their property tax assessment. Following a brief discussion during which some of specifics were further detailed, the Board voted unanimously in favor of both authorizing Board Attorney Brian Nugent to draft a local law and scheduling a public hearing for March 15 at 7pm. Resolve to Approve Orange County Intermunicipal Agreement: This pertains to land-use applications and the required County GML review. This agreement reduces the number of things that will need to be submitted to the County for approval moving forward, listing a number things that will henceforth be considered Local Concern. The Board voted unanimously in favor of approving the agreement.
Following approval of the audit of claims and budget transfers, the Board adjourned into an executive session to discuss and employee and legal matter as well as water accounts.
Village Board of Trustees Meeting January 18, 2023
The Village Board of Trustees met on Wednesday, January 18 at 7pm. All members were present.
Mayor’s Comments:
Mayor McFadden opened the meeting by wishing everyone a happy New year.
Reports:
A joint public hearing with the Village and the Town of Tuxedo focused on the annexation of two parcels of land into the Village as part of the Special Permit process for Tuxedo Farms has been scheduled. Village Attorney Brian Nugent explained that the parcels were purchased by Rattle Snake Preserve, owned by Michael Bruno, and that this organization then assumed the responsibility of moving forward with the Annexation. The hearing will take place on January 23. The Village and the Town will work together to make a determination as to whether it is in the best interest to annex the parcels. There will be a 60-day window following the hearing within which time an Order for Annexation will be issued. Within the original documentation, the Town has indicated that they will support the annexation so there should not be any controversy. One of the parcels is set to be preserved while there is the potential for residential development on the other, although there is currently no plan for development. Mayor McFadden inquired as to whether there was a way that the Village and the Town would split the property taxes for the upcoming year. The answer was yes, there is a process for allotment of any expenses, fees or taxes that will be worked out as part of the order once it moves forward.
On behalf of the Climate Smart Committee, Jim Hays reported on a program that is being offered by the New York Power Authority to municipalities for electricity. The committee is in receipt of three estimates from NovaBus outlining three contractual options for energy over varying lengths of time. Within each option, the Village can choose between fossil fuel supplied energy, 50% renewable energy or 100% renewable energy. The rates offered range from 41-46% less than what the Village currently pays. The program essentially runs in parallel with the Community Choice Aggregation program, which is for residential properties. If the Village decides to move forward with it, they earn points which will count towards their certification level as a Climate Smart Community. This will in turn allow them the opportunity to apply for grants that would not otherwise be open to them. The committee recommends going with 100% renewable energy for a 3-year term. Trustee Scherer agreed with this recommendation.
Click here to view the DPW report
Click here to view the Police Report
Mayor McFadden asked Chief Conklin to report on a recent incident involving ATVs in the Village. He explained that there had been a complaint in December pertaining two noisy ATVs driving past a residence on a Saturday night two times within a two-week period. The resident identified tire tracks coming from the Fox Hill trail onto Club House Road and reported this to the police. The Police then followed the tracks, which lead to a house on Stevens Lane in the Town of Tuxedo. They knocked on the door and the owner indicated that one of the primary reasons he had bought the home there was so he could ride his ATV in the surrounding area. He had been riding down Fox Hill trail, across Club House and up Pine Hill, where he got on the trails that lead to Sloatsburg. The police informed him that he was trespassing and that if it happened again, he would be arrested and the ATV impounded. Subsequently, the Chief has suggested that the Village install boulders on the trail at the Village property line. There have not been any complains since.
Click here to view the Building Department Report
Public Comments:
There were none.
Consent Agenda:
Mayor McFadden announced that the Village was in receipt of emails and/or letters from residents Chiu Yin Hempel, JoAnn Hanson, Jim Hays, Sally Sonne and Elizabeth Cotnoir pertaining to proposed amendments to the current Tree Law as discussed amongst the Boards and at the December Trustees meeting. Those letters were added to the permanent record by resolution but they were not read aloud. TPFYI obtained the letters and they can be viewed here: Sally Sonne 12/23/22 letter to the BOT Jim Hays 1/5/23 letter to the BOT Elizabeth Cotnoir 1/5/23 letter to the BOT Chiu Yin Hempel 1/17/23 letter to the BOT JoAnn Hanson 1/18/23 letter to the BOT
Tax Grievance Day was scheduled for Tuesday, February 21 from 5-9pm.
The Board of Assessors meeting was scheduled for Thursday, January 26 at 6pm.
The consent agenda was unanimously approved by the Board.
Old Business: BAR Openings – Paola Tocci (Chair) replacing the Term of Sheila Tralins; Molly Gonzales to complete term of Josh Aaron; and Stefanie Rinza replacing the term of Christopher Boshears –
The Board voted unanimously in favor of these appointments. It was agreed that the BAR meeting scheduled for the following evening would either be postponed or cancelled in order to allow the new members time to review the open projects and bring themselves up to speed. Planning Board Opening – The Board voted unanimously in favor of appointing Matthew Tinari to replace the term of Portia Hinshaw. Discuss Several Requests by Jeff Domanski Regarding Use of Village Hall and Village Website- Town Board Liaison Michele Lindsay explained that these requests were in conjunction with the community Choice Aggregation initiative, which is now in its’ 90-day community education phase. Informational sessions for the community have been scheduled in the Town…two at the Library and another on Zoom. Because the Village is its own municipality, a similar information meeting must be scheduled within the gates and the pertinent information posted to the Village website. It was agreed that Trustee Scherer would work with Jim Hays to come up with some possible meeting dates and then follow up with the Board. Discuss Resolution Encouraging Appointed Boards to Post Minutes and Zoom Recordings to Village Website- Mayor McFadden suggested that he would like to potentially pass a resolution the following month encouraging the appointed boards (Planning Board, BAR, BZA) to take the responsibility of posting all of their minutes online as well as the recorded zoom meetings, all of which must be posted as required by law. The Mayor further noted that he would be happy to show them how to do it and would work with the Boards on this.
New Business: Resolve to Approve QuickBooks Consulting Agreement with Fourlane- Following some discussion the Board voted unanimously in favor of authorizing Mayor McFadden to sign the contract with Fourlane with the understanding that he would work with them before signing in order to ensure that the village would only be receiving and paying for the services they need and nothing in excess there-of. Resolve to approve Savings in Electricity Costs – This Board discussed the NovaBus information as presented earlier in the meeting by Jim Hays. Mr. Hays and Trustee Scherer recommended moving forward with a 3-year contract for 100% renewable energy. Trustee Shaw expressed some concern wondering who would negotiate the spread. She does not understand why the Village would vote for the most expensive option, knowing that they would not actually be receiving 100% renewable energy. She argued that although the Village might be increasing their chances for receiving grants, there was no guarantee. “For me, it seems like a subsidy for a lovely idea. I don’t understand why we would pay more knowing it is not going to be 100% renewable.” Trustee Scherer pointed out that although there was no guarantee, in his view, going this route would significantly increase the probability of the Village receiving grant monies that could be used for other projects that they would not otherwise be able to afford. Jim Hays offered that the difference between going with fossil fuels and 100% renewable energy over the course of 1-year was only $128 on what is annually a $55,000 bill. “People are not going to notice this,” he said. “The Village did sign a Climate Smart Pledge in which they said that they were going to reduce their fossil fuel emissions. Here is an opportunity to do it. It’s an opportunity to do it that saves money and it seems to me that that’s really the way the Village should go.” Ultimately, the Board voted in favor of moving forward with the three-year contract as recommended. Trustee Shaw abstained.
Other Business: The South Gate & The Tuxedo Club – The Tuxedo Club recently passed through the South Gate with a trailer and the gate came down on the trailer and broke. As is the normal practice when the gate is damaged, the Village sent the bill to the Club, but they are refusing to pay it. The Club asserts that the Village should be responsible for the repair because they are the ones who set the gate to open and close automatically. Mayor McFadden noted that on numerous occasions the manager of the Club had called the chief directly regarding trailer access via the South Gate and each time the Chief had advised him that the gate closed automatically. There were a number of entries with no issue however, this time, there was damage. Ultimately it was agreed that the matter would be discussed further in executive session. Resolve to Approve a Letter Granting Preliminary Approval to Hickory Hollow- The owner of Hickory Hallow is looking for a letter from the Board granting permission to connect to the Village Sewer. The Mayor reported that the Town of Tuxedo has recently re-zoned things where this property is located so that he is now considering “selling the nursery and putting up something…whatever that might be.” He would like to know whether or not he would be able to attach to the Village sewer. “I’d like to craft a letter which has all the cautions in it…it would have to meet all the permits and final approval by the Board and the attorneys and the engineer etc.” he stated.
Trustee Kasker wondered whether the Town had any requirements for potential development of some sort and how that might affect the sewer.
“He might sell the land to the Town,” responded the Mayor. “I don’t know. And with that would go this letter saying that they can attach to our sewer.”
After some further discussion it was agreed that Board Attorney Brian Nugent would take a look at it. Request Drafting a Local Law That Would Require Contractors to Report to the Village – Mayor McFadden stated that he would like to have the attorney draft a law requiring contractors who work in the Village to be sure that the projects they are working on have the proper permits.
Trustee Kasker wondered whether this practice was exercised in other municipalities.
Mr. Nugent responded that he was not aware of one. He suggested that they could put forth requirements that contractors could not work on properties where there is not a valid building permit or there is a Stop Work Order in place. Such a building permit or SWO would have to be posted on site. Trustee Kasker wondered how such a regulation would be enforced. This was briefly discussed. It was agreed that imposing a fine on contractors who did not comply would likely deter them from taking on unpermitted work.
The Board then adjourned into an executive session for the purpose of discussing an employee matter, water charges and legal matters.
Village Board of Trustees Meeting December 21, 2022
The Board of Trustees met on Wednesday, December 21 at 7pm. Trustee Scherer was late.
Mayor’s Comments:
Mayor McFadden thanked both the DPW and Jay Wicks for installing the Holiday lights. He has received a lot of positive feedback. He further wished a Happy Holidays to all Village employees and contractors. On behalf of the entire Board, he expressed best wishes for Happy Holidays to all Village residents. He then thanked the Trustees for their service, noting that it had been a meaningful and rewarding year.
Resolve to Open the Public Hearing on Draft Local Law No. 7 of 2022 – Revising the Lake Laws Related to Dock Size:
As the Board does not yet have a written draft of the proposed law, the hearing was continued until February 15 at 7pm.
Board Discussion on the Status of Pending Local Laws:
Draft Local Law – Revising the lake laws and zoning code related to dock size
Draft Local Law – Filming within Village limits
Draft Local Law – Revising the Tree Code for Annual Removal
Draft Local Law – Revising the Type of Construction and dollar amount of a project that can be approved by the Building Inspector without BAR approval
Mayor McFadden stated that he still needed to collect information and feedback from the Trustees on the majority of these and that he would also like to put together something in writing for each that they could put into the public domain before scheduling public hearings.
He recommended that they put off further discussion until early spring.
Speaking to Draft Local Law that pertains to filming the Village, Trustee Brooke commented that he felt it would take a bit longer before they were ready to move forward. Having done some work on this himself, he laid out a number of potential issues that the Board will have to consider when drafting the law.
Reports:
Click here to view a copy of the Building Report
Click here to view a copy of the Police Report
Click here to view a copy of the DPW Report
Public Comments:
Prior to opening the floor for comment, the Mayor stated that he was aware that an email had been circulated prior to the meeting encouraging residents to attend and state their position concerning the proposed tree and dock size laws as well as the ability for the Building Inspector to make decisions on projects below a certain dollar as opposed to sending all applicants to the BAR. “Just to save everybody some energy. There is really no point in taking any comments now. We don’t have anything in terms of a deliverable or other format to share at this point. The only thing we have done is send the BAR an outline of the Tree Law as well as the laws related to John Ledwith approving projects under a certain financial amount rather than sending them to the BAR…and we got a reply back from the BAR, which we are happy to publish if anyone wants, but otherwise I don’t really want to spend too much time on something that we don’t even have a draft of.”
BAR Chair Sheila Tralins stated that her comments pertained to “process going forward” and therefore she felt they were still relevant. Speaking on behalf of the BAR, she requested that that their response to Trustee Brooke’s proposed Tree Law and 100K threshold for BAR approval be posted on the website promptly along with any other related comments received both pro and con. “Just today I learned that Trustee Brooke sent a lengthy rebuttal to the BAR’s position statement to the Board of Trustees over a month ago, without sending it to the Boards for their response. Please also post the language of the proposed law well in advance of any public hearing. Finally, speaking personally, permit me to add that I am philosophically opposed to the changes proposed and question the basis for them. While after this meeting I will no longer be the BAR Chair (I will be the former Chair) I encourage all residents, especially the large number of new residents representing the bright future of Tuxedo Park, to get involved and discuss, debate and carefully consider the implications of these new draft laws for the Village.” She then wished everyone Happy Holidays.
Mayor McFadden responded that there were no draft laws yet and that when there were, they would of course be posted to the website and there would be public hearings. “I don’t know if I want to post your comments on the website,” he continued. “Having a debate and arguments on the website might be a turn-off to some potential buyers. Why don’t I leave your Memo from the BAR here on the counter at the Village Office and also in a PDF format so that anyone who would like one can request it like we do with everything else.”
Ms. Tralins suggested that it would get better distribution and also provide a stronger background for people when the law comes out if it were to be posted on the website. “But, of course, that is at your discretion. The BAR would recommend that it be posted.”
Trustee Brooke added that he had provided a draft response to the BAR’s memo to the Trustees 6 or 7 weeks ago. “As an act of courtesy, I sent her a copy and said ‘feel free to look at it and we’ll deal with it when we look at the proposed regulations in the next month or two.’”
Ms. Tralins commented that she appreciated this courtesy but had received it only late that afternoon in response to her query as to whether or not there had been any response from the Board.
Planning Board Chair JoAnn Hanson read into the record a letter that had been approved by her entire Board noting that the reason she was doing so was so that the BOT could think about it and reference it if need be when they were drafting the proposed law. She further noted that in her opinion, neither the BAR nor the Planning Board are today what they were many years ago. “I think that all the work that Mayor McFadden and the Trustees have done over the years have made all of these Boards substantially more responsive for residents. That said, the Planning Board opposes the recommendation to increase the amount of money that would send applicants to the Building Inspector rather than the Boards.” The letter read as follows:
The BAR has prepared and submitted a thoughtful response opposing these suggested changes. The Planning Board supports the recent BAR comments opposing setting a dollar threshold for applicants that go before the BAR. Applicants before both Boards are often educated and guided to best practices, which are ultimately beneficial to the applicants. In addition, the process allows neighbors to be aware of and comment on proposed changes. As the Village is currently experiencing, it is difficult and expensive to enforce code requirements when residents proceed with renovations without submitting proper plans and conforming to building codes. From a Planning Board prospective, the presence and maintenance of trees on properties is a key component in maintaining proper drainage of the property itself and the neighboring properties. Trees also provide privacy and screening between neighbors. As the Trustees are very much aware, the Lake is the Villages’ drinking water source and minimizing runoff into the Lake is an important environmental consideration. Both Boards are sensitive to making the process work smoothly for the applicants as the Boards are volunteer, knowledgeable neighbors, working with and on behalf of neighbors.
Ms. Hanson added that the Planning Board focused on the property rights of applicants but also the legitimate concerns of neighbors, whose property rights are also often impacted. “I can certainly give you recent instances where if those processes are not worked through in advance, in public, the potential for litigation exists. I would be happy to address this with you all in an executive session.”
Mayor McFadden suggested that there seemed to be some sort of misunderstanding, which is one of the problems that arises when information is shared before a draft exists. Trustee Brooke’s suggestions were meant to be internal. For example, the current tree code allows property owners to cut down 4 trees per year. One of the suggestions made was that perhaps property owners with larger amounts of land should be allowed to cut more than 4. “It’s just an idea. We haven’t confirmed it. We haven’t put it into law. It was just an idea thrown out there. It certainly meets the common sense standard. We haven’t addressed in any shape or form trees on the lake or lake front properties. What we proposed was very preliminary and I just want to make sure that everyone understands that. In terms of John approving things that are under a certain monetary value, that is still be debated too. We don’t know whether it is going to be monetary value or project type or none of the above. In no way shape or form would we ever give up notifying neighbors. That’s never been discussed here.”
“What we are trying to do is user friendly and it will be a Trustee Decision once we formalize the proposed law,” added Trustee Brooke.
“There’s quite a lot of change that can occur to a property for $100,000,” stated Ms. Hanson. “I never said that the Village would not notify the neighbors, but what is the process for the neighbors expressing their often very legitimate concerns? The BAR and the Planning Board work together to come up with appropriate resolutions and I think, as I pointed out, there are some examples whereby if that process did not happen people could end up in litigation.”
Chiu Yin Hempel stated that she understood that. The Mayor was still collecting information to be discussed with the Trustees and with that in mind she wanted to provide the Board with some background information, which she believes to be highly relevant for their consideration.
“Historical architecture situated in a heavily wooded landscape is what distinguishes Tuxedo Park. These qualities earn our Villages’ listing on the National Register of Historic Places and they also underpaint our real estate value. We elect our Trustees to be stewards of these important assets, namely architecture and landscape for now and for future generations. I have served on the BAR, including as Chair, in the 90s for 6 years. I’ve learned from my experience that what seems to be the smallest and the cheapest modifications, like changing the color of a historic house or the color of the pebbles on the driveway, to other than the historically appropriate colors can significantly damage the overall aesthetic besides causing big irritation to neighbors. So, I hope you will consider this point when you think about changes to the BAR jurisdiction among many other cons and maybe some pros. As for the proposal to sanction more tree removal than what is already taking place legally as well as illegally, please bear in mind that the early residents of Tuxedo Park actually spent hundreds of thousands of dollars between 1886 and the early 1930s to plant trees and shrubs on their properties….and their landscape plan can be found in places like The New York Historical Society. The rustic aesthetics that we enjoy today were actually created at vast expense. Why? Because the land that Lorillard inherited had actually been commercially logged. That’s why some people say ‘oh, we didn’t use to have too many trees.’ No, we didn’t. The place was logged, and the original residents rebuilt the tree canopy. So why are we considering laws that would destroy this place that we inherited. Even if we were to forget for just a minute the damage that excessive tree cutting would do to the environment and to our reservoir, my personal belief…and I hope you will consider this point….is that maintaining what is beautiful, important and perilous is never easy or simple, nor should it ever be about making the maintenance laws and procedures easy or simple or user friendly at the expense of integrity.”
Mayor McFadden responded by apologizing for whatever rumors might be circulating, adding that nobody on the Board had any intention of deforesting the Park. “It’s very simple. We have a Trustee who brought forward to the Board the idea of giving people with larger acreage the ability to cut more than 4 trees a year. It’s under discussion. It’s a courtesy to the Trustees who bring up ideas to share them.”
Mrs. Hempel responded by suggesting that while we may not intend to have deforestation, it was happening in some places naturally thanks to emerald ash borers among other things. However, human beings are also doing their fair share of the work.
“I can tell you that whenever I have been Mayor, no one was clear cutting. I can think of three or four examples where acres were cut. I wasn’t the Mayor and it will never happen under my watch,” stated Mayor McFadden.
Jim Hays commented that Mrs. Hempel was correct and that many trees are being cut. “Regardless of what you say, they are. I think it is important that if you are going to have any change in the law, to think about how you are going to enforce the law….because enforcing the law is not easy. Residents can pay a fine if the fine is small. That doesn’t work. What will work, and I have suggested this before, is to make it the responsibility of the tree cutters. If they cut down more than 4 trees on one property in the Park, they can’t work here.”
The Mayor responded that he felt it was a great idea and he had inquired with the attorney as to whether or not contractors could be held accountable for working on un-permitted projects.
Board Attorney Brian Nugent suggested that there were ways this could be done but that it would only be enforceable with contractors who were actually working at the site.
This was briefly discussed.
Trustee Kasker asserted that he believed that anybody who is removing trees should be required to have a permit. “I can’t think of another more disruptive maintenance issue that happens in the Village than three or four trucks coming with woodchippers and cutting down a tree. I have been blocked in my house a few times from neighbors doing this, which effects two things: me and the ability to leave my house and attend a fire call and if one of those workers gets injured, an ambulance being able to get to them. I think having a formal process in place where the Building Inspector can evaluate the individual sites and how they will be accessed is an appropriate oversight mechanism.” He added that he felt this would help enforce the code because there would be general oversight with the possibility of inspection.
Consent Agenda:
Following some minimal discussion, the Board approved the consent agenda unanimously.
Old Business: Resolve to confirm Joint Special Meeting with the Town and Village Boards to Hear the Public Comment on the Annexation of Certain Property into the Village on January 23, 2023 at 7pm- The Village will be holding a joint special meeting with the Town to discuss the Annexation of certain properties into the Village. A tentative date of January 23 has been set. The meeting will take place at the Town Hall. The Board voted unanimously in favor of approving the resolution.
New Business: BAR Openings – Mayor McFadden stated that it had been his intention to name some new BAR candidates however prior to the meeting one of the Trustees had requested more time as they had not had the opportunity to speak with any of the candidates. Therefore, this was tabled until the January meeting.
The Board then entered into executive session to discuss Water Account, Legal Matters and Employee Matters.
Post Executive Session:
Following the executive session, Mayor McFadden announced that the Board would be voting on a resolution regarding a settlement between The Maddens and the Village of a lawsuit.
He further explained that the Agreement includes both a Form of Donation Acknowledgement and a Form of Censure
“As many of you know, we lost this case and are responsible to pay attorney’s fees. So, that is what we are going to do. The Attorney’s fees are $105,000 and the Madden’s have agreed to donate something back to the Village.”
He then read the Form of Donation Acknowledgement into the record as follows:
“On behalf of the Village of Tuxedo Park, Thank you for your donation of $35,000 to the Village $25,000 of which shall be used for improvements and investments in Wee Wah Park, with the balance to be utilized for other, un-budgeted beautification projects that the Village Board of Trustees at it’s discretion may adopt, which might also include additional amounts for the Wee Wah Park. No goods or services have been provided to the Village as a consideration of making this gift. Please note that the Village of Tuxedo Park makes no representations concerning the tax benefits or consequences of such a donation. Any determinations relating to tax benefits or other consequences must be bade by you or your financial professionals.”
And then the Form of Censure:
The Village of Tuxedo Park hereby formally censures the conduct of former Trustee Claudio Guazzoni as an elected Village Trustee in 2017 that lead the to Village’s violations of the New York State Freedom of Information Law (FOIL) as recently determined by a State Court. In addition, former Trustee Guazzoni in such capacity failed to turn over all Village records in his possession related to his duties as a Village Trustee. By not providing the level of cooperation and candor as required by him as a Village official under New York Law, former Trustee Guazzoni caused the Village to be unable to comply with FOIL requirements, which resulted in an adverse court decision against the Village. Consequently, Village Taxpayers incurred significant costs in this matter. The Board of Trustee hereby calls on former Trustee Guazzoni to recognize the impact of his actions and request that he make a significant donation to the Village for the purposes of beautification efforts undertaken by the Board of Trustees.
The Board then voted unanimously in favor of accepting the Settlement Agreement and approving the Form of Censure.
Village Board of Trustees Meeting November 16, 2022
The Village Board of Trustees met on Wednesday, November 16 at 7pm. Trustee Scherer attended the meeting via Zoom.
Mayor’s Comments:
After welcoming everyone, Mayor McFadden read into the record a report recently submitted by the Lake Management firm NEAR, which he said he found to be significant. In addition to some straight forward analytics the report indicated that recent aquatic plant surveys of all three Village lakes found that there is currently no Eurasian Water Milfoil growing in any of these water bodies. Read a copy of the report here.
Guest Presenter from Community Choice Aggregation:
Representing Joule, a Community Choice Aggregation firm recently contracted by the Town of Tuxedo, Glenn Weinberg presented the Board with a brief overview of the Community Choice Aggregation Initiative. The program, which stems from a State enabled policy that allows cities and towns to take control of decision making by choosing alternative energy providers, is designed to stabilize energy costs by providing opportunities for the collective purchasing of renewable energy that would not otherwise be available to individual customers through their normal utility supply. Joule works as an administrator, representing more than 50 municipalities in New York State, to secure clean, renewable energy contracts at a fixed cost while providing the communities with various protections both contractual as well as through State oversight and expert consulting. The program is “opt-out” meaning that once adopted it does become the default program for all eligible residential and small business customers, but should they choose not to participate they can freely opt out at any time with no penalty or fee. There is no cost or obligation to the Village. Joule does all the work, which includes extensive public outreach and education/communication throughout the Village prior to any decision being made. They only get paid if there is a contract in place with a supplier at the end of the process and if there is a contract awarded, they are paid by the supplier and not the Village. Should the Village choose to move forward and work in conjunction with the Town (as well as any other municipality in Orange & Rockland that is on the same timetable and therefore in the same BID), they will be eligible for an additional volume discount. Any meter in the Village is eligible to participate. Those meters that the Village controls that are small and considered “non-demand”, such as the Village Office, would be automatically included while larger meters like the DPW garage would have to opt-in.
Following the presentation, Mayor McFadden indicated that the Board would be voting on the proposed agreement when they reached the New Business section of the agenda.
Reports:
Click here to read the Police Report
Click here to read the DPW Report
Click here to view the Building &Construction, Communications and Climate Smart Committee Reports.
Public Comments:
Jim Hays commented that because of the recent energy inventory that was completed, if the Village decided to go with Community Choice Aggregation, they would see an immediate savings of 16% of greenhouse gas emissions. While 16% might not seem like a lot, when considering all of things that need to be done, he feels that would be a big step forward.
Michele Lindsay added that the Town had begun the outreach process on November 1 and that there had been a public presentation the previous Monday evening at their regular bi-monthly meeting.
Consent Agenda:
Following minimal discussion, the Board voted unanimously in favor of approving the consent agenda.
Old Business: Discuss Expiring Sterling Garbage Contract – The Village is currently on a month-to-month plan with Sterling Carting. Mayor McFadden believes that it would be beneficial for the Village to put the contract out to bid to see if they can procure a better rate. It was unanimously agreed that this would be done.
New Business: Discuss Village Code Ch 51 Films and Movie Making – The Board has been looking at an analysis of the code as it pertains to filming in the Village. The Mayor has found an existing law in California that he likes and has circulated it to the Trustees for their review. Board Attorney Brian Nugent noted that while the framework was good, the law as circulated pertained to a much larger community where filming was more of a normal practice and that it would need to be tweaked and tailored to the Village. Following a brief discussion, it was agreed that Mr. Nugent would draft something for the Board to consider. Sonne Offer Regarding Stonewall Repair on Turtle Point Road – There is a Village owned stonewall located on Turtle Point Road that is in need of repointing and repair. Sally Sonne has offered to make the repairs and have the Village reimburse her for the expense. The Mayor feels that this is not necessary and that the project can be kept “in house,” even if this means temporarily bringing on a stone mason in the spring to complete the work. It is not an emergency situation and at this point the work would improve the aesthetics while preventing future damage. Ultimately, it was agreed that this decision would be tabled, possibly until the spring, to allow the Trustees and the Building Inspector a change to examine and consider the situation. Re-Levy Unpaid Village Taxes – After minimal discussion, the Board voted unanimously in favor of re-levying unpaid Village taxes. Community Choice Aggregation – The Board voted unanimously in favor of moving ahead with the contract as presented by Joule, subject to review by the Village Attorney.
The Board then adjourned into an executive session to discuss legal matters.
Special Village Board of Trustees Meeting November 4, 2022
Of note, the board voted to continue litigation with Genesis (116 Tower Hill Road), continue settlement talks on the Madden Litigation, and settled the Tuxedo Club tax certiorari case.
Please be advised that there will be a Special Meeting of the Board of Trustees of the Village of Tuxedo Park at the Village Hall to enter into an Executive Session to discuss legal matters.
Village Board of Trustees Meeting October 19, 2022
The Village Board of Trustees met on Wednesday, October 19, 2022 at 7pm. All members were present.
Mayor’s Comments:
There were none.
Resolve to Postpone the Public Hearing on Draft Local Law No. 7 – Revising the Lake Laws Related to Dock Size to December 21, 2022 at 7pm:
The Board voted unanimously in favor of postponing the public hearing on Draft Local Law #7, revisiting the lake laws related to dock size, to December 21, 2022.
Resolve to Continue the Public Hearing on Draft Local Law No. 6 of 2022 – Streets and Sidewalks (Utility Poles):
The Board voted unanimously in favor of continuing the hearing. There were no comments from either Public or the Board so the hearing was closed.
Reports:
Click here to view the Police Report for the month of September.
At Mayor McFadden’s request, Trustee Scherer reported that the previous weekend he had arranged to bring in some electric vehicles called Arcimotos for the Club, the Police Department, the Mayor and various other residents to test drive. In the interest of full disclosure, Trustee Scherer noted that he sat on the Arcimoto Board and was also an investor in the company. He feels that one particular vehicle known as the “Rapid responder” could fit with the Village’s community policing policies and might also be an “interesting, little three-wheeled car for Tuxedo Residents.”
Click here to view the DPW Report
Click here to view the Building Department Report
Trustee Kasker reported that the Board had been asked by Michele Lindsay, Village Resident and Deputy Supervisor of the Town, to inform residents that the Town Board would be conducting two meetings on Thursday, October 20. The first will take place at 5pm and will consist of a client/attorney meeting in executive session. The second will be a public meeting at 7pm at which the School Board, the Town Board and representatives of the Related Companies will discuss the issues recently raised by the School District. Public comments will not be allowed and the Board will not be voting on anything.
Mayor McFadden commented that he felt that what was currently being proposed raised legitimate concerns in terms of tax implications. He has been in touch with both Supervisor Ken English and Deputy Mayor Michele Lindsay as well as the Superintendent of Schools, Jeff White. He is looking forward to learning what resolutions the Town is coming to and will report back as soon as he has more information.
Mayor McFadden then drew attention to one report and one announcement, both of which were recently posted the Village website. The first of these was a report from the Race Track Committee focused primarily on the increase of bluebirds at the track thanks to the donation and installation of Bluebird Boxes by Resident Jake Matthews. The report can be read here.
The second was the request for/announcement of a volunteer garbage pick-up. The Mayor noted that he would be making an announcement about this in the near future but in the meantime, information can be found here.
Public Comments: Audrey Perry noted that she had benefited from a great conversation with Trustee Scherer regarding the Villages’ energy conservation plans and efforts following the last Board meeting.
On behalf of the Tree advisory Board, Christopher Gow thanked the Mayor for his recent e-mail, outlining various ways to mitigate the costs of removing trees which have been infected by the Emerald Ash Borer. He noted that unfortunately there are no current DEC programs to financially assist landowners, but there may be some coming up in 2023. Generally, these programs focus on the replacement and planting of trees. Luckily, the TAB is in receipt of a $1000 grant from Tree City USA to help with the planting effort. “This will set us in good stead if we are eligible for a grant to help us with the tree removal.” One suggestion that the committee is offering for helping to reduce expenses is for the Village to consider an in-house arborist. Mr. Gow suggested that if the Village were looking to hire at the DPW, perhaps they should consider looking for a certified arborist. He added that if this person were to also have experience with parks and recreation, they might be very helpful with the Wee Wah Beach Club property and the removal of invasives.
Mayor McFadden asked Mr. Gow whether he had any idea, generally speaking, how many ash trees there were Village-wide and of these, how many were a part of private residences.
Mr. Gow responded that they had not done an inventory but it was likely somewhere between 8-10% of all trees. That being said, not all of these need to be removed. “The only ones that need to be taken down are those that pose a danger to people and property. If you have a forest and there are dead ash trees in there….a dead tree is almost as good as a live tree! It’s called a stag and it provides food and habitat for the wildlife.”
Consent Agenda:
The Board voted unanimously in favor of approving the consent agenda as presented.
Old Business: Resolve to Approve Draft Local Law #6 – Streets and Sidewalks (Utility Poles) – The Board voted unanimously in favor of approving Draft Local Law #6. Resolve to Approve Post-Issuance Compliance Policies (Modification of Resolution Passed on September 21, 2022) – The Board voted unanimously in favor of approving post-issuance compliance policies as presented. This is related to bonding and is a modification to a resolution they passed at the September Board meeting.
New Business: Discuss Waste Removal Contract – Mayor McFadden noted that the Board was in receipt of an email from Sally Sonne containing questions and suggestions related to the current contract. He recommended that they table the discussion until all Board members had had a chance to review this email and consider the suggestions therein. The Board was in agreement and the discussion was tabled until the November meeting.
The Board then entered into an executive session to discuss a proposed legal settlement with the Tuxedo Club over a property tax lawsuit against the Village.
Village Board of Trustees Meeting September 21, 2022
The Village Board of Trustees met on Wednesday, September 21 at 7pm. Deputy Mayor Shaw was absent and Trustee Scherer attended via zoom.
Public Hearing – Draft Local Law #6 of 2022 – Streets and Sidewalks (utility poles):
Mayor McFadden opened the public hearing and called for questions from the Board. There were none. There were no comments from the public either. Trustee Kasker suggested that there needed to be a procedure that would grant emergency vehicles access through road closures. The Board was in agreement. After a brief discussion and some minor proposed tweaking, the Board voted unanimously in favor of continuing the public hearing to October 17.
Mayor’s Comments:
Mayor McFadden asked Board Attorney Brian Nugent to provide a brief overview of a recent update from the State Governor regarding meeting regulations. Mr. Nugent subsequently explained that as of September 13, the executive order that had allowed for remote meetings during Covid had been discontinued and that the new open meeting law (enacted back in May or June) had gone into effect. There are a number of marked differences between the new open meetings law and the old one, primarily pertaining to remote participation of the Board members, but before the Village can move forward with it, they will have to pass a local law. The new law dictates that at least three Board members (a quorum) must attend meetings from a location accessible to the Public. Remote attendance will be permitted for emergency reasons only. The Board will have the ability to determine what these reasons are when passing the new local law (business trips will count) however, while Board members attending remotely will have the ability to actively participate in meeting discussions, they will not be permitted to vote. Once in place, the law will apply to all of the Village Boards. Following some further discussion, the Board voted unanimously in favor of setting a public hearing for Local Law #7, a local law authorizing meetings via video conference, for October 17.
Changing the subject to Wee Wah Park, Mayor McFadden stated that they believed it had been a successful season for the Beach and they looked forward to doing it again next year.
Lastly, the Mayor thanked Chief of Police Dave Conklin and DPW Superintendent Jeff Voss as well as John Ledwith in the Village Office for “holding down the fort” and helping to manage things recently while both he and Deputy Mayor Shaw were out of Town.
Reports:
Click here to view the DPW Report
Click here to view the Police Report
Click here to view the Building Department Report
Additionally, John Ledwith reported having met with O & R with regarding to updating the Village street lights. He learned that the Village is eligible to apply to have the lights updated free of charge. If approved, O & R would then pay for the fixtures and installation as well as associated maintenance costs. It was agreed that the Village would apply but if they could not find a light color which they deemed to be acceptable, they would “pull the plug.”
Christopher Gow reported on behalf of the Tree Advisory Board. That report can be viewed here.
There was some debate over the Committee’s request to utilize the DPW for some annual maintenance as well as the installation of stone benches. Mayor McFadden asserted that the DPW was funded by the taxpayers and that they were currently shorthanded he had some questions with regard to whether or not they should be doing work for a 501-3c. Mr. Gow responded that the TAB was not a 501-3c. He further pointed out that the Race Track Nature Preserve was Village owned property, frequented by all residents, and that utilizing the DPW resource here would be the same as utilizing it at the Wee Wah Park. The Mayor acknowledged this and stated that they would continue to discuss it.
Public Comments:
With regard to Local Law #5 of 2022, which pertains to the Community Choice Aggregation Program, Audrey Perry inquired about the associated costs. She wondered whether the Board favored the United States becoming an energy dependent Nation. Mayor McFadden responded that the Board had appointed a committee, which is working in conjunction with the Town on Community Choice Aggregation. He suggested that Mrs. Perry bring her questions to them. Trustee Scherer added that he and Jim Hays had done quite a bit of work on this and although he did not feel the information was quite ready to be brought forward in the public domain, he would be happy to have a. Side-bar discussion with Mrs. Perry. Mrs. Perry responded by reiterating her question with regard to the USA becoming and energy dependent nation, wanting to know whether the Mayor supported purchasing energy from foreign countries. Trustee Scherer interjected that he did not feel it was clear that the energy being used in the Village actually came from foreign countries. ”Most of our power generation in New York State actually comes from renewables in the form of hydro-electric (a small percentage) or natural gas….and last time I checked, we are not importing natural gas into this country,” he noted. Following some further discussion, it was agreed that Trustee Scherer and Mrs. Perry would schedule a time to talk off line.
Chui Yin Hempel commented that the Race Track Nature Preserve was a community facility built on Village land and not a private club.
“I understand all of that and will discuss it with the Board,” interrupted the Mayor. “I know you agree with Chris. I am sure you are going to make great points about how it’s a community space. We are shorthanded. That’s the reason. We have three workers instead of five. My hope was, in this case, if you guys wanted to chip in, it would be beneficial. One hand washed the other. We’ve been doing this for you for five or six years. If you did it once, would it kill you? I don’t know, but I get it. We’ll discuss it and we’ll get back to you. Fair enough.”
Chui Yin responded by stating that she just wanted to make it clear that all donations received for the Race Track were made to the Village of Tuxedo Park and not to any 501-3c.
“Correct, but they are only to be spent on that project,” replied the Mayor. “It’s a closed fund.” Mrs. Hempel agreed with this noting that the funds were to spent on building and maintaining the meadow, which requires specialist knowledge and expertise. “We had always thought that for the more mundane, day-to-day work that the DPW could help out. We are not asking them to do very much. We understand that the DPW is short staffed. We are not asking for the work to be done now. We are asking to be fitted into their schedule when possible. That’s all we are asking,” she stated before adding that she felt that they would be able to work out the manpower situation in a way that would benefit the entire community. “I am the Trustee Liaison for this committee,” stated Mayor McFadden. “However, I will defer to Jeff and John on this topic because I don’t feel like locking heads over something like this. I will defer to them to set the schedule and if they feel they can do it, they will schedule it for you.”
Noting that he was a fan of dark skies and star gazing with his children, Claudio Guazzoni wondered whether the Village had ever explored the idea of eliminating the street lights at night. “I mean, are they really useful?” he pondered.
Mayor McFadden inquired of Mr. Guazzoni whether this idea had been explored while he was working on the Dark Sky Initiative for the Village several years prior. “Yeah, we looked at it but unfortunately the former Mayor was a big fan of Upper Saddle River. More light was better than less light,” he replied. Mayor McFadden responded that in all probability there were some residents who favored streetlights while others might not. He suggested that perhaps they could do a survey to explore the idea further. Trustee Kasker commented that he felt it should be looked at strictly from a safety perspective. “In the summertime when it is light until 8:30 or 9 at night, probably not as important. At 5pm, when kids and people are still out walking, I think street lights are a must. That is my off-the-cuff response.” Mr. Guazzoni suggested that the lights could be put on a timer. Trustee Kasker inquired of the Chief and DPW Superintendent as to whether they had received any complaints from residents concerning the brightness of the streetlights. The Chief responded that in the past, they had.
Mayor McFadden noted that these were all strong points and that the solution lay with some sort of compromise. He further suggested that John Ledwith and Jim Hays would work through it with O & R and that Mr. Guazzoni was welcome to contact them to follow up on the progress.
Trustee Brooke suggested that moving forward if there were residents that had proposals such as this that they should draft them up and submit for BOT review as opposed to bringing them forward during a comment period such as this. He added that when there were decisions to be made it was much easier to look at documents than it was to consider hypotheticals. Mayor McFadden agreed.
In response to Mrs. Perry’s comments, Jim Hays noted that they would be assembling a committee to work on a 10-year Climate Action Plan. They have completed an inventory of emissions and are hopeful that this will be used to explore various areas where emissions can be reduced moving forward.
Michele Shenker inquired as to whether the Village was still planning to do a goose round-up.
Mayor McFadden responded that this item was not on the current agenda.
Consent Agenda:
Following some brief discussion, the items on the consent agenda were approved unanimously.
Old Business: Resolution for New Signage on Club House Road – Based on resident request, the Chief has presented the Board with a request for additional signage on Club House Road. The request was unanimously approved. Resolution Authorizing Mapping of the Village’s Storm Water Piping System- The Board voted unanimously in favor of authorizing the mapping. New Business: 1.Discuss Candidates for Planning Board of Architectural Review Board and 2. Resolution to make an Appointment to the Planning Board with Conditions (Must set Term) – The Village is in receipt of interest from 5 applicants for open seats on the Planning Board and BAR. Of those 5, only one has been reviewed to date and has been recommended for appointment to the Planning Board by that Boards’ Chair, JoAnn Hanson. Following some discussion, the Board voted unanimously in favor of appointing Bronwyn Roantree to the Planning Board, with the term limit to be determined. Resolve Approving Delanner Application for New Driveway with Conditions (BZA, PB or BAR Approval) – The Board voted unanimously in favor of allowing for the roadcut as proposed. The Applicant must now appear before the Boards for project approval. Sung/Schmitberger Dock Application – The Board is in receipt of a revised application, which meets the Village Code. They voted unanimously in favor of approving it. Trustee Brooke raised the issue of dock sizes, alleging that as previously discussed, the Village should allow the dock sizes to align with the sizes of the boats that are permitted on the lake. This will require a legal change. He asked that this be added to the next meeting agenda and that further the applicant be informed that it will be discussed and that there is a possibility that they will be permitted to build a larger dock. Everyone was in agreement and the Board voted unanimously in favor of scheduling a public hearing for the new draft local law on October 17. Halloween – The Mayor noted that he has had a number of requests asking that trick-or-treating be held on a Saturday instead of Halloween night, which is a Monday this year. Following a brief discussion, the Board voted unanimously in favor of formally moving Halloween Celebrations (i.e. trick or treating) to Saturday, October 29 beginning at 5pm. Resolve to Award Bids for New Cedar Roof for the Lodge and Air Conditioning for the Lodge – The Village has collected four bids for the work on the roof. At the recommendation of John Ledwith the Board voted unanimously in favor of going with Gonzales Home Professionals for the roof and Northern Plumbing and Heating for the AC. Resolve to Approve Option 2 of village Water Pipe Replacement in Tuxedo on Mountain Road – The Board voted unanimously in favor of approving option 2 for Village water pipe replacement on Mountain Road. Resolve Approving Certain Post-Issuance Compliance Policies – The Board voted unanimously in favor of approving certain post-issuance compliance policies. As per the Mayor, the details are posted online. Resolve Approving Adding One Additional Garage Unit to the Village Rental Inventory with Conditions (Rate) – The Board voted unanimously in favor of adding one additional garage unit, as is, to the Village rental inventory with conditions (rate). Resolve Authorizing Artist to Paint Inside the Park for a Special Event with Conditions (Locations and Homeowner Approval) – The Plein Air Art festival has requested permission to choose sites for painters within the Village. The Board voted unanimously in favor of allowing this with conditions, including site approval by John Ledwith. Resolve to Approve New Windsor IT Rate and Terms with Conditions (Legal Review) – This item was tabled until the attorneys have had more time to review it.
The Board then adjourned into an executive session to discuss legal matters and a particular Village employee.
The Village Board of Trustees met on Wednesday, July 20, 2022 at 7pm. Board member Josh Scherer was absent.
Public Hearing:
The meeting began with a Public hearing on Draft Local Law No. 5 of 2022: Creating a Community Choice Aggregation Program.
Audrey Perry inquired as to the type of energy that was being addressed by the program. Noting that the plan referenced solar power, she wondered where this power would come from.
Mayor McFadden explained that responded that approving the Local Law was only the first step in a process and that the Village would not be not committing to moving forward with the initiative by passing the law. Once passed, they will consider whether or not they wish to move forward and if they do, at that time they will work with a consultant to connect with vendors. The Town of Tuxedo recently passed a similar law.
Mrs. Perry recollected that at a meeting in January the Mayor had talked about the possibility of solar fields in the Village. Mayor McFadden responded that that conversation had been separate and unrelated to the community choice aggregation effort.
Michele Lindsay reported that the Town had put out an RFP for a Community Choice Aggregation Administrator, which is the next step in the process. She believes that the Village might be able to “piggyback” onto this effort and avoid the RFP process. The Town has passed the resolution, just as the Village did, in support of 100% renewable energy sources. This will earn the municipality points towards their certification effort to become a Climate Smart Community.
There were no further comments from the public.
Trustee Kasker commented that he was happy to move forward with the law as it would provide the Village with the opportunity to explore options for possibly providing better services for its’ residents. He reiterated that it would not restrict the Village in any way, meaning they did not have to choose renewable energy if they didn’t want to. The Village is not committing to anything.
There were no additional comments from the Trustees.
The hearing was then closed.
The hearing was followed by a ceremonial swearing in for Trustees Shaw and Kasker who were both re-elected to their seats for a second term during the recent Village election.
Annual Reorganization Meeting:
The Board voted unanimously in favor of approving/adopting the annual reorganization agenda, which can be viewed here.
Regular Meeting
Mayor’s Comments:
There were none
Reports and Minutes: Orange and Rockland – Scott Olszewski of Orange and Rockland provided the Board with a brief presentation outlining Phase 3 of their ongoing project in the Park, which seeks to upgrade the mainline overhead distribution system and increase reliability. The project consists of five phases in total. The goal of phase 3 is to convert Tower Hill Road to 13.2kV. The work will take place between late August and the end of the year and will ultimately impact East Lake, Tower Hill, Tower Hill Loop, Clubhouse, Circuit and Continental Roads. A copy of the presentation can be viewed here. Building Department – Click here to view the Building Department Report. DPW – Click here to view the DPW Report. Police – Click here to view the Police Report. Cell Communications – Mayor McFadden noted that there would be a committee meeting via zoom on Friday, July 22. Trustee Shaw has taken over the role of Board Liaison for this committee. Wee Wah Park & Beach Club – Mayor McFadden reported that they had received a record number of memberships and donations however they are subject to the same lifeguard shortages as the rest of the company and this has impacted the beach. As a result of the shortage, the Governor has lowered the required age for lifeguards to 15 and the Club has presented several candidates for training to management company. Water – Click here to view the water report Green House Gas Emissions Report – Click here to view this report, prepared by Jim Hays and Charles Neuhauser.
Public Comments on Agenda Items:
In light of the Community Choice Aggregation initiative, Audrey Perry inquired as to whether or not the Village was still considering the idea of solar farms and/or scouting possible locations for these. The Mayor responded that this task had been taken on by the Climate Smart Task Force/Energy Committee under the Direction of Jim Hays, with Trustee Scherer as the Board Liaison. He believes they are looking at it but they have not yet reported as to whether the idea is a practical one for the Village and if so where an ideal location might be. Christopher Gow read into the record two letters, written by Village residents Jim Hays and Chiu Yin Hempel, which expressed concern over the alleged, clear cutting /removal of more trees than had been approved by the BAR and BZA along Tuxedo Lake at 194 East Lake Road, otherwise known as Sunnymeade. Both letters recognized the extensive review that the application underwent before the two Boards and identified the excessive tree cutting as a blatant violation of not only what had been agreed to by the applicant but also the Village code. In their view, this sets a highly regrettable precedent. Both letters urged the Trustees not to retrospectively approve the tree cutting but rather to take some sort of action to send a message to the both the applicant and community that such violations of the code were not permitted and would come with consequences. Lili Neuhauser inquired about the specifics of the proposed culling of Canadian Geese. Mayor McFadden stated that the DEC permit, along with a safety & implementation plan prepared by the Chief of Police and a letter of support from the Wee Wah Park and Beach Club could all be found on the Village website. He further noted that the Board had also received a letter of support from the Lakes Management firm and that this would be posted to website as well. He invited Mrs. Neuhauser to ask any additional questions that she might have later in the meeting when the Trustees would be considering a resolution to authorizie the culling.
Identifying himself as the Chair of the Tree Advisory Board, Christopher Gow expressed his concern with the removal of 12 trees on the Sunnymeade property when only 4 had been approved by the BAR and BZA for removal. He further noted that cutting down too many trees on the boarder of the lake would increase the nutrient load, which would lead to an increase of blue green algae and this is a big problem. “If we keep on allowing an excessive number of trees to be cut down around the lake,” he cautioned, “we might as well have a motion to vote to change the name of our reservoir to Tox-edo Lake.”
“You’re saying ‘we,’” noted Trustee Brooke. “Who are you speaking for, yourself or a group?”
Mr. Gow responded that he was speaking in general terms.
“but there is no ‘we,’” replied Trustee Brooke. “You are using ‘we’ collectively and you are speaking as an individual.”
“I am speaking as the Chair of the Tree Advisory Board,” responded Mr. Gow, “and the situation with this Sunnymeade proposal…with the BAR and the BZA…we all agreed on 4 trees instead of 12 Oak trees to be removed. The property has been clear cut! That is the issue and it’s a problem that will only increase the nutrient load in the lake….and that’s alarming. You as a Board of Trustees need to recognize that something needs to be done when something is agreed on and then it’s violated. So, I will change that from ‘we’ to ‘yourselves’ respectfully.”
“We rely on Stop Work Orders and the Justice Court,” replied Mayor McFadden. Jake Lindsay, Chair of the BZA, also expressed his concern with the tree removal at Sunnymeade. “It is a little frustrating to go through the entire process and then have it be disregarded,” he stated. He suggested that in reviewing the pictures submitted by Mrs. Hempel, which depict the property both before and after the trees were cut, it was clear that there had been clear cutting along the bottom of the slope near the edge of the lake. “Why should we even bother to bring somebody before the BZA if it is totally going to be ignored,” he wondered. It’s very frustrating.”
“I think they came to you for zoning issues, right?” replied Mayor McFadden.
Mr. Lindsay concurred but added that part of the zoning issues pertained to the construction of a patio within 100 feet of the lake and that tree preservation and landscaping as a part of that overall project had been discussed at some length. “After we approved it, the application went back to the BAR and everything was resolved,” he added, “but obviously everything was totally ignored.”
“I don’t see how the Board carrying out its’ responsibility to approve tree removal, which is in the code, is discounting your Board or any Board,” commented the Mayor.
“The project approval was based on how many trees were to remain,” stated Mr. Lindsay.
“My understanding,” stated Mayor McFadden, “is that the original application had 14 trees removed and the current one has 4…and they are also planting more than 4 trees…is that correct?”
Mr. Lindsay responded that he was not sure what the final approval from the BAR had dictated.
Mayor McFadden then asked the same question of Christopher Gow, who serves as a member of the BAR and he confirmed that it had been agreed that only 4 trees would be removed while several new trees would be planted and a riparian buffer installed along the lakes’ edge.
“Is that something you would normally request of an applicant removing trees?” asked the Mayor.
The answer was yes.
“So, there’s nothing abnormal here?” the Mayor querried.
“It’s very abnormal,” began Mr. Gow.
“No, I understand that you are claiming that they cut down more trees than they were allowed,” interrupted Mayor McFadden. “I understand that. But in terms of our reviewing that tonight, how does that undermine your Board? This is what we are required to do by law. We respect your decision. It’s kicked up to us. I think it has been clearly stated. We are doing our duty. We are going to discuss this application and give our approval or not to them moving forward and that is our responsibility. I don’t understand why you and Jake think that is undermining your Board and your decision.”
Mr. Lindsay responded that they just wanted to ensure that the decisions rendered by both the BAR and BZA were taken into account when the Trustees were
considering their approval or denial.
The Mayor assured him that they would.
Trustee Brooke inquired as to how many of the trees had been greater than 8 inches in diameter.
Mr. Gow responded that some of them had been quite significant…perhaps 17 inches in diameter.
“That’s not my question,” replied Trustee Brooke.
Mr. Gow replied that he did not have the specific number at hand.
Mr. Lindsay noted that if one were to take the time to take a look at the project drawings, the size and caliber of all the trees was clearly noted.
Changing topics, Marc Citrin stated that he wanted to comment on the “proposed slaughter” of the Canadian Geese. “I find it ironic that a Village that so values historic preservation and environmental conservation, whether it’s the lakes or the trees, would so cavalierly move forward with a proposed slaughter of who knows how many geese (it’s not indicated in any of the notes that I have seen how many would be killed) without considering what alternatives might be available. It really distresses me in light of the history of the culling of the deer. I was not here at the time. Perhaps that was done because they were eating vegetation and people were upset about that… but murdering wildlife because they poop on people’s property or in other areas seems to me to be extreme without considering other possibilities to remediate the situation.” He went on to lay out some questions he had pertaining to the proposed safety and implementation plan. Specifically, he asked for confirmation that there would be no lead shot used, as the lead could then end up in the lake and contaminate the waters.
Mayor McFadden confirmed that lead shot would not be used.
Next Mr. Citrin wanted to know how many geese would be slaughtered and how this number would be determined.
Mayor McFadden replied that he would be happy to address these questions when the Board was discussing the resolution later in the meeting and that Mr. Citrin would also be invited to bring forward any additional questions he might have at that time. Sue Heywood expressed concern with both the tree removal at Sunnymeade and the proposed culling of the geese. Turning to the trees first, she noted that she had looked back at both BAR meetings and it had been clearly agreed by the landscaper that the 12 trees would not be cut down and that they would only be removing 4. She further suggested that the pictures clearly showed where each tree was located and what type of tree it was. “You can look at it now and judge exactly how many trees were removed,” she stated. “And they were removed illegally after an agreement.” Moving onto the issue of the geese, she stated that she was in agreement with Marc Citrin. “I’m very very concerned,” she said. “The idea of people having guns on the edge of the lake on private properties and shooting whatever they fancy shooting is appalling.”
Mayor McFadden asked Mrs. Heywood whether she had read the safety and implementation plan and she responded that she had.
“It’s just not correct to state that there will be people shooting on the edge of their property,” he said. Mrs. Heywood asserted that the plan suggested that these residents would be able to apply for permits.
“That’s only one option that’s listed” responded the Mayor.
“I still think it’s immensely cruel,” stated Mrs. Heywood. “Put up big riparian buffers and stop them from landing on these properties. We don’t have that many. We really don’t! The worst place is the Tuxedo Club because it’s clear. They took away the hedging that used to be there. Now the geese can fly in and land there and they do.”
The Mayor informed Mrs. Heywood that these things would be addressed later in the meeting when the resolution was being discussed and that she would be welcome to make additional comments at that time.
Elizabeth Cotnoir stated that she also had comments to make about both issues as well, but that she would be happy to withhold them until after the Board had formally discussed the resolution so long as she would be provided with an opportunity to speak at that time.
Consent Agenda:
Mayor McFadden added the resignation of a part-time Police Officer Gonzales to the consent agenda as letter I. The Board then voted unanimously in favor of approving the consent agenda.
Old Business: Resolution approving up to 10 additional hours for Desiree Hickey to invoice applicants before the BAR, PB, and BZA for architectural or engineering consulting services – The Board voted unanimously in favor of this resolution.
New Business: Resolution to approve Draft Local Law No. 5 – Creating a Community Choice Aggregation Program – This resolution was unanimously approved. Resolution authorizing the implementation of the NYDEC Nuisance Canada Geese Culling Permit – Mayor McFadden opened the discussion by indicating that the driving force behind the culling initiative was the DEC and their concern for health hazards created by the geese. Over the year as the climate becomes warmer, the geese don’t migrate as much and become more sedentary.
“Because of the health hazards,” he stated “the DEC has recognized that geese should be culled. It’s very similar to what happened with the deer,” he added. “The DEC managed that.” He went on to outline the problems associated with the “nuisance Canada Geese” as put forth by the DEC including: overgrazed lawns, accumulations of droppings and feathers on play areas and walkways, nutrient loading to ponds and public health concerns at beaches and on public water supplies. Based on these concerns, according to the Mayor, the DEC is trying to reduce the number of geese. “We have a beach and every morning it is covered with goose poop, which moves into the sand. It’s where E coli forms and kids play on it all the time and that is specifically cited by the DEC as a health concern.” The Mayor is also in receipt of a recommendation for goose management from the Village’s Lakes Manager, North East Aquatic Management, a portion of which he read into the record. He went on to note that there were alternatives to culling such as treating the eggs, dogs and noise among others. He has considered these. He has also considered the idea of a riparian boarder as well as fencing around the lake. These are longer term solutions which he believes would require the Trustees to mandate by a local law that lake front property owners to install either a fence or a riparian boarder. “I don’t think that’s appropriate,” he commented. “I certainly wouldn’t bring that motion to the table.” He further noted that there were property owners on the lake who had taken these steps successfully rerouting the geese to other properties. “The Club was mentioned….that’s an extreme problem,” he stated. “The long-term solution as far as I am concerned,” he continued, “is nudging and suggesting that people put in a riparian boarder and a fence potentially and culling. We have an immediate need for culling based on what’s happening at the Wee Wah and what’s happening to our drinking water with all the awful stuff that is being put into the lakes. I understand how some of the people who typically more environmentally conservative would feel but it must put you in a bit of a hard place because of what the damage is to the water and the potential health hazards for the children who are playing on the beach. We also have a letter of support from the Wee Wah Beach Committee,” he continued. Lakes Committee Chair Jim Hays has recommended hiring a biologist in addition to encouraging riparian buffers and fences. The Mayor told him that he would consider that as part of an “all of the above solution.” In terms of the culling permit, he noted that the Village currently has somewhere between 100 and 200 geese and that while there is no plan to “take out all of them” the DEC measures success as complete removal. The way the permit works is that those properties where geese appear were labeled on a tax map and then given permission to cull them on their own if they chose to do so. As it stands right now, none of these residents have indicated that they plan to cull geese. At the Mayors’ request, the Chief has put together a safety & implementation plan which requires hunting licenses among other requirements as part of the process. “As it stands now, the culling will take place between sunrise and 10pm on Tuesdays, Wednesdays and Thursdays only and whoever is doing it must inform the Village that they intend to cull during that time. Recreation and boating on the lakes will then be closed on the lakes during that time. The DEC permit requires cullers to not only account for but also deliver the dead goose carcass. We are currently looking at a participating food pantry.”
“No one is going to eat a Canada Goose, trust me,” interjected Lili Neuhauser.
“We’re trying,” responded the Mayor. “I know the Sloatsburg food pantry won’t take them. Have you checked with others?”
“Have you ever eaten a Canada Goose,” inquired Mrs. Neuhauser.
“I’ve read that they are tasty, yes,” he responded. “I have not.”
Mrs. Neugauser suggested that it would depend on the geese were eating but further suggested that they would likely not be tasty.
The Mayor reiterated that they were looking for a food pantry, further indicating that while it may not be on Mrs. Neuhausers’ palate there may be people who would enjoy it. “It depends on how it is prepared,” he added. He further indicated that as part of the safety and implementation plan, they had indicated the type of shot that would be permissible, and that the culling could be done by the police, individual property owners or a professional culling company. They have been exploring the idea of professional culling company.
He then opened the floor for questions.
Mrs. Neuhauser expressed concern with the proposed timeline, suggesting that anyone who was going to participate in the culling would need to be properly trained before doing so, especially considering the close proximity of people to the lake. She is also concerned about the noise. “We all know how noise travels on the lake,” she stated. “We can hear Thunder Mountain at our house and that’s over 2 miles away. A shot gun is about 155 decibels. It’s considerable. I am worried about people who are just not conversive with fire arms hearing this. No matter what our police do, this is scary stuff.” She reiterated Mr. Citrins’ point that lead shot should not be used anywhere near the lake and further expressed concern for the neighboring properties wondering whether everyone would be properly informed when it was taking place.
Mayor McFadden responded that the Village Code requires a 500 foot clearance so that the only way individual property owners would be able to do it was with their neighbors’ permission. With regard to the noise, he suggested that the shotgun sound would scatter the geese and that if they were afraid of it after 5 rounds had been set off, they might not need to continue. In addition to shooting, the permit allows the Village to track and destroy the geese. There are several companies out there who do this by herding geese into a net.
Marc Citrin reiterated his belief that culling was an inhumane way to address the issue. “It seems to me that even though you have indicated that you personally have researched this matter,” he commented, “that a Village that can spend years trying to figure out whether they want a cell tower placed somewhere within its bounds can essentially decide over night that they want to destroy wildlife. There is a conflict there that I am not happy with.”
“This has been something that I have been focused on for over 10 years,” retorted Mayor McFadden. “I don’t know why you would say that it’s over night.”
“I would say that because this is the first time it has been placed on a public agenda,” replied Mr. Citrin.
“I posted the permit two weeks ago on the internet,” countered the Mayor “and I sent out a notice.”
“I think it’s much too fast,” Mr. Citrin replied. He further indicated that he felt the public should have more time to weigh in and express their views in terms of the alternatives to a slaughter.
“That’s why we are here tonight…to hear public views,” responded the Mayor.
“Without an expert making a presentation,” asserted Mr. Citrin.
“The expert is the DEC,” stated Mayor McFadden. “They approved the permit. They wouldn’t willy nilly give us a permit if they didn’t think it was appropriate. And, by the way, they know our lakes. They know that we have a beach and they are very concerned about that. They
recognize that we have drinking reservoirs here and our own lakes manager is supportive. These things can draw out for years. The permit only lasts through September 31.”
“There is no September 31,” noted Mr. Citrin. “I believe it’s August 31.”
“No, it’s September 31,” insisted Mayor McFadden.
“There is no September 31,” Mr. Citrin repeated.
“Are you looking at the permit?” demanded the Mayor. “If it’s August than it is even more critical that we make a decision tonight!”
“That’s right,” countered Mr. Citrin. “You are rushing this proposal through because there is a deadline. ‘Time is of the essence’ is not necessarily the appropriate way to handle this type of issue.”
“I am relying on the DEC,” insisted the Mayor. “They gave me the permit. We are hearing public opinion today. There’s a group of people in the Park, respectfully, that of course will be against it and there are others that support it fully. What we will weigh is how many people are against it and how many people support it in our decision...and that does not require the hiring of an expert of a biologist. This is a small community. This is not a big bureaucracy here. That is one of the things I enjoy about what I’m doing. The fact is we are not rushing anything. This would be one part of a solution which could include many other avenues. Why don’t you judge what we do and not what we say?”
Mr. Citrin noted that he appreciated that point but that the other alternatives had not been fully explored before the public. “It’s simply you reciting that you have done research and with an issue as significant as this, just as you present experts on other issues to explain what the options are, I believe that the public should have the opportunity to listen to an expert….not a written document from the DEC, and debate the point. Then, after hearing full discussion, the Board can make a decision on whether this is an appropriate action to take to solve a problem.”
Trustee Brooke noted that historically the Village had culled deer and that as part of that process they had authorized the police to shoot them. At the time there was significant community disagreement about it and it was quite controversial…so the fact that this is also controversial does not represent a problem to him. What he finds concerning is the clear health risk that the geese pose. “I’ve seen a lot of goose shit,” he stated. “I’ve walked in it. It’s on my property. I had a dog and it was not a problem. I no longer have a dog and it is a problem. From my prospective it is a health problem. The geese are not an endangered species, especially Canadian Geese.” He further noted that he had talked to many people about it and was convinced that it was a legitimate problem and something needs to be done. The authorization of how they do it might require a little more input, but in his view, it is a timeframe that is workable. “If people want to suggest to us anything about how it should be done in a more humane way if that is the issue, we could look at it and authorize it effective two weeks from today and go from there. We choose how we implement it. Is it gonna be nets? Is it gonna be guns? Is it gonna be massive dissemination of birth control pills for geese so that they cannot reproduce? If people want additional comment I think we should welcome it and we should respect it, but our responsibility as Trustees is to protect the health of the Village and the geese appear to be a public health problem. Therefore, I am supportive of accepting this permit.”
Citing the analogy Trustee Brooke had made between the deer and geese problems, Christopher Gow suggested that the Village was lucky because there were more options to be entertained with the geese.
“I don’t think that’s true,” responded Trustee Brooke. “You were not here for the deer problem. We arranged for a system where we shooed the deer out of Tuxedo Park.”
“I’m talking about the geese and the options that exist there,” replied Mr. Gow.
Trustee Brooke continued talking about the deer, commenting that the DEC would not allow residents to drive them out of the Park without a hunting permit.”
Again Mr. Gow attempted to point out that he was not talking about the deer.
“Excuse me,” quipped Trustee Brooke, “there were options at that point and those options were considered and we ended up with the clean option.”
“I’m talking about the options for the geese,” reiterated Mr. Gow.
“What are the options,” inquired Mayor McFadden.
“Riparian buffer,” stated Mr. Gow.
“Oh no no,” interjected Trustee Brooke. “Do you know anything about geese? I have property…geese fly! They come down and plop where ever they want.”
“Do you have a riparian buffer,” Mr. Gow inquired.
“No,” he responded. “They climb and I am not going to put in a riparian buffer, so I appreciate your thought. If you would like to do it in a form, we will consider it…but when I hear your point, my judgement is let’s move forward with the approval of the culling.”
Sue Heywood commented that she didn’t think the problem was as large as the Mayor was making it out to be. “I mean, I’ve been on the lake so many times this year and we have looked around and we have enjoyed the geese landing. They’re not that many! There are other solutions than this cruel, cruel method of getting rid of these geese. And they will come back! Others will come back. It won’t be the end of the geese if you shoot them all.”
Mayor McFadden inquired as to the other methods.
Mrs. Heywood suggested that they could stop them from landing in spots where they did not want them to land by installing riparian buffers.
“How are you going to do that?” inquired Trustee Brooke.
Mrs. Heywood responded that they would need to put something along the edge of the property so that the geese could not land there.
“So you are going to put an electric fence on your lawn so that the geese don’t land on it,” retorted Trustee Brooke. “We have a limited time for a meeting and we have other things to do,” he added. “I would say that if you want to propose a solution to us, write it in the next week and we will consider it in how we execute the culling issue.”
“It may be too late,” cautioned Mrs. Heywood.
“You’ve got a week to put it together. We will consider it the following week and if we pass this it will be effective in two weeks.”
Noting that Trustee Brooke lived on the lake, Mrs. Heywood asked him whether he had a problem with the geese. “I don’t think you do because of all the vegetation on the edge of the lake,” she added.
“Yes, I do,” he stated.
“and how does it affect your life,” she inquired.
“If you walk down there is goose shit that you step on. You go on the steps, there’s goose shit. I have kids coming over and they are stepping in it. Thank you….no! But that’s irrelevant here. The issue is that in my capacity as Trustee we are looking at it and we are happy to entertain the question of is it a problem and is there a humane way of dealing with it. Are you agreeing that there is a problem? No! Do you believe that there is a more humane way? Yes! We think there is a problem. If you would like to suggest a more humane way, provide something for us to consider.”
“I don’t think it is necessary to do at all. I think they will come back,” she stated.
Elizabeth Cotnoir acknowledged the population issue, noting that the overabundance of geese was a symptom of the environment as a whole being out of balance. That being said, she feels that what is being suggested is a short-term solution to a long-term problem. She feels that the reasons that have been cited for the culling are the same reasons for either asking for or mandating riparian buffers. “There’s a lot of objections to that. People like that clean lawn shot at the lake,” she stated. “Any land owner who has property…and I have 2 properties on the big lake and 1 property on Wee Wah…it’s your responsibility to do what you need to do to maintain the quality of the water. It’s not ‘I want this’ or ‘I don’t want that’ or ‘I don’t want to look between the trees, I just want a clear view!’ You need to consider more than your own desires! I understand the health issues. They are real. However, I have a beach on the Wee Wah that was inundated with geese and I put some logs there, some plants, some rocks…and they don’t bother me anymore. They probably jumped down to the Beach Club because they have a clear shot at the lawns there. They need 50 feet of landing strip,” she added further listing several options that could be utilized to limit the space. With regard to the sound, she suggested that people valued the peaceful, quiet atmosphere and that firing guns at 6am was too much to ask. Meg Vaught observed that the goose poop at the Beach Club had been an issue for as long as she could remember however, historically there had been full-time employees there who cleaned it up on a regular basis as part of their duties and it was never a health hazard. In fact, the Board of Health used to visit the Beach on a somewhat regular basis and had never made note of the issue that she was aware of. “I don’t think that the new management at the Wee Wah has hired any full-time employees who would do something like that. I’m sure we are not asking our DPW to do it. So, to me it just seems a little unfair to say that we are going to kill these animals because we are no longer willing or able to clear their poop out of the municipal swimming area.”
“The current lifeguards clean the poop every morning,” responded Mayor McFadden, “but the fact of the matter is that it still contaminates the soil from the moisture. It contains E Coli.”
Mrs. Vaught responded that she believed that this was so, adding that her daughters had worked at the beach for several years in a row and she could report based on their experience that sometimes it needed to be done more than once a day. She then wanted to know if there was any hard evidence other than the referenced letter from the DEC of the negative impacts that the geese have had on the community. “Has anyone ever gotten E coli from playing on the sand at the beach? Do we have any samples of water that indicate that goose poop is a source of contamination? This is something that has been discussed for a long time. I have sat through meeting after meeting for years and years where the Village has spent hundreds of thousands of dollars on water samples just so they could pull weeds! Now in the span of one day, with the pertinent documents posted to the Village website just this morning, you guys are ready to vote on it and while I understand some of the frustrations people who live on the water face, the main reason that was cited by Trustee Brooke was that people are stepping in shit and this is not a good reason to kill geese.”
“That is not the main reason,” Mayor McFadden stated. “I have made all of my references to the DEC. They are experts. They employ biologists. They are in charge of this culling program. They wouldn’t have given us a permit if they didn’t think it was necessary. They are very familiar with our lakes. They specifically referenced the beach. This is about the health of the Village and I understand that some people may be against it but we are responsible for that and I take my cues from the DEC.” With that the Mayor stated that he would be ending the public discussion.
Trustee Kasker commented that he felt that this manner of culling would be a horrible decision for the reputation of the Village as well as the safety of its’ residents. He finds it hard to believe that all of a sudden there is a goose problem. “Ironically the letter today from the Lakes Management Company shows up saying that it’s a problem despite multiple years of reports from that never mentions a goose problem in connection with the health of the lakes. I have heard multiple people suggest that we have to do this because of our drinking water,” he continued “and yet riparian barriers is something that has been cited by the Lakes Committee and the Tree Advisory Boards for years to help prevent excess nutrients from going into the lake yet we have stern objections to putting them on our lawns. So now we want to clean up the goose shit but not put in riparian barriers because of the health of the lake, even though riparian barriers will improve the health of the lake.” He then pointed out that condition number 3 on the permit says that the authorization may not be used to remove geese in areas where they are merely a nuisance. “Merely a nuisance is poop. Health of the water is not, which is where I think you are getting permit from.” He then asked John Ledwith whether or not the drinking water was tested regularly. The answer was yes. Next he wanted to know whether there had ever been any type of alert related to goose poop suggesting that there was an issue with the water. “Not to the best of my knowledge,” Mr. Ledwith replied.
“The Department of Health probably would have come down on us if there were people getting sick from our beach,” stated Trustee Kasker, “and we have no reports of that. The DEC approved the permit,” he continued, “ but on their website it also says that it recommends taking multiple steps to alleviating problems and that there is no one single solution. We need a comprehensive plan, not one that involves discharging fire arms in a residential area on a lake. There are professionals that will do this. We should hire a professional. I suggested today that we give a biologist $500 to give us an assessment of the problem and I was told ‘no, we’re not doing that.’ Jim Hays seconded that we should do this. I think that we should listen to the Chair of the Lakes Committee when he makes a recommendation like that.
“I did listen to it,” interjected Mayor McFadden.
“and then you said ‘no, I’m not doing it,’” noted Trustee Kasker.
“You had already said ‘I’m not voting for this,” recollected the Mayor.
“I didn’t say that,” Trustee Kasker asserted. “I said I objected without clarity. We didn’t have a single complaint in writing, we didn’t have a single record of any issue with geese and we were about to vote on something only because at that point the Mayor said it was a problem.” He further indicated that earlier that day he had spoken to a Village resident at the Beach Club and he had inquired as to whether they had had any problems with the goose poop. The response was no, and that individual had been frequenting the beach all summer.
“That’s because we have been cleaning it every morning,” stated Mayor McFadden.
“Right,” replied Trustee Kasker “but I was there at 7:30am the morning before and I didn’t see any poop. I’m not saying that it’s not there. I’m saying that I haven’t seen it and I think that everyone on the Board, when we make a decision like this, should see the background…the proof…and understand if this is a real problem, especially because it is controversial and people are going to question why we made this decision.” He went on to express concern about the discharge of firearms. Questing the validity of the Mayor’s count of the goose population, he suggested that if 100 geese were to be shot, there could potentially be 100 discharges of firearms on properties around the lakes. Village law clearly states that only birdshot can be used and that it could be difficult to kill the birds this way. “It can be done,” he cautioned, “but you are going to maim a lot of geese. We are going to have bigger problems here. I would like the Board to not rush through this…to discuss other options like the DEC recommends and have a comprehensive plan.” He further reiterated that this seemed to be a brand new problem which had not been brought up to the current board or anyone for that matter. There were no formal complaints about geese on file. He does not feel like they have enough background to make a decision and he believes they should hire a professional to make a recommendation and then consider a solution.
In response, Mayor McFadden stated that there were quite a few people who had formally claimed that the geese were a problem on their property.
Trustee Kasker stated that he had asked for the names of these folks so that he could ask them for details and have a conversation for clarity but he had not been provided with any information.
“I told you,” stated the Mayor, “people don’t want to be associated with it because of blowback from the community of PETA. And, I told you that you were welcome to contact people yourself although you might run into that same problem. However, as long as I am Mayor, I am not going to dox people.”
“I am not going to dox people either,” responded Trustee Kasker.
Following some further back and forth, Trustee Brooke suggested that consider tabling the issue until the next meeting. Over the course of the next month, they will gather the information that they need in order to make a more informed decision and execute a plan if they decide they need one at that meeting.
“I would just like to comment though,” stated Mayor McFadden. “This push for riparian barriers and fences is not something as Mayor that I would ever put into local law. I think it is frankly inappropriate to tell a property owner on the lake that is already being taxed that they are required to put in a riparian barrier or a fence. I’m not going to put a fence in front of my boathouse. For people who don’t live on the lake to suggest that shows a certain disconnect with the reality of who is going to cut that $20,000 check.”
“I don’t support fences,” responded Trustee Kasker. “That doesn’t support the health of the lake. Vegetative barriers effect the health of the lake.”
“So, would you mandate that for somebody to put in,” inquired the Mayor. “What if it’s $20,000?”
“Yes, I would,” replied Trustee Kasker. “If somebody had a landscaping plan in front of the BAR. I would never say that starting tomorrow people have to put in riparian buffers.”
“You’re talking about two or three years out,” suggested the Mayor.
“That’s fine,” stated Trustee Kasker.
“No it’s not,” argued Mayor McFadden. “We have a health problem.”
“No we don’t! We don’t have any evidence of a health problem,” Trustee Kasker stated.
“The last time you asked me to show you evidence was over the Wee Wah Beach Club and you discounted all of those letters. You said ‘Oh those are people who voted for you and you blew them off!”
Trustee Kasker denied this, further pointing out that they were not currently discussing the Wee Wah Beach Club, rather they were discussing discharging weapons in a residential area to kill geese. He pushed the Trustees to agree to hire a professional for $500 to give them an assessment.
“What are they going to tell us that the DEC is not telling us,” demanded the Mayor.
“The DEC is not telling us anything!” alleged Trustee Kasker. “The DEC gave you a permit because you said we have geese on a beach and a lake and they said yes, good go kill them!”
“That’s not how it works,” replied Mayor McFadden.
“It is how it works,” retorted Trustee Kasker. “I was on the phone with them today.”
Ultimately, the Board agreed to authorize $500 for Trustee Kasker to obtain a professional report. The issue was then tabled until the next meeting. Resolution approving the Sunnymeade Landscape a.k.a. McLennan Application to proceed – with tree and DEC Wildlife approval – Noting that the Trustees were not interested in overturning recommendations by any appointed Board, Mayor McFadden stated that they would only be actively looking at the tree issue and the DEC wildlife approval. His understanding is that there were 14 trees proposed to be removed on the original application, but the final approved application only allowed for 4. The applicant will be planting other trees in addition to adding a riparian buffer. “Apparently there are some photographs of additional trees that have been taken down,” he noted, further referencing communication that had come from Wicks Tree Service suggesting that the trees in question were either dying or dead.” Commenting that while there were some people who might feel this was just an excuse to allow for the cutting, he knew Wicks to be both responsible and reliable and that he would take their word for it. Additionally, there has been some concern relating to the disturbance of endangered species, specifically long-eared bats and timber rattlesnakes. DEC wildlife has granted the applicant permission to move forward. The Mayor then recommended that the Trustees vote to grant the applicant permission to move forward with their project, after which he suggested that Building Inspector John Ledwith should visit the property to assess the tree situation and if there is a problem, it should be sent to Justice Court.
This was discussed at some length. Trustee Brooke suggested that the process for this applicant had been, in his view, “remarkably resident unfriendly” and that perhaps the Villages’ 4-tree rule should be revisited and adjusted for acreage. Ultimately it was determined that the Board did not need to vote. Mr. Ledwith will review the tree situation and respond accordingly. If the applicant has exceeded the allotted amount of trees, they will need to return to the BAR or face a violation. Resolution to schedule a Public Hearing on Draft Local Law No. 6 or 2022 – Penalties for utility companies lack response to remove unused telephone poles – The Board voted unanimously in favor of scheduling this hearing for August 17 at 7pm.
The Board then adjourned into an executive session to discuss legal matters, the police contract, Justice Court procedural matters, 3 tax billing and penalty matters and collection of delinquent water billing.
The Village Board of Trustees met on Wednesday, June 15 at 6pm. Trustee Brooke was absent.
Invited Guest Presentation – Ed Marcus from Amawalk Consulting Group LLC to Present Sewer & Water Rates Followed by a Q &A:
The meeting began with a presentation on sewer and water rates from Ed Marcus of Amawalk Consulting Group. That presentation can be viewed here.
Following the presentation there was a question and answer session. With regard to the water rates, Trustee Kasker asked Mr. Marcus if he could “dive a bit deeper” by providing an example of the burden the Village has by owning the water system and why it might make more sense for a premium to be paid by Town users. Mr. Marcus explained that as the owners of the system, the Village had to bear certain associated responsibilities and risks and that the industry associations endorse the idea that they should get some form of premium in exchange for that. “There have been a lot of experiences of things happening in terms of unexpected water quality, contamination and other unexpected, unforeseen expenses that occur. You kind of assume on a contractual basis that your outside customers would just pay up their share if you increase the rates to cover that and so forth. But, the issue of whether someone can conduct and argue that the Village should have done something differently…or the Village should have done this or done that,” he stated, further suggesting that combination of responsibility and risk justified the premium.
Trustee Kasker then asked how the Village’s current water rate of $13.70 per $1,000 compared to other municipalities in New York.
Mr. Marcus could not answer this question.
Mayor McFadden stated that the Village had 2017 summary from Nycom listing every municipality in the State along with all the sewer and water rates. He suggested that he could send Trustee Kasker a copy of this and that he could also post it to the website for the public to look at.
The Mayor then inquired as to whether people who have septic tanks would be treated differently than people who were using the Village sewer system.
“That would be a policy decision for the Village,” Mr. Marcus responded, further indicating that they assumed it would be the case, particularly in terms of operations, as these folks would not be providing waste water into the sewers and as a result impacting the cost of treatment at the plant.
“I think that John and Tinka and I wanted to make it clear that we didn’t think that it was appropriate that those people were paying into the sewer like everyone else…in the sense that one of my main goals is to make this fair and equitable across the board,” stated the Mayor. “For example, when you’re putting it into property tax you might have someone with one bathroom and a kitchen, who is a Weekender, essentially paying the same thing as the School or the Club. Putting it into property tax is not an efficient way. There are only a handful of municipalities in the State that do that.”
The conversation then turned to equity. Mr. Marcus explained that features of the proposed structure were based upon consumption and a fixed charge as well as a minimum charge. “Everyone should really contribute fairly to the fact that you have to have that system there, ready to go and ready to serve when someone comes in and starts using water.”
“I would also like to point out for the Public,” added Mayor McFadden, “that taxes are going to be lower this year and there are two reasons: one is because of our efficiency in managing the budget and the other is because we have taken the expenses to run the sewer department out of the general budget and put them into a sewer budget. When you take those dollars out of the general budget, it’s no longer taxable. What is going to result is that people who don’t use the system (septic) are going to be very happy because they will only be paying the minimal amount and people who are the big users might pay quite a bit compared to what someone else pays. So whether or not the lowering of the taxes means that every user is going to pay less or some may pay more…I think it’s clear that the situation will result in some people paying more and some people paying less.”
Mr. Marcus agreed, further noting that he felt this was an equitable approach as the value of a property really has nothing to do with the burden that it places on the waste water system.
It was then clarified that those people who were either on septic systems or did not have any connection to the sewer system would not be charged sewer fees. There are some conditions that relate to houses that rely on wells for their water but connect to the sewer system. For these homes a water meter will need to be installed so that the Village can calculate the amount they are contributing to the sewer. These folks will receive a sewage bill only.
Trustee Kasker inquired about the difference in sewer rates for commercial vs. residential properties, noting that the presentation had touched on the water rates differential only.
Mr. Marcus responded that typically across the country most municipalities maintained a uniform rate for water consumption related to sewer use.
The Village will begin using the new system in fiscal 2022/23, which means that the first bill that will include sewer will be sent out on October 1.
“I’m really looking forward to getting this going,” stated Mayor McFadden. “I’m very pleased that we have accomplished this and I want to thank my entire Board for their cooperation.”
As there were no more questions or comments, the discussion was then concluded.
Public Hearing – Draft Local Law No. 5 of 2022 – Use of Videoconferencing for Municipal Meetings: This is a law that follows New York State legislation that made changes to the Open Meetings Law as far as video conferencing. Prior to this State law being adopted, the rule was that a Board member could video-conference in so long as they posted the address where they were located in case somebody else wanted to attend the meeting. The State legislation changes that law so that in order to even consider participating by video-conference, the Village must first enact the proposed legislation before them. Passing the law does not require the Board to video-conference, but will give them the authority to do so. The law is also a lot more restrictive, requiring that at least three Board members attend meetings from a location that is publicly accessible (this could be together or in three separate locations) with the addressed posted beforehand. Typically, Board members will not be allowed to participate from home or other such inaccessible locations unless there are extenuating circumstances such as illness or travel. Any Board member can participate in a meeting by video conference but unless this law is enacted, they will not be counted as a part of the quorum nor will they be permitted to vote.
There were no questions or comments from the public.
Trustee Scherer wondered how this law related to the Executive Order recently passed by the Governor.
Board Attorney Brian Nugent explained that the Executive Order is part of the Covid emergency and it allows municipalities to conduct meetings by video-conferencing as well as telephone conferencing without noticing the locations. This remains in effect through July 14. This new law will ultimately replace the executive order when it expires.
The Public Hearing was then adjourned.
Swearing in of Part-Time Police Officer Jaymie Ruiz:
The Board voted unanimously in favor of hiring part-time Village Police Officer Jaymie Ruiz effective immediately. Officer Ruiz was then officially sworn in.
Mayor’s Comments:
The Mayor reminded everyone that the Village election was coming up on Tuesday, June 21. Trustees Kasker and Shaw will be running unopposed for re-election. “It has been a pleasure working with both of them for the last two years,” stated the Mayor, further noting that Kasker and Shaw had played a critical role in all that had been accomplished and that he looked forward to working with them for at least another year and hopefully longer. He encouraged residents to either pick up absentee ballots or visit the Village Office on the 21st between 7am-9pm to cast their votes.
Reports and Minutes:
Click here to view the DPW Report
Click here to view the Police Report
Click here to view the Building Department Report
The Village is in receipt of a request from Jack Perna on Lookout Stable Road for a road-cut. Mr. Perna purchased a vacant lot at the end of the road which does not have any official driveway or road-cut. In accordance with the Village Code the BOT must approve any road-cut. Additionally, Mr. Perna has provided evidence regarding a hardship that connecting to the Village Sewer system would be cost prohibitive. He is requesting permission not to connect to the Village sewer system but rather to construct a septic field on site. This will need to be approved by both the Orange County Health Department and the Village Engineer. Mr. Ledwith recommended that the BOT approve both items.
The Village is also in receipt of an e-mail from the manager at the Tuxedo Club indicating that they have decided to forgo the majority of the changes that they had proposed before the BAR last year. They will only be proceeding with the work directly in front of the main entrance to The Club and with this they will be modifying the entryway in include a second road-cut. This will need BOT approval, which Mr. Ledwith recommends. The approval will come with the condition that the plan being presented matches the plan that was presented to the BAR approximately one year ago.
Volunteers Needed at the Racetrack – Village Clerk Elizabeth Doherty commented that earlier in the week she had had the pleasure of visiting the Race Track Nature preserve. She encouraged residents to visit, further noting that it truly is a beautiful place to visit. She went on to say that they were always looking for people to help out with the physical work like weeding and planting. Although these tasks might seem like a chore, in such a beautiful setting they are really quite pleasant. Anyone who is interested in helping should send an email to TPTREEBOARD@GMAIL.COM.
Public Comments:
There were none.
Consent Agenda:
The Consent agenda was unanimously approved.
Old Business: Schedule Public Hearing for July 20, 2022 for Draft Local Law No. 5 – A Local Law Creating a Community Choice Aggregation Program- Draft Local Law No. 5 is essentially a low that will allow the Village to purchase power, with a focus on renewable energy, on an opt-out basis. The Village will be able to aggregate their community purchasing power. It will not obligate them to do anything, but rather gives them the option to go down this path if they so choose. There have previously been two presentations before the Board on this and the Town has just adopted similar legislation. Following a brief discussion, the Board voted unanimously in favor of scheduling a public hearing on July 20, 2022 at 7pm. Resolution to Approve Local Law No. 5 – Use of Videoconferencing for Municipal Meetings- The Board voted unanimously in favor of approving Local Law No. 5. Resolution to Adopt the Rules and Procedures for Videoconferencing as Presented to the Village Board to be Effective on the Same Date as Local Law No. 5 Becomes Effective - The Board voted unanimously in favor of adopting this resolution. Resolution to Approve Insurance with Traveler’s Insurance – Several months back the Board discussed that the Village would be pursuing a quote against current insurance company Marshall & Sterling. They did this because they felt it was their fiscal responsibility as fiduciaries to explore whether or not there might be a difference in coverage and/or cost. Over the past several months, the Village has been carefully assessing the information and Traveler’s Insurance has come in about $30,000 less. The Mayor is strongly recommending that they switch carriers. Following some discussion, the Board voted unanimously in favor of moving forward with Traveler’s.
New Business: Resolution to Approve Sewer Rates Recommended by Amawalk Consulting Group, LLC – The Board voted unanimously in favor of moving forward with the rates as presented by Amawalk as Option 3a. Resolution to Engage Cooper Arias for 2022 Audit at a Cost of $19,000- This represents a $1,000 increase over last year. Following a brief discussion, the Board voted unanimously in favor of approving the resolution. Installation of 25mph Sign on West Lake Road near Summit Road – The Board voted unanimously in favor of installing the sign at the recommendation of Chief Conklin. Resolution to Approve Renewal of the Village Subscription to ICLEI- The Board voted unanimously in favor of approving the renewal provided the cost is under $1,000. ICLEI provides access to software that is being utilized to both calculate past Greenhouse gas emissions for the Village and also develop a Climate Action Plan for the Village. Jack Perna Request for Road-Cut and Sewer Hardship – Following some discussion, the Board voted in favor of approving both of Jack Perna’s requests conditional upon the approvals determined necessary by the Building Inspector (Health Dept., Village Engineer and Planning Board) Tuxedo Club Request for Road-Cut- The Tuxedo Club has advised the Village that they will only be paving the existing delivery access point. They will not be modifying either the access point or the employee parking lot. They will proceed with the approved plan for the main entrance with one major difference in that they will be adding an additional entry/exit adjacent to the existing roadcut. The Board voted unanimously in favor of granting the request.
The Board then entered into an executive session to discuss litigation, a new employee hire and the PBS Contract Negotiations.
The Village Board of Trustees met on Wednesday, May 18 2022 at 6:30pm. Trustee Brooke was absent.
Invited Guest Presentation:
The meeting began with a presentation from Jeff Domanski of Hudson Valley Energy, Org focused on Community Choice Aggregation. In brief, CCA is a policy mechanism supported by NYS that enables electricity supply choice by allowing communities to band together to determine default energy offerings on behalf of residents, small businesses and organizations. There are a number of potential advantages to getting involved in this free program and these were briefly outlined in the presentation as were the steps involved with moving the initiative forward. There are roughly 150 communities currently enrolled. If the Village wants to proceed with it, they must first pass a local law.
As they were running a bit behind schedule it was agreed that the Board would assemble a list of questions for Mr. Domanski which they would send to him via email. The questions, along with their answers once received, will be posted to the Village website.
Public Hearing – Local Law No. 3 of 2022 – A Local Law to Allow Boats and Other Devices on the Wee Wah Lake in the Village of Tuxedo Park:
The Mayor opened the hearing by announcing that the final draft of the proposed law had not been made available until late that afternoon and therefore it was his intention to leave the hearing open in order to allow residents time to digest the draft and formulate questions.
Jay Reichgott commented that he was generally in favor of the legislation but had a couple of technical points/questions. He noted that a section of the law pertaining to the re-construction of existing docks or the installation of new temporary docks on Wee Wah lake had been removed from the current draft. He wondered whether this had been done on purpose. The answer was yes. Mr. Reichgott then asked why residents who own property on Wee Wah Lake do not have the same rights to docks and floating docks as the residents who live on the other Village lakes. The Mayor responded that their ultimate goal was to be able to construct another dock from which to launch boats. He further suggested that they would look at language in order to ensure that the intent was clear. Next, in a section that pertains to all Village lakes, Mr. Reichgott noted that the allowable boat size had been increased from 21 feet to 25 feet. He wondered why. Mayor McFadden responded that the language in the original law was outdated by roughly 15 years. “There are so many new manufacturers out,” he stated. “You might find a terrific new electric boat that’s not a pontoon or a single hull that might be 22 feet. That is the rationale behind it.” Mr. Reichgott then pointed to a section of the law that forbids pontoon boats on Wee Wah Lake and Pond #3, noting that language had been added making an exception for those boats that might be owned/used by and/or rented out by the Village. He wondered if this meant that the Village intended to get into the business of party boat rental on Pond #3 and the Wee Wah. “That depends on how you define party Jay,” responded the Mayor. “There are degrees of partying and the plan is to someday have (if we can afford it) a pontoon boat on Wee Wah Lake for the members of the Beach Club to be able to go out and enjoy themselves on the lake.”
Claudio Guazzoni commented that he wanted to make the Board aware of a legal term called contra proferentem, which is a doctrine where a court will rule against the drafter of a law or contract if the wording is vague or difficult to interpret. With that being said, he drew attention to a sentence in the law that reads “Non-waterfront residents or non-residential party owners with a property or long-term rental that does not abut the Wee Wah Lake shall only be permitted to swim in the Wee Wah Lake if they are members of the Wee Wah Park and Beach Club during its’ official hours of operation.” His concern pertains to the verbiage “during its official hours of operation,’ which he feels is vague and open to interpretation and ultimately, a court might rule against the Village. He suggested that this verbiage be moved to the beginning of the sentence in order to make things clear. The mayor responded that they would look at this and consider the change. Next Mr. Guazzoni pointed to a section that reads “The Village further hereby reserves to itself the right and authority to license the operation of the Wee Wah, the immediate and surrounding property and next thereto.” He wondered if this referred to public property only or if the Village was annexing people’s land. Mayor McFadden replied that it referred only to the Wee Wah itself. Mr. Guazzoni suggested that they specify this within the confines of the law. The Mayor suggested that they would ask their attorney to insert parcel numbers.
The hearing was continued to Thursday, May 26 at 11am.
REGULAR MONTHLY MEETING
Following the Pledge, there was a moment of silence for the people of Ukraine.
Mayor’s Comments:
Mayor McFadden reported that the kick-off event held at the Wee Wah Park on May 15 was a success. More events are planned in the future. Additionally, he noted that both Trustees Shaw and Kasker would be re-running for their seats in the June election. They are unopposed.
Reports and Minutes:
Click here to view the Police Report
With regard to speeding, Chief Conklin noted that the department had been issuing more warnings than actual tickets but he felt that moving forward they needed to institute a no-tolerance policy. The Mayor agreed with this suggestion further noting that it was particularly important to do so during the summer months.
Beginning July 1, non-resident vehicle tags will no longer be honored at the Front Gate. Those wishing to enter the Village who have not been enrolled in the automatic gate opening system will be stopped and fully vetted.
Click here to view the DPW Report
Click here to view the Building Department/Code Enforcement and Capital Projects Report
Click here to view the Treasurer Report
Click here to view the Court Report Liaison – Sewer Rates: A Power Point presentation focused on the work of the recently contracted consultant has been posted to the Village website. Board members were encouraged to view it and formulate questions. Milfoil Updates: The Mayor reported that all the approvals are in and the permits have been set. As previously noted, the Village has arranged for a payment plan as opposed to a lump sum payment as was originally set forth in the contract. The Mayor has asked for a timeline for the maintenance /abatement but has not yet received it.
Public Comments:
With regard to the May 17 Board of Education Elections, Claudio Guazzoni congratulated Village residents Kimberly Breiland and Heather Kidde, who have likely been elected (results have not yet been finalized). He praised those Village residents who came out to vote, commenting that a robust Village turnout was very important in these elections and that he was hopeful they might be able to get a third Village resident on the Board next year.
On behalf of Christopher Gow, Village Clerk Elizabeth Doherty announced that the Tuxedo Park Tree Advisory Board and Garden Club would be hosting a steeplechase ceremony and peony garden party on Saturday June 4. All Village residents are invited to attend.
For the record, Mayor McFadden noted that moving forward the Village would not read such comments into the record and that residents wishing to make announcements of any kind should attend the meeting and make them in person. If they cannot be there, the Village will gladly post a written announcement to the website along with the meeting documentation.
Consent Agenda:
Following some minimal discussion, the consent agenda was unanimously approved.
Old Business: Discussion Regarding the Hiring of VRI Environmental Services, Inc. by Resolution After Last Months April Regular Meeting’s Executive Session- Following an executive session last month, the Board voted in favor of hiring VRI Environmental Services to run both the water plant and sewer plant. They will be responsible for all liaison duties (DEC, Health Dept. etc.) as well as the day-to-day running of the plants. This is a cost effective change and nobody in the DPW will lose their job as a result. Election Day resolutions to correct date – Board voted unanimously in favor of amending two Election Day resolutions to reflect the correct date of Tuesday, June 21, 2022 from 7am-9pm.
New Business: Schedule Public Hearing for Local Law No. 4 – A Local Law Authorizing the Use of Videoconferencing for Municipal Meetings on June 15, 2022 at 6:50pm – This is a local law that will allow the Village to continue to use video-conferencing for their Trustee meetings as needed. There are some caveats in that all Board members cannot be remote at the same time. At least 3 members must be present in a public place where the public can attend. If not passed, the Village will not be able to use video-conferencing at all, except in the case of emergency. The Board voted unanimously in favor of setting the hearing. Resolution Approving W & S for Engineering Services for Tuxedo Lake Water Main Replacement Design and Permitting Services – The Board voted unanimously in favor of this resolution. Resolution Approving W & S for Engineering Services for Dam Safety Inspections- The Board voted unanimously in favor of this resolution. W & S SEQR Resolution – This resolution pertains to a sewer line repair. Westin and Sampson requires a SEQR resolution from the Village classifying the repair as a Type 2 Action. Following a brief discussion with their attorney, the Board voted unanimously in favor of the resolution. Resolution Authorization to Levy Unpaid Water Bills Onto Property FY23 Tax Bills – The Board voted unanimously in favor of adopting this resolution.
The Village Board of Trustees met on Wednesday, April 20 at 7pm. Trustee Scherer attended virtually.
The meeting began with a moment of silence for the people of Ukraine.
Mayors Comments:
Mayor McFadden began by wishing everyone a happy Passover and Easter. The Village has just finished with their budgeting process ahead of schedule. He recognized Deputy Mayor and Budget Director Tinka Shaw as well as John Ledwith and Elizabeth Doherty for all of their hard work.
Reports & Minutes:
Click here to view the Police Report
Mayor McFadden asked Chief Conklin for an update on the automatic gate opener. The Chief reported that things were running well. There was a recent incident whereby a vehicle backed into the device, damaging the camera and as a result, the system was inoperable for a short period of time until the vendor could repair it. Because most (if not all) residents still have their vehicle tags, the situation was entirely manageable and traffic was not held up as a result. It has been agreed that the vehicle tags will not be collected and that residents may keep them for times such as these, otherwise every car would need to be stopped on entry.
Click here to view the DPW Report
Click here to view the Building, Construction & Special Projects Report
Click here to view the Justice Court Report
Click here to view the Water Report
Click here to view the Treasury Report
Click here to view the Board of Assessors March Minutes
Click here to view the CSLAP Membership list and here to view the current Wee Wah Park/Beach Membership List.
Public Comments:
Jay Reichgott noted that under the OLD BUSINESS heading on the agenda there was an item pertaining to scheduling a public hearing on the use of boats on Wee Wah Lake. He wondered whether or not the Board intended to introduce the subsequent law.
The Mayor responded that it would be introduced although not that evening. He added that it would be published as per the law with plenty of time before the hearing. He further explained that if the law passes, it will allow the Village to launch canoes and kayaks from the Wee Wah Park as a service to the members. “Right now the law reads that only people who own property are allowed to launch boats,” he added. Mr. Reichgott suggested that there was a clause within the existing law that allowed the Board of Trustees to designate other locations. “That would be great,” responded Mayor McFadden. “We’ll see whether we do a formal re-write or a resolution, but I thank you very much for that.”
Mary Roth, a Trustee for two trusts that own property in the Town of Tuxedo (MSP Realty Trust & Library Realty Trust) said that they have submitted notifications to the Village of Tuxedo Park Water Department requesting that water bills continue to be sent to the tenants in those properties. “I know the Water Department Changed the policy recently and as property owners, based on the Village Code 97-8E, we would like enact and request that those bills be sent to the tenants. We would then also be liable for any unpaid amounts….should they not pay we would have no problem doing that, but we would like it to go back to the way it used to be. This is the first quarter that we received the bills.”
Trustee Kasker noted that this item was on the agenda for discussion later in the meeting. The Village is in receipt of the notifications referenced in addition to a letter from another property owner addressing the same issue. “Everybody has agreed that if their tenants do not pay by the due date, then the owners would be liable to pay those bills. It’s in our code and so we will pass a resolution that will allow the tenants to be billed and then the property owners if the tenants don’t pay.”
Ms. Roth thanked the Board for this information noting that she hoped the new practice could start in Quarter 2 as they had already billed their tenants for Quarter 1.
Consent Agenda:
The consent agenda as follows was approved unanimously. 1.Add all written reports to the Permanent Record 2.Approve March Minutes for both meetings 3.Approve Earth Day Community Shredding Event – Friday, April 22 4.Approve usage of the Wee Wah Park for the 2022 Fifth Grade Picnic for the students of George Grant Mason Elementary School 5.Approve Resignation & Payment Plan of Part-Time Police Officer Tyler Stark 6.Authorizing the Mayor to sign the State Pollutant Elimination System (SPDES) permit for the Sewage Treatment Plant 7.Authorizing the transfer of $50,000 from the Water Fund account to the Capital Improvement Savings account 8.Authorize the Mayor to Renew the CDPHP dental plan; rates are the same as the previous year
Old Business: Resolution to authorize the Mayor to sign the IMA with the Town for the Summer Camp to use the Wee Wah Park – Board attorney Brian Nugent explained that since the Village would be leasing the space to the Town, a licensing agreement would not be necessary and that an Intermunicipal Agreement would be an easier way to accomplish things. The agreement has not yet been presented to the Town but once approved by the Board, he will share it with Town Attorney, Howard Protter, who can bring it to that Board for approval/agreement. The Board voted unanimously in favor of this resolution. Resolution to schedule a Public Hearing on the use of boats on the Wee Wah Lake for 6:50pm, May 18, 2022 at the Village Hall – Mayor McFadden noted that he would like to bring up a public hearing on a new local law regarding the launching of boats on Wee Wah Lake from Wee Wah Park. “If it’s necessary, if it can be done by resolution, we’ll do that, but let’s go ahead and schedule a public hearing,” he stated further commenting that a copy of the proposed law would be available well in advance of the meeting. The Board voted unanimously in favor of adopting the resolution. Resolution to authorize the Mayor to sigh the Solitude Lakes Management Agreement with updated payment plan for Milfoil Eradication – In their most recent contract, Solitude combined pre-payments for all three treatments on the lakes for milfoil eradication, which came as a surprise to the Mayor and had not been factored into the 2022/23 budget. The Mayor went back to Solitude and negotiated. “They were able to talk to the manufacturer of ProcellaCOR and give us better payment terms,” he noted. The Board voted unanimously in favor of authorizing Mayor McFadden to sign the agreement.
New Business: Resolution authorizing the Mayor to sign the agreement with Munistat, a firm specializing in municipal finance and municipal government-related matters – John Ledwith explained that the Village has used Munistat in the past to consult with regarding potential bond issuance for large capital improvements. Recently they met in order to review/analyze some of the bonds that the Village currently has and it was brought to their attention that there were some potential cost savings of roughly $5,000 per year on bonds that expire in 10 years ($50,000 in total). Additionally, they have offered their continued services moving forward.
“I’m not sure if everyone is aware,” stated the Mayor, “but the grants we applied to…We did not receive awards on any of them. They were just issued. So, bond issuing, short-term loans and long-term loans are going to be an issue and we would like to have proper advice.”
The Board then voted unanimously in favor of authorizing the Mayor to sign the agreement. Resolution to accept private donations to the Friends of Wee Wah Park (Improvement Fund) – The Board voted unanimously in favor of allowing the Village to accept private donations to the Friends of Wee Wah Park for an improvement fund. Resolution Regarding the Wee Wah Fishing Club Employee Eligibility Request – The Club has requested permission to exceed their membership cap eligibility in order to allow part-time Village Police officers to seek membership. Following minimal discussion, the Board voted unanimously in favor of approving the resolution. Resolution approving Wee Wah Park Summer Fundraiser on Sunday, May 15 at 2pm – The Board voted unanimously in favor of approving the event. Resolution to approve request from three property owners to bill tenants, in lieu of property owners, for water consumption – Trustee Kasker noted that through their diligent efforts to collect past due water bills, they had discovered that the Village Code as written requires that property owners, not tenants, be billed for water services. The Village had been billing the tenants and therefore a change was made in order to bring the process into compliance and the property owners were billed instead. When property owners would prefer that their tenants be billed, the Code requires that they submit a letter explaining the specifics as to how payment would be recouped should the tenant default on the bill. The Village is in receipt of 3 such letters. Following minimal discussion, they Board voted unanimously in favor of allowing the water department to bill the tenants at 7 Library Road, 2 School House Lane and 21 Augusta Place. The property owners will be responsible for the charges should these tenants fail to pay their bills. Resolution authorizing the Mayor to sign updated Code Red agreement to inform water customers of boil water notices and other Water Department Alerts – There are some residents in the Town who do not have email or internet and therefore, they do not receive all the alerts when there is a water main break or a boil water notice. One way to alleviate this issue is to incorporate those individuals into the Village’s Code Red Alert system. The system can be segmented by population. This would require the Mayor to sign an updated agreement, at no cost, authorizing the addition of these individuals to the Code Red database. Following a brief discussion, the Board voted unanimously in favor of this resolution. Resolution to approve the following personnel for the Village Board of Trustees Election on June 14, 2022 – Machine Operators: Kurt Haug and James Pearson, Wendy Dulin (Alternate), and Table Inspectors: Jean Haugh, Desiree Hickey, Lori Giggino, Jennifer Weiss (Alternate) at the rate of $250 for the day per person – This resolution was unanimously approved.
Following the audit of claims, the Board entered into an executive session to discuss Village employees, legal matters and PBA negotiations.
Notice of Board of Trustees Budget Workshop April 8, 2022
The Board of Trustees of the Village of Tuxedo Park shall hold a public budget workshop on Friday, April 8, 2022, at 12:00 Noon in the Village Hall. The public may attend in person or by Zoom but may not comment. A Public Hearing, date TBD, will follow the budget workshop.
The Village Board of Trustees met on Wednesday, March 16 at 6:50pm.
Trustee Scherer was absent.
Public Hearing:
The meeting began with a public hearing for Draft Local Law No. 2 of 2022, a local law to amend Village law related to sewer rents. There were no comments from the public. There was some confusion as to whether or not the hearing had been closed and the proposed local law voted on the previous month. The Mayor asserted that the trustees had voted to set the public hearing, but Trustee Kasker pointed out that the meeting minutes reflected that the hearing had been both opened and closed and this was how he remembered it. (TPFYI reporting also reflects the hearing having been both opened and closed). Mayor McFadden countered that this is not what happened and that the minutes could be changed to reflect that later in the meeting. The public hearing was then adjourned (for a second time)
Click hereto view a copy of Draft Local Law No. 2 of 2022
DPW Retirement:
The Board honored recently retired DPW employee John Heccheim for his 20 years of service.
There was a five minute pause before the regular meeting commenced. Following the Pledge, the Mayor called for a moment of silence for the people of Ukraine.
Mayor’s Comments:
Mayor McFadden thanked and congratulated John Ledwith for his efforts in identifying surplus DPW items and organizing their auction, which has raised roughly $8,000 for the Village.
As a result of the recent redistricting in New York State, Senator Skoufis and his Chiefs of Staff paid a visit to the Village last week in an effort to introduce themselves as State representatives. Most of the discussion focused on grant applications, and how their team might be able to help the Village. The Village has several pending grant applications which the Senator might be able to assist with. Additionally, moving forward he will be in a position to alert the Village to grants while his team can assist with any political maneuvering that might be needed. Also discussed was the idea of eliminating Day Light Saving Time, an effort which gained momentum just this past week when the Senate unanimously passed a bill in favor of elimination.
Reports:
Click here to view the Construction Report
Click here to view the DPW Report
Click here to view the Police Report
Mayor McFadden briefly reported on the collection of Escrow fees, with which the Village is in arears. Click here to view the report with names redacted.
Click here and here to view the treasury reports
Click here to view the water report
Committees and Liaisons:
On behalf of the Lakes Committee, Jim Hays commented that a year prior he had submitted a Draft Watershed Management Plan for the Village. Pointing to a specific page of that report (which can be viewed here) Mr. Hays noted that Tuxedo lake continues to experience anoxia on an annual basis (depletion of Oxygen in the water) and that the solution to this multiple source problem is to prevent phosphorus from entering the lake. To do this effectively, the land around the lakes must be vegetated and the storm water drainage system must be evaluated to determine where the pipes are and more specifically, which pipes are connected to which basins. If the Village has this information, and is able to effectively test the water in the various basins, they will be able to more acutely put their finger on the source of the phosphorus. “This is a long-term project,” he stated. “It took a long time for the lake to get this way . It will take a long time to make it a lot better. It has to be attacked from a lot of points of view.” He went on to say that last year, at the Mayor’s Request, engineers Westin and Sampson had submitted a proposal for the mapping that came in at roughly $28,000. The proposal was received in late April, which was too late for the budgeting process. Mr. Hays is hopeful that this will be included in the 2022/23 budget.
Mayor McFadden responded that he and the Trustees would be working on the budget over the next several weeks prior to presenting to the public on April 20. Although he indicated that he had a strong feeling that the mapping would be included, he recommended that Mr. Hays come to the meeting prepared to make his case. Mr. Hays indicated that he would do this and further suggested that in the meantime the Village might want to collect additional estimates.
Members of the Communication Committee spent some time over the past month taking readings throughout the Village from three different phones representing the carriers T-Mobil, Verizon and AT & T. The results can be viewed here. Additionally, a report from the consultant Walter Cooper can be viewed here. On behalf of the committee, John Ledwith reported that while there are a few dead zones (Mountain Farm Rd., Portions of West Lake Rd.) they had been able to make outgoing phone calls from a majority of the locations. Roughly 22% of the locations were low signal/low productivity. While driving around, they noted that the signals varied tremendously. Mayor McFadden added that the purpose of compiling the information was so that they could in turn provide to Walter Cooper who will then be able to recommend what type of equipment the Village should invest in to help mitigate the issue.
Turning to the Tuxedo Park Fire Department, Trustee Kasker began by thanking Mayor McFadden for the moment in silence for those who are dying in Ukraine. He further noted that as the come up Route 17, people will notice red, white and blue and well as yellow and blue lights in the sockets in front of the Fire Department building. This is the Departments’ testament to their solidarity with the Ukrainians. “If you watch the news, the bombs fall and then the fire department is out there putting out the fires. I think speaks a lot of the bravery of the people out there,” he stated. “A couple of days ago there was a story on the news about a military base that was bombed and a couple of years ago I was on that base watching American and Ukrainian soldiers train together because they knew this day was going to come. It’s a shame what is happening out there, but I am glad that the Fire Department was able to do something simple to show a symbol of the community’s appreciation.” Town Liaison Michele Lindsay reported that there had been a workshop meeting with Tuxedo Farms the previous Monday during which models of buildings for the commercial district were presented. On Thursday March 24 there will be another meeting from 5-8pm during which they will be discussing the tech memos, concept plan and some of the design guidelines for the project. On another note, on Monday, March 21 there will be a public presentation on the Community Choice Aggregation law that the Town has introduced ahead of the public hearing, which will take place at their regular bimonthly meeting on March 28.
The Mayor added that there would be a similar presentation in the Village during the month of April. Lastly, Mrs. Lindsay noted that on March 18 the Town would be putting out for bid a 2.2 million dollar refunding bond. This will fund the 2003 and 2014 bonds that were used to purchase the Police Department land and building, the Highway Department and Quarry Field. Wee Wah Park Committee – The Mayor provided the Board with a summary of everyone who has purchased a membership to the facility. This can be viewedhere. To date they have raised $15,560 in memberships. Mayor McFadden thanked all of those who had signed up to date, noting that the process was quite easy and could be done online. With regard to the insurance, he assured everyone that despite the rumors that had been flying around he had spoken extensively with the Village Insurance Company and had it in writing that no additional insurance coverage would be required, including if somebody were to pass away while swimming. “It’s time for that rumor to die down,” he stated There are some circumstances under which they may be required to obtain additional insurance and they will certainly comply with whatever is required. At the moment the Village is in the process of interviewing insurance carriers. Annual Budget Process – Deputy Mayor Shaw reported that they had been making progress and were hopeful to have a draft ready to present by Friday. Mayor McFadden thanked both the Chief and DPW Superintendent for submitting their budgets in a timely manner.
Public Comments:
Chiu Yin Hempel commented that she had first heard of the concerns regarding the health of Village lakes and the quality of the drinking water back in 2009 when the Board of Trustees had commissioned Princeton Hydro for a study of the emerging problem. 13 years and five administrations have passed. She understands that the Village is working to tackle the Milfoil issue, but doing so alone is really just dealing with the symptoms and not the cause of the problems. Mr. Hays had mentioned earlier that both Milfoil and Blue/Green algae grow in the water because of excessive p phosphorus flowing into the lakes from the hills surrounding the lakes and from the properties abutting the lakes. The nutrients come from the storm water drains and as surface storm water runoff because so many properties around the lake have cut their trees and put in lawns. In a presentation she made to the Board last year, Mrs. Hempel noted that lawns, with their shallow roots, are really no better than slides facilitating surface storm water runoff.
Mayor McFadden responded that one of the problems was the fertilizers used by landscapers. The Village passed a local law years ago forbidding use of these products. When these products are used anywhere in the Village that water goes into the system and drains down, he commented, further noting that it was not just lake front people who were to blame but everyone in the Village who uses these types of fertilizers. “I can talk to the chief and ask him if we want to do something a little more stern this year,” he added. He explained that every year for the last five years the Police Department had distributed a pamphlet to the landscapers letting them know that certain fertilizers were forbidden. “We will continue to do that, but maybe it’s time to start writing court appearance tickets if these landscapers are bringing in that product. I hate to do that, but it doesn’t seem to be working otherwise.”
Jake Matthews wondered whether the Village would be willing to support a neighborhood cleanup initiative on Earth Day (April 22) whereby residents would volunteer their time to pick up litter in their various neighborhoods. Perhaps the Village could supply garbage bags and pickup tools. Noting that the Village does not have a serious litter problem, Mr. Matthews stated that before the snowfall he had collected roughly 20 gallons of trash while walking up and down his road one afternoon. “It’s not to propose to go on people’s private property, but maybe just to walk the roads and collect things that have fallen off of various trucks over the year…off the garbage trucks or out the back of pick-up trucks or…unfortunately from time-to-time people feel it’s a good idea to throw things out their windows.” He added that he would be happy to help coordinate the event, suggesting that they could pick up supplies at the Village Office beforehand, divide volunteers into various groups and distribute whatever is needed accordingly.
The Mayor responded that he would be happy to post something on the website in order to help advertise and encourage volunteers.
Speaking of Earth Day, Village Clerk Elizabeth Doherty wondered whether the Village would be interested in repeating the shredding event they conducted in 2021. Most of the Board was supportive of the idea, although it was agreed they would make a decision at their next meeting.
Resolve that the Mayor may negotiate with Town Recreation Coordinator Claire Dougher regarding a lease agreement for the summer camp use of Wee Wah Park:
Mayor McFadden introduced Town Recreation Coordinator Claire Dougher, who has requested use of the Wee Wah Park for the Town Summer Camp program this season. Ms. Dougher gave a brief presentation outlining the history of the relationship between the camp and the Wee Wah Beach Club as well as some general information about the camp program. The last time the camp utilized the property was in 2016, when they paid the Beach Club approximately $5,000 for 20 days of both morning and afternoon usage. The summer 2021 packet, detailing the program and including the camp’s indemnification clause, was circulated to the Board members. She is proposing that the camp make use of the beach in the afternoons Monday through Thursday between the hours of 1-3:15pm for about 5 weeks during the months of July and August. The camp will come with their own life guard. They are also hoping to be able to offer some sort of swim instruction, but these details have not yet been finalized. Campers range in age from 4 to 13. Following some discussion, the Board voted in favor of authorizing the Mayor McFadden to negotiate with Ms. Dougher. As advertising for camp will begin prior to the next meeting, the negotiated agreement will be shared with the Board members via email and, barring any major objections, be signed by the Mayor within the next few weeks.
Consent Agenda:
The Board voted unanimously in favor of approving the consent agenda.
Old Business: Resolution authorizing the Mayor to sign the Westin & Sampson proposal for SSES, Phase 3, Sub-Basins 2 &10, Year 2 Construction Amendment No. 1 – Pond 3 Sewer Rehabilitation - This is a plan to repair and replace sections of sewer line where the Village feels that there is possibly water getting into the line and sewage leaking out of the line. It will be funded by money left over from another project and does not constitute new spending. The Board voted unanimously in favor. Resolve to authorize the Mayor to Renew the Vision and Dental Plan – The rates are the same as last year. The Board voted unanimously in favor.
New Business: Resolution authorizing the Village to participate in the Low-Income Household Water Assistance Program (LHWAP) helps low-income households pay the cost of water and sewer services and for the Mayor to sign vendor agreement – This program can assist households that meet certain criteria and who have past due bills for water and or sewer services. The Board voted unanimously in favor.
Village Board of Trustees Meeting February 16, 2022
The Village Board of Trustees mt on Wednesday, February 16 at 6:50pm. Trustees Brooke and Scherer were absent.
Public Hearing – Local Law #2 of 2022, a local law to further define Village of Tuxedo Park NY Code – Chapter 78: Sewers and Sewage Disposal and 78-24: Sewer Rents or Charges:
The hearing was opened. There were no comments. Mayor McFadden noted that he had received written comment from Jay Reichgott which was supportive.
Trustee Kasker noted that for those residents who are hooked into the sewer system but not the water, the proposed legislation was not clear as to how they would be charged.
The Mayor agreed and noted that this was something that would need to be discussed and approved by the Board moving forward, along with all the other methods of how they would be charging.
As there were no further comments, the Public Hearing was closed.
Mayor’s Comments:
Noting that most residents had likely received the emergency alert sent via email earlier that day, Mayor McFadden stated that the Main Gate is functioning identically to the South Gate, meaning that it closes in between each vehicle. He cautioned that residents should drive accordingly. Those who attempt to scoot through after the car in front of them will find that the gate arm will likely come down on the hood of their vehicle. He added that they would be installing signage to ensure that people were aware that the gate would be closing after each vehicle. The South Gate is already operating on the new license plate reader, opening automatically for those vehicles that have been registered with the Village. The system is expected to be fully up and running at the Front Gate within the next day or two.
Reports and Minutes:
Click here to view the Police Report
Click here to view the DPW Report
Mayor McFadden commented that given that the Village now has a very active climate committee, he would like to look into alternatives to salt…or alternatives to supplement salt for the roadways for next season in an attempt to mitigate the impacts on the environment and the lakes. He suggested that the Climate Committee would likely be willing to investigate this.
Click here to view the Building, Construction & Special Projects Report
Click here to view the Court Report
Click here to view the Treasury Report
Public Comments:
An unidentified resident complimented DPW Superintendent Jeff Voss and his crew, commenting that it had been “a hell of a winter” and they have been doing a great job.
Consent Agenda:
There was a brief discussion regarding monies saved by the Police Department from purchasing hybrid vehicles. The Board then voted unanimously in favor of approving the consent agenda.
Old Business: Approve Local Law No. 2 of 2022 a local law to further define Village of Tuxedo Park NY Code – Chapter 78: Sewers and Sewage Disposal and 78-24: Sewer Rents or Charges- Trustee Kasker commented that there were not a lot of specifics in the draft law and that It was his understanding that there was still a lot of work for the Board to do in terms of determining the rates and how much profit they expected to make. Board Attorney Brian Nugent agreed with this, further noting that the current rates would remain unchanged until the Board got around to adjusting them. Approving the law as written will allow them to continue with this work. The Board then voted unanimously in favor of approving the law. Discuss Offer to Town to Relocate Village DPW on their Property:
Although it is in the preliminary stages of discussion, the Village has proposed a relocation site for both the DPW and the Village Headquarters. The property in question is owned by the Town and is located adjacent to the Village Sewer Plant.
Trustee Kasker wondered whether it might make sense to develop a sketch/concept drawing so that people might be able to get a better idea of what was being proposed and comment on it.
The Mayor responded that he thought this was a good idea, further commenting “I would like to see a North Gate, but as we have mentioned this is in the very early stages and we have not sought buy-in from the community.” He further noted that there had been a study to determine whether there would be enough room there, but this does not mean that they need to move forward with it. He is also investigating other potential locations for the Village Office. “But you can take them separately, and I think we should. We should develop a plan to present detailing the pros and cons of a North Gate and how it would function…because I think the date for this would be at least a year or two away, which gives us time. We should certainly prepare some sort of documentation on it and maybe do a traffic study,” he suggested.
Trustee Kasker agreed, commenting that people would likely want to be able to get a better understanding of what was being proposed, particularly those folks who live on the Wee Wah Lake. The Mayor agreed adding “There is also the issue of convenience for others…particularly those who are traveling north.” He suggested that different people from different neighborhoods should discuss it and he was certain there would be both pros and cons that emerged from those conversations. Trustee Kasker added that the Town’s perspective also needed to be considered and added that there was a development of seven houses currently being built on Warwick Brook Road that might be also be Impacted.
Following some further discussion with their attorney regarding the possible acquisition and subsequent annexationof the property and the associated process, the conversation was tabled.
New Business: Discuss Renewal of MWG VSP Vision Plan (rates are the same as last year) - The Village is looking into two other entities so they can obtain some “apples to apples” quotes for this coverage. Discuss Town Climate Committee Request – The Village has received a request from the Town Climate Committee to install blue recycling bins at the Wee Wah and in Village Government buildings. The Mayor commented that from looking at the request on paper, it seemed as though the answer should be “an obvious yes.” However, he recalled that in the past when the Village had installed recycling receptacles in similar locations that they had not been utilized properly and there had been issues with weekend residents dumping their trash in those spots. Noting that he was all for it, the Mayor suggested that he would like to have some further discussion with the committee with regard to the details (would the containers be bear proof? locked?). It was agreed that they would seek further information and also get a recommendation from the Village Climate Committee before proceeding. Discuss Signs at The South Gate – Commenting that he promised to address it with the full Board at the next Trustees meeting, Mayor McFadden noted that resident Barry Hawke was against the Private Area/No Trespassing signage at the South Gate and that further he found it offensive. “As Mayor, I don’t have a problem with them,” he stated. “There have been similar signs throughout the last 50-70 years…always at that location.” He went on to explain that in recent years there had been a notable increase in trespassing via the South Gate and that although he had no hard evidence, he believed the signs had been helpful in deterring this.
Chief Conklin commented that he felt the signs should absolutely remain. He feels it is important that there be signage letting people know that non-residents are not wanted. “We had a big problem with non-residents coming in that way to walk and ride their bikes,” he added “and we get phone calls like crazy and we go out there and issue appearance tickets. They have to be told that they are not welcome here before they come in and the way to do that is through signs.”
The issue of liability was briefly addressed and Board Attorney Brian Nugent suggested that the conversation should be continued in an attorney/client session.
Trustee Kasker commented that he understood where Mr. Hawke was coming from, further stating that the signage reminded him of approaching a Military Base and that he would prefer to see something that did not remind him of his army days. He agreed that the wording needed to be appropriate and noted that he had some questions about that, which he would reserve for the session with their attorney.
Mayor McFadden agreed, stating that he was not opposed to changing the wording on the signage.
Audrey Perry, who lives near the South Gate, commented that before the signage they had noticed that a ton of people came through walking and on bikes…and that when the Garden Club was in the area there would be cars parked everywhere. Additionally, non-residents arrive at the South Gate, push the button for entry and then question why they are not permitted through the gate. She feels the Private Property signs have made a big difference and that they are safer as a result.
Trustee Kasker noted that the Police had been giving consistent warnings to trespassers over the past two years and that this had likely had an impact on the decrease as well.
Following the audit of claims, Village Clerk Elizabeth Doherty announced that the Tuxedo Bag Project, created by two 6th Graders who live in the Village and attend TPS had been successful in their goal to collect 1000 reusable grocery bags for the Sloatsburg Food Pantry. The largest donor was the Village of Tuxedo Park. The Village is proud of these students and in an effort to keep the initiative going will maintain a donation box at the Village all where residents can bring any re-usable grocery bags moving forward.
The Board then adjourned into an executive session to discuss Collective Bargaining Agreement, a water bill of a particular resident, and a particular Village Employee.
Village Board of Trustees Meeting January 26, 2022
The Village Board of Trustees met on Wednesday, January 26 at 7pm. All members were present.
Public Hearing – Draft Local Law No. 1 of 2022 – A Local Law to Amend Village Law Related to Site plan Approval:
Mayor McFadden began by stating that the proposed law had been vetted by the Village Attorney as well as members of BAR, BZA and Planning Board.
There were no public comments, so the hearing was closed.
The Board then voted unanimously in favor of adopting the law.
There was a 5-minute pause between the conclusion of the Public Hearing and the beginning of the regular, monthly meeting.
Approve the Hiring of Part-Time Officer Emma Sullivan: The Board unanimously approved the hiring of part-time Police Officer Emma Sullivan, after which she was ceremoniously sworn in.
Mayor’s Comments:
Mayor McFadden reported that the Village was in receipt of two shipments from the county containing Covid rapid test kits and N95 masks. The first shipment allowed the Village to distribute one test kit and 2 masks per Village household and this was announced via an email announcement as well as on the Village website over the past weekend. The second shipment will allow them to distribute a second test kit as well as an additional 2 masks to each household. These supplies are for Village residents only and can be picked up at the Front Gate. There are also some available at the Village Office.
Reports:
Click here to view the Police Report
To date only 50% of residents have registered their vehicles for the automatic gate opening system. The Chief urged people to register, noting that the vehicle tags will be phased out soon and all those cars who have not registered will be stopped at the gate.
Click here to view the DPW Report
Click here to view the Building, Construction and Special Projects Report
Click here to view the Legal Report Engineering Sewer Trunk Investigation Report – This report was put together by Engineers Westin & Sampson. Some leakage issues in the pipe system were discovered and these will be addressed. Click here to view the Report Board of Trustees Budget Scheduling Dates – Click here to view Board of Trustees 2022-2023 Tentative Assessment Roll Notice – Click here to view the notice. The Board of Trustees also serves as the Board of Assessors. The tentative assessment roll must be published by Tuesday, February 1. The Board voted unanimously in favor of scheduling a Board of Assessors meeting for Monday, January 31 at 10am for the purpose of reviewing and approving the tentative roll and also of setting the grievance hearing for Tuesday, February 15 from 4-8pm. Police Reform Committee – In an effort to continually improve the Police Department, Mayor McFadden presented a 2007 Police Dep. BTS Forensic Report to the Chief as well as the reform committee, pointing out certain pages where action items were suggested. The Chief subsequently responded with written recommendations. Click here to view the 2007 Police Dep. BTS Forensic Report and here to view the Chief Conklin’s response and recommendations.
The Police Reform Committee will be meeting to review and discuss.
Click here to view the Tuxedo Park Police Department Annual Report Projects – AutoGate Report – Click here to view Projects – Relocation of DPW and Village Office – Mayor McFadden reached out to Town Supervisor Ken English with regard to the proposed relocation. Supervisor English responded via email that had received the information and would discuss it with the Town Board. The Supervisor’s email to the Mayor can be found posted on the Village website. Additional reports posted to the Village website this month include: Court reports, Water Synopsis report, DEC Inspection reports and Treasury reports. Click here to visit the Village website and view.
Representing the Climate Smart Task Force Hays stated that the month prior he had painted a somewhat dark picture when presenting to the Board about Climate Change, however there are some silver linings. The committee is actively exploring the idea of harnessing solar power, which will save the Village money and make things more efficient within the community. The committee is working on putting together an inventory of the community. They have collected information from the Village office, the Police Department and the Tuxedo Club and earlier that morning they met with representatives from TPS and discovered that the school is also eager to work with them. They also have yet to collect some pertinent data from SOS. Once they have amassed all of the necessary data, the committee can begin to work with the Board as well as the various other entities to put together a community action plan. There is funding from the State available for some of these actions depending on which direction they choose to take.
Public Comments:
Audrey Perry commented that several years ago the Orange County Planning Board had done quite a bit of investigative work pertaining to solar energy and solar farms. She wondered whether or not anyone from the Task Force had consulted with them.
Mr. Hays responded that although they were in touch with individuals from the County, they had not spoken to anyone from the County Planning Board. He thanked Mrs. Perry for the recommendation. “I think that as a Village, if we are going to be looking at building solar farms, we should really know everything about what a solar farm would entail,” she stated. Mr. Hays agreed, furthering commenting that he and Trustee Scherer had met with a representative of Hudson Valley Energy, an organization that helped communities with this kind of work. “We are really at the beginning phase of this,” he stated. Trustee Scherer agreed commenting “We need to take a very methodical and holistic approach to this. There are clear benefits but there are always costs associated with these projects. We plan to have a holistic look at the entire Village to figure out whether solar makes sense. We have two dams by the way. Can we use them to generate energy? There are a lot of things we can look at. This is going to be a very thoughtful and methodical review of the best alternatives, taking into account competing interests including costs and environment.” The Mayor pointed out that they were also working with the Town Task Force on some of these initiatives.
Changing topics, Mrs. Perry wanted to know whether anyone from the Board had been appointed to attend the Towns’ Tuxedo Farms workshops and report back. She has concerns with the proposed ‘affordable housing’ and the impact these apartments might have on the building of stand-alone homes in the development.
The Mayor responded that at the last meeting, the developer had publicly introduced the builder they have chosen for the project. He has also been in touch with Supervisor English. Town Councilman Jay Reichgott was in the audience and the Mayor asked him whether he would like to comment.
Mr. Reichgott responded that the next presentation from the developer and their builder was scheduled for the following night and would be accessible to the public via WebEx. They are hoping to get a look at what the most recent plans are for the mix of units at this meeting. He further noted that the best way for people to keep tabs on the project was to visit the Town website, where there is a dedicated tab for the project and all of the meetings are posted there.
Mrs. Perry reiterated that her question pertained to whether or not the BOT had assigned a representative to attend the meetings and report back.
“Well, I am relying on their minutes,” responded the Mayor further indicating that he had posted several updates to the Village Website pertaining to the project and would be happy to send Mrs. Perry links to those posts.
JoAnn Hanson commented that she felt there would be virtue in having a member of the Village BOT assigned to follow and track what is going on with the Related development. “That’s obviously key to the future of the whole Village and Town,” she added.
Mayor McFadden responded that Trustee Brooke was the BOT Liaison assigned to Tuxedo Farms.
Trustee Brooke reported that he had attended the online sessions and that there was nothing actionable happening at this point in time. He has had several communications with Related and finds them to be quite incommunicative about some of the associated project details. It appears as though they are trying to increase the density while creating adequate open space, but he has not seen plans. He has been speaking to them on average every 2-3 weeks. The critical issue from his perspective is understanding what Related needs from the Village, what the Village needs from Related and clearly defining what issues need to be addressed from a Village perspective.
JoAnn Hanson added that Lennar is the largest homebuilder in the country and they are very well respected having done master plan communities of this type and scope and she feels bringing them on board was a positive step forward for the both the Village and the Town.
Trustee Scherer agreed.
Consent Agenda:
The Board voted unanimously in favor of approving the consent agenda.
Old Business: Discuss Establishing a Sewer Fund to Begin on June 1, 2002 – In order to proceed with this idea, the BOT will need to amend the Village Code. It was agreed that a local law should be drafted and presented for Public Hearing and further discussion by the Board at their February meeting.
New Business: Discuss Light Path Proposal and Crown Castle Proposals for Certain Village Buildings – These relate to internet and cell service. At the previous meeting of the Board, the Trustees authorized the Mayor to sign an agreement with a consultant based on certain conditions, which were met. They have had one meeting since that time and these are the two companies they believe to be best thus far. It appears as though it will cost several thousand dollars a month to bring internet to the South Gate and the Police building. The Village will continue to work with the consultant and hopefully have some better news to report in the future. Discuss Award of Landscape Architect for WWP Design Phase – The Wee Wah Park Committee is in receipt of two proposals from Landscape Architects and believe that the one they have from Tree Stone is the best. Therefore, they are recommending that the Board authorize the Mayor to negotiate a fee arrangement acceptable to the Board to produce design renderings suitable for fundraising. There were no objections to this plan and the Board voted unanimously in favor of moving ahead with it as described. This will be discussed further at February meeting. Discuss Workflow and procedures for BAR, PB & BZA Minutes and Professional Consultants Services on Applications and Escrow – This pertains to recent discussions concerning the use of hiring consultants to review applicants work for the various Boards. There is currently a moratorium on the use of professional consultants. In gathering information, they discovered that the Village has been paying invoices to the professional consultants for work rendered on applicant’ projects without billing or collecting from the applicants. This needs to be offset with escrow monies and it puts the Village into a bit of a sticky situation.
Moving forward, the Village will need to provide some sort of formal guidance to the Boards as to the use of professional consultants.
Timely posting of meeting minutes was also discussed. Legally, meeting minutes must be made available to the Public via the Village Website within two weeks of a meeting. Minutes cannot be withheld based on the fact that they have not yet been approved. Board attorney Brian Nugent advised that if a Board has not reconvened within two weeks, draft minutes can be posted. “I want to put it on record,” stated Mayor McFadden, “that it is in the Boards’ interest to improve the approval process for residents and make it welcoming and easy, while staying within the strict guidelines that we have…because we are a historic district.” Resolve to Allow Conditional Ice Skating on the Wee Wah Lake – The idea of allowing all Village Taxpayers to access the Wee Wah lake via the Wee Wah Park property for ice skating was discussed. Skating would need to be authorized by both the DPW Superintendent and the Chief of Police (for safety reasons). Discussion centered around safety and the proximity of skating to ice fishing, which is also permitted on Wee Wah Lake. The idea of allowing skating on Tuxedo Lake, to launch from the Tuxedo Club Boathouse, was also briefly discussed, but DPW Superintendent Jeff Voss advised that it would take a long time for the ice to become thick enough there to safely support skating. Ultimately it was agreed that skating on the Wee Wah would be allowed and that a safety pole equipped with a throw-rope and ladder would be kept close by in case of emergency.
The Board then adjourned into an executive session for the purpose of discussing Village employees, a Collective Bargaining Agreement, a legal matter and Contractor Agreements.
Village Board of Trustees Meeting December 15, 2021
Trustees met on December 15, 2021 at 6:30pm.
Public Hearing – Draft Local Law #3 of 2021 – A Local Law to Amend Village Law Related to Site Plan Approval:
Because the draft law has changed within the last seven days, it must be re-noticed before the hearing can take place. Therefore, Mayor McFadden suggested they continue the hearing until the January 19 Board of Trustees meeting and the Board voted unanimously in favor of doing so.
Public Hearing – Draft Local Law #4 of 2021 – A Local Law to Amend Local Law to Revise Dock and Boat Sizes on All Village Lakes:
This law has yet to be drafted. Mayor McFadden suggested that they close the public hearing and cancel any further hearings until the law existed in draft form. The Board voted unanimously in favor of doing so.
Public Hearing – Draft Local Law #5 of 2021 – A Local Law to Amend Village Law Related to Accessing to The Village:
There were no comments from the public and Mayor McFadden stated that it was going to be his recommendation that the Board vote on the law during their regular meeting. With that in mind, the Board voted unanimously in favor of closing the public hearing.
The regular meeting was called to order at 7pm.
Mayors Comments:
Mayor McFadden began by wishing everyone happy holidays. He expressed his gratitude to Justin DeCristofaro of Haugland Energy for his assistance with the installation of holidays lights as well as both John Ledwith and Jeff Voss/the DPW team for time and effort pulling it all together.
Reports:
Click here to view the DPW Report
Click here to view the Building Department Report
Click here to view the Police Report
Click here and here to view reports detailing the proposed new traffic pattern for the intersection of Route 17 and East Village Road. This will involve the removal of the blinking red light on Rt.17 near the entrance of the Village and the installation of a new traffic light just to the north which will align with East Village Road. Reconfiguration and re- alignment of the entrance to Tuxedo Road may be required and having traffic flow in a one-way pattern has been proposed. As Route 17 is a State owned road, the Village and the Town have little to do with the changes that may occur there however, they can object to them if they see fit. Chief Conklin advised the Board that he believed the proposed pattern would be safer for motorists. Trustee Brooke commented that he did not see the point in fixing things that were not broken and that he personally did not see the purpose in another stoplight along Route 17.
Trustee Shaw suggested that the additional light would create traffic issues, noting that there were a lot of cars that traveled through there and it would have to be timed appropriately with the light by the Post Office.
Trustee Sherer commented that he did not believe he had enough information to voice an opinion. Based on the Chiefs comments the proposed new pattern could improve safety however he felt that Trustee Shaw made a strong point about traffic.
Trustee Kasker suggested that they ask the State DOT for further detail regarding the rationale behind their proposal.
On another note, the Chief noted that the Department had been experiencing internet connectivity issues between the front and back Gates. Although the connection in the Main Gate remains viable, they have been losing connectivity with the South Gate on a regular basis and whenever this happens, they have to station and officer there to oversee the traffic. He suggested that Village should explore a secondary, back-up system. The Mayor suggested that while Optimum is the only internet option in Town and the Village has had issues with getting them to come and examine the aging infrastructure, the communications committee has done a good job in identifying a possible new vendor. He further noted that later in the evening an independent consultant would be providing them with a brief presentation that would likely be relevant to this situation.
Click here to view the Engineering Project Report
Click here to view Engineer Westin and Sampsons’ conceptual plan for the relocation of the DPW, Village Office, Court and Village Hall.
Click here to view the litigation report Liaison Reports – Trustee Kasker reported that he had attended a Fire Commissioners’ meeting the week prior where they had spoken about fire hydrants. Using a list of flow measurements (detailing both pressure and gallons per minute) for 2019 as compared to 2014 he and his daughter will be entering those hydrants that flow over 500 gallons per minute into an App that is utilized by the department to help determine which hydrants they should use.
Committee Reports – On Behalf of the Climate Smart Committee Jim Hays provided the Board with some general information about global warming and climate change, suggesting that there are many unknowns when it comes to the future but that the direction in which things are heading suggests that there will be great hardships to people living on this planet if greenhouse gas emissions cannot be drastically lowered by mid-century. In order for this to happen, everyone will have to get involved in the effort. “It’s not anymore as it used to be, just buying a car that gets better milage or insulating your house. It has to be a more transformative change. We have to replace fossil fuels with electricity which is generated by solar energy either through solar panels, windmills or hydroelectric facilities,” he stated. “The Mayor has recommended that maybe we should build a solar farm of panels somewhere in the Park and use that to electricity the Village. That’s a possibility. He’s asked Trustee Scherer to chair a committee to investigate this and he is working with the Climate Smart Committee on that.” He further indicated that there were other potential ways to electrify the Village with solar energy aside from building a solar farm and that they would investigate these and follow up by providing the Board with recommendations. The Committee, which is relatively small, has been working on a greenhouse gas inventory for the year 2018. With the help of John Ledwith, Jeff Voss and Chief Conklin they have been able to collect enough data to measure and estimate the Greenhouse gas emissions by Government operations and now they will move on to the residences, the school and the Club. Hopefully the inventory will be completed in the early part of 2022 and the committee will be able to come back to the Board with a report detailing where the greenhouse gasses in the Village are coming from, what can be done about it and how they can be reduced. “We do need more people,” he noted “so I hope anybody who is listening and wants to get involved will get in touch with me.” There is a Facebook page and information has also been posted to the Village website and through these two things they are hopeful that more people will join the cause.
Reporting on behalf of the Communications Committee , Maureen Coen indicated that the committee was recommending that the Village hire an independent expert to advise them as to the most effective and efficient way to improve communication networks, principally cellphone service and internet connectivity. They believe this area requires particular expertise and knowledge and the Village cannot simply rely on vendors to make proposals. They are recommending Walter Cooper, who has been involved in the business for over 35 years and has quite an impressive resume. (Walters’ resume can be found on the Village website for anyone who is interested.). His fee is $130 per hour plus expenses and based on similar situations he estimates the fees will total between $8,000 and 12,000 in total. Mr. Cooper was present on Zoom and proceeded to provide the Board with a brief overview of the services he could provide if hired, including full investigation of a number of possible solutions and opportunities and how to effectively balance these for the best possible results.
The Mayor wondered if it might be a good idea to send Mr. Cooper a scope of work prior to hiring him. He further suggested that acceptance of this scope should be a condition to the Boards’ approval of the hire.
Mr. Cooper agreed that this would be a good idea.
Trustee Brooke suggested that in addition to a scope of work, the Village needed to determine the definition of the problem they were trying to solve. There are potential security and hardwiring issues as outlined by the Chief earlier as well as quality of communication problems. Having a comprehensive framework will allow them to better evaluate the suggestions that are brought forth either from Mr. Cooper or any of the potential vendors.
Trustee Scherer agreed reiterating that it was important to clearly identify the issues, whether they be public safety, quality of cell service or whatever. Following some further discussion with regard to fiber optics, the Board thanked Mr. Cooper for his time and he dropped off the call. The Mayor then indicated that the Board would entertain a resolution to hire him further on in the agenda.
On behalf of the Welcome Committee Bryna Pomp reported that she and committee co-chair Pam Breeman had composed a letter that would be going to the first resident to whom they had been introduced through a broker along with a beautiful plant arrangement. They will continue to welcome everyone they are introduced to in this maner and are asking that brokers and/or the Village Office to please keep them in the loop when somebody closes on a house so that they can formally welcome them in this way.
Click here to view the full Welcome Committee Report.
Public Comments:
Jay Reichgott commented that he had reviewed the preliminary plans for the relocation of the DPW/Village office and had a couple of thoughts to offer. First, document discusses possibly having to move further north in order to get enough land for the proposed relocation, but most of the land to the north of the current boundary is 100-year flood plain, so there are some complications there. Secondly, this area is a well-known and well used public park. “We all know that there is some perhaps friction between the Town and the Village that we will have to work through. Let me say that I will be happy to help liaison that but also when we are looking at landscaping and all of that…it’s the back side of the DPW, but it’s the front side of the park.”
Mayor McFadden responded that it was his understanding that the current configuration did not infringe on the parking lot or the baseball field, but he had been unaware of the flood plain and he would bring this to the attention of the engineers. He further stated that he would love to work with Mr. Reichgott on this as a liaison to the Town. “It’s a very exciting opportunity,” he stated. “Just to give everyone an idea of the timeframe…this would be a 2023/24 kind of thing I would think. We would first have to declare that the DPW and Village Office land could be sold or modified. Then it would be the costing of the building and whether it is even possible to do, we don’t know. I am very excited about it, but it’s a long way away.”
Mr. Reichgott noted that one thing that was missing from the park was functioning restrooms and that perhaps there would be a way to work those into the plan.
Consent Agenda:
Trustee Kasker asked that the following items be removed from the consent agenda:
Approve the Contractor Vehicle Registration at $29.95 for multiple vehicles with commercial plates. Contractor vehicles without commercial plates are $29.95 each additional vehicle
Approve the 2021 WWBC membership and guest pass fees for 2022 season and approve accepting donations for the park renovation.
They were removed and added to the regular agenda under the heading old business.
The other items on the consent agenda were then unanimously approved.
New Business: Approve two months of services from QuickBooks to a. transfer voucher system from Excel to QuickBooks, b. transfer village budget from Excel to QuickBooks, and c., Organize Chart of Accounts – Following some discussion the Board voted unanimously in favor of approving the service. Discuss hiring communication consultant Walter Cooper- The Board voted unanimously in favor of hiring Walter Cooper to work directly with the Communications Committee pending the review of his references, approval of the Village scope of work and other items based on the strategy that the Village has in mind for their communications system at an amount not to exceed $12,000. Additionally, Trustee Kasker was replaced by Trustee Shaw as liaison. Resolution imposing a proof of vaccination requirement in municipal facilities – Followingsome discussion, the Board voted in favor of adopting this resolution which follows the Governors’ recent Executive Order. In lieu of requiring proof of vaccination, they have chosen to require that all individuals over the age of two wear face masks when in municipal buildings. Trustee Shaw abstained. Resolution approving the purchase of pressure relief valve – The Board voted unanimously in favor of authorizing the DPW purchase of a pressure relief valve at a cost of $3,498.00.
Old Business: Approve the Contractor Vehicle Registration at $29.95 for multiple vehicles with commercial plates. Contractor vehicles without commercial plates are $29.95 each additional vehicle -
Chris Kasker asked for clarification as to the definition of a contractor vehicle.
Mayor McFadden explained that these were vehicles belonging to landscapers and independent contractors hired by residents. Vendors such as Amazon, UPS, SOS, School Busses etc. will not be charged. Trustee Kasker stated that he understood that it was a nominal fee but the Village has never charged for entry before and he was not in favor of it. The Board then voted 3-1 in favor of approving the fees. Trustee Brooke suggested they re-evaluate the fees in a few months and revise things if necessary. It was agreed that they would do this. Approve the 2021 WWBC membership and guest pass fees for 2022 season and approve accepting donations for the park renovation – Trustee Brooke noted that he had on several occasions requested a budget for the Beach Club but had not received one to date. “It seems to me that having a sense of a budget would be important to look at fees, because we are also going to be making a significant contribution to improve the facility at some point…and I just don’t have a sense of the numbers.”
The Mayor responded that the WWB Committee had not presented a budget as part of the resolution that was accepted by majority vote at the November meeting.
“We accepted a resolution to hire NY Pools,” interjected Trustee Kasker. “We didn’t accept their memo.”
The Mayor agreed that it could be interpreted this way. He went on to say that memberships in the year prior had brought in $30,000. The Village knows that they need to match this number in order to cover the cost of the new pool manager. The committee debated whether or not they should increase the rates at a cost of inflation. These rates were proposed in the Committee memo. During the November meeting, the concern that members would be paying more money for fewer services was repeatedly raised and as a result the Mayor went back to the committee and proposed that they revert to the same fees that were charged in the summer of 2021. They were trying to “diffuse the shock of the change” while maintaining the membership and level of service. “I don’t particularly feel the need for a budget but I certainly feel that we need to be addressing this along the way over the next couple of months because if we don’t receive membership fees or if the Hamlet people don’t want to come in, there could be an issue there. It’s pretty straight forward,” stated the Mayor.
Trustee Brooke indicated that not having seen the WWBC budget, he did not know how much they had spent on lifeguards but he intuitively assumed that adding a new service would increase costs and that these will be existing costs. “I also believe in principal that the Village has a resource here that they should make a contribution to that is significant to fix up the Wee Wah. Given the fact that you are making a larger contribution and it’s from tax revenues, my belief is that the size of the Beach Club should be increased to potentially include every member of the Village. We improve it. We use it more. It will be a more robust community resource. I can accept that 2022 is a transition year. The question is going to come up as to what kind of a contribution we as a Village want to make to the Wee Wah Club and I have no way of trying to dimensionalize that number.”
The Mayor responded that he agreed that in the upcoming budget year they should consider making a contribution of taxpayer money that would allow all Village residents to go for free. In terms of renovations, the committee has received proposals from several landscapers to do a low impact redesign of the park and that is a separate issue that will require donations and fundraising. None of this in the budget for this first year and therefore, they must charge the people the membership fee.
Trustee Brooke indicated that he understood this and that this next year would be a transition. “I think that in principal because it is a community resource and the community includes Village residents and Town residents who have been around that, it is of value of us to improve that facility. If the interim solution is to keep the dues the same and move forward, I am fine with it. I am merely saying that I want to address what the issue is in the spring for the summer of 2023.”
The Mayor agreed.
Jay Reichgott commented that he felt it was important to keep in mind that there are two entities here that were getting conflated a lot. There is the Village of Tuxedo Park Facility, which is open to all Village residents to use with certain restrictions and then there is the swim club, which is the organization that possesses the license to run a swimming beach during swimming seasons. Those are separate things. Improving the Park is a Village responsibility, just like improving the Racetrack or any other Village facility. That needs to be separated from swim operations.”
“Right, and it is,” replied the Mayor. “Because you have your membership fees for running the swim club and then we are also accepting donations for the improvement of the park. That could be anywhere from a new bathroom to a community center or a community gathering spot. The third is the Village Board during the budgeting process allocating resources to the park for other smaller issues. They are separate and they are organic. We might calculate that we need to put in $15,000 in order for Village residents to go free and that is going to be separate from raising money to award to a landscape designer if we decide to do that.”
Mr. Reichgott countered that the Village could decide that they were going to invest Village funds into the beautification of the property.
“Let’s say we raised $500,000 and the price that we agreed on for the renovations was $750,000,” suggested the Mayor. “We could do a bond or a low interest loan for that, yes.”
Moving on, Trustee Kasker asked for clarification as to what services people would receive with their membership. “Is it just swimming?” he asked “I can go use the park whenever I want if I am not a member…I just can’t go swimming?”
“All of that is posted,” replied Mayor McFadden “I would be happy to go over it with you”
“Did the Board approve that?” he asked. “Maybe just some housekeeping…”
Trustee Brooke suggested that enforcement at the facility would be done by the Wee Wah Beach Club people who manage the it during Beach Club hours.
It was pointed out to him by Trustee Kasker and Mr. Reichgott that this type of enforcement was gone now.
“It is not gone,” retorted the Mayor.
“As I understand the current arrangement, the Wee Wah Beach Club…that entity….they are not part of the management program for this year.”
“Correct,” affirmed Mayor McFadden.
“The Board of Trustees has not approved eligibility to be a member and has not discussed the services provided at the beach and that is all I am saying,” stated Trustee Kasker.
“Here is how it is currently broken down and being sold,” stated the Mayor. “The types of memberships that were offered last year and the guest passes are the same. The hours are the same. Only between those hours, which is called the swimming membership, are there lifeguards and only then can members swim. We made an arrangement with the DPW to do all of the maintenance…cleaning of the equipment, cleaning and restocking the bathroom, emptying garbage and things that were a concern to the Wee Wah Beach Club Executive Committee. We are working with the NY Pool management company as to how to check people in. That was a position that was available under the WWBC. There was a checker. We have been looking at a variety of things including but not limited to photo IDS that are checked by lifeguards or a card reading machine. But we are basically dealing with the honor system. Also the fact that you have people having to register their vehicles to come into the Village at $10 per car…we are not concerned about people getting in who are not registered. That’s another layer of protection. I guess you are talking about people sneaking in….”
“I don’t think we are worried about people from outside of the Park who are not members sneaking into the Park to go swimming,” replied Mr. Reichgott. “I think, and this is only my personal concern, people who are Park residents who feel that they don’t need to be a member to go and swim.”
“Well, shame on us,” replied the Mayor. “Right now there has been a change that we should discuss so that it is on the record. For as long as I can remember here after the WWBC season closed, the gate was locked, the bathrooms were closed and the electricity was turned off. For the first time since we removed the WWBC references from the Village Code, which we had to do, I decided to make an announcement that it is now open from sunrise to sunset. The response has been fantastic. People are there all of the time…loving it. It’s been great! Am I concerned that there will be some people who don’t care to swim and just want to go in the mornings between sunrise and 1pm and have a picnic? Hey…good for them! Anyone can go free right now! But if you want to swim, you have to pay up. That is the current strategy and we are not having any difficulty raising memberships. I have yet to have been able to contact the Hamlet people. I asked Bonny and others for their email addresses so that I can invite them but she they claim they have a legal opinion and can’t share the emails. I would love to send them an email tomorrow and say sign up!”
“There’s a whole lot of ideas and thoughts,” stated Trustee Kasker, “and I think it’s our responsibility as a Board to codify them in policy and a resolution at some point such as membership eligibility and what it entails.”
“Let’s do it tonight,” replied the Mayor.
“Ok, Wee Wah Park and Bathing Beach is the name being used and that was never approved by the Board so let’s discuss that,” stated Trustee Kasker.
“Chris, it’s a lot of micro-management, but let’s do it anyway,” replied Mayor McFadden.
“I think it’s oversight,” Trustee Kasker responded.
The name of the entity was then briefly debated and discussed. Trustees Kasker and Brooke were not in favor of using the word “bathing” in the name, however Mayor McFadden argued that it was critical to somehow distinguish the beach and swimming area from the rest of the Park. He called for a vote. Trustees Shaw and Scherer were in favor of the name as proposed.
Trustee Brooke abstained commenting he did not want to use the word bathing.
“Why can’t we just call it Wee Wah Beach?” inquired Trustee Kasker.
“The vote has been taken,” snapped Mayor McFadden.
Moving on to membership eligibility, the Board voted unanimously in favor of keeping things the same as they had been the year before, restricting the Hamlet membership to those who had joined in the summer of 2019 and after. There will be new membership eligibility for anyone living in the Hamlet who can establish that the TPA employed their direct ancestors.
Trustee Kasker asked for clarification as to whether first responders were still eligible for membership as they had been in the summer of 2021. The answer was yes.
Mayor McFadden called for a vote. Trustees Shaw and Scherer voted yes. Trustees Kasker and Brooke did not vote. Mayor McFadden moved on.
Retro-actively authorize the Mayor to apply for a building permit to build a median in front of the Booth – Although construction appears to be complete, the Board did not authorize it to take place on Village property. Trustee Kasker has requested that they do so retroactively.
“It’s not on Village property. It’s in the Town.” stated Mayor McFadden.
“It is Village owned property in the Town,” corrected Trustee Kasker.
“It is outside of the Village borders but it is owned by the Village of Tuxedo Park” concurred Mr. Reichgott.
“Which is why you got a Town of Tuxedo of Tuxedo Building permit…because you own it,” Trustee Kasker added.
“It’s why you didn’t need a memorandum of understanding or an easement from the Town to use a Town road,” explained Mr. Reichgott.
“Thank You Gentlemen,” stated Mayor McFadden.
“I’m just trying to keep us legal,” Trustee Kasker stated.
Following some rather contentious bickering between the Mayor and Trustee Kasker regarding the ownership of the property and the correct permitting process for the work that had been done there, the Board voted in favor of authorizing the Mayor to construct three garden medians in the areas surrounding the booth.
Audit of Claims :
Elizabeth Doherty read aloud the audit of claims. The Board voted unanimously in favor of approving them. “I am going to take this opportunity to make a comment on Chriss’ statement into the record at the last meeting where he claimed that we were $400,000 over budget and not even 6 months into it and gave us a list of 11 line items. It was a false statement. We have been working with the accountants and Elizabeth and my budget director and with John. It is not true statement. We are not overbudget by $400,000 and I want to make that clear for the record.”
“I never said we were $400,000 over budget,” Trustee Kasker responded. “ I said there were 11 line items on the budget where the expenses exceeded the budget. I stand by that statement. I have had discussions with Elizabeth. I have had discussions with attorneys at NICOM and I understand that some of those lines were not appropriated lines and others were. So there are still line items that this Board approved appropriations for that have exceeded budget items. My only point in bringing that up was because the Mayor kept saying we had to pay for the license plate reader because it was not budgeted for and there are plenty of things not budgeted for that we are spending money on and I asked what made those line items different. Further, the fact that nobody on the Board even questioned it when I said it and we still had a continuation of a discussion on money just goes to show that we are not where we should be as far as awareness of the budget.”
“Actually,” responded the Mayor, “I was so shocked by the fact that you would say that in a public meeting rather than contact us privately beforehand. You made a big statement like that and you put it on record that we are incompetent. The reason I didn’t say anything was that I was in shock. You claim to be a team player. You made that overtly at a meeting intentionally to embarrass me and others and you were doing it because you were mad about the WWBC vote. If you are a team player you bring those items to our attention before a meeting, let us look at them and give us a chance to do what we did over the last few weeks so we wouldn’t have this kind of back and forth.”
“I will continue to participate the way I feel like I need to participate based on the environment that I find myself in,” Trustee Kasker stated. “I stand by my statement then. I stand by my statement now. You can insinuate how I was feeling and why I said whatever I said but I am the only one who knows.”
“But Chris,” interjected Trustee Scherer, “we need to have public discussion for sure, but we are allowed to converse, keeping in mind the sunshine laws, beforehand…and it would make potentially these meetings more constructive and I think that would be helpful to progressing the Village’s business. For example, we wasted a bunch of time tonight candidly talking about stuff that is not that important or could have been easily resolved before the meeting. That’s the point.”
“I agree,” replied Trustee Kasker. “I sent everyone my thoughts this morning and I said if anyone wants to discuss, give me a call. Nobody replied.”
“Chris, with all due respect,” countered Trustee Scherer, “at the last meeting you did not do that. At this meeting you did it 6, maybe 8 hours in advance of the meeting? I have a full time job as do many other people on this call.”
“Josh, I do things in priority too, just like you do,” responded Trustee Kasker. “This has been a sprint all week long and I did it as early as I could.”
“I have sent you more than 15 emails since the last meeting asking for your thoughts on important information including rates for the WWBC,” stated Mayor McFadden. “You didn’t respond to a single one. And that’s what you do. You don’t talk to me during the month. You prefer to do it here in the meeting. You don’t want to be a team player. Just like Josh said, we have wasted hours.”
“We are wasting hours right now,” suggested Trustee Kasker.
“One last statement,” said Mayor McFadden. “You stand by your statement…I stand by the Village recording of last months’ meeting and what was written in TPFYI and I quoted you and that is what you said.”
“I never said we were over budget by $400,000. I said there were 11 line items where expenses exceeded budget. 11 line items is not over budget,” Trustee Kasker responded.
Budget Transfers:
Elizabeth Doherty read aloud the budget transfers. They were unanimously approved. Mayor McFadden announced that the changes were the result of their meeting with the Village accountant, the Budget Director and others to clarify and take a deeper dive into the comment that was made at the last meeting by Trustee Kasker. He then read aloud from the TPFYI coverage of that meeting, quoting Trustee Kasker, who in turn argued that what he actually said did not mean what the Mayor was suggesting it did.
Rather than to respond, the Mayor closed the meeting and the Board entered into an executive session to discuss employment matters of two specific persons, the PBS collective bargaining agreement, a legal matter and a safety matter.
Village Board of Trustees Meeting November 17, 2021
The Village Board of Trustees met on Wednesday, November 17 at 6:30pm. Trustee Brooke was absent.
Public Hearing – Local Law No. 3 of 2021 – A Local Law to review site plans in the Village of Tuxedo Park: Mayor McFadden met with the Planning Board on November 10 to discuss the Draft law. As a result of that meeting, Planning Board attorney Rick Golden drafted the Planning Board comments and also provided the BOT with a new Daft version of the law. The changes are substantive and the Board cannot continue the discussion until the new draft has been posted for the public to review. Therefore, the public hearing was continued to December 15 at 6:30pm.
Public Hearing – Local Law No. 4 of 2021 – A Local Law to revise dock and boat sizes on Wee Wah Lake in the Village of Tuxedo Park: Chris Hansen, who has been drafting the law BOT review, has not completed it to the point where it can be shared. Therefore, the public hearing was continued to December 15 at 6:40pm.
Mayor’s Comments:
Mayor McFadden began by thanking residents Jim, Chris, Rachel, Odetta and George (last names were omitted) for volunteering for the CSLAP program. This is a very important program and with the help of these five volunteers, the Village will be able to keep it going. He also thanked the DPW for special projects they have recently completed including: a mailbox stand, a variety of construction and final touches to the booth and refurbishing of the West Lake Rd/Turtle Brook Rd triangle. He further expressed gratitude to the Police Department for all of their input regarding the new automatic gate opening system, Denise Spalthoff for her work brining the pay on-line system live and Elizabeth Doherty for the work she did with getting EPA penalties waived.
Reports & Minutes:
Click here to view the DPW report
Click here to view the Construction report
Click here to view the Cellular Communications & WiFi report
Click here to view the Court report
Click here to view the Water report
Click here to view the Police report
Click here to view the Legal report
Public Comments on Agenda Items: Bonnie Takeuchi expressed concern with the recent proposal from an aquatic management company to run the Wee Wah Beach Club, which was widely circulated by the Village at the beginning of the week. Specifically, she focused on the services that are being offered and their costs noting that in 2020, for a season that began on July 5, the Club had employed 3 full-time workers for every hour they were open (a lifeguard, a membership checker and a Covid monitor) and their total payroll was $20,591. In 2021 they were able to open Memorial Day weekend and maintained 2 full-time employees for every hour they were open with the Covid monitor present most, but not all, of the time. Payroll totaled $24,947. She suggested that these numbers might help the Board during their discussion about the proposal later in the evening. “Members of my Board and I will be here throughout the meeting,” she stated, “and when you get to the part at which the WWBC is up for discussion, if you have any questions, we would certainly like to be called on and if we have the information with us we can give it to you and if we don’t, we can certainly get it to you.”
Village resident and WWBC Vice President Jennifer Darling commented that she wanted to briefly run through the position statement that had been sent to the Board by the WWBC the night before. She further indicated that the WWBC was not going to take a position on the hiring of an aquatic management company, which she noted was “probably not a bad idea for many reasons.” After careful review, they do however have significant issues with the proposal that has been brought forward. The first issue is that it appears that Club will be receiving significantly fewer services for a lot more money. She noted that Bonnie Takeuchi had just provided some of the payroll numbers, which helped to illustrate this point. Secondly, they believe that maintaining a limited staff of only one lifeguard with no support staff would be a safety issue. Historically the club has employed 2 or 3 fulltime people during operating hours. The proposal, which the WWBC Board acquired via a FOIL, outlined a plan under which the one lifeguard on duty would be expected to do everything else in addition to watching the water including but not limited to, cleaning tables, enforcing property-wide rules, managing garbage, checking in members, managing guests and guest passes, weeding and raking and cleaning the bathrooms. Because a lifeguard should not take their eyes off the water if there anyone in or near the swimming area, this means that the other work can only be done when and if there nobody utilizing the beach. For this reason alone, they have an issue with the amount of money the company is looking to charge for the service . “Less services…more money…that is really hard for us to get past,” she commented. They also had some issues with the proposed membership fees. “We worked really hard to keep the base family membership fee below $300 to make it affordable. It’s not a fancy club where there are lots of perks. It’s really just servicing the beach. We (WWBC) also have guest passes that are much more affordable than what has been proposed thus far. $25 per person for guest passes is a sweet idea, but we feel that it will hinder a lot of people from coming.”
In response to Mrs. Darling’s indication that the WWBC had FOILED the proposal, Mayor McFadden stated that he had sent it to them directly of his own accord, further suggesting that he had not even know until afterwards that it had been FOILed. “You can continue to say that it was because it was FOILed…but that’s just not the case,” he commented, reiterating that their FOIL request had nothing to do with his having provided them with the document.
Mrs. Darling went on to point out that the insurance provision in the proposal had full liability on the Village. “For me as a lawyer this is untenable because the way it is currently set up, we (WWBC) have our 3 million dollars and you (The Village) have your policy and you have a full indemnification from the beach. There was no indemnification from them. There was a full indemnification from the Village to the pool company and there was no obligation for them to carry any insurance what-so-ever. If there is an issue, that is not a situation that the Village would want to be in,” she stated. Finally, she mentioned that within the proposal there was no proposed cost for setting up either raft or the ropes and these things in conjunction with a few others could equate to hidden expenses that would drive the overall cost up. “I don’t think it’s necessarily $31,000 to run the beach for the summer. I think it’s incrementally more and to do it safely, even more than that.” Ava Rattazzi commented that she had been the lifeguard at the WWBC this past summer. “Not only as a lifeguard, but also as a Beach Club employee, I know how much responsibility is needed from each staff member,” she stated. “All of the responsibility that you are planning to put on just the lifeguard is unrealistic. The other lifeguard or lifeguards that will be hired will also be around my age and having just one person in charge of completing all the tasks by themselves, some of which require more than 1 person to complete is unheard of and unsafe. A lifeguards’ priority is to stay on the waterfront and make sure that there are no problems.” She further suggested that if there were to be only one lifeguard on week days and two on weekends, as per the proposal, the insurance company may not wish to insure the property because one worker can be a liability issue. “Since a lifeguard cannot take their eyes off the water, they will not know what is going on up in the beach and picnic areas,” she cautioned. “If somebody were drowning, the lifeguard would need at least one other person to help them with a backboard and they would also need somebody to call 911…so there are some safety issues with that too.”
Mayor McFadden asked Ms. Rattazzi whether she would be interested in working at the Beach Club again in 2022.
She responded that she would.
The Mayor then stated that he felt they would be able to submit her name to the company for consideration. “I’m sure they would be happy to have somebody with your experience,” he added. Marc Citrin stated that the one of the things about Tuxedo Park that makes it unique is the importance it places on its’ history. “So I stand before you and I ask you why is it that this proposal is looking to extinguish The WWBC, a beloved organization that has existed since 1934 serving both the community of the Park and the Town? Certainly, from my perspective, it isn’t because the WWBC hasn’t lived up to its’ obligations. When the Village asked the Beach Club to provide a police officer at the North Gate in 2020, we were more than willing to do it. When the Village asked the Beach Club to ensure that all Covid protocols were followed in 2020 and 2021, we certainly did. In terms of the financials, you heard from Jennifer and Bonnie that this proposal from NYS Pools simply doesn’t add up. You’re getting less and paying more. So why is it that we are looking to extinguish the WWBC by this proposal? Well, with 87 years of institutional history comes 87 years of memory and I point out to the Board that in 2007 Mayor McFadden made a proposal to the Board of Trustees to extinguish the Beach Club in favor of a Department of Parks and Recreation. I have a copy of that proposal in front of me, submitted by you Mayor, and dated 12/12/07. Obviously, in looking back, that proposal was not adopted. In 2009 another set of proposals were made to extinguish the WWBC and the interesting thing about those proposals is that the bidders, for the sum of $36,000, not only offered a guard for the beach, but a gate guard, a beach manager and an assistant manager…all full time for $6,000 more than NYS Pools is offering 1 guard during the week and 2 guards on the weekends…and that was 12 years ago. Prices have only gone up! $6,000 more than what is being offered today. So I submit to you that the Beach Club has provided service for 87 years…faithful service, good service, dependable service…and as I said to you on August 18 and October 25, we are more than willing to continue to provide that service with good faith negotiations for the summer of 2022…and we stand ready to do the same today.” Aoife Geoghegan commented that she was surprised at the Boards’ decision in selecting an outside party to run the Beach Club when the current Wee Wah Board has done so successfully and there has been a relationship there for 87 years. To the best of her knowledge, there have been no issues or anything that would warrant the break of this long-standing relationship and something like this could cause bad relations between the Hamlet and the Village. Many of the Village residents are not happy with what has been proposed but rather are quite happy with the Beach Club as it stands. She does not believe that the decision is representative of the majority. She is also surprised that the information was released on such short notice and further noted that the WWBC Board members had not been given adequate time to prepare for this meeting. She is also surprised by the massive increase that has been proposed for guest passes and the limits that have been put upon them when it is well known that people go there to have a good time and socialize and have family get-togethers in groups larger than 10. “I’m just surprised by the whole thing and very very disheartened that this is the way that it is going. It almost seems like it’s a personal thing at this stage. It’s very sad after 87 years of tradition with nothing that has warranted this.”
On a different note, Jake Matthews inquired as to whether or not he could comment or ask a question about Local Law No. 4 of 2021, which pertains to dock and boat sizes on Wee Wah Lake. He wondered where he could get more information regarding what was being proposed, further noting that he was unclear as to whether what was being proposed would apply only to Wee Wah Lake, or if it would also apply to Pond #3 and Tuxedo Lake.
Mayor McFadden responded that the hearing had been tabled until December 15 at 6:30 as the law had not yet been drafted. “It’s still under consideration by Chris Hansen. It’s going to be a comprehensive law for all the bodies of water , but right now there is nothing to look at.”
Planning Board Chair JoAnn Hanson commented that her Board had been working with the Mayor and Trustees to further revise the suggested distribution of the responsibilities of the Planning Board and the Board of Architectural Review. Noting that there were two items relating to this on the agenda, she suggested that if a survey was going to be done of prior applicants that it might be productive to have both the Planning Board and the BAR take a quick look at the survey…not to tilt it one way or the other….but to ensure that it was reflective of the processes that have been in place. With regard to a comment about stopping engineer payments for BAR reviews, she noted that there were some on-going applications that were mid-stream that require engineering. The Planning Board will be meeting on December 8 to look at revisions to the law and welcome any input from the Mayor or the Trustees prior to that time. Stuart Mcgregor commented that he felt there was nobody at the meeting who knew more about the WWBC than he did. The Beach Club was actually started in 1936 and both of his Grandfathers were instrumental in starting what was known as The Tuxedo Community Club with the help of Hans Christian Sonne, George Amory and George Grant Mason. His mother was the first treasurer. His aunt was a treasurer for 30-some years and he spent his summers at the WWBC as did so many others from both the Park and the Hamlet. “Back in 2018 I provided you with a proposal and a letter, knowing that the Beach Club was coming to an end because for 30 years it has been a source of friction between the Park and the Hamlet. I also feel that times change.” He went on to say that he supported the concept of what had been proposed. “The parameters you have with respect to who can be members I believe is reasonable at this point in time.” However, he added that he was deeply disturbed by the speed and manor in which the entire thing had come about so that the Board was prepared to vote on an agreement that evening. “One lifeguard…who is going to rake up all the goose poop in the areas along the beach as well as the picnic and activities areas? Back in April I made the suggestion that we form a committee with the Village so that we could have a report prepared by the of the year….so that we could vote on it and know what was going to happen in 2022 instead of stringing it out as has been done for the last 10 years. As a result, I got an email from you asking if I would be interested in being on the committee and I was. I have intricately involved with the WWBC although not on its Board because I am not a full-time resident of the Park, although I spend all of my summers there, and have owned a house there since the 1980s. I never heard back from you on that! A committee of 2? I believe this is being run by you and I am not sure there isn’t another agenda! Certainly, there needs to be much more done with respect to changing what is now a club that operates with no cost to the Village what-so-ever. A premium of $25 a guest? That’s absolutely incredible!” Carol Anne Nicholson stated that she was opposed to part of the new gate system plan, specifically the idea of allowing residents unlimited registration. “I think you will find households with a very large number of family-owed vehicles.” She went on to express her disappointment with how concerns with the WWBC had been handled. “Since the Mayor and the Board of Trustees like to tally ‘Yays & Nays’, please put me down in the ‘Nay’ column for both the gate and the NYS Pool proposal.” Elizabeth Cotnoir noted that she agreed with Mrs. Nicholson on both points. She wanted to know what the benefit to residents would be from making the changes at the WWBC. She echoed concerns over the decline in services, further commenting “the pool management proposal itself says ‘please note lifeguard will not be permitted to perform any duties that interfere with their ability to supervise patrons in the lake or beach area.’ It was brought up before that the lifeguard, who needs to keep their eyes on the beach and on the water, would also be responsible for people coming and going as well as the various other duties assumed by multiple staff members in the past. With the Front Gate, I have the same feeling. I’m not really sure how it benefits the resident. It’s still one lane. We would still need to wait behind, like we did this afternoon, a visitor while they receive their directions. I know from experience with EZ Pass that people go fast. I’m not really sure what the hurry is. So, I am actually against both the Front Gate EZ pass service and the WWBC for these reasons.” Sally Sonne commented that she agreed with both Mrs. Nicholson and Ms. Cotnoir. She offered her gratitude to all the people who had worked at the WWBC over the past two summers, nothing that they had worked extremely hard and done a great job and her view deserved to be both thanked and congratulated. “There are problems and I think we do some changes,” she stated, but expressed concern with the management group that had been proposed further wondering what advantage they would bring to the table. “They don’t know the players. They don’t know the people. They don’t know us. They don’t know the place and I think this could really result in many problems. We’ll just be forking out a lot of extra money which maybe we could be using to enhance some of the facilities at the club. I’m just against it.” JP Rattazzi expressed concern over the cost and limit that had been proposed for guest passes at the WWBC. “A lot of the people who go to the Wee Wah are people who can’t afford alternate options like putting a pool in their back yard,” he stated. He suggested that in charging $25 per guest, many larger families would be outpriced and that it seemed as though the message that was coming from this price increase was that perhaps these groups should consider swimming elsewhere. He worries that people will be more likely to pursue other dangerous options such as unsupervised lakes in the woods or the cliffs above the Ramapo known as Bubbles, where a girl almost died two years ago. “It just seems like it isn’t in the best interest of families,” he stated. He also wondered about the “ancestor clause” for joining that had been proposed. “It feels like eventually that would be phased out,” he said “so that new-comers who move into the Hamlet will not be able to join the Wee Wah and eventually the Hamlet will be phased out entirely. Raising the prices, hiring only one employee, the speed with which this proposal was circulated…it feels like a squeeze. Not only should there have been more time but we should also understand why this is happening and if Hamlet members are going to be squeezed out, what they will they do.” Jill Swirbul commented that both she and her husband Jason supported all of these comments and were fully against what had been proposed. “If it aint broke, don’t fix it,” she stated.
Consent Agenda:
Trustee Kasker asked that the following items be removed for discussion as part of the regular agenda:
Approve 8 hours of professional services for Cooper Arias LLP to do a pre-budget audit in preparation for the 2022-2023 budget.
Approve 15 additional hours for Desiree Hickey to assist Elizabeth Doherty with the backlog of billing applicants fees for the village engineer and architect
Approve waiving applicants fees for the village engineer and architect for several residents
Approve written survey of past applicants before the BAR, BZA and PB to seek constructive comments for improving the application process.
Authorize the Mayor to send all water bills 60-90+ days overdue to a collection agency.
Resolve to place a temporary short-term moratorium on applicant billing for village engineer and architect through the BAR.
The remaining items on the consent agenda were then unanimously approved.
Regular Agenda: Approve 8 hours of professional services for Cooper Arias LLP to do a pre-budget audit in preparation for the 2022-2023 budget – Trustee Kasker inquired to the scope of work and specifically which budget line number it would come from. Mayor McFadden responded that this was a consent agenda item and that these things would be resolved after the meeting. “That level of detail isn’t required for this consent agenda,” he stated. “Would you like to make some comment about what line item you would like to see it in? I mean, we have accounting fees…so it will come out of the accounting fees.”
“Then why can’t we put it in the resolution?” inquired Trustee Kasker.
“Because we are not doing that level of detail in the Consent Agenda,” replied the Mayor.
“Well, I think we should,” stated Trustee Kasker. “I want to know what I am voting for.”
“You are voting for 8 hours of professional services from Cooper Arias,” responded Mayor McFadden.
“And what are they going to be doing? What are they going to look at?” asked Trustee Kasker.
The Mayor responded that the idea was to have them take a look at the budget now so that they could determine whether there was anything that needed to be corrected before the next budget year.
“Because this is a transition year,” added Trustee Shaw, indicating that this was the first budget that Elizabeth Doherty would be working on.
Following this discussion, the Board voted unanimously in favor of approving this. Approve 15 additional hours for Desiree Hickey to assist Elizabeth Doherty with the backlog of billing applicants fees for the village engineer and architect - Trustee Kasker noted that there was 15 hours of backlog, but also included in the consent agenda was a request to do a moratorium on billing. “We have months of backlog that we are still working on,” responded Mayor McFadden, “and moving forward we are going to stop it, so she wouldn’t be doing any billing during the moratorium.”
“She’s doing backlog through which date?” inquired Trustee Kasker.
“I don’t have the exact date,” responded Mayor McFadden.
“It’s our job to know what we are voting on,” stated Trustee Kasker.
“I am here every day,” stated the Mayor, “talking with people, looking at these accounts. You’re coming in from the side and saying…”
“I’m a Trustee, I’d like to know. I have some responsibility,” Trustee Kasker asserted.
“Alright look. You are micro-managing the process,” scolded the Mayor. “Denise needs to catch up on billing. Elizabeth is too busy. I don’t know the dates!”
“When does the moratorium start?” inquired Trustee Kasker.
“We just passed it, unless you took that out too,” quipped the Mayor.
“I did…because how long does It last?” inquired Trustee Kasker. “Is it 30 days? 45 days?”
“I don’t know exactly how many days it’s going to be,” snapped Mayor McFadden. “Just don’t vote for it if you have a problem with it. If you have a problem that we can’t knock it down to 5 days or 2, then just don’t vote for it. Come on…we have to move along here.”
“We have to do the Villages work,” asserted Trustee Kasker. “This is not that hard of a discussion. Should we just pick a 30-day moratorium? Then we can look at it again next month.”
“No,” responded the Mayor. “I’m not going to get it done sooner than that and I am not going to lock myself into a date because I have to meet with different people. JoAnne and John will work it out. I’ll let you know if it’s an issue.”
The Board voted unanimously in favor of approving this. Approve waiving applicants fees for the village engineer and architect for several residents -
“How much are we talking about?” inquired Trustee Kasker. “Which residents? Why? We don’t waive fees without being specific. We never do it for water bills, why would be do it for anything else?”
Trustee Shaw suggested they table it.
“No. No. No.” stated Mayor McFadden. “We’re going to waive these fees.” He then asked Building Inspector John Ledwith to address it.
Mr. Ledwith responded that there had been 3 people who received bills for professional services that exceeded what they had put in escrow. Some of these bills called for 5 or 7 hours of engineering review time that they felt might be excessive given the fact that the applicant had submitted plans that had already been signed and stamped by either an architect or an engineer. The Mayor added than another example had been somebody who submitted an application for a pool and a neighbor had written a letter outlining their concerns about potential noise. The applicant responded with a letter stating that they did not feel it would be noisy. Subsequently the engineer charged a fee for reviewing both letters. “It’s inappropriate,” stated the Mayor. “It’s got to be changed. It’s the reason that people are very upset with our process. We’re going to correct it. We’re going to meet with the engineers and the architects and we’re going to go over it and that’s all the detail I have for you right now.”
“I appreciate that,” responded Trustee Kasker. “I think it’s appropriate for me to have that level of detail.”
“And I would have told you if you had called me last week, or yesterday or today,” replied the Mayor.
Trustee Kasker requested that the language in the resolution be changed to indicate that it applied specifically to three residents. The Board then voted unanimously in favor of approving this. Approve written survey of past applicants before the BAR, BZA and PB to seek constructive comments for improving the application process – Trustee Kasker inquired as to who would be working on this and whether or not the Board would be able to see it before it went out.
The answer was that the Mayor would work in conjunction with Joanne Hanson, the BAR and John Ledwith would be writing the survey and then it would be sent out. “I see no reason to bring it to the Trustees for a vote.,” stated Mayor McFadden.
“Is it going to cost any money?” wondered Trustee Kasker.
The answer was no.
After changing the language in the resolution to identify who would be drafting the survey, the Board voted unanimously in favor of it. Resolve to place a temporary short-term moratorium on applicant billing for village engineer and architect through the BAR – Trustee Kasker asked for a deadline on this.
“I’m not putting a deadline on it,” replied Mayor McFadden.
This was approved by a 3-1 vote with Trustee Kasker voting against. Resolve to place a temporary short-term moratorium on applicant billing for village engineer and architect through the BAR – Trustee Kasker indicated that as per a conversation he had with the Village attorney prior to the meeting, this would need to be tabled until they could have an attorney/client session to discuss.
“So you’re not ready to send people to collection?” inquired the Mayor.
“No,” responded Trustee Kasker, “we need to have a discussion with the attorney before we do that.”
This item was tabled. Resolve to accept the recommendations of the Wee Wah Park Committee to hire NYS Pool Management to manage the 2022 summer swimming season for the Village and Hamlet Members – “I have heard everyone’s comments and I have taken them seriously,” indicated Mayor McFadden. “We are only dealing tonight with hiring the firm. We are not talking about rates, complete personnel, cost of guest fees, all those kinds of things. In the letter that I sent to the WWBC we asked for a transition. We assume that you are going to help us make that transition. You brought up a bunch of very good points tonight that have opened my eyes in terms of what we would want to go back to the company for. Several contradictions that you brought up I think were valid…we should definitely speak with NYS Pools about these things. There’s plenty of openings in the future to set rates. One comment that I do want to address directly is the increase in the cost of membership. As Bonny mentioned, minimum wage has gone up and we also know that eggs and milk and gas and everything else has gone up. There hasn’t been an increase in your membership fees for years. It does make sense to ask for an increase.”
“I would like an opportunity to respond since you are talking about voting on this tonight,” stated Jennifer Darling, “and from my prospective I can tell you that we have had an increase. For us it’s a substantial increase. Because of Covid we had to hire a Covid monitor. We went from 2 people full-time to 3 people full-time.”
“We’re actually not going to vote on any of this tonight,” responded the Mayor. “We are only voting on the award of the contract.”
“You’re talking about awarding the contract,” responded Mrs. Darling, “but you didn’t have it available to share with us…so I am asking if all the Trustees have even read the contract.”
“Yes of course,” replied Mayor McFadden.
“Then why was it not made available to us until 5:45pm yesterday?” she inquired.
“One of the reasons that the committee has recommended this vendor,” stated the Mayor, “is because of their willingness to be flexible…their responsiveness. They are located in Suffern or Mahwah. They have excellent references. I don’t think this is the time to micromanage their agreement. I think it’s a great time to work with the WWBC and say ‘what have you learned that you can share with us to help improve this agreement?’ “
“We would have welcomed that opportunity,” suggested Mrs. Darling. “You put two people on that committee. Neither of which are Beach Club members. Those people never reached out to us despite our standing up at prior meetings and asking for that. The time for us to make recommendations about the number of lifeguards”
“We hope to have those conversations with you and the company,” interrupted Mayor McFadden.
“But you are awarding a contract to somebody…”
“Yes…who has told us they are very flexible, that they will talk about other personnel.”
“I don’t think you should be awarding a contract right now,” she cautioned.
“Well, I appreciate your concern,” the Mayor interrupted again. “I feel strongly that it is a very good company and they will work with us and all of these items will be straightened out. One thing you seem to be doing is talking down the membership. It’s almost as though you are telling people not to join this club because it is going to be expensive and will have less services.”
“I am not saying that at all,” protested Mrs. Darling.
“Well let’s all work together to get it to a point where everyone is happy with the service,” suggested Mayor McFadden. “Who can argue with hiring a third party company to take on all the hassle and burden and renegotiating? We can all just go and enjoy it. It’s going to be a real success and there’s going to be a lot of new members joining and we will work it out with your help…if you would like to give it to us, we would appreciate it. We’ll take all of your critique and comments and suggestions. The problems you have with the agreement…we’ll rework the agreement. This individual is $31,000 compared to $35,000…lowest and most reliable. I am confident after talking to this and listening to the comments that the committee made…and what’s wrong with a two person committee by the way? All of our committees are two people.”
“You didn’t have anybody who had experience with the WWBC on the committee,” interjected Trustee Kasker. “It’s ridiculous! And you had volunteers that wanted to help and you didn’t bring any of them on.”
“That’s only part of the story,” argued the Mayor, “because the committee is not done. As I said in the letter, they completed the first phase, which is recommending. The next phase is working together for a transition. That’s the next phase. That’s when I would bring on other people. You are micromanaging the committees process.”
“This is taxpayer money at the end of the day,” suggested Mrs. Darling.
“No,” responded the Mayor, “It’s not because this is going to all be raised.”
“How are you going to raise it?” asked Mrs. Darling.
“By membership…hoe do you raise it?” retorted the Mayor.
“We don’t provide services until after we get the money,” suggested Mrs. Darling.
“Yeah well…we’re going to start selling tickets immediately,” stated the Mayor. “Did you read my letter?”
“Yes I did,” replied Mrs. Darling, “but you don’t want to talk about rates tonight and yet you are going to start selling tickets immediately.”
“Listen,” retorted Mayor McFadden, “You’ve made your point. I counted 24 or 25 people that are against it and there are 600 people in the Village. You have 1 Trustee and 20 people who are against it. I have to take that into consideration. There are a lot of people who are really looking forward to it.”
“Where were they tonight?” wondered Mrs. Darling.
“They aren’t going to come and complain,” responded the Mayor. “There were articles on TPFYI telling people to come and complain. Everyone who wanted to complain, did it.”
“I don’t agree with that,” asserted Mrs. Darling.
“I don’t know what to tell you,” responded the Mayor, “but we are ready to vote. We have looked at all the memos and we are comfortable with the recommendation of this company. If you want to pull back and not work with us down the road, that’s your decision. I think that that’s not appropriate, but it’s up to you. We would like your expertise. We would like to transition over. That’s it. I am not going to take any more questions on this.”
Trustee Kasker commented that he had no idea what problem they were solving in hiring this company. “We have the Wee Wah Beach Club that has been doing this for decades. I have no idea why we are paying somebody to do something when we have volunteers who do it for free without any complaints. I don’t know what the extra administrative burdens are going to be. Are we expecting Elizabeth to now collect money for the membership fees? I don’t know. I do want to commend the WWBC Executive Committee for reacting on a Friday 5pm email, which is what politicians do in Washington DC when they have bad news. They dump things at 5pm on Friday. I could not believe that this happened and I want to commend you for jumping through hoops and getting together and writing a very thorough response in just 5 days. I can’t believe that Trustees can vote on something like this that’s going to change decades of tradition with 5 days of notice. I think it’s a farce that this committee had no members from the WWBC. I think that the Board has not decided on a full, comprehensive plan as to what the Wee Wah Park is going to look like and it shouldn’t vote on a contract with an outside entity until the Board either agrees or votes to have a way forward. Last season the WWBC paid the Village $4,000 and we are now expected to pay $30,000 plus additional hidden costs that have been pointed out tonight and I don’t understand why we can’t just keep it a simple transaction of the WWBC volunteers do their thing and we get a check. I recommend that the Park Committee be given a charter, approved by the Board and include at least 7 members, at least 3 of which are members of the WWBC , and all residents of Tuxedo Park. And I have HUGE concerns about the indemnification and lack thereof. I can’t believe anybody in any business would sign a contract with the indemnification clause that is in the NYS Pools contract. I also want to thank Ava Rattazzi for speaker tonight.”
The Board then voted 3-1 I favor of accepting the recommendations of the committee and moving forward with the contract with Trustee Kasker voting against.
“Unbelievable!” stated Trustee Kasker.
“Trustee Brooke is not here,” noted Trustee Shaw.
“He supports it,” stated the Mayor. Resolve to accept vehicle charge plan presented to pay for the new gate opening system dated November 12, 2021 – Commenting that he believed there were a lot of people in the Village who did not have a full understanding of the advantages and disadvantages of the system, the Mayor called on Police Chief Dave Conklin to make a brief presentation about it.
Chief Conklin explained that the goal of the system was to enhance security and despite some of the rumors that had been going around, it was not an Easy Pass system. Rather, it is a camera that reads license plates. The license plates are submitted into a database and when a car pulls up to the gate, it there is a plate match within the system, the gate will open. There will be parameters surrounding the dates and times and who is allowed access through which gate. It is a robust system that will allow the PD a lot of control. “It’s definitely going to enhance security because people are going to be pre-vetted. When somebody comes to the gate and it opens automatically, we know that we vetted that person. Right now, if somebody pulls up to the gate and says they are going to the Tuxedo Club, we open the gate and they go through. They are not vetted. All non-residents will have to produce a Driver’s License in order to be put into this system. We will know who these people are.”
The Mayor commented that he had heard some people express disappointment because they like being able to pull up to the booth and talk to the officer on duty.
The Chief noted that this would still be possible with the new system. “Just because the gate opens doesn’t mean you have to drive right through,” he commented.
Contractors can be added to the system with parameters for up to three weeks and this period can be extended if necessary. Employees of the Club or the School who no longer work for those institutions can be deactivated in the system. Currently, many ex-employees refuse to return their stickers and there is not much that the Village can do about it.
Questions were asked surrounding what would happen for individuals who are not in the system.
The Chief responded that these individuals would be vetted. The process for this was discussed and questions were raised over whether or not the officer on duty would have to leave the booth to fully vet unregistered vehicles. The Chief asserted that there were two officers on duty at all times and between the two of them, they would be able to manage the process. Audrey Perry commented that currently when she was expecting a guest she would call the gate and inform them who was coming and then when that person arrived, they would be admitted. She wondered if the process would be the same with the new system.
Chief Conklin responded that it would.
“Or, if you wanted to,” suggested Mayor McFadden, “you could put in their license plate and they could drive right though.”
Chief Conklin was asked whether the system would be connected to law enforcement databases that would flag vehicles for suspended registration or having been reported as stollen, etc.
The Chief replied that currently there were plate readers at both gates that were connected to a law enforcement database and that the department already received these types of alerts. The new system is just a camera and a database and is not connected to any other criminal justice systems.
The Chief has put together an FAQ which will be posted to the Village website.
Additionally, there is a list of about 30 contractors who access the Park every single day. These people will be put into system.
Residents who have weekly domestic service people coming in will also be able to register these guests with specific parameters.
The Mayor commented that there were residents who did not want to get rid of their tags for nostalgic purposes. He suggested that they could still produce and either give or sell these tags to residents, however they would not trigger gate access.
Chief Conklin encouraged any residents who had additional questions or concerns to reach out to him directly.
With regard to fees, the Mayor noted that as the cost of the system was not in the budget, he has proposed a one-time fee for residents, which would cover the cost of installation and equipment. This will be roughly $30 per household, which will allow an unlimited number of registered vehicles. Patrons of the School, Club and Church currently pay $90 per car for their sticker and plate. Because of this high cost, many of these people do not opt to purchase the sticker. Mayor McFadden is proposing a reduced fee of $29.95 per year for unlimited vehicles and is confident that there will be a higher buy-in at the new rate. Employees of these entities will pay $14.95 per vehicle. Another option is for the entities to pay a lump sum fee to the Village and then provide them with a spread sheet of the plate numbers. Seasonal people (WWBC, Fishing Club) will pay a fee of $9.95 per family/membership for unlimited vehicles.
To those residents who have indicated that they do not want to pay $30 to enter the Village when they can enter for free now, the Mayor stated “We are not coming in for free. We have police salaries, road maintenance and wear & tear, repair on the existing gates. A large part of what we pay in property tax…every time you drive through that gate, you’re paying. So, this is a one-time fee per family/property owner/renter.” Other methods of paying for the installation were briefly discussed. “I’ve got to be honest with you,” stated the Mayor, “only 3 people have complained to me about having to pay the $30, so I don’t see any reason to start pulling things out of the budget.”
Trustee Kasker commented that there were currently 11 budget lines that exceed their appropriations, totaling roughly $400,000. “That’s $400,000 that wasn’t budgeted for that was spent and we are only 6 months into the fiscal year,” he stated. “My question is, what makes this $20,000 for the license plate reader so special that we have to charge residents a fee? What’s more important…getting people registered or getting a fee from them? I think the Chief would agree that the more people who are registered, the safer we are and the more effective the system is. Right now ,there is a $30 obstacle that is going to piss people off…and I have talked to more than 3. If I am one…I have talked to more than 2…and people have commented tonight as well. In the end this is a benefit to the Police Officers more than it is to the residents. It clears up their in-booth requirements. Now there is one less thing for them to do because of this system. I don’t think we should have to pay for that additionally. We don’t need to fund it now to get it going. We can get it going without charging anybody anything and we would be safer for it.”
“We have to pay for it,” countered the Mayor.
“Let’s look at the budget and see if there is money in there,” responded Trustee Kasker. “Why don’t we cut in half the number of fire hydrants we are planning to replace and not charge the residents and automatically enroll them?”
Trustee Shaw agreed that the money could come out of the fire hydrants.
Following some further discussion, it was agreed that they could pull the expense out of the budget thus eliminating the need for residents to pay for the system.
The Board then voted unanimously in favor of accepting the revised plan.
Following approval of budget transfers, the Board entered into an executive session to discuss employment matters of a particular person, the PBA collective bargaining agreement and a legal matter.
Village Board of Trustees Meeting October 25, 2021
The Village Board of Trustees met on Monday, October 25, 2021. All members were present.
The meeting began with three public hearings.
Public Hearing on Local Law No. 2 of 2021 – A Local Law to opt-out of allowing cannabis dispensaries and on-site cannabis establishments within the Village of Tuxedo Park:
There were no comments from the public and the hearing was closed.
Public Hearing on Local Law No. 3 of 2021 – A Local Law to review site plans in the Village of Tuxedo Park:
Planning Board Chair JoAnn Hanson commented that while she felt that there were elements of the current Planning and BAR process that could use modification, the proposed law is too broad and lacks a mechanism for the Planning Board to refer matters to the BAR when and if they think it is appropriate. While it makes sense in her view for commercial, educational institution and new home applications to go before the Planning Board as part of their process, the way the proposed law is drafted all applications with a site plan would be required to go before the Planning Board and she this could be quite cumbersome for those who are just looking to do a renovation. If the Village is concerned about larger renovations, they could consider adding a regulation pertaining to the expansion of foundations, but even this might not be worth it in terms of the impact to applicants as the renovate. Noting that her thoughts and opinions were entirely own and not representative of the Planning Board, Ms. Hanson further commented that it was were understanding that New York State law would require any proposed zooming changes to be reviewed by that board before going into effect. She suggested that another iteration of what has been proposed would be valuable.
Jake Matthews commented that recently plans involving the movement of driveways/parking pads had come before the BAR. He suggested that perhaps this was something that should fall under site plan review.
In an effort to provide some quick background as to the genesis of the proposed law, Mayor McFadden commented that the Club had recently filed an application involving cut & fill and storm drainage among other things. In his view, this should have gone before the Planning Board but the way the code is currently written if there is an existing structure on the property that already has a Certificate of Occupancy, the application must go to the BAR. The Village has been gathering information and feedback from each of the Boards as to what has been proposed and the Mayor feels it is likely that the hearing will remain open to allow more time for comments and possible redrafting.
Trustee Brooke commented that what was being proposed should not be entirely relegated to the situation at the Club, which was only one example of a relevant issue. It is his hope that during the review period, the Village is able to come up with the framework where all of the pieces can be netted together to provide a more resident-friendly process for everyone involved. “We need to have a situation here where Residents can embark on improvements to property where the Boards are not overwhelmed and discretion is afforded to the Building Inspector in many of the issues that should not have to go before a Board. I don’t understand with the amount of development in this community why the BAR has to meet twice a month. There’s just not that much going on and there are things that they are considering that they probably should not be considering, such as minor issues. I would trust that when we look at this law, we look at it in the context of the broader issues which have to do with reallocating powers and delegating more power to the Building Inspector.”
Mayor McFadden agreed with Trustee Brooke, suggesting that they also include a comprehensive review of the Design Guidelines, which are over 15 years old. Materials in particular have come a long way and there are good synthetic materials that simply did not exist when the Guidelines were written.
Trustee Brooke suggested that they should consider empowering the BAR and the Building Inspector to have discretion over materials and other similar issues. What he would like to see is a law that is written to provide more power to the people who are running the Village so that Public Hearings and redrafting are not required each time a small change is desired.
The Mayor noted that the Planning Board had been split into two Boards in 2006, which is when the BAR was created. The Design Guidelines were subsequently written in 2008 and since that time there have been no changes. It is time for updates in his view.
BAR Chair Sheila Tralins commented that she agreed with JoAnn Hanson, further noting that she was glad the Trustees were planning to allot more time to consider and make the proposed changes. The BAR is not philosophically opposed to sharing some of the authority for some of the actions that come before it and they do appreciate that at certain times site decisions intersect technical and aesthetic. The last thing everyone wants is to complicate the process and require the applicants to attend more meetings while the applications bounce around between boards. She feels that they need to be very specific with regard to those things that they assign the Building Inspector to take jurisdiction over but generally speaking, she agrees that the Guidelines could allow for changes in materials as well as certain other small projects to be done without requiring BAR approval.
Trustee Kasker thanked both Board Chairs for their comments, which he noted were insightful and helpful. Regardless of whether or not the law requires it, he would like for the Planning Board to formally consider what is being proposed and provide collective feedback.
Planning Board Chair JoAnn Hanson suggested that in order for that Board to provide productive feedback, they would need to see the next iteration of what is being proposed, after which they would be happy to give a formal, collective comment.
Trustee Kasker noted that Board members do receive a lot of comments about the cumbersomeness of the process and that he hoped that in continuing the hearing more residents would come forward with their thoughts and opinions on creating a more streamlined process that would allow more homes to be built more quickly.
Following some further discussion, the public hearing was continued until November 17.
Public Hearing on Local Law No. 4 of 2021 – A Local Law to revise dock and boat sizes on Wee Wah Lake in the Village of Tuxedo Park: Mayor McFadden announced that the draft law had not been completed and therefore, they were not prepared to move forward with the hearing. The Hearing was subsequently opened and extended to November 17.
The regular monthly meeting was called to order at 7:15pm.
Mayor’s Comments:
Mayor McFadden noted that it was nice to be back from his vacation out West. Reports:
Click here to view the DPW Report
Click here to view the Construction Report
Click here to view the Police Report Lakes Committee – Committee Chair Jim Hays reported that the summer season had ended and with it the CSLAP sampling program. The CSLAP program was run by a number of volunteers from both the Village and the Town. The majority of the Village volunteers are elderly (one in their early 80s and one in their late 80s) and therefore it is time to bring on some younger Village residents. Mr. Hays is hopeful that these volunteers will come forward. Anyone interested should contact Sue Heywood at 845-351-3473. Over the winter months, Mr. Hays will be analyzing the data and putting together a short report about what it indicates about of the health of the Village Lakes and whether or not the program should be continued in the future. Last winter Mr. Hays prepared the beginning of a Watershed Management Plan for the Village which made a number of corrective recommendations. One important recommendation was an analysis of the storm water management system. This is important because if it can be determined where the water is coming from it can perhaps be determined where the pollutants are coming from and this can perhaps be mitigated in some way. To his knowledge no funds were committed to this effort in the current budget, but if funds could be made available this fail, it is a good time to begin this work. If not, hopefully funds for this work can be included in next years’ budget. Climate Smart Community Task Force – Reporting on behalf of this group, Mr. Hays thanked DPW Superintendent Voss and John Ledwith for their help in gathering data as well as other information to be used to calculate greenhouse gas emissions by Village Government operations for the year 2018, which has been chosen as the baseline year. Down the line there will be subsequent inventories as well as recommendations to the Board as to how these emissions can be reduced. Most of the time reductions in emissions equate reductions in spending. While there may be some upfront costs for this work, ultimately there will be savings and the committee will be able to judge whether the savings justify the costs of the recommendations. The Task force could use more volunteers.
On another note entirely, Mr. Hays noted expressed concern over dead trees throughout the Village which are overhanging Village wires. He noted that O & R had done quite a bit of branch trimming as part of their on-going project, but they had not removed any dead trees that overhang the wires. He wondered if perhaps they could be convinced to do some of this work.
DPW Superintendent Jeff Voss noted that many of these trees had been identified and were scheduled to be removed.
Trustee Brooke added that O & R had policies in place that prevented them from removing certain tress depending on their size and the direction that they lean.
With regard to his committee reports, the Mayor assured Mr. Hays that he would put out a Village-wide bulletin seeking volunteers. Communications Committee – On behalf of Committee Chair Paola Tocci, Mayor McFadden read the following into the record: On October 1, Sheila Kobrick, Member of the Communications Committee, met with Grant Preston of Crown Castle. Grant Preston showed images of potential fiber build coming from the North end of Tuxedo into the Village. This potential fiber build would extend to the Club and to the Tuxedo Park School. Crown castle will look into providing redundancy on this network which would prevent an interruption of services as a result of an "Act of God" which would bring down power lines. This redundancy would cost more and Crown Castle will provide more details regarding this option. Crown Castle mentioned that they can also assist with a separate project by working on the DAS(Distributed Antenna System) which would improve cellular service in our area. They will contact their Carrier Group to see if providers are interested in providing cellular service to our area. This system would consist of placing small antennae throughout the area rather than a large cell tower. Some examples of where these antennae would be placed are on the club roof, water tower, etc...to provide improved cell phone coverage for cellular calls in emergencies. Crown Castle believes that having the fiber built into the Village "will be a huge benefit for having cellular carriers interested in providing services in our area". Another meeting with Cron Castle is being planned for early November. Police Reform Committee – The police reform committee met on September 15, 2021. All of the goals laid out in the police reform plan have been met. Community service initiatives such as the prescription drug disposal, Hope not Handcuffs, Project Child Safe, the addition of Officer complaint and compliment forms to the website and vacant house-checks were also added. The group also discussed the idea of organizing community/police interaction during events such as Coffee with The Chief and Child Bike Safety. Suggestions are welcome. The new security booth provides an automatic gate opener and this was also discussed by the committee. The next quarterly meeting will take place in December or January. Welcome Committee – The Welcome Committee has communicated with all of the active real estate agencies in Tuxedo Park for input on the Welcome Packet. They continue to develop content for the packet and have been working in conjunction with the Village Clerk (who is also on the committee) to obtain the necessary materials. Wee Wah Park Committee – The committee is collecting three bids from professional aquatic management companies for co-management consideration. All three offer lifeguard services, safety zones, rescue audits, scheduling, programing and event registration, cleaning checks, maintenance & repair status. They had intended to seek a co-management proposal from the Wee Wah Beach Club, but were surprised to learn that they had submitted a lease proposal for the 2022 season indicating that they are not interested in a co-management proposal. The committee is also in the process of looking at new designs for the park. They have two, highly qualified, landscape design architect firms that are very excited to have the opportunity to be involved with such a beautiful project. They expect to receive preliminary design concept drawings within a few months. With Board approval it is their intent to choose a winner for the park design and request taxpayer funding for a detailed design and renderings. In addition, they plan to begin fundraising efforts soon and will keep both the Board and the community appraised of their progress. Automatic Gate System – Distribution and Payment Plan / Alternate Automatic Gate Opening System Distribution and Payment Plan - Trustee Kasker reported having met with Chief Conklin to address some immediate concerns he had with the original plan for the new license plate reader/automatic gate system. If all goes according to the updated plan, non-residents who are employees of Village organizations (TPS, The Club, the Beach Club) and or customers/members of those organizations would pay a $60 fee per year to enter the Village. The technology will allow the Village to limit access during certain parts of the year, and therefore, the billing can take place on a quarterly basis at a rate of $15 per quarter. So, for example, a parent of a student at TPS, who would only be accessing the Village from September until June, would only have to pay $45 as opposed to $60, while members of the Beach Club would only have to pay $15 for access during the summer months. Contractors and residents would not have to pay. Trustee Kasker estimates that this could produce an annual revenue of close to $30,000. A camera will be mounted on a pole to be installed on the median at the Front Gate. The current access stickers will be phased out over time.
Trustee Kasker wondered what would happen if the camera were to go down. Without the use of stickers, how would the Police effective regulate access?
Mayor McFadden responded that the system had manual over-ride and that if the camera were to be out of service for whatever reason, the Police would have to do the best they could to restrict access to the appropriate people.
Trustee Kasker commented that there are a lot of things that he likes about the system. In particular, the Village will be able to collect and amass solid data reflecting how many vehicles are accessing the various locations and when and how many vehicles are entering the Village via the Main Gate vs. the South Gate. This is valuable information for the Village to have. That being said, he wondered what the benefit of the system would be to the residents. “Right now when I pull up to the Gate, it opens and I go home… and with this system, when I pull up to the Gate it’s going to open and I am going to go home. So what is the benefit for the taxpayers, and in the Mayor’s plan for residents to have to pay a fee to come home,” he wondered.
“We want to increase and improve security in the Village,” replied Mayor McFadden. “Right now, the standard operating procedure is that one states a name and address that they are visiting and the Gate opens. This new system requires a license plate, so we expect a large increase in security of non-residents coming through and a less stressful situation on the Police Officers. In terms of the residents, it’s very obvious what the benefits are. If your license plate is in the system, you go right through. You don’t wait. It would be great if we had a separate lane. We don’t, but that’s the benefit. You mentioned the taxpayers. From the very beginning the system is intended not only to pay for itself, but to build a reserve for a special Safety & Security fund for the Police to administer at the Gates. In addition to that, every single vehicle that comes through will have to have a license plate registration.” He went on to explain that there would be an accompanying Ap and that registered users would be able to enter license plate numbers for temporary access or domestic help. “There’s a lot of flexibility that has been all clearly laid out in the Chiefs memo to the Board,” he noted.
The TekWave system was unanimously approved by the Board at their last meeting. “That was also going to be paid for by fees,” stated the Mayor. But when signing the TekWave agreements he discovered that the kiosk that was to be installed at the South Gate was going to cost an additional $8,000 and this, in addition to the high vendor installation price, motivated him and the Chief to explore other options. As a result, the Board has been presented with an alternative system, which is essentially just a license plate reader. This new system is both more cost effective and more efficient and therefore the Mayor is suggesting they switch.
Trustee Brooke wondered where and how the data that was collected would be used. He stated that he had read an article about a community where a system like this was employed and the data was subsequently run against crime databases and this created discord within the community. His original support for the system came from the fact that he is all in favor of using technology to dimmish manpower and strain on the Police Department. He wondered whether the data collected would be solely for use within the Village or if there would be a connection to a larger database.
Chief Conklin responded that in 2016 the Village had purchased two license plate readers with one installed at each gate. These are connected to a larger law enforcement database. When a car comes through the gate, if it suspended by DMV or if somebody connected with that plate is wanted for a crime that alerts the officers and they take police action. This system has been in effect since 2016 and will remain in effect. The only database associated with the new system will be an internal server that reads license plates and checks the system to ensure that the plate numbers are approved for access. The information is not shared with any other databases.
Trustee Brooke responded by suggesting that perhaps the associated expenses should be picked up by the tax rolls rather than the residents as the Mayor has proposed. Residents already pay a substantial amount in taxes. He likened it the Wee Wah Beach Club, referencing a plan (which has not yet been publicly discussed) to provide the Beach Club with $25,000 of taxpayer money to be used for property enhancement and in exchange, all Village residents would be granted access to use the property.
Trustee Scherer commented that he felt the proposed system made sense from a security prospective. “Right now, we really have no idea who is coming into the Park, other than people who have tags,” he noted, further suggesting that having all of the data on who was entering where and when would hopefully help the Village to make smarter decisions moving forward. To the extent that it can create better efficiency, the system should ultimately pay for itself over time. While he is open to having a discussion about it, he wondered if there was actually a need to charge the Taxpayers.
Mayor McFadden responded that the use of the system would increase security for residents because it would allow them to focus on non-residents. Additionally, residents will be able to enter the plate numbers of their guests into the system via an Ap, allowing them access without having to stop at the Gate. Further, the Ap can be set up to alert them when their guest has passed through the Gate. “For these conveniences there is a cost to implement the system. There is a man hour cost. There is a labor cost. There is an annual fee of $6000 to run the database and so forth. In talking to people, I have talked to they are more than happy to pay a $15-$20 fee for the 3rd and 4th and 5th car as a processing fee. It’s a one time fee. So for example, my family would pay for 2 cars….$29.99 per car…one time…for processing to offset the labor cost and the expense of the system. After that, the third car would be $15.95 and it goes on. Relatives can now get a tag…it’s a one-time fee. Everyone except contractors and domestics. None of those people pay. I am more than happy to put this out to the public and ask them if they are willing to pay a one-time processing fee and we can use that as feedback. If they are not willing, we will adjust. I think the point is that all of us can sit here and speculate. Anecdotally, people have told me it is no problem…then again it might be. What I would like to do tonight is just approve Safe Passage and move forward and then in terms of admin, we can kick it around. I had hoped to have proposals in place in time for this meeting but it did not happen. That is why we are sitting around now at the last minute debating this.”
Trustee Shaw commented that what she liked about the Safe Passage proposal is that they would charge by household and not by the number of cars. She doesn’t feel that those residents who happen to have a lot of cars should be penalized and that if they proceed with charging the residents, it should be by household and that non-residents should be charged by number of vehicles.
The Mayor responded that this was an interesting idea. He suggested they do a resident survey. He believes that it is only fair and equitable that those residents who have more cars would pay more of the processing fee, but there is plenty of time for them to go out to the Public.
Trustee Brooke suggested that they should support the system and then tinker with the plan until they found something that would be agreeable for everyone. Perhaps each family would be granted two cars for free and pay a fee for additional vehicles.
Noting that the plan called for all vehicles entering the Village to be added to the database, Trustee Kasker wondered how this would be enforced. Would operators of vehicles not in the system be forced to fill out a form upon entry?
Chief Conklin responded that vehicles not in the system will be directed to park in the lot by the Keep and that the officer would come out of the booth with a tablet and vet the vehicle in order to provide a temporary pass. “Meanwhile if residents come up, the gate is going to open and close for efficiency.”
Trustee Kasker wondered whether the Chief was in support of the residents having the power to enter guests on an Ap.
The Chief responded that if this were to become an issue, they could easily disable the service.
Trustee Brooke commented that if he were to have a bunch of people coming over for dinner, he would not want to have to collect their license plate numbers beforehand in order to allow them access. He would prefer to let the gate know that he had multiple people coming.
Trustee Kasker noted that he was aware of an HOA that had to disengage this same service because it was being abused by their residents. “I’ve seen this happen before,” he stated. “The line of people that are going to have be in process that aren’t registered is going to be an enormous burden on the Police unless this is thought all the way through. I am not 100% convinced that this is right and I am adamant that unless we have an agreement that residents aren’t going to pay that I am not in favor of this system. I don’t want to kick this can down the road and say we will talk about it later. I may be the only no vote, but I am a no vote now until I know that residents don’t have to pay a fee. The question is…I show up to come home and I don’t feel like paying a fee…what are you going to do? Are you going to not let me come in the gate?”
“No, you just can’t come in automatically,” replied the Mayor. “If you want to be that guy, be the guy! Whatever…don’t pay. If the Village decides to charge a fee and you don’t want to pay…you can protest it! I don’t know. What do you want me to say?”
“The other thing to think about,” countered Trustee Kasker, “is that all these systems are on HOAs and private businesses. They don’t have schools and country clubs that can generate revenue.”
Mayor McFadden responded that this was not true, indicating that the one of the references they had called had a Club inside of it.
Chief Conklin commented that one of the issues that the Village had struggled with for years was getting tags back after residents either moved out or employees of the Club and the School had moved on from those jobs. “There are so many TP stickers floating around out there. They are like collectors’ items.”
Trustee Kasker pointed out that the stickers had expiration dates.
Chief Conklin replied that resident stickers never expired and the last time they had been updated was 7 years ago. “You have those tags floating around out there. You see them all over the place and it gets confusing after a while.”
Trustee Brooke commented that the suggestion that those individuals who were not in the system would have to park to the side and then have an officer come over and collect information was exactly the sort of thing that would turn him against the system because it was a cumbersome process. He believes that vehicles should pull up to the gate, provide a name and destination, be photographed and allowed to enter. This is essentially the way the current system works and he does not want to institute a system that is going to be more cumbersome that what exists. He believes that they can put in the system as-is and adjust to it, but he wants to be something that is not burdensome to the residents. “If you are taking somebody like a plumber who has got to go sit and wait to put in all their information…. I’m never going to ask guests who are coming to a dinner party for their license plates…ever!!”
“You do not have to do that,” responded the Mayor. “If somebody says that they are going to your house for a dinner party and you decide that you don’t want to be somebody that would register their car, they’ll wait and another person who puts their guests in will drive right through when the gate lifts up.”
“If that’s the way you are seeing it,” stated Trustee Brooke, “I am changing my vote to a no, because that is cumbersome to the police and user-unfriendly to residents. The current system works reasonably well.”
“No, it doesn’t,” stated the Mayor.
“What are our crime statistics here?” asked Trustee Brooke.
“We have people coming through and we don’t know who they are,” the Mayor replied.
“What is our crime statistic?” Trustee Brooke asked again. “What are the numbers?”
“It’s good, but we would like to make it better,” stated Mayor McFadden.
“What are the numbers? Don’t give me ‘it’s good!’ Give me a God-damned number and I’ll know what investment I want to make to protect our safety. My sense is that I want this to be a user friendly community. I don’t want to create hostility towards coming and visiting. I want to create land values that can go up. The idea of having people wait while some policeman, who is letting all these cars I, has to break and go down…that is just not constructive for how a community should work.”
Mayor McFadden reiterated that should the officer need to leave the booth to register a visitor, everyone who was already registered would still be able to pass through.
Trustee Scherer reiterated that he was supportive of technology. That being said, he feels that the issue raised by Trustee Brookes is an interesting one. There are a lot of parties in the Village and sometimes they are large. It is not unheard of for somebody to have 30 or 40 guests and he understands the reluctance to ask people for their license plate numbers. What about individuals who don’t know their license plate numbers because they are traveling by Uber? He wondered if there might be a work-around to the issue. The system that they are putting in place should make people’s lives easier and not more cumbersome. In his view, there has to be a better work around then pulling people off to the side and inputting information via tablet. The risk is that they would have to pull 15 cars over at the same time as they are arriving at the Village for a party. “Again, I’m supportive of the system. I think we are raising valid issues tonight that need to be addressed. I think that Trustee Brooke raised one that is legitimate and frankly somewhat unique to Tuxedo Park. We like to have big parties.”
Trustee Shaw noted that she was receiving comments from residents and that she felt there could certainly be a hybrid where residents would register their vehicles and then if they were going to have a party on a given date, they would simply call the gate and tell them that they were expecting a large number of cars. “As long as they know that there is an event and that people are all traveling to the same location, I don’t see why we couldn’t work it out.”
Trustee Scherer suggested that perhaps they could develop codewords for specific events.
Trustee Shaw added that she felt it was “sort of creepy” for residents to register cars that did not belong to them. “For sure residents should register their cars if they want the automatic gate access and if they don’t want to register, then they will have to stop every time,” she added, reiterating that she felt they could develop some sort of hybrid solution.
Mayor McFadden suggested that there would be residents who were expecting deliveries who would want to be able to enter the appropriate information and then receive a text message when the delivery vehicle passed through the Gate. He feels there is definitely room for some compromise when it comes to registering for a party.
Chief Conklin commented that the whole point of the visitor management system was to allow every day guests automatic access via registration. For a big event, visitors would come to the gate as normal.
Trustee Brooke noted that if it didn’t work, he would be the first one to recommend that they disable the system and go back to what they had in place previously. He is very concerned that the proposed system is going to be both cumbersome and user-unfriendly. Provided that the police work with them to develop a work-around then they can go forward with it.
Chief Conklin noted that the administration of the system had not yet been put in place and that the only thing they were discussing was whether or not the Village wanted to move to this type of a system. “As far as whether we are going to allow residents to enter guests…that is a decision that the Board needs to make,” he stated.
Following some further discussion, it was suggested by Trustee Brooke that the Chief was aware of the concerns and that they should accept what was being proposed and moved on.
Public Comments:
Marc Citrin commented that he was speaking on behalf of the Wee Wag Beach Club, primarily with regard to the report that had been provided earlier and specifically pertaining to the reference therein that the Beach Club had submitted a 2022 lease and therefore the committee did not believe it had been necessary to contact them to discuss the possibility of co-management or some other arrangement for the summer of 2022. “On August 18th I stood before you (Mayor and Trustees) and I asked specifically on the record for the committee to contact me or the President of the Wee Wah Beach Club to begin negotiations with respect to the summer of 2022. August came and went. September came and went and here we are in October. Pursuant to the 2020 lease, the terms required us to submit a proposal for a lease for 2022 by October 31. So, by mid-month, having not heard from the Committee or anybody from the Village to begin the negotiating process, I felt it was necessary to put forward to the Board a proposal with respect to 2022. I am here today to tell the Board that we are still ready, willing and able to engage in substantial negotiations with the Committee or any designee of the Board with respect to a renewal of the license agreement for 2022. I want to make it clear that the fact that they did not reach out to us was not our fault because we were waiting for a call because we had asked for a call…and that call never came. So, I would respectfully request that the Mayor, the Board or a representative of the committee reach out to either myself or the Beach Club President Bonnie Takeuchi or Vice President Jennifer Darling to engage in negotiations.” He further commented that he appreciated the suggestion made earlier by Trustee Brooke with regard to the allowing Village residents full access in exchange for a grant funded by taxpayer money. Noting that he was not committing to this, he suggested that this was the type of discussion they were hoping to engage in. “All we ask is that you sit down with us and we begin a conversation so that hopefully we can reach fair and just resolution and renew this agreement for next summer.”
Jake Matthews thanked the Board for their earlier discussion regarding the automatic gate access. He believes that Trustee Brooke raised some strong points. “Really, what are the crime statistics here? I understand that the police force has a very difficult job in vetting everybody that is coming through the gate and there are thousands of trips a month, but if you look at private communities in the area, every one of these communities that has a gate is jammed up in the mornings because contractors are coming through. If you look at Smoke Rise down in New Jersey or Mansion Ridge up in Monroe…this is a natural scenario when you have a gated community with a rush hour.” He encouraged the Trustees to think the system through very carefully and if approved to take a close look at how they were going to set it up so that it doesn’t become a burden to both the Police Force and the residents alike. “There is one channel through that main gate and it is difficult if you are pulling cars to the side. It’s a small parking area.” Further noting that they had only just reinstated the Booth, Mr. Mathews suggested that to institute another new system right away could be putting a lot on both the residents and the police force. He implored the Board to proceed carefully and with caution.
Claudio Guazzoni commented that he wanted to be fully supportive of the Mayor. He stated that he had been the one to set up the automatic license plate readers back in 2016 and he believes that if the Trustees are not aware of the crime statistics in the Village, they should have a private conversation with the Police Chief and the Mayor. “There are TROs out there. My house has been burglarized. The Mayor’s house has historically been burglarized. We want this to be a safe community. That someone with tags from two or three years ago that don’t expire is allowed back into the Village does not make it safe for anyone. So I just want to express my full support for the Mayor here with the automatic gate opener.”
Consent Agenda:
The Board voted unanimously in favor of approving all the items on the consent agenda as noted on the published meeting agenda with the exception of the contract for the Gate Opener and with the addition of the expenditure of $2,850 for a new transfer switch for the generator at the Village Office. Replace Tekwave with Safe Passage as Auto Gate Opener Vendor:
The Board voted 3-1 in favor of making this change with Trustee Kasker voting against.
Regular Agenda: Resolution to Pass LL-2 of 2021 – Marijuana Opt-Out – The Board voted unanimously in favor of passing LL-2 of 2021 pertaining to marijuana opt-out. Resolution Authorizing W&S to Produce Concept Diagram for DPW & Office Relocation- Mayor McFadden noted that he had circulated a list of proposals that the Village has received from their engineers for relocating the DPW & Village Office to a piece of property owned by the Town. In order for the Village to determine how much land to ask the Town for, they need to have a professionalize analyze the type of layout they will need and how many square feet they will require via a concept diagram. The lowest price they received for this service was $3,900 and that Mayor would like to move forward.
Commenting that he was unsure as to how the Town property was currently zoned, Trustee Kasker inquired about the legal process wondering whether they would purchase the property as-is and then re-zone it. Mayor McFadden responded that the Town would re-zone it. Trustee Kasker wondered whether the property would be annexed and then re-zoned. He further noted that the Town was currently updating their zoning code and that he wanted to make sure that the property could in fact be rezoned before the Village invested money into it. “They are doing a re-zoning,” stated the Mayor, “and they are very much interested in maintaining the baseball field integrity and other areas along that front because they want to zone it for commercial and they see that as a potential way to expand our Hamlet. If it doesn’t encroach on that, we will be able to discuss it. It’s a catch-22. We can’t do that until we know how much land we need. There is a risk. If the engineers come back to us and say that we need to encroach into the baseball diamond, it’s a dead deal.”
Trustee Kasker noted that the bottom line was that if they moved forward with this, the Village Office and DPW would become part of the sewer complex. “The question for the Town is…who is going to build next to a sewer plant anyway, so let’s let the Village do what they want with it,” he stated. The Board then voted unanimously in favor of authorizing the expense. Discuss Retaining W & S to Explore a Grant for a Solar Farm on Village Property for Resale and Credit to the O & R Power Grid – Mayor McFadden commented that he had been thinking about this idea while on his recent vacation and felt that the Village should explore it. Resident and Candidate for re-election to the Town Board Jay Reichgott also brought up the idea of Hydro and related grants. Trustee Kasker recommended that they also bring Jim Hays into the conversation. “We have a lot of Village property that is unbuildable and could be out of the public view,” stated the Mayor. Trustee Brooke commented that they should explore it but one of the issues would be whether or not O & R was committed to changing policy with respect to buying power from people who have done this. Trustees Shaw and Scherer were both supportive of the idea. Wee Wah Park Committee Contact Drawing – The Wee Wah Park Committee has gone out to several landscape architecture firms to receive some concept drawings for the park in terms of its’ potential. The Mayor wrote the RFQ. The companies have been asked to compete and therefore the drawings will be provided at no charge. The firms have visited the site and the committee anticipates receiving the drawings within a month. The next step would be to discuss with the Trustees moving forward with one of them and establishing a strategy for moving forward. Would the Village be willing to pay for this? Would they be looking for donations?
Trustee Kasker asked the Mayor what the proposed foot print for the project is.
Mayor McFadden replied that currently it was the existing property but if the DPW is relocated the potential is there to expand and add a phase 2 “which would make it spectacular,” he commented. All of the Trustees were in favor of moving forward. Discuss Proposed 2022 Revocable License Agreement Presented by Marc D. Citrin on Behalf of the WWBC Executive Committee- Mayor McFadden stated that the WWBC had sent a proposal for the 2022 season. Noting that the Trustees had all heard both the Committees report as well as Mr. Citrins’ response, the Mayor stated that he felt the situation spoke for itself. “Personally, I would have preferred that if the WWBC was interested in negotiating that they had made that identification in the cover letter, which they didn’t, but it’s not big deal,” he commented. His recommendation is that they ask the Committee to interface with the Club to see what they had in mind in terms of negotiations. He feels they should be open and willing to negotiate with them for next season. The Village has a number of options and he feels that they pursue them all and that the WWBC should be part of that pursuit. Trustee Brooke suggested that he could discuss his ideas with Committee Chair Denise Tavani. He suggested that she should look at what the Club has proposed, mark it up and present it to the Board and they could opine from there.
Trustee Kasker stated that he felt it was in the best interest of the Board to not continue this policy discussion through the budget process. “Let’s get our crap together, figure out what the solution for the Wee Wah Beach Club is before January when we are knee deep in budget discussion and tax assessments and we have little time and patience for dealing with the WWBC and so we don’t run into what we did last year…where we are trying to launch the summer season and we are still knit-picking over how the Beach Club is going to be run. 60 days…wrap it up…it shouldn’t be that hard.”
Trustee Brooke agreed, commenting that it was a document that they could build on and that they simply move forward and get it done. “I don’t want to re-build the Wee Wah Beach Club. There are a bunch of people who want it and they are Town people and Village people and that’s great,” he stated. “I would like to improve it by making a grant to them and in exchange for that grant creating a simpler system where everybody in the Village is a member..and I guarantee you that there will be greater usage of the Wee Wah Beach Club by the Village if that occurs.” He stated that he would call Denise Tavani by the end of the week and ask her to interact with Marc Citrtin and they would take it from there.
Other Business:
The Board voted unanimously in favor of accepting a proposal for a 5-year tax exempt lease purchase of one freight liner M2106 and hydraulic spreader for the DPW at a cost of $148,031 and one police interceptor at a cost of $47,895 with 5 annual payments of $43,260.98 will be made and charged to budget code 3120.22 and $10,815.24 charged to 5130.2, which equates a fee of $32,4445.74.
The Board then entered into an executive session to discuss the employment matters of three persons as well as an ongoing legal case.
VIllage Board to Hold Public Hearings on 3 New Local Laws Monday October 25 @ 6:30pm
On Monday October 25 the Village Board of Trustees will hold 3 public hearings related to three proposed pieces of legislation.
The First (Draft Local Law #2 of 2021) is a local law opting the Village out of allowing retail cannabis dispensaries and on-site consumption establishments within the Village.
The second (Draft Local Law #3 of 2021) seeks to amend the Zoning Code so that the Board of Architectural Review will no longer have any authority over the review and approval of project site plans, placing this responsibility solely in the hands of the Village Planning Board. The third (Draft Local Law #4 of 2021) aims to modify the size of boars permissible on Tuxedo Lake while also enacting further provisions governing the erection of docks and size thereof.
Copies of the draft local laws can be viewed here:
Village Board of Trustees Meeting September 21, 2021
The Village Board of Trustees held a special meeting on Tuesday, September 21 at 7pm. All members were present. Trustees Shaw and Scherer participated virtually.
Mayor’s Comments:
Mayor McFadden opened the meeting by apologizing for the events that transpired when the regularly scheduled meeting had been hacked the week prior. He further reported that Chief Conklin had contacted the DA following the incident, but had learned that ultimately the Village was at fault because they had not properly secured the meeting through their zoom settings. Village meetings are public, and thus the access link must be made available and once the hackers were inside the meeting, they were within their First Amendment rights to say whatever they wanted to, no matter how vulgar. After the meeting was cut off, the Board approved the consent agenda as well as two other time-sensitive items prior to adjourning. All other items were tabled and added to the agenda for the Special Meeting.
New Business: Approve the Quote for the Automatic Gate Opening System for the Main and South Gates –
Following some discussion with regard to funding, the Board unanimously approved quotes for an automatic gate opening system at both the Main and South gates as well as new vehicle tags for residents. The costs are as follows: Main Gate System - $8,820, South Gate System - $11,450, Vehicle Tags - $23,000. The system will create the need for new vehicle tags as there will now be active tags and passive tags. The passive tags are akin to what is currently used, while the active tags will be for residents/property owners and will stimulate automatic opening of the gates. The active tags cost $10.50 each. “We believe that re-selling them and marking them up will pay for the system, the tags and potentially a fund dedicated to security at the gates,” stated the Mayor. This is to be determined by a plan that is forthcoming from Trustee Kasker and Chief Conklin, which will be reviewed and adopted by the Board. For the purpose of clarification, Trustee Kasker added “I think tax payers have some obligation to pay for the security. We do that with the Police Force and I want people to buy the tags, but I don’t want the Village to profit from the tags.”
Mayor McFadden countered that even if the Village chose not to charge for the tags, the residents would still be paying in the form of their taxes.
It was agreed that this discussion would be continued once the plan had been presented.
A member of the public inquired as to why the system at the South Gate cost more than the one at the Front Gate. Mayor McFadden responded that the system at the South Gate was operated via a kiosk and that it would contain a number of additional features. For example, when they are expecting guests, residents will be able to log into an APP and enter the appropriate information which will allow their guests South Gate access. Air Scrubber Presentation.- Announcing that he had recently partnered with a company called Polera, VillageAflac representative Joseph Brennan presented the Board with information regarding an air scrubber, which he made operational during the meeting. The machine is capable of sanitizing all hard and soft surfaces in a 2000 square foot space within one half hour. It also reduces SARS Covid-19 within 3 minutes air-born after it has been switched on. It was agreed that the Mayor and one other Trustee would meet further with Mr. Brennan and a representative of Polera to learn more about the equipment. Tree Advisory Board – Representing the Tree Advisory Board, Christopher Gow informed the Board on various types of invasive species, both harmful and benign, including Sumac, tree of heaven, devils walking stick and Japanese knotweed among others. Samples of each were presented as part of the presentation. Public Comment:
There was none.
New Business Continued: Approve the Quote for Upgrading of Security Cameras at Main and South Gates:
The Board voted unanimously in favor of approving quotes for the upgrading of security cameras at both the Main and South Gates as proposed by Chief Conklin. The costs are as follows: Main Gate Camera - $4,300, South Gate Camera - $4,000. Approve New Payroll Vendor Payserve- Following a brief discussion, the Board voted unanimously in favor of approving the new payroll vendor Payserve. The cost of the service is essentially the same as what the Village currently pays, but it is much more efficient. Approve the Village Identity Signage for the Main Gate – The Board voted unanimously in favor of approving new identity signage to be installed at the Front Gate. The sign will look much like what was historically there and will cost $3,245. Clickhere to view the design. Discuss Swimming and Other Matters at Wee Wah Lake Park – Commenting that he would like to have a discussion on swimming at the Wee Wah, Mayor McFadden stated that any swimming there requires a permit from the Department of Health. The current permit held by the Wee Wah Beach Club has expired. Additionally, life guards are required, however the Mayor would like to avoid this and instead institute a swim-at-your-own-risk policy. This would only be possible under certain circumstances and the Village would have to receive a formal exemption from the Health Department. The Mayor has asked the Village Attorney to contact the Health Department and investigate the exemptions. “The pros of not having lifeguards are many, including expenses and opening longer hours,” he stated, further inquiring whether the Board would like him to pursue the exemption strategy.
Trustee Brooke suggested that in the absence of lifeguards, swimming should be prohibited. The park can be used for gathering and BBQ, but swimming is prohibited unless it occurs during Wee Wah Beach Club operational hours.
Mayor McFadden responded that they could do this, however there are residents who are interested in swimming now and so he was inquiring on their behalf. He asked Brian Nugent, Village Attorney, to further outline the issues.
Mr. Nugent explained that if the Board was looking to have swimming “at your own risk” outside of Beach Club hours ,it would likely require a variance from the Department of Health, assuming the Village holds a permit for a bathing beach. If swimming is prohibited aside from when the Beach Club is operational, then nothing needs to be done as there is already signage posted at the property indicating that swimming is prohibited unless there is a lifeguard on duty. He added that he could not guarantee that the Village would be able to acquire a “swim-at-your-own-risk” variance, but all the same the Board first needs to decide what it is they want, and then they can pursue it. If the Village wishes to maintain a beach on the property, they will also require a Department of Health permit and the DOH regulations require lifeguards for swimming.
For clarification purposes Trustee Scherer asked Mr. Nugent to confirm that if the Village posted a sign that said no swimming without lifeguard and then somebody went swimming anyway and got injured, the Village would NOT be liable, however if they did not post such a sign and somebody went swimming and got injured, the liability would fall on the Village.
Mr. Nugent confirmed that if there was no signage it was more than likely that the Village would face the risk of liability.
The Mayor suggested that there was, in his view, precedent for getting a waiver. “You can currently swim in Pond 3 if you are a resident of Pond 3 year-round, without a lifeguard and at your own risk. Also if you own property on the Wee Wah, you can swim in the Wee Wah right now at your own risk. So, what I would hope to ask the Department of Health is, based on that, is there a reason why we need lifeguards for people who would like to swim but do not own property on the Wee Wah.”
Mr. Nugent pointed out that the distinction was the beach. If the Village maintains a bathing beach, which requires a DOH permit, that is where the regulations come in, but if you are just a lake, without a beach, none of these requirements are relevant. The beach is what is regulated by the State.
“Swimming in the Wee Wah at this time is one of the most wonderful things in Tuxedo Park,” stated Sally Sonne. “I have lived here a long time and this is a game-changer! It is fantastic!” She further noted that there was a select group of residents who were swimming now utilizing light-weight buoys to swim into the middle of lake. They like to access the water via the beach because it is convenient and they can park there. If they are unable to continue the practice, she understands that they will have to find access from another spot but she is hopeful that it will become something they can do from the beach at their own risk. “We’re very careful,” she stated. “We are swimmers and I don’t think anyone would swim there who isn’t a swimmer. I think it should be almost required to have one of these flotation buoys. They are really cheap and can be purchased at Amazon. It is a game changer. It is wonderful. The best thing I have done in Tuxedo Park in all the time I have been here.” She added that she hoped the Board would do everything they could to make it possible. “It’s nice to have things in Tuxedo Park that people can enjoy.”
Jay Reichgott commented that swimming along in cold water was definitely a risk in his view. “Wear something bright so we can find you in the spring,” he joked. He continued on to say that it was very unclear at the moment what the rules are at the property. “There is a sign that says no swimming without lifeguard. Very clear. There are people who are swimming. There is a use of the Park by village residents and their guests, which is always allowed except when the Beach Club is operating, but there aren’t any rules about what is and what is not permitted at the Park. For example, are dogs allowed to run free at the Park and who is supposed to clean up after them? Who is picking up all of the cigarette butts…and all of the other things that go along with a public space? We don’t want to wind up in a tragedy of the common situation where everything goes to hell because everyone is sure that “that guy”was supposed to take care of it.
It would be useful, especially while this process is in flux, if we have some guidance form the Trustees and the Mayor as to what is and is not proper there.”
The Mayor responded that the park was currently open from sunrise to sunset. People need to take away their own garbage. The noise ordinances are in effect. There is no leash law, but people are supposed to clean up after their dogs. There is a dispenser at the entrance of the park that provides baggies for picking up dog excrement. The Board can certainly discuss any further rules and regulations and consider a variety of things such as signage and so forth. The DPW has been instructed to clean the bathrooms and the Village is stocking them with toilet paper, hand sanitizer and paper towels. The Bathrooms will remain open until the wintertime, when the DPW will take responsibility for closing them up. “Right now I don’t see any urgent matters that would cause destruction or harm to the park,” he commented adding that he took Mr. Reichgott’s comments to heart and would look into them.
Trustee Brooke suggested that perhaps the best thing to do would be to install a single sign near the entrance letting people know that swimming was only permitted when life guards were on duty and that they needed to pick up after themselves and their dogs. One simple set of rules to be agreed upon by the Trustees, signed off on by the attorney and posted.
Mayor McFadden and Trustee Kasker agreed with this suggestion. With regard to the issue of swimming, Trustee Kasker added that he appreciated both Mrs. Sonne’s and Mr. Reichgott’s comments. Although there are some obvious dangers associated with it, there are other Village residents who own property there who already doing it and there is nothing the Village could or should do about it. “We have to let adults be adults,” he stated, reiterating the importance of clear signage. Approve payment of $711.02 to Resident Ed Cromey as Reimbursement for a Vehicle Accident with a DPW Vehicle – There was a differential between what was paid and what was unpaid following an accident involving a DPW vehicle and the involved resident, Ed Cromey, is asking the Village to make it up. The Mayor suggested that the money would come directly out of the DPW Budget and if the DPW Superintendent wished to then address that with the employee in question, it would be his prerogative to do so. The Board voted unanimously in favor of approving the reimbursement. Accept Resignation of Police Officer Louis Roman – The Board voted unanimously in favor of accepting Officer Roman’s resignation. Approve a Resolution Authorizing Legal Counsel to Execute Extension of December 23, 2015 Agreement Between The Village of Tuxedo Park, Michael Bruno and Alexander Jakowec -
Mr. Nugent has requested that the BOT pass a resolution authorizing him to extend the MOA.
The process has been somewhat dragged out and the Village still needs to schedule a joint hearing with the Town of Tuxedo on the annexation petition for the parcels that were to come into the Village regarding Michael Bruno. Mr. Nugent will work with the Town to try and schedule the hearing at the Town Hall prior to one of their Town Board meetings. He has been in touch with Mr. Bruno’s attorney, who is agreeable to the extension. The annexation ties into the acceptance/issues with the roadway that runs along one of the parcels that Mr. Bruno now owns which is outside the Village but adjoining the Village boundary. Part of the deal was that he would Annex this property (he inherited Tuxedo Farms’ obligation to do so back when they owned it.). Extending the MOA won’t do anything except to allow time for the Village and the Town to schedule the necessary joint hearing which will move the process forward.
Mayor McFadden inquired as to whether the Village had the ability to decide not to sell the paper road at this point, or if it had already been sold. “Can the Trustees intervene without intervening in the Annexation of the property?” he asked. Mr. Nugent responded that he would have to look at the specifics of the agreement but that he believed annexation had to occur before that portion of the road could be transferred. “So, if we were to pass this resolution giving you the option to extend it, would that in any way prejudice a vote by the Trustees not to transfer the paper road?” Mayor McFadden asked. The answer was yes. Mr. Nugent recommended that if there was a question of not moving forward with the transfer, that they consider holding off on the extension until he could further investigate/review the agreement. The Mayor then stated that there were people in the Village who felt that the Village should not be selling the paper road and he did not want to move forward in a way that might prejudice the Village against voting against selling the road. Ultimately, the Board voted in favor of authorizing the Mayor to sign the extension subject to an attorney-client-privilege session and confirmation that the Brook Farm Road parcel does not have to be transferred under the agreement if it is executed.
The Board then entered into an executive session to discuss possible litigation and the employment of a particular person.
Village Board of Trustees Meeting September 15, 2021
The Village Board of Trustees met on Wednesday, September 15 at 7pm. Board member Josh Scherer was absent.
Mayors Comments:
Mayor McFadden reported that functionality at the booth continues to improve. A camera has been positioned on vehicle tags, allowing the officers in the booth to more clearly see them. This will facilitate better efficiency. The Board will also be discussing the possibility of an automatic gate opener, much like an EZ Pass System, to be installed at both the Front and Back gates. The Mayor thanked the Chief and his officers for all of the extra time they have put in on this project, learning the new system and making do with construction while they have been on the job. He also thanked DPW Chief Jeff Voss and his team for the excellent work they have been doing on a series of special projects put in place by the Village and tied to improving the daily quality of life for residents. Some of this work includes the installation of a Garden at the Front Gate utilizing left over granite from the dam project as well as planters in both the front and back of the booth.
Reports:
Click here to view the Police Report
Click here to view the DPW Report
Click here to view the Construction/Building Report
Click here to view the Town Liaison Report
Mayor McFadden commented that should any residents see a gas-powered motor on Tuxedo Lake, they should know that this is the Village Lakes Manager, who has requested permission to use a gas powered motor to conduct his annual survey. This will cut down on the billable time and therefore the Mayor has authorized it.
On Behalf of The Tuxedo Park Garden Club, president Bryna Pomp announced that the annual fall plant-a-thon will take place on Saturday, October 5 beginning at 9:30am. Club members will be In various spots throughout both the Village and the Town including the Front Gate, the Centennial Wall, the Club Triangle, the South Gate, the Post Office, the Library and the Town Hall. They will be planting both perennials and annuals. The Saturday prior to Thanksgiving, the Club will be hanging holiday wreaths in both the Village and the Town as well.
On behalf of the Village Welcoming Committee, Mrs Pomp reported that the group would be meeting in the coming weeks to discuss implementation of the initiatives that the Village has undertaken in this capacity. A section of the new Village website has been dedicated to the committee. With so many new residents in the Village, Mrs. Pomp feels that this could not have been timed better. “Everyone is really appreciative of receiving much of the information that they need to facilitate their lives in the Village from one source,” she stated.
Mayor McFadden added that the group had also discussed the idea of paying new homeowners a visit for the purpose of introducing themselves and answering any questions they might have.
At this point in the meeting, unidentified hackers broke in and began spewing a wide array of profanity while broadcasting pornographic images across the screen. This continued for some minutes before the Village finally disconnected from the meeting entirely.
After disconnection, the Board voted to approve the items listed on the consent agenda. They also addressed two time sensitive items including approval for the writing of a Sewer System Operating and Maintenance Manual by our Village Special Engineer Weston & Sampson as required by the EPA and the awarding a vendor contract to install a new valve in the water system on East Lake Road before deciding to end the meeting. A special meeting will be held on Tuesday, September 21 beginning at 7pm at which time the remainder of the agenda items will be discussed.
Public Hearing for Local Law Introductory #1 of 2021 (pertaining to Resident use of the Wee Was Lake) August 18, 2021
The Board of Trustees held a Public Hearing on Local Law introductory #1 of 2021, A Local law to repeal and replace village law § 65-4, rules and regulations applicable to Wee Wah Lake., on August 18, 2021 at 6:45pm. Trustee Paul Brooke was absent and Trustee Tinka Shaw joined by Zoom.
To listen to a recording of the hearing, click here.
The public hearing was closed, after which the Board voted in favor of adopting the law, a copy of which can be found here.
The Village Board of Trustees met on July 21, 2021. All members were present. Trustee Josh Scherer attended remotely via Zoom from Santa Monica, CA.
Mayor’s Comments:
There were none
Reports and Minutes:
The reports and minutes were unanimously approved by the Board.
Click here to view the Police Report
Click here to view the DPW Report
Click here to view the Construction Report
Click here to view the Water Report
Click here to view the Justice Repot
Click here and here to view the Treasurer’s Reports
Building Inspector John Ledwith gave an update regarding on-going Engineering projects with Westin & Sampson. Click here to view this update.
Mayor McFadden asked DPW Superintendent Jeff Voss to comment on the on-going hydrant flushing project. Superintendent Voss responded that things were progressing well. The department expects to be done in the Village by Monday, July 26 at the latest and then they will begin work in the Town.
Trustee Brooke inquired about a recent water leak that had been discovered behind the Gulf Station. He was informed that a large leak had been discovered at the Service Station line, approximately 450,000 gallons per week. Fortunately, they were able to locate and repair the issue within two days.
Public Comments:
There were none.
Old Business: Discuss Eurasian Watermilfoil Eradication – The Board voted unanimously in favor of authorizing Mayor McFadden to sign an agreement with Solitude Lakes Management allowing the use of the herbicide ProcellaCOR in Tuxedo Lake, Pond #3 and Wee Wah Lake to assist with the eradication of Eurasian Water Milfoil. The schedule will be determined by lakes manager A.J. Reyes of N.E.A.R. in conjunction with Solitude lakes Management and shared in advance with the public. As Mr. Reyes is working with Lakes Committee Chair Jim Hays to develop a 10-year management plan for the Village lakes, and in deference to this, the herbicide use will only be approved for one year in hopes that they can dove-tail into the long-term plan once it has been completed.
Trustee Kasker commented that it was his understanding that there was still a permitting process to undergo. Mayor McFadden concurred, further commenting that Solitude Lakes Management was currently pursuing the Special Permit required from DEC. “If this season when we get the permit is not the appropriate time to do the treatment then we will wait until next spring,” he stated. “The decision will be made when we get the permit.” He further reported that earlier that month, in between meetings, he had approached Trustees Shaw and Kasker for their oral permission to write a down payment check to Solitude Lakes Management so that they could move forward with pursuing the Special Permit as “time was of the essence.” The Board then voted unanimously in favor of retroactively approving that payment. Discuss Village Land Use of SECTION 104, BLOCK 1, LOT 34, and totaling 8.6 Acres (otherwise known as the Wee Wah Beach Club & Village DPW Properties) – The Mayor opened the discussion by stating “The idea is to have the attorney draft a local law allowing the Village residents to use the facility during the summer when the WWBC is under lease to that property. Right now they are mutually exclusive.” He then read the following resolution into the record: Draft Local Law #1 of 2021 – Use of Village Property: Be it resolved that the Board of Trustees is scheduling a public hearing on Wednesday August 18 at 6:45pm for the purpose of hearing comments on Draft Local Law #1 of 2021. Trustee Kasker commented that it was his understanding the New York State Park Law did not allow exclusive use of parkland anyway so this would likely be a good way to get the Village books in line with State Law.
Trustee Brooke inquired as to whether or not anybody living in either the Town or the Village had the ability to join the Wee Wah.
Mayor McFadden responded that Town Membership was limited to those who reside in the Hamlet, but anyone living in the Village could join.
Trustee Brooke next wanted to know whether or not the Village would be making a contribution to help improve the facility in exchange for the open access as proposed.
“This could lead to something like that,” responded the Mayor. “It actually is saying that since the typical hours of the WWBC are 1-8pm, 7 days a week, Memorial Day through Labor Day, between the hours of 8am-1pm no one in the Village is allowed to use the facility. So this law is going to revoke that and allow us to have full access…and it sets the stage for discussions with the WWBC for operating next year. It’s something that we need to do to take this off the books.”
Trustee Brooke wondered whether the allowable hours for the WWBC would change to be in synch with what had been proposed and if they would remain the same.
The answer was that they would remain the same.
The Trustees then voted unanimously in favor of approving the resolution. Discuss Gatehouse Construction – The booth project is well underway and the Village has received favorable feedback from residents. In order to counteract the increased costs associated with labor, outdated bids, inflation of prices associated with construction materials, vendor costs and extras, the Mayor requested that the village raise the budget cap from $125,362 to $135,000. This is necessary because it is evident that they will exceed the previously approved budget amount. The good news is that taxpayer dollars will not be used as the Village has received donations that cover the overages.
The Trustees voted unanimously in favor of approving the increased budget.
Trustee Brooke inquired as to whether or not the project had been approved by the Board of Architectural Review. The answer was yes.
New Business: Discuss Landscaping of Village-Owned Properties – The Mayor has been meeting with Trustee Shaw, Building Inspector John Ledwith, DPW Superintendent Jeff Voss and others to discuss potentially doing some work at Village-owned property at the south end of Tuxedo Lake. They were thinking maybe it would be nice to put a small, environmentally friendly park there where one could sit and rest while walking around the lake, or potentially have a small picnic, etc. There is nothing to vote on at this time, but the idea is being considered and the Mayor is looking to get some public input. They are also looking at and discussing the upkeep of Village-owned triangles. Additionally, they are looking at replacing guiderails along West Lake Road just past its intersection with Eagle Mountain Road. The current guiderails are made of metal, are quite old and in questionable condition. The Village is considering replacing them with timber rails, similar to the ones along Tuxedo road.
Audrey Perry inquired as to whether or not taxpayer money would be utilized for the triangle upkeep, further noting that historically the Tuxedo Park Garden Club had taken care of this task and it had been funded via donations.
Mayor McFadden responded that the work is currently done by the DPW so there would be no use of taxpayer funds, but they would love to work with the Garden Club on any of the aforementioned projects. He suggested that initial contact with the Club had already been made but was unsure as to what the outcome of that had been.
Mrs. Perry suggested that they get in touch with Father Rick Datos-Robyn who is the current Garden Club Chair.
With regard to the proposed park at the south end of Tuxedo Lake, Mrs. Perry reported that Garden Club historically considered a similar initiative however there were members of the Club who were against the idea due to the number of people who might come through the back gate and use it.
Mayor McFadden responded that this was definitely a valid concern, reiterating that the idea was only in the discussion phase and that security was certainly an important issue that would have to be considered.
The Board then adjourned into an executive session for the purpose of discussing the employment of a particular person, the DPW bargaining agreement and public safety.
Village Board of Trustees Annual Reorganization Meeting July 21, 2021
The Village Board of Trustees held their annual reorganization meeting on Wednesday, July 21 at 6:30pm. All members were present. Trustee Joshua Scherer attended remotely via Zoom from Santa Monica, CA.
The meeting began with the ceremonial swearing in of newly elected Judge David Hasin and Trustee Paul Brooke.
The Mayor then briefly read through the proposed appointments and designation categories. There were no objections from any of the Trustees.
The Board then voted unanimously in favor of approving the appointments and designations.
Click here to view a detailed copy of what was approved.
The Village Board of Trustees met on Wednesday, June 16, 2021 at 7pm via Zoom.
Trustee McHugh was absent
Mayors Comments:
Mayor McFadden opened the meeting by thanking soon-to-retire Board members Paul Gluck and Alan McHugh for all of their hard work on behalf of the Village further noting that each of them had brought unique skill sets to the table and that their shoes would be difficult to fill. He then congratulated the Board members elect Josh Sherer and Paul Brooke as well as Judge Hasin, commenting that he was looking forward to working with everyone and accomplishing good things for the Village.
Reports and Minutes:
Click here to view the Police Report
Click here to view the DPW Report
Click here to view the Construction Report
On behalf of Town Board Liaison Michele Lindsay, Trustee Gluck reported the following:
There will be a Tuxedo Arts and Music event this coming Friday (June 18) from 6-8pm in the Train Station. A number of talented, local artists have been painting a variety of historical structures and landscapes around Town this week and this culminates in Friday evening’s event where the artwork will be on display and guests can meet the artists and also purchase the paintings if they are so inclined.
There will be a meeting of the Tuxedo Farms LDC on June 24 at 10am. This meeting will address the Hamlet sewer system. Village residents who are hooked into that system are encouraged to attend.
Lastly, Supervisor English is currently in discussions with Related and other parties regarding Tuxedo Farms and moving forward with some variation of the project. These discussions remain on-going.
The Mayor asked Trustee Gluck if he could elaborate on this, particularly as it pertained to a new configuration of the project, wondering if the property would be zoned for the same use.
Trustee Gluck responded that while he was not privy to the discussions, as he understood it there have been conversations about some other configuration for the project moving forward. Time has marched on and the way it was originally proposed may no longer be workable or appropriate. Current discussions are focused on what another configuration might look like and how it would satisfy the growth needs of the Town while remaining attractive to a developer.
Mayor McFadden replied that this was the first time he was learning of this and he considered it to be a real “eyebrow raiser.” He openly wondered what direction they might be going in, how it would affect the Village, whether there would be additional Planning Board or SEQR requirements and if there would be a change to the density or the zoning. He pledged to gather information and make a report to the community as soon as possible to the extent practical.
Trustee Gluck commented that he felt this had been in the public purview for some time, with open discussions at the Town Board meetings about how things might move forward. He does not feel there is anything new at this point in time.
Trustee Kasker asked Board attorney Nugent for confirmation that any subdivision layout changes would require a public hearing.
Mr. Nugent responded that either an amended or new site plan approval would be needed and that the applicant would have to go before the Planning Board.
Trustee Kasker thanked Mr. Nugent adding that he didn’t think they should make any assumptions about what might be going until it has risen as a formal application or change. He cautioned that nothing is certain until it Is actually put on paper and put before a public body.
Consent Agenda:
Trustee Shaw asked to remove item “I” pertaining to the Wee Wah Beach Club’s request to replace their playset.
Trustee Gluck asked to remove the approval of the police Department rules and regulations as he had not had enough time to review it and therefore intended to abstain, but did not want to have to abstain on the entire consent agenda. This item was tabled.
Approval of the interceptor financing for a truck purchase was removed and tabled.
An item authorizing the Mayor to sign the DASH harvesting contract was removed because the contract has already been signed.
The rest of the consent agenda was approved unanimously.
There followed a conversation about the proposed playset at the Beach Club. Trustee Shaw commented that what had been proposed appeared to be a residential set and she wondered whether this was permitted for a park under the Village code.
Trustee Kasker responded that there are regulations that cover parks and the Villages subsequent duties in terms of inspections. He suggested that so long as the Code Enforcement Officer/Building Inspector felt that the proposed set was suitable, they should defer to his judgement. The Board then voted unanimously to approve the playset.
Public Comments:
There were none
New Business: Request of Wee Wah Beach Club to Extend Membership – The Wee Wah Beach Club has requested permission to expand their membership beyond the 2019/2020 membership lists as previously negotiated.
Trustee Kasker noted that he did not have any issues with what had been proposed by the Beach Club Board.
Trustee Shae disagreed, suggesting that she felt the Beach Club was “picking and choosing” their membership and if they were to let a select group of people in they would ultimately have to let everyone in. She feels they should stay with what was negotiated.
Trustee Gluck agreed with Trustee Shaw, noting that the Board had undergone extensive and lengthy discussions on this topic during the negotiation process. “it’s a little disappointing to see this revisited so shortly after we competed the agreement,” he stated, further noting that he meant no disrespect to anybody who was on the list of prospective memberships or to anybody else,
Mayor McFadden agreed with Paul and Tinka, stating that he felt they should have restricted the membership to the 2020 list and utilized the North Gate for traffic purposes. He further suggested that if they were to allow this group of people to join, there was no guarantee that the Beach Club would not come back next month with another list.
On behalf of the Beach Club Marc Citrin commented that they understood that the negotiations had been extensive and although there had been some dissatisfaction expressed by members of the Board, they were pleased to be able to operate. The Club also appreciates the Board’s approval of their expenditures to make improvements to the property. With that said, they believe that allowing for an additional 8 memberships form the Town would not be an overreach for the Beach Club. Noting that he understood based on the comments that had been made that proposal would likely not pass, he further stated that the Beach Club would like to continue the discussions when meeting with Trustee Shaw and her committee when discussing the future of the Beach Club through next year and beyond.
In the interest of clearing the record, the Mayor responded that a committee lead by Trustee Shaw had not yet been established.
Mr. Citrin replied that they were prepared to meet whenever the committee was assembled and ready.
Mayor McFadden asked Mr. Nugent to speak to the issue of possible discrimination as raised by Trustee Shaw.
Mr. Nugent responded that the type of discrimination they were talking about was not really a category of discrimination. Rather it is based on prior membership dates and is not a protected class. The Village has it within their power to set a number for these categories and memberships. He suggested that rather than being discriminatory, the question was whether or not it was arbitrary in deciding which individuals would be offered membership. This is a matter for the Village to decide.
The Board then voted 3-1 against allowing the new memberships. Signage – There was a brief discussion about Village Signage, but ultimately the discussion was tabled.
The Board then entered an executive session for the purpose of discussing the employment of a particular person, DPW contract negotiations and several water & sewer customers.
The Village Board of Trustees met on Wednesday, May 19, 2021 at 7pm via Zoom. All members were present.
Mayor’s Comments:
Mayor McFadden opened the meeting by thanking all of the Village employees for their hard work in assisting him with closing out the budget as well as the booth construction project and DPW bargaining agreement negotiations. “You really bring so much to the table,” he stated. “It wouldn’t be the same community without you.”
Monthly Reports:
Click here to view the Police Report
Click here to view the DPW Report
Click here to view the Building Department Report
Click here to view the Water Department Report
Click here to view the Treasurer’s Report
There were no questions or comments on the reports.
Public Comments:
Jim Hays inquired about the on-going Orange and Rockland project. He wondered why raising the wires by 10 feet was an advantage and further whether or not customers could expect a rate increase as a direct result of the infrastructure upgrades.
Mayor McFadden responded that the utility company has indicated that they were spending quite a lot of money on damages related to falling trees and that this investment will make it such that they will not need to come in as frequently for repairs. Raising and strengthening the wires in combination with tree trimming, should also drastically cut down on the number of blackouts and brownouts in the Village. There has been no association with the rates. There is information about the project posted to the Village website and in addition the Mayor offered to send Mr. Hays information as presented by O & R about the project at previous Village meetings. Mr. Hays responded that this would not be necessary, but further noted that he was skeptical about the project.
On behalf of the Tree Advisory Board Chiu Yin Hempel announced that on Saturday June 5 there would be Spring Celebration to which everyone in the Village will be invited. The event will be hosted by both the TAB and the Tuxedo Park Garden Club and will feature guided walk-and-talks along the meadow paths in the Race Track from 10-11am followed by a tree planting ceremony in honor of all he Race Track Nature preserve Stewards, recently retired Village Clerk Debbie Matthews and Coco Labar of the DPW and soon-to-retire Advisory Board Liaison Alan McHugh to thank them for contributing to the success of the preserve and for encouraging the planting of trees. This will be followed by a Peony picking garden party at the Maxwell Family garden on Summit road. Email invitations will be going out shortly. In addition, the TAB is seeking BOT approval to replace the current notice board with a more appropriate one and to install an additional notice board at the north entrance of the preserve. There will be no cost to the Village. Images of both the current board and the new ones were presented for review.
Trustee Kasker inquired as to whether the new notice board at the main entrance would be installed in the same location as the old one.
The answer was yes.
Commenting that he was sure it would be ok, he further noted that there were a lot of signs at that particular intersection including a historic marker, a do not enter sign, a stop sign and a one-way sign among others. As the proposed notice board is larger in size he suggested that they should put some thought into its placement considering the area was already somewhat cluttered with signs that were less aesthetically pleasing and in his view do not reflect the historic nature of the Village. He recognizes that many of the aforementioned signs were transportation type signs but he feels there are some better alternatives and this new sign, while beautiful, would be one more thing to look at amidst the sign clutter.
There followed a discussion about the historic marker. Trustee Kasker asserted that it had been installed on a curve too close to Tuxedo Road, which is in his view a dangerous location. Additionally, he has some concerns with the aesthetics, particularly the sign pole.
Mayor McFadden noted that he had received a call from a resident who wondered whether the historic marker would have any bearing on the public’s ability to access the site and the impact that might have on the Village gates.
The idea of relocating the sign was considered, with Trustee Gluck suggesting that perhaps they should tie the approval of the proposed message boards to a plan to relocate the marker.
Mrs. Hempel stated that the TAB would be willing to move the notice boards further into the Race Track in order to ensure that they were not visible from the roadway. They would like to install them prior to the June 5 event.
Following some further discussion, the Board unanimously approved the installation of the new message boards and it was agreed that Trustees Kasker and Gluck would meet with members of the TAB to discuss possible relocation of the historic marker.
OLD BUSINESS: Resolve to approve CCTV work to be performed on the Pond No: 3 sewer line as a recommended by W & S – There was a lengthy discussion with regard to the proposed project and whether or not it should be put out for competitive bid. Trustee McHugh also expressed concern at not having received any updates pertaining to the Villages SPDES permit and compliance issues. He believes these items must take priority above all else.
Stating that he had no issues with the concept of competitive bidding, Mayor McFadden expressed frustration that the Trustees had waited until “that last minute” to suggest it, further commenting that the information had been before them for months and that the bidding process would slow the project up substantially. Trustee Shaw suggested that perhaps Westin and Sampson could re-bid it out to their subcontractors in hopes of procuring a better price, which would alleviate the need to develop an RFP and should speed the process up.
“If we are going to buy a new police car, we don’t go to the dealership that we use the most, let them describe their price and then go with it,” Stated Trustee Kasker. “If we are spending $50,000 + on a police car, we get additional bids. I look at this as analogous to that. Westin and Sampson is recommending that they sub out the work for $63,000 to CCTV some pipes. I don’t think we go to Westin and Sampson and ask them for another price. We go to another engineering firm and ask them how much they would charge to do the scope of work that Westin and Sampson already wrote for us, which we already paid them for.”
Trustee McHugh agreed, commenting that as Village fiduciaries it was their responsibility to go out to competitive bid in order to ensure that they were getting the best and the most reasonable service for the lowest price.
When asked for his thoughts by the Mayor, Building Inspector John Ledwith noted that it had been extremely difficult for the Village to locate areas in the system where there was inflow and infiltration and being that they had found some, he felt they should try to resolve the issues expeditiously without too many additional studies.
Mayor McFadden then suggested that Mr. Ledwith reach out to the engineer to see if he was available to join the meeting and answer some questions, which he did.
Once Westin and Sampson was on the line, Trustee McHugh inquired about the status of the work to alleviate the SPDES permit violations and subsequent DEC compliance issues. He was informed that this work was substantially complete. The project was successful overall and they will be providing a report shortly to both the Village and the DEC. Next steps were then briefly outlined and discussed. Next, the discussion turned back to the estimated cost of the CCTV project and the concept of competitive bidding. After a detailed review of the proposed costs, the Board voted 4-1 in favor of moving ahead with the project with Trustee McHugh voting against due to the lack of a competitive bidding process. Resolve to approve GIS & Mapping & Engineering Fees - The first part this project entails the Village DPW locating catch basins throughout the Village and determining their interconnectivity. This must be done before the engineers can do their GPS work. Having the DPW complete this initial task, as opposed to using a subcontractor, will save the Village money. Trustee Gluck suggested that prior to approving the project and engineering fees, the DPW should complete their portion of the work. If the DPW is unable to determine interconnectivity, they may have to rethink the process. He further suggested that the project seemed a bit pricey in his view at $20,000 given the amount of work that the DPW had to complete first and that in his mind this might not be the best use of Village funds at this particular point in time. The Engineer responded that if the DPW were to be unsuccessful in locating a substantial amount of the system then they would not mobilize but would rather reengage in discussions. Following some further discussion, the topic was tabled and it was agreed that the Mayor, Trustee Shaw and Building Inspector Ledwith would meet to further discuss with the intent of bringing something more solid before the Board at their next meeting.
Next Trustee McHugh asked the engineer to provide a brief overview of the water controls that were installed at the water plant and the reason behind them.
The engineer explained that the primary control panel that operates the water treatment plant, which is the Village’s drinking water, was antiquated and outdated. There were a number of computer cards that were failing and the DPW was no longer able to get parts. Working in concert with the BOT, they determined what was needed and put together a bid package. This past week a new control panel was installed and things have been transferred over successfully. Resolve to Approve the WWFC Licensing Agreement for the 2021 Season – Mayor McFadden opened the discussion by reporting that he had successfully negotiated an increase in the licensing fee up to $1000 as well as a $500 donation for milfoil mitigation. Additionally, there had been some discussion with regard to reverting to the 2020 membership and there was give and take on this issue.
Trustee McHugh commented that his issues with the WWFC highlight the issues with the Wee Wah Beach Club. In looking at the membership of the fishing club, there are 70 members of which only 8 are village residents. The Beach Club also has 60 non-Village residents. “I really don’t understand hoe we have an uproar about the Wee Wah Beach Club and not the fishing club when you have a disproportionate amount of people from the Village not being members there. The Fishing Club is year round and the Beach Club is only open for 4 months. So ,I am baffled by this whole thing. We have not advertised or asked for resident input with regard to this, but the issues with traffic and everything are even more germane with regard to the Fishing Club over the Beach Club.”
The Mayor responded that the difference was that the conversation surrounding the Beach Club pertained to who managed Village property and whether people want to invest in it or not while the Fishing Club conversation did not. He further suggested that in his opinion the two clubs should share the cost of utilizing the North Gate for their non-resident membership.
Trustee Gluck asserted that he did not feel they should get into this discussion again, further commenting that he was happy to welcome the fishing club. Following some further discussion, the Board voted unanimously in favor of approving the agreement.
NEW BUSINESS: Consent Agenda – The Board approved the following items in one motion as part of the consent agenda:
Resolved to accept resignation of Part-Time Police officers Joseph Saetta, (effective
immediately), Vincent D’Amato (effective May 20) and Brian Benjamin (effective
May 16)
Resolved to approve request to hire Part-Time Police Officer Johnny A. Gonzalez
Election Day, June 15, 2021: Resolved to approve Chris Moog as a Table Inspector
to take the place of Jennifer Weiss who had to cancel. Payment is $225 for the day.
Election Day, June 15, 2021: Resolved to approve Linda Hackett and Skip Briggs as alternate Table Inspectors if there are more cancellations. Rate of pay is $225 for the
day.
Election Day, June 15, 2021: Resolved to approve Jim Pearson as an alternate
Machine Operator if there is a cancellation.
Resolved to appoint Campbell Langdon to the Board of Zoning Appeal (BZA) to replace the Hold Over seat of member Mary Darby. The appointment term is through 6/30/2025.
Trustee McHugh noted that they had seen a lot of part-time police officers leave and he inquired of Chief as to where their numbers were and the level of success in terms of filling the void.
Chief Conklin responded that although the number of part-time officers had decreased from 20 to 17 , all of the officers currently working were pulling a minimum of 2 shifts per week and that the department was doing well. He anticipates hiring one more officer next month, after which they should be fully staffed.
Following a brief discussion regarding the proposed budget transfers, the Board entered into an executive session to discuss the DPW Bargaining Agreement, legal matters, and the employment of a particular village employee.
Special Village Board of Trustees Meeting & Budget Workshop April 28, 2021
The Village Board of Trustees held a special meeting on Wednesday, April 28 at 3pm via ZOOM for the purpose of discussing the lease agreements for the Wee Was Beach Club and the Fishing Club as well as to conduct a budget workshop. All members were present.
There was a lengthy discussion regarding the management of the Wee Wah Beach Club. Mayor Mcfadden proposed a new system of management under which the Village would assume management of cash disbursements, Village funds, memberships, and improvements while the Beach Club would be responsible for day-to-day operations. Ultimately this plan was rejected by the majority of the Board and an amended version of the lease agreement, negotiated with the Beach Club by Trustee Gluck the week prior, was approved.
Click here to listen to a recording of the discussion in full.
The discussion regarding the Fishing Club lease was tabled.
The lease discussions were followed by a budget workshop which resulted in the Boards' approval/adoption of the 2021/22 budget. It is expected that a copy of the approved budget will be posted to the Village website in the near future.
Village Board of Trustees Public Hearing and Regular Monthly Meeting April 21, 2021
The Village Board of Trustees met on Wednesday, April 21 at 7pm via Zoom. All members were present.
Click here to listen to a recording of the public hearing
Mayor’s Comments:
There were none
Monthly Reports and Minutes to the Board & Public:
Click here to view the Police Report
Click here to view the Water Department Report
Click here to view the Building Department Report
Click here to view the DPW Report
Click here to view the Treasurer’s Reports
Public Comments on Reports, Old and New Business Items:
With regard to the Wee Wah Beach Club, Jay Reichgott commented that he felt the question of who should run the facility was a good topic for discussion however, he expressed concern with the timing. With the swimming season just 6 weeks away, even if things were to operate as they always have in the past, management would have to scramble in order to pull things together for a timely, Memorial Day opening. Were the Village to take over management of the Club, there would surely be a somewhat substantial learning curve involved and this would likely delay the opening. This begs the question ‘when is the best time to enact change?’ He suggested that the Village should allow the Club to operate this year as it always had and then begin a more in-depth conversation about the future in the fall of 2021.
Mayor McFadden thanked Mr. Reichgott for his constructive comments.
Elizabeth Cotnoir stated that she agreed with Mr.Reichgott, further suggesting that it was much too close to the Club’s opening date to effectively institute major change.
Mary Graetzer commented that she whole-heartedly agreed with this sentiment. Making the kind of changes that have been proposed would require many careful conversations and, in her view, 6 weeks before the Club is supposed to open is not the time to have them. The Wee Wah Beach Club as it currently exists has been consistently managed in the same way for the last 87 years and for many, to have Village take things over entirely, would be perceived as a loss and in turn a blow. If there is a way that the Village can invest and make things cheaper for the Club and its members, she wondered why they wouldn’t just do it and leave the management as it is.
Mayor McFadden inquired as to why the change might be perceived as “a blow” to some.
Mrs. Graetzer replied that the perception for many of the Town members was that the Village and its residents did not believe the current management to be competent enough or good enough at running the Club successfully.
Mayor McFadden made a comparison between the Beach Club and the Village Boat Club, an organization run by Village taxpayers. He noted that the Boat Club had been successful in contributing to the improvement of the facility. They have paid for their own docks, the maintenance there-of and the installation of a stone wall along the water’s edge all on their own accord. On the contrary, he suggested that the Beach Club “hasn’t even offered a dime for improvement of the space.”
Mrs. Graetzer responded that this was not true and that over the years the Beach Club had offered and paid for many improvements to the property including refurbished bathrooms, playground equipment, picnic tables, grills, benches, landscaping and more. Additionally, they annually undertake a clean-up of the property, where members gather and work to clear sticks and brush and refuse both prior to and post operating season. For the past few seasons, a variety of reasons such as low levels in the lake and Covid-19 have negatively impacted the Club’s membership, which in turn makes it impossible for them to afford any major property enhancements.
The Mayor responded that he had been judging the lack of effort based on what he saw currently and what had seen since becoming an elected official. He further indicated that he was disappointed in the Club’s offer of $1,000 to lease the property, which is in his view very low. The Village spends quite a bit of money on Wee Wah with Milfoil maintenance and the employment of a Lakes Manager. He further suggested that he felt that some of his negotiations with the Club had been misrepresented. He believes that his initial offer (which he would be happy to put back on the negotiating table) was a win/win for everyone involved. Under that proposal, the Village would take control of both the finances and the physical property, immediately investing $5-$10,000 into improvements while the Beach Club would continue to manage the things on a day-to-day basis. “If we take it on,” he continued “the membership would probably have to adjust to the fact that it may not open on Memorial Day and so forth. There would be a definite learning curve, but we have to consider what has been offered to us on the table. There is potential of a resident donating money to a Village managed Club.” When Mrs. Graetzer inquired about the issue of Hamlet membership, the Mayor replied “The fact of the matter is that any three members of any Village Board…past, present or future….could eliminate the Hamlet membership by a vote. There is nothing in the local law that prevents that. So, whether the Beach Club is running the facility or the Village runs it, the security is no different.” He added that there was also a clause in the lease agreement which acknowledged that at any time during the season, the Trustees could shut down the Club with a vote. He reiterated his belief that his initial proposal was a win/win and further noted that along with it he had offered a 5-10 year guarantee of the current Hamlet membership, but that this had been rejected by the Beach Club for reasons unknown to him. He then explained that there was a potential offer of $100,000 from a Village resident and that if they were able to secure that money it would allow the Village to hire a beach manager to assist with everything. He doesn’t understand why people seem threatened by the idea of this. In his view, the Beach Club is located on Village owned property that is underutilized in terms of its potential. Not only should the leasing amount be greater than $1,000, but that the Club should also be asked to put forward a commitment to improve the property in the amount of $2-5,000 annually.
Mrs. Graetzer responded that while she understood what the Mayor was saying, she felt strongly that the kind of changes being considered should not be made quickly. She suggested that they should allow things to remain as they have always been for one more summer and then formally begin the conversation in September when everybody can understand and agree without the pressure of trying to get things up and running quickly.
Aoife Clarke agreed with Mrs. Graetzer. She feels both sides are getting quite heated and fears that the restructuring debate could inhibit the Club’s ability to open on time. She acknowledged that some people in the Park were concerned because they paid taxes on the Village owned land while many in the Hamlet were in fear of having their membership revoked. She implored the Board to wait until the Fall to continue discussions of restructuring.
Jenn Darling identified herself as the Vice President of the Beach Club’s executive Board. She stated that it was entirely unfair for the Mayor to suggest that the Club had not made any improvements to the property. They recently replaced the floating dock at an expense of $5,000. Last year they had money set aside and had intended to replace the playground structure, but were required by the Village to spend several thousand dollars for a Police Officer to man the North Gate on weekends so that non-resident traffic, totaling roughly 10 cars per day, could be diverted. She further asserted that the Beach Club had not rejected the Mayor’s proposed 5-10 year guarantee of the current Hamlet membership. Rather, she explained, they had told him that they believed that there was not enough time to properly analyze things and carefully work through all of the details prior to opening for the summer. She noted that the reason the $1,000 lease amount had been proposed is because that is the amount that has historically been in the budget. The Club very much wants to enhance the property and it is their intent to install a playground there, which would in turn be dedicated to the Village.
Speaking to last year’s requirement that non-resident members access the Beach Club via the North Gate on weekends, the Mayor defended the rule, suggesting that 10 cars per day made a combined 20 trips down the Causeway, and this constituted preventable wear and tear and on the roads in his view.
Mr. Reichgott asserted that Wee Wah Beach Club only occupied the property for 3 months out of the year and for the other 9 months it was a Village Park. He believes it is not unreasonable to expect that the Village would fund the maintenance of the property in much the same way they do the Racetrack Nature Preserve. He feels that the Beach Club should be asked to provide maintenance and enhancements only to those areas that are utilized exclusively by the Club.
Mayor McFadden countered that unless they joined the Beach Club, Village residents were unable to swim there during the summer months. He suggested that he had even considered the idea of opening a separate Club for Village residents, to be operated during the AM hours before the current Club opened for the day.
Beach Club President Bonny Takeuchi provided the Board with some historical perspective, which outlined in some detail how the Club had come to be on hard times. For decades the Beach Club an enjoyed a robust membership of 250 annually. The Club paid the Village $5,000 to lease the property and the two entities coordinated, working hand-in-hand together to fund many improvements. When the Village commenced work on the Wee Wah Dam repairs, the water level in the lake was drastically reduced, which had an unfortunate effect on the swimming area and the diving board had to be removed as a result. Additionally, water quality questions surrounding the fish kill in 2012 and algae blooms in the lake as well as the increasing presence of Eurasian Water Milfoil had a direct impact on the ability for members to swim at varying times over the years. There was one season when swimming was not permitted at all. Under these circumstances, the Beach Club membership began to decline. With fewer memberships, the Club has had less money to invest in the property. Last season proved to be especially taxing as they had to hire a Covid-19 monitor, purchase a fair amount of Covid related equipment and cleaning supplies, and pay an officer to man the North Gate on the weekends. The Club estimates they spent approximately $9,100 on these things, which is money they could have otherwise invested in the property.
The Mayor responded by apologizing and noting that he wanted to formally “walk back” his comment about the Club not investing in the property, which he had based on his own personal, more recent experiences there. He further wondered whether it would be “that bad” if the Village were to take it over so long as the current Hamlet membership was retained.
Mrs. Takeuchi responded that the current Hamlet membership was limited as the Village had not allowed the Club to admit new members from the Hamlet for several years. Of the 74 Hamlet members, more than 1/3 of them are over the age of 70. She suggested that there are new families living in the Hamlet who might enjoy membership.
Changing the topic entirely, Claudio Guazzoni congratulated the Board on completing the budget process, thanking them for all the time they had invested into the long, arduous process. He is “a little annoyed” that taxes will likely be going up and is hopeful that next year they can work a bit harder to either keep taxes steady or decrease them.
Mayor McFadden thanked Mr. Guazzoni for his comment, further noting that Board members and department heads had worked very hard to create a budget that came un under cap. As time goes by, costs do increase but he believes they have done a responsible job of budgeting and is pleased to see monies being set aside for critical infrastructure and engineering projects. That being said, he noted that there is always room for improvement.
Trustee Updates:
Trustee Gluck reported on two upcoming Webinar events which have been sponsored by the Tuxedo/Tuxedo Park Climate Smart Task Force. The first is a Recycling Webinar entitled ‘Today’s Recycling Market and Best Practices’ which will take place on April 22 at 7pm and the second a Webinar focused on Climate Change entitled ‘Climate Science and Solutions’ presented by C-Change Conservations on April 28 at 7pm. Both programs can be accessed via the Town’s WebEx portal.
Consent Agenda:
Before approving the consent agenda, the following two items were extracted and briefly discussed: Resolution to Waive the Building Permit Fee for Painting Applications – Building Inspector John Ledwith explained that as there was little-to-no engineering, architectural or legal work involved with a change in paint color, it was recommended that the permit fee be waived for applicants. Although there will be no associated permit fees, these applications will still have to go through the appropriate BAR process. Resolution to Approve to Purchase of a New Police Vehicle – Chief Conklin explained that there had been an “unforeseen event” with one of the current vehicles when it was brought in for service and discovered that the engine was in need of costly repairs. The vehicle is old and out of warrantee and it will likely cost more to keep repairing It over time than it would to move forward with a new one.
Following these discussions, the consent agenda was unanimously approved.
New Business: Discuss the License Agreement Between the Wee Wah Fishing Club and The Village – The Club has submitted a proposal, which has been circulated to the Board. The Mayor has scheduled a tour of the facility and would like to discuss with them the idea of repairs as well as contributions to lake maintenance. Trustee McHugh noted that the Club had paid to stock the lake and had worked in conjunction with the DEC to do so. Additionally, they financed repairs to the dock. He recommended they table their decision until the next meeting which would allow time for the Mayor and any interested trustees to visit the facility and clarify and questions they might have. Following some further discussion, it was agreed that this is what would be done. Discuss The License Agreement Between The Wee Wah Beach Club and The Village & The Offer of a $100,000 Donation Organized by a Resident for a Village Managed Beach Club That Would Include Last Year’s Hamlet Members and Village Residents for the 2021 Season- Mayor Mcfadden invited each of the Trustees to comment.
Trustee Shaw indicated that she felt the proposed $1,000 lease payment was way too low. She feels the idea of having the Village run the Club is an interesting one and believes that they could generate a fair amount of interest from Village Residents. She compared it to the Village Boat Club, which she feels is very well organized.
Trustee Gluck noted that he was a member of the Village Board Club and further commented that is in his view that club was “the epitome of a volunteer organization,” whereby all of the members pitch in to get things done at a minimum expense without government assistance. A lot of this same spirit is also reflected in the Beach Club. He applauded the Beach Club for making things work, particularly for the way in which they got things together and running during Covid. He also commended the Mayor and Trustees for their work in trying to make the facility better for the Village. He feels there is room for improvement all across the board. Many of the comments pertaining to capital improvement have a great deal of merit. Having said this, even if he believed it was the right move for the Village to step in and reorganize things, he would be “scared to death” to take on that project now, 6 weeks out from the start of the swimming season, when it is so far out of their comfort zone. Without seeing any sort of budget or proposal for the options that have been suggested, he believes managing the process would be a nightmare and therefore he echoed the sentiments of many of those who spoke before him, suggesting that they take more time to have these important conversations in the future, but keep things largely the same for the upcoming season. 6 weeks is not enough time to put in a whole new management structure. There is enough time however to negotiate the current agreement and he recommended reconsidering the requirement that non-residents use the North Gate for access on the weekends as well as the overall leasing fee and the amount of money the Club should be asked to put into capital improvements for the facility.
Trustee McHugh noted that the Wee Wah Beach provided access to swimming in the lake for residents and in that regard, he feels they should move forward with getting the necessary permitting in place in order to open the facility on time and ensure a viable season. With regard to the structure, he feels that he needs more clarity, particularly as it pertains to the potential donation. The current Hamlet members have shown a commitment to the facility and he believes they should be given the opportunity to stay members. If the Village can effectively enhance the facility and make it a destination for more Village residents, he supports that as well. “Let’s move this forward and get it open this year sooner rather than later and work through the details over the next couple of weeks to see if there is a common ground that everyone can live with and is happy with.”
Trustee Shaw interjected that she felt they needed to look further into the insurance before they proceeded in any way to make sure that the Village had the proper coverage.
Trustee Kasker commented that most members of the Beach Club probably didn’t care about who ran things so long as they could pay their fee and utilize the beach. To him, whatever affords the Club’s members the ability to do this at a fair price is paramount. If the Village was able to run the facility and significantly cut the cost of the membership, that would be one thing but he is not sure they are there yet. There are more insurance requirements for swimming than there are for general liability. In a recent letter to the Board, one resident made some valid points pertaining to risk. The way things stand currently, if somebody has a significant accident the Village is not primarily responsible. He would like to know what the insurance rates for the Village would be with the added coverage included. Additionally, running the Beach Club would require the Village to hire and cover more employees. Trustee Kasker favors shrinking the number of Village employees as opposed to increasing it. He also noted that with no Parks and Recreation Department in place, the Village did not have anyone to run facility. This is one reason why having both the Boat Club and the Beach Club as independent organizations makes sense as they assume their own administrative burdens. Village employees are tasked with taking care of all Village residents, not specific groups and/or Clubs that are focused on putting a boat on the water or swimming in one of the lakes. There are 98 days between Memorial Day and Labor Day. This leaves a whole lot of time for any and all Village residents to use the property for free. Most municipalities have a code provision which states that if they have a subdivision and they do not have land for parks, they have to pay a fee. It is the Village’s obligation to have a park for their residents, but it is not their obligation to have a swimming hole for them. A swimming facility is a special use the requires extra cost and the people who want to use it should have the burden of that cost. “The bottom line is that there is a whole lot going on and I don’t think residents deserve the right to swim for free, which is what you seem to alluding to in some of your comments.” he stated.
“I wasn’t alluding to that,” responded the Mayor.
Trustee Kasker went on to say that he felt additional analysis on the business side was needed before the Village was ready to move forward with managing the Club and until this has been done, he is not ready to act on it. He is happy to discuss the idea further however. He feels they should be striving to provide a better beach for less money. In the meantime, as they are not faced with an emergency situation, he believes they should proceed as normal.
Mayor McFadden suggested that currently the Club pays upwards of $7,000 in insurance costs and if the Village only had to get a small supplemental package, they could save a few thousand, which would be money that could immediately be invested in either lowering the cost of membership of making capital improvements. “As a Village we can use income to make improvements,” he stated, “and that has its own momentum. If we were to take over the management, I would see it as a transition. I would think we would have to ask the membership to be patient with a potential start date with disruption because if we were going to be putting money into improving, there might be days when a part of the park was closed or cordoned off. It could be a little hectic. We could consider extending the hours potentially. In the scenario I was looking at we could take the $30,000 membership from last year and put it into some of our own Village funds.” He further stated that his position was that he would like to see a dual situation where the Village would work together with the Beach Club and share responsibility…use it as a learning session for moving forward and then analyze it at the end of the year to see where we did and didn’t succeed. He also feels the Village should commit to putting another $5-10,000 into the budget now to make improvements as a sweetener. He reiterated that under his proposal, the Beach Club would manage the day-to-day operations and therefore there would be less liability for the Village.
“I think the Board has five kind of diverse positions,” stated the Mayor. “I believe my position is clear.” He then suggested that Trustee Gluck liaison with the Beach Club to further negotiate these details while they waited for more clarity on the potential donation.
Trustee Gluck replied that he would be happy to interact with the Beach Club but he felt they needed to make a determination as to whether or not they would be negotiating something similar to what had done in years past or if they looking to negotiate something entirely different. If it is the former, he believes they could pull things together quite quickly but it’s the later, he has some concerns with their ability to accomplish anything fruitful.
Following some further discussion, it was agreed that Trustee Gluck would meet with the Beach Club and that a Special meeting would be scheduled for the following Wednesday, April 28 at 3pm for the purpose of discussing both the Beach Club and the Fishing Club licensing agreements. This will be followed by a budget workshop. Discuss N.E.A.R Recommendations – This was tabled as the Board needs additional information.
The Board then entered into an executive session for the purpose of discussing employee salaries, litigation and employment of a particular person.
Tentative Budget Workshop Meeting Follow-up April 10, 2021
Dear Neighbors,
Our successful budget workshop yesterday culminated in a three-week marathon of preparation and effort by this year's budget team. The team included Tinka and Village employees John, Debbie (who used the occasion to train Elizabeth on her first budget), Chief Dave, Jeff, and Denise. The budget is under the 2% property tax cap and reflects the hard work and dedication of this team's support of the Village taxpayers.
At yesterday's meeting, Chris, Paul, and Alan brought their experience to the table, and as a team, we worked constructively to bring the budget to the next level. We thank Alan for leading the Trustees through various revenue, appropriation, and bond and benefits line items of the budget. As temporary guardians of your finances, I believe we have gone a long way in fulfilling our obligations to you, the taxpayers.
Of interest, this year is the introduction of a Village Sewer Department. As you know, our sewer (and water) infrastructure is our Achilles heel - aging and decaying at an alarming rate. To pay for repairing, maintaining, and approving the system, this and prior boards rely on increasing property taxes and loans/bonds, an unsustainable strategy over the long term considering the problem's magnitude. The NYS Comptroller encourages Villages like in our predicament to form sewer departments for the equitable billing of services and the means to raise funds for future infrastructure maintenance and repairs.
The best example of how our new sewer department will operate is our water department.
Sewer rents typically based on a water use percentage will come quarterly with the water charges. If you own a vacant property in the Village but do not use village sewer services, you will stop paying for the sewer. If you own a home and have a septic system, you will stop paying for sewer. If you use the most potable Village water, you will pay more than a resident with one bathroom. Currently, we all share the cost of running the sewer department equally, according to our tax rate, because sewer expenses flow to your property taxes.
Because the Board lacks experience setting rates, I put $5,000 in this year's budget to hire a professional consultant specializing in developing sewer rates for municipalities. The public will also be able to provide their input during the public hearing process next week. The establishment of a sewer department is subject to Board approval, and I believe we have broad support.
As stated earlier, as a temporary guardian of your finances, my role as a fiduciary is a primary responsibility. Before meeting with the WWBC leadership, Jennifer and Bonnie last week, I reviewed the financials they provided me. The WWBC does not make money. Possibly their membership fees are too low, their expenses are too high, and of course, the facilities need improvement or all the above.
Regarding improvements, for all their efforts, they have never produced profit to pay for enhancements or offer us a lease payment that covers Tuxedo Park's annual maintenance costs of the property and facility. Instead, the Village taxpayers shoulder the burden. A further burden on the Village taxpayers is that WWBC paid one dollar ($1) per year to lease the property over the last five years (last year they collected $30,000 in membership fees), and this year, their total offer to lease the property is $1000. The WWBC's demand that the Village taxpayer lives with below-market licensing fees needs to change. As your fiduciary, I recommend we optimize the property's value for the benefit of the Village taxpayers.
As an example, it would be enticing if: the WWBC committed to a licensing fee of $5,000 with a commitment of another $2,000 annually in infrastructure and improvements.
During the same meeting with Jennifer and Bonnie, I shared a new idea that I view as a win-win for both parties. The idea is for the Village to take out the health permit, incur all costs, collect all membership fees and other payments, and control the finances and facilities. There is a greater chance to make a profit under this scenario because we have a lower overhead from the start. We already have insurance, for example, a cost the WWBC incurs annually. We also have the means to invest $5,000 in improvements before the season starts if we add it to the current budget. With the right balance of setting membership fees, improving the grounds, and paring down expenses, the Village can make money.
The next challenge is how the Village will deal with the day-to-day management of the club. During and after I met with Jennifer and Bonnie, several possibilities have been discussed and suggested - from the Village running the club; the WWBC running the club; or a hybrid of the two sharing responsibilities.
I favor the Village running the finances and facilities management and the WWBC running the seasonal day-to-day operations.
In the meeting, Bonnie expressed her concerns that this might be an elaborate scheme to end Hamlet memberships. I offered her a 5 to a 10-year term of guaranteed hamlet membership in a show of good faith, which should dispel those concerns immediately. And there is no additional risk to Hamlet memberships under this new scenario. Under the current arrangement, any Board present and future could cancel Hamlet memberships with three votes. Second, the WWBC/Village lease has always contained a clause that allows three members of the Board to cancel the lease at will, at any time during the season.
The 5 to 10-year term I offered included the WWBC management's request to keep the same season and hours of operation it has always enjoyed. Again, I believe my proposal is a win-win situation balancing the financial responsibilities I have to the taxpayers and to the tradition of Hamlet membership.
I invite all constructive comments and suggestions on this year's budget (posted on the Village website), the new sewer department, and the idea of the Village managing the finances and facilities of the club and the WWBC maintaining the day-to-day seasonal management of the club.
Unfortunately, I can point to several postings on social media that have mischaracterized my WWBC proposal. Specifically, one false story is I am disbanding the WWBC. Dissolving the WWBC is not prudent, nor is it an option: it is a private entity outside of Village control.
The Village Board of Trustees met on Wednesday, March 24 at 7pm Via Zoom. All members were present.
Prior to opening the meeting, the Mayor noted that Chief Conklin would be absent due to a family emergency.
Mayor’s Comments:
Mayor McFadden, and Deputy Mayor Shaw have been hard at work on the budget with the help of Consultant Debbie Matthews. Things are going well and the Mayor believes they are on a positive trajectory for maintaining the tax cap. He further noted that last year’s trimming of expenses has paid off and he thanked everyone involved.
The Mayor raised the idea of payment for elected officials, noting that this was idea alone and that he was looking for feedback from the Trustees as well as the public. Currently, positions on the Village Boards are voluntary and can be quite time consuming. Mayor McFadden feels it might be a good idea for the Village to bring itself inline with other municipalities by offering some sort of fiscal compensation, not a large amount, just something symbolic and reasonable. He suggested that whether or not he would decide to pursue the idea would be based on the feedback he receives in the coming weeks.
Together with Deputy Mayor Shaw, the Village attorney and accountant, Building Inspector John Ledwith, Elizabeth Doherty and DPW Superintendent Voss, the Mayor has been examining the idea of changing the sewer billing system. Currently, sewer costs are evenly spread amongst residents and are built into property tax payments. What is being considered is a unit-based system, whereby the billing would be independent. Not only would this be more equitable but instituting charges for the sewer would also allow the Village to build up reserves, which could in turn be used to offset pending infrastructure costs, particularly within the antiquated sewer system. Residents are encouraged to reach out to the Mayor and/or the Trustees with any feedback they might have on this idea.
Monthly Reports & Minutes to the Board & Public:
Click here for the Police Report
Click here to view the Police Reform Committee Draft
Click here for the Water Department Report
Click here for the Construction Report
Click here for the DPW Report
Click here for the Treasurer’s Report
Click here for the Town of Tuxedo Liaison Report
On Behalf of the Climate Smart Community, Jim Hays reported that this task force had been formed in an effort to lower green house emissions by taking a look a closer look at emissions coming from Village Buildings as well as Village owned Vehicles and examining ways that they can be reduced in order to achieve both an environmental and economic benefit. The group is proposing that the Village join The International Council for Local Environmental Initiatives at a cost of up to $600. This expense can be shared with the Town of Tuxedo should they decide to join as well. There are a number of benefits to joining the council and Mr. Hays briefly outlined many of them. Following minimal discussion, the Board voted unanimously in favor of joining the Council as proposed. Further, they voted in favor of investing $150 in a See Change Webinar, to be made available to all residents, which focuses on climate change and steps that can be taken to mitigate the effects thereof.
Representing the Lakes Committee, Mr. Hays next reported that he had submitted to the Board for their review a draft watershed management plan and requested that they take a look at it and provide feedback as soon as possible.
Finally, Mr. Hays reminded the Trustees that it was almost time to issue the annual notification to landscapers letting them know that the use of phosphates has been banned in the Village and that those who utilize them may ultimately loose their right to conduct business in the Village moving forward. He suggested that hanging a sign at the front the gate might be a good way to do this.
When asked by the Mayor for an update on the Board of Assessment Review, John Ledwith informed the Board that the applicable changes had been made and that the draft report would be available to the public on April 1.
Orange & Rockland Presentation – Phase 2: East Lake Road Reconducting:
Representatives from Orange and Rockland provided a detailed presentation summarizing the work completed in Phase 1 of the project, which was concentrated mainly along West Lake and Continental Roads, and outlining the scope of Phase 2, preparation for which has already begun along East Lake Road. The project is expected to commence on April 14 and run through December 30.
Following the presentation there was some discussion with regard to traffic flow particularly as it pertains to road closures, notifications thereof and the inconvenience of rerouting traffic all the way around the lake.
The Mayor noted that the Police Reform Committee had completed their draft 6 weeks prior and that it had been available to the public for review and comment for over a month. He reported that to date they had not received any negative comments or suggestions. As the Trustees were slated to vote on the plan later in the meeting, he asked the public if they had any questions or comments to bring forward at that time. There were none.
Public Comments:
Claudio Guazzoni inquired about the tax assessment roll, specifically noting that he would like to see more color in terms of the number of people had grieved and the number of changes that had been made as a result. He was informed that a total of 35 grievances were made. The Board was not comfortable divulging the number of changes that had been made and reiterated to Mr. Guazzoni that the information would be made public on April 1.
Marc Citron spoke in favor of the Wee Wah Beach Club, commenting that the previous summer had been a success for the club, despite all of the additional safety guidelines and restrictions that were put in place as a result of the pandemic. He recommended that the Board renew the lease with the Club for a minimum of 1 year and further advised that they should engage with the Club as soon as possible in terms of any new or further Covid related restrictions so that they could be in touch with their membership and also to ensure a timely opening of the facility.
Jay Reichgott also spoke in favor of the Beach Club. He further commented that in reviewing the supporting documentation that had been circulated by the Mayor prior to the meeting, he noted that the possibility of allowing Village residents to utilize the property for swimming when the Beach Club was otherwise closed (early in the morning and after 8pm) had been suggested. He advised that not only would this pose a number of serious dangers but that he believed it would also be a violation of Village law.
Consent Agenda:
Trustee Gluck requested that two items, The January 25 Board of Assessors meeting minutes and the adoption of a Community Paper Shredding Day on April 22 be removed for discussion, which they were. The Board then voted unanimously in favor of approving the consent agenda.
They then proceeded to briefly discuss the two removed items, after which they were both unanimously approved.
New Business: Resolve to Approve the Police Reform Committee Plan – The Board voted 4-1 in favor of approving the plan, which Trustee McHugh voted against. “I’m a no as a result of the tasers,” he noted. “And also, the link on our webpage did not go to the report, but my guess is that would not have made a difference.” The Mayor responded that he found it regretful that Trustee McHugh would allow something like this to have a negative impact on the wonderful parts of the plan that the community group had worked so hard on. Resolution Establish Minimum Hours Requirement for Part-Time Police Officers – One of the unintended consequences the Village faces from having transitioned to predominantly part-time officers is that some of the officers are only available to work 1 of fewer shifts a month. “As a result, you might get a ticket from somebody who you have never had a chance to meet and that is just not in keeping with where we want to take the department in the future,” stated the Mayor. “This is about community policing and knowing who you are dealing with, knowing how to call them by name, de-escalation, and treating the community like a family and visa-versa.” The Chief has recommended a minimum requirement of two shifts per week for part-time officers. There was some discussion as to the length of the proposed shifts after which the Board voted unanimously in favor of adopting the resolution. Resolution to Approve Removal from Inventory of Police Surplus Equipment – The Board voted in favor of approving the resolution to remove a shredder and five monitors from their inventory. Trustee McHugh abstained, commenting that he did not know what the items were or what the department planned to do with them once they had been removed from the inventory. Mayor McFadden expressed his displeasure that Trustee McHugh had not taken then time to review the materials, which had been sent to him weeks prior, so that he could be prepared to vote at the meeting. Discussion Regarding the Lease Renewal for the Wee Wah Beach Club: Mayor McFadden called upon Club president Bonny Takeuchi and Beach Club Board member Jenn Darling to outline their proposal for the season. Mrs. Takeuchi began by thanking the Trustees for working with them during the 2020 season and allowing them to open during the Pandemic. She has been in touch with the Orange County Board of Health regarding Covid-19 regulations for the coming season. Although they have not yet received any official guidance, they suggested that things would likely be the same or possibly less stringent. As the Club has demonstrated their ability to comply with the regulations put forth by both the State and the Village successfully, Mrs. Takeuchi is hopeful that they will able to renew the lease for the upcoming season. Mrs. Darling concurred, adding that they were hoping to negotiate the renewal as soon as possible as they would like to raise money for a new playground to be installed prior to the opening of the Club for the Season. Additionally they would like to begin offering weekly Yoga classes for the community on Sundays in April or May.
Mayor McFadden clarified that the Club was looking for a 1-year renewal and wondered what type of fee they were proposing.
It was noted that for various reasons pertaining to water levels in the lake and dam reconstruction the Club had not paid a fee. Historically prior to that, it was $1000.
The issue of road safety was addressed. During the 2020 season, non-village residents were required to access the Beach Club via the North Gate on weekends. The Mayor believed this to be very successful in mitigating traffic concerns that had been brought forward by Village residents. Mrs. Darling responded that they were hoping to avoid this practice in the coming season. The Beach Club averaged 7 non-resident vehicles per day during the week and 10 per day on weekends last year. The cost of paying a Police Officer to man the North Gate was great and frankly, a challenge for the Beach Club as their membership was somewhat low due to Covid. They do not feel the number of cars justify the expense and are respectfully requesting that their non-resident members once again be allowed to access the Beach Club via the Front Gate.
The Mayor noted that he had gathered some suggestions from village residents and would like to share them. He further that these suggestions did not represent his personal opinion or the opinion of any other Board member. Some residents have suggested raising the fee to $5,000 or $10,000. Some have suggested allowing residents to use the facility for swimming when the Beach Club is not open. The Mayor noted that the Village had briefly explored this idea last year, asking their attorney to look at both insurance and liability issues, but had been nothing more than a preliminary discussion.
Mrs. Darling suggested that if they were not required to man the North Gate, the Club would likely be amenable to an increase in rent. “We are not beyond paying our fair share to the Village,” she stated. She expressed some uncertainty as to whether or not the Department of Health would allow a Swim At Your Own Risk situation after hours. The Beach Club holds the permit and so they have some concerns with regard to that suggestion. Further swimming after sunset is not permitted by the Department of Health.
Trustee Gluck commended the Beach Club for the wonderful way in which they had stepped up and operated during Covid last year. He is very much in favor of getting it up and running again for the upcoming season. He noted that he had never been a big fan of the North Gate plan and that he believed that the traffic flow to the Beach was minimal. He feels the issue of after hours swimming should to be addressed separately and that there could be some significant issues with it. Finally, he stated that he believed they had budgeted to receive $1,000 in revenue from the Beach.
Trustee McHugh echoed Trustee Gluck’s comments.
Trustee Kasker asked a number of clarifying questions about the history in order to bring himself up to speed.
Trustee Shaw noted that she would like to discuss the idea of swimming off-hours further with their attorney as she had gotten the impression from him that as long as they had the proper signage, this would be ok.
Stewart McGregor commented that he was a life-long Village resident who had been enjoying the benefits of the Beach Club for 76 years. He believes it is imperative that the Club open. He further suggested that they should consider taking a look at the long-term so that they did not have to revisit negotiations every year. The Beach Club property is a critical and wonderful area in the Village. Various issues with the Beach Club have been kicked down the road for almost 60 years now. The Village does not have an active park and the idea of making the property an exclusive park for residents has been explored in the past, however when it comes to adding a line in the budget for Parks and Recreation, the idea becomes somewhat less favorable and some argue that it would not be a cost effective venture. Mr. McGregor suggested that the Village should offer the Beach Club a low lease payment this year as there will still be Covid related challenges and that moving forward they should put together a comprehensive group to study where things should go from here and propose a long-term plan for property.
The Mayor thanked everyone for their comments, further noting that the Trustees would discuss it and be in communication with Mrs. Takeuchi and Mrs. Darling.
Resolve to Approve the Building Permit for Rifkin Boathouse Located at 97 West Lake Road – The Board reviewed the Rifkin application for the construction of a Boathouse at 97 West Lake Road - The application has received the necessary approvals from both the Board of Zoning Appeals and the Board of Architectural Review. The Village code requires that the Applicant must demonstrate to the satisfaction of the BOT that the construction will not be detrimental to the water supply, and their approval is needed before the application can proceed. There was a somewhat lengthy discussion, after which it was agreed that the attorney would draft a resolution for approval later in the meeting. Resolve to Send a Thank You Letter to OCDA David Hoovler for Donation to the COTPPD for the Purchase of Two Body Worn Cameras Valued at $1,000 – The Board voted unanimously in favor of authorizing the Mayor to send this letter. Resolved to Renew MWG Vision Plan – The Board voted unanimously in favor of authorizing the Mayor to sign the agreement of renewal.
Executive Session:
The Board then entered into an 80 minute executive session to discuss two separate Village Employees and an Article 78 Litigation.
New Business Continued: Rifkin Boat House Approval – The Board voted 4-1 in favor of approving the application conditioned upon the approval of the New York State DEC and compliance with any conditions set forth by the BZA and the BAR. Trustee McHugh abstained because he was participating via the telephone. Resolution Authorizing Purchase of Replacement DPW Vehicle and Cancellation of Previously Ordered DPW Truck and Snowplowing Equipment – The Village is in receipt of a proposal from Reed Systems, Ltd. for a replacement vehicle at a price $70,430. The Board voted 4-1 in favor of the resolution with Trustee McHugh abstaining because he was participating via telephone. Approve the Appointment of Elizabeth Doherty as Village Clerk-Treasurer – As more information is needed before this appointment can be made, this was tabled. Resolution Authorizing the Mayor to Execute an Extension of the 2015 Memorandum of Agreement with Michael Bruno and Alexander J Jakowec Through June 30, 2021 – The Board voted in favor of adopting the resolution. Special Meeting and Public Hearing for the 2021/22 Budget – The Board scheduled a special meeting for Tuesday, March 30 at 7pm for the purpose of discussing a request by a resident to make an exception to the Village Code in order to allow film production at their residence. Further, they set the Public Hearing date for the 2021/22 Budget on Wednesday, April 14 at 7pm.
The Village Board of Trustees met on Wednesday, February 17 at 6pm via Zoom.
The first hour of the meeting was dedicated to a public hearing on a certain unnamed paper road known as Brook Road.
To listen to a recording of the public hearing, clickhere.
*TPFYI gained access to the meeting at 6:03pm after it had been underway for about 2 minutes. The recording begins roughly one minute into the first public comment. (Sally Sonne)
At 7pm the hearing was continued to March 17, 2021 at 6:45pm and the regular monthly meeting was opened.
Mayor’s Comments:
There were none
Reports:
Click here to view the Police Department Report
Click here to view the Water Department Report
Click here to view the DPW Report
Click here to view the Building Department Report
Click here to view the Communications Committee Report
Click here to read the Police Reform Committee Report
Click here to read the Town Board Liaison Report
Town Board liaison Michele Lindsay noted that there were certain items within her report that she would like to verbally highlight in order to make sure people were aware of them.
The sewer LDC held their annual meeting earlier that day. The group continues to work towards their goal of opening the new sewer plant so that they can lift the current sewer moratorium. There are 20 residences in the Village that are in the Hamlet sewer district.
Cleanup continues at the contaminated mulch pile on Long Meadow Road. The Town is spending $250,000 annually until the DEC lifts the consent order on the contamination.
Next week, members of the Town Board will begin taking a look at a redlined version of the Special Permit that has been submitted by Tuxedo Farms. They look forward to seeing what the new proposal is and as soon as possible they will get the public involved.
The Town and the Village have begun working together to improve communications regarding water service. There was a lot of confusion in the Hamlet and the East Village surrounding the recent boil water notice, which many felt was not widely enough disseminated. It is the responsibility of the Village Water Department to communicate with its’ customers however a fair amount of anger was directed at the Town from residents who didn’t understand where their water comes from and who is in charge of it.
Last year the Town decided to invest $35,000 to engage an appraiser to reappraise State owned parkland in the Town. (The State is the Towns’ largest taxpayer.) They may end up having to negotiate but what they believe will happen is that the tax burden will be more fairly distributed across taxpayers. They will not receive any more income but the State will end up paying a greater portion of taxes. This will be the case for both the Town and the School. Similar reappraising has taken place in both Stony Point and Haverstraw and has been successful.
Speaking to the issue with the Water Department, Mayor McFadden reported that the department would be collecting contact information from everyone in the Hamlet District who utilizes Village water and that appropriate notices will be sent out through the Village moving forward.
Board Attorney suggested that the Village might want to reconsider the idea of having the Town establish a separate water district for this area. If approved by the Town, this would give more formality to the District and even though the Village supplies the water, it would give more control to the Town in terms of oversight and billing. This idea initially was proposed several years back but was rejected by the Town at that time.
Mayor McFadden then asked Chief Conklin to speak to the Police Reform Committee Report. The Chief reported that after a long process with the committee and the completion of the community wide survey, a plan for the Village department has been put together and posted to the Village website for public review. Residents are encouraged to take a look at it and provide comments, suggestions and general feedback, after which the plan will be amended accordingly, adopted by the Board and submitted to the State.
Public Comments:
Maureen Coen expressed her concern with regard to a proposed cell tower on Ridge Road. She began by acknowledging the Communications Committee for their hard work and congratulating them on a job well done. She then noted that the proposal currently before the Board from Tilson called for the construction of a 12 story (120 foot) cellular tower on Ridge Road (one of the highest points in the Village). She feels that the construction of such a tower would be unsightly and that it would pose potential health risks for the community. Towering 5 stories (50 feet) over the average tree height, it would be visible from many vantage points in Tuxedo Park, including from Tuxedo Lake. The current proposal, if implemented, would create blight and greatly impact the Village view shed. She further highlighted several issues with the process including the lack of guidance from independent experts, as well as research into alternative options. She has spoken with an engineering consultant who is implementing alternatives to tall cell towers on the Harriman estate, which has similar terrain issues to the Village. She suggested that if the Village was serious about improving cell service and also considers protecting the scenic landscape a public necessity, that they should treat enhancing the service as an infrastructure project like building a dam or improving the roads and should obtain advice from independent experts in this area as soon as possible. She cautioned that this decision would permanently impact the scenic landscape and the quality of life and health of the Village community. She feels that such a lasting and impactful decision cannot be made arbitrarily or capriciously.
Mayor McFadden responded by reading the following recommendation, which has come to the Board from the Communications Committee: “We have the best and final proposal from Tilson for a 4G micro tower. In order to ensure the community that we are being presented with all the best options for cell service, we suggest the BOT hire an independent consultant, who is expert in this industry, to research any other options that can best serve the community within a short but reasonable timeframe. Technology evolves swiftly and constantly. The Village owes it to the community to see if the consultant recommends other options as well.”
He assured everyone that the project would not be moving forward without the proper analysis. The committee was only tasked with providing information. They are not making any recommendations. They have completed their work and turned things over to the BOT, but the Board has yet to discuss it. Therefore, it is extremely unlikely that the Tilson proposal would be approved at this juncture. He further suggested that if Ms. Coen would like to be involved, he would have no issue with her assisting. Ms. Coen responded that she would love to get involved.
Communication Committee Chair Paola Tocci added that when she had served on the Board of Architectural Review that they had used an independent consultant and had found his input to be of great value to both the applicant and the BAR. She whole-heartedly endorses hiring an independent consultant who could present to the Village other potential options. She further noted that she hoped the consultant would have independent resources for testing as well. She would not want all of the health and safety testing to be in one person’s hands. Testing options should come from the independent consultant and not the vendor.
Speaking to the earlier discussion of potentially developable land along Brook Road, Claudio Guazzoni suggested that if somebody were to purchase this property from Michael Bruno and put houses on it as part of the Town of Tuxedo, the Village may very well have to grant those home owners access to the property via the Front Gate.
Board attorney Brian Nugent responded that it was his understanding that the agreement prohibited the property from being developed and/or sold and then developed.
Speaking to the situation with the Water Department, Mr. Guazzoni noted that several years back he had spoken with Suez, who indicated that they would be very interested in acquiring the 324 Hamlet water customers from the Village for a large sum. He further noted that supplying these particular customers with water was costly for the Village in many ways and that they might want to consider exploring such a sale.
Chiu yin Hempel commented that she was delighted to know that the Village was only in the preliminary stages of investigating the various possibilities for increased cell service. She agrees with Ms. Coen completely with regard to the concerns about aesthetics and the impacts on the view shed as well as potential health threats. She was glad to hear that the Village would be seeking independent opinions and she offered her time as a volunteer to help with the process if needed. She cautioned that the issue needed to be explored from all angles.
“This exploration of a cell tower could die out very quickly,” point out the Mayor. “There really is no vested interest by any of the Board members to install a cell tower at any particular spot in the Village. But I do recall that it was a campaign issue and there are quite a few people in the Park who would like to see better cell service and I am doing my job and I am going through those motions.”
Mrs. Hempel inquired as to whether or not the Village would receive any income from hosting the cell tower.
The answer was yes, roughly $12,000 annually with contractual increases.
Ms. Tocci added that she would be happy to forward the names of several potential consultants to the BOT for their consideration/review.
Jake Matthews noted that he was glad to hear that planning was still in the early stages. He went on to echo the sentiments of Ms. Coen and Mrs. Hempel in terms of both health and aesthetic concerns. “Once something is up,” he stated, “you really can’t go back on it. Tuxedo Park has such a magnificent geographic landscape and we should not mar it with something that has not been thoroughly thought through, where the negatives might outweigh the benefits.” He agrees that an independent consultant should be hired and further suggested that while cell service in the Village does need to be improved, the ultimate goal should be to improve it in a thoughtful way for the residents, rather than installing a tower that would benefit multiple communities around the Village. “What we don’t want is a company to come in and install a tower that serves us in a limited way, but then they are making money hand over fist distributing cell service to everyone else. This should be a very targeted solution for our community and done thoughtful to protect health and our view sheds.” Finally, he stated that he was not sure that Ridge Road would be the appropriate pace for a tower, although he further noted that he is biased being that he lives in that area and is raising his young son there.
Chris Mahan agreed with the previous speakers, further commenting that he believed a lot of the excitement was the result of the fact that the original meeting agenda suggested the Board would be resolving to sign the Tilson agreement, although this was later changed to a discussion rather than a vote. He suggested that the installation of such a tower should be taken seriously and not viewed as a revenue-generating event for $12,000. He suggested that the process should include significant studies. “We all know that the telecommunications industry has huge resources,” he pointed out. “Taking advice from them is like taking advice from tobacco companies that say it is safe to smoke.” He suggested that if they were seriously considering altering the landscape he hoped the Village would undertake visual impact studies, to include a crane to demonstrate the actual impact for residents, and that additionally a significant amount of process would likely be involved including SEQR, (tower would be a type 1 action as it would be over 100 feet) approval from the New York State Preservation office and both the Planning and Architectural Review Boards. Finally he cautioned “If the Board voted to put up a 120 foot tower looming over Tuxedo radiating energy across all its citizens, it would probably be the single most defining thing that you would be remembered for and our grandchildren would be remembering you as they looked up at that tower. I don’t think this is an inconsequential decision and it should be taken with great thoughtfulness, care and thorough diligence.” He believes there are other alternatives and that the consultant should be utilized to find one that is more suitable for the Village community.
The Mayor noted that he had made an error with the agenda. He apologized for any consternation that the initial agenda may have caused, further noting that he agreed with everything Mr. Mahan had said and assuring him that this was the direction in which the Village would move forward.
Greg Beard stated that he agreed with everyone who had spoken before him and that he would hate to see a cell tower go up. He believes that the Village should not waste their time even considering it and that they should not make use of resources exploring an option that they should not move forward with. “The Village has never had good cell service. We kind of all know it and live with it. There are solutions you can get in your own home and on your own property to deal with it.” He further suggested that one of the professionals who had visited his home had advised the service might be improved were the village to install a repeater at the water treatment plant, the Village office or the DPW plant.
The Mayor reiterated that the discussion was only in its preliminary stages further commenting “I don’t consider this proposal for a tower from one vendor to have any significance beyond information being handed to the Board to consider and to invite the public in for their viewpoints.”
Mr. Beard cautioned that if they were to move forward with it, he believed there would be a number of people who would fight it “tooth and nail” and that if there were any individuals who wanted to further study the tower option, they should be asked to fund those studies themselves.
Claudio Guazzoni commented that he felt a cell tower would be a dreadful idea, pointing out that property values would likely be impacted that it would not be fair to the people living on Ridge Road to diminish their real estate in that way.
Mayor McFadden agreed, stating that it was the vendor who had proposed the Ridge Road location and that there had been no formal follow through on the part of the Village to put anything there.
Ms. Tocci reiterated that a cell tower was only one of many options and that the independent consultant would be able to present additional options. She further noted that additional independent consultants could and should be utilized to address people’s concerns about health and safety.
Jake Matthews noted that there were cell towers surrounding Tuxedo Park and he thinks an independent consultant might be able to suggest ways of leveraging those existing towers rather than installing a new one inside a historic community.
Old Business: Discuss Tilson Proposal To Provide Cell Tower Service to The Village of Tuxedo Park – The Trustees briefly outlined their positions with regard to the proposal and the idea of enhanced cell service in the Village. Trustee Kasker noted that there was still a lot of work to be done. He noted that he had spoken with a resident earlier idea who expressed frustration at the idea that a tower might go up so quickly when he had been struggling to get BAR approval for what he believed to be a relatively simply project. Trustee Kasker further suggested that the issue of improving service had really come to light last August when the Village was without power for an extended period of time and many residents struggled to get service. He expressed concern with the idea that those residents who did not maintain a landline might not be able to call for help if needed in these types of situations. He feels that the Village definitely needs to pursue the exploration of options, whether this means an expert consultant or some other method and it is an expense they should budget for in the upcoming year.
Trustee Gluck agreed that funds should be budgeted. He noted that there is a lot to be examined and considered, but he believes they should do it.
Trustee McHugh stated that he was not in favor of a cell tower but was more than happy to explore other options. He thinks it makes a lot of sense to bring in a consultant, who will be able to more clearly frame the issues. For him, it is a function of what the Village can afford in the budget and getting some ideas on vendors and costing.
Trustee Shaw agreed with Trustee Kasker’s comment about individuals who don’t have landlines, expressing concern over this issue and suggesting that the Village should explore solutions. Resolve to Hire Part-Time Police Officer – On the recommendation of Chief Conklin, the Board voted unanimously in favor of hiring part-time police officer Giana Capone. Officer Capone was on the Zoom call and proceeded to introduce herself to the Board and thank them for the opportunity, noting that she was looking forward to working in the Village. Resolve to Approve Separation From Service Policy – The Board voted unanimously in favor of approving the separation from service policy. Resolve to Approve Ex Post Facto the Emergency spending to Hire Leak Detection Firm – During the recent water main break, which resulted in a boil water notice for water customers in the Hamlet, the Village had to bring in a leak detection expert at a cost of $6,600. Following a somewhat lengthy and confusing discussion regarding the work that had been completed vs. the work that remains and associated expenses, the board voted unanimously in favor of approving the emergency spending. Resolve to Approve Ex Post Facto the Emergency Spending for Dam Certification – The Board voted unanimously in favor of approving this expenditure. Resolve to Approve Website Vendor Civic Plus – After researching multiple vendors, the Mayor has recommended moving forward with Civic Plus for a Village website redesign. The estimated cost is $12,000 spread out over a year. Budgeting was discussed and the Mayor proposed that the initial $4000 be taken from the money that had been set aside for redundant booth equipment.
Trustee Gluck stated that he was in favor of moving forward, commenting that he felt the upgrade was much needed and long overdue.
The Mayor noted that Civic Plus was a well-respected firm that had been utilized both by the Town of Tuxedo and Orange County.
Trustee Shaw commented while some of the public might feel it was not worth the expense to update the website, however the new site would provide services such as online bill paying and access to 311 services. She feels it is a worthwhile expense.
Mayor McFadden added that the current site is not ADA compliant and this is something that needs to be immediately addressed, but it cannot be done with the current site, which is actually a Word Press blog. If the Village were to sign an agreement the entire process would likely take 5 months. Once Civic Plus has been brought on board, one of the first things they will do is to conduct a community survey in order to determine which services and features are of interest to them. Following some further discussion, the Board voted unanimously in favor of moving forward with Civic Plus.
New Business: Resolve to Cancel “Bespoke” DPW Truck and Snowplowing Equipment Purchase at a Cost of $193,000 and to Pursue a Replacement Truck and Snowplowing Equipment not to Exceed $150,000 – Following a lengthy discussion it was agreed that this decision would be tabled until more information could be gathered. Resolve to Approve the Purchase of Two Tasers for the VTPPD – Chief Conklin noted that this was being considered as part of the police reform under the Use of Force category. An incident occurred in the Village less than a month ago where the one officer working responded to a mental health related call that turned into a physical, hands on altercation. Situations like this create the potential for injury both to the individual being arrested and the officer. The Tasers are equipped with warning systems that let people know what is coming. A few years back, one of the officers was confronted by an individual with a knife. “That Officer could have easily shot that guy and been justified. We don’t want it to get to that. We hope we never ever ever have to use the Taser, but we want it at our disposal in case we need it.”
Trustee McHugh wondered whether the Taser was mandated.
The answer was no. The Chief outlined the current force continuum, which consists of verbal warning, pepper spray (not always effective) and then firearms. “We are just looking for one more line of defense so that we can avoid a potential shooting if we have to.”
Trustee Gluck pointed out that there was a substantial amount of training involved with obtaining the certification needed to operate the Tasers and it was not as though they were going to be handed out to every officer to carry.
The Chief concurred.
Following some further discussion the Board voted 3-1 in favor of approving the purchase, with Trustee McHugh voting against. Resolve to Accept Bid on Surplus Police Equipment – This pertains to surplus equipment that was stripped from old police vehicles and put for sale by the Chief with the permission of the Board. The parts fetched $517 and the Board voted unanimously in favor of accepting the bid. Resolve to Approve Grant Application – The Board voted unanimously in favor of allowing the Chief to move forward with a grant that will enable replacing laptops with tablets, subject to review by the Village attorney. Resolve to Authorize Wee Wah Fishing Club to Repair Dock – The Board voted in favor of allowing the WW Fishing Club to move forward with dock repairs. At the request of Trustee Shaw, before and after pictures of the dock must be provided in order to ensure that it remains the same size. Resolve to Approve the Tuxedo Club Fireworks Application – There was a lengthy discussion regarding the Clubs application for fireworks, which mainly centered on Covid-19 and what restrictions may or may not be in place come July in terms of crowds gathering. Ultimately, the Board voted 3-2 in favor approving the application with the condition that the club must comply with all regulations at the time of the display. Trustees Gluck and Shaw voted against the approval.
The Board then entered into an executive session to discuss litigation and employees and union negotiations.
The Board of Trustees of the Village of Tuxedo Park is considering discontinuing a certain road that was dedicated to the Village in 1953 as a Parkway by the Tuxedo Park Association as follows:
Unnamed Paper Road parcel (approximately 1,800 feet in length) between tax parcels Section 103, Block 1, Lot 12 and Section 103, Block 1, Lot 49.2, and Section 103, Block 1, Lot 11.2; and, Town of Tuxedo parcel Section 8, Block 1, Lot 25.
The proposed amendments and related documents are available at the Village Clerk’s Office, 80 Lorillard Road, Tuxedo Park, NY 10987, Monday – Friday, 9:30 a.m. – 4:00 p.m.
Special Village Board of Trustees Meeting January 25, 2021
The Village Board of Trustees held a Special Meeting on Monday, January 25 at 3pm.
Mayors Comments:
There were none.
Public Comments:
There were none
Old Business: Resolve to Approve December 16 BOT Minutes - The Trustees voted in favor of approving the December 16 minutes. Resolve to Approve Debbie Matthews To Continue Training Her Replacement Elizabeth Doherty Through The End of May – The Board voted unanimously in favor of hiring Debbie Matthews one day a week at a rate of $355.74 per day to continue training her replacement, Elizabeth Doherty, through the end of May. The total expense will be $6,047.58. Resolve to Reschedule the Public Hearing to Discontinue a Portion of a Paper Road, AKA The Lower Brook Road, for Purchase by Resident Michael Bruno for Wednesday, February 17, 2021 at 6pm – The Trustees voted unanimously in favor of rescheduling the hearing for February 17 at 6pm.
New Business: Resolve to Adopt a Separation Policy – As the policy was not ready, this item was removed from the agenda. Request to Adjust Account #64501 in the Amount of $646.87 – A voucher was submitted to refund the customer for the credit amount on file following the sale of the property. The Board was in unanimous support of the request. Resolve for Weston & Sampson to Complete the Annual Wee Wag Dam & Pond No. 3 Dam Certifications – This was discussed for about 10 minutes. Trustee McHugh commented that the engineering firm CHA had performed these certifications for the past 3 years and he felt that for the sake of consistency that the Village should continue with them. He also noted that having worked on the Wee Wah Dam, CHA was better equipped to answer some of the questions that might arise and further that they had a strong interface with the DEC. He suggested that rather than to approve a firm at this time, they should consider approving a dollar amount.
John Ledwith suggested that utilizing Weston & Sampson would ensure a system of checks and balances. While there was no issue with keeping CHA involved in dam maintenance and DEC compliance, having another firm look everything over and complete the certification paperwork would allow them to make sure everything was truly in check.
The Mayor commented that he liked the idea of checks and balances.
Trustee Gluck stated that he felt both firms were good, but CHA was familiar with what would be required for the certifications while Weston and Sampson would likely need to collect information, which could well lead to accessory costs for the Village.
Trustee Shaw wondered if it were a complicated process and was informed that it not and consists of a 1-page form.
Trustee Kasker suggested that since both firms were strong they should choose the one that would be most fiscally advantageous for the Village.
Following some further discussion it was agreed that as the Board did not have estimates from either firm yet, they would authorize a dollar amount not to exceed $2,000, and choose the firm accordingly once the estimates had been received.
Audit of Claims : Discussion about BAR Billing of Engineers and Attorney’s Time Per Applicant – The Board discussed BAR’s billing of Engineers and Attorney’s time per applicant. Best practices must be developed. Mayor McFadden suggested that he would draft something up based on what the Planning Board uses and present it for approval at the next meeting. He suggested they hold off on billing until then. Trustee Kasker noted that he agreed that the process needs to be fair and equitable and that they need to make sure that the right professionals are in the meetings. He further commented that he had attended the January 21 meeting of the BAR at which they spent over an hour reviewing the architectural details of one home and 35 minutes reviewing plans for a proposed pool at another. No decisions were made and neither project was granted an approval. While the attorney was present the entire time, he was never called upon nor did he weigh in, yet he will surely bill for the time.
The Mayor wondered if the BAR might consider having two types of meetings, one formal and the other informal. The informal meetings might focus on architecture and engineering comments and discussions, while the formal meetings would be reserved for decision making. If this were to come to pass, perhaps the attorney would only be required at the formal meetings. This is just an idea however. He further noted that the BAR had recently approached the Village and asked them to take a look at the Design Guidelines in order to possibly enable some updates/revisions. Approved/recommended materials are of particular concern to them in that there have been advancements since the guidelines were originally put together and what might not have been considered appropriate or in keeping with the historic nature of the Village has changed with the development of new materials.
Ultimately it was determined that they would take a closer look at the bills and work towards establishing best practices moving forward.
The Board then entered into an executive session to discuss separation policy and water invoice settlement.
Village Board of Trustees Meeting January 20, 2021
The Village Board of Trustees met on Wednesday, January 20, 2021 at 7pm via Zoom. All members were present.
Mayor’s Comments:
Mayor McFadden opened the meeting by commenting that he had posted a number of reports to both the Board and the Public. He encouraged everyone to take a look at the Police Department’s Annual Report, which is a report put together by Chief Conklin summarizing the past year. He further noted that although there was no formal report at this time, the Communications Committee was very close to negotiating a contract for a new cell tower. Additionally, Village engineers, Weston & Sampson, completed a structural review of the DPW building. While there appear to be no substantial structural issues with the building itself, there are a number of other issues, (stairs, lighting etc.) which will need to be addressed moving forward.
Reports to the Board & Public:
Click here to view the Police Report
Click here to view the Police Department’s Annual Report
Click here to view the DPW Report
Click here to view the Building Department/Construction Report
Click here to view the Water Department Report
Click here to view the Engineering Report
Click here to view the Budget Report
Click here to view the Village Litigation Report
Click here to view the results of FYKE Bird Count
Click here to view the Town Liaison Report and here to view the notice for an upcoming meeting of the Tuxedo Farms LDC.
There were no comments from the Trustees on any of these reports.
Public Comments:
Robert Brown noted that he had noticed additional commercial traffic in the Park on the weekends, mainly FedEx and Amazon. These trucks frequently stop in the middle of the streets, creating a safety hazard when cars have to drive around them. He wondered if there had been a change in policy as he had been under the impression that commercial traffic was not permitted on the weekends.
Mayor McFadden responded that the Board and the Police were well aware of this issue and that they had taken steps to address it this past summer by limiting the hours during which commercial vehicles can enter the Village on weekdays. Chief Conklin concurred adding that deliveries were not permitted (without request for an exception) past 5pm on weekdays. He added that deliveries are allowed on Saturdays but not Sundays. He further suggested that they could look into discontinuing the allowance of Saturday deliveries if desired. Trustee Kasker suggested that prior to making any changes they should explore the issue further and get feedback from the public. Either way, Mayor McFadden assured Mr. Brown that the vehicles should not be stopping in the middle of the road and they would look into it ASAP.
Claudio Guazzoni commented that it had been his understanding that there was supposed to be a public hearing on the discontinuance of “an unnamed public road” earlier that evening at 6:45pm, but the hearing had not occurred. He wondered if the hearing had been cancelled or postponed.
The Mayor responded that the hearing had not been planned for “un unnamed public road” but rather concerned the lower Brook Road and the subsequent agreement with Michael Bruno. “You should know this because you were on the Board when the Village made this deal,” commented the Mayor McFadden, further explaining that Mr. Bruno has an option to buy the lower portion of the Road but before that can happen, it must be discontinued. The discontinuance requires a public hearing. The reason the hearing had been postponed was due to a clerical error on the notice. This was announced via an email circulated by the Mayor to residents earlier in the day.
Mr. Guazzoni inquired as to whether there would be a public hearing to consider the discontinuance of the road connecting East Lake Road and Tuxedo Lake.
The Mayor responded that that particular hearing had already taken place and the road had been discontinued several weeks back.
“So, we are not having another hearing tonight?” pressed Mr. Guazzoni.
The Mayor reiterated that another hearing was not needed as the road in question had already been discontinued. “Didn’t you make a series of accusations? Would you like those to be addressed?” continued Mayor McFadden. “You made a series of accusations about side deals, inside deals, land sales, public bids and all sorts of stuff. You claimed there were people who were willing to pay $150,000 if it has a dock. Do you want to ignore those comments you made or do you want to discuss them publicly?”
“Mayor, keep going,” responded Mr. Guazzoni. “You are a great playground bully and you are adding to our Article 78. Keep going.”
“In that case,” replied the Mayor, “I will ask the attorney to address those matters because he is our expert and we rely on him.”
Village Attorney Brian Nugent advised the Mayor that these comments should not be addressed during the meeting and that they should move on.
Michael Coleman thanked the DPW for their hard work during the last snow event. One of the workman noticed that Mike was struggling to get up Crows Nest Road and went beyond the call of duty to ensure he was able to get up there by blazing a path. “Thank you to Jeff Voss and the great workers of the DPW for being out there and being vigilant.”
Old Business: Workers Compensation Insurance PERMA – This coverage represents old Workman’s Comp claims that are still being paid out. Following some discussion, the Board voted unanimously in favor of extending it.
New Business: Resolve to Approve Weston & Sampson Training of PFAS Sampling Protocols and Labs – The Board voted unanimously in favor of this resolution. Resolve to Approve Weston & Sampson Recommendation for Control Panel Installation - The Board voted unanimously in favor of this resolution. Resolve to Establish Procedure For Tax Assessment Settlements – This was discussed at some length. Trustee McHugh commented that while he admired the attempt to democratize a process, he didn’t feel that what had been proposed allowed the Village the latitude or the leverage needed when meeting in front of the Judge. He agrees that the process needs to be enhanced, but he feels it would be better to have a group buy in prior and then designate one or two Trustees to appear before the Judge. Trustee Gluck concurred, suggesting that what had been proposed made for a good start but he felt there was “a more elegant” way to get there.
Ultimately, the Board voted 3-2 in favor of approving the resolution with Trustees McHugh and Gluck voting against. Resolve to establish a committee of community stakeholders in compliance with Governor Cuomo’s Executive Order. The New York State Police Reform and Reinvention Collaborative. Members of the Police Reform Committee are: Police chief Dave Conklin, Mayor David McFadden, Trustee Chris Kasker, Father Richard “Rick” Datos-Robyn, Joshua Scherer and Serena Mueller – Mayor McFadden explained that the Governor had passed an Executive Order following the George Floyd case whereby the State is asking all police departments in the State to evaluate their method of policing and their techniques of policing. There is an April deadline by which each municipality must accept a plan that reflects consideration of requests made by the Government. Each municipality is required to put together a committee to meet with the police and review the way they police and move towards community policing and/or move towards reallocating budget from one section to another. The committee will make a report to the public, and the public will be able to review the plan and make comments via public hearings.
The Chief and the Mayor have put together the committee as noted above.
The Board voted unanimously in favor of ratifying the committee. Resolve to sell surplus Police Equipment – Following a brief discussion the Board voted in favor of selling surplus police equipment as detailed by Chief Conklin, with Trustee McHugh abstaining because he could not find the list within his Board packet and did not want to vote without seeing it.
Approval of Minutes :
Following some discussion the Board agreed to table the approval of minutes.
The Board then entered into an Executive Session to discuss litigation and employees.
*This evening's Public Hearing on the purchase of the lower portion of a Village Paper Road, a.k.a. Brook Road by resident Michael Bruno has been postponed.
Village Board of Trustees Meeting December 17 2020
The Village Board of Trustees met on Wednesday, December 16 at 7pm via Zoom. All members were present.
Mayor’s Comments:
Mayor McFadden opened the meeting by wishing everyone happy holidays and acknowledging the impending winter storm, for which the Village is well prepared. Garbage pick-up for Thursday, December 17 has been cancelled and the Village Office will also be closed on that day. DPW and Police have extra manpower standing by in case it is needed. Anyone with special safety requirements or who might want a safety check for either a loved one or a pet is encouraged to contact the Police Department at 351-4741.
Covid-19 cases and subsequent hospitalizations have increased in Orange County and the Village is advising all residents to be careful and to continue following the CDC guidelines.
Village Engineer Q & A Regarding Sewer Line Repair:
The Mayor introduced Joe Zongol of Weston & Sampson, who provided the Board with a summary of their recent memo concerning SSES (sewer remediation) and I&I (inflow and infiltration) issues in Village and their recommendations for how they should be addressed.
Explaining that the Village has a SPDES permit, (discharge permit) which allows them to operate and maintain the wastewater treatment plant and associated collection system, Mr. Zongol further stated that there is an I&I problem within the collection system, allowing for infiltration of groundwater into the sanitary system and inflow (illicit connections, sump pumps, etc.) This increases both the flow through the plant as well as chemical usage and dilutes down the ability to effectively treat the wastewater. As part of the SPDES permit, the Village is required to remediate some of the I&I within the system. This is something that has been ongoing for a number of years. A portion of the project is currently under construction and will be substantially completed as of December, with an anticipated return credit of $121,815 to the Village on the $451,582 contract.
Within the project, there was a section of pipe that was discovered to be 4inches in diameter as opposed to 6inches as originally indicated. Because 4-inch pipe is more difficult to install, remediating/relining this pipe could prove to be extremely expensive for the Village, even with a change in material from clay tile to PVC. W & S is recommending that the Village not remediate this small section of pipe, which is actually contributing a relatively small amount of I&I and rather approach the DEC and substitute it with a section in the Village that has yet to be investigated but is likely to be contributing a much higher quantity of I&I and will move to achieve the Village’s goal of attaining more I&I reduction for the same value, while holding the contractor to his provided price.
Next Mr. Zongol moved on to the Overton Subdivision project, for which there has been an agreement cast between the Village and the applicant, whereby the DEC is mandating that for every house constructed which adds to the sewer flow in the Village the applicant must provide compensation to do a 3:1 offset for I&I compared to the base sanitary flow. Three areas within the Village system, referred to as “trunk sewers,” where clay tile pipes are in close proximity the lake t have been identified. W&S is recommending that by the process of flow isolation they determine whether or not there is substantial I&I in the trunk sewers and if so, they will meet with the DEC to see if they can substitute remediation of this project for the 4 inch pipe. At the same time, this can be coordinated with the Overton Project and a legal agreement can be executed for partial reimbursement to satisfy their need to remediate I&I. This way the Village can get significant reduction while the Overton Project can meet their needs. The trunk flows have been identified for three main reasons. First, there have been reported sewer overflows during high rain events and this could pose a public health concern flowing into the lakes. Secondly, the Village has received a notice of Violation from the DEC for excessive flows, which requires that they submit a work plan to address certain items and specific sub-basins have been identified for investigation. W&S has inserted a clause into the work plan, which states that if the Village were to find another significant source of I&I, they reserve the right to negotiate with the DEC to remediate these instead of investigating, designing and constructing repairs to the identified basins, which could be quite costly for the Village. Finally, remediation of the trunk sewers could work in concert with the Overton Project and since the current construction project is being funded by grant monies and through low and no-interest loans, with a credit of roughly $120,000, that money could then be applied toward these projects if they are found to be significant contributors to I&I. If they aren’t, the credit could go back to the Village or be used in some other fashion.
Trustee Gluck commented that it was his understanding that there had been no reported sewage overflows. The one instance that was reported to the Board was reviewed and determined not to be an overflow.
Mayor McFadden countered that there had been a visual inspection after which it was determined that there had been an overflow.
Secondly, Trustee Gluck expressed concern that the Village should be careful not to “give away more than they have to” with respect to Overton and their obligations. He pointed out that according to the agreement it was Overton’s responsibility to fully fund any I&I required by the DEC in order to allow the lots to be connected to the system. While cost sharing is a possibility, he urged the Board not to get too far down the road with incurring expenses unless they had an understanding that reflects the cost sharing to its full extend within the agreements.
This was discussed.
Trustee McHugh concurred with Trustee Gluck that there had not been an overflow situation, noting that Jeff Voss had investigated and determined that a report did not need to be filed.
Secondly, with regard to the DEC notice of violation, he pointed out that after filing the work plan, the response they had received from the DEC noted that the Village had applied for a grant and were moving forward with the second phase of the I&I construction and that this would satisfy their requirement. He further pointed out that at the previous BOT meeting, the Board had approved a proposal for W & S to complete an analysis of phase-one in order to determine whether or not it had been successful.
Mr. Zongol concurred, noting that his recommendations had pertained to another section of the work plan, which requires the investigation of additional sub-basins.
Trustee McHugh responded that the Village has a responsibility pertaining to their SPDES permit and addressing I&I flows and that there are certain benchmarks they must hit with the DEC. Phase one has been completed and the benchmarks were not achieved. Now they are working on phase two. Once completed, he feels they need to analyze the work and if they have succeeded, then they will be in compliance with their permits.
Mr. Zongol replied that regardless of the results of the flow analysis study, the DEC has indicated that the sub basins will need to be investigated. He further stated that in his estimation it was unlikely that at the completion of the current project the floes would be below the threshold to not necessitate further work.
Trustee McHugh suggested that they might be jumping the gun and that although the three projects that have been identified by W&S are likely large contributors to the I&I issues, they should not spend money until they have to.
Trustee Shaw brought up the Pond #3 line, wondering whether Trustee McHugh felt that they should not investigate this issue.
He affirmed that he did not feel they should move forward with it at this time.
The Mayor expressed his concern with this, asking Mr. Zongol to confirm whether or not the situation with Pond #3 constituted a risk.
Mr. Zongol recommended that the Village look at the Pond #3 line, stating that he felt the risk management benefit could be substantial.
Trustee Kasker wondered whether the Village would meet the DEC requirements if they chose to do nothing further at this time.
The answer was yes, with the exception of figuring out how to remediate the situation with the 4-inch pipe. If the Village invests $4,800 into flow isolation, they may be able to determine that ultimately money could be better spent addressing I&I elsewhere and avoid the costly replacement of the 4-inch pipe.
Trustee McHugh suggested that if they were to do nothing now and wait until March/April when they will have an analysis of the work already completed…should they discover that they were still non-compliant with the SPDES permit, they would then be in a good position to go back to the DEC and propose the flow isolation project in lieu of the 4-inch pipe replacement.
Following some further discussion, revolving around timelines and Overton’s involvement, the Q and A was brought to a conclusion.
Reports to the Board and the Public:
Mayor McFadden delivered the following brief report highlights: Communications Committee – A cell tower for Verizon and other carriers is now within reach. The committee will be obtaining contracts shortly and if things go well they will be signing an agreement to have the cell tower installed. The only bummer is that there is a yearlong wait list, so it would likely be late 2021/early 2022 before anything came to fruition. Police – A car went into Tuxedo Lake at the intersection of Turtle Point and West Lake Roads. Thankfully, everyone involved was ok. The Chief is requesting a guardrail for that area. This will be discussed moving forward, but the Mayor feels it is a “probably a very good idea.” Welcome Committee – This committee held their first meeting via Zoom at which they discussed the goals and scope of the committee, which is to improve the take-away information provided to new residents. The meeting was very productive and they will be meeting again in January. The Traffic Booth – The project is going very well and there are no setbacks at this time. Village-Wide Re-Assessment – The Mayor, Trustee Shaw and former Deputy Mayor Chris Hansen participated in a phone call with the Real Property Service Administrator (southern region) for the New York State Department of Taxation & Finance as well as the Director of the Orange County Real Tax Service Agency. Various options for the reassessment were reviewed in detail. Ultimately it was concluded that undertaking the reassessment would “not be worth it” at this time. Mayor McFadden invited anyone who had questions about this to contact him following the meeting. Building Department – Clickhere to view the Building Department report for the month of December.
Public Comments: Jim Hays commented that back on December 2 he had sent an email to the Board volunteering to work with the Lakes Manager to develop a long-range plan for the treatment of the Village lakes. He then read a portion of the email into the record. At the time that the Village hired a Lakes Manager the BOT made a unanimous verbal commitment to give an annual report to Village residents on the state of the lakes. Such a report was to include the work during done during the previous summer as well as the condition of the lakes relative to the prior year. It would also indicate which of the prior years’ objectives had been achieved while outlining plans and objectives for the following year together with long-term goals and objectives to improve the ecological health of the lakes. The appropriate time to compile such a report would be in the beginning of the year before the Board started budgeting for next years’ work. Mr. Hays has offered to work with the Lakes Manager to prepare a draft of such a report with the intent of submitting it sometime in either late January or early February. He asked them to please consider this offer.
There followed a discussion with regard to the development with a long-range plan rather than looking at things on a year-to-year basis. Trustee McHugh suggested that the Lakes Manager had already been charged with the development of such a plan but he did not have the data yet to compile it. Mr. Hays noted that there was data available from the year prior but to date, no long-term plan had been created. He reiterated his offer help draft it.
The Mayor along with Trustees Kasker and Shaw were in openly in favor of this and so it was agreed that Mayor McFadden would meet with Mr. Hays to go over the technical aspects of creating the plan.
Trustee Gluck, who also endorsed Mr. Hays’ involvement, further suggested that a Board representative should be included in the process.
In regard to a resolution on the agenda pertaining to a paper road, Planning Board Chair JoAnn Hanson noted that it was not quite clear whether the Village was intending to buy or sell a paper road, however she believed that unless there was a really strong or necessary planning reason for the Village to surrender its right to its roads she would recommend against it. Further, she noted that if a resident was currently involved in litigation with the Village, she would question why the Village might enter into voluntary negotiations with that resident while litigation was still going on. On behalf of the Planning Board, she advised that the Village should retain on all of its roads and rights because as they moved into the future, they did not know what use they may serve for the Village.
The Mayor responded that the item in question pertained to a deal that had been made with Michael Bruno by a prior administration. One of the required stages of the deal is for the Village to schedule a public hearing. He further suggested that Board attorney Brian Nugent would explain further when they reached that part of the meeting. Claudio Guazzoni congratulated Trustee Kasker on his skill in writing out the Mayor’s Reports, further noting the last one regarding Debbie Matthews had been very well written and done her “some great credit.”
Trustee Kasker responded for the record that he had had nothing to do with writing the Mayor’s correspondence. “I didn’t touch the report,” he stated. “I will never write a report. I will attend the Board meetings and vote appropriately and do appropriate research, so let the record show that Kasker had nothing to do with that. That was all the Mayor or somebody else.”
Secondly, Mr. Guazzoni pointed out that later in the meeting the agenda showed that there was a road to be decommissioned. He wondered whether this was the paper road off of East Lake Road or another one.
Mayor McFadden responded that it was the road off of East Lake Road that had been under discussion for the last several months.
Mr. Guazzoni stated that he felt that it was very important that Village assets not be sold off “willy nilly.” He further suggested that if the Village residents truly did wish to sell the parcel in question, that it should be put up at public auction and sold to the highest bidder. “Right now the Mayor’s friend is bidding $15,000, which is a ridiculous low amount for this desired parcel. Why is the Mayor afraid to use a public auction process to determine a fair market value for this parcel? I think that fair market value is determined by the auction process. I myself have a $50,000 bid on that parcel. I will pursue my bid very aggressively. I will not see the Village sell and transfer very valuable lands at below market value to the Mayor’s friends in a backroom deal. It will lead to lawsuits here. We are bidding very aggressively. Our plan is to turn it unto a public park.” He then reiterated that Village assets should not be changing hands in what he again alleged were “backroom deals,” further suggesting that by doing so the Village was taking money out of everyone’s pocket and transferring it to private individuals.
Ms. Hanson reiterated that if the East Lake parcel was indeed what was being discussed that she did not believe that the Village should be selling land to anyone but should rather retain its’ rights to those lands.
Mr. Guazzoni pointed out that the Maddens were currently suing the Village and that they should not be entering into negotiations with anybody with whom they were engaged in litigation. Michele Lindsay inquired about the resolution on the agenda extending a 2015 agreement, wondering specifically if this were the annexation agreement and if the extension was to allow for the SEQRA process.
The answer was yes.
Old Business: Resolution – Weston & Sampson Proposal – The Board voted unanimously in favor of authorizing the Mayor to sign the Weston & Sampson proposal in the amount of $29,500 regarding sewer trunk line investigations for Pond #3, Wee Wag Lake and Tuxedo Lake flow isolation, which will include tasks 1, 2, 3A, 3B, 3C, 6 and task 7. Resolution – Discontinuance of a Portion of a Paper Road – For the record, Mayor McFadden pointed out that there has been no agreement to sell this particular road for $15,000 as previously alleged by Mr. Guazzoni. Trustee Kasker added that all they were doing by way of this vote was to change the property in question from a road to a property. The Village stilled owned it and retained all rights. No sale could move forward without a public hearing.
Trustee Gluck wondered why they were moving to discontinue the road if they were not intending to potentially sell it. He asked them to consider why they were going to the time and expense of doing this now if they did not have a clear picture of their ultimate intent suggesting they should wait until they had better confidence in what they were doing before moving forward.
The Mayor responded that the action was based on a request from the Maddens, who had come forward with an informal offer to purchase the lower portion of the paper road, and that it was his intent to present them with a counteroffer that included contingencies, but before anything formal could take place, offer or counter-offer, the road needed to be discontinued.
Following some further discussion, the Board voted 3-2 in favor of the discontinuance with Trustees Gluck and McHugh voting against.
New Business: Resolution – Authorizing the Mayor to execute an extension of the 2015 agreement between the Village and Michael Bruno and Alexander Jakowic – Board Attorney Brian Nugent explained that this pertained to a 2015 agreement between the Village of Tuxedo Park and Mr. Bruno and Mr. Jakowic concerning several parcels of land. At the time of the agreement there was a discontinuance and transfer of portions of certain paper roads. There remains one parcel/paper road along the Village Boarder to be purchased by Mr. Bruno as well as the annexation of two parcels that currently belong to the Town of Tuxedo. An agreement between the Town and Related Companies/Tuxedo Farms had originally required the later to annex the two parcels into the Village of Tuxedo Park, but in the 2015 agreement Mr. Bruno agreed to take on the responsibility of annexing the parcels into the Village. The provisions of the agreement are set to expire on December 31, 2020, however the Town and the Village are still waiting on the SEQRA documents before the process can proceed. The proposed the extension will extend the agreement for 90 days, allowing the SEQRA process to conclude and the annexation to move forward. The Board voted unanimously in favor of approving the resolution. Resolution and Option – Requiring the Purchase of Former Village Roadway Parcel – The Board voted unanimously in favor of this resolution. (*this resolution was actually voted on before the extension) Resolution – To Schedule a Public Hearing for 6:45pm on Wednesday, January 20, 2021 to Discontinue a Portion of a Paper Road Enabling the Village to Proceed with Requiring Purchase of Former Village Roadway Parcel – The Board voted unanimously in favor of scheduling the hearing. Resolution – To Approve the Village of Tuxedo Park’s Continued Membership of Tree City USA - At Trustee McHugh’s urging, Tree Advisory Committee Chair Christopher Gow explained that the Village had been a member of Tree City USA for the last 4 years. The Group embodies the same basic mission as the TAB, which is the promotion and encouragement of the stewardship of trees, which involves planting trees and encouraging the use of native trees as well as educating people about the benefits of them. After 5 years, the benefits to continuing the Villages’ membership is that there will be more grants available which will allow the Village to procure free trees to plant. This is particularly important at the moment because of the Emerald Ash Borer. Residents may have noticed the large streaks of bark that have been breaking free from hundreds of trees in the Park. This is a result of woodpeckers attacking the borer larva on the bark. The Emerald Ash Borers lay their eggs on the bark and when they hatch the larva bore into the tree and its transportation tissue, which ultimately kills the tree. Most of the ash trees in the Park will likely die. Tree City USA and the associated grants provide the Village with an opportunity to both plant new trees and learn more about what they can do to combat the Emerald Ash Borers and spreading the disease they promote.
The Board voted unanimously in favor of passing the resolution. Resolution – To Proclaim April 30, 2021 as Arbor Day – The Board voted unanimously in favor of proclaiming April 30, 2021 as Arbor Day. Resolution – To Proclaim Debbie Matthews Day – The Board voted unanimously in favor of proclaiming December 4 as Debbie Matthews Day. Every year on this date an acknowledgement to the Debbie will be posted on the Village Website. Resolution - Adoption of New Retention and Disposition Schedule for New York Local Government Records – The Board voted unanimously in favor of adopting the new schedule. Mayor McFadden announced that the Village was in the process of cleaning out their files and would be bringing a shredding company into the Village to assist with some of the disposal. He will be announcing this when it occurs so any residents who have things that need to be shredded will be informed. Resolution – Police Department Equipment Disposal – This resolution was unanimously adopted. Resolution – NEAMI/PERMA Contract Renewal – As the Trustees had not had ample time to review the contract information, it was agreed that the resolution would be tabled. Resolution – Adjustment for Account #121 in the amount of $402.39 for Consumption Usage Recorded in Error – This pertains to an inaccurate water meter reading and subsequent error in billing. The meter was reread and the billing corrected. The Board voted unanimously in favor of approving the resolution. Resolution – Resignation of PO Ryle – The Board voted unanimously in favor of accepting the resignation of Police Officer Ryle. Officer Ryle accepted a full time position elsewhere and could no longer give the Village the part-time hours. Resolution – Approval of Management Letter for Auditors – The Board voted unanimously approved the letter.
The Board then adjourned into an executive session to discuss a particular employee as well as litigation matters.
Village Board of Trustees Meeting November 18, 2020
The Village Board of Trustees met at 6:45pm on Wednesday, November 18, 2020 via zoom.
Public Hearing – Discontinuance of Paper Road:
Prior to opening the Public Hearing Mayor McFadden asked the Village attorney to comment on the purpose of the hearing as there had been a flurry of false information widely circulated throughout the Village in the days leading up to the hearing.
It was explained that the purpose of the hearing was to discuss the potential discontinuance of a road. The Board must determine whether or not the parcel in question has any municipal purpose and should they determine that it does not, they may choose to discontinue it.
The Mayor asked the attorney to confirm that there was nothing with regard to the potential sale of the property currently before them and that they had not accepted a $15,000 offer on the land nor opened any sort of bidding process.
The attorney concurred, further stating that the Village was not currently contemplating a sale of the property or accepting any offers. Resolution – SEQRA:The Board then voted unanimously in favor of declaring itself lead agency under SEQRA.
The public hearing was opened.
There was a lengthy debate with regard to the property in question, which began with a history/overview from Sean Madden, who owns the parcels on either side of the paper road. Mr. Madden further addressed the recent community-wide emails circulated by Claudio Guazzoni, labeling the content therein as “malicious mistruths” which he suggested were “a figment of the alternate universe that he (Mr. Guazzoni) seems to inhabit.”
Mr. Guazzoni responded, asserting that he intended no ill will towards Mr. Madden but felt that if declared surplus, the property should be put to auction where it could fetch a fair market price, arguing that he believed this would be “the right thing at the right price for the residents.”
There ensued a somewhat contentious back-and-forth, which was peppered by intermittent comments and questions from various other members of the public and which focused primarily on the potential sale of the property. At one point Mayor McFadden silenced Mr. Guazzoni’s microphone in order to prevent him from speaking but then reinstated it at the request of several residents.
Ultimately, in an effort to calm the uproar, Mr. Madden put forth an alternate plan, which would allow the Village to maintain the paper road and by which the Maddens would formally request permission to landscape the lower portion of the road, pursuant to a BAR approved landscaping plan. They would also be willing to make a donation to the Village, financing the ZOOM equipment that is currently under consideration. “This, from my point of view, would maintain the status quo. Nobody can sue anybody about it. The Village will get some benefit. We’re going to beautify the property and we can put all of this nonsense to the side,” he stated.
Mr. Guazzoni agreed that this would be a good compromise and solution and further vowed to match the Madden’s donation to the Village as a show of “no hard feelings.”
The discussion continued for some time with Chris Hansen making points regarding precedent that had been set by previous administrations with the sale of paper roads and further debate over the potential sale of the parcel. “In an environment where our community should be inviting new residents, who want to invest in their properties and make our community a more attractive place, this kind of process is not a good inducement,” suggested Mr. Madden. “The Board, this process, Claudio has wasted an enormous amount of our time and a little bit of money…and it’s annoying…and new residents are watching…and they’re watching the BAR process and the more difficult we make it , the more we are going to drive people away to more inviting communities in Westchester and other places in the Hudson Valley.”
Following some further debate, the Public Hearing was closed.
Click here to listen to a full recording of this hearing.
The regular meeting was then opened.
Mayoral Comments:
Mayor McFadden expressed his gratitude to several Village employees. Village Clerk Debbie Matthews has been busy training her replacement Elizabeth Doherty
while simultaneously keeping up with her daily responsibilities. Noting that this takes an impressive amount of time and effort, Mayor McFadden further commented that the training had been going very well and that Elizabeth has demonstrated a real “can do attitude” which the he believes will be an asset to the Village. He thanked both women for their strong work.
John Ledwith represented the Village at SCAR hearings in Goshen. He did an exceptional job as he always does, and the Mayor thanked him for his efforts.
There was a serious water main leak at the intersection of Tower Hill and Tuxedo Roads a week or so ago. DPW Superintendent Voss and his crew worked around the clock to both investigate and fix it and then Superintendent Voss played a critical role in working with the County on managing the boil-water mandate, making sure that things were done correctly and that residents were kept informed. Mayor McFadden thanked him and the entire department for their time and effort.
Lastly, the Mayor thanked Police Chief David Conklin for his work surrounding Halloween, making sure that the officers and residents were well informed and ready and then ensuring that everyone who was out and about was safe and in compliance.
Reports: DPW Report - Click here to view the DPW report Police Report – Click here to view the Police report Water Synopsis – Click here to view the Water Department synopsis. Trustee Shaw inquired as to the outstanding water bills and how the Village went about collecting these debts. Trustee McHugh provided an overview of the process. Building Department Report - Click here to view the Building Department Report Litigation Report - Click here to view the Litigation Report
Public Comments on Agenda Items:
Enrique Corredor commented that he felt that remarks made by Sean Madden at the end of the Public Hearing about having a community where residents could improve their properties were extremely important. “It just seems like Claudio’s attempts here were simply to obstruct what the Madden Family wants to do,” he stated. “The concept that that small sliver of land could be turned into a park is pretty outrageous if anyone has seen that piece of property. It’s super thin. It’s 15 feet wide. You can barely fit a bench on it and it’s a super steep incline,” he continued suggesting that the email Mr. Guazzoni had circulated to the community, in which he suggested that there was going to be a public auction and that people should band together and formulate proposals to purchase the land, was disingenuous and obstructive. “I don’t like feeling this way,” he stated. He then suggested that Mr Guazzoni and Mr. Madden get together and put a stop to all the negativity by coming to an amicable solution.
Mr. Guazzoni responded that his desire was not to obstruct the Madden family, but rather to protect the rest of the residents so that the Village obtains a proper and fair price for the property. He went on to say that Mr. Madden could bid in the auction and that nobody was preventing him from doing so. “My desire is not to give that piece of property away..take it off of the books of the residents and put it into the hands of somebody at a below-market value. That’s all.”
There were no further public comments.
Old Business: Discussion – Comparing Quotes from ZOOM and BlueJeans for Village Hall – The Village requested bids from 3 vendors on the design and installation of a remote meeting product in the Village hall. This would be utilized by the Village Boards and, if interested, the Village court. Over the course of the Covid crisis, it has become apparent that live streaming of Village meetings allows for greater attendance and community participation. Once in-person meetings resume, this equipment will enable to Village to continue to stream, providing residents with both virtual and in-person attendance options.
The Village contacted ZOOM, Bluejeans and WebEx. WebEx did not respond. ZOOM has presented a few options, which differ significantly in price depending on the type of technology the Village wishes to use ranging from $10,000 to $30,000. The Village may be able to acquire some of the equipment through its municipal IT agreement with the Town of New Windsor, which would potentially lower costs significantly. No information was provided about the Bluejeans bid.
Given Mr. Madden’s earlier offer to fund the equipment, Mayor McFadden suggested that the Board table the discussion until the next meeting, which would allow them time to explore all of their options. Before moving on he asked Trustees Kasker and Shaw whether they had any thoughts to offer on this topic or on the topic of the resolution to discontinue the paper road. The resolution to discontinue appeared on the agenda, but was skipped over following Mr. Madden’s offer during the public hearing.
Trustee Kasker expressed his frustration at the fact that all of the discussion seemed to center around an offer to purchase the property, but this is not what was being decided. Whether the Board votes to discontinue the road or not, it is still Village property and he is unclear as to why they didn’t vote on it as planned and then discuss purchasing should it arise.
The Mayor responded that he believed purchasing was off the table at this point. He inquired of the attorney whether they would still need to do discontinuance if they chose to give Mr. Madden a revocable license to landscape the property and further whether such a license would be permissible under those circumstances.
The answer was yes, a revocable license, with certain conditions, could be granted without the discontinuance.
Trustee Kasker pointed out that there had been only one vocal resident who was opposed to the discontinuance during the public hearing with close to 80 people in attendance. “We’re going to let one person dictate everything this Board is doing? I don’t think we want to live in a Village like that either. I would prefer that we table it an discuss it another time if that is what we want to do, but I don’t think it is fair to Mr. Madden to delay this process. Regardless of whether we discontinue the public road or not, it’s still Village property. The whole discussion was about selling the Village property and that’s not the resolution in front of this Board. We got totally sidetracked.”
“Madden offered an alternative to purchasing the road,” stated the Mayor, outling the offer that had been presented earlier. “If that’s the case, I do not believe that we would need to do any SEQRA work or any discontinuance work.” With that being said, he indicated that if they still wanted to do it, they could postpone until the next meeting. He asked then asked Mr. Madden for his thoughts.
“I think Trustee Kasker is right on the money,” responded Mr. Madden. “It is ridiculous the way this process has gone.” Commenting that he did not want to reiterate all that had been said already he stated “There has been a false choice presented by Claudio’s misinformation. That false choice is that somehow some other party could buy this lot. He said it’s apples to apples. It’s not. The only alternative is that the Village holds this property as is or it sells it to one of the two property owners, who can absorb it into an existing, code compliant lot. A 15x100 foot lot is not legal.”
From the audience Mr. Guazzoni asserted that the BZA could sell Village land in parcels as big or small as they chose.
Trustee Kasker attempted to silence Mr. Guazzoni by reminding him that this was not a public hearing and that he had not been invited to speak, to which Mr. Guazzoni replied “This is a public Board meeting, and my name was taken in vane again.”
“So what? Write a letter,” retorted Trustee Kasker.
“We created some form of peace Mr. Kasker and you decided to stoke the fire. Why is that? Come on! Stop! The BZA can do whatever they want,” stated Mr. Guazzoni.
“The notion that this piece of property is ever going to be owned by anybody else is fanciful,” commented Mr. Madden. “Before you even took action we would sue the Village.”
“and I would sue you too,” noted Mr. Guazzoni, “so we could both sue.”
“We are talking about discontinuing a Village Road,” Trustee Kasker reminded everyone. “You guys are both outside what’s on the agenda. Can we please just talk about discontinuing a public road!” He went on to point out that out of 80 individuals who were on the call, nobody had utilized the hearing to talk about their use of the road. He believes it is clear that the road has not been utilized by the public in years and therefore, does not serve any public use. “It doesn’t change the fact that the Village still owns it,” he asserted. “It’s just a piece of paper and a map no longer call it a road for 100 feet. We are making this way more difficult than it needs to be.”
An unidentified individual inquired as to what the benefit of discontinuing the road would be for the Village.
Mayor McFadden responded that the benefit to the Village was property tax and money to put into the coffers. “That’s what brought us here,” he said, further noting that what would have happened next would have been to negotiate a price based on fair market value. “The purpose of discontinuing the road is to open those opportunities to a resident which is our philosophy here on all of our boards. We want to be welcoming. We want to be accommodating.”
Trustee Gluck noted that the Public hearing had closed and that Board could no longer properly entertain comments from the public on this matter.
Following some further discussion, the Board agreed to table the issue and move on. Resolution – Approving New Procedure for Confirming Construction Costs on Building Permit Applications – Trustee McHugh initiated the discussion by explain that the Village had been experiencing issues with regard to building applications being inaccurate, where there have been gross discrepancies between submitted design costs and actual design costs. This affects the Village in terms of property assessment values as well as defending itself at SCAR hearings. The procedure is not an attempt to be overly onerous but rather to employ best practices that have been utilized by other communities. Attorneys for the BOT and BAR have reviewed the situation as have the Village engineers and put forth the recommendation currently before the Board.
Trustee Kasker commented that he would prefer to see what the options were. He is concerned that the proposed procedure would be adding bureaucracy to an already elaborate process. Some projects might not have an architect or a builder, leaving property owners to develop the estimates themselves. He does not understand how the construction costs relate to the tax assessments. He does not feel that he knows enough to move forward.
Trustee Gluck stated that he was a little sensitive to putting in a floor that might impact low cost, generally inexpensive projects, although he is generally in favor.
Responding to Trustee Kasker’s question about how the construction costs fit into the assessment process he stated “Often during the assessment review, the Village reviews building permits to see what has been added to a home. This doesn’t mean that the assessment is increased by the amount of cost that goes into each project but if the permit has an absurdly low number, it does limit the Village’s ability to increase the assessment to a level that is consistent with the fair market value of that particular project.” He reiterated that he viewed the process favorably but felt it might need a few tweeks.
Trustee McHugh commented that he would have no issues with tweeking it. The proposed process is an attempt to equalize everything. It makes the tax roll fair and equitable and accurately reflects what people are doing to their properties.
Planning Board Chair JoAnn Hansen noted that the discrepancies have been a problem for the Village in the past and she recommended they move forward with the proposed procedure. She agreed to work with the Board on any tweeking they felt necessary. It was agreed that they would table the decision for one month to allow time for further discussion and tweeking. Resolution approving the Mayor to sign the Weston & Sampson response to the Orange County Department of Health Letter – Trustee Shaw inquired as to why they had chosen to move forward with the proposal from Weston & Sampson vs. McGoey Hauser. The Mayor responded that at their last meeting they had agreed that John Ledwith would go back to the engineers to try and line up proposals that were more “apples to apples” than what they were originally presented. Following that extended review, it was determined that the Weston & Sampson proposal was more comprehensive and beneficial to the Village. (Following some discussion with regard to the specifics of the proposal and the various elements within.) this is not a sentence! There are some other things that the Trustees would like to incorporate. Ultimately, the Board chose to modify the resolution slightly in terms of the tasks they were prepared to move forward with before unanimously voting in favor. Resolution - Approving the Mayor to sign the Westin & Sampson Proposal to Proceed with the CCT and Manhole Investigation of the Pond 3 Sewer Pipe System- Trustee McHugh expressed some concern with regard to a couple of other I&I issues and the way in which they should be prioritized. Following some discussion, it was agreed that they would table the proposal while continuing to investigate all of the I&I needs before determining how to moving forward.
New Business: Discussion – To talk about a Village-wide Property Tax Reassessment – The Village will begin discussion in the near future about Village-wide property tax assessments. A municipal-wide assessment is the best way to ensure that assessments are both fair and accurate. There are undeniably a lot of discrepancies in the Village. The reassessment includes an evaluation of the market value of properties in the community, based on changes in the real estate market. The assessor will determine which assessments need to be increased or decreased. The last assessment of this kind was done in the mid-1970s. Typically they are done every 4-7 years in municipalities. Having it done is a both a matter of cost and return on investment. After decades without a reassessment many properties will have changed in value. Some will have increased while others have decreased. Some will likely remain the same. Without the reassessment, all properties will continue to pay the same amount in taxes. In an effort to educate themselves on the process of reassessment, the Board has scheduled a meeting with a Real Property Services Administrator for the New York State Department of Taxation and Finance as well as the Director of The Orange County Real Property Tax Service Agency. After having received the presentation, the Board will share the information with the community.
Trustee McHugh noted that previous administrations had looked into reassessment. When former Trustee John Moon investigated it, the estimated cost was a quarter of a million dollars and when he and Trustee Gluck investigated it a couple of years back the estimated cost was $180,000. While it would certainly be another form of equalization, his concern is that given the state of the real estate market, it might not be the best time to move forward with it. That being said, he fully supports the idea of investigating it and obtaining the costs, which will allow them to make an informed decision. Resolution - Approving the Mayor to sign the Weston & Sampson Proposal to Conduct Post-Construction Flow Isolation for Sub-basins 2 &10 and Prepare the Required Summary Letter Report to the NYSDEC – The Board voted unanimously in favor of this resolution. Resolution – Appointment of DPW Worker Dominick Posta – The Board voted unanimously in favor of this appointment. Resolution – Declare Police Equipment & Guns as Surplus – The Board voted unanimously in favor of this resolution. Resolution – Award Bid on Surplus Police Vehicle – Supporting documents were circulated to the Board, who voted unanimously in favor of approving it. Resolution – Approve Annual Exemption of Taxes on Village Water Facilities Located in the Town of Tuxedo – The Board voted unanimously in favor of this resolution. Resolution – Re-appoint Fire commissioners Jeff Dowding and Paul Eichengreen to a Five-Year Term ending December 31, 2025 – The Board voted unanimously in favor of this resolution. Resolution – Approve Annual Bird Count by The Fyke Nature Association – Trustee Kasker inquired as to whether or not the Board ever received the results of this annual survey. The answer was that they had never pursued the results, but they were certain they could obtain them if desired. The Board then voted unanimously in favor of approving the resolution. Resolution – To Levy Unpaid Village Taxes to Orange County – This resolution was passed unanimously.
The Village Board of Trustees met on Wednesday, October 21 at 5pm via Zoom. All members were present.
Mayor’s Comments: Mayor McFadden Opened the meeting by thanking everyone for accommodating the earlier meeting time, noting that they had a hefty agenda before them.
Reports – Board & Public Comments:
Click here to view the Police Report
Click here to view the DPW Report
Click here to view the Building Department Report
Click here to view the Town Liaison Report
Click here to view the Communications Committee Report
These reports were released to the public on Monday, October 19 along with the meeting agenda. There were no comments.
Public Comments:
The Mayor announced that the Board would be receiving public comment on agenda items only. There were none.
Old Business: Discussion – To Consider Halloween and Covid-19 – Input from the Chief - Mayor McFadden noted that this discussion had been tabled at the last meeting so that the Board could receive input from Chief Conklin on the subject. Since that time, the Chief has indicated that he plans to follow government guidelines, which have been circulated to the Board for review. It was unanimously agreed that the Village would proceed with Halloween as normal without any additional oversight aside from the Guidelines, which will be made accessible to the public via the Village Police Facebook page as well as the Village website. Additionally, Chief Conklin confirmed that there would not be a need for any additional overtime. Trustee Kasker inquired as to whether there would be designated times for trick-or-treating. The answer was no. Discussion – To Consider Lake Manager’s Latest Recommendation – The Village Lake Manager has recommended that the Village take sediment samples as an alternative to other items that were listed for the same price on the same proposal. The Lakes Committee supports the recommendation. Following minimal discussion, it was agreed that the Village would move forward with the sediment samples as recommended. Discussion – To Consider Brook Road Options and Annexation of Certain Parcels – This relates to a transaction that took place with Michael Bruno several years back. The Village attorney and Mr. Bruno’s attorney have been in discussions. It was suggested that the discussion should be continued the following month during an executive session so that the Board could be advised on several options that are available to them as laid out in previous legal documents.
Trustee McHugh inquired as to when the contract would expire.
Trustee Gluck responded that the option on the part of the Village to acquire the lower part of Brook Road would expire on December 31, 2020. The annexation does not have a deadline but as it has been a number of years, Trustee Gluck suggested that it would make sense for them to help the participants move things along now rather than to wait. Resolution – Authorize the New Police Car Purchase and Pending Financing – The Board voted unanimously in favor of authorizing the purchased of a new police vehicle (2021 Ford Interceptor SUV Hybrid) at a cost of $49, 394.94 with 5-year financing. Resolution – Approve License Plate Reader Expenditures – The Village license plate reader has not been operational since August of 2019. Repairs will cost $2,103.
Trustee McHugh suggested that the machine was not providing valuable service for the investment and that he felt they could save the Village money by letting it go.
The Mayor responded that the Village had already invested $46,000 in the machine and he asked the Chief to comment on the value of reader.
Chief Conklin stated that the LPR was invaluable when it came to potential issues of all kinds because it stores historical data. On a daily basis, the machine alerts the department if somebody has a suspended registration, if they are wanted for any sort of crime or if they have an Order of Protection against them. It keeps track of every vehicle that enters and exits the Village through both gates. For these reasons, the Chief believes it is invaluable.
Trustee McHugh pointed out that the Village maintained cameras at both gates that do essentially the same thing, although admittedly not with the same level of granularity.
Chief Conklin replied that the LPR could produce info on a particular vehicle in 5-10 minutes time while it would take somebody hours to review the camera videos in real time to get the same information. He further commented that while he would have never recommended the initial $46,000 investment, since it had already been made he felt that it was worth the $2,100 to keep it operational.
Noting that domestic disturbance is probably one of the biggest things police have to deal with, Trustee Kasker wondered if there would be a way to use the LPR to protect the Tuxedo Club as well as the Tuxedo Park School. He feels that if the machine can help to prevent these types of disturbances, it is definitely worth it.
Deputy Mayor Shaw suggested that one of the main reasons the Village employs a police force is for protection and that if the Chief felt it was a good thing, she was fine with it.
Trustee Gluck agreed, further noting that it was not something that he would recommend investing $46,000 in today “But if it is useful and it’s helping….let’s keep it in place,” he stated.
The Board voted unanimously in favor of making the repair. Resolution – Approve Hardship Application for a Well at 61 Turtle Point Road – The Mayor noted that he would be recusing himself from the discussion. He then proceeded to read a summary into the record. Please click here to read that summary.
Noting that there had been a lot of talk about this particular application over the summer, Trustee Kasker indicated that this had helped him to decipher exactly what the question before them actually was. There is no concrete proof to support the idea that the applicant is not allowed to have water and sewer at his boathouse. The only question currently before them is whether the Board can determine that there is a hardship, which would in turn allow the McFaddens to proceed with the application to dig a well. If they do proceed, the application would still need the approval of both the DEC and the Orange County Department of Health. The Building Inspector and the Village Attorney seem to be in agreement with this.
Trustee Gluck respectfully disagreed, noting that he had also carefully reviewed the application, having been involved for quite some time. While the application has been updated and improved to include more detailed information, he believes that the proposed water and sewer hookups and their standing in connection with the reservoir must work together in an appropriate way. Because of this, he feels that the decision before the Board is more than just a hardship determination and cautioned that while having a financial hardship would be a method of getting the Village OK to build a well as opposed to hooking up to the water supply, this did not remove the other considerations that the Trustees have to consider in authorizing a water hookup. He further noted that the engineer had recommended that a number of different things be done in connection with the report and that the resolution as written did not incorporate any of these and that it was not consistent with what they had recently done in similar situations dealing with water hook-ups, such as the Overton subdivision..
Trustee Kasker asked Building Inspector Ledwith to confirm that what had been proposed was permissible under the Village code commenting “We follow our code. If the Village code does not forbid it, then we approve it. If the DEC code forbids it, then they disapprove it and we’re done”
Trustee Gluck countered, reiterating that in his view, they should be considering not only whether or not a financial hardship existed but also whether what was being proposed was appropriate and likely to be approvable in the context of being next to a reservoir. “I think we can fold that in to what we are considering here and if we have a regulation that says specifically that a well needs to be 50 feet from a sewer line and we have a property where that doesn’t look to be configurable….that needs to be considered.” He went on to outline 3 reasons why he was negatively inclined to vote in favor of the hardship as follows: 1. He does not believe the resolution incorporates the conditions recommended by the engineers, 2. He doesn’t feel they have a workable plan under the existing regulations, 3. Despite the fact that there is nothing in the Village Code that specifically prohibits water and sewer hookups to boathouses and sheds etc., the language is somewhat ambiguous in it suggests that every structure has an obligation to connect to the system. His interpretation is that the provision is intended to apply to residences and that residential owners have an obligation to connect their residence to the sewer system. “It can’t mean that every structure has an obligation to connect…but that’s what it says.” If they want to establish a proposition that every structure (garages, shed, boathouses, etc.)has the right to connect to water and sewer than this constitutes a major change that needs to be carefully deliberated in his view.
Trustee Kasker asked Board attorney Brian Nugent if he had any thoughts or clarifications that he could provide.
Mr. Nugent stated that in his view the decision currently before the Board pertained to whether or not an extreme hardship existed. With respect to the other concerns, the code already subjects the application to additional approvals. The Board has the right to amend the resolution to add conditions, such as compliance with the engineer’s recommendations, if they see fit. He further noted that if they approved the hardship, this did not equate to an application approval as the McFaddens would still have to go through the process, including the additional required reviews, which would address issues such as distance from the reservoir and ensure that things were in compliance with regulations.
Trustee Kasker noted that the engineers had recommended that there be a site plan prior to issuance of a permit. He inquired of John Ledwith as to who would be responsible for approving that plan if it were added to the resolution.
The answer was the Building Inspector in conjunction with a review by the Engineers.
Mayor McFadden noted that the sewer application was not part of what was being considered. What was before the Board was the hardship application for the well. The sewer application is on its own track with the Village Engineer. There is no Village Engineer approval requirement for the water hardship application.
Mr. Nugent agreed with this, further noting that the sewer application would be a Building Inspector approval. He reiterated that the only application before the Board was related to the water application and the granting of a financial hardship.
Trustee Gluck commented that if the Board was going to consider whether to allow a potable water source into a building that as a condition to this there also had to be an acceptable means for dealing with the wastewater. Citing conditions that had been placed on the Overton subdivision, he suggested that he felt it would be reasonable to enforce similar conditions on this application.
Trustee Shaw inquired as to whether or not Overton had applied for a hardship.
The answer was no.
She suggested that she did not feel the two could be reasonably compared.
There followed a discussion with regard to Overton and whether or not that application was comparable to what was currently before them, with Mr. Nugent asserting that there were fundamental differences between subdivision and residential applications and the requirements for each while Trustee Gluck suggested that approval of both applications fell under the same code provisions.
Trustee McHugh pointed out that if the hardship was not granted the Mayor would still be entitled to get the water, albeit at a greater expense, and then pursue a sewer hookup. What was before them was a financial hardship. He asked Mr. Nugent to confirm that both he and the Building Inspector had reviewed all of the documents and determined that it would be entirely appropriate for the boathouse to have water and sewer.
Mr. Nugent responded that under the code the boathouse could both connect to the sewer and have water access and that if the hardship was denied the applicant would still have the right to connect to the Village water system.
Next Trustee McHugh referenced an email that had circulated in the Village earlier that day which suggested that the Mayor was getting something for free, further stating that under no circumstances did he agree with that angle and that there was no basis for it and he believed the facts were being twisted.
The Board then voted with Trustees Kasker and Shaw voting in favor of approving the application and Trustees Gluck and McHugh voting against it.
Mayor McFadden commented that he wanted to reserve his right to file an article 78 for arbitrary and capricious no votes that were not based on any precedent. He asked Mr. Nugent to opine on how the courts might look at a 78 under these circumstances.
Trustee Gluck suggested that this would be a conversation more appropriate for an executive session.
“I’ll give you a chance to amend your record right now by putting into the record why you said no in terms of your legal position,” stated Mayor McFadden.
Trustee Gluck reiterated his position on the ambiguity of the code provision, suggesting that if interpreted literally, every structure would be required to have a water and sewer system. He feels the code applies to residences. “We have a history in this village of that enforcement from what I can ascertain. It has been read that way before and that is one of the reasons I have set forth.”
Trustee Shaw wondered if hardships of this nature were always approved by the Board of Trustees.
The answer was yes, any application for a hardship looking for an alternate water source under the code would have to be approved by the Board.
Mr. Nugent then stated “In the event that there is an Article 78 we likely need to not be involved anyway as the Board’s attorney and as attorney also at the same time to the Mayor, so it wouldn’t be appropriate for me to comment.”
There followed some further discussion, after which the Board agreed to move on.
New Business: Discussion – To Approve New Procedure for Confirming Construction Cost on Building Permit Applications – There seems to be a differential whereby the estimated costs on permit applications are falling well below the actual costs. The proposal was offered requiring an affidavit from the contractor and/or applicant with the final costs and then an adjustment can be made backwards to the fees paid based on the fees required by Village Code for the Building Department prior to the issuance of a C of O.
At the last two BAR meetings, there had been applications submissions on which the Village engineer felt that the cost estimates were gross undervalued. By changing the procedure the Village is trying to address the issue so as to ensure that they receive the appropriate amount of revenue from building permits issued as well as having an accurate picture of the taxable amount when assessments are done and when they Village must be defended against SCAR hearings.
Trustee Kasker expressed some concern stating among other things that he was not sure that estimated project costs were the best way to judge the amount the Village should be charging for a building permit.
Following a brief conversation this was tabled until the November meeting for further discussion. Discussion – To Approve ZOOM Equipment and Installation in the Village Hall –
The Mayor and Mr. Ledwith met with professionals and were presented with a package at a cost of roughly $30,000. The idea is that the equipment would be installed in the Village Hall and utilized by all 4 Village Boards as well as the Court.
Mayor McFadden commented that he found that the Zoom meetings had been extremely productive during the time of Covid with not only sunshine laws and transparency but also with allowing for greater levels of community attendance. Noting that he was not entirely sure where the money would come from, he suggested that the Board should seriously consider the expense.
Trustee McHugh agreed that ZOOM was a valuable tool but also noted that the expense had not been budgeted for and was going to be hard to work into the expenses. He suggested they might utilize the unallocated surplus.
Deputy Mayor Shaw commented that she felt it was a good idea but wondered why it was so expensive.
Trustee Gluck stated that he felt it would be nice to have but he was not sure if it was worth using unallocated surplus.
Ultimately it was agreed that based on the overall level of Trustee interest, they would table to the next meeting and explore the idea further. Resolution – Appoint Trustee Gluck and Deputy Mayor Shaw to the Sexual Harassment Committee- The Board voted unanimously in favor of appointing Trustee Gluck and Deputy Mayor Shaw to the Sexual Harassment Committee for a period of 1 year. Resolution – Appointment of Planning Board Candidates Portia Henshaw and Joshua Scherer – The Board vote in favor of appointing Portia Henshaw and Joshua Scherer to the Planning Board to fill the unexpired terms of Michele Merson and Peter Regna, with terms expiring 6/20/22 and 6/30/24 respectively. Resolution – Authorizing Commencement of Civil Service Law Separation from Service Process Regarding a Village Employee – This item was tabled to executive session. Resolution – Amending Booth Budget – The approved resolution for the booth project requires Board approval for all line item changes. Mayor McFadden suggested they amend this so that the Board no longer needs to approve every line item change, however they will continue to approve those changes that exceed the approved budget for the project. Following a discussion and some minor tweeking of the resolution as presented, the Board voted unanimously in favor of the amendment. Resolution – Regarding the Requirement of Redundant Equipment in the Keep –
Mayor McFadden noted the requirement to maintain redundant equipment in The Keep had been at the recommendation for former Chief Melchiore, who feared that he would not be able to find officers who would be willing to work in the Booth and wanted to retain the redundant equipment “just in case.” Chief Conklin has since indicated that he does not believe the redundant equipment is necessary. The Mayor has suggested that the approval be amended to remove this requirement and that the Board repeal the authorization to fund the equipment.
This was discussed.
Trustee McHugh suggested that the cameras currently located in the Keep should remain there.
The Mayor agreed.
Trustee Gluck stated that he was in favor of keeping the redundant equipment because he feels it provides the Village with a good safety margin should things not work out with the Booth, however he understands and appreciates the other points of view.
The resolution was slightly tweeked after which the Board voted in favor of adopting it. Resolution – Approve Upgrades to the Police Department Wifi/internet Equipment and Service by IT New Windsor – Following a discussion, and some tweeking of the resolution the Board voted unanimously in favor of approving the upgrades at an amount not to exceed $2,800 but to include upgrades to the optimum internet service and equipment. Resolution – Approving Mayor to Sign the Revised Agreement from Schnabel Engineering for Designing the Booth Foundation- The Board voted in favor of authorizing the Mayor to sign the revised agreement from Schnabel engineering for designing the booth foundation. There is a $600 differential and the new cost is $4,500. Resolution - Approving the Mayor to sign the Engineer to respond to OCDOH Letter-
The Village has received a letter from the OC Department of Health containing several questions, some of which which they need assistance with. Two firms, Weston and Sampson and McGoey Hauser & Edsall, have submitted proposed costs for response however, there is a fairly large variance between the two and Mr. Ledwith feels they should reach back out to both and confirm that they are all on the same page in terms of the scope of work. This is a time sensitive issue as the Village has 60 days to respond to OCDOH before they begin accruing a fine of $2,000 per day. It was agreed that the Mr. Ledwith would contact the engineers to ensure they were getting an “apples to apples” comparison of costs and once this had been confirmed they would schedule a special meeting for the purpose of awarding the contract. Resolution – Approving Mayor to Sign a Proposal to Proceed with the Structural Inspection of the DPW Building – There has been some concern over the structure integrity of the roof on the DPW building. Following some discussion, the Board voted in favor of hiring Weston and Sampson to proceed with a structural inspection at a cost of $2,800. Resolution – Approving Mayor to Sign the W & S proposal to proceed with the CCTV and Manhole Investigation of the Pond #3 Sewer Pipe System- The Mayor would like to move the trunk line along Pond #3 up the priority list and has asked W & S to provide an updated proposal for this. The project will also relate to the Village’s agreement with Overton, which requires the developer to pay for part of this work prior to receiving DEC approval.
There was a lengthy discussion. Trustee Gluck suggested that they should hold off as doing the work now could hinder the negotiating process with Overton. Mayor McFadden urged the Board to “decouple” the proposed project from Overton, revealing that there had been a recent over-flow of a manhole near one of the residences along Pond #3 and there was some concern that there could be raw sewage seeping into Pond #3. Therefore, the emergency repairs are necessary in order to ensure the health and safety of the community.
Trustee McHugh wanted to know whether the DEC had been informed.
The answer was no. DPW Superintendent Voss has examined it, but it has not been reported to the DEC.
Trustee McHugh expressed concern with this, suggesting that Jeff needed to report it as this was a required part of the SPDES Permit.
Following further discussion the resolution was tabled so they could collect further detailed information. Resolution – Accepting the Resignation of Part Time Police Officer Cynthia Harcher – The Board vote unanimously in favor of accepting the resignation of part time police officer Cynthia Harcher. Resolution – To schedule public Hearing on Discontinuance of a portion of Village Road Scheduled on 11/16/2020 @ 6:45pm – The Board voted unanimously in favor of scheduling the Public Hearing.
The meeting then adjourned into executive session for the purpose of discussion related to the employment of certain persons as well as matters pertaining to contract negotiations/collective bargaining
Meeting ID: 956 0460 6540
Passcode: 10212020
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Annual Village Board of Trustees ReorganizationMeeting September 29, 2020
The Board of Trustees met for their annual reorganization meeting via Zoom at 6:30pm on Tuesday, September 29. All Board members were present.
Click here to view the Reorganization Agenda and list of appointments.
The meeting began with the ceremonial swearing in of newly elected Trustees Tinka Shaw and Chris Kasker.
Resolution – Appoint Elizabeth Doherty as Deputy Village Clerk: The Board voted unanimously in favor of appointing Elizabeth Doherty as Deputy Village Clerk effective October 1. Elizabeth will replace Debbie Matthews, who will be retiring next month.
Appointments: After agreeing that holdover appointments would be exempt from the term-limits law, the Board voted unanimously in favor of approving the appointments as detailed on the agenda.
Other Reorganization Items:
The Board engaged in discussions with regard to section #7, “Duties of a Liaison to a Village Department – Definition” and section #13-3 “Special & Special (emergency) Meetings.” It was agreed that moving forward, communication amongst the Board members and particularly between Board members and the Mayor needed to be improved. Ultimately, the Board voted 3-2 in favor of accepting sections 7-16. Trustee Gluck voted no, siting the above referenced sections 7 and 13 as the reason and Trustee McHugh voted also no, commenting that following the discussion, he was ok with section 13 but remained opposed to section 7.
The Village Board of Trustees met on Tuesday, September 29 at 7:15pm via Zoom. All members were present.
Adjourn to Executive Session to discuss matters related to the employment of two particular employees and a pending litigation filed in Orange County Supreme Court: Because the Village Attorney had another engagement beginning at 8pm, the meeting began with an executive session.
Mayor’s Comments:
Mayor McFadden began by thanking former Trustees Maureen Coen and Allen Barnett for their years of service on the Board and then welcoming newly elected Trustees Tinka Shaw and Chris Kasker. He further commented that he was proud of the new trustees for having run a positive campaign and that in his opinion the “landslide defeat” over the Preserve the Park Committee was a referendum on negative campaigning and “The residents sent a strong message to future candidates that our community does not tolerate this behavior.”
There has been an increase in Covid-19 cases in Orange and Rockland Counties. The Mayor reminded everyone of the need to be cautious, noting that the Tuxedo community has a strong track record thus far and should strive to maintain that.
Department Reports: Police – Chief Conklin reported the following for the month of August:
Calls for Service – 298 (5 Criminal)
Arrests – 2
Motor Vehicle Accident – 0
Traffic Tickets Issued – 8
Verbal Traffic Warnings issued – 6
Fire Calls – 7
Intrusion Alarm – 1
Medical Calls – 3
Assists Given to the Town of Tuxedo Police – 1
Assists Given to other Agencies - 2
Assists Received – 0
Shots Fired – 0
FOIL Requests – 0
Miles Patrolled – 2, 213
Additionally, roughly 931 vehicles were counted entering the Village via the Front Gate on a daily basis, however the Chief noted that there has been an issue with the license plate reader and therefore, this number is inaccurate.
Chief Conklin and Mayor McFadden conducted a post-storm meeting following the tropical storm that left trees down everywhere throughout the Village and some residents without power for over a week. They discussed things they had done well as well as areas where they felt they needed to improve and the acquisition necessary equipment.
DPW – Superintendent Voss was not present and therefore no report was given. Building & Capital – Click here to view the Building Report.
Village Attorney Litigation Report: Miller Vs. The Village – this is a case brought by the Millers against the Village and a neighbor due to some alleged drainage damages. The case is pending in Orange County Supreme Court. PERB Matter – This relates to a part-time police officer’s petition for Union certification. The PBA has intervened and a hearing has been scheduled for January 26, 2021. There will be a conference scheduled sometime in early December. Yaknowitz Vs. Tayback – This is a civil action brought for excessive force and false arrest. The case is in the process of being settled.
Committee Reports: Lakes – On behalf of the Lakes Committee, Jim Hays began his report by stating that they are ADHOC committee with no Village mandate or authority to make decisions or spend taxpayer dollars. Rather, they are trying to assist the BOT in developing a long-range plan to improve the ecological health of the Village lakes. In this way, they work to complete tasks that can often be time consuming and therefore difficult for the BOT to accomplish. To this end, they assisted with contracting the Lakes Manager for the purpose of improving water quality in the lakes. Another important part of the long-range plan is the control of nutrient based run-off from the watershed into lakes. High nutrient loading of the lakes is the result of development within the watershed, especially those properties that border the lakes and their tributary streams. Under natural conditions, trees and shrubs continuously recycle nutrients and the forest root system prevents the erosion of nutrient rich soils. Removal of trees and shrubs stops this recycling and exposes the nutrient rich soil to erosion into the lakes. In an effort to reduce this nutrient influx, the committee is exploring the possibility of hiring an Environmental Landscape Architect to help the BOT develop mitigating strategies. They recognize that this effort must be considered as part of a long-term strategy as quick results will not be forthcoming, but in the long run the committee feels that the BOT can accomplish the goal of reducing nutrient influx. They have already met with one such architect, who made a privately funded visit to the Village. They are hoping to interview others in the near future. Such an individual or firm can assist the Village in developing landscaping guidelines, which will enhance the retention of nutrients and preserve the soil. They could also assist the Village Boards in implementing these Guidelines. The committee has the support of the Lakes Manager in this task.
Mayor McFadden commented that he would be interested in hearing what the landscape architect would have to say.
Mr. Hays responded that they would talk about the replanting of trees as well as the development of vegetative barriers along the lake. The architect they met with favors native plants in particular for this purpose. Buffers will also help to curb the geese issue.
The Mayor further recognized that the Village had a very difficult time enforcing the law pertaining to which fertilizers and herbicides were permitted for use in the Village. They have circulated literature and have attempted to educate residents but, unfortunately, have not had much luck with it.
Mr. Hays replied that the cutting of trees was also a significant issue and suggested that down the road the Village might want to consider requiring residents to seek permission before removing any trees and also replanting after trees have been removed. Tree Advisory Board – TAB is 4-years into the Racetrack meadow project. The next phase will take place within a month’s time and consists of planting native plants at the entryway, which will further beautify the area. Board Chair Christopher Gow encouraged residents to visit and enjoy the meadow. Cell Tower Committee – Committee Chair Paola Tocci reported that the group had held their first meeting and that after reading through the voluminous provider information that has been collected by John Ledwith over the years, they will be reaching out to several providers for updated information/proposals in addition to contacting a couple of new providers. They will report back to the Board as soon as they have amassed this information.
Report by Town Board Member:
There were no Town Board members present and therefore, no report was given.
Public Comments:
Representing St. Mary’s, Lili Neuhauser asked the Trustees to consider allowing non-resident parishioners access to the Village via the South Gate on Sunday mornings between 9:30 and 10am.
She was informed that this would be discussed later on in the meeting.
Old Business: Approve New Police Car Purchase and Pending Financing – The Police Department is in need of a new car and the Chief has presented the BOT with two options, one a standard vehicle and the other a hybrid model. This was briefly discussed. The Hybrid is slightly more expensive ($3,000) but will reduce gas consumption by approximately 25%. Trustee Gluck noted that it would be good to have this data mapped out and that it should in turn be shared with the Climate Smart Committee so that they can determine whether it will earn the Village points and/or assist with opening up grant opportunities etc. It was agreed that this would be done and that the item would be added to the October agenda for a vote.
New Business: Resolution – Award Bid for Water Plant Control Panel Upgrades – The Board voted unanimously in favor of awarding the Bid to PCS Pump and Process in the amount of $86,521.55. Resolution - Yoga Exercise – Amendment to the Wee Wah Beach Club License Agreement- The Board voted unanimously in favor of extending the Wee Wah Beach Club License Agreement through December 15 of 2020 in order to allow the club to offer yoga classes to their membership as well as Village residents. Resolution – Race Track Nature Preserve Plaque – The Board voted unanimously in favor of allowing the RTNP to install a historical marker plaque at the entryway to the preserve as previously approved by the Board of Architectural Review with the understanding that they would explore mounting it on something other than a galvanized steel pole. Resolution – Chip and Tar Village Office Driveway & Parking Lines – For a variety of reasons, it was agreed that it would be better for the Village to undertake this work in the spring and therefore it was not voted on. Discussion – Post Storm Purchase Proposal for Police Department – Following post-storm meetings with the Mayor, Chief Conklin was asked to submit a list of desired equipment that would prove helpful to the department in similar circumstances moving forward. He has since requested 5 barricades and 12 traffic cones for a total cost of $705.25. Following minimal discussion, the Board voted unanimously in favor of authorizing this purchase. Discussion – St. Mary’s & South Gate – This was discussed at some length. There is a concern with regard to setting precedent. The Mayor expressed concern over the fact the Village has been diligently working on restricting traffic for the last 6 months. It was suggested that a new vehicle tag be created and sold to parishioners wishing to access the church via the South Gate. It was further suggested that currently, TPS tags are not being honored at this entrance. Ultimately, the Board decided to table the request while they did some research as to what is currently in place and why and further what sort of overall plan they would like to see for this type of request moving forward. Discussion – Halloween COVID-19 Consideration – Mayor McFadden stated that his inclination was to allow Halloween to proceed as normal with no changes but to ask the police to put out and subsequently enforce guidelines pertaining to social distancing and congregation of groups. Chief Conklin was asked for his thoughts. He responded that it was his intention to follow the Governor’s Guidelines. He noted that the number of Covid cases is on the rise and that by Halloween the area could well be nearing another shutdown if things don’t improve. The Board decided to table the discussion until their October meeting when they would have a more accurate idea of the Covid threat.
Public Comments:
Claudio Guazzoni noted that historically the police had kept one vehicle idling at all times. Noting that he had always felt this was a waist of resources, he further commented that he had been informed that having a car ready to go at all times was a mandate. He wondered if this would be the same with the new hybrid vehicle.
Chief Conklin responded that he had been in law enforcement for 24 years and that he knew of no such mandate. Keeping a vehicle idling at all times is no longer the practice in the Village.
Speaking to the St. Mary’s request for South Gate access, Gary Pompan advised the Board that they should keep the integrity of the Village Gates in mind when exploring the issue.
Meeting ID: 944 4628 2604
Passcode: 09282020
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Meeting ID: 944 4628 2604
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Special Board of Trustees Meeting September 14, 2020
The Village Board of Trustees held a special meeting on Monday, September 14 at 12pm. Mayor McFadden was absent. Trustee McHugh presided over the meeting.
Resolution – Approve BOT minutes:
The BOT voted unanimously in favor of approving 20 sets of meeting minutes dating as far back as April 15, 2020.
Resolution – Appoint Fire Commissioner:
The Board expressed unanimous support for the appointment of Jason Poggilio as a fire commissioner to fill the vacancy left by the resignation of Todd Darling, with the term expiring on December 31,2023.
Resolution – Water Account Adjustment:
The Board voted unanimously in favor of approving the adjustment of a particular water account by waiving the penalty charges of $2,803.53. The charges were waived as the water customer has brought their account into good standing.
Discussion – Bid For Water Plant Control Panel:
Although the bids for the water plant control panel have been received and range between $86-94,000, the Villages’ engineering firm has not yet had the time to perform the necessarily due diligence in order to the make a recommendation to the Board. Therefore, this was tabled until the next meeting.
Discussion – License Plate Reader Repair:
Neither the Chief nor the Mayor was present to discuss this item, so it was also tabled.
Other Business:
Being that it was their last meeting as Trustees, Trustee McHugh asked Trustees Coen and Barnett if they had anything they wanted to say.
Trustee Coen read the following statement:
“I want to say that I am sorry that I did not accomplish more, but I am proud of the work that I have done over the last two years. Many of the residents, including the Mayor, may not like my direct, intense and aggressive style, but I assure you all of my actions have always been with the intention to promote and protect Tuxedo Park. We as Trustees are fiduciaries of the publics’ assets and trust and I have taken that obligation very seriously and always have endeavored to make certain that people follow proper procedures, treat all residents fairly and consistently and treat all with respect. For the next Board…I hope they continue much of the work that we are undergoing right now, but I also hope that the following things get completed: 1. Approve a social media policy that protects the Village and is fair and equitable to all. We have part of a social media policy enacted and we need to follow up from the Police just to make sure the page conforms with the policy, but the policy needs to be expanded to other things and that’s the work the still needs to be done. 2. We need to devise policies that prevent Trustees from having applications viewed or decided upon by employees they supervise. I believe this inherently creates a conflict of interest that should absolutely be avoided. I don’t believe anyone would act improperly, but it creates the appearance of impropriety that absolutely should be avoided. 3. Many capital projects were completed over the past two years, but more work needs to be done. We need to implement more of the capital projects that we, as a Board, spent so much time putting together and financing those projects by raising long-term debt or seeking grants like the $150,000 grant for the I&I project that we were able to get this term. I know Trustee McHugh is busy working on other grants. 4. (and probably most importantly) we need to compete the investigation into the unauthorized return in May 2020 of the Front Gate Guardhouse $50,000 donation that was received in 2018 and has been recorded as a Village asset in all of our financial statements since then. The Board was advised of the return almost two and a half months after the Mayor directed the Village Clerk to return the money. Thankfully, our accountants concluded that reflecting the donation as a Village asset was correct, so no new financial statements have to be prepared or re-filed. Our Village Attorney thankfully also concluded that there was not a violation by the Mayor or the Village Clerk of Village Law 555-524 because the attorney cannot say that the Mayor or the Village Clerk acted knowingly to violate the law because there was not a similar situation in the past. What we have not concluded on is whether a policy or procedure has been violated and whether any changes to the Village policies and procedures need to made to prevent similar disposition of Village assets in the future. I think it is extremely important that we conclude on this. We have been working on this for the last 2-3 months and we need to finalize this very important topic. Unfortunately, I won’t be involved in the finalization but I ask the next Board to really focus on getting that completed. I wish the next Board good luck. We are counting on you to continue to make the Village of Tuxedo Park a special place. To many it is a sanctuary. I think we have become particularly aware of the nature of how special Tuxedo Park is as a result of this pandemic. Finally, I would like to thank retiring Trustee Barnett for his years of service. I also need to call out Trustees McHugh and Gluck for the incredible amount of time and hard work they have put in through the years. No one knows all of the Village operations better than Trustee McHugh. We are lucky to have him on the Board. Thank you and good luck to all.”
Next, Trustee Barnett commented that he had enjoyed his time on the Board and that it had been an interesting experience. Noting that it was a difficult job, he wished the new Board good luck. In particular, he commended Trustees McHugh and Gluck, who put in a lot of time and do a tremendous job. He then made a motion that the Board formally commend the Garden Club for all of their hard work over the past month beautifying the Village and the Town. The motion was seconded and unanimously approved.
Public Comments:
Claudio Guazzoni thanked Trustees Barnett and Coen for their service on the Board.
The meeting then adjourned into an executive session for the purpose of discussing the employment of a particular individual.
Notice of Special Board of Trustees Meeting September 14, 2020
SPECIAL BOARD OF TRUSTEES MEETING – Monday, 9/14/2020 @ 12:00 p.m. via Zoom for the purpose of approving BOT meeting minutes, awarding the bid for the water plant control panel, discussing the License Plate Reader repair, and any other matters that may come before the Board.
The Village Board of Trustees met on Friday, August 21 at 11am via Zoom. All members were present.
Mayor’s Comments:
Mayor McFadden began the meeting by acknowledging Chief David Conklin and the Police Department, DPW Superintendent Jeff Voss and the DPW team, Village Clerk Debbie Matthews and Deputy Clerk Denise Spalthoff, building Inspector/Code Enforcement Officer John Ledwith for doing an outstanding job during the recent hurricane crisis. He further acknowledged the Village residents, who remained patient, polite and courteous under tremendous pressure without electricity and in some cases water. He noted that later in the agenda they would be discussing the idea of a Village hosted BBQ as a thank-you to the team. Village residents will be welcome.
Departmental Reports: Police – Police Chief David Conklin reported the following for the month of July:
Calls for Service – 354
Criminal Complaints – 3
Arrests – 0
Traffic Tickets – 27
Traffic Warnings – 7
Fire Alarms – 4
Intrusion Alarms – 8
Medical Calls – 1
Assists Given to the Town of Tuxedo – 1
Assists Received from the Town of Tuxedo – 1
Miles Patrolled – 3,168
Additionally, roughly 1,550 vehicles entered the Village via the Front Gate each day.
Trustee Coen inquired as to whether or not any weapons had been discharged. The answer was now however, the department did respond to a call of “shots fired,” which they believe was the result of fireworks having been set off. DPW – Superintendent Voss reported that the department had been extremely busy with cleaning up after the storm, clearing both brush and fallen trees. Before the storm they were largely occupied with 2 water main leaks in the Town, which were both repaired. Aside from this, it has been business as usual. New equipment as approved by the Board at a previous meeting was received and installed at the Water Treatment Plant. Finally the Superintendent requested and received permission to chip seal the following Village Roads: Crows Nest Road, Pine road, Lower and Upper Continental Roads, Stable Road, Ledge Lane and the road that leads to the Ridge Road storage tanks. Building & Capital – Click here to view the Building report
Village Attorney Litigation Report: Yaknowitz Vs. Tayback – This is a civil action brought for excessive force and false arrest. The case is ongoing, Madden Vs. The Village – This is an Article 78 proceeding. They are awaiting the scheduling of oral arguments. Miller Vs. The Village – this is a case brought by the Millers against the Village and a neighbor due to some alleged drainage damages. The case is ongoing. Tayback Vs. The Village – This is a new case. It is an article 78 proceeding relating to a General Municipal Law (207C) Matter. There is currently a resolution before the Board to hire Lynch/McCartney to represent the Village in this proceeding. Resolution - Authorize Legal Services by Special Counsel to Represent the Village in a Litigation Matter – The Board voted in favor of authorizing the firm of Lynch/McCartney to represent the Village in the litigation matter Tayback Vs. The Village.
Committee Reports:
There were none
Report by Town Board Member or Trustee Liaison:
Trustee Gluck noted that the Town Board was currently considering regulations to reduce overcrowding at Town Park areas, specifically Power House Park. The idea of issuing parking permits, which would be free for all Town residents, is under consideration as is the requirement of permits for larger groups/gatherings.
Liaison & Trustee Reports:
With regard to the Water Department, Trustee McHugh reported that water losses were reduced to 42% in the second quarter. The receivable exposure is unfortunately staring to creep up. 10 letters have been sent to most egregious account holders in the Town with hopes of establishing payment plans. These particular accounts have been outstanding for anywhere from 2-5 years.
Reporting on the Lakes, Trustee Gluck reported that Pond #3 had been treated with ProcellaCOR at the end of June and although there has not yet been an official survey done, both the Lakes manager and the residents who live around Pond #3 have indicated that the results have been astonishingly good. All of the milfoil appears to be gone and there has been no apparent impact on the other native plant species there. Later this year and into 2021, the Board will be discussing whether or not they should do a similar herbicide treatment in Tuxedo Lake. The lakes consultant has also installed fragmentation at three locations into all three lakes for the purpose of preventing milfoil fragments from traveling between the lakes.
Mayor McFadden observed that the barrier located near the Tuxedo Club pool consisted of a mesh net with openings that were rather large. Although the Lakes consultant has indicated that the openings much be large enough to allow smooth water flow, the Mayor expressed concern that some milfoil fragments were getting through.
Trustee Gluck responded that he would take a look and address with the Lakes Manager if need be.
Public Comments:
Michael Coleman noted that August 21 marked the 23rd anniversary of the death of Village Police Officer Jason Conklin., who gave his life in service to the Village. He thanked Chief Conklin for his service and for continuing on the Conklin legacy, noting that the Village was proud to have him there and they were proud of Jason’s service and it would never be forgotten.
This was followed by a moment of silence in honor of Jason Conklin.
Kathy Norris commented that if the Mayor was planning to put a sewer and water line to his boathouse that he should double check with the DEC and make sure that the appropriate forms had been submitted. She cautioned that if they were not, the DEC would put a fence around the entire lake like they had done in front of Glenmere. She further noted that it was against both federal and State law to put a sewer and water line within 100 feet of drinking water and that DEC approval would be necessary prior to commencing with the proposed project.
Next, Kathy commented that somebody had told her that the mayor had been talking about abolishing the Mayor and BOT and instead having somebody else run the Village.
The Mayor responded that this was not the case and that he would be happy to explain.
Ms. Norris commented that this would be great, further noting that the Village needed a Mayor who lived within it’s boundaries and loved the community and wanted to help it succeed.
The Mayor agreed, nothing that he was all of those things. The Village is the process of finding a replacement for Village Clerk/Treasurer Debbie Matthews. There is a search committee consisting of himself and Trustee Barnett and over of the course of the last several months they have found several strong candidates. One of these also has experience as a Village Administrator. A Village Administrator is distinct from a Village Manager, who essentially runs a Village while the Mayor and Trustees serve more as figureheads. Hiring a Village Manager typically requires a public referendum. A Village Administrator on the other hand takes on certain duties but does not require a referendum and the Mayor and Trustees retain their directory supervisory responsibilities. The Mayor and Trustee Barnett thought that having an administrator could be an interesting prospect for the Village and to this end they invited the candidate to visit and introduced him to the Village employees, the other Trustees and the 4 Trustee Candidates.
Ms. Norris next wondered how much more it would cost the Village to employ somebody with the administrative title.
The Mayor responded that he could not publicly discuss salary offers at this time but that the information would be available via FOIL once an offer and hire had been made.
Old Business: Resolution – Reauthorize S & B and JZ Contract Agreement for Booth – Following some clarification with regard to the project budget as well as which versions of the contract were being referenced in the resolution, the Board voted 4-1 in favor of approving the resolution with Trustee McHugh voting against. Authorize Hardship to Allow Well at 61 Turtle Point Road – As he is the owner of this property, the Mayor recused himself from the discussion. Building Inspector John Ledwith explained that the Village had been presented with an application for the installation of a water line to the McFadden property on Turtle Point Road. The provided estimated expense is $72,800. This is dependent heavily upon what kind of material they find in the roadway. If they find a lot of rock the price could be much higher. With this representation the Village has done some investigation as to what it would cost the Village extend the water main approximately 800 feet and these estimates came in between $18-21,000. If the Village installs the line there would be a payback period in excess of 49 years. In Mr. Ledwith’s opinion it would not be prudent for the Village to extend the main for just one service connection.
Therefore, Mr. Ledwith is recommending that the BOT approve the McFadden application. It was confirmed that following this approval the application would have to go to both the DEC and DOH for further approval.
Trustee Barnett then made a motion to approve the application as recommended by Mr. Ledwith.
The motion was not seconded and therefore it died.
New Business: Resolution - McCaffrey Tree Removal – The Board discussed removal of some dangerous large trees on the McCaffrey property. The property in question boarders village property and the trees threaten the latter. The estimate given for removal was $3,500 and the Village offered to split this cost with the McCaffrey’s but the offer was rejected. The Village intends to move forward regardless. There was discussion with regard to the proposed estimate, which includes full removal. As the property in question is a wooded section of the Fox Hill tract, Trustee McHugh suggested that removal of trees might not be necessary and that once cut down they should be allowed to decompose over time on Village property. This would in turn lower the cost of the endeavor. This was briefly debated. Ultimately the Board voted in 3-2 in favor of removing the trees entirely with Trustees McHugh and Coen
voting against. Resolution – Formalize Booth Donations as Village Funds – The Board voted unanimously in favor of formalizing the booth donations as Village funds. Resolution – Authorize Purchase and Financing of DPW Truck – The DPW is looking to purchase a 4-wheel drive, stainless steal framed dump truck for the purpose of salting and plowing snow on some of the steeper roads. The Mayor expressed his opinion that it would not be an appropriate purchase for the Village at this time. Rather, he recommended they look into a 4-wheel drive pick-up truck, which can be used for the same purchase and which he believes would be a more versatile purchase for the department. He does not feel that the proposed vehicle, which costs roughly $190,000, is economically prudent. This was discussed at length after which the Board voted 3-2 in favor of purchasing the truck to be financed over a 7-year period with Trustee Barnett and the Mayor voting against. Resolution - Award Proposal for Filing of Department of Labor Asbestos Pipe Plan – The Board voted unanimously in favor of awarding the proposal for filing of the Department of Labor Asbestos Pipe Plan to Westin and Sampson in the amount of $2,500. Resolution – Award Proposal Water Plant Oil Tank and Installation – The Board voted unanimously in favor of awarding the proposal for purchase and installation of an oil tank at the water plant to Cross River Environmental. Inc. in the amount of $9,900. Resolution – Authorize Advertising for bids for Water Plant Control Panel and Set Bid Date – The Board voted unanimously in favor of authorizing advertising for bids for a water plant control panel with a bid opening date of September 11 at 2pm. Resolution – SSES Project Notice to Proceed – The Board voted unanimously in favor of issuing a letter to proceed for the SSES project with a start date of September 1, 2020. Discussion – Allocate Funds for Employee BBQ – Recovery Disaster Thank You – Mayor McFadden suggested allocating $500 for the purpose of holding a BBQ Thank You BBQ for Village Employees and their families in celebration of all their hard work with the Disaster recovery efforts. The BBQ would take place on a week night evening at the Wee Wah Beach Club. Village residents would also be invited to attend for a small fee.
Trustee Coen commented that she applauded the idea but wondered whether now was the time to proceed with it considering the potential issues surrounding gatherings during the time of Covid-19.
Mayor McFadden acknowledged this valid concern but suggested that he believed those in attendance would be wearing masks and would comply with social distancing. Following some further discussion, the Board voted in favor of allocating the funds. Resolution – Allocate Funds for VCT Candidate Expenses – The Board voted in favor of allocating funds not to exceed $800 for the reimbursement of travel funds to the Candidate for Village Clerk/Treasurer who visited earlier in the week. Trustee Coen noted that although she was voting in favor of the resolution she didn’t believe that the appropriate process had been followed. She stressed that moving forward the Board must follow the correct procedure. Resolution – Appoint Additional Election Inspector – The Board voted in favor of appointing Elwood Skip Briggs as an Election Inspector for the September 15 Village Election at a rate of $225 for the day. Resolution – Create Civil Service Position for Part Time Clerk to the Village Justice – The Board voted in favor of creating a Civil Service position for the park time Clerk to the Village Justice. Resolution – Appointment to Position of Part Time Clerk to the Village Justice – The Board voted in favor of appointing Alice Confield,, current clerk to Judge David Hasin to the Position of Part Time Clerk to the Village Justice at a salary of $30 per hour. Discussion – DASH – Wee Wah Lake – The Board discussed the authorization of 3 days of DASH harvesting in the Wee Wah Lake at a cost not to exceed $6,500. The Mayor expressed some concern with the expense wanting to know what volume of milfoil they would be able to remove and further suggesting that if they were intending to use ProcellaCOR in that lake next spring that it might not be worth the money. Lakes Committee Chair Jim Hays countered this concern pointing out that milfoil is an extremely aggressive invasive and that it can be extremely difficult to beat. Although the ProcellaCOR seems to have been successful in Pond #3, it is a relatively new herbicide and they still do not know what the long-term effects of treatment will be. Most other, similar herbicides are successful at beating back infestations, but they do not conquer them completely. DASH harvesting on the other hand results in complete removal of the plants and he believes it would be money well spent.
Trustee McHugh added that all of the lakes managers that have worked with the Village over the years have recommended DASH harvesting.
Following some further discussion, the Board voted unanimously in favor of moving ahead with the harvesting as proposed.
Public Comment:
Claudio Guazzoni commented that when the level of the Wee Wah Lake had been lowered, milfoil harvesting was a lot easier as frost and freezing helped to kill the plants. He wondered why this could not be done annually. He suggested they could also inspect the inside of the dam while water levels were low.
Turning to the authorization of S&B for work on the booth, he noted that the contracts were for a “goodly sum of money” and wondered whether any of those Trustees who had voted in favor would disclose whether or not they were doing business with S&B. I feels it is important from a public advocacy point of view that that the Trustees disclose whether or not they are having work done by S&B at there own, personal homes.
Mayor McFadden responded that he had used S&B for landscaping and renovation work on his Turtle Point Road property. When the Village lost their initial project contractor due to delays in the approval process, he invited S&B to bid. Before doing so, the Mayor contacted the Village attorney in writing, fully disclosing his relationship to S&B and inquiring as to whether or not he should recuse himself. The response was no, although he was advised to disclose it which he did.
Trustee Coen added that she had used S&B at her home for the last 10 years, but she felt that the Village had been through the appropriate competitive bidding process and this alleviated any concerns.
Trustee Barnett has not used S&B. Trustee Gluck has used them.
With respect to Mr. Guazzoni’s suggestion that the Wee Wah Lake be lowered annually in an effort to freeze off milfoil, the Mayor commented that he felt this was a good idea and that it should be considered by the Lakes Committee.
Trustee Gluck stated that this idea had been discussed and that they had been advised that DEC permitting would be required and further that that they would not likely grant such a permit absent the need to do some engineering on the dam because it places a great deal of stress on the fish population. It could certainly be explored again, but this is the advice they have received in the past.
Speaking as a property owner on the Wee Wah Lake, Elizabeth Cotnoir stated that each year that the Wee Wah Lake had been drained they had experienced severe damages to their properties in the form of wind coming off the dry lake bed, damages to the boat house, having to repaint every 6 months, loss of trees and on and on. She would be completely opposed to lowering the lake unless the Village was agreeable to helping them offset these expenses. She and Howard Shore fully support DASH harvesting. As a member of the Lakes Committee, she has done quite a bit of research and can attest that so long as it is done correctly and consistently, DASH harvesting is an effective method of fighting milfoil. She believes there is too much unknown with ProcellaCOR and both she and Howard would be against using it in either the reservoir or in bathing water (Wee Wah)
Other Business:
Trustee Coen suggested that the Police Chief send an email to the residents informing them that delivery service in the Village was going to be extended to 6pm.
The Board then adjourned to an Executive Session to discuss matters related to the employment of a particular person.
Notice of Special Board of Trustees Meeting August 5, 2020
SPECIAL BOARD OF TRUSTEES MEETING – Wednesday 8/5/2020 @ 11:00 a.m. via video conferencing for the purpose of discussing Booth donations, adjourning to executive session to discuss matters relating to the employment of a particular person, and any other matters that may come before the Board. Zoom instructions to follow.
Notice of Special Board of Trustees Meeting August 3, 2020
SPECIAL BOARD OF TRUSTEES MEETING – Monday 8/3/2020 @ 11:00 a.m. via video conferencing for the purpose of adjourning to executive session to discuss matters relating to the employment of a particular person. Zoom instructions below.
Notice of Special Board of Trustees Meeting July 31, 2020
SPECIAL BOARD OF TRUSTEES MEETING – Friday 7/31/2020 @ 11:00 a.m. via video conferencing for the purpose of moving the Booth project to construction and any other matters that may come before the Board. Zoom instructions to follow.
Notice of Special Board of Trustees Meeting July 24, 2020
SPECIAL BOARD OF TRUSTEES MEETING – Friday, 7/24/2020 @ 12:00 p.m. for the purpose of considering the Wee Wah Beach Club’s request relating to two prospective members (one a volunteer first responder), adjourning to executive session to discuss matters relating to the employment of a particular person, and any other matters that may come before the Board. Zoom instructions below:
The Village Board of Trustees met on Wednesday, July 15 at 7pm via Zoom. All members were present.
O & R Project Update:
The meeting began with a brief update from O & R project update. A project representative reported that things are going well and they remain on track to finish Phase 1 by the end of August. This could change should inclement weather cause delays. They are hoping to proceed directly on with Phase 2 of the project but it is still in the design process and has not yet been finalized.
Mayor’s Comments:
Mayor McFadden acknowledged the recent Covid-19 e-mail he had sent to the community over the weekend, commenting that with summer recreational activities in full swing on the lakes and other Village properties that it was an excellent time to refocus on mitigating the risks of community spread. Residents have been stellar in terms of following the guidelines. Cautioning that it was “easy to let our guards down,” the Mayor cautioned that residents must continue to follow the guidelines. Recent national news as well as one new reported case of the illness in the Village (not by community spread) motivated him to officially reach out to the community and encourage people to continue social distancing and wearing masks.
Long-time Village Clerk/Treasurer Debbie Matthews will be retiring in October. The Mayor expressed his gratitude to Trustee Barnett, who has headed up the search committee for her replacement, further commenting that the Board anticipated making a decision at the conclusion of the meeting, following the executive session.
Departmental Reports: Police – Chief Conklin reported the following for the month of June:
Non-Criminal Complaints – 337
Criminal Complaints – 6
Arrests – 4
Motor Vehicle Accidents – 0
Traffic Tickets – 5
Traffic Warnings – 5
Fire Alarms – 3
Intrusion Alarms – 4
Medical Calls – 3
Assists Given to the Town of Tuxedo – 0
Assists Received from the Town of Tuxedo – 1
FOIL Request – 1
Miles Patrolled – 2, 652
Additionally, roughly 1,550 vehicles entered the Village via the Front Gate on a daily basis.
Next the Chief provided a Road Safety Report. The North Gate has been open on weekends for Wee Wah Beach Club traffic since the Club opened on July 5. The following stats were noted
Sunday 7/5 – 13 cars
Saturday 7/11 – 2
Sunday 7/12 – 16 cars
The department has also begun taking note of the number of cars that enter the Village via the South Gate. The Chief noted that in 2019 during the month of June there were 3,865 cars that entered the Village there and this year there were 3,881.
The Chief and the Mayor have been in contact with Amazon Prime as they discovered that the company was conducting shift changes inside the Park during which drivers would park the vehicle and wait for their replacements. This is no longer happening.
Chief Conklin applauded the officers for the job they have been doing with enforcement. Their efforts have greatly reduced motor vehicle accidents. In 2019 between January and June there were 7 motor vehicle accidents in the Village and this year there have been none. 72 radar details were conducted during the month of June. These resulted in 1 speeding ticket.
New traffic signs and posts were delivered on July 15 as was the electronic radar sign. The latter will take about a week to get up and running.
Finally, the Chief reported that June was the 3rd consecutive month with no over-time expenses.
Trustee Barnett inquired about the 6 criminal incidents, looking for more detail. Chief Conklin responded that the majority of them were vehicle and traffic related, further explaining that some vehicle and traffic violations are misdemeanors and/or felonies according to traffic law, such as driving with a suspended license or suspended registration. Additionally, two of the incidents concerned illegal dumping. DPW – DPW Superintendent Jeff Voss was not present. In his absence, Trustee McHugh provided a brief report. Two weeks ago John Bello, head of the Water Department, was electrocuted while working on Turtle Point Road. Thankfully, he is ok, however a couple of days afterwards he broke his leg while jumping on a trampoline with his sons. Because of this, he will be out of work until mid-August, leaving the Department understaffed.
On Monday July 6 there was a water leak at SOS. A 6-inch water line leaked roughly 200,000 gallons over 5 hours. Superintendent Voss believes there could be additional issues in this area. They will conduct some exploratory digs there.
A leak detection service visited the Village on July 13 and while exploring the pipes in the East Village, detected a leak near the Ramapo River in a 4-inch water line. The estimated loss from this particular leak was 15-20,000 gallons per day. This adds up to roughly 7.5 million gallons per year and accounts for 10% of the annual water loss.
A contractor accidentally broke a waterline while trying to hook in on Tower Hill Loop. This resulted in some overtime for the department. The homeowner will be billed.
With regard to the I&I project, a winning bid was selected and contracts are being drafted. The Village hopes to move forward with the loan at the end of July. Trustees Coen and McHugh will be working with project engineers as well as bond council in order to keep things moving forward. Building & Capital- Click here to view the Building Department Report for the month of July.
Village Attorney Litigation Report:
Village Attorney, Brian Nugent, reported the following: Miller Vs. The Village – this is a case brought by the Millers against the Village and a neighbor due to some alleged drainage damages. It is still pending. Yaknowitz Vs. Tayback – This is a civil action brought for excessive force and false arrest. Insurance council represents the Village in this case. This case is still in discovery. Madden Vs. The Village – This is an Article 78 proceeding. As of June 16 the parties have agreed to forgo an oral argument. The briefs have been fully submitted and the case now awaits a decision. Public Employment Relations Board Matter – This matter is not in a court. The part-time Police Officers in the Village are seeking certification through the Teamsters local 445 in order to unionize their group of 16 part-time officers. A petition has been filed and the Village has submitted a response. A teleconference has been scheduled before an administrative law judge on July 22.
Committee Reports: Cell Tower Committee – Several weeks back the Mayor polled residents to see if anyone would be interested in joining a cell tower committee in the hopes of working to somehow improve cell service in the Village. A “terrific group” of volunteers responded. The committee consists of representatives from TPS and the Tuxedo Club as well as talented residents. Mayor McFadden will act as the Board liaison to this informal, non-binding committee. They are hopeful to have some good news to report in the near future. The Mayor further noted that there are residents who are opposed to improving service if it should involve unsightly towers on the mountains. There are also residents who do not want towers located near their homes.
Report by Town Board Member or Trustee Liaison:
Deputy Supervisor Michele Lindsay reported that the Town had hosted a successful economic development webinar with State and County officials at the end of June. The Town has put aside $250,000 in order to rent equipment for the purpose of sorting through the contaminated soil on the dirt pile at the Highway Department. High Department personnel will be operating the equipment helping to bring the Town into compliance with a DEC consent order. They are not sure how long this will take.
The Town Board is holding workshops approximately every two weeks throughout the summer, which are open to the public and focus on revising the Town Zoning Code. They hope to start public hearings at the end of September.
Trustee Reports:
With regard to the lakes, Trustee Gluck reported that DASH harvesters had been in the Village the last week of June working in the Wee Wah lake. They believe they were successful in harvesting the majority of the milfoil, but will take another look at it later in the season and if there is regrowth, more harvesting will be considered.
Additionally, Coon Tail on the Wee Wah, which was a significant issue last year, was reported to be fairly mild and the need to harvest will likely be eliminated after this summer.
Pond #3 was treated with the herbicide ProcellaCOR. The initial feedback from property owners is quite positive. The Village will have a better idea when the Lakes Manager comes back for their monthly visit.
Finally, the Village is in the process of installing three boons for the purpose of mitigating potential fragmentation. The model which is currently in place at the top end of Pond #3 will be retrofitted with an improved model.
Mayor McFadden wondered whether having drained Wee Wah Lake during the dam repairs over the course of 2018/2019 had been a factor in helping to kill off a lot of the milfoil in the lake.
Trustee Gluck responded that it had certainly been helpful.
Public Comments:
There were none
New Business: Madden Water Supply Crossover – As the original water line to their house runs up Tower Hill Road, and the Village water system has been under a lot of undue stress recently because of the increase in full time residents, the Maddens have experienced a substantial loss in water pressure. After meeting with the John Ledwith and Jeff Voss, the Maddens have determined that the proper solution is to take the old connection off-line and add a new one on Tower Hill Loop, where the house is located.
Trustee McHugh noted that he had no issue with the request and wanted to see the Maddens get better pressure, but he took issue with the fact that the work had already started before the issue was brought before the BOT.
Mayor McFadden responded that he was not sure that it was required for the BOT to vote on this, although he thought that technically speaking, whenever there was a new connection to the system, the Board had to vote. This is not really a new connection, so to speak, as much as it is simply unhooking the connection from one pipe and hooking it up to another. He felt that since this constituted a “grey area” they should probably vote.
The board then voted unanimously in favor of approving the request. Water Main Extension from 79 to 61 Turtle Point Road – As it stands to benefit his property, Mayor McFadden recused himself.
John Ledwith explained that this pertained to the McFaddens’ request for water service at their boathouse. There appear to be two options. They can either allow for the extension of the main to the vicinity of his boathouse or possibly give the McFaddens a waiver that would allow them to drill a well.
Trustee Coen wanted to know how much the project would cost and whether the funds would come from the water budget.
Mr. Ledwith responded that he did not have an estimate yet but that the funding would likely come from the water budget.
It was determined that Superintendent Voss had been charged with putting together the cost information however as he has been both short staffed and busy, he has not had a chance to do it yet.
Trustee McHugh wondered whether or not the cost would be born by the Village or the McFaddens. He suggested they should table the discussion until they had the applicable numbers.
Asking permission to speak, Mayor McFadden interjected that the reason this method had been proposed was because Turtle Point Road was due to be ripped up for repair by the DPW anyway. It would cost a private contractor in the ballpark of $80,000 to bring in the necessary equipment etc. and uncover the lines, but all it would cost the Village was price of the pipe. The McFaddens are willing to pay this expense within reason. They are awaiting the estimate.
Trustee Gluck commented that before they got into the details of extending the main, he felt it would be a good idea for the Board to consider whether the system as a whole should be permissible. Counsel should review the code in order to ensure that both the water and sewage connections that have been proposed are permissible. Additionally, from a land use prospective, there is the issue of whether or not sewer hook-ups to boathouses that don’t currently have them is something that the Board want to endorse (if the code affords them the ability to consider it.)
Following some further discussion it was determined that the discussion would be tabled until they could determine the estimated costs. Water Main Connection - Town of Tuxedo Property Owner/east side of Route 17 – The Board voted unanimously in favor of granting Augusta properties permission to connect to the Village water main located on the east side of Route 17 to service a new commercial building to be located between the Orange Top and the Ambulance Corps, which received site plan approval from the Town Planning Board. Discontinuance of Paper Road – The Madden family is looking to purchase roughly 100 feet of the access road leading to the lake near their boathouse, located off of East Lake Road. They own the lots on both sides of the road. Their intent is to leave access to the lot intact. The section of the road they are looking to purchase begins about 10 feet past where the road turns. There are no pipes located there and it has no value for the Village. It is seldom, if ever, accessed by anyone. Their hope is to add it to the adjoining lot and then landscape the entire area. It will not add to the buildable portion of the lot. They are offering $15,000. If the Village chooses not to sell them the road, they will likely request permission to landscape the property anyhow at their expense.
Following a lengthy discussion amongst Mr. Madden, the Board and their attorney the request was tabled until further details could be researched worked out. Purchase and Financing of Police Vehicle – This item was tabled as they do not yet have financing rates.
Public Comment:
Concerning the Mayor’s request for water to his boathouse, Jim Hays inquired as to whether or not this type of change to an auxiliary structure would require a variance from the BZA.
Mayor McFadden responded that the Boathouse was not auxiliary structure, but rather a separate tax lot.
Mr. Hays responded that the boathouse was an auxiliary building to the McFadden’s existing home.
The Mayor responded that they were not, however, contiguous lots.
Mr. Hays suggested that putting water and sewer into the boathouse suggested that somebody might want to live there.
Mayor McFadden replied that he did not want to live there, but rather wanted to be able to provide access to a bathroom while entertaining, reiterating that it was not an auxiliary building to his house but rather a separate tax lot.
Mr. Hays asked the attorney to comment.
Mr. Nugent responded that he would have to review the code however the issue being discussed that evening was whether or not to extend the water line along the public roadway and not whether or not to allow the McFaddens water and sewer hookups. Those are separate issues.
Donation of Stone Bench:
The Board voted unanimously in favor of accepting the donation of a stone bench to be placed at the Wee Wah Beach Club to the right of the diving board out and out of the way of traffic.
There was a brief discussion as to whether or not there should be a policy in place with regard to accepting donations. Ultimately, Mr. Nugent advised that they could have a policy but he would not advise it. Rather, he suggested that donations should be taken on a case-to-case basis.
From The Mayor's Desk - Covid 19 Update - Mid July Recreation Guidelines (posted July 12, 2020)
Dear Neighbors,
With summer recreational activities in full swing on our lakes and other village properties, it is an excellent time to refocus on mitigating the risk of community spread. The residents have been stellar in following the guidelines to date and we should continue to do so. Recent national news and 1-newly reported case of COVID-19 in the Park (not community spread) has motivated me to reach out.
While it is a challenge at this point to continue social distancing and wearing a mask, we should resist the temptation not to.
The virus is still here.
As I mentioned, during the first three months of the stay-at-home order we did a stellar job as a community resulting in no cases of community spread. While confidence in our safety within the gates is justifiable, because we are in Phase 4, and New York City is in Phase 3, we have to be careful not to be overconfident or complacent. Residents are going back to work in New York City, there are more outside delivery vehicles and service vendors here more than ever before, guests are visiting on a much more regular basis, and we are venturing out to reopened stores and restaurants.
Across the nation, areas that are complacent and have relaxed restrictions are seeing a surge of cases. If someone contracts the virus in Tuxedo Park and we continue to gather in large, non-family groups, without following the guidelines, the number of cases will spread at an exceedingly fast pace in our tight-knit community and could have serious implications for the most vulnerable.
The Village of Tuxedo Park is affirming the Coronavirus guidelines issued by the New York State Department of Health here.
These guidelines naturally are in effect for all Village property, including Tuxedo Lake, the Little Wee Wah (Pond No. 3), Wee Wah Lake, the Race Track, the hiking trails, the Village Office, and all of our roads.
In my opinion, there is no better place than Tuxedo Park to weather this pandemic. Let’s continue to act responsibly and do our part so that new cases are kept to a minimum.
Notice of Special Village Board of Trustees Meetings July 8, 9 & 14, 2020
Wednesday, 7/8/20 @ 1:00 p.m., Thursday 7/9/20 @ 2:00 p.m. and Tuesday 7/14/20 @ 8:45 a.m. for the purposes of discussing employment matters relating to a particular person.
July 9:
Thursday, 7/9/20 @ 2:00 p.m. for the purpose of discussing employment matters related to a particular person. Zoom instructions below.
Special Village Board of Trustees Meeting June 23, 2020
The Village Board of Trustees held a special meeting via Zoom on Tuesday, June 23 at 9am. All Board members were present.
Road Safety Package:
The Board voted in favor of purchasing a digital speed awareness sign as well as authorizing an expense of up to $1,500 for additional road signage.
To listen to their discussion, clickhere.
Wee Wah Beach Club:
After a lengthy discussion, the Board voted in favor of renewing the lease with the Wee Wah Beach Club, allowing them to open for the season.
Clickhereto listen to this discussion.
Booth:
The Board voted in favor of moving the booth project forward.
Their discussion can be heardhere.
McFadden Well & Sewer Application:
The Board reviewed and discussed an application from the McFaddens for installing a well and sewer hookup at their boathouse on Turtle Point Road. The Mayor recused himself. There are a number of items that need further investigation/review. Ultimately it was tabled.
Listen to this discussion here.
Overton Subdivision:
The Overton subdivision is in the final stages of approval. They are in need of an Incidental Take Permit from the DEC, which sets forth very detailed conditions on how they have to conduct their operations to avoid the accidental taking of rattlesnakes during the construction process. The DEC has requested that the developer obtain a commitment from the BOT to take much of the same actions should it become necessary for them to do any work on any of the public utility easements that they maintain in connection with the development. Most of the easements are privately owned, although the Village has retained the right to work on them should the owners not carry out that obligation. Planning Board attorney Rick Golden has recommended that the Board respond indicating that this is not an obligation they would be prepared to take on. While they will certainly try to avoid any incidental taking of rattlesnakes, he advises that they should not subject themselves to the regulatory oversight of the DEC in performing standard maintenance functions or emergency functions. The Board was in agreement that they should follow Mr. Golden’s advice.
Water Plant Pumping Station:
Trustee McHugh reported that given the amount of people currently in residence in the Village, the pumping station at the water plant was working 24/7 and they are having a hard time keeping the appropriate water levels in the tanks. Going forward, there is a chance that they will be instituting lawn-watering restrictions. This is ultimately a function of the lack of rain.
Mayor McFadden added that the increase in population has also had an impact on the antiquated electricity infrastructure. The question of whether or not they should introduce regulations stipulating every-other-day air conditioning use has been put on the table. O&R continues to work aggressively to mitigate the brownouts.
Climate Smart Task Force:
The Board voted in favor of assembling a Climate Smart Task Force in conjunction with the Climate Smart Community Pledge they adopted at their previous meeting. The task force will consist of those Village residents who currently sit on the Town of Tuxedo’s Climate Smart Task force as well the Village Planning Board Chair and Trustee Gluck.
Engagement Letter – Cooper/Arias Accounting Firm:
The Board in in receipt of a proposal from Cooper/Arias for the year-end audit. It is identical to previous proposals. The fee is $17,000. The Board voted unanimously in favor of accepting the proposal.
Notice of Special Village Board of Trustees Meeting June 23, 2020
SPECIAL BOARD OF TRUSTEES MEETING – Tuesday, 6/23/2020 @ 9:00 a.m., via Zoom, for the purpose of considering the opening of the Wee Wah Beach Club and any other matters that may come before the Board. Zoom instructions below.
The Village Board of Trustees met on Wednesday, June 17 at 7pm via Zoom. All members were present.
Mayor’s Comments:
Due to the fact that the Park is currently “at capacity” and a majority of the homes are “online” certain areas of the Village have been experiencing electrical brown outs with some regularity. The brownouts have been occurring primarily in the area of Lookout Stable Road and Stable Road. This area is NOT slated to receive an upgrade from O&R this year. The level of electrical activity is putting a great deal of stress on the Village’s antiquated system, especially between the hours of 5-8pm. The Village is steadily at the same usage rate as it typically is at its busiest times of year, such as over the 4th of July weekend. O & R is moving quickly to upgrade other areas of the Park so that the new system can off-load some additional current to the problem areas and to speed things up and the Village has extended the electric company’s week day allowable work hours. As a result, O & R has indicated that the brownouts should stop in the affected area within 2-4 weeks.
The Village also suffers from spotty cellular service and the Mayor has recently asked for volunteers in one of his newsletters so that they may put together a committee to address the problem. A number of people have volunteered and Mayor McFadden is looking to get the effort off the ground in the next week.
Department Reports: Police – Chief Conklin reported the following for the month of May:
Criminal Complaints – 2
Non-Criminal Complaints – 297
Motor Vehicle Accident/Property Damage Only – 1
Traffic Tickets Issued – 1
Traffic Warnings Given – 2
Medical Calls – 0
Intrusion Alarms –2
Fire Alarms – 3
Shots Fired - 0
Miles Patrolled – 2,556
Assists Given to the Town of Tuxedo Police - 2
Assists Given to Other Outside Agencies – 1
Assists Received from Outside Agencies – 0
Additionally, an average of 1,173 cars per day entered the Village via the Front Gate. DPW – Trustee McHugh reported that along with DPW Superintendent Jeff Voss, Building Inspector John Ledwith and Trustee Gluck he had been meeting extensively with Westin and Sampson with regard to the control panel at the water treatment plant. They have defined the scope of work and engagement and begun collecting quotes. The prices for replacing the panel range from $80,000 to $140,000. Westin and Sampson have been engaged to “drill down” on these quotes and they have completed site visits in order to further refine what they think the Village needs in order to stay up to current standards as well as what functionality is needed. With regard to replacing the generator at the Water Treatment Plant, they are looking consolidate and replace the existing oil tanks with 1 tank in order to heat the plant and act as a fuel source for the generator. This is expected to cost somewhere between $5,000 and $10,000.
The department is refining their approach with regard to leak detection in the East Village. They would like to have some “shelf ready” projects in the event that the State Government comes out with grant opportunities, which might allow them to proceed. Typically sewer grants provide up to 30% of project costs while water grants provide 60%.
During the month of May the amount of effluent through the sewer plan exceeded plant exceeded the SPDES permit. This was a function of 5.4 inches of rain in the month of April in addition to an already saturated start. The Village has written a notice of violation to the DEC as required. Building and Capital – Click here to view the Building and Capital report.
Village Attorney Litigation Report:
There are three pending cases as follows: Miller Vs. The Village – this is a case brought by the Millers against the Village and a neighbor due to some alleged drainage damages. It is still pending. Yaknowitz Vs. Tayback – This is a civil action brought for excessive force and false arrest. Insurance council represents the Village in this case. This case is also still pending. Madden Vs. The Village – This is an Article 78 proceeding. As of June 16 the parties have agreed to forgo an oral argument. The briefs have been fully submitted and the case now awaits a decision.
Committee Reports:
There were none
Report by Town Board Member or Trustee Liaison:
Trustee Gluck reported that on Saturday, June 20 at 10am there would be an online event called Moving Tuxedo Forward that would feature presentations and discussions with respect to Town center revitalization, real estate opportunities and parks and recreation/ eco-tourism. The event will feature State Senator Jen Metzger, Assemblyman Karl Brabenec and County Executive Steve Neuhaus. There will be an opportunity for Q & A. Log in instructions can be found on the Town’s website. Trustee Reports:
With regard to the ongoing I & I project, Trustee McHugh reported that an addendum to the bid package has been sent out. Bids are due by 2pm on Friday, June 19. Once the bids have been received, Westin and Sampson will make an analysis and recommendation to the Board. This project is being financed through the EFC for 5 years. Subject to how effective the project is, additional remediation might be needed. Work will be occurring on Continental, Town Hill, Circuit, Club House, Serpentine and Turtle Point Roads. Essentially it entails re-aligning of the sewage lines and manholes. Trustee McHugh advised that additional meetings will be required in order to move the project forward.
Public Comments:
Mayor McFadden advised that the Trustees had received many letters, both pro and con, regarding the opening of the Wee Wah Beach Club. In total there have been 29 emails in favor of opening, 16 against and 1 suggesting that the Club should be opened to Village residents only. Noting that he anticipated a number of speakers on this topic, he requested that people try to keep their comments to two minutes or less. The floor was then opened.
Enrique Correden noted that he and his family were relatively new Village residents, having lived here for only 4 years. Covid-19 and the potential for a second wave and all the uncertainty surrounding that is most worrisome to his family at the moment. They have come to the Park to seek safety and refuge and they have concern over the potential of opening the Beach Club to outsiders. Under normal circumstances they have no issues with opening the Club, however right now they feel there is too much uncertainty. Many families have retreated to the Village seeking safety. The village streets are full. His family has had a couple of close calls with drivers who were going too fast. He urged the Trustees to vote with resident safety in mind. He feels that next year would be a better time to re-assess the opening of the Beach Club.
Jennifer Darling identified herself as both a Village resident and the Vice President of the Beach Club. With respect to Covid-19, Mrs. Darling noted that the Club had submitted proposed guidelines, modeled after the State Guidelines, outlining how the Club was intending to open. She believes that the guidelines in conjunction with the Club’s opening proposal comprehensively address all of the New York State and Health Department issues pertaining to how the Club will be run. The fact that the Village is currently at capacity was a major factor in the club’s decision to pursue opening. They believe that many Village residents will be looking to swim in the Wee Wah lake via that property whether the Club is open or not. Speaking directly to the issue of traffic, Mrs. Darling reported that the Club had spent the last few days carefully reviewing sign-in sheets from the previous season and noted that over the course of the 63 days that the Club was open, they averaged 10 non-resident vehicles per day. Conversely, during the same time period, the Police reported 1,300 vehicles entering the Village via the Front Gate on a daily basis. The amount of daily non-resident traffic heading to the Beach constitutes is ¾ of 1% of that number. Clearly all residents are concerned about traffic. It is a universal concern. That being said, the impact of the Beach Club traffic is minimal.
Elizabeth Cotoir and Howard Shore noted that they lived on the Wee Wah and crossed the road several times daily in order to access the lakefront. Their property located between two, mostly blind, curves in the road and she wondered whether the Village might consider either temporarily installing speed bumps there or making the road one-way around the Wee Wah Lake.
Jane Garofano commented that she and her husband were 37-year residents of the Village and that the Wee Wah Beach Club has always been a special part of their lives here. In all the years that they have been in the Village, she has never learned of any child or animal being hurt by a vehicle on the roadways leading to and from the Club. The Beach Club is typically somewhat sparsely attended, but it provides an important community service and she does not see that there are any insurmountable obstacles in the way due to Covid-19. There were several years when the Club was not able to operate due to the condition of the lake and that was incredibly disappointing. She does not feel that anyone would abuse the privilege if the Club were allowed to open.
John Sandak stated that he was a resident of the East Village who had been a member of the Wee Wah for the last 15 years. Having the Wee Wah open is a central part of their summer. He is confident that the Beach Club would take care of everything in order to enable the members to safely get out of their homes (where children have been kept away for the past 3 months) in order to enjoy the summer. The Towns are starting to open up and he feels it is imperative that they allow families in the community to access the Wee Wah and enjoy the outdoors.
Marc Citrin stated that he was both a resident and Beach Club Board member. Commenting that he wanted to reiterate everything that Mrs. Darling had said, he added that he wanted to address a point that had been made by one of the earlier speakers, who had said he did not want outsiders to come into the Village. He believes that this was an unfortunate turn of phrase to use and if the speaker was referring to people who live in the Town , he wanted to point out that the Tuxedo Club has numerous members from the State of New Jersey, who come into the Village at will. Whether somebody lives inside the Village or outside the Village should not be a factor with respect to the Board’s decision whether or not to open the Beach Club. The Village should not be creating a dichotomy between “us and them” especially in the current times. He feels this was a poor choice of words from that particular speaker. He further noted that the Village had the authority to reduce the speed limit from 30 to 25 miles per hour without the approval of the State Legislature. He suggested respectively that they consider imposing the lower limit throughout the Village, which would result in slowing drivers down.
Susan Goodfellow noted that she had been a resident of the Village for over 40 years and that the Wee Wah was an important part of life in Village, particularly now. She feels that between the Department of Health and the State of New York as well as the good work being done by both the BOT and the Wee Wah Board, certainly a safe environment could be developed in which people could use the facility and enjoy the summer months there.
Victoria March noted that she had been a summer resident of Tuxedo since 1970 and that the highlight of the summer each year was the ability to go to the Wee Wah. Her family visits the beach every day. There is not a lot of traffic generated by people going to the Beach. During the week, the facility is often empty. She stressed that right now the ability to get outside and go to the beach was critically important.
Jessica Naeve echoed Ms. March and further pointed out that if opened, it would be optional for people to attend. She does not feel that there is any evidence to suggest that there would be any negative impacts for those people who choose to go there. Although they do not visit the Club every day, they value the ability for their daughter to jump in the lake as a break from a normal summer, never mind a quarantined, camp-free summer.
Jed Turner noted that he had been going to the Wee Wah for his entire life and that it was a big part of who he was. That being said, putting aside Covid, he expressed concern over the increased volume of cars on the roadways. His home is located on the road to the Beach Club. Acknowledging that 10 cars a day is “not a big deal at all” he wondered if there were to be a significant spike in traffic what would be done to help mitigate it.
Jake Matthews stated that as a 40+- year resident of the Village he could attest that the Beach Club was an integral part of the community. Given that the Wee Wah was either closed or forced to endure shorted seasons for several years due to the low lake levels and now with Covid he feels that it is even more important for families to get out and recreate. If the State is opening up and putting in guidelines for beaches and parks and the Beach Club is being held to those standards then he favors opening it up this year. He echoed the concern of others with regard to traffic in the Village and more so the speed at which many cars are traveling. He reiterated that if speed concerns could be addressed by the Village and the Beach Club could address safety concerns as they related to social distancing and timed visits etc., then he felt the club should be opened.
Old Business: Resolution – Road Safety – Digital Speed Sign Rental –
Mayor McFadden noted that he, Chief Conklin, DPW Superintendent Voss and Code Enforcement Officer Ledwith had recently met to discuss traffic issues and related safety measures. The group put together a proposed safety package, which includes stricter speeding enforcement (fewer warnings and more tickets) renting two, portal(portable?), solar powered, digital road signs to locate at critical intersections (to communicate both road safety and O & R closure messages) and the purchase of a portable, solar powered, digital road sign that informs drivers whether or not they are speeding. Speed limit reduction to 25mph was also discussed, although they were under the impression that this needed approval from the State. They also discussed a series of permanent signs to identify high-risk areas.
These ideas were then reviewed and discussed at length by the Trustees. It was universally agreed amongst them that stricter enforcement was necessary. Trustee Barnett noted that when speeders arrive in Village court, they are typically offered the opportunity to bargain down to non-moving violation, which eliminates the threat of points on their license. He suggested that this if this were not case, and the proper penalties were executed, it would likely have a desired effect. He further suggested that in his view, the speeding issues had nothing to do with the Wee Wah Beach Club.
Trustee McHugh suggested that he would not be against lowering the speed limit but he felt that they needed the appropriate data to support the change. In reviewing empirical data from the last 3 years, he has noted a correlation in the decline of speeding tickets issued and the number of miles patrolled by the Police Department.
Trustee Coen is in favor of decreasing the speed limit to 25. She further noted that it was also important to consider actual speed vs. perception of speed as well as appropriate speed in certain areas. She suggested that there have been times when she has passed pedestrians and felt that she was flying by them, only to look down at the speedometer and discover that she was traveling 27 miles an hour.
Trustee Gluck is also in favor of exploring speed limit reduction. He was under the impression that getting it reduced would be both a lengthy and somewhat arduous process.
Although stricter enforcement is necessary, Trustee Coen stated that she felt residents should be afforded a warning prior to receiving a ticket and Trustee Gluck suggested that perhaps points did not have to be awarded to first time offenders. Trustee Gluck also expressed some skepticism with regard to idea of immediate feedback road signs.
When asked for his thoughts, Chief Conklin stated that he believes the digital signs to be highly effective, but they need to be moved around with regularity. He agreed that speed reduction should be explored in combination with stricter enforcement. That being said, he noted that often times people’s perceptions of speeding can be off and they might believe a car to be traveling much faster than it actually is. While there certainly is some speeding in the Village, the problem may not be as egregious as some people seem to believe it is. He and his officers have completed 24 radar details in last two weeks that resulted in only one speeder.
The idea of purchasing a driver feedback speed sign was discussed. Trustees Barnett and Gluck expressed support for the idea. Ultimately, The Mayor stated that he would organize the various signage and associated costs as proposed as part of the safety package so as to form a resolution to be voted on later in the meeting. Resolution – Wee Wah Beach Club License Agreement-
Mayor McFadden stated that he believed many residents had a false sense of security because they lived behind the gates within the Village and felt that because of this they would not catch or spread Covid-19. He pointed out that many residents regularly interacted with landscapers and contractors and housekeepers and delivery people. Many residents have been gathering in places such as the Club lawn or the golf and tennis courts. Ultimately, they have no idea where the vendors they are interacting with live. Many of them come from Suffern and Rockland County, which has been a hotbed for the virus. He felt it important to balance this kind of behavior with the concerns about opening the Beach Club. He then asked each of the Trustees to give their thoughts on the subject.
Trustee McHugh commented that he appreciated all of the efforts that the Beach Club has made to address the issues and try to make the opening a possibility. He has received an enormous number of calls from residents with concerns about traffic. He acknowledged Mrs. Darling’s report of 10 non-resident vehicles per day, but suggested that there could be a number of reasons for this including the fact that the membership was “decimated” due to both health department issues with the water quality and the low water levels as a result of the ongoing dam repair. He is not a fan of allowing access via the North Gate as has been discussed in meetings. This is a secure area where sewage is treated, among other things and poses a security issue.
Trustee Coen noted that two main issues have been raised. Speaking to the issue of Covid-19, she stated that she felt the Beach Club had done a great job and she felt it could be brought into compliance. Any individual, who might not be comfortable with it, should just not go to the Club in her view. She finds the issue of traffic and road safety more troubling. The average of 10 non-resident cars per day as presented earlier does not reflect potential spikes. Additionally, as noted by Trustee McHugh, the data pool was likely not as robust as it might be as a direct result of various issues pertaining to lake levels and water quality. She believes that if opened the membership would likely be more robust this year and that the numbers would increase, as would the spikes. There are so many more people on the road these days, pedestrians walking, kids riding bikes, people out with their dogs etc., she does not believe they can safely take the risk of adding additional vehicles to the road. While she is very supportive of opening up the Beach Club, she feels they need to mitigate the traffic issue first. She would like to explore how they might be able to utilize the North Gate to do this.
Trustee (Gluck?)commented that he felt if they could find a way to provide the residents of the Village with a swimming area this summer, it was something that they should strive for if they could do it safely. Covid-19 and pedestrian safety are the two main issues. He believes that both New York State and the Beach Club have done an excellent job of putting in place a set of protocols that have dotted all of the Is and crossed all of the Ts. With regard to the traffic, he pointed out that the 10-car average presented earlier came from a period of time when the Club was not shut down and therefore the numbers were likely in line with what they might see this year. Although there seem to be more people on the roads right now, he does not think that the number of cars traveling to the beach would be significant in the context of the total number of cars that are coming through. The traffic issue seems to him to be a minor additional burden to bear if they can provide the benefit that the Club would provide to the residents.
Trustee Barnett agreed with Trustee Gluck. He believes that the plans developed by the Beach Club go above and beyond the State requirements for safety. He does not believe it is fair to blame the Beach Club for the traffic issues. The traffic issues exist for a number of reasons. Are they going to put the same burden on the Tuxedo Club as they are putting on the Beach Club? He wholeheartedly supports granting the Beach Club a license.
Mayor McFadden stated that he had three major concerns, which are traffic, transfer and tracing. If they cannot be mitigated to his satisfaction he is leaning away from approval. For any resident who is concerned about getting Covid, joining the club is certainly optional. As things begin to open up more, people will be traveling more and while this may take some of the pedestrians off the street, it also heightens the risk of spreading the virus. He has discussed the idea of having the Beach Club take temperatures as members arrive at the discretion of the Covid Enforcement Officer, turning away anyone with a fever. He has further suggested that the Beach Club hire a contract tracer. Finally, the traffic issue is extremely important. He believes they should explore the idea of utilizing the North Gate on weekends. He has spoken with Chief Conklin, Superintendent Voss and Code Enforcement Officer Ledwith about it. Some things need to be done to the area in order to make it a feasible access point and the DEC should be called in to take a look, but ultimately the Mayor believes it could be used. He has spoken with the Beach Club about it and they were amenable to exploring the idea. A part time police officer would be necessary to man the area. With a potential 19 Saturdays and Sundays at a rate of $30 per hour, this would cost roughly $6,000 and the Mayor feels the Club should bear this financial burden.
Following some further discussion the Mayor took a straw poll of Board members to determine where the consensus lay. It appeared that the majority of Trustees were not ready to comfortably vote in favor of opening and therefore it was agreed that they would table the vote until the following Tuesday morning, at which point they would hold a special meeting. In the meantime they would continue negotiations with the Beach Club. Resolution – Booth Vendor Agreements – S & B and Jody Zero- Mayor McFadden noted that if approved, these would be the last two agreements necessary to facilitate the booth project. Trustee McHugh and Trustee Gluck had a number of questions and concerns that were discussed at some length. Ultimately there are some fundamental issues that the trustees would like to see addressed within the contracts before moving ahead. Trustee Coen asserted that these things could likely be done by the following Tuesday and the attorney agreed, however the Mayor argued it might not be doable and aggressively forced the meeting along, commenting he felt the issues at hand could be dealt with offline the following morning. Discussion – Overton Subdivision – This item was tabled as the Board is awaiting input from counsel. Update – Job Search – Mayor McFadden asked Trustee Barnet to update the Board on the search for Debbie Matthews’ replacement. Trustee Barnet reported that a description of the job had been posted to the Village website and an ad had also been posted in the Times Herald Record along with a number of other websites. These postings just occurred and they are hopeful to have responses in the very near future.
The Mayor added that Trustee Barnett had done a great job of putting together a strong job description, reiterating that the job had been posted in a number of locations and that they were looking forward to receiving responses.
New Business: Resolution - Leak Detection – East Village – The Village would like to employ a leak detection company to check some of the more difficult areas that Village waterlines cross under such as the New York State Thruway, the Ramapo River and the railroad tracks. There have information from two companies that would provide acoustic sounding services. The lowest price received to date is $1,500 per day for an 8-hour day. Trustee McHugh suggested that they should go with whichever company could perform the job sooner and following some discussion the board agreed to punt the decision until Tuesday morning, by which time Mr. Ledwith would be able to obtain proposed timelines. Resolution – Water Plant Generator – The Board voted unanimously in favor of purchasing a new water plant generator at a cost of $51, 590. Resolution – Part Time Police Officer Reimbursement Agreement- Chief Conklin explained that there had previously been a 1-year agreement in place whereby the Village would sponsor the officers through phase two of the Police Academy and then if the officer chose to leave the Village within a year they had to re-pay the cost. Unfortunately, the Village encountered an issue with recouping the money from the last officer who left and so the Village Attorney developed a prorated 3-year agreement, which contains an exact dollar amount for both uniform reimbursement and training. This way new hires will understand exactly what they will have to pay back to the Village should they decide to leave.
Trustee McHugh asked the Chief whether the new agreement provided him with a greater level of comfort. He responded that it did, indicating that he felt the Village would be much more protected under the new agreement. The Board voted unanimously in favor of approving the agreement. Resolution – Tuxedo Club Fireworks Request for September 5th – As the representative for the Tuxedo Club was not on the call, it was agreed that this item would also be tabled until Tuesday, at which time the representative would be present to answer questions. Resolution – McFadden Well Application – Mayor McFadden noted that just prior to the meeting he had learned that his plumber had not submitted the appropriate drawings and therefore he stated that he would like to table it until the next meeting. Resolution – Grant Police Chief access to Tuxedo Lake via Chastelleaux Lane – Chief Conklin has requested permission to access Tuxedo Lake via Chastelleaux lane both to carry out his official duties as well as for recreational fishing purposes. This was discussed at some length. There was some concern with regard to code compliance in terms of who is permitted to put boats on Tuxedo Lake and for what purpose. Portions of the code indicate that police officers can only access the lake in conjunction with their official duties while other portions suggest that the Trustees have the transgression to occasionally allow individuals access. Ultimately, after a fair amount of discussion, the Board voted in favor of allowing the Chief to store and launch his boat from Chastelleaux Lane, with Trustees McHugh and Gluck abstaining. Cap Ex List Update and Assignments: The Village has created a robust capital projects list. They subsequently prioritized the list and assigned various individuals to each project. Various projects were touched on including I & I, Lakes Management, and the wall on Summit Road, the Sewer on Pond #3, Leak Detection and Emergency Water Plans. Tax Certiorari – A resolution authorizing special counsel to represent the Village of Tuxedo Park in a tax certiorari litigation brought against the assessor by Hume Styer was put forth and unanimously adopted. NEAR 2020 Proposal – Trustee Gluck presented the Board with a proposal from lakes managers North East Aquatic Research (NEAR) in the amount of $44,000. This is down $12,000 from last years’ expense. Principal differences include a cutback in surveying, and extension of water quality November. Also, due to Covid-19, the CSLAPs program will not take place this year. Costs will be split between the Water and General Fund budgets. Mayor McFadden inquired as to whether or not installation of boons and application of procellacor were included in the proposal cost.
Trustee Gluck responded that they were not, further indicating that three boons had already been installed and that observation was ongoing.
The Mayor commented that he was “fed up to his ears” with constant surveying in the lakes. “We have spent hundreds of thousands of dollars and here we are with Milfoil that has been growing for 10 years. I don’t think we are addressing the problem. We know what to do and we are not doing it.” He went on to indicate that he was against “re-upping” with NEAR. Following some further discussion regarding the importance of continuing to survey the lakes and monitor the Milfoil., the Board then voted 4-1 in favor of accepting the proposal with the Mayor voting against. Climate Smart Communities – Trustee Gluck explained that New York State has a program called Climate Smart Communities in which slightly in excess of 300 communities participate. It is designed to encourage climate smart activities. Joining the program does not cost anything nor does it carry any sort of commitment. It does offer a variety of supports for climate smart activities including technical services, enhanced grading on grant applications, and it allows for credit and potential funding for certain projects. All that is required is the adoption of a pledge that enunciates a number of principals around climate smart activities. The Town of Tuxedo has adopted the resolution and formed a Climate Smart task force, which includes a number of Village residents. The thinking is that it would make sense for those village residents to form a similar Climate Smart Task/Advisory Committee to the Village, which would enable them to leverage both knowledge and expertise across both municipalities and potentially obtain credit for municipal sharing. The Board discussed the proposal and ultimately voted 4-1 in favor of moving ahead with the Mayor voting against. Resolution – Tree Removal – The McCathern property backs up to the Village property near the Fox Hill Tract. There are a number of large trees looming over their garage and property and they have asked the Village about removal. Counsel has advised that the Village investigate removing the trees as they pose a potential liability and Mr. Ledwith has obtained 3 estimates all of which are quite high. Ultimately it was determined that the matter would be discussed in executive session.
Public Comments:
Michele Lindsay reiterated Trustee Gluck’s earlier comments about Moving Tuxedo Forward Event on June 20.
Speaking to the issue of speeding, JoAnn Hansen suggested that there were two philosophies when it came to the speed limit. One was that they set the speed limit at 30 and most people comply. The other was that they lower the speed limit to 25 and this would result in most people driving five mph over the limit. She feels that they should be looking at specific, narrow areas where people are speeding and enforcing regulations there.
Jake Matthews pointed out that technically there might not be a lot of people exceeding the limit, but to a pedestrian walking on the roadway, 29 mph seemed incredibly fast. He noted that on Club House Road there was a sign that required a 15mph limit. He suggested that in theory there were likely some other streets where the limit should be decreased even lower. He pointed out that there was also some concern over the issue of potentially having too much signage throughout the Village and what that would do to the general aesthetics. He believes the digital signs that tell people how fast they are going are effective. He questioned the proposed look of the one that might be brought into the Village, further suggesting that some of them were quite large and had an unsightly trailer-drawn look, while there were other, smaller, signs that hook right on to street signs. The Mayor responded that he intended to share this information with the public.
Speaking to the proposed Climate Smart initiative, Jay Reichgott reiterated that the Town was a Climate Smart community. Commenting that it was pretty much “no pain,” he further suggested that if the Village should decide that they wanted to apply for grants in order to engage in an environmental project like solar panels etc., the opportunity would be there.
Following the approval of minutes the Board adjourned into an Executive Session to discuss the employment of particular persons, collective bargaining negotiations and front gate safety and security issues.
Notice of Special Village Board of Trustees Meeting June 8, 2020
SPECIAL BOARD MEETING ON OPENING THE WEE WAH BEACH CLUB
Dear Neighbors,
This next Monday at 10:00 a.m. the Board will discuss opening the WWBC or not. There are multiple issues in play including the COVID-19 pandemic and the risk associated with that. The WWBC has proposed a list of precautionary safety measures. Your comments during the meeting or an email before the meeting will be taken into consideration. Email comments to dmatthews@tuxedopark-ny.gov.
The Village Board of Trustees met via Zoom on Wednesday, May 20, 2020. All Board members were present.
Mayor’s Comments:
Mayor McFadden opened the meeting by thanking those in attendance. He further commented that he had no new knowledge of any Coronavirus cases to report. He went on to thank residents, Village Employees, Police Department (including the Chief) Health Care providers and EMS for all the work they are doing to keep everyone safe. He encouraged residents to subscribe to “From The Mayor’s Desk” newsletters via the Village website and further noted that the Police Department had a webpage as well, which could also be accessed via the Village site.
Department Reports: Police – Chief Conklin reported the following for the month of April:
Non-Criminal Complaints – 240
Criminal Complaints – 2 Closed By Arrest – 1
Traffic Tickets – 2
Traffic Warnings – 5
Motor Vehicle Accidents – 0
Fire Alarms -6
Intrusion Alarms – 2
Medical Calls – 3
Assists Given to the Town of Tuxedo Police – 2
Assists Received from outside Agencies -0
Miles Patrolled – 1,997
Additionally, roughly 1.300 vehicles entered the Village via the Front Gate on a daily basis. Building & Capital Report – Click here to view this report.
Village Attorney Litigation Report:
There are currently 3 pending cases as follows. All three cases are pending in postponement until the courts re-open.
Committee Reports:
On behalf of the Lakes Committee, Jim Hays reported that they had been reviewing the plans for the summer with the Lakes manager and that they would have some comments, which they would provide to Trustees Gluck and McHugh.
There is potentially a significant danger to the Tuxedo Lakes from a zooplankton called the spiny water flea. Fish who eat it can wind up with digestive issues or dead. The fleas attach themselves to fishing lines and can be transferred to and from bodies of water in that way. Mr. Hays stated that he would be happy to begin collecting samples over the summer in an effort to ascertain whether or not the spiny water fleas are in the Village lakes. If they are, they cannot be eradicated. If they are not, there are measures the Village can take to prevent them.
Report by Town Board Member of Trustee Liaison
There was none
Liaison & Trustee Reports:
Trustee Barnett reported that he had spent some time sitting with Village Clerk Debbie Matthews in order to properly assess how the Village should proceed after her retirement on October 31. Mrs. Matthews would like to see her successor in place prior to September 1 in order to provide enough time for a smooth transition. According to Mrs. Matthews, the five skills most needed to successfully do the job are: proficiency in QuickBooks (or similar bookkeeping software), proficiency in Excel and Word, an accounting background, municipal experience with procedures, regulations and reports and most importantly, the ability to multi-task. The job by nature entails constant interruption and the position must be filled by a person who can successfully “keep a bunch of balls in the air.” When asked what the most demanding pars of the job are, Mrs. Matthews indicated that the budget process and that preparation and supervision of the annual Village elections were the most time consuming. She further indicated that there was no single task that was overly demanding but when put together, and particularly with competing demands, the job can be difficult to manage and do well. She feels that having an assistant, be it full or part-time, will be very important. Finally, Mrs. Matthews indicated that it is a good job, which she has enjoyed. She does not think the Village will encounter trouble finding strong candidates to fill it.
Trustee Barnett further noted that during the process of meeting with Mrs. Matthews, he had attempted to walk into the office with “fresh eyes.” He believes there is a lot of clutter that needs to be sorted through and stored away. More importantly, the office itself in a post-pandemic world needs to be addressed. The way things are currently set up/designed it is impossible to achieve appropriate social distancing for the employees. Procedures regarding masks and gloves need to be established. He also recommended that they seriously consider closing the front doors for entry and having all access come through the courtroom. Anyone who wants to visit with/speak to Mrs. Matthews or Mr. Ledwith would do so in the courtroom where there is proper space for social distancing. This could be a temporary practice.
Public Comments:
John Watson commented that he felt the Board was doing a great job, especially managing things during the pandemic and providing support to residents, public servants and local businesses. He thanked everyone for their efforts.
Old Business: Booth Discussion – Budget & Agreements (if approved by vendors) – Mayor McFadden opened the discussion by noting that the most recent budget for the booth was not approved. There have been several discussions at the Board level concerning the requirement for redundant equipment, which has a price tag of roughly $16,000. The Mayor asked the Board members for their views as to how they should proceed in order to get the budget passed and move the project forward.
Trustee Coen suggested that there were two possible approaches: they could either take the money from unallocated surplus or they could look to amend the resolution to relieve the requirement. She believes they should go with option one. She suggested that with the budget as currently proposed, the Village would be gaining a booth valued at $140,000 for an expenditure of $16,000. This seems like a fair deal to her.
Trustee Gluck noted that the booth expenditure had not been included in the budget. He has consistently felt that the project should be funded privately (without the use of any public funds) and in light of this and the recent budget process he does not favor taking the money from unallocated surplus.
Noting that the Chief does not believe the redundant equipment is necessary, the Mayor commented that perhaps they could delay the purchase of the lion share of equipment, allowing for the ability to open and close the gate from the Keep, and reassess the need for the rest of it in 6 months time.
Trustee Barnett commented that it was his belief that because of the current situation with Covid-19, the project should be delayed until sometime in 2021. The booth as proposed does not allow for proper social distancing. He reiterated the importance of the redundant equipment under these circumstances and ultimately concluded that he felt the money should come from the unallocated surplus.
Following some further discussion, the Board voted in favor of taking the necessary funds from the unallocated surplus and approving/passing the budget for the project. Mayor McFadden commented that this did not mean that the project would begin immediately as they still needed to finalize contracts with two of the primary vendors. Resolution – Approve scope of Work for Milfoil Barriers on Lakes – The Board voted in favor of approving the Northeastern Aquatic Research proposal to construct and install milfoils fragment barriers in the Village lakes at a cost not to exceed $3,400 (with the cost allocation of $1,700 from the Water Fund and $1,700 from the General Fund)
New Business: Resolution – Hire Part Time Police Officer – The Board voted in favor of hiring part time police officer Tyler Stark at the current Monday-Friday rate of $26.5 per hour and Saturday/Sunday rate of $32 per hour effective May 21, 2020 having successfully passed the required background check and an interview with Mayor McFadden. Resolution – Approve Increasing Fees For Garage Rental Units and C of O Searches – The Board voted in favor of increasing the rental fee for garage units from $150 per month to $200 per month as well as increasing the cost of Certificate of Occupancy search Requests from $100 to $300 beginning June 1, 2020 as approved in the 2020/2021 adopted budget. Resolution – Approve Levy of Village Unpaid Water Accounts to Village 2020 Tax Bill – The Board voted in favor of levying unpaid water bills for 30 residents in the amount of $37,885.36 onto their 2020 tax bills. Resolution – Approve Renewal of General Liability Insurance Through Marshall & Sterling – The Board voted in favor of approving renewal of the policy at a rate of $87,250 (the same rate as last year) with $66,250 coming from the general Fund and $21,000 from the Water Fund. Resolution – Approve Haugland Truck Storage Agreement – The Board voted in favor of authorizing the Mayor to sign the Haugland truck storage agreement contingent upon a number of conditions that need to be reviewed with Haugland. Resolution – Approve Madden Dock – Following some discussion with Mr. Madden, Building Inspector John Ledwith and the Village Attorney, the Board approved the Madden’s application for a floating dock and the installation of underground conduit.
Public Comments:
A member of the public identifying himself as Paul congratulated the Board on completion of the budget. He noted that in order to make things operate in a financially and economically effective way that decisions should be made promptly and constructions projects done. He is afraid that right now the traffic booth project seems to be potentially sliding back in time again. “This has been a long time coming and we have had cost runs because it has been a long time coming,” he stated. He reminded the Trustees that the world would return to some sort of normal after Covid and further cautioned that they should be careful about spending money on things that might not be relevant six months from now. He then congratulated the Trustees on coming in under the 2% cap increase, but further commented that he feels there is a long way to go. It has been noted that there are a lot of people who are grieving their homes and sales of some homes that have gone through at much lower prices than expected. For the good of the community he wondered whether there was a reasonable projection or estimation as to how badly this will hit the tax base in Tuxedo and what will the Village be able to afford to provide its’ citizens. In this day and age, he feels it is critical to be able to have some serious forward planning.
Trustee McHugh responded that some new houses have been built in the Park and that this has had a beneficial effect on the tax-roll as have people who have done major renovations. These things have somewhat mitigated the effects of lower sales prices. He further noted that he would be able to provide some “better color” with “greater flavor” at the next meeting but the good news is that there is currently a new house being built on Tower Hill Road. The land was sold for $350-400,000 and the building permit is for a 3.5 million dollar home. This also does a good job of mitigating some of the lower sales prices within the Park.
Paul thanked Trustee McHugh, commenting that he new it was not a simple thing to evaluate especially given the period of uncertainty the world is currently in. He looks forward to taking a deeper dive into all in the future. He appreciates the fact that the Board has been sensitive to the fact that it is a difficult economy at this time and the long-term projections to make Tuxedo Park as attractive as possible a place to live is something that they are all taking very seriously.
Following the approval of minutes, the Board adjourned to an executive session to discuss the employment of a particular person.
When they returned to the regular session, the Trustees voted in favor of abolishing the position of part-time clerk effective immediately. The duties previously assumed by the part-time clerk will be taken over by the clerk and Mayor.
The Board of Trustees adopted a final budget for the 2020-2021 Fiscal Year. We want to thank the residents that took the time to participate in the budget hearings and the overall process. Your input was informative and very valuable to the Board.
This note contains a summary of the budget process, the final budget changes and the impact on your real estate taxes.
Budget Process in a Nutshell January-February: The budget process began where Board members rigorously reviewed estimated resources and proposed expenses with Department heads.
March: Two public budget workshops were held where trustees did a deep dive on each line item. For non-contractual payments, the line item numbers were, in many cases, determined after a five-year historical analysis of expenditures, input from other municipalities and Orange County governmental officials, and other experts, etc.
April: As is required by law, a Preliminary Budget must be adopted to provide a basis for public comment and further amendment. The Preliminary Budget is NOT a final budget and was unanimously adopted by the full Board on April 8th representing a 5.5% increase year-over-year in taxes.
On April 15th, a Budget Hearing was held where several members of the public urged the Board to strive for no or only a minimal tax increase. On April 17th, a special meeting was held where the Board developed a list of potential expense savings and user fee increases for public comment. Another special meeting was held on April 28th to hear public comment and discuss each of the possible expense reductions/revenue opportunities identified. A Final Budget was approved on April 30th.
Final Budget
Despite headwinds caused by decreased revenues from lower real estate property assessments resulting from grievances and a projected decrease in the Orange County sales tax rebate related to the pandemic, the Final Budget represents a 1.18% year-over-year increase in the tax rate without severely impacting services to residents. (Last year’s tax rate increase was 3.37%). Year-over-year expenditures have been limited to an increase of ~$11,500—about 27 basis points (.27%).
The reduction is driven by the following changes to the Preliminary Budget:
Revenue Increases ($130,400)
Allocated Surplus Increase by $120,000 ($120k to $240k): This item has the biggest impact on keeping the tax increase lower. Due to cost savings efforts it now appears there will be greater surplus funds than anticipated at fiscal year-end. Therefore, an increase in allocated surplus has been made while still maintaining a prudent reserve consistent with the Comptrollers guidelines.
Increase in User Fees by $10,400: Increase in licensing fees for WeeWah Beach and WeeWah Fishing Club to $1,000 ($1,600 impact), increase storage unit charges from $150 per month to $200 ($4,800 impact), increase certificate of occupancy issuance charge from $100 to $300 ($4,000 impact).
Net Expenditure Reductions ($30,680)
Expenditure reductions include a $5,000 reduction for building equipment, an additional $15,200 reduction in road paving costs (expense likely to be deferred to future years), $2,500 reduction in personnel costs related to snow removal, $10,000 reduction in financing of dump truck by extending term, elimination of $1,000 recreation budget. Offsetting these reductions was add back of Code Red system cost ($3,020) as proposed alternative was determined not to be less expensive.
Please stay safe.
Note: The Board of Trustees (the Mayor abstaining) approved the distribution of this letter.
Notice of Special Board of Trustees Meeting May 15, 2020
Friday, 5/15/2020 @ ___ , via Zoom, for the purpose of adjourning to executive session to discuss the employment of a particular person. Zoom instructions to follow..
Notice of Special Board of Trustees Meeting May 13, 2020
SPECIAL BOARD OF TRUSTEES MEETING – Wednesday, 5/13/20 @ 9:30 a.m. via Zoom for the purpose of discussing: Capital Projects list, employee performance review process, clerk-treasurer replacement, budget process memo, executive session to discuss the employment of a particular person, and any other matters that may come before the Board. Zoom instructions to follow.
Notice of Special Board of Trustees Meeting May 6, 2020
Wednesday, 5/6/2020 @ 9:30 a.m. via Zoom for the purpose of discussing electrical upgrades to Mt. Farm pump station, additional road paving in this fiscal year budget, increasing certain fees for 2020-2021 and any other matters that may come before the Board. Zoom instructions below:
Notice of Special Board of Trustees Meeting April 21, 2020
Tuesday, 4/21/2020 @ 7:00 p.m. by video teleconferencing via Zoom. Purpose: Continuation of the public hearing on Local Law Introductory No. 1 of 2020 and budget discussion. Zoom instructions below.
The Village Board of Trustees met on Wednesday, April 16, 2020 via Zoom conferencing. All members were present.
Mayors Comments:
Mayor McFadden opened the meeting by thanking residents for their cooperation in following the State, Federal and local guidelines to prevent transfer of the Corona Virus. He further thanked the Village employees, including the Police Department, for standing on the front lines for the residents. Finally, he acknowledged Fire, EMS and Healthcare personnel throughout Orange County commenting “We couldn’t do this without you.”
Public Hearing – 2020/2021 Preliminary Budget:
The Public hearing was opened. The Mayor explained that the purpose of the hearing was to take comments from the public regarding the proposed budget. He further suggested that what had been proposed was not set in stone and that it could be altered if the Board chose do so, or it could also be adopted without changes. He then noted that he would begin by providing his thoughts, after which he would ask each of the Trustees to give their’s before opening the floor to the public. He thanked Trustee McHugh and his team for providing a budget for review that contained “little or no fat.” However, he is opposed to exceeding the cap this fiscal year. “Times are tough and we all need to make sacrifices,” he added. Despite the fact that the budget he originally received for review had little to no fat, it was still roughly 2.9% over the 2% cap. In an attempt to lower the expenses, he met with General, DPW and Police department heads and asked each of them to lower their expenses in their departments in order to bring things down to cap. This was done and the Mayor returned to the Trustees with his suggestions, which included some “actual sacrifices” and “deep cuts” such as cutting a $400,000 line item for road maintenance. The Board then collectively looked at the proposed changes, ultimately compromising on several of them, resulting in the proposed preliminary budget.
As previously noted, before opening the floor to public comment, Mayor McFadden asked the Trustees for their comments.
Trustee McHugh stated that he was more interested in hearing what the public had to say and further suggested that based on their comments, he might want to respond. As none of the other Trustees had comments to make, the discussion was opened to the public.
8 residents spoke over the course of 35 minutes. The Board was urged not to exceed the tax cap and even to lower taxes if possible. Further it was suggested that they should work with both the Town and the School to lower taxes across the Board. Expenses associated with the Tree Board and Personnel were openly questioned. The idea that taxes are an impediment in attracting new residents to the community was discussed. The question was raised as to what, aside from Road Maintenance, might be cut in order to bring the budget under cap.
It was determined that the hearing would remain open for written comment through Thursday, April 16 at 5pm.
To listen to the hearing in it’s entirety, click here.
Public Hearing – Local Law Introductory #1 of 2020 – Tax Cap Levy Limit:
The public hearing was opened.
The Mayor explained that if LL Introductory #1 were passed, the Board would have the ability to exceed the maximum 2% property tax increase. That being said, if they were to finalize a budget that was either at the cap or below, they would not have to pass the legislation. On the advice of Village Attorney Brian Nugent, he suggested that they would not vote on the legislation that evening, but rather leave the hearing open while they continued to assess the budget. If they determine that they need to exceed the cap, the law must be adopted prior to the adoption of the budget. The floor was then opened to public comment.
Trustee Coen commented that what she was largely hearing from the public was that they did not want to see any tax increase. For the purpose of clarification she pointed out that what was being discussed was the possibility of exceeding the cap. The tax cap is set at a certain percentage (2%) The assumption is that there will be a tax increase. The issue being discussed is whether or not the Village will exceed that 2% cap and the necessary legislation involved with doing so. She further noted that in asking the various departments to make cuts, ultimately it was not those departments that would feel the pain, but all of the taxpaying residents and that what needed to be determined was whether or not the cuts made sense from a community prospective. “What I would like to hear in the comment period,” she continued “is if we cut certain services, how would you feel about it? For instance, for arguments sake, if we had one police officer at night, how would you feel about that? If we cut our garbage contract to one pick-up a week, how would you feel about that? If we didn’t pave the roads, how would you feel about that? Those are the kinds of things that we need to know when we are making these value determinations.”
Mayor McFadden agreed, wondering how those members of the public who were present would feel about these types of cuts if making them would bring the budget below the 2% cap.
Various members of the public responded with their thoughts.
Click here to listen to this the public hearing in its entirety.
Ultimately it was determined that the Board would hold a budget workshop meeting on Friday, April 17 at 9:15 for the purpose of putting together a more definitive list of potential deep cuts for public consideration. The Public hearing was continued until Tuesday, April 21 at 7pm.
Department Reports: Police – Chief Dave Conklin reported the following for the month of March:
Non-Criminal Complaints -170
Criminal-Complaints – 3
Motor Vehicle Accidents – 0
Traffic Tickets – 7
Traffic Warnings – 1
Fire Alarms – 2
Intrusion Alarms – 1
Medical Calls – 2
Assists Given to The Town of Tuxedo Police – 2
Assists Given to Other Police Agencies – 3
Shots Fired – 1 Report (Town of Tuxedo)
Miles Patrolled- 2,092
Additionally, approximately 1,300 vehicles entered the Village on a daily basis via the Front Gate. DPW- Trustee McHugh noted that DPW Superintendent Jeff Voss was not present. The department has been busy with cleaning up the side roads, brush cutting and catch basis repairs. With regard to a question that was raised earlier during the public hearing on the budget, he noted that hydrant flushing would be deferred and that they would make an announcement as to rescheduling once they were able to gain greater clarity as to the number of residents who were “in house.” Building & Capital – Clickhere for the Building Department Report.
Village Litigation Report:
Because the court system remains largely closed, there is nothing new to report on the three existing cases involving the Village. They all remain pending.
Trustee Reports: Trustee Barnett reported that he had conferenced with the Chief to discuss various ways in which the Police Department could be kept safer and run most efficiently given the current environment. (Covid-19) The Chief has done a commendable job and was ahead of the curve coming out with several directives early in March before the virus had attracted a great deal of National attention. Issues regarding the Keep and the Booth are complex and these are being looked at further. He expects to be able to report on this within the next two or three meetings. Trustee McHugh commented that he had a laundry list of capital items to report. Regarding completing the paving of Club House Road, the Orange County DPW has provided a quote, which is within the budget. A motion to approve the project will come before the Board later on the agenda. Similarly, there are three sewer pumps in need of replacement. One is a clarifier at the sewer plant and the other two are located at the Turtle Mountain Pump Station and the Water Plant respectively. Bids have been collected and Trustee McHugh’s recommendation is that the Village proceed with the lowest bid for each. There will also be an associated electrical expense. This expense is within budget and is also slated for approval later in the agenda.
Lakes Management Discussion:
The Board is in receipt of an Aquatic Plant Management report from N.E.A.R. (North East Aquatic Research) including recommendations for remediation of Eurasian Water Milfoil in all three lakes. (Clickhere to view the report/recommendations.)
In brief, N.E.A.R. has recommended the use of the herbicide ProcellaCOR in Tuxedo Lake, where they believe the Milfoil is far too extensive to be managed practically by DASH harvesting , use of ProcellaCOR or DASH harvesting or a combination of the two in Pond #3 and DASH harvesting only in the Wee Wah.
The Lakes committee was consulted for their thoughts on the recommendations and that group subsequently held a conference call with N.E.A.R. and Trustee Gluck. A summary of these discussions has been distributed to the Board. Trustee Gluck suggested that Committee Chair Jim Hays would be able to relay the committee’s thoughts to the public.
Trustee McHugh added that they had also received a water quality report, which contained nothing “too dramatic.” There were some action items and recommendations, specifically a 2021 action item for Pond #3 and the recommendation that they take a deeper dive into the intake valve for the water treatment plant on Tuxedo Lake.
Mayor McFadden commented that he had a different view on how to deal with the Milfoil than some of the other Trustees. The lake managers have recommended the use of ProcellaCOR, a relatively new herbicide designed to be used in drinking water. It is potent but it is safe. It has EPA, State and DEC approval and it has been used in the Croton Water Shed. The EPA has given it a “reduced risk” classification, meaning that it is safe. An argument against using ProcellaCOR is that it is relatively new, but the Mayor feels this is a subjective point. The Board recognizes that dumping chemicals into the lake could be considered controversial, although Mayor McFadden noted that he had surveyed the Tuxedo Lake front property owners and they were “all for it” as are the lake front property owners on Pond #3. It is dangerous to swim in, and swimming is permitted in Pond #3. This is something the Mayor feels the Village should do in Tuxedo Lake this year in small portions, potentially at the south end of the Lake and in front of both the Village Boat Club and the Tuxedo Club Boathouse to see what happens. In doing so he feels they should go out fairly quickly and let people know what they might do with this chemical and get some feedback in order to determine what they are up against in terms of community buy-in. “Everyone may be total gung-ho or maybe its going be a fight for five years, but we might as well start that process.” Finally, he noted that he was an avid fisherman and that he had been out on the water over the course of the past couple of weeks and had noted that the conditions were prime as the milfoil had yet sprouted. “The recreation on the Tuxedo Lake would just improve so much….and we haven’t done anything over the years except some DASH. I will really push to get that done.” He re-iterated that his proposed compromise was to treat Pond #3 with ProcellaCOR and also portions of Tuxedo Lake. If they achieve good results, then he feels the entirety of Tuxedo Lake should be treated the following year.
Representing the Lakes Committee, Jim Hays commented that they had met with N.E.A.R and many of the committee members support the recommendations. Although the milfoil is fairly scattered in the Wee Wah Lake, the committee fears there is potential for the lake to become clogged in a few years if aggressive action is not taken. Following discussions with N.E.A.R., he Lakes manager has revised his recommendation suggesting that 9 days of DASH as opposed to 5 would be appropriate, 5 days earlier in the season and 4 days later on. In Pond #3 ProcellaCOR and/or DASH Harvesting has been recommended. The committee is divided on the use of ProcellaCOR half supporting the recommendation and half opposed. Essentially DASH has been proposed for the stream that runs into the pond from Tuxedo Lake as well as for the shallow southern end, with ProcellaCOR being used in the rest of the lake. “This division on the Lakes Committee is unfortunate,” commented Mr. Hays, “but I think you are probably going to find a similar division within the community.” With regard to Tuxedo Lake, the committee was also divided. The Lakes Manager has suggested testing by treating only portions of the lake, similar to what the Mayor is advocating, to be followed by treatment of the entire lake. The committee feels that there may be a time issue with this as the evaluation of the tests may take too long.
Trustee Gluck noted that using ProcellaCOR on Pond #3 would cost $14,000 and if they chose to also utilize DASH Harvesting, this would cost and additional $14,000. He recommends the use of ProcellaCOR on Pond #3, based not so much on the financial considerations but more that the Lakes Manager believes that it will be a more effective treatment option. He further suggested that the Village should defer herbicide treatment in Tuxedo Lake for one year. The Lakes Manager has indicated that things will not get worse in that amount of time. This will allow the Village time to build up support for the initiative.
The Mayor agreed, again suggesting that they do “an initial poking around” for feedback with everyone on the water system now. If the response were positive, perhaps the Village could move forward now. He further offered to write a community letter, sending a letter to the Board for approval.
Trustee Gluck noted that timing might be an issue in terms of permitting.
Trustee Coen stated that she would like to see a cost benefit analysis. What is the actual impact of EWM on the water quality, as opposed to just recreation? What will happen if the Village neglects to take care of the problem this year?
Trustee Gluck responded that EWM would have a long-term ecological effect on the health of the lake because it crowds out other species and plants and it changes the ecology of the areas where the fish spawn.
Trustee McHugh commented that he agreed with Trustee Gluck in that they should use ProcellaCOR on Pond #3. With regard to the Wee Wah he feels they need to be very vigilant in terms of staying on top of things there. He noted that one thing that had not been mentioned is that barrier curtains were going to be installed between Tuxedo Lake and Pond #3 as well as Pond #3 and the Wee Wah. This will help to minimize the fragmentation that is coming off of Tuxedo Lake. He would prefer to use Pond #3 as a “base case” for ProcellaCOR. He is worried about the financial implications of treating Tuxedo Lake. He further noted that they needed to be cognizant of the fact that much of this would be funded by he water department, and that this included a far greater group of people than just the 300-some-odd residents of the Village as they have a total of 702 customers.
In defense of fishermen, the Mayor commented that the milfoil had an adverse effect on fish as well and that both the Village and the Club spent money stocking the lake each year. This is something to consider. That being said, he stated that everyone had to make sacrifices and if they were in a position to let the milfoil go in Tuxedo Lake for another year, they should probably do it.
Jim Hays commented that the herbicide 24D had been used in Pond #3 two years ago and that it had not been terribly effective in the south end because of the shallow water there. The inlet from Tuxedo Lake seemed to disperse the herbicide in that area. The Lakes manager has recommended DASH pulling in that area.
Following some further discussion, it was agreed that Trustees Gluck and McHugh would begin investigating pricing as it pertains to the lakes managers recommendations. It was further agreed that in conjunction with this, they would begin to investigate permitting for herbicide in Pond #3, but that they would not pursue permitting for Tuxedo Lake this year. It was also agreed that it was unlikely that would pursue DASH harvesting in Tuxedo Lake either as this method of abatement had proven both costly and unsuccessful in years past.
Report by Town Board Member or Trustee Liaison:
Trustee Gluck reported that there would be a public hearing on the Town/Village consolidation plan via WebEx on Monday, April 27.
Public Comment:
Jim Hays commented that although the results of the DASH harvesting on Tuxedo Lake were not as positive as they had hoped last year, it was important to note that they had not been given much time to harvest and that there had been boats docked in the piers which interfered with the work they were doing. If people are going to be using the lake from both boathouses this season, the milfoil is going to become a big problem in those areas if the Village elects to do nothing there.
Trustee Gluck responded that they had received the same feedback from the harvesters last year and that they had taken it to heart. Should they decide to move forward with DASH harvesting in those areas, the Village Boat club would be relocating their boats and he was certain that similar arrangements would be worked out with the Tuxedo Club.
Bill Bortnowski thanked the Trustees for all of the collective work they had been doing to keep the Village running smoothly and efficiently on a tight budget. That being said, he noted that he wanted to bring attention to a serious dilemma that was facing residents in both the Village and the Town. Nobody wants to talk about how the Corona Virus is affecting the people, but right now, generally speaking, everyone is anxious and worried while living in self-quarantine. People are afraid of who they talk to and who they come into contact with and the subsequent possibility of becoming infected. The community is looking to their leaders to infuse them with a positive message of hope and inspiration to distract them from all the negative news. Noting that he understood that the budget was tight, he commented that the proposed traffic booth at the front gate had been almost entirely funded by private donations and seemed to be awaiting only a final approval from the Board before getting underway. Why not start the construction on the booth now and announce the project to the people to show them “a little bit of a light at the end of the tunnel.” It’s a 3-month project that will be mostly constructed off-site. It can be constructed in a safe environment with minimal concerns about any viral contamination. It is likely that there would not be more than two people working on the project at any one given time. With safe distancing this should not have any effect on the workers or on police officers who are working at the station. His understanding is that the project is already in full compliance with the Village Code, NYS State and Federal law and is even approved and exempt under the Homeland Security Essentials Guidelines. The project has also been presented to the new Chief of Police, who has also given approval. Mr. Bortnowski asked the Board to consider granting final approval to the project and allowing it to commence on May 1, further noting that because everything was shut down, traffic would be minimal. “The President and the Governor are already trying to restart the country, so why don’t we try to reset and restart things locally on our level?”
Mayor McFadden thanked Mr. Bortnowski for his comments, noting that project approvals were on the agenda for discussion.
Old Business: Booth – Review Vendor Agreements/Review Budget- The Mayor noted that a revised budget for the booth project had been circulated to the Trustees and he asked for comments.
Trustee Coen responded that she did not have any comments and that the budget looked fine to her.
Mayor McFadden noted that the new budget required some additional funds because the quote given to them by S & B was larger than the price they had obtained from the previous contractor, which they lost due to timing issues. Also there was some potential that this could be raised privately.
Trustee Gluck commented that he had voted no on the prior budget because he did not feel that the project should be supported by public taxpayer funds. He maintains this view and stated that he would be voting no.
In response, Mayor McFadden noted that the funds raised for the projects covered what was initially proposed however the Board had added a redundant set of equipment for The Keep and this brought the cost of the project over the amount raised.
Trustee Coen commented that she was confused by the budget. The last budget she saw, which she felt they had adopted, showed roughly $2000 funds remaining while the new budget had increased by that same amount and this should cover the increase.
John Ledwith commented that originally 99% of the project was funded by donation but there have been some additions to the project and a change in contractors. There is a differential of $2,000, which is a relatively small amount considering the amount of changes and all of the approvals that were required to get the project to this juncture.
Acknowledging that the new budget remained very close to the original budget that was approved by the Board, Trustee Coen reiterated that she was ok with the new budget.
Trustee McHugh commented that he did not feel that the project should be publicly funded. Noting that the Mayor had done a “miraculous job” getting the project close to the finish line, he further commented that in order to bring it over the finish line it would need to be exclusively privately funded. Additionally he expressed some concern with the contracts, inquiring as to who the 3 bidders were that resulted in the choice of S & B and also suggesting that in his view, they needed to get re-pricing on the major components and go through a re-bidding process in order to make sure the pricing was accurate.
The Mayor responded that several months back he had expressed concern that they might lose contractors due to the amount of time it was taking to get the project approved. As far as he is concerned, S & B is a continuation of the five other bids he collected for that aspect of the projects. He compared S & B to those bids.
Trustee Barnett commented that he had reservations about the project. He feels that they would be building something in the midst of a pandemic when they have no idea how long it is going to last or whether it is going to resurge again and what changes might have to be made. He would like to see the contracts as part of the final budget and insure that the project is being funded from private funds as opposed to the Village Budget.
The Mayor noted that in the previous project budget, which had been approved by the Board, it was noted that any remaining expenses would be funded by the Village, which he felt was fair considering the fact that the cost of redundant equipment for the Keep had been added to the project, and this was not included in the scope of what was originally fundraised for. He then made a motion to approve the revised budget. Trustee Coen indicated that she supported the proposed budget while Trustees Barnett, McHugh and Gluck voted no.
New Business: Lack of Security at the South Gate, Wee Wah Road & Warwick Brook Road- The lack of security at the South Gate was discussed. The Mayor proposed the installation of a 6-foot fence, to be installed on either side of the road near the gate. He presented the Board with images of the proposed fencing, commenting that it would cost the Village roughly $6,000 and that he would like to take the proposal to the BAR for their review.
There followed a somewhat lengthy discussion. Ultimately it was determined that the proposed fence would not be the best use of taxpayer money and that some well placed, clear signage combined with an increase in police presence and vigilance would be a better approach. Mayor McFadden volunteered to work on the verbiage for such a sign and circulate it to the Board for review. Approve Purchase of Clarifier/Sewer Pumps – The Board voted unanimously in favor of approving the purchase of a clarifier and two sewer pumps, as discussed earlier in the meeting, including associated electrical costs, for a total of $25,929. Approve Paving of Club House Road – The Board voted unanimously in favor of approving the paving of Club House Road at a cost of $46,000. Authorize Bidding for Sludge Removal Services and Set Bid Opening Date – The Board voted unanimously in favor of authorizing bidding for sludge removal services and set a bid opening date of Tuesday, April 29 at 2pm. Announce – Election Poll Location and Time for June 16th (Dependent on State Regs/Covid-19) – Trustee Barnett announced the election to fill two Trustee seats on Tuesday, June 16 from 7am-9pm at the Village hall dependent on State Regulations pertaining to Covid-19.
Public Comments:
There were none.
The meeting was then adjourned to an Executive Session to discuss the employment of a particular person.
Notice of Board of Village Trustees Meeting & Two Public Hearings April 15, 2020
Board of Trustees Monthly Meeting and Two Public Hearings – Wednesday, 4/15/2020 @ 7:00 p.m. by video teleconferencing via Zoom. Instructions to attend by Zoom to follow.
The Village Board of Trustees held a Special Meeting on Monday, April 6, 2020 at 9:30am via Zoom. All members were present.
The Mayor opened the meeting by thanking both village residents and employees for the great job they having been doing in following Covd-19 guidelines.
Official Village Communications:
The Trustees discussed a proposal set forth by Trustee Coen to include a provision in the Village’s Social Media Policy (or some such similar policy) that outlines what a Village Official can do in terms of communicating with the Public..
Click here to listen to that discussion.
Budget Workshop/Tax Cap Local Law:
The Board discussed the budget as well as the potential introduction of a local law that would allow them to override the tax cap. Enacting such a law does not necessarily mean that the tax cap will be exceeded, but it does allow the Village to exceed it if necessary.
The Board voted 4-1 in favor of moving forward with the local law with Mayor McFadden voting against. A public hearing was set for April 15 at 7pm.
Click here to listen to that Discussion
Discuss Booth Vendors:
The Board discussed the Booth project, specifically the need to revise the project budget based on the loss of one of the key vendors as a result the lag time between the bid submission and forward movement with the project. Additionally, Trustee Barnett expressed concerns with safety in the Booth given the potential need for social distancing within and suggested that they consider scheduling a meeting to discuss tabling the project until the threat of Covid-19 has safely passed.
Click here to listen to that discussion
Notice of Board of Trustees Budget Workshop April 8, 2020
Board of Trustees Budget Workshop- Wednesday, 4/8/2020 at 9:00 am via video teleconferencing for the purpose of a budget workshop, booth meeting, and any other matters that may come before the board.
Notice of Special Board of Trustees Meeting April 6, 2020
Special Board of Trustees Meeting – Monday, 4/6/2020 at 9:30 am via video teleconferencing to discuss booth vendors, official Village communications, tax cap local law, budget workshop, and any other matters that may come before the board. Instructions for Zoom meeting:
The Village Board of Trustees held a special meeting via ZOOM on Thursday, April 2, 2020 at 9am. All Board members were present.
The Mayor opened the meeting by thanking everyone for cooperating under the guidelines that have been put out by the State. Orange County is unfortunately a “hot spot” for Covid-19. He then invited the audience to ask any questions they might have on the topic. There were none.
Lakes Management:
The Board is in receipt of an Aquatic Plant Management report from N.E.A.R. (North East Aquatic Research) including recommendations for remediation of Eurasian Water Milfoil in all three lakes. Clickhere to view the report/recommendations.
A water quality report is forthcoming.
In brief, N.E.A.R. has recommended the use of the herbicide ProcellaCOR in Tuxedo Lake, a combination of ProcellaCOR and DASH harvesting in Pond #3 and DASH harvesting only in the Wee Wah. Additionally they are recommending that the Village install boons on both Tuxedo Lake and Pond #3 in order to prevent fragmentation from flowing downstream.
The question as to whether or not the Village should utilize herbicide in the reservoir is a controversial one.
Lakes Committee President Jim Hays was on hand and voiced some concerns on behalf of the group regarding the efficacy of procellaCOR, which is a relatively new herbicide, and it’s ability to reduce Milfoil in all three lakes over the long-term.
Boating Activity:
There has been some confusion with regard to recent communication from the Village concerning one of Governor Coumo’s Covid-19 mandates and how it effects boating on Tuxedo Lake, particularly via the Tuxedo Club. This was discussed at some length.
Click here to listen to this discussion.
Social Media Policy:
The Board had a lengthy discussion regarding a draft social media policy.
The conversation was brought to a close after over an hour as the attorney was on a time constraint and the Board needed to enter into executive session in order to discuss litigation.
Click here to listen.
Future Meeting:
Following their executive session, the Board decided to hold another Special Meeting on Monday, April 6 at 9:30am for the purpose of discussing booth vendors, official Village communications, tax cap local law, budget workshop, and any other matters that may come before the board.
Notice of Special Board of Trustees Meeting April 2, 2020
Special Board of Trustees Meeting – Thursday 4/2/2020 at 9:00 am via video teleconferencing to discuss lakes management, the tentative budget, social media policy, the booth, and any other matters that may come before the board. Instructions for Zoom meeting:
Governor Andrew Cuomo recently issued Executive Orders 202.10 and 202.11. Of particular importance to the Village are provisions restricting gatherings and the enforcement of those gatherings by police officers and building inspectors.
EO 202.10 states that non-essential gatherings of individuals of any size for any reason (e.g., parties, celebrations, or other social events) must be canceled or postponed. EO 202.11 gives authority to police officers and building inspectors to enforce the gathering restrictions.
Boats and Lake Recreation: Because we have boating and lake recreation within the Village, Executive Order 202.10 applies to the Tuxedo Club, the Village Boat Club, the Wee Wah Fishing and Boat Club and the Wee Wah Beach Club. The order applies to all boats and recreation on all three lakes. Please abide by these restrictions.
Enforcement of Gathering Restrictions: While the Executive Order is in place limiting the operation of a facility or limiting the number of persons who may occupy any space, operation of that facility or occupancy of such space by more than the number of people allowed shall be deemed a violation of the Uniform Code or other local building code in effect in the jurisdiction where the facility or space is located.
Police Officers who are authorized to enforce laws within the jurisdiction in which a facility or space is located are allowed to remove persons from such space or facility.
A local code enforcement officer authorized to enforce the Uniform Code in the jurisdiction is authorized to issue an appearance ticket, Notice of Violation or Order to Remedy which shall require immediate compliance as well as issuing a Do Not Occupy Order to any owner, operator or occupant of any such facility or space.
Vehicle Inspections: Vehicles with an inspection certificate that was valid as of March 27, 2020, may continue to operate if such inspection expires after March 27, 2020.
School Closures: Extends closure of schools through April 15, 2020, at which time closures shall be re-evaluated.
The Village Board of Trustees met virtually on March 19, 2020 at 7pm via the online service ZOOM. All members were present.
Mayor’s Comments:
Mayor McFadden opened the meeting by recognizing all of the Village employees for showing “great resolve” under the current circumstances in keeping Village services functioning He thanked the entire team, namely Police Chief Dave Conklin, Village Clerk Debbie Mathews, Village Building Inspector John Ledwith, Deputy Clerk Denise Spalthoff, and DPW Superintendent Jeff Voss and his team, noting that they had put the needs of the Village before their own and that the community was incredibly fortunate to have such a dedicated team in place.
He also recognized the volunteer committee of concerned residents who started Outreach Tuxedo to help those in need with food and other services, as well as local business owners who have adjusted their business hours to accommodate changing schedules and food establishments with stepped-up delivery services and menus. He encouraged everyone to support these businesses and shop locally.
Finally, he recognized the Trustees for their work in putting together the Village’s Preparedness Plan and in assisting Village employees with ways to protect themselves in the work environment. The current health crisis is both serious and severe. The Village is in constant contact with County and State Department of Health Officials
While there are currently no known cases of Covid-19 in the Village, many residents have traveled globally, attended large events or been in direct contact with those who have. This puts everyone at risk. The Village takes this very seriously and is following the protocols our State and Federal government has laid out.
Should things take a downward turn, the Village has procedures they can activate immediately, including a number of Declarations of Emergency allowed by the State and the Village's own Emergency Response Plan, and these give them additional tools to regulate safety measures for residents.
Department Reports: Police – Police Chief Dave Conklin reported the following for the month of February:
Non-Criminal Complaints – 168
Car Accidents - 0
Traffic Tickets – 5
Warning Tickets – 3
Medical Calls – 1
Intrusion Alarms – 8
Fire Alarms – 1
Assists Given to the Town of Tuxedo Police – 1
Miles Patrolled – 2,186 DPW – DPW Superintendent Jeff Voss was not present. Trustee McHugh reported that the department had been practicing social distancing by assigning one employee per vehicle, with each vehicle undergoing a thorough wipe-down at the end of the day. The department has been busy with clearing catch basins, clearing brush along West Lake Road at the south end of the Lake and at the Racetrack. They are working to clean the roads and make things presentable for the summer months. Superintendent Voss has submitted his budget for 2020/21 and Trustee McHugh has been working on this with him as well as the Chief of Police. The preliminary budget will be circulated to the Trustees as well as made available to the public. Stressing that the document would be preliminary in nature, he noted that it would include wish lists from these departments and that much of the data still needed to be populated. It is a work in progress. Building & Capital – click here to view March 2020 Construction Report. Click here to view the March 2020 Project & Violations Update.
Village Attorney Litigation Report:
There are currently 3 pending cases as follows: Miller Vs. The Village – this is a case brought by the Millers against the Village and a neighbor due to some alleged drainage damages. The litigation papers were sent to the Insurance Carrier and an attorney has been assigned to defend the Village. Madden Vs. The Village – This is an Article 78 proceeding. The Village continues to await oral argument. Yaknowitz Vs. Tayback – This is a civil action brought for excessive force and false arrest. Insurance council represents the Village in this case. This case is in discovery and is on-going.
There are no new litigation expenses associated with any of these cases.
Trustee Gluck added that there was some additional litigation involving the Zoning Board of Appeals, which does have some ongoing expenses associated with it.
When the Mayor asked about associated costs, Trustee McHugh suggested that a total of $12,000 had been spent on this case to date.
Trustee Reports: Alan McHugh reported that he and Trustee Gluck had participated in a conference call with Jim Hays (Lakes Committee) and AJ from North Eastern Aquatics (Village Lakes Manager) for the purpose of reviewing the recommendations made by NEA with regard to lakes management and control of Eurasian Water Milfoil. They are beginning to “drill down” on these things in order to put together some preliminary figures for the budgeting process. They are still waiting for the complete and comprehensive water quality report. This is a work in progress. Otherwise, they have been busy working on the Village budget. Budget workshops will be coming up soon. The preliminary budget will be circulated via email first and from there they can determine how and when they will meet. Alan Barnett reported that he and Trustee McHugh had met with Chief Conklin and Denise Spalthoff the week prior to discuss the budget in detail. It was a good meeting and an amended budget will be forthcoming from the Chief.
Report By Town Board Member or Trustee Liaison:
This item was tabled until the next meeting.
Committee Reports:
This item was tabled until the next meeting.
Public Comments:
There were none
Old Business: Capital Projects List Discussion – The Boards have been working diligently on developing a capital projects list so that they can develop both short and long term assessment of the infrastructure and the cost. The list looks at long-term projects and top priorities both for the Capital Budget and the Water Budget as well as those projects that will not impact the budget but should potentially move forward. As they move into budgeting season there are 8 or 9 items from the list that they will be discussing order to determine how they can either fit them in or obtain financing, while really drilling down on the costs and what can realistically be accomplished in light of anticipated fiscal constraints. Top priorities include completing the on-going I&I project as required by the DEC, refurbishing the bridge between the Wee Wah and Pond #3 (very pricey), remediation and repair of a wall located on Summit Road, for which they must first determine ownership, a host of Lakes Management related issues, a new salt spreader for the DPW, a water loss leak detection system and a water emergency system (in case the Village should either lose the ability to pump water or access to it) There has also been some discussion of testing of a sewer pipe that traverses Pond #3. The line currently runs underneath one of the homes that sits along Pond #3 and there is some suspicion that due to the age of the pipe and the amount of effluent that travels through that area, that there may be some leakage there, although there is no proof of this. What is evident is a sharp increase of nutrient loading, but as per the Lakes Manager, this could be coming from the lake itself. Resolution – Approve sewer line inspection of Pond #3 Section – The Trustees discussed this item as previously described and John Ledwith provided some preliminary cost information for the project. Ultimately, it was determined that additional testing would be done in order to try and determine what was actually causing the nutrient loading before making the decision to embark on a major project.. No resolution was made. Resolution – Approve Memo from Chief that addresses replacing the booth - One of the conditions for approval of the booth project was receipt of an opinion from the Chief indicating that he believes that the booth will not have an adverse effect on the quality of policing in the Village or that it would prevent hiring on the Police force. Accordingly, Chief Conklin has submitted a memo and the Mayor invited the Trustees to ask any questions they might have. Trustee Barnett noted that he had 3 main concerns: the safety of the officers, would the booth function as effectively as the Keep and finally, the reaction of the police officers who would have to work there. The Chief addressed the last one in his memo, but Trustee Barnett does not feel the first two were effectively addressed. In today’s world he believes that safety to the officers must be a paramount concern. Given the current environment in this country, he wondered whether there existed any guidance from the State or Federal Police, Department of Justice, Homeland Security or the Department of Labor to guide the Village as to whether or not constructing a manned booth in this day and age would be safe. He is concerned with the degree of protection on the windows and he further noted that the booth would have only one means of entry and exit. Speaking to his concern about functionality of the booth as compared to that of the Keep, he noted that the Keep allowed for multiple persons to congregate and converse. Trustee Barnett feels that these types of interactions are essential to the working of an effective unit. He wondered how much space was available in the booth, how many officers could be in there at one time and whether or not this would be sufficient to maintain the dialogue, which he feels is an integral part of effective functioning within the department.
With respect to the security questions, Mayor McFadden noted that the glass in the booth would be bullet proof level 3, the same as the keep. In addition the structure has both a steel frame and steel plating and the interior is bullet proof. In terms of collision, the engineer has determined that it will sustain a hit from an automobile or small delivery truck. There will also be steel and concrete bollards out front that will provide additional protection. It has been designed to meet OCEA standard and to comply with handicap regulations as laid out in the American Disabilities Act. As per the approval conditions for the project it has been determined that all of the equipment in the Keep fits into the booth. There will also be a desk for a second officer.
Speaking to Trustee Barnett’s question about guidance from other authorities with regard to manned booths, Chief Conklin commented that he was not aware of any. That being said, he noted that every military base throughout the country maintains a manned booth.
Mayor McFadden then asked Chief Conklin to provide a general overview for the public of his position in terms of whether a traffic booth would have a negative impact on security or officer safety.
The Chief responded that speaking from experience in the Village, the level of face-to-face contact, communication, community policing and public relations was a lot stronger when there was booth than it is now with a speaker system.
In terms of the booth approval process, Trustee Gluck asked the Chief to affirm that he believed that the booth as proposed would not adversely effect police services.
The Chief replied that he believed police services would be increased with a booth. Having a person in the booth, with whom people have face-to-face contact, who is either allowing or denying access provides a sense of accountability. Currently, when people pull up to the gate, a voice comes over the speaker and asks them where they are going and then access is granted. There is no vetting taking place…no eye-to-eye contact or body language involved. “When I was coming for my interviews, I would stop at the front gate and say that I was going to the Village Hall and the gate would open and I was let through. Nobody knew who I was. I could have ended up anywhere in the Park and nobody would know. To me that is very lax security and I believe that having somebody in the booth, speaking directly to the driver as they pull up would allow us to ascertain what their real business is in the Park.”
Next Trustee Gluck wondered if there were any officer safety issues that need to be addressed that are not currently part of the booth configuration and if so, could they be brought forth in an executive session.
Chief Conklin agreed that he could do this.
Trustee McHugh noted that his questions, which pertained to staffing issues, would also need to be addressed in an executive session.
A member of the public identified as Omar inquired as to whether the booth would have either cameras or an emergency button that would allow them to request and receive back-up if needed.
The Mayor responded that there would be cameras both inside and all around the booth.
The Chief added that the officer in the booth would be able to call for assistance using their police radio.
Lili Neuhauser commented that she strongly believed that eye-to-eye contact was very important. She has spent time in the Keep and feels that from there the officers cannot see or clearly hear where people are going….but everyone is being let in! She supports the police department and feels that they are doing a great job with what they have been given to work with, but feels that things would be vastly improved with what the residents have asked for and voted for twice, which is the booth.
New Business: Resolution – Approve hiring of a specific part-time officer – The Chief read into the record a letter he had written requesting the Boards permission to hire Ken Sanford as a part-time officer at the rate of $28 per hour.
The Mayor then read a resolution supporting this request.
Trustee McHugh commented that he was opposed to it for a number of reasons. Mr. Sanford was previously the Chief of Police and he retired. He then came back as a part time officer for a period but ultimately quit. From an HR prospective Trustee McHugh does not think it is a wise idea.
It was determined that the discussion would be continued in executive session. Discuss the renewal of the Village MVP Health Insurance – Trustee Coen suggested that the Mayor designate somebody to further investigate in order to ensure that the Village was getting the best deal. She wondered how much time they had before renewal. It was agreed that Trustee Coen would meet with the current rep and report back. Discuss O&R storage outside the North Gate – One of the contractors that is working with O&R on the rehaul project in the Village is looking for a location where they can store some of their trucks, equipment and utility poles at night over the course of the next 6-8 months. They have agreed to pay $1,000 per month in addition to assisting the Village with the removal of hazardous trees that might not be a part of the O & R project.
Trustee McHugh noted that the Village had run into some trouble storing equipment at the proposed location back in 2018 during the dam construction. He further noted that space had been created at the DPW where the equipment in question could be stored and that he was strongly opposed to allowing it.
Mayor McFadden suggested that they could call the DEC and run it by them. If for some reason they were openly against it, the Village would act accordingly. It was agreed this would be done. Discuss New Social Media Policy - A facebook page has been created for the Village Police Department, however there is no social media policy in place to regulate it. Chief Conklin has provided information regarding what was done in Monroe and the Village Attorney has also opined on the subject. Trustee Coen suggested that the Trustees take a look at what had been distributed and then weigh in with their thoughts on the issues or concepts that should be included in the policy and these could be reviewed with the Chief and then passed along to the attorney, who could help to draft a policy.
There followed a brief conversation with regard to whether or not the public should be able to post comments on the page. It was agreed that Trustee Coen would meet and work towards a draft, which would be presented at the next meeting. Schedule dates for all budget workshops – The tentative budget will be circulated to the Trustees within a day or so and also posted to the Village website. Trustee McHugh suggested that they should meet somewhere around March 27, 30 or 31 and then again on either April 13, or 14 to discuss. He further suggested that they should prepare a document to have on hand in case they felt they might need to “violate” the tax cap. It was agreed that the meetings would be scheduled after the budget had been circulated and the Trustees had had time review and digest it.
Public Comments:
There were none
The Board then adjourned to an executive session to discuss matters relating to the employment of particular persons.
When they re-entered the meeting they voted unanimously in favor of approving the recommendations of the Chief pertaining to the booth, officially fulfilling condition C of the project approval as well as hiring Ken Sanford as a part-time police officer, effective immediately.
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Covid-19 Update - Village Services & Buildings - Posted 3/17/2020
Dear Neighbors,
Closures & Partial Closures.
The Village Office is open to employees only until further notice. Please use the phone and email to conduct business. We will set up a dropbox outside the door by Friday morning for document exchanges, including payments and recreational stickers (boats, etc.). You may continue to use the mail.
The Village Hall is closed to the public until further notice (see Village Court restrictions below).
The Village Court has postponed all non-essential functions of the court until further notice. All essential functions will continue as described here: http://www.nycourts.gov/whatsnew/pdf/Updated-Protocol-AttachmentA3.pdf unless otherwise Noticed by the Village Court Judge or Village Court Clerk.
The Village Police Department has limited residents access to the KEEP and LODGE at the front gatehouse until further notice. [The Police Department is located in the KEEP and the offices of the Chief and Deputy Village Clerk are located in the LODGE.] We will set up a dropbox outside the door by Friday morning for document exchanges, including vehicle tags and water payments. You may continue to use the mail.
Phone numbers:
Chief Dave Conklin (and Police Department phone): 845-351-4741; Chief's email: chief@tuxedopark-ny.gov
If this is an emergency call 9-1-1
The Village Board of Trustees Meeting tomorrow evening at 7:00 pm is postponed until Thursday or Friday. We will conduct the meeting by using the application ZOOM (or equivalent audio-visual program) for use by all participants to dial in and take part. Information on the rescheduled meeting to follow.
The Village PB, BAR & BZA Meetings are postponed until further notice.
Covid-19 Pandemic Message from The Mayor - Posted 3/16/2020
Dear Neighbors,
Thee only effective way to stop the spread of the coronavirus is to limit social interaction. Tuxedo Park is secluded, but that does not mean that we, as residents, are immune to the spread of this disease. While most fatalities are limited to the elderly, in Italy, middle-aged people are dying from the virus as well - many put on respirators for weeks. While not confirmed, younger people may experience the debilitating effects of this virus on their lungs when they get older.
If anyone becomes ill, there may not be a hospital bed available as our hospital system is not designed for mass outbreaks. There is no vaccine and no cure.
I, therefore, urge you to limit if not eliminate social interactions and to practice social distancing. Many of our residents have visited restaurants, gone shopping, are coming from the city, or returning from vacation. Anyone one of us may have been unknowingly exposed to or transmitting the virus. I think we all agree that we do not want to spread the infection inside the Park. All it takes is one small dinner party or other interaction for the virus to go from one person to another and then another. I also urge you to limit if not halt your interaction with food delivery services, domestics, vendors, and package deliveries. As you know, someone may carry and spread the virus for two weeks before they experience any symptoms.
As an example, Patient 1 in Italy caused 40 deaths in the hospital where he was admitted. Two weeks prior, he interacted with family, friends, and colleagues. Italy now has thousands of cases, mostly in northern Italy, which is the epicenter of the disease in Europe.
The silver lining is that we can learn from our own experts and what has taken place in Italy. Italy quarantined its provinces and then its cities and now its citizens. Rome does not allow its citizens to leave their houses unless it is for work or for groceries. But the good news is that Rome, and its surrounding area, with 6 million residents, had only 200 cases as of last week.
We can avoid the spread of this virus in Tuxedo Park with voluntary sequestration—before it becomes mandatory. While it would be nice to feel as though within the Gates we are safe and can do as we please, the virus does not know or care if it is in Wuhan, Milan, or Tuxedo Park.
Stay at home unless it is an emergency. Limiting any interaction is the most prudent action. If there is anywhere a community that can act for the benefit of the whole, it is our community. My goal is that no one in Tuxedo Park contracts the virus.
Thanks,
Mayor MAC
I apologize for the mistakes made in yesterday's announcements. Information changes by the moment.
Village Board of Trustees Coronavirus (Covid-19) Preparedness Plan
Dear Neighbors,
The health and safety of the entire community are of the utmost importance to us all.
The Board of Trustees held a Special Meeting Friday to work with the various service providers and department heads to develop preparedness plans related to the coronavirus (COVID-19). The plan includes specific prudent and precautionary measures designed to protect not only the employees of the Village but all residents with a minimal amount of disruption to Village services.
We ask that you refrain from going to any public buildings or meetings if you are not feeling well. Please limit your physical visits to the Village Office and Police Headquarters and use the phone and email instead to conduct business.
The Mayor and Trustees are available to discuss your questions, comments, and suggestions.
Village Board Of Trustees Meeting February 19, 2020
The Village Board of Trustees met on Wednesday, February 19 at 7pm. Trustee McHugh attended via Skype. Trustee Barnett was absent.
Mayor’s Comments:
Mayor McFadden opened the meeting by announcing that the new Chief of Police would begin work on Friday, February 21. There was a delay in start due to some technical issues with State approvals, but these have been resolved. The Mayor is looking to schedule a “Meet & Greet” with Chief Conklin on March 18 at 6pm, an hour before the regular monthly meeting. “This will be the start of us moving towards a community policing model,” he commenting, adding that the more people in the community that the Chief and department officers get to know, they better it will be for everyone.
Next, the Mayor provided an update on the Booth. He indicated that he had sent a memo via email to the residents who had voted in favor of the project, seeking support for his proposed strategy, which is tabling the remaining conditions attached to the approval so that the project can commence immediately. He reported having had 75 responses, which favor this strategy. Further stating that they had run into some serious issues with losing contractors, the Mayor read his memo into the record. This was followed by a lengthy discussion between Board members, involving the public throughout, with regard to the project, the pace at which it has progressed, the reason for that progression and how they intend to move forward with it. To listen to this discussion, click here.
Departmental Reports: Police – The following was reported for the month of January:
Complaints - 194
Criminal Complaints – 4 (3 closed by investigation and 1 by arrest)
Property Damage Car Accident – 1
Traffic Tickets – 17
Traffic Warnings – 2
Fire Alarms – 8
Intrusion Alarms – 3
Medical Calls – 0
Assists Given to Town of Tuxedo -2
Assists Received from Town of Tuxedo – 1
Assists Received from Other Outside Agencies – 1
Shots Fired – 0
FOIL Requests – 0
Miles Patrolled – 2.084
Additionally, approximately 1,300 vehicles entered the Village via the Front Gate daily.
DPW – DPW Superintendent Jeff Voss was not present and no report was given.
Building & Capital - Click here to read the construction report for the month of Febraury.
Additionally, Building Inspector John Ledwith noted that Orange and Rockland would be sending out cards (and information will also be put on the Village website) regarding mandated meter updates. The new meters will be more accurate and will allow the utility company to know instantaneously (without a phone call or an email) when the power has gone out at a given location.
Village Litigation Report:
None was given
Trustee Reports: Trustee McHugh reported that the Village had received 27 grievances on tax grievance day. A second meeting will be needed in order to formalize the grievances. Secondly, the Village Attorney has finalized documents pertaining to the settlement and closeout of business with McNamee Construction. (Wee Wah Dam project) New stop logs will be installed at the dam next week. Divers will come for the installation and will assist with cleaning out the spillway. The engineer will also be on site for the installation in order to ensure that everything is seamless.
Regarding phase two of the Village I&I project, there has finally been some traction with the EFC and the DEC is also on board. They are hopeful that everything will be ready to go by the end of April so that the Village can go out to bid for the project in May. Trustee Gluck reported that the Village is in receipt of the first of two reports that they have been expecting from the lake’s consultant, focusing on aquatic vegetation (aka milfoil) The report indicates that there is also new invasive species present and this is of some concern. Sometime within the next two weeks the Village expects to receive the second report, which is on water quality and they will then evaluate the reports simultaneously. In the meantime, the Village has asked for a variety of bids and/or quotes for the mitigation efforts that the consultant has suggested for the three lakes, which include a combination of herbicide/ treatment and pulling, so that they can discuss these intelligently and put a number around the potential costs.
Secondly, at the request of the Mayor, Trustee Gluck met with representatives from the Wee Wah Beach Club, who are hoping for a successful summer season. The thought is that they will carry forward the arrangement from last summer on a 1-year basis, with more details to come. This item will be included on the March agenda.
Committee Reports:
On behalf of the Lakes Committee, Jim Hays reported that the committee had reviewed the report from the lakes manager. There are things that need to be decided and the committee is eager to work with the Board and to meet with the lakes manager in the near future so that treatment decisions can be made ASAP and any contracts with harvesters etc. can be arranged and executed before these contractors become booked for the spring and summer. New Business: Resolution – Appoint Member to Planning Board – the Board voted in favor of appointing Richard Witte to fill the vacant seat on the Planning Board, term expiring 6/3/21. Trustee McHugh abstained. Announce – Village Election – The Village Election for two Trustee seats will take place on Tuesday, June 16, 2020 from 7am-9pm in the Village Hall.
Public Comments:
Lili Neuhauser noted that there had been an Economic Development Committee meeting earlier that week in Town at which there was a brief discussion with regard to the possibility of the Village and the Town sharing a radar speed sign. She feels that the Town would be amenable to sharing the expense.
Mayor MaFadden recommended that either John Ledwith or Jeff Voss touch base with the Town so they could look into the pricing and ultimately determine whether or not they should move forward with it.
Next, Mrs. Neuhauser noted that she regularly brought her dogs to the Wee Wah Beach Club property to run during the winter months and that recently she had noticed that, despite the plastic bag station, certain residents were not picking up after their dogs and that this had resulted in a messy situation.
Report by Town Board Member or Trustee Liaison:
Trustee Gluck noted that Michele Lindsay asked him to pass along two important dates. The first is March 23, which is the first public hearing for the consolidation plan that has been adopted by the Town Board. The plan will be posted on the Village Website and notifications will be sent out via email. Secondly, April 18 will be Community Economic Development. Senator Jenn Metzger, Assemblyman Karl Brabenec and County Executive Steve Neuhaus will all participate. The Economic Development Committee will also present their goals and objectives. The Town looks forward to hearing from the officials as to how they can support the committee’s efforts.
From the audience, Town Board member Jay Reichgott added that the TUFSD Capital bond vote would be taking place
on Tuesday, February 25 from 2-9pm in the multi-purpose room at the school.
The meeting then adjourned to an executive session to discuss matters relating to the employment of a particular person and pending litigation.
Village Board Of Trustees Meeting January 15, 2020
The Village Board of Trustees met on Wednesday, January 15 at 7pm. All members were present.
Mayor’s Comments:
Mayor McFadden opened the meeting by wishing everyone a Happy New Year. He expressed his gratitude to all Village employees on a “solid year,” recognizing the Police Department in particular as January 10 was Law Enforcement Appreciation Day. Moving on, the Mayor commented that he wanted to acknowledge Jim and Nancy Hays for their service to the Village over the last couple of decades. He noted that later in the evening, Nancy would be appointed to the empty spot on the BZA, where she has served once before. Mrs. Hays has served on Board of Trustees as well. Jim Hays has also served on the Board of Trustees and additionally has dedicated a great deal of his time to both the Environmental and Lakes committees. The Mayor thanked the Hays for their dedication the Village. This was met by a round of applause from the audience.
Tuxedo Union Free School District Presentation:
Superintendent of Schools Tim Bohlke introduced himself and his team, promptly turning things over the District Architect Chris Ladanyi of Clark Patterson Lee, who outlined plans for the proposed $4.24 million dollar Capital Bond Project, which will come before District Tax Payers on February 25. Every five years, the State Education Department mandates that school districts bring in a 3rd party company to do a thorough inspection of all buildings. There are three buildings in the TUFSD and they are The George F. Baker High School, The George Grant Mason Elementary School and the John P. Mottola Gymnasium. As per the regulation, Clark Patterson Lee performed an inspection of the buildings compiling a “nuts & bolts laundry list” of items that need to be repaired, replaced or improved. As part of this project, improvements are proposed for each of the three buildings and Mr. Ladanyi outlined them all, building-by-building. To see what has been proposed for each building, follow the links below: George F. Baker High School, George Gran Mason Elementary School, John P. Mottola Gymnasium.
Mayor McFadden inquired as to how much the project would cost the taxpayers overall and, should it pass, when the work would take place.
Mr. Ladanyi reiterated that the total cost of the proposed project was 4.24 million. If approved, the lion’s share of the work would take place during the summer of 2021.
Next the Mayor wanted to know whether the District would eligible for any State funding for the project.
The answer was yes, for some of the items. The project has been strategically put together to maximize as much State Education Department Building Aid as possible. He added that every district receives a different percentage of building aid from the State. Tuxedo’s is roughly 10% and it is based on a State Formula.
With regard to the plans for GGM, Kimberly Brieland inquired as to whether the proposed playground was associated with the new Pre-K program that the District is planning to launch in the fall of 2020. Specifically, she wondered whether or not the State of New York mandated that a new playground be put in.
Mr. Ladanyi responded that should the school move forward with implementing the Pre-K, the playground would certainly benefit that program, but that the other elementary school students would use it regardless.
Superintendent Bohlke added that the District was planning to move ahead with a full-day Pre-K program in the fall of 2020 and that the classroom would be located in GGM. The area that has been selected for the new playground is a currently unused swath of landlocked property behind GGM. In order to move forward with the drainage improvements as proposed, that piece of property will have to be disturbed, so the thought was to create both a playground and an outdoor learning space for the elementary school there at the same time.
Trustee Coen wanted to know how much of the overall project cost would go towards the new playground.
The answer was roughly $150,000. This estimate does not include the site drainage.
Trustee McHugh inquired as to the age of the buildings.
Both GFB and the original section of GGM were built in 1905. There was an addition put on GGM sometime around 2005.
Trustee Coen inquired as to whether the bond for the addition had been retired.
The answer was yes.
Mr. Ladanyi then circulated information pertaining to the estimated tax impact of the project. Click here to view.
Essentially, a home with an assessed value of $100,000 would pay roughly $148.50 per year.
Trustee Coen wondered why the vote was taking place on February 25 and not at the same time as the budget.
Superintendent Bohlke explained that the permitting process was such that if the District hoped to receive permits that would allow them to complete the work during the summer months they needed to get going as soon as possible. Additionally, most other Districts combine bond and budget votes, so it is his hope that Tuxedo will be ahead of the rush for permits.
Trustee Coen suggested that taxpayers were not going to understand the full financial impact should there be other budget increases.
Superintendent Bohlke responded that the District was beginning to put together the 2020/2021 budget now and that it was their hope to come in either below or at budget. He further commented that the BOE had been working to put together the proposed project for over two years and that the original price tag, based on the building and conditions survey, was closer to 7 million dollars! With hard work and a lot of diligence, the plan has been dwindled down to only those things that really must be done in order to maintain the integrity of the buildings over time.
Next, Trustee Coen wanted to know how many students the District anticipated would enroll in the Pre-K program.
Superintendent Bohlke responded that the District intended to cap it at 20. Currently, prior to any advertisement or registration, 8 local families have called to express strong interest and requested to be kept informed so that they can enroll.
The other spots will be available to both residents and those who wish to tuition in.
Trustee Coen wondered how much the tuition would be.
Superintendent Bohlke responded that this had not yet been finalized, further indicating that there was a BOE meeting scheduled for the following evening at which they hoped to determine this so that they could begin promoting the program by January 27.
Trustee Coen inquired as to how many students were enrolled in grades 9-12.
The answer was 65. K-12 is 220.
Given the low enrollment in the High School, Trustee Coen wondered whether or not the District had explored the idea of consolidating into one building.
The answer was yes and that such a consolidation would be cost prohibitive as spaces in the high school are not in compliance with State guidelines for elementary classrooms. Bathrooms would have to be constructed within several of the rooms for example. Superintended Bohlke added that the goal of the District was ultimately to expand. “The biggest charge that I have is to increase enrollment,” he stated. “The first part of that is the Pre-K.”
Mayor McFadden wondered whether the project had been run by The Related Companies and if there was any potential for funding from them.
The Superintendent responded that developer would not be contributing any money although they were in favor of the project. Ultimately, the District would like to do whatever it can to help Related sell their parcels of land to different builders.
From the audience, BOE President Meg Vaught informed the Board that the District would be taking 1.2 million dollars from their reserves to off-set the overall cost of the project, brining to cost to taxpayers down from 4.2 to 3 million.
Trustee Gluck wondered whether the projected tax impact was based on Assessed Fair Market Value.
The answer was no. It is based on the assessed value.
This was discussed at some length.
The Superintendent pointed to a recent sale in the Park of a home for $995,000….rounding this up to one million. This particular home was assessed at $289,350. This assessment reflects a total market value of 1.7 million. Based on this assessment, the projected increase would be $420 a year or $45 a month.
Several more examples were provided and discussed, using homes that have sold in the Village within the last year.
Following this, the presentation was concluded. Mayor McFadden thanked the School District and assured them that the Trustees would relay the information to the community, letting them know that the vote would take place on February 25.
Departmental Reports: Police – Officer Dan Sutherland reported the following for the month of December:
Non-Criminal Complaints – 189
Criminal Complaints – 0
Motor Vehicle Accident (property damage only) – 1
Traffic Tickets- 6
Warning Tickets – 0
Fire Alarms – 6
Intrusion Alarms – 3
Medical Calls – 4
Assists Given to Town of Tuxedo Police – 1
Assists Given to Other Police Agencies -0
Assists Given to Other Agencies – 1
Assists Received From Town of Tuxedo Police – 0
Shots Fired – 0
FOIL Requests – 0
Miles Patrolled- 1,842
Additionally, approximately 1,300 vehicles entered the Village via the Front Gate on a daily basis. DPW – DPW Superintendent Jeff Voss presented the Board with quotes for two sewer pumps that need replacement as discussed at the December meeting. (One at Turtle Point Road Pump Station and the other at the Water Plant pump station) The lowest bid for the Turtle Point Road pump is $6,466 while the one at the Water Plant is $9,841. Following some discussion it was determined that the decision to move forward would be tabled until they could determine where within the budget the funding would come from.
Superintendent Voss then reported that the department had been busy patching potholes and working on their salt and plow equipment. Because the weather has been mild to date this winter, the Village has plenty of salt! Building & Capital - Click here to view the Construction and Court reports for January.
There was a relatively brief discussion with regard to repairs needed to the roof at the Keep, considering this work was completed only recently. Unfortunately, the contractor will not assume responsibility for the issues. There does not appear to be any warranty and because the work was fast tracked under the oversight of Alan Yasaky when initially completed, there is little the Village can do about this now. When asked where the funding would come from, Trustee McHugh commented that he believed there was money within the Police budge to cover the expense.
There was a lengthy discussion with regard to the condition of the property located at 456 West Lake Road, which has been uninhabited and in a state of neglect for almost a decade. Following a meeting this past summer, the Village had resolved to clean up the landscaping, with costs billed back to the owner, however after receiving estimates for the work, there was some uncertainty as to the legalities involved with billing back the amounts in question. Therefore, the Village DPW cleared the entranceway, and alleviated any safety related issues within 20 feet of the road, but left the rest of the property as is. Since that time, the bank has foreclosed and ownership has been transferred to a trust. Ultimately, it seems as though the Village is uncertain as to how they can effectively move forward with getting the property cleaned up. Building Inspector Ledwith confirmed that he had walked the property and did not see any imminent danger there.
Village Attorney Litigation Report:
There is no new litigation. There remain two open cases: Madden Vs. The Village - this is an article 78 concerning a freedom of information request. The Village prevailed in April of 2018 on this case and Mr. Madden subsequently appealed and they are still awaiting an oral argument. Yaknowitz Vs. Tayback – This is a civil action brought for excessive force and false arrest. Insurance council represents the Village in this case. Depositions are expected by the end of January but the court has indicated that this might be extended.
Trustee Reports:
With regard to the water department Trustee McHugh reported that over the course of the past two years, the Department has been very successful in collecting outstanding receivables. On May 31, 2017 the Department was owed $322,000. On May 31, 2018 it was $258,000 and on May 31, 2019 it was $240,000. As of January 15, 2020, it has been reduced to $90,000. They have spent much time chasing after delinquent Town bills, which helped to reduce the amount significantly. With regard to the water pumping data, he was pleased to report that the numbers have decreased by 24% in the last year. Trustee Coen reported that she had compiled and distributed a list of proposed capital projects. She recommended that they schedule a special meeting for the purpose of going through the list in order to prioritize and figure out if, how and when these projects could be moved forward. Trustee Gluck stated that the Board would need to schedule a Board of Assessors (the Board of Trustees acts as the Board of Assessment) meeting prior to the 23 or 24 of January so that they could print and produce the assessment roll by months end. Following quite a bit of back and forth during which they could not come to a date and time that was workable for everyone, it was agreed that they should move on and work to get the meeting scheduled ASAP.
Next, Trustee Gluck reported that the contract for the new Village phone system, approved in November, has been finalized and is ready for the Mayor’s signature. The Village will be replacing all 14 phones and 3 fax lines in both the Village office and Police Department with a new, modern IP system. The new system will reduce expenses bringing the monthly expense down from $700 to $250. Trustee Barnett had nothing to report.
Committee Reports:
On behalf of the Lakes Committee, Jim Hays reported that the committee was agreeable to assisting the Village with its geese problem as proposed last month. There appear to be a number of possible solutions, which they will explore and report back on at a later date. He further reported that they committee had received estimates for the assembly of a dash harvesting boat. The costs, which do not include the boat, are as follows: A 1-diver boat = $10,378 and a 2-diver boat = $13,370. The group is in conversations with a Village resident who may be willing to donate a pontoon boat to the cause.
Report by Town Board Member or Trustee Liaison:
Michele Lindsay reported that there would be 2 public hearings at the January 27 meeting of the Town Board, pertaining to zoning code amendments and changes to the vehicle and traffic laws. The goal is to allow for new businesses in the Hamlet to open. The Zoning amendments will exempt current, existent commercial buildings from the new code, which requires 1 spot for 200 square feet of space. Under these regulations, Tuxedo Hudson Realty would require 90 parking spaces in order to open the entire IGA building for business. The Planning Board had restricted THR from using the southern end of the front driveway, citing the fact that because the building was closed for over a year, any grandfathering rights were relinquished. The proposed amendments aim to correct this, and will allow for cars to make a right hand turn right onto Hospital Road when exiting that portion of the driveway.
The proposed vehicle and traffic amendments will change the direction of traffic on Store Road from north to south, while making Library Road one-way, south to north, with parking on added along both roads. An engineering firm presented the Town Board with a proposed plan to turn Store Road into more of a main street, however the cost estimate is quite high and so the Town will have to look for funding and grant opportunities in order to move forward.
Trustee McHugh inquired as to how much the project was projected to cost and Mrs. Lindsay responded that the basic option, which will create 30 new parking spaces, was estimated at $100,000 and that adding lighting, benches and landscaping would likely bring the cost up to $200,000.
The full time line for the Town/Village consolidation has been posted to the Town website. On February 10 the Town Board will present its’ draft consolidation plan, which will outline how the government will be structured and run and which powers will be assumed from the Village and Town respectively. The plan needs to be presented for 4 consecutive weeks in the paper, after which they will begin conducting public hearings.
Finally, after interviewing an impressive list of candidates for the open seat on the Town Board, Village Resident Jay Reichgott was selected to fill the position. Mr. Reichgott also serves on the Village Planning Board. The Town has looked into the legalities of this and determined that there will not be an issue with him serving on both boards. Additionally, 3 positions will be opening up on the Town Planning Board. These will be advertised in the Photo News.
Public Comments: There were none.
Old Business: Review Village Attorney Comments on Booth Vendors Compliance to Letters E & G – Terms of agreements/contracts with two potential booth vendors were discussed.
New Business: Resolution – Authorize Mayor to sign Property Damage Release: The Board voted unanimously in favor of authorizing Mayor McFadden to sign a property damage release relative to the Village’s wall located at the corner of Chastelleux Lane and East Lake Road. The wall was damaged by a Tuxedo Joint Fire Company truck and the Village has agreed to a settlement in the amount of $4,9001.07. THIS FIGURE MAKES NO SENSE. ARE WE TALKING 4 MILLION OR 49 HUNDRED?
Resolution – Weston and Sampson Fee Schedule for 2020 – The Board voted unanimously in favor of accepting Weston and Sampson’s fee schedule for 2020 as presented. Resolution – Hire New Chief and Authorize Mayor to Sign Off on Employment Agreement and any Other Conditions of Employment Between Now and Feb 1, 2020 After Verbal Approval from the Board – Trustee Coen commented that she would like to discuss a couple items in executive session prior to voting. It was agreed that this would be done. Resolution – Appoint Nancy Hays to Fill Open BZA Seat- The Board voted unanimously in favor of appointing Nancy Hays to fill Houston Stebbins’ seat on the BZA with a term to expire in June of 2023. Design Guidelines – Mayor McFadden noted that the Village Design Guidelines were roughly 15 years old and he felt that it would be appropriate to begin the process of review for the purpose of updating them. The Board was agreeable to this.
Announce Grievance Day: Grievance Day will take place on Tuesday, February 18 from 5-9pm in the Village Hall.
Public Comments: There were none.
The Board then adjourned into an executive session to discuss matters relating to the employment of a particular person and pending litigation. They re-entered the public session at 10:12pm, at which time they voted in favor of denying an application for General Municipal Law 207-c benefits for a certain employee (identified to the Board of Trustees in the Executive session) with a written decision to follow.
Hire New Police Chief:
The Board voted 3-2 in favor of appointing David Conklin to the position of full-time Chief of Police, with the maximum applicable probationary period under the Orange County Civil Service Rules and subject to the execution of an employment contract setting forth the terms and conditions of the employment as well as a satisfactory background check, with a starting date of February 1, 2020 or after. Trustees Gluck and McHugh voted against.
As I have noted in the past, there are openings on the Planning Board and BZA. If you are considering joining either board please call me and I will explain the time commitment and skill set required. I can be reached on weekdays at (212) 532-4530.
I did make two high-priority new year's resolutions.
First, to start the new police chief by February 1, 2020. We have chosen a candidate and are settling the terms and conditions. We have been without a chief since July 2019.
Second, to begin construction on the new security booth by mid-February 2020. The final designs were presented to the Board and public in November 2018.
Please do not hesitate to contact members of the Board for further information.
Village Board Of Trustees Meeting December 18, 2019
The Village Board of Trustees met on Wednesday, December 18 at 7pm. All members were present.
Mayor’s Comments:
Mayor McFadden opened the meeting by reading a prepared statement regarding the Booth approval process and his deep concerns about the amount of time it has taken to satisfy the conditions as laid out in the project approval. Click here to read the Mayor’s statement.
Departmental Reports: DPW – DPW Superintendent Jeff Voss was not present due to a water main break on Brook Farm Road. Trustee McHugh gave an update in his absence. The Impeller assembly has arrived and been installed at the water plant. There are now 3 working pumps in that facility which can be rotated.
Both the DEC and the Department of Health were in the Village looking at the Water and sewer plants. The DEC has issued a response with regard to the sewer plan which, while much better than last year, still shows some deficiencies. These things are all being addressed.
The Department is currently patching holes on the Village roadways. If anybody noticed potholes in need of filling they should notify Denise in the Village Office and she will make sure it gets to Superintendent Voss. Police – Officer Sutherland reported the following for the month of November:
Non-Criminal Complaints – 203
Criminal Complaints – 3 (2 closed by investigation and 1 by arrest)
Property damage Accidents – 2
Traffic Tickets – 10
Medical Calls – 2
Intrusion Alarms – 2
Fire Alarms – 8
Shots Fired – 1 (a deer was hit by a car on the South end of Tuxedo Lake and needed to be dispatched due to its’ injuries)
Assists Given to Outside Agencies – 3
Assists Received from Outside Agencies – 3
Assists Given to non-police Agencies – 4
Additionally, roughly 1,300 vehicles entered the Village through the Front Gate on a daily basis.
There followed a discussion with regard to new criminal justice reforms that will be taking effect on January 1, 2020. While these will likely not have a huge impact on the Village, Officer Sutherland did voice some concerns. Following the discussion, Trustee Gluck suggested that if there were any areas of non-compliance within the Village Department that they should make an effort to identify and understand these as soon as possible so that they could effectively build a road map for bringing things into compliance. Building and Capital – Click here to read the Building Department report. Resolution – Accept Resignation of Michael Rizzo – PT PO – The Trustees voted unanimously in favor of accepting the resignation of part-time Police Officer Michael Rizzo.
Village Attorney Litigation Report:
There is no litigation to report. There remain two open cases: Madden Vs. The Village - this is an article 78 concerning a freedom of information request. The Village prevailed in April of 2018 on this case and Mr. Madden subsequently appealed and they are still awaiting an oral argument. Yaknowitz Vs. Tayback – This is a civil action brought for excessive force and false arrest. Insurance council represents the Village in this case. Depositions are expected by the end of January with investigation to be complete by April 28.
Trustee Reports:
With regard to the budget, Trustee Barnett reported that while the Village is currently running “on budget” there are several items that will likely bring things over-budget in the near future. These include: Increased I&I expenses, DEC issues that have been raised, the cost of sewer pumps and the dam settlement. Trustee Barnett anticipates that the Village will enter 2020 with a very tight budget.
Report by Town Board Member or Trustee Liaison:
Town Board member Michele Lindsay reported that the Town had recently been awarded a $4,999 grant from Orange County Tourism. They have several projects in mind for the money. They are planning to hold a special event with shuttle busses to bring both residents and tourists around to trail heads in both Sterling Forest and Harriman State Parks. They are also assisting NY/NJ Trail Conference with some really nice wood signs to help guide hikers to the trailheads. This will help to relieve some pressure in the East Village, where hikers often wander onto private property in search of the trailheads. They are also going to be working on a marketing plan for tourism in the Town.
The Town has also been awarded $100,000 from Senator Metzger to be used on the new roof at Town Hall. Currently, $130,000 has been budgeted for this expense, so the town will see a significant reimbursement on that expense. The Town is also in receipt of a $75,000 grant for the installation of ADA compliant ramps and bathrooms in Town Hall.
As part of the Environmental Task Force Councilperson Lindsay and Jim Hays attended the Mid-Hudson Environmental Forum for climate smart actions, where they learned a lot. One of the things the Town is doing is replacing 65 streetlights with LEDs. This was done last year as well. After this next installation there will only be 50 left to replace. The replacements represent a nice reduction in costs.
On January 27 the Town Board will hold a Public Hearing on proposed zoning code changes. What they are proposing is to allow existing commercial buildings to be exempt from the number of parking spaces required under the current code, which is believed by some to be quite restrictive. For example, under the current code Michael Bruno can only open a little more than half of his first floor given the number of spaces he has. The revisions will allow all existing commercial buildings to be exempt from these restrictions. They are also hoping to create some on street parking, which should help to allow him to open the entire building.
Trustee McHugh inquired as to whether or not this had been the main constraint to Mr. Bruno opening the building.
Councilperson Lindsay responded that it had been one of the constraints. Another has been that because the business has been closed for over a year, the grandfathered rights were unfortunately lost. This creates an issue as the Town code forbids left hand turns within 70 feet of an intersection and therefore the Planning Board has required Mr. Bruno to close off the buildings’ entrance near the intersection of Temple Drive and Route 17. They are hoping to somehow alleviate/remove this restriction.
There followed a brief discussion with regard to Steve’s and whether or not that business had been held to the same standard. Trustee McHugh pointed out that Steve’s was an actively on-going renovation project of an existing building and that this allowed them to get around the requirement. Councilwomen Lindsay added that Steve’s had recently been awarded a $125,000 grant from the Tuxedo LDC to assist with the construction of additional parking on the adjacent lot to south of the restaurant.
The Town/Village consolidation is sill in progress.
Finally, Councilperson Lindsay reported that come January there would be a vacancy on the Town Board due to the fact that Supervisor Elect Ken English would be vacating his current seat to fill his new role. The Town put out a press release in the Photo News announcing the vacancy and has received 11 applications thus far. Interviews will begin in January.
Mayor McFadden congratulated Councilperson Lindsay on her re-election. This was met by a round of applause.
Committee Reports:
On behalf of the Lakes Committee, Jim Hays updated the Board with regard to the recent fish survey as well as the committees’ research into the possible acquisition of a boat for DASH harvesting. Click here to view this report.
Mayor McFadden inquired of Mr. Hays as to whether or not the committee would be willing to investigate the possibility of culling the non-migrating Canadian Geese population in the Village as they pose a potential threat to the reservoir. Mr. Hays agreed that the committee could do this. He further suggested that one way to reduce the risk of threat on lake front properties such as the Tuxedo Club would be to install a vegetative buffer along the water’s edge, which would help to prevent the geese from congregating there in such large numbers.
Dena Steele inquired as to the Status of the CSLAPS program and whether the Village had received a report. The answer was that a preliminary report had been received earlier in the fall with the more extensive, formal report due in April of 2020.
Public Comments:
Dena Steele commented that she was trying to get the facts with regards to some rumors she had been hearing over the course of the fall months. She has heard that there were 3 deer drives sanctioned by the Village (this is what individuals were told when asked to participate) and on these drives a total of 7 deer were shot, one of which made its’ way back into the Village and died on private property. She also heard that a bear was shot and killed on the drive as well. She wondered whether all of the drive participants were aware that they needed a hunting license in order to participate as per the DEC. She further wondered whether the Village had changed its approach to the deer. It was her understanding that the police were monitoring the number of deer and duly applying for nuisance permits. Is this still the process or are they leaning more towards having Vigilante groups handle the wildlife?
Mayor McFadden responded that the Village had not sanctioned any deer drives. Further he commented that it was his understanding that the participants were required to ask permission before crossing private property. He reiterated that that he had not gotten involved with the effort.
Ms. Steele replied that she felt that the Village had some obligation as participants had been told that the drive was Village Sanctioned. She wanted to make sure that the public record showed that the it had not been sanctioned and further recommended that the Village investigate what their liability might be “with people shooting and dying deer coming in.” She cautioned that if the Village wanted to handle their wildlife with Vigilante groups that she felt it was something that needs to be carefully considered. She reiterated that the NYS DEC requires everyone who walks in a drive, regardless of whether they are shooting or not, to have a hunting license.
Trustee McHugh commented that the news of these Vigilante drives came as a complete shock to him. He added that Sgt. Tayback had been in charge of the deer count for the past 4 years, however he has been out as a result of an injury and it was not done this year.
Ms. Steele reiterated that she felt the Village needed to make it very clear that they had not abdicated the responsibility of deer management to residents.
Trustees McHugh and Coen agreed.
Michele Lindsay noted that she had called the police on two occasions because of hunters parked on Eagle Mountain Road. It was her understanding that hunters were not permitted to access hunting in Sterling Forest State Park from the Village, however these individuals indicated that Village residents had given them permission to park there.
Trustee Coen suggested that if they knew who was involved with the effort, they should reach out and let them know that moving forward hunting licenses would be required for this kind of activity.
Following further discussion it was agreed that this would be done.
Lesley Devore inquired about the justice reforms as discussed earlier particularly as they pertain to first responders as she is the Captain of the Ambulance Corps. This was briefly discussed and she was assured that it was the responsibility of the police to secure any potentially violent or dangerous scene before the medics enter. There followed a somewhat lengthy discussion with regard to the ability to easily navigate the Village and find homes as there is not a clear numbering system in place. Often times the police must assist with this, although there are times when even they are not easily able to decipher where they are going.
Old Business: Capital Projects List – Trustee Coen explained that she had circulated via email a list of all potential Capital Projects. The list was compiled by a committee earlier in the year. Ultimately, it was determined that the projects could not be properly prioritized without more information such as costs, etc. The Trustees are now being asked to look at the list, which contains roughly 60 potential projects, and select 10 that they feel should be prioritized. They will then collect basic information on each of these, to be submitted to the Board for review by the end of January so that they can responsibly review, prioritize and budget. It was agreed that this would be done. Resolution – Booth Project – Letter J – The Board voted unanimously in favor of approving a resolution satisfying condition J as laid forth in the booth project approval conditions. Discuss Mayor’s Memo to the Trustees “Path for the Booth” – Mayor McFadden’s memo, as presented during the first portion of the meeting, was discussed. It was agreed that the remaining conditions pertained mostly to administrative work such as the satisfactory review of vendor contracts by the Village Attorney and subsequent Board approval of the contracts. As the timeline has changed, the Mayor would like the ability to reach out to the vendors in order to determine whether or not they were still available to complete the work and if the costs would remain the same. If the costs are in fact the same, he suggested that they put down deposits in order to secure the vendors. This was debated. It was suggested that they should not be putting out any funding before the contracts had been reviewed and approved.
Ultimately it was determined that Brian would review the contracts on file over the next 2-4 weeks after which they would regroup and discuss the appropriate path forward.
New Business: Resolution – Appoint Fire Commissioner – The Trustees voted unanimously in favor of appointing Charles Jones to a five-year term as Fire Commissioner, expiring 12/31/24. Resolution – Accept Resignation of Stebbins (BZA) & McQuilken (PB) - The Trustees voted unanimously in favor of accepting the resignations of Houston Stebbins as Board of Zoning Appeals Chair, effective December 31, and Rob McQuilken as Planning Board member, effective December 16, 2019. Resolution – Appoint BAR Member – McQuilken – The Trustees voted unanimously in favor of appointing Rob McQuilken to the Planning Board effective December 18. Resolution – Appoint BZA Chairman – Lindsay – The Trustees voted unanimously in favor of appointing Jake Lindsay as Chairman of the Board of Zoning Appeals effective January 1, 2020. Filming Request – The Tuxedo Club – John Ledwith informed the Board that The Tuxedo Club would like to allow the television show BILLIONS to shoot an episode inside their facility sometime in early January. While the code currently forbids commercial filming within the Village, Board Attorney Brian Nugent advised the Board that they could authorize it by resolution. The filming would take place primarily inside, however the production will likely include several large trucks and the possibility of elevated light and noise levels. The Board discussed these things as they pertained to the current code restrictions as well as the issue of precedent. Ultimately it was determined that the majority of the Board would like to allow the filming to take place. It was suggested that they put together a letter detailing all of the potential concerns. After some further discussion, the Trustees voted unanimously in favor of approving the Club’s request subject to terms and conditions satisfactory to the Mayor, the Building Inspector and Village council.
Village Board Of Trustees Meeting November 20, 201
The Village Board of Trustees met on Wednesday, November 20. All members were present. Trustee McHugh attended via skype.
Mayors Comments:
Mayor McFadden expressed his gratitude to all of the various Village employees as well as the Trustees for all of their hard work and efforts.
Departmental Reports: Police- The following was reported for the month of October:
Criminal Complaints – 1
Non-Criminal Complaints – 221
Motor Vehicle/Property Damage - 2
Arrests – 1
Traffic Tickets – 9
Traffic Warnings – 0
Intrusion alarms – 7
Fire Alarms – 2
Medical Calls – 2
Weapons Fired – 0
Assists Given to The Town of Tuxedo Police – 1
Assists Received from outside agencies- 0
Miles Patrolled – 2,259
Additionally, roughly 1,300 vehicles entered the Village via the Front Gate on a daily basis.
DPW – There was an emergency situation at the Turtle Point pump station when 1 pump ceased working entirely and the other would only work when operated by hand. A new pump will cost $5,200. DPW Superintendent Jeff Voss is currently researching the cost of repairing the other. The Board voted unanimously in favor of allocating $6,000 towards the acquisition of a new pump and installation.
One of the departments’ large dump trucks has been sand blasted, rust protected and repainted. The work was done “in house” and came out very well.
Maintenance on the salt spreading equipment has been completed.
A small leak on Club House Road Extension was repaired.
Trustee McHugh inquired about the paving of Tower Hill Road down towards the Race Track and was informed that it had been delayed due to weather, however the department has installed new catch basins and made drainage modifications in preparation for the work. Possible paving of the entrance to the Village Office was briefly discussed. Building & Capital – Click here to read the Building & Capital Report
Village Attorney Litigation Report:
There is no new litigation to report. Current cases include: Madden Vs. The Village - this is an article 78 concerning a freedom of information request. The Village prevailed in April of 2018 on this case and Mr. Madden subsequently appealed and they are still awaiting an oral argument. Yaknowitz Vs. Tayback – This is a civil action brought for excessive force and false arrest. Insurance council represents the Village in this case. This case is in the discovery phase.
Trustee Gluck added that there is also King/Duchen Vs. The BZA, which has been fully submitted.
Trustee Reports:
There were none
Committee Reports:
TAB Update & Tree City – on Behalf of the Tree Advisory Board, Christopher Gow reported that they had begun working with the local schools to develop curriculum that will get students actively involved with the preserve. Seeding has been done and several species are starting to come back. They are hoping to improve general visibility of the preserve from the roadways y removing some of the low-lying branches, which currently cloud the view. They recently unearthed an old stone steeplechase, which they were able to completely uncover and de-vine. This will be the site of an event on May 30, 2020, when they formally recognize their newest group of Racetrack stewards.
The Board then voted unanimously in favor of continuing the Tree City USA initiative and subsequently posed for a photo with Mr. Gow and the Tree City USA banner.
Report by Town Board Member of Trustee Liaison:
Trustee Gluck reported that on the night previous, the Town Board had adopted a local law, which allowed them to exceed the tax cap. Although this was cause for alarm for some folks, ultimately it had to do with an accounting issue relating to the fact that the Tuxedo Farms sewer district has not yet been brought onto the tax roll. For the past two years Tuxedo Farms has been billed $1.9 million dollars annually as repayment for the debt service on the bonds issued to pay for the plant. The Comptroller has recently informed the Town that the plant must be put on the rolls with the repayment made by a tax bill. Adding that payment to the tax roll will raise the Town’s tax cap from 1.91 % to 34.54%. Related will pay the bill in January so, there will be no affect to any resident’s tax bill.
Further, it was announced that Related has indicated that they are once again interested in building, both rental and sale units, siting what they believe to be favorable trends amongst Millennials.
Public Comments:
Christopher Gow thanked the Village for removing the Christmas lights from the Keep.
Old Business: Overton Subdivision – Water & Sewer Permits – The Board voted unanimously in favor of approving a resolution which will allow the 9 lots within the Overton Subdivision to connect to various water & sewer lines with certain conditions as set forth in the project approval.
New Business: Furnace Replacement – DPW Shop- The furnace at the DPW shop needs to be replaced. They will be making the changeover from oil to a propane-fired system. Three quotes were collected, with the lowest bid coming in at $4,450. Following some discussion the Board voted unanimously in favor of authorizing the expenditure not to exceed $6,000 to include the purchase of the new furnace, it’s installation and the cleaning of the ductwork. New Telephone System – Village Hall & Police – The Village has been investigating replacing the antiquated phone system at the Police Station for some time, but when a recent electrical storm took down the system in the Village Office, it became apparent that these phones also needed to be replaced. There are three options available: a traditional, copper wire based system, a digital system and a cloud based system. Following some discussion the Board voted unanimously in favor of authorizing Trustee Gluck and John Ledwith to select which system would be best at an amount not to exceed $400 per month. McGoey Hauser Edsall Payment Dispute- There is some dispute with regard to 3 invoices that have been submitted to the Village by McGoey Hauser. These were reviewed individually after which it was determined that Trustee McHugh and Mr. Ledwith would continue to try and reasonably resolve the dispute while keeping the Trustees informed. O.C. Water Exemption on Water Parcel in the Town- The Board voted unanimously in favor of granting an exemption on a water parcel in the Town. Fyke Nature Association 2019 Bird Count – The Board voted unanimously in favor of approving the annual Fyke Nature Association Christmas Bird Count. Agreement with OC Regarding Emergency Radio Equipment- The Board voted unanimously in favor of continuing this inter-municipal agreement, through which the County provides the Police Department with radios that allow for inter-municipal police communications at no cost. Discussion – Full Time or Part Time Chief – There was a lengthy debate as to whether or not the Village should hire a Full Time Police Chief, who would be expected to physically put in a 40 hour work week in the Village, or a Full Time Chief with more “flexible” hours, who would be able to complete a fair portion of work off-site. There is a significant cost differential between the two, with the more flexible position likely to cost half that of the more traditional Full Time role. The entire discussion can be heard by clicking the meeting audio link below. Ultimately, the Board voted 4-1 in favor of hiring a Full Time Chief with flexible hours, with Mayor McFadden voting against the motion. There was some feedback from the public following the discussion, and this can also be heard on the recording. The general consensus from the public seemed to be that the more cost effective route was preferable. The Trustees were also encourage to seriously investigate the idea of sharing services with the Town of Tuxedo moving forward. Booth Project- In looking at the budget for the booth, Trustee Coen recently did a thorough dive into the Village Budget in order to determine where things currently stood and subsequently what funding might be available for the booth project. Over the course of the last several months, at the recommendation of former police Chief Alex Melchiore, the Board has determined that there must be duplicate mechanical systems in both the Keep and the Booth. This way, should the booth become inoperable for whatever reason, the department would still be able to function easily from The Keep. This requirement was added roughly $17,000 onto cost of the project. Ultimately, Trustee Coens overview shows that on its current track, the Village is projected to show a slight deficit of roughly $10,000 however, there are number of items that could impact that one way or the other. Following another lengthy discussion (also included in the audio link) the Board voted 3-2 in favor of allocating $18,000 of unallocated surplus to round out the budget for the Booth.
To listen to a recording of this meeting in its entirety, clickhere.
Village Board Of Trustees Meeting October 16, 2019
The Village Board of Trustees met on Wednesday, October 16, 2019 at 7pm. All members were present.
Mayor’s Comments: Mayor McFadden opened the meeting by expressing his profound sadness at the passing of longtime Village resident John Dawson, who passed away from cancer on October 13. Mr. Dawson will be greatly missed.
The Tuxedo Park Fire Department conducted a hook & ladder drill at the Front Gate on Tuesday, October 15 and, in the process, were able to remove 90% of the Christmas lights from those buildings. The Mayor expressed his gratitude on behalf of the Village to both Gardiner Hempel and David DuPont, who were instrumental in organizing and running the drill.
On a fun note, the Mayor reported that he had recently had the privilege of officiating at his brother-in-law’s wedding in New York City. “It went very successfully and was a lot of fun! Who knew 34 years ago that I would be officiating at a wedding?!”
Departmental Reports: Police – The following was reported for the month of September:
Criminal Complaints – 3
Non-Criminal Complaints – 260
Vehicle Accidents – 1 (Property Damage Only)
Traffic Tickets – 10
Traffic Warnings – 1
Arrests – 2
Medical Calls – 5
Fire Alarms – 2
Intrusion Alarms – 3
Assists Provided to Outside Agencies – 0
Assists Received from Outside Agencies – 0
Miles Patrolled – 2,557
Additionally, roughly 1,300 vehicles entered the Village via Front Gate daily.
Mayor McFadden noted that there seemed to have been a marked decrease in the number of traffic tickets issued and he wondered why this was.
Officer Sutherland responded that the department had been trying to target aggressive driving rather than smaller violations.
Trustee Coen inquired as to whether or not any weapons had been discharged during the month of September and the answer was no. She requested that moving forward weapon discharge be added to the monthly report and it was agreed that this would be done. DPW – DPW Superintendent Jeff Voss was not present and therefore Trustee McHugh provided a brief overview of the that report. Given that the Village underspent when paving the roads last month, they are now looking to pave Club House Road from Cacciopo down to the Racetrack. A traffic survey has shown that this stretch of road is heavily used. An initial quote for the work came in at $42,500. This falls within the bond/bid. Subject to weather conditions this work can be done during the month of November. Catch basins will be done prior to the paving.
Roads were restriped throughout the Village earlier this week and the department has also been very busy installing catch basins along Wee Wah Road.
Mayor McFadden wondered if there were any plans to repave Turtle Point Road.
Trustee McHugh responded that this could be looked at as it had previously been identified as an area of need of work and if there were sufficient funds left over, the work could likely be done. Building and Capital – Click here to view the Building Report for the month of September.
Village Attorney Litigation Report:
There is no new litigation to report. The following are on-going cases: Madden Vs. The Village - this is an article 78 concerning a freedom of information request. The Village prevailed in April of 2018 on this case and Mr. Madden subsequently appealed and they are still awaiting an oral argument. Yaknowitz Vs. Tayback – This is a civil action brought for excessive force and false arrest. Insurance council represents the Village in this case. There was a discovery conference in September and some disclosure. There will be a status conference on October 21. People Vs. Zgonena – This is a Justice Court matter. There was a motion filed by Mr. Zgonena on July 24 to vacate the conviction pursuant to settlements. In accordance with a related Federal Court stipulation, the Village only submitted papers indicating that it took no position on that motion. This matter is pending. Steyer Vs. The Town of Tuxedo – This is a tax Certiorari case. This Village is not named as a party in this action, but it has an effect on some property that is located in the Village. There have been no developments.
Committee Reports:
Lakes Committee – As per their directive from the Board, the Lakes Committee has been working to evaluate the cost of building a boat for DASH harvesting for the Village. Committee Chair Jim Hays reported that they have priced out the various components necessary including, but not limited to, such items as an engine, strainer table, masks for the divers and various hoses and tubes. All in all the price of the unassembled equipment comes to $6,756.65. They are still in need of a Pontoon Boat and are not certain as to what the assembly costs will be.
Mayor McFadden suggested that pontoon boats could be easily found for not very much money and Mr. Hays agreed.
Additionally, Mr. Hays has contacted an associate of his in the Adirondacks who might be able to help determine some of the assembly costs. If this individual is unable to help, the committee can reach out to the manufacturers of the various components in an effort to determine who else has been buying these parts and then contact those folks in order to learn how they are putting things together. It was agreed that the committee would continue to research these things.
Mayor McFadden asked for an update with regard to recent harvesting on Tuxedo Lake and the Wee Wah, specifically wondering whether or not NEAR had issued a preliminary report.
Trustee Gluck responded that NEAR was a new vendor and that they had been working on a limited time schedule with an abbreviated work plan. Currently, they are still “in the field” working on various lakes throughout the region but once the weather cools down and they return to their offices full time, they will be analyzing the data and issuing a report. The Village is hopeful that they will receive the report sometime in late November/early December but contractually NEAR does not need to supply it until January 31, 2020. Initial results seem to show that although there has been great success in the Wee Wah, there are still areas of concern in Tuxedo Lake, particularly near the Village Boat Club and the Tuxedo Club Boat House.
Mayor McFadden wondered if the successes in the Wee Wah had to do with the draining of that lake, further noting that Greenwood Lake had had some success with working with the DEC on an every-other-year drainage plan for that lake.
Trustee McHugh replied that the draw down of the Wee Wah had likely contributed greatly to the successes there, however this could not be likened to what was happening in Greenwood Lake as the Wee Wah had been drawn down by roughly 15 feet for over two years. NEAR has advised that the drawdown of lakes is not something that should be undertaken regularly as many of the other life forms aside from the Milfoil are also killed off or adversely effected. Additionally, the DEC is known for being quite strict with the necessary permitting.
There followed a somewhat brief discussion regarding the current condition of Tuxedo Lake. Mayor McFadden noted that he had forwarded Trustee McHugh an email from a concerned resident who felt there was algae bloom starting to form on the lake. Trustee McHugh acknowledged receipt of the email and further commented that it had not been accurate. The water has taken on somewhat of a “pea green hue” and so Solitude Lakes Management did come and take a sample but did not conclude that a formal treatment such as Copper Sulfate was necessary at this time. They’re hopeful that heavy rains this week will clean the water and alleviate the issue. Ultimately, they will just have to wait and see what happens, but there have been no formal recommendations from either Solitude Lakes Management or NEAR.
Trustee Reports: Trustee Barnett reported that he had had some interesting liaison work with the Police Department, both riding in the patrol car and spending time in The Keep. When asked by the Mayor what he had learned, Trustee Barnett responded that the Police operated like a military unit. He feels that what they really need is direction from a Chief. He believes there is a “sizable reservoir” of part-time officers available and that the Village needs to work to make themselves attractive in order to hire.
The Mayor noted that previously they had raised the hourly rate for the weekend shifts in hopes of attracting folks, but this did not seem to be working. He has some further ideas but recommended that these be discussed in Executive Session.
Report by Town Board Member or Trustee Liaison:
Trustee Gluck reported that November 5 was Election Day. In addition to the Supervisor, there are two seats on the Town Board up for election. Both the Town Clerk and the Highway Superintendent are running unopposed. New York State has early voting dates this year and registered voters from Tuxedo will be able to cast their ballots on October 26 in Warwick if they would like.
Public Comments:
With regard to the Lakes Committee report and the building of a DASH Harvesting boat as discussed earlier, Jay Reichgott commented that he had been involved with running several diving operations. He cautioned that above and beyond what was spent on the equipment, the people who are doing the actual diving must be on point and that this was likely to be the greatest expense but also the most important.
Old Business: The Booth Project –
Resolution – Vote on approving Condition Letter H
Resolution - Vote on approving Condition Letter J
Resolution - Vote on approving Letter K
Discussion Regarding early implementation of bulletproof window and door manufacturer because of 3-month lead time
Discussion of pre-approving Condition letter C due to uncertainty in hiring a new Chief
The Board engaged in a lengthy, heated discussion of the above the topics as they relate to the booth project. Condition letter K was the only item approved.
Click here to listen to this Part 1 of this discussion and here to listen to Part 2.
New Business: Resolution – Adjustment to Water Account #203 – The Board voted unanimously in favor of recognizing that the account holder had satisfied his 2018 agreement with the Village and thus waiving the residual penalties on the account. Resolution – Amend 11/15/17 Resolution Regarding Officer Sirine’s Hire Date – There exists a discrepancy with the date of hire for this officer on the Orange County Civil Service list Vs. what the Village has on payroll and the resolution which was passed on 11/15/17. The Board voted unanimously in favor of amending the resolution to synch the date with Orange County Civil Service’s appointment date. Announcement – Bulk Trash Pickup – Saturday October 19 – Bulk trash pickup will take place on Saturday, October 19.
Public Comments:
There were none
The Board then adjourned into an executive session to discuss matters relating to the employment of a particular person.
Village Board Of Trustees Meeting September 18, 2019
The Village Board of Trustees met on Wednesday, September 18 at 7pm. Trustee Coen was absent.
Mayor’s Comments:
In lieu of opening remarks, Mayor McFadden announced that the new Superintendent of Schools, Timothy Bohlke, was present and would like to introduce himself.
Introduction – New Superintendent - TUFSD:
Mr. Bohlke formally introduced himself to the Board, noting that he had started work as the new Superintendent of Schools/High School Principal for the TUFSD on July 1. Mr. Bohlke grew up in Rockland County and has 20 years of experience working in education as well as 28 years experience as a realtor. He has recently purchased a town house in the Woodlands and will be moving into the district in a couple of weeks. “I am excited to be here,” he commented. “We have a large task ahead of us, but I am confident that there will be some great things happening this year.”
Mayor McFadden asked Mr. Bohlke what his plans for the near future were in terms of boosting enrollment.
Mr. Bohlke responded that they were looking at enrollment very closely and that there were a lot of programs they were putting together for next year to help attract more students to the school. Noting that residents may have already seen some of the updates/improvements that have taken place on the campus outside the school buildings, he stated “it’s important to show the community both within the school district and outside that we’re here, we’re viable and we are a very good, small private/public school, so to speak.” He went on to state that he had been in contact with Tuxedo Farms as building a successful relationship with them was “a big part of it” and that the school would be doing as much as they could to partner with them in order to help them sell homes and attract builders to the community to build homes. Additionally, the District has submitted a grant, which will hopefully enable them to start a full-day Pre-K program in January of 2020. If the District does not receive the grant, he still intends to push for a full-day program, which would begin next September. He believes this will be a strong feeder for the District.
The Mayor responded that it was a “catch-22” of a situation because combining the median income in certain areas provided an inflated number, which did not accurately represent the school community.
Mr. Bohlke agreed, further commenting that they had worked very hard in putting the grant together to reflect the reality of situation. Additionally, he has had several conversations with various people at the State Education Department over the course of the last few months, ensuring that Tuxedo is on their radar.
The Mayor then asked about Tuxedo Farms, stating that it was his understanding that the developer wanted to see a viable school district before they would move ahead with the building.
Mr. Bohlke responded that this was a fallacy. “There’s a lot of propaganda out there about that,” he stated. He went on to explain that he came from a construction family and had some knowledge of the history of the property. “It’s all rock,” he commented. “If you want to build something, you have to blast….and that’s very expensive.”
“You currently have what….60 students enrolled in the school?” inquired Mayor McFadden.
“No,” responded Mr. Bohlke “ 230”
Trustee McHugh wondered if there were 60 students in the High School.
Mr. Bohlke responded that there were about 115 students in the high school and that currently enrollment in the two schools is about equal.
The Mayor wondered what Mr. Bohlke’s overall goal was for the enrollment.
Mr. Bohlke responded that he did not want to set a specific goal as he felt they needed to explore how they were going to attract students. He further noted that he did have a goal for Pre-K, which was to attract 15 students per year, which, over 5 years, would add 75 kids to the District. He would also like to try and bring between 15 and 20 out-of-district, tuition-paying students in per year. He suggested that the State laws governing immunizations were having an impact on enrollment everywhere as many parents were choosing home-school options in order to avoid certain required immunizations.
Trustee Barnett noted that a while back the district had employed full administrations in both buildings and he wondered if this were still the case.
Mr. Bohlke explained that it was not. When he was hired, the positions of Superintendent and High School principal were combined, effectively eliminating an administrator. This is not something that is typically permissible in New York State, however the district was able to procure a hardship waiver from the Commissioner of Education based on its’ size.
“That will result in significant budgetary savings?” inquired Trustee Barnett.
Mr. Bohlke confirmed that it would. “I would rather see monies go to teachers to support students than go to administrators,” he commented. “If I have to work a little bit longer and a little bit more, that’s ok. “
Jim Hays inquired as to whether or not Tuxedo Farms had indicated to Mr. Bohlke when they might be willing to lower their land prices significantly in order to attract buyers.
“They are not going to tell me that,” responded Mr. Bohlke, further noting that he had had a great conversation with Henry Heffner, who indicated that he would be calling back some of the builders who had walked away. “I have been a realtor in this country for 28 years.” he stated “Plus I teach real estate licensing classes. I know a lot of realtors. I understand construction because I grew up in a construction family. Mr. Heffner knows that. I told him ‘I know what you need as far as a school. I know how we can support you and I’m going to do that because if it benefits you, it benefits me.’”
Mayor McFadden then thanked Mr. Bohlke for time and wished good luck with District.
Department Reports: Police Report- Officer Sutherland reported the following for the month of August:
Criminal Complaints – 0
Non-criminal Complaints – 261
Property Damage Complaints – 3
Traffic Tickets Issued – 3
Intrusion Alarms – 3
Fire Alarms – 3
Medical Calls – 3
Assists Given to the Town of Tuxedo Police – 4
Assists given to Other Outside Agencies – 1
Miles Patrolled – 2,391
Additionally, roughly 1,300 cars entered the Village via the Front Gate on a daily basis.
Mayor McFadden inquired as to the time of day for the assists given to the Town, specifically wondering if these had occurred during the overnight hours when the Town did not have coverage.
From the audience Meg Vaught noted that at a the Town Board meeting on the night previous, it had been announced that overnight coverage had been restored 3-4 nights per week, however they would not publicly announce which nights these were for security reasons.
Officer Southerland noted that one of the assists had taken place around 11:30pm, when a report of a kitten in the middle of Route 17 was called in. As it turned out, the animal was not a kitten, but rather a baby opossum and by the time the police arrived, it had unfortunately already been hit.
Audrey Perry noted that during a recent golf event at the Tuxedo Club there had been an extra police presence at the South Gate, which was very much appreciated. She wondered if the Club was billed back for this service.
The answer was yes.
DPW Report – DPW Superintendent Jeff Voss reported that the paving and grinding work as planned has been completed and that the department is very happy with the results. Additionally, the paving work came in at $50,000 less than anticipated, so they will be looking to find 2 or 3 other paving related projects that can now be addressed with the savings.
The Mayor inquired about road salt and whether the Village was prepared for the winter ahead.
The Superintendent responded that they had some salt left over from the year prior and they would also start getting more towards the end of October. The price of the salt has gone up $1.35 a ton, which will amount to roughly $1,000 more than anticipated for the Village.
Line striping will take place sometime within the next three weeks.
Given how narrow the roads are, Trustee McHugh wondered whether the Village could make a change from double yellow lines to a single, solid line down the center of the roadways.
Superintendent Voss inquired of Officer Southerland whether there were any legal requirements governing the lines.
Officer Southerland responded that there none that he was aware of, but the police would no longer be able to write citations for crossing the double yellow line. Rather they would have to write citations for failing to maintain lane.
The Village Attorney advised that New York State had a manual that regulated things like this and that the Village was not in a position to vary from what it says without having certain repercussions.
The leaf machine is in need of welding work in order to extend it’s useful life. The Superintendent has collected quotes for the work. Following some discussion the Board voted unanimously in favor of authorizing the emergency labor by Rockland County Iron Works for a total of $3,000.
The DPW is in need of a new truck as discussed and budgeted for. Following a brief discussion, the Board voted unanimously in favor of purchasing a 2020 Ford 4x4 dump truck with plow for a total cost of $59,365.45, to be financed over 5 years at a rate of 3.9%.
Finally, the new pump impellers for the water plant, the purchase of which was authorized back in June, are due to arrive in the next couple of weeks. Once received and installed, all three pumps will be up and running at that facility. Building & Capital – Clickhereto view a copy of the September Property Issues report. Click here to view a copy of the Construction report.
Village Attorney Litigation Report: Madden Vs. The Village - this is an article 78 concerning a freedom of information request. The Village prevailed in April of 2018 on this case and Mr. Madden subsequently appealed and they are still awaiting an oral argument. Yaknowitz Vs. Tayback – This is a civil action brought for excessive force and false arrest. The Village is represented by an attorney assigned by the insurance carrier, as it is covered. Currently, they are awaiting a discovery schedule from the Federal Court. People Vs. Zgonena – This is a Justice Court matter. There was a motion filed by Mr. Zgonena on July 24 to vacate the prior judgment. In accordance with a related Federal Court stipulation, the Village only submitted papers indicating that it took no position on that motion. This matter is pending. Steyer vs The Town of Tuxedo – This is a tax Certiorari case. This Village is note named as a party in this action, but it has an effect on some property that is located in the Village. There have been no developments. King/Duchen vs The Village – An article 78 has been filed. Due to a conflict stemming from a prior representation, the Village cannot use their usual attorneys Feerick Nugent MacCartney.
Trustee Reports:
There were none.
Committee Reports: Lakes Committee – On behalf of the Lakes Committee, Jim Hays reported that the committee had been asked by the BOT to take over the CSLAPS lake sampling and they have agreed to do so. Pristine Waters has completed their two-week milfoil pulling engagement. Mr. Hays took the time to inspect what was pulled and was pleased to see that they had gotten a lot of roots. It appears that they did a good job. The results will be evident when the lakes survey is done.
The committee also spent some time skimming the surface of all three lakes. Unfortunately, they came away with quite a bit of material in Tuxedo Lake but there was very little material in Pond #3 and almost none at all in the Wee Wah. The Committee is hopeful that this will mean that the Wee Wah may have shifted into maintenance mode. Tuxedo Lake will need quite a bit of work down the road. Mr. Hays cautioned that it would be important for the Village to plan ahead and make decisions regarding next summer in the late fall/early winter.
Appointment of New Planning Board Member:
The Board voted unanimously in favor of appointing Jay Reichgott to the Planning Board to fill the seat recently vacated by Peter Regna. Mr. Reichgott’s term will expire in 6/24.
Report by Town Board Member or Trustee Liaison:
There was none
Public Comments:
Regarding the milfoil pulling, Joann Hanson commenting that she felt there would be a certain logic to concentrating the efforts around the Boat Houses, noting that she frequently sculled and could see that boat traffic was churning up the milfoil and spreading it around.
John Ledwith reported that he had received a call from Bonny Takeuchi, informing him that they were almost finished with clean up for the season at the Beach Club. She further advised him that the wooden playset is in disrepair and is likely unsafe for play, so the Village might want to consider partitioning it off for the winter.
Trustee McHugh noted that there was already caution tape and signage there that had been provided by the Beach Club.
New Business: Garbage Bids – The Village voted unanimously in favor of accepting the 1 bid received for the Garbage Contract from Sterling Carting in the amount of $14,490 a month. This represents roughly an 11% increase. There was a brief discussion as to how this would be afforded being that the increase had not been budgeted for. It was agreed that the funds would have to come out of the un-appropriated surplus. Present Responses to Conditions in the Village Booth Project Resolution/Sign and Authorize Schnabel Professional Services Agreement for Booth Project – There was a lengthy debate regarding responses to conditions in the Village Booth project resolution. Most of the debate centered around the condition that all of the police systems currently located in the Keep must be duplicated in the Booth so that there are redundant systems in both places and whether or not this expense should be considered part of the budget for the booth project. (Funding for the construction and installation of the booth has been predominantly raised through donations from private residents, however replacing all of the police equipment has not been funded or budgeted for)
To listen to this discussion, clickhere.
New Business: Resolution – SCAR Proceedings Authorization – The Board voted unanimously in favor of appointing Trustee McHugh to represent the Board of Assessment Review in a Scar Hearing to take place on September 26. Schnabel – Stop Logs – Divers – Engineering Oversight: When Mcnamee finished out the Wee Wah Dam construction they dropped debris into the spillway and as per the DEC it must be cleared out. This work will need to be performed by divers and it is recommended that the Village use Seaway, as they have already been extensively involved with the project. At the same time, they will install new, aluminum stop-logs (the current stop-logs are steel, very heavy and incredibly hard to maneuver. Additionally, some of them were damaged during construction and require replacement) as advised by Schnabel Engineering in their recent proposal at a cost not to exceed $4,500. Schnabel will design and install the new stop-logs. The Board voted unanimously in favor of this action. Additionally, they unanimously approved engineering oversight fees of $9.800. There are enough funds left in the dam budget to cover this expense. Announcement – Bulk Trash Pickup – Saturday, October 19 – Bulk trash pickup in the Village will take place on Saturday, October 19. Items must be curbside by 7am.
Goose Hunting: It is goose-hunting season. The Village code allows property owners to shoot geese on their own property. Mayor McFadden inquired as to what the Trustees thought about allowing approved individuals to shoot on Village owned property, namely at the Wee Wah Beach Club. This was discussed at some length. Goose poop in the Village lakes has become more and more of a problem over the past several years.
Trustee McHugh suggested that the Village had hired the lakes manager to look at various factors and analyze the lakes. He suggested that rather than to move forward with a piece-meal effort, they should consider all of the issues and come up with a broader plan as to how to deal with everything. There has been no public notice and he is not a fan of people shooting off shotguns on public property. Following further discussion it was determined that they would not move forward with authorizing shooting on Village property.
Public Comment:
Sally Sonne commented that the Village trails were in better shape than ever before with all fallen trees having been cleared, brush cut back and wood chips laid. Maps are available in the Village Office. She encouraged residents to get out there and enjoy the trails!
The Village Board of Trustees held a special meeting on Wednesday, September 11 at 7pm the purposes of discussing the proposed traffic booth project and approving the parapet wall expansion joint caulking proposal. all members were present.
A lengthy discussion/debate concerning various aspects of the traffic booth project occurred. Click here to listen to a recording.
The Village Board of Trustees met on Wednesday, August 21 at 7pm. All members were present.
Mayor’s Comments:
After welcoming everyone, Mayor McFadden commented that he was looking forward to a productive meeting. Specifically, he expressed excitement that his responses to last week’s booth project resolution would be reviewed by the Board. “The sooner these requirements are met, the sooner we will improve Park security and move one step closer to community inclusive policing.” He went on to note that at the Board’s request he would be presenting responses to items A-L for an “up or down” vote and that printed copies of these response were available in the back of the room for audience members to follow along.
Departmental Reports: DPW – DPW Superintendent Jeff Voss was not present and therefore his report was skipped. Trustee McHugh noted that the department had been busy with milling and paving various roadways throughout the Village. Police- Officer Dan Sutherland reported the following for the month of July:
Non-Criminal Complaints – 369
Criminal Complaints – 1 (closed by investigation)
Motor Vehicle Accidents – 2 (property damage only)
Traffic Tickets Issued – 23
Fire Alarms – 6
Intrusion Alarms – 4
Medical Calls – 2
Assists Given to the Town of Tuxedo Police – 2
Assists Given to other outside agencies – 4
Miles Patrolled- 2,487
Additionally, approximately 1,300 vehicles entered the Village via the Front Gate each day.
Mayor McFadden mentioned that he had recently received a card in his mailbox that had clearly been stuffed there by hand and that further, one had been stuffed in almost every mailbox in the Village. Clearly, somebody was been able to gain access to the Park and circulate this mailing. He further commented that he would pass the mailer along to the Police tomorrow along with the date it was received and the time frame during which it had been circulated in hopes that they could revisit the video tapes and attempt determine who was responsible and how they had gained access to the Village. Building Department – Clickhere to view the Building Department Report for the month of August.
Trustee McHugh asked Mr. Ledwith to provide an update with regard to the dataloggers.
Mr. Ledwith explained that the referenced dataloggers were part of a technology that the Village was trying to use to help them locate leaks within the water system. Essentially censors are laid out throughout the distribution system and they triangulate between each other to locate where leaks will occur. The dataloggers transmit the information up to the cloud and then report back as to what they hear and what the various distances are so that the leaks can in turn be located. There has been some difficulty utilizing the censors in the Village due to inadequate cell signals. They attempted to use two of the dataloggers in the Town on two different ends of a line that runs under the railroad tracks and the Ramapo, and while they were receiving some signals, they were not strong enough for them to locate leaks. Ultimately it was determined that the censors were faulty and the company responsible has taken them away and will return in two weeks to try again. To date, the Village has not incurred any expense for these services. Building Dept. Resolution – Return CC Road’s Performance Bond – Villa Inna Project Complete-
As the Villa Inna Project has been completed and a Certificate of Occupancy issued, it is the recommendation of the Building Inspector that the Performance Bond, in the amount of $354,428 be returned. Following some minimal discussion, the Board voted unanimously in favor of returning the bond as recommended.
Village Attorney Litigation Report:
Board attorney Brian Nugent reported the Following: Madden Vs. The Village - this is an article 78 concerning a freedom of information request. The Village prevailed in April of 2018 on this case and Mr. Madden subsequently appealed and they are still awaiting an oral argument. To date billing is $18,000 and there are no additional costs. Yaknowitz Vs. Tayback – This is a civil action brought for excessive force and false arrest. The Village is represented by an attorney assigned by the insurance carrier, as it is covered. An answer to the complaint has been served and the court has scheduled an initial discovery conference on September 6, 2019. People Vs. Zgonena – This is a Justice Court matter. There was a motion filed by Mr. Zgonena on July 24 to vacate the prior judgment. In accordance with a related Federal Court stipulation, the Village only submitted papers indicating that it took no position on that motion. This matter is pending.
Trustee Reports: Garbage/Recycling Contract – Following some brief discussion, the Board voted unanimously in favor of putting the garbage/recycling contract out to bid, with an opening date of 9/17/19.
Committee Reports:
With regard to the Lakes, Trustee McHugh reported that a Cutrine Plus treatment had been applied to Pond #3 on Friday, August 16. This was followed by a 24-hour swimming restriction. Since that time, the clarity of the water in Pond #3 has increased by 50%.
Oneonta has been in the Village putting together a fish study, the formal results of which will be issued in September. In the interim, Trustee McHugh reported that they had caught between 300-400 fish including both large and small-mouth bass, raw bass, 3 species of Sun Fish, Yellow Perch and Common Carp. There is some nice diversity in the near shore fish community. The lake has markings of good warm water fishery. They cannot say a lot about cold-water fishery because the trout are deeper. There are a lot of sunfish. It was noted that a year or two’s class of large mouth bass are missing from a few years back. There are a lot of bass less than 15 inches and many larger, but nothing in the middle. Oneonta will be developing recommendations which they will present to the Lake’s Manager with regard whether the Village should be stocking the lake and if so with what.
Mayor McFadden inquired as to whether or not the system Oneonta was using only explored a limited depth of water, meaning that the results would not show what exists in the deeper spots.
Trustee McHugh confirmed that this was true.
Report by Town Board Member or Trustee Liaison:
Trustee Coen reported that she had spoken with Town Supervisor Mike Rost, who was wondering whether the Village might consider connecting to the new sewer plant in Town, should they elect to bring it online sooner than originally planned. Trustee Gluck pointed out that this had been explored previously and that there were a number of substantial engineering obstacles, which could make it quite difficult to pursue, but he agreed to look at it again to more specifically determine the associated pros and cons.
Town Board member Michele Lindsay reported that the week previous there had been a meeting at the library to discuss the new early voting laws. The State of New York has changed the primary dates and has also added 9 early voting dates. Click here for more information. Tuxedo residents who wish to vote early must do so at the Warwick Town Hall. Additionally, some changes have been made to the absentee ballot application, but as they constitute a change to State constitution, they will be a part of the referendum for two years.
With regard to the consolidation, Mrs. Lindsay reported that the Town Board was currently discussion how the government would be run moving forward. It is anticipated that things will remain as they are now. They have to formally adopt a consolidation plan and this will be followed by public hearings. All of this should be completed by the end of the year.
Trustee McHugh inquired about the Related Companies and the Status of the Tuxedo Farms project.
Mrs. Lindsay responded that they continued to bring fill onto the property and had recently received a 1-year extension on their filling and grading permit for the East Terrace section of the Development.
Trustee Coen wondered if they were actually going to continue with the project as originally planned and Mrs. Lindsay replied that they were continuing with the filling and grading.
Mayor McFadden inquired about a recent communication he had received from the Town regarding changes to the Planning Board.
Mrs. Lindsay explained that in 2017 the Town had officially added 2 members to the Planning Board, bringing the total number of members up to 7. The terms for the 2 new members, along with one of the pre-existing members, are set to expire at the end of 2019. This Board finds it unacceptable to have three terms expiring at one time and therefore they are changing the terms around. Public Comments:
Lili Neuhauser commented that she periodically drove around Tuxedo Lake and that she had been increasingly finding that “things don’t look as tidy as they ought to.” She feels it behooves the Village to present themselves with their best foot forward when it comes to properties and things that can be viewed from the road such as crumbling walls (there is a brick wall on East Lake Road that has been in bad shape for over a year.) It is not her intent to gang up on any homeowners, but there are issues with a wall on Mountain Farm Road; Club House Road is a chronic issue and there are pods and trailers scattered all around. There are actually trailers in the Village Office parking lot. “What are we running…a boat house or a Village Office?” She understands that it is a difficult situation because the code is not always specific and that folks tended to blow off these types of concerns, but all the same she wanted to bring it up.
Mayor McFadden replied that the Village was up against residents who were not aware of the code. There is in fact mention of boat trailers in the Village Code. Regarding walls along the roadways, there was always the issue of the original plot of land and who owns it…the Village or the property owner and these often become battles. That being said, he is aware of conversations between the Village and residents who are out of compliance and in fact there are several court cases pending relating to these types of issues.
Trustee McHugh added that the Village took these things very seriously and that they currently had two arrest warrants out for residents for disregarding property violations and flagrantly refusing to come to court. The problem lies with getting residents to take things as seriously as the Village does.
The Mayor reiterated that the Village was aware of the issue. He thanked Mrs. Neuhauser for bringing it up and reassured her that they would continue to do the best they could to get on top of it.
JoAnn Hanson read into the record a letter from the Planning Board, commending Peter Regna, who recently retired from the Planning Board, for his years of service to the Village. Mr. Regna first joined the BAR back in 1977 and subsequently served on the Planning Board. A copy of this letter can be viewed here.
Old Business: Resolution – Overton – The Board unanimously approved two resolutions pertaining to the Overton Subdivision. The first officially adopted the Findings Statement as approved by the Planning Board as part of the SEQR process. The second authorized Mayor McFadden to sign I & I /community benefit agreement. Resolution – Approve Booth Drafter – As part of his continuing work on the traffic booth project, the Mayor has put together a diagram demonstrating that the police equipment currently housed in the Keep will fit into the new traffic booth. The next step in the process is to hire a professional drafter to take this diagram and create official working construction documents to be encompassed into the overall plans. As per the Village procurement policy, Mayor McFadden collected 3 quotes for this service and ultimately chose the least expensive professional who will charge a rate of $45 per hour, for a total cost not to exceed $800. Following some discussion and debate pertaining to the diagrams as presented by the Mayor, the Board voted unanimously in favor of approving the drafting services as proposed. Resolutions – Responses A-L to Booth Resolution Passed on 8/14/2019:
As stated during his opening remarks, the Mayor presented the Board with responses to sections A-L of the Booth Resolution, which was adopted on 8/14.
These can be viewed here. LETTER A RESPONSE LETTER B RESPONSE LETTER C RESPONSE LETTER D RESPONSE LETTER E & G RESPONSE LETTER F RESPONSE LETTER H RESPONSE LETTER I RESPONSE LETTER J RESPONSE LETTER K RESPONSE LETTER L RESPONSE
The responses and subsequent proposed resolutions were discussed and debated at some length. Click here to listen to recording of these discussions. Discussion of Village Boat Club Informal Non-Binding BAR Review; Racetrack Landscaping Project Informal Non-Binding BAR Review; v. Booth Project Formal Non-Binding BAR Review; and Flagpole Projects’ Lack of BAR Review: Mayor McFadden opened the discussion by expressing his concern over the consistency of what is being required for these types of projects. The Booth application is being treated like a home, with rigorous BAR attention. He spent some time researching the Racetrack landscaping project and discovered that they had only had an informal review. Chiu Yin Hempel gave a brief presentation to the BAR and this was greeted with informal, constructive feedback. There was no official approval process for this project. The landscape architect was not required to present to the BAR and there was no SEQR, even though the Racetrack is a registered wetlands. The Mayor wondered whether or not they wanted to reverse their opinion that these kinds of projects would receive informal reviews by the BAR, or if they wanted to require them all to have formal reviews, which is what has happened with the Booth. This would involve brining the TAB back before the BAR so that the project can receive formal approval and further that a stop work order be placed on the project until that process has occurred.
Trustee Coen requested that this be discussed in executive session as she wanted to receive advice from the Mr. Nugent as to the legal ramifications.
Trustee Barnett agreed with this.
Moving on to the Village Boat Club, the Mayor suggested that there were no existing BAR minutes pertaining to the Village Boat Club dating back to 2001.
Trustee Gluck suggested that there was a discrepancy here because if one looked at TPFYI, they would see that in either 2015 or 2016 the Village Boat Club had appeared before the BAR.
The Mayor responded that he had searched TPFYI and had not come up with anything. There might be references to a BAR review, but nothing in the minutes. Besides, the point is to determine whether any such review was formal or informal in order to ensure that there is consistency. The Booth is required to receive a formal review, while these other projects on Village property, which require SEQR and other “very serious things” had informal reviews if at all.
Moving on to the flagpole, Mayor McFadden suggested that this should have been given a review, however there was no BAR review for the flagpole formal or informal. “I guess the option that we can discuss is whether we believe in this consistence issue. At the last meeting we discussed a precedent going forward but we didn’t consider recent projects that never got BAR approval like the Racetrack and the Flagpole.”
Acknowledging that the Mayor had spent quite a bit of time researching these suggested infractions, Trustee Coen stated that she believed there was a distinction that could be made, but reiterated her desire to receive council from their attorney in an executive session.
Mayor McFadden was agreeable to this. He further pointed out that the flagpole expenditure had never been approved by the Board, nor did they have an opportunity to review the various quotes that had been obtained. He suggested that they should make a retroactive resolution to approve the expenditure, similar to what they had done last week with the architect who stamped the Booth drawings.
Trustee McHugh responded that the flagpole had been paid for using the police budget. 3 quotes were obtained and 4 trustees signed off on the voucher.
Mayor McFadden argued that there had only been quotes.
Trustee McHugh pointed out that the procurement policy required 2 written quotes and 1 verbal quote for expenditures under $2,000 and this is what had been obtained.
New Business: Sexual Harassment Training – All Village employees, Board members and consultants are required to undergo sexual harassment training. The training is web-based and consists of viewing a 45-minute video and must be completed by October 9, 2019. Additionally, as a part of the training the Village must provide trainees with an email linking them to the Village Attorney in case they have any subsequent questions or concerns and requiring them to certify that they have viewed the required videos. Videos can either be accessed from the trainee’s home computer or a computer in the Village Office. It was agreed that the training should take place during the course of the normal workday and that overtime would not be afforded.
Public Comment:
Meg Vaught commented that while the Board had been discussing the sexual harassment training, she had revisited the BAR archives on the TPFYI website and determined that the Village Boat Club had appeared before the BAR twice in 2015 for their boat dock extension having received approval in May of that year, conditional upon the subsequent approval of the BOT. The report did not indicate whether the review had been formal or informal.
The Board thanked Mrs. Vaught for this information.
Following the approval of minutes, the Board adjourned into an executive session to discuss the employment of a particular person, Police Chief candidates, BAR Executive Session of 8/15/19 and to receive advice from council.
Special Village Board Of Trustees Meeting
Auguat 14 2019
The Village Board of Trustees held a special meeting on Wednesday, August 14 at 7pm. All Board members were present.
Mayor’s Comments:
After welcoming everyone to the meeting, Mayor McFadden turned things over to Trustee Coen for an update on the Police Chief Search. Trustee Coen subsequently reported that to date 6 candidates have each completed two rounds of interviews for the position. The committee is now working to develop a “short list” of candidates and expects to make a decision sometime within the next 2-3 weeks.
Police Co-Liaison:
Mayor McFadden noted that the current system of co-liaisons to the Police Department with Trustees McHugh and Barnett was working nicely. However, while he does not anticipate the need to make a change, he would like to have the flexibility to make a change after the new Chief is hired. He suggested appointing Trustee McHugh to the role provisionally that evening and then at the next meeting, changing Trustee Barnett’s appointment to provisional as well. Once the new Chief has been in place for several months, they can evaluate the chemistry, see if things are working and should the Mayor feel a change needs to be made, he would address it with the Board at that time.
Trustee McHugh recommended that they change nothing for the time being as things were working well. Once the new Chief has been appointed they can make a determination should a change be necessary.
Following minimal discussion, it was agreed that they would follow Trustee McHugh’s recommendation.
Pristine Waters – DASH Harvesting:
Trustee Gluck reported that primarily due to the “efforts and good graces” of resident Elizabeth Cotnoir and the Lakes Committee, the Dash Harvester has dramatically reduced their pricing while coming up with a reduced scope of work. The Village will now be able to move forward with a program of DASH harvesting in Pond #3, the recommended selective areas of DASH harvesting in Tuxedo Lakes (by the Club docks and the Village Boat Club) and also take care of a small amount of Eurasian Water Milfoil that is in the Wee Wah for a 10-day pricing of roughly $20,160. The pricing for herbicide was only slightly less. The only “wrinkle” in the plan, so to speak, is that the 10-day time period the Village has been allotted, 823-9/7, spills over onto a Saturday. Trustee Gluck proposed that this be the day the harvesters work in the Wee Wah so as not to interfere with any recreational activities. Trustee McHugh added that the Milfoil in the Wee Wah was located north of the DPW property, so the harvesting in that area would not effect recreational enjoyment of the Wee Wah Beach Club.
Mayor McFadden asked specifically which areas were going to be covered by the DASH harvesting.
Trustee McHugh responded there were 2½ acres in Pond #3, a “very localized” area in the Wee Wah South of where Brook Road comes in (1½ acres) and in Tuxedo Lake they will addressing areas where there are currently severe infestations in order to reduce the fragmentation and provocation from boat traffic coming in and out.
“So, in fact, the chemical price we got would have not applied apples and apples to what we are doing on the Main Lake or in the Wee Wah because we are not contemplating using chemicals there,” commented the Mayor.
Trustee McHugh responded that they have never considered using chemicals in Tuxedo Lake and with regard to the Wee Wah, they had submitted a permit to use Procellacore both there and on Pond #3, however their discussions had pertained mainly to it’s use in Pond $3 and were never seriously focused on the Wee Wah.
Mayor McFadden next wanted to know if the Lake’s Manager had recommended the company that would be doing the diving. The answer was no. The Lakes Committee was instrumental in finding the divers.
Finally, the Mayor inquired about the status of the fish survey. Trustee McHugh responded that this work had started earlier that day.
The Board then voted unanimously in favor of approving Pristine Water’s proposal for 10 days of DASH harvesting in all 3 Village lakes at a cost of $20,160 and authorizing Trustee McHugh to sign the contract.
Resolution: Appoint Attorney for BZA:
The Board voted unanimously in favor of appointing Alyse Terhune as attorney to the BZA.
Resolution – BZA Request to Change Meetings from 4th Thursday to 1st Wednesday of the Month:
The Board voted unanimously in favor of granting the BZA request to change their meetings from the 4th Thursday to the 1st Wednesday of the month.
Resolution – Approve Hiring of Booth Architect and Fee:
Mayor McFadden stated that following the previous meeting of the Board it had been suggested that an Architect be obtained for the purpose of reviewing the booth drawings and issuing both a signature and a stamp. The Mayor “unintentionally and inappropriately “ took it upon himself to contact an architect, send him the plans and obtain the necessary signature and seal without first obtaining Board approval to do so. He then apologized to both the Board and the public for having taken those actions. He has since asked the Village Attorney how they can rectify the situation and has been offered a retroactive solution.
When asked, Trustee McHugh expressed some concern over the retroactive plan, commenting that the Village had recently been audited by the comptroller and found deficient. Further the Village has hired a Lakes Manager, Bond Council and a Grant Writer, all of which are professional services, by complying with the procurement policy, which requires 3 bids. They did not vote in favor of collecting the bids and he feels that doing something after-the-fact is disingenuous.
Trustee Coen commented that she understood that mistakes happen and she did not have an issue with adopting a retroactive solution.
Trustee Gluck commented that something similar had occurred with the Trails Committee. He understands that the actions were not badly intentioned but he suggested that the Village recognize, with some level of formality, in the resolution that the action had not complied with the procurement policy and that the policy would be followed in the future.
Trustee Barnett stated that assuming there were no further legal issues, he agreed with Trustee Gluck.
Trustee Coen then offered a couple of suggestions pertaining to the resolution focused on how they could make things compliant in terms of waiving the need for an RFP and also clearly indicating where in the budget the money for the services would come from.
Following some further discussion, the Board voted unanimously in favor of the resolution.
The Mayor reiterated then thanked the Board for helping him to resolve his error and the public for their understanding of the situation.
Resolution – Booth Project:
A resolution focused on the Booth Project and various conditions that must be satisfied before it can move forward was then presented and discussed at length by the Trustees. There was some disagreement with regard to the proposed conditions. To listen to the discussion in its entirety, click here.
Ultimately, it was determined that the Board would need to enter an executive session in order to receive advice from council before they could vote on the resolution.
Following the executive session, the Board voted 4-1 in favor of adopting the resolution, with Trustee McHugh voting against. To view a copy of the resolution as adopted, click here.
Public Comments:
Elizabeth Cotnoir commented that she had received a call earlier in the day alerting her to the fact that Cutrine Plus would be applied to Pond #3 on Friday August 16. She understands from having attending the previous special meeting that because there had existed the potential of utilizing Procellacor, the Cutrine Plus treatment needed to be pushed forward because it had to be done two weeks in advance of a Procellacor application. Now that the Village has decided not to use Procellacor, she wondered if they would also consider not using Cutrine Plus as the weather has been cooler and there has been quite a bit of rain. She suggested that perhaps there was a way to avoid the treatment and conserve the money for usage towards the other lakes projects. She further inquired as to how the Cutrine Plus would work and more specifically, how it moved through the water. She understands that there is a 24-hour window after the treatment when swimming is prohibited. The treatment is currently scheduled for first thing Friday morning and she expressed concern over the ability for people to swim in the Wee Wah on Saturday, which seems a little “too close for comfort” to her. She wondered whether or not the water in Pond #3 could be contained following the treatment, so that it would not flow into the Wee Wah Lake. Since the reasoning behind the Cutrine Plus treatment was originally a cosmetic/lesser-grade health issue (as described in the previous meeting) she further wondered if they might be able to push the treatment back by a few weeks until after the swimming season had ended. She suggested that the Lakes Manager be consulted about this.
Trustee Gluck responded that they had consulted the Lakes Manager and that this had been their recommendation.
Ms. Cotnoir responded that this communication had taken place prior to the cold snap and that the Village had been seriously considering the use of Procellacor at that time as well.
Trustee Gluck replied that they had not pushed the Cutrine Plus treatment forward rather they had potentially pushed the Procellacor treatment back. He further commented that it had been the recommendation of the Lakes Manager after taking a sample that the Village should do the Cutrine Plus treatment as there was some blue/green algae in the water. Solitude will assess the lake again prior to treatment.
“Can the Lake Manager do the assessment rather than Solitude?” inquired Ms. Cotnoir. “Because it’s like having a salesman test and then sell you the product they want you to use.”
“If the assessment was that there was no need to treat it now,” responded Trustee Gluck, “then we wouldn’t treat it, but that is not what the assessment is. Has it changed? I don’t know.”
Trustee McHugh commented that the answer to that question was no. Solitude had been in the Village the day prior and taken another sample but the visual assessment of the water body was that it did need to be treated. “We are not jumping up and down to have to do it, but the recommendations that we have gotten from the Lake Manager have been supportive of treating it.”
Howard Shore inquired as to what we would be done to prevent the treated water from spilling over into the Wee Wah.
Trustee McHugh replied that they could not drain the lake to reduce the flow. That being said, the flow levels are extremely small. “The restrictions with regard to the DEC are pretty clear,” he said. “If the downstream water body, in their opinion, is not negatively being effected by this and that is their opinion.”
Ms. Cotnoir noted that the Wee Wah Beach Club had not been notified of the with treatment and she wondered if the Village was required to notify them if kids were going to be swimming there on Friday and Saturday.
“The permitting and the DEC notifications have no downstream from Pond #3 swimming restrictions,” replied Trustee Gluck.
Moving along to another issue, Ms. Cotnoir commented that her daughter had taken a Lyft home from the airport, accessing the Park via the South Gate. When they reached the gate, it opened…..no questions asked, even though the vehicle did not have a resident sticker. The driver was neither stopped nor questioned as to where he was going.
Mayor McFadden responded that they would make a note of this so that it could be addressed with the Police Department.
Special Village Board Of Trustees Meeting
Auguat 6, 2019
The Village Board of Trustees held a special meeting on Tuesday, August 6 at 8am. All members were present.
The first half of the meeting focused on the treatment of Pond #3 with herbicide to combat both algae and Eurasian Water Milfoil. In brief, Village Lake Managers North Eastern Aquatic Research (N.E.A.R) have recommended that all three lakes be treated for Eurasian Water Milfoil, either via Dash Harvesting (hand pulling) or use of the herbicide Procellacor. There is a significant price different between the two treatments. The Village Lakes Committee has advised that in their view chemicals should only be used as a last resort and they would like to see the Village move ahead with the Dash Harvesting if at all possible. There may be some flexibility in the harvesting estimate that was provided. A decision needs to be made very soon either way as the Village must either secure divers for the harvesting or move forward with the herbicide in order to comply with the timeline of their existing permit.
Simultaneous to the E.W.M. in pond #3, last week’s CSLAP testing showed elevated levels of algae in that body of water and while these are not of eminent concern, it has been advised that the Village proactively treat the water with Cutrine Plus, which is a copper based algaecide similar to the Copper Sulfate that has been used in the past. The village must obtain a permit to administer this treatment and they have done so. Residents living on Pond #3 will be notified 7 days prior to the treatment and there is to be no swimming for 48 hours afterwards.
There was some concern and subsequent discussion as to whether or not the Village has the ability to close the dam between Pond #3 and the Wee Wah in order to keep the treated water from passing between lakes following treatments.
Ultimately the Board voted unanimously in favor of the Cutrine Plus treatment and the neighbors will be given a 7 day notification. The BOT will utilize this 7 day period to gain further granularity on the dash harvesting estimate and hopefully negotiate the price down. A special meeting will be held on Wednesday, August 14 at 7pm, at which time they plan to render a decision.
The entirety of this discussion can be heard by clicking here.
The second half of the meeting was centered around the Traffic Booth Survey. Despite the results of the recent survey, two of the Trustees have reservations about moving ahead with the project. There was a lengthy discussion, during the course of which each Trustee expressed their views. Ultimately, it was agreed that a resolution for approval, to be conditioned upon a number of items as discussed, would be drafted and presented at the Special Meeting on August 14 for a vote.
The Village Board of Trustees met on Wednesday, July 17 at 6:45 pm for their annual reorganization meeting, followed directly by the regular monthly meeting. Trustee Coen was 10 minutes late.
Mayor’s Comments:
Mayor McFadden began the meeting by commenting that he was quite pleased with the Village turnout for the July 16 town-wide consolidation referendum, which passed overwhelmingly.
Reorganization Meeting:
Following a brief discussion and minimal changes, the Board voted in favor of adopting the reorganization document. Trustee Coen abstained from the vote as she arrived after the discussion had taken place.
The document can be viewed here.
Following a 5-minute break, the regular monthly meeting commenced at 7pm with all Board members present.
Report – Overton Subdivision:
The Overton Subdivision is a project consisting of 9 buildable lots to be located on both Mountain Farm and Camp Comfort Roads near the Tuxedo Park School. The project has been before the Village Planning Board for more than 10 years and is finally nearing approval. Once the application has received Planning Board approval, the Board of Trustees will also need to issue some approvals before the project can move forward. Planning Board Attorney Rick Golden was called upon to outline what would be required of the BOT. With respect to water, the BOT must issue a permit allowing Overton to connect to what the Village considers to be a lateral, but the DEC considers to be an extension. The permit will allow the connection of three lots to the Tuxedo Park School private water line. Secondly, the BOT must approve and connection of any of the lots in the subdivision to the water system. Pertaining to sewer, the BOT must issue a special permission to allow the connection of the same three lots to the Tuxedo Park School private sewer line. There is an issue with these three lots as well as two others in that the DEC considers these five lots to be extensions and there is currently a DEC moratorium on extensions. However, the DEC has said that if the Village performs certain mitigation, they will allow the lots to be connected. In order for this to happen, the BOT must approve an agreement with Overton stating that the Village will take the responsibility for doing the I&I work, but Overton will finance it in its entirety and further they will take responsibility for doing whatever is necessary to satisfy the DECs moratorium for the project to move forward. A part of the agreement will indicate that instead of having recreation fees determined and assessed by the Planning Board, Overton will donate to the Village (in a general way) $13,500. Before any of these permits can be granted, SEQRA must be completed. The Planning Board is the Lead Agency for this application and they anticipate completing the process soon. At the conclusion of the process, they will adopt a Findings Statement. The BOT must also file their own Findings Statement before they can approve anything. Mr. Golden Advised that the BOT could either fashion their own statement or they could simply adopt the one that has been adopted by the Planning Board, which is what most legislative bodies do when they are involved in this kind of thing. (The Findings Statement addresses how to mitigate all the potential environmental impacts of the project.)
Representatives from Overton then gave a presentation, generally outlining the project for both the BOT and the public. As previously mentioned, the subdivision consists of 9 lots, which essentially form a U shape around the Tuxedo Park School. Five of the lots will be serviced by a private access road. These lots range in size from 4 to 7 acres. Two of lots will have independent driveways off of Camp Comfort Road. The two remaining lots will be fed from an existing access drive coming off of Mountain Farm Road. A utility map was presented and briefly reviewed. The project has been through intense review, with extensive focus on sewer and water. The project is not expected to adversely effect water pressure. Each house will have its’ own water system and pump system in order to avoid excessive demand on the existing Village system, especially during peek hours. The five required extensions have also been looked at extensively.
A Q & A with the public ensued.
John Boyle inquired about the impacts of the project on the existing residents of Camp Comfort Road in terms of water. He further commented that construction that has already occurred in that area has had adverse impacts over time and that although not consistently, the water has turned brown.
Overton responded that in terms of potential construction impacts, one of the mitigation efforts that has been considered by the Planning Board as part of their findings is restricting the applicant to two building permits a year.
Planning Board Chair JoAnn Hanson reiterated that there had been an extensive environmental review, spanning almost 10 years, which addressed issues such as construction, water, sewer, traffic, etc. They have restricted the applicant to two construction projects at a time and additionally, the applicant will have an obligation to repair the roadways in the area if necessary. There have also been extensive engineering studies relating to water pressure in order to ensure it would not be adversely affected.
Rick Golden interjected that the Village Engineer had reviewed the plan and believed that it would work without causing any issues to the existing water system, such as discoloration of the water. Trustee Gluck added that all of this information was available to the public as part of the Environment Impact Statement (EIS) which is posted on the Village website.
Howard Shore commented that he owned property on Camp Comfort Road as well as Patterson Brook Road, which is located directly below Camp Comfort. The one home that was recently built on this particular ridgeline impacted him adversely in terms of noise for two to three years. He was unable to use the properties because of constant pounding. He noted that various environmental impacts were being discussed, but that nobody had mentioned noise. He also expressed concern that by only allowing 2 projects a year, the “agony” of having to listen to the construction would be extended. In his view, the best thing to do would be to build fewer houses as quickly as possible.
There followed a discussion with regard to rock chipping that occurred on another project in that area, which was likely the cause of the disturbance that caused the discoloration of the water. Mayor McFadden stated that it had been agreed that nothing like this would ever be allowed to happen again. Chair Hanson added that it was important that folks realize that each individual home that is constructed as a part of the subdivision will have to come back before the Planning Board as well as the Board of Architectural Review for approval. Construction will only occur as the lots are sold. She reiterated that everyone was aware that they could not allow a repeat of what had occurred with the extended chipping.
Elizabeth Cotnoir inquired about the condition of the lots at time of sale and whether they would be clear-cut with access road and driveways built.
Mr. Golden responded that there would be no land disturbance in terms of clear-cutting or access roads prior to the sale. When the first lot comes before the Planning Board for site plan review, Overton will have to put in the necessary infrastructure to service the lot.
An audience member inquired as to how much total acreage would be affected by the project.
The answer was that the project covers 67 acres in total, however only 11 acres of disturbance is anticipated.
In closing, Mr. Golden stated that it is anticipated that the Findings Statement will be finalized on July 23 and the project approved by the Planning Board on August 7. After receiving Planning Board approval, the applicant will come before the BOT for the approvals as outlined.
Department Reports: Police – Officer Sutherland reported the following for the month of June:
Criminal Complaints – 1 (1 open/1 closed by investigation)
Non-Criminal Complaints – 387
Property Damage Complaints – 4
Arrests – 5
Traffic Tickets – 28
Traffic Warnings – 1
Medical Calls – 2
Intrusion Alarms – 2
Fire Alarms – 2
Assists Given to the Town of Tuxedo Police – 1
Assists Received from the Town of Tuxedo Police – 1
Miles Patrolled – 2,366
Additionally, roughly 1,300 cars per day entered the Village via the Front Gate.
On July 1 there was a bear complaint at 157 Tower Hill Road and rubber bullets were used to hustle the bear off the property. Aside from this incident, no weapons were discharged during the month of June. DPW – On behalf of the DPW, Superintendent Voss reported that road resurfacing and paving on 5 roads as previously reported would take place between August 19 and 22. The Department has been busy cutting back brush at intersections and adding stop bars in various locations. A new gutter system for roof drains at the water department was also installed and this will prevent that water from entering the sewer system. A representative from West Tech, the company that manufactures the filters used at the water plant, spent the better part of two days looking things over for efficiency. Preliminary feedback was positive and a written report reflecting this is expected next week.
Meg Vaught inquired about a section of the causeway near to the Boathouse where the road is eroding and the hillside is steep. She wondered if anything would be done about this.
Superintendent Voss responded that he would take a look at it the following day.
Secondly, Mrs. Vaught inquired as to whether or not there were any plans to weed whack the Ridge Road Triangle in the near future. She recognized that this was likely not a top priority for the DPW, but further noted that it was quite overgrown and that she had recently seen neighbors undertaking some of the work themselves.
Again, Superintendent Voss responded that he would look into it ASAP. Building & Capital – Click here to view a copy of the Building & Capital report.
Audrey Perry inquired about 456 West Lake Road. The property has been uninhabited and in disrepair for years. A tax service company, Core Logic, is paying the property taxes annually but they will not release the name of the property owner to the Village. During a previous discussion, the Board had suggested that they would go ahead and clean up the problem and then bill the property owner back via the tax roll. Following some discussion with Board Attorney Brian Nugent, it was agreed that the Village would get quotes to hire a landscaper who would in turn clean up the property and that the Village would bill back the property owner for this work via taxes.
Village Attorney Litigation Report:
There is no new litigation. Pending is:
Madden Vs. The Village, which is an article 78 concerning a freedom of information request. The Village prevailed in April of 2018 on this case and Mr. Madden subsequently appealed and they are still awaiting an oral argument. There are not additional costs.
Yaknowitz Vs. Tayback, which is a civil action brought for excessive force and false arrest. The Village is represented by an attorney assigned by the insurance carrier, as it is covered. An answer to the complaint has been served and the court has scheduled an initial discovery conference on September 6. At time disclosure will be served and the matter should move along more quickly.
Trustee Reports: Garbage/Recycling – Trustee Barnett recommended that the Village go out to bid with the same contract, which has been received and reviewed by himself as well as Trustee Gluck and the Mayor. Following a brief discussion, it was agreed that the attorney would revise the bid document and share this with the Board for their approval prior to initiating the bid process. Lakes – NEAR recommendations – Trustee McHugh reported that the Village is in receipt of the recommendations from NEAR. Dash harvesting has been recommended for both Tuxedo Lake and Wee Wah Lake. With regard to Pond #3, they are recommending the Village use either Dash Harvesting or the herbicide ProcellaCOR. The Village is in the process of collecting pricing and looking into availability of divers. Unfortunately, many dive teams are already booked up, so scheduling has becoming problematic. Once they have defined schedules and cost structures, there will be a special meeting with regard to addressing the issue and getting approval. Village Office Administration – Trustee Barnett reported that he and Trustee McHugh had been working with Desiree Hickey to upgrade her function. There are two objections: to relieve the Village Clerk of some of her duties and provide some backup in that regard and also to increase internal controls in order to satisfy fully the comptroller. Mrs. Hickey has begun some work in this regard and will be doing more so in the coming months.
Chief Search Update – Trustee Coen reported that to date the search committee has received 6 unsolicited resumes from potential candidates who have heard about the position and would like to be considered. Additionally, the committee has developed a canvas letter, which they sent to the top three candidates on the Chief’s List. Of the three letters they sent they received one response from a candidate who indicated that he was not interested in the position because of the posted salary level. The other two have yet to respond. The Board will next consider whether or not they should rewrite the canvas letter, which currently states that the Village is looking for a full-time chief at 30 hours per week for a salary of $30,000 – 60,000. The rationale for this salary is based on the amount a retired police chief can earn as well as what the Village is currently paying, but this may have to be revisited. Based on the projected timeline, Trustee Coen suggested that the earliest the Village would be hiring a new Chief would likely be the end of August.
Committee Reports: Lakes Committee – On behalf of the Lakes CommitteeJim Hays commented that as far as the Lakes Committee was concerned although herbicides could be used if there was no other method that would work, in the case of Pond #3 and the Wee Wah, dash harvesting would work and therefore they would strongly recommend this method. The differences in cost between herbicides and harvesting are unknown as of yet, but it will likely be a few thousand one way or another. NEAR has presented ProcellaCOR as a choice, but is not making a strong case for its use. ProcellaCOR is a relatively new herbicide, so whatever possible long-term negative effects it may have are unknown. It may not have any negative effects, but they feel it is better to be safe than sorry. On another note, Mr. Hays commented that he felt very strongly that a very aggressive approach to the milfoil is what is needed. In his view, what has been recommended is not an aggressive approach. In Pond #3, the focus is only on areas where there is a lot of milfoil, but why let the rest of it go and spread?? Things are also spreading in Tuxedo Lake. He worries that every year that goes by where things are allowed to spread, remediation is going to cost much more down the road.
Mayor McFadden responded that he had conducted a survey of lake front property owners and the majority of them had been in favor of using chemicals and “get it over with” as quickly as possible.
My Hays responded that eradication would not happen that quickly. Chemicals would need to be used for several years. “By saying ‘get it over with’ you act as if the chemicals are more effective,” cautioned Mr. Hays, but this is not necessarily the case.
Report by Town Board Member or Trustee Liaison:
Trustee Gluck reported that the consolidation referendum had been overwhelmingly approved. He also noted that residents may have noticed signage on South Gate Road indicating that road work would be occurring there from 7/25-9/3. In actuality, the road will only be closed for 3 or 4 days at some point during this time period and while motorists may experience delays, the road will not be closed. There ensued a brief discussion of the situation with the stalled Metra Construction project on Route 17 between Tuxedo and Sloastburg. Mayor McFadden noted that this was now officially in the State’s hands.
Public Comments:
There were none.
Old Business: Resolution to approve Gate Configuration Survey and closing date of July 31 – The Board voted unanimously in favor of approving the Gate Configuration Survey, which will be distributed to residents electronically as well as via water bills. Those residents who use wells, will receive the survey via “snail mail.” The closing date for the survey will be July 31. The Village clerk will be responsible for tallying the results. Resolution setting date of Special Meeting to choose front gate configuration solution- The Board voted unanimously in favor of holding a special meeting on August 1 at 8am to determine which front gate configuration solution would be utilized. O&R Response to Questions Regarding Major Upgrade for the Park- The Village recently had a meeting with O&R regarding the upcoming massive upgrade project The utility company raised some questions which are going to have a direct impact on their daily activities while working in the Village. These were:
Does the Village Board care if O&R brings in a large crew to get the wire and pull-up rates faster or do they only want a small crew to limit road traffic?
With regard to tree trimming, should the Utility company contact the individual property owners or just the Building Inspector and DPW?
Can they use the North Gate by the sewer plant for access to the Village? (They are attempting to obtain permission from the Town to use the ball field parking area for their equipment and material staging)
There is also a question of Police overtime, which will be inevitable, as detours will need to be set up and maintained.
Trustee Gluck wondered how big of an operation would be involved? 30 trucks? More? Less?
Trustee Coen wondered about the timing for the project and was informed that it was tentatively scheduled to take place this coming fall.
John Ledwith added that O & R would be going out to bid for some of the services that are needed, so they would need to communicate with their subs to find out how many crews they could get, etc.
Ultimately it was agreed that the questions would be tabled for the time being, allowing the trustees to further review and contribute additional questions.
Mr. Ledwith suggested that the magnitude of the project might not be as large as they were anticipating, but that he would follow up with O & R and felt that he could have answers for the Trustees by the end of the week.
Mayor McFadden further requested that Mr. Ledwith attempt to solicit a plan from them, detailing which neighborhoods would be effected and when so that they could keep residents informed and people would not be caught off guard by the work.
Mr. Nugent further suggested that they find out exactly what will be expected in terms of Police involvement.
It was agreed that Mr. Ledwith would obtain the answers to these questions within the next week. The magnitude of the project will in turn determine to what degree the Village needs to seek public input before moving forward. Once they have the answers they are looking for, they will in turn be able answer O & R’s questions and make any necessary resolutions at their special meeting on August 1.
New Business: Resolution to approve Wee Wah Beach Club Membership Request:
Wee Wah Beach Club Chair Bonny Takeuchi has written a letter to the Board seeking permission to admit a member to the Beach Club who currently reside outside of the permissible membership area (but still within the Town of Tuxedo.) The family in question had been members of the club for over 50 years and one of the individuals served for many years on the club’s Executive Board. The Club views this as a one-time exception.
There followed a lengthy discussion. Trustees Gluck and McHugh were concerned with the precedent that might be set by allowing a one-time exception. The cautioned that creating exceptions to rules like this could lead to bad policy and that ultimately it was a slippery slope. Trustee Coen agreed that it was slippery slope, however she felt that they could word things restrictively, identifying the specific qualifications for the exception so as to ensure that it would be a one-time thing. Trustee Barnett and Mayor McFadden did not have any issues with making the exception.
Mr. Nugent advised that the contract already allowed for some exceptions in that first responders were allowed to join regardless of their address. To this end, the slippery slope already exists.
The Board debated several options in terms of how the might word the exception in order to ensure that it would, in fact, be a one-time occurrence.
Ultimately, they voted unanimously in favor of allowing the exception. Additional Gate Arm Expense – Both the intercom system and mechanical portion of the Gate Arm at the front entrance were replaced. There were some issues with the mechanical arm as the police were using one shared device for both the arm at the Main Gate and the arm at the South Gate. This was causing a number of issues including delays with both gates as the officers were required to push a number of buttons in order to toggle back and forth between gates. A second controller was ordered and installed at a cost of $1,558 including labor. There remains a slight delay with the closing of the Main Gate Arm., but the situation with the button pushing has been alleviated. The new intercom at the main gate is reportedly working well.
The Board voted unanimously in favor of approving the $1,558 expenditure for the second controller. Village Employee Performance Review Templates- This issue was tabled, although the Mayor noted that he would like to review and approve the templates. Invitation to Tuxedo Fire Department to use The Keep and Lodge for Practice Drill- The Board voted unanimously in favor of allowing the Tuxedo Fire Department to use the Keep and Lodge for a practice drill. As an added bonus to the Village, they will remove the Christmas Lights from both buildings, which have been in place since 2016.
Public Comments:
There were none.
Minutes were approved and the Board adjourned into an executive session to discuss pending enforcement matters, matters relating to the employment of particular persons and pending litigation.
The Village Board of Trustees met on Wednesday, June 19, 2019. Trustee McHugh was absent.
Mayor’s Comments:
Mayor McFadden opened the meeting by thanking the Village for their support in the recent elections, further commenting that he would do his best to always keep the best interest of the Village in mind. He further expressed his gratitude to Village Clerk Debbie Matthews, Desiree Hickey and all of the other individuals who helped out with the election. He added that not long after the results came in, he had received a congratulatory letter from resident David Dangor, who simultaneously donated $10,000 to the booth project as proposed by the Mayor. He thanked Mr. Dangor for his generosity.
Departmental Reports: Police – Chief Melchiorre reported the following for the month of May:
Non-Criminal Complaints – 399
Criminal Complaints – 5
Propery Damage Complaints – 1
Traffic Tickets – 20
Traffic Warnings – 1
Arrests – 4
Fire Calls – 5
Medical Calls – 8
Intrusion Alarms – 3
Assists Received from outside Agencies – 1
Miles Patrolled – 2,756
Fire Arms Discharged – 0
Additionally, roughly 1,600 vehicles entered the Village per day via the Front Gate.
DPW – Superintendent Voss reported that he had received pricing for the milling, reclamation and resurfacing of several Village roads as discussed at the previous meeting. Turtle Point Road, part of West Lake Road, Lookout Road, Club House Road, the back of Wee Wah Road and Tower Hill Loop will all be worked on. Club House Road will be milled down by 1+1/2 inches and then paved. The back of Wee Wah Road will be ground up, graded, compacted and then paved. The combined total of all this work will be $328,503. $200,000 of this expense will be funded through the budget and the remaining $128,503 will be covered by escrow funds from the recent roads bond issuance. Following some discussion the Board approved funding for this work in the form of two resolutions; one for the milling reclamation and resurfacing work and the other for straight up paving.
Next Superintendent Voss turned to the pumps at the Water Plant. Following the installation of a new pump and motor, there was still some vibration in one of the pumps. After taking apart the pump in question, they discovered it is in need of a new impeller assembly. They attempted to switch the impeller out with another one, however vibration was still detected. Therefore, the Superintendent is proposed that the Village purchase two new impeller assemblies for pumps 1 and 3 at a cost of $22,800 along with two seal kits for $1,750 for a combined total of $23,550. Following some discussion, the Board unanimously approved this expense.
Finally, Superintendent Voss requested permission to hire Brandon Lebar as summer help for the DPW at a rate of $15 an hour. This was also unanimously approved.
Mayor McFadden then commented that he had asked the Superintendent to take a look at the pipes, which run directly under the center island at the Front Gate where the proposed traffic booth would be installed, in order to ascertain whether or not it would be in the Village’s best interest to relocate the pipes should the project move forward. The superintendent reported that there was an existing sewer main there and that he had used a camera to televise the line in order to determine whether or not it should be replaced prior to installation of the booth. “We found the pipe in just as good shape as the day it was put in,” he stated. “It doesn’t have to be replaced.”
Trustee Coen wondered what would be entailed should the situation change and the pipe became an issue down the line.
Superintendent Voss indicated that the pipe could be relined as an alternative to digging it up. Ultimately, the line runs to the Town plant and is owned by the Town, so the Village would not be responsible for repairs.
Buildings & Capital-
Click here to read the construction report for the month of May.
Mayor McFadden inquired as to whether or not there had been any discussion with the Tuxedo Club with regard to replanting the hedge along the shoreline of the Lake by the Main Club House. Building Inspector Ledwith indicated that this issue had been raised with the Club on several occasions. Three years ago, the Club advised the Village that they would be presenting a Master Landscaping Plan for approval, although nothing has been presented to date. The Mayor asked Mr. Ledwith to contact the Club and raise issue, further commenting that there were excessive goose droppings on the sloping lawn and they were being washed directly into the drinking water. He further suggested that the Village should investigate whether or not they might comply with the necessary regulations that would allow them to obtain a culling permit from the DEC for the geese.
Resolution- Appoint Part Time Police Officers:
The Board voted unanimously in favor of appointing 3 part-time police officers, effective June 24, subject to an interview with the Mayor or a Trustee.
Trustee Reports: Financial Report - Trustee Barnett presented a 2018-2019 General Fund Budget Update.
Click here to view.
In summation, the Village came in roughly $250,000 under budget and this money will go into the surplus fund. Garbage Pick-up – Trustee Barnett reported that he and Trustee Gluck had visited Sterling Carting to learn more about the recycling and garbage programs. Ultimately, what they learned is that the value of recycled plastic is decreasing and as a result, recyclers everywhere are less and less willing to take it. This is quickly becoming a big problem, with much of New York’s material ending up in dumps and landfills upstate. The only material of value is clean paper (which is essentially newspaper only) and cardboard. What we do here in the Village for recycling is more symbolic than anything else. In examining the contract and looking at possible ways to reduce expenses, the Village could choose to recycle different materials each week (i.e. bottles and cans one week and paper and cardboard the next) but this would result in a minimal savings. As for the garbage pick-up, the only real way to significantly reduce those costs would be for the Village to revert to curbside pick-up. It was universally agreed that the majority of residents would likely not be in favor this change. Following some further discussion, the Board agreed to authorize their attorney to draft BID documents for the garbage contract. The Search for a New Police Chief – Mayor McFadden reported that a search committee had been formed with the goal of developing a short list of candidates (2 or 3) to present to the Board of Trustees. The committee is comprised of resident Chris Casker, Trustee Coen, the Mayor and the Village Attorney, Brian Nugent. They have completed a job description, which is essentially a copy from the Orange County Civil Service Department, which is what has been recommended for Class Title Police Chief A. They have also requested the Chiefs List from Orange County Civil Service. This list identifies which Chiefs are available for work and further ranks them by the score they received on their Chief’s Exam. The Village is required to interview the top 3 or anyone equivalent to the top 3. They will begin this process shortly. To supplement the job description, the search committee is now developing a one-page plan, which adds the color of what they are looking for in terms of community reach-out and job responsibilities as well as more clearly describing the Village and the community. They are hopeful that interviews will take place within the next 2-3 weeks with an offer to be made within a month after that process has concluded. If anyone in the community has strong feelings and would like to contribute to the one-page summary, they should feel free to submit them to either the Mayor or Trustee Coen. They have already formally solicited feedback from both TPS and The Club.
Truste Coen has completed a rough cost analysis of hiring additional full-time officers and reducing the number of part-time officers vs keeping things as they are.
Commenting that the analysis was “back of the envelope” and had not been vetted, Trustee Coen indicated that adding a full-time officer and thus maintaining 4 full-time officers and a part-time Chief, appeared to be more economically prudent than maintaining the status quo, which is 3 full-time officers and a full-time Chief. This is dependent on a number of factors, such as the salary of the incoming Chief. Bottom line, based on a very rough analysis, adding a fourth full-time officer, and assuming that the full-time officers will work weekends (which they are not obligated to do currently and would need to be negotiated) could save the Village as much as 30 to 40,000 annually.
Mayor McFadden asked Chief Melchiorre weather he would recommend keeping things the way they are or hiring the additional full-time officer. The Chief responded that in his view, hiring the full-time officer with weekend coverage was “the way to go.”
Trustee Gluck suggested that they should take some time to delve further into the numbers, noting that they had looked at this in connection with the budget process and came to a different conclusion on the economics.
It was agreed that this should be done. The Booth – The Board had a lengthy discussion concerning the booth.
Click here to listen to it.
Village Attorney Litigation Report:
Village Attorney Brian Nugent reported that the only matter currently pending was Madden vs The Village, which is an article 78 challenge about FOIL documents that were not formatted in a way that the petitioner found to be acceptable. The Orange County Supreme Court ruled in the Village’s favor back in 2018 and Mr. Madden appealed to the Appellate Division. Briefs have been submitted and they are awaiting a determination. To date, billing on this totals $18,000.
The only other matter is a civil matter, which is a false arrest claim arising out of a police incident.
Committee Reports: Lakes Committee- On behalf of the Lakes Committee, Chair Jim Hays read the report into the record. Clickhere to view a copy. Included in the report was a list of possible tasks/projects that the Lakes Committee could explore at the direction of the BOT. Noting that they were making no commitment to pursue any of the projects, Mr. Hays read the list into the record, formally requesting Board feedback. The list of projects can be viewed here.
Finally, Mr. Hays touched on the preliminary feedback that has been received from the Lake Managers, N.E.A.R.. An informal copy ofthe commitee's thoughts can viewed here.
The report notes that there is a “sparse” distribution of milfoil in the Wee Wah while at the same time an increase in the spread of coontail (a native aquatic plant)
The Mayor wondered whether or not this meant that swimming could be permitted.
Following a brief discussion, during which it was determined that there was no milfoil in the area of the Wee Wah Beach Club, the Board voted unanimously in favor of allowing swimming at the Beach Club conditional upon compliance with the Club’s Leasing Agreement.
There followed some discussion with regard to Pond #3. Although NEAR does not condemn the use of herbicides there, the committee does not favor that approach and cautioned that they should only be used in the lake system as a last resort. “Why use what is bound to be a controversial treatment when an alternative is available?” they question.
Mayor McFadden suggested that the Village bring DASH in immediately to begin an aggressive pulling effort there, noting that the milfoil had quickly rebounded in that lake following chemical treatment last fall and that along the south shoreline it was worse than it had been before.
Trustee Gluck commented that NEAR had also provided mapping which indicated areas where they felt hand pulling should occur and that they had further been discussing the work with a couple of different vendors. He suggested that as the plans developed, they would price check with another vendor before coming back to the Board with a price and a recommendation to move forward. There is some doubt as to how soon the pulling can begin as this is the busy season and contracting divers will not be easy.
Hand Pulling has also been recommended for areas of dense milfoil in Tuxedo Lake.
The Mayor suggested that if the Board was in favor, they should initiate an aggressive DASH pulling program as quickly as possible. There was a relatively brief discussion with regard to funding, after which it was determined that similar to the situation in Pond 3, NEAR would discuss the scope of work with a couple of vendors as plans developed and that a recommendation would be made to the Board as soon as possible. A special meeting can be scheduled to authorize the work. Report by Town Board Member or Trustee Liaison:
Town Board member Michele Lindsay began her update by speaking to an email exchange, which had occurred earlier in the day pertaining to Route 17. Mrs. Lindsay has been in touch with Senator Carlucci ‘s office, who has in turn been in touch with both the Sewer authority in Rockland and the Contractor Metra. These two entities have been working with Metra’s bonding company to determine what would happen to the bonding that was put in place should Metra walk away the project. Now it appears that there is a chance that the DOT might get involved, however Mrs. Lindsay is not certain that they are qualified to do the work that Metra was contracted to do. The project has been shut down since the fall of 2018 when Metra had a blasting accident on site. At a minimum the DOT is expected to smooth out the surface of the road. What will happen in terms of hiring a new contractor to complete the project remains to be seen.
Trustee Gluck inquired as to what had become of the Road Diet project that had been proposed for Sloatsburg and he was informed that it had been modified and that while work would still take place it would not be as extensive as what had been publicized a while back.
Next, Mrs. Lindsay spoke about the upcoming referendum on the Town/Village consolidation, which will be taking place on July 16. The referendum will contain two questions. The first will address whether or not the people want to form a Village and the second will ask whether they want to consolidate immediately. Village residents will only be invited to vote on one of these questions. A mailing will be sent to all residents from the Town providing more details.
Mrs. Lindsay and Trustee Coen have also been working together on a CFA consolidation grant to see if there is anything they might be able to come up with for the Town and the Village.
With regard to the Economic Development Workshops, Mrs. Lindsay reported that committees had been formed and a marketing plan was being put together to market all the available properties for corporate purposes. They are also working on updating the pre-existing development plan from 2003. Additionally they are reaching out to local landlords to see if anything can be done to get them to take a more proactive approach to leasing out available space. They also continue to work on developing ecotourism.
Mayor McFadden inquired as to when Steve’s would be opening.
Mrs. Lindsay responded that they were still hoping for a July opening, although they had encountered some issues with hooking up septic tank, as there is currently a sewer moratorium in place. The work is essentially complete they just need septic hook up and Board of Health approvals. They are working with the County to get these things in place as quickly as possible.
Next, Mayor McFadden inquired about the IGA, noting that there seemed to have been a bevy of activity there recently.
Mrs. Lindsay responded that Mr. Bruno had been putting in new landscaping both at the IGA and on his other property, which is just south of Steve’s along Route 17. At this point in time, there is still no tenant for the IGA, but the hope is the new landscaping/beautification efforts will help to attract one. The Mayor wondered what type of tenant Mr. Bruno was looking to attract.
Mrs. Lindsay responded that ideally he would like a restaurant but currently she believes the plan is to open it as an antique shop…just to have something open there. With an antique shop, parking will not be an issue. Should a restaurant go in, the parking issue will have to be revisited. Public Comments:
Lili Neuhauser thanked Mrs. Lindsay for her efforts with regard to the issues on Route 17, commenting that the whole thing was a complete mess and that it was shocking that nobody had been killed there. Old Business: Data Logger- The Board has been discussing possibly moving forward with a data logger system in order to better chart water loss in the Village. The loss of potable water is an issue the village has long struggled with, and to date roughly 51% of the water is lost on an annual basis. John Ledwith advised the Board that going with a partial system as previously discussed (to include 12 censors) would not in his view get the job done as they would have to constantly move the censors around. Rather, he is recommending that they move forward with a system of 82 monitors, which would allow them to take a look at the entire system at one time on a daily and/or monthly basis and really pinpoint where the leaks are occurring. It will also help to pinpoint new leaks as they occur. The Village has had some success over the last several years using various different methods of detecting water loss. They have invested quite a bit of money, but they have never been able to effectively catch up. In the last year alone, they have invested $90,000 in chemicals and electricity at the water plant. The proposed system will cost $182,000 and could ultimately save the Water Department $22,000 a year.
There followed a somewhat lengthy discussion wit regard to the finances and the various other possibilities.
Trustee Barnett stated that he felt that this was an issue that the Village had been struggling with for 20 years and that in his view if they were going to invest in it, they should do it right and go with the full system.
Trustees Coen and Gluck expressed concern over the substantial cost of the system combined with associated costs that would surely present themselves moving forward.
Ultimately, it was determined that they would table the vote and discuss it further. Front Entrance – The Board voted unanimously in favor of replacing the intercom at the front gate, complete with wiring and new hardware for a cost of $2,247. They also voted in favor of replacing the mechanical gate arm system for a cost of $4,400.
New Business: Resolution – Appoint BAR Chair – The Board voted unanimously in favor of appointing Sheila Tralins as Chair of the BAR for a period of 1-year. Resolution – CHA EWA & Invoice – The Board voted unanimously in favor of approving invoices in the amount of $8,100 for services through June 6, 2019 and $13,000, which is the estimate moving forward for services through July 12. The project remains within contingency. Resolution – Bond Resolution – The Village is in receipt of a $132,000 grant with respect to the I & I project phase 3, sub-basins 2 & 10. In order to apply for short term financing at reasonable rates, the Village must have a bond resolution in place. Ultimately, The Board voted unanimously in favor of authorizing the issuance of up to $600,000 in serial bonds for undertaking certain improvements for portions of the Village sewer system with an estimated maximum cost of $732,937.5 and adopting the resolution as prepared by bond counsel. There followed some discussion with regard to ratifying a second resolution that was made back in September, but it was determined that this would be tabled. Resolution – Ratify Resolution of May 20,2019 – The Board voted unanimously in favor of ratifying a resolution to appoint the position of Building and Land Use Officer to John Ledwith to reflect that the appointment had been made by the Mayor and approved by the Board.
Special Village Board Of Trustees Meeting May 28, 2019
The Village Board of Trustees met at 8am on May 28. All Board members were present.
The first item discussed was the Wee Wah Fishing Club lease which expires on May 31. It was suggested by Trustee McHugh that while the Village awaits results from North Eastern Aquatic Research (N.E.A.R.) they should renew the lease on a month-by-month basis. The Village Attorney has prepared a draft agreement reflecting this proposed change. Trustee Gluck suggested that they amend the agreement to reflect a single payment rather than prorating their license payment over the course of several months. It was proposed that the Board authorize Trustees Gluck & McHugh to modify the proposed agreement to reflect the discussed changes prior to the Mayor signing it.
Trustee Barnett inquired as to whether or not members of the fishing club were permitted to fish on Tuxedo Lake.
The answer was no.
There followed a brief discussion regarding the required credentials of those who are permitted to fish Tuxedo Lake. Mayor McFadden noted that the police have recently caught a number of people poaching fish from the Wee Wah. Two individuals in particular had more than 30 bass in a take-away bag, which is not permitted. (There is a limit to the number of fish individuals can remove from the lake. Beyond that, catch and release is employed.) These individuals will be appearing in Village court in a couple of weeks. Trustee McHugh noted that the fishing club annually put between $5-8,000 worth of fish into the Wee Wah. They do this in conjunction with the DEC. All of the data has been provided to N.E.A.R. in an effort to help them get a better understanding of what kinds of fish are living in that lake. The relationship between the Village and the club has been a very “collegial and cooperative” one.
The Mayor wondered when the Village might see some results from N.E.A.R..
Ultimately, there is no definite timeline, although they are hopeful to see results of the aquatic plant study in roughly 2 weeks with chemistry results projected to take longer at 4-6 weeks.
Following some further discussion regarding the proposed payment schedule, it was unanimously agreed that Trustees Gluck and McHugh would have the authority to make necessary changes prior to the Mayor signing off, as previously proposed.
Next, the Board moved on to the proposed draft survey concerning the various options for the Front Gate. Trustee Coen had prepared a rough draft/outline of the survey and this was reviewed and discussed.
As proposed, it is a one-question survey, but it is quite lengthy as it fully outlines the reason why the Trustees are surveying the public while striving to provide as much information about each potential option as reasonably possible. There are 4 suggested options:
Keep current set-up/make no changes aside from some cleanup/beautification efforts.
Center Island Manned Booth as proposed by The Mayor
Upgrade the current intercom system to kiosk to include a 2-way audiovisual element so that drivers and Police Officers can see each other while speaking and possible print option for directions, maps, etc.
Recessed Manned Booth designed to be in keeping with architectural standards of Tuxedo Park with Resident and non-Resident lanes
Before addressing the various options themselves, the Board had a lengthy discussion as to how the survey should be disseminated and whether or not it should be anonymous. Various methods of ensuring that each person could only take the survey once were also discussed. Mayor McFadden expressed his concern that the wording on the survey as it pertains to each of the options would be contentious and that he feared it was going to be a challenge for them to create something that would be 100% neutral. He suggested they do away with the survey altogether and instead conduct only a public Q & A session. Ultimately the majority of the Board felt that both should occur. Following further discussion, it was agreed that the survey would be distributed electronically via Survey Monkey and that residents would have the option to include their name, but it would not be required. People will be directed to the survey via email, the Village website and a sign to be posted at the Front Gate.
Next, the Trustees briefly discussed the Town Hall Style meeting, to take place prior to distribution of the survey. The Mayor wanted to know what the agenda for this meeting would be. Trustee Coen suggested that the agenda would consist of laying out each of the options for the public. She further commented that her goal was not to push any particular option or agenda. Rather the goal was for the Board to gain insight into what the residents actually want. She added that she has no predisposed notions as to which option makes the most sense or which options the residents want. She is striving to collect this information.
Discussion then turned to the individual options.
The survey has been designed to lay out each of the options in terms of design, location, duration of project, estimated costs and noted features.
Mayor McFadden noted that in the description of option 4, (recessed booth with service entrance) Trustee Coen had indicated that the $100,000, which had been raised privately for option 2, would be applied to the cost of the project. This is not the case.
Trustee Coen responded that she had only indicated a potential to apply those funds to the project, and the Mayor informed her that there was in fact no potential for that. He went on to suggest that because there was no definitive pricing attached to options 3 and 4, the questions were hypothetical in nature. He is not comfortable with putting out guesses in lieu of actual figures.
Trustee Barnett commented that he understood this concern. Speaking to option 4, he noted that the expenses related to this project would likely be north of $500,000 due to the nature of what was being proposed. He suggested that they might somehow convey in the survey that the actual cost was TBD, but estimated to be $500,000 or greater.
Mayor McFadden expressed concern that as presented residents might vote for option 4 because they like the idea of it, without realizing that in actuality it has never been priced and that the Village does not have an architect. He went on to say that he was planning to make a public statement as to why he felt the survey was apples and oranges. The Village has no way of truly estimating the costs of these other proposed projects without going through the entire process, which he has done with his proposal. He plans to vote no on the survey as written. He has no issue with the idea of a survey, however he would not agree to include “fantasy booths that don’t exist” that have no price or time from attached to what is being proposed.
Trustee Gluck noted that he understood this point as there was a level of preciseness included in option 2, which the other options clearly lack. At the same time he feels that what the survey is suggesting to the public is that there is potential for an alternative to what has been proposed….and they don’t know how much that will cost, but it will cost a lot….and they are not sure if it is feasible but it might be. So the question becomes whether or not the residents want to go with something like option 2, which is shovel ready, or do they want to defer and explore the alternatives further.
The Mayor responded that he felt a more feasible survey would only include the first 3 options. To include a high-end booth alternative that is going to cost somewhere between $500,000 and 1 million and would not be done for several years is a waste of everyone’s time in his opinion. Realistically speaking, he does not believe the Board would ever approve the high-end booth project and therefore if included on the survey, it becomes a “straw man” and serves only to pull votes from the other options.
Each option was then reviewed in some detail.
Option 2 (Center Island Manned Booth )is a shovel ready project for which all of the details have been vetted and organized into both electronic files as well as a project binder, available for residents to view at the Village Office.
Noting that there was limited to no information on Option 3 (Upgrade the current intercom system to kiosk with interactive technology screen) Trustee Coen asked Trustee McHugh if he might provide some details. Trustee McHugh explained that this would be a two-way audio/video system. “You pull up to the gate and there would be some form of a computer screen, but you would be able to see the Officer in the booth and visa versa, so there would be an interface with that. This was looked at two years ago….having it so that if somebody wanted directions the Officer could input it and the computer would provide a piece of paper with a road map and directions.” When originally proposed, this option was meant serve as some form of audio visual interface in order to address one of the bigger issues that residents were expressing, which was that they could not see the Officers or did not know who the Officers were. “It was trying to make a cheap, enhanced solution to that problem in order to create a more personalized, albeit distant service.”
There followed a brief discussion as to how directions/maps are currently distributed to motorists, which is via a drawer in the doorway to the Keep.
Turning back to option 3, it was suggested that the original estimate (2 years ago) for the upgraded system as described was roughly $50,000. It was further suggested that Trustee McHugh would work with John Ledwith to get the information necessary to provide some granularity on more current costs.
Trustee Gluck suggested that this was not going to happen.
“It is in the same genre as the future grand design booth. I think it will take a fair amount of work to figure out if something like this is actually ready and obtainable and the quality of it today. In my mind, the notion is the same. Would you rather have this (shovel ready project) or would you rather have something else, undefined technology solution…may or may not be there today in a workable format. “
Trustee Coen suggested that it would be better to have a more formed option for residents to consider.
Trustee Gluck agreed that it would be but he expressed his doubts as to whether or not this could be achieved in a reasonable time frame.
Trustee Coen pointed out that the idea had been investigated two years prior, which suggested to her that somewhere there were specifications.
“No, no, no,” replied Trustee McHugh. “We had a conceptual discussion about feasibility.”
Trustee Coen commented that she favored giving residents options, but felt that some key information such as estimated costs and time frames needed to be included.
Ultimately it was determined that a rough estimate could be obtained building off of the information they had collected in 2017 and that there was also information regarding what the system might look like that could be provided via a link. Trustee McHugh will work with John Ledwith to pull this information together.
Option 4 is a Recessed Manned Booth designed to be in keeping with the architectural standards of Tuxedo Park, with Resident and non-Resident lanes.
Trustee McHugh suggested that if this is the solution residents opt for, the Village would have to go back to the architect who originally put forth the designs in 2016 and ask for permission to use the designs as well as a rough cost estimate based on other work they have done within the Park. “They have done a lot of work in the Park, so that would be better than nothing and would be an educated guess that should provide some degree of comfort that order of magnitude is about right.”
Mayor McFadden pointed out that although this firm had done a lot of residential work in the Park, the proposed project, because it is Municipal, would have a prevailing wage component to it, which is very expensive.
Trustee McHugh suggested that they could back out labor and use prevailing wage labor rates.
“Having the architect do the estimate is risky,” responded Mayor McFadden. “There are many occasions where the estimate goes way over and the architect might have an interest in getting the project. We can certainly do that…it’s better than nothing, but I caution you that we would have to get permission from the architect to submit that drawing as an option and then we would have to decide what we would be willing to do in exchange for that. Would they want compensation or a guarantee on the job?”
The Board asked their attorney to what degree they would need to get permission to present the drawings to the public.
Mr. Nugent advised that the drawings were already part of the public record, having been previously presented. However, if the Village were to put them out again there they would need to properly give credit to the architect for them. He further advised that the best way to avoid conflict would be to contact the architect before hand and ask permission.
The Trustees were in agreement that this would be the best way to proceed.
Trustee Barnett suggested that options 1-3 were viable in his opinion and that if the public should indicate that any of these were the direction they would like to see taken, that the Board would likely approve whichever one had the most support. That being said in terms of option 4 he wondered, “would we even remotely approve the building of this recessed booth?”
“Potentially,” responded Trustee Coen. “If 90% of the voters came back and said that they wanted to have this elaborate thing, I think that it would be our obligation to consider how to do it. It wouldn’t be something we could do this year. We might want to reserve for it and get it done in three years. I think we need to put the caveat there that this is a very expensive option.” She further noted that in the lead-in for the survey it was noted that both the viability and feasibility for this project could take several years. She then reiterated that putting the options out there was not a guarantee that the Village intended to move forward with any of them. “If 90% of the people say yes, we want this option and we understand that it is going to take 3 years to get it, I think we have to consider that. This is not the option I am promoting, but I want to understand what people want. I am not promoting any of these options.”
“Then why not leave this for the Town Hall,” suggested Mayor McFadden. “Let the people tell us which option they want. Why are we saying that it could be this one?”
“Options mean that we give people choices,” replied Trustee Coen. “This is one that has come up a lot. This option could be feasible as long as we explain to everybody that it could take several years and it’s very expensive.”
“and it would probably require consent of Diosese of New York,” added Trustee Barnett. “because it is going through St. Mary’s lawn.”
Trustee McHugh responded that he did not necessarily agree with this.
“I think if this survey said that the Board of Trustees has looked at this and there were three viable options…do nothing, do the booth or do the intercom….what do you think….and we have a Town Meeting and somebody says I want to talk about the luxury booth…it’s not a viable option that the Board has considered!”
Trustees Coen and McHugh disagreed. Trustee Coen reiterated that if the consensus of the people was that they wanted that option and were willing to wait for it, that it would become more viable.
Trustee Barnett disagreed, suggesting that it would likely cost 1 million dollars.
“Let’s not throw out numbers when we don’t know what the numbers are,” cautioned Trustee McHugh. “All we can say is that it’s more expensive than one of the other options. That’s all we can say.”
Trustee Gluck suggested that really what they were doing was saying to the public that they had one design that was shovel ready as well as a few ideas that have not been fully fleshed out. The survey will be used to ascertain whether or not the people want to move forward with the shovel ready project or if they would prefer the Village to further explore the other options.
“I am on the record…it’s very clear,” stated the Mayor. “I don’t want to put anything other than perhaps the Kiosk because I think that is more reasonably estimated than option 4. I am not for putting out anything that is misleading. That is a strawman. That doesn’t have a price, etc., because it is inconsistent with what I have done in the past. I am on record on a number of occasions saying that we shouldn’t tell the public something that we don’t have a price for.”
Trustee Coen pointed out that the last survey had included no cost information at all. “I took it. I remember. I remember people talking about it. “
“I was not responsible for that survey,” responded the Mayor.
The discussion about whether or not to include choice 4 on the survey continued for some time.
Ultimately it was agreed that Trustees Barnett and Coen would work to flesh out option 4 as much as possible.
There followed a discussion between the Board and Brian Nugent with regard to the procurement policy. Following this, the Board agreed to set the Town Hall style Q & A session for Saturday, June 29 at 9:30am.
Mayor McFadden cautioned that with option 2 (Center Island Manned Booth) the more time that went by there were some issues that needed to be considered. Donors may ask for their money back. The quotes that were collected are only valid for a certain amount of time. Most importantly, the welder could take on other work and become unavailable and it is unlikely that they would be able to find another, similar option. He believes they should move forward quicker and present this real, shovel ready option to the public as soon as possible. “Putting in all these other types of projects is just delaying it, when we know that option 4 is not feasible.” He went on to reiterate that options 1-3 were feasible in his view but that option 4 was not feasible in his view. He further suggested that the delay in moving forward was because of this “strawman option.”
Trustees Gluck and Coen disagreed, commented that they did not believe that option was adding to the timeline of the public process.
Next there was a discussion about taking the shovel ready project through the BAR process. Mayor McFadden appeared before the BAR with the project on May 21, but the appearance was not noticed on the agenda. Trustee Gluck expressed the view that noticing the community so that they could ask questions about the project and learn about it from a BAR prospective should have been a part of that process.
Mayor McFadden replied that the BAR had deferred to their original review, which is included in the proposal. Both the attorney to the BAR and the Chairwoman informed the Mayor that even if he wanted to bring the project before them formally, he would not be able to do so because the BAR cannot provide a formal review on a Village project.
Trustee McHugh, who was in attendance at the BAR meeting, stated that he believed what had been conveyed was that the BAR had no right to vote on or authorize the project, but they were able to provide input/constructive criticism.
The Mayor stated that he would be happy to bring the project back before the BAR if this what folks wanted, but he questioned the need to do this in addition to the Town Hall meeting, which would provide the public with an opportunity to ask questions. He does not even know if the public would be permitted to make comments on the project at a BAR meeting. “If we are going to weigh the productivity and deliverable, the Town Hall would probably be the best format for that,” he suggested. “But again, if you are not going to check off the box that it went to the BAR twice, then please do your research and let me know that I am not going to be wasting my time if I go back and I am happy to go.”
“Fair point,” responded Trustee Coen.
The Board then discussed the idea that the plans/drawings for the shovel ready project should be stamped by an architect or engineer.
The Mayor agreed that the engineer should stamp the design for the steel cage in order to ensure it’s integrity and this is already happening.
Trustee Gluck commented that as a Trustee he felt the need to have some sort of professional stamp on the project that says “yes, this works.” He does not know how this gets done, but feels it is important.
Mayor McFadden suggested that they bring in the engineer to give an informal presentation on the project.
Trustee Gluck further suggested that Jody Zero could look at it and the Mayor agreed. He went on to inform the Board that he had met with DPW Superintendent Jeff Voss and his construction personnel regarding associated responsibilities of the DPW. They reviewed putting in the slab based on the engineer’s design and the timeline for this and the supervision of that installation. Superintendent Voss informed the Mayor that there would be no overtime associated with the project and that they could fit it into the DPW schedule without affecting other projects. He knows Jody Zero well.
Trustee Coen wondered how many hours of work would be required from the DPW.
The Mayor responded that they had not determined a specific number of hours, only that the work could be done without accruing overtime or putting other projects at risk.
There followed a lengthy discussion as to the importance of having the official stamp of an engineer and/or an architect and how these would relate to this particular project and the method that has been proposed, which is essentially pre-modular construction off-site by vendors who supply parts and components that can be put together like a puzzle. It was agreed that the Board would amass a list of questions for the engineer, which could then become part of the record. This should provide for a body of evidence that gives everybody comfort that the engineer is buying into the process and has either thought about the issues or knows which issues need to be directly addressed.
Next there was a discussion on potential cost overruns with the shovel ready project and how these would be funded seeing as there is only a 5% contingency based on material costs only.
The Mayor noted that all of the prices for the materials, as listed in the specs for the project, are fixed. (cage, windows, bullet proofing etc.) Where he feels they might need contingency monies is in the fluctuation of some of the materials at the time, based on the cost of steel at the time of the project and things like this. Therefore, a small contingency has been added, although he does not anticipate any changes in these materials. This is not a regular construction project. These are various pre-paid, pre-fab components that will be shipped to a warehouse.
Trustee Barnett asked the question as to what would happen if there were unforeseen overruns and the project went over budget.
It was suggested that reserves could be used.
Trustee Coen suggested that they needed to acknowledge that any of the options, other than “make no changes” were going to cost the Village some money.
Trustee Gluck noted that there were different categories of money available: money that had been raised for the shovel ready project (option 2) which amounts to $100,000, insurance money, and restricted money that has been set aside from the original front gate donation (roughly $30,000). Additional taxpayer monies should not be needed in order to pay for option 2, should they decide to move ahead with it.
Finally, the Board briefly discussed the Chief’s concerns with the booth as voiced at the 5/15 Board meeting. It was agreed that when Trustees McHugh and Coen met with the Chief at their regular bi-monthly meeting they would attempt to get more granularity on these concerns and then report back, which would allow them to better determine whether these things are correctable or “red herrings.”
“We might agree to disagree but at least we have framed the issue and it gives us all some comfort as to where we are,” stated Trustee McHugh.
Moving on to a different topic altogether, the Board next discussed paving of the Village roadways. The DPW was planning to pave Clubhouse, Tuxedo Road on the West Side, Turtle Mountain - upper loop, a section of Lookout, and the East side of the Wee Wah. The Village has received an estimate of $350,000 for this work. Clubhouse Road is a bit misleading because it runs over the top of Tower hill all the way down to the Racetrack. They will be installing a traffic counter this week to gauge the amount of traffic going down the backside of Tower Hill. They may be able to patch this section of roadway and reallocate the funds elsewhere in the Park.
Mayor McFadden next stated that the Board would need to get together to discuss the proposed project from O & R and respond to some questions the utility company has. It was agreed that John Ledwidth would circulate the questions and they could in turn submit answers/comments, which would be collated and re-circulated to the entire Board. There is a lot involved with this project including planned outages, tree removals and new telephone poles and these things need to be brought before the public.
Next, Trustee Gluck noted that the Village would need to respond to the DEC with respect to the notice of violations. Westin and Sampson has been preparing a draft response. The Board voted unanimously in favor of authorizing Trustee Gluck and Trustee McHugh to review the response and send it back in subject to the Mayor’s signature.
Lastly, the Village Attorney has drafted a response to Macnamee Construction’s counsel. Trustee McHugh is unhappy with the sequencing and would like to rework it. It was agreed that this would be done and then the document would be circulated.
Special Village Board Of Trustees Meeting May 20, 2019
The Village Board of Trustees met on Monday, May 20 at 8am. The purpose of the meeting was to discuss the Traffic Booth Project. Mayor McFadden arrived late.
Trustee Coen began the meeting by commenting that she had sent an email to the Trustees the day prior in which she outlined both what she felt the purpose of their meeting was as well as her issues and concerns with the current booth proposal. She suggested that they highlight some of the main issues from her email for the record and then move on to discuss any other issues and/or concerns they might have with the current proposal. It was then unanimously agreed that Trustee Coen’s email should be read into the record, which it was. A copy of the email can be viewed here. Some of the concerns laid out within include:
Confirmation from the Village Attorney that the proposal is in compliance with both the State and the Village procurement policies
She feels the proposal must be formally taken through the BAR process
The Architectural plans must be stamped by an architect or engineer or other relevant verification
The Chief’s concerns with the booth must be addressed
The budget, particularly discussion regarding possible cost overruns and how these will be funded
The impact that moving ahead with the project will have on both the Village DPW and Building Inspector.
A short, possibly one question, survey be conducted that shows a strong (more than 50%) agreement with the booth plan.
She favors conducting a public Q & A for the community before the survey is distributed
Following the reading of the e-mail, Trustee Coen asked the other Trustees whether or not they were in agreement that if all of these items were addressed, the booth proposal could go forward.
Trustee Gluck indicated that he felt the process could go forward. He further indicated that a big part of “getting to yes” for him was the public participatory process in terms of getting the proposal out there, allowing it to mature in the community for a decent amount of time, getting the appropriate comments back and then making an informed decision.
Trustee Barnett commented that he felt Trustee Coen’s email laid out the concerns well and if they were addressed as put forth in that communication, he believed the project could move forward.
Trustee McHugh stated that his fundamental issue was the idea of replacing something that was flawed. Replacing like with like without addressing a myriad of issues would not make sense. There are police related issues, as previously expressed by the Chief. There are sewer lines that run directly under the foot print of the old booth. Putting a new foundation in without first relocating the sewer lines seems a “ridiculous concept” to him. “We don’t want to pour a slab, spent $14,000 on CHA and then all of a sudden find a leak! Let’s be proactive!” He believes that moving the infrastructure would lead to a long-term cost savings while what is being proposed (the installation of a new booth where the old sat) is more of a “band-aid” approach. He further stated that he was far more in favor of one of the architectural plans that was brought forward back in 2016, which involves recessing the booth back, making it larger and safer, including a bathroom facility within and creating both resident and non-resident lanes for entry. Having the officers constantly walking across traffic is a safety concern. Additionally, a larger facility could more easily host all of the necessary technology and equipment and there would not need to be any duplicity between the Booth and the Keep. He recognizes that the cost of what he is proposing would be much different than what is currently being proposed, but it is his feeling that if they are going to do it, they should do it once, rather than simply building the best thing they can based on the amount of money they have been able to raise.
Trustee Coen responded that she would love to have an improved booth and that she liked many of the things Trustee McHugh was proposing however, in her view the problem is that based on the Capital projects that the Village has coming down the line, it would be incredibly difficult to justify spending a substantial amount of money to do what he has proposed in the near term. Therefore, the Village would have to stay with they system they currently have in the near future, unless they choose to go with a different design and this would likely necessitate more money.
Trustee McHugh agreed with this. He added that the size of the booth would be incredibly important, noting that when they redesigned the Keep, finding chairs etc. that were large enough for the officers with all of their gear was a challenge. “Spending $100,000 and then having it stand as a testament to our stupidity if nobody can sit in it is a greater problem.”
Trustee Gluck noted that he had recently gone through all of the comments that came back with the 2016 survey and that out of roughly 160 comments, the one message that resonated with him was that if the Village was going to rebuild the booth, they needed to do it right as the structure would be both the face of and the gateway to the Village. He further commented that he was not suggesting that what has been proposed is indicative of not “doing it right” but unless they hear something back from the community indicating that this particular design is what they want and that constructing a “less than optimum” booth now would be better than funding a booth that’s worthy of the Village and the National Registry via bonding, that he leaned more towards the idea of doing it right.
Trustee McHugh suggested that this should have been the template from which to spring forward and the problem lies with the fact that it hasn’t been. “The Keep and St. Mary’s are signature buildings. What used to be there (the booth) historically was never there. It was built in the late 1970s and it had no architectural significance.”
“This is why I suggest that the project must go before the BAR,” responded Trustee Coen.
The procurement policy was then briefly discussed. It was agreed that, as per Trustee Coen’s email, the project must be in compliance with the procurement policy.
Next, the Board agreed that the project must go through the BAR process. The process for having the plans reviewed and signed-off on by both an architect and engineer was discussed.
Next, the Chief’s concerns regarding the booth were discussed. Trustee McHugh suggested that the concerns must be vetted, considered and then deemed either worthy or not. He believes there needs to be a forum for dealing with this. The Village has 4 full-time and 21 part-time officers. Uniforms and training for the part-time officers costs the Village just under $3,000 per officer. If the Chief’s concerns are correct, and the part-time officers choose to leave rather than work in a traffic booth, it could be a $60,000 liability for the Village. This is something he feels should not be taken lightly.
Trustee Barnett commented that he had two reactions to the Chief’s concerns. The first was that he felt that if the job entailed sitting in the booth, and that was the directive that the officers were given, then the Village should be able to expect that of them, although he recognizes the seriousness of the comment. He further commented that he did not believe the Village would contemplate going back to gate guards, but he wondered if that might be worth exploring.
Trustee McHugh responded that given the fact that the Village was still going through some issues 4 years after the decision to do away with the Gate Guards had been made he didn’t see how it could happen.
Ultimately it was agreed that the Chief’s concerns needed to be vetted and considered.
Moving on to the project budget, Trustee Coen commented that at the end of the day they would need to have the right contingency numbers. As proposed there is only $1,244 contingency and no indication of what building permits, etc. would cost.
Trustee McHugh agreed, adding the DPW manpower, to include overtime, needed to be factored in.
The process of vendor selection was discussed. It was determined that in order to avoid a similar situation to the once they are currently experiencing with the Wee Wah Dam, a clear process would need to be put in place.
The Board is in agreement that there should be a community Q & A prior to administering the survey.
Segueing into a discussion of the proposed survey, Trustee Barnett noted that in his opinion the proposal before them was a good one and could be labeled “good enough” as it would produce something that was more attractive than its predecessor and included various upgrades that would ultimately improve its efficiency. The question that needs to be posed to the residents is whether or not they want to proceed with a booth that is “good enough” or whether they want to wait an indefinite amount of time until the Village can afford to invest in a “really good” booth, more along the lines of what Trustee McHugh was suggesting earlier.
Trustee Coen stated that she felt the survey should include all of the facts including the costs of the design proposal and the cost to the taxpayers. Residents should be able to choose their preference from a list of options, and the first of those should be to leave things the way they currently are.
Trustee McHugh suggested that this option would need to be fleshed out a bit. The Village has consciously chosen not to replace the intercom system or the gate arm mechanism for the last 7 months because of the uncertainty regarding this project. This is something that has a direct bearing on people’s interface with the Police officers and likely creates some of the animosity. The first option should not be to keep things the same, rather it should be to enhance the entranceway by making these upgrades and eliminating the “god awful” slab. “Keep everything the way it is…so you are going to have a planter on top of a slab where the old booth used to be?” he inquired.
“People may want that,” responded Trustee Coen.
Trustee McHugh replied that if they were talking about enhancing the entrance to the Village, at a minimum they would need to do something with attractive curbing and installing some sort of raised profile/median to slow down traffic, which poses a danger to officers crossing the street.
Trustee Coen countered that this should be the second choice. The first choice would should be change nothing, the second should be improvements to what is currently there and the associated costs, the third choice it the current proposal and associated costs, fourth choice is an enhanced version of the booth and it’s projected costs and the fifth and final choice would be “other.”
Mayor McFadden arrived in the midst of this discussion.
Once seated Mayor McFadden thanked Trustee Coen for her email, indicating that when he had referred to “team play” at the previous meeting, what he had been talking about was coming to a meeting prepared by knowing what issues would be discussed and what the associated concerns were.
Reverting briefly back to the vendor selection process, the Mayor commented that he felt comparing the proposed booth project to the dam was like comparing apples and oranges. He noted that there had been a vetting process in place for the dam as they went through the bidding process with several contractors and then voted. They did not have the opportunity to select the individual vendors that the contractor used, with the exception of the stonemason. That being said, he does not have any issue with putting the proposed vendors through a review process.
Moving back to the survey, Trustee Coen commented that she would like to find out what the populous wants and that she would be willing to manage the survey process.
They Mayor replied that he had an issue with putting anything on the survey that had not been priced out.
Trustee Coen wondered which items had not been priced.
Mayor McFadden suggested that the Kiosk, previously proposed by Trustee McHugh did not have an associated value.
Trustee McHugh responded that he would work to get some pricing for this option.
Trustee Gluck commented that he felt that this would be premature at this point. Earlier in the discussion they agreed that they would initiate a public participatory process to be followed by a survey. He feels it would make more sense to listen to the comments and use them to help frame the survey.
Trustee Coen suggested that they should put together a draft based on the information they currently have and that this can be adjusted after the Q & A.
The four survey questions previously discussed were reviewed for the Mayor’s benefit. He objected to the enhanced version of the booth, commenting that this was a “pie in the sky” proposal due to the associated costs.
Again, this was discussed so that the Mayor was brought up to speed, with the Trustees making many of the same points as in the earlier conversation.
Trustee Barentt wondered whether they were going to be willing to honor the survey regardless of the result. “I have an intrinsic reluctance to do a survey that is binding on us.”
“We as Trustees have to be fiscally responsible. We are fiduciaries of the Village,” replied Trustee Coen. “If the population wanted us to put a public swimming pool in here, we couldn’t afford it. But, we are only five people. The residents may want something different and we should hear what they want to say. We haven’t heard from them since 2016.”
“That’s not true,” countered the Mayor. “We heard from a group of them when they donated money and that was recently.”
“I think that we ought to have the four categories with a price range. I think that the fourth option of having an enhanced, Grade A booth is going to be at least half a million.”
“I don’t think it is responsible to ask the public if they want a $500,000 project and then they say yes, and then we say no,” suggested Mayor McFadden, “because if they say yes they want it, do we think it’s the best way to spend $500,000 or do we want to spend it on I &I. Why lead them on? It’s almost an invitation for trouble.”
“How about if we got a grant?” replied Trustee Coen. “There is money out there.”
Trustee McHugh burst out laughing, suggesting that the likelihood for success in obtaining such a grant would be rather small.
Mayor McFadden then made the following points, relevant to discussion that occurred prior to his arrival:
Addressing the Chief’s concerns, he does not feel that Chief Melchiore is familiar with the dimensions of the proposed booth. It is much bigger than the old one and is ADA compliant.
With regard to an Architect’s stamp, the real “meat & potatoes” of the project is the steel cage, the bulletproofing and installation. Having an engineer’s stamp is more important than that of an architect.
In terms of the amount of time that the Building Inspector would have to put in, the Mayor suggested that the amount of time that he has already put in helping to put together the plan is actually more than the supervision phase would require.
These points were briefly discussed.
It was agreed that Trustee Coen would work to put together a draft survey, which she would circulate to the Board for review. Another meeting will then be scheduled to discuss any issues and things will be moved forward from there.
“Can you give me a timeline,” requested Mayor McFadden “because people are asking me about having their money returned. If we wait too long, we won’t have that money anymore”
Trustee Coen suggested that she could turn it around within 24 hours. Following this comment, she had to leave the meeting.
On the issue of overall timing for the project, Trustee Gluck suggested that the Q&A, Survey and BAR review could likely all take place inside of a month.
The Mayor suggested that the BAR might be able to bump the project to the top of the list.
“If people want their money back, give them their money back,” suggested Trustee McHugh. “If we come up with that your design is the preferred design after getting input, they can elect to put their money back in if they want to and if not, that’s their prerogative. It’s their money. I guess I don’t like to be beholden to having a gun to my head with regard to the money. My view is return it and then we’ll give them whatever iteration is the finished project. If they like it , they can buy into it.”
The Mayor suggested that they go out to each of the benefactors and ask them if they would be willing to wait a month or until the survey was sent out.
It was agreed that this is what would be done.
Following some further discussion regarding project timeline, it was agreed that the Board would hold another special meeting on Tuesday, May 28 at 8am to discuss the draft survey.
The Village Board of Trustees met on Wednesday, May 15 at 7pm. All members were present.
Mayor’s Comments and Booth Presentation:
Mayor McFadden began the meeting by announcing that the window to submit nominating petitions for the 2019 Village Elections has closed. There are three open seats, that of the Mayor and Trustees McHugh and Gluck. These three gentlemen are all running unopposed for their seats. The Mayor noted that he was humbled, further commenting “as you know our Board in conjunction with the Village employees, planning Board, BAR, BZA and Village Court remain focused on our responsibilities and we will not waiver during the next two years.” He went on to note that although they were running unopposed, it was still important for residents to vote. More information about the election will be forthcoming.
Next, the Mayor outlined a proposal he has put together for replacing the Traffic Booth at the Front Gate. He has created a binder, which contains all of the detailed information. This information is available to all residents at the Village office and can be obtained without FOIL. Additionally, it is available for download and review via the village website. (Clickhereto review the presentation. The proposed design can be viewed here ) A cover letter and executive summary were also read into the record. Roughly $100,000 has been raised for the project privately, which would reduce the overall cost to taxpayers significantly, bringing the expected cost to the Village down to about $30,000. The booth would be constructed off site between the months of June and August, with hopes of installation in September. Because of the off-site construction, the impact on traffic would be minimal. Next the Mayor would like to poll the residents, in order to accurately determine their position on the booth before moving forward with the project.
The Mayor is in receipt of an email from Town Supervisor Mike Rost with regard to the possibility of using chemicals to treat the Eurasian Water Milfoil in Tuxedo Lake. Both the email and Mayor McFadden’s response to it were read into the record as follows: Original Email: Good afternoon Mayor McFadden, I am receiving inquiries from the Hamlet residents regarding the chemicals that will be used in the lake to kill the invasive plants. Could you share what chemical will be used with our engineer so I can put my residents at ease? Thanks, Mike Rost. Respose: Sure. At this time we have made no determination on using chemicals in any Village lake. We have several options that will be presented to us by our outside Lake Management professionals that include divers to pull the Milfoil. I will make sure you receive notice when the lake managers are scheduled to make their presentation to the Board. In addition, the hamlet residents and input from your engineer will receive the same consideration as our own.
The Mayor went on to note that he had conducted an informal survey of 27 residents who live on Tuxedo Lake to determine their views on the possibility of chemical treatments. A copy of the letter he sent to these residents was entered into the record. There were a total of 18 responses, with 13 residents indicating they would be in favor of using chemicals, 1 resident indicating that they would not be in favor of it and 4 who were undecided. Departmental Reports: DPW – DPW Superintendent Jeff Voss reported that they had experienced a slight emergency at the water plant with one of the pump motors, which is not functioning. It is recommended that the Village move to repair the motor immediately and a resolution was made and unanimously adopted authorizing this repair at a cost not to exceed $4,458.
Repairs to the second Ridge Road water storage tank have been completed and the tank is now back in service.
The Department has finished road sweeping and will next progress to patching. They have also completed some catch basin repair work. Their next big drainage project will be at the corner of the triangle at the intersection of Ridge and Pine Hill Roads. They will be installing drainage pipe to get rid of a deep gutter while also putting in a larger catch basis in order to eliminate the big gully there.
The cost of paving has increased by roughly $4 a ton. The Superintendent has a meeting scheduled for next week with the paving contractor who won the County bid and will show him several Village roads and obtain cost estimates for each. Then they will decide which ones they can tackle with the funding they have set aside. Lookout Road, Turtle Mountain Road, Tower Hill Loop, Summit Road, Wee Wah Road on the East side, West Lake Road from the Tuxedo Club to Turtle Mountain Road and Club House Road have all been identified as roads that need work. It is likely that a “mill and fill” will be done on Club House Road as opposed to a repave so as not to undermine the work that has been completed by several of the homeowners on that street to alleviate drainage issues there.
Finally, tree removal with O & R continues throughout the Village. Police – Chief Melchiore reported the following for the month of April:
Criminal Complaints – 5
Non- Criminal Complaints – 356
Property Damage Complaints – 1
Arrests – 3
Traffic Tickets – 34
Traffic Warnings – 7
Intrusion Alarms – 2
Medical Calls – 1
Fire Alarms – 3
Assists given to outside Police Agencies – 2
Assists received from outside Police Agencies – 2
Miles Patrolled – 2,560
Additionally, roughly 1,600 vehicles entered the Village via the Front Gate per day.
License plate readers have been installed at both gates and are in operation.
Trustee Coen inquired as to whether or not any firearms had been used over the course of the month. The answer was no.
She then inquired as to how many DWI arrests there had been, siting a rumor she had heard about 9 such instances. The answer was 2. Building – Clickhere to view the Building & Capital Report.
There was a fair amount of discussion over a small oil spill that took place at the Hennessy property on West Lake Rd. and the subsequent clean up effort.
Trustee Reports: Trustee Barnett reported that he and Trustee Gluck would be talking to Sterling Carting within the next week to discuss the current contract here in the Village and investigate the possibility of reducing costs. They will also be taking a look at the efficacy of the recycling program. Trustee Coen reported that she and Trustee McHugh had begun their bi-monthly meetings with the Police Chief. These are informal meetings designed to keep the Trustees informed on an every-other-week basis. One of the goals of the meetings is to assist the Village in dispelling inaccurate information that may be circulating amongst the public. Anyone who has any issues or hears any rumors related to the Police are encouraged to report these to either Trustee Coen or Trustee McHugh and they will in turn bring them up at the meetings. The issue of overgrowth on some of the Village Roadways was discussed with the Chief, particularly as it pertains to making it difficult for pedestrians and motorists to see some of the road signs. Additionally, there have been instances where motorists have reported having to cross over the double yellow lines in order to avoid having their cars scratched by overgrowth on the side of the road. The Chief has agreed to address these issues. Trustee McHugh added that the DPW was going to begin doing a more thorough job of cleanup along the Causeway, particularly on the non-lake side, to make sure that the overgrowth was minimized there. There is also a huge gully running along the base of the stonewall there, and they are going to attempt to back fill some of it in order to increase the total volume of road surface. Next, Trustee Coen reported that the Village’s liability Insurance would be expiring on May 31. If the Village remains with the same carrier there will be an $8,000 increase primarily due to pending claims as well as the increase in the Village budget (if the budget goes up, the insurance goes up) The insurance can be paid for on a month-by-month basis, so the Board agreed to move ahead with the current carrier for the next month while taking the time to review the information in more detail and possibly shopping around for a cheaper or better deal. A resolution to approve the renewal of the general liability insurance was then made and unanimously approved. Trustee McHugh reported that he and Trustee Gluck had been working with CHA with regard to a response they received from the contractor regarding the close out of the Tuxedo Dam project. There remains a punch list of items that need to be completed and the Village does not anticipate that the contractor will fulfill these. A summary report has been written and an accompanying letter is being drafted. This will be vetted by the Village Attorney and sent to all members of the Board before it is sent out. Regarding the lakes, NEAR will be coming next week to complete a plant survey on both Pond #3 and the WeeWah. They will not be doing a plant survey on Tuxedo Lake at this time. Trustee Gluck reported that he, Jeff Voss and Engineer Carl Stone had met with the DEC, Division of water in White Plains to discuss a number of violations at the Sewer plant and on-going issues the Village has had with excessive flows there. It was a successful meeting and they are amenable to working with the Village. The operational issues have been cleared up and Westin and Sampson will be working with the Village to create a flow management plan, which will address the immediate regulatory requirement pertaining to these excessive flows. There are two proposals on the table. The first deals with issuing an immediate response to the New York DEC for an estimated cost of $3,800. The second pertains to creating a flow management plan. This work will be done on an hourly basis for an amount not to exceed $7,000. Motions were made and unanimously adopted authorizing Westin and Sampson to complete this work.
Next, Trustee McHugh made a motion was made that the Village approve the invoice from CHA for services relating to the WeeWah dam through April 26 in the amount of $6,924. Funding for this still exists within the budget. It was unanimously approved.
Meg Vaught inquired about the physical appearance of the dam, noting that currently at the end of the primary spillway there were what appeared to be several large pieces of plywood leaning up against a metal arm. She wondered if these were permanent fixtures or if they would be removed.
Trustee McHugh explained that these were not plywood, but rather the dam stop logs. They remain there while the Village engineer attempts to investigate/address some issues of cavitation they have been experiencing. Once the issue has been addressed, they will be removed.
Committee Reports: Lakes Committee –Lakes Committee Chair Jim Hays reported that the committee had met on May 13. They are in receipt of a letter from Peter Van Zandt, which has also been sent to the Trustees, and this was briefly discussed, although the content of the letter was not revealed. The committee believes that the letter should be referred to NEAR and trustee Gluck confirmed that this had been done. Work continues on the bathymetric survey of Tuxedo Lake. The rest of their meeting was spent discussing the committee’s path forward. The conditions have changed with the hiring of NEAR and there are now three groups discussing lakes issues in the Village; their committee, NEAR and the BOT. The Lakes Committee has been operating as an ad-hoc committee, but with the new Lakes Manager, the situation has changed and they are wondering how the three groups can best work together. Communication between the groups is essential and the committee feels that everyone should be copied on everything to allow for commenting. They also believe that they need to have their role better defined and, to this end, they have come up with three possibilities:
The BOT could give the committee tasks to complete
The Committee could prepare a list of tasks they feel they can complete and submit these to the BOT, who would in turn decide which tasks they would like to see completed.
The committee could be dissolved
The committee has already been tasked to look into the costs of developing a harvesting boat for Dash. This is something they can and will do. They believe they can pull together a design as well as a list of necessary components.
The Mayor advised them not to waste time worrying about a pontoon platform, as used platforms were readily available in and around Greenwood Lake. Rather he feels they should focus more on the necessary equipment and how it would be laid out on a platform as well as the hiring and training of a diver.
Mr. Hays suggested that there were diving companies that might well be able to handle this for them.
The committee also discussed the possible use of herbicides to treat the milfoil. With the exception of one member, the committee believes that the Village should take the use of herbicides as a method of treatment completely off the table but other methods should be explored first. They caution that things need to be considered on a long-term scale. While it may be cheaper to dump herbicides in the lake this year, if this has to be done on an annual basis, it may not be cost effective in the long run. The committee has collected and submitted to the BOT data from Upper Saranac Lake, where milfoil pulling was conducted in a very organized manner and has produced good results. Results there were achieved by making a sizable investment up front in order to knock-back the growth substantially. The other concern, which Mr. Hays believes to be valid, is that EPA and DEC approved herbicides get used, but then five or ten years down the road, it turns out that the chemicals were not safe. This has been evidenced recently with the settlements resulting from the use of Roundup. Mr. Hays is in receipt of a study done on rats using Roundup in which the first generation of exposed rats were not effected very much but the second and third generations showed all kinds of defects and problems.
Mayor McFadden concurred, adding that somebody had just received a 2 Billion dollar reward as a result of one of these settlements.
Mr. Hays suggested that the Village should proceed with extreme caution as many of the recommended herbicides were very new. While the committee is not entirely against them, if treatment can be done another way, they feel that would be best.
“You know where I stand,” responded the Mayor.
“You’re for it!” stated Mr. Hays.
“Yeah,” replied the Mayor.
“Well, that’s a mistake,” cautioned Mr. Hays.
“I would like to listen to all of the potential issues and make my mind up. I have a predetermined position, but I am flexible,” responded Mayor McFadden.
“You were misinformed,” stated Mr. Hays “That can happen, but you can correct it and evolve.”
“So many politicians have,” quipped the Mayor.
Mr. Hays went on to say that the committee had provided the Board with more than one example of locations where the pulling has worked and suggested that should the new Lakes Manager recommend chemicals, the committee would like to see studies whereby these chemicals have been used over a period of 10 years or more and what the costs would be.
“One of the things that I think might have prejudiced me,” responded the Mayor “is what I perceive anecdotally as the results of the first dive pulling that was done. I watched them and I just felt like we weren’t getting results. That could be a cause and I am open minded about it.”
Mr. Hays responded that he understood this and that moving ahead the divers would need to be professionals who worked in conjunction with the lakes management team and that supervision would be important.
Trustee McHugh noted that the previous divers have been recommended by the Lakes Manager and that he felt it was unfair to suggest that they were not professionals.
“Our concern with Tuxedo Lake,” stated Mr. Hays to Mayor McFadden “is that by your admission there is nobody on the Board except yourself who wants to put herbicides in Tuxedo Lake.”
“How do you know that?” replied the Mayor.
“Because you told me,” said Mr. Hays “Our concern is that if you are not going to use herbicides in Tuxedo Lake, the only other thing to do is Dash harvesting and you might as well get started on it if you are going to do it. Make sure that you can get the divers.”
“Look, I am not going to stand in the way of Dash, that’s for sure,” stated Mayor McFadden.
Turning back to the three options laid out for the Lakes Committee’s path forward, the Mayor stated he favored option two. He is opposed to disbanding the committee, noting that if they preferred the BOT create a list of tasks this could be done as well.
Mr. Hays suggested that ideally a combination of one and two would be best, but he feels that the committee needs a better definition of what their role is moving forward.
The Mayor requested that the committee put together an outline detailing what they felt their role should be and that this would be reviewed at the next meeting.
It was agreed that this would be done.
Report by Town Board Member of Trustee Liaison:
As Michele Lindsay was not present, Town Trustee Liaison Paul Gluck provided a brief report. There will be a referendum vote on the consolidation effort on July 16. Absentee ballots will not be permitted. It is a two-fold vote, with one portion for Town residents only and one portion for residents of the Village. This will be followed by a second referendum with the date to be announced. At the most recent Town Board meeting there was an interesting presentation on community power aggregation. The presentation focused on a new program NYS program where municipalities can contract out for power and take all of their residents along with them, unless they choose to opt-out of the program. The program has potential for significant savings. Unfortunately, should the Town choose to move ahead with this, it would not filter down to the Village. They would need to set up their own program.
Regarding the proposed cell tower in Sterling Forest, there was a joint public hearing of the Town Board and Planning Board the previous evening.
Meg Vaught commented that it was her understanding the T-Mobile folks had the right to install the tower regardless of whether or not the Town approved.
Public Comments:
Meg Vaught asked if the Board could comment on the current status of the WeeWah Beach Club.
Mayor McFadden responded that he and Trustee Gluck had met with the Beach Club to discuss the Village’s position that the Club should not be opened for swimming. The Village was advised that they should seriously consider the liability involved with allowing anyone to use the property because individuals might choose to go into the water, and the Village view was that nobody would be allowed swim until the milfoil had been taken care of. The Beach Club informed the Village that the DEC would come in and install a fence to prevent folks from getting into the water. This provided the Village with some comfort, because they feel the fence will be a strong deterrent for folks who might be looking to sneak into the water.
Trustee McHugh interjected to inquire whether or not the DEC would install the fence or if that work would be done by the DPW, noting that the later had already installed a fence by the waterfront.
The Mayor responded that he could not say for sure but he knew that the DEC would be directly involved with the fence.
It was agreed that the Beach Club could have 7 day access to the property for picnicking. Swimming remains prohibited until the Village has received advice from their new lake managers, NEAR, after which they will render a final decision. Noting that it was only his personal opinion, Mayor McFadden stated that he believes swimming will be allowed before the end of the summer. The meeting ended on a happy note and the Mayor feels that the decisions made are in the best interest of both the community at large and the relationship between the Town and the Village. In the meantime, they are working to develop a written agreement with the Club to reflect all of this. There is an existing agreement with one year remaining, so technically, the Club can begin using the land as per that agreement.
Old Business: Resolution-Booth Survey:
A somewhat heated discussion over whether or not to proceed with the survey in its proposed form unfolded. This can be heard by clicking here.
New Business: Resolution – Trimble Data Logger – After researching various technologies to assist with leak detection in the Village, the search has been narrowed down to two companies. Trimble has offered the Village a 30-day trial version of their software and hardware. The package includes both computer accessed GPS for determining the location of the leaks as well as equipment for use in the field. The proposed trial has a price tag of approximately $11,000 and includes 2 days of training. Both John Ledwith and Trustee McHugh support taking advantage of the trial. There are, however, some questions as to whether or not the there will be issues with uploading the data due to the topography of the area and the poor cell service. The people at Trimble have explained that the signal used to transfer data is slightly different from cell signals and that although there could be some issues, there are various ways around them.
Trustee Coen commented that in her opinion whether or not the system works due to the ability to transmit signals should, in her view, be Trimble’s risk and not the Village’s at a cost of $11,000. She wondered if, after the 30 days, things were not working, they could return the system and get their money back.
The answer was no.
Trustee Coen suggested that she would approve it subject to condition that Trimble assumes the fiscal risk of the trial and not the Village. It was agreed that voting on this matter would be delayed until the Special Meeting on May 20. Resolution – WesTech Proposal – While vast improvements have been made to the water plant facility, those individuals who have been involved feel that the Village should employ Westech (the company responsible for the original design of the filters and pump systems) to come back and perform an analysis in order to ensure that everything is functioning efficiently. The water plant is operating 24/7, so any savings that can be realized, can in effect be multiplied by 365 and can in turn be quite substantial. The cost of the proposal is $5,710, subject to the Village sending an advanced list of items that they would like covered in the final report. The Board voted unanimously in favor of moving forward with the proposal. Resolution – Adopt Water and Sewer Maps – A while back, the Village engaged Westin and Sampson to put together a map of the water and sewer lines. These maps are now being put forth for adoption as the Village’s official water and sewer maps. Following minimal discussion, the Board voted unanimously in favor of adopting the maps.
Public Comments:
Having arrived late, Town Board member Michele Lindsay provided the BOT with an update. She began be reiterating many of the items reported earlier in the meeting by Trustee Gluck. With regard to the Town/Village referendum to be held on July 16, Trustee McHugh inquired as to how residents would be noticed. Councilwoman Lindsay responded that she had proposed that the Town send a letter to all registered voters but the Board was not in favor of spending the associated $2,000 on the mailing. As a result, communications will be put out via Town emails, TPFYI and the Photo News. There was a Climate Smart presentation at the May 13 Town Board meeting, which focused on electric charging stations to be installed near the Train Station and the commuter lot. They are also looking at converting all streetlights to LED and are investigating the cost of purchasing the lights from O&R. The New York Power Authority has financing available for this, so it would not be an out-of-pocket expense for the Town.
The Community Aggregation initiative was then reviewed for a second time.
Trustee McHugh asked for an update on Tuxedo Farms.
There was no new information to report, other than that the Planning Board granted them another extension on their subdivision approval at the May 14 meeting. There followed a brief discussion about the new sewer plant and when it might be able to come online. Apparently the Town is attempting to work with the developer to bring a portion of the plant online.
Meg Vaught commented that despite the somewhat unfortunate situation that had occurred earlier in the meeting, she was happy that the Board had scheduled a special meeting for Monday morning for the purpose of discussing the booth project and she hoped that they would seriously consider moving ahead with it. While she understands that there are differences of opinion as to how they should proceed in terms of public input and BAR approval, she believes that there are many people in the community who support the project and would like to see the booth rebuilt.
The Board subsequently asked Chief Melchiore to offer his view of the proposed project. The Chief stated that he did not favor rebuilding the booth. He expressed concern about moving all of the necessary equipment from the Keep into the Booth. “Where do you interview? What do you do on the night shift? Midnight…when only 1, 2 or 3 cars pass through during that time and you have that person at the booth….,” commented the chief.
“What does that person do at the Keep?” inquired Trustee Gluck
“They have reports to do. We have a computer-aided dispatch. You have an impact reporting system. You have documentation. You had none of this stuff 3 years ago,” responded the Chief. “Then you need your printers, then you need your monitors. You are going to out-crowd yourself. You really are. I am not too sure if the booth is safe. Bullet proof glass and steal beams are not going to stop a truck. The perception is that the resident wants to see a face. Ok? And they want to be able to talk to that face. You had that when it was a civilian traffic guard and they used to change constantly here. Other than Denise and maybe 2 or 3 steadies, everybody else was constantly a big turnover. You are going to have a major difficulty hiring and retaining police officers if you go to the booth,” he cautioned, indicating that he had said as much to the Mayor on several occasions. “That’s up the Board to put the booth there,” he continued “but if it’s up to me to tell you, I think you are going to have a problem.”
“Why though?” inquired Trustee Coen.
“They are not interested in sitting in that booth,” replied the Chief.
“But they sit in the Keep doing the same exact thing,” replied Trustee Coen.
“They’re not,” responded the Chief. “You have a bathroom there and you have a kitchen right behind you and you’re monitoring activity at the rear and the front. There’s interviews and people are coming in. It’s a different world. You are going to wind up looking at a security force and not a police department if you do what you are asking to do. Police personnel are just not geared for that.”
“What do you mean interviews,” inquired Trustee Barnett.
“Well, if they interview for motor vehicle accidents, incident reports. They interview right there. It’s not a safe condition. It is what it is, but we have to do the best that we can. A lot of stuff is done standing just inside the doorway and talking to the back of the officer. You can’t hear as it is with the speakers and the monitoring system. I am not in favor of the booth. It’s the Board’s decision. I have said it a while a back and I am going to say it again. You are going to have difficulty hiring and retaining personnel here.”
The Board thanked the Chief for his comments.
Following the approval of minutes, the Board adjourned into an executive session to discuss matters relating to the employment of a particular person, potential litigation and legal advice.
The Village Board of Trustees met on Tuesday, March 12 at 7pm. Trustee Coen was late.
Mayor’s Comments:
Mayor McFadden began by thanking the Board for changing the meeting date in order to accommodate his travel schedule. Additionally, he noted that they had been working diligently on four major projects: responding to the Comptrollers audit, putting together a sophisticated capital budget, acting as the Board of Assessment and compiling the annual budget and these things have required many meetings and a lot of extra personal time. He thanked the entire team for their efforts. He went on to express his gratitude to DPW Superintendent Jeff Voss for that department’s strong work in clearing away snow during and after the recent storm. Finally, he thanked John Ledwith for his work and contributions to the Capital Budget project as well as other on-going projects.
Departmental Reports: Police Report – Chief Melchiore reported the following for the month of February:
Non-Criminal Complaints- 361
Criminal Complaints – 2
Arrests – 2
Property Damage/Motor Vehicle Accidents – 3
Traffic Tickets Issued – 20 / Warnings – 2
Fire Alarms – 3
Intrusion Alarms – 1
Medical Calls – 1
Assists received by outside agencies – 1
Miles Patrolled – 2,218
Additionally, approximately 1,300 vehicles entered the Village via the Front Gate each day. DPW Report – Superintendent Voss was not present, so no report was given. Building & Construction Report – Click here to view a copy of this report
Trustee Reports:
None were given
Village Attorney Litigation:
Village attorney Brian Nugent was not present and his stand-in was not fluent in current litigation, therefore no report was given.
Committee Reports:
None were given
Report by Town Board Member or Trustee Liaison:
Michele Lindsay reported that on April 1 there will be a Public Hearing on the sufficiency of the petitions that have been submitted to the Board in support of a Town/Village consolidation. More than enough signatures have been obtained. A date for voting on the referendum will be set following the hearing. The vote could occur as soon as June.
The Town has adopted the Climate Smart Pledge and is actively working towards certification, which will enable them top access grant money for additional climate smart actions. The Climate Smart Task Force recently met to review the necessary actions involved with obtaining certification and have noted that one of these items involves shared services. One item that is being looked at in this regard is community choice aggregation, which is essentailly bulk electricity and natural gas purchasing.
Mayor McFadden wondered whether the Village should also look into adopting the Climate Smart certification and Mrs. Lindsay responded that this would be great and that she would be more than willing to work with the Village to assist and help coordinate efforts.
The Town conducted an economic development round table discussion, with 25 people in attendance representing various organizations in town. The group is working with the Director of Economic Development and Tourism from Orange County to investigate ways that the Town can access monies and promotion in their efforts to revitalize the Hamlet and Southfields, building on existing assets (parkland/open space) The meeting was very productive and a second meeting has been scheduled for April 2.
Trustee Gluck inquired as to whether there had been any update on the development “formally known as Tuxedo Farms.”
Mrs. Lindsay replied that she had heard there were several interested parties and two bids currently on the table, although Related did not seem to be getting their desired price.
Mayor McFadden wondered who the bidders were and Mrs. Lindsay informed him that one was Draggonsgate and the others were home developers.
Public Comments:
There were none.
Old Business: Resolution – Procurement Policy – This was tabled. Resolution – Affirm Release of Fontana Performance Bond – The Board voted unanimously in favor of affirming the release of the Fontana performance bond.
New Business: BAR Membership Resignations – Patrick Donaghy and Christian Bruner have resigned from the BAR. Deputy Mayor McHugh thanked them both for their service, noting that the BAR was constantly one of the more active Village committees, meeting twice a month to review applications. He further noted that they are in the process of looking for replacement members and that any interested parties should contact Debbie in the Village Office.
Piggybacking off of this, Mayor McFadden announced that he was officially declaring the second week of March to be “Appreciation of Appointed Board Members Services” week annually, in recognition of those who have either completed a term or retired. He went on to recognize several former members of various Boards including John Whittney (BZA), Maureen Coen (BZA), Gary Glynn (BZA), Chiuyin Hempel (BAR) and Julia Simet (BAR) as well as the most recent retirees. He expressed his appreciation to these individuals, noting that they had all worked very hard volunteering their services to the Village. Resolution – Declare Two DPW Vehicles as Surplus – The Board voted unanimously in favor of declaring two DPW vehicles as surplus. Approval of CHA Invoice – The Board voted unanimously in favor of approving an invoice in the amount of $16,380, which covers the cost of necessary additional oversight as well as project closeout for the Wee Wah Dam. Schedule Budget Workshops – Budget Workshops were scheduled for Friday, March 15 from 7:30-9:30am and Monday, March 18 from 8-10am. The public is welcome to attend.
Public Comments:
Audrey Perry expressed concern with an unoccupied home located at the south end of Tuxedo Lake, which has fallen into disrepair. Specifically, she wondered what the process would be if the Village were unable to locate the owner of the property.
Building Inspector John Ledwith informed her that every effort had been made to contact the owner with notices and that it had been before the Justice Court in February, at which point the judge agreed to formally send another notice. The property is on the docket for the next court meeting in March.
Mrs. Perry wondered whether the Village was going to clean up the property.
Mr. Ledwith responded that before the Village could take any action, they needed to pursue all legal avenues. If the owner does not respond or come to court, the Village will seek council to determine the appropriate next steps.
On behalf of the Board of Trustees, I would like to share with you some information regarding the matter of our Police Chief working as a fulltime police chief for both the Village of Tuxedo Park and the Village of Monroe. First to note is that there are no Civil Service regulations or provisions in our contract restricting in any way holding the two positions simultaneously. In fact, the Orange County Civil Service Commissioner mentioned during a phone call that several other municipalities share chiefs in Orange County.
Obviously, our first concern is the safety of our community. We have discussed the matter with the Chief and received his assurances that he is committed to serving the needs of our Village. The Chief has also assured us that the level of service and responsiveness, whether day to day or in any emergency, will not in any way be compromised or diminished by this arrangement. The Chief estimated the Monroe position will end by September. The Board of Trustees will continue to monitor the situation closely.
Village Board of Trustees Meeting January 23, 2019
The Village Board of Trustees met on Wednesday, January 23, 2019 at 7pm. Deputy mayor McHugh attended the meeting via Skype from Florida.
Mayor’s Comments:
Mayor McFadden opened the meeting by thanking the Trustees, Department Heads and Village staff for accommodating the date change for the meeting.
He went on to report that bids for the various components of The Booth project have been coming in (3 per vendor as required) and that for the most part they have been consistent with the estimates. All of the bids have been compiled and distributed to the Board members via thumb drives. They will be reviewed over the course of the next month and hopefully discussed at the February meeting.
Department Reports: Police – Chief Melchiore reported the following for the month of December:
Non-Criminal Complaints- 331
Criminal Complaints – 1
Traffic Tickets Issued – 12
Traffic Warnings Issued – 3
Motor Vehicle Accidents – 0
Intrusion Alarms – 6
Fire Alarms – 6
Medical Calls – 1
Assists given to the Town of Tuxedo police – 1
Assists received from outside agencies – 1
Miles Patrolled – 2,342
Additionally, roughly 1,100 vehicles entered the Village via the Front Gate on a daily basis. DPW – DPW Superintendent Jeff Voss reported that the department had encountered some trouble when attempting to install new water meters in the Town in that one of the main valves is not operating properly. They are currently devising a plan to address the issue and are hopeful that they will not need to shut off water service to the entire town in order to do so. It was agreed, however, that somebody would reach out to the Town Supervisor and put him on notice that a shutdown might need to occur if they are unable to fix the problem, which is underground.
Superintendent Voss will also be putting together a list of drains and catch basins around the Village that are in need of repair or replacement. As part of this assessment, he will also be looking at the areas where drainpipes outlets are near the lakes to see where they might be able to take measures to better control sediment going into the lakes.
It was recently discovered that one of the two turbidity meters at the water plant was not working and that both meters are outdated, meaning that parts are not longer accessible. As a result, the decision was made to purchase two new meters at a cost of $10,200. This price includes start-up and preventative maintenance. The new meters have arrived and the department has installed one of them to date, and it will be ready for start up on Friday, January 25.
Mayor McFadden inquired as to how much road salt has been used to date. The response was roughly 200 tons. The Superintendent does not anticipate needing to purchase any more salt this winter. Building-Capital - Click here to view a copy of the Building Report.
There are some capital improvement projects, which are ongoing, although the weather has generally slowed things for the moment. Progress is being made on the heating system at the water plant as are final repairs to the filter #1. The sewer plant recycling project is temporarily on hold due to weather. Additionally, they are investigating some other options regarding leak detection. Police – Resolution – Accept Resignation of Two Part Time Police Officers - The Board voted unanimously in favor of accepting the resignations of two part time police officers. Police – Telephone System - The telephone system at the police department is antiquated and in need of updating. There is only one operating line and no way to page individuals (all phones go off at once) If the line is tied up, they are unable to communicate with 911. There is no roll over system so if the lines goes down during emergencies they are simply out. The Chief met with Trustee Gluck and the two of them spoke with the IT service, New Windsor, who will be recommending some solutions. Trustee Gluck reported that he felt that ultimately the solution would be relatively inexpensive as these days phone systems are cloud based. DPW – Resolution – Purchase Two New Turbidity Meters- The Board voted unanimously in favor of purchasing two new turbidity meters.
Trustee Reports:
With regard to the Wee Wah Dam, Trustee McHugh reported that they are very close to a resolution with the knife gate valve and its operation. It is anticipated that divers will be coming in at the end of next week to resolve the issue. Once this has been done, installation of the dam will essentially be complete and all that will remain is dealing with the financial settlement, which is the result of multiple delays and the subsequent engineering costs assumed by the Village. At the December meeting the Board approved hiring a company to come in and drill into the spillway in order to check the anchor bolts. Luckily, the engineer was able to procure the service for a lower cost than what was approved and the drilling was done between Christmas and the New Year. Unfortunately, there appear to have been installation issues with the anchor bolts and this is another problem that the Village will have to raise with the construction company.
Speaking to Village Finances, Trustee Barnett reported that it had been agreed that the Finance Committee would report quarterly. The next report will come in February. A working session for the purpose of reviewing the Capital Budget is needed and this was discussed. A meeting of the Board of Assessors was scheduled for Tuesday, January 29 at 9am (The Board of Trustees will serve as the Board of Assessors) and the Board considered scheduling a contiguous meeting for the purpose of reviewing the capital budget on that same morning.
Village Attorney Litigation:
Village Attorney Brian Nugent Reported the Following:
· Guazzoni/Zgonena vs. The Village – Mr. Zgonena is the only remaining plantiff in this case. There is a Federal Case, which they are not handling. There is a settlement discussion underway and things are currently in limbo. There has been no new billing on this case.
· Guinchard vs. The Village –. This case has been concluded and discontinued.
· Cosmetica vs. Jennifer Billiu –The Village’s role in this case is over.
· Madden vs The Village – This was an article 78 in which the Village prevailed and then Mr. Madden appealed. Briefs have been submitted and they are awaiting an oral argument date, which could take a year or more. The billing on this case to date is between $17-18,000. There will be no further billing until the oral argument takes place.
Committee Reports:
On Behalf of the Lakes Committee, Jim Hays reported that the biometric map of Tuxedo Lake has been received. Copies were subsequently distributed to the Board. The committee believes that the map will be helpful as they move forward in developing a management plan for the lake. They are also in a receipt of a proposal from lakes management company Princeton Hydro and will distribute this to the Board as soon as possible. The committee feels that the proposal for study is very similar to what Princeton Hydro did back in 2009. The estimated cost is $69,000. Some of the committee members feel that there should be reduction in cost as some of the work will be redundant, but others believe that this is not the case since the lake has changed over time and there has been an increase in Milfoil and algae blooms along with new houses in the watershed and clearing along the shoreline. Regardless, what has been proposed at this time are studies only and the cost does not include any abatement or preventative measures. The committee has also reached out to another, smaller firm called North East Aquatic Research. N.E.A.R. would not do any of the abatement work (pulling/chemical treatments) either, but they would supervise these efforts and make recommendations to the Village as to who should be doing this kind of work, should the Board wish to proceed that way. They have sent along some references including previous studies completed and the committee will assess these and compare them to what Princeton Hydro has proposed so that they can analyze the differences in approach and hopefully make a recommendation to the Board as to which would be better for the Village. In the meantime they have invited somebody from N.E.A.R. to visit the Village and he will be coming on February 4, after which he will submit a formal proposal. The Committee has also spent some time discussing what the action plan will be post-report. Following the 2009 Princeton Hydro report, not much happened. They feel this may have been because a schedule of action was never clearly laid out, but whatever the reason, they would like to avoid a similar fate this time around. To this end, they are recommending that the Board establish a 5-10 year strategic plan, based on clearly established goals with measurable objectives. It has been suggested that perhaps the plan could somehow be legislated in order to ensure that future Boards do not drop the ball, so to speak, however it is uncertain as to whether or not this can be done.
Report by Town Board Member or Trustee Liaison:
Town Board member Michele Lindsay reported that the Town has been conducting workshops as they revise the zoning code to bring it in line with the updated Comprehensive Plan for Tuxedo. She encouraged everyone to go online to the Town’s website and review the Comprehensive Plan, which sets out a plan for the Town moving forward. She feels that public participation during the hearings that will follow the zoning workshops is crucial. In other news, the Town has adopted the Climate Smart Certification, which means that they will now undertake a number of actions culminating in certification for the Town. As part of this initiative a task force has been formed. Village residents Jim Hays and Jane Garofano have joined her and Terryanne Gmelch on that force. Additionally, the TUFSD will be assisting them with an energy audit of all the government buildings, creating a benchmark and completing a natural resource inventory. Among other things, certification will make the Town eligible for numerous grants.
Claudio Guazzoni inquired about the ongoing initiative to turn the Town into a Village.
Mrs. Lindsay responded that the Town Board cannot take the lead on this initiative, but there have been citizen groups that have formed and an informational meeting was held at the Eagle Valley Fire House two weeks ago. 520 signatures must be collected on a petition before the Town Board can formally get involved. Once the petition has been presented to them, they can dive in and begin gathering information and pursuing legal input. There are a number of individuals currently collecting signatures. Some of these include Bonny Takeuchi, Shari Brooks and Janet Galushka. The consolidation would not merge the Town with the Village of Tuxedo Park. The municipalities would continue to exist side-by-side, but the Town would become a new entity called a Town/Village. Back when the petroleum pipeline was a threat, it was discovered that the State of New York affords certain powers and protections to cities and villages that towns do not have. Consolidating in this way will allow Tuxedo these benefits moving forward.
Public Comments:
Resident and former part-time police officer for the Village Mike Coleman commented that he was very involved in volunteer government consulting and had done some consulting with past Village administrations. To this end, he further commented that he had been receiving a lot of phone calls recently from community members in the Village of Monroe and the local Orange County Government inquiring about Chief Melchiore as they have heard that he was going to be working in Monroe fulltime. Mr. Coleman does not know if this is true or not, but he has heard it from some very reliable sources. As somebody who helped consult with the previous administration when Chief Melchiore was hired in the Village, he is aware that the contract stated specifically that Melchiore was filling a 4th fulltime position. The Village must have 4 fulltime positions filled or else they could be sanctioned. Mr. Coleman wants to make sure that there is not going to be a conflict between the Village and Monroe should Chief Melchiore accept the fulltime position there.
Mayor McFadden acknowledged Mr. Coleman’s comment, further stating that the neither he nor the Board had had any conversations about this with the Chief and he hoped that Mr. Coleman had not been “stepping over the line” by publicly divulging the information.
Mr. Coleman responded that he was merely referencing phone calls he had been receiving from Civil Service and County Officials and as has not had any information to give them, he figured he would pass the concerns along to the Board.
Claudio Guazzoni inquired as to when the tentative assessment roll was due to come out.
The answer was February 1.
Mr. Guazzoni wondered then whether there would be a tax assessor and was informed that once again, similar to last year, the Board of Trustees would be functioning as a Board of Assessment.
Mr. Guazzoni then wanted to know whether they would be receiving outside help from any consultants.
Trustee Gluck responded that the Board of Assessment had a staff consisting of a clerk and outside council as well as Mr. Ledwith, who would be functioning as a consultant to the Board.
“So, Mr. Ledwith will be involved in the assessment roll for 2019?” inquired Mr. Guazzoni.
“I would expect so,” replied Trustee Gluck.
Old Business: Resolution – Revise – Vendor for Wee Wah Dam Auxiliary Spillway Capstone Dowels- The Board voted unanimously in favor of revising the approved vendor for the work done on the auxiliary spillway at the Wee Wah Dam in favor of ConCore Precision Inc., who completed the job on January 19 for $2,180. Permits for Demolition, Clearing and Filling (Langdon Property) – After a somewhat lengthy discussion, the Board voted unanimously in favor of approving permits for demolition, clearing and filling on the Langdon property.
New Business: Employee Manual – Mayor McFadden reported that as per previous discussions, Paychecks had submitted a proposal for creating the manual, which he had distributed the Board for review. Trustee Gluck has also drafted an updated version of the manual. Following some discussion it was determined that the Board would review Trustee Gluck’s draft prior to making a decision as to how they would proceed. CHA Fees – The Board voted unanimously in favor of approving the request from Engineers CHA for EWA (extra work authorization) #12B for the period November 14, 2018 through February 8, 2019 in an amount not to exceed $39,000. Arias Consulting Engagements – Trustee Coen explained that the engagement up for discussion was the evaluation of the roles and responsibilities of the Village Clerk, Deputy Clerk and Clerk. Cooper Arias was asked to provide the Village with an engagement letter proposal for a number of items related to evaluating these roles and responsibilities. They will also be looking at the segregation of duties. It is estimated that the total cost will not exceed $1,500. This is part of the Villages’ response to the Comptroller Audit. Following some discussion, it was determined that the conversation would be continued in executive session as there were some questions pertaining to specific employees. Corrective Action Plan – Comptroller Audit- In November of 2018 the Village received a final audit report from the Comptroller’s office. The process requires that the Village address the recommendations that the Comptroller made within the report. There were a total of 8 recommendations dealing with segregation, procurement, issues relating to water billing, and IT. The draft C.A.P. goes through each of these and addresses them accordingly. The initial response to the Audit is on file in the Village office and the C.A.P. will also be on file once approved. Policies supporting the Villages approach to some of the recommendations made were placed on the agenda for discussion as well. The Board voted unanimously in favor of approving the draft correction action plan. Water Billing Policy- Trustee Coen briefly outlined some changes she had made to the draft policy. Under the policy the water billing clerk will have the ability to adjust accounts up to $75. Above that two designated Trustees (currently Barnett and McHugh) have authority to adjust accounts up to a limit of $250. Anything above that will come to the entire Board for review. Following some discussion, the Board voted in favor of adopting the policy. Mayor McFadden abstained, commenting for the record that he was doing so only because he had not read the most recent draft and not because he was opposed to adopting the policy. Breech Notification Policy – Village Attorny Brian Nugent presented the Board with an updated Breech Notification Policy as prepared by his office, with revisions by Trustee Gluck. Following a brief discussion, adoption of the policy was unanimously approved. Policies on Segregation and Procurement – These were tabled. It was noted that the current policies would remain in place until replaced with the revised ones. Announce Village Grievance Day – Mayor McFadden announced that Village Grievance Day will take place on Tuesday, February 19 from 5pm – 9pm. 2019-2020 Tentative Assessment Roll – The 2019-2020 Tentative Assessment Roll is due to be completed by February 1. The Board has scheduled a meeting for Tuesday, January 29 to discuss.
Public Comments:
Meg Vaught noted that it seemed that at every Board meeting over the course of the last 6-9 months, the Board was either accepting the resignation of or appointing new part time police officers. She wondered whether there was anything the Village could do to promote or encourage longevity within their police force. The turnover is so great that it is next to impossible for community members to form any sort of relationship with the people who are protecting them.
Mayor McFadden responded that he agreed 100%. High turnover not only made it difficult for the residents to get to know the officers, but it was difficult for the Village to manage and resulted in a lot of extra time being spent by officers scheduling and doing basic human resources work. The Village is in a variety of meetings with the Chief with regard to a variety of things and this is definitely something he would like to bring up.
Brian Nugent commented that he had worked in law enforcement for 20 years with part-timers and that sometimes it was just the nature of the part-time beast that these employees were ultimately looking for full time work and that the part-time employment ended up being shorter in duration as a result. He suggested that they might want to consider exploring whether the part-timers were leaving because they didn’t like working in the Village or if it was because the found full time employment elsewhere.
Mrs. Vaught responded that she understood that it might not be as cost effective but all the same she wondered whether it would make sense to reduce the number of part time officers and replace them with full time people.
Mayor McFadden noted that he had discussed this with Trustee Gluck and they were looking at it. The change was initially made because of budgetary concerns in terms of pension costs. 4 full time officers would cover all the shifts.
Trustee McHugh noted that the Board had more recently formalized the process by which they accept resignations by instituting a public vote, which had not previously been done. The situation may well appear more dire as a result of the votes. He added that the Trustees had worked with the Chief to address turnover concerns with part-timers and these officers were now reimbursing the Village for their training costs, so the taxpayers are not out of pocket for these expenses.
The Mayor suggested that Mrs. Vaught was primarily concerned with the issue of community policing and he was focused on this as well, although he agreed that the Village had moved on a number of actions to offset the costs that come along with it.
Claudio Guazzoni wondered whether the Board might consider holding Trustee meetings on Saturday mornings in order to allow more participation from the weekend community.
Mayor McFadden responded that as volunteers who worked very hard, all of the Trustees valued their weekend time. He agreed that it would be nice to have more participation from the weekend community though and as a solution suggested that he would like to begin live streaming the monthly meetings, which would allow folks to either watch from home, or access them at a later date for viewing.
Map for I &I: John Ledwith commented that the he and the Planning Board and Trustee Gluck had been discussing having the Village Engineer put together an enhanced map of data to be used for the I&I plan and by the Planning Board. The estimated cost is $1,500. Following a brief discussion, the Board voted unanimously in favor of commissioning the map.
Tree Advisory Board: The Board voted unanimously in favor of appointing Christopher Gow as Chair of the Tree Advisory Board for a term of 3 years. Simultaneously, they voted in favor of making former Chair, Chiu Yin Hempel a member of the TAB, as Mrs. Hempels’ term as Chair has expired.
Village Board of Trustees Meeting December 17, 2018
The Village Board of Trustees met on Monday, December 17 at 7pm. Trustee McHugh attended from Florida via Skype.
Mayor’s Comments:
Mayor McFadden thanked everyone for rearranging their schedules to allow for the date change of the meeting. He then reported that an entertainment company has made an offer on the Tuxedo Farms property and is proposing to build an amusement park, which will contain many buildings and employ up to 1,800 people. He has three main concerns with this:
Light pollution
Potential noise pollution
Security (opportunities for nonresidents to enter the Village through the woods)
He is hopeful that these potential issues can and will be mitigated during the SEQRA process.
Department Reports: Police – Chief Melchiore reported the following for the month of November:
Non-Criminal Complaints – 345
Criminal Complaints- 3
Property Damage/Motor Vehicle Accidents – 3
Arrests – 2
Traffic Tickets – 11
Traffic Warnings - 2
Intrusion Alarms – 3
Fire Alarms – 4
Medical Calls – 2
Assists Given to the Town of Tuxedo Police – 2
Assists Received from the Town of Tuxedo Police – 1
Miles Patrolled – 2,352
Additionally, approximately 1,100 cars entered the Village via the Front Gate per day.
Trustee Coen inquired as to whether or not any weapons had been discharged. The answer was no.
Trustee Gluck wanted to know if the department was keeping track of the traffic warnings issued. The answer was yes. DPW – Superintendent Voss was not present, however Building Inspector John Ledwith gave the report in his absence. The department has been keeping busy with continued leaf pick-up and drain clearing. The roads were plowed and salted on November 15 and 16. The road leading to the Mountain Farm pump station was also repaired. Finally, they have begun installing some of the hardware for the recycling system at the sewer plant.
Meg Vaught inquired as to how long it would take to get the recycling system at the sewer plant up and running, noting that the Board had been discussing the project for almost a year.
Mr. Ledwith responded that it had taken a while to obtain all of the necessary parts and that there is also some plumbing that needs to be done. They are hopeful that it will be ready to go by the beginning of January. Trustee McHugh added that the flows going through the treatment plant had been too high and therefore, a period of dry weather was necessary before the system could be installed. Water Department – Meter reading for the 4th quarter has begun. This will take approximately two weeks. There was an issue with the low lift pump at the water plant. An electrician was called in and ultimately a new pump has been ordered. A chemical feed hose at the chemical pump located in the Mountain Farm pump station was replaced. A hydrant on Fox Hill Road was flushed. The water plant underwent its annual inspection during the month of November and everything is running well, however they did receive a secondary report with some “ancillary items” that have to be attended to relative to the heating system. Additionally, a boiler was replaced.
Building Department – Clickhere to read a copy of the Building Department report.
Resolution – Accept Resignation of Part Time Police Officer – The Board voted unanimously in favor of accepting the resignation of Ken Sanford effective November 26, 1018. Resolution – Declare Police Department Guns as Surplus – The Board voted unanimously in favor of declaring 12 Gen-3 Glock 21 45 caliber guns as surplus. These will be replaced with an equal number of Gen- 5 Glock 17 9 millimeter guns. The surplus guns will be purchased by department officers at the price of the new Glocks and, therefore, there will be no expense to the department for the new guns.
Trustee Reports: Trustee Barnett – Drawing everyone’s attention to two hand-outs entitled 2018-2019 General Fund Budget Update and Profit & Loss YTD Comparison, Trustee Barnett explained that the public presentation of this data was part of an ongoing effort to keep the public informed of Village financials and to collect their feedback. The sheets were reviewed in some detail. In brief, the Village has spent roughly 54% of their budget to date. With only $200,000 budgeted, Trustee Barnett feels that they are not spending nearly enough on infrastructure and maintenance. Employee benefits, including pensions, account for roughly ¼ of the total budget at $1,019,402.
Rich Witte inquired as to whether or not anyone had considered what might happen 20 years down the line as more employees retire and new ones are brought on. He expressed concern that $1 million would quickly turn into 1.5 and then 2 million.
The Trustees agreed that this was a valid concern as health care costs go up 10 to 15% a year and pensions and salaries continue to rise as well. Eventually, these costs will become unsustainable for the residents. Mayor McFadden noted that this was something they were currently working on with the accountant as part of their capital planning. Trustee Gluck – Reporting on the Town, Trustee Gluck commented that the Town Board was actually holding a meeting simultaneous to their own that evening. Items on their agenda included a public hearing on a proposal to transfer the duties of the Architectural Review Board to the Planning Board and subsequently dissolve the ARB. Stating that he did not know what the outcome of the hearing would be, or whether it would be continued, Trustee Gluck encouraged residents to familiarize themselves with the issue as there might still be time for comment. State Senator Elect Jen Metzger visited Tuxedo on Saturday, December 8. In addition to several other things, she spoke about the impossibility of continuing along a path of mandated State benefits and the need to get relief to local jurisdictions in order to deal with this.
The Town budget was adopted. It does not appear to call for any significant increases. Additionally, the Moodys rating on the Town debt has changed from negative outlook to positive outlook, which is a significant accomplishment. Trustee Coen – Trustee Coen has been busy working on several projects. With regard to the Wildlife Management Policy, she reported that she and Chief Melchiore have been in conversations with the Department of Health and are still waiting for them to put together protocol in the form of an FAQ.
Beginning in January, the Board will be conducting Capital Project Workshops. These will be public meetings where they will review and prioritize infrastructure projects to be worked on over the next 5 to 10 years with estimated costs based on feedback from department heads.
Finally, she and Mayor McFadden met with the accountant/auditor and inquired whether the firm could supply a monthly or quarterly summary of actual spends vs. budgeted funds and where the Village stands, alerting them if there is anything they need to be concerned about in terms of either over or under-spending. The firm does provide this service for many municipalities. The cost is anywhere from $1000-1,500 per month. They also inquired as to whether the firm might be able to do a “deep dive” into the administrative department to include evaluating the efficiency of how the Village has set up procedures and making some recommendations as to those procedures as well as the employee workload and the segmentation/delegation of duties. The cost of this service would be $1000-$1,500. Part of the motivation for this service comes from the recent Comptrollers report and the need for the Village to evaluate the segmentation of duties.
Trustee McHugh expressed a desire to see some specific examples of similar work that the firm had done in other communities as well as some more data prior to moving ahead with the service. Following a somewhat lengthy discussion, it was agreed that more data would be amassed for Trustee review.
Trustee McHugh – With regard to the lakes and lake management, Trustee McHugh reported that the final report encompassing the lake surveys and chemistry is expected in January and will be made available via the Village website. The Wee Wah dam project is 99% complete. There continues to be an issue with the operation of a knife gate valve from the ledge of the spillway. They are working on crafting a solution and getting the contractor to recognize what is wanted so that they can move forward. They have begun drawing the lake down a bit for the winter months. The levels will come down by approximately 4 and ½ feet. 6 to 12 inches of concrete will be visible on the auxiliary spillway.
Village Attorney Litigation:
Village Attorney Brian Nugent reported the following:
Guazzoni/Zgonena vs. The Village – Mr. Zgonena is the only remaining plantiff in this case. The case is currently in discovery with depositions to be scheduled prior to January 31, 2019. To date, the case has cost the Village $11,000.
Guinchard vs. The Village – This is a challenge to the dismissal of a SCAR proceeding. This case has been concluded. Total cost to the Village $7,500 in total.
Cosmetica vs. Jennifer Billiu –The Village’s role in this case is over.
Zgonena vs. The Village – This was a Justice Court matter in which a resident had appealed a Justice Court conviction but ultimately a decision upholding the conviction was made on October 15. The Village was victorious and the Justice Court decision upheld. This total cost for this case and the Billu was approximately $3,800
Madden vs The Village – A motion to reargue was denied on September 12. Mr. Madden has filed a notice to appeal and has perfected it. The Village responded to his brief. Mr. Madden must now file a reply brief at which point the matter will be fully submitted. Mr. Nugent estimates that it will be about a year before there is an oral argument and then likely another 6 months before a decision is rendered. Current billing to the Village is approximately $18,000. There should be no more billing on this for 12-18 months.
There followed a discussion regarding the Guazzoni/Zgonena vs. The Village and the Madden vs. the Village suits. Mayor McFadden noted that both were costing the Village taxpayers quite a lot of money and he wondered whether either case might be settled. Mr. Nugent advised him that in the case of Madden, with the exception of a 15 minute oral argument a year from now, the billing on this case is likely done. With regard to the Guazzoni/Zgonena, it was agreed that Mr. Nugent would attempt to talk to other attorney to determine whether a settlement might be possible. Committee Reports:
There were none. Public Comments:
There were no public comments. Old Business: Resolution – O.C. Water Facility Tax Exemption for 2020 – The Board voted unanimously in favor of filing for tax exception on a small piece of property they own in the Town on which there used to be a water pump station located. Resolution – Hazard Mitigation Plan – Following some discussion, the board voted unanimously in favor of authorizing the acceptance and adoption of the Orange County Multi Jurisdictional Multi Hazard Mitigation Plan. New Business: Resolution – To go out to bid on The Booth Project – This was tabled until the January meeting, although Mayor McFadden commented that there might be benefit to hosting a working session with the Board in early January to review aspects of the project. They have received an additional $35-40K in donations, bringing the total of donated funds to over $100K! The Board will be reviewing the details of the biding process and hope to be able to move this forward at the next meeting. The Mayor met with Patrick Hines, regarding a bill his firm submitted for two or three earlier design drawings for the booth under the previous administration and was able to get him to reduce his price by $3,000. Resolution – Revise dollar amount in funds for the booth drawings from the existing booth restricted funds – The Board voted in favor of increasing the previously approved amount of $2,850 to $3,900. There was some discussion with regard to where these funds were coming from. It was suggested that the money come from the remainder of the restricted funds that the Village obtained in the land sale to Mr. Bruno in 2016 and ultimately it was agreed that this is where it would be coming from. Resolution – Acknowledgement of Receipt of Grant for I & I - The Board voted unanimously in favor of accepting the New York State EFC WIIA New York State Water Infrastructure Improvement Act Grant in the amount of $132,938.000. They intend to use the funds to proceed the SSES project phase 3 in 2019. Resolution – Appoint Fire Commissioners – The Board voted unanimously in favor of appointing Peter Dedel and Todd Darling as Fire Commissioners of the Tuxedo Joint Board of Fire Commissioners for a 5-year term commencing on January 1, 2019. Resolution – Wee Wah Dam Auxiliary Spillway Capstone Dowels – These dowels were contracted to be 36 inches deep but while onsite a contractor noticed that the drill bit was only 24 inches and this has raised some concern with the stability of the capstones. Two borings will be removed to see if they conform to the suspected 24 inches or the contracted 36. If it is at 24, the Village can seek double damages and have them replaced. The Board voted unanimously in favor of moving forward. Resolution – Langdon Demolition Permit – There was a great deal of discussion with regard to the Langdon Demolition Permit. The Code requires that the Trustees provide final approval for demolition projects. Although the project has received both Planning Board and Board of Architectural Review approval and the Village engineer has also reviewed it and sent a letter to the Board’s attention, some of the Board members were uncomfortable approving the plan without seeing the actual Planning Board documents. Ultimately, Mr. Nugent advised the Board that they should have the permit before them prior to issuing an approval and therefore, this item was tabled until the next meeting to allow time for the appropriate documents to be collected and reviewed and for the permit to be drafted. Discussion/Resolution – Purchase of a New Laptop for the Village Office- The Board voted 4-1 in favor of purchasing a New Laptop for the Village Office from the New Windsor IT department for a cost not to exceed $1,000, with Mayor McFadden voting against. When questioned, the Mayor stated that based on the cost, he felt the computer in question would soon be outdated. Other Business:
Trustee Barnett inquired of Mr. Ledwith as to the status of the water detection meters that the Village had been planning to go out to contract on based on last months meeting.
Mr. Ledwith responded that they were putting some more comprehensive information together before proceeding.
Trustee Barnett wondered when there might be something ready to go out.
The answer was that there would be a draft proposal outlining which direction the Village should go in in terms of the technology sometime in the first week of January.
Trustee Coen commented that she and Trustee Gluck had met with Mr. Ledwith regarding the procurement policy earlier and that Trustee Gluck had advised Mr Ledwith to also move ahead and get paperwork on the alternatives as quickly as possible.
Trustee McHugh responded that they had been working on this for the last eight months and he wondered what more information would be obtainable that they had not already collected!
Mr. Ledwith replied that he had called three municipalities that are using the technology that the Village is looking at. He would like to verify some of these numbers. He expressed some concern with the unknown (hard numbers), further commenting that he would like to be more accurate before proceeding.
Ultimately it was agreed that Mr. Ledwith would collect all the information and present it to the Board the following week. Public Comments:
Audrey Perry inquired as to what had transpired with a derelict property on West Lake Road.
Mr. Ledwith responded that the property had come before the Village Judge on at least two sessions late this past summer and ultimately, a warrant was issued for the arrest of the owner.
Mrs. Perry wanted to know what would happen if the owner did not respond.
Mr. Ledwith replied that at some point the Village might choose to do some maintenance.
Following some further discussion it was agreed that Mr. Nugent would get involved in attempting to find the owner. If they are unable to locate him, the Village can do the property maintenance and place a lien on the taxes.
Secondly, Mrs. Perry wanted to know whether there would be a resident vote on how to proceed with the traffic booth.
Mayor McFadden explained that prior to conducting a vote, the Village wanted to collect bids so that they would know what the potential costs would be prior to polling the people.
Mrs. Perry then wondered whether the poll would be conducted via the water bills as had been done in the past, further noting that she had a well and so did not receive a water bill.
The Mayor told her that information would be sent out to all residents via his “From The Mayor’s Desk” email blasts and encouraged her to sign up for those if she had not done so already.
Village Board of Trustees Meeting November 14, 2018
The Village Board of Trustees met on Wednesday, November 14, 2018 at 7pm. Mayor McFadden was delayed due to traffic. Therefore, Trustee McHugh began the meeting with Departmental Reports.
Departmental Reports: DPW Report – DPW Superintendent Jeff Voss was not present due to illness, so no report was given. Police Report – Chief Melchiore reported the following for the month of October:
Criminal Complaints – 3 (2 closed by investigation and 1 by arrest)
Non-Criminal Complaints - 361
Property Damage Accidents – 2
Accidents with Injury – 1
Traffic Tickets Issued - 6
Traffic Warnings Issued - 6
Medical Calls - 4
Fire Calls - 6
Intrusion Alarms - 2
Assists Given to the Village Police - 1
Assists Given by the Village Police -1
Vehicle Tags Issued – Resident: Non-Resident:
Miles Patrolled – 2,481
Additionally, approximately 1,100 vehicles entered the Village each day through the Front Gate.
The Chief went on to report that there had been a vehicle accident on October 30 and some of the residents came to assist and he feels that they should be formally recognized. They are: Kathy Norris, Jake Matthews and Valerie Evans-Frieke.
Trustee Coen inquired as to whether any fire arms had been discharged.
The answer was not in October, but one time thus far in November for a rabid cat. Accept resignation of Part Time Police Officer: Trustee McHugh inquired of Brian Nugent why the Board was required to formally accept this resignation. Mr. Nugent responded that it was not a legal requirement although he strongly recommended that they do it because if they did not, the resignation could be withdrawn. Following some further discussion, the Board voted unanimously in favor of accepting the resignation. Building/Capital Report – Building inspector John Ledwith reported that there were currently two property maintenance issues before the Village Justice.
The Village has been making progress on capital projects. Water filter one will be back online within the week. Storage tank #1 has been rehabilitated. There are some minor cracking issues at the base of one of the tanks and the Village is seeking the advice of their engineer as to how they should proceed before filling the tank. Currently the Village is operating on one tank and things are going well.
Trustee McHugh wondered whether a quote had been provided and the answer was not yet. All of the equipment necessary for the sewer plant recycling program has been received. The Village will be recycling processed sewer water in order to clean screens that were historically being rinsed with potable water. The Village will be saving approximately 100,000 gallons of water per week and roughly 5.2 million gallons a year. The tank should be installed within the next week and Mr. Ledwith is collecting some final estimates on the relatively minor electrical work that will be needed. Finally, two meters that are located in the pressure locator building off of Nursery Road and are supposed to be calculating the amount of water that is distributed to the Town are in disrepair. One of them is working only partially, while the other is completely out of service. The Village is collecting some estimates to replace both meters, install some new hardware and make some minor improvements to the building.
Late last winter it was determined that there was at least one crack in the furnace at the water treatment plant, which left it usable but not terribly safe. The Village has since contracted with Northern Plumbing, who replaced the boiler last week. There are some additional improvements that need to be made. It appears that the system is as old as the building, which dates back to the 1950s. They have obtained some estimates for repairing radiators amongst other things. The anticipated total for repairs is roughly $14,000. The Village is hoping to stage these.
The Planning Board has approved demolition of the home located at the end of Lorillard Road. The BAR will be reviewing plans for the construction of a new house in the same spot at their next meeting. The Trustees must also approve the demolition. Addressing Board Attorney Brian Nugent, Trustee Gluck noted that a few years back the BOT had gone through the code and attempted to strip themselves of all responsibilities pertaining to building permits. When the issue came up at the Planning Board meeting earlier that evening, it appeared that they were still required to issue permits for demolition as well as for dock extensions. He asked Mr. Nugent if he would look into this. Mr. Ledwith interjected that he believed that the Board needed to approve the dock extensions as the docks were protruding out over the Village owned lakes, and so they had an invested interest. Mr. Nugent informed them that demolition required an EAF as well as a BAR review. It is a Special Permit, not a building permit. In terms of docks, the code allows for the grandfathering of certain structures that were in existence prior to a specific date. If any of these are to be rebuilt, an approval from the Village Board is required. This is also a special permit and not a building permit.
Village Attorney Litigation:
Brian Nugent reported the following with regard to litigation:
There is no new litigation.
Guazzoni/Zgonena vs. The Village – Mr. Zgonena is the only remaining plantiff in this case. The case is currently in discovery with depositions to be scheduled prior to January 31, 2019. To date, the case has cost the Village $10,000.
Guinchard vs. The Village – This is a challenge to the dismissal of a SCAR proceeding. A settlement has been reached. It was agreed that for the 2018 SCAR proceeding, the 2017 determination of the hearing officer would be applied. A SCAR proceeding was then conducted and there was no change in the assessment. This case has cost the Village $6,900 in total.
Cosmetica vs. Jennifer Billiu –Sgt. Taback will give a deposition on November 19. Current billing to the Village is approximately $1,800.
Zgonena vs. The Village – This was a Justice Court matter in which a resident had appealed a Justice Court conviction but ultimately a decision upholding the conviction was made on October 15. This case has cost the Village $8,700 in total.
Madden vs The Village – A motion to reargue was denied on September 12. Mr. Madden has filed a notice to appeal and has perfected it. Now the Village must respond to his brief. Current billing to the Village is approximately $13,000.
Committee Reports: Report by Town Board Member – Michele Lindsay noted that on Monday, November 19 the Town would be holding a public hearing to consider elimination of the Architectural Review Board. There has also been talk of officially reducing the town Planning Board to five members, which is what they currently have as they have not appointed two additional members as required by the law. At the last meeting, Jim Hays inquired as to whether the town was considering both the elimination of the ARB and the Planning Board reduction, but he did not get a straight answer. She advocated that residents attend the meeting and comment on both of these important matters.
Lili Neuhauser added that prior to these intiatives, the Town had advertised for ARB and Planning Board membership and had received many applications from qualified people.
Mrs. Lindsay concurred, further commenting that there were a total of 9 candidates who were interested in serving on these Boards.
Trustee Gluck wondered whether or not the sitting ARB and Planning Board had issued any comments or recommendations back to the Town Board and Mrs. Lindsay responded that they were still waiting for these but the decision had been made to move ahead with the public hearing in the meantime.
Meg Vaught reported that at the Town Planning Board meeting the night prior, that Board had voted unanimously in favor of advising the Town Board to move forward with the consolidation of Boards, thus eliminating the ARB.
Next, Mrs. Lindsay reported that Town/Village consolidation petitions were still out in the community being signed.
Trustee McHugh inquired as to who was taking the lead on this initiative and Mrs. Lindsay replied that it had to be a resident led action. There was one informational meeting several months back that addressed some general F.A.Q.s, but the details cannot really be explored until the petitions have been presented to the Town Board. Trustee McHugh wondered who in the Park was spearheading this. Trustee Coen responded that she would be willing to do so with the help of some additional people if they are able to determine that the whole thing makes sense from the Park’s perspective. She has asked both the Village and the Town attorneys for a meeting so that they can make sure they are all on the same page. 520 signatures in total are needed. School – Trustee McHugh inquired of BOE member Meg Vaught when the determination would be made about George F. Baker High School. Mrs. Vaught responded that the Board was set to vote on this at the BOE meeting the following evening and that if there was snow, the meeting would be rescheduled for Friday, November 16 at 7pm. Lakes Committee – Jim Hays reported that at the previous meeting the Board had asked him to obtain a quote from a professional company for a fish survey so that they would have something to compare with the amount it will cost to use an intern from Oneonta. While Princeton Hyrdo was visiting the Village the day prior, Mr. Hays informally inquired about the cost of a fish survey and was told that it would likely be $10,000 or more. Further reporting on Princeton Hydro’s visit, Mr. Hays noted that the representative had met with Trustees McHugh and Gluck as well as the Lakes Committee. He came with a set of proposals, having looked over the CSLAP data and various surveys conducted by Solitude Lakes Management. As he was one of the authors of the 2009 Princeton Hydro report, he is familiar with the Village and its lake related issues. After being brought up to date on everything that has been done, he has proposed to further review in detail all of the data that has been gathered, looking for gaps and trends etc. He has also proposed to do a series of measurements in the three lakes and their inlets in order to try and determine precisely and quantitatively where the phosphorous that is fueling the algal blooms and milfoil growth is coming from. Finally, he proposed to make a survey of the watershed, specifically noting where streams and runoff were entering so that he could in turn make recommendations for some changes. The Lakes Committee also spent some time discussing with him how they might go about creating a long-term (10 year) strategic plan for lakes management. Water – Trustee Barnett went through two worksheets, the first a water loss analysis for the years 2000-2016 and the second the annual water plant report for 2017 and 2018. The Village is still losing roughly 50– 55% of its’ potable water. Click here to view the worksheets. Leak Detection was discussed. RFQ for Water Loss Detection- John Ledwith explained that historically an acoustic method had been used, but unfortunately this was a “one-off” kind of system whereby an individual walks the length of a particular main looking for leaks. The Village has researched several different methods for getting a better look at the “big picture.” Use of helium is one such method, but this is also a “one-off” method and to do it over the whole system (26 miles) would be both time consuming and costly for the Village. What they are currently leaning towards is a method called Data Loggers, where possibly up to 160 devices would be installed near the water shut-off boxes and hydrants and subsequently used to create an acoustic picture of the entire system, which should enable them to better pinpoint where leaks are located. The system would provide a monthly report, detailing where there are anomalies, which in turn will give the Village a good idea of where to look. The system would be in place for 4 years.
There followed a lengthy discussion as to whether or not they should be putting out an RFQ or and RFP and what exactly it was that they were looking for. Mr. Nugent explained that an RFQ was a Request for Qualifications and would not necessarily include prices. He suggested that an RFP might be more in line with what they are looking for. Ultimately, it was agreed that Mr. Ledwith, with the help of Mr. Nugent, would put together some specifications for an RFP, which could be reviewed by the Board and voted on at the next meeting.
Mayor’s Comments:
Having arrived during the Committee Reports, Mayor McFadden made the following comments. Traffic Booth Update – Design development and 85% of the working drawings are complete. (click here to view) The next phase is to complete the drawings, bid documents and bid package. The plan is to go to bid late November. Upon receipt of bids, the residents will be polled in order to find out if the majority want to replace the booth. If the answer is yes, then they will sign the contract but he would like to make sure they have pricing information before they go to the public with a poll. Vehicle Accident Statement – Unfortunately there was a fatal one car accident on the East Lake Road Causeway several weeks ago. Two Village residents and an officer of the Police Department acted in a heroic way in aiding the emergency response team, unselfishly diving into the water to recue the driver. The Tuxedo Park community is a strong, caring place and always works together in times like these. The Mayor commended the emergency services workers who responded as well including the Village Police Department, DPW, Tuxedo Fire Department, the Ambulance Corps and the DEC. Orange & Rockland Equipment Upgrade Progress Report – 15,000 feet of distribution wire is to be replaced with Hendricks wire in the 2nd quarter of 2019. This should improve strength and reduce power outages during storms. 11 poles will be replaced and 1 removed. 11 streetlights will have to be removed. The installation of LED fixtures will be discussed in the coming months. Smart Meters will be installed in 2019 to help assess magnitude of power outages and dispatch repair crews. These are wireless meters that automatically report power loss to O & R. Ongoing Trustee Projects – Mayor McFadden read into the record the following list of on-going Trustee projects: Booth drawings & pricing, Wildlife Management Protocol, Shared Services Agreement follow-up, Comptrollers Report response, preparation for annual Financial Reports, Village Court, appointed Boards, water, Police, Building, DPW, Village Admin Department oversight, Capital Budget Report. Emergency Service Hazard Mitigation Plan approval, searching for grants, Dam Construction Administration, potable water loss monitoring, Village wide-performance reviews for non-union employees, Village employee manual, bi-monthly capital and DPW project meetings, Town/Village feasibility discussions, legal case management, ongoing upkeep of Village property, oversight of water tank and water filtration renovation projects, CSLAP water management project, lakes management consultant oversight, procurement policy, working with the police on a rapid response protocol and training at TPS and interviewing the tax assessor.
With regard to the Booth, Trustee Coen stated that she thought it was a great idea to poll residents to find out if it was something they still wanted. She wondered how the poll would be conducted.
Mayor McFadden responded that he was planning to use Survey Monkey. Public Comments:
Lili Neuhauser inquired as to whether or not there would be deer culling.
The Mayor responded that he believed they would be.
Chief Melchiore added that Sgt. Taback has done a count of the deer and submitted it to the DEC, who will come back with recommendations. He believes they may be in a position where they could cull if they wanted to do but they do not have to.
Michele Lindsay commented that there had been quite a bit of ATV traffic in the woods just outside of the Park by Brook Rd and TPS.
Trustee McHugh wondered if it had anything to do with the newly opened trail in Sterling Forest State Park, just outside of the South Gate. He inquired of the Chief as to if and how this was patrolled.
Chief Melchiore responded that his department patrols this kind of activity the best they can from the roadways but as they do not have ATVs, they are not on the trails.
There followed a discussing regarding signs to be posted in various locations along the Village Border. Trustees Gluck and Coen have been working on these although language and design have not been finalized. Trustee Gluck will continue to work on this and follow up with the Board.
Old Business: Resolution – Extend Sterling Carting Contract for One Year – The Board voted unanimously in favor of extending the contract with sterling carting for one year. Hours for Deliveries and Moving Trucks – At their October meeting, the Board began discussing a possible protocol which would allow for deliveries of household goods and moving trucks in the Village on Saturdays and Sundays. Since that time, Trustee Gluck has drafted a protocol for review. There was a great deal of discussion. Trustee McHugh asserted that he did not feel trucks should be allowed in the Village on weekends and that residents should be able to enjoy weekends free of this type of noise and traffic. Trustee Coen, on the other hand, stated that she was in favor of allowing it. She believes that the traffic will be generally infrequent and not overly disruptive and that the Village should make every effort to make it easy for residents to live there. Should it become a big problem, they can always revert back to what they have now with relative ease. Various scenarios involving people who work and cannot be at home to receive deliveries during the allotted hours or folks who are trying to move in and/or out of their homes on the weekends were discussed. Trustee Barnett suggested that they allow it on Saturdays but not Sundays and this was generally well received. Ultimately, it was agreed that they would try it on a trial basis, posting a copy of the protocol to the Village website. Wildlife Management Protocol – Trustee Coen has been working with Chief Melchiore in an effort to establish a wildlife management protocol. The effort was born out of community concern following the shooting of several foxes last spring. Therefore, what to do with rabid animals is one of the first things they have explored. Through conversations with the Orange County Department of Health, they have learned that animal bodies are only tested for rabies if there has been a human encounter, otherwise the bodies are not sent for testing. The DOH will be answering an FAQ that Trustee Coen and the Chief put together and have also agreed to come to the Village and educate people first hand. Revised Resolution – Adoption of Sexual Harassment Policy – The Board voted unanimously in favor of adopting the sexual harassment policy.
New Business: Resolution – To go out to bid on booth project – Mayor McFadden suggested a bid opening date on January 7 at 2pm. Trustee Gluck wondered whether or not it was necessary for the Board to approve the bid documents. Trustee McHugh interjected that a bigger question for him was whether or not anyone else on the Board had seen either the drawings or the document that they would be putting out for bid. He has not. He does not feel comfortable authorizing the expenditure of going out to bid when he doesn’t know anything about it. The Mayor responded that at the previous meeting he had circulated documents that contained price estimates for each trade and had explained how he wanted to proceed. Since that time, the drawings have progressed and now he is looking to put the project out to bid so that he can get prices to present to the public when polling them.
Trustee McHugh wondered whether he would be allowed to get prices for taking down a portion of the wall between the Keep and St. Mary’s and laying a new road there which would allow for two entrances. He further suggested that if they were going to go out to bid on one idea, they should go out to bid on all ideas so that they could lay out different iterations to the general public.
The Mayor responded that the price they had received for the first reiteration of the booth was over $400,000. The most recent reiteration was quoted at over $200,000. The Board collectively decided that they could not afford this and they did not put it into the budget. As discussed in October, there is $46,000 left in the budget for the Booth. Additionally, $65,000 has been raised privately. The estimates he presented came in under the combined total of these numbers. The Mayor added that he had been able to save money by utilizing a company that will construct the customized, steel framed booth off site. If Trustee McHugh believes that his suggested alternative can come in at a lower budget, he should draft it up and put it out for bid.
“Ok” responded Trustee McHugh.
Trustee Coen wondered how much it would cost to go out to bid.
The answer was $35.
Trustee Gluck wondered about the cost of the drawings.
The mayor responded that the drawings had been funded with the $46,000 left in the Booth fund.
Again, Trustee Gluck wondered whether the Board needed to approve the bid documents.
Mr. Nugent advised that they should.
Following some further discussion, it was agreed that bid documents would be assembled and circulated to the Board prior to their next meeting at which they would vote. Resolution – to release $2,800 in funds for the booth drawings from existing booth restricted funds – following a brief discussion, the Board voted unanimously in favor of releasing the funds. Fyke Nature Association Request for Annual Bird Count in Village on 12/15/18 – The board voted unanimously in favor of approving the request for the annual bird count. O.C. Water Facility Tax Exemption for 2020- After reviewing the request, the Board agreed to table it while they did some further investigation into exactly which property was effected and whether or not there were any other qualifying properties. Fontana Performance Bond Release – There is an issue with the request for return on the performance bond associated with this project as the check for the Bond was written by Mr. Fontana’s wife, who is now deceased. Following some discussion, the Board agreed to table this.
Public Comments:
Ellen Gluck commented that the booth drawings looked great! She inquired as to whether there was a window that opened. The answer was yes. There are also two transaction drawers and two intercoms, one each for cars and trucks. It is also handicap accessible. Everything is ADA approved.
Village Board of Trustees Meeting October 17, 2018
The Village Board of Trustees met on Wednesday, October 17 at 7pm. Trustee Barnett was absent.
Mayor’s Comments – Traffic Booth:
Mayor McFadden opened the meeting with an update regarding the traffic booth. Commenting that all of the Trustees were not necessarily behind these ideas, he suggested that prior to moving ahead with a project he would recommend re-polling the residents and then bringing a proposal before the Board for a vote. The Village was unable to include the reconstruction of a traffic booth in the 2017/2018 budget because they wanted to remain under the tax cap. Estimates for the project as previously designed came in at $200,000+, which is an unrealistic sum in his view. There remains $46,000 left over from The Keep project and a committee of residents has been able to raise roughly $65,000 towards the effort. With this in mind, the Mayor reached out to some custom fabricators and found 2-3 vendors per trade. The first company would make the steel shell of a booth and customize it for the Village based on the drawings. The two estimates for this service were $30,000 and $12,000. The second company would provide bullet-proof windows, including a drawer as well as a tilt & open bullet-proof window to face traffic. The two estimates for these products were $18,000 & $13,000. Carpentry is estimated at $35,000 and electric work at $8,000. Engineering and permits would cost about $8,500. John Ledwith would be assigned the roll of project manager and the Mayor would stand as the liaison for the project. With a total budget of $110,000, if one takes the lower end numbers, the cost would come to $97,000, which would leave a contingency of $14,000. These are guestimates and not formal bids, but the Mayor believes that the project may be in reach. He would like to continue to research the options and present some estimates to the Board after which, if they are in agreement, the project could go out to competitive bid. He reiterated that prior to all of this, he would like to survey the residents again because he realizes that some folks have gotten used to the current configuration, while others may have had cost-related reservations about the project. He supports the project and is hopeful that they can build some community support for it as well.
Next, he thanked both the DPW and Trustee McHugh for installing a new flag poll at the Front Gate, which he feels looks fantastic. He also applauded them for their efforts along the Causeway, which has been significantly cleaned up and is looking terrific.
Moving on to the garbage contract, Mayor McFadden reminded everyone that the current contract with Sterling has expired. While the Village has been very pleased with the quality of service they have been receiving from Sterling, they feel it a prudent part of their due diligence to take a look at the current market in order to ensure that they are getting the best possible deal for the Village. The Mayor suggested that they reach out to a couple of competitors for estimates (not formal bids) He has found two companies that he would like to reach out to, both of whom provide “back-door” service. If these estimates fall in line with what Sterling is offering, he sees no need to make a change. Town Supervisor Mike Rost was in the audience, and the Mayor inquired as to which service the Town utilizes. The answer was Interstate Waste Management. The school utilizes Marangi without complaint.
Trustee Gluck suggested that it might be difficult to obtain estimates in lieu of formal bids. He further noted that Trustee McHugh had attempted to do this with Interstate, but they declined to provide estimates without a formal bid.
From the audience Tom Salierno commented that Sterling has been providing great service and that people are very happy with them.
Mary Graetzer added that she recalled that the last time the contract was negotiated, Sterling had agreed to purchase a smaller truck for use on the narrow Village roadways. She wondered if another company would be willing to do the same.
The Mayor responded that this was a good question, reiterating that so long as the estimates and services offered by other companies were in line with what Sterling is offering, he saw no need to make a change.
Departmental Reports: DPW – Superintendent Voss reported that the Trustees had decided that it would be a good idea to hold weekly staff meetings with the DPW and the first of these occurred on October 12. Some of the items discussed were: different leak detection systems that are being looked at in an effort to resolve water loss issues, Ridge Road water tanks and the ongoing work there (work on tower two slated to begin on October 22), inoperable water meters in the Town of Tuxedo that need to be replaced, replacement of the furnace at the water plant (estimated at $21,000), possible installation of new roof drainage at the water plant, installation of recycling system at the waste water treatment plant, tree removal throughout the Village, purchase of a new ride mower, refurbishment of a dump truck, catch basins (identifying issues and prioritizing repairs) and roadways (identifying issues and prioritizing repairs).
The Department has been quite busy working on Village roadways. Paving on Wee Wah road near the Pond 3 dam was completed last week. Additionally, a lot of drainage work has been done in preparation for the grinding of Continental Road, which is scheduled for next week and will be followed by paving there the week after. Drainage at the Wee Wah dam has been creating a bit of an erosion problem and the department has installed catch basins there to alleviate the issue. The roadway across that dam will paved at the same time as Continental Road.
Although it was reported at the previous meeting that filter at the water plant was about to be up and running, not long afterward, it was discovered that two pieces were missing. These have since been ordered and installed. The filter should be online by early next week.
Trustee McHugh added that with the addition of the new filter, the TOC removal rate has gone from 20% to 50%. When asked for an explanation, Superintendent Voss explained that TOC stood for Total Organic Carbon and that although it had never been problematic; these levels were elevated last spring. They have since normalized. Trustee McHugh then pointed out that by doing the lion’s share of this work “in house” the Village had been able to save a significant amount of money.
Police Report – Chief Melchiore reported the following for the month of September:
Criminal Complaints – 4
Non-Criminal Complaints – 350
Property Damage/Motor Vehicle Accidents – 5
Arrests – 1
Traffic Tickets Issued – 22
Traffic Warnings Issued – 2
Medical Calls – 6
Fire Alarms – 4
Intrusion Alarms – 3
Assists Given to Outside Police Agencies – 3
Assists Received from Outside Police Agencies – 5
Vehicle Tags Issued – 89 (Resident) 220 (non-Resident)
Miles Patrolled – 2,527
Additionally, roughly 1,000 vehicles per day entered the Village via the Front Gate.
The Board voted unanimously in favor of hiring part-time officer Kevin Ambrose, subject to a background check.
Jim Hays inquired as to whether there was any update on the human remains that were found in the Wee Wah last year. The answer was no.
Inter-Municipal Agreement with County of Orange Emergency Services – The Board voted unanimously in favor of approving an inter-municipal agreement which will allow Orange County Emergency Services to provide 2 CAD laptops, equipped with GPS to the Department for installation in vehicles, subject to some minor “tweeking” by council. The computers will allow for 911 and computer-aided dispatch and will interface with other municipalities as well as the new license plate reader at the Front Gate (so that officers on patrol will be able to identify vehicles that are coming in and out from their cars). They will also allow for computerized traffic tickets. The Village will be receiving the machines at no cost as part of a grant and they will be permanently mounted in the vehicles.
From the audience, Town Supervisor Mike Rost commented that this never would have been possible without the help of the Town because prior to their actions several years ago, the Village would not have been able to communicate with Orange County 911.
Building Report-
Click here to view a copy of the building report.
Village Attorney Litigation and FOIL Report:
Brian Nugent reported that there is currently no new litigation. There are four pending litigations in which the Village is a party and one in which they are not. There are:
Guazzoni & Zgonena vs. The Village – Discovery is in progress. Current billing to the Village is approximately $10,000.
Guinchard vs. The Village – Petitioners council has proposed a settlement that will be discussed in executive session. Current billing to the Village is approximately $6,700.
People vs. Zgonena – fully submitted and awaiting a decision. No additional costs.
Madden vs The Village – A motion to reargue was denied on September 12. Notice of appeal is still pending. Current billing to the Village is approximately $12,000.
Cesmetica vs. Jennifer Billiu – Currently they are in the process of scheduling a deposition for Sgt. Taback. Current billing to the Village is approximately $1,200.
Committee Reports:
On behalf of the Tree Advisory Board, Christopher Gow reported that the group is winning the battle against invasives at the Racetrack Nature Preserve and has received the “green light” from landscape architects Larry Weaner & Assoc. to begin live planting. To this end, they have put in 706 live, native plants mainly near the southern entrance. The results of this mass planting will be visible in the spring. In other news, for the third year in a row the DEC will be donating native trees and saplings to the Village as part of a program in which they are encouraging municipalities to be good stewards of their land, especially focusing on vegetation around water bodies. Additionally, using some of the monies left to the Village by Alex Salm, Trustee McHugh will be obtaining some additional trees for planting by the DPW facility. Lakes Committee – Jim Hays informed the Board that the graduate student from Oneonta (as discussed at the previous meeting) would be in the Village to perform a bathometric survey of Tuxedo Lake on the 26th , 27th or 28th of this month. She will need to spend 6 hours in total on the lake to complete the survey and the committee has arranged for this. As a follow-up to the Board’s questions about the proposed fish study, Mr. Hays presented the Board with a copy of a letter, written by an Oneonta professor including estimates for the study. Following some discussion as to whether or not the Villages procurement policy required them to obtain a second estimate, the Board voted unanimously in favor of moving forward with the study at a cost not to exceed $3,600 subject to the requirements of the procurement policy as discussed.
Mr. Hays further reported that milfoil in all three Village lakes was currently in the fragmentation phase. Fragmentation is the primary way in which milfoil spreads. During the process the plant’s stems weaken and the fragments float to the surface. A recent look at Tuxedo Lake showed there were not an overwhelming number of floating fragments although those that were spotted already seemed to have roots sprouting on them. Folks are encouraged to use a net or skimmer and remove the fragments from the lake when possible. The Wee Wah is unfortunately another story. In this lake there are huge stems and the wind blows the fragments around regularly. There is a huge concentration of it by the DPW facility. Mr. Hays suggested that in future years, if the problem persists (which is likely) a united effort amongst committee members and residents alike to remove the fragments might be organized. Milfoil does not grow much in water deeper than 10 feet. Mr. Hays opined that perhaps lowering the water levels in the Wee Wah so that the water would freeze at a depth of less than 10 feet and possibly kill off some of the growth could be an effective method of controlling it. Mr. Hays further noted that he was aware that the Board was in receipt of a letter from a resident requesting that they not lower water levels in the Wee Wah.
Trustee Gluck responded that they would ask their consultant for thoughts on this.
Trustee McHugh added that DEC approval would be required in order to lower lake levels. He went on to report that in addition to the activity reported by Mr. Hays, the Village was in the process of a fragmites survey and the Lakes Committee would be considering what the best methods for removal without the use of chemicals might be. A plant survey of Wee Wah Lake and Pond #3 was conducted at the end of September and they are awaiting the results. Finally, the CSLAPS program has been concluded for the season, with the Village completing 7 out of 8 studies.
Report by Town Board Member or Trustee Liaison:
Town Supervisor Mike Rost reported that he had been spending quite a bit of time on the budget. They Town has been given a 1.02% cap to work with and he is confident that they will be beneath that. He anticipates that the Town will officially be “out of the hole” by next year and is pleased that it has only taken 4 years instead of 5 to achieve that goal. He anticipates a tax decrease next year.
Cleanup at the mulch pile is almost complete and the facility is now operating in proper manner. They are still working on some of the stumps, but the dirt is clean and they are moving it out.
Mayor McFadden inquired as to whether there was any news on Tuxedo Farms.
Supervisor Rost responded that there had been new developers on the property and that Draggonsgate was also still in the picture as well. The hang up, according to The Related Companies, is the school. “They are leveraging the school against the properties because next year there will be 61 students in the high school. This is what they claim is holding the project up. I don’t know if it is true or not.”
Mayor McFadden responded that he felt that home developers would not invest money into “something like that.” “The first thing people do when they are investing in property is to ask about the school system,” he stated.
“There will be a school. They will go somewhere,” commented Jim Hays. “I don’t buy that argument at all. I think Related is probably asking too much for the land. If they cheapened it, they’d sell it! I just don’t believe that at all.”
Mayor McFadden suggested that this was a conversation better suited for a Town Meeting.
Trustee Coen added that it could also be brought up at a Town School meeting, with the next meeting is scheduled for October 18 (the following night) and then another one on November 15 at which the School Board was expected to make a determination about the future of the High School.
Trustee McHugh asked Supervisor Rost for an update on the police, specifically the midnight shift.
Supervisor Rost responded that there was sporadic overnight coverage. The Town gave the Police Department $125,000 to be used for part-time officers. They are limited by the contract to 6 part-time officers. If there is planned over-time, the part-time officers fill in to reduce those costs. When there is no planned over-time, they are scheduled on the overnight shift as the Chief sees fit.
On another note, Mayor McFadden noted that he had attended both Family Fun Day and the Concert at Powerhouse Park on October 6 and that, despite the unfortunate weather, they had both been wonderful events and he encouraged everyone to attend next year. The concert was the first in what the Town is hoping will be an on-going concert series.
Public Comments:
There were no public comments.
Old Business:
There was no old business to discuss.
New Business: Resolution – Appointment to BAR – The Board voted unanimously in favor of appointing Christopher Gow to the BAR, to fill the vacated seat of Julia Simet, with a term ending in June of 2020. Resolution – Appointment to TAB – The Board voted unanimously in favor of appointing Father Rick Robyn to the Tree Advisory Board Resolution – Purchase of Zero turning Radius Lawn Mower/Salm Donation – Trustee McHugh reported that the DEC had donated 300 small plants to be planted by the DPW site. Because the plants are so small, the Village was looking to use $1,400 of the Salm donation to purchase some slightly larger plants, which will help to create some screening against the backdrop of the DPW building as well as tree coverage to help the smaller saplings take route. Funds will also be used to purchase a zero turning radius lawn mower for the department. As they are currently somewhat understaffed, this mower will help the DPW to cut grass in a more time efficient manner. The Board voted unanimously in favor of authorizing the usage of funds for these items.
Trustee Coen inquired as to how much money was left in the fund.
Trustee McHugh responded that they had spent $65,000 to date, which left $35,000 to be spent in the next five months. They are currently assessing and prioritizing appropriate uses for the money. Resolution – Approve Refurbishing of DPW truck Truck – the Board voted unanimously in favor of refurbishing a DPW dump truck at an amount not to exceed $4,800. Employee Hand Manual – The Village’s employee hand manual is very outdated. Trustee Gluck has been looking into the costs associated with bringing it up to date. He found one company who will do it, but they charge by the employee. He suggested that the Town had recently updated their manual and that it might be possible to take the format they had used and apply it to the Village. Board Attorney Brian Nugent informed the Board that his firm could update the manual as part of their retainer fee. Village Sexual Harassment Policy – Changes to New York State Labor Law now requires every employer in the State to have a sexual harassment policy in place, with training completed by October 9, 2019. He provided the Board with a proposed new policy reflecting the State requirements, which will replace the Villages existing policy and included in the new Employee Handbook. Trustees Gluck and Coen agreed to be members of the Sexual Harassment Policy Committee and they will be responsible for following up and making sure that everything is taken care of in terms of having everyone sign off on the policy and then follow through with the training. The Board voted unanimously in favor of adopting the policy as presented. Dam – Trustee McHugh reported that the dam project was 98% complete. It is now at its new normal pool level. There is water running through the spillway and once levels rise roughly 6 more inches, water will cascade over the auxiliary spillway. This being said, the Village continues to have issues with the contractor in terms of closing out the contract. The village “took back” 4 tasks in order to facilitate completion of the contract. These tasks will now be reassigned as follows: CHA will be awarded extra work authorization #13 ($33K) Campos (the contractor who is responsible for the parapet wall) will be responsible for the expansion joints and the work on the downside of the dam ($45K), Grout Tech will seal the auxiliary spillway in spots where spouts of water are making it through (cost was not provided) and Bill Mirch Stone Services will provide and refurbish the blue stone for the downstream side of the dam ($11,688). The Board voted unanimously in favor of re-awarding all of these tasks as detailed.
Water Meters for Regulator Building in Town (Nursery Road):
There are currently two water meters located in the regulator building in Town that are not working. Without them online, the Village cannot keep track of how much water is going to the Town vs. how much is going to the Village. Following some discussion, the Board voted unanimously in favor of authorizing an amount not to exceed $11,000 for their replacement.
Amend Local Law to Allow Extended Hours for Residential Deliveries:
Trustee Gluck explained that there had been a number of inquiries and complaints from both current and potential residents who were looking to either move into the Village or receive residential deliveries after the hours that are permitted by the Village Code. Currently, the code allows such activity from 8am - 4:30pm Monday through Thursday with shorter hours on Fridays. He suggested that they amend the local law to allow move-ins & move-outs along with deliveries of household items (not construction activities) on a more permissive basis. He suggested that any day from 8am-6pm was standard for “most of the world around us today.”
The mayor responded that he had also received a small number of missives from residents who were annoyed by weekend deliveries and seasonally extended hours for landscaping. He is unsure as to whether they will be met with complaints/objections. This would be a public hearing matter. Currently, allowing exceptions is up to the discretion of the Building Inspector and/or the Trustees. In an effort to avoid the Public Hearing process, he suggested that they adopt a resolution with some additional exceptions to the existing code without having to change the existing law.
There followed a somewhat lengthy review of what is currently allowed under the code and whether or not a change should be legislated. Ultimately, it was agreed that the discussion would be tabled. Trustee Gluck will come up with list of proposed exceptions to the existing law and these will be discussed in the future.
Village Board of Trustees Meeting September 17, 2018
The Village Board of Trustees met on Monday, September 17 at 7pm. All members were present.
Mayor’s Comments:
Mayor McFadden opened the meeting by thanking everyone for their efforts in re-arranging their schedules so that the meeting could be rescheduled to avoid the Jewish Holiday.
Department Reports: Police Report – Chief Melchiore reported the following for the month of August:
Non-Criminal Complaints- 367
Criminal Complaints – 4
Arrests – 1
Motor Vehicle Accidents/Property Damage – 1
Traffic Tickets issued – 7
Fire Alarms – 6
Intrusion Alarms – 6
Assists received from the Town of Tuxedo – 1
Assists given to other Police Agencies – 3
Resident Vehicle Tags Issued – 892
Non-Resident Vehicle Tags Issued – 227
Miles Patrolled – 2,435
Additionally, approximately 1,300 vehicles per day entered the Village via the Front Gate.
Mayor McFadden added that he had recently spoken with the Chief regarding the increase in traffic associated with the opening of TPS and advised him that the department should keep an eye our for speeders, including busses. The Villages’ number one priority is safety and there have already been a number of complaints about speeders traveling to and from the school. The school is also aware of the situation. DPW Report – DPW Superintendent Jeff Voss began his report by expressing gratitude to both the late Alex Salm and the Trustees for the newly acquired wood chipper, which he labeled a “Godsend” noting that it was saving the department a ton of time while making many of their tasks much easier. It has been a great addition.
Paving was completed on East Lake, Club House and Cliff Roads last week. At the end of October Continental Road will be ground up and repaved as well. A lot of prep work was necessary prior to paving. A catch basin on East Lake Road needed to be raised while an all-new basin was built along the Causeway. The Department has also been busy cutting/removing various trees throughout the Village. They also repainted the second filter at the Water Plant, reassembled the under drains and are hopeful to have it up and running by the end of the week.
The Mayor noted that it appeared as though some work been done along the causeway, thinning out the growth there and he wondered if there were any plans to continue either that work or the landscaping work by the Front Gate in the coming months.
Superintendent Voss responded that there was definitely more work to be done along the Causeway and they were planning to do it later in the week.
From the audience Meg Vaught agreed that the Causeway looked great and inquired as to whether the Village had any plans to “lead by example” by installing some sort of vegetative buffer between the roadway and the lake in an effort to inhibit road salt and other excrement from finding its way into the reservoir. She further noted that one could see the milfoil beginning to poke through the surface of the water there.
Trustee McHugh responded that they did not. Currently they are removing dead trees and invasive vines as well as cutting back the overgrowth, but they are not disturbing the roots or the soil. The goal is to create greater visibility while “taming the jungle” a bit. The low levels of dirt in that area combined with the higher amounts of road salt and debris seriously limits what can be done there. Catch basins are being adjusted/enhanced and boulders added in an effort to improve the drainage. Currently, the only areas they are intending to plant are on/in various islands/triangles throughout the Village and the DPW has been doing a great job with this effort. Building Department-
Click here to read the Building Department Report.
Village Attorney Report:
Village Attorney Brian Nugent reported that there had been little change since last report to the Board. Guazzoni & Zgonena vs. the Village is still pending. There has been a motion to renew on which they are awaiting a decision. It has been determined that Mr. Guazzoni does not have any standing and therefore, Mr. Zgonena is the only remaining plaintiff in the action. In the case of Guinchard vs. The Village, the Village will have to file an answer once notice of entry has been served, which has not yet been done. The Village has been served a subpoena in the case of Cosmetica vs. Jennifer Billiu, which involved the turning over of some records and a deposition from Sgt. Taback. Finally there are two matters still on appeal: Zgonena vs. The Village and Madden vs. The Village.
Trustee Gluck asked for an update on legal costs associated with these cases.
Mr. Nugent responded that Guazzoni & Zgonena vs. the Village had cost the Village roughly $9,000 to date while Guinchard vs. The Village had been about $5,000. There has been no billing for the either of the appeals.
Committee Reports: Lakes Committee – On behalf of the Lakes Committee, Chair Jim Hays reported that over the summer the committee had gone around Tuxedo Lake several times and created sketch maps detailing where the greatest concentrations of milfoil can be found. Time will tell, but they believe that the thick patches are related to bottom conditions where there are softer sediments where as the strands appear to be in more rocky terrain. They believe it looks as though it could be controlled without a tremendous amount of effort in those rockier areas. Mr. Hays has been in touch with SUNY Oneonta with regards to the possible use of a graduate student to help with the lakes effort and it looks as though it will come through. He has information with regard to two different programs and this needs to be reviewed by the committee in conjunction with the Board so that a determination can be made. There are a number of different things that the student will be able to accomplish and they will need to talk about this in order to determine what will be more practical. A fish study/inventory is one things that was recommended to the Village by Princeton Hydro but Mr. Hays does not yet know whether or no this will be feasible. In order to retain the student, the Village must make a contribution of $2,500.
The Mayor inquired as to where the worst areas of milfoil were located.
The answer was that there are thick patches just at the south end of the Lake, by the Glynn house, by Duck Hollow, in front of the Regna and Dean homes and along the dam by the Tuxedo Club.
Mayor McFadden then inquired as to the depth at which the weed stops growing.
The answer was roughly 10-11 feet.
There followed a lengthy discussion with regard to the graduate student. Ultimately it was determined that although they all support the idea in theory, the Trustees would require more information/greater granularity before they could make a decision. This may require a special meeting, as time is a factor for the University.
Report by Town Board Member or Trustee Liaison:
Town Board member Michele Lindsay reported that on September 5 the Town Attorney held an informational session for the community to discuss the Town/Village consolidation proposal. This is an effort that needs to be citizen driven however the Town Board has authorized their attorney to provide a Q & A sheet to assist those who are getting involved.
Mayor McFadden inquired about the general level of support behind the idea and Mrs. Lindsay responded that she felt there was a good level of support, but there are still a lot of questions that need to be answered. They are waiting for the attorney to come back with some answers, as there has been a good deal of confusion about the process. There are actually two proposals; the first is the creation of a new Village and second is the consolidation of the Town. One of these needs the support of 10% of the citizens while the other requires 20%. There have been questions as to what constitutes a citizen. (Is it a registered voter or just a resident of the area to be incorporated?)
Board attorney Brian Nugent explained that it was the creation of the new Village that required 20% as the municipality can perform the consolidation but the incorporation of a new Village must be done by petition of the people (aka citizen driven.) These two sources that directly concern these propositions are New York State Village Law, which spells out the incorporation process step-by-step, and General Municipal Law, which allows for the consolidation of two government units. What the Town is proposing is a little unique as it is the first time he has seen the incorporation of a Village followed by an immediate consolidation at the same time.
There are a lot of questions with regard to voting and budgeting and how these things would work. Mr. Nugent advised that things would basically remain as they are now, the main difference being that another new Village could not be formed within Tuxedo.
Trustee Coen added that the initiative is intended to be a protective measure not only to prevent to formation of future Villages but also to afford the Town more rights/power. She pointed out that with the Pilgrim Pipeline project, the Town had not had the ability to prevent the project from coming through, while the Village had been able to resolve against it.
Next, Mrs. Lindsay reported that at the most recent Town Board meeting the proposed elimination of the Architectural Review Board had been referred to both the Planning Board and the Architectural Review Board for feedback. Once feedback has been received, there will be public hearings and Mrs. Lindsay is hopeful that folks will come out and get involved. Also discussed at the meeting were new fees for As Built Permits. Currently these are only $100. What is happening is that some people are not obtaining Certificates of Occupancy when they put additions on their homes but rather they are coming in for them much later, when they are trying to sell the property….and only having to pay $100! Needless to say, this is not fair to people who are following the correct process and so the Board is looking to revise the fee schedule.
Finally, there will be a concert at Powerhouse Park on October 6 featuring Commander Cody and some members of the Original Jefferson Starship in addition to other folk-rock bands. There will be food trucks and beer and wine! Tickets can be purchased online at the event website as well as on Ticketmaster.
Public Comments:
There were no public comments.
Old Business:
There was none.
New Business: Garbage Contract- The Village’s contract with Sterling Carting is up for renewal in December. Trustee Barnett explained that there are essentially two vendors who service this area: Sterling Carting and Interstate Waste Services. Both vendors bring recyclables to the same center, which is owned my I.W.S. and from there the material goes to another center in the Bronx. In an effort to better understand the process, he and Trustee Gluck will be visiting the I.W. center in the near future and will report back to the Board in October. In the meantime, it was agreed that Sterling Carting, and more specifically Billy, provides a level of personalized service that would not be guaranteed were the Village to change vendors. Financial Report/Infrastructure Discussion – Trustee Barnett presented the Board with a consolidated report outlining Village financials for the period June-August of 2018. Noting that the Board does not regularly discuss Village Finances in their monthly meetings, he further explained that the report before them was comprised of reformatted data from the Villages’ QuickBooks presented in a clear way for the purpose of educating the public with regard to the Village finances. He firmly believes that if the public were better educated in the financials of the Village it would be a good thing. He is hoping to collect both feedback and advice based on the report so that he can in turn modify it in a meaningful way and then present it on a quarterly basis. To view the report, click here.
Various parts of the report were then reviewed and discussed and this lead to a general discussion regarding Village infrastructure. Trustee Barnett maintains that the most important thing that the Village has to worry about financially is infrastructure maintenance. In his view, the Village does not devote enough money and/or attention to capital repairs. According to the report, the Village is currently budgeting $198,000 for these types of repairs. He suggested that they would be putting together a serious capital repair budget that people could understand and monitor as time goes on. Just this year the Village discovered that there had been no maintenance done on the Ridge Road water tanks in over 20 years. Subsequently, they invested roughly $80,000 in each tank and in so doing, prolonged their life span.
Mayor McFadden suggested that if they were hoping to “truly get a handle” on the infrastructure they would need to have the engineers come and evaluate things and give them an accurate idea of the conditions they were facing and the life span of various bridges, dams, walls, pipes etc.
Trustee Barnett responded that they were in the process of doing this.
The Mayor commented that he felt it was a great idea, further suggesting that a long-term schedule would help insure continuity when the Board turns over.
Trustee Coen suggested that two things were being proposed. The first is a schedule for annual maintenance, which needs to be developed. The second is the establishment of a Capital Improvement “to do” list, which the Board will then prioritize. She wondered what the timeline was on getting these two things moving.
Trustee Barnett responded that he would like to see them organized by the end of the year. He reiterated that his idea/plan was to produce a capital budget that everyone could view and understand and that taxpayers could use to hold future Boards responsible. “Had we done this on the Lake ten years ago, we wouldn’t be facing the huge costs that we are facing now,” he stated.
The Mayor suggested that establishing a program for repairs would also clarify tax increases moving forward as well and would provide rational for exceeding the tax cap if that should become necessary. “Other than safety, I think our biggest challenge is infrastructure that is aging,” he added.
Trustee McHugh commented that for the first time in this years’ budget, they had actually held the different departments feet to the fire in terms of what an accurate maintenance number was and they intend to follow though on this, which is providing for greater granularity there. He further commented that he did not feel they would be able to produce a finalized product in the form of a list that could be acted on immediately. There would be learning curve in terms of collecting information. What they are trying to do is move things forward with a constructive dialogue.
Mayor McFadden agreed, noting that there would need to be a lot of flexibility within the plan as they would not be able to anticipate all the bumps in the road that they would encounter.
Trustee Barnett suggested that ultimately the solution lies with the citizens of Tuxedo Park. For the last 15-20 years the various Boards have known that the Village is losing at least ½ of the water that is pumped through the station. “What are the implications of this? The residents have never held us accountable! I have never heard a discussion at election time where this is an issue.” He believes that creating the list will be providing the people with a way in which to hold the Board accountable.
From the audience, Jim Hays commented that the water issue had definitely been addressed by previous Boards and that many different avenues had been explored…some successful in finding some of the leaks and others not. “It’s not so easy…it’s hard,” he stated.
The conversation then returned to Trustee Barnett’s report.
Mayor McFadden commented that there had never before been a presentation to the community on a quarterly basis. He suggested that doing this would allow for the public to have more input.
Trustee Barnett agreed, adding that as a Board, they rarely talked about the financials outside of the vouchers.
Trustee McHugh disagreed, commenting that during the budgeting process they did so a deep dive into the financials.
Trustee Barnett responded that in his experience working as CFO of an insurance company in the city as well as the Diesis of New York, his responsibilities included making quarterly reports in addition to preparing a budget and that this Board had never, to his knowledge, put forth quarterly reports.
Trustee Gluck suggested that he went through the detailed financials on his own each month and when he had questions, he asked them of Debbie. He agreed that they did not, as a Board, have either an annual or quarterly discussion about expenses or trends, which could be extremely helpful.
Trustee Coen agreed, commenting that she felt it would be useful if they could get trend highlights on a quarterly basis.
There followed a debate over the effectiveness of QuickBooks.
The Mayor commented for the record that he wanted folks to know and understand that the Board was very aware of the numbers and that they did check them monthly and that Trustee Barnett’s’ efforts to make the figures more palpable and understandable was a bonus, or in addition, to all the work they have already been doing.
Trustee Barnett replied that he heard what the Mayor was saying, but he did not agree with him. Village Fine Schedule – Trustee McHugh noted that there is a pressing issue with certain properties that are not being properly taken care of in the Park. John Ledwith has been making a concerted effort to reach out to the homeowners and remediate the situation. There are now two homeowners who have been issued summonses to appear in Village court. The penalty is $250 per day, but the judge has suggested that might be beneficial to have a sliding scale depending on how bad the violations are so that there is some flexibility to show some latitude. The two properties that are currently scheduled to appear are incredibly egregious and Trustee McHugh does not recommend leniency in those cases, but wondered whether or not the Board felt they should rethink the issue based on the judges’ suggestion.
Trustee Coen wondered whether there existed an established process for this sort of thing that was enforced uniformly.
The answer was yes.
Mr. Ledwith noted that there really were not a large number of non-compliant cases; rather there is a backlog of them because the Village has not been escalating matters to next level. They have been reluctant to take people to court. There are currently 3 issues that are over 4 years old and if they are able to resolve these, there are probably only 3 other minor property maintenance issues to be dealt with.
Trustee Coen suggested that they needed to develop and put in place an established process which needed to be followed at all times, save extenuating circumstances.
Mayor McFadden agreed noting that this was another area that seemed to suffer from inconsistency whenever there was Board turnover. Continuity is needed.
Ultimately it was agreed that they would review the current process over the next few weeks and revisit at the next meeting. Generator Bid – The Dow family generously donated a generator to the Village. As it was too powerful for any of the Village facilities so it was subsequently declared surplus. Village residents Claudio Guazzoni and Rob Zgonena expressed interest in it, but when it was put out to bid, no bids were received. They are now investigating the possibility of swapping it through a vendor in hopes of obtaining one that will be more appropriate in size for the Village buildings. It is their hope to have a conclusion to report on at the October meeting.
Public Comments:
Tom Salierno wondered whether or not the Village had given any thought to retaining walls as part of their infrastructure planning. He noted that there was one wall in particular on the way up to TPS that was concerning.
The Mayor responded that they had not looked at walls, further noting that the issue of ownership and subsequent responsibility could be an issue with many of them just as it had been along the causeway several years prior. There have also been instances where walls have been amicably repaired. It was agreed it would be looked at moving forward.
Referencing the new bench/pew style seating in the meeting room, Joan Alleman congratulated the Board on what she called a “handsome rejuvenation of the Board room.” She wondered where the benches had come from.
It was explained that they had been obtained via $30,000 Judicial Grant.
Other Business/Old Business Revisited: Lakes – Trustee McHugh reported the Village was continuing to participate in the CSLAP program. They are six samples in and hope to have all eight samples completed by October 4. There will be a phragmites survey the week of October 1 and both Tuxedo Lake and Wee Wah will be surveyed the week of September 24 by Solitude Lakes Management. Wee Wah Dam – The operation of the knife gate valve on the spillway continues to be an issue. It does not function. Workers must go down into the chamber to open and close it manually. When this was done two weeks ago, the worker who opened the valve straddled it when doing so and the water exploded out fiercely, preventing him from climbing out and leading his co-worker above to assume the worst, which was that he had been killed in the explosion of water. Police, fire officials and EMT were all on the scene, where thankfully the worker was able to climb to safety. Village DPW is not allowed into the spillway. The Village is engaged in an argument with the manufacturer who designed the valve as well as the contractor who installed it. Things are unfortunately at somewhat of a standstill. The rest of the project is 98% done. The Village has decided to do several things in-house in an effort to keep it moving along. They have not physically done this work yet though as they are waiting to negotiate credit with the contractor. Until they have a monetary agreement in place, they don’t want to do anything. In the meantime, the Village Engineer attempted to reach out to the manufacturer and the contractor took offense to this as he believes he is the one who should rightfully manage this relationship since they are subs to him and the Village was then cut out of the process. Eventually this will be resolved but, unfortunately, the Village does not have any control over the timeline. In the meantime, the knife gate valve is currently closed, which will allow the lake to start refilling. SRO Officer in the Tuxedo Union Free School District – Trustee Coen reported that although the Village had been pursuing providing the school with an SRO (School Resource officer,) unfortunately because of issue with a potential improper action charge being filed by the Police Union, the Town Board decided not to move forward with the inter-municipal agreement that would have allowed the school to hire the Village police. Instead, the school signed a 1-year contract with the Orange County Sheriffs Department. Rabid Animal Protocol – Following up on a discussion that took place during the August meeting with regard to the shooting of foxes, Trustee Coen reported that she spoken with both the Chief and Sgt. Taback about their protocol. Following those discussions Trustee Coen collected some additional information regarding protocol from DEC enforcement officers, Cornell Cooperative, the Orange County Health Department and the Rockland County Department. She will now be meeting with the Chief again to discuss these findings.
Special Village Board Of Trustees Meeting September 11, 2018
The Village Board of Trustees met on Tuesday, September 11 at 7pm. Mayor McFadden was not present, but dialed in so that he could listen to the meeting from a remote location.
The purpose of the meeting was to discuss potential shared service agreements between the Village of Tuxedo Park and the Town of Tuxedo. Back in 2017 the State of New York established a reduction initiative, commonly known as the Shared Services Plan Initiative. Through the plan, the State is encouraging municipalities to partner together by sharing various services for the purpose of reducing the overall costs to taxpayers. Whatever monies are saved by the municipalities who join forces is returned to the Towns by the State, thus becoming a “windfall” for these municipalities in addition to the money they are saving by sharing the services. Each year the State allocates a set amount of money for the initiative and each County chooses which shared services arrangements they want to move ahead with, which they in turn present to the State requesting matching funds. The Village of Tuxedo Park and the Town of Tuxedo were given 4 suggested shared services plans, which have been included in the Orange County plan. They are:
The Village would share the Town’s salt storage facility on Long Meadow Road.
The Village would share the Town’s courtroom, as the Village courtroom does not meet the recommended standards for best practices for security and safety.
The Village and the Town would share a tax assessor.
The Town and the Village would share record storage space either at a facility the Town is planning to create/construct OR by sharing the cost associated with using the company Iron Mountain for record storing services.
These are suggested, potential shared services plans. While some due diligence has been done, they have not been fully vetted. The way the process works is that both the Village Mayor (or Deputy Mayor) and the Town Supervisor (or Deputy Supervisor) must both send emails confirming that they are supportive of the plan in theory. They will then be submitted to the State for approval. By submitting them to the State, neither the Village nor the Town is under any obligation to move forward with any of the proposed plans. If and when the State accepts them, the next step will be to examine the plans fully in order to determine whether or not the Village and Town want to move forward with any of them. Submittal is in no way a form of commitment for either municipality.
Deputy Mayor McHugh wondered why I.T./New Windsor for the Police was not included as a 5th plan.
Trustee Coen responded that she had been working to get clarity on this, but had not received an answer yet.
It was suggested that it be added.
There followed a lengthy discussion concerning the proposed plans and various concerns and questions associated with each.
When the public was called upon for comment, Mayor McFadden chimed in, suggesting that what was before them currently was neither the approval of nor a commitment to any of the proposed plans. Rather, they were simply being asked to support the initiative by officially proposing potential shared service plans to the State. The State is trying to determine whether or not the initiative is worth their while by analyzing the number and type of proposals they receive. He reiterated that approving the submission was in no way a commitment of any kind for the Village. There is no guarantee that any of it will come to pass. He likened the Village making this submission to them “doing their civic duty” and pointed out that there would be no downside to moving ahead with it.
Trustee Barnett agreed with this, further suggesting that if the State approved the plans, then they could analyze and discuss the details associated with each. He then made a motion in support of moving ahead.
Trustee McHugh replied that he felt people would want to know what the incremental costs and resulting savings would be. He suggested that he had some issues with the idea of sharing courts.
Likewise, Trustee Gluck has some issues with the shared assessor.
It was reiterated that moving ahead now would not constitute a commitment on the part of the Village to move ahead with any of the proposed plans. If the County and State support them, then the Village can take the time to analyze their return on investment for each and either accept or deny as they see fit.
Trustee Coen pointed out that in order for any of it to move forward, the Town would also have to be supportive. In her conversations with Supervisor Rost, she had come to learn that some of the Town Board members were questioning the plans as the Village would be the sole beneficiary of the shared services and the Town would not be getting anything in return. In an effort to address this issue and hopefully incentivize the Town to support the plans, Trustee Coen suggested that the Village offer to split the money received from the State with the Town as compensation for their services.
This idea was then discussed at some length.
As an official motion/vote was not required in order to move forward, once their discussion had concluded the Board took a straw-poll in which it was determined that they were in unanimous support of moving ahead and supporting the process.
Next, the Board very briefly discussed the Continental Road Project. At a previous meeting, the scope of this project was officially changed and as pipe replacement and road reconstruction will no longer be taking place, it was necessary for them to officially reject the bids they received for that project.
They voted unanimously in favor doing so.
Finally, the Inter Municipal Agreement with the Town as it pertains to the Police and specifically the Village’s proposal/bid for a contract with the School for an SRO officer was discussed. There have been issues between the Town of Tuxedo and their police department with regard to that departments’ ability to take on the work as it pertains to the PBA union contract. The Village has submitted a proposal. In order for the Village Department to assume the position, the Town must sign an inter-municipal agreement giving the Village Police jurisdiction in the school. This was initially negotiated between the department chiefs. However the Town Departments’ PBA rep, Officer Shiloh, has recently indicated that if the Town signs the agreement and allows the school to move forward with the Village, the police will file an “improper action” charge against the Town. Although “one last ditch effort” is being made to have the Village and Town Departments discuss the issue, Trustee Coen indicated that based on a conversation she had with BOE president Allyson Arber, it is unlikely that the school will proceed with signing a contract with either department. Rather, they are looking to hire a County Officer.
The Board was in agreement that the situation was disappointing as the Village had been working diligently to help provide the school with the service and they believe that the District and, more importantly, the children would be better served by a local department. It was agreed that a representative from the Board would attend the Town Board meeting on September 12 in order to publicly express this sentiment and put it on record.
Notice of Special Village Board Of Trustees Meeting September 11, 2018
The Board of Trustees of the Village of Tuxedo Park will hold a special meeting on Tuesday, September 11, 2018 at 7:00 p.m. in the Village Hall, 80 Lorillard Road, Tuxedo Park, NY, for the purpose of a discussion on shared services and any other matters that may come before the Board.
Special Village Board Of Trustees Meeting September 7, 2018
The Board of Trustees of the Village of Tuxedo Park will hold a special meeting on Friday, September 7, 2018 at 8:00 a.m. in the Village Hall for the purpose of approving the final draft grant application for I&I work and authorizing the submittal of the application to NYS EFC, executive session for discussion of employment of a particular person, and any other matters that may come before the Board.
Special Village Board Of Trustees Meeting September 5, 2018
A special meeting of the Board of Trustees will be held on Wednesday, September 5, 2018 at 8:00 a.m. in the Village Hall, 80 Lorillard Road, Tuxedo Park, NY 10987 for the purpose of approving the submittal of a grant application to EFC for I&I work, completion of other grant related documents, executive session for a discussion of employment of a particular person, and any other matters that may come before the Board.
The Village Board of Trustees met on Wednesday, August 15 at 7pm. All members were present.
Mayor’s Comments:
Mayor McFadden began the meeting by welcoming everyone and thanking them for attending. He apologized for misrepresenting the date of the meeting in an email he had circulated the week prior, noting that he hoped this was not the reason for lower attendance.
Department Reports: Police – Chief Melchiore reported the following for the month of July:
Non-Criminal Complaints – 400
Criminal Complaints -1
Property Damage Accidents – 2
Traffic Tickets – 45
Traffic Warnings – 3
Intrusion Alarms – 2
Medical Calls – 2
Fire Alarms – 9
Assists Given to the Town of Tuxedo – 1
Assists Received by the Town of Tuxedo – 1
Assists Received by Other Police Agencies – 1
Vehicle Tags Issued To Date – Resident – 892 / Non-Resident – 227
Miles Patroled – 2,662
Additionally, approximately 1,300 vehicles entered the Village via the Front Gate.
Dena Steele commented that she had been made aware earlier in the summer that the Police had reported shooting 2 foxes that they suspected of having rabies. Now she understands there has been a third incident. She has been in touch with both the Humane Society and the DEC Wildlife Health Unit. Their opinion is that it is very common that foxes are out during the day time as they feel very comfortable around people. Their behavior can seem almost brazen. It is extremely rare that red foxes have rabies and very difficult for an observer to determine whether they do. Now that there have been three suspicious cases, she wants to make sure the Village is calling the Department of Health in Orange County and asking them what the correct protocol is. They will ask whether or not an autopsy has been performed and if so, what the results were.
Mayor McFadden responded that he was aware of this incident. At a previous meeting, Officer Taback had reported shooting a fox that was afflicted with rabies and when questioned as to how he knew the animal was infected, he responded that it had been frothing at the mouth.
Trustee Coen commented that she wholeheartedly supported what Ms. Steele was saying. She believes that the Village should be conducting rabies tests. If there is an animal that is suspected of the disease, they should contact the DEC and confirm it and if the animal is killed, it should be tested. She suggested that one could not make the assumption that certain animals were rabid simply because they were out during the daytime.
Ms. Steele inquired of the Chief whether or not the body had been sent to the DEC for testing and he responded that he did not know offhand and would have to look into it.
There followed a discussion regarding whether or not something needed to be done to change Village protocol. It was agreed that Trustee Coen would take the lead on this.
Trustee Barnett commented that he felt that if the police discharged a weapon in the Park, for any reason, it ought to be reported. He wondered if this could be included in the monthly report.
The Mayor asked the Chief whether there was a current protocol for reporting on this, and the Chief responded that they did keep of track of it. In looking at the abbreviated report he had in front of him however, all it said was “animal complaint.” He further indicated that moving forward he could make the change with animal complaints to reflect the number of shots fired.
Trustee Coen pointed out that what Trustee Barnett was looking for was the total number of times weapons were discharged altogether and not just as it pertains to animal complaints.
Trustee Gluck suggested that think about this for a month before moving ahead. He indicated that he felt they should have some “off-line” discussion about it as there was already a protocol for record keeping, which could be tightened up moving forward, but they needed to determine whether or not they wanted this information published widely.
Trustee Coen responded that it was public information.
Ultimately, it was agreed that the topic would be tabled and discussed at next month’s meeting. DPW – DPW Superintendent Jeff Voss reported that the department had been very busy with work at the Racetrack as well cleaning up various triangles throughout the Village. Additionally, they replaced a drain pipe on Tuxedo Road and completed prep work for chip sealing of many roadways, which is scheduled to take place on August 16 & 17. Roads to be chip-sealed include: Fox Hill, Pine Hill, Acoma, Eagle Mountain, Cannon Hill. Signs have been posted at both entrances and “Loose Stone” signs will also be posted at each location. After the chipping is complete, the roads will not be swept for a couple of weeks. The Department will also be paving some roadways. This work will be taking place mid-September. Roads to be paved include: East Lake Road from Crows Nest to the South Gate, the top of Cliff Road and Club House Road from Continental Road to the Tuxedo Club Triangle.
Referencing the Village’s “curb appeal strategy,” which is the Village’s plan to generally clean things up and make the community look good, Mayor McFadden noted that work had already been done around the Gate House and work along the Causeway was beginning. He further suggested that there might be a good argument to be made about moving certain trees along the Causeway because if they were to fall over, the root structures are sometimes brought up and this could result in asphalt getting into the lake. He suggested they talk to the DEC about this.
Meg Vaught inquired whether removing these trees would adversely disturb the vegetative buffer between the Causeway and the lake, thus allowing for more run-off of road salt etc., into the reservoir.
Mayor McFadden responded that this was something they would certainly consider and that they were only in the beginning stages of discussing it.
Trustee Coen reported that there is a stop sign at the intersection of Pine Hill and Ridge Road that is impaired by overgrowth.
The Superintendent agreed to look into this. Building Report/Capital Report - Click here to view a copy of this report.
Village Attorney Report:
Village Attorney Brian Nugent reported that with the exception of a few motions having been filed in both the Guinchard and Guazzoni cases, there had been no changes in litigation matters since the report he provided at the July meeting.
Report by Town Board Member of Trustee Liaison:
Town Board member Michele Lindsay reported that she and Trustee Coen had met and were working on a plan for shared services between the Town and the Village. Mayor McFadden and Supervisor Rost are scheduled to meet on August 28 to discuss some of these things further.
People have been very curious about the potential sale of the Tuxedo Farms property to Draggonsgate. To date Draggonsgate has not put in a bid on the property but if they do, Mrs. Lindsay commented that she hoped residents would begin coming to meetings and getting more involved.
There will be a community concert at Powerhouse Park on October 6. The rain date is October 7.
Primary elections will take place in the State of New York on September 13 and Mrs. Lindsay encouraged folks to educate themselves and make sure to vote if applicable. There will be primaries for Governor, Attorney General, State Senate and State Assembly.
Trustee Barnett commented that he understood there was to be some sort of special meeting on Tuesday the 21st and wondered what it was all about.
Mrs. Lindsay informed him that it was a meeting of the Local Development Corporation. The LDC will be reviewing applications from Michael Bruno, Tuxedo Dairy and Steve’s all of whom will be applying for grant funds.
Trustee McHugh asked what had transpired with the Architectural Review Board, noting that at the previous meeting Mrs. Lindsay had indicated that the Town was considering eliminating this Board altogether.
Mrs. Lindsay responded that the issue seemed to have been moved to the back burner over the summer but that she anticipated they would be discussing it again come September and she was hopeful that they would be setting a public hearing at their next meeting.
Mayor McFadden wondered whether or not the Town had considered having a liaison to the Village who could report on Village happenings at public meetings much the way Mrs. Lindsay does. Trustees Coen and Gluck do attend the Town Board meetings, but they do not provide any sort of report while there. It was agreed that this idea would be explored.
Public Comments:
Dena Steele inquired as to the status of the Princeton Hydro request for a Eurasian Water Milfoil proposal, a cost update for their original lakes management plan. Specifically she wanted to know whether there had been any updates on this or any response from Princeton Hydro.
Trustee Gluck responded that Jim Hays had been in contact with Princeton Hydro trying to set up a site visit for mid-September.
Next Ms. Steele noted that there had been a plant study done on pond #3 prior to the chemical treatment and she wondered if this was available to the public, noting that she had attempted to FOIL it but had been unsuccessful.
Trustee McHugh responded that the report should be available and that they would get it to Ms. Steele.
Ms. Steele then wanted to know the status of the fragmites study.
Trustee McHugh informed her that the study would be done in the fall by Solitude Lakes Management. It will cost $1,900.
Ms. Steele wondered how many more C-SLAPS samples had been collected.
The answer was 3.
Ms. Steele next noted that there had been a line in the budget for the stocking of fish and she wondered if this was still set to occur.
Trustee McHugh replied that stocking had not been done yet for this year but it remained a possibility.
Finally, Ms. Steele commented that there had been money available for hand harvesting and vacuuming of milfoil and she wondered if this was still under review and consideration for this season.
Trstee McHugh responded that in his opinion it was not under consideration for this season but it was still under consideration for the fiscal year. They have commissioned Solitude to do a plant survey so that they will have 2 data points that will allow them to determine what the effect of doing nothing has been.
Before moving on, Mayor McFadden noted that moving forward commencing in the fall the CSLAPS program would be under the jurisdiction of the Lakes Committee and not the Board of Trustees.
Ann Ho commented that she was looking for clarification with regard to the policy concerning pedestrian traffic in the Park, specifically folks being ticketed and/or asked to leave the Village. She finds it very disconcerting that friends of hers who have been biking and walking in the Village for 15-20 years are now being asked to leave. She would like to know what the rationale for this is. She went on to say that she wanted to talk about the LaBar family in particular as they had lived in the South Gate house for 15 years. Mr. Labar is a 30-year veteran of the DPW and for his wife and children to be told they cannot ride their bikes in the park is in her view unacceptable. Children have been stopped. Her own daughter was stopped attempting to enter the Village through the back gate and was told she had to remain there until a policeman could come and verify her identity. This seems extreme to her. She believes guests should be able to identify who they are and where they are going and then allowed to go on their way.
The Mayor assured Mrs. Ho that this was the policy. Guests must simply identify who their hosts are upon entering.
“So people aren’t being stopped on the road and asked to leave?” she replied.
The Mayor deferred to the Chief, who noted that since April there had been three instances of trespassing in the Village.
Trustee Coen pointed out that what the Chief was referring to was citations but what Mrs. Ho was talking about included verbal warnings as well.
Mayor McFadden assured Mrs. Ho that the Board was aware of the situation and had been discussing it with the police in an effort to work through it.
Trustee Coen agreed with this. She further commented that the currently in order to enter the Village one had to be a guest of a resident or property owner. If an individual is not an invited guest, this raises questions as to whether or not that person should be allowed into the Park. If Mrs. LaBar is the guest of a resident, then she is entitled to be in the Park.
Mrs. Ho wondered if this was the case even if she was not with her while she was biking.
“We have to work that out, for a variety of different reasons,” responded Trustee Coen. She further noted that sometimes people said they were invited guests at the gate when really they were not.
“We are trying to generate something that is consistent and fair and provides people the opportunity to recreate as well as security for the residents,” stated Mayor McFadden. He further commented that there are currently 25 part-time officers working in the Village who are not visually familiar with who the residents are.
Mrs. Ho replied that this was another, important issue.
Meg Vaught wondered what the protocol was when individuals were stopped and specifically whether or not they were being dealt with in a friendly manor or if they were being treated as criminal trespassers. She feels people should be dealt with in a friendly way, particularly children.
The Mayor reiterated that they want to present an open and transparent face to the Village and they are balancing this the need for security. He further noted that Trustee Coen had taken the lead on this issue and was spearheading conversations with the police about it.
Mrs. Vaught added that in terms of promoting good relations between the Town and the Village it was very important that this be handled correctly.
“There is no us or them”. It’s we,” replied Trustee Coen.
Mrs. Ho and Mrs. Vaught agreed and thanked Trustee Coen for this statement.
Ellen Gluck wondered if they might develop a guest list to be kept at the Front Gate.
Lili Neuhauser pointed out that historically the Wee Wah Beach Club had such a guest list and it had been a nightmare.
Trustee Coen asked that everyone email her their ideas, reiterating that they are doing everything they can to work through this..
Michele Linday requested that residents who border Sterling Forest are concerned about hikers and hunters who enter the Village through the woods. She wondered if they had ever considered posting signage.
Mayor McFadden assured her that this very thing was currently in the works and that they would be discussing verbiage for the signage in the near future.
Committee Reports: Wee Wah Dam – Trustee McHugh reported that the DEC had visited the Village shortly after the last BOT meeting but they didn’t like the armor stone and minor alterations had to be made. Once these were completed, the DEC returned and granted the Village approval to fill the Wee Wah on August 13. The recent rains have resulted in a 4-foot increase in the lake, which, while helpful for refilling efforts, is now preventing the contractor from finishing up various aspects of the project that still need work (knife-gate valve, etc.) This has created some dispute as the Village will now need to lower the levels in order to allow the contractor to remediate the issues. “It continues to be an unpleasant situation,” he added. In addition to the issues with the contractor, the Village continued to have to pay the engineer to remain onsite and monitor the project. Resolution – CHA EWA #12 – The Board voted unanimously in favor of approving CHA EWA #12 in the sum of $25,100 for the engineers’ continued oversight on the dam project from July 14 through its anticipated completion.
Meg Vaught wondered if the Board could provide a total cost for the dam project to date, including all of the overage and contingency fees that have been paid.
Trustee McHugh responded that they had paid 3.1 million to the contractor and were holding back just under $200,000. All of the EWAs on the engineering have “chewed up” an additional $280,000 as substantial completion was meant to be in December of 2017 and all of the issues they have experienced with regard to water management have been the result of the contractor not conforming to the original contract.
Mrs. Vaught wondered whether the Village intended to engage the contractor in an effort to recoup some of these costs following the completion of the project.
Trustee Mchugh indicated that there were ongoing discussions with regard to resolving the issues and keeping the project on budget.
Old Business: Continental Road Project – Trustee McHugh reported that the Village had gone out to bid for the Continental Road project, which included reconstruction of a water main and repaving of the road. Prior to the 4.1 million dollar bond issuance for capital projects that the Village did in April of 2017, they had received an estimate for the project from the engineer of $391,000. In consulting with some of the contractors a year later the estimated numbers had jumped up to $577,000. When they put the project out to bid, the lowest bid received was $715,474 while the highest was $1,358,532.
(To view the Bid Results analysis click here)
When they did the bond issuance they were assuming that the road repair would be roughly $200,000 but it has come in north of $400,000. The water main component is around $350,000. The assumption had been that this funding would come out of the Water Department surplus, but the expense is too high. Given the magnitude of these numbers, they have explored the costs of simply stripping and repaving the roadway. This will cost an estimated $85-100,000. The Village is now faced with deciding whether or not they want to fix road only or move ahead with the entire project as originally planned at a much higher cost, even though they are unsure that the water main in question is directly tied to the water loss. They have been proactively researching various ways of determining where the leaks are, including the use of helium detection and also noise monitoring.
Trustee Coen added that New York State offers clean drinking water grants and the Village could possibly receive up to 60% of total project cost if they are chosen. This project qualifies and if the Village were awarded the grant, they could receive $450,000 towards the overall cost of the project. The grant applications are due September 7. The Village has done their due diligence and is ready to bring a grant writer in to assist them with getting the application done on time. There is no guarantee that the Village would receive the grant however, the fact that the cost of the project is relatively low compared to other eligible projects and that it is shared between two municipalities (Town and Village) could work strongly in their favor.
There followed a lengthy discussion about whether the Village should pursue the project and apply for the grants. Click here to listen to this discussion.
Following the discussion, the Board voted unanimously in favor of setting a special meeting for Friday, August 17 at 10am for the purpose of holding a discussion regarding the hiring of a grant writer/engineer with regard to applications for EFC grants. And for any other matters that may come before the Board. Lakes Report – Trustee McHugh reported that while on Pond #3 the previous week, he and Trustee Gluck had noticed what they believe to be a blue/green algae bloom and so they took samples for testing. Based on recent readings, they are also concerned about the clarity of Tuxedo Lake. They sent samples from both lakes to Solitude Lakes Management, who has recommended a copper sulfate treatment be done on Tuxedo Lake. This has been scheduled for Friday, August 17. This will be the first such treatment on Tuxedo Lake this year. With regard to the Pond #3 sample, the blue/green algae was confirmed. The Village has since notified the DEC that they intend to do a Cutrine Plus treatment on that lake. This required a 7-day notification period and will therefore take place on Wednesday August 22. A notification will be sent to residents via Code Red advising them not to swim or allow their pets to swim in that water. Lastly, CHA (Dam Engineer) has recommended a couple of devices, which he and Trustee Gluck are looking into, for the purpose of collecting fragments of algae and milfoil prior to them flowing down into Pond #3.
Trustee Gluck further reported that they had also done their best to repair openings in the barrier at the south end of Tuxedo Lake in order to prevent the milfoil there from splitting and propagating.
New Business: Resolution – Appoint Cooper Arias as Village Accountant for the Fiscal Year 2018-2019- The Board voted unanimously in favor of this appointment. General Code Estimate for Village Code Book Update – Village Clerk Debbie Matthews explained that the Village Code has not been officially updated since 2011 and since that time there have been a number of local laws. The proposed service would update the code to include the new local laws and also go through in order to ensure that the new laws are in sync with the rest of the code. The associated with these services is roughly $3,800.
There followed a discussion as to whether or not the Village should pursue the service. Ultimately it was determined that all of the more recent local laws are clearly listed on the Village website and they are also listed along with the code, albeit they are not incorporated within it. As the expense was not budgeted for, the Trustees decided not to move forward with the service at this time. Inter-Municipal Agreement for School Safety Services – Trustee Coen commented that the Village had bid on the job and was in the process of negotiating an IMA with the Town. She wondered whether or not it was necessary for them to vote on the IMA that evening.
Board attorney Brian Nugent pointed out that is was not actually a bidding process as the School District could ultimately choose whom ever they wanted for the job. That being said, there currently exists the issue of price and also whether or not the Town is going to be a party to the agreement. He has reached out to the Town Attorney to find out where they stand, but has not received a response. Trustee Coen suggested that if the agreement were to move forward, it would have to be entered into prior to their next meeting. It was suggested that this could be discussed further on Friday.
Mayor McFadden stated that he did not feel comfortable moving forward as they did not have enough information at this point in time to do so. He would like to see an “apples to apples” comparison between what the Village has offered and what the County is offering for the services. There is also the pending issue of the Town’s involvement.
Mr. Nugent pointed out that the Town would not actually be doing anything. Because they provide a police service of their own, they need to be a party because the Village officers will be coming into the Town and they need the authority to act. In other words, in order to extend the powers of Village officers outside of the Village, the Town must be agreeable. They will not have to pay anything or do anything at all for that matter, aside from agreeing to allow it to happen.
Mayor McFadden asked Meg Vaught, who is a member of the Board of Education, whether or not she was aware of the situation.
She responded that she was, although she had not seen either the proposal from the Village Police or the County. She further stated that they had been waiting to see what would happen with the IMA.
“It’s more bureaucracy than anything else,” replied the Mayor.
He then inquired whether or not this was something the School Board desired to move forward with.
Mrs. Vaught responded that it absolutely was, noting that the safety of the students was paramount. She further noted that they had hoped to have something in place for the start of this school year, but due to the complications with the IMA, it seemed uncertain as to whether or not this would actually occur.
Trustee McHugh wanted to know whether or not the Board was planning to vote on it at their August 23 meeting.
Mrs. Vaught replied that she had not seen an agenda, but she did not believe they would be voting on it as they had not seen any of the associated proposals and without the IMA, it was not certain that it could move forward. That being said, she noted that she believed it would certainly be discussed.
Trustee McHugh wondered whether or not the discussion would take place in public.
Mrs. Vaught replied that as it pertained to a possible contract negotiation, she was not sure.
Mayor McFadden asked Town Board member Michele Lindsay whether or not she had any insight and Mrs. Lindsay responded that they had not discussed it. Their most recent meeting was cancelled due to lack of quorum and the next meeting would not take place until August 27.
Trustee Barnett suggested that there were still a number of pertinent questions with regard to the agreement. He wondered how they had reached a point where they were preparing to approve it.
Mayor McFadden responded that this was not the case. Since their last meeting a draft agreement for the school had been prepared but nothing had advanced with it.
Public Comments:
Lili Neuhauser commented that the Village had done an amazing job clearing dead trees and cleaning up Village property. That being said, she has noticed that there are still a lot of dead trees on private property hanging/leaning over the roadways. Additionally, 3 months ago a streetlight on Stable Road came down with a giant tree and it has yet to be replaced. She wondered whether it would be replaced.
Mr. Ledwith responded that it had been reported to Orange and Rockland.
Mayor McFadden added that they had been systematically going through properties to make sure that things are in compliance with regulations. A number of residents have been notified of situations and most have been responsive although some are admittedly taking a bit more time than others.
Trustee McHugh added that that in some cases tickets to appear in Village Court have been issued and that the Village is taking it seriously as they realize that this is an issue that affects all residents.
Following the approval of minutes and the signing of vouchers, the Board adjourned into an executive session for the purpose of discussing pending litigation, employee issues and a public
The Village Board of Trustees met on Wednesday, July 18 at 7:05pm. All members were present.
Mayor’s Comments – O & R:
Before discussing O & R, Mayor McFadden formally welcomed new Trustee Maureen Coen to the Board, commenting that he had looked up to her for many years and was excited to be working with her in this capacity.
The Mayor and Trustee Gluck recently met with the head of the region along with other O & R execs to discuss power issues in the Village. What they learned was that the Village system is extremely antiquated and many of the issues the community regularly faces cannot be solved until it has been updated. The utility company has presented the Village with a two-year plan for making the upgrades. It will be done in 4 quadrants. The first thing they will be doing is mounting their Wifi control system throughout the Village, which will enable meters to automatically talk to the O & R system. Once in place, if the power goes out, the meters will report the issue to O & R directly, alleviating the need for a phone call altogether. They have also begun removing hazardous trees throughout the Village. Tree removal is also something that individual property owners must be diligent about. The O & R follow up letter can be found on the Village website.
Department Reports: DPW – Superintendent Voss reported that the department has been busy at the Wee Wah Beach property removing trees, weeding and performing general cleanup work. They have also installed a dog waste station there and are hopeful that residents will utilize it to clean up after their pets. Additional work this month includes repainting of the double yellow lines in front of the Main Gate, sanding and painting the rails at both the Keep and the Lodge, weed whacking by the Wee Wah dam, maintenance work at the Racetrack and replacing parts on the filter at the water plant.
Looking to the future, Superintendent Voss noted that following Village Roads are slated to be chip sealed: Pine Hill, Fox Hill, Cannon Hill, Eagle Mountain, South Lake Place, West Lake Drive and Acoma Road. East Lake Road from Crows Nest to the South Gate, the top of Cliff Road and Chastelleux Lane will be paved.
Mayor McFadden inquired as to whether or not there were any plans to pave “the southern causeway” (West Lake Rd on the south end of the Tuxedo Lake) and the answer was that patching would be done there and many other places throughout the Village.
Trustee Gluck requested that caution signs be installed after the chip seal has been done to alert drivers of the lose stones. It was agreed that this would be done. Police – Chief Melchiore reported the following for the month of June:
Non-Criminal Complaints – 428
Criminal Complaints – 7 (4 closed by investigation)
Arrests – 2
Property Damage Accidents– 1
Traffic Tickets – 22
Traffic Warnings – 5
Fire Alarms - 3
Intrusion Alarms – 5
Medical Calls – 2
Assists Given to Town of Tuxedo Police – 5
Assists received from the Town of Tuxedo Police – 1
New Tags Issued – 0
Miles Patrolled – 2,874
Additionally, approximately 1,300 vehicles entered the Village via the Front Gate.
Mayor McFadden inquired as to whether or not the license plate readers or the camera equipment for the Keep had arrived.
The Chief responded that the camera equipment had been installed in The Keep and the feeds were being monitored. Everything is in the works for the license plate readers. It is just a matter of ordering the units and coordinating with an electrician.
The Mayor noted that he felt that one of the advantages to the cameras was that should there be a resident complaint about the Gate being left open or not being opened, they would be able to refer back to the cameras to find out who was on duty so they could “work it from the bottom up.”
Dena Steele inquired whether there was any update on the status of the human remains that were found in the Wee Wah.
The answer was no. At this point it is up to the lab to complete testing. Capital Projects/Building – Click here to view a copy of this report.
At the Mayor’s urging, Building Inspector Ledwith provided a brief over-view of the Continental Road Project, which is ready to go out for bid. The project initially began as a repaving of Continental Road but prior to repaving it, the Village feels it prudent to take care of the infrastructure beneath the surface. The water line that runs from the bottom of club House Road to the intersection of Wee Wah and Laurel Roads is one of the original Village mains. It is a dead-end line, which has accumulated a lot of sediment due to low usage rates. Engineers have been asked to look at a way to replace it. The Village will also be bringing the line into compliance in terms of the number of hydrants along it as well as meeting the Health Department’s requirement that it be at least 10 feet away from the sewer line. (Most of the lines in the Village are very old and practically on top of each other) The end of the line will be looped with an existing line on Lorillard Road, which will hopefully reduce the amount of sediment. Once all of this has been completed, the lower half of continental Road will be paved.
Village Attorney Report:
Village Attorney Brian Nugent provided an update on litigation as follows:
Madden – there was an article 78 concerning a FOIL that was dismissed and there is now a motion to reargue. This is currently pending.
Guinchard – there was a challenge to an article 78 concerning a SCAR petition that was filed. There was a motion to dismiss by the Village, which was denied, however there was a legal argument that wasn’t addressed so the Village has submitted a motion to reargue on that a particular matter and is waiting for opposition.
Guazzoni/Zgonena – This was a declaratory action concerning the consulting agreement with Mr. Ledwith. There was a motion to dismiss and the motion was denied except plaintiff Guazzoni was determined not to have standing, Zgonena is the only remaining plaintiff. The court determined that the Village resolution was valid but there wasn’t a document submitted that showed the difference between what the Board looked at vs. what was signed by the Mayor. At the last BOT meeting a resolution was passed to ratify the agreement and based on this, a motion to renew was submitted to the court and they are awaiting opposition.
Chang – this is a tax certiorari matter and it is currently pending.
Zgonena – An insurance carrier is handling this long standing litigation, which is still pending.
With regard to the Guazzoni suit, the Mayor noted that he had been named and wondered whether or not he would be required to pay all of Mr. Ledwith’s back pay if he lost.
Mr. Nugent responded that this was not the case and that Mayor McFadden had been named only in his official capacity and therefore he would not be individually liable.
Trustee Comments and Liaison Reports: Wee Wah Dam – Trustee McHugh reported that the DEC would be coming to inspect the dam on July 25 and if the project passes the inspection it will allow for Substantial Completion, which means that they can begin to naturally refill the dam. This was triggered by the completion of the parapet wall and the installation of the grout on the floor of the auxiliary spillway.
There continues to be some issues with regard to the knife gate valve, which was installed but there have been some issues operating the mechanism. This is pending.
Post-substantial completion the roads will be paved and a draft inspection maintenance plan has already been submitted. Trustee McHugh is not expecting any surprises or deviations prior to the July 25 visit from the DEC. Facing stone does not need to be installed in order for the project to receive substantial completion status as it is viewed to be cosmetic rather than structural.
Mayor McFadden inquired as to whether there were any updates or resolutions with regard to on-going disputes.
Trustee McHugh explained that there were a lot disputes outstanding. The core argument stems from weather related events and how this has slowed down the construction. They have not met with the contractor as their focus has been achieving substantial completion, but they recognize that they are going to have to argue with regard to terms. There is a 10% holdback on the project and he and Trustee Gluck will be meeting with them post-substantial completion. They have no intention of releasing the funds until there is some sort of resolution. He further noted that they had been making an effort to do more of the work “in-house” rather than to subcontract it out and had been starting to document the material savings. Lakes – Chemical treatment of Pond #3 with Navigate was done on Thursday July 12. The week of July 22, Solitude Lake Management will come back to test the water and make a chemical analysis. A “base case” was done before the treatment. The results will be published. Water testing by the Wee Wah dam will also be done in order to establish a “base case” before the lake is refilled. Solitude feels that the Village should do a Cutrine Plus treatment on Pond #3 to combat potential harmful algae blooms. There will be further discussions about this when they return as there is a window of time post-Navigate treatment when additional treatments cannot be done.
Mayor McFadden wondered whether there was an existing bloom or if one was predicted.
Trustee McHugh responded that a localized bloom had been identified.
There followed a lengthy Q & A with audience members Elizabeth Cotnoir, Jean Connolly, Dena Steele and Chauncey Rodzienko, which was primarily focused on the current state of vegetation growing in and around the Wee Wah as well as the abundance of goose poop along the shores and how this will be handled when they refill the lake. Additionally, a recent visit from Pristine Water and some of their findings was discussed as well as the engagement of Princeton Hydro.
Click here to listen to the Q & A. Infrastructure Review – Trustee Barnett reported that there was a “major study” underway focused on infrastructure. Creating a repair and maintenance plan is crucial and once the plan has been created, the intent is to publish it in hopes that it can easily flow from administration to administration. There will be more to come on this in the future.
Committee or Town Representative Reports: Town Representative Report – Town Board member Michele Lindsay reported that on Monday, July 23 there would be a Town Board meeting at which it was anticipated that a date would be set for a public hearing on the elimination of the Architectural Review Board. If this Board is eliminated, its’ duties will be assigned to the Planning Board.
Mayor McFadden asked for the pros and cons.
Mrs. Lindsay responded that those favoring the change believe it would streamline the process while the opposition believes it would be better to have 12 sets of eyes on projects coming before the Town and not 5. Further, the Town recently advertised for open positions on the various Town Boards and there are 9 qualified candidates, including engineers and certified architects who have come forward. She believes the Town would be better served if some of these folks were included.
Trustee Gluck wondered what the ARBs role was in connection with the Tuxedo Farms project.
Mrs. Lindsay responded that the ARB’s role as outlined by the special permit was to approve materials and to ensure that each street contained a variety of housing types as per the agreed upon design guidelines.
The Comprehensive Plan has been adopted and a draft of the zoning changes that go along with it will be reviewed at the July 23 meeting. Following Town Board review, the Planning Board will also examine the document and subsequent workshops and public hearings will be scheduled.
Trustee McHugh asked for some clarification as to what the new plan entailed.
Mrs. Lindsay explained that the comprehensive plan had originally been drafted in 2011 but had never truly been adopted and the zoning had not been updated to go along with it. Commencing in 2016 the Town Board began re-examining and updating the document. This process is now complete and the zoning needs to be changed to go along with it.
Mrs. Lindsay and Trustee Coen will be meeting in the near future to discuss moving forward with increasing shared services between the Village and the Town.
With regard to the recent article in the Times Herald Record concerning the possible sale of the Tuxedo Farms property to virtual reality amusement park designers DraggonsGate, Mrs. Lindsay noted that there is very little information available at this point in time however one thing to note was that Draggonsgate was NOT affiliated with Disney as some people were originally lead to believe. The existing special permit is for housing, so if the land is sold and the plan moves forward, the process will need to start from the beginning in terms of SEQRA and traffic studies, etc.
Alan McHugh inquired as to who had met regarding the potential project and Mrs. Lindsay responded that Drggonsgate CEO Michael Hamilton, some people from Orange County Partnership, Steve Neuhaus, Mike Rost and some attorneys.
Mayor McFadden asked if there were any current moratoriums in place.
The answer was that there was a building moratorium because the zoning has not been finalized within the comprehensive plan, but they have granted waivers to projects that are consistent with the plan.
Next the Mayor asked for an update with regard to Michael Bruno the old IGA building.
Mrs. Lindsay replied that Mr. Bruno had been awarded $350,000 from the Hamlet Beautification Fund/LDC and that all he has to do now is to resubmit a business plan. The original business plan was for him to develop a café/market upstairs with an antiques mall and commercial kitchen downstairs. Now she believes he is planning to divide the space into 4 stores and lease them out. This could change though.
Mayor MacFadden commented that he had heard the building was for sale, but Mrs. Lindsay refuted this, commenting that she believed he had been approached but as far as she knew the building was not for sale.
Claudio Guazzoni asked Mrs. Lindsay if she had any idea how much tax the amusement park people might be paying to the Town and Mrs. Lindsay responded that they would likely be looking for tax breaks from the County. The same group has recently made a proposal in area just outside of Scranton, PA and she suspects that they will be weighing out the tax benefits moving forward. Trail Committee- Chauncey Rodzienko read into the record a report from the Trail Committee. To read a copy of the report, click here.
There is a new trails map available for Village residents that can be obtained at the Village Office. For security reasons and to protect the privacy of those residents who live near to the trailheads, this map will not be made available online. Tree Advisory Board – On behalf of the Tree Advisory Board, Christopher Gow reported that on Saturday, July 28 there will be a free luncheon inaugurating the new northern entrance to the Racetrack Nature Preserve and honoring the Meadow Stewards who have funded it. For those who do not want to tour the racetrack due to ticks or other issues, there is an overlook area where they can safely get a clear view of everything. All residents are invited and encouraged to attend. Please RSVP.
Public Comments:
Joan Alleman commented that when she had purchased her property on the Wee Wah in 1975 the water in the lake was crystal clear. There were no weeds in it. The village lakes were pure. She wondered what had happened.
Mayor MacFadden responded that he was not an expert but he felt the change could likely be attributed to fertilizers, manicured lawns and various elements that had begun flowing in over the past 20-30 years.
Mrs. Alleman responded that back in 1886, people did things to the ground and while they were admittedly not the same things that were being done today, nothing like this had ever appeared before. “It makes swimming impossible!” she exclaimed, adding that she felt she had been overtaxed on her property for many years.
The Mayor assured Mrs. Alleman that the Board was “on her team.” He went on to explain that during the recent debate over whether or not to use chemical treatment in Pond #3, one of the deciding factors for him had been a letter from the residents who reside on that lake and favored the treatment as the weeds have seriously impacted their ability to fully take advantage of their properties and had even posed a serious risk when one swimmer became entangled in them. “I think everybody who lives on these lakes and pays taxes deserves the right for them to be in pristine shape and to be beautiful and used for recreation,” he concluded.
Chauncey Rodzianko commented that it was her understanding that the Town was about to lose its assessor. Noting that the Village does not currently have an assessor, she wondered what the plan was moving forward.
The Mayor responded that the Village was currently interviewing for the position.
(It was subsequently determined that the Town is not about to lose its assessor and that Mrs. Rodzianko was mistaken)
Old Business: Resolution to Accept Dow Dedication of Ridge Road Strips of Land to Village (originally presented at 1/17/18 BOT Meeting) – The Board voted unanimously in favor of accepting the Dow dedication of Ridge Road Strips of land to the Village.
New Business: Resolution to Authorize Bidding of Continental Road Project- The Board voted unanimously in favor of authorizing a bid opening date of August 9 at 2pm for the Continental Road Project. Resolution to Approve Sale of Paper Road (off of East Lake Road) to Madden –
The Board discussed the idea of selling a paper road, located off of East Lake Road, to the Maddens, who own the adjoining property, which they currently access via the land in question. Attorney Brian Nugent outlined the legal process for such a sale, which would include holding a public hearing prior to the formal discontinuance of the property as a Village Road. Appraisal was also discussed. Mr. Nugent advised that the Village would not be legally required to put the property up for bid and that if they chose to do so, it could be conveyed via a private sale. Ultimately it was agreed that the Village would pursue a thorough “meets and bounds” review of the property along with possible appraisal prior to the next meeting, at which they will consider setting a public hearing.
Public Comments:
With regard to the potential paper road sale, Claudio Guazzoni commented that it was very well known that Mr. Madden was a good friend of Mayor McFadden. “It seems to me that there is a back room conveyance of public land to Mayor McFadden’s friend. I personally will bid $100,000 on this piece of property.”
“$100,000…are you serious?” responded the Mayor. “We’ll take it! That’s a sweet price! I am going to keep you to your word.”
At this point, the remaining Board members joined the conversation, pointing out that they had yet to appraise the land and that no deals were being made as it had not yet been discontinued.
The Board then adjourned to an executive session for a discussion related to the employment of particular persons, attorney-client advice regarding contract and pending litigation.
The Village Board of Trustees met at 6:45pm on Wednesday, July 18 for the annual reorganization meeting. All members were present.
Mayor McFadden read the reorganization document into the record.
To view the document click here.
Following the reading, Board member Alan Barnet commented that he would like to recuse himself from voting on the Planning Board appointments as his wife is the Chair and this represents a conflict of interest.
The Board then voted unanimously in favor of approving the planning Board appointments, with Trustee Barnett abstaining. Immediately afterwards they voted unanimously in favor of approving the rest of the document.
The Annual Reorganization Meeting is this Wednesday at 6:45 PM, followed at 7:00 PM by the Regular July BOT Meeting at the Village Office. We hope you can attend.
DPW
I want to compliment Jeff Voss and his crew for completing the demanding and challenging work we recently requested. Including the grouping of new native trees off Tuxedo Road, repainting the street divider lines from Rt.17 to the front gate, as well as landscaping improvements at Wee Wah park and other Village properties (on-going). This is part of our "curb-appeal" efforts.
Wee Wah Park
While there is no Wee Wah Beach Club activity this season, the park is open year-round to all Village residents free-of-charge from 8:00 AM to 10:00 PM, M-F and 11:00 PM, S&S. All noise and light laws must be observed. As you know, there will be no swimming until the dam construction is complete and the lake has returned to its normal levels.
Booth at the Front Gate
I am pleased to share with you that resident Tinka Shaw has taken the lead to raise money for us to rebuild the traffic booth at the front gate. Tinka graciously took on this role in her private capacity since, as you may be aware, the Village cannot participate in fundraising. To date, $55,800.00 has been raised. The goal is an additional $100,000.00+.
I have decided to dedicate the new booth in the name of the late Alan Yassky. He was a Village hero, dedicating his time and money helping administration after administration on projects including the early phases of the booth replacement, the Keep renovation, the stone wall repair along the causeway, and the Wee Wah Lake dam rebuild. Names of donors will be included on the dedication plaque. To make your pledge please contact Tinka Shaw at tinkashaw@gmail.com, or on mobile at 917-597-0538.
The Village Board of Trustees met on Wednesday, June 20 at 7pm. All members were present.
Mayor’s Comments:
Mayor McFadden opened the meeting by congratulating Trustees Elect Allen Barnett and Maureen Coen. He then thanked Trustee Moon for his years of service, commenting that he would be missed on the Board. Trustee Moon in turn thanked the community and the Board, commenting that it had been wonderful to getting to know more people in the Village and working for the community. He further stated that although the Board members had not always agreed on every issue, they had been a great group to work with. Trustee Barnett also thanked the community for their support.
The mayor then noted that he had received complaints from both the Village Police Department and the DPW regarding people (residents and vendors alike) accessing the Village via the North Gate. He cautioned that this would no longer be permitted and that enforcement would be both swift and severe to include ticketing and, if necessary, arrests. “There is no turning back,” he stated.
Re-Open Public Hearing-Local Law Introductory D1 of 2018 (short term rentals):
The Public hearing for Local Law Introductory D1 of 2018 was reopened.
There were no comments from the public.
The hearing was promptly closed.
Vote on Local-Law Introductory DI of 2018 (short term rentals):
The Board voted unanimously in favor of adopting Local Law Introductory #1.
Re-open Public Hearing – Local Law Introductory D2 of 2018 (non-utility devices on utility poles):
The public hearing for Local Law Introductory D2 of 2018 was reopened.
There were no comments from the public.
The hearing was promptly closed.
Vote on Local Law Introductory D2 of 2018 (non-utility devices on utility poles):
The Board voted unanimously in favor of adopting Local Law Introductory #2.
Department Reports:
Police Report-
Click here to view the Police Report for the month of May.
DPW Report -
Click here to view the DPW report for the month of May.
Building/Capital Report-
Click here to view the Building report for the month of May.
Building Inspector John Ledwith provided the Board with a brief synopsis of the capital projects report.
Work on the Ridge Road water tanks is almost complete. The project will go on hiatus for the summer months, when the demand for water is at its peak, and will be completed in October.
Work on water filter #2 at the water plant is complete and the filter is back on line. The total cost of repairs was $83,000. Work on renovating filter #1 has begun. They are estimating a dollar spend of $107,000 for these repairs.
The chemical process at the water plant will be changed. The new process, which has been approved by both the Department of Health and the Village Engineer, will utilize less hazardous (if not completely non-hazardous), cheaper chemicals and does not require a DEC permit. The Village anticipates incremental savings moving forward. The changeover will be done almost entirely “in house.”
Last week, one of the low lift pumps at the water plant failed. Trustee McHugh reported that refurbishment is estimated at $16,000. Before moving ahead, they want to investigate the cost of a new pump as this one is 2/3 through its lifespan and it may be more cost-effective in the long run to replace it.
Upgrades at the sewer plant will be getting underway shortly. Moving forward, the plant will be recycling its own water for use as opposed to using water that has been processed at the water plant. This will amount to approximately 5 million gallons per year of water that the Village will no longer have to treat, which is basically the equivalent of filling the Ridge Road water tanks 10 times and if sold, would amount to $68,000. The upgrade will ultimately be a huge savings for the Village and there will be a good deal less wear and tear on the water pumps as well as a reduction in chemical treatment costs.
Committee Reports:
There were none.
Wee Wah Dam Update:
Trustee McHugh reported that the project is 90% complete. Recent challenges included issues with both the cap stones and fascia stones on the auxiliary spillway. As reported last month, the facing stones arrived and were the wrong color. Working in conjunction with Kristian Matthews, a different stone was obtained and cut. The new facing stones will be installed next week. The cap stones were initially cut incorrectly and this became somewhat contentious. The issue has been corrected and new stones were obtained and dry-laid. Installation will be complete by June 22, and the facing stones will be installed the following week. After that, the cofferdam and access road will have to be removed so that section A of the parapet wall can be installed. Once that has been completed and faced, the Village can obtain DEC approval. Once approval has been granted, they can look to begin refilling the lake. To bring the level up to its historic spot, 11 feet of water must be added. Barring a major tropical storm event, the likelihood of this happening over the summer months is somewhat slim. They anticipate the lake will be filled sometime in the month of October. While the Village can begin refilling Pond #3 at any time, they are planning to wait until they receive DEC approval on the dam, which is expected by the third week in July, before doing so.
Mayor McFadden thanked Trustees McHugh and Gluck for all their hard work and perseverance on the dam project.
Meg Vaught inquired as to whether or not the Village was intending to weed whack the exposed areas along the shoreline of the Wee Wah where vegetation has filled in over the past few years, noting that filling the lake as is would lead to many areas of rotten growth beneath the surface. She cited the cove near the entrance to the Wee Wah Beach Club as an example.
Trustee McHugh responded that they were not weed whacking but rather hand pulling weeds around the Beach Club area.
Resolution – Approve CHA EWA #11:
Delays with the dam project have led to the need to extend the CHA contract. The Board voted unanimously in favor of approving additional funds in the amount of $30,700 for oversite through July 13.
Report by Town Board Member or Trustee Liaison:
There was no report given.
Public Comments:
Referencing the joint Police security/registration check, which took place on Saturday June 16 at the North end of Town, Lili Neuhasuer wondered if any future checks could be relocated to the southern end of Town, where they have historically taken place. She expressed concern with the effect that the check and subsequent traffic had on both the Farmer’s Market and the yard sale at St. Mary’s, noting that the last thing Tuxedo needs is any sort of deterrent when it comes to commerce.
Chief Melchiore responded that future coordinated efforts will likely not take place on Saturdays. They prefer to use that location because it is close to the entrance of the Village and the speed on Route 17 is reduced from 55mph to 30mph just before the check point.
Old Business: Wee Wah Beach Club – July 4 Request – The Wee Wah Beach Club has requested permission to host a one-day picnic event on the 4th of July for its past membership. They understand the traffic/safety concerns as they pertain to the Wee Wah dam project and have pledged to make sure that guests “turn left only” when leaving the premises.
Safety concerns were discussed. Trustee McHugh believes that the Beach Club should remain closed and inactive until the dam project is complete.
Ultimately, the Board voted 4-1in favor of allowing the event, with Trustee McHugh voting against.
New Business: Resolution – Award Bid for Chipper – The Board voted unanimously in favor of purchasing a woodchipper at price of $47,791.72. The cost is being covered by a generous donation from the estate of the late Alex Salm. Resolution – Hire PT Police Officer – The Board voted unanimously in favor of hiring part-time Police Officer Michael Rizzo at a rate of $24 per hour. Resolution – Authorize Police Training – The Board voted unanimously in favor of authorizing Sgt. Tayback and Denise Spalthoth to attend Wreckage Management Impact Software training. Electronic Resources Use Policy – The Village has recently switched to a new email system and they are diligently working to bring everyone (employees, Board members, Committee members, etc.) onto the same platform. As part of this effort, Trustee Gluck proposed a series of basic regulating policies pertaining to email, hardware and software etc.
There was a somewhat lengthy discussion as to the policies as proposed. Trustee Moon suggested that they could and should be more comprehensive, pointing out that laws of intellectual property needed to be taken under consideration.
Ultimately, the Board voted unanimously to adopt the Use Policy subject to a 30-day transition period for restrictions on the use of personal email accounts for Village business. Resolution – Ratification of Consulting Agreement – The Board briefly discussed ratification of John Ledwith’s consulting agreement. Board Attorney Brian Nugent explained that what was being proposed was ratification of an agreement, which the Board had authorized the Mayor to sign on September 21, 2017 as well as ratification of that authorization. Doing this would address pending litigation head on rather than to engage in discovery and other proceedings and would subsequently resolve the matter.
The Trustees had some questions of clarity and ultimately it was determined that the matter would be discussed later that evening in an executive session before any action was taken. Replacement of South Gatehouse Roof – the Board voted unanimously in favor of authorizing the replacement of the South Gatehouse Roof with cedar shake (with copper flashing) at a cost of roughly $22,000. Water Dept. Capital Expense; Refurbishment of Water Filter #1 – The Board voted unanimously in favor of authorizing the refurbishment of water filter #1 at a cost not to exceed $97,000. Authorization of Lake Survey – The Board voted unanimously in favor of authorizing Solitude Lakes Management to conduct surveys on both Tuxedo Lake and Pond #3 in an amount not to exceed $5,000 for the purpose of providing a continuing baseline in advance of any milfoil treatments Application of P3 Herbicide - A lengthy public discussion with regard to the possible treatment of pond number 3 using an herbicide called 24D ensued. Board members and community members alike weighed in.
To listen to a recording of this discussion, clickhere.
The Board voted 3-2 in favor of using 24D with Trustees Moon and Barnett voting against. Resolution – Real Estate Advertising – The Village has been receiving complaints from residents regarding Open Houses that have been occurring throughout the community over the last six months. The Village Code prohibits open houses. Noting that he would like to work with the real estate community, Mayor McFadden proposed that moving forward, rather than to have these events advertised by mass mailing, that they be set up by appointment only. Potential buyers will need to make appointments and the realtors in turn will have to supply the gate with a list of attendees prior to the event. Only individuals on the list will be allowed entry to the Village. Signage was discussed at some length. Residents have been unhappy with director signs posted throughout the Village. It was determined that one lawn sign per event will be permitted and that it can only be used between the houses of 8am and 5pm. Said sign cannot say Open House on it, as open houses are not legally permitted, but can say For Sale.
Following some further discussion, these things were resolved and the Board voted unanimously in favor of them. Budget Transfers – The Board voted unanimously in favor of approving budget transfers as outlined in the documentation that was before them.
Other Business:
The Mayor paid his respects to the late Alan Yassky, who passed away earlier this month. Commenting that he had been a great, friend, Mayor McFadden haled Alan as a “hero to the Village,” who had donated a great deal of his time and money towards bettering the Village. “We will be planning something for him,” he stated.
Trustee Barnett also payed tribute to Ron Hess, long time bartender at the Tuxedo Club and friend to many, who also died quite suddenly earlier in the month.
Public Comments:
Bonny Tackeuchi thanked the Board for their earlier approval of the Beach Club’s July 4 event. She went on to say that historically the Beach Club has opened to accommodate overflow from the fireworks on July 3, keeping staff on later and bathrooms open. This year, they do not have insurance liability for July 3 and will be unable to do this. She noted that allowing people to view the fireworks from the Beach Club may be desirable because it helps to control parking closer to the Club, however if they Village wishes to allow for this, they will have to open the property themselves.
Claudio Guazzoni inquired as whether there was a tenant living in the Gatehouse.
The answer was yes.
He then wondered how much rent was being charged.
The Answer was $1,175 per month or $13,000 per year.
Mr. Guazzoni wondered if the Village was aware that the property needed to be listed on the town tax rolls. Again, the answer was yes. There followed a short debate as to how much the Village would need to pay in taxes, with Mr. Guazzoni alleging that historically the property had been listed at $20,000 and Trustee McHugh disagreeing. Ultimately, Trustee McHugh suggested that the Village had informed the Town that the property was being rented and were prepared to pay taxes on it. It will be up to the assessor to determine what those taxes will be.
Addressing Trustee Gluck, Mr. Guazzoni then stated “You realize there are 7 million people drinking water when it goes into the river downstream. Would you feel happy if I told the newspapers down there that you are putting chemicals into their drinking water where they have children, where they have older people drinking this day in and day out or are you going to tell them that should not be approaching their sink? What is your answer to that Mr. Gluck?”
Mayor McFadden suggested that this question, made in a snide manor, did not need to be answered.
“Weasel words, weasel boy?” responded Mr. Guazzoni. “So, you’re not unhappy with me approaching newspapers downstream and telling them that you are poisoning their water? You are opening us up to liability from people drinking water downstream!”
Trustee Barnett suggested that this issue had already been debated in good faith earlier that evening and that a decision had been made.
Mr. Guazzoni responded that it had not been discussed in good faith, further suggesting that the decision had been reached before the meeting in a “back room.” “Mr. Barnett, you are poisoning people downstream…shame on you!” he emphatically stated.
“You have no data to support that comment whatsoever. None!” responded Dr. Dennis Miller from the audience. “One molecule will do it…is that what you are saying?”
Mr. Guazzoni responded by suggesting that the village was inviting lawsuits from people who would be under the impression that they got sick from drinking the water.
Trustee Gluck thanked Mr. Guazzoni for his comment, noting that this was not the time for further debate.
The Board then entered into an executive session for the purpose of discussing pending litigation. When they returned, they voted in favor of ratifying the previously authorized Consulting Agreement between the Village of Tuxedo Park and John Ledwith that was adopted by BOT resolution on September 13, 2017. Trustee Moon abstained from the vote.
Village elections will take place next Tuesday, June 19, from 7am-9pm in the Village Hall. This year there are two candidates running for two open Trustee seats. They are Allen Barnett, (Prudent Planning Party) and Maureen Coen (Namaste Party). In an effort to help the community get to know the candidates a bit better and understand where they sit on key issues, TPFYI asked both to submit brief statements. Here are there unedited responses in the order they were received:
ALLEN BARNETT:
Dear Neighbors,
It has been an honor to serve as a Village Trustee for the last year and I am pleased now to be running for a two-year term. I would like to first acknowledge the leadership of Mayor David McFadden and the dedication of my fellow Trustees McHugh, Gluck and Moon. Together we have formed an effective and cohesive Board with whom it has been a pleasure to work. Personally, I have tried to apply my experience as a former Chief Financial Officer to the governance of the Village. There are serious long term issues facing the Village. My primary focus has been and will continue to be on three areas, which I believe if addressed could improve significantly the long-term health and wellbeing of Tuxedo Park
Creating understandable and transparent Village financial statements;
Developing a long-term plan for the maintenance of Village infrastructure;
Instituting professional human resource policies.
First,the Village’s financials need to be transparent and easily understood by the public. This year the Trustees’ focus was ensuring that the operating budget was under control. I am pleased to report that when all of the final bills are accrued, the FY 2018 general fund will be approximately $150,000 (or 3.6%) under budget.
However, to improve the financial management of the Village as well as public oversight, our financials need to be formatted to make them easier to understand. The required New York State financial reporting for Towns and Villages produces reports that are difficult for the general public to understand, interpret, or compare on a year to year basis. This year I intend to develop summary reports that will clearly show the financial condition of the Village and propose, beginning in September, to do consistent quarterly reporting at the Board Meetings.
Second, a key issue facing the Village is the maintenance of its aging infrastructure. This year our efforts have been on addressing deferred maintenance issues in the Water Department. Deputy Mayor McHugh and I identified two areas where proper maintenance had not been performed for a number of years: the Ridge Road water tanks and the two processing filters in the Water Plant. Among other problems, we discovered that one of the plant filters had been off line for well over a year, leaving nothing in reserve. In an emergency that could have left the Village without its water supply. By the end of June, the necessary repairs will have been completed so that we have back-up systems.
I believe that the problem is that there is lack of consistent reporting on how the Village is maintaining its infrastructure. Prior efforts have been made to do long- term planning but, with two-year administrations, these efforts have too often been inconsistent.
This year I propose that we “inventory our infrastructure” and develop a comprehensive long- term plan with priorities and estimated costs for maintenance. This plan would then be reviewed at least semi-annually at public meetings. Appropriate and consistent preventative maintenance is critical to avoid expensive future fixes. I believe having an informed public is also critical; the residents of the Village need to clearly understand the problems and hold future Boards accountable in addressing them.
Third, we need to develop proper human resources practices for the management of Village employees. We have excellent and dedicated employees. However, we are lacking the basics of good human resource management. At the present time, other than the sterile Civil Service descriptions, there are no private sector style job descriptions, performance reviews, or statements of responsibility and authority. Without these, Village employees have faced inconsistent and changing expectations with the continual turn over in the Village Trustees. In the worst case, this can lead to a situation such as the recent action taken against one employee on the basis of allegations, which upon examination by the Board of Trustees, the Village’s auditors, and the New York State Controller’s Office were found to be unsupported.
I propose to enlist some of the Village residents who have experience in human resources to put in place for the non-union employees of the Village appropriate procedures and structure. I believe this will improve the efficiency and productivity of our employees and ensure that we can attract the best employees going forward.
While Maureen Coen and I are running unopposed, it is still important that you vote on June 19th to establish a base of support for our efforts. I sincerely request your support in person or by absentee ballot.
Please let me know if you have any questions or concerns. Thank you.
Sincerely,
Allen Barnett
MAUREEN COEN:
Name:Maureen Coen Education/Degrees:Juris Doctorate, MBA in Management and BA in Political Science. Vocation/Employer: I am currently working as a Managing Director for Credit Suisse, a Swiss banking institution, with responsibility for capital and liquidity management in Credit Suisse’s Asia Division. Over my 18 years at the bank, I have held numerous roles, including Treasurer of the Fixed Income Department.
Prior to my current employment, I worked as a Managing Director at Moody’s Investors Service rating various types of structured transactions, and, prior to that position, I was a lawyer in a NYC law firm practicing corporate law.
I am very happy to report that I am retiring from my career on Wall Street in just a few weeks. Years of residency in Tuxedo: I have lived in Tuxedo since 1998. Volunteer Work in the Village of Tuxedo Park: For the past 5+ years I have served as a member of the Board of Zoning Appeals (BZA) and I am currently a Governor for The Tuxedo Club. I have also served as a member of the vestry at St. Mary’s for six years and as a trustee for the Tuxedo Park School for eight years. I am currently a Director on a local development corporation for the Town of Tuxedo. Briefly, why are you running for Village Trustee?
Having lived in Tuxedo Park for twenty years and having served on the boards of many of the institutions in this community, I know and love our special and unique Village—and there are many things to love. What I have learned over the years is that for our community to thrive we have to support and celebrate each other and build upon the great work that has been done to date in making Tuxedo Park an easy, friendly and desired place to live.
Working closely with the Town of Tuxedo to preserve, enhance and enrich our Village today and in the future is a key goal of mine.
I would be honored to serve you as your trustee with these goals at the forefront.
In addition to bringing my legal background and business experience to the Board, I am willing to listen, analyze, work hard and get things done. I strive to be a rational and open-minded advocate for the community. What are the most important issues currently facing the Village and if elected how would you propose to address them?
Like many municipalities in our area, there are a number of serious issues that continuously have to be addressed. In our case, amongst the most pressing issues are our aging infrastructure, which is well past its useful life, and invasive plants that are rapidly spreading in our lakes and reservoir. We have to address these issues, which could be expensive, while trying to avoid increases in real estate taxes. This means we need to look for opportunities to be more efficient in our current expense base—which is where I would like to focus my attention if I were elected your trustee. Over the last several years, most people that work in banks have become very skilled at expense reduction and optimization.
Among other things, I would focus on looking for opportunities to partner on shared services and explore receiving additional State grants.
The current administration is thoughtful, works well together and is working hard to address these issues. I would be honored to serve with them.
Many thanks to the hard working people behind TPFYI that are dedicated to keeping all of us informed by providing us with unbiased information.
I hope to have your support at the election on June 19th.
Please feel free to email me at mrcoen@optonline.net with any questions you may have.
The Village Board of Trustees met on Wednesday, May 16 at 7pm. Trustee Moon was absent.
Mayor’s Comments:
The Village was badly beaten up by the storm on May 15. Mayor McFadden drove around the Village the following morning and witnessed tremendous damage as a result of downed trees. Furthermore, he noted that a majority of the wires that were not brought down during the storm are also covered with trees. “I really don’t know how we are ever going to get out of this,” he stated, adding that he would be
meeting with executives from O & R next week to discuss how to avoid brown outs and black outs moving forward and what can be done to speed up the time between an incident and a recovery. He will report out the results of that meeting as soon as possible.
Next the Mayor announced that moving forward, in lieu of having the DPW, Police and Building Department read their reports during the meeting, these reports would be posted to the Village website. If for any reason this becomes problematic or the residents are unhappy with it, they can always revert to back to the old process of in-person reporting.
DPW Report:
To view a copy of the DPW Report, click here.
Building Report:
To view a copy of the Building Report, click here.
Police Report:
To view a copy of the Police Repot for the month of April, click here.
Mayor McFadden inquired as to whether any of the audience members had questions for the police.
Meg Vaught commented that on the morning prior, while waiting for the bus with her children, she had witnessed an SUV with tinted windows and without a Village tag slowly driving through her neighborhood and taking photographs of two houses in particular. When the vehicle did a U-Turn and continued taking photos, she took a photo of the car from behind, capturing its license plate, after which she called the gate to report the incident. The officer on duty explained that he was aware of vehicle and further informed her that the driver was from “some insurance agency” and was there to taking pictures as a method of checking proof of occupancy. Mrs. Vaught thought that this seemed strange and after talking with the police, she contacted both homeowners and let them know about the incident. One of the homeowners subsequently called their insurance company, who had no idea about the incident, and had not sent the driver. Mrs. Vaught wanted to know why such a person would have been allowed into the Village and whether anybody could pull up to the gate, say they were with an insurance company and be allowed access.
Officer Taback agreed that the incident sounded strange but suggested that since the officer on duty had knowledge of the vehicle, that there would be a log detailing the situation. He told Mrs. Vaught that he would look into the situation and follow up with her the next day.
Committee Reports: TAB - On behalf of The Tree Advisory Committee, Chair Chiu Yin Hempel provided the Board with a brief report/update on the committee’s efforts over the last several months as well as their plans for the future.
To review a copy of this report, click here.
Trustee Reports: Financial Report - Commenting that in the past the presentation of Village financials had been very opaque and rarely, if ever, reviewed in monthly meetings, Trustee Barnett drew everyone’s attention to the new financial report. Copies were circulated to audience members. (Clickhere to view a copy) What the new report is intended to do is to provide residents with a clear idea as to exactly where the Village is spending money. Outlined in the report was the 2018/19 budget, which will go into effect on June 1. The report is organized in an easy to navigate form, consisting of two columns (item and expense) that are grouped into various categories. The idea behind it is to give residents a clear picture of how much is being spent on various items in a clear way that is easy to understand, without having to navigate through the entire line-by-line budget. Moving forward the report will be revised and presented on a quarterly basis along with budget-to-actual comparisons. The hope is that it will make things much easier for residents to understand.
In looking at the Police Personnel expenses, an audience member wanted to know how many part-time and how many full-time police officers were employed by the Village.
The answer was 4-full time officers and 25 part-time.
Trustee McHugh added that in looking at the period of June 1, 2017 through May 16, 2018, the Village was running out of surplus for the year. They estimate that they will come in $170-200,000 below budget. These monies will go into the reserves. Water Department – Trustee McHugh reported that the work on water filter #2 has been completed and the filter is now up and running. Initial tests showed that TOC levels are lower/better than they have been in the last year. Efforts will now be focused on refurbishing filter #1, the cost of which is anticipated to be roughly $70,000. With regard to the Ridge Road Water Towers, one tank has been entirely refurbished and all holes repaired. They are currently running tests that will allow the Department of Health to sign off on the project and then it will be up and running. It has been refilled to capacity. They will not begin work on the second tank until the fall when water consumption tapers off. The Wee Wah Dam/Pond #3 – Pond #3 has been drained over the last 10 days and water levels have stabilized at a lower level, where they will be kept for the next 2-3 weeks while they repoint and refurbish the northern side of the dam. There are also two 30 foot pipes, 24 inches in diameter that need to be plugged with cement before the engineer can sign off and the project presented to the DEC for approval. The Wee Wah dam is 86% complete. There is a problematic knife gate valve that may need to be taken out and sent back to the manufacturer. Additionally, some of the stones for the auxiliary spillway, which were cut up in Massachusetts, are the wrong color and the Village has refused to accept them because they are non-conforming with the approved design. They are currently in dispute with the construction company with regard to this. The Village has provided them with a “work-around solution” and they are waiting to hear whether or not it will be accepted and what will ultimately happen. This situation has created an additional delay. In framing out the expenditures, Trustee McHugh explained that the bond issuance for the project was 3.65 million. Thanks to the grant writer, the Village received $100,000 in funding and then there were prior residual bond issuances to the tune of $183,000. The total dollar spend was roughly $3,918,000. To date, the Village has spent just under $3.1 million with the construction company. The project was supposed to be at a point of substantial completion in December of 2017, but as a result of this not occurring, significant engineering costs have been incurred in terms of oversight, totaling $393,000. The total engineering bill with CHA for the project is currently just under 1 million. Things have gotten a little contentious with the construction company in terms of the timing on refilling the lakes. Substantial completion has now been delayed several times. Trustee McHugh added that the Village wants to ensure that they end up with a finished product that they can be proud of and if this is at the expense of not filling the lake right away, “so be it” because having the project completed in the right way will ultimately be their collective legacy.
Trustee Gluck added that the engineers had been very helpful and instrumental in keeping the project on track to the maximum extent possible given the issues with the construction company.
Mayor McFadden added that although the Village had clearly spent a lot of money on these projects, the amount that they had saved because of the hard work and dedication of the Trustees could and should also be counted. He thanked them all for their strong efforts.
Public Comments:
Sue Heywood commented that when she awoke that morning she had no power, no cable and no internet, so she used her cell phone to call the police at the front gate, but there was no answer. She then got into her car and went down to there and was told by the officer on duty that the department was also without power and telephone. Mrs. Heywood wondered why they did not have a backup system. She further noted that she lived alone and expressed concern that should she have a health issue in a situation like this, there would be no way of contacting anyone.
Mayor McFadden agreed with Mrs. Heywood, further commenting that one of the issues they faced was that there was only one provider of internet serving the entire Town and when there was a failure, everyone was impacted.
Mrs. Heywood questioned the lack of telephone service.
The Mayor responded that the department phones had been working.
Mrs. Heywood asserted that nobody had answered when she called.
Mayor McFadden suggested that perhaps the officer had been on another line, and asked Sgt. Taback to comment.
The Sgt. responded that the department did have three phone lines and that they also had also had a generator to provide back-up power.
Again, Mrs. Heywood noted that when she had traveled down to the station she had been told that the department was without telephone.
“I apologize that he said that,” responded Sgt. Taback. “They absolutely did.” He assured Mrs. Heywood that he would look into the situation and follow up with her the next day.
Mrs. Heywood added that she felt very vulnerable living alone in situations like these and Sgt, Taback responded that he understood and that this was why he checked up on her every time there was a major storm.
Trustee McHugh reiterated that the police telephone system was not internet based. The fact that the phone was not answered when Mrs. Heywood called is a separate issue and the Sgt. will look into it.
“So if I fall down the stairs in a situation like this,” countered Mrs. Heywood, “I have no hope of getting any assistance?”
“That is not necessarily the case, Ma’am,” replied Sgt. Taback. “Unfortunately, every time the power goes out, 400 people call the police station. We have 3 lines and 1 officer on duty. Typically, calls go through. I apologize that yours did not go through. I am going to look into it and will follow up with you.” He further suggested that in case of emergency, Mrs. Heywood should call 911, which would alert not only their department but the State Police and the County Sheriff as well.
Mayor McFadden concurred.
Bryna Pomp wondered whether the mayor could provide an update on the resolution of the power situation.
Mayor McFadden responded that no time frame had been provided. Again, he mentioned that he would be meeting with O & R executives the following week to discuss storm response time among other things, but in the meantime, trucks were currently in the Village although no estimate has been provided as to when they might have the issues resolved.
Mrs. Heywood wondered what the specific problem was.
The Mayor responded that there were roughly 10 large trees that had come down on wires in various locations around the Village. Tuxedo Park was not the only area that was badly hit by the storm and O & R is shorthanded and unprepared to handle to scope of work ahead of them. “You would think that they would have back-up departments and companies that would loan them men and trucks,” he continued. “Our DPW has been working very hard to clear the roads, but when live wires are down it is a different story. These were significant trees that fell. O & R is in the Park now so it is just a matter of when they can get it done. I hope it is soon.”
Mrs. Heywood wondered whether the entire Park was out.
Building Inspector John Ledwith responded that the south end appeared to have power as well as part of Mountain Farm Road. He further stated that he had taken part in a phone conference with the Officer of Emergency Management earlier that day. Unfortunately, O & R had not been able to provide any time estimates for restoration, although they assured everyone that crews were actively working.
Mrs. Pomp noted that she had noticed that the gate arm at the South Gate had been left open.
The Mayor replied that he had spoken to the officer in charge the night before who had informed him that initially there was no power to operate it. The decision was made to keep the gate open and they had placed a second officer on duty and increased patrols to compensate.
Moving on, Mrs. Pomp noted that earlier that week she had sent Mr. Ledwith a note regarding a very unsightly and overgrown property near to where she is living that is invested with invasive species that are known to harbor white-footed mice, which are loaded with ticks. She wondered what could be done about properties such as this.
Mayor McFadden responded that the Village had all of the appropriate codes in place to cover property maintenance issues such as this. Tickets can be issued. That being said, he recognized that there were probably issues in varying degrees on a large number of Village properties. When complaints are made, the inspector takes a look and if warranted, enforces the law.
On another note, the Mayor noted that the foxes Mr. Pomp had inquired about were not rabid.
Mr. Pomp wanted to know if it was just one fox they had been seeing or many.
“There are a whole bunch,” responded the Mayor.
Sgt. Taback interjected that the police had shot two earlier in the week that were rabid.
This was met by a gasp from the crowd and Trustee Barnett wanted to know how they had determined that the animals were rabid.
“Typically when they are out during the day and rolling around with foam coming out of their mouth, it is an indication that they are rabid,” replied Sgt. Taback.
Mrs. Vaught commented that at the Trustee meeting the month prior, Dena Steele had read aloud a blurb describing the foxes and clearly noting that their presence during the day did not mean they were rabid.
Sgt. Taback reiterated that the animals had been rolling around on the ground with foam coming out of their mouths.
Getting back to the original comment regarding derelict properties, Trustee McHugh informed Mrs. Pomp that the Building Inspector had been working with the Village attorney to craft language for property owners whose properties were severely delinquent that the Village intended to “go after,” and one of them is the property located near the Pomps.
Mrs. Hempel noted that there was a particular invasive on the property that needs to treated with herbicide because when cut, it multiplies. She feels that it is important that whoever does the final cleanup is aware of this.
“Oh I am so glad. It looks awful,” responded Mrs. Pomp.
With regard to the stonework on the Wee Wah dam, Tom Salierno wondered whether the discolored stone had been intended for the lake side of dam.
The Mayor responded that it was the circular piece at the top on the lake side and that it would be in one of the most visible spots. He further encouraged Mr. Salierno to go and take a look at it, suggesting that he would easily be able to understand why it had been rejected. “We tried so many different way to make it work,” he continued “but we finally had to reject it.”
Before moving on to new business, Mayor McFadden noted that the Village had recently made an arrangement with the Town of Tuxedo to relocate all of the road salt from the DPW facility to another facility on the other side of Warwick Brook Road.
New Business: Telephone Extension for Court Clerk – Trustee Barnett explained that currently, the telephone calls for the court clerk were coming in on the main Village lines and this ultimately detracts from the amount of the time that the Village staff can spend doing their own work. Therefore, they have proposed that a separate extension be added for the court clerk, who will then be responsible for calling to retrieve the messages. Following minimal discussion, this was approved unanimously by the Board. Repaint South Gate House – John Ledwith reported that there is a fair amount of work that needs to be done at the south gatehouse. The roof needs to be replaced. They have collected some estimates but would like to fine-tune these a bit as they are “a little bit steep.” They have also collected three estimates for repainting the exterior of building. Following some discussion it was agreed, at the recommendation of Trustee McHugh that they would go with the middle estimate as this particular contractor has experience working in the Village and is known for their excellent work. Trustee McHugh added that there was a new tenant living there and the Village would be netting $8-9,000 a year from this, which would free up some funding to invest in maintenance of the structure. The Board then voted unanimously in favor of moving ahead with the painting at an amount not to exceed $6,000. License Plate Reader – The Village is working towards upgrading both gates and part of this involves installing license plate readers. They met with two different vendors and have chosen the more cost effective option with half of the cost to be funded out of this years budget and the other half next year. This will result in a dollar spend of $28,080 this year. The Board voted unanimously in favor of moving ahead with the purchase. Authorize Bidding for Chipper – The DPW is in need of a wood chipper to assist in clearing the roads and limiting the amount of material they need to move around. They have put together a set of generic specs and would like to set a bid opening date so that they can move ahead with the purchase. Funding will come from the generous donation that was made to the Village by the late Alex Salm. The Board voted unanimously in favor of moving ahead and a bid opening date of June 12 at 2pm was set. Levy Unpaid Water Bills to June Village Tax Bills – The Board voted unanimously in favor of levying unpaid Village water bills to June 2018 tax bills. Tuxedo Club Fireworks Request – Following a brief discussion regarding payment of overtime police and insurance, the Board voted unanimously in favor of approving the Tuxedo Club’s fireworks request for July 3 at 9:30pm. Approve Renewal of Village General Liability Insurance - Trustee McHugh noted that there were “a couple of people” who were in the insurance business living in the Village and the feedback last year when the Village removed Terrorist Insurance had been that given the nominal fee, it had been a foolhardy decision. The Terrorist insurance coverage adds $1,400 to the overall cost of the policy. Trustee McHugh recommended they reinstate it. Following minimal discussion, the Board agreed that this would be a good idea. Trustee Gluck further suggested that the Village had not shopped this policy around in a number of years and that they might consider doing so next year. The Board then voted unanimously in favor of approving the renewal of the Liability Insurance at a premium cost of $74,879, of which $19,000 will come the water fund. Additional they approved the additional purchase of Terrorism Insurance at a cost of $1,390 for the year. Appoint Part Time Police Officer –The Chief is recommending that the Board appoint Brian Benjamin as a part time officer in the Village. As per protocol, and interview has been scheduled with Trustee Moon. The Board voted unanimously in favor of the appointment.
Trustee McHugh inquired as to whether the Village was at capacity for part-time officers.
Sgt. Taback responded that they had been approved for 25 and with that evening’s appointment they were at 24. They will be returning next month with one more, which will bring them to capacity. Approve AE Diving Contract – Trustee McHugh explained that this contract would cover vacuum harvesting of the Eurasian Water Milfoil. They will be coming for 30 days at a rate of $1,500 per day. The contract has been reviewed by the Village Attorney and is awaiting a signature from AE. The Village is still waiting for feedback from both Solitude Lakes Management and the Village Lakes Committee in terms of the best way to make use of the services this year.
Mrs. Heywood inquired as to when they would be starting their work.
The answer was Monday.
Mrs. Heywood responded that she and Jim Hays had recently ridden around the lake on a boat to see whether or not the milfoil had begun developing and it has not. Although it will definitely be coming, they believe the water is still too cold at this time.
Trustee McHugh responded that they could easily delay the harvesting and push it back a couple of weeks if necessary.
The Board then voted unanimously in favor of authorizing the Mayor to execute the contract. Approve Solitude Contracts – Trustee Gluck explained that the Village has in place contracts with Solitude both for general consulting services and for the application of Copper Sulfate if needed and herbicides if requested to all three lakes. These contracts allow for ongoing analysis over time as well as services when requested. The contracts were originally executed in February, but never formally approved. Therefore, the Board will merely be ratifying contracts, which have already been signed. The Board voted unanimously in favor of this action.
Mrs. Heywood wondered whether anything had been determined with regard to using herbicides.
The answer was no.
Mrs. Heywood then reported that she had called Greenwood Lake, where Solitude has been employed since 2014, and had discovered that they were using herbicides there “big time.”
Mayor McFadden added that there was also information available online with regard to a herbicide project on the Croton Watershed. He then reiterated that there has been no decision made with regard to the use of chemicals or herbicides in any of the lakes.
As a caveat to that, Trustee McHugh disclosed that they had permitted on both Pond #3 and the Wee Wah for Cutrine Plus to treat harmful algae blooms should the evolve. Permitting has also been secured in case they decide they want to chemically treat the milfoil in either of those lakes. This being said, he further noted that the window that would allow for this was decreasing dramatically as a result of the delay in the completion of the dam, so the likelihood of it happening is greatly diminished and “exceedingly remote” as the water levels will not be high enough. Approve CHA EWA #9 – The Board voted unanimously in favor of approving an extension of oversight/engineering services from CHA from May 21 to June 15 (which is when they hope to see substantial completion on the dam project) for a sum not to exceed $29,500.
Mrs. Vaught inquired as to whether or not the Village would be able to bill the construction company for any of the additional oversight expenses they have incurred as a result of all the delays.
The answer was Yes. The contract specifies a substantial completion date and clearly states that if work is not completed by that time the penalty is $2000 per day. Once the project has been completed, the Village will pursue this recourse. Approve Truck Financing – The Board voted unanimously in favor of approving the DPW purchase of a 2019 Ford F50 dump truck with plow on New York State bid in the amount of $55,200.63. The truck will be financed for 5 years at 4.47%. Wee Wah Beach Club Request – Trustee Gluck noted that another victim in the delay of the dam’s progress is the swim season at the Beach Club. There is substantial uncertainty as to when the project will be sufficiently completed so that the lake level can rise again, and in light of this the Beach Club is asking the Village Board to consider allowing them to have a series of single day events (Father’s Day, 4th of July, Annual Family Camp-out) for which they would be able to purchase and provide insurance for the day (without swimming.)
This was briefly discussed. Beach Club Board Chair Bonny Takeuchi explained that the Club was planning to offer free membership to the 2016/2017 members for these events with any guests to be paid for upon arrival. There will be no new members accepted this year. The club views this as a way to retain a presence so that next year, when the water level is back up and the diving board has been reinstalled, folks will want to join. Ultimately it was determined that the requested would be granted conditional upon the substantial completion of the dam, which would allow for traffic to flow in both directions to and from the beach.
Public Comments:
Ellen Gluck wondered whether Alex Salm had been formally recognized for his generous donation to the Village.
The answer was not yet, but they intend to do so once the first piece of equipment has been received.
Trustee Barnett congratulated Meg Vaught on her election to the Board of Education the day prior. This was met by a round of applause from the audience.
use from the audience.
The Village Board of Trustees met on April 18, 2018 at 7pm. All members were present.
Mayor’s Comments:
Mayor McFadden began by stating that he wanted to reiterate that he was in full support of rebuilding the traffic booth. They had hoped to complete the project last November, with the majority of the Board behind the project, however they received an estimate of $200,000 from the engineer, which put things on hold. The Mayor is aware that some of the Board members are not supportive of the project and so he felt it would be prudent to poll the Board publicly, putting their comments on the record, so they would know where everyone stood and would then be able to make an appropriate plan for moving forward. His goal is to apply for some sort of loan from the bank that would cover the cost of the project. He is also aware of a citizens’ movement to raise money for the Booth and to date there has been one $50,000 anonymous pledge.
Trustee Barnett commented that he felt that the booth was both a symbolic and unifying aspect of Tuxedo Park and he would like to see it replaced. He has three concerns. The first has to do with safety. Due to safety concerns, the current plan calls for all stationary, bulletproof windows, which he feels would spoil the intimacy and the personal connection that previously existed. Secondly, he wonders whether or not the Police Department is agreeable to having a booth. Finally, there is a question of financing. There has been a lot of discussion regarding whether or not the project should be financed all at once or over time. His preference would be to pay for the project over time with borrowing, which would hopefully be reduced by donations and contributions from residents.
Trustee Gluck stated that he felt it was “a little too amorphous” at the moment. There exists the concept for a booth. He likes coming home and being greeted personally, by name. He does not have any confidence that this kind of experience would be repeated with the current configuration of the booth as proposed. There exists a number, $200,000, but he does not know what this number does. He does not know how the project would be funded or what the financing terms would be. He feels it would be better if they had something a little bit more concrete in terms of a feasibility study or statement that would indicate what they would be pursuing. Financing is difficult. Municipalities cannot just go out and get loans, they have to do a bond and these can be difficult and very expensive. All of these things need to be sketched out and looked at in comparison to other alternatives. Once that has been done, they will be able to have a meaningful discussion.
Mayor McFadden inquired as to what Trustee Gluck felt some of the alternatives might be.
Trustee Gluck responded that one alternative would be doing nothing. He feels things have improved dramatically both entering and leaving the Village. Another alternative would be an island with use of technology. A third alternative is a different configuration, which involves routing traffic around the Keep in another direction.
Trustee Moon stated that he had been in favor of what he called “the drive through ATM” or an island with technology. Intuitively he feels this would be less expensive and also safer for the police. However, the results of the resident survey showed that the people favored having a manned booth at a ratio of 3:1. “I’m just a Trustee. I’m here to protect assets and help people. If the people wanted a manned booth, that’s fine. I’m glad to support that.” He went on to say that he was greatly concerned about the cost of the project. “We don’t have any extra money people.” This is a bad budget year. Next year’s budget might be lighter as there are several single-year expense items in the 2018/19 budget that probably will not exist in later budgets, however if there were to be private funds put towards the project this would be the best solution in his view. A manned booth seems to be what the people want and this would satisfy the Village’s budgetary constraints.
Trustee McHugh commented that he had always felt that the booth survey had been fundamentally flawed because there had been no costs associated with it. “Asking people what they would like without a dollar cost associated with it seems a bit irresponsible.” He feels that a fundamental change took place when the gate guards were dismissed and replaced by police officers. He believes there needs to be a dialogue about bringing back the gate guards and not using the officers if they are going to move ahead with a manned booth, which he personally is not in favor of. He thinks that technology can solve a lot of the existing issues and they are presently doing several things in this regard. For example, they are installing more cameras near The Keep and improving the intercom system. These things do not preclude a booth, but what they are trying to do is to enhance the service element without bankrupting the Village, which he feels is the most prudent thing to do. When he looks at the litany of things that the Village has to deal with, the booth is low on the list. They are looking at a tax re-assessment, I & I obligations that have been deferred from previous budgets, significant water losses and a pumping station that is working at 85% capacity, issues in the Lakes and recent correspondence from residents suggest that nobody is interested in a tax increase. Something has to give and in looking at the list of issues the Village faces, he feels that the booth should not be at the top.
Mayor McFadden thanked the Trustees for their comments and indicated that the Board would be discussing the issue further in the future.
Next, the Mayor commented that earlier in the week the Village had been contacted by the folks who were working on an arrangement with TPS to bring students down to the Racetrack for an educational session and tree planting in celebration of Arbor Day on April 18. There was a discussion regarding insurance and indemnification. Mayor McFadden felt strongly that parents of the participating students should be given a form to sign because of the tick problem in the racetrack. He did not feel that the indemnifications that were in place were not sufficient. “We do not want to mess with ticks!” Referencing a 42 million dollar lawsuit made by a woman who went to Hotchkiss and received a debilitating tick bite while on a fieldtrip, the Mayor stated that he had offered TPS an alternative to the original plan, which involved closing one of the roadways to traffic in order to allow students to stand outside the racetrack for their lesson. In the meantime, he reached out to the Headmaster, who was in agreement and had already devised some alternatives for the students.
Finally, the Mayor reported that the Board was in receipt of a fair number of letters from residents asking them not to go above the tax cap and not to pass the legislation, which would allow them to do so. He felt that all the letters were very good and he agrees with many of them. Several authors cited the fact that many other municipalities stay within the cap however, according to Mayor McFadden; many of these same municipalities do pass the legislation in case they do end up needing to exceed the cap. He assured Residents that passing the legislation does not mean that the Board intends to exceed the cap. They took a very conservative approach to the budget with a line-by-line analysis. They analyzed both the DPW and police budgets, requesting revisions and reductions from both departments. Responsible cuts were made to the general budget, but they did not mess with the comptroller’s essential rules and regulations as they relate to reserves and things of that nature so that the Village retains the proper amount of reserves in order to maintain the proper accreditations. In fact, the Village just received an upgrade in its’ financial status from the comptrollers office. “We tried to put everything in there without kicking anything down the road and I believe that we have a very thoughtful budget and we don’t need any incentive to come in below the cap. We are very confident in the work that we have done. We had a very productive public hearing on Monday with excellent questions.” He does not feel that passing the legislation will put them on the road towards “slipping down a slippery slope,” and therefore they are still intending to present it.
Public Hearing For Local Law Intro D3 of 2018:
Click hereto listen to an audio recording of this hearing.
The public hearing for Local Law Introductory D3 of 2018 was continued to Friday, April 27 at 8am.
Public Hearing For 2018-19 Tentative Budget:
Click hereto listen to an audio recording of this hearing.
The public hearing for the 2018-19 budget was closed. Written comments will be accepted through Friday, April 20.
Police Report:
Chief Melchiore reported the following for the month of March:
Non-Criminal Offenses – 380
Criminal Offenses – 2
Motor Vehicle Accidents (property damage only) – 2
Traffic Tickets Issued – 7
Warning Tickets Issued – 6
Fire Alarms – 5
Intrusion Alarms – 3
Assisted from other Police Agencies – 3
Resident Vehicle Tags Issued – 892 (YTD)
Non- Resident Vehicle Tags Issued – 297 (YTD)
Miles Patrolled – 2,596
Additionally, approximately 1,300 per day enter the Village via the Front Gate.
The Department met with Trustee McHugh along with a representative from a license plate reader organization. The Department’s proposal is to install readers at both the Front and Back gates. The readers would provide an accurate count of vehicles coming into the Village, while collecting plate numbers. The department will then be able to tell if the plates are suspended or revoked, etc. Additionally, resident plates can be programed into the readers, as can those of any individuals who might not be allowed entry. The numbers go into both State-wide and Nation-wide databases, where they can be checked for criminal activity, and the Department of Motor Vehicles also has access to them. This would be a major security enhancement for the Village. A proposal from the company is expected soon and once it has been received, the Department will present it to the Trustees.
Trustee McHugh added that the functionality of the readers would allow them to program the gate arm to automatically lift for resident plates. This might not be beneficial at the Front Gate, where there is a single line of traffic, but would make a difference at the Back Gate. “The technology is there if we want to do the dollar spend,” he added.
DPW Report:
As DPW Superintendent Jeff Voss was not present, no report was given.
Building Department Report:
As John Ledwith was not present, Trustee McHugh provided an over-view of the Building Department report, which can be reviewed by clickinghere.
Committee Reports:
Wee Wah Dam – The project is at 85% completion. Work is beginning on the curved wall of the auxiliary spillway. This portion of the work has proven to be a bit contentious with the contractor, who originally estimated that the repairs would cost $120,000. After roughly 3 months of “acrimonious meetings” the Village has opted to “go with time and materials on that” and the work is proceeding. In terms of expectations, the DEC visited and assessed the site and with the exception of cracks in the floor of the auxiliary spillway, they are pleased with the work. The Village will either need to do a chemical grout injection or repoint sections of the floor in order to address the cracks. Significant completion on the project is expected anytime from May 10 – May 18. This means that the DEC will come back and assess before signing off on the structural rigidity of the dam, which will allow the Village to begin putting water back into the Wee Wah. Assuming average precipitation rates it should take 20-40 days to refill the lake. On top of this, the Village will need to drain Pond #3 4-5 feet in order to repoint the dam wall between that lake and the Wee Wah. This work will be delayed until significant completion of the Wee Wah dam at which point the water from Pond #3 will be moved into the Wee Wah, helping it fill up faster.
In an effort to put a little clarification on the discrepancy of $120K+ that is being argued by the contractor, Mayor McFadden wondered if the issue could bring work on the project to a halt.
The answer was no. The Village attempted a global settlement, which has not progressed terribly well. They then decided to move forward with time and materials given where the project stood in terms of the scope of work.
Given the risk assessment, the Mayor wondered whether Trustee McHugh felt the Village could be moving towards litigation.
Trustee McHugh responded that while the Village would not welcome such a lawsuit, they felt very confident in their position on all the issues and he believes that the contracting document supports their stance.
Trustee Gluck added that in terms of filling up the Wee Wah, they are anticipating a level of 492 feet, which is much higher then the Village has seen in many years. To put this into context, two summers ago (which is the last time there was swimming permitted in the lake) the level was at 486 feet, and it is currently at 481. All of the time estimates that have been provided for when the lake will fill are subject to normal rainfall patterns and deviations there of. “It’s cutting it pretty close in terms of a high level swim season,” he commented, adding that there was a degree of comfort that given normal rainfall there would be at 486 feet by the end of May, which again was where it was two summers ago.
Trustee McHugh stated that the contracting work with the engineer firm would be ending on April 30 and an additional work authorization would need to be approved in order to allow them to work through May 18. This will cost $24,500.
Mayor McFadden wondered where this would fit into the contingency and Trustee McHugh responded that it was still within. To date, just over half of the $250,000 contingency has gone to engineering expenses. The problem at hand is that while the engineer can recommend to the contractor how the work should be done, they cannot dictate this, and the contractor has not kept on schedule.
The Board then voted unanimously in favor of authorizing the additional work (engineering expenses and project management) at a cost of $24,500.
Risk Assessment/Summary Review of Village Litigation – Village Attorney Brian Nugent provided the Trustees with a review of litigation that is not covered by the Village insurance carrier. Sean Madden brought an article 78 against the Village concerning denial of FOIL requests in June of 2017. This included a declaration that the Village had violated FOIL and direction that they comply with the request. Additionally, Mr. Madden requested that former Trustee Guazzoni cease using his personal e-mail server and a few other items. The Village moved to dismiss the petition in December of 2017. In January of 2018, Mr. Madden filed a cross-motion to disqualify Feerick Lynch MacCartney from representing the Village. On April 2 the judge issued a decision dismissing the Madden petition in all respects and denying the cross-motion. Typically, the next step would be an appeal, or things may just rest where they are.
Earlier this year the former Mayor, Mary Jo Guinchard, and her husband brought an Article 78 against the Village arising from a small claims assessment review. This was a SCAR proceeding. Challenging this, on April 6 the Village submitted a motion to dismiss. There was opposition received from the Guinchards, to which the Village replied on April 11. Everything has been fully submitted and the Village awaits a decision.
Finally, there was an action brought by Rob Zgonena and former Trustee, Claudio Guazzoni against the Village. This was a summons and complaint filed by their attorney, which claimed that Mayor McFadden had signed a consultant agreement with John Ledwith without Board authorization. When the complaint was first received, in an effort to avoid further litigation, Mr. Nugent sent a letter to the opposing attorney because there was a public meeting and certified resolution at which the signing of the agreement was authorized. A copy of the certified resolution was also sent. There has been little to no communication from the opposing attorney since. An adjournment allowing them to confer with the Board was requested but they did not receive a response. Therefore, they filed a motion on behalf of the Village to get the adjournment and this was granted. The judge also imposed a $100 penalty for not granting the adjournment in the first place. Following this, a motion was filed on April for dismissal. A copy of the resolution was provided, including an affidavit from Trustee Gluck, who made the resolution at the meeting and was present when it was passed. The return date is April 27. Opposition papers are expected by April 20, after which the Village will have an opportunity to reply before the matter is fully submitted. Mr. Nugent fully expects the entire issue to be dismissed as there is “no issue to even litigate.”
In closing, Mr. Nugent added that while there are certain strategy issues and things that are for Attorney/Client privilege, everything he had just been disclosed concerned public documents which had been filed with the courts and were available to everyone.
Code Red – Mayor McFadden reported that while the Code Red system had been run by the Board in years prior, he had decided to turn it over to the police because he felt they were the proper authority to be running it. However there were two Code Reds recently that he feels were more subjective. He has spoken with the Sergeant and these types of calls will not be happening again.
Pubic Comments:
Mary Graetzer commented that she had been unable to attend the Solitude Lake’s Management presentation the week before, but she has read Dena Steele’s “excellent” report on TPFYI and had listened to a recording of the meeting and felt the need to come down and make a very short and simplistic statement. In reviewing the meeting notes one word kept rising to the top for her and that was “reservoir.” It really concerns her that anyone is considering putting chemicals into the reservoir and messing with the drinking water when there has not been any long term study to show what the effect on humans might be. “I just came down here to plead with you,” she commented, “please don’t screw with our drinking water.”
Trustee Moon responded that he had spoken to Susan Goodfellow about this issue and he feels that there has not been enough discourse about putting chemicals into Tuxedo Lake. There needs to be more study and more discussion.
The Mayor, and Trustee Gluck agreed with these sentiments.
With regard to the milfoil in Tuxedo Lake, Rikus Vanderlee inquired as to whether there existed any evidence that the hand pulling by divers was actually working.
Mayor McFadden responded that there were metrics. The Board has an analysis done by Solitude Lakes Management that provides an overall scope of the issue and details where the weeds are located and whether they are intermingled with other types of growth. Last season they focused their efforts on clearing the areas closest to the two major boat launches on Tuxedo Lake as disturbance in these areas churns up a lot of seeds which in turn causes the weed to spread. There were good results from this. Moving forward, they will be asking the divers to provide estimates as to how many pounds a day per diver are removed. He went on to say that Solitude has also completed follow-up testing of the areas where pulling has taken place so that they can determine how successful the effort has truly been. “It’s not an exact science. Anyone will tell you that it can grow back. You’ve got to get the crown and so on and so forth. As you know, we have such a devastating problem.”
Trustee McHugh commented that they had received a presentation from Solitude, which suggested that the vacuum harvesting is not working and is a waste of money. “They (Solitude) have a very strong opinion and I think the general sense is that nobody in this audience, and nobody on this Board is leaning towards doing anything that they are recommending with regard to our drinking water. We are looking for alternative opinions and a second opinion to see what we get and see what alternative options there are.” He likened it to receiving bad news from a physician, noting that when this happens, frequently second opinions are sought. “We would be happy to spend $10,000, and I think it would be $10,000 well spent, getting a second opinion which either gives us comfort or it gives us prospective, and then we can figure out a course of action.”
Mr. Vanderlee responded that he knew very little about it, but he felt there had to be others who had solved this problem.
Mayor McFadden responded that indeed there were and that there were many options from dredging, to harvesting, to attempts to freeze to chemicals. The studies have been done to determine where the weeds are and what their density is in various locations. Now it is a matter of getting a second opinion and determining how to proceed. “Solitude Lakes Management feel that the horse has left the barn because it has grown so significantly from a small saturation to a major saturation.” They are suggesting that chemical treatments on an every-other-year basis over the course of 2-3 years will get the job done. They feel this would not be harmful to the drinking water. “We will not be making any move other than harvesting on the lake this year. We have time to get these second opinions and try to line up a long-term lake plan for next year.” He went on to add that the Trustees had been receiving terrific input from the Lakes Committee, headed up by Jim Hays, and that he was confident that they would be able to come up with a solid plan. There is an issue of expense. Harvesting is quite costly. They will be monitoring the Wee Wah closely, as there was a freeze while the water level was drawn down and they want to know if this had any effect on recurring growth in that lake. They are also considering doing a test of 6 acres using the chemicals in Pond #3 to see whether or not it is effective. For now, they plan to retain a harvesting strategy in Tuxedo Lake again focusing on the two main launch area “because the more you churn the more you spread.” They are also consider implementing further boating restrictions to keep folks out of areas where the milfoil exists in high concentration, such as near the Dam, the Regna House and at the south end of the lake. They are also considering requiring boaters to carry nets for the purpose of removing floating fragments, which can actually be very effective. Additionally they are looking to give the Building Department and DPW the authority to remove other invasive plants growing along the shoreline. One other thing that has been strongly recommended to them is to begin creating berms and vegetative barriers along lake front properties to catch run-off and prevent erosion. There are some residents who are agreeably moving in this direction, while there are others who have completely stripped their properties.
Dena Steele commented that there had been many reports of residents encountering red foxes during the daytime as of late. Red foxes frequently come out during the day. This does not in anyway suggest that they are rabid or that there is anything the matter with them. She read aloud from “The Humane Approach to Living with Wildlife,” which explained the often brazen behavior of these animals in relation to humans. Simply put, they are out in the day because they feel comfortable in their environment and they do not pose a threat.
As a follow up to her report about placing ads in the Photo News for open Board positions in Town the month prior, Michele Lindsay reported that there had been a great response, resulting in 10 great applicants. She encouraged residents to remain informed and follow the process as it moves forward. She suggested that what could happen was that all areas of the Town could have representation on the Boards. Currently, there is only one person from the Park and one person from Northern Tuxedo serving on the municipal Boards. Noting that there had been some obvious concern expressed that evening with regard to the future of the Village, she further encouraged residents from the Park to come to the Town Board meetings and inform themselves with regard to what is happening there as this could be helpful.
Mayor McFadden suggested it would be great if residents from the Town attended the Village meetings as well.
Mrs. Lindsay responded that she wasn’t sure that residents from the Town knew they were welcome at Village meetings.
Meg Vaught pointed out that legally The Village was a part of the Town, but the Town was not a part of the Village. This was met by murmurs of agreement from the audience.
Mrs. Lindsay next commented that as liaison to the school, she had attended the school Board budget workshops and felt that they had been extremely easy to follow and open. She feels the school Board is to be commended for really trying to do the best they can under the circumstances. They are also interviewing educational consultants in an effort to make the best decisions in terms of how to move forward.
Mayor McFadden then asked Mrs. Vaught if she was still on the school board. Her answer was yes. He asked her if she was running again and she responded that she was. “You have my support,” he stated.
“Thank you,” replied Mrs. Vaught.
Old Business:
EAF & Lead Agency Status – Local Law Introductory D1 and D2 of 2018:
Mr. Nugent indicated that some of the SEQRA documents had not gone out while the public hearings were open. He advised that the Board re-open the hearings and pass a resolution declaring lead agency status for the Village on both laws. The hearing would remain open until the next meeting, which would provide the public with time to review the documents if they want. The Board can then close the hearing and vote on the laws. The Board was in agreement and this was subsequently done.
Snow Plows – As reported last month, there was some damage to private property as a result of plowing. The Village has since collected all the information and is in the process of establishing a repair strategy.
Mrs. Vaught noted that her next-door neighbor, who was frequently not in residence, had experienced significant damage to a stonewall along Ridge Road. She wondered if this had been included in the plan, as she was not sure anyone had been home to report it. It was determined that it had not been noted to date, but the Mayor assured Mrs. Vaught that they would take a look and add it to the plan.
Mr. Vanderlee wondered why the plow drivers who made these errors in first place were not responsible for reporting them. He does not feel it should be the responsibility of the homeowner to report the damage inflicted upon them to the Village in order to have them repaired.
The Mayor agreed, adding that they had requested that moving forward the DPW keep a log showing which drivers were in which parts of the Village during each time period. The Village will be making the necessary repairs. They plan to notify their insurance company to see if any of the work can be covered that way.
Trustee McHugh added that plowing was a tough job and that everyone had expectations with regard to wanting the narrow roads cleared.
New Business:
Discuss Police computer/printer – There are two computers, one dead and one failing, in the Police department that need to replaced. In the process, they are hoping to obtain a wireless printer as well, which will allow the department to communicate with other agencies. Total cost is expected to be under $2,500. Currently there is no money left in the police budget to cover this so they would need to find money elsewhere and transfer it over.
Debbie Matthews suggested that the Police had not used up all of their uniform allowance and that the funding could come from there.
Chief Melchiore suggested that the uniform and cleaning allowances were contractual and could not be used. He further commented that there was some money available in the current budget but he would not know exactly how much until next month.
The purchase of the computers and printer was then unanimously approved and it was agreed that this would be temporarily allocated to line item 2131-5, until they could get a more accurate picture as to where the funds would come from.
Town of Tuxedo Recreation Request – As in previous years, the Town of Tuxedo is requesting use of the Wee Wah Beach Club in connection with their summer recreation program. They have sent a request letter and as per the Village’s existing agreement with the Beach Club, the request must be approved by both the Club and the Village. The process has been reorganized and streamlined a bit this year in that technically speaking, the Recreation Department will be contracting directly with the Beach Club and agreeing to follow their rules and regulations. The Beach Club will be responsible for overseeing this process. They will provide the required insurance certificate.
Trustee McHugh commented that he was not “too enthralled” about allowing kayaking on the Wee Wah given the extent of the milfoil issue. Closing off the swimming area was one thing but unfettered access to the entire lake was another. Secondly, he wondered how they would know what the Beach Club would do with the $4,800 paid to them by the Recreation Department. What is the accountability process there?
Trustee Gluck responded that the Beach Club annually provides a closing budget and a statement of how they expend their funds. He would expect that the $4,800 would go into their operating budget and they spend it as reported later in the year. He does not believe that there is a requirement that they have an advanced statement of their proposed budget before the season.
Trustee McHugh wondered when they could expect to see the Beach Club budget.
Trustee Gluck replied that they annually provided a statement of expenditures at the end of each season. With respect to Trustee McHugh’s first concern, Trustee Gluck commented that he felt both the Beach Club and the Town should be made aware of the situation with the water levels and uncertainties regarding milfoil. At the present time the lake has been lowered and there is no milfoil issue. If a situation develops it is within the Village’s jurisdiction to place whatever restrictions they feel might be appropriate on boating.
There followed a lengthy discussion with regard to the process of steam cleaning boats before they enter the Village Lakes, past, present and future. The Mayor is proposes that moving forward, the Village initiate a logging system in order to keep track of those boats that have been cleaned.
The Board then voted in favor of approving the Town’s request with Trustee Barnett abstaining.
Announce –Bulk Trash Pick Up Day – Saturday, May 19 beginning at 8:00am:
Bulk trash pick up day in the Village will occur on May 19. All items must be curbside by 8am.
Award Bid on DPW Surplus Dump Truck – The Board voted unanimously in favor of awarding the sole bid received for the DPW surplus 2018 dump truck to A Better Deal Inc. (Dover, NJ) in the amount of $10,001, with payment to be made to the Village via a certified check.
Resolution – Westin & Sampson Proposal for I & I – The Board voted unanimously in favor of approving the proposal from Westin & Sampson for engineering services relevant to the Village sewer and wastewater infrastructure, improving planning on an as-needed on-call basis for time and expenses at the rates, terms and conditions as specified in the provided schedule.
Trustee McHugh added that this was a function of the Village having been deficient during the current fiscal year. The previous engineer was meant to take it on, but did not and in light of this, the Village felt it prudent to go back and bring themselves up to speed with Westin & Sampson who did the initial proposals and RFIs.
This is purely a fact finding mission to determine where the Village is, what still needs to be done and what the best course of action will be. Then they will go out to bid. These are consulted fees associated with that.
Resolution – Purchase of Wood Chipper as Approved by the Executer of the Salm Estate – The Board voted unanimously in favor of purchasing a wood chipper as approved by the executer of the Salm Estate. The wood chipper will be stored at the DPW facility and the Village is hoping to use the wood trips to enhance trails throughout the Village.
Resolution – Appoint Election Inspectors for June 19 Village Election – The Board voted unanimously in favor of appointing Jay Bonnell and Kurt Haug as voting machine operators, Desiree Hickey and Diane Sanford as table inspectors and Jean Hung as alternative table inspector at the rate of $225 for the day, which is 6am-9:30pm.
Resolution – Invasive Species- Trustee Gluck explained that the resolution at hand would direct the Building Inspector and Code Enforcement Officer to work with Village property owners with respect to developing a plan to mitigate fragmites. Fragmites is an invasive species that looks a lot like cattails. It appears in two spots on the reservoir and there is also a patch of it by the Wee Wah. It can grow 20-30% per year and is much easier caught and dealt with earlier than later.
The Mayor inquired as to whether the mitigation costs would be at the expense of the Village or the property owners, given that the fragmites in question is growing on the shorelines and the Village owns the lakes.
Trustee Gluck responded that he believed that the expense would be to the property owner up to the shoreline of the lake.
Following some further discussion, the Board voted unanimously in favor of the resolution.
Discuss Purchase & Financing of New Dump Truck – Trustee McHugh noted that the purchase would be subject to the close and receipt of funds on the sale of the surplus truck. The Board then voted unanimously in favor of purchasing a 2019 Ford F550XL with regular cab 4X4DRW 145WB60CA in green gem and a price of $55,263. Financing to be determined.
Discuss 2019-2019 Cooper Arias Contract Renewal (Village Accountant)- The Board voted unanimously in favor of renewing the contract with Cooper Arias. Everyone has been thrilled with their work and it is the collective belief of the Board that they are a good value in terms of cost.
Commissioner and Board of Commissioners – The Mayor appointed himself as Village Police Commissioner.
Public Comments:
Following up on comments made earlier by Michele Lindsay, Meg Vaught reported that that this year’s school budget has been reduced by nearly 5%. Additionally, the Board has agreed to give almost $400,000 back to the taxpayers over the course of the next 7 years. The reason the money will be returned over a 7 year period is because the annual tax cap is determined based on the prior year’s budget. Therefore, if they returned the money in one lump sum, they could wind up with not enough funding in the following year.
The Mayor responded that this was terrific news and thanked Mrs. Vaught for her hard work.
Also thanking Mrs. Vaught for her work, Trustee Moon inquired about the educational consultants.
Mrs. Vaught explained that the Board had interviewed a total of 3 consultants the week prior and were expecting to make a determination the following night at their regular meeting.
Trustee Moon wondered whether the consultant had been charged with creating a strategic plan.
Mrs. Vaught replied that the BOE had been approached by community members, who were concerned about the future of the high school and its viability moving forward. The community group had suggested that the BOE split the cost of a study with the Town of Tuxedo, however the BOE ultimately decided to assume the responsibility themselves. An RFP was subsequently put together, tasking companies with analyzing the current program and costs there-of in comparison with those in the surrounding districts and to present various options for the district moving forward in terms what would the best way to educate children in the community. It asks for current comparisons but also takes into account the proposed development and asks for projections based on that development both in terms of enrollment as well as tax dollars and home values for the next 10-15 years if possible. The results of the study along with the options and recommendations presented will hopefully provide the BOE with a strong foundation for a strategic plan. The RFP is available online for review on both the school’s website and TPFYI.
Mayor McFadden inquired whether the BOE felt the size of the school was inhibiting home sales in the community.
Mrs. Vaught responded that speaking for herself only, she felt it depended on the way in which the school was being presented to prospective buyers. It is an extremely small school, but the program is very strong. This year’s graduating class has already been accepted into over 65 colleges and universities, many of which are ranked in the top 100 nationally. State test scores are rising each year and the Elementary school has the highest scores in Orange County. There are people who are looking for small schools and are coming into the community for this program.
Trustee Moon added that just this year his son had received a $125,000 scholarship to Rensselaer Poly Tech. Although there was some turmoil in the school immediately following the departure of Greenwood Lake, he feels it has rebounded and that the academics have always been strong.
The Mayor agreed, commenting that both of his sons had attended.
Mrs. Vaught encouraged everyone to come and educate themselves first hand by attending meetings rather than believing the multitude of rumors and false information that tends to fly around the community via email each year at budget/election time.
Trustee McHugh inquired as to where the BOE had found the $400,000 to give back over 5 years and also where the 5% savings in this year’s budget had come from.
Mrs. Vaught responded that the $400,000 was the result of expenditures having been overstated in previous budgets. Of the total overstated amount, $400,000 will be returned to the taxpayers. Another portion will be put into the District reserves, bringing them up to 4%, as advised by comptroller in order to ensure strong economic health. The Board is looking to put an additional $350,000 into two different reserve funds (Repair & Capital Projects) to help them address a plethora of Capital projects that need to be done, such as roof and boiler replacement and repairs to the front steps at the high school. These reserves must be established by proposition and the intent is to put the propositions on the ballot in May. Once the propositions have been approved, the BOE must seek further voter approval before they can actually use the funds in the reserves to for a capital project. The 5% reduction comes mainly from the elimination of debt service in this year’s budget as well as efforts to restructure some things and cut back on some employee hours.
Trustee McHugh wondered whether the debt service would return in subsequent budgets and the answer was yes, the debt will be worked back into the budget gradually over time.
Trustee McHugh wondered if there was any assumption with regard to revenue coming from Related in the budget.
The answer was no. Mrs. Vaught further indicated that Mr. Dance seemed “pretty staunch” in his position with regard to the high school and she personally did not feel that he had any intention of budging on the issue, much less remitting payment to the District once the building began.
Trustee Gluck wondered if there were anything formal or informal that sets out the different view on the cost per student and what the numerator and denominator should be.
Mrs. Vaught responded that there were State generated numbers online and that she would be happy to share these with the Trustees via email as a follow up. While she personally believes the numbers are still somewhat high (roughly $18,000 per student) as a result of the lower enrollment, they are nowhere near the $56-$58,000 range that has been quoted recently both in community emails and the Times Herald Record.
Trustee Moon added that New York Law requires a medical safety net for students with disabilities and that this is very expensive. “It’s not just education,” he stated, adding that less than 25% of the school budget was discretionary.
Other Business:
Moving on, Mayor McFadden noted that before closing the meeting he wanted to briefly address the sewer, which he thinks they might want to consider for the upcoming tax year. He had previously suggested establishing a sewer district, but upon further research discovered that a Village could not do a sewer district. However, a Village can establish an assessment of who pays what portion of the costs and then allocate the costs accordingly.
Mr. Nugent added that moving to a unit-based user type of system would provide several benefits. One of these relates to the tax cap calculation because those funds would not count towards the calculation and this might give them some more room.
Mayor McFadden asked Village Clerk Debbie Matthews what the overall cost of the system was, which was ultimately split equally between the property owners.
Mrs. Matthews answered that if debt payments were included, the figure would come to somewhere between $350-400,000. This represents operating expenses and salaries and it accounts for roughly 8% of the total budget. The debt comes from a direct loan the Village took to construct the sewer plant.
Commenting that the Village would not be able to make any sort of profit off the move, the Mayor asked the Trustees to think about this as they moved forward into the next year.
Special Village Board of Trustees Meeting/Public Hearing on Tentative 2018/19 Village Budget, April 16, 2018
The Village Board of Trustees held a special meeting on Monday, April 16, for the purpose of conducting public hearings for Local Law Introductory D3 of 2018 and the Tentative 2018/19 Budget. Trustee Moon was absent.
Public Hearing - Local Law Introductory D3 of 2018 (Tax Cap Override):
While the Tentative budget remains just under cap, the Board recognizes tha,t as a result of public input they may wish to add some additional items. For this reason, they are proposing Local Law Introductory D3 of 2018, which will allow them to raise taxes above cap if necessary.
Click here to listen to an audio recording of the hearing.
Public Hearing -2018-2019 Tentative Budget:
Click here to view a copy of the tentative budget.
Click here to listen to an audio recording of the hearing.
Solitude Lake Management (SLM) presentation, By Glenn Sullivan, Certified Lake Manager “Tuxedo Lakes; Village of Tuxedo Park, April 11, 2018
Mayor David McFadden introduced Mr. Sullivan who began that he was there “to talk about lakes… about what he saw as problems”. Using a powerpoint presentation, Mr. Sullivan started with a brief description of the three Village lakes’ watershed covering 8.24 square miles. 2/3rds of the 8.24 square miles is feeding the Wee Wah so greater impacts from watershed are felt in that lake.
Mr. Sullivan described the SLM process:
· - Identify problem, he noted as a lake manager, he focuses “in lake” and not on the watershed. He sees the lakes’ major problems are algae and Eurasian Water Milfoil (EWM). Tuxedo Park needs to address EWM and algae
· - Review data/info-CSLAP, SLM, Phydro
· - Discuss options focusing on plant and algae situation
· - Review recommendation.
In answer to Dena Steele’s question of how he defined “a real blue-green algae problem” Mr. Sullivan responded that blue-green algae blooming in summer at the height of warmest weather was problematic; an every year algae bloom in the fall was normal in a deep lake like Tuxedo Lake.
A Wee Wah Lake Bathymetry map was presented. Bathymetry maps for Tuxedo Lake and Pond No. 3 are needed .
Wishing to avoid a political discussion, Mr. Sullivan noted that a warming trend encourages algae growth, and that more algae can be expected in the future. Also contributing to favorable conditions for algae growth in Tuxedo Lake is the nutrient load, “whatever that is,” permanently at bottom of Tuxedo Lake .
Claudio Guazzoni asked why nearby Sterling Lake does not have blue-green algae blooms or EWM. Mr. Sullivan was not familiar with situation in Sterling Lake, noting simply that EWM has to be introduced. Many factors contribute to algae blooms.
Mr. Guazzoni questioned the impact of salt from roads on the Village lakes. Mr. Sullivan acknowledged that road salt does change lakes’ chemistry and can have an impact.
He felt there might be some lawn fertilizer runoff contributing to Tuxedo Lake nutrient load, however, he suspects that most of the nutrient is “internally loaded”.
Jeff Marchand asked about the impact of fish population. Mr. Sullivan described the fish as part of the food chain and explained how the fish imbalance contributes to non effective grazing of photoplankton. Photoplankton is eaten by zooplankton which in turn is eaten by small fish which in turn are eaten by larger fish. Inadequate or inappropriate fish populations contribute to algae bloom.
Susan Goodfellow asked about the impact of accumulating levels of CuSu (Copper Sulfate) on fish populations. CuSu is a heavy metal and does not biodegrade, leeching into soil. Mr. Sullivan’s impression is that the little amount of CuSu used in Tuxedo Lake would not increase soil levels. CuSu could be impacting oxygen levels through the decay of biomass though he does not suspect that is happening in Tuxedo Lake.
Mr. Sullivan outlined the “problems that the Village wants to address:
· - Tuxedo Lake
- Algae blooms (the mid summer ones)
- EWM
- Phragmites
- Fishing
· - Little Wee Wah Lake (Pond No.3)
- Algae blooms (plankton and mat algae)
- EWM
· - Wee Wah Lake
- Algae blooms?
- EWM
- Swimming conditions
Mr. Sullivan repeatedly stressed “unmanaged EWM negatively affects water quality.” When EWM grows to surface and is allowed to develop into mats, water movement stops, resulting in warming water, creating attractive substrata for algae growth and worsening water conditions.
Turning to a review of Citizens Statewide Lake Assessment Program (CSLAP) data, Mr. Sullivan was not aware that all three lakes were part of Tuxedo Park’s CSLAP program and not just Tuxedo Lake. Presenting 2016 and some 2017 CSLAP sampling results (full 2017 results are not yet available) for Tuxedo Lake SLM’s concerns are:
- Clarity—below average, particularly in July
- Total phosphorus—above average, up in July, increasing productivity
- Total nitrogen—above average, up in July
- Chlorophyll A—above average up in summer, spiking in July.
Ms. Steele pointed out that the CSLAP Results for 2016 started in July after one of the worst algae blooms that she had seen in almost thirty years of observing Tuxedo Lake had occurred the month prior. The bloom looked like blue latex paint. Both nitrogen and Chlorophyll A were above average in July, probably reflecting the earlier significant algae bloom.
None of the results addressed salinity, observed Ms. Steele, an increasing concern for promoting blue-green algae blooms. She wondered if the Village was monitoring salinity levels as research is showing alarming increases in freshwater lakes. Mr. Sullivan responded that they were not directly ,monitoring other things not included in his summary of results. Questioned about trends in salinity levels, SLM will look at 2017 CSLAP results for salinity level trends and comment later.
Mr. Guazzoni questioned the dramatic increase in phosphorus. Mr. Sullivan noted that algae growth will increase phosphorus levels. When algae dies, phosphorus levels should go down.
Presenting charts on Tuxedo Lake: secchi depth, plants perception, and temperature, years 2008-2016., Mr. Sullivan explained that trends are all going in the wrong direction: decreasing clarity, rising water temperature, and greater impairment from below and at surface plants. Bottom lake temperatures experienced a sharp increase and this could be a real concern.
Carlyn Cappella asked about when the monitoring the lakes had first begun, which Mr. Sullivan suspected started with the CSLAP effort.
Next, Mr. Sullivan presented maps of plants in Tuxedo Lake and the maps from 2011 and 2017 showing the spread of EWM. He described the methodology using a weed rake at 140 sites to understanding lake plant communities. Tuxedo Lake has native water celery, excellent for wildlife, southern naiad, and bass weed, best fish habitat. Tuxedo Lake does not have a lot of native plant coverage in littoral zone (where sunlight still reaches lake bottom). The continued spread of EWM could crowd out what modest native plant distribution is existing in Tuxedo Lake.
Mr. Guazzoni asked about planting native plants and Mr. Sullivan responded that only eelweed has been successful.
Highest density of EWM is at the dam and south end of lake, David McFadden asked why. The flow of lake water towards dam and high organic material at south end of lake might explain high densities. Mr. McFadden asked if other lakes were infested with Tuxedo Lake EWM fragments, flowing into Pond No. 3 and Wee Wah. Mr. Sullivan answered, “Sure.”
He warned of the continued spread of EWM around the whole lake through annual natural ragmentation, but not knowing exactly the littoral zone of Tuxedo Lake he could not be sure of how bad it could be.
Length of EWM plants depends on clarity so in Tuxedo Lake could grow to 15-20’, creating its own advantage by clarifying the water
Mr. Sullivan did not elucidate about the impact of road salt. Chiu Yin Hempel asked the impact of erosion along shoreline and why some areas were more receptive to EWM. Mr. Sullivan felt organic material accumulating at the south end of the lake and littoral zone would contribute to a favorable EWM habitat. He has not looked at the shoreline.
Mr. Sullivan reviewed three methods of plant control:
· - Physical
- Mechanical Harvesting
- Hydro-raking
- Suction/hand harvesting
- Benthic barriers, low tech approach, cost prohibitive $20,000 to cover an acre, will “sediment” over if not maintain properly, nothing grows underneath, best for personal dock area.
Mr. Sullivan explained that “harvesting” spreads Milfoil through creation of fragments, so most physical methods were not recommended especially if the infested area is greater then five acres. Mr. Sullivan dismissed the DASH methodology of harvesting which focuses on capturing fragments through not hand feeding the plant into the vacuum and triple filtering the water.
Ms. Steele questioned the SLM’s opinion of harvesting reading from a Paul Smith College study, “Cost and Effectiveness of Hand Harvesting to Control the EWM Population in Upper Saranac Lake, NY:
“Results indicate that hand harvesting is a viable management technique for achieving whole-lake control of Eurasion watermilfoil; …” “…Hand harvesting has been used successfully in Lake George…”
Ms. Steele pointed out that the people working on Upper Saranac Lake had found hand harvesting to be so effective in getting on top of the EWM that they are using it now in Fish Creek. She did not understand Mr. Sullivan’s opinion. He suggested she ask how much of Lake George was being managed and who was paying for it. He further suggested that the government was paying for it and not homeowners in most cases. He estimated a cost of $5,000 to $10,000 an acre and looking at Tuxedo Lake’s map, he did not think hand/suction harvesting was an acceptable management tool. Tuxedo Park has already spent $184,000 on EWM removal which “did not get us anywhere”. Ms. Steele suggested that perhaps the Village had not been aggressive and dedicated in its harvesting approach. Upper Saranac Lake had an aggressive three year plan, raising money through a foundation to achieve an acceptable level of EWM that could be maintained by continued hand harvesting at a reasonable cost (now at $90 an acre). Upper Saranac Lake recognized that the best that could be hoped for was achieving an acceptable maintenance level since EWM could never be fully eliminated once introduced, maintaining for perpetuity unless chemicals are applied every year. Mr. Sullivan said Ms. Steele should look into the details to see what he was talking about to which she responded she had already looked into the details.
Mrs. Goodfellow questioned how the Village had applied the funds used in the harvesting effort, whether there had been a consistent program in place and how effectively was it implemented. Mr. Sullivan did not respond.
· - Biological
- Grass carp, eat milfoil after eating natives and not easily approved by NYS DEC except for small ponds
- Herbivores, insects which feed on EWM, sometimes suppress EWM, not a reliable management tool
- Chemical
- Herbicides
- Algaecides
When asked about intentionally drawing down the lake to dry and freeze plants, Mr. Sullivan responded that to have any success of delaying growth and suppressing EWM six weeks of contentious freezing temperatures are needed. Unfortunately, there is no guarantee of the necessary prolonged cold to freeze the lake bottom and kill the plants. EWM roots are in the top two- three inches of lake bottom.
Jim Hays asked how one could tell if EWM had been killed and Mr. Sullivan thought that one could dig up and check, but he was not sure. He has seen delays in EWM sprouting in spring after an intentional drawdown but never an elimination. Shoreline ecology is negatively impacted by drawdown.
Asked about torching exposed weeds, Mr. Sullivan did not know results and guessed the NYS DEC would not approve burning . Ellen Gluck asked about weeding EWM out of lake after a drawdown. Mr. Sullivan thought this could be done with a huge effort because of the thousands of individual plants. Mr. Libby asked whether the Village was going to monitor the Wee Wah after the recent drawdown. Mr. Sullivan agreed that the current level of the Wee Wah provides a test case and should be surveyed.
Mr. Sullivan queried cost of hand harvesting but gave no comparison of alternative methods costs for five-ten years of management.
Greg Libby asked about growth cycle and wondered whether EWM was growing now. Mr. Sullivan responded that it was and that one could see the EWM plant dormant but not dead even under ice.
Mr. Sullivan reviewed timing and negatives of using herbicides for plant control:
· Timing
- best in Spring, early summer
- Uptake highest during growth
- Less biomass decay
- More available dissolved oxygen, colder water temperatures hold more oxygen
· - Negatives—ecological and lake use
- Plant decay uses oxygen—SLM test first
- Less plants = more algae-sometimes in eutrophic lakes (Tuxedo Lake is trending to a eutrophic state though not enough of a nutrient load to shift)
- Plant removal changes where the fish can be found
- Herbicides have irrigation restrictions
- NYSDEC Region 3 restricts swimming for a day
- NYSDEC has obstructive permit requirements
- NYSDEC requires notices based on dilution (downstream impacts)
Mr. Hays asked whether these herbicides biodegrade and what is their lifetime. They do biodegrade and their half lives vary from a week to three months. Mrs. Goodfellow asked if the herbicides can sink to bottom or get flushed out.The answer was that some flows out, but a majority stays in lake and is absorbed by plants. Some will fall to bottom and decompose. Herbicides have different breakdowns.
Mr. Sullivan was confident of the efforts of the NYS DEC to review all herbicides after EPA approval, and while not prepared to guarantee the water quality after treatment felt the Village should rely on the expertise and diligence of the NYS DEC.
Mr. Sullivan presented herbicides for plant control:
· - Sonar, can use in drinking water reservoir, says so on label, a common product for EWM, last for two to three years, breaks down plants ability to protect itself from sunlight, slow process
· - Aquathol K, needs to be 1200’ from drinking water intake
· - Navigate
· - Rodeo
· - Renovate, and Navigate make plant “outgrow its food”, selective to broadleaf plants
· - Komeen/Nautique, Cu based, good for six weeks
· - ProcellaCOR EC, newest, registered in most states, not NY, lowest toxicity , very selective in killing plants, will stay where you put it.
“All of the above are used in NY lakes with permits. All of the above can be used in potable water reservoirs.”
Asked about spraying plants after a drawdown of lake, Mr. Sullivan said this would not be effective as plants would not be active and absorbing the herbicides when they were not under water.
Christopher Gow asked what Croton Reservoir was using for hydrilla infestation. SONAR was expected to be used.
Dolores Marchand asked about Rodeo and Renovate and the troubling discoveries after years of related Roundup use. How long have these products been studied? SONAR has been used since 1983 and application rates have been decreased. All these herbicides have to have an Environmental Impact Statement (EIS) which the public can read. Mr. Sullivan indicated that Rodeo does not have the hard surfactants that make Roundup dangerous in water.
Mr. Guazzoni asked about water filters removing chemicals and application of herbicide. Activated carbon filters are usually needed to remove for most chemicals. Liquid herbicides are sprayed on surfaces or injected into water through drop hoses. Granular herbicides are distributed by a spreader. He does not recommend night application or application on a windy day.
Mr. Libby asked about tenting which Mr. Sullivan felt was effective in small areas.
Mrs. Hempel asked about effectiveness of herbicides: will the EWM come back?
Mr. Sullivan rhetorically asked if herbicides were a silver bullet. “No,” he said, “ too many variables for a silver bullet to exist.” Most lakes who manage EWM do so over time:
· - Year one-apply SONAR, EWM gone
· - Year two-still gone
· - Year three-starts to come back
· - Year fourth-retreat with SONAR
Mr. Hays asked if maintenance can be done by pulling. Areas with circulation will experience faster regrowth. Some clients do try to reach a level where hand harvest is adequate. Herbicide treatment does require follow-up.
Mr. Sullivan does believe that herbicide use had better control days results then other methods, i.e., one day of application “have control of invasive”.
Mr. Sullivan reviewed algae control methods:
· - Algaecides
- Copper sulfate (no permit)
- Earthtec (no permit) more expensive then Cu based algaecides
- Other copper algaecide
- SeClear algaecide, binds with phosphorus and sinks to bottom, probable ALUM sulfate and does not release
- Greenclean algaecide, peroxide based, preventative proactive algaecide, weekly application suggested, need permit, 10x more expensive then CuSu
- Sonic solutions
· - Aeration, both below surface for deeper bodies of water and above for small shallow ponds (3 to 6’), lack of oxygen at bottom of lake encourages release of nutrients promoting algae growth
· - Nutrient Inactivation, use of Alumium sulfate
· - Biomanipulation
Mrs. Goodfellow asked about the NYS DEC rationale for requiring CuSu sediment sampling. Mr. Sullivan said NYS DEC responded to one employee expressing concerns about the build up of Cu in sediment. Plus research ,though not in NY , is showing higher Cu in sediment which can effect microvertebrates and zooplankton.
Mrs. Goodfellow asked about SeClear, which has not been forthcoming about their formulations and also about other herbicides. Mr. Sullivan responded that one would always know the active ingredient but EIS is based only on formulation.
Mrs. Hempel asked about the EIS (Environmental Impact Statement) process after Mr. Sullivan suggested reading for comfort on impact of different herbicides. He said an EIS was a large body of evidence, a lot of EIS are done by Washington University.
Mr. Sullivan, without a bathmthymetry map showing the exact contours of Tuxedo Lake, was unsure of EWM infestation (15 acres or not) or size of littoral zone (could be 50 acres).
Mr. Libby asked about cost per acre of herbicide application. SONAR (and all herbicides) pricings can range from $250 to $1500 an acre depending on the individual project.
SONAR does not have drinking water restrictions. Navigate has a weeklong restriction.
Mr. Hays asked about the relationship of development around lakes and algae blooms. Vacationing in the Adirondacks for a lifetime he has not seen an algae blooms in the Adirondacks. He acknowledged that trees are everywhere, no lawns, and forested shorefronts are required by the Adirondack Park Agency. Doesn’t algae have to be related to development? Mr. Sullivan acknowledged development is a factor. At the recent Governor Cuomo launch of the Harmful Algae Bloom initiative, episodic events (an example is rain water funneled into a storm water system that picks up chemicals from roads, yards, roofs and empties into waterbodies instead of being absorbed into a forest floor or slowed down and absorbed by long grasses) were recognized as becoming more common and having a greater impact. Development increases those episodic events. Speaking only to the low density of housing in Tuxedo Park but not how the handling of stormwater was changed, Mr. Sullivan suggested that the Park’s low housing density is a big plus.
Ms. Steele said if the Park were to be created today, Tuxedo Lake would not have houses around it with increasingly more lawns running down to the lake but rather a chain link fence with a large vegetative buffer surrounding it. Tuxedo Park’s accessible reservoir is unusual and is one reason why the Village is so protective of its lakes. “We, the residents of Tuxedo Park, are protecting the lakes, not the NYS DEC.”
Ms. Steele also asked about the cost of the Wee Wah aeration, initial and maintenance. (See below for answer.)
Nutrient inactivatio is the addition of aluminum sulfate to bind with phosphorus,stopping release into water body.
Ms. Steele asked about the chemistry of the Village lakes, existing and with the addition of more chemicals through herbicides. How do they know what is going on chemically in the lakes now (road salt, goose poop, etc), how do they know how these new chemicals (herbicides) will impact the chemistry and how do they monitor? Mr. Sullivan stated that the Village water department is watching now, testing, He has seen reports that show a process to take the harmful things out of the water before they reach the residents. CSLAP is looking as well. Ms. Steele expressed her concerns that a lot was going on chemically in the lakes and that perhaps they are not fully aware of: studies showing increasing salinity in freshwater bodies, Princeton Hydro at a recent PRISM workshop noting that CuSu treatments could actually be encouraging blue-green algae. She continued that the Village’s drinking water reservoir does not have the normal protections (vegetative buffers, chain link fences, etc) so the community has to be more protective. Mr. Sullivan responded that he could only make recommendations but he could not make the Village manage the lake. If the Village decides to let the lake go… Ms. Steele said she was not proposing that at all. She does not want to see decisions made without a full understanding of the nature of the lake. Mr. Sullivan feels that the Village has a pretty good picture. He thinks that the (2009) Princeton-Hydro report was pretty thorough and provided a good overview of the situation. One of his recommendations is to continue CSLAP, which he feels is a very valuable tool.
Mr. Libby reviewed the usually budget driven fish stocking, which has been occurring since the Park’s creation, and wondered whether the Village had been doing it wrong. He asked if the Village should be directly harvesting the herring. Mr. Sullivan acknowledged that he is not a fishery biologist and believes stocking trout makes sense in keeping herring population down. He did not know if harvesting would be beneficial, not having a fishery survey to go on. In years past, fishery studies had been recommended. The Village could hire SLM to do a fish study or the Village could just monitor and consciously document what the fishing community is catching. The information would be valuable. He could not say whether harvesting herring or stocking trout was better. Nevertheless, he is suggesting that the Village stock trout for another year.
Ms. Steele pointed out that when asked about biomanipulation (specifically stocking of Tuxedo Lake and the effects ) in April of 2014, Chris Doyle of Allied Biological (a predecessor company of SLM) recommended that before undertaking any sort of biomanipulation, the Village should conduct more studies, especially a fish study. Also, at the same time, the NYS DEC wrote in reference to blue-green algae blooms in Tuxedo Lake “ Theoretically, it is possible that an ecological link between the fish populations in the lake and the algae blooms MAY exist”. Ms. Steele queried about the benefit of a fish study before more money was spent on stocking the lake. Mrs. Goodfellow also felt a better understanding of the fish population would make subsequent actions of the Village more effective.
2018 Plans/ Mr. Sullivan’s recommendation:
Tuxedo Lake
· - Make suction harvesting very targeted, to save money for a better method next year.
· - Continued use of Algaecide CuSu of control algae- based on low cost, no permit needed in drinking water reservoir,. Would rather the Village use SeClear but more expensive
· Regularly monitor phytoplankton June to September at least every other week, not waiting until DPW becomes concerned and sends sample to SLM, samples would cost $150 and would evaluate the likelihood of an algae bloom.
· - Survey/map plants at end of season and be prepared for action in 2019
Mrs. Gluck asked about managing phragmites, sooner as opposed to later. Mr. Sullivan stated that phragmites would only increase 10-20% in a year and he did not want to overwhelm the community with another herbicide application. Mrs. Gluck suggested plastic tarp covering phragmites. Mr. Sullivan said cutting down, removing biomass and covering would treat for a season but he would not promise eradication.
Mr. Guazzoni asked what experience SLM had with artificial lakes. 95% of SLM clients are manmade.
Pond No, 3
· - Herbicide with Navigate (granular 2, 4-D) to control EWM in half of the surface area (5-6 acres) as a “test case” so the community could become comfortable with use of herbicides. Navigate will not harm native plant. From what he saw last year a couple of times , the pond needs EWM control.
· - Apply Algaecid eCutrine Plus (liquid chelated copper to control filamentous algae)
· - Permits from DEC before an application (permit has been applied for. NYS DEC contacting residents on or near Pond No. 3) to allow flexibility in proceeding.
· - Survey lake before and after EWM treatment. Expect results in 6 to 8 weeks.
Mr. Sullivan feels that the Village should have a “no surprise” herbicide experience. No better way to manage EWM.
There will be no need to notify folks downstream as the area to be treated is less then 7 acres. 7 acres or more of treatment would require downstream notification. Mr. Sullivan deliberately structured his recommendation to avoid additional notifications. Tuxedo Park lakes are part of the Ramapo River watershed.
When asked by Ms. Steele about EWM fragments continuing to enter and re-infesting Pond No. 3, Mr. Sullivan suggested incoming water from Tuxedo Lake should be filtered to catch fragments.
Audrey Perry asked about the absence of pine trees along Tuxedo Lake which in former years dropped a carpet of pine needles in lake not leaves, wondering whether the Village should take down deciduous trees. Mr. Sullivan said it would be worse as the trees provide cooling shade in the shallowest part of the lake. He is not sure if the Village needs more trees.
Wee Wah Lake
· - Survey lake to assess plant growth and impact of drawdown
· - Village should monitor algae growth by observations and pass on to SLM
· - Install aeration a beach area, one compressor and 3 diffusers, $7,000 to install $500 to 1,000 annual maintenance and plus electricity
· - Plan to control for 2019
Long-term Strategy for EWM & HABs (harmful algae blooms)
EWM control
· - Use systemic herbicides purposefully for 2 years. Mr. Sullivan emphasized the need to be more aggressive upfront and suggested three years of herbicide treatmentfor best results.
· - Encourage native plants—bass weed, eelgrass
· - DO NOT harvest plants or lower lake annually (creates a different lake eco system and weather unreliable)
HAB control
· - Nutrient reduction actions
· - Increase community education/awareness
· - Increase plankton monitoring
· - Treat pro-actively (Earthtec, SeClear)
· - Maintain water treatment facility
· - Manage fisheries
Referencing the use of suction and hand harvesting in the Adirondacks, Mr. Sullivan suggested that the lake associations were not spending their own money and physical harvesting created jobs in the Adirondacks. He mentioned the use of herbicides as opposed to hand harvesting in Minerva Lake.
Mrs. Goodfellow asked why Adirondacks continues to use harvesting methods and relevant current research. Mr. Sullivan responded that he is not a research person but has years of experience on which to base his decision. Mr. Sullivan is confident that the herbicides are well tested by EPA providing a level of confidence. Nancy Hays asked, “if this was the old EPA or the new EPA?”
He feels there is not enough financial incentive for herbicide companies to cheat with aquatic plant herbicides.
.Mrs. Hempel recommended SLM walk around lake to see shoreline vegetation and stressed the need for a plan, specifically a three year plan addressing preventative measures not just treating symptoms. Mr. Sullivan responded that prevention is too late for EWM, but there are prevention methods for algae.
Ms. Steele who recently spoke to a town council person, David Labar, in Minerva, read from her notes of the conversation,
“ starting in 2016, Minerva hired Aqualogic to DASH harvest (EWM) and it was a ‘game changer’…tackling the most dense areas, feeder beds…By 2020 they hope to be in a maintenance mode..” Mr. Sullivan asked about cost which was a $1,000 a day.
SLM highlights steps in Princeton Hydro 2009 Lakes Management Plan
Tuxedo Lake
· - Phytoplankton/Zooplankton monitoring
· - Fishery survey
· - Educational information for residents
Pond No. 3
· - Bathymetric survey
· - Stormwater retrofits, Mr. Sullivan observed that the Village should annually clean retrofits for maximum protection of lakes, otherwise a waste of original investment
Wee Wah Lake
· - Treat with Greenclean Pro, as needed
· -InsItall beach aeration
· - Conduct bathymetric survey-done
· - Address stormwater mgmt. at DPW yard
· - Install salt storage facility
Watershed
· - Streambank buffers Mr. Sullivan’s opinion of the good condition of the buffers was corrected; according to audience, the buffers are actually in poor condition
· - Phosphorus free fertilizer ordinance -already done by Village
· - Education on Canada geese
Mr. Hays asked about vegetative buffers along lake which Mr. Sullivan thought was a good idea. Lawns to the water are generally bad. Some type of buffer is an absolute benefit.
Diane Larsen asked about application of lime on lawns to deter geese. Mr. Sullivan did not know about lime. He is familiar with a grape based substance which if consistently applied discourages geese who do not like taste.
Comparables
Mr. Sullivan presented summaries of three comparables, two residential communities and one corporate headquarter. None of the lakes were drinking water reservoirs, but all were manmade. At the corporate headquarters, a 6-10 foot shoreline aquascaping has proved effective in deterring geese. He will provide photographs.
Comparable: Borough of Scenic Lakes and Distinctive homes” (Borough Mountain Lakes) has weekly monitoring April through September of multiple lakes, ranging in size from half an acre to 80 acres and three dates in summer to test water quality and phytoplankton. The other residential comp, “Community of Forested Lakes” had monthly lake surveys and summer biweekly phytoplankton testing in all five lakes and have been controlling EWM, other weeds and algae for 25 years. Both residential comps had storm-water management activities including redirecting storm-water away from main lake.
There were no reservoir comparables as any SLM reservoir clients are only treating algae not EWM.
Mr. Libby asked if SONAR were to be used on Tuxedo Lake should the Village recommend bypassing the lake for water during application process. Mr. Sullivan responded that If SONAR were to be used, he would be completely comfortable using the water supply. If the Village were using Aquathol K there would have to be drinking water restrictions. Mrs. Goodfellow asked if he was so comfortable with SONAR, would SLM guarantee our reservoir water quality and resident health?
Mr. Gow asked about preventing new invasives from coming in lakes. Mr. Sullivan felt that not having a public boat launch and the Park steam cleaning were effective preventative methods. No other private lake requires steam cleaning. Perhaps signage at the boat launch would be helpful. The Village could also inspect once a year for invasives. SLM would charge $4,000 for this service, or the Village could do it themselves. Educating residents on identity of invasives is also very important.
Post treatment of chemical requires vigilance of root crowns and further treatments.
Mr. Sullivan is more concerned about unpredictable biologicals then well studied herbicides.
Boaters pulling out fragments found in lakes will be helpful in reducing infestation.
Village has been reactionary in treating algae and EWM is not part of a managed plan.
Ms. Steele asked what is the benefit of only doing half of Pond No. 3? Mr. Sullivan wants to see impact before treating the whole lake.
Mrs. Hempel asked for a three year strategic plan with variables, likely commitments, the preventative and so on, so far. Mr.Sullivan suggested that the Village start following Princeton Hydro plan. Mrs. Hempel highly recommends that Mr. Sullivan walk around the lakes to understand impact of topography. SLM is working on a longer-term plan but still has variable the Village does not understand. She stressed the need for a better vision. Mrs. Goodfellow feels the long-term plan should acknowledge current research especially as there is no guarantee being given by any one about the long term health of the lakes.
When asked about filtering water flowing into the lakes, Mr. Sullivan suggested an ordinance maintaining a six-foot buffer. Members of the audience suggested much wider.
Mr. Hays noted that the method Mr. Sullivan was recommending of multiple years of herbicide applications has not been done very often. Mr. Sullivan agreed but feels that his proposed method is likely to have better results.
PRESENTATION BY SOLITUDE LAKES MANAGEMENT – This Evening, Wednesday, 4/11/2018 at 7:00 p.m. in the Village Hall. Q&A regarding the conditions of our lake, and drinking water, and Milfoil saturation.
PUBLIC HEARING ON TENTATIVE BUDGET - April 16, 2018 at 7:00 p.m.
The Board of Trustees has approved a Tentative Budget for the 2018-2019 fiscal year.
As proposed, the Budget is narrowly within the "tax cap". The Budget is a work in progress and may be revised following the public hearing. To provide flexibility, the Board has also proposed a local law which would allow the budgeted tax levy to exceed the tax cap. A hearing on the proposed local law will be held on April 16, 2018 at 7:00 p.m., immediately prior to the hearing on the Tentative Budget.
Village Proposes Local Law Allowing Tax Levy To Exceed Cap
Although as currently proposed, this year’s Village Budget is narrowly within the “tax cap,” in order to provide flexibility, the Board of Trustees has proposed a local law which would allow the budgeted tax levy to exceed the tax cap. A public hearing for both the proposed local law and the Tentative Budget will take place on Monday, April 16 at 7pm.
Public Hearing on Tentative 2018/19 Village Budget - April 16 - 7pm
The Board of Trustees has approved a Tentative Budget for the 2018-2019 fiscal year.
As proposed, the Budget is narrowly within the “tax cap”. The Budget is a work in progress and may be revised following the public hearing. In order to provide flexibility, the Board has also proposed a local law which would allow the budgeted tax levy to exceed the tax cap. A hearing on the proposed local law will be held on April 16, 2018 at 7:00 p.m., immediately prior to the hearing on the Tentative Budget.
The Village Board of Trustees met on Wednesday, March 28, 2018 at 7pm. All members were present.
Mayor’s Comments:
Mayor McFadden opened the meeting by thanking everyone for attending. The Village is in a triad period of responsibilities with the budget process underway and the final assessment rolls for 2018-19 about to be concluded.
DPW Report:
On behalf of the DPW, Superintendent Voss reported that the March 7 snowstorm of 30" was a brutal one. In their efforts to keep the narrow Village Roads clear, there was some damage done by the plows. Minor damages also occurred following the storm as the department used the loader to move large piles of snow. Thankfully, none of the damage was major and the Supervisor stressed that sometimes in situations such as these, things like this are inevitable.
Mayor McFadden responded that he had he had put out a note to the public earlier that day suggesting that the Board would try and find a way to help monitor the situation and find out under what conditions the property damage issues had taken place as a way to help with safety. To this end, he would like to propose a resolution, however he noted that before doing so he would like to gather feedback and suggestions from the Superintendent. He further suggested that a driver’s log might be appropriate, but recognized that there were Union rules that needed to be accommodated and other things to be taken into consideration as well. He asked Superintendent Voss whether he might be able to compile some thoughts in time for the next Board meeting at which point they could discuss it further and move things forward with the involvement of the public. Superintendent Voss agreed to do this and all of the Trustees agreed that this was a sensible approach.
Work on filter #2 at the water plant continues and is going well. Currently they are waiting for parts and media to come in. The exterior work on the Ridge Road tanks is done. Next they will isolate the tanks and drain them one at a time so that work on the inside can commence.
There followed a discussion about road salt. Trustee Gluck inquired as to how much more had been used this year as opposed to last year.
The Superintendent responded that he did not believe it was much, maybe 100 tons. Ordinarily at the beginning of the winter, the department has a full barn of salt, but this year they started the season with nothing. He thanked Mayor McFadden for authorizing the purchase of 100 more tons of salt prior to the recent snowstorm.
The Mayor added that the timing of the purchase was important as it allowed the Village to save some money.
Superintendent Voss concurred, adding that the Village had saved roughly $500.
Trustee McHugh wondered where they would be at the beginning of next season and Superintendent Voss replied that the barn would be roughly 25% full (provided there are no further storms this season)
Police Reports:
On behalf of the Police Department, sergeant Taback reported the following for the month of February:
Non-Criminal Complaints – 291
Criminal Complaints – 9 (8 closed by investigation, 1 closed by arrest)
Property Damage Accidents – 2
Uniform Traffic Tickets Issued – 19
Warning Tickets Issued – 4
Fire Alarms – 2
Intrusion Alarms – 2
Medical Calls – 3
Assists Given to The Town of Tuxedo Police – 1
Assists Given to The Orange County Sheriff – 2
Assists Received – 0
Resident Vehicle Tags Issued (YTD) – 892
Non-Resident Vehicle Tags Issued (YTD) – 292
Patrol Miles Traveled - 18,077
Additionally, approximately 1,300 vehicles entered the Village via the Front Gate on a daily basis.
Mayor McFadden inquired about the number of overtime hours worked and Sgt. Taback responded 18.
The Mayor noted that this was a significant improvement over previous months and the Sgt. agreed. The Mayor further noted that they would be approving a new part-time officer later in the evening and he asked the Sgt. whether he had met him.
Sgt. Taback responded that he had met him and completed his background check. Officer William Vanson is a 25 year vet of the NYPD, currently assigned to the Civil Unit. He is a resident of Rockland County but lives within 10 miles of the Village. Officer Vanson was present at Ground Zero and is a family man, married with two sons. “An all around great guy,” added the Sgt..
Mayor McFadden agreed that it sounded like he would make a strong addition to the Village force.
Dena Steele inquired after the jaw bone that was discovered in the Wee Wah several months back and wondered whether there had been any progress in determining what had happened there, noting that they last she had heard, the bone was post 1830, but that there had been no further details.
The Sgt. responded that the case was open and ongoing. There are five agencies involved with the Village Police leading the investigation. He further stated that at the current time he could not provide any further information other than that they had recovered human remains that were consistent with a jawbone and tooth.
Ms. Steele wondered if they had any sense as to when the case would be resolved.
Sgt. Taback responded that a lot of it would depend on DNA results. There are several types of DNA and while they have received some preliminary information, they have learned very little and are awaiting further results.
Trustee Moon added that the reason they had been able to date the remains as being post 1830 was because the tooth had a filling in it, and prior to 1830 teeth in the United States were not filled.
It was recently discovered that the Village did not allocate any money in the 2017/18 budget for sewer improvements. Prior budgets allotted approximately $200,000 for this project to cover both evaluations and repairs of the system and to comply with DEC agreements that were made several years ago.
The Mayor inquired as to what the agreements were.
Mr. Ledwith responded that the Village had tentatively agreed to conduct an ongoing evaluation and make repairs to the system in order to help reduce in the amount of inflow and infiltration.
Mayor McFadden asked who had signed the agreement.
Mr. Ledwith replied that nothing had been signed. Rather there was a meeting and some correspondence between the Village and the DEC several years back, in which the Village agreed that they would continue to make repairs to the system in the amount of $200,000 annually, however nothing had been allocated to the project in 2017. Because of this, nothing has been done and the Village is a little bit at risk as a result.
Trustee McHugh commented that the Village had spent $200,000 in 2016 to make repairs to the system on Club House Road. Nothing was spent last year, but the Village is committed to another $400,000 spend over the next few years as per an agreement that was reached between Engineers Westin & Sampson, the DEC and the Village. $200,000 had tentatively been placed into this year’s budget in order to honor this commitment.
The Village is anxiously awaiting draft plans for the Pond #3 Bridge from their engineer. They are hopeful to be able to utilize the DPW to complete a majority of these repairs over the summer. Additionally, they are awaiting some technical background from the engineers so that they can move forward with replacing some of the wooden components on the Tuxedo Lake Spillway, which have rotted out over time.
The Ridge Road water tank project is about 40% complete. Both tanks have been cleaned outside. All seams have been resealed. The missing bolts covers and safety placards have been installed. Upcoming plans include emptying one tank at a time over the next 2-4 months to allow for leak detection inside the tanks. They are hopeful they will find some leaks there that will help to justify why the Water Department is losing so much potable water. They will also clean the inside of the tanks and install a protection system at that time, which will prevent long-term corrosion.
The Water Department is losing 60-70% of the potable water it produces and this has been the case for some time. It was discovered somewhat recently that the Village had been using potable water to clean the sewage filter, which is not necessary and so this practice was abandoned, but it did not alleviate the issue.
The Mayor wondered whether they were using different companies to go through system by system, in order to determine where the leaks were.
The answer was yes.
He then wondered what percentage of the system had been covered.
The answer was 0.
Next he wanted to know if they had looked at the piping that ran under Tuxedo Lake.
Trustee McHugh replied that A&E diving had taken a look along the pipe pathway in order to see whether there was anything obvious with regard to damage. He went on to explain that they had been attempting to prioritize and deal with “low hanging fruit” first. To this end they had begun with the work on Filter #2, followed by the maintenance and on water towers. Next they will begin to quarter off different sections of the Park and look closely at the meters so they can see what they have billed vs. what they are pumping. They are still in the early stages of the project.
Trustee Barnet commented that in his view, the issues at the Water Department were some of the most serious issues facing the Village. “We have two water filters. We are supposed to have one in reserve and one active with frequent rotation between the two. We had one that was down for at least two years, which meant that if something had happened to the other one, there would have been no water in the Village. This is a very serious issue. The major tanks where the water is pumped and stored were purchased 20+ years ago and there has been no maintenance on them. There are hydrants that don’t work! Over 60% of the water we produce is not accounted for….lost! The sewers are also antiquated.”
The Mayor agreed that these were obviously very important projects.
There followed a discussion about various leak detection studies that had taken place over the past several years. Trustee McHugh noted that unfortunately in a couple of cases the Village had dropped the ball on moving forward after reports had been issued.
Trustee Barnett suggested that they could use a system of regulators to help them determine what the specific issues are. “For example water goes under the lake, so you set up a regulator where it goes in, and when it comes out you can see how much water was lost in transit under the lake. There are ways of addressing this and we are going to do it.”
The Mayor added that over the past couple of months as things had been unfolding a the water plant, they had begun digging through all sorts of files and had come across many agreements and engineering reports that had been compiled but not acted upon and they were working to bring all of these things to the surface and have them put into the system in a fool proof way on a real time basis so that future Boards would be able to access the information. Violations are being addressed first and any remaining projects that were never addressed will be become budget issues.
Mr. Ledwith next reported that most of the work on filter #2 has been completed. They are waiting for two more critical pieces, which are expected to arrive the week of April 9. By the end of the month the project should be complete with the filter back up and running. Water will be thoroughly and carefully tested before being pumped back into the system.
Trustee Barnett asked for a total estimated cost of this project.
Mr. Ledwith responded that the painting had been roughly $50,000, the parts $20,000 and the technician $5,000. In total roughly $75-80,000.
The Mayor pointed out that if the Village had kept up with regular maintenance, it was likely that none of the work would have been necessary.
Finally, Mr. Ledwith reported that work had been picking up at the Wee Wah dam since the winter weather has begun to subside.
With regard to the proposed Verizon cell tower, Mr. Ledwith is still waiting for a response from the company concerning a balloon test.
Planning Board, Board of Architectural Review and Board of Zoning Appeals updates were then given.
Mayor McFadden noted that Deputy Chair to the BAR, Julia Simet, had recently resigned her post after many years and that as a result that Board is looking for a new member. Interested parties should submit their resume to Debbie in Village Office.
Committee Reports:
Grant Writer – Grant Writer Fred Rella began by reporting that the New York State Environmental Facility Corps runs a 25% grant program for sewer type projects once or twice per year. He feels that the $200,000 project could be a good contender, although he noted that generally projects under a consent order get the highest priority and the Village is not in this position.
Arbor Day is coming up on April 27. This year, the Village will be commemorating the event on Wednesday, April 18 in conjunction with Tuxedo Park School. Students will visit the racetrack for a lecture after which they will plant saplings. Additionally, there will be a tree planting ceremony at 11:30 am to which all the Board members are invited. Each year, the Village must pass a proclamation acknowledging Arbor Day with a celebration of some kind. Mayor McFadden read this proclamation aloud and signed it.
Both the Mayor and Lakes Committee member Dena Steele had asked Mr. Rella to investigate the possibility of grant monies that could be used to aid with Milfoil abatement. After checking with several agencies, the unfortunate bottom line is that there are not any specific grants available at this time however, Mr. Rella believes that once the State of New York has passed their budget, Senator Bonacic will be offering a 70% grant opportunity for equipment, which might be applicable.
Mayor McFadden asked that Mr. Rella work with Lakes Committee Chair Jim Hays on this and it was agreed that he would do so.
Officer Taback then reported that he and Mr. Rella has worked together on some grants several years back which had finally come to fruition. The Police Department will be getting car computers for two of their vehicles, which will help to streamline ticket writing and report taking. They were also able to obtain $10,000 worth of recording equipment for use with felony cases. (taking statements, etc.)
Trustee McHugh inquired after the license plate readers, which they had been actively pursuing.
Mr. Rella responded that the grant had been awarded for the equipment to mount the readers in the vehicles as well as free installation and the last he had heard the Chief was planning to pick it up and make arrangements for installation.
The Mayor noted that they had been discussing the idea of sharing some services with the Town and as a part of this discussion, Mr. Rella had been planning to investigate the idea of a shared DPW. He wondered where things stood with this.
Town Board member Michele Lindsay responded that a preliminary discussion had taken place and Mr. Rella added that they needed to iron out more details before they could determine exactly what could be done. Cleanup of the Town property is still underway.
Mayor McFadden commented that if they could come up with something that would work for everyone, the State would love it and it would be much easier to obtain grants.
Town to a Village Update – Mayor McFadden asked Mrs. Lindsay if she could speak to the Town’s possible conversion to a Village, noting that he was basically in the dark and that it had not been clarified to him what the benefits might or might not be for both municipalities.
Mrs. Lindsay replied that the Town Board had only had one meeting and one preliminary presentation on the subject. The genesis of the project is that they have been trying to get the transportation law changed in Albany so that they can prohibit officially and legally prohibit pipelines from passing through, which is a right currently held by Cities and Villages alone. The Bill made it through the Assembly but was stopped in the Senate. If they cannot change the law, they figured they would explore what things might be like if they could become a coterminous Village and Town. It has to be a resident driven initiative and cannot be lead by the Town Board, which means everyone needs more education as to the overall impacts and Mrs. Lindsay believes that this needs to be the next step.
The Mayor wondered whether there were any petitions currently circulating.
The answer was no. Mrs. Lindsay feels that most people don’t really understand what is being proposed and that before petitions can be circulated, education is necessary. They just need to figure out how to educate the public without driving the initiative at the Board level.
The Mayor suggested that Trustee Moon might be able to work with representatives from the Town to learn more and then in turn educate the Village Board.
Trustee Gluck added that there were a lot of legalities involved and that they had asked the Village Attorney to reach out to the Town Attorney in order to get a better idea of how things like voting and taxes would work.
Village Attorney Brian Nugent commented that he had spoke with the Town attorney. What the Town is proposing that citizens do is to use two different State Statutes, the incorporation of a Village and then the simultaneous consolidation of the new Village and the Town of Tuxedo into one entity. One of the problems Mr. Nugent sees is the issue of having a coterminous boundary. He feels that the Town attorney is looking at this boundary as the outer boundary of the Town of Tuxedo. The problem is that with the Village of Tuxedo Park in the middle, there is another boundary there that is not coterminous. Incorporating a village around another village is not a process that has ever been done anywhere else in New York State. Always before it has either been a Village annexing all of their land into a town or a Village was created in one swoop, but there was no Village in the middle. If it happened it would be the first time that the two statutes would be occurring simultaneously.
Trustee Gluck wondered whether people in the Village of Tuxedo Park would be voting for two mayors…one in the Park and one in the other Village.
Mr. Nugent responded that be believed the plan would allow the residents of Tuxedo Park to vote for the Mayor/Supervisor of the new entity.
The Mayor noted that the whole thing sounded very complex and he felt they should all be proceeding with caution.
Eagle Update - Dena Steele reported that the eagles were back on their nest for the 6th season. They had been there up until the March 7 Nor’easter, at which point they abandoned the nest, however they returned last week.
Lakes Committee – Committee Chair Jim Hays reported that at the end of February he, Dena Steele and Susan Goodfellow had attended a meeting in New Paltz about harmful algae blooms. The Governor, who is quite concerned about this issue all over the State, has organized a group to study in some detail 4 or 5 lakes and to come back with some proposals for the most effective ways to combat the blooms. There will probably be some money available for grants. A report is due in May and the Lakes Committee will continue to monitor the situation to see if there are any opportunities that the Village might be able to take advantage of. At the February meeting of the BOT, Audrey Perry expressed concern over water levels marginal to her property near to the south end of Tuxedo Lake and it was suggested that the Lake Committee take a look at the issue. They did so and it was determined that the water in the culvert stretching to South Gate Road is flowing in the direction of the Lake while south of the gate it is running in the direction of the golf course. There is an accumulation of leaves in front of the culvert and it was agreed that there was a good possibility that if the leaves were cleared out, the water between the gate and the lake would flow south, away from the Lake, which is the ultimate purpose of the culvert. While this will not make a big difference, it will likely lower the water levels in the land across the street from Kent Krober’s house. Mr. Krober was contacted and is agreeable to the clearing. There is some confusion over whether the water effecting Mrs. Perry’s property is in the Village or the Town and once this has been determined, the Town/DPW will take a closer look at that situation.
Finally, the committee has decided to reach out to other communities in the surrounding areas that are facing similar lakes issues for suggestions and feedback that might be helpful to the Village. They have also begun discussing the issue of road salt and how it may be affecting the reservoir. Dena Steele commented that she had recently taken a look at some of the milfoil studies that had been given to the committee, but she found the studies to be dated and not terribly relevant to the Village in terms of the size and depth of the bodies of water on which they were focused. She has since been doing a lot of research both on the Internet and speaking to a variety of experts in the field and has learned two important facts. The first is that there is no silver bullet in the eradication of milfoil. Both short and long-term plans will be necessary in order to keep the invasive at bay. Secondly, if the Village decides to move forward with aquatic plants pesticides treatment, they will need to determine what they plan to do afterwards to monitor the situation, both in terms of the chemical levels in the water and regrowth of the milfoil. What will their response be to apparent regrowth? In 2-3 years, it is expected that the invasive will be back with a vengeance as all the organic material will go down to the bottom of the lake and form a nutrient bed there. While she looks forward to hearing from Solitude Lakes Management and what they are suggesting, she cautioned that there are some big concerns with aquatic pesticides and a lack of good comparisons in terms of other reservoirs where similar treatments have been done.
Mayor McFadden agreed that there were many variables that needed to be considered and that the Village was facing a fairly grave issue with the milfoil. In addition to the multitude of issues that have already been laid out, assuming that chemical treatment was the best treatment method, it has been discovered that it would cost $1.5 million to treat all three lakes 1 time. Pricing is done by acre. There are many big decisions that have to be made. The Board is hard at work on their budget and will be presenting it to the community for feedback in the near future. It is a discussion that everyone is invited and encouraged to participate in. There are a lot of things that have gone unaddressed that will need to be looked at. This year the presentation of the budget will be done in a way that will allow residents to separate the necessary annual operating costs from some of the bigger “wish-list” type items/projects while also considering some items that could possibly be shaved off if need be. The process will be transparent as possible and the goal is to ultimately give taxpayers choices, instead of having the Board make all of the definitive decisions.
Board member Alan McHugh commented that Solitude Lakes Management would be presenting to the Village on Wednesday, April 11 at 7pm.
Ms. Steele wondered whether Solitude had presented to the Board any alternatives to dealing with the Milfoil, detailing risks and costs and suggesting a follow-up plan.
The answer was no.
Ms. Steele then wondered what then would be put into the budget.
The Mayor responded that the Village had a contract from Solitude, which had been received in January. At that time, they specifically asked the lakes management company what the alternatives would be if the Village had ultimately missed their window to eradicate the milfoil and the response was chemical treatment.
"They said that in the plant survey based on our objectives,” responded Ms. Steele.
“What are the Village’s objectives?”
Mayor McFadden admitted that other than “taking care of the problem” the Village did not have an objective or a plan at this point. This has unfortunately been the case for several years. It is their goal to develop the objectives and create a long-term plan.
Ms. Steele wondered if this plan would be for the milfoil or the entire lakes system.
The answer was the entire ecosystem.
"But in 2009 Princeton Hydro did a long-term plan and in 2014 Solitude’s predecessor suggested that the Village should pick up the Princeton Hydro plan and follow it.”
“This is another perfect example of something that was presented and never implemented,” responded the Mayor.
Ms. Steele suggested that there were still aspects of that plan which might have some value.
Trustee McHugh agreed that there was a tremendous amount there. The action items however, were never acted upon. “We’ve had studies, and there have been recommendations and very few of the things that have been recommended have been acted upon.”
“What a shame,” stated the Mayor. “We are all in this together. There have been a number of proposals and different Board members etc. etc. and we are where we are. It’s all I can say. No pointing fingers….it is what it is. I have confidence that we are moving in the right direction because we have a good Lakes Committee and we have a Board that’s willing to listen…and a Board that is trying to uncover all of these matters and juggle them all at one time. I would say the lake is the most critical of them.”
Mr. Rella suggested that there had been $100,000 in the budget this past year for milfoil and that he believed that, since there was no silver bullet solution, it would more than likely have to be a blend of activities moving forward. A good harvesting machine can be purchased for $50-70,000. These machines can clear an acre every 3-4 hours.
Mayor McFadden pointed out that when Trustee McHugh had been elected there was only $50,000 in the budget for the milfoil issue and that based on pleading and begging, that number had been increased to $100,000 over time.
Trustee McHugh commented that people using the lake were a big part of the problem. To this end, they are looking to increase the boat fees and have created a line item in the budget for Lake Fees. Whatever is collected on the boat fees will be specifically earmarked for the lakes.
The Mayor suggested that there were other things they might be able to do as well, such as enacting a moratorium on boating within a certain distance of the shore based on mapping.
Mr. Hays commented that one suggestion that might help would be to require boaters to keep a pool skimmer in their boats for the purpose of removing floating green fragments from the water. Milfoil spreads by fragmentation and if it is pulled and allowed to float around and sink, new plants come up.
Ms. Steele commented that they also needed to be diligent about inspecting the boats and making sure they were steam cleaned. It’s not just the Milfoil. The Lake is susceptible to other invasives. She worries that folks have been fairly casual about putting kayaks in the water and that these could be a problem.
Mayor McFadden stated that he was going to work on some language as part of part of some “very strict guidelines” to be put out prior to boating season and that this would include instructions pertaining to privately owned kayaks.
Ms. Steele wondered whose responsibility it was to make sure that the boats were properly inspected.
The answer was the Lake Warden.
RFP for Village-wide Reassessment – Trustee Moon reported that the RFP would be completed over the coming weekend and subsequently shared with the Board. It is his goal to put the document out the following week.
Short-term Rental Discussion/Clarification – Trustee Moon noted that during the public hearing for Draft LL #1 of 2018 (short term rentals) the previous week there had been some discussion regarding Judge Sibel’s decision in the Hanson case and he wanted to clarify. During the hearing Ms. Steele pointed out that the Village had spent $400,000 to defend it’s self and the gates from the lawsuit brought by Mr. Hanson. Part of the judge’s decision in that case noted that the exclusivity of the Village Roads was not unconstitutional. Trustee Moon read this portion of the decision aloud, explaining that if there was going to be an “anti-transient rental law” and/or other resolutions that would affect ingress into the Village that they would be doing their best, in a practical way, to keep the Village a “private place,” because under the law, this is what protects the gates.
The Mayor agreed with this, commenting that this was a major component in what was being considered.
Nancy Hays wondered whether or not they had considered increasing the allowed rental period more than 30 days.
The Mayor responded that currently it stood at 30. Increasing the time period would require another public hearing. Currently a vote has not been scheduled. The deadline for submitting written comments is April 5.
Wee Wah Dam Update – The project is at 80% completion. There will be three concrete pours over the next two weeks, which will “really move the needle” but the biggest issue remains water management. The rain event in January adversely affected the cofferdam. There has been a learning curve of sorts with the contractor, who is used to roadwork and not dam work and there has unfortunately been a fair amount of dispute between the contractor and the engineer with regard to means and methods. The contractor gets to ultimately dictate what happens and can ignore the engineer. The net result of this is that the contractor is suggesting that substantial completion will done by the end of April, meaning that the Village can begin to raise the water level in that lake. The engineer, however, does not agree with this timeline and is suggesting that substantial completion will be in mid-May. Substantial completion means that the concrete work is done and the DEC has signed off on the dam work. Completion of the parapet wall, installation of the capstones and facing of the walls would be done at a later date. The bad news is that there was a budgeted $200,000 for cost overruns when the project began. $108,000 was spent on additional engineering and management. When the project was initiated last June, substantial completion was supposed to be December of 2017 and now it is 4 months past that date. The Village has agreed to an additional $46,000 in add-ons that have resulted from the work. There are two very contentious issues; the auxiliary spillway has been deemed unsafe by both the contractor and the engineer because the mortar had disappeared allowing for plant growth. The contractor and the engineer cannot agree on a remediation cost with one suggesting $21,000 and the other $118,000. The second issue has to due with the January rain event, when 4inches of snow fell on top of a foot of snow that was already on the ground. This resulted in a 5 and ½ foot increase in the level of the Wee Wah , which flooded the cofferdam. The Village authorized $15,500 to help clean up the mess, but the contractor is no longer identifying it as a “one-off” event and is now identifying two other events, one in February and one in March, with material differences in cost. Given all of the discrepancies, the worst case scenario is that the Village will wind up being over their budgeted overrun amount by $100,000.
Mayor McFadden added that the contractor had come in to the project in a very competitive manor as the lowest bidder and that as a result, the Village had an obligation to award them the contract. However, every step along the way they have been pushing for increases which is bringing the overall costs up to where it probably should have been in the first place. Trustees McHugh and Gluck are working very hard to keep the project on budget and fight the costs where possible but at the end of the day “it will be what it will be.”
This type of aggressive bidding to win a contact is not uncommon. The Village is doing the best they can to keep things on track.
Trustee McHugh added that the good news was that the project would be completed shortly and that the quality of the work was being continuously monitored by the DEC. The disputes are financial.
Public Comments:
Michele Lindsay commented that there would be a press release in this week’s Photo News asking residents to submit resumes for Zoning, Planning and Architectural Review Boards in Town. They are hoping to see more participation from the Village as currently only 1 person out of 15 members on these three Boards is a Village resident. The Tuxedo LDC met on March 27 and began the process of distributing some of the money. Historically funds were given to the Train Station, the Bus Station and the Historical Society, which leaves the LDC with just a little over $690,000 to distribute. Just a little over half of this was awarded to Tuxedo Hudson ($350,000) for beautification of the IGA building. The present plan calls for the bulk of the building to become an antique store and then there will be a market and café as well. Mr. Bruno has applied for a liquor license for that location.
Somebody inquired over what the fate of the Junction property would be.
Mrs. Lindsay responded that the Junction would remain as-is for the time being and that the property might end up being converted into a parking lot if needed. “It’s going to be great,” she continued, “because the main entrance will be on store road and there will be places for tables and chairs outside.” The other application before the LDC is for the Take-a-Break property. The new owner plans to completely rebuild the facility. His main business is pizza but he also plans to continue the ice cream.
Mary Graetzer added that there is also a couple who are planning to put an ice cream parlor in the other half of the building where Dan Castricone currently has his insurance office.
Mrs. Lindsay concurred, further stating that this business would be called Tuxedo Dairies and that the owners have not applied for any LDC money to date.
Old Business:
Garage Rental Agreements – At the February meeting the Board authorized and approved a revised garage license agreement. Subsequent to this there have been some recommendations to include a provision to add policy for future adoption of policies, rules and regulations as well as some other changes. Comparable rentals in the area were looked at and Trustee Gluck is recommending a rate of $150 per month. (rate is currently $110 per month)
Trustee McHugh added that given the issues they have had with some renters being in arrears, they are initiating a rental security deposit as well as a process for eviction should non-payment become an issue with a particular renter.
The Mayor commented that part of the driving force had been that there was one resident who had been in arrears for over two years and that, with the guidance of the attorneys, the Village had been forced to padlock the unit until payment was received. This prompted them to examine and revise the agreement.
Following some further discussion the Board voted unanimously in favor of approving the new agreement subject to some minor changes to be executed by the Village Attorney and Trustee Gluck.
New Business:
Award Sludge Removal Services Bid – The Board voted unanimously in favor of awarding the bid for sludge removal services to Residual Management Services DBA Earth Care, who was the lowest bidder and current vendor at the rate of .1069 per gallon for a contract period of 1 year.
Resolution – Village election on June 19, 2018 and polls open in Village Hall 7am-9pm – The Board voted unanimously in favor of approving a resolution, which set the Village Election for June 19, 2018 in the Village Hall with polls to be open from 7am-9pm. The election will fill two open Trustee positions.
Authorize advertising for bids on surplus DPW equipment – bid opening 4/10 at 2pm – The Board voted unanimously in favor of approving a resolution, which authorized the Village Clerk to bid the DPW surplus 1998 Chevrolet pick-up truck and the 2008 Chevrolet dump truck with a bid opening date of Tuesday, April 10 at 2pm.
Appoint Part Time Police Officer – The Board voted unanimously in favor of approving the appointment of William Vanson as a Part Time police officer in the Village at a rate of $24 per hour.
Schedule public Hearing on 2018-2019 tentative budget-April 16 at 7pm – The Board voted unanimously in favor of scheduling a public hearing on the 2018-2019 tentative budget for April 16 at 7pm.
Trustee Gluck suggested that an additional budget meeting should be scheduled for the following week for the purpose of pulling the budget into a form that is ready for public presentation.
Following some discussion, a meeting was set for Friday, March 29 at 9am.
Good afternoon.
The job the DPW and staff did clearing our roads was a net positive this year but unfortunately, we have been informed by several homeowners that plowing may have caused minor property damage – primarily stonework and mail boxes. If we can confirm said damage occurred, the Village will cover the costs. Because the Board of Trustees is concerned with the safety of our DPW employees, residents, and property, we will track the work requirements of the employees tasked with snow removal. I will introduce a Resolution this evening for Board review, requiring for the first time, a detailed Daily Drivers’ Log to be kept by Mr. Voss, DPW Supervisor.
The continued public hearings on Introductory Local Law D1-2018 (short term rentals) and Introductory Local Law D2-2018 (non-utility pole devices) held on 3/21/12018 were closed. There will be a 15-day period after the close of these public hearings to allow for written submissions from residents. Deadline date for submission is 4/5/2018. No vote is currently scheduled on either Local Law.
Our Budget analysis for 2018-2019 is underway. There is a line item this year that could substantially increase our property taxes (Milfoil management). That said, the proposed budget will be available to you in the near future, followed by a Public Hearing. In advance, we are happy to discuss our general approach. At your request I can touch on it this evening.
The Village Board of Trustees met on Wednesday, March 21 at 7pm for the purpose of continuing public hearings for Draft Local Laws 1 & 2 of 2018 and also a Budget Workshop. Mayor McFadden and Deputy Mayor Gluck were both absent.
Following lively hearings, both public hearings were closed. The Board will continue to receive written comment on both Draft Local Laws for the next 15 days.
To listen to an audio recording of the hearings, click here.
After the conclusion of the public hearings, a budget workshop ensued, featuring a projected presentation of the budget in a preliminary form.
The fial 2018-2019 Tax Assessment Roll will be released to the public prior to the Orange County deadline of 04/01/2018.
Summary
32 residents grieved.
14 of the 32 received lower assessments.
18 of the 32 were not changed
3 total residents applied for Exceptions (2 Veterans, 1 Fireman)
2 residents were granted Veterans Exceptions.
1 resident was granted provisional Fireman Exemption.
Possible Board Meeting Cancellation
Tomorrow's Public Hearings may be postponed due to weather conditions. Please check the Village website beginning at noon tomorrow for information. http://www.tuxedopark-ny.gov
When I saw how substantial the snow was falling on Friday; particularly combined with high winds, I knew it was just a matter of time before we would have extensive power outages in the Park. I reached out to O&R and turned up my heat because I knew we would need it if we lost power. Pepperidge Road was fortunate enough not to lose power, but many of you were not.
Equally frustrating is calling O&R to report outages only to be passed from one extension to the next, and then to be told that there is no record of your earlier calls. Fortunately, most of you have your power back on now but some of you still don’t. Please know that we are working hand in hand with O&R to get 100% of the homes back on line today.
The Mayor and Police have a direct line to O&R executive management and the Police are the best source for updates. Last evening, we were still dealing with considerable damage to lines from trees down. 4 crews, 2 supervisors, and 3 range assessment teams were in the Park through the weekend. As of this morning, our police were diverting repair units to individual areas and homes that are still affected.
We plan to meet with members of the O&R to assess what happened during the storm and why some areas were out, and others not. Acting upon our findings, we will be able to reduce the number of annual outages.
Be sure you are a member of Code Red to receive alerts from the Police Department about our progress. Please sign up on the Village Website http://www.tuxedopark-ny.gov
Village Board of Trustee Meetings February 21, 2018
The Village Board of Trustees met on Wednesday, February 21 at 7pm. Trustee Allen Barnett was absent.
Mayor’s Comments:
There were none.
DPW Report:
The DPW is getting low on road salt and they have already exceeded the amount budgeted for by over $2,000. ($50,000 was budgeted.) Superintendent Voss is concerned and would like to order two more loads while they are still available.
Trustee McHugh wondered whether it might be possible to borrow salt from the Town.
Superintendent Voss responded that he could look into this, but cautioned that the Village would have to budget more in the following year to repay the debt.
Trustee Gluck suggested that if they were to purchase now and build the supply up, it would provide a cushion/base for next year, which could be beneficial.
Superintendent Voss commented that he had enough salt to get through one more significant storm. Following some further discussion it was agreed that they would investigate the possibility of borrowing and the associated costs involved in order to determine what the most cost-effective way of obtaining the salt would be. Trustee McHugh was authorized to approve the expenditure at an amount not to exceed $10,000.
The DPW is in need of a new dump truck. The department lost a truck roughly 3 years ago due to a cracked frame and it was never replaced. Superintendent Voss has obtained a preliminary bid price from the County, (there is no State bid for this anymore) which is roughly $53-54K. The earliest the Village can order would be mid-March.
Mayor McFadden wondered if this would be a new or used vehicle.
The answer was new.
There followed a discussion as to whether it would be more cost effective to buy a used vehicle.
Trustee McHugh stated that while it might be possible to obtain a used truck, he did not feel it advisable. He believes the Village would be better off purchasing something new and turning over their fleet in a more responsible way. He noted that they had recently experienced issues with the police cars, which had been run into the ground to the point of having no residual value and were costing the Village a ton in maintenance. He feels they would be better off trading in older vehicles for newer models.
Funding for the vehicle in question was then discussed. Trustee McHugh suggested that they further investigate the value of their surplus vehicles before determining how to move forward with funding and it was agreed that this would be done. It was further agreed that they would fully evaluate the DPW fleet for the purpose of creating a schedule of repair/replacement moving forward.
Finally, the Superintendent reported that the department has been busy working at the water plant with one of the filters; emptying it, pressure washing it, changing some valves and getting it ready to be painted. Additionally they repaired a water main break on Patterson Brook Road.
Building Department Report:
Clickhere to review the Building Department Report for February.
Meg Vaught inquired about the Pond #3 Bridge, noting that it was currently closed to traffic.
Building Inspector John Ledwith responded that the bridge was currently closed due to work that was being done on the dam, and not because of issues with the bridge itself. That being said, there does appear to be a need for some work there, so they have asked the engineer to draw up some preliminary designs for decking on the bridge.
Mrs. Vaught wondered when the bridge would re-open to traffic.
The answer was that the bridge would be open as soon as the piping work was completed, which should be soon.
Trustee McHugh added that it would be open once the pipe had been buried and gravel installed, but paving would likely not take place until May. There is a hump in the road there, which will remain for the time being but this is not considered to be critically dependent in order to get dam certification.
Police Report:
Chief Melchiore reported the following for the month of January:
Non-Criminal Reports – 310
Property Damage Complaints – 2
Uniform Traffic Tickets Issued – 8 Warnings – 7
Fire Alarms – 4
Intrusion Alarms – 1
Assists Given to the Town of Tuxedo: 1
Assists Received From the Town of Tuxedo: 1
Resident Vehicle Tags Issued: 892
Non-Resident Vehicle Tags Issued: 227
Miles Patrolled: 2, 483
Nancy Hays commented that she had been under the impression that the Police Department would be looking into streetlights that were not working at intersections, however the one at the end of her street has been out for sometime.
Chief Melchiore responded that there were approximately 18 lights that were out and that these had been repeatedly reported to the O & R. While the department holds the bulbs at the police facility, O & R need to be ones to replace them.
Mrs. Hays wondered whether or not there was not something more that could be done.
Chief Melchiore assured her that it would be readdressed.
Mrs. Vaught commented that she had noticed that the Chief had replaced the number of vehicles through the front gate with the number of miles patrolled in his report and she wondered if they were still counting the number of cars that entered the Village on a daily basis.
The answer was yes. Approximately 1,300 cars per day enter the Village via the Front Gate.
Committee and Liaison Reports: Wee Wah Dam Update – Trustee McHugh reported that they had been experiencing major issues as a result of the January 12 storm event, during which there was a tremendous amount of rain followed by snowmelt. The event caused severe flooding in the cofferdam area and as a result, work ceased. There has only been a 3% move in project completion since Christmas. The project is currently 74% complete. The good news is that the logs have been removed in the dam, the two valves have been opened up fully, the cofferdam has been re-secured, the elevation has been increased and the pit area has been sump-pumped out. The outfit responsible for the rebar, the parapet wall and pouring of the concrete is due back in the Village on February 22. The bad news is that the completion date has been pushed back. The project was originally slated to be finished on March 2 and the revised schedule now suggests that significant completion (which equates to DEC certification that will allow the Village to elevate the lake back to its historic level) will be achieved by April 16. The downside to all of this is that as a result of the delays and water issues, CHA will require additional oversight costs totaling $54K. This amount will keep CHA in place to monitor the progress of the project with onsite supervision through the month of April. It will be pro-rata should the project finish sooner.
Mayor McFadden wondered whether the 54K was included within the contingency.
The answer was yes. The contingency was $220K and to date, including the 54K, they have used 2/3 of it.
The Board then voted unanimously in favor of approving the additional $54K for continued construction inspection services related to the Dam project.
Mrs. Vaught commented that one of the most frequent questions she had been receiving as of late at TPFYI was whether or not the Wee Wah Beach Club would be open for swimming in the summer of 2018. She wondered whether the Village might consider a general update on their website with regard to new projected completion date for the project and how this might impact the beach.
Trustee McHugh responded that he and Trustee Gluck had met with the Beach Club roughly a month prior to discuss their needs and potential methods of dealing with the milfoil in order to make the swimming area viable. With regard to the scope of work and project completion, the destruction of the cofferdam has pushed things back about a month. Unfortunately there has been a significant division of views between the contractor and the engineer as to the best approach to solving the problem, and this has added to the delay. As soon as they have a more affirmative schedule in place, they will share it.
Water Department Update – The Village water system is supposed to be a redundant one, with two operating filters, however this has not been the case for quite some time. There are a plethora of problems with water filter #2 and it has not been working. The Village obtained a quote for draining the tanks and removing the media that came in at $60K. Mr. Ledwith did not feel this was a good price and suggested that the job could be done “in house,” which it subsequently was. Next, a technician was brought in to run the facility in order to trouble shoot what is needed for the repair. It was determined that the filter needs to be repainted at a cost of $53K. (work must be completed using both a certified vendor and product) The media will cost $9,000, but the freight is a substantial part of that cost so they are recommending the Village invest $20K, which will save them money in the long run on shipping. (They can store the excess product until needed.) Replacement parts are expected to cost an additional $10,000 and once they have been received the technician will need to come back to make sure that everything is installed correctly and the backwashes are done prior to issuing a clean bill of health for filter #2. Once this has been done, the Village cane switch over from filter/tank #1 to filter/tank #2 and begin work on refurbishing filter #1.
Mayor McFadden inquired as to the anticipated costs of repairing filter/tank #1.
Trustee McHugh replied that they would likely be fairly identical to the costs associated with filter #2, minus the cost of the media they are pre-purchasing. The total estimated cost of filter/tank #2 is $91K while filter/tank #1 is expected to be closer to $80K. He added that this was delayed and deferred maintenance that the Village had not been keeping up with and it was not something they could avoid.
The funding will come from the “Cap X” which is $575K, of un-appropriated reserves from prior bond issues.
The Board then voted unanimously in favor of approving the expenditure to approve water filter #2 at a cost not to exceed $91,160.
The Ridge Road water tanks pose another pressing issue. The tanks are in excess of 20 years old and no maintenance has been done. There are multiple leaks and although plugs have been installed, new holes have emerged. Overall maintenance and integrity enhancement is estimated to cost $79,040. This includes interior tank reconditioning.
Trustee McHugh pointed out that the Water Department continues to experience massive water losses and that addressing these issues within the system and completing the necessary maintenance would hopefully start to result in less water losses.
The Mayor inquired as to what percentage of the water pumped was not billed for due to loss.
John Ledwith responded that it varied, from month to month but remained firmly between 45-65%.
Trustee McHugh added that they had recently discovered that clean water was being used to clean the sewage treatment plant and that this had been re-engineered so that moving forward water from the Wee Wah will be used for this purpose. He further commented that they felt it important to move forward with all of the proposed maintenance now, ahead of the summer, which is the peak time for water usage.
The Board then voted unanimously in favor of authorizing the $79,040 for refurbishment of the Ridge Road water tanks.
Police Contract – The police contract has been finalized. Trustee Moon reported that after much negotiation, they have established “a very fair” contract with the Union. A significant part of this is that the officers will now begin contributing to their healthcare costs. Pay increases are either in line with or far below what neighboring communities are paying to their unions. Part and parcel to the negotiations were a number of labor union complaints and these will all be resolved and split straight down the middle. There were certain things pertaining to personnel practices and the Chief believes he can handle these and that the Village will remain protected as a community under these circumstances.
Lakes Committee – On behalf of the Lakes Committee, Jim Hays reported that
following a recent meeting, the committee had determined that they believed they could be most useful to the Board by focusing their attention on a limited number of prioritized issues. To this end, they decided on two, the first being the rapid spread of Eurasian Water Milfoil throughout all three lakes and the second the blue/green algae blooms which also effect all three lakes. The committee also recognizes that Solitude Lakes Management has just issued a report on the Milfoil in Tuxedo Lake and have made some recommendations. The committee is recommending that the Board ask Solitude to come and give a physical presentation outlining their recommendations for dealing with both the milfoil and the blue/green algae on two time scales, which include both the immediate time scale for the upcoming season as well as a more long-term scale for the next five years.
This idea was briefly discussed.
Trustee McHugh commented that Solitude had been tasked with such a presentation months prior. The delay had to do with them obtaining empirical data from CSLAP.
He further suggested that once Solitude is ready to present, he felt it would be more beneficial to have a meeting dedicated solely to this purpose, rather than to have the presentation within the confines of a regular monthly meeting of the Trustees.
Mayor McFadden added that they would also need to review and discuss the costs associated with Solitude as they headed into budget season, further wondering whether or not the presentation would have a price tag associated with it.
Trustee McHugh responded that the Village already had a consulting contract with Solitude and that the cost of the presentation would be nominal in the scheme of things. He further commented that the Village had taken some steps with regard to milfoil. They announced last year that they were planning to do a chemical treatment in Pond #3 at the recommendation of Solitude and based on the results of this would determine whether or not they should proceed in a similar fashion with the other lakes. The permitting has been completed so that they can move forward with the treatment this year. It is extremely costly though. To treat Wee Wah, would cost roughly $150K and this years budget allowed only $100K for the lakes.
The Mayor wondered whether they should continue to wait for CSLAP to provide data prior to scheduling a meeting with Solitude.
Trustee McHugh responded that he felt it would make sense to move forward without the data at this point. It was agreed that he would work with Mr. Hays to determine a date.
Trustee Moon suggested they consider scheduling the meeting for a Saturday morning when more residents might be able to attend.
Audrey Perry inquired as to whether the Lakes Committee had spent any time discussing or looking at Summit Brook, which historically fed into the south end of Tuxedo Lake. The brook is no longer running and it appears that the water has seeped onto Village property where it now sits.
Mr. Hays responded that while ultimately this could fall within the scope of the Lakes Committee, he felt there were currently more pressing issues for them to contend with.
Public Comments:
Dena Steele commented that she had recently attended a forum on ecosystems at Kerry Institute focusing on road salt and fresh bodies of water. She found it to be very alarming and has since shared some of the information with Superintendent Voss. What she found particularly disturbing was the effect that road salt can have on the chemical composition of fresh bodies of water over time. In a 500 meter buffer to a fresh body of water, if 1% is impervious service there are raising levels of salinity and what they are finding is very close association with cyanobacteria, which leads to blue/green algae blooms. The Village really needs to stop the flow of stuff into the Lake!. There is already phosphorous and nitrate going in there and very little has been done to manage this on a long-term basis. Additionally, the lake is treated annually with copper sulfate. She is very concerned by the idea that they might now be adding a herbicide to the mix. She feels they need to remain on top of understanding the chemical composition of the Lakes and that they need to hold Solitude to this standard as well.
Mayor McFadden suggested that Ms. Steele should confront Solitude with this directly at the upcoming meeting.
Ms. Steele responded that she felt everyone needed to be on top of it. There are a number of things that can be done with regard to the salt issue which affects 70% of fresh water bodies in the country. There are various blades that can be purchased for plowing and calibration is extremely important. Additionally, there is a website called Clear Roads that is utilized by many States, including New York.
Trustee Gluck asked Ms. Steele if she would share any written information/reports that she might have with the Board directly and she agreed.
Secondly, Ms. Steele noted that with the warmer weather bears are out and about. There was an unfortunate incident involving a dog in New Milford, and she cautioned that residents should be careful with birdfeeders, dogs and especially children, as bears are often crabby and hungry when the first wake up.
Finally, she reported that the eagles are back on their nest on Eagle Mountain. As some may recall, last year the nest failed and main difference she saw between last year and the year before (when the nest was successful) was that the Village now has trails open on both sides of the mountain. She requested that people not use the trails on the east side of the mountain, as tempting as it may be, until the chicks fledge in July.
Mayor McFadden responded that he would be happy to post information about both the bears and the eagles to the Village website and inquired of Ms. Steele as to whether she would be willing to help put these postings together.
She agreed.
With regard to the eagles, Trustee Gluck commented that the DEC had looked at the trail and its proximity to the nest and had determined that the buffer was sufficient. That being said, it doesn’t hurt to be extra careful and he volunteered to inform the Trail Committee with regard to this issue.
Susan Goodfellow commented that she shared Ms. Steele’s concerns with regard to developing a clear understanding of the ecology of the lake, which is a very sophisticated subject. She feels that the Village really needs to have somebody with the appropriate certification, such as a lakes biologist, taking charge and “directing traffic.” The issues that were identified earlier by Mr. Hays are two very concrete problems that have broad implications for the way the lake functions. Certainly the cyanobacteria has been an ongoing issue with surface blooms occurring right up until the time that the lake froze over. She believes that part of the mandate ought to be that the oversight of all the pieces should be in the hands of individuals who are appropriately accredited. There is a very important role for volunteers, but the Village needs broader professional, scientific assistance to make sure that the decisions are based in science and not on personal interest or whim. Some of the things that have occurred in the past few years have not been based in science and have cost the taxpayers money and she feels these trends need to be reversed.
Mayor McFadden responded that he felt one of the things they should do was to put a long-term plan in place that would extend beyond elections.
Mrs. Goodfellow agreed and further commented that she thought there were opportunities to set up conservation committees that would be ongoing to take a look at some of these issues and good help to end the problem of politicization of lakes matters.
Old Business:
Trustee Moon asked for an update on the RFP for an independent assessor.
Board Attorney Brian Nugent responded that it had not yet gone out and that there were a few items that the Board would need to review and make decisions on.
At the Mayor’s prompting, Trustee Moon explained that the Village had decided at the beginning of the year to put out an RFP for the appointment of an independent assessor to do a complete review of the Village’s assessment rolls, which has not been done since the 1970s. This was the result of the discovery of some “anomalies” in the assessments and they want to make sure that everyone pays a fair amount of taxes.
Mayor McFadden added that typically municipalities do a total reassessment every 4-7 years and Tuxedo Park has not done one since the 1970s. The roll was published on the website this year, where everyone could see that some individuals appear to be paying a lot compared to others. The Board feels it’s time for a total, new reassessment where everyone starts at zero and then an independent, outside professional will come in and evaluate the situation in order to provide a solid foundation. Then, in 3-4 years, based on market values, building permits and sales, the Village can entertain the idea of another assessment. “I think that would give everybody a sense of comfort, because it’s one of those things that everyone talks about and I think this is a terrific way to make that adjustment,” commented the Mayor.
“For example,” commented Trustee Moon, noting that the information he was about to provide was public as per the grievance hearing the night before “one person is being taxed more than double the assessed value by the Village than he is by the Town. One person with landlocked raw land is being assessed at several times more than all of her neighbors who also own raw land. We need to rationalize the system.”
New Business: Resolution – Rental Agreement for Garage Units – The Village maintains garage units, which are essentially rented to residents for storage or sometimes for vehicles. They do not, however, have anything in place in writing with respect to the use of the units, restrictions on what can and cannot be stored there, etc. Therefore, a draft license agreement has been drawn up outlining some parameters and conditions on the use of the units and ramifications for non-payment and things of this nature for which there currently is no policy. Following some discussion with regard to the cost of the units and the billing cycle, the board voted unanimously in favor of approving the agreement subject to the determination of a reasonable rental rate.
Resolution – Declare two DPW Vehicles Surplus – The Board voted unanimously in favor of declaring two trucks as surplus. Trustee McHugh noted that one of the vehicles was the dump truck that had been discussed earlier in the evening. They are hopeful that it can be sold for a decent price, which will offset the cost of a new truck, but if they are not satisfied with the bids they receive, they will bring it back into the fold. The other vehicle is an old pick-up truck.
Resolution – Authorize Bidding for Sludge Removal and Set Bid Opening Date – The Board voted unanimously in favor of authorizing the bidding for sludge removal services at the sewer plant and the water plant with an opening date of March 18.
Resolution – Amendment of Orange County Urban County Agreement – The Board discussed this amendment at some length, with Mr. Nugent explaining that it was a County Agreement that pertained to “HUD Funding.” The amendment adds an emergency solutions grant as one of the things that the County will be taking control over. Ultimately, the Village is not eligible for any of the funding and it was not clear that there was any benefit to their signing the agreement, although historically it has been done. The Board voted unanimously in favor of authorizing the Mayor to sign the agreement, subject to council contacting the county to determine what the consequences of not signing it might be.
Public Comments:
Peter Regna inquired as to whether or not the Board intended to discuss the Airbnb
issue.
The Mayor informed Mr. Regna that the issue had been discussed earlier in the evening at a public hearing and that this hearing had been continued to March 21 at 7pm in order to allow for further comments. He invited Mr. Regna to comment, but cautioned that since the hearing was not currently in session, his comments would not be a part of that record.
Mr. Regna noted that he would hold his comments for the hearing and thanked the Board for all of their hard work in service to the Village.
The 2018 Tentative Village Assessment Roll and forms for the 2018 Grievance Day are linked below and are posted on the Village Website (http://www.tuxedopark-ny.gov). Grievance Day is scheduled for Tuesday, February 20th from 5:00 PM - 9:00 PM in the Village Office.
Prior to our entering our Regular February Board Meeting, we are holding two Public Hearings on Wednesday, February 21st at 6:00 PM at the Village Office to hear comments on two Draft Local Laws. linked below and posted on the Village Website (http://www.tuxedopark-ny.gov) - Short Term Rental Draft Law LL and Utility Pole Local Law (Devices in Right-of-Way) Draft Law LL. The Board will have a 15-day period after the close of the final Public Hearing(s) to allow for written submissions from residents unable to attend. However, we encourage you to attend the Public Hearings and Regular February Meeting.
Finally From the Mayor's Desk today; The Village Budget Calendar for Fiscal Year beginning June 1st, 2018 is posted on the Village Website (http://www.tuxedopark-ny.gov).
Sincerely,
Mac
For Board of Trustees Meeting Minutes and Resolutions Click to view.
February 8 -A Good Day for The Village of Tuxedo Park
February 8 was a good day for the Village! According to their website, they are in receipt of a $18,744 grant for Village courtroom upgrades as well as a $100,000 private donation from the estate of the late Alex Salm for the DPW! Additionally, the final POlicE contract has been signed.
Visit the Village website here for additional information.
Village Board of Trustees Considers Two New Local Laws
At 6pm on Febraury 21, The VIllge Board of Trustees will hold two public hearings for the purpose of collecting feedback from the community on two newly proposed local laws.
The first of these is a law restricting/prohibiting short-term rentals (AirBNb etc) in the village. A draft of the legislation can be viewed here.
The second law pertains to posting signage and/or other devices on utility poles. A draft of this LegiSlation Can be viewed here.
Please take a moment to review these drafts and if you have any questions or concerns plan to attend the hearings on February 21. If you are unable to attend the hearings, the BOT has announced thatthey will be accepting written comments for 15 days after the hearings have been closed.
Village Board of Trustees to Hold Two Public Hearings February 21
The Board has scheduled two Public Hearings on Wednesday, February 21st at 6:00 PM at the Village Office to hear comments on two Draft Local Laws – Regulating Short Term Rentals and Non-Utility Devices in Public Rights-of-Way and Easements. The Board will have a 15-day period after the close of the Public Hearings to allow for written submissions from residents
Village Board of Trustees Meeting January 17, 2018
The Village Board of Trustees met on Wednesday, Januar,y 17 at 7pm. All me,,mbers were present.
Mayors Comments:
Over the holiday, the Board held an emergency meeting to discuss the SALT component of the new tax law for New York State residents.. They thoroughly and meticulously studied all options for residents to prepay their 2018 property taxes prior to December 31, 2017. Because the Village’s tax warrant is not issued until June, they could not accept prepayments. However, they did receive prepayments from residents hoping the Governor would issue a second Executive Order that would allow the village to benefit from prepayment. The checks have not been deposited and are being returned soon because they are obligated to do so by municipal law and guidance from the State Comptroller’s office. The latest update is that Governor Cuomo just announced three alternatives to the SALT tax: 1) the tax department would create one or more state operated charitable funds to receive taxpayers’ contributions for healthcare and public schools whereby taxpayers would receive a tax credit to lower their state income tax liability and also be able to deduct the amount from their federal taxes; 2) local governments could be authorized to trade tax credits for charitable donations as a substitute for some local property tax payments; and 3) the tax department proposed the creation of a new a payroll tax where there would be a shift of some or all of the state income tax liability of employees for whom federal deductibility of state and local taxes is capped to a payroll tax.
Police Report:
Chief Melchiore reported the following for the month of December:
Non-Criminal Complaints – 334
Criminal Complaints – 5
Arrests – 3
Motor Vehicle Accidents with Property Damage – 5
Uniform Traffic tickets issued – 5
Warning Tickets Issued – 5
Fire Alarms – 6
Intrusion Alarms – 7
Medical Calls – 6
Assists Given to the Town of Tuxedo Police – 2
Assists Given to the NYS Police – 1
Assists Received from the Town of Tuxedo Police – 3
Vehicle Tags Issued (YTD) – Resident – 892 / Non-resident – 227
Additionally, approximately 1,300 vehicles passed through the Front Gate on a daily basis.
In response to a comment that was made at the December meeting with regard to the general visibility of patrolling officers throughout the Village, the Chief reported that during the month of November 2,970 miles of patrolling was done and for the month of December 2,516.
DPW Report:
As Superintendent Voss was not present, the report was not given.
Trustee Gluck expressed his gratitude to the DPW for their strong effort and great work in keeping the roads clear during the recent snow events.
Building Report:
Click here to read the Building Report:
Committee Reports: Water Department – The Mayor reported that as a part of their “deep dive” into some of the systems, they had discovered that the seasonal meters on 10 accounts were not billed. They are in the process of seeking payment. With this in mind, the Mayor suggested that the additional funds might afford them the opportunity to reconsider the current water rates, however he cautioned that this was only an idea that was being discussed and that nothing was promised. Additionally, following the issues with the water in December, Trustees McHugh and Barnett paid a visit to the water plant where they made some observations that will require action.
Trustee Barnett stated that they had been looking at the Water Department from two different standpoints; accounting and maintenance. From an accounting standpoint it is his belief that the Village needs greater transparency for the accounting reports. He believes that the residents represent shareholders in a corporate sense and with this in mind, one of the goals moving forward is to present quarterly financials in which the balance sheet and income statement are tied. Right now, the Village cannot do this because the income statement does not tie neatly into the financials for a variety of reasons. He and Trustee McHugh have been working with the accounting firm to change this and put things into a much more simple and transparent system. There is a lot of financial expertise in the Village and he believes that if they can present financial statements that are both clear and concise, people will ask the right questions. He looks forward to this practice in 2018. Speaking to the current situation, he praised Denise Spalthoff for her hard work in clearing up the “H receivables.” Denise has collected roughly $30,000 in outstanding bills. The system in the Village begins with meter readings, which are done by hand and then transcribed into a system. Unfortunately, this leaves room for error. While there are ways to automate the process, they are cost prohibitive so what the Village has done is to set up the system in a way so that it will flag unusual consumption reports so that they can investigate ASAP. It is a way of catching some mistakes at their onset. The billing system has become a lot smoother and more efficient.
From a maintenance standpoint, the water plant has 2 filters, which purify the water as it comes out of the Lake, however, one of them has been out of service for over a year and a half. The reason both are needed is not only for backup (should the one in use go down) but also to allow for regular maintenance as normal maintenance cannot be done on a filter that is in operation. Therefore, the one operating filter is in need of routine maintenance, which they have not been able to perform as there is no backup. Getting the second filter up and running is a priority and they have reached out to the engineers for more information about what will be involved and how long it will take. The other issue is the two water tanks located on Ridge Road. Together these tanks house just short of 1,000,000 gallons of water. These are 50-year tanks that were purchased 25 years ago. To the best of the Trustees’ knowledge, they have not been maintained in the last 25 years. A priority for the spring therefore is to empty the tanks and complete the necessary maintenance, after which they will get them onto a regular maintenance plan. They have asked Superintendent Voss and Water Dept. Head John Bello to put together a list of all the mechanical things in Department and then to prioritize them according to their maintenance needs so that they can develop a multi-year maintenance plan. This will allow the community to hold the Village accountable for the upkeep of this infrastructure. Beginning in about a month, the Village will open the Water Department to residents on Saturday mornings for a window of time, during which they can visit the plant and educate themselves as to what goes on there.
Noting that there was some surplus in the water department funds, Mayor McFadden inquired about funding for the equipment repairs.
Trustee McHugh responded that they anticipated roughly $300,000 in surplus this year in addition to borrowings of over $100,000. Refurbishing the water towers is expected to cost $100,000, assuming they don’t find anything that needs to be fixed on the bottom of the tank. Refurbishing the second filter at the water plant will also cost close to $100,000 as will maintenance on the one in use. Speaking to the Mayor’s earlier suggestion, Trustee McHugh commented that the likelihood of a reduction in water prices was very remote; however, the likelihood of an increase is equally as remote since they are working very hard to capture leaks and get the entire system on a more proactive system of maintenance.
Trustee Barnett added that there was $500,000 available still in bonds that the Village could draw from.
Grant Writer Report – Grant writer Fred Rella suggested that there was a New York group called the Environmental Facility Corp. (EFC) that would be handing out grants over the course of the next two months for water and sewer projects. It is not a lengthy process. He will investigate further in order to determine whether or not any of these projects at the Water Department might qualify.
The Village has received verbal approval on their Tree City USA application. Written notification will follow shortly.
With regard to the WeeWah dam, a check for the $100,000 in grant monies awarded last year will be issued on January 31.
The Village applied for the Justice Court Assistance Program for a few items, primarily benches for the Village Court to replace the folding chairs currently in use. Mr. Rella reported that notices have gone out and if the Village had not received theirs already, it would surely arrive in the next day or two.
Finally, Mayor McFadden has asked Mr. Rella to work with the Town of Tuxedo in exploring grant opportunities for a new DPW facility. He will be reaching out to the Town to discuss possible locations among other details.
Town Update – Speaking to the topic of grants, Michele Lindsay commented that she had received a plethora of questions regarding the grants that Michael Bruno had been awarded from the State. For the sake of clarification, Mrs. Lindsay explained that the first grant Mr. Bruno had been awarded, which was for both Tuxedo and Sloatsburg as a joint project, was still in the administrative phase and that no actual monies had been awarded to date. She feels that there may be some misunderstanding within the community about this and wants to make sure that everyone knows what is happening.
Mayor McFadden inquired as to whether or not Mr. Bruno was giving a presentation to the community that evening.
Mrs. Lindsay responded that he had rescheduled it so as not to conflict with the Village meeting. She further commented that she believed there were a number of things that Mr. Bruno was hoping to clarify with this presentation.
Changing the subject, the Mayor inquired after the joint Town/Planning Board design committee that had been put together to review the changes in materials proposed by Tuxedo Farms this past fall.
Mrs. Lindsay responded that it had not been a committee but rather joint workshop session with members of the various Town Boards. The proposed changes were approved by the Board December and therefore they were no longer working on this.
The Mayor wondered whether or not they had been able update the language in the document at all.
Mrs. Lindsay replied that they had gotten some changes in, however they did not have enough time to examine the design guidelines before the vote was taken.
Verizon Tower – Mayor McFadden reported that the Village had received some site planning from Verizon as to where they are proposing to put the equipment, which is near the water towers on Ridge Road. In speaking to some of the neighboring property owners, the Mayor has discovered that there is a high level concern with what is being proposed. Therefore, he suggested that they ask Verizon to provide them with a couple of alternative sites after which they could set up a public meeting with either the BAR or the Planning Board where neighbors would have the opportunity to come and make comments and engage themselves in the process.
Trustee McHugh commented that Verizon had already looked at a number of sites over the course of the past couple of years and had narrowed it down to the Ridge Road water towers. He suggested they do a balloon test in order to analyze the potential visual impact of what is being proposed.
Mayor McFadden wondered whether there might be a spot on Eagle Mountain for the Tower.
Building Inspector John Ledwith suggested that the issue there was access and electricity.
Orange & Rockland – The Village is in receipt of a letter from the utility company informing them that tree removal would be taking place around the lines beginning January 29. Copies of the letter will be circulated among the department heads and it will also be posted to the Village website so that residents can know where they will be working and when.
Trustee Gluck commented that earlier in the year it had been suggested that perhaps Mr. Ledwith could do a “drive through” with O & R in order to determine whether there were any significant trees that could be dealt with otherwise.
Trustee McHugh responded that O & R had already done this work and that what remained was for Nelson Tree Service to come in and do the actual removal. Superintendent Voss will meet with them weekly in order to make sure that nothing contentious is being removed.
WeeWah Dam – Very little work has been completed on the project over the course of the last month due to the weather. Both the freezing temperatures and the thaw that occurred with the rain and warmer temperatures have halted work. The project remains at 73% completion. March 2 was meant to be the completion date however this is no longer achievable. They are waiting to determine exactly how much more time will be needed, but their guess is that the project will be done in early April.
The Booth – At the December meeting the Board discussed the ideas of possibly using technology installed in a kiosk as an alternative or continuing on with the construction of a new booth as originally planned after having received an estimate of $200,000 for the reconstruction. Both ideas are still being entertained. In the meantime, the Mayor had suggested that he would look into fundraising for the project, which he did. He discovered that neither he nor any of the Trustees can participate in coordinating a fundraising effort. That being said, efforts are under way, being led by a group called Friends of The Traffic Booth and $50,000 has been collected to date.
Public Comments:
Meg Vaught noted that at the December meeting there had been a discussion about the Town’s investigation into becoming a Village at the end of which it had been agreed that the Village Attorney would reach out to the Town Attorney in an effort to learn more about what was being proposed and what the potential impacts to the Village of Tuxedo Park would be. She wondered whether there was anything new to report.
Village Attorney Brian Nugent responded that he had not yet met with the Town Attorney. He is in receipt of the initial materials, but they have not had a chance to discuss it yet. Michele Lindsay added that the Town Board had only discussed it one time during their December meeting and that they did not have any new information to date.
With regard to the Verizon Tower, Claudio Guazzoni commented that there had been a second site proposed, which was down at the water plant, pointing up.
The Valley runs from north to south and is currently being fed by a mega watt tower on the west side of Route 17 near the old Red Apple Rest. This covers the north side of the Village fairly well, especially at elevated sites. The issues are more at the South end.
Michele Lindsay added that Orange County 911 is looking to upgrade a tower out in Maple Brook and there is a possibility that cell towers will be installed there when that work is done, which would also help with reception at the South end of the Village. She wondered whether or not cell towers needed to go through the SEQRA process.
The answer was yes.
Next, Claudio inquired about “the bacteria in the water,” noting that tonight was the first he had head about it. He wondered when the tests had come out.
Trustee Gluck explained that there had never been any bacteria in the drinking water. What they found was a byproduct of the purification process, (TOC) which if not dealt with can lead to the formation of other compounds (not bacteria), which could potentially be harmful. These compounds were tested for and not found.
Mayor McFadden added that this had been disclosed and discussed at length by Superintendent Voss at the December meeting of the Trustees.
Trustee McHugh further commented that the Village had received a notification from the Department of Health in December, at which point they were told that all water users must be notified by January 4 and they were. The test in question was completed in September but they were not notified until December. Two more tests have subsequently been conducted and show that everything is back in conformity.
“Wouldn’t it be better to notify the residents immediately that there was something wrong with the drinking water?” inquired Mr. Guazzoni.
“We did notify the residents immediately,” responded Trustee McHugh.
“As soon as you knew, you notified the residents?” Mr. Guazzoni inquired again.
“That is correct,” affirmed Trustee McHugh.
Trustee Barnett pointed out that page two of the minutes from December meeting of the Trustee clearly talks about the issue.
Old Business: Assessor Position – Trustee Moon recalled that the Board had passed two resolutions regarding assessments. The first was to hire a certified real estate assessor for the upcoming assessment cycle. The second one was to have a more comprehensive project that would review the Village assessment rolls in general. This leaves the Village with one practical problem. Grievance Day will take place on February 20. The Village published an RFP and got some excellent candidates but there is not enough time to conduct interviews, hire somebody and get them entirely on board in time for residents to have their assessment as well as the opportunity to prepare to grieve. The Board attorney has advised the Trustees that upon resolution the Trustees can form an Assessment Board.
The make-up of this Board was discussed at some length in terms of how many members it would have and whether or not the meetings had to be public under the open meetings law. Following this, the Board voted unanimously in favor of forming the Assessment Board, with all five of them as members. The Board of Assessors will meet on Saturday, January 20 at 9am. The meeting will be open to the public, but there will be no comment period.
Announce Grievance Day – Grievance Day will take place on Tuesday, February 20 from 5-9pm in the Village Hall.
New Business: Discusssion/Resolution – Dedication of a Portion of Ridge Road – Mr. Nugent explained that the parcel of land in question has a property line that runs partially through Ridge Road. The property owner would like to deed this portion of the Road to the Village (without any cost to the Village) The Board voted unanimously in favor of authorizing council to move forward by informing the resident’s counsel that the Village will accept title to the portion of the road and that they can proceed with the necessary paperwork.
Resolution – Authorize Village Court use of Town Court Room – The Board voted unanimously in favor of authorizing the Village Court to make use of the Town Court Room for an upcoming jury trial.
Resolution – Appoint BZA Chairman – The Board voted unanimously in favor of appointing Houston Stebbins as BZA Chairman for a term ending June 30, 2018.
Resolution – NEAMI Third Party Agreement Renewal – The Board voted unanimously in favor of authorizing Mayor McFadden to sign the NEAMI (workman’s comp third Party Agreement Renewal.
Resolution – Adopt NYSHIP Excelsior Plan Option – Mayor McFadden explained that adopting this plan as an option was part of the body of the Police Contract. Following some minimal discussion, the Board voted unanimously in favor of adopting it.
Draft Local Law – Air BNB – The Board has been working on a draft law to address Air BNBs. Changes to the Village Code will be needed and therefore a public hearing will be necessary.
Mr. Nugent suggested as a matter of housekeeping that they remove the name Air BNB from meeting agendas and discussion titles moving forward as it is really a trademark and the law will focus on short-term rentals in general.
It was agreed that this would be done.
The Mayor reported that he had done a recent survey of the public with regard to Air BNB as part of another mailing and had requested comments. To date he has received 15-18 responses which have been circulated to the Board. He estimates that 1/3 of the responses were pro and 2/3 against. The comments are available for FOIL if anyone is interested.
Trustee Moon provided a bit of history, explaining that the Board had looked at a use of the “transient rental prohibition law” sometime ago when Mayor Guinchard was in office. At that time, New York had passed a statute however, since it involved expression in the form of advertising for rentals, it implicates the first amendment. Because of this, they decided to wait until the constitutional challenges had passed the law because they didn’t want to violate the constitution. The challenges have since passed. They then took the New York State law and modified it for Village conditions, mostly with a view towards nomenclature, using language form the Village Code rather than the NYS statute. They then sent it to the attorney to draft into technical form. Essentially, the legislation prohibits advertising for a rental in the village for a period less than 30 days (with a few caveats that allow for caregivers, relatives and friends to stay provided there is no commercial transaction.)
Trustee Gluck added that the legislation was drafted with the notion being that anything less than 30 days would be a prohibited, short-term, transient rental that could not be advertised for via a commercial website, or engaged in at all. He suggested that perhaps they could discuss altering the amount of time to either 15 days or two weeks, which he would be a proponent of. The legislation also carves out a place for medical caregivers, who can stay for compensation. Aside from that however, as it is currently being proposed, any other compensatory rental arrangement for some period of time, whether it be 30 or 15 days, will not be permitted under the code. He added that the legislation was really in the hands of the community and if they decide that they want to allow short-term rentals for whatever reason, they should come forward and speak their minds. His current sense is that this is not something that the community wants to see as a whole and that people like preserving the residential nature of the community as it is now. That being said, he encouraged residents to come forward and let them know how they felt about it.
Trustee McHugh wondered when the proposed legislation would be distributed to the community for review.
The Mayor responded that it would have to be distributed at least 7 days prior to the Public Hearing. He then commented that 10 years prior he had rented his house to the Silvays, who then entered the leasee program at The Club. There was a transaction involved. He wondered whether something like this would no longer be permitted under the new law.
Trustee McHugh inquired about the length of time that was involved, suggesting that if it was less than 30 days, it would not comply.
Mayor McFaddon responded that he did not remember. He went on to say that he had rented his boat house out for two weeks to a Village resident. He wondered whether this type of activity would be prohibited.
Trustee Moon responded that electronic advertisement was prohibited. He was not entirely sure as to whether or not the actual transaction was allowed. “The New York law speaks to only advertisement.” He added.
Trustee Gluck wondered whether the New York law prohibited both the advertisement and the underlying transaction.
From the audience, Claudio Guazzoni commented that there were actually two New York State laws. “The first covers the actual deal, and the second law the advertisement,” he stated.
Trustee Moon commented that he felt it was good to have some rental activity in the community as often times people begin by renting a house and then they end up buying one. There is a program at the Club and there are also situations where people have work done on their homes and need to stay elsewhere in the Park while it is going on. Some rental activity is good! The difficulty he sees is twofold. First, there is an issue of quality of life and neighborly conduct and secondly the Gates. The Village is a permanent, residential community.
The Mayor added that having commercial businesses of any kind within the Village was not allowed and therefore running an Air BNB or any other similar type of transient rental, is already prohibited by the Code.
Trustee Barnett wondered why they would consider prohibiting advertising only rather than to flatly prohibit leasing for less than 30 days.
Trustee Moon responded that he felt the answer was enforcement. “It’s easy to check Air BNB and type in Tuxedo Park, but you don’t want to be stepping around in people’s back yards to see if they have a transient tenant.”
Trustee Gluck commented that he believed the underlying act was also prohibited in New York State and that recently they had added advertising as an enforcement mechanism.
“We could also charge $1,000 for a special tag for your car,” quipped the Mayor.
Mr. Nugent advised that if they wanted to target advertising only, they could certainly do that but in this case, the draft law targeted both the advertising and the underlying action.
Richard Witte commented that he believed there had been a short-term rental across the street from his house and a resulting issue had been the lack of parking. The tenants and their visitors were parking on the street, which was problematic.
He suggested that the legislation should include language, which requires adequate parking for rentals.
Mayor McFadden responded that this was a good idea and encouraged Mr. Witte to submit this comment in writing if he was unable to make next month’s public hearing.
Claudio Guazzoni commented that in 2015 New York State had passed a law forbidding short-term transient rentals of less than 30 days and to enforce this (there were a lot of loopholes) in 2016 they passed a second law prohibiting advertising by internet, print, word of mouth, real estate agent or tour group. The second law was passed in order to enforce the first. He suggested that the Village do the same thing and that they include both residential and non-residential buildings.
“I don’t want somebody renting a boat house for 10 days and then running over my dog.”
Mayor McFadden encouraged Mr. Guazzoni to submit these comments in writing if he was unable to make the public hearing.
With regard to the timetable, Trustee Gluck suggested that he would like to provide the public with more than just the minimum amount of time required by law to review the draft and form opinions.
Mayor McFadden agreed, suggesting that they could put it out as soon as it was ready.
Trustee McHugh commented that he felt the law needed to have “teeth” and wondered what the penalty would be for those who were noncompliant. He further suggested that he felt the penalty should be significantly more than whatever the individual was potentially renting for. He feels this element needs to be modified in order to make it sufficiently punitive so that if people are caught, it has “a bite.”
Following some further discussion the Board voted unanimously in favor of officially introducing the legislation (named Local Law Introductory D1) and setting a public hearing for February 21 at 6pm.
The law will be available for public review by February 7, 2018.
Draft Local Law – Regulate Non-Utility Devices in Public Rights-of-Way and Easements- Mayor McFadden kicked off the discussion by stating that similar to the way in which the Village maintains some control over what goes on homes in the Village via the design guidelines, they feel that they should also maintain some control over what goes on utility devices. (telephone poles) Under the proposed legislation, residents will have to go through a permitting process in order to put something up.
Michele Lindsay asked for an example, aside from something posted to a telephone pole, of what the law would regulate.
Brian Nugent responded that telephone poles were the main thing, although the law would regulate anything that is not already regulated as electrical transmission equipment. The Village can regulate anything that goes on the pole that is not part of the electrical system. The way the law currently stands, O & R could enter into an agreement with anybody they choose to place things on the poles and the Village would not have any control over it.
“For example” the Mayor further commented, “if we wanted to put up a period light on a pole, in addition to getting approval from O & R it would also need to pass through the BAR. Another might be if there is a resident who is having a party with a lot of out-of-town guests, rather than putting up arrows, which sometimes stay up for a period of time, they would have to call the code enforcement officer for approval.”
Mr. Nugent advised that it was really about visibility and that the legislation would put into place a permitting process for hanging things on utility poles. They are not intending to prevent people from hanging things on the polls altogether, merely they are attempting to regulate what goes up in an attempt to preserve the visual integrity of the Village.
“So if I lose my cat, I can hang a flyer on a telephone pole? “ inquired Meg Vaught.
“You can, you just need to get approval,” responded Mayor McFadden.
“Do I need a permit?” inquired Mrs. Vaught.
The answer was no, only an approval would be needed.
Mrs. Vaught then wondered if this was akin to the situation that occurred recently in Mahwah with telephone poles.
Mr. Nugent responded that the issues were different but there was some overlap in the sense that what was in question there were visible, white attachments to the poles. If somebody wanted to put something like that on poles in the Village, under this legislation, the attachments would be required to blend in with the pole.
Mrs. Vaught wondered if they would be drafting and adopting specific regulations or guidelines.
Mayor McFadden responded that applicants would have to go through the existing BAR process.
Trustee McHugh inquired about TPS and whether or not this legislation would preclude them from putting event signage on telephone poles.
Mr. Nugent advised that the legislation was drafted for attachments that were permanent and not temporary. Anything posted for less than 30 days would not be prohibited under the law.
Following some further discussion a public hearing for Local Law Introductory D2 was set for February 21 at 6:01pm.
Public Comments:
Jane Garofano noted that the date set for Tax Grievance, February 20, fell during President’s Week, during which time many people were away. She wondered whether or not this date was set in stone and whether or not residents had to physically be present in order to grieve.
The answer was no, physical presence is not required. The date is set by the State of New York. There is a form that must be submitted and it will be reviewed on that day.
Secondly, Mrs. Garofano inquired as to why the current administration was not circulating any sort of newsletter to the residents.
The Mayor responded that this had been his decision. “I really feel like you can read the minutes as well as the great work of the reporters at TPFYI and that my role is to communicate with you when there is an important issue.”
“It’s nice to get communication from The Mayor,” responded Mrs. Garofano.
“It’s a lot of work,” interjected Claudio Guazzoni.
“Well, that’s’ why I don’t run for Mayor,” replied Mrs. Garofano.
The Mayor wondered how everyone else felt on the subject.
Mr. Guazzoni suggested that a monthly newsletter would be nice, but noted it took a lot of work.
“It’s always been done, so I think people are used to it,” commented Mrs. Vaught.
“It’s always been done,” echoed Mrs. Garofano.
“It hasn’t always been done,” replied Mayor McFadden. “Tom Wilson didn’t do it.”
“You are comparing yourself to Tom Wilson?” inquired Mr. Guazzoni.
The Mayor suggested that monthly letters could ultimately prove divisive.
Mrs. Garofano wondered if he couldn’t draft some sort of overview so that residents did not have to physically attend meetings or search for information online in order to know what is going on.
Mayor McFadden suggested that they collect email addresses and send information electronically as it was a laborious undertaking for the clerk to send out a large mailing.
Trustee McHugh interjected that they had been trying to populate the Village website with more information and they would like to encourage residents to utilize this as the Village’s main medium of communication.
Trustee Moon suggested that an easy approach would be to approve the meeting minutes in a timely fashion and circulate them by email to those residents who opt-in.
Following some further discussion, The Mayor stated that he would take a stab at it and he invited Mrs. Garofano to come back to them with any and all feedback in the months ahead.
Claudio Guazzoni commented that he wanted to talks about the state of taxes and SALT and the fact that taxes were no longer deductible. He stated that he had come to the October meeting and raised the point only to be rebuffed by the Mayor, who claimed that the proposed changes would never pass through the Senate.
“I never said that!” responded the Mayor.
“I’ll let you hear it on tape at the next meeting,” replied Mr. Guazzoni. “Outside of a hastily arranged emergency meeting with half an hours’ notice,” continued Mr. Guazozni, “what else are you doing to lower our taxes and take this burden off the taxpayer’s back, because it seems like the budget is going to be a lot larger this year than it was last year.”
“Is than an anecdotal comment?” inquired the Mayir.
“No, I’m asking what else are you doing outside of….”
“First of all,” interrupted Mayor McFadden, “it wasn’t a last minute, half hour, emergency meeting. It was December 27, where we all sacrificed our time during the Holiday. I don’t know if you appreciate that or not, but I know a lot of people did. We had hundreds of emails thanking us for what we were doing.”
“Ok, what else are you doing besides that?” asked Mr. Guazzoni.
“Regarding?” responded the Mayor.
“Regarding lowering our taxes, because they are non-deductible, Mayor. I told you that in October.”
“If I had only listened to you,” quipped the Mayor, “things would be running so much better.”
“I know. Sucks when you don’t finish college doesn’t it,” retorted Mr. Guazzoni
“What we are doing,” interjected Trustee Barnett, “is systematically looking at issues that have not been addressed for a long time, including the previous administration. We are starting with accounting procedures. You can’t understand a budget unless you understand the accounting. We will have clear accounting so that everybody understands what is being spent and why. I think that you cannot save money unless you have a maintenance schedule. We don’t have a maintenance schedule. We need to define priorities in maintenance and than have people hold us accountable. We have had reports going back for lord knows how long showing that we ‘re losing around 50% of our water on average. We can’t account for it. Alan and I are focused on that. One of the several things we found is that there is a filter, that plugs into the sewer that has been using clean, purified water to clean out the sewage filter. Once the dam is finished, we are going to start using Wee Wah Lake water for this purpose. We think that this is going to significantly reduce the loss of water. If you can account for more of your water, you save money by not manufacturing as much.”
“It just seems to me that the budget this year is going to be a lot more than it was last year. I mean, you have all these consultants on the books,” replied Mr. Guazzoni.
“How can you say that? How can you say it? You have no numbers! You’re guessing. You have no idea,” stated Trustee Barnett.
“I’m just saying, you cannot deduct….” began Mr. Guazonni
“Claudio, have you got any clue what you are talking about?” inquired Trustee Barnett.
“All of you should put some time in and sharpen the pencil and try to lower the budget by 10%.,” stated Mr. Guazzoni.
“What in the hell do you think we have been doing?” responded Trustee Barnett.
Trustee Gluck then interjected that he felt this would be a good point in time to thank Mr. Guazzoni for his remarks and move on.
“So you are doing nothing about it,” stated Mr. Guazzoni.
“That is not true,” replied the Mayor.
“All right….we’ll see when the budget comes out,” responded Mr. Guazzoni.
“I am really amazed at how much work all of you guys do,” Richard Witte commented to the Board. He went on to raise the issue of school taxes, stating that he felt that the Village was being overwhelmed by them. He suggested that some States have begun using a portion of their sales tax to help to alleviate the burden of school taxes. He wondered whether or not this was a possibility in New York, noting that ultimately it was a political solution that would involve both the County and the State, but he felt it was good one.
Fred Rella then commented that he was a property tax expert. Municipalities hire him and he assists with grievances. He has represented several thousand homeowners over the course of the last several years. He offered his help to the Board for he upcoming assessment season if they were interested.
The Mayor thanked Mr. Rella for his offer, commenting he had had no idea that he was in this line of work.
Update Prepayment Of 2018 Taxes - December 28, 2017
From The Mayor's Desk:
VILLAGE RESIDENTS – After further discussion and consideration with our Village attorney and accounting firm, and the New York State Conference of Mayors (NYCOM), the Village will accept checks presented for 2018 Village real property taxes in an amount up to last year’s tax bill. To qualify you must drop off a check at the Village Office tomorrow, Friday December 29, 2017 between 9 AM and 4 PM, or mail a check postmarked before 11:59 pm on December 31, 2017. No wire transfers will be accepted. The Village will hold the check for 10-days in case things change. If not we will return the check to you.
The Village makes no representation that this will result in the ability to deduct such payments in 2017 or as to any tax matter; current authority would appear to require a tax warrant or assessment prior to year end which has not and for various reasons cannot occur. The relief the Village would require would have to come from the Governor’s office, the IRS, or certain movement in the courts. Please consult your own tax adviser. This situation is constantly evolving and will likely continue to do so until the matter is finally settled. Thank you for your patience and understanding.
Update Prepayment Of 2018 Taxes - December 27, 2017
From the Mayor's Desk
PREPAYMENT OF 2018 TAXES – December 27, 2017
VILLAGE RESIDENTS – As we have reported to Village residents, since Governor Cuomo issued his Executive Order on December 22nd , the Board of Trustees has been working to see if we could develop a procedure whereby residents could repay their 2018 property taxes and obtain an income tax deduction in 2017.
This afternoon the Internal Revenue Service issued a statement that conclusively settles this issue. It is clear from the statement that the prepayment of 2018 Village property taxes will not be deductible in 2017.
Attached for your information is a link to the IRS statement. As you can see Example 2 in the statement is directly on point. The Village Board does not provide tax advice.
VILLAGE RESIDENTS – Based on present knowledge, we are limited to pre-paying the town taxes. The Town had dated their tax warrant December 27, which would allow taxpayers to pay 2018 taxes between December 27 and December 31. The problem with Village and School taxes is that they cannot date a warrant earlier because their budget process does not occur until 2018. The tax collector cannot collect taxes without a warrant, and a warrant cannot be issued until the Village and the School go through their budget process.
However, based on Cuomo’s announcement yesterday The Board of Trustees is taking another look immediately and will communicate its findings to the community.
TOWN TAXES – The 2018 Tax bills are expected to be available by December 27, 2017. Tax payments should be mailed to Tuxedo Town Hall, One Temple Drive, Tuxedo, NY 10987 attention Tuxedo Tax Collector. In person payments can be made during the month of January. Monday and Tuesdays 9:00am -3:00pm, Wednesday Night’s 4:30 – 6:30. Early payment schedule will be released once the tax warrant has been issued.
Village Board of Trustees Meeting December 20, 2017
The Village Board of Trustees met on Wednesday, December 20 at 7pm. All members were present.
Mayor’s Comments:
Mayor McFadden opened the meeting by welcoming everyone and wishing them all Happy Holidays. He then expressed his gratitude to Christopher Gow, who recently took some beautiful drawings of various buildings in the Village, donated by the late Sam Bornstein, and hung them around the Village hall. He also expressed his gratitude to Chauncey Rodzienko and Lili Neuhauser for their motivation and efforts in helping to get Holiday lights put up around the Front gate, and to Michael Bruno, who in turn offered to fund this effort and assist in getting the lights installed.
Next he reported that the Village was aware of the Town’s desire to become a Village and they had asked their attorney to touch base with the Town Attorney and report back with pertinent information so they can render some opinions.
Police Report:
On behalf of the Police Department, Chief Melchiore reported the following for the month of November:
Non-Criminal Complaints – 345
Criminal Complaints – 8
Property Damage Complaints – 5
Arrests – 2
Intrusion Alarms – 2
Fire Alarms – 5
Medical Calls – 2
Traffic Tickets Issued – 5
Assists Given to The Town of Tuxedo Police – 1
Resident Vehicle Tags Issued – 892 (YTD)
Non-Resident Vehicle Tags Issued – 220 (YTD)
Additionally, roughly 1,300 vehicles passed through the Front Gate daily.
Mayor McFadden expressed his gratitude and offered congratulations to the Chief and his team for their assistance and overall roll in helping to apprehend the culprit behind a rash of automobile break-ins this past fall.
DPW Report:
Superintendent Voss began his report by addressing a recent Violation issued to the Village from the Health Department for high levels of TOC (total organic carbon) found in recent water samples. The samples are supposed to have a removal level of 1, but in September of 2017 that level was .97. As required by the Health Department, the Village must put out a letter before January 4, 2018 informing residents of the Violation. The Superintendent assured the Board and the Public that TOCs have no health effect. They are a precursor for disinfection bi-products, which the Village also tests for. TOCs are tested for monthly, while the bi-products are done quarterly.
The Mayor wanted to know whether the DPW had been in further contact with the Department of Health.
The answer was yes. There is nothing, aside from the letter, that the Village needs to do. No further testing is required. The results of testing for the bi-products show levels that are way below contamination levels. The drinking water is perfectly fine. Superintendent Voss reached out to an environmental consultant who has worked with the Village in the past to discuss the issue and inquire as to whether it could be a result of old filters. The answer was that it absolutely could be as the filters are 20 years old and could use to be rehabbed. Additionally, the Superintendent has spoken to the Village Engineers about setting up a time for them to come down to the Water Department and take a close look at the equipment in order to help them put together a plan for tank rehab.
Other than this, the department has been busy picking up leaves as weather permits. They have also been working with Nelson Tree Service, contract operators for Orange and Rockland, every Tuesday on removing hazardous trees. There have been a few water leaks over the past 10 days that they have been busy repairing and there is a pressure regulator in the Town of Tuxedo, which needs to be replaced. This work has been scheduled for Wednesday, December 27.
Mayor McFadden wondered if there was the potential for grant funding with any of these projects.
The answer was no.
Finally, new lines were painted on the roadways just after Thanksgiving.
The Mayor pointed out that the section of road leading from Route 17 up to the Front Gate was a mess with both old and new lines visible. He is concerned as this is the first impression visitors get when they visit the Village.
The Superintendent responded that he was working on fixing this and would take care of the issue.
Building Department:
Click here to view a copy of the Building Department report.
Additionally, Mr. Ledwith reported having met with Verizon about the possibility of a cell tower on Ridge Road near the water towers. The trees in the area are quite tall (approximately 90 feet) but the pole would have to be slightly higher. He has asked the Verizon representatives to put something official together for him to relay back to the Trustees.
The Mayor commented that he believed that the last time this had been discussed, the intention had been to attach a pole to the water tanks rather than to bring in an extremely tall pole.
Mr. Ledwith responded that this was not the case. The proposal has always been for a pole. Verizon has offered to paint the pole if the Village so desires and Mr. Ledwith would be happy to speak to them about this.
Public Comments for Village Services:
Addressing Chief Melchiore, Meg Vaught commented that about 10 days prior she had been pulled over for speeding near the Tuxedo Club. Acknowledging that she had in fact been speeding and that the stop was warranted, she went on to report that after determining that she as a resident, the officer had inquired not only as to the address from where she was coming, but also what she had been doing there. Mrs. Vaught found this line of questioning both unnecessary and intrusive and wondered whether the officers frequently engaged in this sort of questioning with residents during routine traffic stops.
Chief Melchiore responded that due to recent incidents involving suspicious activity in the Village, the officers were more on alert and will often question drivers accordingly. He apologized for the inconvenience and stressed that if anyone felt violated in any way they should step forward, but he also asked for patience with the officers when and if they ask these types of questions. If they are able to prevent non-residents from unnecessarily “floating around” the Village, they will do so.
Other Reports: Dam Construction – Trustee McHugh reported that the Wee Wah Dam project is 75% complete and on budget. Bi-monthly meetings continue. There are no safety issues with the project. There are a couple of overages. The original project budget allowed for $220,000 for overages. The overages to date include: $3,000 for drilling, construction of a concrete wall which became necessary after they removed the capstones on the auxiliary spillway and discovered massive deterioration of varying degrees there and had to bring it down by 10 feet. The cost of this additional work is $30,000. Additional issues were also uncovered on the floor of the auxiliary spillway the result of which was an increase in the square footage area that needs work. The cost of this is $15,000. Finally, there is an exposed face on the primary rear that needs to be refaced with concrete at a cost of $10,000. On top of this, the Board needs to vote on some additional scope of work for CHA (engineers) whose original contact expired on December 18. All of this totals $144,000, which will come from the allocated $220,000. From an engineering prospective, everything is very much in line and they do not expect any surprising as they approach the finish line. With regard to the bridge between Pond #3 and the Wee Wah, the contractor discovered some fallen rocks under the bridge when they commenced work there and as a result a bridge engineer will be brought in over the course of the next month in order to help determine whether any remediation needs to be done.
Mayor McFadden wondered whether or not they would be able to utilize the remaining contingency funds to complete any work that might be necessary on the bridge.
Trustee McHugh responded that they were hopeful that this would be the case. Given that the bridge is a part of the dam structure, they are also consulting with the DEC.
The Village has begun posting monthly overviews/progress reports of the project in pictorial form to the Village website. At this point, the real topical issue moving forward is weather. The contractor is confident that he will be able to work throughout the winter in order to finish the project in March.
The Mayor thanked Trustee McHugh for taking on the project and doing such a thorough job with it. He encouraged him to keep up the good work.
Resolution – CHA’s Extra Work Authorization (EWA) No. 7 Request – The Board voted unanimously in favor of approving this request in the amount of $54,000.
Traffic Booth - Mayor McFadden noted that back in September the Board had announced plans to move forward with the project as soon as they had an actual cost estimate. After much prodding, they finally received an estimate in mid December and it was for $200,000. This is over the budget for the project. Subsequently, there are a few things they can do. They can change the design in hopes of lowering the overall cost. They have roughly $45,000 left over from the originally funding they had set aside, which would mean that they would have to try and find additional funding somewhere within the budget or try to raise the money via donations. As a result of this, they have come to a “re-start point” for the booth.
Mayor McFadden apologized for this, reiterating that their original intent had been to begin digging in November, but the delay with the estimate had rendered that impossible. Now they feel that they have an obligation to the taxpayers to make sure that the Village can afford the project before they commence. The Mayor assured everyone that he would be pushing to make sure that they could afford the project and get the booth built.
Trustee McHugh commented that when the booth had originally been destroyed and the initial survey conducted in February of 2015, some fundamental assumptions had been made, which he feels are incorrect. In 2015 the Village had traffic guards, which they no longer do. Also, residents were assuming that they would have the same interface with a new booth, however this is not so. In order to make the booth secure for the officer inside, the design has been altered to include bulletproof glass and inoperable windows. Finally, there had been so consideration of cost when the original survey was taken.
Mayor McFadden interjected that there were design solutions to the inoperable windows, however this would increase the price of the project.
Trustee McHugh agreed.
The Mayor suggested that they were moving in the right direction as the estimate had come down significantly from the first estimate they had received.
Trustee McHugh suggested that, given the costs they had been given, perhaps an alternative to the booth could be a kiosk with a video screen where individuals would be able to interact with officers in the Keep via the screen. While this would admittedly be only a fraction of what would be achieved by a booth, it would allow for face-to-face interaction with the police officers. The Village has begun some preliminary pricing of this option with vendors. He feels this would be a better solution than no solution, if this is what the residents want.
Update on Accountant’s and Comptroller’s Audits – Trustee McHugh reported that he and Trustee Barnett would be meeting with the Auditor the following day. They did receive a preliminary draft of the report, which they will review in that meeting. The Comptroller is no longer onsite and is working remotely. They will be providing the Mayor with an informal presentation prior to submitting a formal presentation to the Board, which they will in turn respond to.
Mayor McFadden commented that, through direct conversations that had already taken place, he felt the Village had been able to get a head start on remediating some of the policy issues. Their goal is to meet the critique head on, make the necessary changes and work closely with them in a proactive manor.
Trustee McHugh agreed with this noting that there had been 4 main issues; the Water Department, Segregation of Duties, the Village Procurement Policy and the IT Department. He further noted that the IT issues would hopefully be largely resolved later in the evening.
Mayor McFadden then thanked Trustees McHugh and Barnett and Denise Spalthoff for all of their hard work on getting these things in order.
Tree Advisory Board – TAB Chair Chui Yin Hempel presented the Board with an update. Click here to view the presentation.
Financial Report – Trustee Barnett reported that in looking at the 69-page draft financial statement from the auditors, he had come to the conclusion that the Villages financials were somewhat non-comprehensible. He believes that one of the basis for being able to control or supervise a Village or any entity and have it’s shareholders or voters be able to supervise it, is to comprehend the financials. Not only are the Village financials non-comprehensible in his view, they are sometime contradictory. The different areas/departments don’t talk to one another and there is no valid balance sheet to compare. If they cannot understand what the financials are and what they have, they cannot properly run the Village. He feels that it has been many years since the Board and the voters have been able to understand the financials. It is his goal to make the financials much more comprehensible so that the voters can hold the current Board and future Boards more accountable to a standard and so that the Trustees can properly supervise their employees.
Public Comments:
With regard to the Town’s intention to become a Village, Dena Steele wondered if this were to happen, what Tuxedo Park would become the Village of.
The Mayor responded that he had asked the Village Attorney to speak with the
Town Attorney so that they could get a better understanding of the situation.
Board Attorney Brian Nugent concurred, further commenting that he was in possession of a Powerpoint presentation, but had not had the opportunity to speak with the Town Attorney directly.
Trustee Moon added that he felt it was a very good idea and that in his view it was important that the Town have the ability to object to the Pilgrim Pipeline and becoming a village would permit it to do so. As he understands it, without having viewed any of the legal paperwork, there would be no change in borders or functions.
Mr. Nugent suggested that typically when this type of thing happened, there was not already a pre-existing Village within the Town and this might be where procedural hurdles could arise.
Michele Lindsay added that the Town Board had begun exploring the option about a year ago as they had twice attempted to push a transportation law through the State Assembly and Senate, which would have afforded Towns the right to prohibit the Pipeline. The presentation that took place at the December 11 Town Board meeting was the first time they had really seen anything. It is a work in progress.
Marc Cintron commented that he had had the opportunity to do a little research on the issue of consolidation and while the pipeline has been openly discussed, he feels it is important to note that one of the reasons why other communities in Westchester had become Village/Towns was to avoid a reorganization of the town, similar to what has happened in Ramapo. For example, with the construction of Tuxedo Farms a lot of new residents will be joining the existing Town. State law provides that any territory with a population of at least 500 can begin the process of creating a village within an unincorporated portion of the Town. As such, the Town of Tuxedo could face the possibility of losing their jurisdiction over Tuxedo Farms should the residents there decide that they want their own zoning and planning boards. This particular proposal may impact the ability to create a separate Village within the Town of Tuxedo other than the pre-existing Village of Tuxedo Park.
Trustee Moon responded that he had been in conversations with Supervisor Rost for about a year on this topic and the assured everyone that the intent behind the proposal was entirely environmental so that they could object to the Pilgrim Pipeline.
Moving on, Dena Steele commented that she felt the police needed to take a more active role out in the community, interacting with residents and patrolling, rather than sitting securely behind glass. She spends a lot of time outdoors birding and walking dogs and she rarely sees the police go by. She belongs to a residential club in Florida where there is traffic guard interacting directly with people at the entrance as well as a constant patrolling presence. She would like to see more of this here in the Village.
Tom Salierno inquired as to the proposed completion date for the dam project, specifically wondering if this would include all of the work at the waterfall and the pipe that needs to be run from Pond #3 under the roadway.
Trustee McHugh responded that there had been a delay in getting the pipe installed. They are planning to have divers lay the pipe sometime within the next month. The road will be cut, but not repaved until the spring.
Mr. Salierno then wondered if work on the bridge would affect the wall that holds up the road there.
Trustee McHugh responded “hopefully not,” but until they have taken a closer look at what might need to be done, they cannot say for sure.
Gartner Hempel inquired as to whether there was a targeted date for reopening the road over the Wee Wah dam for passage.
The answer was sometime between April and June of 2018.
With regard to the Booth, Mr. Hempel wondered whether the Village had a breakdown of labor as a part of the $200,000 estimate.
Mayor McFadden explained that the entire project was done by prevailing wage, which ultimately added another 20% to the cost. The Village has no choice on that, but they are willing to explore creative options such as partial construction off-site. He added that the only way to really know what the costs would be would be to collect bids, however he does not believe that the estimate is $50,000 off.
Mr. Hempel replied the he was trying to get an idea of what the controllable costs might be. He wondered about material costs.
The Mayor responded that he believed there was a way they could buy the materials through the Village and thus avoid paying tax.
Jim Hays inquired about the status of Airbnbs in the Village and whether the Board had made any determinations. Secondly, he noted that many residents had received an email earlier that day from the Town suggesting that 2018 property taxes could be paid before the end of 2017. He suggested that this could provide an opportunity for residents to deduct these taxes from their 2017 income. He wondered if the Village might be able to do the same.
Mayor McFadden responded that they had looked into this and it appeared that they could only work with the County taxes. He asked Mr. Nugent to explain further.
Mr. Nugent responded that it was his understanding that the Town had dated their tax warrant December 27, which would allow taxpayers to pay 2018 taxes between December 27 and December 31. The problem with Village and School taxes is that they cannot date a warrant earlier because their budget process does not occur until 2018. The tax collector cannot collect taxes without a warrant, and a warrant cannot be issued until the Village and the school go through their budget process.
Lili Neuhauser commented that she ran her dogs on Village property and up at TPS all year long and felt it was imperative that people who do the same clean up after their dogs. She has recently come across a fair number of people who feel they do not have to clean up during the winter months. She suggested that the Village put something on their website reminding residents to clean up after their dogs.
Mrs. Hempel added that the same situation was occurring at the Racetrack.
The Mayor agreed that they would put something on the website.
Michele Lindsay commented that the Hamlet Revitalization LDC had held their last consolidation meeting and would be accepting applications at the beginning of January. For those who are unaware, the LDC (local development corporation) is being funded by Tuxedo Farms in an effort to encourage new businesses in the Hamlet. 2 million in grants are available as well as 4 million in revolving 12-year loans.
New South Gate Policy:
There was an incident recently at the South Gate, which resulted inaccessibility to the Village via that entrance for a few hours. Chief Melchiore stated that they would be looking into new equipment as what is currently installed there is extremely antiquated. In the meantime, if this should ever occur again, an officer will be stationed there in order to provide access to the residents.
Update on Village Reassessments:
Trustee Moon reported that he had collected the email addresses for every assessor who does work for a municipality in Orange County. He has put together an RFP, currently under review by the Village attorney and he is hopeful that it will be ready to send out in a day or so. Kathy Norris publicly requested a copy of this document at the previous meeting and Trustee Moon will see that she receives one. It is a Civil Service position.
With regard to the Village Reassessment, the State has a 100-page model RFP, which Trustee Moon feels is fairly incomprehensible. Therefore, he found a comparable community (Rhinebeck) and is putting together a more streamlined and comprehensible document. He will report back on this at the next meeting.
Mayor McFadden added that most communities did general reassessments every 4-5 years however the Village has not done one since the 1970s and there are a number of discrepancies as a result.
Airbnb In The Village:
Mayor McFadden reported that this issue had come up at a previous meeting and it appeared as though most of the Board was against it. Trustee Gluck subsequently offered to look up an old piece of drafted legislation, which pertained to this type of thing but had not been formally adopted by the Board. Trustee Moon had added to these and made some changes based on current law. This will be given to Mr. Nugent with the intent of reviewing publicly at the January meeting. The new draft will not affect operational businesses that may or may not take place within the Village.
New IT Consultant:
The Village is need of new equipment and the Village has been researching new vendors. Trustee Gluck reported that he has been reaching out to various vendors in search of solutions. The current machines and operating systems are antiquated and no longer supported. The email systems are all but unusable and Village business has been conducted on alternative Gmail accounts, which is an untenable situation. Through his research, Trustee Gluck has found a government solution through the Town of New Windsor. New Windsor serves as IT for a dozen or so other communities and police departments in the mid and southern Orange County area. Through an intermunicipal agreement, the Village will receive the benefit of New Windsor’s internal labor rates with only a slight mark-up as well as the benefit of being able to use State pricing on goods and contracts, which will result in a tremendous savings for the Village.
Additionally, the Village has put together a rough estimate of what they will need to spend to get things to where they need to be over the course of the next year. This covers new computers for the office staff as well as an email upgrade and servers for both the Police Department and the Village Office. The total is $15,000. Trustee Gluck has discovered a surplus within a retirement account, which can be transferred and used to cover these costs.
Before a specific package can be put together and the final costs determined, the contract must be signed.
Mayor McFadden added that the $15,000 would only be in year one. Subsequent years would likely only cost $1,000 until equipment needs to be replaced again, which will carry a higher price tag.
Trustee McHugh pointed out that moving ahead with this would also bring the Village into compliance with the Comptroller.
The Board voted unanimously in favor of approving the agreement between the Village and New Windsor.
New Business: Resolution – Exemption from County Taxation on Village Owned Water Parcel – The Board voted unanimously in favor of requesting County tax exemption on a Village owned water parcel.
Resolution – Board of Zoning Appeals Appointments – The Board voted unanimously in favor of approving the Mayor’s appointment of Houston Stebbins and Gary Pompan to fulfill the unexpired terms of Gary Gylnn and Jon Whitney on the Village Board of Zoning Appeals.
Resolution – CodeRed Renewal - Mayor McFadden reported that he had handed off the responsibility of issuing CodeRed alerts to the Police Department. The Board then voted unanimously of renewing the CodeRed system for a year at the current annual rate of $3,020. The Mayor further reported that any residents wishing to remove themselves from the alert list would shortly be able to opt-out on the Village website.
Resolution – Mayor to Sign Agreement Concerning Bequest of Alex Salm – The late Alex Salm bequeathed to the Village a gift of $100,000, which must be used for landscaping and tree removal throughout the Village. The money must be used in addition to budgeted funds and cannot be used as relief from the budget. The Board voted unanimously in favor of authorizing the Mayor to sign the agreement.
Public Comments:
Chui Yin Hempel commented that the Tree Advisory Board would be happy to assist the Village in determining how to best make use of the Alex Salm funds.
Agenda For Village Board of Trustees Meeting December 20, 2017
1. Call to Order
2. Pledge
3. Roll Call
4. Mayor's Comments
a. Holiday Lights at Front Gate
b. Town Becoming a Village
5. Police, DPW & Building Reports
6. Other Reports
a. Dam Construction
b. Traffic Booth
c. Potential Verizon Tower
d. Update on Accountant's and Comptroller's Audits
e. Tree Advisory Board Update
7. Public Comments
8. New South Gate Policy
9. Update on Village Reassessment
10. New IT Consultant
11. New Business
a. Draft & Discuss Rules Regarding Approval of Telephone Pole Postings
b. Real Property Assessor New Position & Posting
c. Resolution-Exemption from County Taxation on Village Owned Water Parcel
d. Board of Zoning Appeals Appointments
e. CodeRed Renewal
12. Public Comments
13. Village Vouchers
14. Approve BOT Minutes
15. Adjourn to Executive Session for the discussion of seasonal water department revenues, pending litigation, and collective bargaining negotiations. 16. Adjournment
And any other matters that may come before the Board.
Village Board of Trustees Meeting November 15, 2017
The Village Board of Trustees met on Wednesday, November 15 at 7pm. All members were present.
DPW Report:
DPW Superintendent Jeff Voss reported that the department has completed paving on Circuit and West Lake Roads. Additionally, they have been busy patching more potholes on roads that needed to be resurfaced and picking up leaves in gutters and hilly areas throughout the Village in advance of rain. A couple of trees came down in the wind this past weekend and they were successfully cleared off roadways. They have also begun installing sanders on the trucks before the freezing weather. Superintendent Voss met with Chief Melchiore with regard to striping the roads. Double yellow lines in the middle of the roads will be done on Friday (11/17) if weather permits. They will not be putting lines on the sides of the roads.
Finally, reflectors on the poles along West Lake Road have been installed.
Mayor McFadden requested that Superintendent Voss and Trustee Barnett put together a long term paving plan for the 10 worst roads in the Village to be discussed at the December meeting.
Police Report:
Chief Melchiore reported the following for the month of October:
Non-Criminal Complaints – 336
Criminal Complaints – 8
Property Damage/Motor Vehicle Accidents– 4
Uniform Traffic Tickets Issued - 6
Traffic Warnings Issued -4
Fire Alarms – 7
Intrusion Alarms – 5
Medical Calls – 1
Assists Given To Outside Agencies – 1
Assists Received From Outside Agencies – 3
Vehicle Tags Issued – 24
Additionally, approximately 1,300 vehicles passed through the Front Gate per day.
The Mayor asked Chief Melchiore to speak to the rumors, still circulating, that there have been an excessive number of car break-ins in the Village.
The Chief responded there had been 2 occasions on or around Halloween, one of which they were able to get to the bottom of and the other is still unfounded. The Department continues to work closely with outside enforcement agencies. There have been a couple of similar incidents in the Town of Tuxedo as well. They are not sure yet if there is any relation.
“But, in general, you don’t feel that there is any reason to sound an alarm to residents to lock their doors and lock their cars for some unusual circumstances?” inquired the Mayor.
Chief Melchiore responded that they would request that residents lock their vehicles and homes as a form of ordinary precaution, but that he did not feel there was any reason for residents to be unusually concerned.
Dena Steele inquired as to what the rules were in terms of residents being on the WeeWah Beach Club property during off-hours and off-season. She further noted that she had recently been thrown off the property by a Village Police Officer for trespassing. “I was told I deliberately went around the gate,” she added.
Mayor McFadden asked Ms. Steele whether she had made a formal complaint to the Police Department.
She responded that she had not, however she did speak to Trustee McHugh shortly afterwards as the Officer had told her that she should bring the issue to the Village Government.
Trustee McHugh inquired of Chief Melchiore whether or not there was a policy in place with regard to trespassing on the Beach Club property during off-season. He added that it was his understanding that when the Beach Club was not leasing the property, it was public land.
The Mayor then suggested that the Board make a formal request that Village Residents be permitted access to the property during the off-season without being approached by the Police.
Trustee Gluck responded that he felt they should leave the status quo in place with the understanding that there has been a long tradition of Village residents using the facility when it is not operating as the Beach Club. He suggested that they should look into it and determine whether they could continue this without changing anything that currently exists. He further suggested that he believed there was a long-standing practice of not enforcing the “No Trespassing” sign that was attached to the gate there.
Trustee McHugh commented that this sign had been posted by the WeeWah Beach Club and not the Village and it pertained to the time period when the Club was leasing the property.
Mayor McFadden stated that the Board would further examine the situation in order to make sure that they had a consensus that Village residents should be able to use the property without any hassle during the off-season.
Ms. Steele suggested that they check with the Beach Club, as over the course of the last several seasons, they have been okay with non-members using the property during off-hours with their dogs as this helps to keep the geese away.
In the meantime, the Mayor asked the Chief to please “lay back” on confronting individuals who are on the property unless they are not residents.
"We are going to check regardless,” responded Chief Melchiore, further suggesting that he would also review the rules and regulations.
Jim Hays wondered if there was any new news with regard to the bones that were found on the Beach Club property. He pointed out that at the October meeting, the Chief had described them as “fragments” and he wondered if the Chief might be a little clearer about this. “If you put the fragments together, would they be whole bones or would they be a whole human skeleton?”
“We’re not going to go into too much further detail on the description of what was found at the location,” responded the Chief. “Right now there are outside agencies that are diving. We’re now checking the waterways with divers and forensic people involved. They are checking reports for missing persons, etc., so it is going to take a little while. Nothing new at this time.”
“Who is doing the analysis on the bones?” inquired Mr. Hays.
The answer was the New York State Police Laboratory.
Inger Grueterich wondered whether the bones had been dated and specifically if they were recent.
Chief Melchiore responded that they were more recent.
“They are more recent than the Corduroy Road,” interjected Trustee Moon. “Recent it a loaded term. I really don’t want to talk about an open investigation. Not in the 70s, 80s or 90s…how’s that?”
Ms. Steele then inquired whether the dam in its’ current state of repair was under the Police jurisdiction.
The answer was yes.
Building Department Report:
Click hereto view a copy of the Building Department report.
Mayor McFadden asked Mr. Ledwith to update them on the status of the Traffic Booth.
Mr. Ledwith responded that Village had been getting some estimates pertaining to different construction ideas and they would be putting together more information for the Board as it all came together.
The Mayor added that he and Mr. Ledwith had met with engineer Pat Hines the week previous with regard to the Booth’s progress. One of the goals of this meeting was to convert the engineering contract from an hourly-based contract to a lump sum or fixed fee contract. They agreed to do this and a lump sum was provided earlier that day, but what it did not include was an actual estimate for the Booth itself. This is something that was committed to in Phase One and the Mayor feels that it is very difficult to approve a lump sum based on a product for which they do not know the final cost. He has asked them for a professional estimate.
Mr. Ledwith and Trustee Barnett have prepared an updated Water Department Rate Schedule, which reflects all the rates as of November 15, 2017. A copy is available in the Village Office.
Mr. Hays inquired of Mr. Ledwith whether or not residents who felt they had trees on their property that might threaten O & R power lines could contact the office in hopes of having them put on the list for removal (as per Building Report)
Mr. Ledwith responded that if there are residents who believe they have a situation that jeopardizes the lines, they should bring this to the Village’s attention and they will subsequently bring the issues to O&R.
Committee Reports: Dam Construction – Trustee McHugh reported that as the month of November comes to a close, the Village is 1.7 million into the project and roughly 65% complete. Things are moving forward at a rapid pace, which workers trying to get as much of the cement work done as possible before the weather turns freezing cold. The contractor’s goal is to have this work completed by year-end. The largest impediment to date has been a section of the spillway where they removed the capstones and found massive deterioration in the wall. Ultimately, they had to halt work and knock down the wall. They anticipate there will be a cost-overage of roughly $30k. Trustee McHugh reminded the Board that when they went out to bid on the project, there had been a built-in cost over-run of $220k put into the bid price of 3.6 million and they are well within this limit. The parapet wall has gone up with two sections completed. Stone facing has begun. The Village has instructed the contractors to put this on hold should the weather become a challenge as ultimately, that work can be completed in the springtime along with the installation of the bluestone caps. The focus is on getting the concrete poured and having structural rigidity of the dam. In addition to the issue with the spillway, there appears to be an issue with a knife-gate valve, which could ultimately affect the timing of completion.
Mayor McFadden inquired as to the status of the work on Pond #3.
Trustee McHugh responded that they had excavated on the Salierno’s land and a hole has been dug for the drainage however, they have been very loose in terms of when they will actually complete the work. Divers are needed in order to position the pipe in Pond #3 and this could ultimately prove to be a constraint. Needless to say, the Village is encouraging them to move forward sooner rather than later.
The Mayor inquired as to whether these divers would be a variable in the potential completion date of the project.
Trustee McHugh replied that the Pond #3 work would only take a week and therefore, it is really a non-issue in terms of the totality of everything.
Mayor McFadden then thanked Trustee McHugh for all the time and effort he has put in attending weekly construction meetings and reporting back to the Board.
Tree City USA Application – Grant Writer Fred Rella stated that the Tree City USA Application would be due on 12/31/17. A resolution is not required, rather all the Board needs to do is to vote in favor of giving the Mayor the authority to sign the application once complete. The Board then voted unanimously in favor of granting Mayor McFadden this authority.
The Mayor then briefly mentioned that he and Mr. Rella had been discussion potential grants for computer equipment via email and that Mr. Rella had indicated that it would be difficult to obtain equipment for the office but the could potentially get something for the Police Department. It was agreed that the Mayor and Mr. Rella would meet and discuss this further.
Town Update- Trustee Gluck reported that the Town Board had met on Monday evening and continued their Public Hearing on the application for Tuxedo Farms to waive certain requirements under the Special Permit. The hearing has been closed and a vote on the waivers has been scheduled for Thursday, November 16 at 6pm. Trustee Gluck carried a message from Town Board member Michele Lindsay urging anyone who was interested to attend the meeting. As the Public Hearing has been closed, residents may not be afforded the opportunity to speak but the Town Board will still be accepting written comments through the 16.
Mayor McFadden wondered whether Mrs. Lindsay had provided a list of pros and cons, which might help some of the audience members to judge the request.
Trustee Gluck responded that he believed that Mrs. Lindsay’s view…and the view of many others…was that what has been proposed will lessen the appearance and quality of the project overall. Of course everyone can look at what has been proposed and reach their own conclusion, but this was the gist of most of the comments that were made during the public hearings.
Trustee Barnett commented that Related has been arguing that the changes are necessary in order for them to be able to entice builders to take on the project and that the materials that were previously approved make the project prohibitively expensive so that they have not been able to attract anyone. One of the suggestions form the floor at the hearing, which seemed to get some traction from Board members, was the idea that if they granted approval to changes the regulations as requested, that they grant it only for a portion of the development, pertaining only to the parcels of land in question and not the entire tract. This way, the Town could retain the stricter guidelines for the entire tract. While this may or may not prevail, it did appear to have some traction.
Public Comments:
Rob Zgonena commented that he had two issues that he wished to bring before the Board as he had been unable to obtain answers from any agency. One of these issues goes back roughly a year to when he subdivided his property on Ridge Road. He has an expectation to get assessed values for each subdivided parcel in a fair and timely manor. He was able to obtain assessments from the Town of Tuxedo in April, but to date he has not received an assessment from the Village. He inquired as to who the current assessor was in the Village, further suggesting that he had an email train to back up his repeated requests.
The Mayor responded that the Village does not currently have a formal assessor.
Mr. Zgonena wanted to know for how long this had been the case.
“We can certainly help you out,” responded Mayor McFadden. “You have circumstances that are apparently in need and obviously you want to get this project done. Let us talk and find an immediate solution for you.”
“I have lost sales because banks need assessments to get mortgages. Buyers want assessments to know what their taxes are going to be. I have waited and waited and waited. This is another example where the agencies of Tuxedo Park have come and hurt me financially again.”
Mayor McFadden apologized, commenting that this was the first time he had heard of the matter. He asked the other Trustees whether they were aware of the situation.
Trustee McHugh noted that he was aware of the situation and that he had been under the impression that Mr. Zgonena had received notification from the Village informing him that they were going to use the same assessment as the Town had.
“Why would you do that?” inquired Mr. Zgonena. “Are you saying that assessments are uniform throughout the Village and the Town? Cause they are not. I have an email here from Fran Liza where John Ledwith gave her what he expected the assessment to be, but that was in October. If we have no assessor now, why does John Ledwith have anything to do with this?”
The Mayor noted that Mr. Zgonena only had two minutes left for public comment and Mr. Zgonena argued that he had more than one issue to discuss. The Mayor responded by asking Mr. Zgonena to please keep it brief as there were other members of the public who wished to speak.
Mr. Zgonena then commented “I am going to be filing an appeal to a Board of Architectural approval that you, Mr. Mayor, got, so I am going to have to ask you to probably recuse yourself. I am appealing a BAR approval from September, not on the basis of any benefit that I seek for a property of my own, but because I feel that the approval was granted improperly and as a matter of Village expectations that the code be uniformly and properly applied to all residents. The $1,600 BZA I believe in this case should be waived. It is excessively high. I am appealing on the basis of something that effects the entire community.”
“What was the reason you are appealing the decision?” inquired the Mayor.
“Since I’m appealing your BAR decision, I don’t feel that it is appropriate to bring it up in this venue,” responded Mr. Zgonena.
"I am not judging anything,” the Mayor assured Mr. Zgonena, “I am just asking.”
“There are precedents where people have brought appeals to the BZA and the fees have been waived because it was done on the merits of a procedural inconsistency. This is the basis that I am bringing my appeal…not because I want something. I don’t want changes to my zoning. I don’t want exceptions. I am appealing a BAR decision on the merits of the code.”
Mayor McFadden then inquired of Board attorney Brian Nugent as to what the proper procedure for either waiving or not waiving the BZA fee would be.
Mr. Nugent responded that he was not aware of previous waivers. The fees are what they are. There is no distinction in the code between a procedural appeal and one that is substantive. He believes the only grounds where a municipality could consider a waiver would be in a case where there was hardship of some kind.
The Mayor wondered whether this would be a decision for the Board of Trustees or the BZA, or if it would be made in conjunction with both attorneys.
Mr. Nugent responded that the fee was usually paid to the Village. He further advised that he did not feel the Board had suitable information before them currently to waive the fee. He further suggested that Mr. Zgonena might be able to provide them with examples of procedural waivers.
Trustee Moon commented that if there was a shown need, there should be a procedure for moving forward with something like this. “A citizen approaching his or her government is a very important right, so we should take this very seriously.”
Mr. Zgonena commented that Mr. McKenna, who resides on Ridge Road, had appealed a BAR decision roughly a year ago and the fees had been waived for him. He further commented that he had a house in foreclosure, which was the result of an action that the Village had against him and which he had a counter claim. He feels that the $1,600 fee is an excessive burden for a person to bear in order to bring a claim to the BZA indicating that the BAR has failed to properly execute provisions in the code. He believes that the BAR should know better than to have done what they did. He added that the application was due the following Monday, so he needed an answer as soon as possible.
Mayor McFadden indicated that he was not in a position to provide an answer that evening.
Mr. Nugent advised that if Mr. Zgonena was insisting on an immediate answer, it would have to be no as the Board did not have sufficient information.
Mr. Zgonena expressed his dismay that Mr. Nugent and the attorney for the BAR worked for the same law firm further commenting “I can’t win here.”
The Mayor then reiterated that the fees would not be waived and moved the comment session along.
Dena Steele inquired as to the status of the Solitude Lake Management reports and the public presentation of this information. She further commented that she knew there had been talk of a Lakes Committee and she also wondered what the status of that was. Secondly, she inquired about Open Houses and other such events in the Park, which she feels jeopardizes the integrity of gates.
Addressing the second comment first, Mayor McFadden responded that the general view regarding Open Houses was that something needed to be done as events such as these, which have been extended to numerous realtors could lead to non-residents openly touring around the Village. He further commented that they were planning to discuss this issue later in conjunction with a discussion on signage.
With regard to Solitude, the Mayor commented that there was nothing to report that evening because they did not yet have all of the empirical data. He then asked Trustee McHugh to elaborate.
Trustee McHugh explained that Solitude had originally promised the data in November for the plant survey but now they are suggesting that it will come in January. The Village is hoping to give a presentation at some point in December. They have requested case studies regarding chemical treatments as these may be necessary to address the milfoil issues in Pond #3 and The WeeWah and they feel that it is important to look at some of the results (effectiveness, potential downsides, etc) from other communities before deciding on that course of action. Permitting for such treatment will need to be done in January in order to be prepared for the second quarter.
Ms. Steele wondered whether Solitude was still pursuing general management issues and assessing what the management plan should be moving forward.
The answer was yes.
Ms. Steele wondered when this plan would be forthcoming and Trustee McHugh responded that he did not know for sure. He further commented that Solitude is not the best at responding in season except for taking tests and sampling. It is the off-season, when things are frozen, when they expect to see more comprehensive planning and reporting. He is hopeful that they will have something in either December or January.
There followed a brief discussion with regard to the formation of a Lakes Committee. It was agreed that there was already a grouping of names for such a committee in place and that Trustee Gluck would be the liaison in charge of moving things forward.
Lili Neuhauser commented that she understood that the portion of the Corduroy Road that is exposed due to dam repairs is deteriorating as a result of exposure. She wondered if there was any way the Village might be able to preserve it.
It was agreed that they would investigate this. Once the cement pours for the dam have been completed, which is expected over the next two months, the lake will begin refill naturally, which should help.
Next Mrs. Neuhauser commented that she understood that the South Gatehouse was
Empty.
The Mayor responded that it was currently being used to store emergency cots, but the issue has been raised as to whether or not the Village would like to rent it again, but the Board has not formally discussed it.
Mrs. Neuhauser responded that she felt it was a great idea to have somebody there and she had always really liked the idea of having a Police Officer occupy it from a safety standpoint.
Lastly, with regard to the Bruno Project in Town, Mrs. Neuhauser commented that she was growing more and more concerned about the fact that Mr. Bruno is not being treated by the Town of Tuxedo the same way he was treated by the Town of Sloatsburg. She feels that it is incumbent of every resident in both the Village and the Town to get behind his project in any way and also to voice their concerns about the project moving forward. She wondered if the Village might put together a unified statement to submit to the Town Board and all other concerned agencies. She noted that she was not speaking only for herself and that she was in touch with Mr. Bruno, who she believed to be increasingly frustrated by how things are moving. In light of how successful things have been in Sloastburg, she thinks it is absolutely imperative that they do everything they can to see the project move ahead.
Speaking as a neighbor, Mayor McFadden stated that he agreed with Mrs. Neuhauser. He went on to report that he had received an update from Michele Lindsay roughly 3 weeks back with regard to the LDC funds that Mr. Bruno applied for, which total over 1 million dollars. Additionally, Mr. Bruno is apparently working with Tuxedo Farms in requesting another lump sum of money (1/4 million) and the Town has assisted him with the County in obtaining 10 years of tax abatement. As he understands it, Mr. Bruno is before the Town Planning Board with a plan to tear down The Junction to make a parking lot while dividing the IGA building into three spaces, 1 of which would be his while he would rent the other two. Based on this information, it seems to The Mayor that the Town is cooperating, possibly more than members of the public might believe, but obviously time will tell. He feels that any nudging by either members of the Board or community residents would be worth while.
Trustee Gluck commented that this issue had been raised at the recent Town Board meeting and members of the Board had stated that they were aware of the rumors that were circulating and wanted to reiterate that they have not received any formal proposals or applications to date.
“Because they only just gave it to him…the form that they cobbled together,” interjected Mrs. Neuhauser.
Trustee Gluck continued on to say that the Town Board had publicly expressed their willingness to work with Mr. Bruno in terms of waivers and whatever else might be needed, but before they can do this, they need an application in hand.
Mayor McFadden asked Trustee Moon whether or not he had any information to add in his capacity as a Town Liaison and Trustee Moon reported that the application for 1.3 million dollars in loan and Grant monies that Mr. Bruno submitted to the LDC had been rejected in totality.
The Mayor wondered whether or not Mr. Bruno would be applying for a lessor amount.
Trustee Moon did not know, but he suggested that there had been a warming of relations between the LDC and Mr. Bruno.
Mrs. Neuhauser reiterated that she felt it was incumbent upon all residents in the community to make sure the project moves forwards as everyone’s real estate values stand to be affected by it. The Times Herald Record has labeled this an ambitious project. “So What?” Mrs. Neuhauser stated. “We need an ambitious project.”
The Mayor then announced that they would allow one more public comment before closing the first comment period.
Jim Hays inquired about Airbnbs, noting that at the last meeting the Board had indicated that they would be discussing this issue amongst themselves.
Mayor McFadden stated that it was his opinion that they should not be allowed. He invited the other Board members to comment.
Trustee Gluck commented that they had drafted some legislation back in 2015 limiting short-term rentals in the Village but that it had never gotten to the point of Public Hearing.
It was agreed that they would revisit this draft legislation.
The Mayor asked Mr. Hays what his opinion on the subject and Mr. Hays responded that he was against it. The Mayor next asked the audience for a show of hands in the audience indicating who was for and who was against airbnbs in the Village. The result was overwhelmingly against the idea.
Claudio Guazzoni stated that he had an additional comment to make.
Mayor McFadden suggested that he would need to wait until the next comment period to make it.
“I’m sorry. I know I’m Latino, but I have a right to speak,” asserted Mr. Guazzoni. He went on to state that he filed a FOIL request with the Village Clerk back in September, but had not received the information he requested in 20 days time. “I know that Debbie is very punctual in her work. She is very diligent. So I can only surmise that she was told not to produce the required documents.”
Mrs. Matthews denied that this was the case, asserting that nobody had instructed her not to produce the requested information.
“I would like for her to produce the documentation. I don’t want to read aloud what it is about, but it is documentation that needs to be made public.”
Board Attorney Brian Nugent noted that a lot of what has been requested appears to be lists. Lists are not records. If Mr. Guazzoni would like to request documents he can do so, but the Village will not compile lists.
Trustee Moon pointed out that the lists were included within the general request.
“I’m sorry to do this this way,” Mr. Guazzoni stated. “My emails are being ignored. My telephones are being ignored. I don’t want to escalate this to the next step because it is going to cost the Village money.”
The Mayor asked Mr. Guazzoni to give them just a moment to look over the request to which Mr. Guazzoni responded “You can do two things at once.”
Mr. Nugent suggested that the Village did not typically put out RFPs for municipal employees and therefore, he does not feel that this would be a record on file. He indicated that he could work with Mrs. Matthews to put together a response to the request.
From the audience, Mr. Zgonena pointed out that item 9F on that evening’s agenda was an RFP for an assessor, so clearly they do put out such documents. He further requested a follow-up to his earlier request for a waiver to the BZA fee.
Following some back and forth between the Mayor and Mr. Zgonena, Mayor McFadden stated that he was closing the public comment period and that if Mr. Zgonena could not abide by this, he would have to ask Chief Melchiore to escort him out of the meeting.
Before moving on, Trustee Gluck stated that they would ensure that Mr. Guazzoni received a response to his request and the Mayor agreed.
Old Business: Budget Update – Trustee Barnet began by noting that Trustee McHugh had already touched on the Dam Project, so he would focus his report on the Water Department and General Fund. A lot of time has been put into the water department budget. The system is a strong one and the reporting format is very opaque which is good considering that one of their over riding principals is to produce very comprehensible and easy to understand Village Financials. To date, 48% of revenue for the Water Department has been collected in 42% of the time, which puts them ahead of schedule in this regard. Denise is largely responsible for this success, as she has been diligently chasing long over-due receivables. Operating expenses are on budget. 91% of revenues have been collected and expenses are at 41%, putting the Village right on budget.
The Mayor inquired about over-time in the Police Department.
Trustee McHugh responded that over-time was being monitored with Chief Melchiore managing and signing-off on these hours. The Village is within 1 or 2% of where they would expect to be within the fiscal year.
The Mayor expressed his pleasure at this and thanked the Chief for his efforts.
Public Comments:
Kathy Norris inquired as to what an RFP was.
The Mayor explained that it was a Request For a Proposal.
“Tonight? For an assessor for the Village?” inquired Mrs. Norris.
"No,” responded the Mayor.
Mrs. Norris wondered how an applicant would apply for the position.
Trustee Moon explained that the application process would be detailed in the terms of the RFP. He further explained that the Village could have moved forward without issuing an RFP, but they felt that in the interest of transparency they should issue one, which might also lead to a better talent pool. He has spent quite a bit of time working on the document, streamlining the State template into a usable format.
Mrs. Norris wanted to know where the information would be tendered.
Trustee Moon responded that this was to be determined, but he was suggesting that it be sent to the newspaper and well as listed on the Village website. Additionally, he is recommend that they email a copy to the list of certified assessors on the Orange County Real Estate Assessment webpage in order to gauge interest. He feels that the broader the dissemination for the RFP, the better it will be for the Village.
Claudio Guazzoni commented that tax proposals which would eliminate the deductibility of State and Local taxes were currently before the House and the Senate. These means that Village taxes could become nondeductible moving forward. He asked the Trustees to please keep this in mind because any upward movement in the budget would have an exponential effect on the Village Residents.
Mayor McFadden responded that he would bring this to the attention of the Villages new accounting firm, while also keeping an eye on what the State Comptroller had to say to municipalities.
New Business: Fyke Nature Preserve Request – The Board voted unanimously in favor of approving the annual Fyke Nature Preserve to conduct their annual Christmas Bird Count on Saturday, December 16 from 10am-12pm.
Extend Sterling Carting Refuse/Recycling Contract for One Year – The Board voted unanimously in favor of extending the current Refuse/Recycling contract for one year through November 30, 2018.
Appoint Fire Commissioner – The Board voted unanimously in favor of appointing Edward Brennan as the Commissioner for another five-year team, upon the recommendation of the Board of Fire Commissioners of the Tuxedo Joint Fire District. It was agreed that the letter of support would be added to the record.
Extend #2 Fuel Oil Contract – The Board voted unanimously in favor of extending the #2 Fuel Oil contract with the current provider.
RFP for Assessor Position – There was a brief conversation as to whether or not the tax assessor and the individual conducting the reassessment of the Village tax rolls should be two different individuals. Ultimately, it was agreed that it should. The Board then voted unanimously in favor of having Mr. Nugent’s firm work together with Trustees McHugh and Moon to complete RFPs for both an assessor as well as a firm to conduct a real estate reassessment.
Discussion of Signage Policy – The Mayor noted that he was unclear as to where the Village code stood with regard to signage through out the Village on individual properties.
Mr. Nugent informed him that although there are areas where signage is referenced in conjunction with other things, such as construction etc., there was no ordinance within the code that regulated signage in general, be they advertisements, political signs, real estate signs or any other type of sign for the matter, either permanent or temporary.
The Mayor noted that this could be a touchy subject as it dealt with people’s private property. He suggested that they look to give the BAR the authority to make approval for signage.
Mr. Nugent responded that the Board could draft a local law that would govern both public and private property. While they can only outlaw signs outright on public land, when it comes to private property they can enforce regulations detailing the size, time, place and manner in which the signs are displayed. They cannot, however, regulate content. A permit process can also be put in place if they would like one.
Trustee Gluck commented that he felt that Tuxedo Park had a long-standing tradition of not imposing communications on other people via signage. He cautioned that translating this into a legislative framework might prove difficult however.
Trustee Moon suggested that the traditions Trustee Gluck had mentioned might not comport with the First Amendment. He stated that he felt the Board should speak with council in a privileged environment before taking any further steps.
Ultimately it was agreed that this would be done.
Levy Unpaid Village Taxes to Orange County – The Board voted unanimously in favor of levying unpaid Village taxes to Orange County.
Agenda For Village Board of Trustees Meeting November 15, 2017
1. Call to order
2. Pledge
3. Roll Call
4. Police, DPW & Building Reports
5. Committee Reports
a. Dam Construction
b. Tree City USA Application
6. Public Comments
7. Old Business
8. Public Comment
9. New Business
a. Fyke Nature Preserve Request - Annual Bird Count in December
b. Extend Sterling Carting Refuse/Recycling Contract for One Year
c. Appoint Fire Commissioner
d. Extend #2 Fuel Oil Contract
e. Update Water Department Rate Schedule
f. RFP for Assessor Position
g. Discussion of Signage Policy
10. Village Vouchers
11. Approve Minutes
12. Adjourn to Executive Session for the discussion of a settlement on pending litigation and a discussion regarding matters leading to the employment of a particular person in the Police Department.
13. Adjournment
Village Board of Trustees Meeting October 18, 2017
The Village Board of Trustees met on Wednesday, October 18 at 7pm. All members were present.
Mayor’s Comments:
Mayor McFadden welcomed John Ledwith back to the Village, commenting that they were very pleased to have him back in place. This was met by a round of applause from the audience. The Mayor further noted that a lot of hard work had gone into making sure that Mr. Ledwith had been treated fairly and that currently they were working with Civil Service on putting together a complete job description, which will be shared with the public once it has been completed.
Police Report:
Chief Melchiore reported the following for the month of September:
Non-Criminal Complaints – 246
Criminal Complaints – 2
Property Damage Auto Accidents-3
Uniform Traffic Tickets Issued – 25
Medical Calls – 1
Intrusion Alarms – 1
Fire Alarms – 5
Resident Vehicle Tags Issued – 892
Non-Resident Vehicle Tags Issued – 227
Assists Given to Outside Police Agencies – 3
Additionally, Approximately 1,300 vehicles entered the Village via the Front Gate per day.
Trustee McHugh commented that there seemed to be a lot rumor-mongering as of late that the Village had been experiencing a crime wave with regard to petty theft. He asked the Chief if he could shed some light on this.
The Chief responded that there had been two criminal offenses in the last month. One of these was a theft from a motor vehicle while the other was classified as criminal mischief resulting in a little damage.
The Mayor asked for clarification from Trustee McHugh as to whether there were rumors going around the Village suggesting that there were more thefts occurring than there actually were.
Trustee McHugh responded that there were rumors circulating that suggested that there had been a spate of thefts. He was aware of only one on Club House Extension, which involved smashing a car window and stealing some cash. What he had been hoping to learn from the Chief is whether or not there had been any others.
Chief Melchiore responded that if the Police Department should receive complaints of this nature, they would certainly inform the Board, but at this time, there has been no such rash of complaints.
Dena Steele inquired as whether or not the break-in referenced by Trustee McHugh had been resolved.
The answer was no. The Department is still working on this case in conjunction with outside law agencies.
Jim Hays inquired as to whether the police could comment on “the mystery of the Wee Wah bones.”
Chief Melchiore responded that there were some human fragments that were found around the beach area. The department is viewing everything as suspicious at this time and they are going through the process and having it checked. Forensics is going to take some time. It is not known if this something that would be classified as criminal today, but it could have been criminal thirty to forty years ago. Based on the evidence found, they can conclude that the fragments are fairly recent and do not date back to corduroy road times. “It’s fairly current because of it’s content. I cannot really discuss any more than that, but it is going through a lab process and is being checked with homicides and missing persons outside of our jurisdiction. We have to wait and see.” stated the Chief further stressing that there there is no reason for fear inside the community.
Nancy Hays inquired as to how many Police Offers were on duty during the 12-8am shift.
The answer was 2 officers per shift, with one located in the Gate House and the other on patrol.
The Mayor added that the Board had been keeping a close eye on the shifts and overtime and things of this nature. Trustee Moon has been working with the Chief to keep these things under control. They put in some specific measures last month in terms of over time and they are looking forward to the results.
Audrey Perry commented that when the Garden Club had been working at the Back Gate she had noticed that there were a number of cars without tags accessing the Village through that gate on their way to the Tuxedo Club, either because GPS had sent them that way or because staff at the Golf House had lead them to believe they could pass through. It had been her impression that untagged vehicles would not be allowed Village access through that gate, regardless of GPS etc.. She wondered whether all of the officers working the Gate were aware that they were supposed to be making these untagged vehicles turn around.
Chief Melchiore responded that there have been some arrangements made with the Tuxedo Club pertaining to when they have events.
Mrs. Perry responded that she understood this but had still been under the impression that untagged vehicles needed to go around.
The Chief stated that he would look into this.
DPW Report:
DPW Superintendent Jeff Voss reported that the last month had been spent primarily on roadwork throughout the Village both chip sealing and paving. Eight or nine roads were chip sealed at the beginning of the month and Wee Wah, Lorillard, West Lake and Circuit Roads have been paved. If there are funds remaining, they will look to pave “another short road or two.”
Mayor McFadden noted that a number of residents had contacted him and inquired what roads would be paved and when and to this end, he wondered if they should sit down and attempt to establish a long-term, multi-year paving schedule for the Village Roadways.
Superintendent Voss responded that they could certainly do this, but cautioned that things do change from year to year and that often times inclement winter weather takes its toll on certain roads, which might necessitate a change in any plans they might make. They can put something together, but it cannot be set in stone.
It was agreed that this would be done.
Trustee McHugh added that Superintendent Voss does post a litany of the roads that are being paved at the Front Gate.
Mayor McFadden commented that he appreciated this, but was looking to establish something a little bit more long term in nature.
The Mayor then announced that the late Village Resident Alex Salm had donated $100,000 to the Village DPW in his will. There are conditions, which state that the donation is to be used for the removal of debris and related clearing work. It cannot be used in place of monies that have already been allocated for this cause, but rather should be used in conjunction with, or on top of, such funds in order to provide additional work. The Village is working with the Executor of the estate to finalize the arrangements.
Inger Grueterich inquired as to where the Village stood in terms of getting the double yellow lines back on the Causeway, further commenting that it can be quite difficult in that area at night time.
hief Melchiore responded that some of the Village roadways were narrow and if they were to paint double yellow lines on them, vehicles would be constantly crossing over. They have been monitoring speed in certain areas in order to determine where the issues are so that they can make a decision as to where they should make enhancements. They are aware of a few intersections in particular where work is needed. They are trying to do away with putting lines in the streets if they are not ultimately needed.
“And you don’t think we have to have them on the causeway?” wondered Mrs. Grueterich “where it is so easy to be run off the road because there is no light.”
The Chief suggested that if they painted the yellow lines there, and then residents crossed over them, they would have to be ticketed for that.
“I’ll take that chance,” responded Mrs. Grueterich.
Trustee Gluck reiterated that part of Mrs. Grueterich’s complaint had to with night driving in particular, when it can be difficult to navigate the black asphalt without drifting, when there is no line down the center of the roadway.
The Chief suggested that they might be able to put hash marks there instead of lines and agreed that he would look into it.
Superintendent Voss noted that if they were going to do any paint striping they would need to get together and make plans ASAP as the cold weather is quickly approaching. After some further discussion it was agreed that this would be done and that somebody would follow up with Mrs. Grueterich in the next couple of weeks to let her know what would be happening.
Nancy Hays commented that she had noticed that there seem to be a lot of lights out at intersections throughout the Village.
Chief Melchiore stated that during the midnight shift officers checked the streetlights, recording which ones were out so that they could in turn make a report to Orange and Rockland. The Village utilizes special bulbs in their lights, which need to be ordered.
Mr. Ledwith responded that he had ordered the bulbs the week prior.
It was agreed that Mrs. Hays would make note of which intersections were dark and inform Mr. Ledwith so that they could make sure the bulbs were changed.
Building Department & Code Enforcement:
To view a copy of this report, click here.
With regard to the Police Booth, Mayor McFadden inquired as to what the general consensus was in terms of replacing the Town of Tuxedo sewer main that runs underneath the site.
Mr. Ledwith informed him that the general consensus seemed to be that although the pipe has never been a problem, replacing it was the right thing to do. The pipe is 20 feet in length.
Public Comments:
Dena Steele reported that the Eagles nest on Eagle Mountain had failed early this year. There were two chicks in April, but by May there were none. The DEC is aware of this. It is not unusual for a nest to fail. She noted that the only difference between the last year and this year was that there are now active trails on both sides of the mountain. Also, there have been both owls and osprey spotted in the area, which could have something to do with it.
Claudio Guazzoni commented that since 2012 he had been working in an effort to get the Village tax roll posted to the Village website. New York State law mandates this. Every four to six months he has attempted to contact the former Village tax assessor, but to no avail. This is a project he was working diligently on when he was a Board member and he wondered whether the Village was going to move ahead with it as they were still in violation of New York State Law.
Pointing out that Mr. Guazzoni had been in charge of the Village website during his term as Deputy Mayor, Mayor McFadden inquired as to why he had not posted the information during that time.
Mr. Guazzoni responded that he had met resistance from the former Assessor, who refused to provide numbers.
The Mayor commented that he wished Mr. Guazzoni had brought this issue up while Mr. Ledwith had been present.
‘The former Tax Assessor did not work for the Trustees. He worked for the Mayor, and he brought resistance to the Mayor” responded Mr. Guazzoni.
“We will be commenting on that later, thank you,” replied Mayor McFadden.
Jim Hays reported that there is a researcher at Cornell University who has been doing extensive and rather promising research on growing predators that will eat the woolly adelgid. Woolly adelgid have been attacking hemlocks in the Village, while many property owners have been able to treat this and save the trees on their properties, those located in the forest are being killed. Mr. Hays has volunteered to work with the research group here in the Village and if the research is successful, the Village might have the opportunity to be on the front lines of it and this will help to bring back the hemlocks.
Next, Mr. Hays inquired as to where the Board stood on Airbnbs in the Village.
The Mayor responded that they had not discussed it, but they would be happy to do so. He suggested that they take comments from the audience and then table the issue until the next meeting for further discussion.
Claudio Guazzoni commented that his wife ran a 30+ days, long-term rental Airbnb property in New York City. He feels that in cities such as New York or Paris or Seattle or San Francisco, Airbnbs are wonderful but they do not belong in Tuxedo Park. Claiming to have been one of the founders of both HomeAway and Airbnb , he suggested that allowing such establishments in the Village would “ruin the fabric of Tuxedo Park.”
Moving on, Mr. Hays asked if the report on the survey of Eurasian Milfoil had come back from Solitude Lake Management yet.
The answer was no.
Michele Lindsay reported that the Town Board had held a public hearing on the waiver requests from Tuxedo Farms on September 25. There will be another workshop in the near future. Currently, the Town consultants are working on some issues in order to prepare the various Boards for that meeting following which, there will be more time for public comment. She stated that at the previous meeting the Trustees had indicated that they were going to put together a letter regarding this for submission to the Town Board and she wondered if they required any assistance with that process.
Mayor McFadden responded that they had not been able to reach a consensus, but he would be happy to discuss it further with the Board members over the next several days and follow up with her.
Trustee McHugh asked Mrs. Lindsay to speak to the general conclusions of the consultants to date, further adding that his sense had been that they seemed to have a different opinion than the Board.
Mrs. Lindsay replied that the individual Board members had not weighed in with their opinions as of yet. The consultants met with the Architectural Review Board and based on this meeting the ARB issued a letter stating that they would vote against the vinyl siding waiver. Currently the consultants are working on some issues having to do with the newly proposed parking before they schedule the next workshop meeting.
David duPont added that the waivers also pertain to the housing mix and more specifically what will be built first. He feels it is fair to say that in general, Related seems to be trying to “dumb-down” the existing Special Permit so that the property will be more salable to a larger group of potential builders. He further stated that he did not believe it was the Town Board’s job to dumb-it-down in order to help Related with any future sale.
Dena Steele wondered whether the vote on these waivers would occur before or after the Town elections.
The answer was after. Mrs. Lindsay further informed the Board that there were three candidates vying for two open positions on the Board. They are Ken English, David McMillan, and Rich Rigoli Dave McMillan currently holds a seat and is running for re-election. The other seat is being vacated by Cliff Loncar. The election will be on Tuesday, November 7 and Mrs. Lindsay encouraged people to read all of the campaign materials and to obtain absentee ballot applications if there was any chance that they might be away. These are available at the Orange County Board of Elections website.
Mayor McFadden asked Mrs. Lindsay if she could briefly address anything that might be happening with the IGA building.
Mrs. Lindsay responded that the Hamlet LDC, of which she is a Board member, is currently finalizing the application and Mr. Bruno is being kept up to date as to all the things that he needs to do in order to get ready to apply for funds. They are hopeful that this will be completed in the next day or so. The County has given Mr. Bruno property tax abatement for 10 years and he will also receive a sales tax exemption for anything that he purchases for that building.
Mrs. Lindsay then asked the Mayor where the Village stood with regard to the under ground wires which were possibly going to be re-routed through Augusta Place.
Trustee McHugh responded that nothing had been pursued since the Village election. It was agreed that they would look into it.
Bryna Pomp inquired as to what was going on in the Town with all the construction cones.
Mrs. Lindsay responded that there were new sidewalks being installed. The Town applied for a grant to make sidewalk improvements and instead of awarding the grant, the State decided to include these improvements along with the repaving of Route 17. To this end there will be new sidewalks installed in front of the Ambulance Corps as well as enhanced street crossings, which will entail blinking lights by the school. The Town has also reached out to the Department of Transportation with regard to remedying the situation at Duck Cedar Plaza, where there was recently a fatal accident. The DOT has been in touch indicating that they are meeting to discuss options and will communicate these with the Town ASAP. Currently, there is a double yellow line there, which means that vehicles are not supposed to turn left, although everybody makes the turn anyway.
David duPont noted that part of the issue was the 55 mph speed limit there, and suggested that one of the things they could do was to maintain the 35 mph limit to the intersection with 17A.
Mrs. Lindsay agreed with this.
The Mayor then thanked Mrs. Lindsay for regularly providing the Board with Town updates.
Dena Steele inquired as to the status of the “diet lane” that had been under discussion and whether this was still a viable thing.
Mrs. Lindsay informed her that this was something that would be happening in Sloatsburg and that Tuxedo was not currently considering it.
Old Business: Lakes – Trustee McHugh reported that the milfoil study had been done with a formal report expected either at the end of October or early November. CSLAPS completed 8 samples. Harmful algae blooms were discovered on Pond #3 on two different occasions. With regard to a chemical treatment there, the Village did not receive the proper permitting until late in September at which point Solitude determined that the effectiveness of a treatment would be 50/50 and therefore advised that the Village wait until the springtime. They will therefore reapply for the necessary permits in April. CLSAP data will be provided to Solitude, who will analyze it and then hopefully attend the next Trustees meeting where they will give a presentation on the data for this year and also look at the trend analysis of what has occurred and what is continuing to occur. AE Diving is continuing their vacuuming harvest on heavily trafficked areas in Tuxedo Lake. Lastly, the Village will be matching the Tuxedo Club in stocking Tuxedo Lake with lake trout in the fall through a DEC sanctioned hatchery. The Mayor commented that this particular item would be discussed later in the meeting as well.
Dena Steele wondered whether a milfoil update would be given at the same time as the CSLAP analysis.
The answer was yes.
Wee Wah Dam – The dam project has been underway for 4 months and is 40% complete. The Village has spent $1.5 million to date. There is an ambitious plan in place for the next three months and if everything goes according to schedule, depending on the weather the project will be 90% complete by the end of the year. There have been a couple of issues to date. One had to do with a knife gate valve at the north end of the dam. This is the largest ticket item in the entire project, running at around $110,000. The issue has been resolved. Currently they are putting in the service spillway. 8,800 lb pipes have been installed and will be buried in cement within the next week. Excavation has begun on the west side of the dam and the rebar is being installed in preparation for the cement pours, of which there will be three. The Board of Architectural Review has reviewed granite samples and voted 4-1 in favor of Hillburn Granite in terms of matching the existing stonework. A mason has been chosen and they will begin installing the stone on the east side of the wall. With regard to the work on Pond #3 there was a 2-month delay with the piping as a result of the storms down in TX, so some changes were made and excavation has begun. Residents should notice some pretty dramatic changes from Pond #3 into the Wee Wah.
The Mayor noted that many residents had inquired about the water level in Tuxedo Lake, wondering if the lower levels had anything to with the work on the Wee Wah dam. The answer is no. The lower levels are the result of the lack of rainfall.
Public Comments:
Grant Writer Fred Rella reported that the Village had received the fully executed agreement back from DASNY, which will enable then to claim $100,000 in Grant money towards the dam. This is a process that was begun by the last administration. The Village will have the money by the end of the year.
They have also submitted the Justice Court Assistance Application for new wooden benches for the Village Hall as well as some other business equipment. Mr. Rella advised that they should hear back on this just before Christmas time.
The Village was awarded a grant for license plate readers to include set-ups for three vehicles. Printers, scanners and mount are ready to picked up. The Village will have to reapply for their Tree City USA status and Mr. Rella will be preparing the necessary paperwork for signatures. Referencing the earlier discussion regarding street lighting, Mr. Rella stated that O&R has come out with some pretty innovative programs, which he will discuss with John Ledwith. There followed a brief discussion regarding the streetlights and the necessary light bulbs. David duPont suggested that the Board contact Peter Regna, who has an in depth knowledge of the history of the Village lighting situation.
Meg Vaught inquired as to when residents could expect to see a functioning booth at the front entrance of the Village.
Trustee McHugh responded that he could not speak to when the booth would be seen, however the Village had already gone out with regard to concrete work and excavation and he felt that a pad would be done in November. Although it will not be a finished product, Village residents can expect to see the foundation soon.
The Mayor added that the Village was a bit behind where they had hoped to be at this point, but now that Mr. Ledwith was back in his position they hoped to make up as much time as possible.
Trustee Gluck inquired as to the timing on the required resolution for Tree City USA.
It was determined that this could be handled next month.
Michele Lindsay wondered whether or not the replacement of the pipes underneath the site for the booth could be coordinated with the burying of the wires as discussed earlier.
It was agreed that Trustee McHugh would look into this and report back.
New Business: Publication of Assessment Rolls- Trustee Moon reported that the Mayor had asked him to look into the publication of tax assessment rolls. Eight years ago the Government passed a law requiring every town and village with a website to electronically publish their tax assessment rolls. The Village is out of compliance with this statute. The Town, however, is in compliance. Therefore, tax assessments for the Town are on the County website, but not for the Village. Trustee Moon has approached the keeper of the electronic version of the tax rolls and he has provided the rolls to the County. The County can now publish them if authorized and then the Village can link to this from their website. If they do not wish to do this, they can post the information themselves. Following a brief discussion it was determined that they it would be easier to link to the assessments on the County website from the Village site and the Board voted unanimously in favor of doing so.
Fish Agreement With the Tuxedo Club – The Village has reached an agreement with the Club to match their stocking efforts with Sunnies in the spring and trout in the fall. The Village is now in receipt of a letter from the Club seeking permission to move forward with their portion of the stocking. The Board was in unanimous agreement that this should be allowed.
Other Comments-
Mr. Guazzoni commented that 2 ½ miles away there existed Sterling Lake, which was very similar to Tuxedo Lake although a little deeper. There is no milfoil there and it is free of algae. He suggested that the Village might want to consider using Sterling Lake as a control.
Mayor McFadden noted that this lake was located in a State park and not a residential area, which meant that fertilizer was not an issue. Additionally, boating is not permitted on Sterling Lake. These two factors contribute significantly to the milfoil issue in Tuxedo Lake.
Dena Steele inquired as to whether Tuxedo Lake was being stocked for sport purposes.
The answer was that the stocking is done for a combination of reasons of which sport is one. It is also done as a form of bio-manipulation.
Jim Hays wondered exactly what the fish would do for the lake.
It was agreed that they would ask Solitude Lakes Management to speak to this during their upcoming presentation.
Halloween in Tuxedo Park is one of our best traditions. The residents on Clubhouse Road, Tower Hill Road, and the surrounding area have hosted our trick or treaters for years. Halloween would not be possible without their generosity and commitment to the community.
This year, Halloween falls on a weekday which means that many of the children who have weekend homes will not experience our great tradition. Therefore, this year the Village will oversee two Halloweens – Saturday and Tuesday. Of course, some of our usual hosts will not be able to provide tricks or treats on both evenings. However, we have been told that there will be enough hosts participating each evening to make it fun for all.
The Village Police block off traffic to Clubhouse Road and keep our trick or treaters safe. They will do so Saturday and Tuesday. We have commitments from parents to kindly and gratefully cover 100% of the cost if there is overtime associated with adding this extra shift. If this experiment is successful it may become a tradition. We will leave that decision up to you and future Village Boards. There are several other fun Halloween events taking place Saturday in the Park and Town. Why not attend as many possible. I don’t think your kids will mind filling up their candy bags to the brim! Thank you and have a great Tuxedo Park Halloween experience this year.
Agenda for Village Board of Trustees Meeting October 18 2017
1. Call to order
2. Pledge of Allegiance
3. Roll Call h 4. Mayor’s Comments 5. Reports
• a. Police - Chief Melchiorre
• b. DPW – Jeff Voss
• c. Building Dept. & Code Enforcement – John Ledwith 6. Public Comments 7. Old Business
• a. Dam
• b. Traffic Booth 8. Public Comments 9. New Business
• a. Publication of Assessment Rolls 10. Village Vouchers 11. Approve Minutes 12. Adjourn to Executive Session to discuss collective bargaining negotiations and to discuss pending and proposed litigation 13. Re-enter Regular Meeting 14. Adjournment
Village Board of Trustees Meeting September 13, 2017
The Village Board of Trustees met on Wednesday, September 13 at 7pm. All members were present.
Elizabeth Ewing- Halloween Request:
8-year-old Village resident Elizabeth Ewing read aloud a letter she had written to the Board in which she requested that they consider moving trick-or-treating from Tuesday, October 31 to the Saturday prior, October 28. She reasoned that Halloween 2016 had fallen on a Monday night and because it was a school night, there were not as many children out and about. She believes that moving the festivities to a Saturday night would allow for more children to participate, including weekend residents. She further reported that she spoken to many of the families on the main trick-or-treat route, and they were in support of the idea. She suggested that perhaps the Village could try the date change for one year and see how it worked out.
Trustee McHugh wondered whether Ms. Ewing had spoken with residents living on Club House Road.
Ms. Ewing replied that she had spoken to 10 of these residents (adults) and they were all supportive.
Trustee Moon thanked Ms. Ewing for her presentation, further commenting that he felt it was a terrific idea.
Mayor McFadden concurred, commenting that he supported the idea and provided there were not objections from the Trustees, the Village would reach out to residents and ask them to go along with it.
The Board unanimously voiced their support for this plan.
DPW Report:
DPW Superintendent Jeff Voss reported that the department had been busy preparing many of the roadways for chip sealing, which actually began earlier that day with Ridge Road and a portion of East Lake Stable Road as well. There are 5 or 6 other roads that will receive the treatment next week. They also did some “reclaiming” of roadways (grinding up) including 800 feet of Mountain Farm Road at Ivy Road and a portion of Circuit Road from the phone building to its intersection with Tower Hill. This is the only way to repair the base of these particular roads. The process involves grinding the road 6 to 8 inches deep and spraying the base with calcium chloride to bind it back up, before paving over the repaired section of road. Although the section of Mountain Farm Road in question only serves a few residents, the DPW found they were unable to service it in the wintertime due to the damage and therefore, the repairs were necessary. They anticipate being done with the project in 2-3 weeks.
Trustee McHugh asked Superintendent Voss to address a concern expressed by Jane Garofano with regard to the appearance of frivolous roadwork in different areas and more specifically the basis for which the DPW determines which roads need to be repaired.
The Superintendent responded that this piece of road had been in such terrible shape that the only option they had was to repair it. He further commented that he had spoken directly with Mrs. Garofano and he believed she had a better understanding of the situation now.
Trustee McHugh added that Mrs. Garofano had expressed concern that, given the condition of many of the other roads in the Village, the DPW might be wasting Village money by making costly repairs to a road that only services two homes. He reiterated the Superintendent’s assessment, which was that at a certain point it had become impossible for snowplows to service the road and therefore the maintenance had to be done.
“Things are so bad everywhere” commented the Mayor, “you just have to hit the worst stuff first….until we have a long term plan.”
There will be an outside contractor coming in to do some paving throughout the Village as well.
Mayor McFadden asked Superintendent Voss if the Department was on track with their paving budget.
The answer was yes.
Some cleanup work on the Wee Wah Beach Club and DPW properties has been completed. There were several fallen trees as well as some other debris that needed to be removed.
Police Report:
On behalf of the Police Department, Chief Melchiore presented the following for the month of August:
Non-Criminal Complaints – 317
Criminal Complaints – 1
Motor Vehicle Accidents – 3 (property damage only)
Uniform Traffic Tickets Issued – 16
Fire Alarms – 2
Intrusion Alarms – 5
Medical Calls – 1
Vehicle Tags Issued – 1, 045
Additionally, the Chief reported that approximately 1,300 vehicles entered the Village via the Front Gate per day.
The DPW cleaned the department’s rear parking lot, which is located behind the lodge building and accessed via Nursery Road. The Chief thanked the Superintendent for this work, commenting the prior to the effort, the lot had been a muddy mess and now there were 7 striped parking spaces there.
Building Report:
There was no Building Report.
Committee Reports – Dam Construction – Trustee McHugh reported that the Village had been conducting biweekly meetings with their engineer (CHA) and the contractor. The project is 30% complete. The next real noticeable effort will be the insulation of the parapet wall. Footings have been dug on the east side of the dam, where they have begun to tie in the rebar. There has been a request in that they wondered whether the Village would be willing to show some flexibility with regard to hours. Currently they are working 7am-4pm Monday through Friday, but they would like to extend these hours to 5:30pm while also allowing for occasional Saturday work from 7am-3pm. The Saturday work would be conditional upon the agreement that no heavy equipment would be used and that the work would be exclusive to the Wee Wah Dam, with no disturbance on the road that runs between the Wee Wah Lake and Pond #3. Trustee McHugh believes they are hoping to utilize the Saturdays tying in the rebars, which is minimally disruptive in terms of noise. CHA would sign off on all Saturday work, as they would not necessarily be present to provide oversight on the weekend. The Village will also be notified when and if Saturday work is going to occur.
Trustee Gluck wondered if they could allow the extension of hours contingently, with some flexibility to curtail it should things not work out.
It was agreed that this could be done.
Following some further discussion, Board voted unanimously in favor of approving the extended hours.
Tree Advisory Board – On Behalf of TAB, Chiu Yin Hempel presented the Board with a report outlining bot the work they have completed on the Race Track thus far as well as their intentions for the coming months. There are a lot of exciting things going on!
To view a copy of this report, click here.
The Village Lakes – Trustee McHugh reported that Solitude Lakes Management completed a survey of Tuxedo Lake for Eurasian Water Milfoil three weeks ago. Survey results are expected in late October/early November. The CSLAPs program is ¾ completed for this year. Sue Heywood has been extremely helpful with this process, as has John Bello. Trustee McHugh and the Deputy Mayor met with Solitude Lakes Management on Friday, September 8 to discuss the use of chemical treatments in the Wee Wah and Pond #3. The Village went through the permitting process with the DEC, however, by the time the permits came through they were concerned about whether or not they would achieve optimal results, since many use the lakes at the end of August/early September. After discussing this with Solitude, they have decided not to move forward with an application this year but rather to wait until the spring of 2018. AE Diving is continuing with their vacuum harvesting of Milfoil in Tuxedo Lake. In some of the heavy traffic areas such as around both the Tuxedo Club and the Village Boat Club, they have noticed a significant reduction in milfoil after last year’s vacuum harvesting. There has unfortunately been a massive increase in growth on the west side of the lake, running from Duck Hollow all the way down to the Yassky property. In looking at the Tuxedo Lake Dam, they encountered an abundance of other growth, which made it difficult for them to properly harvest the Milfoil, so they have decided to concentrate their efforts on the west side.
The Mayor commented that the Tuxedo Club rented a lot of boats but they do not seem to provide any sort of map or guidance with regard to where the heaviest patches of Milfoil are located. He feels that all boat owners should have some sort of lake diagram, letting them know where the trouble spots are.
Trustee McHugh responded that they had buoyed off the high risk areas last summer however he was not sure that people had followed them. The basic rule of thumb is that boaters should stay 50 feet away from the shoreline.
Deputy Mayor Gluck added that they could also speak with the Boathouse staff and ask them to help educate boaters.
Audit Committee – The Books have closed on the last fiscal year. The auditors will be visiting with the Village Clerk over the next two weeks. A final audit along with a report should be ready in advance of the next Trustees meeting. Trustee McHugh further noted that this was a new auditor who had been brought in, so with new eyes looking at everything the report should be quite thorough. With regard to the comptroller’s office, there were four errors on which they were doing a “deep dive.” These include the Water Department, Purchase & Procurement, IT and Segregation of Duties. They will be providing an oral presentation to the Mayor at the end of October with a written report to follow in early November. The Village will then be given the opportunity to respond before the final draft is issued at the end of December.
Grant Writer – Grant Writer Fred Rella commented that the month prior Judge Hasin had spoken to a grant opportunity for New York Courts called the Justice Courts Assistance Program. This is an opportunity for each court to receive secure up to $30,000 for the purchase of security equipment, office supplies and other day-to-day operational materials. While most grant opportunities require the applicant to spend money and then get reimbursed, this particular grant does not require that and once it has been awarded, a check is sent. Mr. Rella met with the Court Clerk and they are working together to establish a list of items (filing cabinets, date stamps, a shredder etc.) but of particular note is one major item and that is the seating. According to judicial guidelines the folding chairs that are in the courtroom currently are not appropriate because somebody could easily pick one up and throw it, using it as a weapon. They have been looking a various options for attached chairs, but the suggestion of installing benches has also been made. They like the idea of the benches and feel that it would also be in keeping with the style of Tuxedo Park. The application is due on October 12 and must be accompanied by a Board resolution.
Following some minimal discussion, the Board voted unanimously in favor of approving submission of the JCAP application and the signing of all necessary, associated paperwork.
Public Comments:
Young Village resident Ari Ehrlich read aloud a speech he had prepared for the Trustees with regard to the state of the Wee Wah Beach Club. After having made a recent visit, he feels that the conditions there are “atrocious, unsafe and just not fun.” He was extremely disappointed when he attempted to visit the Club over the summer and discovered that the water was extremely low and the lake was filled with milfoil. The play sets on the property were broken and he encountered giant wasps as well. He has a lot of positive memories of the Wee Wah Beach Club and is hopeful that by summer of 2018 things can be restored.
Trustee McHugh explained that the dam project would be completed in time for the Beach Club to open in the summer of 2018. The lake levels will be elevated as we come into the fall of this year, although they are hoping this doesn’t occur to quickly and that there is a harsh winter because cold temperatures could help to kill off some of the milfoil. They are also petitioning the DEC to do chemical treatment on the Wee Wah, which should also help to take care of the milfoil. They have also been looking at installing mats in the swimming area so control the problem. With the water levels back up to their historic level, swimming should definitely be possible and the diving board will be back in action!
The Trustees then unanimously agreed that they supported the restoration of the Wee Wah Lake.
Jim Hays commented that milfoil was clearly an aggressive weed and the Village is aware of this fact. He recommended that all boaters on Tuxedo Lake should equip themselves with pool skimmers and when they see floating fragments of milfoil, they skim them up, put them in a plastic bag, bring them home and throw them away. Every single fragment can result in a new plant! The more the fragments that are collected, the fewer plants will grow.
Next, Mr. Hays announced that Michele Lindsay had asked him to report that on September 25 at 7pm there would be a public hearing on a change in building mix as well as a change in building materials “from wood to plastic” for the Tuxedo Farms development. Pertinent information can be found on the Town’s website. This will be an important meeting.
The Mayor inquired as to whether or not Mr. Hays had seen the material samples that had been erected and if so, what his thoughts were.
Mr. Hays responded that he had seen them and he felt they were awful. “They’re really bad,” he stated.
Mayor McFadden agreed. “Yeah, they are really bad.”
“It’s flimsy,” Mr. Hays continued.
“Somebody told me that when they were opening it, they knocked it down,” commented the Mayor.
“You can pull it out. I don’t know how they insulate this stuff, but I think it’s really bad,” responded Mr. Hays, reiterating that this was his own personal opinion.
“This is your last chance to make your voice known,” stated Nancy Hays.
Noting that the Deputy Mayor and Trustee Moon were the official Liaisons to the Town, Mayor McFadden inquired as to whether either of them had been able to attend any of the recent Town meetings focused on the proposed changes.
Deputy Mayor Gluck responded that he had been at both the 9/11 Town Board meeting and the 9/12 Town Planning Board. He believes the Planning Board is poised to approve Northridge and that they are just waiting for the Town Board’s approval, which will be based on the outcome of the public hearing. The opportunity to let the public officials in the Town know that the appearance and the quality of this project is important is between now and September 25. He urged everyone to visit the Town website and review the materials and also to look at the material samples that have been erected on the developer’s property. The material “mock up” is located right where the Applewood kennels used to be.
Town Councilwoman Michele Lindsay added that if anyone had any questions that should feel free to contact her in order to make sure they had all the materials necessary to form an opinion. Speakers will be allowed three minutes to comment during the hearing and while the Board will not provide any answers at that time, the comments will be taken into consideration.
Mayor McFadden asked Councilwoman Lindsay what her general opinion was.
Councilwoman Lindsay responded by more clearly explaining what the proposed changes are. With regard to the bedroom mix, she stated that where they had originally planned for 2 and 3 bedroom apartments they were now looking to build primarily 1-bedroom units, with a smattering of 2-bedroom and no 3-bedroom apartments. In order to maintain the same number of bedrooms within this section of the development, they are taking the bedrooms that they removed from the apartments in Northridge and adding them to their proposed townhouses in another area. Where they were previously proposing 2-bed room townhouses, they are now proposing 3 and 4-bedroom townhouses instead, thus doubling their density.
“That’s a big concern,” noted Mayor McFadden.
Councilwomen Lindsay went on to note that while it was not technically a waiver to the special permit, the developer was now classifying the road loop around the Northridge apartments as a driveway and they have eliminated garages so that people living in the apartments will have to park on the street. At the Planning Board meeting the night prior, they suggested that some residents would have to walk as far as 1,100 feet from where they park to the door of their residence.
“The sale-ability, the so-called ‘luxury aspect’ is in question,” she noted.
Deputy Mayor Gluck asked for confirmation that phase 1 would include 180 1-bedroom apartments and that these would be built first.
Councilwoman Lindsay responded that included within that number there were also some 2-bedroom units.
"The downside is incredible if things should go wrong, “ cautioned Trustee Barnett. He further suggested that it was going to start impacting the Town quite soon when the bond payments become due from the Hamlet for the sewage treatment plant.
Councilwoman Lindsay responded that for the sewer bonds, which issued by an LDC, they had capitalized the interest through November 2018.
“By mid 2018 the Hamlet will be paying, as I understand it, interest on sewer bonds for a sewer that is not functioning because it hasn’t got sufficient volume to function. Am I right?” inquired Trustee Barnett.
Councilwoman Lindsay responded that they were hoping that there would be enough built to open the sewer prior to November2018.
Trustee Barnet observed that for the most part the response from people in the Village had been very individualized and had not been recognized or taken seriously by the Town Board. He wondered if there was anything they could do to help.
The Mayor responded that he felt they could write a letter, provided they could obtain majority, representing a particular viewpoint, which they could then share with the Town Board. The Village has been successful with this approach in the past. He further noted that he would need to be educated by Councilwoman Lindsay and the Town Liaisons as to which direction they should be taking. “The materials are obviously extremely important, but so is this mix of bedrooms,” he stated. He suggested that the liaisons communicate with the Town and then come back to the Board with specific recommendations from which they could draft a letter to be circulated amongst the Trustees for review.
Trustee McHugh inquired of Councilwoman Lindsay as to what the Town Board’s view of the changes was.
Councilwoman Lindsay responded that it was hard to tell. “Some people are keeping it close to the vest,” she noted, adding that others had expressed their concerns in public.
Trustee Moon wondered which configuration of bedrooms would be most conducive to adding school children to the district.
ouncilwoman Lindsay responded that she would have thought 2 and 3 bedroom apartments, but the developer had reduced the number of these kind of units dramatically.
“Is it a question of timing?” asked Trustee Moon. “This would produce school children later in time?”
“Yes,” responded Councilwoman Lindsay. She further noted that they had attempted to get some information as to when the Townhouses would be built, as these were the units with 3 and 4 bedrooms and therefore the most likely to attract families with children but had not been able to get any solid information. The Developer is claiming that the new configuration will add 36 school children to their original estimate for Northridge, but all they are committing to do initially is to add 18, primarily 1-bedroom apartments, which will add very few children. They have not committed to building the proposed town homes as part of the initial phase.
Joanne Hansen commented that the analysis the developer had presented, in which they estimated an increase of 36 children, included the apartments and the town houses, however they made no commitment to build the town houses. She feels the Town is between a rock and a hard place as Related is coming back to them and suggesting that they can only rent the 1-bedroom apartments as there is no demand for 2-bedrooms and developers are balking at the quality of the school district.
Meg Vaught noted that Andrew Dance had repeatedly stated that the reason for the proposed changes was that the market demanded them. She asked Councilwoman Lindsay whether or not the Town Board had seen any market studies to support these claims.
The answer was no, although it has been requested.
“They say that the studies show that they will be adding children….but what studies?” inquired Chiu Yin Hempel.
Ms. Hanson noted that an analysis had been done with the developer and the Town Planner and that this had provided them with “the right answer” which was 36 more school children and a tax-positive situation.
“Based on what?” responded both Mrs. Hempel and Mrs. Hays.
Ms. Hanson agreed that this was a good question
Mrs. Hempel stated that she had seen trailer homes better constructed than the sample they have created with the proposed materials. “It’s absolutely incredible. You should see it!” she exclaimed. “The siding looks like reinforced venetian blinds! Google trailer or mobile home construction material,” she advised.
“and they are contending that the price hasn’t changed,” added Ms. Hanson.
Following some further discussion it was agreed that the Board would put together a letter to be submitted to the Town Board and that they would send a representative to read this letter into the record during the public hearing. The Board then voted unanimously in favor of authorizing Mayor McFadden to sign such a letter.
Old Business: Village Email Migration Vendor – the Village has been talking about doing a migration from their Google account to a proper Government e-mail account. To this end, they went out and solicited some prices and this information has been shared with the Board along with a disclosure letter from the Mayor since one of the bidders is the company he uses for his own business. The Mayor commented that he would be glad to recuse himself from the vote if the Board felt it was appropriate.
He further reported that as part of the due diligence he had contacted both the Tuxedo Park School the Village of Sloatsburg in addition to their own IT person in order to obtain a list of reputable names. The point of the migration is to move from a system that does not meet government standards for storage or transitions among other things. It would be the first step in an overall IT upgrade for the Village, however this portion pertains only to the email migration.
He then inquired as to whether or not anybody felt he should recuse himself.
The answer was no.
There followed some discussion after which the Board agreed to table the issue, which would allow the Trustees enough time to gather their questions and figure out a way to compare the bids, emphasizing that it was something that they were ready to move on but that they felt it was important to do it right.
Public Comments:
Meg Vaught asked for an update on The Booth.
Trustee McHugh responded that they had been working with the Village Engineer and their architectural firm and are specking out the new booth based on the 1990 drawings. They are nearly finished with the scoping of this. They had hoped to go out to bid, however the change in the Trustee meeting date precluded them from doing this. Essentially, they are “doing a deeper dive” and getting a cost analysis, similar to what they did with The Keep, so that they can have greater comfort that they are not going to be faced with a $400,000 bid. They are also going to try and triplicate it and go out to bid in different areas…HVAC/Electronics, concrete and framing. They are working within these types of confines to get the cost as low as possible but at the same time achieve “the biggest bang for our buck.” The preliminary drawings have been shown to the BAR but they have not been back for formal review. He is hopeful that in a weeks’ time they will be able to schedule a special meeting for the purpose of moving forward with the bids.
The Mayor wondered whether it would be possible to authorize the Mayor to approve the bid based on Trustee McHugh’s approval of the package in an effort to avoid the need for a special meeting, but ultimately it was agreed that the entire Board would like to review the bids before are issued.
Mrs. Vaught then wondered when residents could expect to see the booth constructed.
Trustee McHugh responded that he was hopeful that it would be in place by the end of 2017.
Christopher Gow wondered whether there had been any issues with the current entrance configuration and if the Board had reconsidered their plans to reconstruct the booth.
“No,” responded the Mayor. “We are forging ahead. Committed…in bed…to the mattress.”
Mr. Gow wondered why the Village was spending the money on the booth if they current system was working as it is.
Mayor McFadden responded that they had decided to move forward with it because the majority of people in the Park wanted to see the booth rebuilt. It was an election issue and they feel it is important to follow through on it. Of course, if there was a big opposition to it they would reconsider, but there has not been any opposition thus far and they have been very up front with regard to their plans to rebuild.
Robin and Steve, who identified themselves as new residents who were living in Sue Heywood’s old house, inquired as to what the project would look like and where the booth would be located.
Mayor McFadden explained that the existing pad would be lengthened a bit to make the interior more comfortable but the booth itself would be the same façade as what was previously there. “It’s the old booth with a nicer haircut,” he commented further explaining that there would shingles and a stone finish, but nothing too fancy. They estimate that the cost will be $150,000 or less. This does not include the equipment that will be installed within. They are considering looking very seriously at putting as much high tech equipment in there as they can in order to make the process better for everyone. It will have sliding, bulletproof glass windows so that residents can speak to the traffic guards within.
Trustee McHugh added that it would be 7ft long and 11 feet wide with wheel chair accessibility at the back. Unlike the old booth, which only had an access window on the entry side, the new structure will have a window on both sides, which will allow people to stop on their way out of the Village as well. Security will be the biggest upgrade will bulletproof glass, reinforced walls and a new concrete pad. He further that contrary to Mayor McFadden’s suggestion that there would be a sliding glass window to allow for direct communication with the guard, he felt there might be an intercom and teller-style drawer instead. The goal is to have the concrete poured sometime in November, after which the project should move pretty quickly.
Mr. Gow inquired about the power lines.
Trustee McHugh responded that there had been a lot of discussion about a mysterious donor who was supposedly going to pay to redirect the lines. “We’ll leave it there,” he finished.
New Business: Authorize Bidding for #2 Fuel- Following some discussion, the Board voted unanimously in favor of authorizing bid documents, similar to those that were previously issued, with a bid opening date of October 4. As the current contract expires on September 30, the Board also voted unanimously in favor of authorizing the Mayor to contact the current vendor to extend the contract for one month.
The Board then adjourned into an executive session to discuss matters that may lead to the appointment and/or employment of a particular person, to discuss collective bargaining negotiations, to discuss an employee matter, and to discuss pending litigation.
Other Business:
Upon re-entering the public session, the Board voted in favor of hiring of Max Sirrine, as a full time police officer, to replace Jim Ascione who retired earlier this year.
They also voted in favor of authorizing John Ledwith’s employment as building inspector/code enforcement officer and his engagement as a consultant relating to areas of his prior employment.
Agenda for Village Board of Trustees Meeting September 13, 2017
1. Call to order
2. Pledge
3. Roll Call
4. Police, DPW & Building Reports
5. Committee Reports
a. Dam Construction
b. Tree Advisory Board
c. Grant Writer
6. Public Comments
7. Old Business a. Village Email Migration Vendor
8. Public Comments
9. New Business
a. Authorize Bidding for #2 Fuel Oil
10. Adjourn to executive session to discuss matters that may lead to the appointment and/or employment of a particular person, to discuss collective bargaining negotiations, to discuss an employee matter, and to discuss pending litigation.
11. Re-enter Regular Meeting
12. Village Vouchers
13. Approve Minutes
14. Adjournment
And any other matters that may come before the Board.
The Village Board of Trustees met on Wednesday, August 16 at 7pm.
All members were present.
Highlights of the meeting included an update on former Village Building Inspector/Tax Assessor John Ledwith, whom the Trustees are hoping to rehire in the near future, and confirmation that the Village will be moving to reinstitute the position of Gate Guard in a newly constructed traffic booth, the plans for which are moving ahead at full steam.
Updates on the Village Lakes as well as the ongoing construction at the Wee Wah Dam were also given.
To listen to this meeting in it’s entirety, click here.
Village Board of Trustees To Hold Special Executive Session Meeting Prior to Start of Regular Meeting August 16
1. Call to order
2. Pledge
3. Adjourn to Executive Session for the purpose of a discussion regarding matters leading to the employment of a particular person.
4. Reopen Regular Session
5. Adjournment
Agenda for Village Board of Trustees Meeting August 16, 2017
1. Call to order
2. Pledge of Allegiance
3. Mayor's Comments
4. Judge Hasin Introduction
5. Police, DPW & Tuxedo Lake, and Building & Dam Reports
6. Appoint Part Time Police Officers
7. Water Department Update
8. Fire Department Request
9. Public Comments
10. Old Business Police Contract Traffic Booth
11. New Business Village Email Migration
Resolution Regarding Return of Records
12. Public Comments
13. Approve Minutes
14. Village Vouchers
15. Adjourn to Executive Session for the purpose of a discussion regarding matters leading to the employment of a particular person.
16. Adjournment
And any other matters that may come before the Board after this agenda is posted.
Village Board of Trustees To Hold Special Meeting August 7, 2017 7:30pm
The Village Board of Trustees will hold a special meeting this evening at 7:30 p.m. for the purpose of adjourning to Executive Session for the purpose of a discussion regarding matters leading to the employment of a particular person.
The Board of Trustees met on July 13, 2017 at 7pm. Trustee Moon was absent.
New PT Police Officer:
Mayor McFadden commented that historically, the practice had been to have one Trustee finish the interview process for officers but this had not been done in recent years. He has re-implemented this process, so at least one Trustee will have the ability to touch base with the recommendations coming up from the Police Force. In this case, Trustee Moon was in charge of the interview, which he completed and the candidate has received a strong review. Unfortunately, Trustee Moon was not present and the Board did not have the paperwork detailing the Officer’s name, so the vote was tabled until they could locate that information.
Police Report:
On behalf of the Police Department, Officer Dan Sutherland delivered the following report for the month of June:
Non-Criminal Incidents – 250
Criminal Incidents – 1 – closed by arrest – aggravated unlicensed operation (driving
with a suspended license)
Accident – 1
Uniform Traffic Tickets Issued – 18
Traffic Warnings Issued – 6
Fire Calls – 3 (including automatic alarms)
Intrusion Alarms – 4
Medical Calls – 5
Assists Given to the Town of Tuxedo Police – 1
Assists Given to the New York State Police – 2
Vehicle Tags Issues – 1081 (820 resident and 261 non-resident)
Vehicle Tags Returned – 0
Approximately 1000 vehicles entered the Village via the Front Gate.
Meg Vaught noted that since the department had stopped making a count of the exact number of vehicles that enter the Village via the Front Gate each month, the number of vehicle tags issued has increased at what seems like an alarming rate. She suggested that the monthly totals were always right around 1000, and wondered why they were issuing so many tags.
Deputy Mayor McHugh explained that the number provided as a part of the monthly report was cumulative and not a monthly tally.
There was a collective response of relief with this answer, with many individuals confessing that they had also been confused.
Dena Steele noted that in a previous meeting the Grant Writer had made mention of weaponry that would be coming to the Department via a program with the Department of Defense, specifically long guns. She wondered why the Village needed these weapons and what they would be used for.
Officer Southerland responded that this was a question for the Chief.
The Mayor added that they would follow up with Chief Melchior and report back.
With regard to vehicle tags, the Deputy Mayor noted that the non-resident tags would be changing next month and would be mirror opposite of the resident tags. Resident tags are a white background with green lettering and the new non-resident tags will be a green background with white lettering.
DPW Report:
On behalf of the DPW, Superintendent Jeff Voss reported that the department had been busy patching roads and getting ready to do some oil & chip work. The roads that they are planning to oil & chip are Ontio Rd, West Lake Stable Rd., part of Lorillard Rd., Ridge Rd., Pepperidge Road, East Lake Stable Rd., Circuit Rd. and Club House down past the Race Track.
Mayor McFadden wondered if it was the Village’s practice to post this information on the website, commenting that if it was not, he would like to.
Deputy Mayor McHugh inquired as to who had made the decisions with regard to which roads would be receiving this service.
Superintendent Voss responded that he had made the selections.
“The thought process being that it is cheaper to maintain and better for drainage?” inquired the Deputy Mayor.
Superintendent Voss explained that the oil & chip would prolong the roads. The roads that he has chosen are in somewhat better shape. There are some roadways that will need to be paved, but he has not made the determination as to which ones yet.
Mayor McFadden suggested that Trustee Barnett, as DPW liaison, might want to work with the Superintendent to develop a long-term plan for road resurfacing. This is something that the Village has never done before, but he feels it could be beneficial to have a 5 or 10-year plan in place. It was agreed that this would be done.
Mayor McFadden then inquired as to whether there were any plans to resurface West Lake Rd as it runs along the lake near the South Gate.
The answer was yes, although the complete road way will not be resurfaced.
Another road that is in line to receive a cap on it is West Lake, coming down from Turtle Mountain to where it empties out by the lake.
Mayor McFadden then inquired as to whether or not the DPW report was posted monthly to the Village website.
The answer was no.
The Mayor requested that this be done moving forward.
Steve Barba, a long time employee of the Village, will be retiring at the end of July. Mr. Barba is a water/sewer operator who has been working in the Village since 1979. He will need to be replaced although the new employee will not necessarily need to be licensed.
Mayor McFadden requested that Trustee Barnett, the Superintendent and the Village Clerk touch base about the proper procedure for getting the opening out into the public arena to gather candidates and resumes, making sure that it matches with the Civil Service description. It was agreed that this would be done.
Finally, Superintendent Voss requested permission to hire two part-time summer workers at a rate of $10 per hour. The first is his son, Matthew Voss, and the second, Dustin LeBar, the son of another DPW employee. This was discussed in terms of possible nepotism issues however, ultimately, Mr. Nugent advised the Board that as the positions are not Civil Service, there was not an issue.
The Board then voted unanimously in favor of hiring the two gentlemen as proposed.
Dam Construction Update & TAB/Dam landscaping:
The project Engineers were not present however Deputy Mayor McHugh provided a report. Moving forward, an update/report will be provided bi-monthly from the Engineer and posted to the Village website so that residents can keep abreast of the project’s progress. To date, 6.9% of the project has been completed at a cost of $252,000. There have been no change orders submitted. The only issue that has arisen thus far is that the contractor has asked the engineer to review the stone overlay of the parapet wall.
The Deputy Mayor then read aloud a detailed construction report. The Mayor inquired as to whether things were moving along on schedule and Deputy Mayor McHugh responded that things were s both on schedule and on budget with nothing unforeseen.
Mayor McFadden then stated that there had been a request from the Tree Advisory
Board to recommend a change to the vegetation on the embankment behind the dam.
Dena Steele added that at a recent meeting when the engineer had been present, they had talked about removal of the trees and what would be planted on the slope, which is going from a step to a 45-degree angle. The Engineer informed them that as long as the area was mowed once or twice a year they could put grasses and native flowers there.
The TAB checked into this and found a fairly inexpensive seed that could be broadcasted there, which will bloom throughout the season and is very easy to maintain. It is a Native Steep Slope Mix with Grain Rye. Detailed information can be found here.
Mayor McFadden wondered who would maintain the area, the TAB or the Village?
Ms. Steele responded that once it had been established, all that would be required was mowing, which is something that the Village would be doing anyway.
The Mayor then wondered if this would alter the budget in any way.
The Deputy Mayor responded that he did not think it would. The plan called for hydro seeding of the area. He wondered, however, whether the Engineers and/or the DEC had signed off on it.
Ms. Steele reiterated that the engineer had told her that as long as the area was mowed bi-annually, there should not be any issue.
Mayor McFadden commented that if they encountered any resistance from either the DEC or the Engineer, the Board would let Ms. Steele know. His recommendation was to move forward with approval.
Ms. Steele wondered whether or not they might be able to do something similar on the Southeast slope next to the Pond #3 dam.
The Deputy Mayor wanted to know whether TAB was paying for this or if the Village was expected to pay.
Ms. Steele responded that it would depend on how much seed was needed, but that it was pretty inexpensive and she did not feel there was going to be a huge surface area. They will be able to refine the cost once they know what the surface area will be.
The Board then voted unanimously in favor of approving The TAB’s request and Mayor McFadden requested that the approved plans for the DAM be updated to reflect the change.
The Board then voted unanimously in favor of having at least 2 members of the BAR get involved in the engineering review of the stone parapet wall.
Mayor’s Comments:
Mayor McFadden thanked everyone in the community for their support and or turning out for the election. He also thanked the new Trustees along with Trustee McHugh for all of their support during the election. He congratulated them all, further commenting that since the transition had begun, he could already tell that it was going to be a very collaborative, independent, hard working Board. The time thus far has been, in his view, very productive. “People are willing to listen to each other and I am really looking forward to working with them. I think it is going to be a terrific two years.”
Public Comments:
There were no immediate comments. Mayor McFadden stated that the Board would be talking about both the Village Website and the Police contract negotiations. He wondered if anyone had any start-up questions with regard to these items.
Sally Sonne commented that for “many many years” she had requested that the minutes be posted for all Board meetings be posted on the Village website. She feels that people do like to look back and sometimes people cannot make to the Village Office during their operating hours.
The Mayor responded that this used to be done, but then it had stopped and nothing had been done over the past few years. He further commented that he was speaking for the entire Board when he said that he agreed with her and that they would try and do this effective immediately. All new minutes will be posted immediately moving forward and then they will go back and try to work on the archives.
Mary Graetzer inquired about Girvin Ferlazzo, the Police Contract negotiation lawyer who was listed on the Reorganization Document.
Mayor McFadden responded that he would address this when they reached the Police Contract on the agenda.
Audrey Perry inquired as to who the “website person” was.
The Mayor responded that the Village has an existing website that has been in effect since former Mayor Tom Wilson was in office. Although they had worked on a replacement website, Mayor McFadden stated “the election came and that has sort of fallen by the wayside.” They are now planning to look at improving the existing website as well as entertaining companies that work specifically with municipalities. Such companies can often offer a plethora of services such as online payments, video streaming, archiving of records etc. It will be a matter of price. He has already begun looking at several websites and would be happy to submit these links on the Village website where anybody can look at them and make comments. The Village is in no rush to spend a lot of money. “Our website is perfectly adequate and if we start putting up minutes and other things from all the Boards, I think this is a great step in the right direction.”
Trustee Gluck commented that it was his understanding that the current website was not capable of handling substantial amount of minutes. He asked Village Clerk, Debbie Matthews, to confirm this.
Ms. Matthews responded that it was not an issue of whether or not the website could handle the minutes, but more one of getting them up there as it is actually a word press blog and nobody had given her instructions as to how to do it and she couldn’t figure it out on her own.
The Mayor responded that he could be helpful with this. If it turns out that it is not capable, that will be a different matter that they will have to deal with. That being said, there are archived minutes dating back to 2004 that are currently up there.
Old Business: Village Website – Mayor McFadden noted that this had just been discussed as a part of the Public Comment section. He further commented that no votes needed to be taken and that he would continue to explore options and the post his findings to the Village website for anybody to look at and then make comments.
Police Contract – The Mayor admitted that he was just beginning to get involved with this. About a year ago the Village hired negotiator Michael Richardson and when he reached out to him for an update, the Mayor learned that Mr. Richardson felt that things had slowed down significantly and that the Village was at an impasse. He indicated that he was ready to move on, as he did not feel he had much more to offer. Mayor McFadden asked Mr. Richardson to update him as to the specific issues before making the decision to move on and Mr. Richardson then indicated that if the Village could bring on Girvin Ferlazzo, with whom he has worked on numerous police contracts before, he felt he could get things done within 30 days or less.
As a result of this, the Mayor has proposed that the Village move forward with this, pending the fee schedule, which has yet to be obtained. The Plan is to take a look at the prices, and if affordable, placate Richardson in order to get things done. The decision will be made next month.
Lakes Update – The Deputy Mayor reported that AE diving had been doing a vacuum harvesting of milfoil exclusively in Tuxedo Lake, with a focus on the high traffic areas including the Village Boat Club and the Tuxedo Club. They have also been going around the barrier curtain at the south end of the lake cleaning and making sure that the barrier is in tact. Solitude Lakes Management will be coming on Monday July 17 to do a cursory overview of everything. They will be looking at all 3 lakes. The Wee Wah is “a bit of a lost cause” with the dam project ongoing but Pond #3 needs a lot of attention as the milfoil has become rampant there.
Tuxedo Lake is scheduled to be stocked in the next week with bluegills and sunnies; 4-6 inches in length.
The Village is ¼ way into the CSLAPS program and things are running smoothly.
Two Tuxedo Lake front property owners have agreed to put in berms along their properties in order to reduce soil erosion as well as geese trespass. This is good news, although those properties without berms will surely see an incremental increase in geese.
Ms. Steele wondered if by “berm” the Deputy Mayor really meant vegetative buffer.
The answer was yes.
The Mayor wondered what kind of challenge the Village faced in convincing lake front property owners across the board to put in the buffers.
“We’ll see what good neighbors do,” responded Deputy Mayor McHugh.
New Business: Traffic Booth Kick Off – Noting that there had been limited time to transition things over, Mayor McFadden commented that he felt the best way to get things started would be to “kick around” a budget. Once a budget has been established they can begin talking to other professionals that they will be including in an effort to “get this thing done immediately.” He feels there are a lot of creative ideas waiting in the wings, but a budget is needed first. He asked the Deputy Mayor to report on what funds the Village currently had for this project and what this might allow them to do.
Deputy Mayor McHugh responded that he could add very little insight save the $80,000 they had left over from the insurance.
Both Mayor McFadden and Ms. Matthews replied that it was actually $67,000.
Mayor McFadden mentioned that the Deputy Mayor had made reference to short term loan.
Deputy Mayor McHugh responded that he was not comfortable commenting on that at the moment.
Mayor McFadden wondered if they might want to be working towards a $150,000 project.
The Deputy Mayor responded that this was realistic. His issue is that there had been multiple individuals suggesting multiple amounts and to be honest, he did not think they had a clue as to what it was going to cost.
The Mayor responded that he did not disagree but in terms of getting somebody on the design, he felt they needed to provide a budget range. This would have to be a bit of a moving target as the design gets underway but without a budget it’s hard to move forward.
Trustee Barnett suggested that they get together, layout the issues and come up with a reasonable goal.
Deputy Mayor McHugh agreed, commenting that he also agreed with Alan Yassky in terms of the need to first scope things out and then come back with an estimated cost idea.
Trustee Gluck wondered if they didn’t need to start with the project first in terms of what the booth would look like and where it would be and how it would be configured etc.
The Mayor agreed, commenting that this would be part of the program and they have begun working that. He reiterated the need for an overall budget, stating that architects and contractors may or may not want to work on the project based on its, budget. He cautioned that they did not want to repeat the mistake they had already made, which was to build up a ton of momentum and expectation based on loose drawings only to have it come in way off budget, bringing them back to point zero. He feels they should start out with a budget range that can be worked towards. If they don’t like the design or what that money gives them, then that will be another discussion. He believes it is important that they need to hold the designers and the architects to within a certain budget. On another note, he reported that there was a resident who had reached out to him and expressed willingness to contribute money to the project and had also indicated that there were other residents who would be willing to contribute. He suggested that while the Deputy Mayor and Trustee Barnett were looking at the numbers, he would follow up on this to see if it were a legitimate offer and then they could have a discussion. He further intimated that the donation could be as much as $100,000 and that the resident in question had requested that, if donated, the funds be specifically allocated for the booth. Period. There would be no strings attached to the donation, but the resident in question did mention that they were also hopeful that the Village might be able to come up with some strong technology features to include.
Dena Steele commented that the Mayor had mentioned in a previous meeting that there was not a proper design for the project, so she wondered when he spoke of the numbers that the Deputy Mayor and Trustee Barnett would be looking at, if they included design fees.
The answer was yes. A total budget including all design elements, contingencies and equipment is needed. The previous design did not include any equipment or technology. The Mayor suggested that once a budget has been established, the Village could create an RFP and hopefully get some confident people to come in and bid. “A lot of architects and construction people don’t like to come in and work on projects that aren’t defined.
There are too many options for overage. There are too many options that they won’t get paid for what they do, and when the drawings aren’t completed, they are just going to put in a high number because they want to cover their tush.” He reiterated the need for a budget, suggesting that without one, they were sure to get “walked all over.” With a budget in place, he feels that they can get on top of the project very quickly, with progress to be posted on the Village website.
Trustee Gluck commented that he felt they needed to start someplace and perhaps starting with a number and working towards getting the project to coalesce around that, perhaps moving it up or down or even sideways….would be a good start. Currently there is no concrete design nor is there a list of criteria.
Mayor McFadden responded that he felt the normal procedure would be to write up a program of requirements that would include specifics in terms of size, accessibility, location and materials. He also feels that the BAR should be included in the process from the beginning and that they should try to include a professional contractor or estimator early on as well in order to ensure that they can afford what is being designed.
Sheila Pompan wondered why they couldn’t just start with what had existed previously.
She noted that the majority of residents had voted in favor of rebuilding the booth over a year ago and nothing had been done. The structure was knocked down and destroyed because of an accident. She wondered why things had to be so complicated.
The Mayor replied that he would be open to the idea of rebuilding on the same footprint.
He further commented that things were really not getting complicated more they were having to start all over again as nothing had been accomplished. Regardless, he still believes that a budget must be established.
Mary Graetzer suggested that they would also need to decide what kind of equipment they wanted to put inside the booth, as this would dictate its’ size.
The Mayor agreed, and commented that this would all be factored into the program and the budget.
Chauncey Rodzienko suggested that there were a number of different residents who possessed the various skills needed to work on the project.
“Including architecture?” inquired Mayor McFadden.
The answer was yes.
The Mayor responded that there was still an issue of prevailing wage to consider.
Mr. Nugent confirmed that this applied to construction phase but not the design, which is considered Professional Services.
“There are people who go in and out of that gate every day and they have the wherewithal and the means to make it happen,” stated Mrs. Rodzienko.
The Mayor wondered if Mrs. Rodzienko had somebody particular in mind that they should speak to.
Mrs. Rodzienko responded that she would rather wait and pass this information along outside of the meeting.
Mayor McFadden was receptive to this, stating that he would then pass the information along to the Board.
Audrey Perry stated that should they decide to go with the same design, she hoped they would make the structure stronger and safer, considering the previous one had been plowed over by a vehicle with the occupant nearly killed.
Mayor McFadden responded that he couldn’t agree more. He further commented that the current plan, which had come in way over budget, had metal reinforcement poles for protection, but he felt this might be able to be done with boulders on both sides.
The Deputy Mayor agreed and stated that he would get together with Trustee Barnett to review the finances and would report back to the Board.
“Do you think we might not have enough money for it?” inquired the Mayor.
“Well, we don’t have enough money for it,” responded Deputy Mayor McHugh. “The question is what can we do given the finite resources we have.”
“Alright,” replied the Mayor, “I think you’ll give me that number and then we are going to come up with a way to get the money we need, because we have to build it. It’s just the way it is.”
“Right,” agreed the Deputy Mayor.
Public Comment:
There was none.
Enter Executive Session:
The Board then entered into an executive session for the purpose of discussion regarding pending and current litigation, discussion regarding the status of the Police Contract negotiations and discussion regarding matters leading to the employment of a particular person.
New PT Police Officer (revisted):
Following their executive session, the Board voted unanimously in favor of hiring part time officer Max Serene.
Before returning into an executive session to further discuss matters leading to the employment of a particular person, Mayor McFadden thanked Ms. Matthews for all for all of the hard work she had done over the course of the last week.
The Deputy Mayor seconded this and the Board applauded.
Village Board of Trustees Reorganization Meeting July 13, 2017
The Village Board of Trustees held their annual reorganization meeting on Thursday, July 13, 2017. Trustee Moon was absent.
Mayor McFadden opened the meeting by thanking the new Trustees as well as Trustee McHugh for all of their support during the election. He congratulated them all, further commenting that since the transition had begun, he could already tell that it was going to be a very collaborative, independent, hard working Board.
He then presented the Board with the reorganization document, which they proceeded to review in full. Notable changes include the appointment of Trustee McHugh as Deputy Mayor, the appointment of Patrick Donaghy as Chair of the Board of Architectural Review and Christian Bruner as a BAR member. The BAR and the Planning Board have requested Burke, Miele, Golden & Naughton LLP as their Attorneys however, a fee schedule has not been made available yet and therefore, the Board agreed to wait and vote on this at next month’s meeting. It was also agreed that they would put off voting on the attorney that has been selected for police contract negotiations for the same reason.
There have been some small changes to the rules of procedure, most notably that moving forward any one Trustee or the Mayor may call a Special Meeting (previously, two Trustees were needed) There was a discussion with regard to meeting minutes and the need for the Village to turn these around in a more expedient manor. It was agreed that moving forward meeting minutes in draft form would be posted to the Village website no later than 14 days after each meeting.
Dena Steele inquired as to who would be managing the Lakes/Environment as she did not see a Trustee Liaison listed on the document.
It was agreed that Deputy Mayor McHugh and Trustee Gluck would take on this responsibility.
Trustee Barnett stated that he would be recusing himself from the vote as it pertained to the Planning Board as his wife, Joann Hanson, is the designated appointee.
Mayor McFadden responded that he could recuse himself if he wished, but it was not necessary. Board Attorney Brian Nugent concurred.
The Board then voted unanimously in favor of approving the Reorganization Document.
Report by the TVFD:
The topics will likely include the following:
- identifiable numbering signage on residences in the Park, - access from the North Gate, - water sources, - turnarounds at the east and west sides of the dam during the repair period, - volunteers, and - clearance under trees on roadways.
Liaison is Allen Barnett
A meeting will be held next week TBD
Submitted to the Mayor for the Record By Gardiner Hempel
Agenda for Village Board of Trustees Meeting July 13, 2017
1. Call to order
2. Pledge
3. New PT Police Officer Police, DPW & Building Reports
4. Mayor’s Comments
5. Public Comments
6. Old Business Village Website Police Contract Dam construction update & TAB/Dam landscaping
7. New Business
Traffic Booth Kick Off
8. Public Comment
9. Enter Executive Session Reasons for Entering Executive Session - Discussion regarding pending and current litigation. Discussion regarding the status of the Police Contract negotiations. Discussion regarding matters leading to the employment of a particular person.
10. Reenter Public Meeting
11. Village Vouchers
12. Adjournment
And any other matters that may come before the board.
The Village Board of Trustees met on June 21, 2017. All members were present. Trustee McFadden arrived 30 minutes late.
Mayor’s Update:
Mayor Guinchard began by congratulating Trustee McHugh and Trustee-elect Paul Gluck on their victories in the recent Village Election. She went on to also congratulate Trustee McFadden, noting that the race for Mayor was currently a tie, and that they would have to “see how that goes” moving forward. She then thanked Deputy Mayor Guazzoni for his years of service on the Board.
The retirement celebration for officer Jim Ascione has been delayed for a month. As things have been very busy in the Village recently on all fronts, it was agreed that the extra time would allow for a better celebration.
The closing for the recently acquired Village bonds is scheduled for June 22. The Village did very well at auction, coming in at 3%. Mayor Guinchard believes this will save the Village roughly $20,000 a year in interest. She announced that a phone call with their auditor would be taking place during the meeting so that he could go over how the transfer of funds would work once the wiring came in so that they could get everything into the Capital Fund.
David du Pont inquired as to the maturity of the bonds and was informed that there were 2, one at 30 years and the other at 15.
Ratify Insurance Renewal – Mayor Guinchard made a motion for the Board to deny the Terrorist Rider that accompanies their insurance policy. Trustee McHugh noted that the policy was effective June 1 and had been signed on May 26. He wondered what exactly the Board was approving, since the documents had already been signed. “If the Mayor’s got the authority to do it, why do we need to rubber stamp something that happened over a month ago?” he asked.
Trustee Guazzoni suggested that it might have something to do with the allocation of the expenditure.
Trustee Moon commented that it was an issue of timing, further suggesting that what the Mayor was asking for was their authority to make her signature good.
“It’s up to Debbie,” responded the Mayor.
Ms. Matthews indicated that in past, she had signed it.
“So we don’t need to sign it then,” responded Trustee McHugh.
Ms. Matthews replied that they did not need to sign it but that they should be aware of it.
“We are,” stated Trustee McHugh.
Trustee Guazzoni inquired to the amount of the expenditure
The answer was $71,000, between both the Water and General funds.
Trustee Guazzoni suggested that this was a substantial amount of money and he felt there should be a resolution.
Trustee McHugh disagreed, stating that he would be happy to officially recognize it but he did not want to authorize something after the fact. “That is my pet peeve,” he commented.
Ultimately, a motion was made that the Board honor the Mayor’s signature and they voted unanimously in favor of adopting it.
Tuxedo Fire Works Request – The Tuxedo Club has requested permission to host their annual fire works display on July 3 with a rain date of July 5. Gardner Hempel of the Tuxedo Park Fire Department noted that the department would be present with a truck in case anything went awry. Trustee Guazzoni inquired as to the police security, noting that the Village picked up the tab for this and wondering what the cost would be, noting that last year it was somewhere between $3-4,000. Chief Melchiore informed the Board that there would be 6 maybe 7 officers on duty, depending on the traffic. Historically there have been 10.
Trustee McHugh inquired as to whether there was anybody from the Club present.
The answer was no. They sent their request in the form of a letter.
Trustee McHugh then commented that the previous year when the request had been made, the Board had expressed some concern with landscaping at the Club, specifically in terms of clear cutting trees, and the Club had agreed to provide the Village with a landscaping plan, which they subsequently did. Since that time, however, they have continued to ignore the landscaping plan and have done nothing but increase and cut more trees down. “The leverage, obviously, is this, but nobody is here to present it. I don’t think we should preclude it, but I do think we need to impress upon them the importance of a landscaping plan and living up to the landscaping plan they presented to us a year ago.”
The Board then voted unanimously in favor of approving the request.
Bond Update – The Board then took a phone call from Andrew Arias of CooperArias, which is the Villages’ accosting firm. Mr. Cooper walked them through the bond closing and the process for how the monies would be transferred into the Capital Fund and made available for use.
Fish Stocking – Trustee McHugh reported that it was going to cost the Village $1,500 to stock the lake with bluebells. He checked with Allied Biological and they had no issues with it, although they advised that there should be a more coherent policy moving forward with regard to fish stocking. The fish have been purchased and the Village awaits delivery.
Mayor Guinchard suggested that moving forward, fish stocking should be coordinated with the efforts of Solitude Lakes Management way ahead of time.
Trustee Guazzoni inquired as to how many fish would be put into the lake.
Nobody had an answer, although Trustee McHugh suggested that it might be in the neighborhood of 1,000.
The Board then voted unanimously in favor of the stocking.
Other Business – Mayor Guinchard reported that both Denise Spalthoff and Desiree Hickey would be receiving training to become Notary Publics. The cost of this training is roughly $65 per person in addition to the purchase of a textbook. Denise will train in August and Desiree in September.
A resolution has been reached with regard to an improper practice charge that was filed against the Village by the PBA and a settlement proposed. The charge alleged that officers were prevented from going into Rockland County during work hours and that the Village engaged in mutual “tour swaps.” The Village has answered these charges and denied any impropriety and agreed to make changes. Chief Melchiore noted that he had not seen the proposed settlement and requested to view a copy prior to any vote on behalf of the Board. He further suggested that as the document pertained to a contractual issue, he would like the opportunity to sit and discuss it with the attorney if necessary. A copy was provided to him and the Board agreed to revisit the topic later in the meeting.
CHA – Dam Update:
Mike Quinn of CHA provided the Board with an update on the Wee Wah dam project.
The project officially kicked off on June 5. Prior to the kick-off the Village DPW was instrumental in tree removal as well as relocating a sewer line beneath the roadway and also cutting and capping a waterline that is no longer in use. Both Pond #3 and the Wee Wah Lake have been drawn down to “construction pools.” Silt fencing and rattlesnake barriers have been installed and KT WILDLIFE has supplied an education and encounter protection plan. Although it is expected that the barriers will keep rattlesnakes away from the worksite, workers have been trained as what to do if they should encounter a rattlesnake. This past week, work has began clearing and grubbing the downstream side of the dam. Wee Wah Road has been closed to all pedestrian traffic across the dam and will remain closed for the duration of the project (scheduled to be completed sometime in the first half of 2018) Once completely cleared, an “appreciable amount fill” will be brought in for the purpose of reducing the steep slope on the backside of the dam and downstream embankment.
Noting that fill has been a “hot button issue” in the Village, Trustee McHugh inquired as to the source of the fill and more specifically whether or not it had been vetted.
The response was that the fill would be entirely clean and comprised entirely of quarry material.
Within the next month a cofferdam will be installed in front of the spillway structure after which the contractors will de-water the area behind it in order to expose the full height of the auxiliary spillway. They will then analyze the condition of the in spillway’s base. Mr. Quinn noted that there is an add-alternate in the contract in case they discover any issues during this analysis.
Trustee McFadden wanted to know the details and amount of the add-alternate.
Mr. Quinn explained that it was $42,000 for sheeting, but he reiterated that they would have to wait for the analysis to come in before they would know if it was necessary.
New York State requires a monthly update on the status of the permit and the project and Mr. Quinn noted that the Village would be provided with a copy of this letter as well as a personal update at meetings on a monthly basis as the project progressed.
Trustee McHugh wondered how construction vehicles were accessing the site and whether or not they were entering the Village via the Sewage Treatment Plant.
The answer was yes. A construction trailer has also been put in place in the parking lot of the DPW facility.
DPW Superintendent Jeff Voss inquired as to whether there was anything that CHA needed from his department.
Mr. Quinn responded that they could use more solid barriers on the dike side in order to prevent pedestrian traffic, further commented that despite the current signage, people were still coming down there. Different types of barriers were discussed, as was an increase in signage.
DPW Report:
Superintendent Voss reported that in addition to prep work for the dam project, the department had been busy patching holes in the roadways, cutting grass and dealing with various tree issues. There was a water main break on Tuesday, June 20 in the wooded area between Tuxedo and East Lake Stable Roads, resulting from a crack in a 6-inch pipe. Once they were able to locate the break, the necessary repairs were made.
Mayor Guinchard commented that there were a lot of potholes in the section of Club House Road that runs along the Race Track property.
Superintendent Voss acknowledged these, commenting that they working on potholes and that much of this work was weather dependent.
Water Billing – Since the departure of John Ledwith, Denise Spalthoff has been put in charge of water billing and she has busily been trying to make heads and tails of things despite a lack of training. There was a lengthy discussion with regard to several accounts in the town that have been in arrears for a long time and what do about them. In several cases, there have been so many penalties applied to these accounts that the penalty fees are larger than the water fees themselves.
Trustee McFadden commented that he could not recall the Board having given any direction to Mr. Ledwith over the course of the last year with regard to what to with these types of bills. He acknowledged that there had been discussions, but suggested that the Board had never set forth a proper instruction as to what to do. He noted that some of these accounts had been in arrears for years and further stated that he believed it had been the responsibility of the Board to provide direction as to how these should be dealt with.
Trustee McHugh begged to differ, commenting that they had given him directive by telling him that when bills ran higher than $100,000, that he was to be pro-active and send certified letters to these customers. If the customers then made a concerted effort to make monthly payments, then the Village could entertain the idea of reducing the penalties. There are three accounts that are exceptionally high and he suggested they maintain this practice in dealing with them.
The Mayor proposed that they offer a reduction in penalties up front, or possibly waive the penalties altogether noting that in two of the cases, the penalty fees accounting for almost 90% of what was owed.
Trustee McHugh responded that he felt they should first a concerted effort on the part of the customers to make regular, scheduled payments before they agreed to waive any fees. He feels they need to see a pattern of behavior that they are encouraging rather than simply waving the fees and walking away from these large sums of money.
Ms. Spalthoff noted the currently, no penalties had been applied to the accounts because she had not yet received the necessary training.
The Mayor commented the contract for training had already been signed and training will take place soon.
Trustee McHugh wondered when the next water bill would be sent out.
Superintendent Voss noted that John Bello was currently ready meters and that the report typically went out around the first of July.
Mayor Guinchard stated that the bills were going to be a few weeks late this time around.
Trustee McHugh commented that he was under the impression that the Board had authorized the purchase of an electronic device that would read the meters with the data to be transferred into a computer where it would interface with the water department software. He wondered if this device had been purchased.
The answer was no. Mr. Bello noted that there were compatibility issues between the device and the Village system. This was discussed at some length and ultimately it was agreed that Mr. Bello would do some further research and report back to the Board prior to the purchase of the equipment, which was authorized in at May meeting.
There followed a lengthy discussion with regard to one particular account in the Town.
The issue being that over a 5-quarter period, it was notated a lot more gallon usage than was actually used. For some reason, the accurate numbers were never transferred into the computer and the water company was billing the customer for $8,000 when the actual cost should have been $875.
Trustee Moon wondered how this mistake had occurred.
The Mayor responded that the situation had been going on for a year, with the customer having first complained on June 30 of 2016. She added that it had subsequently been determined that there was no leak.
Noting that it was somewhat difficult to discuss without divulging the name of the customer, Trustee McHugh commented that there had, in fact, been a leak at the location in question and that the water department had repaired a leak there.
Both Mr. Bello and Superintendent Voss confirmed that this was true.
The Mayor suggested that the leak had occurred prior to the meter readings.
Mr. Bello suggested that the leak had occurred in an area that would not have registered on the meter reading. Trustee McHugh then wondered how old the debt was and when the meter readings had been taken.
The Mayor responded that any previous debts had been paid in full when the property in question changed hands. The readings are recent and reflect a period of time when the facility has been closed.
Trustee McHugh asked Mr. Bello for his opinion as to whether or not the information was correct.
Mr. Bello responded that he wasn’t sure and that he would have to review the information before he could respond.
A detailed review of the readings ensued.
The Mayor suggested that after the property changed hands, the customer claims that they never received a bill and has been able to provide an email train detailing their requests for a bill. Ultimately penalties were forgiven because of the bill had not been received. A few months later, in August of 2016, the customer received and enormous bill, and waged a complaint, which was never addressed. Recently, the Mayor took it upon her self to meet with this customer, after which she reviewed the bill with Mr. Bello, identified the discrepancies, did the math and recognized the errors.
The process by which Mr. Bello reads the meters and enters the data was then reviewed and discussed.
Given that it appears to have been a mathematical error, Trustee Moon suggested that Mr. Bello put together a summary of the situation to include a recommended correction, which the Board could then approve. This way, there would be an official document in the system.
The Board continued to discuss the status of unresolved accounts.
The Mayor suggested that there were some, where the customers had paid money but the money had not been entered into the computer system and they couldn’t find it.
Trustee McHugh suggested that these customers needed to provide valid proof of payment and the Village would take it from there.
Trustee McFadden suggested that they put together some sort of procedural manual outlining the various processes for this department, noting that there was somewhat frequent turn-over on the Board and that it would probably be helpful to have an official guide clearly notating the various directives that have been given to the department. In his view, a clear set of guidelines would provide for a more efficient operation. He then inquired of Ms. Spalthoff as to what instructions she had been given specifically for depositing checks when they come in. Specifically he wanted to know if she had been given instructions by the Board to deposit the checks within a certain amount of time or a specified number of business days.
The answer was no.
Trustee McFadden noted that this had been an issue with Mr. Ledwith and he wondered why they had not implemented any sort of policy to deal with it.
Mayor Guinchard responded that Ms. Spalthoff was not the one who deposited the checks, rather this was the job of the Village Clerk, and that they had implemented policy.
Trustee McFadden wanted to know what it was.
The answer was that checks needed to be deposited within 72 hours.
“The law is, property taxes have to be deposited within 24 hours. Anything other than that, the comptroller said 72 hours max,” stated the Mayor.
Trustee McFadden then thanked Ms. Spalthoff for all of her efforts noting that he was aware things had been complicated.
“She’s done a great job,” stated Mayor Guinchard.
“When you inherited these books, how many errors did they contain?” inquired Trustee Guazzoni.
Ms. Spalthoff noted that there had been multiple errors, ranging from mis-entered information to customers who had not received bills and some accounts where bills were not generated at all. Some of these, she noted, were due to incorrect billing addresses.
Trustee Guazzoni further suggested that there had been some mislabeling of the accounts, suggesting that some commercial accounts had been labeled as residential and visa versa. He further suggested that Ms. Spalthoff would have to go through each account one-by-one in order to determine their accuracy. He inquired as to what percentage of the errors had been corrected to date.
The answer was roughly 50%.
Trustee Moon expressed his gratitude to Ms. Spalthoff for all of her efforts, and asked for confirmation that the Village was not accepting any currency.
The answer was no, they are not.
Trustee Moon then suggested that moving forward they should put a procedure in place for dealing with situations where, in Ms. Spalthoff’s absence, customers might leave currency in the officer paper-clipped to their water bill. If this should occur, these funds must be deposited immediately.
The Board then voted unanimously in favor of giving Ms. Spalthoff the authority to execute water billing corrections up to $75.
Police Report:
Chief Melchiore reported the following for the month of May:
Complaints – 208
Arrests – 1
Motor Vehicle Accidents – 4
Traffic Tickets – 39
Traffic Warnings – 1
Intrusion Alarms – 6
Medical Calls - 4
Assists Given to Town Police – 1
Assists received from Town Police – 1
Vehicle Tags Issued – 1,059
With regard to the stipulation settlement presented earlier, he noted that the Department agreed with Part 1, paragraph 1 but did not agree with paragraph 2., regarding mutual exchanges with full time or part time officers. Part time Police officers are not subject to the benefits and terms of a bargaining unit between the Police Officers and the Village of Tuxedo Park. This is not what was discussed.
It was agreed that this would need to be reviewed with the PBA and the attorneys. The Board voted unanimously in favor of authorizing the Mayor to sign the agreement once all of the parties had reviewed it and were in agreement.
Public Comments:
There were no public comments.
Building and Grounds Report:
Engineer Pat Hines reported the following for the month of May:
Building Permits Issued – 5
Buildings Actively Under Construction That Have Been Reviewed – 4
Tree Issues – 6
Municipal Searches (with follow-up) – 3
Complaints under Review – 2
Trustee McHugh inquired as to the nature of the tree issues.
Mr. Hines responded that these originated with a resident calling with complaints regarding specific trees that were either hanging over Village roadways or on a neighboring property posing a threat of some kind.
With regard to properties where there are dead trees within 50 feet of the roadway,Trustee McHugh then wondered if the Village was going after homeowners in an effort to have these either remediated or removed.
The answer was that this was being done only when a complaint was received from a neighboring property.
The Board then went through the engineering proposals for the waterline replacement, drainage and paving on Clubhouse and Continental Roads as well as the water tank rehabilitation project on Ridge Road.
During the course of the discussion, it was decided that the area of the Club House Road repairs would be extended at the top of the Road by 300 feet. Road closures were also discussed and it was revealed that residents living on Club House road might have their driveway access impeded during the daytime but that access would be restored every evening by 5pm.
Following a somewhat lengthy review and discussion of the various plans, the Board voted unanimously in favor of approving the following 4 projects as proposed:
Club House Road – drainage & pavement project - $15,000
Water Line Replacement – Continental Road to Laurel Road - $12,500
Pavement replacement – Continental Road to Laurel Road - $12,100
Village Water Tank Rehabilitation Project - $13,550
Committee Reports:
Trustee McHugh reported that the CSLAPs program is commencing on Tuxedo Lake and in Pond #3. It has been determined that the program will not take place on the Wee Wah Lake this year as the depth of the water there is only 4-6 feet.
Milfoil removal, which will be done in high concentration areas in conjunction with Solitude Lake Management’s consultation, will commence within two weeks. Mapping of Milfoil in Tuxedo Lake will take place in the month of July.
Trustee McFadden inquired as to whether or not there was a high concentration of milfoil growing in the area of Tuxedo Lake just in front of the Regna property.
The answer was yes. There is a high concentration here as well as in the area by the Tuxedo Club.
Trustee McFadden noted that the problem had gotten significantly worse in these areas and he suggested that some sort of barriers be installed to prevent boating activity there. He suggested that there were many non-resident members of the Tuxedo Club who were renting party boats and driving them everywhere as they are unfamiliar with the Lake and its issues.
Moving on to technology, Trustee Guazzoni suggested that the Village’s computer systems were antiquated and need to be replaced. This was discussed at some length, with Trustee Guazzoni proposing that they spend $7,000 to replace all 5 machines.
Ultimately it was agreed that they should take a look at all of the Village computers, including those at the Police Department and DPW facility and put together a proposal detailing the cost of upgrade and replacement.
Approval of minutes:
The Board went through several sets of minutes dating back to the month of February. There ensued a lengthy discussion with regard to the executive sessions and whether or not they should change the minutes to reflect what had been discussed, given the recent lawsuit that has been filed against them. Ultimately it was decided that the minutes should not be altered, because they couldn’t rightfully change what had happened, however dated asterisks will be added with a brief description of what was discussed in each executive session to the extent that the law requires. Moving forward the Board will be more descriptive when entering executive session and Mr. Nugent suggested that he could provide them with a list of acceptable verbiage for a range of executive session topics that are in line with the types of things they might need to be discussing.
The Board then entered into an Executive Session for the purpose of discussing an Article 78; Madden vs. The Village of Tuxedo Park.
Trustee McFadden stated that he would be recusing himself from the session.
Agenda for Village Board of Trustees Meeting June 21, 2017
1. Call to Order
2. Pledge of Allegiance
3. Mayor's Update
a. Ratify Insurance Renewal
b. Tuxedo Fire Works Request
4. CHA - Dam Update
5. DPW Report
a. Water Billing
6. Police Report
7. Public Comments
8. Building & Grounds Report
9. Committee Reports
10. Approval of Minutes
11. Audit of Claims
12. Adjournment
The Village Board of Trustees met on Wednesday, May 17, 2017 at 7:00 pm. All members were present.
The meeting began with a moment of silence in remembrance of long time Village Resident Ingrid Warren, who passed way recently.
Mayor’s Update:
Officer Ascione’s Retirement - Police Officer Jim Ascione has retired, effective May 31, 2017. Mayor Guinchard announced that preceding the next regularly scheduled meeting in June, at 6:30pm, there would be a reception in his honor.
Wee Wah Fishing Club Agreement – Following a brief review, the Board voted unanimously in favor of approving the agreement.
Water Levy – Mayor Guinchard made a motion that 2017 unpaid Village water accounts, totaling $41,534.89, be levied onto 2017 Village Tax bills, as has been the Village practice historically.
Trustee Mcfadden inquired as to whether the list of outstanding accounts had been prepared prior to or after the dismissal of John Ledwith.
Mayor Guinchard responded that it had been compiled that morning.
Trustee McFadden wondered who had done the work.
The answer was Denise.
Trustee McFadden then wanted to know whether the Village had made any settlements or entered into negotiations with any of the outstanding account holders since Mr. Ledwith had left.
Trustee Guazzoni responded that Denise was not authorized to make any settlements.
Trustee McFadden then wondered if any of the Trustees had made any such negotiations.
“I don’t think we do that,” responded the Mayor.
“We don’t have the authority,” added Trustee Guazzoni.
Trustee McHugh identified an error in the report as presented, indicating that one of the accounts was fully paid with the owner having sold his house and departed. He wondered how it was possible for the system to have missed a payment in full.
“That’s a whole other issue that we are dealing with,” responded Mayor Guinchard.
“What do you mean?” inquired Trustee McFadden.
“She is finding that there are some errors in the system,” explained the Mayor.
“In the system or in the work?” asked Trustee McFadden.
“In the work,” replied both Mayor Guinchard and Trustee Guazzoni together.
Trustee McFadden then wanted to know who was overseeing Denise in order to ensure that the information produced was accurate.
The Mayor responded that she had been speaking with her and that Denise had also been working with the Harris Company directly, before going down the list to see which accounts had been paid. The Harris Company is the company responsible for the software used.
Trustee Guazzoni wondered if there were any financial penalties for having the bills levied.
The answer was no.
He then wanted to know when the levy would occur adding “there are certain people who are here tonight who are also on this list. Should we give them the opportunity to come in tomorrow and talk with Denise?”
“It doesn’t make a difference if it goes on their tax bill,” commented Trustee McHugh. “Some people chose to do it that way.”
The Board then voted unanimously in favor levying the unpaid bills as proposed.
Statement Regarding John Ledwith-
Commenting that she knew that many residents had been looking for an official statement from the Village with regard to a recent employee matter, Mayor Guichard read aloud the following:
“As you know, John Ledwith was an employee of the Village of Tuxedo Park, having the Civil Service title of Deputy Clerk Treasurer for the term May 31, 2017 through the term May 31, 2017. (TPFYI understands that this does not make any sense, however it is what was clearly stated by the Mayor) Mr. Ledwith will not be reappointed to that position at the expiration of his term on May 31, 2017. Mr. Ledwith was assigned additional part-time positions with the Village of Tuxedo Park, but did not hold those titles under Civil Service as is required by Orange County Human Resources and State Civil Service law as interpreted by the Department of Civil Service. Accordingly, Mr. Ledwith cannot and will not be assigned to those positions going forward. I have received numerous requests for information about the basis for the Board’s action in this regard. What follows is the Villages response in its entirety at this time: During the period of January 5 to January 6, 2017 the New York State Comptroller conducted a risk assessment of the Village. Subsequently, the Village hired a CPA to conduct a forensic audit of various Village financial transactions. Based on the forensic audit report, among other information and after conferring with legal counsel, Mr. Ledwith’s assignment to the positions other than Deputy Clerk Treasurer was terminated by a majority of the Board of Trustees of the Village of Tuxedo Park, effective May 12, 2017. However it should be noted that Mr. Ledwith was an employee at will and no reason was required to terminate him from his pending assigned positions nor is there any legal entitlement to reappoint to the position of Deputy Clerk Treasurer at the end of an appointed term. Further, with respect to the assignments of Building Inspector and Assessor, Mr. Ledwith was a ‘hold-over’ since July of 2016 and had not been appointed to any such positions by the Village. On May 16, 2017 a full audit of the Village of Tuxedo Park operations was commenced by the New York State Comptroller. Due to the existence of this pending review of the Village’s operations, possible litigation concerns and based upon best practices in the field of Human Resources, the Village of Tuxedo Park will make no further statement regarding Mr. Ledwith’s separation at this time. It is critically important to know that no formal criminal charges or civil proceedings have been commenced against Mr. Ledwith. This is the complete Statement of the Village of Tuxedo Park in this matter. No other statements are authorized by the Board. No negative inferences should be drawn against Mr. Ledwith as a result of the Village’s actions. Further this statement should not be construed to validate the existence of any specific fact or allegation that is being investigated by the New York State Comptroller or any other Government agency. The Village will provide further information to the public if and when it is deemed necessary and appropriate. Thank you so much.”
Trustee McFadden stated that he would like to make a comment.
“There are not comments at this time,” responded the Mayor. “I would like to move on to the Police Report, can you wait a moment?”
“It’s actually on this topic,” replied Trustee McFadden.
“Police report?” called out Mayor Guinchard, ignoring Trustee McFadden’s request altogether.
Police Report:
Chief Melchiore reported the following for the month of April:
Non-criminal Complaints – 246
Criminal Complaints – 2
Arrests – 1
Motor Vehicle Accents – 3
Uniform Traffic Tickets Issued – 7
Warning Tickets – 4
Fire Alarms – 6
Intrusion Alarms – 10
Medical Calls – 2
Assists given to outside agencies – 4
Additionally, 1053 vehicle tags were issued.
Public Comments:
Trustee McFadden commented that he had never been consulted with regard to the statement the Mayor had made about John Ledwith. The Statement clearly identified itself as the official statement of the Village Board, however for what it is worth he would like it known that he has no comment on it. He was not privy to it and it is not his statement. With regard to the forensic audit report, he stated that for the last couple of months he had been asking for a copy of the report and after numerous requests, did not received it. He was told that it was not finished or that it was been reviewed by the attorney. The Trustees were only issued a copy of the report a couple of hours before the meeting where it had been determined to fire Mr. Ledwith. The report that was provided to the Trustees was not on company letterhead, so he does not even know the identity of the company who compiled it. To him it appeared as though it had been cut and pasted onto other paper. He has since asked both the Village attorney and the Mayor for a copy of the original, on company letterhead. He has also asked for the price and the engagement letter for the forensic report. To date, he has received no response to these requests. With regard to the Comptrollers report, he stated that it appeared as though this was not the first time that the Village had acted on such a report. He has never seen any comptrollers report that required any actions including this most recent one, so he has no idea what is being referred to when they talk about the Comptroller’s report and the activity that they are asking the Village to conduct.
Trustee Guazzoni responded that Trustee McFadden only visited the Village Hall once a month. He pointed out that Village Hall was open every day from 9-4. He tries to stop in 2 to 3 times per week. All the files are open for Trustee McFadden’s review, but he only comes once a month. “There is a difference between somebody not serving him something on a silver platter and something not being available to him. You actually do have to come to Village Hall, open up the books, open up the files and educate yourself a little bit. This type of grandstanding is just a little bothersome.”
“These were all items discussed in executive session,” responded Trustee McFadden. “None of them are available in the Village Office.”
“They are available for Trustees,” suggested Trustee Guazozni.
“No they were not!” asserted Trustee McFadden.
“To be fair Claudio,” commented Trustee McHugh, “ The water report audit was not available in the Village office. I asked Debbie for a copy of it and she said there is no such thing. So I beg to differ.”
“And I am standing with a FOIL request,” stated JoAnne Hanson from the audience, “that says ‘ please be advised that at this time a 2017water bill audit, formal written letters from Heather Morris of Orange County Civil Service and written correspondence from New York State regarding risk management money handling in administration have not yet been received in the Village Office.’ “
“The Trustees have mailboxes that should be used for such documents,” suggested Houston Stebbins. “None is asking for things on a silver platter.”
Trustee Moon asked Mrs. Hanson whether or not she had made a formal FOIL request.
“Absolutely,” responded Mrs. Hanson.
“My view is that if you made a FOIL request, it should be disclosed,” responded Trustee Moon. “Those documents should be disclosed to Mrs. Hanson.”
“It’s saying that they haven’t been received in the office,” pointed out Mrs. Hanson.
Trustee McHugh suggested that as a Trustee, when the attorney is asked for information, he has an obligation to respond to the inquiry. He went on to say that Trustee McFadden had asked three simple questions with regard to the engagement letter, fee structure and the full report. Neither he nor Trustee McFadden had received any communication back with regard to these requests, nor has the Village been billed as of yet for said audit.
Village Attorney Brian Nugent stated that for clarification purposes he wanted to point out that he was not the records officer, rather he was in charge of appeals. Records requests go first to the Village Clerk and if there is an appeal, which he has not seen, it would then come to him.
Nancy Hays wanted to know who exactly had seen the reports in question.
“All of the Trustees have seen them,” responded Trustee Guazzoni. “Please do not fall for the grandstanding.”
“All the Trustees have it,” reiterated the Mayor.
“The doors are open to the Village. All the files are open to everybody, you just have to show up more than once a month,” stated Trustee Guazozni.
“If they are requested, they should be provided,” responded Mrs. Hays.
“Yes, that is true,” replied Trustee Guazzoni.
Mayor Guinchard reiterated that all of the Trustees had all of the documents.
“We don’t have an engagement letter, nor do we have the bill,” stated Trustee McHugh, “and we have a partial report that we don’t know is a full report. That is where we currently stand right now.”
“That is a full report, correct?” the Mayor inquired.
“We don’t know because nobody has acknowledged that,” replied Trustee McHugh. “When you get a full report and it doesn’t state what date it was issued and it’s not signed by the person who does it, it leaves one questioning the credibility and the veracity of what you are receiving. That is all I am saying.”
Mr. Nugent stated that the only report he had seen had the name of the group on it. It is not on letterhead, but the group’s name is on there and it is dated.
“Brian, I have asked numerous times for that information and you are just giving it to me here at this meeting,” stated Trustee McFadden.
“What information?” responded Mr. Nugent.
“That it was the full report and that there were no other originals.”
Mr. Nugent suggested that Trustee McFadden had asked this question during an Executive Session and that he had responded at that time, pointing out that the report was not on a graphic letterhead.
Trustee McFadden then wondered why the report had been accepted in this form, not on letterhead and without a signature.
Mr. Nugent responded that he was not aware whether or not it was required that there be a logo on the report in order for it to have been submitted.
Trustee McFadden suggested that it was a matter of good business practices.
Mr. Nugent responded that this was another issue. He further reiterated that there was no other version of the report in existence that he had seen.
Trustee McFadden then wanted to know if Mr. Nugent had the engagement letter.
Mr. Nugent responded that he believed that he did and that he had thought that this had been provided. Again, he stated that he was not the records officer. The Clerk is the appropriate person to ask.”
“Every time I have asked, it has been referred to you by the Mayor,” stated Trustee McFadden.
There followed a discussion about the Comptroller’s report and the Risk Assessment, with the Mayor asserting that the Trustees had seen the report and Trustee McHugh arguing that they had not.
Mayor Guinchard explained that the process was as follows: “They come in for a risk assessment. They then either give you a report from that and they are done, closed and they go away…OR….the find reason that they need to come in. They send the list, which Debbie received on March 1. This should have been circulated to all of the Trustees.”
“It was not,” stated Trustee McHugh.
“We don’t know when they come back in because obviously they do their own scheduling,” stated the Mayor. “They come in unannounced…you get a phone call that says ‘we’re coming’ and you make yourself available for the entrance interview. They came to Debbie yesterday. Now everything begins. That’s just how they work. The risk assessment is over and now we are into the audit.”
Mr. Nugent added that the report would be the last thing to come in after which the Village would have the opportunity to respond to recommendations and/or findings issued.
Trustee McHugh then wanted to know specifically what had been said within the Village Statement regarding Mr. Ledwith pertaining to risk assessment.
In response, the Mayor began reading from the statement “Subsequently, the Village hired a CPA to conduct a forensic audit of various Village financial transactions.”
“We hired a CPA to conduct a water audit,” stated Trustee McHugh. “It was in executive session. It’s not ‘various things.’ It’s a water audit.”
Mr. Nugent suggested there were various transactions within the Water Department.
Trustee McHugh commented that the statement as issued, did not make it clear that the various village transactions referred to the Water Department and he wanted to confirm that this was the case.
The answer was yes.
Trustee McHugh then asked the Mayor to review what she had said in the statement with regard to the Comptroller.
“On May 16, 2017 a full audit of the Village of Tuxedo Park operations was commenced by the New York State Comptroller,” replied Mayor Guinchard.
“You said March 1,” responded Trustee McHugh.
The Mayor explained that March 1 had been the date on which they had sent a letter asking for various information to the Village Clerk. The timeline of interaction with the Comptroller was then reviewed.
Joanne Hanson stated that she would like to read into the record the letters that were sent to the Trustees on behalf of the Planning Board and the Board of Zoning Appeals. She also inquired again about her FOIL request, noting that the response she had received indicated that they requested materials did not exist in the Village Office. She suggested that obviously there was a letter in existence and that she felt this should be publicly available.
The Mayor agreed with this.
“You are also indicating that this water audit is also publicly available. It’s been received. The Board of Trustees has it.”
“Yes,” responded the Mayor.
“So, it is publicly available and we can all get a copy and take a look at it?” inquired Mrs. Hanson.
Mr. Nugent responded that the entire audit was not available as certain information would be redacted, briefly outlining the types of information that would need to be redacted.
There followed a brief discussion regarding which information the Village Clerk actually had in her possession and could make available to the public.
Mrs. Hanson then stated again that she would like to read two letters into the record.
“It is very important to me that this individual be able to find subsequent work, so let us not mention his name that can be Googled by his next employer when he goes for an interview,” stated Trustee Guazozni. “The more we talk about this individual, the harder it is for him to…. Just redact his name please.”
Mrs. Hanson responded that Trustee Guazozni had already made this point with her and all the same, she felt comfortable reading the letters aloud as they contained praise for the individual in question. She feels that any future employer would be thrilled to read the letters.
She proceeded to read aloud two letters, one from the BZA and the other from the BAR formally requesting that that the Board reinstate Mr. Ledwith as Village Building Inspector.
Kathy Norris inquired as to whether the former Building Inspector had been licensed and if so as what.
Mayor Guinchard responded that he was licensed as a Building Inspector Code Enforcement, but he is not on the Village’s Civil Service.
As a point of clarification, Mr. Nugent pointed out that Code Enforcement was the only position for which State certification was required. Mr. Ledwith was certified.
Mrs. Norris the stated “In law, selective enforcement occurs when Government officials such as Police Officers, Prosecutors, Regulators, and Building Inspectors, exercise enforcement discretion, which is the power to choose whether or how to punish a person who has violated the law. The Biased use of enforcement discretion is usually considered a legal abuse and a threat to the rule of law. So, can the Village of Tuxedo Park be sued by residents for a Building Inspector approving something not to code?”
Mr. Nugent responded that he would prefer not to speculate on potential situations.
“But can they sue a Village?” Mrs. Norris inquired again.
“Usually not,” replied Mr. Nugent. He went on to explain that anyone who is in a position that is discretionary in nature cannot be forced to either do or not do something where they have that discretion. Of course, if there were a back pattern where one particular person were being targeted and constantly dismissed in court and there was some personal issues and other factors as well, that person could certainly bring an action, which more than likely would be against the individual, but the Village could be named.
Mr. Niblo wondered whether the individuals who had signed the letters read by Mrs. Hanson were active members of the two Boards.
The answer was yes.
He went on to suggest that there was a common denominator in the letters in that all of the individuals they represented had worked with Mr. Ledwith for a certain amount of time. He feels there is a bias there, as when one works closely with somebody for 22 years, they get to know that person on a personal level. “You expect maybe wheels to be greased for you a little bit, some a little bit more than others, but I can tell you as a new owner that built a house here, I got none of that. I was buried. John gave us suggestions and then he sat here and said nothing when we were told we couldn’t do it. We needed a well put in and we needed a septic system put in. He told us that there was no way that we could run a line for that long for that amount of money that it would cost to hook up to the water and the sewage….and we came here to the Planning Board meeting and he sat there like a dope and everyone said ‘no no! You shouldn’t have bought the property if you couldn’t afford to do the installation.’ I have talked to other people who say that John was a bully to them. My wife….is there something about when women are by themselves and husbands are not around to talk rough to them? You didn’t go through it! There is a common denominator here! All of you were on one board or another and got to know him and there was a friendship there but other people, who don’t know him, who can’t support his job or speak up to help him keep his job… He cancelled meetings on you if you forgot to do things. I’ve been there.”
“Selective enforcement,” called out Kathy Norris.
“I have a comment about the Gate House,” stated David duPont “or the lack there of.”
He went on to say that he assumed that when the booth had been removed from its former foundation the Village had received monies from both the driver’s insurance as well as their own insurance. They had been making reasonable progress in terms of rebuilding efforts but now, it seems as if nothing is being done anymore. He wondered whether the current Trustees had a specific timeline in mind for when the new booth will be built.
The Mayor responded that an RFP had been completed and they received 1 bid. Without prevailing wage, the cost was $400,000 and with prevailing wage it was closer to $600,000. Chief Melchiore, John Ledwith, the Architect and the Mayor had a meeting and it was agreed that the bid was extreme. Upon further investigation, they discovered that smaller companies had not bid on the project because they felt it was not worth their time and effort for such a small but important project. In order to make the project worth their while, the larger companies need the cost to be higher and this is why they believe there was only 1 bid and It was as high as it was. So now, they have gone “back to the drawing Board.” They all love the proposed architecture as it matches the existing buildings, and would like to find a cost effective way to maintain that integrity. The architect and John Ledwith have been researching other ways to do this. The community wants the booth, but the Mayor does not believe that they want to spend $600,000 on it, so the bid was rejected by the Board. At the same point in time, they had also been wrapped up in the bidding and bonding for the Wee Wah dam project, so they had to “triage a bit” in order to get the other project going. Now they feel they are back on track and can commence working on finding a solution for the booth.
Trustee McHugh added that there is nothing in the budget for the next fiscal year for the project. There is, however, a left-over $70,000 “slush fund” that has been specifically allocated for the project. If something can be done for $70,000 with prevailing wage and everything factored in, then it can be built. If it cannot be done for this amount, then it cannot be built given the fact that they have not budgeted for it.
Trustee Guazzoni interjected that the Village had put over $700,000 into savings accounts. He added that there are two savings accounts, one that belongs to the Water Company and one that belongs to the Village. They have a combined $700,000. “We can have a resolution any day to pull any amount of money for a particular project. We are looking to build this at a cost that is decent. Maybe we can break it up into little pieces. It’s a matter of doing the work…and I’m gonna say, you’ve got three people here working and if more people care to do a little bit of the work than this thing would get done.”
The Mayor added that there are parts of the project that will have to be much different than what they were insured for because of building code. “They will pick up the prevailing wage. Reasonable cost.” She added that she had called them and addressed this issue directly and they had agreed to cover it. Whatever reasonable bid the Village obtains (and $600,000 doesn’t seem reasonable to any of them) they will then look at that, evaluate it and provide the Village with the “extra bump” to help. The architect believes that it can be built for roughly $100,000. The issue appears to be that in Orange County there is not a pool of contractors that are willing to do this small of a project with prevailing wage.
Lili Neuhauser inquired as to who had built the bus station in town.
The Mayor responded that she did not know.
Alan Yassky stated that the cost of the bus station had been roughly $80,000.
Trustee McHugh commented that the Village had a ballpark $400,000 general surplus. The Water Company has even more than that. They cannot ask residents from the Town to pay for the booth, so they will not be taking from the Water account. “What we are talking about is ….we have $400,000 which is 10% of our budget and we are doing the largest bond issue in our life and we are praying to God that we can get this thing executed, so we are not going to be pilfering money from that in light of the fact that we need to prepare ourselves given we’ve got an 8% cost overrun on the dam project.”
The Mayor agreed that the Village could only use monies from the General Fund, adding that these monies were really only supposed to be used for emergencies. With regard to the dam she went on to say that they contractor they had chosen was, in her view, really qualified and she finds it very disrespectful when they are getting ready to engage into a 4 million dollar project to speak ill of somebody who is getting ready to put their shovel in the ground. The project has already begun with work on the sewer lines. It is happening. It is a price fixed amount with contingencies built in. The Village is doing well with the interest rates. The Engineer working on the project is “amazing.” They are being paid hundreds of thousands of dollars to oversee the project. “So to say that this project is not a good project, I think is really a slap in the face to not only the engineer but the company who won the bid.”
“I never said anything like that. You are intimating….” Responded Trustee McHugh.
“I didn’t say you did,” retorted the Mayor. “I just said it was said.”
“You said you were commenting on my comment,” stated Trustee McHugh.
“I apologize,” stated Mayor Guinchard. “I meant the money part.”
“The other thing is that there were several bids for the dam. They ranged from $6,000,000+ to the winning bid of $3.7. All of them were qualified.” She went on to suggest that the Village was very fortunate in that the historical integrity was allowing them to keep the architecture of the dam. “We are not rebuilding the dam. We need a great stone mason and a great concrete outfit and the company who won the bid….that’s their specialty. All the components are there. So I don’t want you to not have the confidence that we are spending this kind of money blind. That’s not happening. There is nobody on this Board who has ever been told that they could not be part of the process. I love it when any of the Trustees want to get involved because that’s much easier for me and it also lets them know what’s going on. But, if they choose not to get involved, I cannot babysit them and we have some Trustees that have preferences to do some things and not others and some that prefer just to do whatever. I’m not going to criticize whatever they choose to do, but if they don’t choose to be involved in a major project, I cannot sit there and give them every moment, item by item, conversation by conversation that goes on for me…from meeting with the Governor to meeting with CHA and driving back and forth and trying to get grant money. There are so many components! Please have confidence in that! If you don’t want to like the person doing it, fine, but please have the confidence that the system does work.”
“I would like to gently rebut Trustee McHugh,” stated Trustee Guazozni. “We have a constant argument here about whether it is the job of the Police to protect what is on only the land, or both the land and the water. Is it the job of the police to protect our water tanks, or not? If it is the job of the police to protect the water tanks and our water supply and our water company than the water budget should be paying for part of the booth.”
This was met by a loud, mumble of protest from the audience.
Bringing the conversation back to the booth, Gary Pompan commented “We had a vote of the residents of the Village who approved by a huge majority having the booth.” He wanted to know how, both procedurally and administratively, after that occurred that there had been no discussion or provision in the budget for 2017/2018 for the project. He appreciates that they might not have known the exact amount but feels that there should have been a marker or some contingency put in. He believes it is absolutely clear that the Village cannot use any of the Water Company reserves for Village projects because they will be sued by non-Village participants in the company. “Whatever reserves, if they are adequate or not….for the Village…that’s actually what the whole point of the New York State Comptrollers audit. In fact if anybody goes on the website, they can view every municipality in the State of New York having been audited whether they are deficient or not. How that has anything to do with John Ledwith and how it has anything to do with this forensic audit, I think needs to be very clear in the minutes that one has nothing to do with the other. If you go back to the forensic audit, any competent audit accounting firm is going to give you a detailed engagement letter, which we need to see, because the report that comes needs to be on letter head, needs to be signed by the firm and needs to be something that matches what the engagement letter says. I have worked for an accounting firm for 31 years and anything less than that would be absolutely unacceptable to any client and in fact if the Village accepted that, I would say that is a deficiency in the Board’s approach to this. You’ve got to have the engagement letter. It should be available to the public so we can see what was done, what they were asked to do and whether those procedures actually matched up. Going back to the booth, the question I still have is, how is it possible that procedurally nobody put anything into the budget and now whatever the amount is, whichever administration is going to have to deal with this, they are going to be short.” He went on to suggest that the fiduciary responsibility of the Board had been to take and dictate what the residents what the residents requested and wanted.
The Mayor responded that the $75,000 could not be in the budget and had to be in its’ own account.
Mr. Pompan wondered if this was in the Capital Budget and whether it had been earmarked.
Mayor Guinchard informed him that it had been earmarked and was a part of the Capital Budget. This is available for all residents to review if they would like to.
Trustee McFadden commented that they had done the survey and the results made it very clear that the majority of residents wanted a booth. Following this, there was a transaction with a paper road, where there was a donation of $300,000+ that was earmarked for this project in exchange for the sale of the road. There were, however, a lot of unforeseen contingencies with the repair of The Keep and that dug into the fund significantly. The Mayor and the architect had been in agreement that the construction of a new booth would cost roughly $80,000 and the Board had been assured that it could be done for this amount. The project was subsequently put out to bid. Trustee McFadden noted that he had stated on the record numerous times that the drawings were not bid drawings…rather they were design drawings at best and when design drawings are distributed to a contractor, they do a CYA and return with a higher price because they have no idea what the final design is going to look like. There was nothing specified on the drawings with regard to the interiors, no equipment etc. The Village came full circle with a bid that was understandably high given the circumstances and then on the record the Mayor stated that they would be brining the project “in house” meaning that Alan Yassky was going to do the project and get it done for $80,000 in 4 weeks. He does not believe it can be built for $80,000 nor does he think it is a 4-week project. The drawings need to be completed and until that time, there is nothing to discuss. It is not in the budget. He feels it will not be built for $75,000 and that something would have to be done in terms of a seismic shift in order to get it built at this point in time.
Mr. Pompan noted that the project architect had done all the work for free. Stating “you get what you pay for,” he suggested that this was probably not the right approach to have taken. He further suggested that it might have been prudent, when going out on the bond offering, to maybe get an extra couple hundred thousand as opposed to now having to wonder where they will be able to get the money and if the project will ever get done, which he feels is an absolute shame.
The Mayor responded that the Village could not have added another couple hundred thousand to the bonds as they were already “tapped out.” She further suggested that they had needed to prioritize and that while the Village was able to operate without a Booth, they could not do so without water tanks.
With regard to the donation, she pointed out that the funds had been given for the repair of the Keep. Trustee McFadden was present for that process. When the money was brought forward it was for the Police buildings and because the Keep was having to be restored. She further suggested that she had never provided any exact figure for the project commenting “If Trustee McFadden wanted to really get involved, he could have gotten involved! He could return emails! He could return phone calls! He could return texts! …all of which he does not. There is nothing that keeps a Trustee from getting involved.”
Trustee Guazzoni agreed commenting that nobody had really “taken this project by its horns” in the last two months. “ Our plates are very full over here,” he said motioning to himself and the Mayor, “and over here, nothing happens,” he concluded motioning to Trustee McFadden. “It’s easy to grandstand once a month.”
Alan Yassky commented that the plan for the booth that had been drawn does not fit on the site. He is absolutely convinced that it cannot be built. He has priced it out. He believes they could end up with a booth on the $140-150,000 range. The project as most recently proposed pushes so far back that trucks will be able to enter through the Front Gate without hitting either the overhang of the booth or the overhang of the Keep. He believes it needs to be redesigned with workable drawings.
Trustee Guazzoni wondered how long Mr. Yassky felt it would take to complete the project.
Mr. Yassky suggested that it would take two months and that the Gate would need to be closed for almost a month.
“What amazes me,” commented the Mayor “is that so much work has been put into this…and the criticisms that come out of the audience. Nothing keeps you from participating with solutions. I love solution making! It’s so easy to criticize an individual, but its so much harder to stand up and help with solutions. I can say that in this room the only ones that step up to the plate are Mr. Salierno and Mr. Alan Yassky.”
“That’s not fair,” responded Mr. Yassky.
“But I am just saying to really dig your heels in for this project or for any of the major projects“ Mayor Guinchard continued. “A lot of people were criticized or maybe give a suggestion, but really to dig in. It takes everyone’s positive attitude. We have this amazing community…we really do! There are amazing members of this community with lots of great resources and many of them volunteer on all aspects. We have committees that are very active that do a lot of things that you may not know about…Pilgrim Pipeline, the Budgets, the Finances, Tree Advisory Board, The Trail Committee….there is so much good that comes out of this community. I really would encourage us to move forward to get things moving on and to get them going because we could sit her criticizing, but let’s turn the page and find something right and get it going. That’s what this community is about!”
Barbara duPont commented that it was her understanding that since the Police had taken over the Gate that the training now dictated that they must ask visitors where they are going and if they provide an address, they are let in. She has had countless people visit here whereby she has called the Gate and provided the name of her guest, her name and location where they will meet, but when they arrive she discovers that either the Gate was wide open and they were not stopped, or so long as they provided an address they were admitted with no further information required. She is wondering about the security of this community, which is the reason a lot of residents move here and is something they cherish. She feels it has been dramatically changed from the way it used to work and yet she does not believe there has been any public discussion about it.
The Mayor asked Chief Melchiore to address this comment.
Detective Taback responded, commenting that he could speak directly to the question about training as this is something he is responsible for. He feels things are much safer now than they were in the past. “I know what they do because I train them to do it and I sit there with them,” he stated.
Noting that she had a great deal of respect for the Department and everything that they did, Mrs. duPont stated that she was constantly told by visitors that they had not been asked for the name of the person they were visiting when entering the Village. Rather, they are asked if they know where they going and that was it.
Chief Melchiore stated that before leaving the meeting, he would take Mrs. duPont’s name and number so that they could check on this matter and follow up with her directly.
Mrs. duPont thanked the Chief, commenting that she appreciated this, but further wondered if they could explain exactly what the procedure for non-resident visitors entering the Village was.
The Chief reiterated that he would take Mrs. duPont’s name and number and they could set up a meeting to go over the protocols.
Trustee Guazzoni suggested that when and if something like this occurs, residents should report it right away.
“Do they want calls all day? Everybody has a story like this!” stated Mary Graetzer.
“If they do, they should report it,” responded Mayor Guinchard. “If there is something wrong, I encourage you to call.”
Mrs. duPont commented that her perception was that there had been a change and that it was no longer necessary for residents to call the Gate to let them know when they were expecting visitors, who they were and where they were going. She wondered if this were in fact true and if visitors were simply being allowed entry with only a name and/or address.
“No,” replied Mayor Guinchard. “If you’re not on First Call and they say your name, they will open that gate and let them in. If you are on the First Call, they will look on that list.”
“My understanding from the time we moved here 20 years ago was that either you called and left the name of who’s coming in, or if you didn’t do that, they would call you and say ‘is this person legitimate?’ “
“It’s never been like that since I’ve been here,” stated the Mayor. “I was asked if I wanted to be on the First Call list.”
Trustee Guazzoni suggested that Mrs. duPont add her name to this list.
Mr. Pompan wondered if the list was actually still in effect. “I’m on first call and I have never gotten a call since the new Police Department took over.”
“Really? I am called,” asserted Kathy Norris. “If somebody goes to the Gate and asks for me, they call me immediately. They don’t let them in.”
“Well you are the lucky one then,” responded Mr. Pompan.
The Chief reiterated that he would look into the situation.
Lili Neuhauser inquired about the DPW and Police contracts and asked for an update.
Mayor Guinchard responded that the DPW contract was done and that the Board would be discussing the contents of it during executive session, before coming back out and voting on it.
“It’s done now?” inquired Mrs. Neuhauser.
The answer was yes.
“So, on April 12, when you said it was done, was it done then?”
Mayor Guinchard responded that it had been. “Lili, listen to me for a minute. DPW was done in April. They had to vote. All the employees have to get together to finish voting.” She further indicated that this was the first meeting of the BOT since that vote had occurred, and now the Board would be voting on it.
Trustee McFadden wondered what would happen if the DPW were to vote no.
The Mayor responded that this was a question for the attorney adding “if you wanted to know, you should have called me and asked me.”
“Go to meetings once in a while,” added Trustee Guazzoni.
Paul Gluck commented that he wanted to turn back to the subject of John Ledwith and his termination. Stating that he understood that they were not taking any comments, he asserted that he had a few he wanted to make. He read allowed the following, which is part of an online petition formed by residents in the wake of Mr. Ledwith’s dismissal. “Our Village employees deserve to be treated fairly. Terminating an employee is a drastic act. Just because, in theory, an employer can act to fire an at-will employee “for no reason” does not mean that it is the right thing to do. If there is a basis for firing an employee – particularly one of Mr. Ledwith's tenure and history – it should be clearly articulated, documented, and communicated to the employee.
With Mr. Ledwith's absence, the Village, the functioning of its Boards and the success of its ongoing projects – including a major Dam project and a potential rebuilding of the Front Gate – are in danger of being disrupted by the loss of a valuable, perhaps critical, resource.” He further commented that the petition made reference to the fact that there does not appear to be any determination of malfeasance, theft or other serious illegal activity and calls on the Board of Trustees to reconsider their decision to fire Mr. Ledwith and to consider that any transgression could be dealt with in a manner more consistent with Human Resources best practices. In it’s short life online, this petition has been signed by 81 residents including former Mayors, former Trustees, the Chairs and most members of the Board of Zoning Appeals and the Planning Board and many others in this community who have worked with John and found him to be, while perhaps not perfect, a good employee. Mr. Gluck hopes that the Board will not take any action that would prevent a future administration from returning him as an employee if that is the course of action that administration decided to take.
Jim Hays seconded these remarks, further stating that many of the current Trustees were “fairly green” as Board members and that it was possible that they might overreact to a situation, which is understandable. This kind of overreaction can be corrected. He asked the Board to go into an executive session and reconsider their decision in this matter further commenting “you have picked up a hornets nest and a it’s going to come back. You have done many good things and there is lots of good energy but this, I think, was a mistake. That doesn’t mean that there aren’t people who have had trouble with John. That’s understandable. It’s difficult to be a Code Enforcement Officer and not have some people object to what you’re doing if you’re enforcing the code. That can happen. In general, it is the Board’s responsibility to support the Building Inspector and to support the Assessor and not undermine him. He needs to have a certain amount of independence. He should not be at the bidding of the Mayor. He’s not the servant of the Mayor. He is an independent person who has a legal responsibility to uphold the code and for that he needs your support. If you fire him, that leaves a big question for the next Building Inspector. Is that going to happen to him? How independent can he be if for some reason….and we don’t know what the reason was….and that makes it very difficult for us. Please go into executive session and reconsider. I think it’s important and I think it would be the best for all of you if you do. If you don’t, which you may not, then there will be a lot of questions that are asked and I think there should be an investigation into his firing. One or two Trustees can initiate this investigation and I think it should happen. There are a lot questions that need to be asked. Some of those questions have already been asked, but I have a list of 8, which I want to read into the record.” Noting that some of these questions had already been posed, Mr. Hays then read allowed the following:
Did the Board of Trustees vote to fire John Ledwith? When? What was the resolution and who voted in favor and who against? If any Trustees abstained or did not vote, why? What were the terms of the termination given to John? How did John respond?
Was John given a reason why he was being fired at or before the time he was told? If so, what was it? If not, why not?
One Trustee has been reported as saying that the Board engaged a forensic accountant to review John’s performance of his duties in relation to the Village Water Department? Is this correct? Who was the firm, when were they engaged, what was their scope for work, and what was their report? Was there a written report? If so, please make it publicly available. If not, why was there no written report? Did they make a recommendation regarding John’s termination? If so, what was it?
Did the Board or the Mayor make a determination that John was guilty of misconduct or was incompetent? If so, what was the misconduct or conduct found to be incompetent? Was John accused of any dishonesty or illegality? Was John informed and given an opportunity to explain? If so, what was the explanation he offered and why was it insufficient?
When was John’s last performance review? Was the same or similar misconduct or incompetence noted in his performance review? Was the performance review generally favorable or unfavorable?
Did the Board seek legal advice regarding the conditions under which it was permissible to remove John from each of his positions with the Village before he was fired? Was that advice in writing? If so, please make it publicly available. If not, why not?
Was the Board advised that John was not entitled to the protections of Section 75 of the Civil Service Law which provides in substance that an employee in the non-competitive class with five years of continuous service may be removed only for misconduct or incompetence?
Did the Board obtain before John was fired any advice from employment professionals regarding how the Village could find a replacement for John in his various functions and the likely cost? If so what was the advice? Has such advice been sought since then?
“I hope it won’t come to all of this, but it will come to all of this…..please reconsider,” pleaded Mr. Hays, handing a copy of his questions to the Village Clerk. “It was a horrendous move for somebody who has been here for 22 years. How many Boards of Trustees have served with John? How many Mayors have served with John? And none of them felt that his performance rose to a level where he should be fired. He may have made some mistakes. We all do. I am not arguing that he didn’t make mistakes…he probably did! We all make mistakes. But were they at that level? I think in the minds of most of the people in this community it has to be very egregious to fire him and do it so precipitously. Thank You.”
This was met by a loud round of applause from the public.
Trustee Guazzoni responded “Had it not been serious, we would have waited until June 21 to terminate him. Just think about that. Secondly, you are requesting a lot of information that could really hinder this individual from getting his next job. I personally care about this individual and his not been impeded from further employment. Please keep things off of the internet and off of searchable engines. Your petition is very searchable on Google. Use his initials please.”
Mr. Gluck suggested that the petition was actually quite favorable to Mr. Ledwith and rather that it reflected poorly on the Village for having acted the way they did.
Commenting that he had previously determined not to speak on this issue but could no longer help himself, Alan Yassky stated “Claudio, I sat here at the reorganization meeting in 2016 and you jumped on his bones from day 1. You didn’t want to reappoint him. You didn’t want any part of him. We’ve got the tapes inside and I’m sure we could bring them out and listen to them. You went on for 30 minutes, where you wouldn’t reappoint him…where you wouldn’t do this or you wouldn’t do that. Bottom line, I want to ask two questions. 1. If my company is ever audited, and they find something wrong, they don’t go after the employees….they go after the employer. You guys are the employer. If you didn’t like what was set up in the books, you damn well should have changed it! PERIOD. You were the supervisors. 2. I’d like to know if anyone that voted against him, or anyone on the Board applied for certiorari formal or informal to have their taxes reviewed that John turned down. That’s a serious charge! That is a serious conflict of interest, if you asked for one and were turned down. I know you were turned down Claudio.“
“I wasn’t turned down,” responded Trustee Guazzoni. “I didn’t get one and I wasn’t turned down. I had to go to Article 78.”
“Bottom line is, I think there is something very wrong if you have an employer going to an employee and asking for a special favor…reduce my taxes….with the implication being that if you don’t, you’re in trouble,” alleged Mr. Yassky.
“That’s not what happened,” asserted Trustee Guazzoni.
“Well, it may or may not be, but the implication is there,” responded Mr. Yassky.
“You could grieve publicly,” suggested Mr. Hays.
“Couldn’t you say the same thing if you needed an approval for your house and you’re a Trustee? Isn;’t that bias?,” inquired Mr. Niblo. “John if you approve this you are going to lose your job. It’s the same thing! It should be separate then! That’s the way it should be.”
“Or your boat house….right Alan,” added Trustee Guazozni.
“I don’t know what you are talking about,” responded Mr Yassky.
“Yeah, exactly,” retorted Trustee Guazzoni.
“Because that’s another lie you have been working on,” alleged Mr. Yassky.
“This is turning out to be a little too combative,” suggested the Mayor.
Trustee McFadden commented that with all due respect he felt there was a something with regard to which he needed to defend himself, but the Mayor asserted that with all respect she wanted to move on.
“No,” stated Trustee McFadden. “There is something I need to say.”
“I would like to close the Public Comments. We will move on to the DPW,” stated Mayor Guinchard. “I’m so sorry.”
DPW Report:
DPW Superintendent Jeff Voss reported that the department had been very busy with work on the Wee Wah Dam. They have been working on both water and sewer mains there. Additionally, both he and John Bello attended CSLAPS training the previous week.
Mayor Guinchard wondered if there had been any resident volunteers who completed the training as well.
The answer was no.
The Mayor then asked Trustee McHugh if there was a reason why there had been no volunteers at the training.
Trustee McHugh responded that they had been encouraging volunteers however the theory behind their process was that they were trying to institutionalize things for the purpose of ensuring continuity throughout. What they are going to try and do is to encourage students who are interested to go out with either Superintendent Voss or Mr. Bello when they are performing the work, so they can learn that way.
The Mayor pointed out that both the Superintendent and Mr. Bello were also Village residents.
Village Engineer Pat Hines agreed, commenting that they had discussed this with the NY Federation of Lakes, that in order to keep the program going the Village would be utilizing Village Employees.
The Superintendent also reported that he had recently attended an Orange & Rockland seminar on Smart Readers that would be installed in Orange and Sullivan counties beginning in 2018. Three months prior to installation, Orange and Rockland will come and give a presentation about the program to the Village, if the Village so chooses.
Trustee Guazozni wondered whether this would cost the Village anything.
Superintendent Voss responded that there would be a rate change. He added that they are hopeful that it will help decrease the length of power outages amongst other things as the readers relay information to O & R every 15 minutes.
Mary Graetzer wondered if they would be installed in the Town as well as the Village.
The answer was that they would be installed throughout Orange and Sullivan counties. They have almost completed installation in Rockland.
Trustee McHugh then pointed out that the DPW had lost an employee that was not replaced and that the department had also come in under budget for the fiscal year. Additionally, they had been tasked with helping the Tree Advisory Board and had done a wonderful job and now have been asked to take on the CSLAPS program, which they have done without protest. With all of this in mind, he suggested that the Community owed the DPW a tremendous amount of gratitude.
This was met by a loud round of applause.
Building and Grounds Report:
Engineer Pat Hines reported that over the course of the last 3 weeks the Building Department had performed 3 municipal searches, worked on 2 tree complaints, handled 1 property maintenance complaint, worked on a dock permit, having 2 building permits under review, issued 1 referral letter to the BZA, worked with Version to review some potential small cell tower sites, and have 4 pending complaints to be reviewed over the next several days.
Trustee McHugh inquired about current building projects that had been approved by the BAR and were in the construction phase. He wondered whether these were being monitored.
The answer was yes.
Mayor Guinchard added that things were progressing right on schedule with the bond issuances.
Mr. Hines commented that they had also been working on an issue with the chemical storage tank at the Water Plant. They are looking to change over to a non-hazardous product. They have done some preliminary testing with not very satisfactory results, so they are continuing to work on it.
Lakes Update - Trustee McHugh provided a brief update on the lakes, reporting that divers had installed a fragment curtain earlier that day in Tuxedo Lake. CSLAPS will begin in June. Solitude Lakes Management will complete a survey in early June and mid-June they will do suction harvesting in high traffic areas.
Mayor Guinchard suggested that they needed to vote on authorizing Superintendent Voss to move forward with a copper sulfate treatment if needed.
Trustee McHugh countered that what they actually needed to vote on was Solitude’s annual Lake Consultant contract. This includes $870 per month consulting fee with up to 7 hours per month. Additional hours are $145 per month. Having Solitude attend a meeting will cost $250 and site visits are $360. What they would like to do is get the consulting fee up and running so that they can start analyzing the CSLAPs data and providing recommendations…then dovetailing this with the mapping of Tuxedo Lake.
Mayor Guinchard wondered who would initiate Copper Sulfate treatments if needed.
Trustee McHugh responded that these treatments cost $2,000 and they could decide upon that if and when they were needed.
The Mayor recommended that they approve the consulting as well as one treatment, which would allow Superintendent Voss the flexibility to move forward if needed without having to chase down paperwork.
Dena Steele inquired as to what reports Solitude would be giving, specifically whether there would be a monthly, written report detailing what they had done and found.
Trustee McHugh responded that they had the survey and things would be framed moving forward. He would like a monthly report that dovetails in with the CSLAPS so that they have a hard copy that everyone can see.
Ms. Steele wondered if providing these written reports was built into the contract.
Trustee McHugh responded that it was not, but they could amend the agreement to add this.
It was agreed that this would be a good idea.
With regard to Pond #3 and the Wee Wah, Jim Hays wondered if anything would be done in these lakes, noting that the Wee Wah is in critical shape due to the low water levels.
Trustee McHugh responded that this would be addressed following the site visit. They will be forming a resident based committee and once this has been done, they will complete a collective walk of the three lakes in order to more clearly define what they are looking to do and develop an approach.
Mr. Gluck wondered if Solitude would be looking at the data that the Village has collected via CSLAPS and the Water Department and providing an assessment.
The answer was yes. “What we are trying to do is get a trend analysis and a living document so that everyone can see it,” noted Trustee McHugh.
Mr. Hays wondered whether the Gate was speaking to landscapers about the use of phosphates.
Chief Melchiore responded that they were not.
Mr. Hays suggested that they should. “We went through all of this months ago,” he continued. “This should be done early in the season when they do it! That should have been happening two months ago and it should certainly happen now!”
Mayor Guinchard added that she and Superintendent Voss had been investigating different ways of treating the roadways during the winter as the use of salt near the reservoir is a concern.
She then proposed that with regard to the proposed contract they only approve 1 copper sulfate treatment. If it is in Tuxedo Lake this will cost $3,865 and if it is in the Wee Wah $1,375 and Pond #3 $895. Due to construction on the dam, the Wee Wah will not need a treatment. Solitude will be consulted before any such treatment.
The Board voted unanimously in favor of this.
They then voted unanimously in favor of hiring Solitude Lakes Management at the fee structure aforementioned by Trustee McHugh with the addition of a requested written report.
Herbert Dock - The Board then briefly reviewed the Herbert dock application, which was recently approved by the BAR and has now been referred to them for the issuance of a Building Permit.
Following the brief review, the Board voted in favor of approving the application with Trustee McHugh recusing himself and Trustee McFadden abstaining.
CHS-EWA – CHS has presented their EWA # 6 in the amount of $301,000. At the request of Trustee McFadden, the Mayor provided a brief breakdown of this. At the end of the project the as-built survey is updating the emergency plan, end of the as-built is $23,800. Any instrumentation that is needed, $2,500 and other estimated material testing up to $6,000. When added to the existing approved numbers, this brings the total to $301,000.
The Board then voted unanimously in favor of approving the EWA.
Committee Reports:
Grant Writer - Noting that the conversation during Public Comments had been very spirited in nature, Grant Writer Fred Rella that the community had come together beautifully at the Arbor Day celebrations at the Race Track at the end of April. He feels that it is possible for people to come together for the good of the community.
Moving on to the Wee Wah Dam, he noted that when he first started working in the Village this project had a projected cost of $2,000,000, but it was now up to $4,000,000 +. CHA has been paid almost $500,000 since October of 2015. The Bond is $3,650,000. The State of New York has not had any grants for dams since 1996. There are 5,800+ dams in New York State. 40% of these are in need of repair. This dictates that they needed to look at non-traditional routes for getting funding for this project. They were lucky enough to get two small grants of $50,000 each through the Municipal Facilities and Capital Improvement Program. Mayor Guinchard attended an event in Woodbury at which the Governor was present and she managed to catch his ear and inform him of the project. As a result, a meeting was held with the Governor’s regional representative, which was followed by a meeting with the Deputy Secretary of the Environment up in Albany at which a presentation was given. The presentation was given at a crucial time as Albany was in the process of developing their budget. Since this time, they have learned that the Governor has set aside $100,000,000 for dams for the first time since 1996! The money will not be available until the fall of 2017 and the Village will have to apply for it, but it is very good news that they were able to get up there and make progress in this way. It will not only benefit the community of Tuxedo but many communities in the area.
Trustee McFadden inquired as to how much the Village would be applying for.
Mr. Rella responded that the monies could not be used for work that had been completed prior to the availability of the grant, so they will have to wait and see where they are in the fall when the monies become available.
Mr. Rella further reported that the Village would be receiving 3 license plate readers…once for each Police Vehicle. The New York State Police will be paying for the scanning equipment, installation and printer.
Trustee McHugh wondered why the readers were going into the police vehicles instead of being installed at the Village entrance.
“There’s no grants for the entrance,” responded Trustee Guazzoni.
Trustee McHugh wondered whether the scanners could be converted.
The answer was no. The reader will have to go into a vehicle.
Lastly, with regard to the 103DOD program, which provides surplus equipment via the Department of Defense, Mr. Rella reported that both Chief Melchiore and Detective Taback had worked diligently and had been able to acquire some weaponry and would be going out for ammunition as well.
Trustee McFadden inquired as to what type of weaponry had been acquired.
The answer was long rifles.
The Board then voted unanimously in favor of extending Mr. Rella’s contract from June 2017 to May 2018 at a rate of $2,000 per month or $24,000 a year.
Trails Committee- On behalf of the Trails Committee Trustee Moon reported that the Fox Hill trail had been walked a few weeks ago and was in good shape. Work is being done to connect the wild life sanctuary to the trail system and this is almost completed.
Liaison Reports:
Trustee McFadden reported that nothing had changed since his last report with regard to term limits. In terms of Village properties, he reported that he had been working with Mr. Ledwith and this had been very helpful. He wondered if he should work with Mr. Hines moving forward.
The Mayor responded that he should and further inquired as to which properties had been looked at what had been done so far.
Trustee McFadden replied that everything had been put on hold since the departure of Mr. Ledwith.
With regard to the Village website, Trustee Guazzoni reported that the new site had gone live, but remained as a Beta version. It can be found at www.tuxedopark.online. He would love comments and suggestions. Once comments have been received, the old website will be pointed to the new one. There will then be 4 ways to access the new site.
Trustee Guazzoni next reported that he had been working with Verizon wireless and that a location had been determined for the installation of a new cell tower. “If all of the community doesn’t have 5 bars, I will be very surprised,” he stated. It might take more than one antenna, but the goal is to bring 5 bars of Verizon wireless to all residents. This is important because it limits radiation to the brain during cellphone usage.
Mary Graetzer inquired as to where the property was located.
Trustee Guazzoni responded that they were looking at Village owned properties such as the Ridge Road water tanks and the Water Plant. The rent is $3,000 per antennae.
“Do we all have to convert to Verizon?” inquired Trustee McFadden.
“I didn’t knock on AT & T’s door yet,” responded Trustee Guazzoni. “Maybe you can do that.”
The Board then adjourned into an executive session to discuss contracts and employee matters.
When they restarted the meeting after their session, the following actions were taken:
- Approval of the purchase of a water meter reading device which will interface with the Village’s current software for a price up to $2000.
- The settling of two water bill accounts
- Approval for Mayor to sign the DPW contract/memorandum of agreement to run from June 1, 2016 to May 31, 2020.
Agenda for Village Board of Trustees Meeting, May 17, 2017
1. Call to Order
2. Pledge of Allegiance
3. Mayor's Update
4. Police Report
5. DPW Report
6. Building & Grounds Report
a. Herbert Dock Request
7. Committee Reports
a. Grant Writer
8. Solitude Lake Management Contract
9. Public Comments
10. Audit of Claims
11. Approval of Minutes
12. Adjournment
Special Village Board of Trustee Meeting To Be Held Monday, May 8 at 9am
Please be advised that the Board of Trustees will hold a special Board of Trustees meeting at 9:00 a.m. on Monday, May 8, 2017 for the purpose of authorizing the Orange County Real Property Tax Service to assist the Village with its current 2017 Village tax billing and any other necessary functions as required by NY State and Orange County for 2017 property tax billing. The meeting will be held in the Village Hall, 80 Lorillard Road, Tuxedo Park, NY 10987. Please note that Trustee John Moon will be attending via Face Time from 570 Lexington Avenue, NY, NY 10022
BY ORDER OF THE BOARD OF TRUSTEES
Deborah A. Matthews
Village Clerk-Treasurer
The Village Board of Trustees held a special meeting on Friday April 28 at 7pm.
Trustee Moon was absent.
Board attorney Brian Nugent participated via conference call.
Mayor’s Update:
Mayor Guinchard opened the meeting by announcing that the Board had a few “housekeeping” issues to attend to before moving on to their agenda.
The first of these was two create two seasonal civil service positions for the DPW so that they can hire summer help. Historically, these employees have made $10 per hour, but the pay rate has not been set yet. The Board voted unanimously in favor of creating the positions.
Secondly, the Mayor proposed that they create another civil service position for a part time assessor.
Trustee McFadden inquired as to what the background was with this, wanting to know specifically what the Village’s plan was and who this person would be.
The Mayor explained that they would not be voting to hire a person but rather to create the position with Civil Service.
Trustee McFadden wanted to know if this person would be hired to replace John Ledwith.
Trustee Guinchard responded that the Village has never had a Civil Service assessor before, even though they thought that they had.
“So what’s the basis of it and why are we doing it?” inquired Trustee McFadden.
Mayor Guinchard called on Mr. Nugent to explain how the process worked with Civil Service.
Mr. Nugent explained that the Village did not currently have a proper assessor with Civil Service. If they wanted to fill this position, they would need to create it.
“We thought it was in existence. They told us it wasn’t in existence, so we have to create it,” summed up Trustee Guazzoni.
Trustee McFadden inquired of Mr. Nugent as to any additional costs that might be associated with the position change.
Mr. Nugent responded that there was no cost involved in creating the position.
Trustee Guazzoni suggested that the position should have been created back in 2006.
Mr. Nugent concurred.
Trustee McHugh inquired of Village Clerk Debbie Matthews how the Village had managed thus far without having this position and whether or not the State had ever come down on the Village for it that she was aware of.
She responded that she had not seen anything of this nature.
“Well….now that they know….” commented Mayor Guinchard. She then inquired of Ms. Matthews as to what the State might be able to do to the Village if they did not create the position.
Ms. Matthews suggested they ask Mr. Nugent this question, which they did. Trustee Guazzoni also wanted to know what consequences might be for the Village since they had had somebody acting in this position for years without the proper designation.
Mr. Nugent responded that he did not believe there would be any consequence. Moving forward, without the official title, Mr. Nugent advised that the State could withhold certification of payroll. This being said, he further stated that in his experience the State wanted to work with municipalities and not against them.
Trustee McFadden wondered whether the Village was required by law to have this a Civil Service position.
Mr. Nugent replied that the Village was not required to have an assessor and that they could choose to have the Town assessor perform the duties. If they do not want to use the Town’s assessor, they would need to create the position. Mr. Nugent was not sure what the consequences might be for personnel if they refused to create the position.
Trustee McFadden reiterated that what he wanted to know was whether or not the Village needed to create a Civil Service position in order to hire their own tax assessor.
The answer was yes. Mr. Nugest further advised that any municipal position has to have a Civil Service title, except for elected officials.
Again, Trustee Guazzoni wanted to know whether Mr. Nugent felt the Village would be subject to penalty because the position had not been created in 2006, but the Village had utilized personnel that they referred to as the tax assessor for the last 11 years.
The answer was no.
From the audience, Planning Board Chair Joanne Hanson inquired as to whether or not the public would have the opportunity to ask questions about this.
“No. Not right now….just so we can keep moving,” responded the Mayor.
“Why not?” inquired Ms. Hanson asked. “When?” chimed in another audience member.
“There are no public comments tonight. This is a special meeting on the budget,” stated Trustee Guazzoni.
“You are not talking about the budget,” stated Gardner Hempel.
“You are talking about the assessor and the legal questions regarding it,” added Mrs. Hanson.
“I don’t think we are going to have public comments tonight,” stated Trustee Guazzoni.
Mayor Guinchard suggested that they either had to create the position or use either the County or Town assessor.
Trustee Guazzoni echoed these sentiments, repeating what the Mayor had just said verbatim.
Trustee McFadden stated that he would be abstaining because this issue had been brought up for the first time only minutes ago and he had not had the opportunity to fully examine it.
The Mayor suggested that they could table it, if Trustee McFadden preferred.
“I don’t think we have a person in mind,” added Trustee Guazozni.
Trustee McHugh requested that Mr. Nugent write something up for the Trustees detailing what the Village’s options were so that they could make an informed, intelligent decision at their meeting.
It was agreed that this would be done.
Next, Mayor Guinchard announced that there were two Solitude Lakes Management contracts to be considered. The first is for a plant survey of Tuxedo Lake and the other is for an aquatic plant algae control of Tuxedo Lake.
Trustee McHugh explained that the first contract would cover a plant survey of Tuxedo Lake, replicating the work that was done in 2011 and evaluating the extent of the milfoil. Once this has been evaluated, Solitude will present the Village with an estimate in terms of what it would cost for chemical treatment, should they choose to go that route vs. the mechanical route the Village has been employing to date.
The survey will cost $4,050, which is the same amount that was spent previously for this study.
The second contract is open ended but free. This one asks for permission and will provide a cost structure and table of all the different pesticides or chemical treatments they might use and what the cost is on a per acre basis.
The Board then voted unanimously in favor of approving the first contract, but decided to table the second one.
Resolution – 2017-2018 Tentative Budget:
Mayor Guinchard explained the following:
“When we passed the budget on April 19, there is actually a way that the comptroller wants the tax caps to be looked at by a formula that is online and you have to actually do part of your budget online now. So when that’s done….it formulates it.”
She went on to say that the auditor had taken a look at this, along with Ms. Matthews and had discovered some things that needed to be done for a prior year as well “because that’s how it is done now going forward with the Comptroller.” With this, she reported, there was a decrease for residents as taxpayers, but this needs to be calculated and done correctly. The Mayor then circulated a copy of the calculation to the Trustees for their review. She then announced that the levy would be going from $3,608,453 to $3, 593,828.
She then made a motion to rescind the motion they had made on April 19, adopting the General Fund.
Trustee McHugh commented that his issue was this pertained to an inter-fund transfer of $12,000 from the water fund to the general fund. His philosophical problem here is that residents in the Town pay into the water fund and therefore, he believes those funds should stay in the water surplus and not be moved over to the general fund.
Trustee Guazzoni responded that this was a good point. He then proceeded to outline, presumably for the audience’s benefit, the manner in which the General Fund and the Water Fund exist as well as to recap of what Trustee McHugh had just said. He went on to suggest that the reason the money was being transferred was to cover administrative fees associated with the Water Company, which is technically run out of the Village Office using Village equipment. He further commented that New York State allows up to $1,000 per month to be transferred to cover administrative fees, covering costs such as computers, phones, and everything else they use in the Village Office.
Trustee McHugh countered that the Water Department already had phones and other administrative bills that the Village had already paid for these and these were appropriately accounted for within the budget.
“But what happens in this office is not appropriated for,” responded Trustee Guazzoni.” “Debbie’s time and the manager of the Water Company and the computers and the air conditioning and the internet and the lights and heating this place in the winter.”
“I think we allocate personnel time for that,” responded Trustee McHugh. He went on to indicate that he had also noticed that they had “jacked up” and taken more money from the appropriated surplus. “so there has been two changes.”
“No, we brought it down,” responded Mayor Guinchard.
“No, you took it from $65,940 to $67,482,” he replied referencing the budget before him.
The Mayor indicated that this needed to be done in order to balance things out.
Finally, Trustee McHugh noted that the budget did not account for rebuilding the Police Booth.
The Mayor concurred.
“So the budget for 17/18 does not include the Booth and we have $70,000 left over to do the Booth, if we can do the Booth,” stated Trustee McHugh.
“That is its own fund,” replied Mayor Guinchard.
Going back to the $1,000 per month transfer from the Water Fund to the General Fund, the Mayor noted that the auditor had told them that if the Village used employees in the Village office to stuff the bills and putting postage on them, they should be doing an inter-fund transfer to cover these costs.
Trustee Guazzoni commented that they should have been doing this all along but were not. “We are just being more transparent,” he stated.
This was met by widespread laughter from the public.
The Board then voted unanimously in favor of rescinding the General Fund budget adopted on April 19 and approving the new, revised budget.
Next they addressed the Water Fund, voting unanimously in favor of rescinding the budget they adopted on April 19, and approving the revised version.
Resolution – Modify 2016-2017 Adopted Budget:
Mayor Guinchard explained that the auditor had recommended that they modify the adopted 2016/2017 Water Fund budget to include the $12,000 inter-fund transfer for the purpose of reimbursing the General Fund for administrative costs.
Trustee McHugh commented that he would like to see the recommendations from the auditor before he voted on this issue. “I prefer to see it in advance, before the meeting,” he added.
It was then agreed that this would be tabled until the next meeting.
The meeting was then adjourned.
Lili Neuhauser inquired of the Mayor as to whether or not the audience would be allowed to make any comment on the situation with John Ledwith.
“There is no public comment. We were just doing a budget session,” responded Mayor Guinchard.
“So from this point forward, if it’s inconvenient, we’re not going to able to ask questions about the people we pay the salaries for?” Mrs. Neuhauser replied.
“This meeting is adjourned,” stated the Mayor.
“Truly I think that you owe this community some sort of explanation.”
Mayor Guinchard suggested that she allow the Village Attorney to respond to this line of questioning and proceeded to call him on the phone.
“We are paying the lawyer’s fee too,” shouted Manda Sanandaji. “So why don’t you get him there and we can ask him the question.”
“But Brian is not the one who fired him, Mary Jo. It’s not a Brian question,” suggested Nancy Hays. “We are asking you directly.”
By this time, Mr. Nugent had answered the telephone and Mayor Guinchard asked him to address the issue at hand.
“Mary Jo, with due respect, the question was for you and not for the attorney,” called out an audience member. “You are the one that fired John and we would like an explanation as to know why.”
“Brian?” responded Mayor Guinchard, adding “the lawyer has stated that we cannot discuss employee matters in public. We can only discuss it in Executive Session.
Brian, can you explain that we cannot discuss employee matters in a public venue?”
Mr. Nugent responded that this was a true statement.
“I believe you can call an Executive Session and invite anybody you want to,” suggested Gardner Hempel.
The conversation with Mr. Nugent was then terminated.
“Wow…you’re not going to go there, are you?” demanded Mrs. Neuhauser.
“No,” replied the Mayor.
“That’s really great Mary Jo. You guys are just wonderful. Nice Job,” Mrs. Neuhauser responded.
“We cannot discuss employee matters.” The Mayor reiterated.
“You are talking about transparency? This is not transparent!” called out one audience member.
“We are the taxpayers! We pay the taxes and we are entitled to know why,” stated Mrs. Sanandaji.
“What is your name, Maam?” inquired Trustee Guazzoni.
Mrs. Sanandaji responded, identifying herself and indicating that she and Trustee Guazzoni knew one another. She further suggested that Mr. Ledwith had worked for the Village for 22 years. “I don’t know when you came. I have lived here since 1979 and I feel that I am entitled as taxpayer, who has been living here since I was 29 years old, to know why you fired this guy. Tell me why.”
“The official reason that we fired him was no reason,” stated Trustee Guazzoni.
This was met by a chorus of laughter combined with cried of disbelief from the public.
“In this way, the Village cannot be sued,” continued Trustee Guazozni.
“Don’t hold your breath,” called Mary Graetzer.
Trustee Guazzoni indicated that there was more to the story that would come out as time went on.
Mrs. Sanandaji commented that Mr. Ledwith had been a loyal employee of the Village for years.
“Be patient. Two weeks from now we can tell you the full story,” responded Trustee Guazozni.
“In light of the bonds you are taking out and the projects we have in front of us, you think it is prudent to go forward without this man and his wisdom of 22 years?” asked Mrs. Neuhauser.
“We cannot discuss….” began the Mayor.
“Tactical error you guys,” suggested Mrs. Neuhauser.
“Lili,” responded Trustee Guazzoni, “this employee’s wisdom closed Tuxedo Road for two years.”
“That’s not a point that matters, sir,” suggested Ms. Hanson.
“Oh, now you’re putting that on him,” Mrs. Neuhauser stated. “That’s nice Claudio!”
“It wasn’t him alone, Lili,” replied Trustee Guazzoni. “None of the roads were closed…uh….you know…”
“I would like to talk just structural matters,” stated Mrs. Hanson. “Are we allowed to have a Building Inspector who also the assessor, and can you please give us the statute that refers to this?”
Mayor Guinchard indicated that she had Ms. Matthews had spoken to Civil Service and had asked them whether a full time employee could be a Building Inspector. She asked Ms. Matthew to expand on the conversations they had had with Civil Service.
Ms. Matthews responded that Civil Service had told them that they could create a position to accommodate the situation.
“….and what was their comment when we were trying to accommodate?” inquired the Mayor. “That everything was a conflict.”
“There is an inherent conflict between somebody who is…” began Trustee Guazzoni.
“No,” interrupted Ms. Hanson. “I am asking for the statutory prohibition.”
“Well, we were asked not to do it. We didn’t…” began Trustee Guazzoni.
“It’s the rules that they put on Civil Service. It’s how it is. Orange County,” stated Mayor Guinchard.
Ms. Hanson responded that she had read all 49 pages of the Orange County Rules and had not seen this statute anywhere.
“State rules,” interjected the Mayor.
“I think what the audience is asking for is the legal statute that you are moving forward on,” suggested Ms. Hanson. “You are trying to create an independent assessor position.”
“The County Law is stronger than the State Law,” responded the Mayor.
“You have made that statement. I have read the entirety of the County rules today, and I have read the description of Building Inspector. I’ve read the description of….”
“It can’t be vested in the same person,” interrupted Trustee Guazzoni. “I cannot tell you why. There is a letter of opinion.”
“A letter of opinion….not a statute,” responded Mrs. Hanson.
Trustee Guazozni suggested that the letter of opinion explained the statute.
“Can we please, as a Village, see that letter so that we can assess it?” asked Ms. Hanson.
Trustee Guazzoni stated that the reasoning behind the split of power between the Tax Assessor and the Building Inspector was that information gleamed from being a Building Inspector could not be used on the tax assessment side. “You do not have to allow the Tax Assessor onto your property. If you say ‘stay off my property’ to the Tax Assessor, he has to stay off of your property. He can look at your property from afar. A Building Inspector, when he is on your property, he cannot use that information and give it to the Tax Assessor. You can’t do that.”
Ms. Hanson responded that she appreciated this discussion but what she was trying to understand was whether or not there was a legal statute or a prohibition.
“It’s really kind of a simple thing,” stated the Mayor. “You can have a Building Inspector. You can have a Tax Assessor. You can have many positions in the Village, but there are certain positions you can’t hold at the same time.”
“and I am saying…where is the Statute?”
The Mayor explained that every employee has to be part of Civil Service. Certain positions can be combined, but others cannot. “Debbie and I have been on the calls with Civil Service for….a year and a half? Well…since we got the Chief.”
“Those powers were invested in the same person in 2006 by McFadden when he was Mayor,” suggested Trustee Guazzoni “and he didn’t check with New York State, He didn’t check with Orange County,…he just…..”
Ms. Hanson stated that she felt she was asking a fairly straight forward question. She reiterated that she had read the entirety of Orange County’s rules and was asking for the specific statute to back up what Trustee Guazzoni and the Mayor were suggesting.
“I am no lawyer,” stated the Mayor “but Civil Service pretty much said that we could not do it.”
Ms. Hanson wanted to know who the Mayor had spoken to at Civil Service.
The Mayor responded that Ms. Hanson should call them and ask. She felt certain that they would confirm the fact that the Village was not allowed to combine these positions.
Ms. Hanson responded that she would be happy to call Civil Service. “I believe that page 27 of the Orange County Rules says that one can create a special position. So, the question is, is there a statutory prohibition against combining the Assessor and Building Inspector?”
Mayor Guinchard suggested that Ms. Hanson should speak to Mr. Nugent and go through all the legalities involved as there are Case Studies to support this. “I cannot explain to you more on these issues. There are certain positions….”
“So we fired John because of this?” inquired Mrs. Neuhauser.
“No,” responded Trustee Guazzoni. “We fired John because of no reason.”
The Mayor suggested that she and Ms. Matthews had been working on the Civil Service situation for over a year.
“Do you feel good about what you have done?” Mrs. Neuhauser asked.
“It was very difficult,” replied Trustee Guazzoni. “Lili, he and you closed the road for two years…so stop it.”
This was met by a cry of outrage from the public.
“We cleaned up your mess,” continued Trustee Guazzoni.
This angered the Public even further.
“Now you are pushing it way too far,” cried Mrs. Neuhauser.
“Oh Come on,” stated Mrs. Sanandaji. She went on to suggest that clearly it was “very easy” for Trustee Guazzoni to drop other people’s names, but it was entirely inappropriate for him to call an ex-Mayor out for something that had nothing to do with the issue at hand.
“It’s John Ledwith’s and her fault,” replied Trustee Guazozni. “both of them. They share responsibility.”
“Oh nice Claudio,” shouted Mrs. Neuhauser. “Be a man! Seriously! Unbelievable!”
Mayor Guinchard attempted to bring things back under control by stating that anyone employed by the Village had to be on Civil Service.
“We saved the future of the Village,” countered Trustee Guazzoni.
Chiu Yin Hempel commented “I am not a political person, but given the fact that you guys are so convinced that on the issue of Tax Assessor and Building Inspector cannot exist in one person and you cite that there are statutes to this effect, conversations to this effect, is it not possible for the sake of transparency (which is the word for government these days) to email one of us as a representative that precise statute and the precise numbers of the people that you have consulted with so that we can actually see for ourselves and convince ourselves that this is the case. Even if you are right and we can’t have the Building Inspector and the Tax Assessor exist in the same person, what Debbie just said is that you could create a new position that can reclassify it or whatever it is. In my limited life as an executive, not government….I have never been in government and looking at this I have no desire, but in the executive world, which I hope is not that far away from government otherwise we would have a hell of a government, is that a person can leave for broadly three reasons: 1. Cause, which is like embezzlement, sexual harassment, murder and kidnapping. 2. Performance, which would be subject to job description, performance reviews, warnings etc. or 3. Redundancy/reorganization issues.”
“You left out a forth reason,” suggested Trustee Guazzoni.
“No reason?” inquired Mrs. Hempel.
“At will, yes,” responded Trustee Guazzoni.
“The entire New York State is at will,” suggested Mrs. Hempel. “We minimized the risk to the Village,” stated Trustee Guazzoni. “We have done everybody a favor. You will see in the future.”
“I would submit,” added Paul Gluck “that there are a number of people who believe that the risk to the Village is significantly greater today than it was three weeks ago.”
There was a chorus of agreement from the public.
“As a lawyer I think you should get the file, look at the file and don’t opine before you open up the file,” responded Trustee Guazozni.
“As a lawyer, I think the administration should hand that file over to a select committee of the community and let them take a look at it.”
_________O’Sullivan wondered whether the dismissal of Mr. Ledwith had been a unanimous decision of the Board.
“It was a unanimous decision of the people who were here voting,” replied Trustee Guazzoni.
“Answer the question!” called out various members of the public.
“There are five trustees…” stated Mr. O’Sullivan.
“Of the five, one had to go home early and the other left in the middle of the discussion. It was a unanimous decision of the three people who were here.”
“Given the seriousness of the issue at hand,” suggested Mr. O’Sullivan, “would you not say that all five should have remained for the vote?”
“No,” replied Trustee Guazzoni. “One went home and the other left.”
This elicited several cries from the audience suggesting that the issue should have been tabled without the benefit of a full Board to vote on it.
“You tabled many things that were of far less significance than this tonight,” suggested Rob McQuilken. “This is a very big issue.”
“I would just like to make a comment very quickly,” stated Mayor Guinchard. “We hear you. We have more information than you have. I am not going to discuss an employee because I think that is not appropriate. We cannot discuss, as I am sure many of you are in corporations and have your own businesses, we would never discuss an employee matter in a public manner that goes on the internet. It is just not appropriate at all. I don’t know of any company…”
“Actually,” responded Mr. McQuilken “it has ended up that there is a great deal of speculation and gossip that is all over the internet in the absence of any clarity from you.”
“That is unfortunate,” replied the Mayor. “I did not put anything out at all. You didn’t see a thing from me on the internet.”
“Well it was somebody who claims to be privy to a lot of sensitive information that is now, in a half-assed way, circulating in the public. That’s not acceptable,” responded Mr. McQuilken.
“Well, that isn’t acceptable,” agreed Mayor Guinchard. “I can’t stop you from writing something. As citizens you can write anything you would like to write. I can’t stop you. All I know is, I did not put anything out. I would never put something out on an employee. That’s just wrong.”
__________ O’Sullivan commented that she and her husband were new Village residents and that they had filled out a form so that they could receive information form the Village and in so doing, they provided their email address. “Two days ago,” she stated “I received the most hateful e-mail about this situation before I knew anything from somebody I’ve never heard of….somebody who is not here and not on the Board and I am wondering….how did she get my e-mail address?”
“How did she get your e-mail address?” echoed the Mayor. “I have no idea.”
Sheila Tralins then commented “I appreciate all of your dissatisfaction with this, but I am an employment lawyer for a living and frankly, it is not respectful to the employee to discuss them in public positively or negatively in this situation.
Although I appreciate you all have good thoughts for him and some don’t. Second of all, you have to protect the Village and we don’t have the facts at this point. As much as I appreciate John’s longevity, he was helpful to me, I don’t have all the facts to be able to draw a conclusion on results taken by the Board and perhaps there’s threatened litigation and in that case we just have to protect the Village. As much as it is unpalatable to many of you, and I can appreciate that, legally their hands are tied.”
“The employment issue is completely separate from structural issues,” suggested Ms. Hanson.
“I don’t know how she got your e-mail address,” asserted the Mayor to Mrs. O’Sullivan. “You have not even allowed it to go to the Village yet. I can tell you that realtors have your email address, whoever you did transactions with, closings….I have no idea.”
“I respect that the Board is not in a position to discuss a personnel matter,” stated Mr. O’Sullivan, “but I do have the very strong concern that I live in a Village where I see a Board of Trustees acting in a capricious or malicious manner towards any employee or, for that matter, towards any person. It seems to me, on the surface at least anyway, that’s been capricious. Whether it has been malicious or not I do not know, but it is certainly capricious.
“It’s very very important capricious and arbitrary prosecution of people within this Village,” stated Trustee Guazozni. “We are very cognizant of that and it is something that we have been looking at for the past two years. Trustee John Moon is a corporate Lawyer. He did not come to this meeting because he could not be here. Those words that you said are very key in the discussion. We can’t share anything right now. Have some patience. Maybe 2 or 3 weeks from now we will be able to share more. Just have some patience. That is all we are asking.”
“Mary Jo said you were going to address the structural issue,” commented Ms. Hanson. She went on to state that she had reviewed minutes from the month of January whereby the Board had been looking to create the position of part time Building Inspector and that it seemed clear that they felt it important to make certain structural changes and that these have impacted Mr. Ledwith in terms of his job. “We don’t have to talk about what John did or didn’t do,” she stated “whether it was satisfactory or not. But we can talk about what the law allows in terms of combining various rolls.”
The Mayor responded that since “way before January” the Village had been looking at different ways to make the situation work.
Ms. Hanson suggested that this brought them right back to the base issue of wanting to know where the specific statue existed that prevented these rolls from being combined.
“It’s not only statute, it’s case law,” replied Mayor Guinchard.
“You know Greg Stevens?” inquired Trustee Guazzoni. “Give him a call tonight. He will give you a huge opinion on this. He know exactly where these things are.”
“He’s a lawyer?” inquired an audience member.
“No, he’s the Tax Assessor,” replied Trustee Guazzoni.
“No he’s not” chorused several members of the audience.
The conversation regarding the statue defining the combination of these position continued for several minutes, with Ms. Hanson presenting a copy of the Orange County rules and she and Mayor Guinchard disagreeing with interpretation there of. Ms. Hanson believes that it is possible to apply for and create a special position to account for this.
Allan Burnett suggested that the Village request an opinion letter on this issue.
“Allan has a good point!” responded Mayor Guinchard. “We’ll have Brian do an opinion letter. We’ll have him put the case laws in and all that because I think that what he should do is for all the positions…so that everyone knows.:
“I too am an attorney and I have written opinion letters,” stated Mr. Barnett.
Again, the Mayor referenced having had several phone calls with Civil Service on this matter.
“It’s very disturbing that you have moved on something when it hasn’t been nailed down…that there is a statute that says that the positions as they were were not legally.”
“They’re not,” asserted the Mayor.
“They told us,” stated Trustee Guazzoni.
“Verbally?” inquired Ms. Hanson, further wondering if there was anything in writing.
The answer was no.
“What we are asking is that, beyond talking to Greg Stevens, is there some need to separate the roll of Building Inspector from that of Assessor and we would like to get some legal justification for that.”
“We were asked to do this,” stated Trustee Guazzoni. “We were asked to structure it a certain way.”
Again, Mr. Barnett pushed for the legal opinion letter.
“I am concerned that Brian will write it the way the current Board tells him to,” stated Ms. Hanson.
“Actually, if you have the opinion letter, than another lawyer can look at it and evaluate the facts,” replied Mr. Barnett. “and I would also like to have a situation ‘how do you cure a defect’ because I cannot believe that under New York Civil Service Law that there’s not some way to cure a defect that has being going on for a number of years and has been in the record and everybody knows it…and that the only solution is to terminate. I think you will find in New York State Civil Service, having been a CFO in an insurance company, that the law protects the employees and there are methods to cure defects.”
“You are summarizing incorrectly,” suggested Trustee Guazzoni. “He wasn’t let go because of this deficiency. This deficiency occurred…. Assume you are running a hospital…and it happens….how many times do you see that a Doctor has been operating for five or six years before they find out that…”
“Claudio, I’m sorry, you are slandering John,” interrupted Ms. Hanson “You are comparing him to a malpractice mistake.”
“Well….yes I am,” admitted Trustee Guazzoni.
Ms Hanson then asked for the name and number of the individual the Mayor had spoken with at Civil Service and this information was provided to her.
“Can I say something?” asked Ms. Matthews. Permission was granted.
“John is on the civil service list as Deputy Village Clerk,” she stated.
“but not for the other jobs,” added Trustee Guazzoni.
“But he has been submitting documents. I have seen them in the Orange County Record under both titles,” asserted Ms. Hanson.
“I know. He didn’t get caught. McFadden set it up incorrectly. I don’t know what else to say,” responded Trustee Guazozni.
“I appreciate that Civil Service wants you to define the positions,” commented Ms. Hanson “but that doesn’t say that they cannot be combined and occupied by that person.”
“They have to know who occupies them,” suggested Mayor Guinchard.
“Trust us, we acted in the best interest of the Village,” stated Trustee Guazzoni.
“The structure of the jobs and whatever aside,” stated Mrs. Hempel, “I want to pick up one point that Barbara duPont just said. At the Trustees meeting where you decided to let John go, two of the Trustees left. This is a very serious Human Resource position of an employee who has worked in the Village for 23 years and whom a lot of us have had positive working experience with…very closely and not as property owners but as Planning Board Chair, ex-BAR Chair, current Planning Board members, a former Mayor, Gary Glynn and the entire BZA. Given the seriousness of the matter, why didn’t you guys table it so that the other Trustees could abstain or vote no, or bring about further discussion, instead of voting 3-0.”
“One walked out and the other had to go home,” responded Trustee Guazzoni.
‘They left right at the vote,” added the Mayor.
“This is not funny. We acted in the best interest of the Village. It is us who are in a position of privilege in the Village who view John Ledwith in a certain way. Others who are weak….others who have no voice…there are 100 other people who view John Ledwith 180 degrees to what you said. It is us who have to check our privilege. We have to check our privilege.”
“Are you calling Village residents weak?” inquired Meg Vaught.
“Some of them are,” responded Trustee Guazzoni.
“I think there are some of the Trustees who are pretty weak too,” suggested Mary Graetzer.
Village Board of Trustees to Rescind Recently Adopted Budget in Favor of Revised Version on April 28
A special Board of Trustees meeting will be held on Friday, April 28, 2017 at 7:00 p.m. for the purpose of rescinding the 4/19/17 vote on the Village tentative budget and re-voting on a revised budget. The revised budget can be found on the Village website: http://tuxedopark-ny.gov/
The Village Board of Trustees met on Wednesday, April 19 at 7pm.
All members were present.
Mayor’s Update:
Moment of Silence – Mayor Guinchard called for a moment of silence in memory of long-time Village resident Valerie Napolitano who passed away last month, as well as Officer Dustin James of the Village of Walden Police Department, who passed away on April 18 in an accident at the age of 31. Officer James was a former partner to Detective Taback and was also involved with many of the other officers on the Village force. Additionally, she asked that “for those who have suffered from various acts of violence around that we have all been hearing about on the news over the last week or so” also be remembered.
Resolution – Planning Board/BZA Training Hours – Both the Village Planning Board and Board of Zoning Appeals are looking to reduce their mandated training hours from 4 to 1. Planning Board Chair Joanne Hansen explained that the reason for the requested reduction is that currently, much of the training these Boards receive pertains to commercial zoning, which is irrelevant in the Village.
Trustee McHugh inquired as to whether the training was State mandated and who provided it. He wondered if there would be a “spoke” course option available to the Board members should they decide to move forward with the reduction.
Mrs. Hansen explained that the training was mandated, but that municipalities had the power to reduce the requirement. She further commented that she was in constant receipt of various training offerings and felt that it would not be difficult to find appropriate one/ones to pursue. There are a range of different options, but they come primarily from the State. In the past, they have completed trainings specific to SEQRA and environmental review. They been able to successfully tailor it from year to year depending on what the Boards are working on.
Trustee Guazzoni wondered if there were online courses available.
The answer was yes.
Trustee McHugh wanted to know whether or not all Village Board members were currently in compliance with the mandates and who was in charge of monitoring this.
Mrs. Hansen responded that she could only speak for the Planning Board and that they were in compliance. She added that historically they have used a combination of methods (books, online courses etc) to fulfill the requirement.
Trustee McHugh then wondered whether or not it might be beneficial for all new Board members to complete the 4 hours of training during their initial term, while veteran members would be permitted to do the 1 hour as maintenance.
Mrs. Hansen replied that it would depend on the background individual Board member as to whether or not something like this would be beneficial. While the 4 hours would probably be appropriate for somebody who did not have any background, many of the new Board members already have a wealth of experience and would not, in her opinion, require the lengthier training.
Mayor Guinchard suggested that this decision could be left up to the Board Chairs and handled on a case-by-case basis.
Trustee McFadden commented that it seemed to him as though requiring more than an hour, even for a new member, would basically be a waste of time as most of the other courses are not relative to the Village, which is restricted to residential zoning.
Trustee Moon thanked Mrs. Hansen and her colleagues for their community volunteerism, further commenting that if the Trustees could assist them by unburdening them from irrelevant training, he was happy to support it.
The Board then voted unanimously in favor of approving the resolution.
Resolution – Appoint Election Inspectors-
The Board voted unanimously in favor of appointing the following election inspectors for the June 20, 2017 Village Election at the rate of $200 per day:
Jay O’Nell & Kurt Hog – Voting Machine Operators
Donna Dumont & Brooke Ing - Table Inspectors
Alternate – Desiree Hickey
Resolution – Raise Garage Rentals from $100 to $115 per month (8 units)-
Commenting that the garage rental rates have not been raised in approximately 4-5 years (currently $100 per month) Mayor Guinchard proposed that the Board vote to raise them by $15 monthly.
Trustee McHugh wondered why they were only increasing the rate by 15%. He wanted to know who had determined this amount.
Mayor Guinchard responded that she and the Village Clerk had made the determination.
Trustee McHugh wondered whether all of the garages were occupied and if so, why they were not increasing the rent to $200 per month.
The Mayor responded that she felt that would be too heavy of an increase.
Trustee McFadden inquired as to the total number of units.
The Mayor informed him that there 8 in total and that there is a waiting list for them.
Trustee McFadden then wanted to know what the new revenue would be on an annual basis.
Mayor Guincahrd noted that new revenue would total $1,440.
Given that there is a waiting list, Trustee McHugh suggested an increase to $150 per month.
“Make Sally Sonne Happy,” he quipped. “She thinks they’re cheap.”
Trustee McFadden commented that this reminded him of the boat tax that boat owners have been forced to pay, many of them on top of lake-front taxes, and therefore, he would be voting against it. He believes the increase would be “nickel and diming’ the people who are renting the garages. He is also opposed to a significant increase.
The Board then voted 3-2 in favor of the increase, with Trustees McHugh and McFadden voting against.
Announce – Bulk Pick Up Date – Saturday, May 20-
Bulk Pick Up Day in the Village will be Saturday, May 20. Items must be curbside by 7am. Trustee Guazzoni reminded everyone that items such as batteries, paint, yard waste and car parts were excluded from the pick up.
Resolution – Arbor Day Proclamation Renewal-
The Board voted unanimously in favor of renewing the Arbor Day Proclamation for 2017 and authorizing the Mayor to sign said document.
Public Comments:
Mike Santoianni of Clubhouse Road commented that last year in the newsletter it had been stated that Club House Road would be resurfaced and re-engineered because of the drainage issues, which is why they held off on repaving in the fall. He pointed out that there had been quite a few roads that were re-engineered with gravel, bedding, drainage and various improvements throughout the Park. He is not sure why the Clubhouse Road improvements need to go to a bond referendum, because the residents who live there have been paying taxes all along and it has always been part of the plan to resurface the road. He further stated he was not sure that people realized how much damage heavy rains cause in that area because layering and layering and layering macadam has changed both the pitch and height of the road. The old clay tile is only half there. There is no drainage pipe. There are a few catch basins, but the road is getting inundated from as far up as Circuit Road through crushed pipes that come down. It is a big issue that has to be looked at and although the DPW has been on top of it for years now, it remains an infrastructure issue. As he understands it, there is currently a discrepancy amongst the Board as to whether or not this work should or should not be added to the bond issue, but he would like to know whether or not the project is going to move forward will full engineering to properly re-grade so it is not constantly high and going into the downhill side of Clubhouse Road. There are at least 4 or 5 residents living there who have to put out sand bags whenever there is a big storm. Residents on Clubhouse Road Ext and the upper section of Continental Road are also victims of erosion, and there are potholes like craters there!
Trustee McFadden stated that the bond specific to these repairs had passed the month prior.
Mayor Guinchard added that Village Engineer Pat Hines would be calling into the meeting at 8:10pm to go over in detail what would be happening with the roads. The roadway is going to be completely rebuilt. She reiterated that the portion of the bond relevant to this work had passed 4-1 at the last meeting, however in order to move forward, they need the entire bond to pass and be encompassed together due to the high cost of issuing bonds. That being said, she acknowledged that it was extremely important to them that this work get done.
Mr. Santoianni asked for clarification, wondering if this meant that the work would be happening or if something else had to occur amongst the Board before the work could be authorized.
The Mayor responded that this discussion would take place later in the meeting. She cautioned that if the other sections of the bond did not pass, it would be extremely expensive to do this work on its own, however she alone cannot make that decision. It would have to be a discussion amongst the entire Board.
Mr. Santoianni responded that he would like to point out for the Board’s consideration during this discussion that he had added up all of the assessed value and full market value, based on the tax documents, and Clubhouse Road alone, if one adds up the property contribution, is between 10-12 million dollars. For a short distance, there is a large contribution that has been repeatedly deferred on this road. The residents there understand why this has occurred and that more than repaving, the road needs to be rebuilt, but other roads of similar length, such as Laurel Road, have been completely re-engineered within the last year and the residents paid for it.
DPW Superintendent Jeff Voss clarified that Laurel Road had not been re-engineered. It was re-graded.
Mr. Santoianni apologized for his error, but pointed out that the road had been graded with drainage installed along the sides and new pavement. These three components were done to a roadway with only 4 homes on it. This work was necessary no doubt. Noting that he might be ignorant to what full re-engineering might entail, he commented that if Clubhouse Road were to receive new drains, re-grading and repaving, its residents would be happy.
Mayor Guinchard noted that all of this and more needed to be done on Clubhouse. She assured Mr. Santoianni that the project is being given the attention that it needs. The problems there go much deeper than simply re-surfacing.
Trustee Guazzoni noted that the bonds would need a super-majority vote (4 or more in favor) in order to pass.
Mr. Santoianni responded that he hoped there was a “Plan B” in place as the water was still coming down the road regardless.
Trustee McHugh inquired of Superintendant Voss as to which Village roads, if any, had been re-built during the past fiscal year.
The answer was none.
Trustee McFadden commented that it was his understanding that the bond they had approved the previous month had already started its process. He asked Village Clerk Debbie Matthews if she could explain this process to the audience.
Mrs. Matthews responded that the Notice of Adoption had been published in the paper. It must be posted for 30 days and after this, a second notice called an Estoppel Notice is posted for 20 days. After that, if the Board approves moving forward, the Financial Advisor puts it out for bid. She further cautioned that doing a small portion of the bond only, such as what was approved the month prior, did not pay as there was no market for bonds of this small size.
Police Report:
Chief Melchiore briefly introduced Officer Ryan Smith, who is new to the Village.
He then reported the following for the month of March
Non-Criminal Complaints – 264
Property Damage Accident – 1
Traffic Tickets Issued – 6
Traffic Warnings – 1
Fire Alarms – 3
Burglar Alarms – 7
Medical Calls -2
Assists Given to other Police Departments – 1 (Department was not named)
Vehicle Tags Issued – 1,042
Mayor Guinchard stated that the Chief had been using his own vehicle to transport himself to the many meetings that he attends (911 Center, Sheriff’s Dept, DA etc) She asked that the Board approve reimbursement at a rate of .54 per mile with a cap of $100 per month.
The Board voted unanimously in favor of approving this.
The Chief is in receipt of several different brochures from the DA with regard to various methods of security. Some of these include violence, seniors, and home camera enhancements. There are many safety/security services available. She advised anyone with questions about any of these things to contact the Chief.
Trustee McFadden asked if the information could be posted to the Village website.
The answer was yes, a link can be provided.
DPW Report:
DPW Superintendent Jeff Voss reported that the big snow storm at the end of March had kept the department very busy. After widening the roadways, they had some repairs to do to some of the equipment and when those were completed they began the task of cleaning up the damage that is caused annually by plowing. Additionally, they finished the last of the necessary tree-removal for the WeeWah Dam projects. They also did some work down at the South Gate House, painting the upstairs, which will eventually be used by the Village for storage and they built an evidence cabinet for the Police Department. They began the process of sweeping the roadways, but the sweeper broke down. The Superintendent has since repaired this equipment and work will resume shortly. There is more work to be done at the dam with capping a water main and installing a new sewer main. This work will begin very soon.
Mayor Guinchard thanked Superintendent Voss and his department for all of their hard work, noting that they had completed most of the tree mitigation for the Dam project, saving the Village a ton of money and they complied with all the residents’ wishes in the process, which has resulted in zero complaints!
Trustee Guazzoni inquired as to how the Village had faired with road salt over the course of the winter.
Superintendent Voss responded that they were slightly over budget. He guestimated $1-2,000.
The Mayor then reported that she and the Superintendent had “been given a new way of treating roads possibly with another municipality outside within New York and New Jersey.” They will be reporting back within the next month or so with regard to these findings as they analyze specifically what it would entail.
Building & Grounds Report:
Building Inspector John Ledwith was not present and therefore, no report was given.
To view a copy of the report for the month of April, clickhere
Mayor Guinchard noted that the Village would possibly be obtaining a mini Verizon cell tower that should improve cell service within the Village and will generate some revenue as well. ($5,000 per year) The Tower will not be visible with an antenna of only 2 and ½ feet and they are considering installing it by the water towers. The contracts are currently under review by the Village Attorney.
Committee Reports:
Trustee Guazzoni reported that a beta version of the new Village website has been launched and can be found at www.tuxedopark.online. They are currently receiving comments while transferring all of the pertinent information over. Eventually, the plan is to redirect the old address to the new site. There will be 4 ways to access the site (the current .gov address being one of them) but the actual host address will be tuxedopark.online.
Trustee McFadden thanked Trustee Guazzoni for spending his personal time working on the development of the new site.
Mayor Guinchard then thanked Trustee McHugh for his work with the WeeWah Beach Club. He has been meeting with the Club to figure out the milfoil mitigation amongst other issues. The Village is hopeful that the Club will be able to operate this season, despite dam repairs, and will keep everyone updated as things move forward.
Trustee McFadden stated that his reports were the same as they had been in March. The Term Limits is in the same hands and they are waiting for everything to finish with Building & Grounds.
On another note, Trustee Guazzoni commented that there were a number of yellow Dead End signs on various roads around the Village and in view of “less signage is better than more signage” he wondered if they could find a way to remove these, unless they are absolutely necessary.
The Mayor suggested that Trustee Guazzoni meet with Chief Melchiore and discuss this further.
Presentation – Solitude Lakes Management:
Before turning things over to Glenn Sullivan of Solitude Lake Management, Trustee McHugh reported that leading up to this meeting, there had been a lot of dialogue back and forth with Solitude and he had done his best to alert them to the issues in an attempt to frame the discussions. In general, Trustee McHugh would like to formalize the process, whereby Mr. Sullivan will be coming either once a month or every other month to provide the Board with trend analysis.Between 2003 and 2016 the Village has spent $335,000 on the lakes. This includes Copper Sulfate treatments, milfoil pulls, Princeton Hydro, CSLAPS, various permitting, stocking of fish and Watershed Assessment Associates. This year alone the Village has spent $60,000 and they anticipate spending an additional $25,000, which will encompass milfoil pulling, installation of the barrier on the south end of Tuxedo Lake and Solitude Lake Management fees. In terms of what will be happening this year and in the next fiscal year, Trustee McHugh reported that they would be continuing with CSLAP, however the program will be led by DPW employees who are residents of the Village. Volunteers can and are encouraged to be involved, but the program will be the responsibility of the DPW. A milfoil pull will be taking place and the barrier on Tuxedo Lake will also be re-installed. The DPW will continue to regularly clean the screen between Tuxedo Lake and the Tuxedo Lake Dam in an effort to minimize the spreading of milfoil into Pond #3. The Village has also begun a dialogue with lake shore residents regarding the installation of berms on their properties to address erosion issues as well as geese. There has been some traction on a low key basis, which is a positive thing. Finally, they have hired a certified Lakes Manager. (Mr. Sullivan) With regard to WeeWah specific issues as they pertain to the lakes now that they have been lowered/drained and the best way to eradicate and/or manage the milfoil issue, Trustee McHugh has given Mr. Sullivan all of these questions and asked him to speak to these issues in particular. Without further ado, Trustee McHugh then introduced Glenn Sullivan of Solitude Lake management.
Mr. Sullivan began by providing a little background on himself. A 20-year certified Lake Manager, Mr. Mr. Sullivan was the owner of Allied Biological until 2015, at which point, that company merged with three others to form Solitude Lake Management. The last time Allied spent a considerable amount of time in the village was back in 2012 when they conducted some plant surveys and bathymetric mapping in an effort to document the lakes and their plant composition. Since that time, their involvement has been reduced and they have become more of a consultant to the Village, working on algae analysis prior to and after Copper Sulfate treatments as well as the occasional treatment itself. For most of the lakes that they manage, it is fairly normal that they are there 2-3 weeks over the course of the season. In communities where there are multiple lakes, they are generally there on a weekly basis. From their prospective, the Village is a very “hands-off” community with respect to its lakes and they believe a more “hands-on” approach should be adopted. They would like to see better direction and more continuity. Some of these measures were mentioned earlier by Trustee McHugh, specifically CSLAPS, which they would like to see run in a more consistent and manageable way. CSLAPS is a huge asset to the Village as it would cost a considerable amount of money for a private company to complete this kind of work.
Milfoil seems to be the largest lakes-related issue that the Village currently faces. Over the past several years, a large sum of money has been spent on management practices and this is likely to continue, as they suspect the level of milfoil has not decreased. One of the things Solitude strongly recommends is re-mapping the aquatic plants in order to provide an accurate idea of what is actually there. This will also allow them some prospective in that they will be able to compare what is there now to what was there in 2012 and therefore determine whether or not the management practices that have been employed have been effective. Without this kind of hard data, they cannot make solid recommendations. Tuxedo Lake is a deep lake with a very small littoral zone. (The littoral zone is the area in which plants can grow) Even though it encompasses a relatively small portion of the lake, it still requires management. Anytime Solitude sees invasive plants come into a lake system, they want to attack it aggressively because otherwise, they could be looking at decades of maintenance. The Village is still on the upside of the milfoil expansion, but in order to eradicate it, he cautioned that they might want to think about being more aggressive.
Mayor Guinchard inquired as to exactly what he meant when he suggested a more aggressive approach.
Mr. Sullivan responded that his impression was that the extent of the milfoil in Tuxedo Lake probably exceeds current management efforts. Hard harvesting is fantastic when there is only a 1/10 of an acre infested. It is expensive, but it works. Once the smaller scale of this particular type of management has been exceeded, it is no longer cost effective and the problem persists. This is why they feel it is crucial that the Village move forward with mapping. If the mapping shows that they are ahead of the problem, that would be great, but he suspects that this is not what it will say.
Mayor Guinchard then wanted to know what the next step would be should it turn out that the hand pulling was not aggressive enough to control the issue.
Mr. Sullivan responded that milfoil is spread by fragmentation. Any kind of physical or mechanical management practice runs the risk of spreading the problem. As careful as they might be, if they are cutting with a harvester and collecting it, there is still going to be fragmentation. “I know nobody wants to hear it but, milfoil is typically managed with herbicides because that is the best method for that particular plant.”
Trustee McHugh wondered if this could be done on a reservoir.
The answer was yes.
Trustee McFadden inquired as to whether or not this was approved by the DEC.
The answer was yes.
“I don’t think anybody has ever recommended that to us before,” commented Trustee McFadden. “It’s a shame.”
“It’s something that if you really want to get after your milfoil….it’s probably what you should be thinking about,” replied Mr. Sullivan.
Trustee McFadden wondered whether use of the herbicide would be less expensive than divers/hand harvesting.
The answer was over time, yes, but initially, maybe not. The cost would depend on the scale of the treatment. That being said, it would probably be less expensive than the hand harvesting.
Trustee Guazzoni wondered if Mr. Sullivan could harbor a guess as to how many milfoil plants were currently growing in Tuxedo Lake.
His response was “a couple million.”
Trustee Guazzoni suggested that if there were currently a couple million plants in existence, clearly hand harvesting was not working.
Moving on to the issue of copper sulfate, Trustee McHugh asked Mr. Sullivan if he could speak to this, noting that the previous year the lake had turned turquoise for a couple of weeks and that this had been a big cause of concern throughout the community.
Mr. Sullivan explained that there were certain times of the year and certain water qualities that cause copper sulfate to change the appearance of the lake in that way. The chemical still works and in fact, in that very application the cell count on algae went from 1500 down to less than 100. The application worked, but there was an evident change in appearance. There are other products that can be used. Copper sulfate is used because it is the cheapest, it is widely available and because the New York DEC has an exemption in their laws that makes it usable without a permit in a public water supply. There are better, copper based algaecides, which are liquid and better for the marine life. He feels it would be relatively easy to acquire a permit for one of these and he cautioned that the Village might even have to do this because new DEC regulations require that with a copper sulfate treatment people downstream must be notified. Additionally, there is another New York State law that states that nothing can be done in the lake for 24 hours (fishing, swimming, drinking) following a copper sulfate treatment. These regulations make it harder to use copper sulfate at the moment. The other products however, while easier to use, cost more money. There is a third, peroxide based product available which is effective on some types of algae, but costs considerably more and does not work as well, although it does provide an alternative to copper.
Trustee Moon inquired about the CSLAPS data, noting that he had taken a look at it on the website and was impressed by both the volume and granularity. Although he does not understand most of it, he noted that some of the data points seemed to be anomalous. He wondered whether or not Solitude had come up with any preliminary conclusions about trends to the lake with respect to voluminous data that had been presented.
The answer was not yet.
Jim Hays wondered whether the chemical treatments would actually kill the milfoil or just knock it back.
Mr. Sullivan responded that it would kill the milfoil, but whether or not it killed the root crown was different. In most cases, the plants are killed for one season, but when they come up again the following year, they need to be zapped again. There are potentially years of root crowns sitting in the sediment. The process is to let them come up and then kill them until they have exhausted the supply.
Mr. Hays wondered how long this would take.
The answer was usually 3-5 years, but the scale changes considerably over that time, with notable reductions from year-to-year. In order to work however, the approach must be aggressive, with the plants being attacked as they come up and before they can create new root crowns.
Mr. Hays then noted that the Village was an a particularly important moment with the WeeWah as the water levels had been lowered substantially and much of the bottom, which was once covered with milfoil, is now exposed to the air. He walked the bottom just this past weekend and it appeared as though most of the milfoil had completely disintegrated in the areas that have been exposed. He wondered whether or not the milfoil would die off completely under these circumstances.
Mr. Sullivan replied that if the Village were to refill the lake and keep it filled, the milfoil would certainly come back in those areas from the root crowns, which are still in the sediment.
Trustee Guazzoni wondered whether root crowns exposed to freezing temperatures were killed.
The answer was that under the right circumstances, a deep freeze can and does kill some of the root crowns.
Mr. Hays wondered whether treating the root crowns with herbicide while the water was drawn down might be an effective method of eradicating it.
Mr. Sullivan informed him that the DEC would not allow a dry application on a water course like that.
Trustee McFadden wondered whether or not Mr. Sullivan felt they should add something into the budget based on his initial assessments.
Mr. Sullivan responded that much of his assessment had been based on antidotal information and before he would suggest something like that, he would need more information. He recommended that the Board think about what direction they wanted to take based on what he had told them.
Dena Steele commented that algae is really a result of excess nutrients and the Village has repeatedly been told that storm water run-off was the main source of nutrients in the Lakes. There are phosphate fertilizer restrictions in place, but there continues to be an abundance of nutrients entering the lake from a variety of sources. She wondered if this was something the Solitude would look at because the Village could keep doing copper sulfate treatments, but as long as they keep allowing the influx of nutrients in the lake, the problem would not be addressed.
Mr. Sullivan responded that the fact that Ms. Steele knew these things already indicated that she knew what the best practices were that the Village should be taking. There are certain things that have already been presented within the CSLAPS reports and further studies are not necessary in order to determine what needs to be done. Reducing the amount of road salt as much as possible is one such suggestion. Use of phosphate-free fertilizers and the elimination of geese are also recommended. It is important to keep in mind however that there are also nutrients on the bottom of the lake and these could be the nutrients that are causing the algae problem. Long term, if the problem persists, they may need to consider taking a look at the bottom of the lake. He does not believe the Village is at that point though.
Sally Sonne inquired as to the name of the milfoil herbicide that was being recommended.
Mr. Sullivan responded that there were several, some of which include Sonar, Aquathal K and Komeen. There are a dozen or more. It is a matter of finding the one that best fits the situation.
Mike Santoianni asked Mr. Sullivan if he had any experience working with the matting process for eliminating milfoil.
The answer was yes. The mats provide limitation by area and effective in controlling any plants that are underneath it. The longer the mats are in place, the more effective they will be. If a rotation is done on a 6 week basis, within that time frame the plants that were originally killed off will begin to re-grow after the mat has been moved. It is an effective small scale solution.
Mayor Guinchard commented that in another project the Village was working on with above ground invasive plants, there was a machine that fractured the plants and prevented some of them from coming back. She wondered if there was something like this that could be employed under water.
The answer was yes, but because milfoil spreads through fragmentation, this would not be an effective method of removal. Mr. Sullivan further cautioned that regardless of what action was taken, every spring the milfoil plants would fragment and spread on their own.
MHE – Pat Hines – Infrastructure Report:
The Mayor introduced Village Engineer Pat Hines, who participated in the meeting via conference call.
She further reported that there are two components to the bonding project that the Village has been working on. One of these is the rebuilding of Continental and Clubhouse roads. This is a full engineering project and MHE has already been onsite for a couple of months doing preliminary work.
The second component pertains to the Village water tanks, of which there are 3. Two of these are fiber glass and one is concrete. All three are in need of repair and restoration, which will be costly. The roads will fall under a 15-year bond while the water tanks fall under a 30-year bond. Mr. Hines has completed an analysis, complete with cost guestimates for these projects. Hard copies will be circulated to the Board as soon as possible, but in the meantime, Mayor Guinchard asked him to provide a verbal overview.
Commencing with the Clubhouse Rd. project, Mr. Hines reported that the conditions had been evaluated and that the recommendations were for roadway reconstruction. Because of the pitch of the roadway, combined with the numerous driveways there, extra attention will be needed in order to avoid impacting the driveways while making sure that water is directed properly within the limited space that exists. In total, roadway reconstruction combined with the installation of new/upgraded drainage system and a 10% contingency/design fee is expected to cost the Village $175,594.
Moving on to Continental Road, Mr. Hines explained that there was a water main replacement component to this part of the project in addition to the reconstruction of the roadway. This will require a separate bid. The water main replacement, added to the 10% design/contingency fees is expected to cost $195,923. The road reconstruction will cost $195,205.
Mayor Guinchard added that these monies would come from the water fund.
Trustee McHugh asked Mr. Hines to clarify which section of Continental Road would be reconstructed.
The answer was the portion running from Clubhouse Road to Lorillard Road.
Trustee McFadden inquired as to whether these estimates would be put out for formal bidding.
The answer was that portions of them would be.
Trustee McFadden then asked Mr. Hines, based on his expertise, whether be believed that the bond in its current amount would cover the entire project or if there would be left over expenditures.
The answer was that the project will exceed the bond amounts.
Trustee McHugh wondered if there were a reason why the Clubhouse Road project was commencing at the intersection with Stable Road and not at the top of the hill.
The answer was that this is where the drainage issues originate from.
Trustee McHugh wondered whether or not the entire road would be repaved, including the upper portion.
The answer was yes. The DPW should be able to do this work.
Trustee Guazzoni wondered whether or not there would be a weight limit on the lower portion of the road after the work had been completed.
The answer was no.
The Mayor commented that many communities limited certain weights of trucks during the thawing season to allow for lesser impacts on the roadways. She asked Mr. Hines if he would recommend something like this for the roadways in question.
The answer was no.
The discussion then turned to the water tanks. Mr. Hines reported that he had been provided with a Field review that had been completed by Statewide Aquastore regarding the fiberglass tanks and they are recommending interior reconditioning of the tanks as well as exterior reconditioning, to including various protective natures and safety hardware. The total estimated cost of this project, which will need to include prevailing wage, as well as engineering costs $130,124.
The third water tank, which is located on Potucket Road, may need to be replaced entirely. The situation here has not yet been fully assessed however. It will need to be drained and analyzed.
Once the tanks have been relined and/or replaced, Trustee Guazzoni wondered how long they would be good for.
The answer was 15-20 years.
Trustee McFadden asked for clarification that the third tank might need to be replaced entirely.
Both Trustee Guazzoni and the Mayor assured him this was the cheaper option.
Mr. Hines reiterated that the situation had not yet been assessed.
Trustee McHugh inquired as to the order of magnitude cost.
The answer was $200,000.
In an attempt to further clarify what was being discussed, Trustee McHugh asked Mr. Hines whether he was correct in asserting that what was being presented tonight was estimates based on the review of another companies field study. He further asked for confirmation that nothing had been done at the Potucket tank.
The answer was yes. Mr. Hines stated that engineering studies would have to be done moving forward.
There followed a brief conversation with regard to the water tank on Potucket Road as it will relate to the Overton Subdivision. Ultimately, it was determined that they do not have a proper water analysis for the subdivision yet, although it is believed that water pressure is more of an issue than volume in that area.
Mayor Guinchard commented that some of the money to pay for these projects would come from the water fund and the Village would have the ability to try for water infrastructure grants as well.
Award Dam Bid:
Engineer Mike Quinn reviewed the 4 bids received for the dam project with the Board and provided them with his recommendations.
In summation McNamee Construction had the lowest bid. CHA has checked their references and everything appears to be in order. They feel comfortable recommending them for the job.
Trustee McFadden asked Mr. Quinn if he had worked with them before.
Mr. Quinn responded that he had not. He further commented that he was encouraged by the fact that McNamee had experience with stonework and bridge restoration. This kind of work will be a big piece of the project.
Trustee McFadden wondered whether they had worked on any similar projects, specifically a dam of this scope and scale that the Village might be able to look at.
Mr. Quinn responded that they did not have a dam that the Village could look at however, they had done projects in the 8.4 million and 4.1 million dollar range.
Trustee McFadden wanted to know if they had ever worked on a dam before.
The answer was no. Mr. Quinn added that this did not concern him however. They are familiar with the concrete work and the earth work that will be necessary.
Trustee McFadden expressed his concern that because McNamee had never worked on a dam before, the Village might have to get more involved in terms of supervision, for which they would end up relying on CHA, which would in turn increase the fee.
Mr. Quinn responded that the way things are currently set up, they will have full time inspections and will be monitored on a daily basis in order to ensure that they remain on track. He does not foresee any issues with a lack of oversight.
Trustee McFadden then inquired as to whether or not any of the other contractors had constructed a dam of this size.
Mr. Quinn responded that Servidone and Legacy, the two highest bidders, did have experience.
Trustee McFadden replied that what “jumped out” at him was the fact that the two companies who had experience with this kind of work had significantly higher bids. These bids are 5 and 6 million dollars while the bids from the non-experienced companies are 3.9 and 3.6 million.
Mr. Quinn noted that the second lowest bidder had dam experience, but not with a dam of this size.
Trustee McFadden reiterated his concern that the companies with experience had much higher bids.
Trustee McHugh commented that McNamee had provided them with a list of projects they had worked on; 17 in total. Of these 1 was 8 million, 2 were 2 million and all the others were below 2 million with many of them hovering around the $200,000 mark. To him, this is a bit of a red flag which suggests that this project is a “big nut” that they are trying to go ahead with and they don’t necessarily have the experience. This is a concern.
Mr. Quinn responded that the bridge construction and bridge rehab projects on the list demonstrated that they had the skill set necessary to do the project. They also have experience with stonework. His impression in speaking with them and reviewing their credentials is that they have more full service, although they are admittedly small.
Trustee McFadden indicated that their small size was of concern to him. He suggested that once they opened the dam up, it was possible that they might discover a brand new scope of work that they would have to deal with. If something like this should happen, he wondered whether or not they would be able to throw the necessary manpower at the project, given their small size. Would another sub-contractor be necessary? He suggested that the larger companies would probably be able to handle a contingency such as this. He further wondered whether there were contingency numbers built into the bids and what percent they constituted. He asked Mr. Quinn if he felt there should be a number built in for change orders throughout the process.
Mr. Quinn responded that these things were indeed built in.
The contingency numbers and various aspects of the bids as they relate to specific aspects of the project were then discussed in some detail at length.
Trustee McFadden reiterated his concern about McNamee’s small size. He wondered what would happen if they were to fall behind schedule.
Mr. Quinn replied that while the timeline was definitely tight. The work itself did not require a lot of men. He believes that if they languish, it will be because of a changed condition.
Trustee Guazzoni suggested that the job at hand was “not brain surgery.” He reminded the Board that these people would be rehabilitating the dam, not building a new dam. This work requires an average skill set. McNamee has bridge experience.
Mayor Guinchard wondered what the next steps of the process would be if they decided to move forward with McNamee.
Mr. Quinn responded that the next step would be to award the bid and move ahead with an agreement. Once the agreement was signed, they could establish a start date and begin to move forward.
Following some further discussion the Mayor made a motion to award McNamee the project at a total base bid of $3,651,931.
Trustee McFadden stated that he had quite a few issues with this. The Village has spent 15-20 years lining this project up and to hire a company that has never worked on a project of this nature and who comes in as the lowest bidder in all probability due tot his lack of experience, would be a big mistake. He suggested that they skip the two lowest bidders altogether and go with the lowest qualified bidder.
Again, Trustee Guazzoni pointed out that they were not rebuilding the dam, rather repointing and refurbishing it. He believes that the skill set required matches correctly with McNamee.
Trustee Moon commented that he appreciated the concerns expressed by his colleagues, however he believes Mr. Quinn had answered these concerns in a reasonable fashion.
Trustee McHugh wondered whether there might be some functionality to pull back on some aspects of the project if necessary, specifically the parapet wall, should they need to in order to ensure that the dam portion of the project was completed.
Mr. Quinn responded that they would be stressing the need to get out of the water by the end of 2017 so that the Village could resume functionality of the lake. The restructuring of the roadway and the construction of the wall can wait until 2018. He further stated that while he understands Trustee McFadden’s concerns, he believes that McNamee has the necessary skill set to complete the job.
Following some further back and forth between Mr. Quinn and Trustee McFadden, the Board voted 4-1 in favor of awarding McNamee the bid, with Trustee McFadden voting against.
Bond Resolutions:
The Board entered into a conference call with their bond council Kevin Roach, bond Advisor, John Shoffer, bond advisor and Maureen Coen, Chair of the Village Finance Committee. Finance Committee members Shelia Tralins and Claude Guinchard were also present.
The discussion was lengthy. The end result was that the Board voted unanimously in favor of issuing two bonds as follows:
$3,635,000 – for the cost of the construction, reconstruction or addition to various river relating reservoirs located in the Village.
$400,000 – for the cost of the construction, reconstruction, widening or resurfacing of various highways, roads, streets and parkways located in the Village.
To listen to this discussion, follow the links below.
Continuation of Public Hearing on 2017-2018 Tentative Budget:
Mayor Guinchard opened the discussion by explaining that the tax cap was now being calculated in a new way with the auditor through a program with the comptroller, which allows them to pull the information in the same way every year and should prevent any future errors from occurring. This year’s cap is $3,607,889. The budget has come in at $3,606, 859, which is $1,400 below the cap. The Village will only be using $65,940 out of surplus and the Mayor commented that she had tightened up the budget even more in an effort to avoid having to pull additional surplus funds. Trustee McHugh pointed out that although the budget indicates that the surplus will be drawn down, assuming everything else is constant, the Village will actually be replenishing the surplus to do a settlement over property and an insurance claim. The surplus will actually increase as of May 31 by $60-70,000, which will keep things flat and bring the total reserve to roughly $400,000. The Mayor concurred with this statement, further commenting that she hoped the replenishing of these funds might help the Village to get back their AA+ rating.
There was a short debate with regard to the monthly stipend paid to the Village Justice, with Trustee Guazzoni suggesting they reduce it from $400 to $1 and Trustees McHugh and McFadden arguing against this. Trustee McHugh commented that philosophically speaking, he was dead set against it. If the Justice should decide that he does not want to accept a salary, he is welcome to donate it to the Tree Advisory Board or make some such donation. Trustee Guazzoni argued that the Trustees worked for no salary and he believes that the justice should do the same.
Trustee McHugh argued that eliminating the salary would basically be precluding anyone from outside the community from becoming judge.
Village Clerk Debbie Matthews pointed out that the current judge is not a Village resident.
Trustee Guazzoni responded that Trustee McHugh was assuming that the justice was working for the $400 monthly stipend.
Trustee McHugh confirmed this.
Mayor Guinchard stated that they had lowered the salary just as they were forced to lower many things across the board. It was lowered by $480 annually.
Again, both Trustees McHugh and McFadden asserted that they disagreed with this decision. Trustee McHugh suggested that, as crass as it might sound, the Judge had the same return on investment as a judicial appointee, such as Grant Writer Fred Rella, does.
Trustee McFadden suggested there were other places to take this money from.
The Mayor disagreed and inquired as to where exactly Trustee McFadden suggested they take it from.
Trustee McHugh commented that they were $1,400 under the cap as it was.
Trustee Guazzoni disagreed with this statement.
The Mayor asked Mrs. Matthews to add the $480 back in and recalculate the cap.
Trustee McFadden suggested that what was being proposed was arbitrary.
“No, we are making everything equal,” responded Trustee Guazzoni.
“So you are giving him a decrease while our employees are getting raises. How does that make everything equal?” asked Trustee McHugh.
“He is an elected official,” responded Trustee Guazzoni.
Trustee Moon interjected and stated that the Police Chief had spoken with him earlier in the day and raised the issue of a $3,000 traffic counter.
“It’s in there,” responded the Mayor.
“No, it’s not in,” exclaimed Trustee McHugh. “What we agreed to was the updated technology to get your interface on your systems for $16,500. I did not want a traffic counter. I wanted a license plate reader, which effectively should do both of those functions. So we agreed to go with a license plate reader. We did not agree on a counter.”
“It’s back in, Alan,” stated Trustee Guazzoni. “We re-instated it today.”
“I’m sorry….you took $480 form a judge who gives you revenue and you threw in $3,000? Why do we need a counter.”
“We need a counter,” stated Trustee Guazzoni.
Trustee McHugh asked the Chief to explain to him why the counter was needed vs. a license plate reader.
The Chief responded that most of the complaints that they received within the community pertained to either speed or traffic.
Mayor Guinchard interjected that earlier that day she had nearly been run off the road by a speeder. “They were going so fast and they did not even stop to see if I was ok. It was unbelievable. I almost flipped my car. I was very shaken up.”
The Chief continued on to say that more and more of the complaints that are coming through are traffic related and the department has no real way to determine how to measure these things. The traffic counter will allow them to determine the type of vehicle and the direction of travel, as well as the date and time of day. He believes it will help them to crack down on both speed and traffic accidents. It will also allow them to monitor specific situations in order to better determine where traffic issues exist. The counter can also be used to help control the coastal roadways around the lake with skidding, oil in the road, etc. The license plate reader on the other hand, is a stationary tool and is more limited in its capabilities.
Trustee McHugh argued that it would be able to tell them how many residents were coming into the Village each day.
“In one location only,” replied the Chief. “And there is no way to document or investigate speeds or traffic control. It will not be a novelty or a luxury item”
“He needs a traffic counter. You are not a Policeman, you don’t know.” Trustee Guazzoni commented.
“Well you’re not a judge,” retorted Trustee McFadden. “Just like we want attract part time police officers, we should raise the judges wages so that we can attract better judges. They are a revenue base for the Village.”
Trustee McHugh stated that he understood the Chief’s argument and while he did not agree with it, he was going to back down.
Again Trustee McFadden made a plea for raising the judge’s salary.
The Mayor then stated that the Board would need to step into an executive session to briefly discuss a contractual matter.
A 20-minute executive session followed.
When the meeting resumed, the Public Hearing was continued.
Stating that she was speaking on behalf of Mr. Gluck and Mr. Santoianni, who had left while the Board was in executive session, Meg Vaught inquired as to what the anticipated percentage of tax increase would be for the 2018/2019 budget as a result of the bond resolutions.
The answer was that the Board really had no way of determining this as there were too many factors at play.
“Somewhere between 0-100%” quipped Board Attorney Brian Nugent.
The Board then voted unanimously in favor of adopting the 2017/2018 budget at $3, 855,310. The assessed evaluation will be $65,992. The percentage change in tax rate per thousand will be .917977. The percentage change in appropriations will be 3.2447%. For the record, the Mayor stated that without the bond, it would have been a $3,709,706, which would have been under what was adopted the previous year. The general fund appropriations is $3,935, 310.
Next, the Board voted unanimously in favor of adopting the 2017/2018 water fund budget at the amount of $813,026 with the total water fund appropriations being equal to that at $813,026.
Agenda for Village Board of Trustees Meeting April 19, 2017
1. Call to Order
2. Pledge of Allegiance
3. Mayor's Update
a. Moment of Silence
b. Resolution – Planning Board/BZA Training Hours
c. Resolution – Appoint Election Inspectors
4. Public Comments
5. Police Report
6. DPW Report
7. Building & Grounds Report
a. Report on Booth
8. Committee Reports
9. Presentation – Solitude Lake Management
10. Public Comments
11. Award Dam Bid
12. Bond Resolutions
13. Continuation of Public Hearing on 2017-2018 Tentative Budget
14. Approval of Minutes
15. Audit of Claims
16. Adjournment
Race Track Nature Preserve Presentation April 8/Public Hearing on the Budget April 12
Please be advised that the Tree Advisory Board is giving a presentation on the Race Track Nature Preserve to Village residents on Saturday, April 8, 2017 at 11:00 a.m. at the Village Hall. The Board of Trustees of the Village of Tuxedo Park will hold a special meeting on Wednesday, April 12, 2017 at 7:00 p.m. for the purpose of holding a public hearing on the Village 2017-2018 Tentative Budget and any other matters that may come before the Board. Additionally, the regular monthly Board of Trustees meeting will be held on the third Wednesday, April 19, 2017, at 7:00 p.m. All meetings will be held in the Village Hall, 80 Lorillard Road, Tuxedo Park, NY.
BY ORDER OF THE BOARD OF TRUSTEES
Deborah A. Matthews
Village Clerk-Treasurer
The Village Board of Trustees met on Wednesday, March 15 at 7pm. All members were present.
Mayor’s Update:
Mayor Guinchard began by expressing her gratitude to both the Village Police Department and DPW for all of their hard work during the recent blizzard. She also thanked residents for staying indoors and keeping off the roadways. She then announced that neither DPW Superintendent Jeff Voss nor Building Inspector John Ledwith would be present at the meeting but their reports would be circulated.
Police Report:
Chief Melchiore reported the following for the month of February:
Non-criminal Complaints – 235
Criminal Complaints – 5
Arrests – 4
Motor Vehicle Accidents – 1 (property damage only)
Uniform Traffic Tickets Issued – 7
Warnings – 8
Fire Alarms – 2
Intrusion Alarms – 9
Medical Calls – 5
Assists Given to the Town of Tuxedo Police – 1
Assists Given to the Town of Ramapo Police – 1
Vehicle Tags issued – 1035 (781 – resident 454 – non-resident)
He then introduced Officer Matthew Jackson, who is new to force. Officer Jackson is in training and will be out and about with Detective Taback shortly.
Mayor Guinchard then asked the Chief to explain the Village’s thank you to the Red Cross, which has been posted to the Village website, and what it meant.
The Chief responded that the Red Cross had given the Village a cargo trailer full of emergency items for the emergency shelter including 150 cots, 150 blankets, a shelter kit, a cooking kit and a mental health kit. These resources will be shared with the Town of Tuxedo as well.
The Department is also working on revamping the “wellness reports” for seniors and residents in need of medical equipment. The lists will be updated and then the department will routinely contact these individuals to make sure that everybody is in good condition.
The Chief then echoed Mayor Guinchard’s appreciation to the community for keeping off the roadways during the recent storm, which allowed the DPW to do a solid job plowing and sanding. There were no motor vehicle accidents reported and no vehicles towed.
Resolution – Bid Award – Sludge Removal Services:
The Board voted unanimously in favor of awarding the contract to Residual
Management. This is a new company for the Village, but they were the lowest bidder and DPW Superintendent Jeff Voss is confident that they are a good choice.
Resolution – The Village Election will be held on Tuesday, June 20, 2017 in the Village Hall from 7am to 9pm. Positions for Mayor (2 years), two Trustees (2 years each) and one Village Justice (4 years):
The Board voted unanimously in favor of this resolution.
Dam Presentation by CHA:
Mayor Guinchard introduced Mike Quinn of CHA, who has been working with the Village on the dam project for almost 2 years. The project is finally “shovel ready” and the BID documents will be advertised starting March 16. A full set of plans and specs are available for review at the Village Office. The project will be funded via bonds, and the Finance Committee has been working diligently on this. Mr. Quinn’s presentation will be posted to the Village website within the next few days for review. The presentation addresses the necessity for doing the project, the DEC’s involvement, communication to the Village and its residents, traffic and road closures, the long-term viability of the project, annual inspections, necessary maintenance, the 10-year engineering assessment, the start date for the project, what it will look like, work to be done by the DPW and erosion control. There will be a CHA construction trailer at the DPW while the project is underway and this is where construction meetings will take place. Work will be performed on both the Wee Wah and Pond #3 dams and is expected to begin at the end of May 2017, concluding sometime in late 2017/early 2018.
A copy of Mr. Quinn’s detailed presentation can be viewed here.
Following the presentation, the Trustees were given the opportunity to ask questions.
Mayor Guinchard inquired as to who would be bidding on the project and whether they (CHA) had specific contractors that they were familiar with in mind for the work.
Mr. Quinn responded that CHA would be contacting several of the companies that they have worked with and found to be good contractors. He hopes that these will be the lowest bidders.
The Mayor responded that she was hopeful that CHA would be able to steer the Village away from poor contractors based on their many years of experience in the business.
Mr. Quinn replied that it was all but impossible to steer the bidding process but they feel that much of the detail that is in the contract drawings should scare off many of the local outfits as there will skill requirements that are unique to certain contractors. The dewatering piece alone is not a trivial matter and will command experienced workers.
Trustee Guazzoni commented that it seemed to him that the Village had three options as follows:
Do nothing and the current dam deteriorates
Tear down the dam and go back to “having a stream the way it was in 1850.”
Rebuild the dam to spec and return the two lakes to their historical levels.
Should the Village decide to do nothing, he wondered whether the DEC would come in and breach the dam or if they would allow it to fester.
Mr. Quinn responded that the dam was on the DEC’S radar as there was a long history of starts and stops with this project. They are happy to see the progress that the Village is making and in their view, the dam has a compliant owner. Should the job be ignored and fail to move forward, the result would be an enforcement action whereby the State would begin going through the necessary legal channels in order to compel the Village to do what must be done. In this case, the two options would be that either the Village breaches the dam or State forces them to either breach it or bring it into compliance.
The Mayor pointed out that if the Village were to breach the dam, many properties would be damaged and/or destroyed as a result.
Trustee Guazzoni replied that he was fully aware of this, but he wanted to make sure that residents understood the options when looking at the costs associated with the project. As currently proposed, it is expected to cost 3.8 million. This breaks down to roughly $700 per family per year for 30 years in order to maintain a nice lake. Trustee Guazzoni feels that this is a very small amount to pay for this.
Mayor Guinchard commented that unfortunately, the previous Village engineer had not provided “the entire picture of everything” when putting together their plans. Not only was there a lot more involved than what was originally presented, but the previous plans did not call for full restoration of water levels in the lakes and this was not acceptable to the current Board. Environmentally speaking, she then asked Mr. Quinn to discuss any endangered species that might be adversely affected by the project, specifically listing rattlesnakes and bats.
Mr. Quinn replied that they had already taken down many of the trees and that this was done mainly in an effort to help the bat population, as they burrow under the bark during the warmer months. They will also be erecting a rattlesnake barrier fence.
Trustee Moon inquired about CHA’s communications with the DEC. Mr. Quinn indicated that threatened and endangered species was one topic they had communicated about, but he asked Mr. Quinn to explain the nature and extent of other topics that had been discussed.
Mr. Quinn responded that in order to do any sort of work on a dam, a dam modification permit was required. He has been working with Scott Bramer in the central office on this. The Engineering Assessment, the Engineering Design Report and the permit drawings have all gone through him and he has signed off on the project. In terms of the Environmental piece, they have been discussing the project with “fish and wildlife people” in order to make sure that when they lower the lake, they keep it at a level that will ensure the safety of the various species within and avoid any sort of fishkill. They are still waiting on the region to provide them with a Notice of Complete Application.
“So, to the best of your knowledge the DEC is satisfied with this plan?” inquired Trustee Moon.
The answer was yes, although they are still working out some of the details with regard to the rattle snake barrier.
Trustee McHugh asked for confirmation that all of the necessary paperwork had been filed with the DEC Region 3.
The answer was yes.
He then referenced an additional $367,000 fee, noted in the BID document, which is for project management. To date the Village has spent $434,000 with CHA. He wondered if this was already a big chunk of that number or if the Village should be expecting to pay it over and above everything else.
Mayor Guinchard noted that Pond #3 had been out of Inspection and that ultimately two inspections, one at each dam, had been required. These totaled roughly $60,000. Then there were 3-4 EWAs (Extra Work Authorization) that needed to be done and this cost $369,000. Then there was a #5 EWA for $98,000.
Mr. Quinn concurred with this.
Trustee McHugh wondered if this then meant that there would be an additional $800,000 added on to the total cost.
The answer was yes.
The Mayor then provided a brief, detailed breakdown of costs to date.
Trustee McHugh commented that at the 2/16/16 presentation the project cost had been estimated at 2.2 million. This figure was revised in April to 2.586 million. In November, Pond # 3 was added, brining the total to 2.853 million. His concern is that between February and April the number was bumped up 15% due to cost over-runs. The numbers that were used were from April 2016, but it is March 2017. He wondered whether Mr. Quinn was concerned about this.
Mr. Quinn explained that the 2.8 figure had not included any of the construction/engineering services or general conditions, which is typically 10% of the construction value. When these costs are included, the number jumps from 2.9 to 3.5.
Mayor Guinchard added that this information had been clearly broken out in the book, had Trustee McHugh read it.
Trustee McHugh responded that he had read the book and that “the numbers are the numbers.” He suggested that a 25% “kicker” had been added, which is how the current figure was arrived at and this was, in his view, indisputable but this does not make a difference. He was really more curious to gauge Mr. Quinn’s confidence level more than anything else.
Mr. Quinn replied that there were initial preliminary estimates, but the engineer’s opinion cost added a vast level of detail to the project that was missing from the earlier reports.
Trustee McHugh countered that the report they had received on December 19, which included the Engineer’s report within it, had for the most part been the same 2.85 million. Then a 25% kicker to cover cost over-runs was added.
Mr. Quinn advised that on top of material and labor costs there was an additional General/Material Conditions cost of roughly 10%. Contractors need insurance, they have to pay holidays, etc. Soft costs such as these account for the 10% bump up. On top of this there was a 7% contingency for design changes or unperceived conditions. This amounts to another “couple hundred thousand.” Then there are engineering oversight costs. Mr. Quinn believes they have been entirely up front with regard to costs.
Trustee McHugh responded that the numbers were what they were. His concern is more with the potential for further unforeseen price hikes. “If it’s 25%, great. If it’s double or triple that, then we have a problem.”
Mr. Quinn responded that he fully understood this concern. He further stated that while he could not guarantee that there would not be unforeseen costs, their estimates were based on years of experience and they believed them to be as accurate as possible.
Trustee McFadden inquired as to when the Bids would be opened.
The answer was April 12.
Trustee McHugh wondered how long the project would take to complete the project once they had broken ground.
Mr. Quinn responded that they had set a substantial completion date of March 2, 2018 and final completion of April 6. This is predicated on starting the project sometime in the last two weeks of May.
Trustee McHugh wondered how much of the project would be done in March of 2018 and the answer was 90%. “We don’t want to lose two seasons of WeeWah. We’re not going to have use of the Wee Wah lake this summer, but the goal is to have the work completed and the lake filled a year from now,” stated Mr. Quinn.
Mayor Guinchard asked Mr. Quinn to explain what people would be able to see and what would be changing as a result of the project.
Mr. Quinn responded that the existing stone masonry would not be torn down or removed. Most of the additions will be either internal to the spillways or below water level. There will not be a lot of visible change. The one significant enhancement/change will be the addition of a parapet wall, which will run along the dam side of road. This will be covered with granite.
Turning to the audience, the Mayor asked if there were any additional questions for Mr. Quinn.
Former Mayor Houston Stebbins inquired about the structure of the Bid documents and specifically whether they had been broken into labor vs material, with the Village buying the materials in an effort to avoid 8% sales tax.
Mr. Quinn responded that they had not. Procurement of materials would take place throughout the project.
Mr. Stebbins wondered why the contractors could not act as the Villages agent, buying on behalf of the Village in order to avoid the sales tax.
Following some discussion it was determined that this structure had already been established and was made clear within the existing documents.
Mr. Stebbins commented that typically contractors added a profit margin on materials as well as labor. He suggested that this be examined and the Village should remain aware of it.
Mayor Guinchard replied that they would do so.
Dena Steele commented that Mr. Quinn had suggested that the dam had been classified based on the existing properties below it. She further stated that the Town of Tuxedo had been discussing the possibility of installing solar panels there or possibly a pool or moving the ambulance corps. She wondered if these things might change the classification.
The answer was no. The dam is already at the highest possible classification.
Ms. Steele then wondered whether there was any sedimentation build up at the base of the dam because of the Warwick Brook and Pond 3.
Mr. Quinn responded that the borings did not show a great deal of sediment.
Ms. Steele then wanted to know how storm water runoff would be handled once a parapet wall had been installed and whether there would be gaps to allow water to flow back into the Wee Wah.
The answer was that the water would all flow away from the parapet towards the downstream side of the dam.
Ms. Steele inquired as to whether the existing masonry was granite.
The answer was yes.
Finally, Ms. Steele wanted to know what would be acceptable landscaping below the dams as trees were not acceptable. She wondered whether shrubs and grasses could be planted there.
Mr. Quinn explained that the slope needed to be mow-able so that the dam could be easily accessed. Tall grasses can be planted there and then mowed down.
Trustee McHugh wondered whether or not the Tuxedo Club might be able to plant grasses along their property abutting the Tuxedo Lake in order to help prevent erosion. This was briefly discussed.
Bond Resolutions for Dam and Infrastructure Projects:
Mayor Guinchard introduced John Schopfer, Financial Advisor and Kevin Roche, Esq.- Bond Counsel, who joined the meeting via conference call. Representing the Village Finance Committee, Maureen Coen presented the Board with a bonding plan for the Dam and other pending Village Infrastructure projects.
The Mayor explained that once the resolutions were passed, the Village would have 10 days to publish them. They will take 30 days to become effective. There is then another 20-day period during which the resolutions are still subject to legal, constitutional challenges. Once these two time periods have elapsed, there is a 1 week period during which the Village looks to offer the bonds and then there is a week after that when they go to auction and then close.
Commenting that best business practice would be not to sign any contracts until all the various time periods had elapsed, Trustee McFadden wondered how many days in total they would have to wait before they could commence the project.
The Mayor responded that is the resolutions were passed that evening the best-case scenario for getting started would be the very end of May. There is a total of 64 calendar days that they must wait once the clock starts ticking.
Ms. Coen then outlined the Finance Committee’s plan, which basically consists of issuing three bonds for three projects: the dam, the reconstruction of Club House and Continental Roads and the relining of three water tanks. The committee is suggesting dual purposes of each of the bonds just in case there are over-runs and/or savings. They are trying to avoid a repeat of the Village’s current situation, in which there are bonds issued but the proceeds can only be used for specific purposes as authorized by the resolutions and some of these purposes are not broad enough to cover what is needed, so the proceeds are sitting there in escrow and the Village is paying interest on them.
There followed a discussion of the various costs of the various projects and how the various estimates had been reached and the numbers for the bonds determined. The proposal for the bonds was then laid out in some detail.
The first bond will be a 15 year/life for $300,000 with an average life of 9.1 years. This will cover the restoration of the roads at a cost of roughly $150,000 apiece.
The second bond will be a 30-year for $606,000, with $135,000 to cover the water distribution and the remaining for various items related to the dam project. This is done in case the dam in comes in under cost, then these monies can be used for other projects throughout the Village. Average life on this one is 19.2 years.
The final bond for the dam rehabilitation works out to $2.864 million.
Ms. Coen noted that these numbers had been based on estimations and would need to be adjusted accordingly.
In order to get the process rolling, the Board must adopt bond resolutions, however since they do not yet know what the actual costs will be, the usual practice is adopt the resolution with a price cap that is higher than the anticipated cost. The Village is not required to spend the cap amount, but this way they will not have to repeat the bond process should the actual costs come in higher then the current estimates. The committee is recommending a cap of an additional $50,000 on the water distribution bond and $100,000 on the dam restoration. They feel the $300,000 for the roads is a fairly firm number and can stay as-is.
Interest rates were then briefly discussed.
Trustee Guazzoni wondered what the Village’s rating was on the bonds, considering thier checkered past.
The answer was AA-.
The Mayor and Trustees then thanked the Financial Committee for all of their hard work in putting everything together.
The Board then moved ahead with each resolution individually.
The first was for a $300,000 bond for roadwork.
Trustee McFadden commented that he felt it would be remiss to the taxpayers not to mention something that he had discovered recently, which is that Governor Cuomo has put 2 billion dollars aside to assist Villages and Towns with various municipal projects.
The Mayor responded that she was aware of this and was already in conversation with the Governor’s office about it. The plans have been sent and Fred Rella, the Village Grant Writer, is working with them.
Trustee McFadden next commented that the Village does not have any actual bids for any of the projects at hand and that he would prefer to wait a month until they had these bids in hand before moving forward with the bonds.
Trustee Guazzoni suggested they add 20% to the cap.
Trustee Moon commented that because it was an “up to” cap-type of resolution, he would be ok with Trustee Guazzoni’s suggestion, but he would also be ok with the proposed $300,000.
Trustee McHugh commented that the estimate for the work was based on the engineer having walked the roadways with the Building Inspector and come up with a ballpark figure. He wondered whether there was any hard data on paper or if they were basing it on the verbal estimate.
The answer was that they were basing it on the verbal estimate, but there will be a more refined figure prior to actual the issuing of the bond.
The nature of the project was briefly discussed.
This was followed by a discussion about what would happen if the Board decided to approve some of the bonds and not others.
Trustee McFadden reiterated that the State has set aside money to assist communities with these types of project. There is a good example n Auburn, where they received $2 million. If the Village were to be successful in acquiring some of this money, it could negate the need for the bonds. Again, he suggested they wait until they had received some answers from the State and also until they had some solid bids for the projects at hand.
Trustee Moon pointed out that interest rates are moving against the Village and that voting in favor of these resolutions was a green light for the process in general. They would not be committing to taking on any debt, it would simply be moving the process forward. He feels it would be “deeply unwise” to table the resolutions.
The Board voted then 4-1 in favor of approving the resolution for moving forward with the first bond for the reconstruction of Club House and Continental Roads in the amount of $330,000 (adjusted as per Trustee Guazzoni’s suggestion) with Trustee McFadden voting against.
Next, they moved onto the second bond resolution in the amount up to $650,000 for the water supply/distribution.
Trustee McHugh inquired as to what kind of estimates they had for this work.
The answer was that they have an oral estimate up to $135,000 for the water tank relining. The rest of the money is for dam-related expenditures.
Trustee McHugh commented that he would be voting no.
Trustee Moon reiterated that in light of the fact that approving the resolution was initiating a simple process by which the Village can get more specific bids and acquire more information in an environment of rising interest rates, he believes it is their duty to vote yes on behalf of their constituency and conduct further investigation. He voted Aye.
Trustee Guazzoni agreed with Trustee Moon, commenting that moving ahead with these resolutions did not mean they would have to draw the money down. He also voted Aye.
Trustee McFadden commented that the Village did not have any solid bids for the project at hand. Additionally, he pointed out that there was a possibility they could obtain grant monies, which could alleviate the need for the bonds altogether and would be great for the taxpayers. Again, he suggested they wait a month until they had more solid figures. He voted No.
Mayor Guinchard voted Aye and initially declared that the resolution had passed, before correcting herself and pointing out that they needed a super majority in order to pass the resolution, meaning that 4 of them would have to vote in favor.
Finally, they moved on to the third resolution for a bond in an amount up to $2.970 million for dam rehabilitation.
The Mayor reminded everyone that they would need a super majority in order to move forward.
“We don’t want to pull the water restoration out of the Milfoil budget,” commented Trustee Guazzoni.
Trustee McHugh then wondered why the Water Department wasn’t issuing the bonds.
He was informed that the Village was the party responsible for issuing bonds.
Trustee Moon commented that he wanted everyone to be clear that the vote they had just taken would take a huge chunk of funding away from the dam and could make the entire project unworkable. Now that they all knew a super majority was needed, he wondered if either Trustee McHugh or Trustee McFadden wanted to reconsider their vote.
“The vote has been taken,” stated Trustee McFadden. “I knew it was a super majority.”
Trustee Moon countered that the engineer had informed them earlier that the DEC was concerned about the auxiliary spillway breaching. Moving forward with these resolutions is a simple way to permit the process to move forward. He urged Trustees McHugh and McFadden to reconsider their votes and allow the projects to move forward and collect bids.
Trustee McFadden responded that he respected what Trustee Moon was saying but he felt that there was no urgent or immediate danger that the DEC was going to come down on the dam. The bids will be in by April 12. Interest rates went up .25% earlier that day and he does not feel there will be another “bang” in the next month. He reiterated his feeling that they should table the vote until next month after the bids had been received.
Trustee Guazzoni commented that there was a big part of the dam project that requires water pipes to be redirected and a lot of this money would be going towards that.
Without the funds, it will be extremely difficult to move forward with the project. Having said this, he suggested they vote on the second resolution again.
Trustee McHugh commented that he understood the circumstances quite clearly. His personal opinion is that he would like to see the bids before they pass the resolution because he does not feel the numbers proposed are even remotely close to what they will actually have to borrow and he feels moving ahead based on the wrong numbers would be “a worthless exercise at this juncture.” He believes the dam construction numbers will be closer to five million. On April 12 they will have their bids and then they can vote.
The Mayor asked bond council to confirm what this would do time wise to the project.
The answer was that the project would be delayed roughly 6 weeks.
The Mayor expressed her concern with this, commenting that May and June were critical months to be working and that things could get pushed back into the following winter when inclement weather could be a hindrance.
Trustee McHugh responded that this may or may nor be the case. They have no way of knowing. They have no concrete numbers to give them any basis for moving forward.
He is not comfortable giving a free option out to a contractor and essentially saying “this is the maximum amount the Village will pay.” He believes this method “communicates completely the wrong thing.”
Trustee McFadden commented that he agreed.
Trustee McHugh stated that he understood Trustee Guazzoni’s points, but he was still voting no.
Trustee Moon stated that he understood Trustee McHugh’s points and appreciated his thoughtful analysis. He voted yes.
Trustee McFadden voted No.
The Mayor Voted yes, commenting that the Village had already hired a reputable engineer who had a history of sound estimates. She feels they need to allow for the project to move forward. She expressed concern that the DEC might interpret their failure to move forward that evening as an attempt to “put blocks” on the project and not fund it.
Trustee McHugh responded that this was an absurd suggestion and that they were fiduciaries of the Village and as this is the largest bond issuance in Village History, they had a responsibility to make sure the money was spent soundly. They need to get an indication of what the price levels are. Should the project come in at 10 Million, it won’t matter what the DEC says, they will have to “enact Trustee Guazzoni’s draconian approach and return to a stream.” Nobody wants this, but it is a possibility. He does not believe they are sending any message to the DEC other than that they are acting as responsible stewards of the Village.
The Mayor countered that she agreed, but they were in the midst of budgeting and this would throw a wrench into that process.
Trustee McHugh responded that they had already agreed that they would be putting a debt service of $205,000 on it. They needed to “hope to hell” the bids came in below that. They have budgeted for it. If it doesn’t go through, they have $205,000+ that they take out of their budget.
There was some discussion as to whether or not this could be done.
There was also further discussion regarding the DEC and their potential reaction to the resolutions not moving forward that night.
Trustee McFadden suggested that a delay of one month was not a “deal killer.” He further commented that he did not understand anyone’s “super urgency” to get this thing done that night as opposed to once they had the bids in front of them in April. It would never be presented that way by the engineer, who has the relationship with the DEC, that the bonds were not going to be issued. Rather he would explain what the issues are, and he is confident that the DEC would “play ball” with the Village.
Trustee McHugh stated that in his view the most compelling argument was that the Village had spent $434,000 on the dam with CHA since retaining them. If this doesn’t show their intent to move forward with the project, he doesn’t know what does.
Again, Mayor Guinchard made a motion with regard to the third bond.
Again, Trustee McFadden commented that he felt they should wait until the bids had come in, so that they would know exactly where they stood. He does not believe one month will cause a huge delay.
Trustee Guazzoni commented that he did not feel they would be able to move forward having authorized only one of the bonds. He expressed concern with the delay commenting that cement needed to be cured at a certain temperature and they would be losing critical work-time, which could ultimately increase the costs. If they do not like where the bids come in, they do not have to pull the money down. Approving the resolution is simply an authorization to move forward and collect bids.
Trustee McFadden suggested that Trustee Guazzoni was employing a “scare tactic” by suggesting that the project could drag over into the following year. “There’s a lot of fat in the construction schedule. I’m sure our engineer could crack the whip and even bring in extra people if necessary so that we wouldn’t have to wait a year.”
Trustee Moon reiterated his earlier points. If the bids don’t come in where they want them to, they can stop the process. He views it as “no harm/no fowl” to get the ball rolling.
Trustee McHugh reiterated his earlier point that he did not feel the DEC would take failure to move ahead that evening as a foot dragging effort, siting the amount of money the Village has poured into the project over the last several years.
The Board voted 3-2 in favor of moving forward, but without a super majority the resolution did not pass.
The Mayor then wondered whether they should move forward with the first bond given that the second two had not passed, suggesting it would not be cost-effective for the Village to do so.
She was advised that it would not be cost-effective.
Trustee Guazzoni then stated “I just feel very sorry for the people who live on Club House and Continental Roads tonight. 3 of us tried to get their roads paved”
“Four of us did,” interjected Trustee McHugh.
“Unfortunately, they are going to have to wait,” stated Trustee Guazzoni.
There was then some discussion regarding what they should do next, given that one of the resolutions had passed and the other two had not.
Trustee McHugh stated that he was hoping everything could just be put off to the April meeting, by which point they would have the numbers and could responsibly approve everything.
In response to Trustee Guazzoni’s remarks, Trustee McFadden commented that the road bond had passed, so for Trustee Guazzoni to suggest that residents on Club House and Continental Roads would not have their roadwork completed, was in his opinion inaccurate.
Trustee Moon commented that the residents of Club House Road are an important constituency. That road has been a mess for a long time and he feels their voices should have been heard.
“Here! Here!,” chimed Trustee Guazzoni.
“To say that their voices won’t be heard is to imply that we are not looking out for their financial interest,” responded Trustee McFadden. “Unless we have bids, which will be an accurate determination of how much taxes people are going to pay that live on Club House, then I think it makes a lot of sense to wait until the bids come in.”
The Mayor responded that she felt they did have a rough idea of what it would cost based on the experienced opinion of the Village DPW.
“We owe it to the taxpayers,” replied Trustee McFadden.
The Mayor countered that she felt they also owed it to the taxpayers to move these projects forward in as expedited a manor as possible.
“The bond passed! Why haven’t the Club House people’s voices been heard?” asked Trustee McFadden.
“I’d like to say that Continental and Club House Roads are in dismal condition,” stated Trustee Guazzoni. “I think that the people living there have been more than patient and hopefully they’ll remember who is supporting the rebuilding of the roads and who is not.”
“It was passed 4-1,” stated Trustee McFadden.
Committee Reports:
Mayor Guinchard reminded everyone that there would be a budget workshop on March 22 from 6-9pm. At the beginning of the workshop there will be a discussion regarding health insurance and the agent will be present.
Trustee McHugh reported that Solitude Lakes Management would be coming to give a presentation. He has been working with them using the February 2014 template. The Board will be provided with a general overview of what they are thinking of presenting and asked to provide feedback. AE Diving was in the Village last week to install the barrier at the South end of the Tuxedo Lake in hopes of getting ahead of the curve and minimizing any floating milfoil they might have coming down the lake. Even though the lake had thawed, the barriers, which were stored over the winter by the DPW, were so heavy that AE was worried they would sink their boats. Therefore, hey will be coming back in April. The divers did go in the water to observe where the largest amount of milfoil was settling and earmark what they anticipated would be necessary this year. The best-case scenario was 55-65 days worth of vacuumed harvesting, with one session in the spring and another in the fall at a rate of $1.080 per day. They have also obtained barrier matt quotes as well for possible installation at the Wee Wah Beach Club and in Pond #3. The DPW is in the process of obtaining prices for iron rods, which would allow them to move the mats around. He will have estimates on these costs at the next meeting.
The Public hearing for the budget will take place on Wednesday April 12 at 7pm.
The Mayor is in receipt of a letter with regard to garbage disposal for weekend residents and the possible reinstallation of a dumpster at the Village Office for this purpose.
Following some discussion, it was agreed that things had improved immensely both in terms of litter on the ground and, more importantly, lurking bears since the dumpster had been removed and therefore, it would not be reinstalled. The Mayor suggested that if anyone had a better solution, they were open to suggestions.
Trustee Guazozni reported that there had been a soft launch of the new Village Website to all Village Committee members the week prior. There have been a lot of comments and changes have been made. A new version will be launched to a limited group this week in beta form for further comments.
Trustee McHugh wondered whether or not the prose had changed.
Trustee Guazzoni responded that it had changed a number of times according the input of various people. He wondered why Trustee McHugh was asking.
“It was very flowery,” responded Trustee McHugh. “I prefer factual rather than flowery prose.”
Agenda for Village Board of Trustees Meeting March 15, 2017
1. Call to Order
2. Pledge of Allegiance
3. Mayor's Update
4. Dam Presentation by CHA
5. Police Report
6. DPW Report
7. Building & Grounds Report
8. Committee Reports
9. Public Comments
10. Approval of Minutes
11. Audit of Claims
Village Board of Trustees Budget Workshop/Special Meeting March 8, 2017
Please be advised that the Board of Trustees will hold a budget workshop on Wednesday, March 8, 2017 from 6:00 p.m.-8:00 p.m. followed by a special Board of Trustees meeting at 8:00 p.m. The special meeting is for the purpose of approving dam and infrastructure bond resolutions, authorizing the bid process for the Wee Wah dam project, and any other matters that may come before the board. Both meetings will be held in the Village Hall, 80 Lorillard Road, Tuxedo Park, NY.
BY ORDER OF THE BOARD OF TRUSTEES
Deborah A. Matthews
Village Clerk-Treasurer
Village Board of Trustees Meeting February 15, 2017
The Village Board of Trustees met on Wednesday, February 15 at 7pm. All members were present.
Mayor’s Update:
Mayor Guinchard began by reminding all residents that they should remember to check the Village website during storms as the Village received a lot of important, useful information from O & R, which they in turn post there.
Next, she announced that Patrick Donaghy has resigned from the Board of Architectural Review. She thanked Mr. Donaghy for his years of service, further commenting that the BAR is currently interviewing applicants and hope to have 2 new members to fill the vacancies by March.
Resolution – Change Planning Board Meeting Dates – The Village Planning Board would like to move their bi-monthly meetings from the 1st and 3rd Monday to the 2nd and 4th Monday of each month. The Board voted unanimously in favor of this change.
Resolution – Restricting the Possession of Firearms and other Dangerous Weapons inside Village Hall – A resolution restricting the possession of firearms and other dangerous weapons inside Village Hall was proposed. Addressing the Chief of Police directly, Trustee McFadden noted that the Chief had expressed to the Board a lot of the issues and holes that currently exist in Village security and he had asked them to purchase a lot of special equipment, which they have begun doing. He therefore wondered why the Chief would support something like this.
Chief Melchiore responded that it would be easier for everyone involved to prevent the possession of firearms inside of Government Buildings. He further commented that this has been done elsewhere.
“It has?” responded Trustee McFadden.
“Yes,” replied the Chief
“Why are you recommending it now?” inquired Trustee McFadden
The Chief responded that he felt it would be easier for them to protect people and that either they needed to pass a resolution of this nature or the department would have to ask the municipality to purchase a metal detector. He feels the resolution would be better. “We don’t want to restrict the use of fire arms in households or in public areas….just inside the government building.”
“You don’t?” called out somebody from the audience.
“So will there be a full time police officer here for the entire meeting?” inquired Trustee McFadden.
The Chief responded that he was present most of the time at the meetings and that he had promised the Mayor and Trustees that if he could not be there, there would be a representative of the department present.
“And you are carrying now?” asked Trustee McFadden.
The answer was yes.
“So, we are going to be guaranteed that somebody will be here with a weapon?”
The Chief replied that unless there was an emergency call, there would be an officer present at all meetings.
“Well, that doesn’t sound like 100%,” replied Trustee McFadden,
Chief Melchiore responded that he could assign an officer to be present; until any such time that an emergency might occur.
Trustee McFadden wondered if this in turn would constitute overtime.
The Chief assured him that it would not.
The Board then voted 4-1 in favor of approving the resolution, with Trustee McFadden voting against.
Resolution – NEAMI Third Party Agreement – The Board voted unanimously in favor of approving the NEAMI Third Party Agreement. NEAMI is the third party administrator handling the claims for Perma, which is the insurance company who deals with Workman’s Compensation for the Village.
Dam Presentation at April BOT meeting – The Board agreed that they would prefer to have a dam presentation from CHA (engineers) at their March meeting. This will be arranged.
Race Track Presentation – Proposed Special Meeting April 8 @ 11am-
The Tree Advisory Board would like the Board to hold a special meeting on Saturday, April 8 at 11am for the purpose of hosting a presentation by Larry Weiner Assoc., who are the landscape architects working on the Race Track.
TAB member Christopher Gow explained that the presentation would provide detailed information with regard to both the long-term vision and methodology behind the project. The reason for the Saturday meeting date is to allow as many residents to attend as possible. After a brief discussion, it was determined that the Board did not need to schedule a special meeting in order to host this presentation at the Village Office and that everyone was in favor of scheduling the presentation as requested.
Governor Cuomo’s Consolidation Plan - Mayor Guinchard asked Board Attorney Brian Nugent to briefly explain Governor Cuomo’s proposed Consolidation plan, further suggesting that everyone should Google it and educate themselves as what is being proposed could potentially have negative impacts on the Village. The Mayors in Orange County will be meeting on Friday February 17 to discuss it.
“It’s terrible,” interjected Trustee Guazzoni.
Mr. Nugent explained that the proposal is suggesting that municipalities will not receive aid and incentive funds from the State unless the legislature enacts his proposed consolidation statute. The Statute as proposed would have each County create a plan for consolidating Government services within and submit it, and if they do not do it or its not accepted, it can then be put to a vote…and if it fails they have to do the same thing the following year and try to come up with a new plan. Most people are upset for two reasons. First, the Governor is basically tying up the funding that would normally be distributed to local municipalities for general incentive and aid and attaching it to the passing of the Statute. In other words, he is in a way holding the Legislature hostage by saying that the municipalities will not receive the money unless they enact his consolidation proposal. Secondly (and most problematic for Villages and Towns) the Counties would be the ones who were responsible for designing the plans for consolidation and not the Villages and Towns that would be affected. The proposal is in the early stages, but the Governor is hoping to see it on the ballot in November.
Trustee Guazzoni wondered if consolidation could mean folding the Village into the Town.
Mr. Nugent responded that it could mean a lot of things; folding Villages into Towns or consolidating Water Departments and/or Police Departments, all at the discretion of the County and not the individual municipalities. How exactly it would be done, Mr. Nugent doesn’t know, but this is the grand plan.
“So it is by coercion and not by mandate,” stated Trustee Guazzoni.
Mr. Nugent responded that it would be mandated in the sense that all of the associated costs would be absorbed by the local municipalities.
Trustee McFadden wondered what the likelihood of the proposal passing was.
Mr. Nugent replied that he felt the likelihood of anything happening this year was very slim. There has already been some pretty heavy pushback on it and there are a host of potential legal issues as well. He thinks it will probably wind up being tied up in litigation even if it does pass.
Mayor Guinchard added that there had already been a big press conference in opposition to this held in Albany. Mayors across the State are holding meetings and representation from the Town of Tuxedo will be accompanying her to the meeting on the 17.
From the Audience, Dena Steele inquired as to whether there were any specified size requirements pertaining to potentially folding Villages into Towns.
The answer was no. Mr. Nugent cautioned that the consolidations would not necessarily be Villages into Towns, but could focus more on Departments. They are looking to see an increase in shared services, such as County police forces and larger water departments and street departments.
Water Quality Discussion – by Village Engineer Pat Hines (McGoey, Hauser & Edsall)/ CSLAP Discussion:
The Mayor introduced Village Engineer Pat Hines, who explained that he had been asked by the Mayor to take a look at some water quality issues in the three lakes within the watershed. He was able to generate information from the Village clerk’s office and the Water Department records, which he used to put together a basic overview as follows:
In 2011, there is documentation indicating that Eurasian Milfoil was discovered in all three lakes. (For those who do not know, Eurasian Milfoil is an aggressive invasive species) The Village began addressing this by hiring a firm called Aquatic Invasive Management and through swimming and scuba diving, they were manually harvesting the plants from each of the lakes during the summer months. Reports show that this has been fairly successful. In checking to see what other effective measures might be employed, Mr. Hines discovered that some other municipalities have introduced grass carp into their lakes as a method of control, but this is not a viable solution as milfoil is not one of their preferred foods and they would eat the more native vegetation first, leaving behind the invasive plants to reproduce. Milfoil is an aesthetic issue. The plant will grow until it covers the surface of the water. If the Village intends to control this, Mr. Hines believes that the method they are currently employing is the most valid one. The Milfoil is not limited by depth in the two smaller lakes, so these run more of a risk of being completely over taken, where as Tuxedo Lake is deeper, which helps limit the growth more to the shoreline areas. The Village is also working with Solitude Lake Management (formally Allied Biological) who perform periodic sampling in the lakes with regard to algae and phytoplankton. This is done to maintain aesthetics and keep the lake from turning green from algae during the summer months, but the sampling also monitors the need for copper sulfate treatments. These treatments help to maintain the aesthetics but also helps to avoid taste and odor issues in the potable water, which could result from the algae blooms. Mr. Hines recommends continuing these treatments.
In 2012, as a result of the issues at the mulching facilities in the Town, the Village hired Watershed Assessment Associates and they performed macroinvertebrate (insect/larva) surveys in the watershed tributary to Tuxedo Lake. They did three samples on Warwick Brook, Patterson Brook and the Potting Shed. The results were very positive. The report recommended a bi-annual screening beginning in 2016. Mr. Hines does not know if this was done, but feels that the sampling provides a good baseline and also is a good way to get a quick health check on the water feeding into the lake. He recommends that it be continued.
In looking at the last 4 years worth of annual reports on the treated portion of potable water, he noted that there have been no violations of any of the Health Department standards for the testing of that potable water, which is a good thing. The treated water quality is very good and there are no issues there. This is a result of the depth of the lake and the intakes being deeper in so that there are no issues with any of the other components that might exist elsewhere in the water.
The discussion then turned to the CSLAP program.
Mayor Guinchard noted that Village had been extremely lucky for a long time to have volunteers such as Susan Goodfellow and Sue Heywood and a number of others. Unfortunately, it is not easy to find volunteers who are willing to maintain programs like this over a long period of time. For something as important as the reservoir, the Board does not want to have anything fall through the cracks. Additionally, they want to make sure that there is consistency with gathering and keeping the data if they are unable to procure volunteers. This leads them towards having a professional take control. They do not wish to take away the volunteers and believe that they can find a place for them somewhere, but if they utilize professionals, they can ensure there is a placeholder to keep the program running. The DPW can be utilized as they already have experience with sampling, and Mr. Hines or Solitude can provide more specific directive as to where they should being taking the samples from. Again, she expressed her gratitude to all the volunteers for the 10+ years they have put in helping with this initiative. The data that they have collected has proved invaluable in assessing the current situation. She also thanked Trustee McHugh, who has served as Liaison on this initiative, further commenting that he would continue in that role,, however now he would be working directly with Mr. Hines in coordinating the efforts.
From the audience Sue Heywood asked for clarification as to whether or not the CSLAPS program was being abandoned and if not, whether the Village had applied for it this year. She further suggested that although they did not have the pool of volunteers they used to, two individuals could successfully run the program quite easily if they are willing to put the effort into it. She and Susan Goodfellow were able to do this for years. Although she had to drop out for a period of time last fall, she is prepared to work on it again.
Trustee McHugh responded that what they were trying to do was to both professionalize and institutionalize the program. This way, everything will be constant and there will be an impartial third party involved in case, God forbid, something were ever to happen with the Pilgrim Pipeline or anything like that.
Mrs. Heywood countered that the resident volunteers involved with CSLAPS were present in the Village almost all of the time and even though they were only physically testing for 4 months, two times a month, in between they were able to keep their eye on the lakes and if problems arise, they contact the appropriate entity. She believes these two efforts should work in conjunction with one another and does not feel that the Village should abandon the volunteers.
Mr. Hines responded that CSLAPS also feels that it is important to maintain the volunteers, as it is actually a volunteer based program. The data that is collected by the program over time can be used to track trends in the water quality, so there is a definite benefit in continuing the program. He spoke with the director of the program, who was both happy and encouraged to hear from him, as they were unsure if they Village wanted to continue with the program due to sporadic participation over the last year. He did discuss the idea of having the DPW get involved in order to jumpstart the program back into productivity and was told that this would be ok but that ideally they would prefer volunteers to run the program. Anyone who performs their samples must attend their training. One great thing about the program is that because it is significantly funded by the DEC the laboratory testing is much less costly than it would be otherwise. Currently the Village pays $370 a year for all the testing on the two smaller lakes, which is significant savings and probably represents the cost of a single sample otherwise. For Tuxedo Lake, the Village pays $470, as they have to take two sets of samples in both shallow and deep water. In looking at the data there are some current trends that show that since 2008 the phosphorous levels in the lake have been increasing. This is a clear water quality issue. The level of conductivity is also increasing. There is definite value to this data and to the practice of tracking it long-term in an effort to protect the watershed.
With regard to Pilgrim Pipeline and the issue of any potential spill Mr. Hines advised
that currently the data that the Village is collecting is not geared towards this and that the sampling that is being done is not identifying petroleum products or any other chemical type spill in the lakes.
The Mayor interjected that Mr. Hines would be working with the Village with regard to the Pilgrim Pipeline and would be assisting them with the SEQRA process. She went on to say that there are a lot of different things happening and various conversations that are occurring between Town and Village Officials and Engineers and Planners concerning the Pipeline. She encouraged anybody who had any questions about what was happening to pick up the phone and call the Village Office or one of the Trustees or herself and inquire. “To say your officials are not doing anything is absolutely false because there is a lot going on,” she commented, “especially town-wise because part of the Town and that is where the project is potentially being proposed. We have to work with the Town because they are the ones who really direct a lot of things as well, because they are worried about the water also.”
Trustee Moon commented that he would like to thank Mrs. Goodfellow for raising this issue. He believes it is very important that residents speak up and let them know when things are not going as they should be. In this case they were able to jump on it right away. He then noted that Mr. Hines had talked about increases in phosphorous and electro-conductivity. He wondered what sort of plans they were planning to devise to study and reverse these trends.
Mr. Hines responded that currently they were not seeing high action levels and there have been no specific algae blooms related to either. The conductivity could be associated with chlorides and ice control (salt). Looking at these kinds of issues within the watershed (control and use) could prove helpful. This was discussed for several minutes.
Christopher Gow inquired about the importance of buffers between the roadways and people’s lawns and the lake.
Mr. Hines responded that buffers were great and that maintaining vegetation along the shoreline was really the best way to keep phosphorous out of the water because it will stick to that vegetation.
“So we should encourage homeowners not to have their lawns go right to the lake. They should have a buffer zone.”
“Right,” responded Mr. Hines. “A lot of phosphorous comes from the homeowners that are applying the Chem Lawns and over use of spray on fertilizers. Any of that stuff that runs off is a big contributor to phosphorous and nitrates in the lakes.”
“That’s not supposed to be used,” stated Dena Steele.
Lili Neuhauser then inquired as to what the Village could do to mandate those residents who are living on the Lake, because clearly some of these behaviors are occurring and they need to be stopped.
Trustee Guazoni suggested that any type of grass fertilizer contains phosphorous and therefore “anybody who has a bright green lawn is guilty of throwing phosphorous into our lake. It’s not only the people at the lake’s edge.”
Mr. Hines agreed with this assessment. He went on to say that although there had been an increase over time, the phosphorous numbers in the lake over all were relatively low. This is the main reason the algae blooms have not been out of control.
In response to Mrs. Neuhauser’s question about how they should move forward, the Mayor stated that she had been talking with the Chief because the first line of defense is the Front Gate. She wondered if there were any other measures they could take to make the community more aware of the situation.
Mr. Hines responded that a lot of it comes down to education on the use of these types of chemicals. A mailer with the water bills (or other such Village wide mailings) can be effective.
“We do that already,” stated Mayor Guinchard.
Mr. Gow wondered how wide the buffer of vegetation between people’s lawns and the lake should be.
“The wider the better,” responded Mr. Hines. “There is really no minimum, but the more natural vegetation you can have and distance to the lake, certainly helps. It provides cooling, and shade is important in shallow waters as it effects oxygen levels in the water which in turn effect algae blooms.”
“It’s a clear case of prevention is cheaper than a cure” stated Mr. Gow.
Dena Steele commented that one of the concerns she had had for a while is that when it comes to lakes management, the Village seems to focusing off-and-on on anecdotal evidence and has stepped away from professional management and a long-term game plan and the long term schedule of regular testing of a variety of different things. She personally found it very upsetting that within 12 months the Village had application of Copper Sulfate three times, and the third time the lake looked unbelievable! It was not only an algae bloom, but there was Ciano Bacteria as well. “This is our drinking water and we are putting in a heavy metal” she commented. “This is not something I feel terribly comfortable with. “ She wondered what Mr. Hine’s firm’s credentials and expertise were in providing the Village with guidance and whether their role would be outlining a management for protecting the lakes moving forward. CSLAP is just one part of this. There is a big scope. “What do you recommend in the long-term schedule of protection?” she inquired.
Mr. Hines responded that he had only been reviewing it for the past 4 days and did not feel he could answer that question. His firm does work for various municipalities that have reservoirs and help them with various management plans.
There followed a brief debate with regard to how many copper sulfate treatments there had been over the course of the last year with Ms. Steele suggesting that there had been 3 over a 12-month period and Mayor Guinchard asserting that there had only been two during the course of the fiscal year.
Ms. Steele suggested that the Village was in need of “cutting edge” help.
Mr. Hines indicated that Solitude Lakes Management (formerly Allied Biological) was monitoring the lakes based on the phytoplankton and algae they are finding they are making recommendations.
“I don’t think we had any problems with Ciano algaes,” stated Trustee Guazzoni.
Jim Hays disagreed commenting that it was the Ciano bacteria or “blue/green algae that had turned the lake such a latex blue color.”
Trustee Guazzoni countered that the Village had tested the water and been advised that dead algae had been the cause of the de-coloration.
Mr. Hays reiterated that another name for this was Ciano Bacteria and that this is what was causing the issues with color. He further stated that while Mr. Hines seemed to be suggesting that there weren’t any major problems, last summer during one of the algae blooms the CSLAPS volunteers had sent a letter to the Board cautioning the algae was so thick that the scum near the shore could be dangerous and that people and animals should stay out of the water.
Mr. Hines responded that his comment had been in relation to the drinking water and not the use of the lake for recreational activity.
Mr. Hays then stated that he was also very concerned about the Milfoil problem. He has some experience in the Adirondacks and there are Adirondack lakes that have become so clogged with the invasive that property values around them have gone to zero. The Milfoil in the Village lakes is spreading and they have yet to do a survey to determine what the extent is, but there are places in the Wee Wah and Pond #3 that are completely covered. It is getting very thick. In his view the Village needs a long-range plan to beat it back and it’s going to cost a lot of money. The longer they let it go however, the more it is going to cost and the lakes could become unusable.
Village Grant writer Fred Rella commented that the Department of Environmental Conservation had an invasive species grant that was due March 27. It is both terrestrial and aquatic and it is $100,000. He will be working with Mr. Gow and the TAC on the terrestrial one and had been planning to ask Trustee McHugh about pursuing it for the Milfoil Issue as the monies could be used for either the physical or chemical removal of Milfoil and the hiring a firm to help remediate these issues and prevent it moving forward.
Trustee Guazzoni stated that he was in agreement with Mr. Hays and that he had been to lakes in Minnesota where they had let the problem go and then either have to invest in matting or purchase a harvester for 2.5 million dollars. “We do this now, or we buy the harvester later,” he cautioned.
Mr. Hines stated that the company that had been performing the physical removal of the Milfoil has been mapping the issue. All of these results have been provided to Solitude. Pond #3 was surveyed and harvested. The Wee Wah was surveyed but divers were not employed there because of the on-going dam project.
The idea of matting was then discussed. Trustee Guazozni wondered whether the intended to use matts in the Wee Wah Trustee McHugh responded that if they wanted to make swimming at the Wee Wah Beach Club enjoyable, they should consider using matting in that area.
Trustee Guazzoni inquired as to how many matts would be needed.
The answer was 3-4.
Trustee Guazzoni then stated that the Board was considering doubling the Village budget for Milfoil.
The conversation then turned briefly to the south end of Tuxedo Lake and the barrier curtain, which had been installed to prevent the Milfoil there from spreading. It has been relatively effective.
Mrs. Neuhasuer wondered what the Village was now looking at spending vs. what they had been spending when they were keeping the problem relatively under control under Mrs. Goodfellow’s leadership.
Trustee McHugh responded that Mrs. Goodfellow had spent a lot of money on studies, but with regard to physical removal it was considerably less.
Mrs. Neuhauser replied that there had not been as much milfoil to remove.
Trustee McHugh agreed, but further suggested that they had experienced warmer temperatures and fewer rainfalls.
Mrs. Neuhauser reiterated her belief that the Village needed to be “really tough” with the residents in terms of phosphorous. Beyond the science, she believes that the Village can be doing much more to educate people and help prevent the problem from getting worse.
Trustee Guazzoni suggested that there were a lot of residents who enjoyed “very green, sparkly, emerald lawns.”
Mayor Guinchard commented that the new divers they had employed this past year thought that the previous divers, hired under Mrs. Goodfellow’s leadership, had done a horrible job because they harvested in cloudy water, which ultimately made the problem worse.
Mrs. Nuehauser responded that she was not looking to place blame on any one person or group and that they needed to determine how they were going to move forward.
The Mayor suggested that there were a lot of different factors at play and that it was not just one issue that could be tackled.
Mrs. Neuhauser wondered whether there should be a police presence on the lake.
The response was that this had actually been done in the past and that in fact, the Police Department had issued some tickets to individuals who were caught boating at the south end of the lake after the lake after the restrictions had been put in place.
The Mayor suggested that education was a key factor and that they should be working with the Tuxedo Club and the Boat Club on this. Also people should not be moving docks around regardless of grandfathered status.
Mr. Gow suggested that the DEC had a great presentation about invasive species and he wondered if they should organize one to be hosted at the Tuxedo Club.
Mayor Guinchard wondered how they could be sure they were capturing the correct audience and further suggested that it might be helpful to have multiple presentations for different audiences.
Mrs. Neuhauster commented that Landscapers were a big part of the problem.
Mrs. Heywood suggested that all trucks needed to be stopped and inspected for chemicals at the Front Gate.
Mr. Hays asserted that there was already a resolution on the books in the Village banning the use of phosphates and that Landscapers caught using it are supposed to lose their rights to work in the Village. He feels that if this is made clear in the springtime as they enter the Village via the Front Gate, that they will not want to take the risk.
Mayor Guinchard wondered whether the Village would be in their rights to turn away any truck with phosphorous on board.
Chief Melchiore advised that this would not be possible because many companies will have the chemicals on their trucks for other stops that they might be making outside of the Village on any given day. He further suggested that what they could do create more commercial vehicle checkpoints. They are already working on a program to advise the contractors on a bunch of ordinances anyway, so they will make this a part of that. They are also going to meet with their Environmental Conservation Officer as well as the Lake Warden and the Tuxedo Club. They are going to both educate and enforce.
Peter Regna noted that in “cruising the web” he had stumbled upon a material called Aquaside, which appeared to be a pellet that kills milfoil. He wondered about the viability of this type of treatment.
Trustee Guazzoni advised that the use of herbicides required a severe permitting process because of the reservoir. Additionally, the two smaller lakes feed into the Ramapo River.
Ms. Steele reiterated her concern that the Village had been employing antidotal practices, such as stocking the lake with certain fish, rather than creating a long-term plan to combat and control the problem.
Trustee McHugh argued that Solitude Lakes Management had advised them that they had been doing things backwards and that since that time, the Village had been following their recommendations for moving ahead.
Mr. Hays suggested that when the Board moved forward with things like this, it was important for them to openly communicate with the residents so that they were aware that plans were being made and that the Village intended to promulgate them, because frankly he felt that people had no idea and that it appeared as though nothing was being done.
Again, Trustee Guazzoni suggested that the Village would be doubling their Milfoil budget.
“We are discussing it,” interjected Trustee McFadden.
Mrs. Neuhauser wondered how much this would amount to (the doubled figure)
The answer was $100,000 for one calendar year. It is anticipated that it will take 3-5 years to get the problem under control. $52,000 was spent this past year.
Mayor Guinchard commented that she felt they should double the budget for the coming year, but then evaluate the situation on a year-by-year basis.
Ms. Steele stated that she felt the grants referenced earlier by Mr. Rella could be a great thing.
Trustee Guazozni then wondered about the dangers associated with Copper Sulfate.
Mr. Hines indicated that he could not provide this information.
The Mayor asked Mr. Hines to speak briefly to the quality of the drinking water and Mr. Hines reiterated that there were no problems and that the water treatment plant was doing a great job with no violations over the course of the past 4 years.
Public Comments:
Mrs. Neuhauser noted that she had been seeing a lot of the older vehicle tags throughout the Village and she wondered what, if anything, the Village was intending to do about this.
Mayor Guinchard responded that while the Police could stop these individuals at the Front Gate, they could not legally confiscate the old tags.
Trustee Guazzoni noted that the older tags were also being honored at the South Gate.
Chief Melchiore responded that this was going to stop and that all vehicles with outdated tags would be stopped and sent around to the Front Entrance.
Trustee Guazzoni stated that if the Village were to receive an electronic license plate reader, the tags would not be necessary. They are currently awaiting news of a grant that would allow them to obtain this equipment.
Michele Lindsay provided the Board with a brief Town Board Update. A public hearing on the Town’s proposed Comprehensive Plan was held the night prior and they received many comments. They will continue to receive written comments until February 27, after which they will probably be taking all of the comments and channeling them into some sort of workshop style meeting for the purpose of incorporating them into the plan.
A meeting with the Department of Transportation has been scheduled and the Town has been working with the Village of Sloatsburg on the Complete Streets Initiative. Sloatsburg recently received a fairly hefty grant to assist them in making improvements to the Route 17 corridor through their town and Tuxedo is hopeful to be receiving some funding as well. The two municipalities would like to work together on the initiative in order to maintain some continuity. One idea they have been discussing is a “Road Diet” which would turn 17 into a 3-lane roadway, with the center lane utilized for turning only.
The County will be installing a new 911 tower in Maplebrook and there has been a push to add Verizon cell service to this, which would improve reception for their many customers in the area.
Next, Mrs. Lindsay thanked the Board for posting her letter regarding the Pilgrim Pipeline to their website. She indicated that currently there was a big push among all Towns and Villages long the Hudson River is to get representatives in Albany to amend the transportation law to add Towns. As the law currently stands, villages and cities have the ability to ban the pipeline but towns do not. She and Supervisor Rost recently met with Senator Bonacic to see if he would be willing to sponsor the amendment in the Senate, but unfortunately the Senator has stated that he is not in a position to do so.
Moving forward, once the DEC announces that the process is beginning, the Town will be holding more SEQRA related workshop meetings.
Trustee McFadden wondered, should the Federal Government come through with funding for any infrastructure type projects, whether there was anyone in the Town that was aware of how to get involved with this and applying for this type of funding and if the Village might want to get involved in this.
Mrs. Lindsay responded that she supposed they would need to wait and see what kind of infrastructure projects the funding would applicable to.
Trustee McFadden suggested there could be funding for things like bridges, tunnels and roads, with a private sector/government sector partnership. While it may be too early, he felt that it might be important to get involved and in his view, the motivation might need to come from the Town.
Mrs. Lindsay responded that a ½ interchange at Route 17A was still in the Comprehensive Plan. She felt it might be a good exercise to have specific infrastructure projects identified and suggested that she would speak to the Highway Department about it.
Trustee Guazozni asked for an update on Tuxedo Farms.
Mrs. Lindsay responded that they were still busy with grading the property and laying some of the basic infrastructure. They have indicated that they would like to start building in the spring, however they are looking for a number of waivers from the Special Permit as approved in 2010. Some of these include the use of Vinyl siding and non-operational window shutters along with a change in the size of front door posts. The Farms will be presenting all of the requested waivers at the next Town Board meeting on February 27 and Mrs. Lindsay encouraged everyone to attend.
Police Report:
Chief Melchiore reported the following for the month of January:
Criminal Complaints – 4
Non-Criminal Complaints – 251
Arrests – 1
Vehicle Accidents - 3
Traffic Tickets Issues - 12
Traffic Warnings Issued – 10
Alarms – 10 (3 Medical)
Assists Received from other Police Departments – 2
Vehicle Tags Issued - 1,024
Declare Equipment as Surplus – the Board voted unanimously in favor of declaring some old computer equipment as surplus. This equipment will be destroyed.
Police Officer Appointments & Retirement - The Board voted unanimously in favor of accepting the retirement of Officer Jim Ascione, effective May 31, 2017.
They also voted unanimously in favor of appointing 2 new part-time officers, Ryan W. Smith and Mathew J Jackson. Both have completed the first phase of the Police Academy and will be sponsored by the Village for the second phase, which includes firearms training. The officers will cover the cost of phase two along with the necessary ammunition and the Village will provide the firearms. Upon completion, they will be certified as Police Officers and will be officially hired by the Village. There will be agreement whereby the officers must remain with the Village for at least 1-year and should they leave prior to that, they would have to reimburse the Department for any expenses accrued.
Trustee McHugh inquired about the deer culling.
Detective Taback responded that he had completed a distance survey, which is a part of what is needed to obtain a culling permit. Understory and foliage are a large part of this as well. There are approximately 63 deer currently living within the Village, 20 of which are does. They do not recommend a cull for this year. The threshold is 14 does per square mile. Next year, a cull will be needed.
DPW Report:
The DPW has been very busy responding to issues associated to the wide range of weather that has occurred over the last several weeks. In addition to this, they have begun removing trees on and around the Pond #3 dam in preparation for the work that will be done there. Use of a tree service will be necessary in order to remove some of the larger trees. They have also been busy cleaning and removing debris from the area across the street from the DPW facility.
Mayor Guinchard reported that she had asked Superintendent Voss to provide her with an estimated cost per inch for snow and ice remediation and that this has been very helpful. She thanked him for his efforts in this regard.
The Superintendent noted that the Village is currently at the threshold for the amount of salt they put in for. When they reach 120% of what was filed for, the price increases by 10%. He advised that they might want to increase these amounts in next year’s budget.
Trustee McFadden inquired as to how much had been budgeted.
The answer was that $50,000 was budgeted and $48,000 has been spent to date.
Building & Grounds Report: Projects Updates – Building Inspector John Ledwith reported that the Village was continuing to work on lining up the necessary license agreements for those people who have property adjacent to the Pond #3 and Wee Wah Lake dams.
Working with John Kinnear they have finalized the plans for the Booth renovations. 6 sets of the plans have been distributed to interested contractors.
There were some issues with a communication line between the water plant and the water tanks, which were repaired.
Mr. Ledwith also met with representatives of Verizon with regard to a possible micro tower in the Village, possibly to be installed at the Ridge Road Water Tanks. This is new technology that would involve a tower to be installed on top of an existing poll. This addition would only be able 2 feet in height and 1 foot in diameter. The tower would be “fairly invisible” although it would have to extend slightly above the treetops. Mr. Ledwith feels that it would be a net positive for the Village monetarily.
Mr. Ledwith also met with a representative from the water company to discuss some ideas on possibly replacing the water meters, which is an idea that has been touched on periodically over the past two years.
Ms. Steele wondered whether Mr. Ledwith was coordinating with Mrs. Lindsay with regard to the emergency tower that was being installed in Maplebook as they will also be installing a Verizon tower in that location.
Mr. Ledwith responded that what would be installed in the Village was not an emergency tower but rather a Micro Boost Station.
Ms. Steele replied that she understood that what was being proposed was not an emergency tower, however if Verizon was already planning to install something on top of the emergency tower in Maplebrook, it might alleviate the need to install an additional boost station within the Village.
Mr. Ledwith responded that the boost station would be free of cost for the Village and that both towers would surely be of assistance to customers in the Village.
Committee Reports: Update by Grant Writer Fred Rella – The Village was awarded an additional $50,000 for the Wee Wah Dam through the State Municipal Facilities, sponsored by Senator Bonacic. Mr. Rella and the Mayor will also be meeting with the Senator on a date yet to be determined to discuss the idea of more significant funding for the dam project. Congressman Maloney submitted a request to the Senator via a callout that he put to certain communities for projects. The projects that Mr. Rella has put in for are the dam repair work, a DPW truck, a wood chipper, Milfoil control and eradication and a license plate reader and SUV for the Police Department. The Congressman was instrumental with the Dam Safety Act and the Dam Rehabilitation and Repair Act in which $433 Million dollars were recently allocated for this purpose. Currently, the method for disseminating these funds is being determined but Mr. Rella feels that because he is the Village’s Congressman and he is well aware of the situation that exists with the Wee Wah Dam and it’s connection to potable water for so many people, that the Village has a good shot at getting something substantial out of it.
Two tree grants will be filed at the end of February. The first is for a tree inventory to be done in the Village and the second is for the actual acquisition of trees. Each grant is in the amount of $50,000. The Village cannot acquire the trees unless they do the tree inventory first, so the two go hand-in-hand.
Tree Advisory Board – Mr. Gow provided the Board with a brief update on the Race Track Nature Preserve. In order for them to achieve their goal for the space, which is to create a self-sustaining preserve that will not require watering or much maintenance at all, they must first remove the invasive species that currently exist there. This is quite costly. To date, TAB has not received any grants, although they are working on this. Landscape Architect Larry Weaner, who is working on the project, just received $500,000 in State Funding and $130,000 in Federal funding in order to assist with invasive species removal on another project he is doing just over the Hudson River, so they are hopeful. In the meantime, TAB has raised $128,000 from past and present Village residents and they are looking to acquire permission from the Board to utilize $100,000 of these funds before the growing season starts to begin eradicating the invasives. Again, the methodology for the project will be outlined by Larry Weaner himself during the aforementioned presentation on April 8. Mr. Gow further reported that Arbor Day would take place on Saturday, April 29 at 2pm down at the Race Track. They will be unveiling a plaque identifying the founding stewards who have donated $5,000 towards the project as well as awarding a prize in honor of the individual who has helped the most this year. At 5pm, at the Cheymore Gallery, a limited addition print of the Racetrack, created by Gallery Owner, artist and life-long Village resident Mae Shore, will be unveiled. The print will also be available at a gallery in New York City.
Following some minimal discussion, the Board voted unanimously in favor of allowing them to move forward with using the $100,000 to get the invasive removal underway.
Mayor Guinchard added that TAB had been asked to speak at the conference for Tree City USA in Albany next month. Chair Hempel has put together a beautiful presentation and everyone is very excited to attend.
Finance Committee – Trustee Moon reported that the committee has been interviewing new auditors. The previous auditors have been on board for at least two decades and they feel it would be a good idea to get a fresh set of eyes involved.
Secondly, the committee is working to enhance internal controls. “Our internal controls are fine,” stated Trustee Moon “We do not mean to cast any dispersions or impune anybody’s integrity.” He went on to say that are looking at things such as the handling of currency. Making FOIL requests or photocopies is one thing, but handling larger amounts of cash is something the Village might look to avoid.
Mayor Guinchard added that they had already begun enhancing some of the controls and although they were planning to wait until they heard back from the comptroller and the auditors before making more detailed enhancements, there are three things they would like to put into place immediately.
The first is that moving forward the Village will no longer be able to accept cash for more than $20. Secondly, Trustees will be authorized to sign deposits and bank statements, and finally once vouchers are signed, checks must be compared directly to them and signed off on by the Mayor.
Following some discussion, these three things were approved unanimously.
Trustee Liaison Updates:
Trustee McFadden reported that with regard to Term Limits, he had put in some suggestions to Attorney Brian Nugent and in his opinion this is ready to bring to the floor whenever the Board wishes to talk about it.
With regard to Village property use, he commented that as had been discussed in other meetings they were waiting for the budget to be ready before they began making recommendations.
As for the sewer system, specifically the idea of different types of properties with different types of uses, some in the Town that are using the Village sewer system etc., he and Mr. Ledwith made a report to Mr. Nugent several months ago and so, whenever the Board wants to bring that to the floor it is ready for discussion.
Regarding the Ridgeline Law, in speaking with the Planning Board and BZA, both groups felt strongly that there were no changes needed in order to prevent the type of drilling and noise that occurred last summer. This can be done under current law now that they have been educated and have an understanding of what they could have stopped but didn’t (recommending different drill techniques and things of this nature) They feel that they do not need any new legislation or changes to the code.
With regard to the new Village website, Trustee Guazzoni reported that the latest beta would be ready for a soft release within a few days and could be expected to go live next week sometime.
Agenda for Village Board of Trustees Meeting February 15, 2017
1. Call to Order
2. Pledge of Allegiance
3. Mayor's Update
a. Resolution - Change Planning Board Meeting Dates
b. Resolution - Restricting the Possession of Firearms and Other Dangerous Weapons Inside Village Hall
4. Water Quality Discussion - by Village Engineer Pat Hines (McGoey, Hauser & Edsall)
5. Trustee Liaison Updates
6. Police Report
a. Declare Equipment as Surplus
7. DPW Report
8. Building & Grounds Report
a. Projects Updates
9. Committee Reports
a. Update by Grant Writer Fred Rella
10. Pilgrim Pipeline Update
11. Public Comments
12. Approval of Minutes
13. Audit of Claims
Village Board of Trustees Meeting January 18, 2017
The Village Board of Trustees met on Wednesday, January 18, 2017.
Trustee McHugh was absent.
The meeting began at approximately 7:15pm following an attorney/client session.
Mayor’s Update:
Mayor Guinchard opened the meeting by reminding everyone to be extremely careful with regard to ice, noting that she had recently fallen and injured herself, resulting in emergency surgery.
Grievance Day – Grievance Day will take place on Saturday, February 21 at the Village hall from 5-9pm.
Budget Workshop Dates – The Board scheduled budget workshops for the following dates and times: February 15 from 5-7, February 21 from 4-5pm, March 8 from 6-9pm, March 15 from 5-7pm and March 22 from 6-9pm.
NYCOM 8th Grade Essay Contest – Mayor Guinchard announced that the New York State Conference of Mayors is inviting all eighth grade students currently enrolled in a school located in a city or village in New York State to participate in a statewide essay contest addressing the topic “If I were Mayor, I would….” Copies of the flier outlining the details were sent to TPS as well as to Meg Vaught for distribution both in George F. Baker as well as on TPFYI. Information has also been posted to the Village website. The deadline for submissions is March 8.
Recognition of Outstanding Ambulance Corp Member – The Mayor will be attending the annual Ambulance Corps dinner next weekend, at which she will be presenting a certificate in recognition of an Outstanding Ambulance Corp member.
A resolution authorizing the Mayor to sign off on the license agreements for the easements involved with the WeeWah and Pond #3 dams was unanimously passed.
A resolution regarding indemnification for Board members was briefly discussed and unanimously adopted. The resolution was an affirmation of the Village Board’s current position concerning the actions of individual Village Board members, which essentially states that the Board members are indemnified in so much as it pertains to their role as Board members, but if any of are found guilty of something pertaining to their actions as an individual, they are on their own legally. Individual Trustees do not have the power to act for and/or on behalf of the Village. Statements published to others by individual Trustees do not constitute statements made by the Village or the Board of Trustees excepting specific authorization by resolution of the Trustees. The disclosure of confidential information discussed during executive sessions is a violation of New York State municipal law and if could result in removal from office if knowingly made. Finally, the resolution publicly denounced and affirmed its opposition to any statements made by any Trustee that is defamatory or slanderous toward any person and expressed its opposition to the disclosure of confidential information acquired during executive session.
Police Report:
Chief Melchiore reported the following for the month of December:
Criminal Complaints – 0
Non-Criminal Complaints- 153
Automatic Fire Alarms – 2
Other Alarms –11
Medical Calls – 3
Traffic Tickets Issued –32
Traffic Warnings Issued – 5
Vehicle Tags Issued – 1,010
Assists Given to the Town of Tuxedo Police – 3
Assists Received from the Town of Tuxedo Police –0
Assists Given to the New York State Police – 2
Additionally, an estimated 1000 vehicles enter the Village via the Front Gate every day.
Appointment of Part Time Police Officer – The Board voted unanimously in favor of appointing part-time police officer Sean Grady at a rate of $23.52 an hour effective January 23, 2017. This brings the total number of part time officers in the Village to 17.
DPW Report:
DPW Superintendent Jeff Voss reported that the department has been keeping very busy with various tasks. The roadways have required a fair amount of salting recently due to the high number of small snows/ice. Additionally, because the weather has been fairly mild, they have been able to sweep some of the roads. A dumpster was filled with scrap metal at the DPW facility and will be picked up shortly. They have also been working with the Police Department on various tasks at the station and have been assisting the Tree Advisory Board with the placement of logs along the stream beside Tuxedo Road. Finally, there was one water leak, which they dutifully repaired.
The Village’s sledge howler contract (waste water management plant) expires on March 31 and Superintendent Voss requested that the Board set a bid opening date for this, further suggesting that they consider having it coincide with the bid opening for the Booth project.
For the benefit of the public, Mayor Guinchard explained that the sledge howler was a something that the Village needed to do annually as part of their regular maintenance at the Waste Water Management Plant.
The Board then voted unanimously in favor of setting a bid opening date of March 1 at 2pm.
There followed a brief discussion about the Village’s fuel contract and when it was set to expire. It was agreed that this information would be reviewed in order that any necessary action could be taken in a timely manner.
Superintendent Voss then reported that the previous Friday he and Chief Melchiore had traveled to the RED CROSS where they picked up various disaster preparedness items, which are now being stored in the South Gatehouse. Some items received include 50 cots, blankets, 25 coats and hand warmers. Chief Melchiore added that in the near future the RED CROSS would also be sending the Village a 20-foot trailer loaded with additional disaster supplies. These resources will be shared with the Town of Tuxedo.
The Chief went on to note that online disaster training has begun in the Police Department. He expressed his gratitude to Superintendent Voss and the entire DPW for all of their work in assisting his department with all of this.
Mayor Guinchard further expressed her gratitude to the Superintendent, noting she felt it was important to thank publicly for his assistance during her accident, as the ambulance would not have been able to reach her without his help.
Building and Grounds Report:
A copy of the building and grounds report can be viewed here.
Building Inspector John Ledwith reported that by the end of the week he anticipated that 6 of the 8 license agreements with regard to work on the both the WeeWah and Pond #3 dams would be in place by the end of the week. Additionally, the Village in conjunction with Chiu Yin Hempel and the Tree Advisory Board has filed an application with Trees for Tribs for some plants and shrubs to be used in stabilizing the soil along the WeeWah Lake near the DPW facility. He has also been working with Orange and Rockland on a plan to relocate utility wires that currently run into the Village right at the Front Gate. The wires would be rerouted up the hill across from chase bank to Nursery Road and then back into the Village further up along Tuxedo Road just before the first, big sweeping curve the right. The rerouting of these wires will help to clean up the front entrance and improve the overall aesthetic there.
Proposed plans for the Booth are available for public review at the Village Office. The Board intends to set a bid opening date of March 1 for this project.
Home sales in the Village have been active.
Finally, the Police Department conducted some visits to a few derelict properties, which have become, for all intensive purposes, attractive nuisances. The Building Inspector noted that he would like to discuss this with the Trustees further in an executive session as he believes these particular homes are detracting from the property values around them.
Trustee Guazzoni inquired as to how many telephone poles would be removed as a part of the O & R wire relocation.
The answer was 4.
He further noted that a directional sign for Route 17 had been installed right near the intersection of Park Ave. and Tuxedo Road and he wondered if it might be possible to remove it.
From the audience, Town Board member Michele Lindsay responded that she would inquire about this.
Set Bid Opening Date for Booth Project- The Board voted unanimously in favor of setting a bid opening date of March 1 at 2pm for the booth project.
Project Updates – Wee Wah Resolution – The Board voted unanimously in favor of a resolution authorizing the Mayor to submit a written request to the DEC for the downgrading/reclassification of Pond #3 to from a B to an A. (low hazard) In brief, this reclassification would allow for a reduced inspection schedule which would ultimately save the Village money.
Trustee Guazzoni wondered whether the DEC was considering the Wee Wah and Pond #3 as one body of water.
The answer was no. For a number of reasons, most notably it’s proximity to the railroad; the Wee Wah Dam has recently been reclassified and raised to a C.
Committee Reports:
Trustee Guazzoni noted that the real estate market in the Village was currently strong, with 30 properties having been sold in the last year and 30 more currently on the market. 20 of the properties sold fetched priced of over 1 million with one exceeding 4.5 million. 10 or 11 of the houses currently on the market have a 2 million dollar price tag attached.
In general, property values are going up and people seem to making return profits on their investments. He believes that the Village is being rewarded for decent management practices in the past year.
Public Comments:
Michele Lindsay briefly updated the Board with regard to 4 important Town related issues.
First, the Town Board will hold a public hearing on the updated comprehensive plan Monday January 23 at 7pm. This plan was last updated in 2010. Notable changes include some zoning updates (historically, zoning was not made to comply with the comprehensive plan) as well as various other small “tweeks.” The basic goal, given the financial situation in the town, is to diversify the tax base. Tuxedo Farms will double the amount of housing in the Town and so they are looking to diversify the tax base beyond housing.
Secondly, the Town has been moving towards a community choice aggregation for electricity. The Town will have to pass a local law allowing the company that does aggregation to collect data on usage so that they can put together a proposal for the town with regard to supply prices. At this time, they are looking at residential and commercial entities. The company is signing up several towns and will then negotiate prices. It is an opt-out program, which means anyone can opt out at any time. It is renewable based. The company is called Good Energy. It’s not a huge savings, but is a savings none-the-less. If the Village wanted to proceed with a similar plan, they would need to pass their own law.
Trustee Guazzoni and Mayor Guinchard noted that the Village had also met with them last year.
Next, Mrs. Lindsay reported that the Related Companies are seeking several waivers from the Smart Code the Tuxedo Farms project. Specifically, they would like to allow for Vinyl siding. Additionally, they would like to change the some of the rooflines and are also hoping to move away from fully functional shutters. The Town is looking to put together a workshop meeting to be attended by the Town Board, Planning Board, Zoning Board and Architectural Review Board for the purpose of reviewing and discussing the proposed changes. This meeting will be open to the public. A date has not yet been set.
Finally, with regard to the Pilgrim Pipeline, Mrs. Lindsay reported that under the Pipeline tab on the Town Website there was information regarding a state-wide call in that will be running next week where residents can place a call to Governor Cuomo asking him to put a stop to the project. Click here to access this information.
Mayor Guinchard added that both the Village and the Town had been working hard behind the scenes to combat the pipeline. She further noted that there seemed to be quite a few rumors floating around the community about all of this and she encouraged anyone who might have a question about it to go directly to the source rather than to rely on the rumor mills.
Trustee Guazzoni commented that he had heard that the Quarry Field property was being rezoned for residential and commercial use. He wondered if there was any truth to this.
Mrs. Lindsay responded that the Town owned the property in questions and she believed the intent was to use it for recreation, although they had been considering it as a potential location for a solar field. She does not believe it has been re-zoned but will check.
Audrey Perry commented that there was an old, sign located near the South Gate that reads “Entrance for residents only. All others please use main gate.” The sig is old, dirty and on the wrong side of the road, which makes it difficult to see. She suggested that perhaps if the sign were updated to include some different, more decisive language and then installed on the correct side of the road, it might be more effective in deterring unwanted traffic back there.
Trustee Guazzoni agreed that the sign needed to be replaced and further suggested that there should be two signs, one on either side of the road. He also agreed that the language should be updated and more matter of fact. He has already been working on this. It will be taken care of.
While on the topic of the South Gate, Mayor Guinchard noted that the new long arms had been installed. She inquired as to whether or not the supports would be installed in the near future.
DPW Superintendent Jeff Voss responded that they needed to do some concrete work in order to put them in and that this would be done in the near future.
Meg Vaught inquired as to the status of the new Village website.
She was informed that it was completed and ready to go, although a launch date was not provided.
Finally, Mayor Guinchard noted that the Village was looking to initiate some sort of Police Officer appreciation, similar to what is done by the ambulance corps and the fire department. She has begun conversations with the Chief as to how to appropriately move forward with something like this.
The Board then entered into an Executive Session, after emerging from which they voted on two additional motions.
Authorize Signing of Agreement
A motion was made by Mayor Guinchard, seconded by Deputy Mayor Guazzoni that the Board authorize the Mayor to sign a memorializing agreement with a resident concerning a prior dispute over a utility installation.
Vote of the Board: 4 ayes, 0 nays
The motion was passed by a 4-0 vote
Create Part Time Position
A motion was made by Mayor Guinchard, seconded by Deputy Mayor Guazzoni that the Board authorize the creation of a part time building inspector/code enforcer, if necessary.
Agenda for Village Board of Trustees Meeting January 18, 2017
1. Call to Order
2. Pledge of Allegiance
3. Mayor's Update
a. Announce Grievance Day - February 21, 2017 from 5:00 - 9:00 p.m.
b. Set Budget Workshop Dates
4. Trustee Liaison Updates
5. Police Report
6. DPW Report
7. Building & Grounds Report
a. Projects Updates
8. Committee Reports
9. Public Comments
10. Approval of Minutes
11. Audit of Claims
