VILLAGE GOVERNMENT

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Village Board of Trustees Meeting July 14, 2010

The Village Board of Trustees met on Wednesday July 14 at 7:30pm. All members were present.

Mayoral Report:
Mayor Stebbins began his monthly report by acknowledging the events of July 7th. Commenting that the assault and murder constituted a tragic and unfortunate first in the history of the Village, he offered his sympathies to Jackie Green and her family. Additionally, he expressed gratitude to the Tuxedo Park Police Department for their rapid response and their part in the arrest as well as the Fire Department and the Ambulance Corps for their assistance. Cautioning that the investigation is on-going, the Mayor requested that residents refrain from asking specific questions about the situation for the time being.
The recent heat wave left Orange and Rockland struggling, unsuccessfully, to provide power to the Village water plant. The loss of power caused one of three pumps to stop running, resulting in a draw down of water from the water towers and a subsequent decrease in water levels. As a result, water restrictions were put in place. Thankfully, Tom Smith of the Water Department and DPW Superintendent Jeff Voss were able to quickly identify the problem and rectify and the Village narrowly avoided a major crisis. Mayor Stebbins acknowledged both gentlemen and thanked them for their diligent work on behalf of the Village.
With regard to Village finances, the Mayor reported that as of May 31, 2010 the Village surplus totaled $600,000, which can be considered favorable as it is roughly 17% percent of the total budget.Although the Village expects to use an additional $190,000 of surplus funds, the balance should still total 12% of the budget at the end of fiscal year 2011. Cash balances remain equal to what they were a year ago.

Deputy Mayor Report:
Deputy Mayor Pompan had nothing to report.

Policed Report:
Police Chief Ken Sanford reported the following for the month of June:
Criminal Complaints: 6
Non-criminal Complaints: 73
Property Damage Complaints: 3
Speeding Tickets Issued: 23
Fire Alarms: 1 (False)
Burglar Alarms: 4 (False)
Medical Calls: 4 (False)
Assists Received by Town of Tuxedo Police: 7
Assists Given to Town of Tuxedo Police: 2

Additionally, 12,533 untagged vehicles entered the Village through the Front Gate.

With regard to the recent homicide, Chief Sanford reported that because the investigation was on-going he was limited in what he could say. He then gave a brief account of the incident commenting that on Wednesday July 7th, 2010, Orange County 911 received a call from a female residing at 26 Lookout Stable Rd, Tuxedo Park, NY indicating that she was the victim of an assault as a result of domestic violence. The Village of Tuxedo Park Police and the Town of Tuxedo Police Department responded to the residence and located the victim, Mrs. Jacqueline Green, 62, and had her transported to Good Samaritan Hospital in Suffern, NY.
The New York State Police SORT entered the residence and located Mr. Daniel Green, 66, deceased inside and the victim of a homicide.
A subsequent joint investigation by the Village of Tuxedo Park Police, the Town of Tuxedo Police Department, the Orange County District Attorney’s Office and the New York State Police has resulted with the arrest of Jesse Green, 30, for Murder 2nd degree. He was arraigned before the Town of Woodbury Justice David Levinson and committed to the Orange County Jail, without bail.
The Village Police Department had 9 officers working on the investigation and were assisted by over 40 emergency and police personnel. The chief expressed gratitude to the people in his department for their strong work in securing the scene, assisting the victim, protecting the residents and helping to make an arrest within 4 hours of discovering the crime. He also thanked the Board of Trustees for their support.

DPW:
As a result of the recent trouble at the water plant, DPW Superintendent Jeff Voss recommended that the Board consider replacing one of the three pumps that move water up to the Village water towers. He estimated that the cost of this would be just under $10,000. It was agreed that he would investigate more specific pricing.

Water Department: On behalf of the Water Department, John Ledwith reported that payment plans are progressing well. A Hydrant was knocked off it’s piping near the Front Gate and the responsible party has been billed roughly $4,200 for the repairs. A potential issue with some poorly insulated pipes in the town that could possibly freeze next winter was discussed.

Public Comments:
Peter Regna publicly refuted recent ill rumors that have linked him to Jesse Green with accusations that he attempted to gain Jesse’s favor for the purpose of influencing mother Jackie Green to vote in favor in a project he had before the BAR. Additionally, it has been suggested that Mr. Regna contributed funding to Kristia Cavere’s political campaign, which was managed by Jesse Green. Commenting that his position as a planning board member placed him in the service of the Board, Mr. Regna reiterated that he had made no overtures to the Green Family in exchange for favors. Commenting that he has long maintained a “clean record” he expressed his desire to be publicly on record refuting these accusations.

New Business:
Purchase of a GPS Unit for DPW and Water Department:
The purchase of a GPS Unit for the DPW and Water Department for the purpose of locating water and sewer lines was discussed. Village Engineer Rich Messer recommended a specific unit, the cost of which is roughly $6,200. After some discussion with regard to the capabilities of the unit and potentially cheaper options, it was agreed that Mr. Messer would gather more information detailing why Westin and Sampson has chosen this particular unit.
New Communication System For Police Department:
The idea of instituting a new communication/alert system for the police department was discussed. This idea was originally proposed in March following the winter storms. The system would serve as a method of quickly passing important and emergency alerts to residents. Chief Sanford reported that he had been researching a couple of different systems and hoped to line up demonstrations moving forward. Trustee Wilson commented that the Tuxedo Land Trust has created a proto-type of this kind of system that they would be happy to share with the Village. It was agreed that Deputy Mayor Pompan and Trustee Wilson would work together with Chief Sanford to move forward with this idea.
Roof Repairs for DPW Building:
There are two options for repairing the leaky roof at the DPW building:

1. Spot repairs
2. Install a new roof

Old Business:
Update on Flow Testing & Sewer Main Relining Project:
Village Engineer Rich Messer reported that flow testing is progressing well with the lion’s share of testing taking place in the late night/early morning hours. A draft report will be submitted to the DEC by the end of July with the final report due mid-October. The purpose of the flow testing is to help prioritize 16 sub-areas in which smoke and die testing will then to take place in order to determine where leaks are and then a plan for report will be formulated.
Update on Tuxedo Lake Dam and Club House Rd. Water Main Projects:
Detailed plans for the Club House Rd. project were presented, reviewed and discussed.
Update on Chlorine Building:
Repairs at the chlorine building are progressing nicely and are almost complete. Once repairs are finished, testing will begin.
Update on Village Plans to Issue $1.5 Million of Public Debt:
The Village expects to go to Markey and issue a deal for $1.5 million in late July/early August. Once issued, there is flexibility and the Village can adjust the size of the issued amount if they choose to do so. By law, debt is required to maintain level debt service for the Village

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Village Board of Trustees Reorganization Meeting July 14, 2010

The Village Board of Trustees held it’s annual Reorganization Meeting on July 14, 2010 at 7pm.
Newly elected Trustees Thomas Wilson and Robert Zgonena were ceremonially sworn in to office, following which a list of appointments and procedures for the coming year were approved.
Mayor Stebbins acknowledged former Trustees Jim Hays and Charlotte Worthy for all of their hard work and many contributions to the Village during their years of service. Each will be presented with a commemorative glass bowl.

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Agendas for Village Board of Trustees Reorganization Meeting & Regular Monthly Meeting July 14, 2010

Click to download the Agenda for the Village Board of Trustees Reorganization Meeting

Click to download the Agenda for the Village Board of Trustees Regular Monthly Meeting

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Board of Trustees Takes Proposed Tree Legislation Off The Table

The Village Board of Trustees held a special meeting on July 1, 2010. Trustee Worthy was absent.

Mayor Stebbins opened the meeting by thanking those residents who came forward to express their thoughts and concerns with regard to the proposed Local Law Introductory #3 regarding restricting tree topping, cutting and removal. While many of these thoughts and concerns were constructive, the Mayor commented that there did appear to be some misunderstanding within the community. The Board had been discussing tree-cutting issues within the community for over 1 year prior to the June 23 public hearing. It had become clear to the Board that the existing law had many deficiencies, one of which was the inability to prosecute some offenders based upon the way it was written. Unfortunately, this poor drafting of the code appeared to some as selective enforcement, but this was not the case. Consequently, all of the Trustees recognized the need for a new law, which they began discussing publicly 6 months ago, regrettably with little input from residents. After months of debate amongst themselves, a draft for the new law was created and the Board decided to move the process forward by obtaining public comment. Regrettably, the perception within the community seemed to the be that the Boardís intent was to move forward with the legislation regardless of public reaction, however, this was not the case.
At the June 9 Board of Trustees meeting the question was raised as to why this legislation should be pursued just before new trustees were to take their seats. The answer was that the Mayor felt it was important to have those trustees most knowledgeable about past Board discussions as well as tree preservation legislation that has been used in other communities be involved in concluding the process rather than to starting from scratch and re-debating the issue with new trustees. At this same meeting, the question was raised as to what the reaction of the Board would be should the public put forth a great deal of opposition to the legislation as proposed. The answer was that should this happen, the law would be reworked. Sadly, some residents were under the misguided impression that the Board was trying to railroad through the legislation.
Mayor Stebbins considers tone and content of public discourse on government to be very important and he implored residents not to encourage “disparaging sarcasm” within the community as the Village is too small of a community for such negativism, especially considering that all the Boards are manned by volunteers. Commenting, “we are you and you are us” the Mayor went on to say that in this light he felt the proposed tree legislation had had a positive effect in motivating residents to come forward with their thoughts and opinions as well as alternative solutions. Constructive comments are always welcomed.
With this, Mayor Stebbins made a motion to withdraw the current proposed Local Law Introductory #3. Trustees Pompan and Hanson voted in favor of this while Trustee Hays abstained.
Mayor Stebbins then proposed that Trustee Pompan put together a “blue ribbon panel” consisting of no more than 5 residents for the purpose of re-crafting and redrafting the legislation, to which he would serve as Trustee Liaison. The panel would be given a budget of $1000 with an interim report due by October 15, 2010 and draft legislation expected by November 8, 2010.
Trustee Hanson expressed his opposition to this idea, commenting that he does not believe a panel is necessary as the Board can simply discuss the matter amongst themselves and save the Village $1000.
Trustee Pompan disagreed. In his view resident participation has played a key role in the process to date and the citizens of the community should continue to participate. Trustee Hays agreed.
The Board then voted 3 to 1 in favor of establishing the panel with Trustee Hanson voting against.
Following the vote, Trustee Hanson inquired of Mayor Stebbins, which residents would be on the panel.
Mayor Stebbins replied that the process of putting the panel together would now be under way and volunteers were welcome, however in his view in order to keep things moving forward constructively, the number should be limited to no more than 5.
Trustee Hanson responded by inquiring if he could be on the panel and Mayor Stebbins told him he could not as it was to be a panel of residents.
Trustee Hanson countered that he was a resident and Mayor Stebbins reiterated that Trustees would not be allowed.
Trustee Hanson then pointed out that Trustee Pompan would be on the panel, but Mayor Stebbins corrected him by confirming that Trustee Pompan would be the panels’ Liaison.

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Agenda for Special Village Board of Trustees Meeting July 1, 2010

1. Call Meeting to Order
2. Mayor's Comments
3. Local Law Introductory #3 of 2010 regarding Restricting Tree Cutting, Topping and Removal
4. King/Duchin Building Permit
5. Leiter Letter Request
6. Authorize Advertising for bids on the West Lake Road/Clubhouse Road Water Line and set the bid opening date for July 23, 2010 at 11:00 a.m.
7. Adjourn

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Village Board of Trustees To Continue Public Hearing on Proposed Tree Law July 1, 2010

PLEASE take notice that a special meeting of the Board of Trustees will be held on Thursday, July 1, 2010 at 7:30 p.m. in the Village Hall, 80 Lorillard Road, Tuxedo Park, NY, for the purpose of reviewing Board of Trustees minutes, continuing the public hearing on Local Law Introductory #3 of 2010 (Tree Law) and any other matters that may come before the Board.

BY ORDER OF THE BOARD OF TRUSTEES
Deborah A. Matthews
Village Clerk-Treasurer

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Special Village Board of Trustees Meeting/Public Hearing for Proposed Tree Law June 23, 2010

The Village Board of Trustees held a special meeting on Wednesday June 23, at 7:30 pm for the purpose of conducting a Public Hearing for Local Law Introductory #3 of 2010 restricting tree cutting, topping and removal. Trustee Hanson was absent.

Mayor Stebbins began the meeting by briefly outlining the purpose of the proposed legislation, which is to provide a balance between the preservation of trees in the Village and a property ownerís right to maintain their property in a manner they deem most fitting. The Public Hearing was then opened.

David du Pont began with the following remarks:
Why is the Village Government contemplating voting upon an important piece of legislation in a lame duck session?
Topping is defined as “…cutting of a tree’s trunk or main stem, more than 3 feet below the treeís top.” This means that no permission is required to top a tree less than three feet from its top and there is no time limit dictating how often one can take 2.5 feet off each new top. Section 47-4 states that no cutting, etc. can take place (line 5) without the written approval of the owner of the property. My question is to whom is the homeowner addressing this letter? If the homeowner is doing his own work, is a letter still required?
Nowhere in the proposed law does it state how the Village Government proposes to use the funds raised from the fines collected. May I suggest that a good starting point would be for the Village to use said collected fines to clean up its own property starting with the removal of dead Village trees from our lakes.
The existing tree law has been a complete failure for two reasons. A)It had no teeth and this proposed law seeks to correct that failure and B.) The current law has never been enforced. Is it the intent of this Village Government to strictly enforce the proposed law and if so, how? Clearly expecting the Building Inspector to do so failed in the past, so are we dependent upon residents alerting the Building Inspector and what role will the gate play when commercial tree cutting services seek to enter the Village?

Kathy Norris commented that although she is a tree lover, she is concerned with the legislation as proposed. Commenting that she is in agreement with Mr. du Pontís remarks, she further stated that in her view many of the definitions as outlined (specifically Significant Tree Vs. Large Tree as well as Site Plan) and terms used are arbitrary and unclear and she fears that this will open the door for favoritism down the line. She expressed concern with the idea that neighbors might be expected to report each other for violations and suggested that the legislation needs more thought and review.

Trustee-Elect Robert Zgonena read aloud the following statement, which he had previously submitted to the Board:
I believe there are several categories of consideration applicable to regulation of trees. These categories include, but may not be limited to, geographic sensitivity, endangered species and specimen trees, “historically” significant trees (in the sense of George Washington slept here not a particular size or age), and substantial trees that may be incontrovertibly identified with a community (for example, moss-covered oaks in Savannah).
I am unclear why 5 inches in the minimum diameter for a subject tree. Tuxedo Park is in no danger of deforestation and we have a healthy and plentiful supply of young trees. Many communities do not, and a 5-inch tree may in fact be significant and meaningful. This is not a problem in Tuxedo Park and a 5-inch tree may not be reasonably large enough to warrant regulating.
I am unclear on the fixed quantity of 1 tree per acre. How was this number determined, and why was it done to the exclusion of a density-test? An acre is a very large piece of land and 1 tree does not seem to be a reasonable standard.
I am extremely concerned that the proposed law would have an ownerís desire to remove a tree over 10 inches voted on by a governing Board. This introduces a level of subjectivity where defending decisions will be extremely difficult.
I question subjectively regulating an ownerís desire to do tree work in the interest of “retaining existing public viewsheds and landscapes consistent with the listing of the Village on the National Register of Historic Places”. At Tuxedo Parkís inception the area was clear cut, then manicured into several thousand acres of gardens. Trees are in fact a new development in our history and very much obscure many of the historical homes as they were originally presented to the public view.
When asking the simple question “what is the common thread that runs through all the grievous tree work in our Village”, there is a single theme that clearly emerges. Homeowners with lake views that have grown over are overwhelmingly at the center of tree cutting controversy. This simple revelation leads one to conclude that perhaps the focus of a tree law should not be a restrictive Ordinance that makes tree cutting as difficulty and onerous as possible, but one that fosters reasonable tree care and in fact encourages tree projects and, most importantly, well-executed plans. In this way I believe that substantially all of the abusive tree work that has been done over time has a chance at being done in the optimal way.
I am extremely concerned about censuring a hired labor force for work contracted by an owner. On the grounds of expecting to be reasonably well-informed of local Ordinances in the course of normal business, I am not sure it is a normal expectation that a contractor himself would worry about being fined for a hired contract. I have done a limited policy review of a number of other similar towns in the United States. There are many useful things that I think we could integrate into our new Ordinance that may not have been considered by the Village. Among these, fee income from permit applications, property-line buffer zones, strict rules governing bonding, timing, and completion of jobs, etc. Also, I believe there is much to be learned from a review of case law from other towns being sued for tree laws.
I also strongly feel that we have a much more imminent problem with existing dead trees. The storms of late winter 2010 and subsequent damage to power and property should have been a clear warning to maintain our properties. I believe the focus of our current effort s should be on eliminating dead trees throughout the Village in the interest of safety.
In conclusion I believe that there would be no massive unchecked tree cutting without a tree law. People in Tuxedo Park generally love nature in all its grandeur, especially in trees. But I also believe that we live in a residential community of extremely special homes and pay dearly for that privilege in the form of maintenance and taxes. We need a tree law that protects trees for the right reasons and encourages well-executed tree maintenance. I have listened to the creation of this law as an audience member for many months, but now as a Trustee-elect that must serve to enforce I would like the opportunity to incorporate meaningful changes into this Ordinance before it is passed.
Once finished reading his letter, Mr. Zgonena commented that in his view the Village is, in many spots “an over grown jungle” and that emergency services (Fire and Ambulance) already have issues navigating some Village roads as a direct result. He further stated that he feels that those home owners who have clear-cut trees should be congratulated for opening up views and exposing their homes seeing as historic homes and beautiful architecture is a major component the Villageís marketability. Finally, he inquired as to when the legislation would take effect if passed.

Sally Sonne commented that she was in agreement with many of the points already stated and went on to state the following:
The proposal for new and more restrictive laws on cutting trees seems to have been initiated as a response to one massive tree cutting on the part of a resident who was attempting to restore the property to what it had been before the uncontrolled tree growth of the past 50 years. Everyone else is now being punished, by imposing more red tape and expense. In fact, the whole Village will suffer, as property owners decide that they will forgo tree cutting to avoid the hassle. We have seen what happens in ice and windstorms. The roads are impassable, with fallen trees, and utility lines down, sometimes for days. Many trees, especially hemlocks, are dead or dying, creating unsightly and hazardous situations. There are also many overly-mature trees that appear to be healthy, but are in fact weak and unstable. Have you looked at the stumps of the trees that were recently removed from the Tuxedo Lake berm? Some were about 90% dead. There are also many junk trees that are crowding out the good ones. We should be encouraged to engage in extensive tree thinning. This new proposed law will certainly discourage property owners. We rely on our expert tree companies to give advice and do the work. With all due respect, it is an insult to even think that this work has to be approved by Village Boards, who are certainly not tree experts. A site plan and site visit involve extra costs and delays.
Now to specifics:
I see that in Section 47-5, B. there is no procedure mentioned for dead trees in the “significant tree” category. Therefore, a significant dead tree will require a site plan, site visit, and perhaps the advice of a Village-hired arborist. This is absurd. I will tell you now that we have a large dying, but not totally dead, hemlock, that is perched on a cliff and would fall across Turtle Point Road and probably utility lines. We haven’t yet had it removed because of the expense, and this year many other trees required attention when they fell across our driveway and throughout the property during winter storms. I donít know whether this is a “large” tree, or a “significant” tree, but I have no intention of crawling out on the cliff to measure it. With this new law, we will probably just leave it and take our chances.
Now from the Historian (who couldnít be here tonight): Section 47-5, C. #4, This is in reference to the Guiding Policy for the law. “ Retaining existing public viewsheds and landscapes consistent with the listing of the Village on the National Register of Historic Places.” The Historian says, “If history has any importance in a law concerning the cutting of trees, properties would be required to cut many, many, more trees to create views for the “historic” houses, and therefore making these houses visible to others. That’s the way it was. The Village was not listed on the National Register for its trees.”

Beth Glynn commented that she is thrilled to see fees imposed for people who cut down trees that should not be cut as she had a neighbor who had cut down a plethora of trees, seriously altering views from her property in the process, without permission or notice.

Peter Regna stated that he was in agreement with Mrs. Glynn. He went on to say that over the past 10 years there have been a couple of unauthorized “massive clippings” in the Village and that while these have exposed houses that are nice to look at, it is important to consider the possible adverse effects to the environment that these, and other such “clippings” have/could cause, specifically increased run-off and sedimentation into Village lakes. He further commented that he is concerned about enforcement and inquired as to whether or not there would be a specific method of ascertaining whether subject trees are dead or alive. Mr. Regna is not in favor of the topping provision as often times topping a tree can kill it and he feels it would be difficult to ascertain how much of the tree should be taken or had been taken after the process was completed. With regard to cleanup, he recommended that a more specific procedure be clearly outlined. Finally, he commented that in his view, the proposed legislation is a good step towards a beneficial end.

Trustee-Elect Tom Wilson commented that can see both sides of the issue at hand and that many good observations had been made. He expressed his concern with the potential storm water run-off issues that can result from substantial tree removal and recognized that there is not a “quick and easy” solution to the problem.

Mark Furstein outlined two specific concerns as follows:

1. He is unclear as to how the proposed legislation relates to construction. Specifically, if a homeowner has an overgrown property and would like to create a lawn, would this law as proposed, allow for that?
2. As proposed the legislation allows 1 tree per acre. A property owner who has 1/4 acre is allowed 1 tree and a property owner who owns 1 to 2 acres is also allowed 1 tree. Mr. Furstein does not feel that this ratio is fair or appropriate.

Alan Yassky inquired as to what is wrong with the existing tree law other than the Villages impotency in enforcing it. He suggested that the Board should simply “put teeth” into the existing legislation. He feels the tone of the law as proposed is arrogant in assuming that intelligent property owners would not have the know-how to responsibly remove trees from their own properties. He commented that in his view, the proposed law is “over-kill” and represents time not well spent. He would rather see the Board contemplating ways to remove/quell the issue of geese droppings in and around the reservoir.

Robert Silvay stated that currently there are several dead trees on his property that need to be cut, however if passed, the proposed legislation would deter him from doing so because of the hassle and expense involved. He commented that just because the Village seemed incapable of enforcing the current law, they should not create a more complicated more onerous one. He agreed with Mr. Yassky that the tone of the proposed law is arrogant and inquired as to whether or not the Village had explored tree laws in other communities when creating this one. He commented that he is mystified that the Board would attempt to pass such broad rules in the 11th hour of an administration, labeling this ridiculous, and wondered how they intend to enforce what they are proposing if they were incapable of enforcing the existing law.

Gary Glynn commented that he could see two advantages to the proposed legislation:

1. It will fix the defects in the old law, specifically the lack of “teeth”
2. The scaling of the number of trees to the property size is a nice way of balancing clear cutting vs. prohibition.

Joan Alleman commented that in her view the Village has so many other important issues to deal with and they have really “put themselves behind the can” with this one. She feels that there are currently “more trees in the Village than when Columbus discovered America”. The main issue at hand is clear-cutting. Houses with views were built for that purpose and they should be allowed to keep those views provided this does not infringe on the neighbors.

Alan Heywood suggested there should be a provision that allows for the cutting of dead trees. He stated that the main focus of the discussion seemed to be those homes with lake views, however the Board should also consider the rest of the homes in the Village and how this would affect them.

Paola Tocci inquired about those property owners who refuse to cut dead trees, commenting that in many circumstances this poses a public safety issue. She suggested there should be a provision for this circumstance.

As there were no other comments from the public, Mayor Stebbins announced that he would now ask each Trustee for their response to the comments received. He went on to say that many speakers had inquired about the current tree law and why the Board felt the need to update it. He pointed out that the current law has several defects in terms of applying it to certain situations, particularly that where anybody other than a property owner was involved. He feels that it is important to have a law that can apply appropriately. Additionally, the legislation will help mitigate potential environmental issues such as erosion control, storm water run-off and potential adverse effects on the lakes. In his view, a law like this is essential in this topography.
Deputy Mayor Hays noted that the proposed law does not restrict the trimming of tree limbs in any way and that in most cases, views can be obtained by simply trimming off branches rather than removing an entire tree. Therefore, people should understand that the legislation does not restrict anyoneís right to a view. He pointed out that while the law provides for 1 tree per acre per year, that this can be over-ridden by the Board if they so chose and that situations will be reviewed on a case-by-case basis. Finally, he commented that in his view there should be no restrictions placed on the removal of dead trees.

Trustee Worthy commented that nobody can predict any number of particular reasons or circumstances for cutting down trees. She reiterated Deputy Mayor Hays remarks by noting that there was a provision built into the proposed legislation that allows a way for requests to be reviewed on a case by case basis and exceptions to be made. If a property owner wants to do more than what the confines of the law allows, they can go before the Board. She further stated that the removal of trees often times effects more than just the property owner who is removing them. She fears that people are confusing restriction with an obligation to report and have certain situations reviewed by the Board. She stressed the importance of relying on experts (arborists) for information and commented that in the meantime, the Village could not allow property owners to take down massive amounts of trees, which could have adverse environmental effects not only on neighboring properties but also the three Village lakes.

Trustee Pompan thanked those present for attending the hearing and commented that resident views are an extremely important part of the law-making process. He went on to say that in his view the current tree law has many deficiencies, most notable of which is the lack of “teeth” in the form of a clear cut fine structure. He believes that this law would have had teeth had it been enforced however the Village lacks the ability to properly enforce the law. While he appreciates the environmental issues, he feels the new law must be simple, clear, enforceable and in no way subjective. Additionally, he feels there is an issue with the tone of the proposed law in that it is arbitrary as well as restrictive and subjective and he is against anything this subjective in nature. In his view, the law as proposed assumes that property owners do not have the competency to make decisions regarding trees subjectively. Additionally, he is opposed to the idea of bringing in an arborist to review cases as this will be an added, unfair expense for residents. He is concerned about enforcement, specifically how the proposed law will be enforced when the Village is having such difficulty enforcing the current law. He commented that there had been a lot of good feedback from the public and that he feels that the Board should take these comments and make substantial changes to what exists, including the overall tone. The last thing he wants to see is neighbors at each other’s throats or an increased risk for litigation in the Village.

Following the Trustee remarks, the Board embarked on a lengthy section-by-section review of the law as proposed. Several modifications were made. To view a redlined copy of the law, reflecting these modifications, please click here.

The public hearing will be continued on Thursday, July 1 at 7:30pm.

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Agenda for Special Village Board of Trustees Meeting June 23, 2010

1. Call Meeting to Order
2. Open Public Hearing on Local Law Introductory #3 of 2010 regarding Restricting Tree Cutting, Topping and Removal
3. SEQRA Review for Local Law Introductory #3
4. Approve Publishing of East Lake Road and Wall Project for Competitive Bidding
5. Adjourn

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Agenda for Special Board of Trustees Meeting May 26, 2010

1. Call Meeting to Order
2. Insurance Cost Savings – Discussion about the Town's Proposed Health Insurance Plans for its Municipal Employees
3. Liability Insurance Presentation – Bob Stubbs, Marshall & Sterling, Inc.
4. Approve Recommendation to Hire Public Resources Advisory Group, Inc. as Financial Advisor to Village for Debt Issuance
5. Discuss Current Draft a New Proposed Local Law Regarding Trees
6. Discuss Obtaining Clean Surplus Soil from NYS Construction Site
7. Vote on New Proposed Local Law Adding a New Section 100-24 to the Code of the Village of Tuxedo Park Providing for a Restriction on the Siting of Structures to Ensure the Hazard Classification of Village Dams are not Increased Thereby.
8. Budget Transfers
9. Discuss Flooding Complaints
10. Adjourn

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Public Hearing for Proposed Tree Law in the Village

Click here to download The Notice of Public Hearing (PDF) on Local Law Introductory No. 3 of 2010 Restricting Tree Cutting, Topping and Removal as well as draft of the proposed law.

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Village of Tuxedo Park Board of Trustees Meeting June 9, 2010

The Board of Trustees met on June 9, 2010 at 7:30 PM. Mayor Stebbins; Deputy Mayor Hays; Trustees Pompan and Hansen were present. Trustee Worthy was absent.

The Mayor’s Report:
There will be another Board of Trustees meeting to be scheduled in June to get caught up with adoption of minutes and other matters. A motion was presented and carried to hold this meeting on Wednesday, June 30.

The Deputy Mayor’s Report:
The phosphate ban is being implemented. There was a discussion whether sample testing should take place to make sure that the landscapers and property owners are in compliance; whether more notification to residents and landscapers would be beneficial; and whether the Village should request a response acknowledging compliance.

Deputy Mayor Hays said it was an honor to have served on the Board for the last two years. He felt that the Board has worked particularly well this past year.

Police Report:
Chief Sanford reported police activity for previous month:
65 non-criminal complaints
0 criminal complaints
17 traffic violations, including 6 speeding tickets
13 false alarms including 5 for The Tuxedo Club (4 burglar; 1 fire)
4 medical calls
8 assists for Town police
3 assists from Town police
8935 non-tagged vehicles entered the Village
There was discussion of Section 29 of the Village Code which requires a warning after 2 false alarms from one property; a request for inspection after 3 false alarms; and fines after more than 3 false alarms to which police respond. The Tuxedo Club’s 5 false alarms were discussed.

Trustee Hansen questioned the noise law as it pertains to the Tuxedo Club’s use of leaf blowers on the tennis courts on weekends. The Mayor decided that a letter will be written to the Club to figure out a way to work out the noise ban.

Mayor Stebbins discussed the renewal of vehicle tags which expire in June. He requested numbers from the police of the different applications in each category. Current rules will be clarified and followed.

Building Inspector and Water Department Report:
Building Inspector John Ledwith presented 2 building permit applications; one was approved and one was deferred.
Kevin Craigís application for changing colors, doors and landscaping at 23 Ridge Road was approved.
John Kingís application for renovations at his Clubhouse Road property was deferred. The property does not have road frontage and therefore the Board discussed options for parking vehicles during construction and after occupancy. Village Attorney Rick Golden will draft a licensing agreement for parking on Village property.
The water quality report was completed and mailed. Delinquent water customers were discussed. Some customers have accepted the amnesty program and are in compliance with restructured payment schedules. Some customers continue to be delinquent and will have notification that their water will be turned off. This does not include residents in the Village because delinquent water bills are added to tax bills.

Advisory Committees
Village Improvement Advisory Committee:
Michele Lindsay reported that VIAC had conducted a survey of trees along Tuxedo Road, West Lake Road and East Lake Road. The locations of trees that could pose a threat to road safety were identified. The Board requested that VIAC identify these trees in 3 categories: Village property; Private property; Trees that Orange & Rockland might be responsible for cutting.

Public Comments:
Kathy Norris spoke on behalf of Ann Hu, Circuit Road, who wishes to be in compliance with the Village’s request for remediation of tree cutting.

Michele Lindsay spoke in favor of changing recycling to alternating weeks of paper/plastic as suggested by our recycling contractor. This would allow the contractor to use a larger vehicle and residents would not have to tie bundles or break down boxes. The dumpster would no longer be necessary.

New business:

• A resolution was approved to hire an actuary to estimate health care liabilities for GASP-45 in the Village’s Audited FY2010 financial statements.
• A resolution was approved to hire Orrick, Harrington as new bond counsel for a fixed fee of $10,000 for issuance of long-term municipal bonds.
• A resolution was approved to change the Village’s procurement policy to be in accordance with new State policies. The amounts for which the Village needs to put projects out for public bid have been adjusted for inflation. The amount has been raised to $35,000.
• A resolution was approved to accept the $32,800 bid for sewer line repairs from Lash Engineering.
• There was discussion of advantages/disadvantages of using the Town of Tuxedo’s Tax Assessor for Village tax purposes. Trustee Hansen sees cost advantages of using the Town’s Assessor. Mayor Stebbins and Trustees Pompan and Hays see advantages for John Ledwith to continue as Village Tax Assessor because of his knowledge of the properties and because the Board would continue to have a say in the choice of tax assessor.

Old business:
The Board agreed to set a Public Hearing for a new proposed Local Law regarding trees on Wednesday, June 23.

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Agenda For Village Board of Trustees Meeting June 9, 2010

1. Call Meeting to Order
2. Pledge of Allegiance
3. Reports
   • Mayor and Deputy Mayor
   • Police, DPW and Water Dept.
   • Advisory Committees
4. Building Permits
5. Public Comments
6. New Business
   • Resolution to Approve Hiring An Actuary to estimate liabilities for GASP-45 in Village's Auditied FY2010 Financial Statements
   • Resolution to Approve hiring Orrick, Harrington as new Bond Counsel
   • Resolution to Ammend the Village's Procurement Policy
   • Resolution to Approve Lash Engineering for sewer line repairs
7. Old Business
   • Agree on a New Proposed Local Law Regarding Trees and Set a Public Hearing Date
   • Approve a $150,000 increase in the Village's Bond Offering to $1.5 million
8. Approve Minutes for March 10th, and 23rd, 2010
9. Adjourn to Executive Session to Discuss Building Dept., and Employee Matters
10. Audit of Claims
11. Adjourn

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Agenda for Special Board of Trustees Meeting May 26, 2010

1. Call Meeting to Order
2. Insurance Cost Savings – Discussion about the Town's Proposed Health Insurance Plans for its Municipal Employees
3. Liability Insurance Presentation – Bob Stubbs, Marshall & Sterling, Inc.
4. Approve Recommendation to Hire Public Resources Advisory Group, Inc. as Financial Advisor to Village for Debt Issuance
5. Discuss Current Draft a New Proposed Local Law Regarding Trees
6. Discuss Obtaining Clean Surplus Soil from NYS Construction Site
7. Vote on New Proposed Local Law Adding a New Section 100-24 to the Code of the Village of Tuxedo Park Providing for a Restriction on the Siting of Structures to Ensure the Hazard Classification of Village Dams are not Increased Thereby.
8. Budget Transfers
9. Discuss Flooding Complaints
10. Adjourn

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Village Board of Trustees Meeting May 12, 2010

The Village Board of Trustees met on Wednesday May 12, 2010 at 7:30pm. Trustee Pompan was absent.

Mayoral Report:
Mayor Stebbins began his report by announcing that two Village residents Rob Zgonena and Tom Wilson, have submitted nominating petitions for the position of Trustee in hopes of filling the seats that will be vacated by Trustees Hays and Worthy in July, The Mayor thanked both gentlemen for their interest in public service and their willingness to serve the community. He then commended Trustees Hays and Worthy for the tremendous amount of hard work, good will and patience they have put in as Trustees over the past two years and this was met by a round of applause.
The Board of Trustees has recently been the subject of some negative comments circulated throughout the community via e-mail. In an effort to address some of these concerns, Mayor Stebbins commented that the recent increase in village taxes is not due solely to legal expenditures. He commented that Village taxes have been kept artificially low over the past several decades due to the lack of attention to infrastructure. Now that infrastructure issues in the Village are finally being addressed, they must be paid for somehow. In response to the accusations that the Board of Trustees allowed the litigation against the Village Gates to occur, Mayor Stebbbins commented that the accusers are misinformed. Rather it is his belief that because Tuxedo Park is such a small community it is always best to resolve issues without litigation. That being said, he further commented that the Village is strengthened in its resolve to defend both its roadways and its gates. Finally, on the subject of change, he commented that should circumstances warrant significant change within the Village, it can and will occur and that the Board does not stand in opposition to this.
With regard to the Villages’ financial position, the Mayor reported that the General Fund stands at $848,000, which is $30,000 below where it was a year ago. The Water Fund stands at $299.00, which is $25,000 above where it was at this time last year.

Deputy Mayor Report:
Deputy Mayor Jim Hays had nothing to report.

Police Report:
Police Chief Ken Sanford reported the following for the month of April:
Criminal Complaints: 2
Arrests: 1
Non-criminal Complaints: 46
Traffic Summonses: 11
Speeding: 5
Fire Alarms: 4 (3 false, one smoke only)
Intrusion Alarms: 7 (all false)
Medical Calls: 5
Assists Given to the Town of Tuxedo Police: 2
Assists Received from the Town of Tuxedo Police: 1

Additionally, 10,634 non-tagged vehicles entered the Village through the Front Gate.

DPW Report:
DPW Superintendent Jeff Voss reported that road sweeping has begun and will continue over the next several weeks. Additionally, Camp Comfort Road will be reground and repaved over the summer. Many of the Village roads will be resurfaced as well, with micro-surfacing to take place on part of West Lake Road, Eagle Mountain Road and Serpentine Road.
The DPW has requested permission to replace a flow meter located at the sewer plant. The proposed new type of meter will isolate the addition of chlorine from other working parts, which will keep those parts from corroding and breaking down over time. It will cost the Village $16,500 but will hopefully save money in the long run as the kind of meter currently in use has been replaced several times due to corrosion and break down. After some brief discussion, the Board voted unanimously in favor of purchasing the new meter.

Water Department:
John Ledwith circulated a Water Department report and reviewed its content with the Board. The amnesty program for delinquent accounts ended in March. To date, $28,000 of the $58,000 billed out has been collected. Unpaid Village accounts, representing roughly $35,000, will be levied to June 1 tax bills if not paid within the next couple of weeks. Delinquent accounts, water leakage and the possibility of illegal taps were then discussed. John Ledwith commented that the only pipe that has not been tested for leakage is the one that runs through/under the Tuxedo Lake and wondered if perhaps a leak in this pipe might account for much of the recorded water loss.

Advisory Committees:
Village Improvement Advisory Committee: On behalf of the V.I.A.C., Trustee Hays reported that the committee has completed a survey of dead trees and have marked those trees that they believe pose an immediate danger threat to the roadway. Additionally, they inspected some private properties with threatening trees and have land-marked several that they feel need to be removed.
The lights at the Front Gate have been replaced with the help of the DPW.
Top Soil has been laid and grass seeded at the Wee Wah Beach Club property.
The Committee is planning to bring in a guardrail expert to consult with the Village DPW, the Infrastructure Advisory Committee and the V.I.A.C. regarding the dilapidated guardrails along Tuxedo Road. The expert is expected to outline the different guardrail options available to the Village and offer advice with regard to stabilization of the roadways’ deteriorating shoulder.
Mayor Stebbins and Trustee Hanson expressed some concern with this plan, commenting that it was their understanding that the B.O.T. would review the situation and give directive to the various committees, not the other way around. Trustee Worthy agreed. Mayor Stebbins inquired as to the experts’ fee. Trustee Hays responded that as far as he was aware there would be no charge, however based on the concerns of his fellow Trustees he would request that the V.IA.C. turn the project over to the BOT.
Finally, the committee is concerned with the ongoing issue of speeding within the Village. Several ideas including speed bumps and signage were discussed. Mayor Stebbins suggested that the Police Department plan to do targeted team radar over the summer months in an effort to control the problem and the Chief responded that this would be done. The idea of electronic speed detectors was discussed, and briefly dismissed due to their excessive cost. Both Chief Sanford and DPW Superintendent Jeff Voss rejected the idea of installing temporary speed bumps, commenting that residents would quickly become frustrated by them and complain. Trustee Worthy detailed an effective method she has seen used in another community involving two sections of free-standing fence, both containing signage and angled inward toward the road, creating a narrow passageway. Trustee Hanson suggested installing a sign near the gate that reads “Speed Checked By Radar” followed by an increase in radar use.

Infrastructure Advisory Committee: On behalf of the I.A.C., Trustee Worthy reported that Village Engineer Rich Messer has recommended removing a pump used to clean screens at the Waste Water Treatment plant and replacing it with a new one that would use effluent to clean the screens instead of clean, treated water. This would save having to treat what is an enormous amount of water a year. This idea was discussed in some detail, but no decision was reached.

Public Comments:
Representing The Tuxedo Park Garden Club, Dena Steele reported that installation of the rain garden, located at the north end of the Village Office Parking lot, is almost complete. She requested permission to install a green and cream-colored sign at the site, which will be placed low to the ground and will outline exactly what a rain garden is, what it does, and the types of plants that have been included. The sign will also offer dedication and acknowledge those individuals who were involved with creating the garden. Trustee Hanson expressed some concern with the idea of including the name of an engineering firm on the sign, commenting that this might set a president for future projects around the Village. After some discussion, it was agreed that the name would be removed and the Board voted unanimously in favor of installing the sign.

With regard to the earlier discussion on speeding in the Village, Rob Zgonena suggested that the police station an unmanned police car in strategic spots, commenting that the site of a police car alone usually causes people to slow down.

New Business:
Consider Request to Increase Boat Length & Increase Dock Size for Tuxedo Lake:
The Board discussed Dana Farringtonís recent request to increase permitted boat length on Tuxedo Lake as well as the possibility of increasing permitted dock size.
Mayor Stebbins commented that in his view, it would be unfair to those residents who have recently purchased used 18ft Duffy boats in order to comply with the law to change the regulation and allow 21ft boats. He further commented that the difference in capacity between the two sizes is very little, 1 person to exact. He is not in favor of the increase.
Trustees Hays and Worthy agreed.
Trustee Hanson commented that fairness to residents who have already purchased boats should not be a factor in the Boards decision to change the law. If aesthetics is the issue at hand, he feels that residents should be encouraged to purchase 21ft Duffy boats rather than the bulkier 20ft pontoon boats. With regard to dock size, Trustee Hanson stated that in many cases the 6 X 10 docks currently allowed are unstable. Trustee Worthy responded that increasing the size of these floating docks would not ensure more stability and that she can see no reason for the increase. Either way, she feels that the Board should not make such a change on “a whim” and that it must be proven that the larger docks would in fact be more stable before a change is made. The Board unanimously agreed with this assessment.

Approve the Tuxedo Joint Volunteer Fire District’s Use of Wee Wah Beach for August 7, with August 8 being the Alternative Rain Date:
The Board voted unanimously in favor of approving the Tuxedo Joint Volunteer Fire District’s use of the Wee Wah Beach for their annual picnic on Saturday August 7, with a rain date of Sunday August 8.

Approve Voter Registration Day:
The Board voted unanimously in favor of approving June 5, 2010 as Voter Registration Day. Registration will take place from 12:00pm – 5:00pm at the Village Office.

Discuss PB and BZA Request for Meeting Continuing Education Requirements:
The Planning Board and the Zoning Board of Appeals have requested permission to fill their continuing education requirements by reading the book ASTHETICS, COMMUNITY, CHARACTER AND THE LAW, as suggested by ZBA Chair Gary Glynn. Historically, these boards have been required to attend courses to fulfill the requirement. Board Attorney Rick Golden advised the Board that the suggested book was written by a reputable source and that it was up to their discretion as to what they feel is appropriate. There was a brief discussion regarding the benefits of attending courses based on the specific subject matters they address. Trustee Worthy commented that in her opinion continuing education should also be a requirement for the Board of Architectural Review. She suggested that on an annual basis the BOT ask each of the Board chairs to determine a list of suggested learning material/potential learning opportunities for their Board members to fulfill their requirements. Mayor Stebbins thought this was a great idea and further commented that these lists should include cost information. Additionally, he commented that Trustee Liaisons should be involved in the process.

Old Business:
Public Hearing on Proposed New Local Law Introductory #2:
The Public Hearing on proposed new Local Law Introductory #2 of 2010 adding a new section (100-24) to the Village Code providing for a restriction on the siting of structures to ensure the hazard classification of Village dams are not increased thereby was opened.
In brief, this law will restrict the construction of all structures (habitable and otherwise) at a certain elevation within the flood plain as it affects the manner in which the dams are classified. Current inundation maps show that there are no houses currently existing in the area in question. One home, located adjacent to the Wee Wah dam, previously existed there but was torn down. Trustee Worthy suggested that moving forward, the Village Engineer be responsible for determining whether or not proposed structures in this area will effect the dam classification and that the item should be added to the Engineerís general checklist for new applications. Mayor Stebbins suggested that the Engineer also be charged with certifying, in writing, that each potential application is in compliance. Trustee Hanson inquired as to whether or not the Engineer had been consulted on this matter. Mayor Stebbins responded that he had not but he is already responsible for the regulatory requirements associated with the other Village dams. It was agreed that the Mayor would discuss the matter with the Engineer. As there were no comments from the Public, the hearing was then closed.

SEQRA Review for Proposed New Local Law Introductory #2:
The Board voted unanimously in favor of assuming Lead Agency and gave the proposed law a Negative Declaration under SEQRA labeling it a Type 1 Action.

Discuss A New Proposed Local Law Regarding Trees:
The Board continued their discussion of a proposed new local law regarding trees. For the purpose of review, Mayor Stebbins commented that two approaches, one simplified and the other more detailed, were being considered. At the Mayor’s request, Trustee Hanson outlined the more simplified, streamlined approach of which he is in favor. As per this approach, residents would be required to notify the Village whenever they plan to cut down a tree, regardless of its size. Limitations would be made on a per acre basis relating to property size for trees of a certain size. Finally, in order to give the law some teeth, very clear penalties would be determined in the form of substantial fines for those residents who do not comply.
This was discussed in great detail. Mayor Stebbins expressed some concern that requiring notification for ALL trees would make residents more likely to ignore the restrictions and break the law. Trustee Hanson responded that fine amounts must be substantial. Possible fine amounts, including sums of up to $3000 were then discussed. The subject of tree topping was addressed and Mayor Stebbins wondered if residents should also be required to notify the Village if they intended to remove limbs from large trees. The idea of restricting the notice requirement to those trees greater than 5 inches in diameter was proposed, discussed and agreed upon. Trustee Hanson inquired of Board attorney Rick Golden whether or not a municipality truly holds the power to prevent a homeowner from cutting down a large tree on their own property. Mr. Golden responded that indeed they do. It was determined that the Board will establish a per acre/per year ratio for the removal of those trees with diameters greater than 5 inches but less than 10 inches. I tree per acre was suggested. The removal of older, large trees with diameters greater than 10 inches was then discussed. It was agreed that the removal of such trees must be subject to Board approval. There was a brief discussion with regard to which Board would handle these approvals. It was agreed that the BAR would be the logical choice. Next, the issue of an appeal process was addressed and it was agreed that the ZBA would handle such appeals. Trustee Hays commented that the removal of larger trees is detrimental to the environment on many levels and if removed, residents should be required to plant new trees to accommodate for the loss. Trustee Worthy agreed with this suggestion.

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Zgonena and Wilson to Run for Village Trustee

On May 11, 2010 Village residents Robert Zgonena and Thomas Wilson officially declared their candidacy for the position of Village Trustee by submitting nominating petitions in the Village Office. Mr. Zgonena represents the Hillside Party and Mr. Wilson the Oak Leaf Party.
The two are running unopposed and expect to fill the seats vacated by Trustees Hays and Worthy come July.

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Agenda for Village Board of Trustees Meeting May 12, 2010

1. Call Meeting to Order
2. Pledge of Allegiance
3. Reports
   • Mayor and Deputy Mayor, Budget Officer
   • Police, DPW and Water Dept.
   • Advisory Committees
4. Building Permits
5. Public Comments
6. New Business
   • Consider Request to Increase Boat Lengths & Increase Dock Size for Tuxedo Lake
   • Approve Request for Installation of a New Flow Meter for the Sewer Plant
   • Special Board Meeting on Wednesday, May 19th, for Presentation by Peter Dolan on Tuxedo’s Health Insurance for Municipal Employees
   • Approve the Tuxedo Joint Volunteer Fire District's Use of Wee Wah Beach for August 7th, August 8th Being the Alternative Rain Date
   • Resolution to Approve Voter Registration Day: June 5, 2010 from 12:00 noon to 5 pm
   • Defer Stripping Roads until the Fall
   • Discuss PB and BZA Request for Meeting Continuing Education Requirements
7. Old Business
   • Public Hearing on a Proposed New Local Law Introductory #2 of 2010 Adding a New Section 100-24 to the Code of the Village of Tuxedo Park Providing for a Restriction on the Siting of Structures to Ensure the Hazard Classification of Village Dams are not Increased Thereby
   • SEQRA Review for Proposed New LLI #2
   • Discuss a New Proposed Local Law Regarding Trees
8. Approve Minutes for February 11th, 16th, and 18th, 2010
9. Adjourn to Attorney-Client Meeting and Executive Session to Discuss Litigation, Building Dept., and Employee Matters
10. Audit of Claims
11. Adjourn

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Village Board of Trustees Meeting April 14, 2010

The Village Board of Trustees met on April 14, 2010 at 7:30pm.  Trustee Worthy was absent.

Mayoral Report:
The Mayor began his remarks with a brief financial update. Currently, the General Fund stands at $1,192,000. This is $88,000 ahead of where the Village stood at this time last year and encompasses roughly 88.7% of the budget. While this figure puts the Village on track to meet and not overextend the budget, Mayor Stebbins cautioned that legal expenses promise to push things over the line. While two years ago there existed a surplus of over $1,000,000, this amount has decreased dramatically and is now under $500,000. This decrease is the result of having drawn from that fund in an effort to avoid raising taxes over the past two years.
Bulk pick up day will take place on Saturday, May 15. Mayor Stebbins reminded residents that lawn waste, such as tree limbs and shrubbery clippings, does not qualify as bulk material. Over the course of the next couple of weeks, Village Engineers Westin and Sampson will be conducting flow testing in the Village sewer system to identify inflow and infiltration (I & I) issues. The testing is scheduled to take place between the hours of 12am ñ 5am using manholes, many of which are located on private property. Residents are advised to please trim back bushes and trees that are hanging into the Village roadways. Additionally, the Mayor requested that people resist the urge to leave their garbage out the night before the pick-up, as this often attracts black bears.
Finally, the Mayor reminded resident dog-owners to please be responsible for their pets and mindful of others who might not enjoy dogs, especially when walking around the Wee Wah.

Deputy Mayor Jim Hays announced that the Sterling Place Development, to be located just north of the Wee Wah with access from on Route 17, is in the final stages of approval with the town Planning Board. Of the 63 proposed homes, 13 lie in the flood plain and will need to be elevated as a result. The Deputy Mayor advised the Board that any plans to have the DPW utilize land in this area should probably be moved on as soon as possible.
On the evening April 21 there will be a Public Hearing in Central Valley regarding Kyras Joel’s request to run a 13 mile waterline for the purpose of tying into the New York City pipeline.  There seem to be very strong feelings about this issue in the surrounding communities, particularly the town of Woodbury.  Residents who are interested in this are encouraged to attend.
With regard to Health Insurance, Deputy Mayor Hays reported having met with Town Supervisor Dolan, who is very excited about the new plan in the Town and feels he may be able to cut the costs in half, effectively reducing the taxpayer burden.  D.M. Hays suggested that Mayor Stebbins and/or Trustee Pompan talk with the Supervisor and explore this further as it could be very useful for the Village as well.
Supervisor Dolan also informed D.M. Hays that the Town has completed payment on the fiscal analysis of Tuxedo Reserve’s amendment to their special permit and the information will be public within a week or two.
Finally, DM Hays announced that after careful deliberation he has decided that he will not run for re-election this coming June. He expressed his gratitude to Mayor Stebbins and the Board as well as DPW Superintendent Jeff Voss and members of the Village Improvement, Infrastructure and Environmental Advisory Committees, commenting that he has thoroughly enjoyed working with them all and would consider running again in a heartbeat if he were 15 years younger.  However, at this stage in his life, he feels there are other things that he needs and wants to focus on.
In response, Mayor Stebbins commented that he was extremely grateful to Jim for all of his hard, thorough work and he hoped that he might consider leaving a “crack in the door of this decision” as he will be greatly missed, not only by the Board but by the entire community.

Police Report:
On behalf of the Village Police Department, Chief Sanford reported the following for the month of March:
Criminal Complaints: 0
Non-Criminal Complaints: 74
Traffic Tickets: 21 (8 of which were speeding)
Property Damage Complaints:1
Medical Calls: 4
Fire Alarms: 3 (2 false and one real…a dumpster fire at The Tuxedo Club)
Intrusion Alarms: 7 (all false)
Assists Given to the Town of Tuxedo Police: 5
Assists Received from the Town of Tuxedo Police: 3

Additionally there was 1 car accident with injury on Tuxedo Road and 9009 non-tagged vehicles entered the Village through the Front Gate.

DPW Report:
DPW Superintendent Jeff Voss announced that hydrant flushing is scheduled to begin on Monday, April 19. Typically, the work begins on Ridge Road and then moves down East Lake Road and around the lake. Residents can call 351-2777 each morning during the flushing to hear a prerecorded announcement letting them know where work will take place that day.

Water Department:
On behalf of the Water Department, John Ledwith presented the Board with an updated quarterly report but cautioned that the water loss analysis figures have been skewed due to 4 major leaks that were detected in the last 3 months. The leaks have all since been repaired.

Advisory Committees:
Village Improvement Advisory Committee: Alan Heywood updated the Board with regard to several key projects that the committee is currently working on, including:

• Street Lights – a review of non-working streetlamps has been completed and submitted to O &R. Some of the repair work has been done and some remains unfinished. Additionally, the committee has observed many empty poles (without lamps) and plans to count and chart these in hopes that the utility company might remove them.
• Trees – The Committee has been asked to look at trees throughout the Village that are in need of serious trimming or other such treatment following the Blizzard this past February. Over the course of the next 2 to 3 weeks they will review the situation and report back to the Village so that those residents who need to take action can be properly notified. Additionally, Mr. Heywood commented that the survey of potentially hazardous dead and dying trees around the Village must progress. Once the issue has been fully assessed, the VIAC recommends that the Village appoint a contractor to remove all the trees and then allocate the pro rata costs to residents. This would be a good way of making sure that the work is actually done and in a somewhat timely fashion.
• Guide Rails – The guide rails along Tuxedo Road are in a serious state of dilapidation. The committee feels that a decision must be made in the near future as to a permanent replacement as the situation is now dire and could well be detracting from property values in the Village. Mr. Heywood inquired of the Board as to whether or not this project was under the jurisdiction of VIAC or IAC.
• The Wee Wah – The committee supports the beach clubs’ $2500 proposal for new playground equipment and requested that the Village DPW assist with the installation. Additionally,the picnic area will be reseeded by the DPW in sections over the course of the next few seasons.
• Other Projects – The committee is looking to make a recommendation to the Board in the near future regarding the possible installation of speed bumps or pavement grooves around the Village as a method to control speeding. Finally, the possibility of purchasing a tar machine for the purpose of filling cracks in the roads jointly with the town was investigated, however the equipment is too costly.

In response, Mayor Stebbins commented that the Guide Rails are clearly an important issue within the community and that it had been discussed at length during the Public Hearing for the budget the week before. As a result of that discussion, more monies have been allocated to the cause. The Board would like to review the report previously completed by the VIAC, particularly all suggested repair options as well as material costs. They requested that a copy of this report be submitted as soon as possible. In the meantime, the Mayor commented that there has been some difficulty in determining which repair option would be the best and most cost effective for the Village, but the Board is hopeful that review of the former study will help. Trustee Hays commented that the VIAC is also looking into bringing a Guide Rail Expert into the Village to asses the problem and make some recommendations.

Building Permits:
After a brief discussion the Board voted unanimously in favor of approving the Village Boat Club’s plan for additional docks.
Mayor Stebbins announced that the Board is in receipt of a letter from Donald Hanson and as Mr. Hanson was present, he asked him to summarize his request. Mr. Hanson responded that he would like to request that his building permit be issued as per last February’s agreement so that he can proceed with and conclude his project. He further requested permission to remove 10 trees from his property, all of which he claims are dead. 4 of these are located along the edge of his property near the intersection of Tower Hill and Old Continental Roads. The other 6 are located in an area where he would like to install a propane tank and they must be removed before he can proceed with this work.
Mayor Stebbins responded that as per the agreement, the issuance of Mr. Hanson’s permit is contingent on the completion of a storm water management plan. Significant progress has taken place to this end within the last month and the plan is 95% completed. The Mayor inquired of Mr. Hanson as to whether or not the system is working as intended. Mr. Hanson responded that he has a fundamental disagreement with the Board as to the necessity of the plan and that following the last significant rainfall there was very little water flowing into the tanks. Mayor Stebbins expressed some concern with this, commenting that the amount of water still flowing into the siltration fences is troubling and that he had hoped that the management system would help to alleviate the run-off issues. He further commented that he hoped Mr. Hanson would give additional thought to his landscaping plan moving forward in order to prevent the problem from getting worse. He then questioned Building Inspector John Ledwith as to whether or not he felt that the permit should be issued at this time and Mr. Ledwith responded that in his view it would be fine to move ahead. Once the permit is issued, Mr. Hanson will have until mid-August to complete his project.
With regard to Mr. Hanson’s request to remove the dead trees, the Mayor commented that code allows for unlimited dead tree removal. Trustee Hays asserted that in his view, Mr. Hanson should be required to submit a replanting plan to the BAR for approval before moving forward.
Mr. Hanson commented that the trees along the roadway were posing a hazard and he felt they should be removed as soon as possible. He further commented that he does not feel that replanting in this area is necessary as the trees are overcrowded there and it would be difficult for new ones to survive.
Trustee Hays countered that the trees had not become a hazard over night and that in his view Mr. Hanson should not be allowed to rush through the process without BAR approval.
Mayor Stebbins suggested that John Ledwith visit the Hanson property and review the situation. If he concurs that the trees are dead, then Mr. Hanson should be allowed to move forward with removing them. At the same time, he requested that Mr. Hanson submit a replanting plan as soon as possible detailing when the new trees will be planting with the understanding that this must be done by the time the project is concluded in August.

Public Comments:
On behalf of the Garden Club, Club President Dena Steele reported that the rain garden is coming along nicely and should be all planted by next week thanks to the help of Jeff Voss and the Village DPW. On April 19 at 9:30am the garden will be officially unveiled. There will be a presentation detailing the many benefits of rain gardens beginning at roughly 9:45. Interested residents are encouraged to attend.

Dana Farington presented the Board with a letter, in which she requested that they consider a slight increase in the size of boats allowed on the Tuxedo Lake. Currently, the maximum size allowed is 20 ft, however, Ms. Farington pointed out that Duffy, a leading manufacturer of boats, no longer makes a 20 ft boat, and this limits options considerably. As it stands, residents can either purchase an 18 ft Duffy, which Ms. Farington commented was a bit too small for her family, a used 20 ft Duffy, which could have a host of mechanical problems, or a pontoon boat. Ms. Farington and her Husband Mr. Goldman would rather have the option of purchasing a new, 21ft Duffy and therefore they are respectfully suggesting that the Board increase the maximum size allowed to 21ft.
Mayor Stebbins responded that any such action would require Modification of the law and that this would be a timely process.

Donald Hanson commented that following the last rain storm, he had observed a manhole, located on Old Continental Road, that appeared to be leaking “raw sewage” which was then running down the hill, through the Stewarts property, into a catch basin and then towards the Tuxedo Lake. He stated that it was his belief that this was a violation of health standards and inquired as to whether or not the Village had undertaken any testing of the water quality in the Tuxedo Lake following the storm.
Mayor Stebbins responded that what Mr. Hanson had observed is considered Inflow and Infiltration issue (I & I) and that, as per his earlier remarks, Village Engineers Westin and Sampson were currently undertaking testing to determine where these issues exist so that they can be corrected. He further commented that the DEC is currently aggressively pursuing communities where these issues exist and that the Village is one of these communities. He asserted that the issue does NOT constitute a violation and that the Department of Health does frequent water quality testing in the Tuxedo Lake.
Mr. Hanson thanked the Mayor for this information, but commented that his question as to whether or not testing had been done following the recent storm had not been answered. He further commented that it was his understanding that this condition existed with other manholes in the Village. He requested that he be allowed to see copies of the most recent Health Department water quality tests.
Trustee Hays inquired of Mr. Hanson which other manholes in the Village were purported to be leaking sewage.
Mr. Hanson responded that he had been told there was one on West Lake Road in the vicinity of Peter Regna’s home.
Trustee Hays commented that all of the manholes in close proximity to the lake had been sealed. He asked Mr. Hanson if he had witnessed the West Lake Road leak himself and how he had determined that it was in fact sewage leaking out.
Mr. Hanson replied that he had not seen the situation on West Lake Road first hand, but had made the determination that raw sewage was leaking on Old Continental Road based on the horrible order.
Trustee Hansen commented fortunately, water running from Old Continental Road does NOT flow into the Tuxedo Lake. He thanked Mr. Hanson for reporting what he had seen and requested that moving forward he continue to report issues such as these as quickly as possible to the Village Police.

Old Business:
Consider Approving Modified Tentative Fiscal 2011 Budgets:
The Board reviewed a revised copy of tentative fiscal 2011 budget. Mayor Stebbins commented that following the previous weeks’ public hearing, work had been done to further reduce in the increase in tax rates and he was happy to report a decrease from 6.6 % (as originally proposed) to 5.9%. This reduction was the result of some changes in revenue, specifically a reduction of $4000 from interest bonds, which will allow for more interest. Also, The Village will increase the cost of non-resident vehicle tags from $10 to $20 and a new fee for boat steam cleaning services will be instituted. There was a brief discussion with regard to increasing the cost of boat permits, however Village Clerk, Debbie Matthews, asserted that this could not take effect this year as boating season has begun and several residents have already purchased their permits.
Mayor Stebbins reported having allocated an additional $100,000 for the Guide Rails on Tuxedo Road brining the total amount budgeted for this project to $150,000. This was done as a direct result of concerns voiced by the public at the hearing the previous week.
Various other changes were also reviewed.
Trustee Hanson commented that on average residents in the Village have seen their incomes decline over the past several years and this makes the increase in taxes a tough to burden to bear. The Village is currently facing a lot of important infrastructure related expenditures as well as a costly legal situation and these things cannot be deferred. Therefore, Trustee Hanson suggested that the Village consider the idea of a year-long wage freeze for the DPW as well as The Village Police Department, commenting that should legal expenses come down, the Village might be able to make it up. He requested initial feedback on this idea from both Chief Sanford and DPW Superintendent Jeff Voss.
Chief Sanford responded that while he understood the reasoning behind the idea, in his view, the Police Union would never accept it because if they agreed to a wage freeze in this community, communities elsewhere would want to do the same thing and this could have a “domino effect” on departments everywhere.
Trustee Pompan commented that this issue had arisen at the Public Hearing and that while it is clear that residents are looking for cuts in this area, it is just not that simple as making such cuts require contract negotiations. While such negotiations can possibly be explored down the line, it is Trustee Pompan’s view that the Village must accept the budget as it is now and move forward with the best intentions for the future.
Trustee Hays wondered what the Village might be able to save by doing away with back-door garbage service.
Mayor Stebbins responded that he could look into this but while it may seem that there are many things such as this that the Village could do away with or do without, such as nighttime police service for example or annual re-striping of the roads that getting rid of these things would detract from quality of life in the Village. In his view, more focus should be placed on ways to increase revenues rather than cutting services.
A lengthy discussion of the Village surplus relative to the projected over-budget amount for 2010 then ensued.

Discuss New Draft of Proposed Tree Law:
Board Attorney Rick Golden presented the Board with draft tree legislation, which was then reviewed and discussed at length. The purpose of the proposed legislation is to balance the rights of property owners to enjoy “the fruits” of their property vs. the wellbeing of the community in terms of issues like storm water run-off and aesthetics.
The law will apply to those properties located outside of the Ridgeline and Precipice regions as these areas have their own set of standards for tree removal. It will not effect applications currently before the Village Planning Board or the Board of Architectural Review. As proposed, the legislation allows residents to remove 4 live trees with a diameter of 5 inches or more for every 4 acres per year without obtaining a permit, however the Building Inspector must be notified. (Therefore, if a resident has 8 acres, they can remove 8 trees.) Removal of 5 or more live trees with a diameter of 5 inches or greater will require a permit from the Building Inspector. A provision for the unlimited removal of dead, dying and diseased trees will exist however the Building Inspector retains the right to decided whether or not the removal of these trees would have a detrimental effect and he may bring in an arborist if need be.
Tree removal associated with applications before the Planning Board there will be a per tree fee and replanting will be required as a part of proposed landscaping plans. The idea of having these applicants put money in escrow to ensure that trees are replanted was discussed.
Trustee Pompan inquired about lots that are less than 4 acres in size and particularly whether or not those property owners would be allowed to remove trees and how they would determine how many could be removed. Mr. Golden responded that that the 4-acre lot size had been built into the legislation as a result of the Villages’ 4-acre zoning law, however a provision allowing 1 tree per-acre for those lots smaller than 4-acres could easily be built in. The Board agreed that this was a good idea.
Trustee Hays commented that restricting the legislation to those trees 5inches or greater seemed a bit arbitrary and suggested that there be additional restrictions for large trees that are 12 inches in diameter or greater, commenting that some of these trees can take hundreds of years to grow and should not be taken down without consideration.
Mayor Stebbins commented that in his view not all trees are created equal (some are evasive etc etc) and that there needs to be a caveat built in that allows for throw-back to somebody’s objective judgment.
Mr. Golden responded that as proposed The Building Inspector will provide the objective judgment, reiterating that anyone wishing to remove trees, be it the 1 per acre allowed without a permit or not, must first have the B.I. inspect.
Trustee Pompan suggested that guidelines must be established and criteria developed.
Trustee Hays agreed and commented that replacement of trees is key.
Potential methods for dealing with violations were then discussed. It was agreed that any violation should carry with it mandatory replanting of trees as well as a serious fine.
Trustee Hanson suggested that the greater the fine the less likely violations. The amount of $1000 per tree was discussed.
It was agreed that Mr. Golden would create a new draft of the legislation based on this discussion to be reviewed by the Board in May.

New Business:
Consider Draft of New Local Law Regarding Dam Safety and Siting Approvals:
A draft of a New Local Law regarding dam safety and siting approvals was reviewed and discussed.  This legislation is DEC mandated and will affect those properties located down stream from the Tuxedo Lake Dam.  As it stands, the legislation will only apply to one vacant lot, located adjacent to the Wee Wah Dam, where a home was recently demolished and the property owner has approved plans for rebuilding.
After a great deal of discussion, it was agreed that Mr. Golden will put together a final draft of the legislation for review with the hopes of scheduling a public hearing in the month of May.

Discuss the Potential for Insurance Cost Savings: – Tabled

Approve Tuxedo Park School’s Request the Tuxedo Lake: As part of their Earth Day celebration, the Tuxedo Park School has requested permission to release 150-200 small trout into the Tuxedo Lake. Trustee Hays commented that while he understands why they want to do this, he feels that it is a poor environmental choice and that it gives children the wrong impression as a lake is a complicated ecosystem that could be adversely affected by the addition of these fish. The Board voted in favor of allowing the school to proceed, with Trustee Hays abstaining.

Approve Tuxedo Club’s Request for Fireworks on July 4: The Board voted unanimously in favor of allowing the Tuxedo Club to launch a fireworks display on Saturday July 3 at 9:30pm with a rain date of Monday July 5.

Approve Wee Wah Beach Club’s Request for Purchase of Equipment: The Board voted unanimously in favor of approving the Beach Club’s request to purchase and install three new pieces of playground equipment. It was agreed, however, that the DPW would not assist in the installation free of charge.

Village Elections: A resolution to hold Village elections on Tuesday, June 15 2010 from 12pm to 9pm was unanimously adopted. Additionally, 3 election inspectors will be hired at a rate of $14.50 per hour.

Discuss Compensation for Damage to Village Property – Tabled.

Agenda for Village Board of Trustees Meeting April 14, 2010

1. Call Meeting to Order
2. Pledge of Allegiance
3. Reports
   • Mayor and Deputy Mayor, Budget Officer
   • Police, DPW and Water Dept.
   • Advisory Committees
4. Building Permits
5. Public Comments
6. Old Business
   • Consider Approving Modified Tentative Fiscal 2011 Budgets
   • Discuss New Draft of Proposed Tree Law
7. New Business
   • Consider Draft of New Local Law Regarding Dam Safety and Siting Approvals
   • Discuss the Potential for Insurance Cost Savings
   • Discuss a Transaction Charge to Sellers of Real Estate
   • Request by Tuxedo Club for Fireworks on July 4th
   • Resolution to Hold Village Elections on June 15, 2010 from 12 Noon to 9 pm in Village Hall
   • Resolution to Appoint Election Inspectors
   • Discuss Compensation for Damage to Village Property
8. Approve Minutes for December 2009 and January 2010 Board of Trustees Meetings
9. Adjourn to Attorney-Client Meeting and Executive Session to Discuss Building Dept., Employee Matters, and Water Bills
10. Audit of Claims
11. Adjourn

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Village holds Public Hearing on The Operating and Capital Budgets For 2011, April 7, 2010

The Village Board of Trustees met on Wednesday April 7 2010 at 7:30pm for the purpose of conducting a public hearing on the Operating and Capital Budgets for Fiscal year 2011.
Trustee Hanson was absent.

Public Hearing on the Operating and Capital Budgets for fiscal year 2011:
Mayor Stebbins opened the hearing by turning the floor over to Chief Budget Officer Pompan, who expressed his appreciation to the group in attendance commenting that in his view this hearing represented the most important of all the budget meetings for the Village because it held many implications for both the Board and residents alike.
He then lead the public through a brief over-view of how the preliminary budget had been developed, focusing mainly on the timeline followed by the various departments and committees for submitting their budgets and the methods by which they had been consolidated. Next, he presented and reviewed in detail a report entitled Background Information, which provided summary information on budget composition and real property taxes in addition to outlining significant changes in budget items for the General Fund and the Water Fund.
As presented, the preliminary budget calls for an overall 6.6% increase in taxes for property owners. This increase is due to rising costs facing the Village in several key areas including:

· Major Infrastructure Projects that will now be moving into the construction phase
Work is slated to begin on both the chlorine and sewer buildings as well as the Tuxedo Lake Dam.

· Litigation
The Village has been forced to hire special council to defend itself in the lawsuit filed by resident Donald Hanson.

· Union Contract dictated increases
Various Increases exist as part of the previously negotiated Police Union Contract, including a major increase in retirement, which has been dictated by the State of New York.

· Rising Health Insurance Costs
The Village received a letter from the State of New York outlining a 13.4% an anticipated increase in premium rates. As a result, the Board has been exploring the option of independent carriers, but at this time, the future is uncertain.

The public was then invited to comment on the Operating budget as proposed.

Peter Regna thanked CBO Pompan for all of his hard work. Noting the rise in property taxes, he inquired as to whether or not there would be an increase in water rates.
CBO Pompan responded that there would be no increase at this time.
Mr. Regna then inquired as to the number to specific number of residents who had grieved their property tax assessment and was informed that just under 30 residents (which is equal to roughly 10%) had grieved.
Robert McQuilken inquired as to the current state of the Hanson lawsuit and requested a brief timeline. He further inquired as to what residents should expect from the suit moving forward, noting that the amount of funding that has been allocated for legal expenses suggests that the Board is anticipating a costly outcome.
Mayor Stebbins responded that in December of 2008, Donald Hanson had filed a broad suit against not only the Village but the Mayor and each of the Trustees individually as well as Building inspector John Ledwith. While the complaint seemed “a tad fuzzy” at the time, the Mayor commented that it was his perception that the motivation behind it was Mr. Hanson’s concern regarding whether or not he would receive an extension on his building permit. (Mr. Hanson’s home on Tower Hill road has been under heavy construction for 6 years) In January of 2009, the Board established a list of conditions directly related to issues with construction related activity on the property, which if satisfied, would allow Mr. Hanson to receive a 6 month extension as requested. Mr. Hanson eventually met these conditions and in late August of 2009, an extension was issued. During the period of time Mr. Hanson took to meet the conditions, the lawsuit had been stayed and it appeared as though both sides were working together to resolve their differences. However, once the conditions were met and the permit issued, the old suit was withdrawn and a new suit was filed. This suit is much narrower in focus and addresses only constitutional issues as they pertain to the legality of the Village Gates. That Mayor and Trustees are bewildered and unclear as to the motivation behind the second suit. However, based on the nature of the complaint as it pertains to constitutional issues, it became necessary for the Village to retain special council to aid in its defense. In November of 2009 the suit was reviewed by a judge who then asked for greater clarity as to the nature of the complaint. In January of 2010 a third complaint was issued. In February, the Village filed a motion to dismiss to which the plaintiffs (there are 4 in total of which Mr. Hanson is the only Village resident) filed a response later that month. In March, the Village filed a response to that response and is currently waiting for the judge to decide whether or not there will be an oral hearing on the motion to dismiss.
Trustee Pompan pointed out that, while expensive, the special council had already been of great assistance to the Village. The plaintiffs originally requested a full inquiry process complete with depositions, which would have been both intrusive and costly for the Village. However the special council managed to squash this and instead filed the motion to dismiss. As he sees it, there are three possible outcomes at this point:

1. The Village wins the suit, the Plaintiffs then appeal and things progress from there.
2. The Village loses the suit, with which comes the possibility of a trial.
3. A Summary Judgment Hearing takes place, which can be appealed and eventually lead to the Supreme Court.

Whatever the outcome, Trustee Pompan commented that it is very difficult to put an exact timeline on things. Unfortunately it appears as though this case could drag on for years.
Mr. McQuilken then inquired as to the specific nature of the Constitutional issue at hand. The Mayor responded that the issue pertains directly to how an incorporated Village can have roads that are effectively made private by the existence of the gates. The Plaintiffs is asserting that their rights are being violated when they are denied open access to the Village.
Mr. McQuilken asked Mayor Stebbins if the Village accepts any State or Federal aid for the purpose of maintaining Village roads and was informed that it does not.

Chris Sonne commented that in reviewing the budget he can clearly see that expenditures have been scaled back, however in his view not enough has been done. He suggested that the Village must make a greater effort to cooperate with the Town and share resources, specifically Police and DPW. While it is clear that efforts have been made to cut costs, he commented that perhaps some of the Police Union increases could have been avoided. He cautioned that the Village must be very careful and begin looking out now as to how to prepare for next year’s budget.

Sally Sonne commented that while there were not many residents present at the hearing, she strongly believed that she represented many others aside from herself in stating that a 6.6% increase in taxes in unacceptable. While it is clear to her that effort was put into reducing costs, in her view, the 3.3% increase in the Police Union Contract is too high and she suggested that perhaps it was time to renegotiate. She then commented that she realized that renegotiation at this point might not be possible, however she felt that due to the current economic climate, many residents have suffered income decreases and are resentful of having to pay higher taxes. While the budget cuts as proposed are certainly within the parameters, she feels that more substantial changes, such as increased cooperation with the town Police and DPW, must be made in order to reduce costs.

Phil Tavani commented that it seems as though the public servants are getting paid more while the residents are receiving less.

Trustee Hays commented that negotiating with the Police Union is extremely difficult and that renegotiating the contract would prove to be a Herculean task.
Chris Sonne responded that perhaps the Village should consider not replacing the 2 full time officers that have recently left the force.
Mayor Stebbins stated that the issue with cooperating with the Town and not replacing the officers lies in the decline in quality of service that would surely follow, which in his view would be unacceptable. He pointed out that while the contract does dictate an increase in wages, moving forward new hires will be responsible for paying 75% of their insurance premiums.

As there were no further comments on the Tentative Operating Budget, C.B.O. Pompan lead the Public through the Proposed Capital Expenditure Budget, which clearly outlines how the Village has prioritized major infrastructure projects and their financing for the coming year. The Village is currently exploring two different financing options:

1. New York State
2. The Public Debt Market

Financial advisors are suggesting that there may well be a push between the two. Clearly, the Village is looking to take the lowest interest rate,

Chris Sonne expressed some confusion regarding the financing of a new DPW truck. He was informed that the truck will be paid for out of the operating budget, however since the truck should last the Village many years it is really more of a capital expense and so the Village will reimburse itself from the Capital budget.

Peter Humphry requested a clear break down of the $471,000 that has been budgeted for the Tuxedo Lake Dam project.
Mayor Stebbins responded that this is the anticipated cost of relocating the waterline that currently runs through the dam to West Lake Road. The Tuxedo Club will bear the burden of the additional costs.

Peter Regna inquired about the deteriorating guide rails along Tuxedo Road, commenting that the situation has been getting progressively worse over the past 10 years and has finally reached a state of atrocity. He expressed concern over their crumbling appearance, commenting that they are among the first things visitors see when entering the Village and in their current form they cast a bad light on the community. He stated that he was well aware of the Village’s current financial constraints, however he wondered if they might consider shifting the reparation of the guide rails to the front burner as the situation is only going to get worse. If reprioritizing this project is not currently a possibility for the Village, he questioned whether or not there would be Board opposition to residents raising money amongst them selves for this purpose.
The Mayor responded that the Board and the VIAC have been evaluating this situation for years and while the Village would not be opposed to accepting donations for the project, there does not seem to be a consistent view on how the issue should be addressed.
Various ideas as discussed in previous meetings were then briefly detailed.
Trusty Worthy suggested that once funds have been effectively raised, reaching a decision as to which method of reparation should be used would not be overly difficult.
The idea of temporarily removing the rails altogether and replacing them with giant boulders (as is already the practice in several patchy areas along Tuxedo Road) was analyzed and discussed at length.
Trustee Pompan pointed out that the use of boulders as a safety barrier may be ineffective as the hillside along the Race Track is eroding. Trustee Hays concurred, commenting that rails have a much better chance of preventing a car from going over the embankment.
The Mayor pointed out that the Village cannot afford to install something aesthetically beautiful at this time. He suggested that the Village could either remove both the rails and replace entirely with boulders or use boulders to provide a safety barrier in particularly risky spots. He then polled the audience as to which solution they preferred. The majority of those present were in favor of temporarily removing the rails altogether and replacing them with boulders.
Trustee Worthy commented that the Village has a history of deferring infrastructure projects like this and expressed her concern that the interim use of boulders would become the permanent solution to the problem. She implored the Board not to move forward with a “quick fix” but rather to get an overall sense of the issue and what it will cost to alleviate it so they can move forward properly.
The issue of safety vs. aesthetics was also discussed and it was agreed that safety should be the first priority in addressing this issue.
Phil Tavani inquired as to whether or not the Board has done any research on this issue to date and expressed an interest in reviewing the different alternatives that have been explored.
He was informed that research has been done and that the reports would be made available in the Village Office for review.

George Williams commented that “money is Cheap these days” and suggested that the Village should borrow more money now and get as much done as possible. While he recognizes that this may hurt residents in the short term in the form of tax increases, Mr. Williams started it will surely hurt more down the road when interest rates rise. He urged the Board to reconsider and borrow more money now.
Mayor Stebbins replied that the amount of the money being borrowed now effectively off-sets the interest rates and that because the Village is undertaking several substantial commitments, in his view, this is not the time to lock into more.

Chauncue Rodzianko asked the Board members ehrn reviewing the budget as proposed to decide which item they would cut if they were forced to choose one, suggesting that either health benefits for Trustees or employee raises could possibly be removed.
She was informed that health benefits for Trustees were eliminated months ago.
Mayor Stebbins stated that in order to make any serious headway in reducing the budget any further, the Board would have to seriously alter the way in which the Village is currently run. To that end, the only suggestion that has been proposed is the combining of services with the town.
Trustee Pompan commented that while the idea of shared services looks great on paper, there would surely be a decline in the level of services which residents who are accustomed to living here might not want to accept.
The Mayor agreed commenting that as the department is currently structured, full time officers are only on duty Monday thru Friday and that weekends are covered entirely by part-timers. In his view, this could be a major issue if there were to be an emergency situation, such as the recent snow storm, on the weekend and therefore the Village must pursue full time coverage 7 days a week. He further commented that for these reasons and others, the Village is planning to hire more full time officers in the future and that the raises will not take effect until they have been hired.

As there were no more comments from the Public, the hearing was then closed.

Discussion od Saturday Storm Cleanup and Suspension of Noise Law:
Mayor Stebbins reported that there had been a great deal of complaining with regard to noise the previous Saturday (Easter Weekend). He wondered if landscapers might be taking advantage of the temporary suspension of the Noise Law (which was put in place in February to allow for cleanup following the snow storm) to begin spring clean-up. After a somewhat brief discussion, the Board decided to rescind the suspension as it seems to have been abused. They also agreed that the VIAC should review the situation and the Village would send letters to those few residents who still have not completed clean up of potentially dangerous limbs within 50 feet of the road on their property.

Sign Postings at Entrances:
The Board discussed the idea of whether or not sign postings at Village entrances should be used primarily for Village related announcements. It was unanimously agreed that they should and that advertising for community events should be done elsewhere.

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Village to Hold Public Hearing on Operating and Capital Budgets for 2011 April 7, 2010

1. Call Meeting to Order
2. Pledge of Allegiance
3. Public Hearing on the Operating and Capital Budgets for fiscal year 2011
4. Discussion of saturday Storm Cleanup and Suspension of Noise Law
5. Sign Postings at Entrances
6. Adjourn to Attorney-Client Meeting and Executive ession to Discuss Litigation, Building Dept. and Employee Matters
7. Adjourn

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Village Board of Trustees March 10, 2010

The Village Board of Trustees met on March 10, 2010 at 7:30pm. Trustee Hanson was absent.

Mayoral Report:
Mayor Stebbins began his Mayoral report by reading aloud his recent Snow Storm Statement, which was posted to the Village website on March 8. In the statement, the Mayor offers much gratitude and appreciation to all Village Departments (namely the Village Police and DPW) for their unwavering, hard work during the storm.
Year to date, the Village has spent 80.8% of the full year’s budget. 77.5% of the fiscal year has passed. This means that currently, the Village is running ahead of budget by 3.3%, which is consistent with the estimated $300,000 deficit the Village expects to face this year. The majority of this deficit is due directly to the current lawsuit, which challenges the legality of the Village Gates. The Mayor commented that this money could have been put to much better use and that it is highly unfortunate that Village residents should have to bear the economic burden of paying for such unnecessary litigation.
In the aftermath of the recent snowstorm, some residents who were out for a stroll encountered a deer, which had been electrocuted by live downed power lines. The Mayor cautioned residents to be extremely careful and exercise caution when “out and about” within the Village as there is still a great deal of clean-up to be done. The clean up will be ongoing with tree removal at the top of the priority list. Residents are advised not to block Village Roads when removing trees from their property. Additionally, the Mayor has asked the Village Committees to refrain from burdening the DPW with any additional projects, falling outside of their regular course of duty until further notice, All DPW project requests are to be presented to the Board for approval until further notice. Residents are asked to follow this procedure as well.
The 2010 Census will be taking place in the Village on April 1. The Mayor encouraged all residents to participate. He commented that nearly 200,000 people were not tallied in the last census, which is extremely detrimental as this has a direct effect on taxes as well as eligibility for State aid. More information can be obtained at:
www.census.2010.ny.gov.

Deputy Mayor Report:
Deputy Mayor Jim Hays echoed the Mayors sentiments regarding Police and DPW performance during recent storm, stating that in his view they “could not have done any more than they did.” Specifically, he commended the DPW for all their time and hard work in keeping the Village roads open, noting that they began work on Thursday afternoon and did not stop until Monday morning. He also recognized Denise (Gate Guard), noting that the phones at the Police station were literally ringing off the hook for days straight. He then suggested that the Village seriously consider temporarily lifting the current ban on weekend in order to allow residents the ability to remove downed trees from their properties. This was briefly discussed and it was determined that according to the law, the restrictions can be lifted in a state of emergency such as this. The Board voted unanimously in favor of lifting the ban until further notice. Chief Code Enforcement Officer John Ledwith asked for clarification as to whether or not commercial contractors would be allowed in on weekends to remove trees and was informed that this would be allowed.
On a different note, Deputy Mayor Hays recommended that Village notify all local landscapers as soon as possible with regard to the newly enacted ban on phosphates as many of them may preorder these supplies.

Police Report:
Chief Sanford reported for the month of February:
Criminal Complaints: 3
Non-criminal Complaints/Property Damage: 82
Total Summonses Issued: 17 (6 of these for speeding)
Car Accidents: 5
Fire Alarms: 9 (all false)
Intrusion Alarms: 10 (all false)
Medical Calls: 2
Assists Given to Town of Tuxedo Police: 1
Assists Received From Town of Tuxedo Police: 1
Additionally 6,153 non-tagged vehicles entered the Village through the Front Gate.

The Chief went on to express his gratitude to Deputy Mayor Jim Hays (who was in charge of the Village during the storm as Mayor Stebbins was out of town) as well as to the Village DPW. He commented that the Deputy Mayor had gone out of his way to make sure that everything was properly taken care of. DPW Superintendent Jeff Voss echoed these sentiments. He further commented that Village residents should be assured that the Police Department is there to help in cases of emergency and that their needs will be taken care of. During the storm the department made sure to touch base with many of the elderly residents in an effort to make sure that they were alright, which in several cases involved visits to the individual homes. An area of the Police building was set aside, with cots available, for those who required a warm refuge with electricity however, nobody made use of this space.

DPW Report:
On behalf of the DPW, Superintendent Jeff Voss also centered his remarks around the recent storm, commenting that the department had done as much as they could for as long as they could to keep things running as smoothly as possible. Like Chief Sanford, he assured residents that they would be taken care of in emergency situations such as these.
He further commented that the department had been grateful to receive the refurbished dump truck (the truck required a new frame as discussed in previous meetings) one day before the storm commenced. The cost of refurbishing ran a bit higher than anticipated (the estimated cost was $12,000 and the actual cost was $12,500) however it is in fine shape and was very helpful during the storm.
Trustee Worthy inquired as to whether or not there was anything that residents can or should be doing to assist the DPW, specifically in terms of directing water as the snow has begun melting very quickly and a great deal of rain is expected in the near future.
Superintendent Voss responded that whatever residents can do to help would be greatly appreciated, especially clearing out any storm drains that might be located on private properties.

Water Department:
On behalf of the Water Department, John Ledwith reported that while many customers have begun paying off their delinquent accounts, there remain a few who have neither made payment of any kind nor responded to the amnesty options offered to them by the department. As a result, staggered shut-offs have begun with the hope that those residents affected will not only settle their accounts, but spread the word to others that the department “means business”.

Advisory Committees:
Village Improvement Advisory Committee-: On behalf of the V.I.A.C. Michele Lindsay and Alan Heywood presented the Board with a committee report, which clearly detailed recently completed and ongoing projects that the committee has undertaken. Projects discussed included street lights, guiderails on Tuxedo Road, glass replacement for two lights on the Main Gates, Capital Improvements at the Wee Wah Beach Club and tree removal on both Village and private property. A great deal of attention was given to the issue of tree removal. Trustee Pompan commented that the Village must establish a policy as soon as possible as there are many areas within the Village where there are “disasters waiting to happen” with dead trees and precarious limbs poised above roadways. Additionally, he suggested that the Village develop a no-nonsense policy in terms of bringing Orange and Rockland in for clean up and repair. Finally, he suggested that a plan to get residents and property owners moving on clean up should also be established. Tony Mason expressed his concern with the volume of both dead and fallen trees in the Village. He inquired as to why Tuxedo Park seems to be at the bottom of Orange and Rockland’s priority list, recounting a phone conversation he had with an O&R rep during the storm, in which he was told that the Village was “way down on the list” in terms of restoration of power. Mayor Stebbins responded that in cases of widespread emergency, such as the recent storm, O&R must respond to larger communities first and the reason that the Village is towards the bottom of their list is because it is a small community. He commended Mr. Mason for having called the utility company directly rather than the Police Gate, commenting that the more calls they receive from residents the better as it draws attention to the situation. Michele Lindsay stressed the importance of bringing Perfect Cut into the Village for the purpose of dangerous removing limbs from two trees in particular along Tuxedo Road. With regard to residents and property owners it was agreed that the Village should develop a letter to be sent to those residents and property owners who fail to remove fallen trees within a reasonable period of time. The VIAC will assist the Board by taking digital pictures to accompany these letters.

Public Comments:
During the Public Comment period, Dena Steele reminded the Board that bear season is vast approaching and that residents should be encouraged to bring in birdfeeders by April 1. Additionally she suggested that the Board remind residents of the bear proof dumpster located in the parking lot of the Village Office, which serves a safe dumping spot for those who are not in residence on garbage day.
Alan Heywood reiterated his concern with regard to the necessary removal of dead trees as well as the illicit dumping of large limbs and cut-up trees in various spots throughout the Village. Trustee Pompan suggested that the Village send a letter to all residents as soon as possible detailing what is and what is not acceptable in this regard.
Mr. Mason commented that the issue of trees and specifically dead tree removal is a longstanding one for the Village and that in his view the Board has been taking 1 step forward followed by 2 steps backwards in their efforts to contain it. He suggested that they consider either creating a special fund to deal with the issue or raising taxes to cover the associated costs. Mayor Stebbins responded that there are many longstanding infrastructure related issues currently facing the Village and that projects must be prioritized. Mr. Mason stated that while he commiserates with the overall infrastructure situation, he still feels strongly that the Board must do something more, such as hiring a private firm to make a serious proposal for dead tree removal throughout the Village. He cautioned that turning a blind eye to the situation would be a serious mistake. Mayor Stebbins assured Mr. Mason that the Board was not turning a blind eye, reminding him of the decisions they had made a few minutes earlier, regarding enforcement of cleanup measures.

Old Business:
Approval of Rain Garden Proposal – On behalf of the Garden Club, President Dena Steele presented the Board with plans for a new rain garden to be located at the north end of the Village Office parking lot. Suggested plants for the garden were also presented. The basic concept behind a rain garden was outlined and discussed. It was agreed that the Village DPW would help to dig the necessary trench and the Garden Club would pay for all other associated materials.
The Board voted unanimously in favor of approving the project.

New Business:
Westin and Sampson Project Report – On behalf of Westin and Sampson, Village Engineer Rich Messer lead the Board through a detailed project report. Projects discussed included repairs at the chlorine building, the West Lake Road waterline relocation, the Gruderich wall, repairs at the sewer plant, repairs to the Warwick Brick bridge (located at the North end of the Wee Wah) and relocation of a waterline in the East Village. The Board voted unanimously in favor of having a proposal for repairs to the DPW building drawn up at a cost of $5,000. Additionally, the idea of having Westin and Sampson put together a proposal for sewer system repairs based upon the DEC requirements was discussed. Following a detailed discussion of what this proposal would entail, the Board voted unanimously in favor of moving forward at a cost of $38,900. Additionally, the Board discussed recent repairs made to a waterline located on the Duck Cedar Plaza property and the process of insuring payment for these repairs. Finally, the issue of educating the community with regard to a new DEC regulation requiring residents to install back-flow prevention on all mein connections was discussed. It was determined that the Board would have to come up with a plan for structurally enforcing this requirement. Westin and Sampson will draft initial legislation and forward to Village Attorney Rick Golden for his input.

Discuss Recent Snow Storm Issues – Once again, the Board discussed the recent snowstorm. Mayor Stebbins inquired of Chief Sanford as to how the overall police management system held up under the stress of emergency and what if any improvements are necessary moving forward. Chief Sanford responded that he felt things had worked very well. The Mayor then inquired as to whether or not traffic Guards had been overwhelmed by the large volume of incoming calls from residents. In response, Chief Sanford commented that while the Guards had done quite well, residents should be encouraged to call Orange and Rockland directly for Information regarding power outages. The Mayor wondered whether it might not be useful for the Village to create a call station for emergencies, which would feature a frequently updated pre-recorded outgoing message updating residents on the current O & R situation among other things. Trustees Hays and Pompan commented that it was their opinion that most residents would rather hear a live voice on the other end of the line than a prerecorded message. The Mayor then inquired about O & R’s general response time and was informed that it took them roughly 24 hours to get to the Village. Chief Sanford commented that in his view this response time was quite good, considering that a large portion of Orange County was without power.
The Mayor requested that each of the department heads write a report detailing what worked and what didn’t for the purpose of creating an emergency response sheet.

Requested Change in Recycling: Glass, Metal, Plastic one week; paper the following week – Sterling Carting has suggested that the Village alternate weeks with recycling, with glass metal and plastic to be picked up one week and paper and cardboard the following week. This system would be much more convenient for the garbage company as they would be able to use a larger truck for pick-up and therefore get the job done quicker. Trustee Worthy inquired as to what the advantage would be for residents. She commented that while the proposed system would certainly be more convenient for Sterling Carting, in her view it would be an inconvenience to residents who would be charged with having to remember which week to put out what, not to mention storage of recyclables for two weeks at a time. Village Clerk Debbie Matthews stated that if the Village chooses to accept this new pick-up schedule, residents would no longer be required to bundle paper and cardboard. Meg Vaught reiterated Trustee Worthy’s concerns with regard to storage issues, commenting that the Village would have to pursue larger bins for storing bottles and cans and that for many, storing these bins indoors for two weeks once they have been filled to capacity might be difficult for some. Trustee Hays suggested that the Village wait until November when the Sterling Carting contract is being renegotiated to make a decision on this matter. The Board agreed with this suggestion.

Consider New Plan For Village Health Insurance – Trusteee Pompan updated the Board with regard to the search for a new Village health insurance carrier. Health Insurance continues to be one of the largest expenditures for the Village. Therefore, they are currently looking for ways to ensure similar coverage at a lower cost. They are in receipt of one proposal from Emblem Health, which needs to be reviewed in detail. Additionally, the Mayor is exploring several options. The hope is to collect and compare plans in an effort to obtain as much information as possible so that estimated costs can be worked into the budget. Trustee Hays reported that the Town of Tuxedo is currently in the process of switching carriers as well. He commented that although the Village had worked with some of the same people, the estimated savings were not as high as those in the Town. He informed the Mayor and trustees that the Town Board will hold a special meeting on Monday, March 15 for the purpose of educating Town employees on the proposed changes in health care coverage. This will be followed by a question and answer session for those employees. He encouraged Mayor Stebbins and Trustee Pompan to attend.

Training Requirement for Planning Board and Board of Zoning Appeals – The Board is in receipt of a request from the Planning Board and the Board of Zoning Appeals for a reduction in the amount of required training hours per year from 4 to 2. Because there has not been a high level of turn-over on either of these Boards, the Chairman’s feel that some of the training is unnecessary. Both Boards have attorney’s present at all meetings to help them identify issues when necessary.
Mayor Stebbins expressed his sympathy for the request and suggested that cutting the number of hours could save money for the Village. However, he commented that the Board should retain the right to reinstitute the full amount of training if they feel it is necessary.
Village attorney Rick Golden commented that in his view the reduction in required hours from 4 to 2 will not make that much difference, however the Board should remember that there are certain courses that might be more valuable than others and that attending those valuable courses could be very helpful.
Trustee Worthy suggested that the Board analyze the rate of turn over on these boards to determine maturity and then identify certain subject matters to be addressed. She further suggested that the curriculum be designed so that over the course of a five-year period one board member would attend the full range of courses.
Trustee Pompan agreed that a curriculum should be established. He further commented that the determining factor in this should not be the cost savings to the Village and suggested that the quality of review might be diminished at a lower cost. He recommended that the Board deny the request and stated that in his view if a resident chooses to serve on one of the Boards it is both their responsibility and their obligation to fully understand what they are doing.
Trustee Hays reported that he had attended several such courses while was serving on the Town Planning Board and found them to be very helpful.
Mayor Stebbins pointed out that currently, many of the members serving on these boards have a high level of experience because they have been serving for years and are skilled. He reiterated his inclination to accept the request.
Trustee Worthy objected to the idea of pointing out individual circumstances as a reason for reducing the amount of training, commenting that these circumstances will change in the future. She implored the Board not to structure the requirement around specific individuals. Rather she suggested they adopt a policy whereby those members who have served for more than 3 years may reduce the amount of training hours from 4 to 2. She further commented that the Board of Architectural Review should have similar training requirements.
Rick Golden pointed out that State Law requires the Planning Board and the BZA to complete training, however since the Board of Architectural Review is not officially recognized at the state level they are not required to train by law.
The process of enacting a local law to require such training was briefly outlined and discussed.
The Board voted unanimously in favor of adopting a policy that would require members serving on the three Village boards to attend 4 hours of training a year until such time when they have served more than 3 years, at which point they may reduce that number to 2.

Reprinting of Village Code Book – The Board voted unanimously in favor of having new, updated versions of the Village Code printed at a cost of $5,415.

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Agenda for Village Board of Trustees Meeting March 10, 2010

1. Call Meeting to Order
2. Pledge of Allegiance
3. Reports
   • Mayor and Deputy Mayor and Budget Officer
   • Police, DPW and Water Dept.
   • Advisory Committees
4. Building Permits
5. Public Comments
6. New Busines
   • W&S Project Report
   • Consider New Plan for Village Health Insurance
   • Discuss Recent Snow Storm Issues
7. Old Business
   • Reopen Public Grievance Meeting and Conclude all Open Items
8. Approve Minutes of Board of Trustees Meetings
9. Adjourn to Attorney-Client Meeting and Executive Session to Discuss Litigation, Building Dept., Employee Matters, and Water Bills
10. Audit of Claims
11. Adjourn

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Village Board of Trustees Meeting February 18, 2010

The Village Board of Trustees met on Thursday, February 18, 2010 at 7:30 pm.
Trustees Chris Hanson and Charlotte Worthy were absent.

Budget Workshop:
The Board conducted a basic review of departmental budgets as follows:

DPW - Trustee Hays reviewed prominent changes from last year’s budget with the Board, commenting that Superintendent Voss has mad a solid effort to reduce expenditures. Overall, the budget is up a small percentage, which primarily due to the purchase of a new dump truck. Repair options for the roof at the DPW plant and the subsequent costs related to those repairs were discussed. Additionally, the DWP shed must be repainted. As per the lowest bid, $13,500 has been budgeted for this project.
The Board then discussed various repairs and improvements that need to be made on Village properties including a minor leak in the roof at the water plant, a heater replacement in the Gate-Guard Booth, and minor repairs to and around Village owned apartments at the Water Plant and the South Gate.
There was a discussion regarding repair and maintenance to the guardrails along Tuxedo Road. The Mayor suggested that replacing the rails would be too expensive for the Village at the moment but perhaps fixing or replacing “the ugly stuff” would be a good idea. Trustee Pompan suggested that installing wood rails, similar to those that run along the edge of the Tuxedo Club Golf Course at Eagle Valley Road might be a cost effective, aesthetically pleasing option.
The Village Office needs a fresh coat of paint both inside and out and several of the rental garages located there are in need of minor repairs as well.
It was determined that estimates for these projects should be collected and presented to the Board.

Water Department – The budget for the Water Department was briefly reviewed. There are some leaks in the water tank that need to be repaired. Additionally, the water truck will need to be replaced, as it is 13 years old and in constant need of service.

Police Department: Chief Sanford led the Board through a line-by-line review of the Police budget. Overall, costs in this department are down. Personnel costs have risen slightly due to contractual raises, however the Department is currently down two full-time officers. The issue of high gas and electric bills for the Police Buildings was discussed. The furnace is the storage building is in need of repair, but will not be fixed at this time because neither the department nor the Village is actively using the space. However, heating and electric costs in the building that houses the Police Department are quite high due to the lack of insulation and the old, somewhat drafty windows. Replacing these windows with more energy efficient ones will surely be a costly venture because the building is historic, which makes changing things more difficult.
The idea of purchasing police radios as opposed to leasing them was discussed. The Mayor suggested that it might be cheaper to purchase, however Chief Sanford commented that the service contract which comes along with the lease covers any and all repairs to the radios, which makes this a more cost effective option. However, at Mayor Stebbins request, he agreed to investigate the potential costs associated with purchasing.

Village Office: The Board briefly reviewed the budget for the Village Office. There are no major changes from last year’s budget.

Consider Second Building Permit Extension for Donald Hanson:
The Board continued their discussion and consideration of a second building permit extension for Donald Hanson. Given the importance of the situation, The Mayor announced that he would allow public comment.
The only members of the public who were present to comment were Mr. Hanson’s neighbors, the Stewarts. Mr. Stewart commented that while he has lived in the Village for 30 years and believes that property owners should have the right to do what they wish on their property, that the Hanson project has been going on for 7 years and flooding issues, which were supposed to have been addressed, continue to persist. Citing the most recent rain storm, he pointed out that bails of hay had not been installed where they were supposed to be and that the siltation fence had been over run in three different places, resulting in flooding to his property. Piles of dirt and rock on Mr. Hanson’s property have increased in size, which allowed a boulder to spill over the fence and into the roadway below. He commented that his patience is gone and at this point he would just like to see the project come to and end. He asked the Board to consider either shutting the project down entirely or forcing Mr. Hanson to complete it within a reasonable amount of time.
Mayor Stebbins then inquired of Mr. Hanson whether or not the siltation fence has been refortified as per the request of the Building Inspector and Village Engineer. Mr. Hanson responded by commenting that he would like nothing more than to finish the project. A work schedule for completion was submitted on February 16 and he believes they can be finished within 6 months.
Some specifics regarding the work that remains to be finished were discussed.
Mayor Stebbins commented that the dirt and rock mounds on the property must be removed no later than April 1. Trustee Hays concurred with this, stating that the dirt should removed ASAP, even before April 1 if possible. Mr. Hanson responded that he was aware of this issue and that currently the piles are frozen solid. Workers had that day attempted to loosen the dirt by jackhammer for the purpose of removal, but it was frozen solid. The possibility of bringing in heated blankets to help thaw out the dirt has been explored and Mr. Hanson would like to move forward in this regard as soon as possible.
Trustee Pompan commented that until the dirt can be moved, its immediate proximity to the siltation fence is an issue and that, while he is admittedly not an engineer, perhaps the idea of increasing the height of the fence along with the immediate instillation of hay bails should be explored.
Mr. Hanson responded that while he was not an engineer either, it was his understanding that making the fence higher would not help to prevent the flooding. However, he stated that if the Village would like him to explore that option, he was willing to do so. He then suggested that perhaps the installation of a second fence might alleviate some of the problem.
Building Inspector John Ledwith stated that he would confer with the Village Engineer, however it was also his understanding that increasing the height of the fence would not solve the problem. He went on to suggest that the issue exists as a result of the property’s slope and then expressed some concern regarding the direction of outfall pipes from a new tank to be installed and suggested that the proposed level spreader be relocated.
Following this discussion, Mayor Stebbins announced that the Board has decided that it is better to allow Mr. Hanson to complete project without stopping, however, they have structured a proposal for how the project will be completed that he believes will satisfy everyone’s needs. This proposal was then presented and discussed. Following the discussion, the Board voted unanimously in favor of granting Mr. Hanson a 6-month extension with the following 7 conditions:

1. A second siltation fence along with several bails of hay will be installed as soon as practicable and maintained on a regular basis
2. All adverse effects of the storm water run off from the property will be mitigated
3. No later than April 1, 2010 the storm water system must be:
   1. completed and operational
   2. consistent with the project plans and design specifications
   3. maintained to the satisfaction of the Building Inspector
4. No later than April 1, 2010 the dirt mounds must be removed and the property restored to pre-construction state to the satisfaction of the Building Inspector
5. The Board requests that Mr. Hanson consider implementation of rain gardens and/or swales in order to mitigate storm water runoff to surrounding properties.
6. Mr. Hanson must submit for approval a schedule outlining the completion of work and this must be approved by both the Building Inspector and the Village Engineer.
7. The Building Inspector must perform routine check on an on-going basis to ensure that the project is in compliance with the applicant’s permit and the Village Code.

Consider a New Plan for Village Health Insurance:
A brief discussion with regard to researching alternative health insurance providers took place, however no action was taken.

Award Bid for the Purchase of a Pre-Owned Street Sweeper:
The bid for a pre-owned street sweeper was awarded by resolution to Timmerman Equipment of Whitehouse, NJ for $30,000.

Engineering Proposals:
The Board discussed Weston & Sampson’s proposal to do Phase I of I&I data gathering and flow monitoring of sewer mains for $38,900. No action was taken.

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Agenda for Special Board of Trustees Meeting February 18, 2010

1. Call Meeting to Order
2. Pledge of Allegiance
3. Budget Work Shop – Review FY2010 Budgets for:
   • Police Department
   • Department of Public Works
   • Water Department
   • Village Offices
4. Re-open Public Meeting on Tax Grievance
5. Consider Second Building Permit Extension for Donald Hanson
6. Consider a New Plan for Village Health Insurance 
7. Award Bid for the Purchase of a Pre-Owned Street Sweeper
8. Consider Approving W&S Proposal for SSES Work Plan
9. Consider Approving W&S Proposals for Other Engineering Services
10. Approve Minutes relating to Board of Trustees Meetings

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Village Board of Trustees Meeting February 11, 2010

The Board of Trustees met on Thursday, February 11, 2010 after the Wednesday February 10 meeting was cancelled due to a snowstorm. Mayor Stebbins and Trustees Hays, Worthy and Pompan were present; Trustee Hansen joined the meeting at 10:00 pm.

Mayoral Report: Mayor Stebbins reported that the Village’s cash position is $175,000 ahead of last year but down from the previous month because expenses are exceeding the budget. Total expenses for this fiscal year to date are $ 2,586,000 which is 71% of the budget as the Village is at the 70% point in the fiscal year. However, a significant budget deficit for this fiscal year is anticipated which the Board is taking seriously. They have instituted measures to reduce expenses such as reducing temporary office workers; cancelling the rental of garage space from the Town for DPW equipment; cutting the environmental consultants work, which DPW can handle; and prioritizing and reducing engineering fees. Other measures under consideration include options for selling water. A grant was received for the hydro-electric unit for Dam 3. The Mayor has formed a Management Committee with the Mayor, Village Clerk, Building Inspector, DPW head and the Police Chief to improve communication and identify issues that need to be resolved.

Deputy Mayor Report: Deputy Mayor Hays met with the Town Supervisor Dolan and a highway construction company to determine whether our roads could use their services for melting the top layers of asphalt and it was determined that this method would not be suitable for our roads. The Tuxedo Reserve developers expect to complete their Final Environmental Impact Statement in the next couple of weeks as well as a report of the public’s questions and their answers to those questions. The FEIS should be available at the Village Office, Town Hall and the Tuxedo Park Library. Meanwhile, an independent fiscal analysis of the project and its fiscal impact on the Town is also expected to be completed soon. With the June election approaching, Deputy Mayor Hays requested that a routine be established for departing officers to pass on information to incoming officers.

Budget Officer Report: Budget Officer Pompan thanked the department heads for submitting their budget requests. The following schedule for the budget process is:

            February 18:  Budget Workshop

            March 19: Filing tentative budget to Village Clerk

            March 23: Review of budget by the Board of Trustees

            April 7: Public Hearing

            May 1: Deadline for final budget

Police Report: Police Chief Ken Sanford gave the following account of police activity:

            37 non-criminal complaints

            4 criminal arrests (2 suspended licenses; 1 revoked license; 1 criminal   
                        Impersonation)

            2 accidents

            30 tickets, including 9 speeding tickets and 3 wrong way tickets on
                        Clubhouse Rd

            2 false burglar alarms

            6 false fire alarms

            5 medical calls

            7524 non-tagged vehicles entered the Park

The police assisted the Town police 4 times. Officer Mike Biagini went to work for the Town Police. We now have 2 full-time police officer positions to be filled. In addition to Chief Sanford there currently is one full-time officer.

Water Department: John Ledwith gave the Water Department Report:  One leak that had been found during the leak detection survey last fall has been repaired. This leak was losing 2160 gallons/day.

Building Inspector’s Report: John Ledwith also gave the Building Inspector Report:

Peter Regna’s application for an extension of a retaining wall was approved by the BAR. The BOT approved the issuance of Mr. Regna’s permit. Howard Shore will remove a tree on his West Lake Road property which will require closing West Lake Road for approximately 5 hours. Signs will be posted at Mountain Farm Rd and Turtle Point Rd.

An accessory building that was used for storage has been removed by the DPW. This building was next to the Police Building on the Tuxedo side and was unstable. The Tuxedo Park Garden Club has offered to donate three white pines to be planted at this site by the DPW in the Spring.

As of February 22, the Village residents must comply with Amanda’s Law that requires carbon monoxide detectors to be installed on the lowest floor that contains a bedroom.

A letter was sent to landscapers who plow in the Village requiring that they do not leave snow on Village roads when plowing residents’ properties.

A letter was sent to residents who have septic tanks or cesspools notifying them that septic tanks need to be pumped every five years and cesspools every year. Proof of maintenance is required.

Mr. Ledwith met with Michele Lindsay and Alan Heywood from the Village Improvement Committee to review their survey of streetlights that need to be maintained and/or repaired. The Village supplies the bulbs and Orange & Rockland installs them. O&R will be asked to complete their repairs according to the plan agreed upon with the Village.

Public Comments:

Dena Steele, President of the Tuxedo Park Garden Club, asked for preliminary approval of the Club’s plan for a rain garden in the north corner of the Village Office parking lot. Kevin Summer, who had provided engineering work for the Environmental Advisory Committee, gave the highest priority to that area for a rain garden. The garden will naturally filter stormwater runoff before it enters the storm drain which dumps the runoff directly into the little Wee Wah. The Garden Club requested that the DPW remove the asphalt around the storm drain and prepare the site, approximately 20’ x 20’. The Club will fund plantings, drainage materials and the engineering plan. The Club is honoring Ursula Ehlers with this garden; Ms Ehlers, a longtime resident of the Village, had left a generous bequest to the Garden Club.

In reference to the closing of West Lake Road for Mr. Shore’s tree removal, Michele Lindsay requested that the DPW place road closing signs at the junctions of Tuxedo Road and East Lake Road and also at East Lake Road and West Lake Road which would be more convenient for residents who live on West Lake Road.

Old Business:

The building permit for Donald Hanson on Tower Hill Road had been extended and that extension expires February 18. Mr. Hanson is requesting another extension. John Ledwith had submitted questions about the project’s progress. Mr. Hanson gave his replies:

1. Work completed in the last 6 months include roofs on structures and brickwork;
2. Two storm water systems will be completed in the spring; tanks have been installed but are not hooked up;
3. Construction of exterior buildings should be complete by April 1, weather permitting;
4. Piles will be removed by the end of March;
5. Site cleanup and landscaping will be complete by May 1 below retaining walls and by July 1 north of the house and by August 1 by the pool;
6. Regarding replacement of trees killed by dirt mounds, Mr. Hanson will present plan to the BAR.

The Board discussed the permit extension. When Mr. Hanson received his most recent extension, the BOT added a new condition – that Mr. Hanson make it his highest priority to complete the stormwater management system and that he remove piles of dirt and rocks. The BOT felt that the same issues are still before the Board, with runoff a problem and the neighboring properties inconvenienced. The neighbors feel that new bales of hay and new fencing are needed. Mr. Hanson said that he can’t remove the dirt piles because the ground is frozen and the BOT expressed their disappointment that the piles had not been removed before the frost since the permit was extended 6 months ago. Now the coming rainy season may present problems for the neighbors. The BOT expressed concern whether the storm-water management system will work and Mr. Hanson replied that his engineer will work with the Village engineer to address any concerns.

The Board requested an update of the work schedule to be presented to the BOT on February 18 at the Special Budget Meeting at which time the BOT will make a determination on Mr. Hanson’s permit extension request.

The Board considered a proposal from Princeton-Hydro to conduct a fish survey. The BOT will focus on Tuxedo Lake at this point, given budget constraints. A grant of $15,800 has been received towards this survey and $25,000 is in the budget. The BOT has taken a considerable first step with the passage of the phosphate ban for all properties in the Village to help protect the water supply. Trustee Hays suggested that the Village wait to see the effects of this ban before taking the next step to survey the fish. The algae, which is one of the Board’s concerns, may be caused by fish eating the phyto-plankton, but it is possible that the ban on phosphates may help remedy the problem. The long-term goal of the study is to determine the causes of algae, to study mercury levels and to achieve a healthy balance of species in the lake. The study could help determine whether stocking the lake is a good thing or not. Trustee Worthy suggested offering the study to a university and the BOT decided to pursue that suggestion. The BOT also decided to include $20,000 in next year’s budget for this project.

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Agenda for Village Board of Trustees Meeting February 11, 2010

1. Call Meeting to Order
2. Pledge of Allegiance
3. Reports
   • Mayor and Deputy Mayor and Budget Officer
   • Police and DPW and Water Dept.
   • Advisory Committees
4. Building Permits
5. Public Comments
6. Old Business
   • Discuss Second Building Permit Extension for Donald Hanson
   • Consider Princeton-Hydro's Fish Survey Proposal from Lake Management
   • Discuss New Approach to Proposed Tree Law
   • Review Status of Water Shut-Off Notices under Hamlet Amnesty Program
   • Confirm Dates for Village's Budget Process
7. New Busines
   • Consider Pursuing a New Plan for Village Health Insurance
   • Review and Consider Approving W&S's Proposal for SSES Work Plan
   • W&S Proposal for an Engineering Schematic for Relocating the DPW
   • Request Trustee Lisisons to Attend Periodically PB, BZA, BAR Meetings
   • Request Advisory Committees to Report to Board on Active Projects
8. Approve Minutes relating to Various Regular and Special Board of Trustees Meetings
9. Adjourn to Attorney-Client Meeting and Executive Session to Discuss Litigation, Employee Matters, and Water Bills
10. Audit of Claims
11. Adjourn

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Village Board of Trustees Meeting January 13, 2010

The Village Board of Trustees met on Wednesday, January 13, 2009 at 7:30pm. Trustees Worthy and Hanson were absent.

Mayoral Report:
Mayor Stebbins opened the meeting with a brief financial report. The Village is currently running 1.3% below the anticipated budget. However, due to unexpected increases in litigation expenses as a result of the Donald Hansen lawsuit, as well as unforeseen engineering and DPW expenses, the Mayor projects that the budget will be exceeded by roughly $325,000. Because the Village began the fiscal year with a surplus, these costs will be absorbed. However, the Mayor cautioned that moving forward as the surplus is depleted, increases in expenses such as these would inevitably lead to an increase in taxes.
The Village has filed a motion to dismiss in the Donald Hanson case. Mr. Hanson is challenging the legality of the Tuxedo Park gates. The Village plans to argue in favor of keeping the gates with the hopes of having the case dismissed.
As per New York State dam regulations, the Village is in the process of providing for annual certification of all three Village dams. This will require full dam inspections and engineering assessments as well as the submission of a maintenance plan.
There is an open seat on the Village Board of Architectural Review. Interested residents should contact either Board Chair Paola Tocci or John Ledwith in the Village Office for more information.
Finally, the Mayor expressed his gratitude to the DPW for their efforts with the recent snow and ice and also to the Village Police Department for their work in helping to abate speeding in the Village.

Deputy Mayor Report:
Deputy Mayor Jim Hays reported that the DPW is in need of a new air compressor. These typically cost around $12,000, however the town has agreed to share their compressor, alleviating the need to purchase a new one.
A meeting has been set for early spring for the purpose of further exploring the idea of Highway Rehab for the Village. This process of recycling roadways by “melting them down and spitting them back out” may or may not be a cost effective possibility for the Village
On Monday, January 11 the Town Board conducted an informational meeting for residents and Town Board members alike regarding the Related Companies’ proposed SMART CODE. The SMART CODE, which is part of the developers’ proposed amendment to their special permit, is a body of standards, including zoning, architectural and landscaping components, by which the Tuxedo Reserve project would be regulated. The various components would be unique to each neighborhood within the development and would over-ride the existing Town Code. The Deputy Mayor reported that the meeting had, for the most part, consisted of a developers’ presentation, complete with all the usual hype and that there had not been much response from the Town Board, which he found to be discouraging. He further reported that there had been many good questions from the public, some of which were answered well and others of which were not.

DPW Report:
DPW Superintendent Jeff Voss reported that negotiations for a new dump truck frame are on going and will take a little longer. The Board authorized Superintendent Voss to put out a bid for a new truck at their December meeting, however the Superintendent is exploring all options with the dealer (including frame replacement and/or cash towards the purchase of a new vehicle) before moving forward.
The overhang of brush and branches into Village roadways from various resident properties around the Village has become an issue and the DPW has begun trimming as residents have not been taking the initiative to do so themselves.

Water Department:
On December 12, 2009, the Board of Trustees voted in favor of adopting an Amnesty Plan to be offered to those Hamlet customers who are in arrears to the Water Department. The plan consists of 2 options:

Plan A – All penalties waived for those accounts paid in full by 1/31/10

Plan B - 50% of penalties waived for those accounts paid in full by 3/31/10

Customers who elect not to participate and continue to remain in arrears will have their water service terminated in 30 days.
John Ledwith reported that of the 66 letters sent to town residents, 7 accounts have been paid in full.
Water loss has been discovered at the sewer plant in a fresh water line dedicated to cleaning screening that is crucial to the process. An estimated 1,700,00 gallons per quarter is being lost. The Board agreed that John should speak to the Village Engineer as soon as possible about possible solutions.
7 of the 10 leaks identified in the survey completed earlier this fall have been repaired.
Due to the cold weather, the remaining leaks cannot be repaired at this time and will be taken care of in the spring.

Advisory Committee Reports:
Village Improvement Advisory Committee (V.I.A.C.) – On behalf of the VIAC, Michele Lindsay reported that committee member Alan Heywood would be meeting with the Wee Wah Beach Club for the purpose of better understanding their agreement with the Village so that they could be of greater assistance in the coming year.
Mayor Stebbins responded by explaining that as per the most recent licensing agreement, The Beach Club pays the Village a licensing fee of $5000 and the Village in turn puts this money back into the property in the form of improvements. The VIAC has been asked to serve as a watchdog for the Village by working with the Club to ensure that the money is reinvested in a productive way. Unfortunately, things did not run as smoothly with this as the Village had hoped in the summer of 2009.
Mrs. Lindsay responded that she was hopeful that by meeting with the Beach Club, discussing the details of the agreement with them, and helping them to assess what needs to be done, the VIAC would be able to forge a stronger working relationship with the Club, which would allow them to be more helpful in the coming year.
With regard to street lighting, Mrs. Lindsay reported that John Ledwith had identified all the pole numbers for those lights that are currently not operational. Next She and John will meet together with Alan Heywood in order to determine how to move forward with O & R.
A portion of the glass light at the Front Gate is broken. The VIAC has determined that it will cost $250 to repair the damage.
Finally, Mrs. Lindsay reported that in the weeks ahead, she and Alan Heywood plan to walk the Race Track property for the purpose of identifying dead trees that need to be removed for the safety of the public. One tree in particular, currently hanging high above Tuxedo Road, was discussed. The Mayor expressed his support, but commented that because the Village is currently facing numerous other costly infrastructure projects, only those trees that are considered public safety hazards should be removed.

Public Comments:
There were no Public Comments.

Old Business:
Award Contract Bid for Chlorine Building Modifications:
The Board voted unanimously in favor of accepting the lowest bid of $50,000 from Building Corp II for modifications at the Chlorine Building, as per the recommendation of Village Engineers Westin and Sampson.

Public Hearing on Local Law Introductory #8 of 2009:
The Public Hearing on Local Law Introductory #8 of 2009 regarding the defense and indemnification of Village Officers and employees while acting within the scope of their employment was reopened. Board Attorney Rick Golden once again explained that while a defense and indemnification clause currently exists within the Village Code, the proposed legislation allows for more specific provisions and sets forth clear limitations. Additionally, it provides indemnity for punitive damages, as well as a clear-cut process for the Village to follow when cases arise.
Peter Regna commented that surely the proposed legislation was predicated on the Village’s carrying insurance to cover the costs. He inquired as to whether or not the insurance carrier had reviewed the legislation as proposed?
Board Attorney Rick Golden responded that while insurance will cover a great deal of the costs New York State will not allow them to cover punitive damages and that these costs will have to come from the Village “coffers”.
As there were no other comments from the public, the hearing was closed.
Following a brief discussion the Board voted unanimously in favor of rescinding Local Law # 2 of 1988 and enacting (or replacing it with) Local Law Introductory # 8 of 2009, which will now become Local Law #1 of 2010.

Discuss Tree Preservation Law:
Draft legislation for a new law regarding tree preservation was introduced and discussed. Trustee Pompan expressed some concern with a section of the law requiring residents to obtain permits for every tree removed above a certain size. He commented that while in concept some of the reasoning behind this proposed requirement makes sense, he was not in favor of the proposed requirements for obtaining a permit, He suggested that the process as proposed was too complicated and expressed concern with the idea that residents may view it as another “cottage industry” for the Village.
He further commented that the legislation as proposed is lacking a clear distinction between tree removal as it is associated with new development and lot clearing and tree removal as it is associated with 90% of the other requests from residents. He inquired as to whether or not the Village Planning Board has a process in place for addressing this issue.
Planning Board member Peter Regna responded that writing a tree law that can be applied evenly to all properties is an onerous task because of varying property sizes within the Village. He commented that the Planning Board has discussed creating a 1-man review board for the purpose of evaluating situations on a case-by-case basis.
Following some further discussion regarding general maintenance of landscaping and shrubbery, it was agreed that the Trustees would submit their thoughts and suggestions via e-mail to Rick Golden for the purpose of creating a new draft.

Status Report on EFC Applications:
The Village has filed two applications with the New York State EFC (Environmental Facilities Corp) for assistance in funding both the installation of a new water line and repairs to the sewer maintenance building. The process is ongoing.

Calendar for Village’s New Fiscal Year Budget Process:
Trustee Pompan presented the following loose calendar for the 2010 budget process:

2/2 – Deadline for department heads to submit information
2/17 or 2/18 – Budget workshop with department heads
3/20 – Tentative Budget Filed
Week of 3/22 – Review of Tentative Budget
4/7 or 4/8 – Public Hearing
5/1 – 2010 Budget adopted

He requested that department heads and Trustees alike submit their schedules so that the calendar can be refined and set as soon as possible.

New Business:
Discuss Potential Actions for Reducing Expenditures for FY 2010 2011:
It was agreed that each Trustee would submit their ideas for reducing expenditures via e-mail for discussion at the next meeting.

Announcement of June 15th as Village Election Day:
Village Elections will take place on Tuesday, June 15, 2010.

Consider new Lake Protection Measures: “Scoop” law, pesticides etc.:
The Board discussed possible new lake protection measures including the idea of a “scoop” law, which would require residents to clean up after their dogs. Trustee Pompan pointed out that because there is no leash law in the Village, enforcing a “scoop” law would be next to impossible.
The issue of geese was also briefly discussed but no determinations were made.
With regard to pesticides, Attorney Rick Golden advised the Board that crafting such a law would be a big, science oriented job, The Mayor suggested that the Board review Greenwood Lake’s policy on pesticides, commenting that he believe they have a phosphate law already in place. He inquired of Rick Golden as to whether or not he was aware of any other municipalities with pesticide laws like this. The answer was no.

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Agenda for Village Board of Trustees Meeting January 13, 2010

1. Call Meeting to Order
2. Pledge of Allegiance
3. Reports
   • Mayor and Deputy Mayor and Budget Officer
   • Police and DPW and Water Dept.
   • Advisory Committees
4. Building Permits
5. Public Comments
6. Old Business
   • Award Contract Bid for Chlorine Building Modifications
   • Reopen Public Hearing on a new Local Law Introductory #8 of 2009 regarding the Defense and Indemnification of Village Officers and Employees while Acting within the Scope of their Employment; Consider voting on this new Local Law.
   • Discuss Tree Preservation Law
   • Status Report on EFC Applications
   • Calendar for Village’s New Fiscal Year Budget Process
7. New Busines
   • Discuss Potential Actions for Reducing Expenditures for FY 2010 and 2011
   • Announcement of June 15th as Village Election Day
   • Consider new Lake Protection Measures: “Scoop” law, Pesticides, etc.
8. Approve Minutes of December 9 and 12, 2009 Board Meetings and December 17, 2009 Chlorine Building Bid Opening
9. Adjourn to Executive Session to Discuss Employee Matters, and Water Bills
10. Audit of Claims
11. Adjourn

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