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Recent Village News
Village of Tuxedo Park - Proposed Tentative 2024 / 2025 Budget (Posted 4/16/24)
The Village of Tuxedo park will hold a publc hearing on the proposed tentative budget for 2024 / 2025 on Thursday, April 18 at 7pm.
A copy of the Tentative Budget can be viewed here
Zoom Information:
https://us02web.zoom.us/j/86325020383?pwd=UmFlTkZVZ2krcUdYd0FoUlo3VzhMZz09
Meeting ID: 863 2502 0383
Passcode: 757417
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Mayor Citrin's Monthly Message - April 2024 (Posted 4/4/24)
Click here to view The Mayor's mothly message.
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Mayor Citrin's Monthly Message - March 2024 (Posted 3/4/24)
Click here to view The Mayor's mothly message.
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Mayor Citrin's Monthly Message - January 2024 (Posted 1/30/24)
Click here to view The Mayor's mothly message.
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NYS Supreme Court Denies Guazzoni's Motion Against the Village, Board of Trustees and Former Mayor - Petition Dismissed (Posted 1/17/24)
On January 16, 2024 the Honorable Maria S. Vazquez-Doles issued her deicsion denying the motion of Claudio Guazzoni againast the billage of Tuxedo Park, The Board of Trustees and Former Mayor David McFadden and dismissed the petition. That decision can be viewed here.
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NYS Supreme Court Judge Denies Village Attempt to Recoup Nearly $300,000 in Attorney's Fees Following 2023 Election (Posted 1/16/24)
On January 16, 2024 the Honorable Maria S. Vazquez-Doles issued her deicsion denying the motions of the Village, Trustee Paul Brooke and Trustee Joshua Scherer for an award of close to $300,000 in attorney's fees from Claudio Guazzoni and Village Mayor Marc Citrin. That decision can be viewed here.
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47 Club House Road is For Sale (Amended 1/13/24)
** Related Articles: Editorials - 47 Club House Rd
***At TPFYI we are committed to accurate and balanced reporting. It Is our policy to amend and/or correct articles when and if inaccuracies are discovered. The following article, originally posted on January 10, 2024, has been updated and corrected on January 13, 2024 as follows:
47 Club House Road in the Village of Tuxedo Park is for sale. The listing price is $325K.
The home was at the heart of nearly a decade of litigation between former owners King/Duchin and the Village due to the fact that the Board of Zoning Appeals refused to remove seasonal restrictions placed upon the property. In 2021 the New York State Supreme Court issued a decision enjoining the Village from enforcing the seasonal conditions. (That decision can be viewed here.) Concern amongst some residents arose in early 2023 when at their January 18 meeting, the Board of Trustees voted to remove the seasonal restrictions and grant a Certificate of Occupancy pending sale of the property.
The property was subsequently sold to Elisa Gilbert, the companion of Village Trustee Paul Brooke, for $200K.
Multiple residents came forward with questions and concerns at the August 30 meeting of the Trustees, when a proposal by the property owner to renovate an old Village-owned pathway known as “The 100 Steps” was identified and discussed as these stairs lead directly to the property and, as it has no road frontage or off-street parking, are its only access. Mayor McFadden explained to the public that the owner of 47 Club House Road was proposing to upgrade and maintain a new, safer stairway on the Village owned land. Before the Board could make a decision as to whether or not they wanted to accept the offer and proceed, procedure dictated that the proposal would need to be reviewed by the Board of Architectural Review. When asked by a neighboring property owner if the home still had season restrictions placed upon it, the Mayor noted that the Village had been ordered by the courts to give the property a year-round Certificate of Occupancy roughly two years prior. (See decision above) Later that evening, The Board voted in favor of authorizing the property owner to appear before the Board of Architectural Review for evaluation of the proposed project.
Ultimately, the proposal did not move forward to the B.A.R. and the home is now back on the market.
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TUXEDO PARK HAS A NEW TRUSTEE ! (Posted 1/5/24)
Dear Neighbors,
As you may be aware, Village Trustee and Deputy Mayor Chris Kasker was elected to the Tuxedo Town Board in November 2023. On January 3, 2024, he took the Oath of Office as a Town Council Member. Pursuant to NYS Law, upon taking the Oath, his offices as Village Trustee and Deputy Mayor became vacant. I thank Chris for his years of service to the Village and look forward to working with him on issues of importance to the Village and the Town.
Now, I am pleased to report to you that I have appointed Michele Lindsay of 2 Eagle Mountain Road to fill both the Trustee and Deputy Mayor vacancies. Michele has just completed two 4-year terms as a Tuxedo Council Member where she served as Deputy Supervisor and concentrated her efforts on such issues as Climate Smart projects, Grant writing, Bond issuance and refinancing, and Revitalization of the Hamlet.
Michele also has substantial experience in Municipal Bond Trading, Sales and working with Public Finance. She previously served the Village as a member of the Improvement Committee and is currently the Chair of the Police Chief search committee. Michele and her spouse, Jake Lindsay, who is chair of the Board of Zoning Appeals and a former Trustee, have been residents in Tuxedo Park for nearly three decades. Their daughters Hillary and Claire attended Tuxedo Park School.
I look forward to working with Michele as she applies her years of government experience to making Tuxedo Park Even Better.
Marc
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Christmas Tree Disposal in the Village (Posted 1/3/23)
From the Village of Tuxedo park 1/3/24:
Dear Resident,
We hope you had an enjoyable holiday with Family and Friends.
DPW has started to collect Christmas Trees. If you have a Christmas Tree for disposable please leave it at the end of your driveway for DPW to pick up.
Best Wishes for a Happy and Safe New Year!
Best Regards,
Denise Spalthoff
(O) 845-351-4745, ext 104
(F) 845-351-8881
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Mayor Citrin's Holiday Message - December 2023 (Posted 12/24/23)
Click here to view The Mayor's Holiday message.
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Attorney for Mayor Citrin Files Affirmation in Opposition to On-Going Village Lawsuit (Posted 12/5/23)
On December 1, 2023 an attorney representing Tuxedo Park Mayor Marc Citrin filed an Affirmation in Opposition to the Village’s recent attempt to recoup $300,000 in legal fees following the recent election.
Click here to view the document. back to top
Mayor Citrin's Monthly Message - December 2023 (Posted 12/3/23)
Dear Neighbors,
I hope that everyone had an enjoyable and relaxing Thanksgiving.
I am pleased to report to you on some of the developments that have taken place since my last message in October 2023.
Most importantly, on November 15, 2023, the Board of Trustees passed a resolution transferring control of Village elections from the Village Clerk to the Orange County Board of Elections. This means that starting with the Village election in June 2024, the County will be responsible for providing absentee ballots, notifying voters of any defects in the absentee ballots and allowing those voters to “cure” the defects. In addition, voters will now be able to track their absentee ballots on the NYS Board of Elections website. Furthermore, the County will handle the administration of the newly enacted “vote by mail” State statute; conduct all Election Day proceedings and provide tabulated results at the close of the polls. All these services will be provided without cost to the Village, resulting in a savings of $2,000-3,000 per year.
With respect to traffic safety in the Village, the Board of Trustees has begun a to discuss reducing the Village speed limit from 30mph to 25mph as authorized by State legislation in 2022. As part of the evaluation, the Board will hire a traffic engineer to provide a study of the Village roads which will also include examining the barriers presently in place on the shoulders of the roadway, primarily boulders, to determine if they should be increased or replaced with guiderails.
As for committee work, the Communications Committee has met with several cell tower companies to discuss placement of “micro-cells” on utility poles throughout the Village to improve service in lieu of building a large (120 foot) cell tower at a single location in the Village at high elevation.
The ad hoc landscaper/tree cutter licensing committee has also met recently to discuss the various types of landscaping activities that are regulated and
prohibited by the Village Code. These would be included in any licensing agreement with landscapers and tree cutters that operate in the Village.
Violation of any of those Code provisions would subject the companies to a hearing before the Board of Trustees and possible suspension or revocation of their license. Input from the landscaping companies will be sought prior to implementation of any licensing requirements.
With respect to oversight of Village finances, the Board of Trustees has scheduled an initial meeting with the Hudson Valley representative from the NYS Comptroller’s office for later this month. The meeting agenda will include a review of the Comptroller’s recommendations from the 2017 Village audit to determine compliance.
Upon my recommendation, the Village now has 3 lake wardens, one for each body of water, as well as a supervising lake warden. These four residents, each of whom live on or near their assigned lake, will be responsible for educating boaters on safety, as well as keeping watch for any unauthorized activities that should be reported to the police department.
Speaking of the police department, the Police Chief search committee has begun its work on finding a new Chief, who will be physically present in the Village. The new Chief must be selected from a list of certified eligible candidates as designated by Orange County Civil Service. Letters announcing the vacancy have been sent to the 20 or so eligible candidates and we are awaiting their responses to determine how many are interested in the position.
As you are aware, the DPW and its contractors have completed the repaving of Tuxedo Road from just above the entrance to the Triangle. In addition, West Lake Road and parts of Serpentine Road and Lorillard Road have been repaved.
Future repaving will await the Spring 2024 weather.
I have enjoyed meeting with residents at Village Hall every Thursday evening for 90 minutes. As the winter darkness is upon us, I will be reducing the Meet the Mayor session to one hour, now 6pm to 7pm. Please stop by.
Last, but not least, I wish everyone a healthy and happy holiday season!
Marc
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Village of Tuxedo Park & Trustee Brooke Sue Mayor Citrin & Claudio Guazzoni Seeking $300,000 in Legal Fees (Posted 11/19/23)
? Below find the 3rd filing of Elisa T. Gilbert, Esq on behalf of Village and Trustee Paul Brooke seeking $300,000
in attorneys’ fees from Claudio Guazzoni and Marc D. Citrin.
Included as exhibits are redacted bills
In the amount of approximately $200K from Santiago & Burger and Feerick Nugent paid by taxpayers
and $100K from Elisa T. Gilbert, Esq. paid by check in October from her “life partner” Trustee Paul Brooke.
This motion for attorneys’ is returnable before Justice Maria Vazquez-Doles in Goshen on December 8, 2023.
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Orange County Supreme Court
Notification of Filing
11/18/2023 |
On 11/18/2023, the NYSCEF System received the documents listed below from filing user ELISA GILBERT .
Case Information
Index #: EF004013-2023
Caption: Claudio Guazzoni de Zanett v. ELIZABETH DOHERTY et al
eFiling Status: Full Participation Recorded
Assigned Case Judge: Maria S VazquezDoles
Documents Received
Tuxedo park Community Clean Energy Program Presentation November 13(Posted 11/6/23)
Renewable Energy at Competitive Rates
Monday, November 13th Info Session: Get Answers to Your Questions
The Village of Tuxedo Park is exploring a bid to participate in an innovative renewable energy program, which would be called the Tuxedo Park Community Power program.
If the Village moves ahead with this program, the Tuxedo Park Community Power program will provide access to renewable electricity supply at competitive rates, with no contracts for consumers. The program can have a measurable positive environmental impact, giving each of us a way to reduce our carbon footprint and providing strong consumer protection.
Join us on November 13th, at 7:30 pm to learn more:
Join in person in Tuxedo Park Village Hall
80 Lorillard Road, Tuxedo Park, New York 10987
Join Zoom Meeting https://bit.ly/tp1137
Or call: +1 929 205 6099 / Meeting ID: 895 1705 4275
Links to all online meetings are posted at www.joulecommunitypower.com/events.
For more information about the program, you can also check www.joulecommunitypower.com/tuxedoparkvillage
email us at solutions@joulecommunitypower.com or call us at: (888) 985-2211.
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October 8 Stewardship Forum A Success! (Posted 11/1/23)
Nearly 100 residents attended the October 8 Stewardship Forum meeting featuring Todd Forrest, VP Horticulture & Living Collections of the NY Botanical Garden.
Highlights of what we learned:
*It is possible to create environmentally responsible gardens that are beautiful at the same time. Todd shared best practices starting from p.43 of his PowerPoint presentation.
* We live in a watershed. Be mindful that the toxic ingredients in fertilizers, herbicides, and pesticides (see p.37) we put-on our lawns and plants will eventually flow into our reservoir, streams and lakes, thus affecting the health and quality of our drinking water besides harming plants, and wildlife.
*Use native plants that thrive in the NE region - see pp. 76, 81, 86 & 89 for examples.
*Consider using natural products (e.g., compost tea, kelp, molasses, fish emulsion, se p.. 48) and natural methods (e.g., leave clover in lawns, see p. 45) to promote garden health.
Click here for the powerpoint presentation. Click here for a full video recording of the meeting. back to top
Mayor Citrin's Monthly Message - October 2023 (Posted 10/26/23)
Dear Neighbors,
I am pleased to report to you on some of the developments that have taken place since my term as your Mayor began on September 18.
Upon assuming office, I met with all of the department heads: John Ledwith, Jeff Voss, Chief Conklin (by phone…more on that later), with our Village Clerk-Treasurer Elizabeth Doherty, and Deputy Clerk Denise Spalthoff, to lay out my plans for the operation of your Village government.
One initial change that I made was moving Denise from her “exile” in the Lodge to Village Hall, which now allows her to assist both residents, as well as Elizabeth.
As promised during the campaign, I have also begun to review all contracts and service agreements with outside vendors and contractors. In doing so, I discovered that the previous administration had allowed the contract with our carting company to expire in November 2022. I immediately contacted Sterling Carting’s executives and negotiated an extension of the contract through November 2024. I have also just learned that the previous administration failed to timely file the Village’s Annual Financial Report for the year ending May 31, 2023 with the NYS Comptroller’s Office. I am in the process of coordinating the same with the Village’s accountants, who were not retained until August.
As part of my duties, I regularly drive throughout the entire Village looking for dangerous road conditions and other hazards that must be addressed by the DPW or the Building Department. In my travels I noted that Lorillard Road needed immediate repaving and the work was completed by our DPW team within days of my request for the same.
On another topic, you may have received an e-mail from the former mayor alleging that I intended to reduce police services. Nothing could be further from the truth. The former mayor’s purported “source” for these fantasies, PBA President Sutherland, immediately disavowed the former mayor’s nonsense by text message, which was read into the record at the October 18 BOT meeting.
The truth is that Police Chief David Conklin moved to North Carolina in January! Since that time, he has been running the department via Zoom. This “arrangement” is in violation of NYS law. It also deprives the Village of an additional patrol officer. As a result, two of the three police cars now sit idle at the Main Gate. In addition, the prior administration has ordered a 4th police car. As we have one officer who must remain in the booth, there is only one officer available to patrol the Village. If we had an in-person Police Chief, he or she could be spending part of their working hours on patrol. I have already begun the process of remedying this situation by creating a search committee for a new Police Chief. I promise that the new Chief will live locally and be available to supervise his or her officers in-person, as well as to assist with patrol duties.
I also have a long list of important initiatives that we began to discuss at the October 18 BOT meeting. The meeting was very well attended. With more public comment on a broad range of topics, the meetings will run a bit longer and be a bit more vociferous, but I believe that it is worth it.
I also that believe we need to turn our Village elections over to the County Board of Elections. Aside from the fact that there is no charge, resulting in a savings to taxpayers of about $3,000 per year, it will allow the BOE professionals to offer voters the opportunity to cure certain defective absentee ballots in advance of the elections. While we value our autonomy, like the Villages of Woodbury and Chester, who utilize the BOE for their elections, if we transfer control, our Village Clerk will have more time in May and June to attend to her other important duties. For good measure, at the October 18 meeting, Elizabeth, our esteemed Village Clerk, endorsed the proposal.
At the October 18 meeting, I introduced the idea of landscaper licensing, as done in many other communities, to enforce issues relating to tree cutting, fertilizers and other rules to protect the land and the lakes.
I also provided a heads up regarding a potential change in NYS law which may be coming next year, which would prohibit the Board of Trustees from being the tax assessors for the Village. Village Counsel gave a short presentation on potential alternatives we will need to consider if this occurs.
Last, while it must be apparent to anyone watching the last three Board of Trustees meetings that there is no lack of hostility directed at me from several of the Trustees, I will continue my efforts to “work across the aisle” for the betterment of our community.
If you would like to hear more about my proposals, please watch the recorded BOT meetings and feel free to visit with me any Thursday evening from 6-7:30pm, at Village Hall.
All the best,
Marc
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Former Mayor Mcfadden Withdraws Right To Appeal His Case (Posted 10/3/23)
Open Letter To the Residents of Tuxedo Park
October 3, 2023
Dear Residents,
I wanted to update you on the recent developments regarding my case against the County Board of Elections. Last week, I withdrew my right to appeal to the State Appellate Court Second Department, the Orange County Supreme Court's ruling favoring Marc Citrin's Motion to dismiss my case.
My case had sought to ensure that the votes of village residents, including Michael Martin, Nicole Martin-Morris, Anne McCann, Meagan Ryan, James McLennan, Jacob Bruener, Jacob Shapiro, Chrissy Crawford, Enrique Corredor, Siobhan Hansen, Christopher Hansen, Edward Hargroves, Paola Tocci, Cole Tavani, Diana Wierbicki, Robert Lopez, and Caio Rudolfo (who recorded a video for the court attached)1, would be counted, potentially altering the outcome in my favor. Sadly, their votes will not count, and the race has been conceded.
While winning the lawsuit would benefit me directly, it was ultimately about the rights of every village voter. Specifically, it aimed to ensure that absentee voters had the same opportunity as those who voted in person to correct signatures that did not match. In our circumstances, this vital right was not extended to our absentee voters.
The reality is that pursuing an appeal presented less than a 50-50 chance of success, and the financial burden associated with it was something I could not bear. I had already invested $20,000 of my family's resources and an additional $5,000 contributed by a close friend.
During the first public meeting, Marc Citrin expressed interest in debating the possibility of shifting our village elections from the Village Clerk to the County Board of Elections. He cited the same reason I filed my case – the right for absentee voters to correct their ballots if signatures did not match. I want to learn more about it before turning our elections over to the County, but I was pleased to know that Marc agrees with me that aggrieved absentee voters deserve certain rights, albeit for future elections.
I am grateful for your understanding and support throughout this process.
Sincerely,
David McFadden
1 Caio Rudolfo is an outstanding young man and an asset to our community. He also served as a lifeguard this season at the Wee Wah Park & Beach Club and I hope he will be welcomed back by the current administration.
Click here to view the video
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Citrin Is Sworn In While McFadden Files Appeal (Posted 9/19/23)
Tuxedo Park Mayor Marc D. Citrin was officially sworn in on Monday, September 18, finally bringing closure to the June 2023 Village Election.
In a statement to the community, circulated on Sunday via email, he thanked out-going Mayor David McFadden for his service, noting that the time had come to move forward and further pledging to work hard to make the Village a place its’ residents would be proud to call home.
Message from incoming Mayor Marc D. Citrin:
Dear Friends and Neighbors,
Starting tomorrow, it is with humility and a sense of purpose that I will assume the role as your Mayor. I would like to thank Mayor David C. McFadden for his gracious concession and for his many years of service to the Village. I wish him success in all future endeavors.
It is now time to put the election behind us and get on with the business of governing. I pledged during the campaign to consider the views of all residents and I will keep that pledge. To those who supported me, I thank you for your trust. To those who did not support me, I will work hard to earn your trust and I will always strive to make our Village a place that we are proud to call home.
Respectfully,
Marc
Despite having conceded to Citrin in a community-wide email on Friday evening (see article beloDavid McFadden filed an appeal with the Supreme Court late Monday afternoon. That document can be viewed here.
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Judge Dismisses McFadden's Petition To Overturn Election Results - Marc D. Citrin is Tuxedo Park's New Mayor (Updated 9/19/23)
On Friday, September 15 Orange County Supreme Court Justice Maria Vazquez-Doles dismissed David McFadden's petition to overturn the Village election results.
Click here to view her decision and order At 10:45pm that evening, the following concession was circulated to Village Residents via Email:
An Important Community Update from Mayor Mac
Dear Friends and Neighbors,
Unfortunately, despite our unwavering dedication and tireless efforts, the judge presiding over our case has decided not to order the Board of Elections to count twenty valued community members absentee ballots. Those individuals include Chrissy Crawford, Juan Corredor, Nicholas Hansen, Siobahn Hansen, Gina Martin, Edward Hargroves, Diana Wiebicki, Robert Lopex, Caio Rudolfo, Cole Tavani, Paolla Tocci, Jadwiga Gorzynski, Ireneusz Gorzynski, Michael Martin, Nicole Martin Morris, Anne McCann, Megan Ryan, James McLennan, Jacob Bruner, and Jacob Shapiro.
In light of this outcome, and after having fought relentlessly on behalf of both me and the collective desire for your votes to be rightfully counted, I find it necessary to step down from my elected role as Mayor.
The judge ruled that my attorney missed the mandatory three-day window to petition the courts (my attorney pleaded for a ten-day window). It is indeed regrettable, as I believe I would have emerged victorious. However, I hold no ill will toward the courts or declared winner.
I am profoundly grateful for the privilege of serving you and the Village of Tuxedo Park during what has been nine truly exceptional years. Additionally, I would like to extend my sincere appreciation to the more than twenty-five trustees and numerous appointed board members with whom I have collaborated since my initial term in 2005.
Above all, I wish to express my heartfelt gratitude to the dedicated village employees who have worked tirelessly alongside me, particularly over the past six years.
Lastly, I would like to convey my appreciation to my family, Robin, Jake, and my late son Derek, for their unwavering patience and support during my service to our community.
I extend my best wishes to the incoming Mayor and hope for a prosperous and harmonious future for our beloved Village of Tuxedo Park.
Always yours,
Mayor Mac
P.S. I have attached the court's ruling as evidence that Mr. Guazzoni's claims are not part of the court ruling:
* Fraud charges asked to be referred to District Attorney
* Judge orders McFadden to personally pay Guazzoni's legal fees
* McFadden to be personally sued to reimburse Village for usurped Election Attorney ($200,000)
Mr Guazzoni’s claims as referenced by McFadden had also been circulated to residents via e-mail earlier that evening:
IT'S OVER !!!
MARC CITRIN DECLARED MAYOR
BREAKING NEWS:
Orange County Supreme Court proclaims
Marc Citrin mayor of Tuxedo Park
* McFadden appeals dismissed
* McFadden counter-claims thrown out
* Citrin ordered to be sworn-in ASAP
* Fraud charges asked to be referred to District Attorney
* Judge orders McFadden to personally pay Guazzoni's legal fees
* McFadden to be personally sued to reimburse Village for usurped Election Attorney ($200,000)
We shall be sending detailed update tomorrow morning.
and this was then refuted by McFadden via e-mail on September 19:
September 19, 2023
Dear Friends and Neighbors,
I trust all is well.
In his September 15, 2023 "Breaking News" email, Claudio Guazzoni de Ganett made false claims about me (again):
* Fraud charges asked to be referred to District Attorney
* Judge orders McFadden to personally pay Guazzoni's legal fees
* McFadden to be personally sued to reimburse Village for usurped Election Attorney ($200,000)
Let's clear our names:
In the Matter of Application of CLAUDIO GUAZZONI DE ZANETT, Petitioner,
-AGAINST-
THE VILLAGE OF TUXEDO PARK, ELIZABETH DOHERTY, Village Clerk AND Chief Village Election Official, DAVID C. MCFADDEN, MARK D.
CITRIN, JOSHUA S. SCHERER and PAUL A. BROOK
No ruling in favor of Guazzoni for any claims
- SUPREME COURT DISMISSES all claims and allegations of Claudio Guazzoni De Zanett (and Marc Citrin) in FINAL COURT DECISION AND ORDER
- SUPREME COURT finds NO FACTUAL SUPPORT FOR GUAZZONI’S characterization as Public Advocate of the Village of Tuxedo Park.
- SUPREME COURT ACKNOWLEDGES that no such position of Public Advocate of the Village of Tuxedo Park exists.
Concerning David McFadden:
COURT denied GUAZZONI petition against McFadden as:
- Lacking any specificity of the basic factual components of a fraud claim.
- Replete with vague innuendo and without facts.
- Bereft of the basic elements of a fraud claim. McFadden himself is not accused of misrepresenting any facts.
- Failing to demonstrate that McFadden had any knowledge of voter registration status.
- Guazzoni’s own “investigation report” confirmed that virtually every person who voted absentee owns property in the Village.
- Guazzoni’s fraud allegations as to the Village Clerk’s associated with McFadden fail because Guazzoni has not pled any actionable wrongdoing by McFadden.
- Guazzoni’s case against the Village and McFadden is dismissed as without merit and moot.
- McFadden considering seeking legal fees against Guazzoni and/or Citrin
- No factual support for the proposition that McFadden “Usurped” Village Election Attorney services and there is no ruling in favor of Guazzoni for any claims.
Concerning Elizabeth Doherty:
- All Election Fraud Charges Against Elizabeth Doherty are DISMISSED
Concerning Village Voters:
- All Election Fraud Charges Against Village Residents are DISMISSED
Thank you.
I have attached the court ruling for your review.
https://mcusercontent.com/bcef6fe82b/files/848f41cc-2c45-e4e8-4f47-0aea97a91b22/Court_Document.pdf
Sincerely,
David C. McFadden
P.S. I did not concede the election; I stepped down from my role as Mayor. |
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McFadden Sues Boards of Election, Village of Tuxedo Park and 7 Others Demanding 22 Disqualified Ballots be Cured (Posted 8/19/23)
Mayoral Candidate David McFadden filed suit on Friday against The Orange County Board of Elections, The New York State Board of Elections, The Village of Tuxedo Park, Marc D. Citric (as candidate for Mayor), Josh Scherer (as candidate for Trustee), Paul Brooke (as candidate for Trustee),Village Clerk Elizabeth Doherty and each of the three election inspectors responsible for canvassing ballots in the June 2023 Village Election. Siting NYS Election Law 9-209, McFadden alleges that the Board of Elections has an obligation to try and cure several of the ballots that were eliminated by inspectors. He has singled out 22 of the 35 disqualified ballots and through an Order to Show Cause is directing the Board of Elections to issue cure notices to these individuals.
A copy of the official Petition can be viewed hereA copy of the Order to Show Cause can be viewed here
On Saturday afternoon Village residents received the following email from Mayor-Elect Marc D. Citrin:
DAVID C. Mc FADDEN v. THE VILLAGE OF TUXEDO PARK , et.al.
Dear Friends and Neighbors,
I’m writing to provide you with an update on the most recent developments in this long-running Village election. In a last-minute effort to overturn the certified results of the 2023 Tuxedo Park Mayoral election, David C. McFadden hired the long-time Bronx County Democratic Party lawyer Stanley Schlein to file suit on Friday against a multitude of parties including the Orange County Board of Elections; the New York State Board of Elections; the Village of Tuxedo Park; Elizabeth Doherty, the Village Clerk; Village Trustees Joshua Scherer and Paul Brooke; the three individual election inspectors: Jean Haug, Kurt Haug and Christopher Moog and me.
By filing the lawsuit at the very end of the three day “window”, provided by the NYS Election Law, following the recount, McFadden is attempting to take advantage of the statutory “stay” which will allow him to remain in office indefinitely during the course of the litigation through any appellate review.
As so cogently explained by former Village Trustee Allen Barnett in his recently released “Letter to the Residents” that was published on TPFYI, a methodical process was utilized by the three election inspectors in tabulating the absentee ballots on August 10. The inspectors carefully examined each and every absentee ballot and determined that 35 of the 182 were defective, and in accordance with New York State Election law, would not be opened and counted.
McFadden is now challenging those rejected ballots, but in contrast to his “holier than thou” pronouncements about preserving democracy and protecting the franchise, he is only challenging the rejection of 22 absentee ballots that he claims were cast by “his voters”, while ignoring the voters he apparently does not consider “his own”.
As the Board of Elections certified winner of the twice tabulated vote count, by a margin of 201 to 195, I will challenge McFadden’s lawsuit as procedurally defective, substantively erroneous and without foundation in law and fact.
McFadden’s lawsuit will require the Village, Elizabeth Doherty, the two Boards of Elections and the three Elections inspectors to obtain counsel at taxpayer expense. This lawsuit is nothing more than an effort by McFadden to maintain his position as long as possible. Each month that McFadden clings to office, he receives his salary of $3000+ in taxpayer’s money that could have been used elsewhere for the benefit of all residents.
Now, the attorneys representing the Village can look forward to receiving additional taxpayer dollars from the Village treasury because McFadden won’t accept his defeat.
I will report back to you on any major developments in the litigation.
Regards,
Marc
Click here to view larger
and then on Monday, 8/21, McFadden's response:
August 21, 2023
Dear Friends and Neighbors,
My last election update to you was July 11, 2023, and I am sorry to disturb you. Marc's misleading email over the weekend requires a response.
OPEN LETTER TO OUR NEIGHBOR AND MAYORAL CANDIDATE MARC CITRIN
Marc,
Your public behavior toward me and treatment of the broader community do not reflect the dignified demeanor expected of a Tuxedo Park mayor and the park’s tradition as a bastion of civility. Throughout Tuxedo Park's history, various opinions have been held about past mayors, such as Kent Kroeber, Houston Stebbins, Lili Neuhauser, Tom Wilson, and Mary Jo Guinchard's terms, encompassing both negative and positive perspectives on their policies and personalities, including my own. However, should you be elected, you seem poised to stand out as the least experienced and most domineering mayor the office has ever seen. This is further exacerbated by your approach of suppressing the votes you've pledged to represent inclusively.
Your litigious tendencies, bullying tactics in the courtroom, and written communications provide ample evidence of your disposition. Your continuous denial of your significant ties to Claudio Guazzoni and Kathrine Norris is very concerning. You've uttered statements like "Claudio has no involvement in my campaign," even when faced with people's direct inquiries. I have spoken to a handful of your voters who have been turned off by your campaign's divisive rhetoric and expressed remorse over their votes. Your defeat would be decisive if the election took place tomorrow.
You've managed to alienate a substantial portion of the sitting trustees, not to mention over half of Tuxedo Park's population. Your aspirations to be the "Mayor for All" ring hollow, and if you were to assume office, your tenure would likely be marked by inefficacy and brevity as you have already shown what type of mayor you will be. You have already filed multiple lawsuits against the village and the candidates, disenfranchised your voters, and have cost the village an exorbitant amount of money. This is a disheartening reality confronting us as residents, however undeniable it may be. Your decision to halt our ongoing election has incurred costs surpassing $200,000 for the village taxpayers. Because of this, it is perplexing that you would trivialize my $3,000 monthly stipend in your letter, which I diligently earn as I continue to serve this village selflessly.
When you perceived that my absentee voters might threaten your electoral success, you resorted to various tactics, including multiple lawsuits and even employing a private investigator to hinder the voting process. Your awareness that counting the outstanding absentee ballots could actually lead to my victory makes you very critical of court actions. This is a contradictory stance on your part. Presently, existing election laws uphold the rights of aggrieved voters, affording them the opportunity to ensure their votes are duly counted. The "process" employed in this case was marked by subjectivity and randomness, leading to errors that demand rectification within the judicial system.
Specifically:
- The inspectors rejected a community member because she was not on the registered voter's list. The following document confirms the voter is registered, and the list of inspectors used to evaluate the absentee ballots was inaccurate.
 - Click here to view larger
- The inspectors rejected another community member because he was not on the registered voter's list. Yet this resident has a track record of over 30 years of voting in person and by absentee. Are we to believe he voted illegally for 30 years or that, like the resident above, the inspectors made a mistake in rejecting his vote?
- An additional two community members, a husband, and wife, were rejected because the inspectors could not find their signature among the papers they had with them. We located their signatures soon after the count at the Board of Elections and will ask the court to count their votes rightfully and legally.
- For the first time, a voter with a spotless 35-year voting record in our community suddenly faces a "signature mismatch." She's given immeasurable time to Tuxedo Park, and to think her vote hangs in the balance is grievous. The inspectors rejected her signature, and the courts will reverse her rejection.
- A first-time voter was rejected because his current signature did not match the signature on file from his driver's license when he was 16 years old. Why do you want to disenfranchise a first-time voter because his signature has changed since he got his learner's permit?
The inspectors also rejected multiple community members for a signature that did not match their outdated records. The courts will give them the voice they did not have during the count.
During the in-person voting on the 20th, the inspectors allowed voters to "sign again" when their signatures did not match. After looking at the style of signature the electors had on file, they signed to match and were allowed to cast their vote. Absentee ballot voters are not an inferior class of voters and must be given the same opportunity to correct their signatures.
These are just a handful of examples. I'd encourage our residents to delve into the narratives of the aggrieved voters and argue that their votes should not count. Their stories and their voices deserve acknowledgment. Their pleas are accessible from the link below and will be updated as the case progresses.
Court Filling
That said, to a person, these aggrieved voters deserve to have the courts intervene and have asked me to move forward and not give up the fight. We have the law and the facts on our side. Remember, Marc, you were in the room with me when the inspectors discussed that the 35 disputed absentee ballots would be marked for potential review by the Orange County Board of Electors. Residents were denied their voice over minor technicalities or ambiguous statute interpretations. Our election is riddled with mistakes made during the counts and must be corrected.
Regarding referring to yourself as the mayor-elect in your Subject line, there is little I can say except that the sealed certificate you attached to your email to back up your claim serves as an embarrassment rather than a point of pride. After the recanvas in Goshen, you aggressively forced Elizabeth to swear you in, with her expressing feelings of "felt pressured" by you and stating your swearing-in was null and void.
Click here to view larger
Within 24 hours of your staged and premature swearing-in, the courts citing the legal 3-day stay, confirmed you are not, in fact, the "Mayor-elect." I wouldn't flaunt such a document around our village. As the self-proclaimed mayor, your similarities to the self-proclaimed "Public Advocate" become increasingly evident.
To put it mildly, your attempts to force yourself into the mayor's seat at the voters' expense have stained our village's tranquility. Led by you and the so-called "Public Advocate," your inner circle has disrupted our community's harmony with blatant gaslighting, deliberate deceit, and aggressive political posturing. You have fractured the peace and disenfranchised many of our fellow residents while raising exorbitant expenses for Tuxedo Park taxpayers to roughly $200,000. You and your inner circle's actions have degraded what should have been a cordial democratic process into a tangle of lawsuits, bitterness, and hate. Your actions have cast a long and unsettling shadow over the very essence of Tuxedo Park. A village built on trust, community spirit, and shared values deserves better than the division and turmoil you've instigated.
Sincerely,
Mayor McFadden
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Stay Nullifies Citrin's Oath of Office - Mcfadden Remains Mayor For Now (Posted 8/16/23)
Village residents recevied the following email communication on August 16 at 9:25am:
Election Update: Interesting Development
From: Elizabeth Doherty
Sent: Wednesday, August 16, 2023, 8:27 AM
To: Marc Citrin Email
Subject: Oath of Office
Dear Mr. Citrin:
I felt pressured to swear you in as mayor yesterday at the Board of Elections office in Goshen. Given that we are in the middle of a contested election I should have consulted with the village lawyers first. I know that you are a lawyer yourself, and I would not have expected you to ask that I do something which violated the law. I did not know better and had not spoken with the village lawyers.
I have since spoken with the village lawyers, who have advised me that there is a stay in place, preventing me from taking any acts with regard to the election for at least three days after the re-canvass is concluded. For your reference, I am told that the law imposing the stay can be found at election law section 15–126.
Accordingly, any oath I administered is void, and I cannot accept any filings with regard to the outcome of the June 20 mayoral election. As a result, I understand that Mayor McFadden continues to legally serve as the mayor of the Village of Tuxedo Park pending the expiration of the above stay.
Please direct any further correspondence on this topic to the village attorney.
Thank you.
Elizabeth
Elizabeth Doherty | Village Clerk-Treasurer | Village of Tuxedo Park
80 Lorillard Road, Tuxedo Park, NY 10987
Ph: (845) 351-4745 Opt 1; Fax: (845) 351-2668
Stay tuned to TPFYI for the latest information as the situation unfolds.
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Citrin Sworn in as Mayor Following Re-canvass While McFadden Vows Court Action (Posted 8/15/23)
Following a re-canvassing of the of votes at the Board of Elections in Goshem on August 15, the count remained unchanged (Citrin 201/McFadden 195) and candidate Marc D. Citrin was sworn in as Mayor of Tuxedo Park. Not longer afterwards, McFadeen cirulated an email to Village resident in which he refered to Citrin's victory as a "temporary development" and announced that he would be filing court documents immediately.
Election Update
Dear Esteemed Friends and Neighbors,
I trust this message finds you well. I've just returned from a diligent review of the votes at the Board of Elections in Goshen, and I wanted to share an update with you all.
After a meticulous re-canvassing of the votes, encompassing both in-person ballots and previously examined absentee ballots, I regret to inform my supporters that the results remain unchanged from last week. It's worth noting that there are still 35 absentee ballots that have yet to be opened, and each of these ballots represents an individual voice, a resident of our beloved Tuxedo Park. I am committed to advocating on your behalf, fighting to ensure that every voice is heard and every vote is rightfully counted.
It is undeniable that this situation warrants legal intervention. However, the approach I am taking stands in stark contrast to that of my opponent. While they have employed legal tactics to hinder the democratic process, I am steadfastly dedicated to using the legal system as a means to protect and include those who might otherwise be marginalized. My goal is not to obstruct, but to empower and I will not rest until the rights of each and every disenfranchised voter are upheld.
Today's outcome has seen Marc Citrin sworn in as Mayor, and I acknowledge this temporary development. However, I want to assure you that my commitment to our community remains unwavering. In direct response, I will be submitting court documents immediately to express my dissent and to advocate for fairness, transparency, and the integrity of our democratic values - and the inclusion of the 35 disenfranchised residents.
Thank you for your ongoing support, and I look forward to standing together in the pursuit of justice and equitable representation.
With sincere determination,
Mac
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Preliminary Results of Village General Election Canvass (Updated 8/11/23)
*Mayor
Marc D. Citrin - 201
David McFadden - 195
*Trustee
Josh Scherer - 272
Paul Brooke - 228
Write-Ins for Trustee:
Marc D. Citrin - 11
Michele Lindsay - 5
John Moon - 1
Michael Coleman - 1
Kanye West - 1
35 ballots were rejected by the election inspectors for various reasons some of which included: lack of registration, lack of signature, no signature on file with the County and signatures that did not match.
Here is a breakdown of the rejected ballots as noted at the time of the count:
16 ballots contained signatures that did not match the signatures on file with the Board of Elections
13 ballots were submitted by individuals who were not registered to vote in Tuxedo Park
2 ballots were unsigned by the voters
2 individuals voted both by ballot AND at the machine on Election Day
2 ballots were cast by voters for which the Board of Election did not have a signature on file to compare with
Here is the official communication from The Village:
Dear Esteemed Friends and Neighbors,
I trust this message finds you well. It is with a sense of duty and commitment to our community that I share some recent developments. Yesterday marked a significant turn of events as the Appellate Division, 2nd Department, rendered a unanimous 4 to 0 decision to remove the Temporary Restraining Order (TRO) previously granted to Claudio Guazzoni and joined by Marc Citrin. Initially issued by a lower court judge in the Orange County Supreme Court, this TRO had stood as the sole impediment to counting votes from the election held on June 20th, 2023.
Considering this decision, beginning at 3:00 pm today, the election proceeded as it would have on election day had it not been stopped and as if the legal disputes brought forth by Claudio and Marc had never come into play.
The combined tally of mayoral in-person and absentee ballots has been calculated, revealing the following results: McFadden – 195 and Citrin – 201. Additionally, there are 35 absentee ballots that the election inspectors did not accept for various reasons.
Given that the margin between the two candidates remains within the realm of statistical uncertainty, we find ourselves at a pivotal juncture. We have decided to act in our continued pursuit of a fair and accurate representation of the voters' intentions. Tomorrow, we will formally request a re-canvas from the Board of Elections. Our objective in doing so is to ensure that every eligible vote is meticulously considered, hoping to include those 35 absentee votes that were not initially counted.
We remain committed to upholding transparency and integrity throughout this process, working diligently to ensure that each voice in our community is heard and acknowledged.
Thank you for your ongoing support and engagement. Your involvement is a testament to the strength and vitality of our community. We will continue to keep you updated as further developments arise.
Best wishes,
David McFadden
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Village to Count Uncontested Ballots in General Election Canvass Thursday, August 10 @ 3pm
(Posted 8/10/23)
As per a postng to the Village website on Thursday, August 10, a General Election Canvass will take place on this date at 3pm in the Village Office. Stay tuned to TPFYI.COM for full results.
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Village Attorney Brian Nugent Resigns (Posted 7/24/23)
TPfyi has confirmed that Village Attorney Brian Nugent has resigned his position with the Village effective July 31, 2023. According to the Village Office the resignation was communicated verbally and there is no Letter of Resignation at this time. When and if such a letter is submitted, we will FOIL it and publish it here.
Attorney for the B.A.R., Steven Honan, who is also from Feerick, Nugent, MacCartney, PLLC will retain his position with that d.
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Absentee Ballots to Remain Uncounted Following Day In Court
(Updated 7.22.23)
A brief summary of the outcome of the July 19 Court Hearing:
The Judge will permit Mr. Guazzoni to file a request to add fraud to the allegations against Mayor McFadden. All parties have until September 30 to submit briefingswhich address the following question/issue:
“Can a Request for an Absentee Ballot and receipt of the ballot by an unregistered voter, who certified under oath that they were registered, be “cured” if the voter registers within 10 days of the election or does that absentee ballot remain invalid, unopened and not counted.”
There will be no substantial movement until the September 30 date and the Judge will not rule until October at the earliest.
In the meantime, none of the absentee ballots will be tallied.
As per a resolution passed at the July 6 Special Board of Trustees meeting, Mayor McFadden will hold-over as Mayor until successor candidates are chosen and qualified.
In an open letter to the community this afternoon, Candidate Marc Citrin stated the following:
Dear Friends and Neighbors,
I am writing to you to report the disappointing outcome of today’s court proceedings, which will likely delay the final results of the mayoral election until October, at the earliest. Today I implored the Court to expedite proceedings for the benefit of the Village. Unfortunately, none of the attorneys or the Mayor stood up to join me in this request.
It has been my position since Election Day that all of the approximately 150 uncontested absentee ballots should be opened and tabulated immediately, leaving the approximately 30 contested unopened until the issue of their validity is determined by the Court and the Orange County Board of Elections. If the vote difference between the candidates after tabulating the machine votes and the uncontested absentee ballots is greater than the number of the contested absentee ballots, the issue of their validity would be moot. Today in Court, the attorneys for Petitioner Claudio Guazzoni and the attorneys for the Village, the Village Clerk, Trustees Brooke and Scherer together with me and Mayor McFadden as self- represented Respondents, spent well over an hour in a “closed” courtroom settlement conference before the judge without reaching an agreement on any of the issues.
At the conclusion of the settlement conference, the judge ordered the attorneys to prepare and submit legal briefs on what I consider to be the seminal issue in the case:
“Can a Request for an Absentee Ballot and receipt of the ballot by an unregistered voter, who certified under oath that they were registered, be “cured” if the voter registers within 10 days of the election or does that absentee ballot remain invalid, unopened and not counted.”
It appeared that the judge was prepared to require submission of all legal briefs on this specific issue by the end of August, which might have resulted in a decision in early September. However, the attorneys for the Petitioner requested the Court’s leave to file a Motion to Add Additional Claims to the Petition. Based upon that request, and the need for the Court to consider the Motion, the judge extended the time to file the legal briefs on the question of the absentee ballots to the end of September. Thus a decision by the judge will not come until October.
On a personal note, I have received multiple blast e-mails from Mr. Christopher Conrad Hansen, a former Village trustee and close personal friend of Mayor McFadden that accuses me of “pulling” ballots of his friends and family. In Court today, Mr. Christopher Conrad Hansen spoke with the judge and complained about ballots being “pulled”. The judge explained firmly to Mr. Christopher Conrad Hansen that no one was “pulling” the ballots of his friends and family. Mr. Christopher Conrad Hansen left the courtroom quite chastened.
I had hoped that with today’s Court appearance, we would have moved closer to determining the next Mayor of Tuxedo Park. Now, regretfully, I must report that did not happen.
I will report to you further on any future developments. Marc
This email from Village resident Sean Madden was circulated on the evening of July 19:
Claudio Is a Fraud. Citrin, What Say You?
Dear Neighbors,
I have been reluctant to provide any oxygen to the shameful election
antics perpetrated by Public Gaslighter Claudio Guazzoni; however,
Claudio’s disgraceful defamation and harassment of a community
stalwart demands a forceful rebuke. We can take the high road and
ignore Claudio’s increasingly bonkers emails, but when his toxic words
actualize in shockingly aggressive actions against the most generous
pillars of our community, then we all must call him out and demand he
stand down.
The Upshot: Claudio has falsely and maliciously accused our friend and
neighbor Denise Tavani of illegality related to the recent election. I
hesitate to dignify Claudio’s outrageous smears with unnecessary
detail, but his gratuitously nasty accusations deserve your
opprobrium. For starters, Guazzoni’s shambolic lawsuit employs what
must be the dumbest 9-word “defined term” (typically used as an
abbreviation!) to pollute a pleading, describing Denise as:
“[McFadden’s] long time and intimate campaign worker and agent". Not
“Ms. Tavani”; nor simply “Tavani”, but “his long time and intimate
campaign worker and agent”. Consider what kind of noxious person goes
out of his way to do such a thing? Claudio continues, accusing Denise
of being a “campaign operative” who “engaged in a ’no holds barred’
scheme to rig the outcome of the 2023 Village Election in Tuxedo Park”
and “engaging in an illegal ballot harvesting enterprise”. These are
outrageous, mean-spirited lies.
As if such over-the-top accusations weren’t enough, an unannounced
stranger appeared on the Tavanis’ doorstep yesterday afternoon and
shoved legal papers at Denise’s husband Phil, purporting to serve
Denise (who was not at home) with a subpoena to appear in Claudio’s
lawsuit hearing the very next morning. So neighborly! Perhaps I’m
old-fashioned, but I thought it was virtuous community-building to
assist in getting out the vote, but apparently Claudio believes people
like Denise who work to facilitate voting in their communities should
be harassed if they appear to be working for the “wrong” candidate.
What say you candidate Citrin? How can you condone such nastiness in
our otherwise idyllic community?
Denise Tavani is literally the first person Anne and I can remember
meeting in Tuxedo Park in 2005, and we are blessed to count her as a
dear friend. She and Phil have done almost everything one can do to
support Tuxedo Park since settling here over 25 years ago: they raised
their children here; served as trustee, class parent, volunteer and
every other role at TPS; served on the Vestry at St. Mary’s; served as
a governor and committee member at The Tuxedo Club; and Denise is
currently spearheading the beautification efforts of Wee Wah Park.
Denise is widely known and admired among our community for her
generosity and warmth. She and Phil have helped establish Tuxedo Park
as the special place it is today, with one kindness and community
service after another—for a quarter century! And in sharp contrast to
Claudio’s narcissism, they have done so with quiet dignity and grace,
preferring to let their actions speak for them.
Candidate Citrin, why do you stand by in silent complicity as your
compatriot Claudio demeans our longtime friend, neighbor and community
stalwart? Why do you stand by silently while Guazzoni does your dirty
work? Why haven’t you explained your apparent cooperation and
alignment with Guazzoni nor addressed the questions raised by a
neighbor’s revelation (and your concealment) of such confederation?
It is long past time for Tuxedo Park to see Claudio Guazzoni for what
he is: a fraud; an inveterate liar, indeed a perjurer; a serial
violator of New York law; and a cancer on our community. We as a
community can no longer stand for his toxic fulminations and
despicable character attacks.
Claudio has been gaslighting our community for years through his
self-proclaimed "Office of the Public Advocate”. To be clear, there
is no Office, and there is no Public Advocate, but rather an officious
narcissist with a demonstrated track record of divisiveness and
destruction of taxpayer resources. Despite the fine print at the end
of his self-important emails, it is of course foreseeable that readers
could be confused by his self-bestowing of the Public Advocate title
because many jurisdictions, including New York City, do in fact have
an elected or appointed Office of the Public Advocate. Consider for a
moment whether you or anyone close to you would communicate broadly
with their neighbors employing a fictitious, self-aggrandizing title?
Creepy, right? The French have a fancy term for this: poseur; but I
prefer the plain English: fraud.
Like many an experienced gaslighter, when called out for his
invocation of a false and misleading nom de guerre, Claudio brazenly
doubles down, comparing himself to Martin Luther King and his
make-believe “Office of the Public Advocate” to the NAACP—comparisons
that insult our intelligence and demean the legacy of a bona fide
American hero and martyr. How dare Claudio—from his house on high and
his position of privilege—count himself among the truly oppressed in
history who struggled, fought and died in the quest for basic human
and civil rights? Claudio’s haughty invocation of historical figures
(Pericles, really?) merely belies his profound ignorance of history
(and his unwavering arrogance and self-importance).
In addition to being a malign and destructive force in our wonderful
community, Claudio has inflicted substantial damage on taxpayers. By
my rough estimate, Claudio may cumulatively cost Village taxpayers
over $200,000 from his previous misconduct and current misguided
election litigation, which appears as though it could drag on for
months. Below and in the attached, I document in considerable detail
behavior from Claudio that establishes his duplicity, disrespect for
the law (including perjury), and destructive cost to taxpayers, all of
which demonstrate a lack of character and integrity. Claudio and his
views simply are not worthy of your time or consideration. In fact,
just as in the iconic Seinfeld episode The Opposite (when George, at
Jerry’s suggestion, achieves success by doing the opposite of his
instincts), I invite you to adopt whatever is the opposite of
Claudio’s position given his track record of deceit and misdirection.
Why does candidate Citrin stand with charlatan Claudio? Why has
candidate Citrin not publicly denounced and disavowed Claudio’s
shameful litigation designed to disenfranchise our neighbors? If you
are the company you keep, then candidate Citrin owes us an explanation
of his relationship with a community scourge like Claudio. What say
you Citrin?
Claudio’s Dereliction of Duty, Violations of Law, and Perjury
My wife Anne and I have lived in Tuxedo Park since 2005, but my first
foray into local politics came in 2017 after I experienced firsthand
the divisive and incompetent leadership of then-trustee and deputy
mayor Guazzoni, who was bounced from office in 2017 after one
disastrous term. I discovered and documented troubling governance
abuses perpetrated by the former mayor and Guazzoni, including serial
violations of New York’s Open Meetings Law as confirmed by an advisory
opinion issued by the independent Committee On Open Government. I will
spare you the gory details (which are available upon request), but
suffice to say that I was determined to oppose Guazzoni’s reelection
effort and to communicate my concerns about him (and the former mayor)
with the community. (Longtime residents will recall the tumult in
Village governance during this period.)
Long before the 2017 Village election, I filed a FOIL request for all
the resident email addresses in the Village’s records, including those
that trustees used to communicate official business with the
community. It is important to note that, at the time, the Village
permitted Village trustees to use personal email accounts to conduct
official business. This practice—which Mayor Mac terminated in favor
of public, “.gov” emails for the conduct of Village business—left the
Village vulnerable to unscrupulous officials like Guazzoni who refused
to share their official Village records, including email records, with
the Village Records Access Officer, as required by New York law. Sure
enough, Guazzoni was almost wholly uncooperative despite repeated
requests and demands from the Village Records Access Officer and
Village Attorney. I ultimately filed an Article 78 proceeding under
FOIL to compel Guazzoni’s production of Village records in his
exclusive possession and control and to vindicate the public interest.
I contemporaneously offered to settle the litigation and explained my
desire to vindicate the public interest in an open letter to the
community on June 12, 2017 (also available upon request).
The attached provides more detail for those interested, but the bottom
line is that a New York court found that the Village had violated FOIL
because of former trustee Guazzoni’s obstruction (and through no fault
of Village officials trying to comply with the law but who did not
have access to Guazzoni’s emails). Through the course of these events,
Guazzoni lied to the Village Records Access Officer; lied to the
Village Attorney, and ultimately lied to the court in a filing made
under penalty of perjury. He thereby violated both his oath of office
and several provisions of New York law and also committed perjury. To
this day, Claudio has never produced the email distribution list that
was the subject of his perjurious affidavit. In light of his
obstructive behavior, Claudio’s recent paeans to transparency can be
appreciated for what they are: rank hypocrisy. Public Gaslighter
indeed.
After the state court had ruled in my favor in the FOIL litigation, I
settled the matter on favorable terms to the Village; I have attached
hereto the Settlement Agreement, which summarizes the case in plain
English. After formally approving the settlement, the Village Board of
Trustees, at a public meeting on December 21, 2022, unanimously
adopted the following Resolution of Censure:
"The Village of Tuxedo Park Board of Trustees hereby censures the
conduct of former trustee Claudio Guazzoni as an elected Village
Trustee in 2017 that led to the Village’s violations of New York’s
Freedom of Information Law (FOIL), as recently determined by a state
court. In addition, former Trustee Guazzoni, in such capacity, failed
to turn over all Village records in his possession related to his
duties as a Village Trustee. By not providing the level of cooperation
and candor required of him as a Village official under New York law,
former Trustee Guazzoni caused the Village to be unable to comply with
FOIL requirements which resulted in an adverse court decision against
the Village. Consequently, Village taxpayers incurred significant
costs in this matter. The Board of Trustees hereby calls on former
Trustee Guazzoni to recognize the impact of his actions and requests
that he makes a significant donation to the Village for the purposes
of beautification efforts undertaken by the Board of Trustees."
I hope these details and those provided in the attached documents
establish the context for you to conclude, as have I and many others
who care about our community, that Public Gaslighter Claudio Guazzoni
is unworthy of your time, attention or consideration. Why candidate
Citrin stands by in silent complicity with Claudio only he can answer.
Sean P. Madden
VOTP LTR 10-17-22, Madden VOTP Settlement, Who Is Claudio?
On Friday, July 21 the following email was sent to the community from self-proclaimed Public Advoate Claudio Guazzoni:
DEMOCRACY AT WORK
Day = T+31
We are Still Fighting
for a Clean Election
Democracy protected by the Court
Democracy for the Village of Tuxedo Park was upheld by the Supreme Court.
Wednesday morning, your Public Advocate appeared before the Supreme Court with his attourneys.
The Court seems to have grasped the issues, and seems to have recognised that our Proceeding, which is brought on by an individual voter, is in reality on behalf of the Community, and, under the recently amended law, is the only way to prevent errors in the Election Process such as allowing illegal votes into the canvass and counting of the votes of this Village.
We have been given a briefing schedule and a filing schedule for papers to ensure that only legal ballots are included in the count of votes in this election.
Instead of arguing the merits of the case to count the Ballots, McFadden's lawyers spent the first few hours arguing that we did not have “standing” to bring on a case regarding Administrative errors in our Village, that we were "self-appointed," and finally that our opinion and damage to the citizens of Tuxedo Park was not important enough to have a case heard by The Supreme Court.
After hearing both sides, the Judge ruled in our favour and let it be known that “any Voter, no matter how small, has a right to be heard in Court.”
Furthermore, the Court spent the next 90 minutes ruling in our favour on the remaining 3 issues... all-in-all, not a bad day...!
__________________
“Correct the Errors” vs “Let's Count Illegal Ballots”
We appeared in Court Wednesday morning ready to come to an Agreement and sign a Stipulation with the attourneys controlled by McFadden.
We were ready to count all legally issued ballots that were returnable on or before 9pm June 20th 2023, at the Court hearing that was scheduled for July 24th, as was in everyone's plans.
The focus of this case is the Village Clerk issue Absentee Ballots to people who were not even registered to vote, which is a violation of the law. That error must be corrected.
The Residents of Tuxedo Park, as legal voters, must be protected, and their vote not diluted.
McFadden seems to well-understand that the only way for him to stay in power is to have the fraudulent ballots counted as well.
He also realised that by stalling and delaying the canvass of the votes he benefits, by staying in power as a Holdover-Mayor.
McFadden has already used our tax dollars to pay his high-priced out-of-town lawyers to accomplish this.
As he is currently a Holdover-Mayor, another way for him to stay in power is to stall, and push the counting of Absentee Ballots as far into the future as possible... maybe even into September.
With this agenda in mind, an agreement to canvass the properly issued and returned Absentee Ballots was, needless to say, not reached.
[to canvas = manually inspect and verify legally cast Absentee Ballots, before adding their count to the machine vote count]
McFadden and his Village puppets would not even agree to produce a list of the improperly issued ballots for the Court to narrow down the issues, so as to quickly finalise the Election results, and save tax dollars.
The high-priced Village Lawyers are paid for by our tax money... but, whom are the Village Lawyers really working for... you or McFadden...?
Why has McFadden been allowed to hijack the Village Lawyers to defend and promote his own private Candidacy for Mayor...?
__________________
Judge’s advice for first time voters
The Judge had some good advice for first time voters.
When a Low-information Voter suddenly appeared and was asked by the Judge why he was present in the Courtroom, the person became belligerent and yelled out that his son was "born in the Park" and because of that honour, his son was somehow special and could use his Privilege to skirt the rules.
The Judge calmly looked at the Low-information Voter and informed him that “it doesn’t matter if you are 18 or 80 years old,” that everybody follows the same rules... first you Register, then you Vote... not the other way around...!
The Court assured everyone that no one's vote has been discarded or "pulled."
And with that, the Low-information Voter was asked to leave the Courtroom.
Responsible parents of first-time Voters should ensure that your child is not coerced into committing Perjury by aggressive Vote Harvesters who force your child to swear that they are fully registered when obtaining an Absentee Ballot, when, in fact, they're not.
Please keep in mind that Vote Harvesters care only about their Candidate's numbers, and not about your child's Perjury.
Let's remember that a Responsible Parent does not allow their child to drive a car just because they turned 17yo... a Responsible Parent would ensure that the child first had the proper training, applied and received a valid Driver's License, and finally that the car was actually registered and properly insured.
__________________
The crux of our filings
ILLEGAL BALLOT HARVESTING BY MCFADDEN & OTHERS
[from our Supreme Court Filing]
59. We note here that the act of false voting is a violation of §17-132 of the Election Law. It is classified as a felony.
Similarly, procurement of, aiding or assisting in illegal voting is a felony under §17-134 of the Election Law. (emphasis ours)
73. The ultimate goal advanced by these Respondents is to put these illegal votes into the canvass process, have them counted and secure an electoral victory for McFadden.
The facts are undeniable – virtually every absentee ballot illegally obtained has the taint of the incumbent Mayor and his accomplice on it.
Coincidence… or concerted effort…?
The current rules of the Orange County Board of Elections require that no one person be allowed more than 10 Absentee Ballots on behalf of others. This rule was implemented by The Board of Elections in all 62 NYS Counties as a measure to help prevent Fraud.
Of the 196 Absentee Ballots issued by Village Hall, David McFadden was personally responsible for harvesting 51, of which at least 23 were found to be problematic, or 45%.
Of the 196 Absentee Ballots issued by Village Hall, [McFadden’s accomplice, name redacted] was responsible for harvesting 33, of which some 8 are found to be problematic, or 24%.
Both McFadden and his Accomplice exceeded, by a large amount, the per-person legal limit of 10 Absentee Ballots Harvested.
Out of the problematic 45 Absentee Ballots, 31 of them were personally procured by McFadden and/or his Accomplice, or 69%.
We asked the Judge permission to expand our lawsuit to include specifics of the recently uncovered practice of procuring, aiding, or assisting in illegal voting.
The Judge could have easily denied permission, however, without hesitation, the Judge is allowing us to include and expand the Fraud case against McFadden and his Accomplice.
__________________
What could be wrong… types of Fraud
Of the some 40 wrongfully issued Absentee Ballots that we deem fraudulent, certain ones are more egregious than others.
Not from Tuxedo Park: There were more than a dozen ballots given to folks that are not even registered in Tuxedo Park… one would be voter lives in the Woodlands, while another handful claims Tax Exile status in other states like Florida, Nevada, and Tennessee… why would anyone ever endanger their Tax Status by voting in a NYS election, anyway…?
Ballots still at large: Another handful of Absentee Ballots were given to folks, who plainly never returned the ballots to Village Hall. The deadline was 9pm, June 20th 2023, with the Absentee Ballot in Village Hall. We remain vigilant in preventing anyone from slipping late ballots into the canvas. So, there are a number of ballots floating around out there, waiting to make their way, at the proper moment, into the safe in Village Hall which houses all of the Absentee Ballots… our job is to identify such ballots and prevent such additional ballots from suddenly appearing and being canvassed and counted.
Not registered: A number of persons not registered at the time they applied for an Absentee Ballot were given ballots in error by the Village Clerk. They swore (falsely) that they were registered to vote. In an effort, as part of an organised scheme by McFadden and his Accomplice, these persons subsequently and coincidentally registered all on the same day, which renders the ballot illegal. This post-registration does not cure the error of the Village Clerk, nor does it render the Absentee Ballot issued prior to registration valid.
Voted twice: And the last challenge for us was to identify the handful of folks who voted twice, all of the folks that previously had filled-in a valid Absentee Ballot, and additionally voted in person on Election Day. Of all the folks that voted twice, all but one have honourably identified themselves to the Election Inspectors and had their Absentee Ballot annulled, so as to not double-count their vote.
All but one… and yes, we just identified the young scoundrel who thought he could pull a fast-one... and he almost got away with it…!
__________________
Status of current Absentee Ballots
142 to 109 = the machine vote on Election Day (Citrin over McFadden).
196 = the astounding number of Absentee Ballots created by Village Hall during the 3 week period prior to Election Day... the great majority were valid... however, some were not legally issued.
45 = number of Absentee Ballots created in a problematic manner, or not returned.
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__________________
Our Position
It is not too late for common sense to prevail, and for the reputations of our Village and our Village Officials to be redeemed.
We stand ready to allow the Village to correct any error or omission, as shown by Section (5) of our proposed stipulation to the Village Attourney (reprinted below). The verbiage is straight out of NY State Election Law.
- Section 5. The parties stipulate and agree that any error or omission by the Village Clerk shall be corrected and resolved by excluding from the canvass the ballot(s) of any person who is determined to have NOT been registered to vote at the time they made their application for an absentee ballot.
It is our fervent desire and the overriding sentiment of every person we have spoken with, that this election be concluded and the race be decided no matter who ultimately prevails.
This is our position and has been from the beginning, regardless of the noise or whispers that have been cast our way by a very few disgruntled and ill-informed individuals, or, more recently, by a few helpless moon-howlers.
Therefore, we again call upon the Mayor and the Village to chart a course that will allow us to move forward together putting the campaign behind us and get on with the business of government.
Village of Tuxedo Park Residents deserve nothing less.
Mayor McFadden, allow the Village Clerk to correct her errors, so that all legally cast ballots can be counted...!
We shall be sending additional updates as soon as we have new information.
Your humble servant,
Claudio Guazzoni de Zanett
Office of the Public Advocate (NGO)
Village of Tuxedo Park |
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and then on Saturday, July 22:
BREAKING NEWS:
VILLAGE ATTORNEY
UNEXPECTEDLY RESIGNS
Brian Nugent Abruptly Steps-down from All Village Duties
In a surprising development, the Village attorney who was overseeing the neutrality of election process suddenly resigned from all of his Village duties.
According to sources, long-time Village Attorney Brian D. Nugent, abruptly stepped down from all of his personal Village functions, following what sources described as a “blow-up with Mayor McFadden.”
We shall be inquiring from our sources in Nyack, NY, where Feerick, Nugent, MacCartney, PLLC are based, as to the reasons for the abrupt resignation.
This unexpected resignation has left many Village Residents wondering about the independence of the Village Election, and has raised further questions about the ongoing situation.
We shall be sending additional updates as soon as we have new information.
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Your humble servant,
Claudio Guazzoni de Zanett
Office of the Public Advocate (NGO)
Village of Tuxedo Park |
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Stay tuned to TPFYI for more information as it becomes available in the coming days.
back to top
Election Update (Posted 7/17/23) (Updated 7/19/23)
It’s been 4 weeks since the election and Tuxedo Park residents still do not know who their next Mayor will be. 181 absentee ballots remain uncounted as the result of a lawsuit brought against the Village by Claudio Guazzoni back on June 20. 30 of the ballots have been flagged and legally challenged/contested by Guazzoni for various reasons. Both parties attest that they would like to see the other 151 ballots counted, while simultaneously alleging that the other is preventing the count. A court date was originally scheduled for Monday, July 24 but on Monday, July 17 that date was bumped up and both parties will now appear before a judge in Goshen on Wednesday, July 19 at 9:30am. TPFYI will report on the proceedings.
In the meantime, community-wide emails continued to flow over the past couple of days. Several of these were directed at candidate Marc D. Citrin from voters whose ballots have been formally challenged. Another other came from the self-proclaimed Public Advocate, Mr. Guazzoni and then one from Mr. Citrin.
Subject: You pulled my son's vote
?
Dear Mr. Citrin,
One of the votes you want to throw out was cast by my son.
My son was born in Tuxedo Park.
He has lived his entire life in Tuxedo Park.
He was educated in Tuxedo Park.
He turned 18 and registered to vote with New York State, as per the law.
He requested an absentee ballot because he was going to be out of the country on election day, as per the law.
This was his first vote.
You pulled his vote.
You know I served as a Trustee with David McFadden. Is that why you don't want to count my son's vote?
Sincerely,
Christopher C. Hansen
bcc: Tuxedo Park community
Subject: Pulled votes two
?
Dear Mr. Citrin,
I have owned a home in Tuxedo Park for 30 years.
I have been registered to vote in Tuxedo Park for almost this entire period.
I have voted in Tuxedo Park countless times.
I submitted and absentee ballot.
You pulled my vote.
I find your actions reprehensible and rabidly anti-democratic.
I can only surmise that my 20 year friendship with the McFadden's is why you don't want my vote to count.
Sincerely,
Michael Martin
(sent from Christopher Hansen's email account)
bcc: Tuxedo Park community
Subject: Pulled votes three - message from Joanna Karbowska
Dear Mr. Citrin,
My name is Joanna Karbowska and I am sending this email through Chris Hansen's email account.
On March 1, 2020 my husband and I bought a house in Tuxedo Park on Turtle Point Road.
This is our house, our home and our only residence.
We have put our heart and soul into making the house and the grounds better than they were.
I registered to vote in Tuxedo Park.
I voted in the last election.
My vote was counted.
I am a Nurse Anesthetist, working in small community hospital, and my hours are at least 12 hours long.
So I voted absentee.
Until you pulled my vote.
You know that my husband and I know Mayor McFadden well and what he has done for the Village.
Is that why you want to stop me from voting?
Sincerely,
Joanna Karbowska
(sent from Christopher Hansen's email account)
bcc: Tuxedo Park community
Subject: Pulled votes four and five -- a message from Ted Griffin
Dear Mr. Citrin,
My wife and I have been Tuxedo residents for just over two years now.
This was our first election.
We both voted absentee so that we could take our daughter on a family vacation.
We returned to discover our votes had been pulled.
Is that because our next door neighbor on Pepperidge Road is Mayor McFadden?
Why aren't our votes being counted?
Sincerely
Ted Griffin
(sent from Christopher Hansen's email account)
bcc: Tuxedo Park community
Subject: Pulled votes six -- message from the Bruner's
Mr. Citrin,
We have been residents of Tuxedo Park for 10 years.
We pay taxes in Tuxedo Park.
We are registered voters in Tuxedo Park.
Our son recently turned 18 and registered to vote in Tuxedo Park.
He voted absentee because he was travelling before going to college.
This was his first time voting.
You pulled his vote.
You know that we are friends with David and Robin McFadden.
Is that why you are scared to open my son's absentee ballot?
Regards,
Aileen and Chris Bruner
(sent from Christopher Hansen's email account)
bcc: Tuxedo Park community
IRRITATED, FRUSTRATED, AND ANGRY
Day = T+27
We are Still Fighting
for a Clean Election
Irritated, Frustrated, and Angry
Some folks are irritated… some folks are frustrated… and others are downright plain angry.
We understand that we may all be to a varying degree aggravated over this election process, but let us appreciate that we are as upset that Village Hall, during the final 2 weeks of the campaign, created some 30 fraudulent votes as Absentee Ballots.
This happened because it was noticed by one of the candidates for Mayor that the Village Clerk was not checking Voter Registration Rolls before issuing Absentee Ballots. So that particular Mayoral candidate saw an opportunity and ran with it.
Fraud… what fraud…?
ILLEGAL BALLOT HARVESTING BY MCFADDEN & OTHERS
[from our Supreme Court Filing]
59. We note here that the act of false voting is a violation of §17-132 of the Election Law. It is classified as a felony. Similarly, procurement of, aiding or assisting in illegal voting is a felony under §17-134 of the Election Law. (emphasis ours)
60. The Amended Verified Petition sought this Court’s intervention so as to stop illegal voting and prevent illegally procured / issued ballots from being placed into the canvass of the votes in the Tuxedo Park Village Election.
61. Petitioner was able to uncover some 30+ instances of illegal voting.
Upon information and belief, McFadden and [his accomplice, name redacted] were engaging in an illegal ballot harvesting operation which was designed to bring in a large number of ballots from individuals who are not residents of the Village of Tuxedo Park or even registered to vote.
62-71 [describes McFadden, describes accomplice, details the purported concerted effort]
72. Upon information and belief, the tactics employed by [McFadden and the Village] are designed to suppress the fraudulent votes procured by McFadden and [his accomplice, name redacted].
73. The ultimate goal advanced by these Respondents is to put these illegal votes into the canvass process, have them counted and secure an electoral victory for McFadden.
The facts are undeniable – virtually every absentee ballot illegally obtained has the taint of the incumbent Mayor and his accomplice on it.
__________________
Coincidence… or concerted effort…?
We are not as much interested in the individual musicians, but in the orchestra conductor and his accomplice/director of this “concert.”
Of the 196 Absentee Ballots issued by Village Hall, David McFadden was personally responsible for harvesting 51, of which some 23 are found to be problematic, or 45%.
Of the 196 Absentee Ballots issued by Village Hall, [McFadden’s accomplice, name redacted] was responsible for harvesting 33, of which some 8 are found to be problematic, or 24%.
What could be wrong with the ballots… types of Fraud
Of the some 40 Absentee Ballots that we deem fraudulent, certain ones are more egregious than others.
Not from Tuxedo Park: There is a dozen ballots given to folks that are not even registered in Tuxedo Park… one would be voter lives in the Woodlands, while another handful claims Tax Exile status in other states like Florida, Nevada, and Tennessee… why would anyone ever endanger their Tax Status by voting in a NYS election, anyway…?
Ballots still at large: Another handful of ballots were given to folks, who plainly never returned the ballots to Village Hall. So there are a number of ballots floating around out there, waiting to make their way, at the proper moment, into the safe in Village Hall which houses all of the Absentee Ballots… our job is to identify such ballots and prevent such additional ballots from suddenly appearing and being canvassed and counted.
Not registered: Another dozen ballots were given to folks who were not registered when they voted, however, swore under perjury that they were, but subsequently decided to register anyway, after the fact.
Voted twice: And the last challenge for us was to identify the handful of folks who voted twice, all of the folks that previously had filled-in a valid Absentee Ballot, and additionally voted in person on Election Day. Of all the folks that voted twice, all but one have honourably identified themselves to the Election Inspectors and had their Absentee Ballot annulled, so as to not double-count their vote.
All but one… and yes, we just identified the young rascal who thought he could pull a fast-one... and he almost got away with it…!
__________________
Status of current Absentee Ballots
142 to 109 = the machine vote on Election Day (Citrin over McFadden).
196 = the astounding number of Absentee Ballots created by Village Hall during the 3 week period prior to Election Day... the great majority were valid... however, some were not legally issued.
151 of the 196 = number of Absentee Ballots believed to have been legally issued.
45 = number of Absentee Ballots created in a problematic manner, or not returned.
This is what an Absentee Ballot Application looks like.
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Pay particular attention to Section 7 and Section 8, herebelow enlarged.
Section 7 asks, "Who is harvesting the Vote for you ?"
Section 8 is the Signature Block, where the Voter swears, under penalty of perjury, that the information is true and correct upon the date of signature.
I certify that I am a qualified and registered voter; and that the information in this application is true and correct and that this application will be accepted for all purposes as the equivalent of an affidavit and, if it contains a material false statement, shall subject me to the same penalties as if I had been duly sworn.
_________________
Harvesting Absentee Ballots 101 - a primer
To “Harvest” an absentee ballot a Harvester: 1) contacts a voter, 2) place the Harvester’s own name on the Application in Section 7, as the person to whom Village Hall issues the ballot, 3) has the voter sign the Absentee Ballot Application Form, 4) brings the Application to Village Hall, 5) is issued an Absentee Ballot in the name of the Voter along with a Special Envelope, 6) brings the Absentee Ballot to the Voter to vote, 7) has Voter, after voting, place the ballot in the Special Envelope and Harvester has Voter sign the outside of the Envelope, 8) returns the Special Envelope containing the Absentee Ballot to Village Hall to be counted in the canvass of the votes.
Believe it or not… all this is legal in NY State, if done correctly.
However, it is fraud, if not done correctly or, in any manner, “coerced”.
First time voters
We have gotten a number of emails from first-time voters, who were wondering if they lived in Tuxedo Park did they need to Register to Vote or could they vote without being registered.
Ok... this is a NYS Village Election, under the jurisdiction of the NYS Election Laws... not an election for Class President.
One seemingly low-information Voter even claimed that his son was "born in the Park" and because of that honour, that his son was somehow special and could use his privilege to skirt the rules. Well, it doesn't matter if you were born in Tuxedo Park, or in Holland Park... everybody follows the same rules... first you Register, then you Vote... not the other way around...!
Responsible parents of first-time Voters should ensure that your child is not coerced into committing Perjury by aggressive Vote Harvesters who force your child to swear that they are fully registered when obtaining an Absentee Ballot, when, in fact, they're not. It is important to keep in mind that Vote Harvesters care only about their Candidate's numbers, and not about your child's Perjury.
Let's remember that a Responsible Parent does not allow their child to drive a car just because they turned 17yo... a Responsible Parent would ensure that the child first had a valid Driver's License, and secondly that the car was actually registered and properly insured.
_________________
Our Position
It is not too late for common sense to prevail, and for the reputations of our Village and our Village Officials to be redeemed.
We stand ready to allow the Village to correct any error or omission, as shown by Section (5) of our proposed stipulation to the Village Attourney (reprinted below). The verbiage is straight out of NY State Election Law.
- Section 5. The parties stipulate and agree that any error or omission by the Village Clerk shall be corrected and resolved by excluding from the canvass the ballot(s) of any person who is determined to have NOT been registered to vote at the time they made their application for an absentee ballot.
It is our fervent desire and the overriding sentiment of every person we have spoken with, that this election be concluded and the race be decided no matter who ultimately prevails.
This is our position and has been from the beginning, regardless of the noise or whispers that have been cast our way by a very few disgruntled and ill-informed individuals.
Therefore, we again call upon the Mayor and the Village to chart a course that will allow us to move forward together putting the campaign behind us and get on with the business of government.
Village of Tuxedo Park Residents deserve nothing less.
Mayor McFadden, allow the Village Clerk to correct her errors, so that all legally cast ballots can be counted...!
Bonus: since you were tenacious and took your time to read this till the end... you deserve some bonus information... we just got a call from Supreme Court, and the court date has been moved up from 24th July to 19th July... yes, this Wednesday, 9:30am tentative time, Supreme Court in Goshen, NY... you are one of the first people in TP to know this.
We shall be sending additional updates as soon as we have new information.
Your humble servant,
Claudio Guazzoni de Zanett
Office of the Public Advocate (NGO)
Village of Tuxedo Park
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On July 18th, TPfYi received the following from candidate Marc D. Citrin:
Dear TPFYI,
Please accept this e-mail as the explanation of my position in the post-Election Day litigation.
In order to prevent the dilution of votes by residents of Tuxedo Park, who followed the NYS
Election law rules for voting by absentee ballot, I have challenged the following 4 categories
of absentee ballots:
1. Absentee ballots submitted by unregistered voters.
2. Absentee ballots submitted by voters who live outside of Tuxedo Park. ie., The Woodlands.
3. Absentee ballots submitted by voters who also voted in-person on Election Day.
4. Absentee ballots submitted by residents who were not registered to vote, but
certified under oath that they were registered to vote in Tuxedo Park, on their
Application for an Absentee Ballot.
I have not "pulled" any absentee ballots. It will be up to the Board of Canvassers, with
guidance from the assigned judge, who will determine the validity of each absentee ballot.
In addition, I have not challenged the process by which the absentee ballots were collected
and submitted to the Village Clerk.
Thank you again for giving me the opportunity to reach your readers.
Respectfully,
Marc D. Citrin
back to top
Election Update (Posted 7/9/23) (Updated 7/12/23 **scroll to bottom for updates**)
151 uncontested absentee ballots remain uncounted 20 days after the Village Election took place and many residents are growing restless as they await results and answers.
In the meantime, another lawsuit has been filed by Claudio Guazzoni. This one, an Article 78 (Guazzoni vs. McFadden), is aimed at preventing Incumbent David McFadden from illegally using public funds to pay for attorneys to aid him in his re-election campaign. The suit comes on the heals of the Trustees' June 26 meeting, at which the Board voted (with two abstentions) in favor of spending up to 25K for new counsel to represent the Village in the election case and further named McFadden the chief point of contact, authorizing him to unilaterally (if need be) make strategic decisions on behalf the Village. Th suit provoked a change in direction from the Village and at a Special Board of Trustees meeting on Thursday, July 6 (video clips below), Mayor McFadden announced that “out of an abundance of caution and to eliminate even the slightest perception of impropriety” he had made the decision not to participate in any discussions or decisions related to the case. Further noting that he would maintain his legal right, to mount a defense against any charges brought against him as a candidate using his own counsel, he suggested that this "proactive measure” on his part reinforced transparency while upholding the integrity of fair and democratic elections.
During a public comment period later in the meeting, both Mr. Guazzoni andl Candidate Marc D. Citrin pleaded with the Board to count the uncontested ballots.
July 6 Village Board Meeting Part 1
July 6 Village Board Meeting Part 2
Then, on Friday, June 7 the following email was circulated by David McFadden:
Stop Gaslighting, Sirs - Drop The Lawsuits and Let the Election Proceed.
Dear Friends and Neighbors,
Like you, I am a village resident, and my hard-earned money has been wasted defending election lawsuits. There are two. Following a hiccup in the initial ownership, Petitioner Claudio Guazzoni bought both.
The stunning display of hypocrisy and the relentless spread of false rumors regarding the election's status is truly remarkable.
As of yesterday, Marc Citrin purports/attempts to adopt the Petitioner’s challenges to voter’s rights in the form of crossclaims against the village.
The list includes 30 of my supporters and none of Marc's supporters [1].
If you have any more interest in the cases, please continue reading below.
Sincerely,
David McFadden
Incumbent Mayor Candidate
[1] The following will have one or more family member's votes disqualified by Claudio Guazzoni and Marc Citrin if they prevail in court, preventing the election from proceeding: Brunner, Devereux, Foster, Garbett, Gazin, Gonzales, Gorzynski, Griffin, Hansen, Karbonska, Lobkowicz, Lopez, Ma, Martin, McDonnell, McLennan, Ryan, Ruddy, Scherer, Tinari, Turnbull, and Wiebicki.
To follow the case filings in real-time, click on each case below (using the New York State Court Electronics Filing (NYSCEF) system):
CASE ONE – This lawsuit halted the June 20, 2023, village election canvassing and counting absentee ballots for the mayor's office and two uncontested trustees and asked the court to disqualify the ballots of approximately 30 village residents.
EF004013-2023 - To View All Court Papers - Orange County Supreme Court
Short Caption: Claudio Guazzoni de Zanett v. ELIZABETH DOHERTY et al.
Case Type: Special Proceedings - Election Law
Case Status: Active
eFiling Status: Partial Participation Recorded
Assigned Judge: Maria S Vazquezdoles
Verified Answers and Cross Claims: Marc Citrin purports/attempts to adopt the petitioner’s challenges to voter’s rights in the form of crossclaims against the village see 1 of the 4 filings by Marc Citrin (# 51 Notice of Motion (Motion #3)).
Defense attorneys for the Village: Joe Burns, Esq. and Mike Burger, Esq. of Santiago Burger, LLP
Judge Vazquezdoles has granted the Petitioner a Temporary Restraining Order (TRO) and has ordered all parties to appear in court on July 24, 2023.
CASE TWO – This lawsuit declares that the Board of Trustees violated Open Meetings Law and that all resolutions to obtain special legal counsel to represent David McFadden et al. are invalid, null, and void.
EF004211-2023 - To View All Court Papers - Orange County Supreme Court
Short Caption: Claudio Guazzoni de Zanett v. DAVID C MCFADDEN et al
Case Type: Special Proceedings - CPLR Article 78
Case Status: Active
eFiling Status: Full Participation Recorded
Assigned Judge: Maria S Vazquezdoles
Defense attorneys for the Village: Jared Kasschau, Esq. Lead Attorney, Harris Beach, PLLC.
Judge Vazquezdoles has granted the Petitioner a Temporary Restraining Order (TRO) and has ordered all parties to appear in court on July 14, 2023, which will likely be rescheduled for July 24, 2003, although the two cases remain separate.
I believe this case will be rendered mute by the actions taken by the board yesterday: (see meeting clips above) |
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This was followed by an email from Mr. Guazzoni on July 9:
WEEKEND WRAP-UP
Day = T+19
We are Still Fighting
for a Clean Election
Day 19, and counting, with still no resolution to the race for Mayor of the village of Tuxedo Park.
First, I would like to thank the many residents who have called or emailed with questions, comments, or words of encouragement. Your concern and support is appreciated.
Second, a statement from Pericles comes to mind regarding his favorite type of government, rings evermore true with each passing day, "Democracy is not a spectator sport. It is a participatory event. If we do not participate in it, it ceases to be a Democracy."
It is time for the good people of Tuxedo Park to stand up, and in clear voice express your desire that this election and the votes that were cast properly and in good faith be allowed to proceed.
The longer this drags-on the more damage could be done to the Village and to certain individuals, who up until this moment may have allowed their passions to overcome reason, or their lack of knowledge to result in errors in judgement and belief.
Fair Election
What is happening in our Village is now more than about who will be the next Mayor, but about the very essence of what constitutes a free and fair election.
- 142 vs 109 = the machine vote on Election Day (Citrin over McFadden).
- 190+ = the astounding number of Absentee Ballots created by Village Hall during the 3 week period prior to Election Day... the great majority were valid... however, some were fraudulent.
- 40 circa = number of Absentee Ballots created in a fraudulent or problematic manner.
- 151 of the 190+ = number of Absentee Ballots believed to be valid.
We believe that the 151 Absentee Ballots, which no one is contesting, need to be counted as soon as possible.
In fact, in a joint stipulation drafted with Brian Nugent, Village Attourney, we expected to count the 151 non-contested ballots some 10 days ago.
Village Attourney "Discharged"
Mr Nugent approached McFadden for a signature. Instead of a signed Agreement, Nugent got summarily fired, and replaced with 3 separate and very expensive Corporate Law Firms.
The actions taken during the past week by the Mayor and the Village Board are a clear violation of New York State law and are not in the best interest of the Residents, nor of anyone currently associated with the Village government.
On June 27, three illegal resolutions were adopted (not unanimously !) by the Mayor and Board of Trustees:
- To Authorise payment of $25,000 for a new legal counsel to personally defend McFadden in his re-election campaign, disguised as retainer for new counsel to defend the Temporary Halt (TRO) brought by us to force the Village Clerk to correct their errors, and not count the 40 Absentee ballots of unregistered or unknown persons; and
- To discharge the current Village Attorney because he was advocating to follow the law, and was about to enter a stipulation with our own attorney requesting the County Board of Elections to supervise the canvass and counting of the valid Absentee Ballots; and
- Giving McFadden personally exclusive and full control of the new attorneys hired to defend him in his re-election bid, disguised as defending the Village, to the exclusion of all other Trustees.
These actions are quickly becoming a stain upon the reputation, not only of the current administration, but also on our village as whole.
Outside groups and press outlets are questioning the ability of residents to govern this Village.
These 3 new Corporate Law Firms have been hired to simply litigate with us, and, at all costs, to avoid counting the uncontested ballots.
It seems to us that if McFadden had the votes, he would want to count the 151 uncontested Absentee Ballots as soon as possible.
The Mayor needs to stop the nonsense of wasting taxpayer money on his personal re-election campaign, and let the legally cast absentee ballots be counted today…!
________________
Our Position
It is not too late for common sense to prevail, and for the reputations of our Village and our Village Officials to be redeemed.
We stand ready to allow the village to correct any error or omission, as shown by Section (5) of our proposed stipulation to the Village Attourney (reprinted below). The verbiage is straight out of NY State Election Law.
- Section 5. The parties stipulate and agree that any error or omission by the Village Clerk shall be corrected and resolved by excluding from the canvass the ballot(s) of any person who is determined to have NOT been registered to vote at the time they made their application for an absentee ballot.
It is our fervent desire and the overriding sentiment of every person we have spoken with, that this election be concluded and the race be decided no matter who ultimately prevails.
This is our position and has been from the beginning, regardless of the noise or whispers that have been cast our way by a very few disgruntled and ill-informed individuals.
Therefore, we again call upon the Mayor and the Village to chart a course that will allow us to move forward together putting the campaign behind us and get on with the business of government.
Village of Tuxedo Park Residents deserve nothing less.
Mayor McFadden, allow the 151 non-contested ballots to be counted…!
We shall be sending additional updates as soon as we have new information.
Your humble servant,
Claudio Guazzoni de Zanett
Office of the Public Advocate (NGO)
Village of Tuxedo Park
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Also on july 9, this article was published by the Photo News:
Lawsuits Pile Up As Tuxedo Park Awaits Election Decision
On Monday July 10, TPFYi was contacted by McFadden wih the following:
Dear TPFYI,
On Tuesday, June 20, 2023, Claudio filed a lawsuit that effectively halted the village election. Last week, Mac Citrin joined forces with Claudio by adding his name to the lawsuit against the Village.
For far too long, Claudio and Marc have monopolized the conversation, using their platform to push their agenda without any substantial opposition. However, today marks a turning point. The attorney defending the village and village clerk has finally submitted a defense, giving us the opportunity to hear both sides of the story.
This is a significant development, as it allows village residents to make an informed judgment based on a comprehensive understanding of the situation. No longer will it be a matter of one person's word against another's.
To gain access to the village defense papers, click here.
Once on the page, scroll down to the court filings by M. Burger, specifically documents numbered 53, 54, and 55.
Let's seize this moment to delve into the details and explore the facts for ourselves. It's time to make an informed decision that will shape the future of our village.
Together, we can ensure that transparency and fairness prevail.
Candidate David McFadden
Only Tuesday, July 11 the following three pieces appeared on the Photonews website:
Guazzoni Continues to Pollute Our Community with Lies
Tuxedo Park Residents are Entitled to Know Who Their Nexy Mayor Will Be
Stop Gaslighting, Stop the Lawsuits, and Let The Election Proceed
Currently the Village and Mr. Guazzoni are slated to appear at a hearing in Goshen on July 24. Stay tuned to TPFYI for any further developments as they unfold.
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Outcome in Village Election Remains Unknown (Posted 7/2/23)
More than 10 days later, the outcome of the June 20 Village election remains uncertain with 151 absentee ballots yet to be counted and an additional 31 ballots in question. In the meantime, emails continue to circulate around the Village.
Residents received the following from Claudio Guazzoni (self-proclaimed Office of the Public Advocate) on Thursday, June 29:
CEAUSESCU WANNABE ?
Day = T+9
We are Still Fighting
for a Clean Election
We are now on day nine of no resolution of the Village election.
We all participated hoping for a speedy resolution as to who will be our next mayor.
Yet, the act of voting has taken on a whole new meaning in our Village.
What was a simple question about the legitimacy of a few ballots that were received during the recent election has now developed into a test of wills between right and wrong.
This past Monday, during the rescheduled monthly Board of Trustees (BOT) meeting, at the request of McFadden, the Village Board has approved the following resolutions:
(1) to discharge the Village attorney;
(2) to adopt a resolution to hire yet another outside law firm; and
(3) to appoint the mayor/candidate as the "primary point of contact for all matters associated with, and strategic decisions on behalf of, the Village of Tuxedo Park and Elizabeth Doherty, (in her capacity as) Village Clerk and Chief Village Election Official," undertaken by three separate Board Resolutions.
Let us not forget that the Mayor has a vested interest in determining who wins this election.
The decision to dismiss the current Village Counsel was held in a back-room, and behind closed doors, during the 7-8pm Executive Session.
This abrupt decision happened shortly after, earlier in the day, the Village Counsel proposed to us, The Public Advocate and to our counsel, a stipulation to have ballots counted this week at the Goshen Board of Elections.
This unprecedented action of letting the incumbent candidate exploit and manipulate the situation, and to further decide the strategy that the Village will be employing to essentially defend his own candidacy, is unethical at best.
Furthermore, why did the Board of Trustees also vote to set aside up to $25,000 of our Village money for this purpose...?
Is this even legal...?
If McFadden wishes to have his own private counsel to represent him as a candidate, shouldn't he hire an attourney with his own private funds...?
Why is he allowed to pilfer the public treasury in this manner...?
How can this not be misappropriation and self-enrichment...?
What is he afraid of...?
Perhaps... McFadden does not have enough votes ?
We are aware that McFadden has recently learned that he is allowed to remain in power only until a new mayor is determined and sworn in.
Since Election Day, we have been urging Village Hall to allow the Orange County Board of Elections to review the disputed votes, to have every valid vote counted, and to stand by honest results.
This desperate move by the incumbent candidate now forces all of us to ask, why...?
What else is going on at Village Hall that makes someone take such drastic measures as to not only spend our Village tax dollars needlessly, but also to possibly face criminal charges...?
Why such a fear of the will of the people...?
These stunning and troubling events are not the basis of good government, and might be tolerated in a Nicolae-Ceau?escu-wannabe world with no traditions of democracy.
However, this is America which should be a beacon to the rest of the world, an example of free and fair elections, where the results are not twisted for the personal benefit of one individual or one party.
Not unanimous...
It is interesting to note that of the three critical resolutions passed by the BOT, all three were not unanimous, with some of our Trustees actually abstaining.
Are some of our trustees beginning to question the wisdom of continuing on this path that the Mayor/candidate is trying to drag them down?
Contact us and we will send you a copy of all three Resolutions: Oversight@TuxedoParkAdvocate.com
Rest assured, this latest attempt to subvert this election has not deterred us, but has only strengthened our resolve to see that justice will prevail.
We will continue to keep you apprised via this Newsletter as we uncover more details of the attempts to conceal the facts of what is being done in your name to our Village, as the current Mayor desperately tries to cling to power.
Count the Votes…!
Currently the machine vote is 142-109, Citrin over McFadden.
The current vote count has Citrin leading by 33 votes.
After counting the 151 legitimate Absentee Ballots, there might be no need to even count the disputed ballots.
They might not make a difference.
This case could be over.
We are once again calling upon the Mayor and his Village Attorney to have the 151 legitimate absentee ballots opened and counted at the Orange County Board of Elections this coming week.
After which, the votes in question need to be reviewed and determined if they were in fact eligible to be cast.
Please call the Village Office on 845-351-4745 and have your voice heard !
Our Position
The position of the Public Advocate is clear: we support a fair election process that will provide our residents confidence in the results of this election.
Our attorney stands ready to meet before the Orange County Board of Elections and have all of the undisputed ballots opened and counted.
We are confident that, if the Village Attourney wished, this could be resolved in a matter of hours, and within the next few days.
We are urging for a quick and honest resolution to this issue.
We shall be sending additional updates as soon as we have new information.
Your humble servant,
Claudio Guazzoni de Zanett
Office of the Public Advocate (NGO)
Village of Tuxedo Park
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and then this from Village resident and former Trustee Christopher Hansen on July 2:
Who pulls Mark Citrin's strings?
- Claudio, the self declared town crier
- Claudio, who was censured by the Board of Trustees
- Claudio, who ran for Trustee but was rejected by the voters
- Claudio, who secretly backed two transitory residents who were also rejected by the voters
- Claudio, who is cherry-picking the votes he doesn’t wanted counted in this election
Citrin’s communications were sent from Claudio’s mass e-mailing account. Claudio spouts on about “open and transparent government” yet he conceals that he is behind Citrin’s emails. Citrin’s statement that he was not part of the lawsuit to cherry-pick votes seems even less credible than when he first made it
See for yourself before Claudio destroys the evidence
- Open any of Claudio’s emails
- Click on “View this email in your browser”
- Click on “Past Issues”
Claudio is running Citrin’s campaign.
Why does Claudio say he is independent when he is not?\
Why does Citrin hide the fact that he is working with Claudio?
Would you vote for Mark Citrin if you knew Claudio was pulling the strings?
What role has Citrin promised to Claudio in the Village?
Do you want Claudio running your Village?
Sincerely,
Christopher C. Hansen
3 Term / 6 Year Trustee
TPFYI will continue to update our this page as more information/further updates become available.
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Tuxedo Park Vote Count Stopped by Court Order
(Posted 6/23/23)
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Election Update (Posted 6/22/23)
Incumbent David McFadden sent the following communication to residents on 6/22:
Dear Friends and Neighbors,
I wanted to talk to you about the latest developments concerning the village election. As the voting ended, the village had multiple Petitions for a restraining order, effectively halting the completion of the ballot count.
All the petitions served originated from Attorney John Sarcone. Initially, the petitioner was Marc Citrin, but Mr. Citrin was quickly changed to Claudio Guazzoni. In all versions, the respondents are the Village Clerk, Elizabeth Doherty, myself, and the running Trustees, Josh and Paul.
In one version, Mr. Citrin was named a respondent.
However, Mr. Citrin no longer appears as a petitioner or respondent in the most recent filing. The current Petition is an action commenced by Mr. Guazzoni against the village, me, and the two unopposed trustees.
As for the substance of the allegations, the petitioner argues that community members who believed they registered to vote on time were, in fact, untimely (by the petitioner's calculation) and should be excluded from the ballot count.
I want you to know that ensuring a fair and transparent election process is crucial to resolving this matter. I support conducting a comprehensive count of all votes. Every community member who believed they registered on time, submitted a compliant application, and consequently cast their vote should be included in the count. However, I appreciate that the petitioner is seeking the court's resolution on the appropriate sequence of applying for an absentee ballot and the effective registration cut-off date and to disqualify voters whose registration or application for an absentee ballot fall outside those parameters.
I will let you know as we move forward with a solution. Thank you for your patience and support.
Warmest regards,
David McFadden
Incumbent
This was followed by the following communciation from Tuxedo Park Public Advocate:
COUNT THE VOTES !!!
Day = T+2
We Are Fighting for a Clean Election
As Public Advocate for Tuxedo Park, one of our jobs is to ensure election integrity for Village Elections.
As you might remember, on Election Day, we found that of the 182 Absentee Votes, 31 of them were problematic.
These 31 votes were cast by 31 adult individuals... who obtained absentee ballots improperly... swore under penalty of perjury... and cast faulty absentee ballots nonetheless.
On the other hand, we also found that the remaining 151 Absentee Ballots cast were indeed valid, and we encourage Village Hall to open and tally such ballots as soon as practicable.
The Tuxedo Park Public Advocate is only interested in preserving voting integrity which is vital to our democracy.
Our attorney made the offer that those ballots that are not in dispute should be counted in the presence of the two Commissioners of the Orange County Board of Elections.
We are just as eager to have every legitimate vote counted as all residents are so that the business of government may proceed.
We suggested anytime today... or anytime tomorrow.
Sadly, our offer was rejected by the Village Attorney.
This begs the following two questions:
What is more important than deciding the outcome of this election and the future of our village ?
And, whose interest is the Village Attourney really representing... the Village's or McFadden's ?
The position of the Public Advocate is clear: we support a fair election process that will provide our residents confidence in the results of this election.
Our attorney stands ready to meet before the Orange County Board of Elections and have the undisputed ballots opened and counted.
We are confident that, if the Village Attourney wished, this could be resolved in a matter of hours, and within the next few days.
We are urging for a quick and honest resolution to this issue.
We shall be sending additional updates as soon as we have new information.
With warm regards,
Claudio Guazzoni de Zanett
Office of the Public Advocate (NGO)
Village of Tuxedo Park
*The Office of Public Advocate of Tuxedo Park is an NGO - a non-governmental organisation. It is not part of the Administration nor part of Office of the Village of Tuxedo Park, nor does it profess to be so. It is a Private Organisation, and as such, only expresses the opinions of Private Individuals.
and then...this message from the Village:
Village of Tuxedo Park Public Service Announcement
Dear Residents of Tuxedo Park,
We want to bring to your attention an important matter regarding the Tuxedo Park Public Advocate position. It has come to our attention that no local or state law governing our village requires the appointment or election of a public advocate. Therefore, we would like to clarify that the title of Tuxedo Park Public Advocate is not an officially recognized position within our village government.
We feel compelled to make this announcement because Mr. Guazzoni has assumed the Tuxedo Park Public Advocate role, although it holds no official standing. While individuals have the right to exercise their First Amendment rights and appoint themselves to fictitious village positions, it is essential to note that Mr. Guazzoni’ s proclamations and mailings are not official communications from the village.
It is equally important to highlight that any resident, including yourself, has the same First Amendment rights and the freedom to publicly express opposing views to Mr. Guazzoni. However, please note that neither his self-appointed position nor any opposing viewpoints carry official recognition or authority within our village government.
We want to emphasize that this public service announcement is intended to provide clarification, especially for newer members of our community who may not be familiar with the history and dynamics surrounding this issue.
Thank you for taking the time to read this announcement, and we appreciate your continued support in maintaining an informed and engaged community.
and lastly this email from challenger Marc D. Citrin:
Dear Neighbors,
I want to provide you with an update on the ongoing issue involving the Village election.
Whoever turns out to be the winner, it is very important that our election is deemed by all to have been fair and in accordance with NYS Election Law.
I understand that the process of validating the absentee ballots was to occur today at a meeting with the two Board of Elections Commissioners.
The meeting was cancelled by the Village attorney for reasons unknown.
I believe that there is no justification to further delay the verification and counting of the absentee ballots.
I support allowing the Board of Elections Commissioners to decide the validity of the absentee ballots, which would be followed by a count that would determine the outcome of this election.
It is my wish that all of the absentee ballots of timely registered Tuxedo Park voters be counted as quickly as possible.
Uncertainty in the outcome of the mayoral election benefits no one.
I ask Mayor McFadden to join with me in supporting this expeditious resolution of the issue of the absentee ballots.
There is no reason to wait for the scheduled July 24 hearing before the Judge that issued the Temporary Restraining Order.
This would only incur additional and unnecessary legal fees to the Village.
Together, through our voices, let's make Tuxedo Park Even Better.
Respectfully,
Marc
TPFYI will continue to keep you informed as information becomes available.
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Election Update (Posted 6/21/23)
The Village of Tuxedo Park released the following update on 6/21:
We wanted to inform you that the meeting scheduled for this evening has unfortunately been postponed. However, we are actively working on rescheduling it for early next week. We apologize for any inconvenience this may cause.
In other news, we wanted to bring to your attention an important Supreme Court case that has been filed by Claudio Guazzoni de Zanett, as Public Advocate and aggrieved voter. The first appearance date for this case has been set for July 24, 2023. As the case is ongoing, we regretfully inform you that we currently cannot provide further comments or details. We appreciate your understanding regarding the sensitivity and legal nature of the situation.
Please don't hesitate to reach out if you have any questions or require further information. We value your patience and cooperation.
Thank you,
Mayor Mac
Residents also received the following from Tuxedo Park Public Advocate:
Fighting for a Clean Election
As Public Advocate for Tuxedo Park, one of our jobs is to ensure election integrity for Village Elections.
Yesterday morning, upon close inspection, we found that of the 182 Absentee Votes received by Village Hall, 31 of them had irregularities of non-compliance with NY State Election Law.
Some 14 of the 31 Absentee Votes were cast by people who are not even Registered Voters, nor were ever Registered Voters of Tuxedo Park.
Throughout the day, we urged Village Hall to separate out such 31 votes, but to no avail.
We did not wish to resort to a Court dispute, but had no choice, as our efforts throughout the day to guarantee a clean election were frustrated by Mayor McFadden.
At our request, these 31 absentee ballots are currently under review by the State Supreme Court.
On the other hand, we also found that the remaining 151 Absentee Ballots cast were indeed valid, and we encourage Village Hall to open and tally such ballots as soon as practicable.
Furthermore, contrary to David McFadden’s false accusations, we have no ties or agreements with either candidate, not David McFadden, not Marc Citrin.
We are merely citizens, and Residents of Tuxedo Park who are entitled to a vote not diluted by irregularities.
In contrast to David McFadden’s Trumpesque election denial, we have absolutely no agreements with Marc Citrin regarding governance of the Village.
We are urging for a quick and honest resolution to this issue, and we shall be keeping you informed accordingly.
With warm regards,
Claudio Guazzoni de Zanett
Office of the Public Advocate (NGO)
Village of Tuxedo Park
*The Office of Public Advocate of Tuxedo Park is an NGO - a non-governmental organisation. It is not part of the Administration nor part of Office of the Village of Tuxedo Park, nor does it profess to be so. It is a Private Organisation, and as such, only expresses the opinions of Private Individuals.
and then the following from Candidate Marc D. Citrin:
TOGETHER, THROUGH OUR VOICES, WE HAVE MADE TUXEDO PARK EVEN BETTER
Dear Neighbors,
Thank you again for your support on Election Day. I am writing to update you on the events
surrounding last night’s counting of the ballots. After the polls closed at 9pm, Mr. Sarcone, an attorney
representing Mr. Claudio Guazzoni served a Temporary Restraining Order (TRO) on the Village
prohibiting the counting of the absentee ballots until the judge could determine which absentee ballots
were not validly cast.
It is my position that all absentee ballots, other than those cast by voters who were not registered in
Tuxedo Park by the statutory deadline, should be counted as expeditiously as possible. It is my belief that every validly registered Tuxedo Park voter has the right to have their vote counted.
I am confirming again that Mr. Sarcone does not represent me . I have never spoken or communicated with Mr. Sarcone and I have not provided any facts or opinions to Mr. Sarcone. In fact, I am named in his Petition as a Respondent/Defendant together with Mayor McFadden, the Trustees and the Village Clerk. I was served with the Petition at my home at 10pm last night.
At the time that the vote counting was halted, the machine count had been tabulated and showed me with a lead of 142 to 109. I am cautiously optimistic that my lead will hold up through the counting of the absentee ballots.
No matter the final result, I want you to know that I am humbled by support that my campaign has received from our community. You made it quite clear by your many votes that there is a yearning for change in the manner and style of governance at Village Hall. I campaigned on civility, equality for all and fairness. This remains my desire, win or lose, for Tuxedo Park. Together, through our voices, we have made Tuxedo Park Even Better.
Marc
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Village Election Results Delayed Due To Court Order ( Posted 6/20/23)
Talying of the votes came to an abrupt stop when the polls closed at 9pm on June 20 due to a court order filed by Village Resident Claudio Guazzoni, which specifically prevented the coutning of roughly 190 absentee ballots.
The order, which can be viewed here, sets a hearing date of July 24.
The results of the machine vote are as follows:
MAYOR
Marc D. Citrin - 142
David McFadden - 109
Write-In - 0
TRUSTEE
Joshua Scherer - 175
Paul Brooke - 139
Write-In - 15 (Undisclosed)
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Last Minute Campaign Emails Fly in Village Election (Posted 6/20/23)
The candidates for Village Mayor have been busy over the last 24 hours....countering one-another via wide-spread emails.
It began yesterday morning with the following email from incumbent David McFadden:
June 19, 2023
Dear Neighbors,
I hope you are doing well and enjoyed Father's Day weekend.
Thank you for providing Marc and me with a platform to share our perspectives, particularly those who recently joined our community. Through this process, I hope we have all gained a deeper understanding of how our government functions and the importance of civic engagement.
I also want to extend my sincere best wishes to Marc. I genuinely appreciate his willingness to step forward and serve our village. It takes courage and dedication to put oneself forward as a candidate, and I respect anyone who embraces this responsibility.
Together, Marc and I have played our roles in this election, presenting our ideas and aspirations for the betterment of our community. Now, it is your turn to contribute by exercising your responsibility to vote tomorrow.
Your vote will demonstrate that our efforts have not been in vain and will shape our village's future. In a small community, every single vote counts, and it is crucial for you to participate and ensure your voice is heard.
Remember, our community stands united and will never be divided.
Warmest wishes,
David McFadden
This was followed by a somewhat similar type of communication from his challenger, Marc D. Citrin:
Dear Friends and Neighbors,
I find myself humbled by the outpouring of support and encouragement from so many of our fellow residents.
This election is about more than who will be the next Mayor. It is about who best represents your ideals of civility, integrity, common sense, and moving our Village forward.
While we are all grateful to Mayor McFadden for his 6 years of service, people are now telling me that they are eager to see a change in the approach and style of governance.
The issues, together with whom you want representing your interests in both Village Hall, and beyond our gates, should decide this election.
During the course of this campaign, I have worked to bring important issues to you in a factual and thoughtful manner, while listening attentively to your concerns and ideas.
As Mayor, I intend to continue to work in exactly the same manner, one that is transparent, respectful, and free of personal attacks.
I know, based on the many conversations we have shared during the past few weeks, that this is a great Community filled with people who want our Village to be a place that they are proud to call home.
I pledge to work hard everyday to make that happen.
Again, I thank you for your time and support, and I hope I can count on your vote tomorrow, Tuesday, June 20th.
Polls open at 7 am and close at 9 pm.
Respectfully,
Marc
and email from McFadden entitled "Response to Marc Citrin's Campaign Materials" which contained the following letter in the form of a PDF attachment:
After conducting a thorough review of my opponents' newsletters, including tonight's edition, Tuxedo Park residents must acquire a comprehensive understanding of our elected representatives' positions and actions. Evaluating their past governance performance and potential future actions is essential.
I am disheartened by the lack of a concrete plan or an articulated vision for the future presented by my opponent. While emphasizing the need for a change in governance style, we must consider whether such a drastic overhaul is necessary when our Village is already thriving.
My opponent often highlights values such as civility, integrity, and common sense. However, we should reflect on whether Tuxedo Park lacks these qualities. Our community is characterized by close-knit relationships and mutual respect, where friendly waves are exchanged as we pass, and new families desire to move here. Throughout my six years as Mayor, our administration has operated with the utmost integrity, free from any scandals.
We have governed the Village with exceptional common sense, resulting in numerous achievements such as the lowest taxes, pristine water quality, and a new front entrance. We remain committed to preserving the Village's natural beauty and maintaining property values. We have diligently worked on these achievements for the past six years. I am still unclear on precisely what positions my opponent is running on.
Examining the specific details of my opponent's platform is essential. For instance, one aspect that I know is that my opponent opposes Wee-Wah management by Tuxedo Park. However, we have made remarkable progress since taking over Wee-Wah from the Hamlett. Exciting plans are underway, including developing a new playground and other significant improvements. Electing my opponent might mean reverting to the days before Wee-Wah had the potential to become a true community center for Tuxedo Park.
Throughout my tenure as Mayor, I have consistently prioritized the best interests of our community in my decision-making. My track record speaks for itself, demonstrating a commitment to tangible results and meaningful progress. While I acknowledge and appreciate the pleasant words expressed by my opponent, I believe it is crucial to move beyond mere platitudes and instead seek substantive policy ideas — something I have unfortunately failed to see from him.
Over the past six years, we have achieved the following:
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Lowering property taxes year-over-year
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Improving village finances
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Significant improvements to our infrastructure
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Cleaner lakes and work toward a cleaner community
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Improved and profitable Wee Wah
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Significant strides in safety and security
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Improved village services
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Better risk management and insurance
During my first term in 2005, we achieved the following: • Establishment of the gateway and ridgeline laws
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Creation of the BAR, the Building Department, and the Design Guidelines
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Exposing police corruption resulted in significant financial savings for our Village.
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The village's most pressing issue is funding the vast array of infrastructure maintenance and repair without raising taxes and downsizing services.
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The second is securing the village borders, including Tuxedo Park School. The influx of people from Tuxedo Farms and other developments will increase trespassing on village property and trails and recreating on our roads.
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The third is managing revenue to run the village effectively in an environment of economic inflation.
While I appreciate my opponent's efforts in his newsletters, evaluating the substance behind their words is essential. In contrast, the past six years of mayoral experience speak volumes, showcasing my dedication and accomplishments. Looking ahead, I have clear and tangible plans for the next two years, which I would like to share with you:
In conclusion, I not only pledge to govern with continued transparency, civility, compassion, and common
sense for all but, I vow to my neighbors and friends, that we will continue to focus on the issues at hand
and work together to build a better future for our community through continued actionable policy.
Warmest regards, Mac
Election day dawned and all was quiet until roughly 5:15pm, at which time residents received the following email from McFadden entitled Important Election Update:
I have an update for you. Earlier today Claudio stated he will challenge the authenticity of 19 Absentee Ballot Application forms for flaws, and that because they have alleged flaws, meaning the absentee ballots themselves should not have been given to the voter. This is the same thing they did 4-years ago when the election went before the supreme court. Sadly, there will be more called into question this evening at 9 PM when the polls close I am sure, when these challenges are formally made.
Moments ago, I also learned from our village attorney that attorney John Sarcone on behalf of Marc Citrin, will file an "Order to Show Cause" in Orange County court over the Village election, and hopes to receive a Temporary Restraining Order (TRO) to stop the count of the village election today before counting starts. This is the same attorney this team used last time to take us to the supreme court for a determination of the election in 2017-2018. There will not be a winner tonight, or weeks, or maybe months. If there is an attorney in the Park who would like us to keep the integrity of village elections intact.
If you have not voted yet, I advise you to do so.
Warmest wishes,
MAC
This was followed just under an hour later by the following email from Citrin:
A Special Message From Marc D. Citrin: False Accusation From Mayor McFadden
Dear Friends and Neighbors,
Mayor McFadden has falsely accused me of commencing litigation with respect to this election.
Contrary to the false accusations of Mayor McFadden, Mr Sarcone is not my election attorney.
I did not retain Mr Sarcone. I did not authorize any attorney to file in court on my behalf.
In fact, I am named as a respondent / defendant in the petition filed by Mr Sarcone on the behalf of Mr Guazzoni de Zanett.
Mayor McFadden is attempting to besmirch me with false accusations in order to deceive you, the voters.
Again, I thank you for your time and support.
Please vote.
It's Time for a Change !
Respectfully,
Marc
and a short while later...three more emails from McFadden
On Jun 20, 2023, at 8:17 PM, David McFadden <dmcfadden@tuxedopark-ny.gov> wrote:
I am making an exception because of the extraordinary circumstances and sharing this email and another one shortly
From: Brian Nugent <bnugent@fnmlawfirm.com>
Sent: Tuesday, June 20, 2023 4:58 PM
To: Joshua Scherer <jscherer@tuxedopark-ny.gov>; Elizabeth Doherty <edoherty@tuxedopark-ny.gov>; Shannon Daly <shannond@fnmlawfirm.com>; David McFadden <dmcfadden@tuxedopark-ny.gov>; Chris Kasker <ckasker@tuxedopark-ny.gov>; Tinka Shaw <tshaw@tuxedopark-ny.gov>; Paul Brooke <pbrooke@tuxedopark-ny.gov>
Subject: Fwd: OTC and VP v Village of Tuxedo and Village Clerk et. al.
Attached are the papers that were sent by John Sarcone. They are a mess to say the least. The e-filing documents state that Citrin is the petitioner, but the Order to Show Cause says Guazzoni is the Petitioner/ aggrieved voter and the Petition itself doesn't have any name at all filled in for the Petitioner. The petition opens with language identifying Guazzoni as the petitioner and Citrin as the Respondent. Presuming these are papers that were drafted from some prior election.
Brian D. Nugent, Esq.
FEERICK NUGENT MacCARTNEY PLLC
_________________________
PLEASE TAKE NOTICE: This e-mail, and any attachments thereto, is intended only for use by the addressee(s) named herein and may contain legally privileged and/or confidential information. If you are not the intended recipient of this e-mail you are hereby notified that any dissemination, distribution or copying of this e-mail, and any attachments thereto, is strictly prohibited. If you have received this e-mail in error, please notify me by replying to this message and permanently delete the original and any copy of this e-mail and any printout thereof.
Brian, see attached. I will let you know when this is signed. Regards, John
The Sarcone Law Firm, PLLC
19 Fox Run Road
Croton-on-Hudson, New York 10520
and this one titled "Follow Up on Election":
All,
This is a major mess. Here is the latest email from the village attorney I am releasing because of the extraordinary circumstances. This clearly shows that Mr. Citron is going to transfer the responsibility to Claudio after Marc was exposed.
Brian Nugent
To: Chris Kasker
Cc: David McFadden;vElizabeth Doherty Joshua Scherer; Paul Brooke + 2 others
Tue 6/20/2023 7:10 PM
[The] Judge [will] not sign a TRO until matters can be sorted out since there is no significant prejudice in the count waiting a few days. However, the papers are a continuous mess. Now the papers are being changed to Guazzoni as the Petitioner instead of Citrin.
FEERICK NUGENT MacCARTNEY PLLC
This is the last. I have to go vote.
Some emails with Court. Papers are still a mess, but court is likely to issue some order - probably temporary relief for a day or two.
Dear Counsel,
The RJI on NYCSEF continues to show Marc Citrin as Petitioner on page one and as Respondent on page two.
The caption of the Petition has him in neither position.
You must clarify your papers at this time as the Court is preparing an Order and the caption must reflect the parties.
Raymond L. Mariani, Esq.
Principal Law Clerk to Hon. Maria Vazquez-Doles
845-762-5931
Please review the names of Petitioner on docs v RJI - they are all different - we (the Village) have no idea what is being filed here and by who.
Dear Counsel,
Please advise what section of CPLR 3020 is relied upon for counsel to sign the verification.
Ray, see Verified Petition and Corrected RJI and Exhibits to Petition. Copied here is Village Attorney Nugent.
Dear Counsel
I have not received the show cause order in Word as the Court requested.
Please send now.
Thank you.
Raymond L. Mariani, Esq.
There remains roughly 30 more minutes of voting before the polls close at 9pm.
Stay tuned to TPFYi for updates and results.
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Should Elected Officials in The Village Collect a Salary? (Posted 6/16/23)
TPFYI asked the Candidates for Village Mayor the following question pertaining to financial compensation for elected officials:
Successfully running a municipality takes a lot time and hard work. Looking forward, do you believe that elected officials in the Village of Tuxedo Park (specifically the Mayor & 4 Trustees) should be financially compensated for their service as is the practice in the Town of Tuxedo as well as many of the surrounding villages and towns in both Orange and Rockland Counties? Why or why not?
Marc D. Citrin (Challenger - Time For A Change Party)
To: TPFYI
From: Marc D. Citrin
Re: Question No.4-Salary for the Mayor & Trustees
Tuxedo Park is unique in so many ways. We are blessed with a multitude of historic homes, three gorgeous lakes and abundance of verdant forests and wildlife. In addition, we have a long history of citizen involvement in our village government. Since 1952 when the Village was incorporated, the men and women who served as leaders of our community have done so as a public service without remuneration. But now, for the first time, in a breach of this tradition, the incumbent mayor has reached into the pockets of Village taxpayers to give himself an emolument of more than $35,000. Furthermore, in an affront to Village residents, he did not even seek our consent for this change in the terms of his office.
I believe that Tuxedo Park IS different from the surrounding villages and towns. We are a small community of civic-minded and philanthropic people, whose past leaders have worked tirelessly for the greater good without regard for financial compensation. If elected, I will uphold this noble tradition.
In the June 4 public forum at Chastellux, the incumbent mayor proclaimed that he wants to serve another 9 years. Aside from the authoritarian tone of such a statement, another 9 years of this mayor would cost well over $300,000 of our tax dollars. Is he worth it? You must decide. Please vote on June 20. It’s Time for a Change!
David C. McFadden (Incumbent - No Taxes Party)
Dear Neighbors,
I present my response in five parts: 1) Letter, 2) Summary, 3) Exhibit A - A Memo on the use of Referendums from the Village Attorney, 4) Exhibit B - Email from the New York State Conference of Mayors (NYCOM), and 5) Exhibit C – Download the NYCOM 2022 Survey of Salaries.
Please bear with me as I provide a comprehensive response to address Marc's concerns and shed light on approving the salary in the past and future. You know me, I am committed to providing detailed explanations and leaving no stone unturned.
PART 1: LETTER
Question 4 is the concluding question from TPFYI this election. I want to thank them for providing Marc and me a platform to share our perspectives with the residents, particularly those who recently joined our community. Through this process, I hope we have all gained a deeper understanding of how our government functions and the importance of civic engagement.
I also want to extend my sincere best wishes to Marc as we approach Tuesday, the election day. I genuinely appreciate his willingness to step forward and serve our village. It takes courage and dedication to put oneself forward as a candidate, and I respect anyone who embraces this responsibility.
Together, Marc and I have played our roles in this election, presenting our ideas and aspirations for the betterment of our community. Now, it is your turn to contribute by exercising your right to vote next Tuesday. Your vote will demonstrate that our efforts have not been in vain and will shape our village's future. Each vote matters, and I urge you to participate, making your voice heard.
While Marc believes that the salary was approved without sufficient public input and questions the process, I respectfully hold a distinct perspective. It is crucial to address Marc's concerns and clearly explain my position.
Firstly, I acknowledge Marc's emphasis on public input and transparency in decision-making. Public participation is crucial in matters that affect the community, and I value the importance of open dialogue and engagement. However, when determining the mayor's salary, it is essential to consider various factors and balance fairness and practicality. For example, a village cannot just put any topic to a referendum. There must be a specific statutory authorization; there is no statutory authorization to put a budget proposal to a referendum.
Elected officials, including the mayor and four trustees, should be financially compensated for their dedicated service. Successfully running a municipality requires a significant amount of time and hard work, and providing financial compensation is an appropriate and necessary step toward ensuring the effectiveness and sustainability of our local government.
The decision regarding the mayor's salary is not made in isolation or without careful consideration. It involves a comprehensive evaluation of the responsibilities, time commitment, and expectations associated with the role. It also considers the compensation practices of neighboring municipalities and the broader context of public service.
While I respect Marc's viewpoint, the mayor's salary was established through thoughtful deliberation by our elected officials, whom we entrust with making informed decisions on behalf of the community. This process ensures that the mayor's compensation reflects the demands and responsibilities of the position while considering the overall financial health of the municipality.
Compensating elected officials acknowledges their commitment and sacrifices to serve the community. By offering financial support, we can attract a diverse pool of candidates who may otherwise be unable to dedicate their time due to financial constraints. This ensures that individuals from various backgrounds and experiences can participate in shaping the future of our village, bringing fresh perspectives and ideas to the table.
It is worth noting that compensating elected officials is already prevalent in the Town of Tuxedo, in many surrounding villages and towns in both Orange and Rockland Counties, and in most of the 534 villages in New York State. By aligning with these neighboring communities, we can ensure that our compensation practices are fair and consistent, attracting capable individuals who can effectively commit time and energy to govern the Village of Tuxedo Park.
In conclusion, I wholeheartedly support financial compensation to elected officials in the Village of Tuxedo Park. This practice acknowledges their hard work, promotes diversity in our government, and fosters transparency and accountability. By compensating our elected officials, we can build a solid and resolute team that will continue to work tirelessly for the betterment of our community.
Thank you for considering my viewpoint, and I encourage further discussion on this critical matter.
PART 2: SUMMARY
Elected officials, including the mayor and four trustees, should be financially compensated for their dedicated service.
1. Leadership and Accountability:
- The mayor is crucial in providing leadership and making important decisions for the village.
-- It is essential for voters to critically evaluate the actions and behavior of candidates, as they often speak louder than campaign slogans.
- The position carries substantial responsibilities, including overseeing municipal operations, managing budgets, and representing the village in various capacities.
- A salary ensures that the mayor is fully dedicated to these responsibilities and is held accountable for their actions.
2. Full-Time Commitment:
- Being a mayor is often a full-time commitment, requiring substantial time and effort to fulfill the duties effectively.
- The mayor is expected to be accessible to the community, attend numerous meetings, engage with residents, collaborate with other officials, and address issues promptly.
- A salary acknowledges the considerable time and effort required to fulfill these responsibilities.
3. Attracting and Retaining Qualified Candidates:
-- Offering compensation for the mayor's role helps attract a diverse pool of qualified candidates who can dedicate their time and expertise to public service.
-- It encourages individuals from different professional backgrounds to consider running for mayor, bringing valuable skills and experience to the position.
-- Compensation helps ensure the village attracts capable leaders willing to commit their time and energy to the community.
4. Incentive for Dedication and Performance:
-- A salary can incentivize the mayor to demonstrate dedication and deliver effective results for the village.
-- It recognizes the importance of the mayor's work and encourages them to strive for excellence, knowing that the community values and appreciates their efforts.
-- A strong working relationship with elected officials, employees, and residents is critical to successful leadership.
5. Equal Treatment:
-- Offering compensation for the mayor's role ensures parity and fairness with other positions within the village administration.
-- Most municipalities compensate their mayors as a standard practice, aligning with the compensation structure for other public officials in similar capacities.
-- Unlike Tuxedo Park, many villages employ village managers, executive assistants, and part-time mayors.
6. Reflecting the Value of the Position:
-- The mayor's role is vital in shaping the village's future, representing its interests, and ensuring the well-being of its residents.
-- Providing a salary acknowledges the value and significance of the position and underscores the importance of solid leadership for the village's progress and success.
7. Compensation as a campaign issue:
-- Compensation for elected officials is a legitimate and necessary consideration and should not be a campaign issue.
-- Focusing on whether a mayor receives a salary can unfairly cast aspersions on their character and imply greed or ulterior motives.
EXHIBIT A: Memo on the Use of Referendums from the Village Attorney
6/14/2023
Mayor McFadden,
A Permissive Referendum (whether initiated by the Board or resident petition) would not be permitted on the issue of a mayor's salary. Permissive referendums can only be held when specifically permitted/required by statute and there is no basis for a permissive referendum in statute on the issue of a mayor salary increase.
A Mandatory Referendum could occur only if the Village Board sought to enact the proposed change in the mayor's salary by a local law. See N.Y. Mun. Home Rule Law § 24. The local law process would include a public hearing and then subsequently the matter would be placed as a proposition on the election ballot. However, the Village is not required to enact the change by local law, but proceeding by local law is the only way in which a referendum would have been required.
However, the Village enacted the salary increase via the budget process (which is permissible) and resolution of the Board in adopting the budget. There was a public hearing on the budget, so the same opportunity to comment and be heard was afforded as would be the case with local law. Regardless, the Village (unlike Town's) may also enact a change in salaries during the year by resolution under NYS Village Law, Article 5 and the Comptroller's office has issued at least one opinion confirming this.
I cannot speak to the relative costs - but in a mandatory referendum case - the Village would need to draft and introduce a local law to increase the salary, publish public hearing notice in the newspaper, hold the public hearing, and (if the law is enacted), the Village would then need to include the proposition language on the printed ballots at the Village general election. If approved, the Village would then file the local law with the secretary of state and implement the salary increase. Whatever the costs are, the local law/referendum process is certainly more expensive than enacting the increase through the budget process which requires no additional costs since the public hearing is being held anyway on the budget and the only other effort required is adding the salary to the budget documents.
Brian D. Nugent, Esq.
FEERICK NUGENT MacCARTNEY PLLC
96 South Broadway
South Nyack, NY 10960
845.353.2000
845.353.2789 (fax)
bnugent@fnmlawfirm.com
EXHIBIT B: Email from the New York State Conference of Mayors (NYCOM)
From: Barbara VanEpps barbara@nycom.org
Sent: Thursday, June 15, 2023, 10:10 AM
To: David McFadden <dmcfadden@tuxedopark-ny.gov>
Cc: jmancini@nycom.org <jmancini@nycom.org>; david@nycom.org <david@nycom.org>
Subject: Re: Compensation for Mayors
Mayor McFadden,
We typically only share our salary survey results (attached) with those that participate. Tuxedo Park did not participate but I simply ask that you fill out a hard copy of the survey (also attached) when you can, and we will add you to the results.
The mayor's salary is typically set as part of the budget process and does not require a local law or referendum. It is approved as part of the budget via resolution.
Please let me know if you have any additional questions.
Barbara Van Epps
EXHIBIT C: Download the NYCOM 2022 Survey of Salaries
Download NYCOM 2022 Survey of Salaries
BONUS: Download a pdf of Mayor MACs Answer to Question 4
BONUS: Download a pdf of Mayor MACs Answer to Question 4
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The Candidates for Village Mayor Sound Off on The Wee Wah Beach (Posted 6/14/23)
TPFYI asked the Candidates for Village Mayor the following question about membership at the Wee Wah Beach:
Do you believe the Village should extend Membership eligibility at the Wee Wah Beach to include all Town residents who live in the Hamlet section of Tuxedo as well as First Responders and their immediate families, which is the way it was for more than 50 years prior to 2018. Why or why not?
Below please find their unedited responses in the order they were received:
Marc D. Citrin (Challenger - Time For A Change Party)
To: TPFYI
From: Marc D. Citrin
Re: Question No.3-Wee Wah Beach
If elected mayor, I will not “turn back the clock” by proposing that operation of the beach be returned to the Wee Wah Beach Club.
However, as a volunteer member of the Executive Committee of the Wee Wah Beach Club from 2018-2021, I worked on behalf of both Village members and Town hamlet members to provide the best possible experience at the Wee Wah Beach. In 2020, when the incumbent Village mayor first proposed restricting hamlet membership to the 2019 roster, I opposed his attempt to breach decades of tradition, which had allowed a small number of hamlet residents, who lived within set hamlet boundaries , to enjoy summers at Wee Wah Beach. In addition, I opposed any effort to restrict the membership of the brave First Responders from our Volunteer Fire and Ambulance Corps, who may be called upon at any moment to save the lives of our residents in distress.
If I am elected Mayor, I will propose that the Board Of Trustees restore the membership qualifications for hamlet residents and First Responders as it existed for 50 years prior to 2020. This would allow for additional revenue to cover the cost of the very expensive annual management contracts that the incumbent mayor signed with a private company, when he removed the Wee Wah Beach Club as the operator of the beach in 2021. It should be noted that when the Wee Wah Beach Club was in operation, the Village received an annual rent payment from the Club. Now with the Village operating the beach, it is unclear whether the cost of the management contract plus the cost of village-employed gate checkers exceeds the membership revenue, resulting in a net loss. My proposal to re-open hamlet and First Responder membership would help close any such income gap.
In addition, the incumbent mayor speaks of improvements made since the Village took over operation of the Beach. This point is specious, as the Wee Wah Beach Club was a seasonal tenant. The Village has always owned the land and could have made improvements years ago, but failed to do so.
David C. McFadden (Incumbent - No Taxes Party)
Dear Neighbors,
I appreciate the opportunity to address this question and provide some insights. It is always valuable to have the chance as an incumbent candidate to respond to inquiries presented by TPFYI.
My opponent served on the Wee Wah Beach Club Executive Board for years, and I wonder if my opponent intends to reverse control of our cherished village property back to the hamlet against the will of most village residents. He likely has the support of Trustee Kasker and could persuade one other for a majority.
All boards must carefully consider the long-term implications of terminating the village administration of the Wee Wah property. Returning the control of the property to the hamlet is a mistake, in my opinion, and as mentioned, would be met with significant opposition from village residents. Under village control, substantial improvements have been made to the property. The village has already announced plans to build a playground this summer. And the longstanding tradition of sharing our lake and park with the hamlet remains unchanged.
Prior precedent established today's membership policies. The board will solicit all stakeholders before acting if membership rule changes arise. The more voices participating, the more informed we will be, and the better the decision.
The administrative responsibilities and burdens associated with the property no longer fall on the hamlet's shoulders, and former board members have expressed relief to me in private. One of the many benefits of our fledging relationship is Wee Wah Park has become a revenue stream for village taxpayers. Increased memberships from village residents contribute to this revenue stream. Further, the Committee has received generous donations precisely for park improvements.
My conversations with hamlet members indicate their appreciation for the improvements made to the facility. Hamlet members have approached me personally to express their gratitude for not raising membership fees and admiring the improvements we made this season at no cost to them. The hamlet's appreciation of this board's efforts is noted and has fostered a newfound respect, increasing socialization between village and hamlet members.
I firmly believe that the best is yet to come for our community park, and this board is committed to continuing its progress. The Wee Wah Park is our only outdoor gathering spot, with 20,000 sq. ft. of a new lawn, and we are planning several annual events available to town and village residents.
Thank you for allowing me to address this topic. My board and I remain dedicated to serving the best interests of our residents and hamlet members as we move forward.
Sincerely,
David McFadden
Resident since 1994
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Mayoral Candidates Talk about Tuxedo Farms and Potential Risks for Tuxedo Park ( Posted 6/9/23)
TPFYI asked the Candidates for Village Mayor the following question about Tuxedo Farms and the possibility of associated risks for the Village:
Do you feel the approved Tuxedo Farms Development of 1600 residential units poses any risks for our Village? If so, What are they and how should they be mitigated?
Below please find their unedited responses in the order they were received.
David C. McFadden (Incumbent - No Taxes Party)
Thank you for asking this critical question. I support the Tuxedo Farms development and hope it will strengthen the tax base and public school enrollment and possibly attract new businesses to our town over time.
Tuxedo Farms and neighboring developments will increase the Town of Tuxedo population. It is logical that with more people comes an additional risk of people exploring our trails, paper roads, and eventually our paved roads and lakes. During the candidate forum at Chastellux, I emphasized these particular risks of the Tuxedo Farms development as my second priority.
If I have the privilege of being reelected, our board will effectively tackle security. We will collaborate with the village and town police force, external experts, and residents closest to our village boundaries. As we strive to enhance security, we will strike a balance that does not make residents feel excessively constrained or restricted.
We will also consider security measures related to the Tuxedo Park School and Tuxedo Club by engaging stakeholders to ensure that appropriate security measures are in place to safeguard the well-being of our students, school community, and club members.
By approaching these matters with care and a commitment to the best interests of our residents, we can collectively navigate the path toward a safer and more secure Tuxedo Park.
Thank you for your time, and please get in touch with me directly if you have any questions at (917) 576-2484.
I humbly ask for your early vote now by absentee ballot or in person on election day, Tuesday, June 20th, at the village hall from 7:00 am to 9:00 pm.
David McFadden
Resident since 1994
Serving as Mayor for Nine Years
Marc D. Citrin (Challenger - Time For A Change Party)
Date: June 8, 2023
To: TPFYI
From: Marc D. Citrin
Re: Question No.2-Tuxedo Farms Development
There is no question that a development the size of Tuxedo Farms will have both positive and negative impacts on our community. On the “plus” side, there could be an improved Tuxedo business district which may contain perhaps, a needed supermarket and a bank, to serve the larger population. In addition, an increase in the tax base as a result of an addition of 1,600 homes could result in the lowering of school taxes.
However, as a gated community, our residents moved to Tuxedo Park for its architectural and natural beauty as well as for security and privacy. The concerns that have been raised about this huge development so close to our Village border include increased traffic and noise as well as trespassing into our Village. While the issues of traffic and noise in a surrounding municipality have been, and should continue to be addressed, and as your mayor I will do so with officials of the Town of Tuxedo and Orange County, the issue of trespassing, both inadvertent and intentional can be handled by our competent and vigilant police department. At this time, even before any shovels have been placed in the ground to begin home construction, I am not in favor of spending additional tax dollars on security measures such as additional fences or gates, that may not be required.
However, should the need arise, and the Village police request additional assistance, I am prepared to consider additional signage and gates, as well as enhanced security measures such as electronic surveillance of the trails (assuming improved cell service) and the use of drones.
I personally do not want to create a “Fortress” Tuxedo Park. Tuxedo Farms will be constructed in phases, starting with sections close to Route 17 and farthest from the Village borders. During the years construction takes place, the Village government should monitor the development and take reasonable and appropriate action to ameliorate any problems that develop
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Tuxedo Park Stewardship Forum June 4, 2023 (Posted 6/4/23)
Click here to listen to a complete, undedited, audio recording of the June 4th Stewardship Forum.
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Election 2023 - Bigger Boats & Docks on Tuxedo Lake? (Posted 6/3/23)
TPFYI asked the candidates for Village Mayor the following question with regard to possible changes to the Village Code as it pertains to permissible boat and dock sizes on Tuxedo Lake:
At their April 19 meeting, the Board of Trustees discussed the idea of amending the Village code to increase the allowable length of boats on Tuxedo Lake from 20 to 25 feet. Additionally, they considered adjusting the allowable dock size from 10 feet to 26 feet. In response, the public raised a number of questions and ultimately it was agreed that the community at large should be surveyed, although this has not yet taken place. In your view, should the Village amend its code, Chapter 65 - Lakes and Ponds, to allow for an increase in both dock and boat size on Tuxedo Lake? Why or why not?
Below please find their un-edited responses in the order they were received.
Marc D. Citrin (Challenger - Time For A Change Party)
Date: June 2, 2023
To: TPFYI
From: Marc D. Citrin
Re: Question No.1- Proposed Increase in Boat Size and Dock Size
Tuxedo Lake belongs to all residents. It serves as our reservoir, as well as a venue for recreation,
including boating and fishing. As a member of the TP Boat Club I have enjoyed the opportunity
to use both a kayak and rowboat on the Lake. While a guest, I have enjoyed travelling the Lake on a
pontoon boat at sunset.
As stated by Professor Jim Hayes at a recent BOT meeting: “The Lake is not getting any bigger”. With
that thought in mind, as a community, we must consider whether placing larger vessels and
correspondingly larger floating docks benefits the Village at large or a small segment of the population.
No doubt larger boats will accommodate more passengers, but will the increased boat size plus
construction of larger floating docks impact water quality or cause the growth of algae and additional
milfoil? We must obtain expert advice before making a decision.
At the April Board of Trustees meeting, I suggested that either a referendum or a survey be presented to
Village residents, for their opinions on the issue of bigger boats and bigger docks in Tuxedo Lake. At that
meeting, the Mayor agreed to conduct a survey. However, at the May Board of Trustees meeting, when
questioned why a survey had not been circulated, the Mayor responded: “we haven’t gotten to that”
which was followed by “other issues are of higher priority”.
While I personally oppose amending Chapter 65 -Lakes and Ponds of the Village Code to allow larger
boats and larger docks for the benefit of the few , I believe that all interested residents should be
permitted to express their views as to the efficacy of this proposal.
David C. McFadden (Incumbent - No Taxes Party)
Dear TPFYI,
Thank you for raising this crucial question. The lakes in our community serve as sources of recreation and vital drinking water resources. We must carefully consider the impact that all manufactured elements have on the beauty and preservation of our lakes and the delicate balance of mammals, birds, reptiles, amphibians, and fish they support. Reflecting upon when these lakes existed naturally, free from homes, lawns, gardens, built structures, dams, and other human interventions, is essential.
Introduction
By acknowledging the original natural state of the lakes, we can better appreciate the need for responsible stewardship and the importance of minimizing the adverse effects of human activities. We must be mindful of the cause-and-effect relationship between actions, our lakes' well-being, and the diverse wildlife that depends on them. Striking a balance between development and conservation is crucial to maintaining our lake's integrity and natural beauty while ensuring our community's sustainability and use.
As we move forward, we must continue to prioritize environmental considerations and make informed decisions that protect the ecological health of our lakes. By adopting sustainable practices, promoting responsible land and water management, and engaging in ongoing dialogue with experts and stakeholders, we can strive to preserve the pristine nature of our lakes for generations to come.
I am committed to working with residents, environmental organizations, and local authorities to ensure our lake's long-term health and preservation and its surrounding ecosystems.
Response
During my first term as mayor, our Board made essential decisions regarding expanding docks and moorings at The Tuxedo Club to accommodate additional boats. We also supported the expansion of The Village Boat Club, increasing the number of available docks and boats and recognizing its significance as a critical asset to our community, with 70 members.
The Local Law limiting dock size and boat length to 10 and 20 feet was approved by a prior board. Our Board is considering revising this law, but our discussions are still in the early stages. We are carefully considering various factors, including the maximum length of docks and boats allowed by waterfront property owners on the big lake only, exploring restrictions on new electric propulsion systems, safer battery technology, top speed, and innovative electric-powered boats. Many of these boats are longer than 20 feet.
We recognize that in marinas and waterfront dockages worldwide, docks are often designed to match or exceed the length of boats. This ensures personal safety, prevents damage to the boat's hull, and enables proper tying and cleating. It also provides access to clean the entire boat safely and efficiently after each use. But that does not mean longer docks and boats translate to a lake our size.
While we have engaged in debates during our scheduled board meetings and public hearings, we acknowledge that we have only scratched the surface of these complex issues. We value the opinions and input of residents and experts and are eager to engage in a comprehensive debate encompassing this question's abovementioned aspects. I, the mayor, and the Trustees must approach this issue with an open mind, considering all points of view.
Conclusion
The Board firmly believes that making a definitive decision before hearing all sides and gaining a deeper understanding would be irresponsible. My vote is just one among five duly elected officials on the Board, and we will each vote independently on this issue. It is crucial that everyone who wishes to speak is heard and that we hear from all sides before reaching a confident decision.
In line with what occurred in 2005-2007, The Tuxedo Club and The Village Boat Club may apply for additional docks and boats. We want to be prepared and open-minded if an application occurs on our watch. We will approach these matters through the lens of maintaining the peace and tranquility the residents are accustomed to, honoring the historical significance of our park, and recognizing that as Tuxedo Lake serves as our reservoir, all our decisions will be subject to government agency regulations and permits.
I am fully committed to ensuring that the deliberations on these matters are thorough, inclusive, and mindful of the best interests of our community and its natural resources, and I will vote accordingly.
Sincerely,
Mayor Mac
Resident Since 1994
Having Served Nine Years as Village Mayor
Both candidates will be participating in a Stewardship Forum this coming Sunday, June 4, at Chastellux (174 East Lake Road) where they are expected tp discuss important
issues at stake in the Village community. All village residents are invited and encouraged to attend. TPfyi will provide coverage following the event. Additionally, please check back on a regular basis as we will continue to present that candidates with issue driven questions leading up to the election on June 20.
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Meet the Mayoral Candidates (Posted 5/26/23)
In an effort to help residents get a better idea of who the candidates for Village Mayor are, why they have chosen to run and what their priorities will be if elected, TPFYI presented each Candidate with the following questionnaire. Below, please find their unedited responses in the order they were received.
David C. McFadden (Incumbent - No Taxes Party)
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Spouse: Robin.
Son: Jake
Pet Dog: Brock (Chocolate Labrador)
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Education in architecture at the University of Miami, FL, and Pratt Institute, Brooklyn, NY.
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Village of Tuxedo Park - present. Consulting For Architects, Inc. 1986 - present
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Years of residency in the Village
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(29) Tuxedo Park Resident Since 1994
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Town of Tuxedo Architecture Review Board, Village Trustee, Village Mayor.
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Volunteer Work in the Village or Town of Tuxedo
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Town of Tuxedo Architecture Review Board, Village Trustee, Three Terms of Village Mayor, Grounds Committee St Mary's Church, Usher St. Mary's Church, Multiple Liaison Duties to Village Committees and Police Committees, Citizens Committee for Fiscal Conservatism.
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Briefly, why are you running for Village Mayor?
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To serve the residents and employees of this community and preserve the historical significance of Tuxedo Park, including our way of life, the water and forests, historic designation, safety and security, financial success, health, wellness, and the community's well-being.To pay my debt to this community whose residents gave us so much love and support when we lost our beloved son Derek
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What skills and attributes will you bring to the Village Government?
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This job requires intelligence and patience, multitasking, business acumen, negotiation, and mitigation skills, human resources experience, budgeting comprehension, vendor management abilities, bidding and RFP experience, employee administration, managing a police department and Chief, and union negotiation skills. Experience in project management, problem-solving, grant writing, waste management, municipal law, infrastructure expertise, water and sewer production, systems awareness, equipment inventory, and road safety are necessary to be an effective mayor, as well as broad knowledge of legal matters, architecture and design, construction, financial planning, environmental awareness, mitigation skills, and risk management.
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What are the three most important issues currently facing the Village?
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Lowering Property Taxes Again, as I have done numerous times, and Financial Planning and risk and debt management.
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Infrastructure planning maintenance and repair planning and revising our I&I and State Pollutant Discharge Elimination System (SPDES) Permit Program and potable water output to within 20% of sales.
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Preserving our racetrack and open spaces at the Wee Wah Park and continued improvements to our lakes, reservoirs, and forests, including Milfoil eradication and implementing the advice of our lakes manager and citizen committees.
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Are you willing to answer issue- driven questions leading up to the election with answers to be posted on TPFYI.COM?
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Marc D. Citrin (Challenger - Time For A Change Party)
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Sheila Tralins (spouse) and three adult children, one granddaughter
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Juris Doctor (J.D.) from Fordham Law School (1981)
Bachelor of Arts (B.A.) in Political Science from SUNY at Stony Brook (1978)
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A trial lawyer in solo practice with an office in White Plains, NY
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Years of residency in the Village
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Resident of the Village since October 2015
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Acting Village Justice-Village of Tuxedo Park 2016-2017
Acting Village Justice-Village of Montebello (Rockland) 5 years
Trustee-Village of Montebello (Rockland County) 7 years
Arbitrator & Mediator, Bronx County Small Claims Court 5 years
Lieutenant Commander-US Naval Reserve JAG Corps 1983-1991
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Volunteer Work in the Village or Town of Tuxedo
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Member, Town of Tuxedo Zoning Board of Appeals 2020-Present (salary waived)
Member, Board of Directors of Wee Wah Beach Club 2018-2022
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Briefly, why are you running for Village Mayor?
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As chief executive of the Village, it is the duty of the mayor to represent the interests of all residents. In the past six years, the incumbent mayor has grown domineering and unforgiving. At public meetings, residents’ opinions are no longer given due consideration and respect. Major issues facing the Village including the budget, this mayor’s $35,700 annual salary(which I will return to the Village) and degradation of the lakes, forests and wildlife are decided with short notice and limited opportunity for public comment. In many cases, the incumbent mayor remains silent on controversial proposals when his advocacy and leadership is required. In addition, there is also a sense that Village Hall has become unfair and unequal in its interactions with residents. All of this must change. I am offering a return to civility, compassion and common sense in the operation of our local government. Our Village possesses a wealth of knowledge among residents in Finance, the Environment & Technology. I intend to open the government to all who are interested in participating, especially our young families, to make Tuxedo Park an even better place to live and raise our children.
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What skills and attributes will you bring to the Village Government?
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My experience as an attorney, judge, and arbitrator has allowed me to approach even the most difficult issues with an ability to gather the evidence, weigh the options and reach an impartial, reasoned and equitable decision. My experience as a mediator has taught me to be a good listener and to treat all sides and opinions with respect and due consideration.
My seven years of experience as a Trustee on the Village Board in Montebello provided me with the opportunity to deal directly with infrastructure, budgeting, taxation and all other local government issues.
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What are the three most important issues currently facing the Village?
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- Governance-A Village Hall that works for all the people, all the time, with equality and kindness.
- Environment-Protecting the Lakes & Reservoir, Forests, Ridgelines and Viewsheds
- Preserving Property Values by: (A) improving infrastructure, including especially cell service & road maintenance; (B) judicious spending to control taxes; (C) maintaining the historic architecture and unique beauty of Tuxedo Park.
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Are you willing to answer issue- driven questions leading up to the election with answers to be posted on TPFYI.COM?
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Two Candidates vie For Mayor in Tuxedo Park Election While Trustees Run Unopposed (Posted 5/17/23)
The following two candidates have submitted nominating petitions for the position of Village Mayor. They are:
David McFadden (incumbent - No Taxes Party)
Marc D. Citrin (Challenger - Time For A Change Party)
Additionally, the following two candidates are running unopposed for the position of Trustee:
Paul Brooke (Independent Party)
Joshua Scherer (Lakes and Forest Party)
The Village of Tuxedo Park Elections will take place on Tuesday, June 20 from 7am-9pm at the Village hall. Be sure to check back with TPFYI in the coming weeks for more information about the candidates!
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Village Update (Posted 5/10/23 - From Village of TP Website)
The Fiscal Health of the Village has never been better
As important as we take public safety and infrastructure maintenance and repair, our role as fiduciaries is sacrosanct.
We evaluate our success in meeting or coming in below our current 2022-2023 budget and keeping a tight grip on any potential increase in our property taxes. Failure for us is going above New York State's mandatory property tax cap of 2% - we are far below it.
With that in mind, I am pleased to tell you that we came in under budget this year and continue to build our reserves. Because of our oversight, we will not see a jump in property taxes this year, keeping with our commitment as elected officials to keep our property taxes as low as possible. As of May 10, 2023, the board projects that we will come in 6.51% under the adopted 2022-2023 budget.
The outlook is even better for the 2023-2024 budget cycle we completed last week. We are excited to deliver a fiscally conservative budget without sacrificing the services essential to Tuxedo Park’s quality of life. As it stands, 2023-2024 Property Taxes are 1.7621% lower year-over-year. We achieved this decrease without dipping into our unallocated surpluses.
In a recent stress test conducted by the Comptroller’s Office, the Village received an excellent score and is in sound financial health. This year we will ask Standard & Poor’s to increase our credit score from its current rating of AA/Stable (up from AA- in 2021), which will help us borrow at the best available interest rates, as well as our ability to overcome the significant inflationary pressures and increased utility costs we are experiencing.
I thank my fellow Board members for their input and expertise and single out Deputy Mayor and Budget Director Tinka Shaw for her expertise and daily focus on our budget with the assistance of Elizabeth and John by her side daily. I also thank DPW Supervisor Jeff Voss and Chief Dave Conklin for their solid departmental budgeting and oversight. Finally, I want to thank the Village residents for their support and confidence in our ability to manage their budgets, tax dollars, and investment in our community. We are humbled and honored for the opportunity.
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Earth Day in Tuxedo Park (Posted 4/25/2023)
Earth Day in Tuxedo Park was celebrated with students from the Tuxedo Park school at the Race Track Nature Preserve.
A fun and informative morning was had by all led by Tree Advisory Board members Jill Swirbul and Christopher Gow along with RTNP friends and supporters Barbara and Peter Regna. Some Red Trillium spring ephemeral native flowers popped up too, approving of the appreciation and respect given to our planet by all generations of environmental stewards in our beloved village.
Arbor Day and the importance of our trees will be celebrated next on Friday, April 28 at the Wee Wah Park & Beach Club, 3:00 PM. All are welcome - so bring a shovel and help plant some trees or just come and cheer us on!
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Village of Tuxedo Park Approves Tentative 2023/2024 Following Brief Public Hearing (Posted 4/19/23)
The Village of Tuxedo Park posted the preliminary 2023/24 budget to their website for public review on Wednesday 4/19 at 3:30pm.
The public hearing was both opened and closed that evening at their 7pm meeting.
The Board can and will continue to make changes to the budget over the coming days. A meeting was set for Friday, April 28 at 10am for further discussion.
Click here to view the preliminary budget
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Village BAR Chair Resigns To Accept Position on AMFP National Board (Posted 3/6/23)
Village Board of Architectural Review Chairwoman Paola Tocci has resigned her position on the BAR effective March 3, 2023. Tocci has been selected to serve on the National Board for the Association of Medical Facility Professionals and does not feel that she will have adequate time to devote to serving both boards. In her letter of resignation below, Tocci expresses her regret at having to move on as well gratitude for having been given opportunity to serve the Village.
Dear David:
Please read the e mail below from Rod Armstrong, V P and Jeffrey Kent, President of AMFP. I have received the great news that I have been selected for a position on the National board of AMFP. I was invited to submit my qualifications last October. It is a two year term. It has now finally been made official as of yesterday, 3/2/23. This National organization represents all the healthcare facilities in the USA. It is a tremendous opportunity for me and my firm; one that I can not pass up.
I have thought long and hard about how I could be Chairperson of this National board and the Chairperson of our Village BAR. It is with sincere regret that I have come to the conclusion that I can not be Chairperson of both and have the time to devote to having each board achieve the standard of excellence that I am accustomed to.
I am submitting this notice of resignation as BAR member and Chairwoman effective at the end of business today, March 3, 2023.
Thank you for giving me the opportunity to serve.
Kind regards,
Paola Tocci, Assoc. AIA
CEO+ President
The Tocci Group
140 Broadway
25th Floor
N. Y. , N. Y. 10005
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Optimum is Building its Fiber Optic Infrastructure in Tuxedo Park (Posted 2/21/23)
On February 22 Mayor McFadden announced that Optimum is building its fiber optic infrastructure in the Village of Tuxedo Park with the expectations of offering improved services, including faster internet speeds and 5G in the future.
The build-out of the primary wires is expected to take approximately five weeks. When the build-out is complete, Optimum will send out mailers offering fiber optic services.
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Village Lawsuit Settled (Posted 1/9/23)
Following an executive session at the Board of Trustees meeting on December 21, Mayor McFadden announced the settlement of a 5 and half year litigation between the Village of Tuxedo Park and resident Sean Madden.
The Article 78, filed by Madden in June of 2017, cited both former Trustee Claudio Guazzoni and (by association) the Village of Tuxedo Park for violations of New York’s Freedom of Information Law (FOIL)
FYI - What Happened:
Pertinent Documentation can be found by following the links below
- Madden’s May 2017 Ethics Inquiry/Complaint can be found here
- The opinion from The Committee on Open Government can be found here
- The Deputy Mayor’s Response to COOG opinion can be found here and the letter from the Village Attorney referenced therein can be found here
- Maddens' June 2017 letter to the community outlining why he filed suit can be found here.
- A copy of the article 78, as filed on 6/6/17, can be viewed here.
- The August 2022 Court Ruling can be found here
The Settlement:
Ultimately, the court ruled in Madden’s favor and the Village was ordered to comply with the original FOIL request and also to reimburse him for his legal expenses, which total $105,000.
Terms of the settlement include a donation to the Village from the Madden Family for use at the Wee Beach as well as for unbudgeted beautification projects and also a formal censure for former Trustee Guazzoni.
The Trustees voted unanimously in favor of accepting the settlement as proposed and approving the censure. The signed agreements can be found here and here.
* In August of 2017 the Board of Trustees adopted official New York “.gov” email accounts for Trustees, thereby providing the records access officer unfettered access to Trustee e-mall records.
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Mayor's Holiday Message (Posted 12/23/22)
Dear Neighbors and Friends,
Our beautiful village entrance is now decked out in its holiday finery. Many thanks to everyone who helped make the holiday decor a success! Our local traditions (new and old) are part of what makes Tuxedo Park such a special place to live and visit.
This is the time of year when I reflect on the past and ramp up efforts to prepare for what lies ahead. As I look forward to the year ahead, I first want to thank you for the honor and privilege of serving you and our community as your Mayor. The Board is excited for the year ahead.
On behalf of Tinka Shaw, Deputy Mayor, Trustees Chris Kasker, Joshua Scherer, and Paul Brooke, we wish everyone a Merry Christmas and Happy Healthy Holidays. May the New Year bring you an abundance of joy and happiness.
Warmest regards,
Mayor David McFadden
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Capital and Infrastructure Projects Year End Update (Posted 12/15/22)
n accordance with your request, we have prepared this summary memo to provide an end-of-the-year status update on the capital and infrastructure projects for which Weston & Sampson has provided support to the Village:
1. Dam Safety Inspections: Dam safety inspections were completed for the Tuxedo Lake, Pond 3, and Wee Wah Dams. The results of the inspections were compiled within summary reports issued to the Village in October of 2022. The dams were generally in sound condition; however, some operational deficiencies were identified within the Wee Wah Dam. The Village has implemented temporary measures to address these issues and is consulting with the engineer-of-record for the dam upgrades that were conducted in 2019 for long-term repairs.
2. Trunk Sewer Investigation: An investigation of trunk sanitary sewers that surround the lakes was conducted late last year and into 2022. The investigation focused on sections that were shown to be constructed with vitrified clay pipe, which is susceptible to infiltration. We are pleased to report that the investigation was completed well under the contract budget of $91,600, with an invoiced total of approximately $49,520. The defects identified from the investigation are currently in the process of being repaired within the Sanitary Sewer Evaluation Survey (SSES) project described in the next bullet.
3. Sanitary Sewer Evaluation Survey (SSES) project: The sewer rehabilitation work within the vicinity of Continental Road, Clubhouse Road, Stable Road, Circuit Road, Serpentine Road (referred to as Sub-Basin 2), and Turtle Point Road (referred to as Sub-Basin 10), has been completed. The project was funded by an EFC grant and EFC financing. The project finished under budget and the remaining funds were used for additional sewer repairs on the trunk sewer on the west side of Pond 3, between the Pond and West Lake Stable Road, which was a result of the Trunk Sewer Investigation described above. The majority of those repairs were completed in November of 2022, with the remaining work anticipated to be completed in December 2022. Upon completion of this work, it is anticipated that the overall construction contract will finish under budget.
4. Tuxedo Lake Water Main Replacement: The design of a replacement water main that crosses Tuxedo Lake is nearly complete and is expected to go to the Orange County Department of Health for Permitting. Once permitted, the project documents will be ready for construction once funding becomes available or in the event, an emergency replacement is warranted. Due to the complicated nature of the replacement of this nearly 80-year-old section of critical infrastructure, which provides water to the southwestern side of the Village, this project was a proactive effort put forward by the BOT to reduce potential repair costs in the event that this pipe was to fail.
5. Mountain Road Water Main Replacement: The design scope has been expanded to include the replacement of the water mains within the Mountain Road, Schoolhouse Road, Schoolhouse Lane, Circle Drive, Spartan Place neighborhood. Topographic survey, underground utility location, and geotechnical evaluations are being conducted in the month of December, with design and permitting to follow in early 2023 once all of the field information has been obtained.
6. Water Treatment Plant DOH Coordination: We have provided a response letter, on behalf of the Village, to the Orange County Department of Health’s comment letter that resulted from their site visit in 2020. The response letter included proposed modifications to the water treatment plant’s clearwell and a de-rating of the capacity of the plant to match its current physical water production capacity to address administrative issues noted. We are awaiting the DOH’s acceptance of the response letter to implement the necessary modifications.
7. Town of Tuxedo Water System Pressure Monitoring: Weston & Sampson supported the Village in selecting a pressure gauge that records pressures at the Town of Tuxedo pressure-reducing valve station. This gauge records data and reports real-time information back to the Village to aid in determining if pressure spikes are the cause of water main breaks experienced within the Town of Tuxedo portion of the water system.
8. District Area Water Metering: Weston & Sampson has been assisting the Village in trying to identify areas within the Village’s water distribution system contributing to water loss. The concept is to separate the water system into smaller sub-areas and meter the water used vs. water billed. This approach allows for the Village to cost-effectively, self-perform a water loss assessment while being able to focus on specific areas of the water distribution system. The first area that is currently under analysis is within the Mountain Farm Road, Camp Comfort Road, and Ivy Road sub-area.
9. Stormwater Infrastructure Asset Mapping: The Village maintains comprehensive GIS mapping for the water distribution system and sanitary sewer collection system. Detailed mapping is not available for the stormwater system, which drains to the Village’s lakes. Weston & Sampson will be working with the Village DPW to locate and map the Village’s stormwater system over the next 6-12 months. This mapping can then be used to aid in the implementation of stormwater treatment and green infrastructure technologies for stormwater runoff that enters the lakes.
Joseph Zongol, PE, NICET III, Project Manager
Weston & Samson
Village Engineer
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Village Seeks Website Maintenance Volunteer (Posted 11/10/22)
The Village seeks a freelance individual to manage the daily upkeep of the village website.
They estimate the commitment is one-half hour per day. There is minimal (if any) design required, and the tasks mainly consist of posting approved meeting minutes and video recordings of meetings.
If interested, please get in touch with Mayor McFadden at dmcfadden@tuxedopark-ny.gov
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Fall Community Pick Up Sunday, October 30 (Posted 10/24/22)
Dear Neighbors, we had a successful litter cleanup in the spring (thank you!) and would like to repeat it in the fall.
Though fallen foliage poses a challenge for spotting litter, we can still make an impact! Please join if you are available.
Call for Volunteers:
Roadside Litter Cleanup FALL 2022 in the Village of Tuxedo Park
When: Sunday 10/30/22 8am - 9:30am
Who: Any Village resident / property owner / family member
What: Cleanup of roadside litter
Where: Inside the Village of Tuxedo Park, any public roads
Why: We can make an impact to keep paper, plastic and other litter out of our forests and waterways, including our reservoirs. It's an opportunity to come together for a good cause and walk to get some exercise for an hour or so!
How to participate:
Please email me indicating your interest in helping and the roadway/area you would like to patrol and clean up. Knowing who wants to participate and where, we can spread volunteers to some key areas. Any time you can dedicate is appreciated.
Please reply email as follows to indicate participation and street location:
Jacob Matthews: jacobpenningsmatthews@gmail.com, or text cell: 914.588.8001
IF you would like to pick up a couple of large contractor style garbage bags and some basic latex gloves, I will leave some at Village Hall on Saturday 10/29 for you to pick up.
No matter where you are patrolling:
1. Watch for traffic
2. Wear bright-colored and reflective clothing
3. Do not pick up sharp objects with your hands; please utilize a tool. (more info below)
4. Do not enter private property - reach from the roadside and gather what you can!
Basic tools such as this one can be picked up on Amazon or at local home improvement stores https://www.amazon.com/Grabber-FitPlus-Premium-Reacher-Warranty/dp/B06XH4ZZL9/
The Village will provide the option to drop off any garbage in closed bags at the DPW in case you don't want to take the garbage home.
Thanks for participating if you can.
Sincerely,
Jake
Jacob Matthews
87 Pine Rd
Tuxedo Park, NY 10987
cell - 914.588.8001
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Halloween Celebrations in Tuxedo Park (Posted 9/30/22)
The Board voted to hold this year’s Village Halloween celebration on Saturday, October 29.
The Police Department will have extra Police Officers on duty from 5:00 PM on Clubhouse Road and Tower Hill Road. The official calendar date of Halloween this year is Monday, October 31. We believe holding Halloween on Saturday evening will give the children of weekenders and full-time residents the best opportunity to celebrate together. If homeowners in other areas of the Village would like to receive Trick or Treaters, please let us know by contacting Elizabeth at the Village Office at edoherty@tuxedopark-ny.gov. Several volunteers have offered to help get the word out internally.
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Join The Board of Architectural Review or the Planning Board (Posted 9/1/22)
The village has positions on the Board of Architecture Review (BAR) and Planning Board (PB).
Architecture, design, construction, planning, or legal experience is preferred but not required. Please send your resume, brief bio, and cover letter to Clerk Elizabeth Doherty at edoherty@tuxedopark-ny.gov. Candidates will meet with members of the BAR or PB and the Board of Trustees. Interviews are to begin in late September. We appreciate your interest.
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Treating Lakes For Undesirable Algae Bloom (Posted August 17, 2022)
Today we have begun treating Tuxedo Lake for certain algae blooms responsible for the water's green color.
One of our lake's managers, Solitude Lakes Management, in coordination with our head lakes manager, A.J. Reyes from N.E.A.R., will apply copper sulfate from a small boat beginning today. Copper Sulfate has been our go-to method of treating our algae bloom for over 50 years and does not affect the drinking water, aquatic plant life, fish, and birds.
Mayor MAC
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Wee Wah Beach Club Reopens to Swimmers! (Posted 8/8/22)
The Wee Wah will reopen tomorrow for swimmers. No toxic green/blue algae blooms were identified visually or through testing.
I thank our consulting lake professionals, A.J. Reyes of NEAR and Bob Schindler of Solitude Lakes Management, for their guidance and quick response to our safety concerns for the WWP&BC and Town Summer Camp members and the users of Pond No.3 and Tuxedo Lake. I also thank the Orange County Department of Health for their field visit today and for clearing the Village to reopen our lakes for recreation.
Mayor Mac
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Suspicious Algae Bloom in all Three Village Lakes (Updated August 6)
The lack of rain and heat may be behind the early algae bloom we see in the lakes.
Earlier in the week, I contacted our Lakes Manager, A.J. Reyes of NEAR, and Bob Schindler of Solitude about the growing algae bloom. Jeff Voss, the Water plant DPW Supervisor, Independently sent photos of the algae bloom to A.J.
We don't know if the algae bloom is toxic. Solitude lakes Management will be here Monday for testing. If it's toxic, water activities at the Wee Wah and Pond No. 3 will be prohibited for an unknown period. I'm asking for advice from A.J. and the Village Attorney if we should stop water activities out of caution until we have lab results taken Monday. You may have noticed that Lake Welsch in Harriman State park has been closed for weeks due to a toxic algae bloom.
We have a standing permit for treating Tuxedo Lake and Pond No. 3 for algae blooms but not for the Wee Wah. I have a call into the DEC regarding an emergency permit for the Wee Wah if the algae bloom tests toxic.
Mayor Mac
**August 6 Update**
On the advice of our Lakes Manager, the Wee Wah and Pond No. 3 are closed to swimmers until further notice. Boating and fishing may continue if hands are washed after coming into contact with water. Thank you for your understanding and cooperation.
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Preliminary ProcellaCOR Results for Tuxedo Lake (Posted July 27)
The Village is in receipt of preliminary results from the initial ProcellaCORE treatment of Tuxedo Lake. Earlier this year the Trustees voted in favor of treating the reservoir with the herbicide in an effort to combat and control the invasive Eurasion Water Milfoil. The report reads as follows:
On Friday, July 22nd, NEAR staff performed a visual inspection of the shoreline of Tuxedo Lake to preliminarily assess the effectiveness of the ProcellaCOR treatment. There were multiple notes from residents that the treatment was effective in some areas and not in others. NEAR staff did not find any live Eurasian watermilfoil plants during the inspection, meaning that at this stage the treatment has been highly effective. Many traditional Eurasian watermilfoil stands such as the south end of the lake, north by the Dam, Turtle Point rd. and the shallows by Patterson Brook all had no visual Eurasian watermilfoil. Native plant populations preliminarily looked unaffected by the treatment, which is to be expected based on past ProcellaCOR applications. One of the reasons ProcellaCOR was chosen as the herbicide was that it had a track record of not impacting native plants, which is important for fish and wildlife habitat. NEAR is going to perform the annual survey between the end of August/early September to home in on the aquatic plant community further and assess the treatment effectiveness more completely. NEAR also spot-checked Little Wee Wah (Pond 3) in a few different locations and did not see any Eurasian watermilfoil present. As with Tuxedo, Little Wee Wah and Wee Wah will be surveyed at the end of August/early September for aquatic plants.
One possible source of confusion about the success of the treatment is that residents may not know exactly what Eurasian Watermilfoil looks like from the surface of a boat. Below is a mix of the various aquatic plants that can be found in Tuxedo Lake. Milfoil is distinguished from the other plants by the leaf shape, which has one center vein, and many smaller leaflets coming off either side. No other plants in Tuxedo exhibits this particular leaf pattern. Many of the plants were also covered in algae, which can certainly make identification from the surface difficult for the untrained eye.
Please feel free to contact me with additional questions or concerns.
Alejandro Reyes
Aquatic Ecologist and Certified Lake Manager
Click here to view the actual document complete with supporting photos
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Traffic Booth Dedication Ceremony July 9, 2022 (Posted July 9, 2022)
From Mayor McFadden's Speech:
"When I look at this booth, I see perseverance, security, safety, community policing, and homage to some design elements of Bruce Price, the architect of the Keep and Lodge. Not even the Big Bad Wolf could blow this steel and bulletproof structure down, nor could a 15-ton truck going 30 miles per hour knock it down. And to our benefit, the booth gave rise to the new garden and landscaping, the new Tuxedo Park sign, and the automatic gate.
I want to thank the following donors and "in-kind" contributors:
Bruner, Cassis, Corredor, Dangoor, Daum, Dow, El-Rayess, Glynn, Haberkorn, Hays, Hennessy, Langdon
Martin, Myer, Scherer, Shaw, Shefts, Sodora, Strohmeyer, Tavani, Turner, Deane, Wang, The Breeman's in memory of Derek McFadden, The Cacioppo's in memory of Annabella Cacioppo,The Lobkowicz's in memory of Philip Lobkowicz, John Ledwith, BD, Chief Dave Conklin, Jeff Voss, DPW, Dan Squillini, DPW, and Dan Haglund, DPW.
By the power vested in me by the state of New York as Mayor, I hereby dedicate this booth on July 9th, 2022, to the residents and employees of the Village of Tuxedo Park."
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Village BOT to Consider Culling Canadian Geese (Posted July 7)
Over the last fifteen years, the geese in Tuxedo Park have ceased migrating due to climate change as the winters have become tolerable, resulting in our geese living and breeding in Tuxedo Park year-round.
Mayor McFadden has consulted with multiple residents and waterfront property owners who have complained the geese have become a nuisance. Therefore, I decided to contact the NYSDEC Wildlife division for options. The result was that the Village obtained a Nuisance Canada Geese Culling Permit. The NYSDEC website includes the following passages:
Nuisance Canada Geese
Canada geese are a valuable natural resource that provides recreation and enjoyment to bird watchers, hunters, and the public throughout New York State. But in recent years, flocks of local-nesting or "resident" geese have become year-round inhabitants of our parks, waterways, residential areas, and golf courses. Too often, they cause significant problems.
In urban and suburban areas throughout New York State, expanses of short grass, abundant lakes, and ponds, lack of natural predators, limited hunting, and supplemental feeding have created an explosion in resident goose numbers. While most people find a few geese acceptable, problems develop as local flocks grow.
Problems include:
- over-grazed lawns
- accumulations of droppings and feathers on play areas and walkways
- nutrient loading to ponds
- public health concerns at beaches and drinking water supplies
- aggressive behavior by nesting birds
- safety hazards near roads and airports
Based on the growing frequency and severity of complaints about geese, DEC biologists have concluded that a more acceptable number of resident geese in New York would be at or below 85,000 birds. This is far fewer than the current population estimate of more than 200,000 birds. However, this is a long-term statewide population goal. It guides our management programs and policies, including establishing hunting seasons and bag limits and allowing additional take of geese by permit.
The Board will discuss this matter during their July meeting.
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Village Election Results (Posted June 27, 2022)
The Village Election took place on Tuesday, June 21. Trustees Tinka Shaw and Chris Kasker ran unopposed for re-election.
Here are the official results:
Christopher Kasker - 48
Anna "Tinka" Shaw - 33
Claudio Guazzoni de Zanett - 2
Sara Barnes Sonne - 1
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Presentation on Village Sewer & Water Rates June 15, 2022 (Re-Posted June 12)
This June 15, 2022, at 6:00 PM, the Village Water and Sewer Rate Consultant, Ed Marcus, Amawalk Consulting Group LLC, will present his firm's findings to the Board and the Public.
A Q&A will follow the presentation. The presentation is essential for transparency and understanding, and Village Mayor David McFadden has respectfully requested that residents and water customers mark theit calendars. The meeting will be at the Village Hall and Zoom. The Village will post the presentation video online within 24-hours of the session.
Proposed as part of the presentation for BOT consideration are two potential premiums for water customers as well as several different options for sewer rates moving forward.
The Village Water Department services about 640 customers with 300 of those in the Town of Tuxedo.
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\Two Candidates Seek Re-Election in Uncontested Village Election June 21 (Posted 5/25/22)
The Village Election will take place on Tuesday, June 21 from 7am-9pm in the Village hall. There are two seats opening up on the Board of Trustees and two candidates, both incumbents, seeking to fill them.
They are: Christopher Kasker and Tinka Shaw.
Although the election isuncontested, all Village Residents are encouraged to vote on June 21!
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Wee Wah Park Kick-Off Event - Sunday, May 15 (Posted May 10)
Please save the date - May 15th, 2022, from 2:00 PM.
Join your neighbors in celebration of the Wee Wah Park.
Enjoy food and drinks and music by the Cole Quest and The City Pickers seen at the Sloatsburg Bluegrass Festival.
Bring blankets and beach chairs.
All village residents are invited to attend.
"Grandfathered" Hamlet Members may attend if they have renewed their membership before May 15th.
Acquire your membership online or in-person at the Village Office (Elizabeth) or Police Station (Denise).
The Wee Wah Park Beach Club opens on Memorial Day, Saturday the 28th, at 1:00 pm.
Apologies. No guests will be permitted due to limited food and beverages.
RSVP to wwp@tuxedopark-ny.gov required.
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Second Free Shredding Event (Posted 5/2/22)
Where: Village taxpayers can bring your excess documents to the Village Office parking lot for professional & confidential shredding!
When: Thursday, May 12th between 9:00 am and 11:00 am where a commercial shredding company will shred your documents as a courtesy of the Village Board.
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Message From The Wee Wah Park Committee (Posted 4/18/22)
Dear Neighbors, The summer season is almost upon us! Many thanks to many of you who have already committed to the Wee Wah Beach Club for the summer.
We want to encourage those who have not yet done so to join for the 2022 season. The first improvements are in progress, and we are just short of being able to hire a second lifeguard.
We also wanted to invite you to our Summer Fundraiser on Sunday, May 15th, at 2 pm. It will be an opportunity to welcome new members and kick off the season and raise much-needed funds for the continued improvement of our only shared park. Join us for food, festivities, and the chance to say hello to our neighbors—more details to come.
Memberships are purchased easily online at https://www.tuxedopark-ny.gov/wee-wah-beach-club-summer-2022-membership or at the Village Office. Our goal is for membership fees to cover operational expenses, maintenance, insurance, and Wee Wah Beach Club staffing. This year we have hired an aquatic management services company to oversee the operations of the beach season and manage its staff. The Wee Wah's operations depend on early memberships - more memberships enable our management company to employ additional staff during busy times and maintain the safety and cleanliness of the park.
Please consider donating to help us improve the park before the summer season. Our landscape architect hopes to present a schematic design plan for our fundraising goals before the May 14th event to share an overview of the project. Membership only covers operational costs, and we must rely on your generosity to enhance the park. You can donate already now at https://www.tuxedopark-ny.gov/donations
Thank you for your consideration and generosity.
The Wee Wah Park Committee,
Committee Chair- Denise Tavani
Committee Members- Agnes Turner, Chrissy Corredor, Matthew Tinari, Michael Bruno
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Village of Tuxedo Park Earth Day Clean up! (Posted 4/3/22)
Call for Volunteers
Earth Day Cleanup 2022 in the Village of Tuxedo Park
When: Saturday 4/23/ 8am - 9:30am (rain date Sunday 4/24)
Who: Any Village Resident / property owner / family member
What: Cleanup of roadside litter
Where: Inside village of Tuxedo Park, any public roads
Why: It's Earthday! We can make an impact to keep paper, plastic and other litter and detritus out of our forests and waterways, including our reservoirs. It's an opportunity to come together for a good cause and walk to get some exercise for an hour or so!
How to participate:
Please email the following parties indicating your interest in helping and the roadway/area you would like to patrol and clean up. In knowing who wants to participate and where, we can spread volunteers out to some key areas.
Please email as follows to indicate interest and location:
Jacob Matthews: jacobpenningsmatthews@gmail.com or txt cell: 914.588.8001 Police Chief David Conklin chief@tuxedopark-ny.gov
IF you would like to pickup several large contractor style garbage bags and some basic latex gloves, we can leave some at Village Hall on Friday 4/22 for you to pick up or you can meet Jacob Matthews at Village Hall at 8am on Saturday morning 4/23.
No matter where you are patrolling:
1. Watch for traffic
2. Wear bright colored and/or reflective clothing
3. Do not pick up sharp objects with your hands, please utilize a tool. (more info below)
4. Do not enter private property - simply reach from the roadside and gather what you can!
Basic tools such as this one can be picked up on Amazon or at the local home improvement stores https://www.amazon.com/Grabber-FitPlus-Premium-Reacher-Warranty/dp/B06XH4ZZL9/
The Village will provide the option to drop off any garbage in closed bags at the Village DPW DUMPSTER at DPW facility near the Wee Wah
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Skating on Wee Wah Lake (Posted 1/27/22)
As part of an ongoing effort to raise awareness that Wee Wah Park is a four-season recreational facility, the Board of Trustees approved an area eligible for skaters at last evening's meeting.
Please use the area directly off the Wee Wah Park beach. Skating is open to all village taxpayers.
The Chief of Police, Dave Conklin, is in charge of approving when the lake is safe for skating and will do so in conjunction with the DPW Supervisor Jeff Voss. For safety purposes, approval is based on the thickness of the ice and other conditions. Presently, skating is not permitted on the Wee Wah - Please give us a few days to organize signage and other means of communicating when the lake is safe for skating. Unfortunately, the lavatories do not function during the winter.
Last week the village approved the WWFC to ice fish - the ice was 8" thick.
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Tuxedo Park Receives Free Home Test Kits and Masks from Orange county Executive Steve Neuhaus (Posted 1/21/22)
**This program is for Village of Tuxedo Park Resdeints Only**
Thank Orange County Executive Steve Neuhaus, and his emergency management team Deputy Commissioner Alan Mack and Shannon Fisher, for their effort. Obtaining tests and PPE for our municipalities is challenging.
Recently we received a small allocation of home test kits for village resident first responders, DPW, and administrative personnel. Today we received an additional distribution of tests available to residents of Tuxedo Park, including N-95 masks.
In inventory, we have test kits: 464 boxes (2 tests per box) for 928 individual tests total: and 4 cases of N-95 masks. Tuxedo Park has approximately 330 homes and 1 with 13 rental units – totaling 343. Therefore each household and the 13 rental units can receive 1 test kit (2 tests per box) and 2 N-95 masks (while they last). We plan on a balance of 121 boxes (2 tests per box) for emergency distribution as needed. Our goal is to maintain a reserve.
Remember, in addition, every home in the U.S. is eligible to order 4 free at-home COVID-?19 tests. The tests are completely free. Orders will usually ship in 7-12 days. Visit https://www.covidtests.gov/.
The distribution of Tuxedo Park inventory will begin tomorrow morning (1/22/22) at 10:00 am, then 24/7. Pick up is located at the Police booth transaction window entering the Park. If you cannot pick up a test, please ask a family member or friend to get it. Otherwise, we will send an officer with a test to your residence.
The Centers for Disease Control and Prevention (CDC) recommends taking an at-home test if you begin having COVID-?19 cold or flu-like symptoms - fever, sore throat, runny nose, loss of taste or smell, aches, and exhaustion.
See the latest CDC self-testing guidance for more on using at-home tests.
If you have other special health needs related to COVID -19 or not, please do not hesitate to contact Chief Dave Conklin at 845 351 4741 or dconklin@tuxedopark-ny.org.
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Village to Launch Automatic Gate Opening System in January 2022 (Posted November 9, 2021)
On November 9 the Village announced that a new automatic gate opening system will launch in January.
The system uses license plate reading technology to open the main and south gates automatically. The new system combines convenience and security and helps the police screen non-residents. The police will roll out the new system beginning with the residents, followed by the school, club, and church, replacing tags.
The following charges are not finalized until approved by the Board of Trustees at the November 17 meeting. Comments welcome.
Residents
Year one only – As a one-time expense, the residents will cover the cost of the new systems equipment and installation and setup & processing fees - $19,938, which comes close to $30.00 per household. Residents may register an unlimited number of vehicles, including family members and parents, domestic help, and contractors.
All subsequent years – There is a $6,000 annual operating cost included in the yearly budget.
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Village Contracts with Security Gate Access Company SafePassage (Posted 9/29/21)
The Village has announced that the Board of Trustees has contracted with SafePassage Solutions for converting, facilitating, and maintaining our planned automatic gates at the main and south entrances.
This feature, which uses automatic license plate readers (ALPRs) to open the gates for registered users automatically, brings a tighter level of security to the community. While simultaneously adding a new level of convenience to entering the Village.
Soon they will be sending Village residents a correspondence asking for basic information on registering their vehicles and providing them with instructions to register guests, special deliveries, domestic employees, vendors, and contractors to pass through the gates automatically for a limited time. Services will be available to TPS, the Tuxedo Club, and Village Employees also.
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