Village Board of Trustees Meeting September 20, 2023
The Village Board of Trustees met on Wednesday, September 20 at 7pm. All members were present.
Mayor’s Comments:
Mayor Citrin welcomed everyone to his first meeting as Village Mayor, further commenting that he was honored to assume the position. He thanked all of those who had supported him and for those who did not, he stated that he hoped that over the course of the next 18 months he would be able to gain their support or if not, at least their grudging acceptance. He went on to say that he felt the Village owed a debt of gratitude to Mayor McFadden for his long service o the Village, both as Mayor and Trustee. McFadden accomplished a great deal during the course of his various tenures. Sometime in the near future there will be an appropriate ceremony honoring his service to which all residents will be invited. “Thank You Mayor McFadden. On behalf of the Village of Tuxedo Park we thank you for all you’ve done and wish you all the best in the future,” he concluded.
Next, the Mayor announced that he had asked Trustee Kasker to take over the position of Deputy Mayor and the offer had been graciously accepted.
Swearing in of Re-Elected Trustees and Deputy Mayor Kasker:
Trustees Scherer and Brooke were sworn in.
Mayor Citrin then read a proclamation as required by the State revoking Trustee Shaw’s appointment as Deputy Mayor and appointing Trustee Kasker in her place.
Trustee Kasker was then sworn in.
Reports: Oral and Written:
Click here to view the Police Report
Click here to view the DPW Report
Mayor Citrin noted that he had received an email of concern from a resident referencing several dead trees along Wee Wah Road which she believes are in danger of falling. He inquired as to what the process for examining these trees might be.
DPW Superintendent Jeff Voss responded that there are a lot of dead trees along a lot of roads that need to be taken care of. The DPW removes the ones they are comfortable with , but the bigger ones are more than they can handle. He is currently working to get a price for the removal of one particularly large dead tree along Tuxedo Road across from the Valley Road barrier. There are also three or four at the end of the East Lake Road triangle that need to dealt with. This work will need to be done by an outside contractor. Once the trees have been taken down, the DPW can handle clean-up and removal.
The Mayor suggested that this was a topic he hoped to discuss at future BOT meetings, further noting that they needed to make sure that nobody was subject to injury should a tree fall, whether it be in a storm or spontaneously.
The Superintendent responded that one thing that might be helpful would be if the Village would send a letter to residents reminding them to trim back/clear trees and brush on their property along the roadways. There are a lot of places where this kind of work needs to be done and until it is, the overgrowth creates a problem for trucks and plows alike.
Community Choice Aggregation (CCA) Update from Trustee Scherer – With regard to the CCA initiative, Trustee Scherer reported that they were still awaiting further information from the project administrator. At a meeting last week, they learned that the reason the Village and Town have not yet received proposals is because under New York State law they cannot propose a plan if the current rates are higher than they were on a look-back period for 12-months with a caveat if it has renewable. Typically, renewables are more expensive on the margin than fossil fuels and the administrator believes (and rightly so) that the Tuxedo community is looking for the best possible energy price. In response to this, it was suggested that the administrators instead take a look at future energy curves and ultimately it was agreed that they would put together proposals for 50% renewable & 50% fossil fuels as well as 100% renewable. This will allow them to get around the “look-back” rule. There will be some sort of general education for the community moving forward. This is an opt-out program, so those residents who are not interested do not have to participate.
Wee Wah Park - Both Mr. Tinari and Mrs. Tavani were unable to make the meeting, so this report was tabled.
Comments: Public Comments -Mayor Citrin opened the public comment period by announcing that he would be trying something new with the public comment period. Historically, commenters were restricted to agenda items only, but moving forward this would no longer be the case. Each speaker would be given three minutes to speak about any subject that they believe relevant to the Village. Comments must remain civil and personal attacks on individuals would not be tolerated. Additionally, following the public comment period, there would be a Trustee comment period during which the Trustees would have an unlimited amount of time to speak on any issue they believe is appropriate to be addressed by the Village Government. He cautioned that all comments must remain civil and that personal attacks would not be tolerated. Neal Wittels congratulated the Mayor on his election, quipping that his only request was that he only send one email per month to the residents. His purpose for speaking was to inquire about some approvals that had been made by the previous Board. He began by suggesting that the previous Mayor had “governed with intimidation and threats,” but Mayor Citrin quickly interrupted, reiterating that personal attacks would not be entertained. Mr. Wittels began again. “The words transparency and recusal are commonly referred to from this Board and I have heard it many times from the previous Mayor,” he stated. “However, voting in the dark of night during an executive session….I wouldn’t call that to be transparent. Although I understand the need for this Board to make decisions, I do appreciate that full disclosure to the Village residents is of upmost importance. With a small Village as ours, no decision should be made on this Board without complete vetting of all the residents. So, I would like to inquire about some board decisions that were made on behalf of the residents that I don’t think were vetted properly by the Board. Number one: 47 Clubhouse Road seems to be a problem to me. I know Mr. Brooke or Ms. Gilbert….whoever it was I don’t know….but they had bought this property from the previous owners, who I understand were very good residents and did a lot to the property to improve it. They ended up in litigation with the Village trying to get full-term occupancy of their property, but were unable to. They finally put it up for sale for $325,000 and Brooke & Gilbert seem to have bought it for $200,000. Many people didn’t even know it was for sale. It’s not the way it was bought. It’s how It was bought. The sale was closed after the Board approved the full occupancy. I understand it was in an executive session. What I don’t understand is why was it approved in an executive session? There is no reason why it should have been! The Board spent thousands of dollars defending a lawsuit fighting the full occupancy and, in the end when there was a new owner, it was approved expeditiously. I would like to have some clarity on that issue…why the residents weren’t vetted and why it was approved in executive session.” Next, Mr. Wittel expressed concern about the Circuit to Clubhouse Road stepping stones/pathway, which also has a sewage line running through it. “Frankly, this is a Village property that has been violated by the neighboring properties,” He Stated. “ It doesn’t even appear to be open to the public anymore. There is a gate involved. “ He further noted that the Clubhouse property to the north of the pathway had poured some concrete steps in violation of it. “All the stepping stones are in place, but it’s the run-off that has eroded the gravel stone from between them,”
Mr. Wittels allotted time for speaking had expired and Mayor Citrin interrupted, thanking him for his comments and informing him there would be a second public comment period at the end of the meeting if he wished to say more.
Commenting that he wanted to both appreciate the service of Mayor McFadden and welcome Mayor Citrin, Stuart McGreggor stated that he also wanted to speak on the same issue as Mr. Wittels, that being 47 Clubhouse Road. He noted that at the previous meeting he had asked a number of questions for which he had not been given straight answers. At that time, Mr. McGreggor had brought with him the pleadings from all the litigation that had taken place with regard to the property and Mayor McFadden had indicated that while it was not the appropriate time to bring them forward, he would be happy to have the Village attorneys look into the details. “I just want to make it clear that I don’t want to see the Village attorneys spending any money looking into this issue at this particular point in time,” stated Mr. McGreggor. “We’ve spent enough money on attorneys’ fees.” TrusteeComments- Deputy Mayor Kaskar thanked the Mayor for appointing him as his Deputy, further commenting that he appreciated his trust and confidence. He also thanked former Deputy Mayor Shaw for her leadership over the previous couple of years as well as former Mayor McFadden. “I learned a lot,” he added. Speaking to DPW Superintendent Jeff Voss’s earlier comments about the need for residents to maintain growth and overhang along the Village Roadways, The Deputy Mayor indicated that a couple of weeks prior, he had encountered a situation where he had to take some out while responding to a Village fire in the fire truck. “I want to make a public service announcement,” he stated. “If you are parking on the street, please be considerate of your neighbors and whether an emergency vehicle can get by you. The reason I took out that overhand was because a car was parked facing the wrong way, giving themselves plenty of room to get out and I couldn’t get the fire truck through without taking out bushes on the side. If that’s your neighbors’ house or your neighbor needs an ambulance, that’s actually a pretty big deal….not something that volunteer drivers should have to worry about. I would just ask that you be considerate and think about that when you guys are parking on the street.”
Trustee Scherer indicated that he did not have any comments.
Trustee Shaw asked Mayor Citrin whether he had had a chance to take a look at the candidates for the Planning Board and the BAR.
The Mayor responded that he had spoken with the Village attorney with respect to the purported removal by Mayor McFadden of JoAnn Hansen and Richard Witte and whether that removal was appropriate under State Law. “I’ve received an opinion from the Village attorney that at this point Chair Hansen and member Witte remain on the Planning Board. So, at this point in time there are no vacancies on the Planning Board.” He further indicated that there would be a vacancy following the Reorganization meeting and that it was his intention to meet with the candidates and then the BOT could discuss who the most appropriate appointment would be.
Trustee Brooke commented that there had been a lot of issues which arose during the election with inuendo and one-sided comment. In an effort to set the record straight, he indicated that he would like to ask the new Mayor to clarify some observations and, in an executive session to follow the meeting, to further explain some of the things they were going to be looking at.
“Mr. Mayor,” he began. “You represented to the Village that you were not connected with Claudio’s efforts in the early stages of the campaign. Was that true, and if so, why was your name initially the petitioner on the first request for judicial intervention?”
“I do not see this as the appropriate forum for that question,” responded Mayor Citrin. “But, in respect to your position, I will give you an answer and the answer is this: As I said at the time, on Election Day, when a petition was filed, I did not know the attorney. I had never spoken to that attorney. I had never seen any petition to review and I was just as surprised as everyone else was when the attorney showed up and served that filed petition, including the TRO and The Order to Show Cause, upon the Village and Me and Mayor McFadden. I had no idea that that was coming and I cannot explain to you how a lawyer I have never met and never spoken to would insert my name as the Petitioner on a piece of litigation. To me that is almost unethical. I had no knowledge of what was taking place or about to take place. I have no other explanation for it.”
“I am very relieved to hear that,” replied Trustee Brooke, “because it talks to the fact that you are an independent character and Claudio is a very different person and what he has done in some cases is very challenging to the Village. The TRO has cost us significant money…order of magnitude by my estimate…probably $1000 per house in the Village. Unfortunately, on Monday of this week we had a judge issue a report..”
“The decision,” interjected Mayor Citrin.
“and the decision uncovered no illicit conduct by any Village official and in fact it only served to delay the seamless and peaceful transition to power. Do you have any realistic belief that the Village was guilty of fraud or illegality?”
“I don’t think that that is an appropriate question to put to me,” responded Mayor Citrin. “I think it’s somewhat rhetorical. Everybody knows at this point in time that I filed cross claims. With respect to certain issues that I believed were relevant to my candidacy…in order to protect my candidacy. Those issues were strictly related to the question of legality and validity of certain absentee ballots. My cross claim was very specific and for the purpose of answering your question, I am going to read into the record the four categories of absentee ballots that I believe invalid or at least seeking a judicial ruling on whether they were invalid. I challenged and filed a cross claim on the following absentee ballots and only on these particular ballots: absentee ballots that were submitted by persons who reside and are registered outside the boundaries of the Village of Tuxedo Park, absentee ballots that were submitted by persons who were not registered voters in the Village of Tuxedo Park by the statutory deadline of June 9, 2023, absentee ballots that were submitted by persons who voted in person on June 20, 2023 and absentee ballots that were submitted by persons who were not registered to vote at the time they requested the absentee ballot. Think about that. The request for absentee ballot requires a certification under oath that you are registered and if you are not registered you are violating that certification. The question becomes, and it has not been answered during the course of this litigation, can you cure that violation of law by registering properly before the election? I wanted a judicial ruling on that and I didn’t get it from the lower court and I didn’t get it from the appellate division. That’s what I wanted because that would have made a difference in determining which ballots could be counted and which ballots could not be counted. I didn’t know I wasn’t going to get a ruling. I requested the ruling and the court chose not to give me one, but I needed to put in those objections in order to protect my candidacy. That was my only involvement in the Guazzoni litigation. It was on those points alone. With respect to any allegations that Guazzoni made about the former Mayor or any ballot collection process, I rejected those. With respect to any claims about the former Mayor’s activities, I put in papers where I opposed an application to include those in the lawsuit. I didn’t want the court to hear that. I only wanted the court to hear my four objections to the absentee ballots. I hope that answers the public’s question on this and I hope the public now understands that my role was very limited. The last thing I was to say is that there is a HUGE legal bill from the attorney’s representing the Village…a firm by the name of Berger and Santiago. That bill is almost $165,000. How did a bill of $!65,000 develop over three months? What type of litigation was taking place? What kind of aggressive lawyering was being done by the firm of Berger and Santiago? I looked at the filings in both the lower court and the Appellate Division. Mr. Berger filed 26 substantial documents and attachments on behalf of the Village on separate occasions. Ms. Gilbert, representing Trustee Scherer and Trustee Brooke, filed 14 substantial documents, motions, briefs, etc. I filed 8. My involvement was the most limited because what I wanted from the judge was the most limited, which was a ruling on the absentee ballots that I never got, but when the ballots were counted, I had a 6 vote lead and now I am sitting here as your Mayor. That is my version of what took place. You can accept it or you can reject it, but that’s the record ladies and gentlemen.”
“There is litigation outstanding still relating to the open meeting law violations relating to the Villages retention of Berger and Burns,” stated Trustee Brooke. “Are you involved in that litigation with Claudio? What is the motive for commencing that litigation? What is your intention and what is your fiduciary obligation with respect to terminating that litigation?”
“I categorically say that I have no involvement in that litigation,” replied the Mayor. “I have never discussed that litigation with anybody. I appeared in court with my wife only to see how the judge, who is also presiding over the Guazzoni litigation, would react to this open meetings law issue. As the Mayor of the Village of Tuxedo Park, I intend to vigorously defend the claims that Guazzoni has made against the Village with respect to that litigation. I was not involved in commencing the suit. I had no involvement in the proceedings and now I assume the responsibility as Mayor to defend against Guazzoni’s claims to the best of my ability through the attorneys Harris Beach, who were retained to defend the Village in that particular matter. There is no question about my loyalty on that particular case and there shouldn’t be.”
“I am delighted to hear it,” stated Trustee Brooke. He went on to state that during the executive session that followed the meeting, the Trustees would be looking at the issue of retention of counsel for fee application related to the election TRO defense for litigation. “The TRO was filed. We were not allowed to talk until it was lifted. It was an enormous amount of noise but we were a legal obligation to say nothing. The Appellate Division stayed the TRO that paralyzed the Village. The Supreme Court dismissed the petition to cross petition and ruled that the application to further amend the petition to allege fraud against the Village for the former Mayor lacked basic factual components to afford claim. Under this counsel fee application, whatever the costs were of the Village, may be retaining counsel to be reimbursed by the counterparties because there is no basis for this suit. There is no Public Advocate in Tuxedo Park. It’s a very clear case and that issue of whether we litigate for reimbursement for all of our fees will be addressed in executive session. We will not talk about that other than to acknowledge that that is what we are doing.”
The Mayor replied that he had never sought a TRO and his motion to add cross claims was a contested motion where all parties had the chance to be heard and the judge ruled in his favor, allowing him to add limited cross claims relating to the absentee ballots. His understanding of the law is that the purpose of reimbursing attorney’s fees to the victims of the vacated TRO are done because the TRO is sought ex parte. “In other words, only one side goes to the court and asks the judge for relief. The other side doesn’t have a chance to speak because they are not even there. The Judge, based on representations from one side (in this case Claudio Guazzoni and his attorney) issued that TRO. I had no involvement in that. I was named as a respondent. I received service as a respondent and it was only once the litigation began that I made a contested motion, where everybody had a chance to oppose, which the judge granted. That is separate and apart from the right to collect attorney’s fees for a one-sided application to get a TRO, to which I had no involvement.”
Consent Agenda:
The consent agenda was unanimously approved by the Board.
Old Business:
There was none.
New Business: Resolution to strike the Mayor’s salary line – Mayor Citrin explained that he had been advised by the Village attorney that State law will not allow for the extinguishment of a single salary without a public referendum. Therefore, he plans to waive it and although it will remain in the budget as a budget line the monies will not be paid to him and essentially those funds will remain in the general fund from this point until the end of the fiscal year. Village Elections: Discussion to allow Orange County Board of Elections to run future Village elections – “We’ve been through a miserable process,” began the Mayor. “It was brutal. It was brutal for Elizabeth as the Village Clerk. It was brutal for the candidates who were involved. It was brutal for the community. I don’t ever want to see us go through this type of crisis again.” His went on to suggest that a clear solution would be to turn future Village Elections over to the Orange County Board of Elections, although the rules would be slightly different. “In light of what took place this year, I think we should begin the discussion about transferring the Village elections to the County Board from the beginning to the end and everything in the middle,” he said further acknowledging that they would need to explore the cost as well as what the transitional process would be. He then asked the Trustees for their thoughts.
Trustee Scherer responded that as a Board they had been horrified by what transpired and to that end, this option had already been loosely discussed. We wondered what would really change. “At the end of the day, what created this mess?” he queried. “It was Claudio’s lawsuit, which was unnecessary and simply delayed where we ended up…and cost us a ton of money…and divided the community. Why would we give up control over our election to a higher authority? I don’t know that it really changes anything, but I am willing to be educated on it.”
Mayor Citrin responded that in the recent election there had been a number of absentee ballots that were thrown out because signatures didn’t match up. If the Board of Elections had been running things, those voters would have been notified by way of letter early on and given an opportunity to cure the ballots. This provision is one difference. “A County run election will not disenfranchise the same number of people,” he added. “I see that as a major difference and a benefit to voters generally.”
“That is valid and I think an important distinction,” responded Trustee Scherer. “Are we able to rectify those deficiencies at the local level so that we are not giving the County control of our election?”
The Mayor responded that as he understood it, in a Village run election there was no provision that allowed voters to correct absentee ballots and there is nothing the Village can do to get around that. He went on to indicate that he realized they were only in the discussion phase at this time but he felt that before the next election they should consider it as an option to avoid what took place this year.
“I think it would be important to know what duties would be taken off Elizabeth’s plate,” commented Deputy Mayor Kasker, “as well as what the cost is.” He indicated that he was sure there would be pros and cons and agreed that they should take a look at all of it.
Trustee Brooke added that he would like to see a collection of relevant articles that outlined both the pros and cons that the Board could consider as part of future discussions on the topic.
Closing Comments: Public Comments – Lili Neuhauser offered up two suggestions. With regard to roadside bushes, trees and brush as discussed earlier, she suggested that a letter could be sent to residents reminding them about this key property maintenance issue. With regard to voting, she suggested that perhaps a link could be added to the Village website, which clearly outlined who was qualified to vote in the Village. Deputy Mayor Kasker pointed out that there was also a link on the Orange County Board of Elections website where voters could verify their registration status and suggested that this be added as well. Stuart McGreggor raised the issues of walls in the Village. Noting that walls typically don’t become a problem until something happens to one of them, at which point the issue of ownership always comes up because nobody wants to assume full fiscal responsibility for the repairs. He suggested that, in line with Lili’s idea of sending out a letter, residents should also be reminded to look at and maintain their walls in an effort to prevent problems. Jean Donnelly commented that she wanted to make sure that the issue of 47 Clubhouse Road and the public easement remained in the public eye with respect to who is responsible for any improvements there.
The Mayor responded that the project had been referred to the BAR and that they would need to wait for that feedback before any further discussions or determinations were made. John Moon stated that the Village needed to stop spending money on lawyers. “The idea that you are going to pay more lawyers to get prior fees….in the United States where each side pays its own fees absent extenuating circumstances….it’s just not a good idea.” Secondly he noted that he lived across the triangle from 47 Clubhouse Road. “Whenever any of my neighbors get a driveway repaved or a soaking pool, I get a letter from the Village notifying me about zoning changes or changes in the property. We got no such letter for 47 Clubhouse.” Suggesting that space for emergency vehicles and snowplows in that area could be a problem he further stated “47 Clubhouse has no parking place in violation of the Village Code, so its cars park either in the road or on a public triangle owned by the Village. This presents a severe safety hazard and I would have made that presentation had I been given notice. It appears as though there may have been some sort of back-room deal…I don’t know..I don’t want to be negative. This Ms. Gilbert, whoever she is, is billing the Village for legal fees, she got a property and she got a very beneficial zoning adjustment. I just don’t know what Ms. Gilbert’s connection is to the Village, but I wish I had it.” Claudio Guazzoni noted that he wanted to thank Trustee Scherer for making him out to be the bad guy. “I’m sure he has 195 people who agree with him and maybe 205 who had the opposite opinion.” He went on to say “My question is for Trustee Brooke. It looks like he’s a great real estate speculator. The property he just bought at 47 Clubhouse Road seems to have gained in value over night. I am going to ask nicely of Mr. Brooke, would you consider reverting the C-of-O from the one that you recently got (which is a full-time C-of-O) to one that has been in place for the last 15 years, which is a seasonal C-of-O, and avoid litigation?
The Mayor cautioned that Trustee Brooke was under no obligation to respond to this line of questioning.
Mr. Guazzoni then noted that more than 4 weeks prior he had requested via FOIL all information on Trustee Brooke, Ms, Gilbert and 47 Clubhouse Road and specifically how Trustee Brooke may or may not have used his public office to self-enrich. They have not received anything. “I really do not want to start another litigation to get FOIL done,” he cautioned, further requesting that the Mayor direct the appropriate party to respond to his requests.
Mayor Citrin indicated that he would follow up on this.
Lastly, he stated “I would like to remind Trustee Brooke that we are in America. Each party pays their own way…and if you start litigation against me, I’ll be very happy to answer the same suit.”
Changing topic, Elizabeth Coitnoir noted that areas around the Wee Wah had recently been weed-whacked and specifically the slopes that lead down to the water, which had been covered with native plants, were cut down to an inch or so and is currently dying because it was cut so short. Acknowledging that this was likely done inadvertently, she requested that the DPW be more cognizant of where and why they were cutting as it was one thing to cut things back along the edge of the road, down along the lake was something else. “I would just ask them to be more thoughtful,” she added. Trustee Comments- Mayor Citrin noted that the Trustees were in receipt of a letter from the Tuxedo Club, which questioned the efficacy of stocking fish in Tuxedo Lake. Ironically, on their events calendar they have an on-going, unlimited fishing derby which has been taking place since September 5 and will end on September 24. He finds it odd that the Club is on one hand hesitant to restock the lake while on the other, they are pulling an unlimited number of fish out. Commenting that he was unsure as to how to reconcile these two events, he asked Jim Hays for his thoughts as to why it was important, ecologically speaking, for the health of the lake to restock it, so that he could in turn respond to the Club.
Mr. Hays responded that the stocking was done with trout and that trout do not breed in Tuxedo Lake. “I’m not going to take a strong stance,” he stated, adding “I don’t really think there is a need for it. There are plenty of bass in the lake for people to catch, but I am not a fisherman. If people really want to catch trout than there probably needs to be some stocking. How much stocking, I don’t know.” Jay Reichgott pointed out that the Tuxedo Club did not have sole fishing rights on Tuxedo Lake.
The Mayor agreed, further noting that the Club had inquired as to whether there would be any contribution from the Village Boat Club.
Trustee Shaw wondered if there was an optimal time of year to restock the lake, but nobody knew.
Deputy Mayor Kasker wondered whether they had received any complaints about there not being enough trout in the lake.
Trustee Shaw indicated that she believed the fishermen felt this way and that the dockmaster at the Tuxedo Club did as well.
The Deputy Mayor suggested that they should procure an opinion from the Village Lakes manager as to whether there were any benefits to the stocking and Trustee Scherer agreed to do this. It was further requested that he inquire about whether or not they could create pools in the streams that feed the lake, which might be attractive to the trout, creating almost a hatchery type of situation.
Elizabeth Doherty added that Dr. Peter VanZandt had written a letter to the Board some time back, which she had recently redistributed at his request. In that letter he outlined in detail what it is that the trout do that help the lake ecologically balanced. She suggested this be considered.
The Board then adjourned into an executive session for the purpose of discussing pending litigation as well as attorney/client consultation.
The Board of Trustees met on Wednesday, August 30 at 7pm. Trustee Scherer was absent.
Mayor’s Comments:
Mayor McFadden welcomed new Village Attorneys, Harris Beach.
Reports:
Click here to view the Police report
Click here to view the DPW report
Click here to view the Building report
Multiple reports from the Water Department can be found by clicking here. NYS Invasive Species Grant Program – The Trustees recently requested that John Ledwith research the NYS Invasive Species Grant Program and report back on any possible opportunities for the Village. Mr. Ledwith in turn consulted with certified Lakes Manager AJ Reyes ,who feels that any grant application from the village would most likely be scored lower in terms of relevance on the state scale. The lakes are not a part of a large public access area and don't have a unique invasive species that the state would be interested in controlling. These grants are often scored on the merits of how much public good this project will produce, and all private lakes are always going to be behind the 8 ball on this. If this grant came out last year, we could have done something relating to the treatments.
Public Comments:
Jay Reichgott inquired about the agenda item “conditional approval of boat.” Noting that he had looked at the referenced boat and felt it was a really cool electric boat, he further cautioned “everybody knows, especially people who have them, a boat is a hole in the water that you throw money into. You start by throwing money into the hole to make it…and then you keep throwing money into the hole. It’s docking, it’s power, it’s maintenance, it’s storage.”
“Are you under the impression that the boat is for the Village?” inquired the Mayor.
“It says it’s for use by the Village residents who have property on the lake,” responded Mr. Reichgott. Mayor McFadden clarified that the request was related to the possible sale of a home, located as the north end of the Wee Wah directly adjacent to the dam. A potential buyer has inquired about their ability to keep this particular boat at the property for use on Wee Wah lake, further indicating that their ability to do so might impact their decision to buy. “As a favor,” he continued, “John (Ledwith) and I looked up the boat, compared it to the Village Code and will tell the Gentlemen after tonight whether it would be acceptable. This person has not purchased the house yet. So, this will be floating out there if this person ever decides to buy the house…he’ll have the knowledge of a pre-approval. We are helping to try and close a sale and the boat does fit within their criteria.”
Secondly, Mr. Reichgott pointed to an action item on the agenda referring to possible replacement of members of the Planning Board. Noting that he himself was a member of that Board and that his term would not expire until 2024, Mr. Reichgott stated that it appeared to him that there still might be some ambiguity about some of the issues surrounding the process. “This is probably the reason you are having an executive session about it,” he added. He went on to say that he felt that due to their mandate (which is primarily new builds, subdivisions and driveways) the Planning Board is, in his opinion, one of the most underutilized Boards in the Village. Suggesting that it was likely that they would not meet before the next Board of Trustees Meeting….and further that they might not even meet before the Mayor’s race had been resolved, he urged the Trustees to deliberate slowly and carefully, again cautioning that there was ambiguity and contention surrounding the issue and that it did not present sufficient urgency which dictated that it needed to be decided that evening.
Mayor McFadden responded that he appreciated Mr. Reichgott’s view, adding that he was sure JoAnn Hanson (current Planning Board Chair) would also appreciate the support. “Just on a personal note,” he added, “ I am not planning for a retirement…I’m planning for a new Term. To me this is part of the process and I am looking forward to it and to discussing it with the Board.”
Lili Neuhauser inquired about the agenda item BAR review for property improvements at 47 Club House Road, wondering if this was the property that was “landlocked” and whether the proposed stairs would go to that property.
Mayor McFadden explained that currently what exists there is Village owned property known as the “100 stairs.” The owner of 47 Clubhouse is proposing to upgrade and maintain a new, more appealing and safer stairway. In order to facilitate that, they must first go to the BAR for their viewpoint/advice after which, because it is Village owned land, they will come back before the Trustees for approval or denial or something in between. Mrs. Neuhauser inquired as to whether or not 47 Clubhouse was still a seasonal property, further noting that there was some concern and confusion about this amongst the residents who lived in that neighborhood.
The Mayor informed her that it was not and that, as per the courts, a year-round Certificate of Occupancy had been granted a couple of years prior. He further suggested that the BAR meeting would be noticed and that if Mrs. Neuhauser and/or any of the other neighbors wanted to make comments, that meeting would be a good time to do it. They would then have another opportunity to comment when the application came back before the Trustees.
“The main concern for me is that it is literally right next to the house,” she stated. “I don’t know if this would open it up to more traffic going along there.” She further indicated that she had used the existing stairs and that they were in bad shape.
Trustee Brooke added that road and the 100 steps were Village property. The owner of 47 Clubhouse has proposed putting in properly done stone steps. They were informed that they would need to go before the BAR and this was done in a way that annoyed the person, so they retorted by suggesting that not only would they not put in the steps but further that it was the Village’s responsibility to provide a safe walkway there. “The question is that the steps involve nothing to do with the house and therefore there is no reason to go before the BAR. It is a Village issue. I don’t know what is going to happen. The person volunteered to do it, was given some hurdles and I don’t know what they are going to do.”
Stuart McGreggor commented that his property was contiguous to the 100 steps. He asked for some clarification about the process that had occurred, further suggesting that he had not seen anything in any of the meeting minutes indicating that the proposed improvement to the easement had ever been discussed at a Board meeting.
The Mayor responded that this was correct as it had happened between Board meetings. “Whoever the property owner is is going to pay for whatever improvements are made to that easement?” inquired Mr. McGreggor.
“That will be up the BAR and the Trustees,” replied Mayor McFadden.
“I wanted to make that clear,” continued Mr. McGreggor, “because I believe that 47 Clubhouse Road … the new property owner lives with a Trustee.”
“Correct,” replied the Mayor. “I won’t ask Trustee Brooke to recuse himself when the vote does come up,” he continued, “but if he would like to recuse himself and others feel he should, I will certainly accept that.”
“It’s not going to go any further than the house?” inquired Mr. McGreggor.
The Mayor indicated that he had not seen the plans but he reiterated that the BAR meeting would be the appropriate place for neighbors to voice their concerns. “I’m sure there is a lot to say,” he added. “This has been some project for some time.”
Jean Connelly wondered whether there were any plans for a parking space to be added as part of the proposed improvements to 47 Clubhouse.
“Again,” stated Mayor McFadden, “I haven’t seen the plans. What the Village is doing today is just authorizing and recommending that the BAR has to be included in the process. Again, I think that is the appropriate venue for people with concerns like yourself, and it’s certainly a legitimate concern, to make your voices heard…at that meeting.”
Mr. McGreggor inquired as to when the Certificate of Occupancy for year-round use had been put in place.
The Mayor responded the Village had been ordered by the courts to do it. They appealed and lost. This was roughly two years ago.
“The order actually was an order denying the petitioners an opportunity to have it resolved at that point,” stated Mr. McGreggor. “It said there is no reason it shouldn’t be a year-round…”
“I can’t speak to the nuance of what you’re saying,” interrupted Mayor McFadden. “I know there’s an answer in there somewhere that I’d love to provide, but I would be happy to ask the new Village Attorney to sink into that for you…because it is an issue. I will bring them up to speed on this matter. Let’s try to get all these questions out on the table via transparency.”
At the mention of parking spaces, Jay Reichgott suggested that parking spaces were like driveways and that this could be Planning Board territory.
The Mayor agreed, further indicating that he was certain that Mr. Ledwith would direct everything in the appropriate direction.
Chui Yin Hempel commented that she was sorry to see the Mayor resigning as the webmaster as he had done an excellent job, in her view, with the Village site. Hiring a new webmaster will constitute an unbudgeted expense. She further noted that it was unclear from the discussion as to whether or not the proposed work on the 100 steps would also constitute an unbudgeted expense for the Village or if the homeowner would be taking on the project. “I think the biggest and unspoken and unbudgeted expense that the Village is facing is the rising legal costs associated with the election dispute. I want to make clear…I don’t want to talk about the election. I do want to ask how the Board proposes to pay for these unbudgeted expenses. Your last memo to us Mayor, as a candidate, mentioned that the Village has already spent something like $200,000. I assume the costs will continue to go up. So, will taxpayers see our taxes go up next year…or will you actually dip into the Village’s reserves…or will you delay or even cancel some critical infrastructure projects? The Board of Trustees have a fiduciary responsibility for the entire community, so maybe you would like to consider adding a New Business item in your next meeting agenda to consider how to pay for the budget deficit without putting an unfair burden on us taxpayers.”
“I can only answer in general terms,” responded Mayor McFadden. “I know your husband, representing a group of non-partisan folks…about 10 people….has sent us very similar questions. Maybe you had a little hand in writing it..and that’s fine. The attorneys have instructed us to treat it as a FOIL request. I have been in touch with Gardiner and we are going to be preparing responses to your questions to the ability that we can discuss it because they are on-going legal cases. We would be directed by the attorney on that. There is a variety of cases so comments can be made on some and not others. As a fiduciary, now speaking as the Mayor, I am thinking very seriously about how this will be paid for and I know the rest of the Board members are as well. It would be difficult to see where it all plays out by the end of the fiscal year. So, in other words, right now we have to see if there is going to be savings in other places, how much it will affect the 200 and where that’s going to come from. So, it’s going to be an on-going process during the budget year I think that we’ll be able to focus on that. I would love to be able to come up with a solution now, but until the budget proceeds and expenses proceed, we really can’t give you a firm answer on that. But you can rest assured we are very concerned about it and we’ll try to answer in a more detailed manor after we are advised by attorneys in response to the FOIL that your husband presented with us.”
Mrs. Hempel responded that for the past few years Mayor McFadden had been keeping taxes down and she felt people were very appreciative of that but that in all likelihood 99% of the people would not like to see a significant increase and that the current trajectory of the expenses is not very good. “Like any household budget we can save on some items and scrimp on others,” she suggested “but as we have discussed in prior meetings, the Village does have many infrastructure challenges and It would be a shame if these unbudgeted expenses were to cause any of those projects to be delayed or even cancelled…or for that matter for the money to be taken out of the reserve, which really is for a rainy day and not circumstances like this. So, we look to the Trustees for a solution and, speaking as a taxpayer, I am concerned.”
“I understand completely,” stated the Mayor. “I can say that we don’t have any plans at this point in time to cancel any infrastructure related projects but we’ll have to take a very careful look at this and come up with a plan. I am confident that I can do it and I’m confident that I can bring us back to a situation where we may even be able to come in under budget. It is something that I focus on all the time. I have been successful at doing it for the last three years in a row. I certainly understand your concerns. Remember I too am a taxpayer. Every Board member is a taxpayer. We are all on the same course to do whatever we can to keep the expenses down despite the fact that we have had this unplanned expense.”
Returning to the issue of 47 Clubhouse Road, Marc D. Citrin commented that after viewing the meeting agenda, he had taken a look at Orange County Property records online and that these still note that the property is a seasonal residence and the assessment continues to be based on part-time residency. “I don’t know if the Village has ever informed the County of this change that took place two years ago based upon a court order, but I think it’s important that that be done.” He further noted that the owner of the property had not been publicly named and he wondered whether or not it would be appropriate to do so as per the County records. “The owner of that property according to the County records is Elisa Gilbert. I mention that because Ms. Gilbert is acting at the present time as the attorney for Trustee Brooke both in the Guazzoni action as well as in the McFadden action.”
“What do you mean the McFadden action?” inquired the Mayor.
“You have an action against the Board of Elections…”
“She is not representing me. I have a different council”
“I didn’t say she represented you, she represents Trustee Brooke. In addition, she lists her voting address as Trustee Brooke’s address. I would say under those circumstances with respect to the Boards consideration of this particular issue, that it is imperative for Trustee Brooke, based upon his relationship with Ms. Gilbert, to recuse himself on this particular vote and this particular discussion. Finally, based upon the answers I heard from you, Mr. Mayor, and Trustee Brooke….It is unclear to me whether at the end of this process it is going to be Ms. Gilbert or the Village or a combination of the two that will be paying the costs of this improvement of the property, assuming that the BAR and the Trustees agree. At this point in time are you able to tell us who will make the improvements, who will pay for the improvements…and the improvements obviously will enhance the value of Ms. Gilbert’s property.”
“As I stated,” responded Mayor McFadden, “I haven’t seen the plans. We haven’t been approached to spend any Village tax dollars on that and I think that if you want to make your voice heard, and apparently you have a very strong opinion on this, I would recommend that you make yourself heard at the BAR. Make it very clear that that is something you would be against and allow the BAR to take that under consideration for their recommendation to the Board of Trustees. The you will have another opportunity to make that very clear at another Trustees meeting.”
“Mayor, I am not necessarily against the improvements,” stated Mr. Citrin. “I don’t want you to state a position that I don’t hold. My primary concern is…is there any indication as to who will be paying for those improvements?”
“No,” responded the Mayor. “We have not gotten to that point yet, but certainly it will be an issue and it should be resolved at the appropriate time. Now you mentioned Claudio Guazzoni. Claudio, as represented by his attorney, has submitted a FOIL request to the Village on this property. That is an on-going situation that also limits what I can discuss until the FOIL information is released and under the advice of the attorney. But, I hear what you are saying and I appreciate it.”
“I would like to make one comment,” stated Trustee Brooke. “When that property first came up before the Board, given my relationship with Elisa, I recused myself from any decisions. So, I’m not involved in anything. So that’s in the minutes…and it’s done. When you talk about legal expenses, we are trying to answer that question, but there was a temporary restraining order placed on the vote by Claudio. You joined that suit. So, our legal expenses have been in defending that stay and that is continuing to go forward…so the Village has had to defend itself. With respect to 47 Clubhouse Road, I recused myself from past and all future discussions.”
Elizabeth Cotnoir expressed concerns over the proposed boat on Wee Wah lake. She feels it appears to be quite large and while she now understands that it will not be the property of the Village or used by members of Wee Wah Beach, she worries about the impact it might have on the on-going Milfoil situation in that lake. Although the Village chose to use ProcellaCOR at the recommendation of their lakes manager, it was also their recommendation that the following year the Village continue their program of pulling. She does not believe this has happened and is not sure why, but she has seen some milfoil and is concerned about the impacts of adding boating activity to that small lake. She wondered if the Board had anything to offer with regard to lake manager’s initial recommendations/ plan and why the pulling had not been implemented.
Mayor McFadden responded that the Lake Manager had completed an inspection of all three Village lakes after which he reported that the Milfoil was 100% gone. This delayed the second year application of ProcellaCOR as originally planned and divers were not scheduled. Because the Milfoil is gone, some of the indigenous weeds have been able to “gather steam” and so what people seeing are different varieties of aquatic plants that are springing up and these are being confused with Milfoil. There has also been some algae growth and the Village had been preparing to deal with this but following the recent rains the lakes appear to have corrected themselves and the algae disappeared.
Jim Hays commented that as he understood it the ProcellaCOR had been applied last year and the treatment had been highly effective. “In general,” he added, “these chemical treatments do not totally eliminate the evasive. That’s not what they do. Maybe ProcellaCOR is going to be different, but it’s doubtful. It was my understanding that if the Milfoil came back that there would be pulling. So, does AJ (Lakes Manager) say that the Milfoil has returned.”
“No, he has not,” replied Mayor McFadden.
“Has he inspected?” asked Mr. Hays.
Although uncertain of the exact date, the Mayor indicated that he believed the most recent inspection had been a month or so ago.
“That’s too early,” suggested Mr. Hays.
“I am wondering if anyone has seen Milfoil,” queried Mayor McFadden.
“I have a boathouse on Wee Wah.” Replied Ms. Cotnoir “and I have seen strands wash up there…and I know what Milfoil looks like…that’s why I asked the question.”
The Mayor wondered whether she might have a photo that he could pass along to the Lakes Manager. Following some further discussion, the Mayor agreed to contact AJ and have him come inspect.
Consent Agenda:
Patrick Burke gave a brief presentation outlining the proposed Tunnel to Towers event and the associated insurance was briefly discussed.
The Board then voted unanimously in favor of approving the consent agenda, which included the following items: archiving of written reports, two part-time police officer resignations, a new police officer authorization, approval of the Tunnel to Towers event, Ameritas dental and eye care plan renewal, election inspectors’ payment approval and permission for the Village Clerk to attend an all-day class hosted by New York State Retirement on September 7.
Old Business:
Report on Interest Payments – Mayor McFadden asked Deputy Mayor Shaw to provide an update on the interest the Village has earned from the funds that are invested in NYCLASS. Deputy Mayor Shaw reported that last year at this time YTD the Village had earned $5,000 in interest while this year, through NYCLASS, they have earned $25,000. The Village commenced with the program on July 19. Referencing the questions and concerns regarding unbudgeted expenses that had been expressed earlier by Chiu Yin Hempel, Mayor McFadden noted that the Village would be receiving unexpected revenue via this program, likely to the tune of $10-$15k per month. The Deputy Mayor corrected him, indicating that the number would likely decrease a bit as time went on. The Mayor then thanked Village Clerk Elizabeth Doherty, John Ledwith and Deputy Mayor Tinka Shaw for spearheading the NYCLASS initiative, further noting that they had done a terrific job and that the Village was very excited about sharing this news with residents.
Jay Reichgott inquired as to whether the Board could reveal what the rate of return was as opposed to the amount.
“Currently, the average yield is 5.13,” responded Deputy Mayor Shaw. Stocking Tuxedo Lake with Fish – The cost of stocking the lake with brown and rainbow trout will be $18,300. The Mayor asked the Board to consider a hardship supporting the exemption of the three vendor bid requirements as per the procurement policy as they have been unable to locate any other credible organizations that stock the fish. The attorney advised that such an exemption was likely not necessary. There was some discussion about the verbiage of the proposed resolution followed by some slight tweaking after which the Board voted unanimously in favor of adopting the resolution.
Jim Hays wondered whether or not there had been a demand from fishermen for trout, further noting that trout does breed in the lake, which is why the Village keeps adding them. “If there isn’t a big demand, I wonder whether doing this every year is worth the expense,” he added.
Mayor McFadden clarified that it was done every year. Further he indicated that it played a broader role then just for fishing/sport in that it helped the ecosystem of the lake.
New Business: Resolve for Harris Beach to Review and Advise on Key Policies and Compliance- A resolution authorizing new Village attorneys Harris Beach to conduct a comprehensive review of essential policies, including those related to sexual harassment, procurement, investment and ethics was introduced. Additionally, the attorneys will examine potential conflicts of interest that may arise as will also assess the status of required State training and compliance, promptly informing the Board and appointed Boards of any identified gaps or lapses. This proactive measure will ensure that the community’s operations align with legal mandates and ethical standards. The goal is to strengthen the Village commitment to transparency, accountability and adherence to State-mandated regulations across the various facets of government. The cost of this project falls outside of the fixed annual compensation agreement. Therefore, an estimate is requested for final authorization by the Mayor. The attorney advised that he did believe that this would fall within the scope of work outlined in the annual agreement but that they could put together an estimate as to how long it would take to complete the audit.
Trustee Kasker wondered what if any restrictions might exist as a result of the Village being on the National Registry of Historic Places. He suggested that they should gain some clarity on this and what it means for them in terms of what can and cannot be restricted as a result.
The Board voted unanimously in favor of the resolution. Webmaster Vendor Replacement Authorization – This is regarding searching for a outside vendor to take over the management of the Village website. The Mayor has resigned as the Webmaster. While he, Elizabeth, and John are able to keep up with small tasks such as posting agendas etc., the Mayor estimates that they will need to invest 20-30K to put somebody in the position. He further recommended that they start by reaching out to the Windsor IT group, who have done a terrific job setting up the YouTube channel and he felt it worthwhile investigating whether or not they would be willing to take on more tasks.
Trustee Kasker suggested that some clarity was needed as to what the specific tasks of a Webmaster would be. He added that personally speaking, he would rather see $20-30K spent on hiring a Deputy Clerk, who could in turn manage the website. That being said, he did not have any objections to exploring the idea.
The Mayor agreed that help is needed in the Village Office and added that he had asked Elizabeth to put together a list of tasks so that they could in turn hire somebody and that perhaps the role of webmaster could fall within that. A resolution authorizing a formal search and bid process and further directing the Village Treasurer to recommend a solution for the unauthorized expense was then voted on and unanimously approved. Conditional Approval of Boat- Noting that this had been briefly discussed earlier in the meeting, the Mayor suggested that the boat as proposed by the potential buyer is in compliance with Village code. He suggested that in his view, the Board should maintain the right to regulate the speed at which the boat can operate. Concerned about the safety of swimmers in that lake, Lili Neuhauser inquired as to whether or not the Beach Club had a parameter within which they were permitted to swim. The Mayor agreed that this was an important issue and that to date the Village has been fortunate in that there have not been any accidents. He added that there was currently no law on the books that prevented anyone from having a boat. “Certainly, safety has to be taken under consideration by the owner of the boat and that would be expected of any boat owner on any lake,” he added.
Following a brief discussion, it was determined that because the proposed boat was compliant with the code, a Trustee vote was unnecessary. Abandoned Property Return – The Village is in receipt of a letter informing them that they are the owners of unclaimed property from HSBC in the amount of 1,452.70. Following a brief clarifying discussion and in consultation with their attorney, the Trustees voted unanimously in favor of the return. BAR Review for Property Improvements- A resolution instructing the proprietor of 47 Clubhouse Road to participate in an informal review before the BAR pertaining exclusively to the Village-owned property commonly referred to as the “100 Steps,” was presented and discussed. The BAR’s assessment will encompass an evaluation of the selection of materials and the proposed arrangement and design layout of the intended alterations and enhancements. Upon receipt of the BAR’s recommendations, the proprietor shall present them to the Trustees for final approval. Trustee Kasker suggested that it was still unclear as to whether the Village would be undertaking the project after the plan had been presented or the property owner. He wondered if it would be better for them to authorize the informal review rather than to instruct it.
“I don’t even know why this issue even came up,” commented the Mayor “because no one has ever mentioned who is paying for it. We’ve never discussed that. I don’t think there is any request for the Village to pay for it that exists.”
Trustee Kasker responded that he did not feel they could instruct somebody to go and do something like this when they did not even know whether or not that person wanted to pursue it.
“The homeowner offered to contribute stone and workmanship to build the path at no cost to the Village,” stated Trustee Brooke. “The Village responded that they would have to appear before the BAR and the BAR is responsible for any changes to a dwelling. So, it doesn’t have anything to do with a dwelling, so the person said ‘I’m not gonna do it.’ If they don’t do it, it becomes the responsibility of the Village to provide a safe 100 steps. The heavy rains have damaged the 100 steps pretty dramatically. We can say this but it’s the call of the owner of the property on whether they want to go through the process, but if they don’t go through the process there is still an obligation of the Village to handle it.”
“I’ve spoken today with the owner,” commented the Mayor, “who agrees with my recommendation and is willing to do that. At this point in time there is no discussion of the Village spending anything. Hopefully this will be a very smooth process. Simple. It has to go through the BAR because it is Village owned property and they have to assess the colors and the materials. There is also the issue of a Village sewer line going through that area, which is going to be of interest. So, there are going to be barriers and potential obstacles but it needs to be treated like any other application in my view. If these issues come up, the public and the Trustees will have every opportunity to express themselves. My goal is to get this process moving and hopefully it will be on the next scheduled BAR meeting. Again, I recommend that everyone attend that meeting that feels that they’ll be affected by whatever the solution is…and we’ll treat it like any other approval. The only distinction is that it is Village owned and therefore while we are required to appear before any particular associated Board, the Village may or may not take the recommendations and then that I suppose would raise the issue of who is paying for what. Let’s stay in the lanes now and see what happens.” He went on to make an analogy between this project and the Booth reconstruction project.
Trustee Kasker reiterated that he preferred the word authorized be used in the resolution as opposed to instructed. Following minimal discussion, the resolution was re-worded to reflect this and the Trustees voted in favor of approval with Trustee Brooke abstaining.
Stuart McGreggor wondered whether the contiguous property owners would be notified of the meeting and the answer was yes. Village Adoption of NYS Unified Solar Permit Guidelines- Jim Hays, Chairman of the Climate Smart Committee, has recommended adopting the NYS Unified Solar Permit guidelines for solar panels (posted online) in both Village-owned and private properties within the Park. The Mayor has heard that there are some residents who are in favor and others who are not and he feels it is something that the BAR should be involved with and weigh-in on. He has recommended to Jim and members of the BAR the following: Before proceeding with a vote on the adoption of the permit, he suggests providing the BAR the opportunity to conduct a comprehensive assessment of the implications, advantages and potential challenges related to the integration of solar panels within the Villages historical context. Also, before voting on the current proposal, the Mayor recommends allowing the BAR adequate time to thoroughly examine the implications, benefits and drawbacks of incorporating solar panels within the framework of the Village’s landmark designation. With this in mind, he further suggests that the BAR provide a comprehensive recommendation to the Trustees, outlining the potential integration of solar panels into the Village’s architectural landscape. This recommendation should include a dedicated chapter within the design guidelines, explicitly addressing the utilization of solar panels. The recommendation from the BAR should also encompass specific technical specifications and details related to solar panel installations within this chapter. This could contain guidelines on permissible specifications, such as size, appearance and positioning and a list of approved manufacturers whose products align with the Village’s aesthetics and preservation goals. The Mayor believes that the Village must strike a balance between sustainability and preserving the character of the community. This matter has arisen previously, but he feels that it warrants a deeper exploration and analysis. By engaging in a comprehensive study, the Village will be better equipped to determine the most suitable and harmonious approach to integrating solar panels, which aligns with their commitment to both environmental responsibility and honoring their architectural heritage.
Jay Reichgott commented that he did a lot of work with solar panels and that the technology changes at an alarming rate. He strongly suggested that any recommendations made by the BAR or any other Board come in the form of performance standards.
“We have to incorporate it,” stated Mayor McFadden. “ It’s all about sustainability. We have a responsibility as a Village I think. The committee has made recommendations. The State has made recommendations. Rather than to hastily incorporate a yes or a no, I would prefer to have the BAR examine it and end up in a new chapter for the design guidelines.”
Jim Hays commented that the purpose of this was to streamline the installation of the panels, which makes it easier and cheaper for contractors because they know what the standards are. “This does not in any way eliminate what the BAR might say about what kind of panels or where a particular panel should be or that sort of thing. That is certainly with the purview of the BAR, but this Unified Solar Permit is really technical installation and how they panels are to be installed.”
This was discussed. Ultimately, Mayor McFadden stated that he would speak to the BAR and facilitate their review.
Following the audit of claims the Board adjourned into an executive session to discuss legal matters and the candidates for the open Planning Board seats. When they returned to the open session, Trustee Brooke made the following statement:
“We have been continuing to interview candidates for the Planning Board. We have not completed that process, but we hope within the next week or two to complete that process using Zoom. Following that process we will make a conclusion as to how we are going forward.”
The Village Board of Trustees met on Wednesday, July 26 at 7pm. All members were present. Trustee Scherer attended remotely via Zoom from China.
Mayor’s Comments:
Because there has not been a winner identified in the election, the Village has been presented by their counsel with three options for the annual reorganization meeting as follows:
Technically appointments can still be made by the Mayor and the Board for 23-24 even though the Mayor and Trustees Brooke and Scherer are in holdover status since Village business cannot properly come to a halt due to election issues.
However, the Village and the Board may also choose not to make appointments to terms of office with the Mayor position currently in flux, and the Village can publicly acknowledge that all persons holding terms of office are to continue as holdovers until a determination is made as to who is elected to the position of Mayor.
Alternatively, the Village Board can also take no action on appointments at all, in which case existing occupants of the offices will remain as holdovers as a matter of law under the Public Officers Law.
The Village will be doing a combination of these things with the intent to hold a traditional Reorg once the winner has been identified.
At the suggestion of Mayor McFadden, Trustee Kasker then read the following with the intent of clarifying some information that has been circulating outside of the Village:
“On June 28, 2023 our long-time Village counsel Brian Nugent of Feerick, Nugent, McCartney, PLLC tendered notice to the Tuxedo Park Board of Trustees announcing his intention to conclude his services. We gratefully acknowledge Attorney Nugent’s invaluable counsel over the last 8 years and extend our best wishes for his future pursuits. We are pleased that two Attorneys from that firm, Steve Honan and Christopher Pavlacka will remain to advise the Board of Architectural Review and to also to support matters respectively. Tonight, we are considering a resolution to appoint counsel to the Village Board for this coming official year from Harris Beach. They have big shoes to fill but we know they have a solid track record and are
Competent. We are confident in their ability to provide candid and legally sound advice.”
Reports:
Click here to view the Police Report
Click here to view the DPW Report
Click here to view the Building Department Report
Public Comments:
Before opening the public comment session, Mayor McFadden reminded the audience that out of an abundance of caution, he had recused himself from any matters related to the defense of the Village and Elizabeth Doherty. He requested that any questions concerning the election NOT be addressed towards him or he would have to leave the room as part of his recusal so that the questions could be addressed by the Board.
Jay Reichgott noted that one of the items on the agenda was spraying for ticks at the Wee Wah. Acknowledging that the Village had likely done their due diligence in collecting 3 quotes for this service, he urged them to accept none of them. “Even if they told you that it was an organic product and that it would only kill the ticks and it wouldn’t hurt any good bugs,….you kill the bugs, you kill all the bugs. You kill the ticks…you kill the mosquitos, you kill the dragonflies, you kill the fireflies, you kill the butterflies, you kill the bees…and you don’t really kill the ticks. It’s not very effective.” He went on to recommend a product called Tick Tubes, which are small tubes filled with cotton wool that has been treated with insecticide. When placed around the area in question, the field mice (which are the major vector for the ticks in the spring and the fall) are attracted to the cotton wool and this in turns kills the ticks without harming any of the other insects. “Ticks are a thing,” he stated, “but spraying for ticks or any insect willy-nilly is remarkably bad for the environment, for all of us….and it’s not very effective.”
The Mayor thanked Mr. Reichgott and called on anyone in the audience who might have any experience with tick treatments and tick sprays to join the conversation.
Lili Neuhauser noted that T.P.S. did some sort of treatment and suggested that the Village consider contacting them to learn more about it. Gavin Maxwell commented that he felt tick tubes were an excellent suggestion and a highly effective option.
Mayor McFadden inquired as to whether anyone knew where the tick tubes could be obtained and he was told that they were available on Amazon for a relatively modest price.
The Mayor commented that he felt they should consider it. Trustee Kasker agreed, further noting he thought that T.P.S. had been faced with some D.E.C. restrictions as to what they were able to use on their playing fields and that the Village might want to check with that Organization before moving forward. Mayor McFadden subsequently tabled the discussion on ticks under the New Business section of the agenda, in favor of further exploring the tick tube option.
Claudio Guazzoni stated that he would be addressing his comments to Trustee Kasker because the Village Attorneys dealing with the election report to him. Trustee Kasker interjected, informing Mr. Guazzoni that this was not the case and that as per a resolution made at a special meeting the month prior, he was the key point of contact for the Open Meetings Law violation and not the Election Law accusation.
Mr. Guazzoni asked who the key point of contact for the election case was and he was told that it was Clerk Elizabeth Doherty. Mr. Guazzoni therefore stated that he would direct his comments to her.
“Hold-over Mayor McFadden has told us that he has hired no attorneys….that he represents himself. Ms. Doherty, I am putting the Village on notice that….”
At this time Mayor McFadden interrupted Mr. Guazzoni, commenting that he felt he needed to recuse himself. He then left the room. Mr. Guazzoni continued:
“I would like to put the Village on notice that the Village Attorneys, hired by the Village, and their actions seem to be representing too much of McFadden and not enough of the Village. The Village and the Village attorneys should be neutral. They should not care who the ultimate winner in this Mayoral election is. However, although their words speak neutrality, their actions are quite loud as they aggressively support the candidacy of David McFadden. This is a very expensive law firm that the Village has hired, paid for by Village monies, who David McFadden has seemingly highjacked as his own campaign attorneys. We have made a proposal to the Village attorneys, which is in the best interest of the Village and the proposal has been oddly rebuffed. Ms. Doherty, you might not be aware of this, but a number of people around here identify David McFadden as their boss. People around here work for “Boss Mac” and they don’t work for the Village. Under such overbearing pressure from “Boss Mac,” how can we expect that a Village election could have been fairly run by the Village Clerk, when “Boss Mac” put her in a pressure cooker day-in and day-out. In fact, the pressure is so bad that before handing out absentee ballots, the Village Clerk did not even check to see whether that person was registered!”
Trustee Kasker interjected to let Mr. Guazzoni know that his time would soon be up and that when it was finished, he would be cut off.
“A friend of McFadden’s who lives in the Woodlands was even give a ballot and allowed to vote,” continued Mr. Guazzoni. “This never happened before. We made a proposal…please…let’s come to an agreement.”
At point Mr. Guazzoni’s time was up, and he was cut-off. Trustee Kasker inquired as to whether or not anybody else from the public had any comments about the election case, further noting it would make sense to bring these forward now, before Mayor McFadden returned. There were none, and so the Mayor was called back into the room.
There were no further public comments.
Consent Agenda:
The consent agenda, which included adding written reports to the record and adding minutes from the two previous meetings to the record was unanimously approved.
Old Business: Update from John Ledwith on WIFI at Wee Wah Park & Beach Club, Paid by Donations and the Status of YouTube Vs Vimeo Channels, Paid from Windsor IT Budget- WiFi at the Wee Wah has been updated so that there is now a dedicated WiFi signal coming from a utility pole there. Installation was completed earlier that day, but the IT people still have to set up the final connection to WiFi devices. This work should be completed by Monday, July 31. The cost of this service will be just under $200 a month. In consultation with IT support, the Village has decided to move from Vimeo to YouTube. A YouTube channel has been created and videos of past meetings have already been uploaded there. The URL is: https://www.youtube.com/@VillageofTuxedoPark
New Business: Resolve to Authorize the Mayor to Sign a Letter of Agreement with the Law Firm of Harris Beach to Serve at the Pleasure of the Board, as Legal Counsel to The Village Board, Effective August 1, 2023- As part of this resolution, The Mayor requested that the Board authorize him to also negotiate the fee structure. Because they did not have a copy of the agreement in front of them, the Board decided to temporarily table the vote until they could obtain one. Resolve to Add John Ledwith as the Second Signature to NYCLASS Transfers and on Chase Bank Accounts- This was unanimously approved. Resolve to Approve W & S To Engineer a Solution for Repairing the Ceiling in the Water Plant to be Implemented by The DPW – The current quote for the engineering of this project is $15,900, down from an initial $19,500. Additionally, it will be designed so that the DPW should be able to complete most of the work themselves. Also, part of the engineering is the addition of a larger, 2nd floor door, which will allow for easier access to the chemical rooms. The Board voted unanimously in favor of approving the work. Resolve to Authorize Weston & Sampson to File Grant Applications at a Cost of Approximately $2,500. Deadline August 10, 2023- Building Inspector John Ledwith provided a brief description for each of the following projects, for which Weston and Sampson will assist the Village in applying for grant monies: Town of Tuxedo water meter relocation, East Village water main replacement, Mountain Road water main replacement, Tuxedo Lake water main replacement and water treatment plant clear well upgrades. In total, these projects will cost the Village in excess of 1 million dollars. If secured, the grant monies could cover 25-30% of the cost. The Board voted unanimously in favor with moving forward. Resolve to Approve Company to Spray for Ticks at Wee Wah Park Paid By Donations – This was Tabled so that the Village might further investigate the option of Tick Tubes as discussed earlier in the meeting. Resolve to Approve Company to Install Ground Water Irrigation System Paid by Donations – The Village has obtained 3 quotes for two different variations of this project, which would entail irrigating to the newly installed grass at the Wee Wah where the parking lot used to be. They are all in excess of $13,000 with most of them being over $20,000. Mayor McFadden suggested that when they had begun investigating the system things were very dry but since then there has been a lot of rain and as a result, he was not sure they needed to move forward with making the investment at this time. Everything ay the Wee Wah is currently “nice and green.” He recommended that they table the project for the time being. The Board was in agreement and so it was tabled. Resolve to Appoint Ryan Lynch as the BAR Chair – Trustee inquired as to how long the appointment would be good for. Mayor McFadden responded that the attorneys had advised him that they could assess this at the next re-org meeting. The appointment was then unanimously approved. Resolve to Approve Company to Stock Tuxedo Lake with Trout During the Month of _____ with the Blessing of AJ, Lakes Manager, and to Discuss the same with The Tuxedo Club and Village Boat Club – As only one bid has been received to date, this was tabled to allow the Village time to collect two more bids.
The Board then entered into an executive session to discuss water department matters with Jeff Voss (DPW Supervisor) Discuss Legal Matters, Certain Village Employees and water Utility Maters.
Following the executive session, the following two resolutions were made and adopted unanimously:
A resolution requiring that all non-functioning water meters be reported to Jeff Voss on the day that the meter is reported as non-functioning. A list of non-functioning meters will be included in the monthly DPW report. Meters will be repaired within 30 days of being identified. Any meters not repaired within 30 days will be reported to the Board of Trustees and the report must contain a reason why the meter repair could not be completed within the allotted time period.
A resolution authorizing the Mayor to negotiate the fee structure and once satisfied Sign a Letter of Agreement with the Law Firm of Harris Beach to Serve at the Pleasure of the Board, as Legal Counsel to The Village Board, Effective August 1, 2023. Attorneys from Feerick, Nugent, McCartney, PLLC will remain on Board to work with the BAR.
The Village Board of Trustees met on Monday, June 26 at 7pm. All Trustees were present. Trustee Scherer joined the meeting via Zoom from New York City.
The meeting began with a 1 hour 45-minute executive session to discuss legal matters.
When they returned to the public session, they voted on three resolutions.
The first formally discharged acting counsel Brain Nugent from representing both the Village and Village Clerk Elizabeth Doherty in the matter of Guazzoni vs. The Village of Tuxedo Park.
Trustee Kasker commented that he did not feel he had enough information having only just been informed of it during the executive session. “I do not feel I have had enough time to make a decision,” he noted. Trustee Shaw added that it was new to her as well but she did see the long-term benefit of hiring a specialist for the Village.
The Board then voted in favor of passing the resolution, with Trustee Kasker abstaining.
The second motion was an approval of a $25,000 budget for the retention of independent counsel pending the election litigation.
Trustee Kasker commented that he did not know either of the attorneys who were being put forward. Trustee Shaw wondered about the amount…whether it was just a down payment or if it was expected to cover everything. She was told that they simply do not know at this point but that requiring a retention fee up front was common practice for many attorneys.
The Board then voted in favor of passing the resolution, with Trustee Kasker abstaining.
The third resolution designated Mayor McFadden as the primary contact for the new attorney for all matters associated with strategic decisions on behalf of the Village and Elizabeth Doherty in the matter of Guazzoni vs. The Village of Tuxedo Park. “It is agreed that the office of the Mayor may, at its discretion, call upon the Board of Trustees to assist in evaluating strategic options proposed by independent counsel.”
Trustee Kasker requested that they add a line indicating that the Mayor would communicate all phone conversations and communications to the entire Board.
“There may be a situation where I don’t want to do that,” responded Mayor McFadden. “I want to reserve my privilege not to do that….but I think this is pretty clear that when it’s necessary I’ll come to the Trustees.”
“There may be issues,” added Trustee Brooke, “with respect to prospective actions which we may not want broadcast going forward.”
“To a Trustee?” inquired Trustee Kasker.
“Correct,” responded the Mayor.
“Are you proposing to pay for this lawyer?” demanded Trustee Kasker.
“There are issues where the strategy may require confidence unless we can be assured there will be no dissemination of the information,” stated Trustee Brooke, “and we may have counsel address us as a Board.”
“And there is information that I would like to maintain attorney/client privilege on and not subject to FOIL,” added the Mayor.
“This is for decisions on behalf of the Village of Tuxedo Park and Elizabeth Doherty. How would you have attorney/client privilege over the rest of the Board?” inquired Trustee Kasker.
“Because that is the strategy we are working. That has happened. I’ve already had it happen,” responded Mayor McFadden.
“I’ve made my point,” noted Trustee Kasker.
The Mayor then stated that he would take Trustee Kasker’s concerns back to the new attorney.
“Yeah, I’m a little uncomfortable on this,” stated Trustee Shaw.
“Ok, so would we agree that what I will do is to go to the new attorneys and ask them to take a look at what we have passed and if they feel it should be changed, we’ll all talk to them?”
“I would like to have them briefing The Board,” added Trustee Brooke.
“They should be briefing the Board. We are not experts on election law and procedure. This is why we went with these people,” stated the Mayor.
The Board then voted in favor of passing the resolution, with Trustees Kasker and Shaw abstaining.
Trustee Kasker then made a motion that the Board schedule a Special Meeting for the purpose of receiving a briefing from the new legal counsel sometime within the next 10 days. “That way they can tell us if there ever will be an occasion for attorney client privilege with the Mayor only.” The Board voted unanimously in favor of approving this motion.
Resolve to Open the Public Hearing on Draft Local Law No. 1 – Boat and Dock Length (Not Permanent Docks) / Public Comments and Discussion:
The Board voted in favor of opening the hearing. Mayor McFadden opened the discussion by informing the public that the Trustees were not planning to vote on the draft that evening. “The Trustees and the Board have not agreed on a local draft law yet that we feel comfortable presenting to the public. When we do, we want to bring this back onto the table. I think it’s worth having this discussion. There are many sides to it and as you have heard over the past 6-8 weeks, there is an interest in the Trustees discussing this matter.” The floor was then opened to comments. Claudio Guazzoni cautioned the Board that they should think twice before changing anything with the lake. “We have problems with the lake…quality of water and milfoil. Increasing boat and dock size is really for the benefit of a few to the detriment of the many.” He went on to say that the Mayor had promised residents that he would issue a survey but to date, a survey had not been issued. “Another promise broken,” he concluded.
“As I mentioned,” responded Mayor McFadden, “this is on indefinite hold. We’ll keep our commitments, but thank you.”
Jim Hays stated that he felt the survey would be very important. “I think the discussion by the Board will be greatly informed after the survey has been transmitted and reviewed by the Board,” he added. He further suggested that since this subject had come up, there had also been a lot of discussion in the community about the power and speed of boats on the lake. Because of new technologies, there are now electric boats that can go a lot faster than they could when the law was originally put into effect. He implored the Board to consider this when developing the new law and suggested that there should be a question on the survey pertaining to whether or not residents would like to see some limitation on the horsepower or speed of boats on the lake.
Mayor McFadden agreed, adding that the Tuxedo Club actually had several engines which they have had to governor down to slow them down because of wake and noise. He noted that when the law did come back to the table, this would be considered and added that he felt it would be a good question for the survey as suggested as well.
Chui Yin Hempel provided an observation on behalf of her brother-in-law, who could not be present. He and his wife are clean kayakers and they have noticed that within the last week or so there has been quite a bit of white slime floating on the water and that their paddles are bringing up what they referred to as seaweed, but what she fears might be milfoil. She suggested that the Village should look into this as soon as possible. “The science of the lake is not perfect,” she continued. “We really don’t understand and we have to make our water safe and healthy…and so my point is that maybe she should get a firm handle on the milfoil and the algae and other lake related problems before we introduce a new factor, which could exacerbate the lake problems and cost the Village a lot of money to try to remediate. The Lake is a common resource,” she continued, “ and a very critical one. It’s not just a pleasure pond for the boat owners or for that matter the property owners around the lake.”
The Mayor responded that the Village’s lakes manager had changed firms and that the Village was moving forward with re-hiring him through his new outfit. Commenting that the Board shared Mrs. Hempel’s concerns, he added that the Lakes Manger would be coming to the Village soon and that they were reserving all rights to do algae treatments. In fact, they are currently awaiting the permits.
Trustee Scherer agreed, adding that the most recent survey conducted by the Lakes Manager back in November had suggested that all the milfoil had been eradicated, although there was an understanding that it could come back. So long as the new firm received approval that evening, the lakes manager would be in the Park on Thursday and Friday to assess the issue.
Jim Hays suggested that when and if the milfoil was eradicated, there would be excess phosphate in the lakes for other plants to absorb and that it was possible that these plants, which were perhaps natives, would become much more plentiful than they had been before. Algae blooms might also be more so. “The phosphate will be used by something,” he stated. “and if the milfoil is not there, something else is going to use it.”
Mayor McFadden added that people have been observing an increase in aquatic plant growth in Pond #3 and that he himself had observed an increase in growth in front of the Regna and Mengel properties on Tuxedo Lake. “But it’s not actually milfoil,” he said. “It’s a weed that is now able to grow because the milfoil is no longer there.”
Alan Barnett commented that he agreed with those who had spoken before him and further inquired as to whether the Lakes Committee would be directly involved with the Lakes Management firm. “I really think this is very important,” he added. “This is an issue that if done wrong has the potential for creating damage to our environment, damage to our aesthetics, damage to the value of the Park, so I really think that the Lake Committee ought to be involved.”
The Mayor thanked Mr. Barnett for this suggestion adding that they were all looking forward to a constructive debate on the matter.
The public hearing was then closed.
Reports:
Mayor McFadden asked John Ledwith to briefly touch on a recent tree incident that occurred on West Lake Stable Road on June 24. Mr. Ledwith responded that a fairly large tree had fallen onto the Turner property. The (?? WHO??) was subsequently in touch with a tree removal company who came out and flagged several trees for removal. They will be following up with that company to discuss other trees that they might remove. Mr. Ledwith has also been in touch with Orange & Rockland and they are going to come and assess that entire stretch of roadway as there are a number of tall trees that are hanging out over the water there.
Mayor McFadden expressed some further concern over the steep slope that exists on one side of the road there, commenting that in storms such as the ones that have recently occurred, often times perfectly healthy trees fall over. He suggested that he would be reaching out to stakeholders to see if they might develop some sort of plan for remediating these potentially dangerous situations.
Click here to view the Construction Report
Click here to view the DPW Report
Click here to view the Police Report
Public Comments:
Claudio Guazzoni reminded Mayor McFadden that his current term would expire on June 30 and that after that time, he might not be able to communicate with the Trustees as he wishes. He added that the newly hired counsel would be representing the Village and not the Mayor as a candidate. “If the Mayor wishes to have a counsel representing him as a candidate then David McFadden has to hire counsel with his own funds and not with Village funds to represent him…and yes, it’s about $25,000.”
“I am perfectly aware of that,” responded Mayor McFadden. “Thank you for pointing it out.”
Next, Mr. Guazzoni commented that there was a very important meeting taking place in the Town of Tuxedo that evening and he had been a little upset when he learned that the Village had rescheduled their meeting for the same time as that meeting. He asked the Mayor if he could update the community as to what was taking place in Town that evening and further if he could provide some insight into why he had chosen to schedule the Village meeting at the same time.
The Mayor responded that the June 21 meeting had been cancelled due to exhaustion on the part of various Board members and staff following the election the day before. In rescheduling the meeting, they reached out to all the involvzed parties and based on their collective schedules, a new date was chosen. Subsequently, Town Board members (and Village residents) Jay Reichgott and Michele Lindsay reached to the Mayor and requested that the Village try to move their meeting, if at all possible, which they tried to do but ultimately it was not possible. He pointed out that it was very likely a one-time occurrence and that thanks to Zoom technology, people would still be able to view both meetings, although he acknowledged that this was not as good as being there in person. He added that he regretted the conflict and was saddened that it had happened.
Mr. Guazzoni pointed out that by holding their meeting at the same time, the village had precluded themselves from being able to represent their residents and comment on proposed modifications to the Tuxedo Farms Special Permit.
Consent Agenda:
Trustee Kasker asked that they remove item D ‘Approve the Hiring of MEO Ryan Burns Effective June 27, 2023’ for discussion. It was agreed that this item would be moved to an executive session.
Following some further discussion, the Board voted unanimously to approve the following items from the consent agenda:
Add all written reports to the permanent record
Approve hiring of P/T Officer Scott Vecchio Effective June 22, 2023
Approve to Pay Fourlane $4,085 for training and support
New Business: Discussion Regarding Annexation of Bruno Property from Town to Village - There was no discussion, rather the Board voted unanimously in favor of adopting a local law (#2 of 2023) which allows for the annexation of two pieces of property from the Town to the Village. Resolution Approving Road Paving Costs and Road Maintenance Costs of Village Roads – The Village is set to go above the allocated amount of $200,000 for road resurfacing. To date, costs total $230,000 and this does not take into account the $20,000 that they usually keep aside for pothole repair. They are looking at an increase of $50,000. This includes work done to Tuxedo Road, Serpentine Road and West Lake Road (part 2). They are hopeful that once this work has been completed, they will have enough left over to repair Lorillard Road where it meets Continental Road. Trustee Kasker expressed some concern as to where in the budget they might be able to find the $50,000. Mr. Ledwith responded that the work was not scheduled to take place until the end of the summer and therefore they had the benefit of some time to work through that, although he recommended that they do it within the next 30 days. Trustee Kasker suggested they wait until they knew where the money was coming from before the approved the expenditure. Mayor McFadden recommended that they approve it, further noting that they were on a timeline with the Orange County contract. He added that Mr. Ledwith did not seem concerned that they wouldn’t be able to find the money and they would have 30 days to look into it further. Following some further discussion, the Board agreed to approve the expenditure pending the allocation of expenses and voted unanimously in favor of doing so. Resolution to Approve Funding for Wee Wah Park Parking Area using Funds Allocated for such a Purpose in the Current 2023-2024 Budget- The Village has allocated $20,000 in this year’s budget for repair and maintenance at the Wee Wah Park. They have received an estimate of $18,000 to resurface/pave the parking lot and newly constructed road that runs around the bathroom. Mayor McFadden proposed that they take $18,000 of the $20,000 budgeted to fund the project.
Trustees Kasker and Shaw inquired as to what was there now. The answer was compacted gravel. Trustee Shaw wondered how much had been spent to date on the recent improvements. Mayor McFadden informed her that all recent improvements had been funded via a very generous donation from the Madden family. Trustee Kasker stated that he didn’t understand the wisdom in paving it. He wondered why they would want to add impervious surfaces to a beautiful, natural setting. The Mayor responded that before they could move forward with the project, they would have to appear before the Planning Board and they could take it up with them at that time. He suggested that the Trustees approve the allocation of funds so that they could move forward and get themselves onto the Planning Board agenda and get their input.
“I’d rather go the other way,” stated Trustee Kasker.
“I’m sure you would,” the Mayor responded.
Trustee Brooke interjected that these were not roads that would be utilized during the winter and as such, plowing would not be an issue in terms of wear and tear. Therefore, he suggested, it might not be critical that we spend $18,000.”
“That’s fine,” replied the Mayor. “Let’s go to the Planning Board and see what they think.”
There followed a short discussion as to whether it would be more appropriate to bring the project before the Planning Board or the Board of Architectural Review, with Mr. Ledwith suggesting that the BAR was the appropriate Board to handle aesthetic issues and the Mayor asserting that it was the Planning Board who needed to look at it first in terms of drainage and runoff. The Mayor then conceded that there were no storm drainage systems in that area and that as there would be run-off, perhaps it wasn’t the best idea. He asked for alternative suggestions. The item was then tabled. Resolution to Allow Certain Private Clubs to Use the Wee Wah Park & Beach Facility with Board Approval (For example the Tuxedo park Jeep Club and the Open Water Swim Club) –Mayor McFadden explained that there are several private clubs that would like apply to the Village for temporary use of certain sections of Wee Wah Park. Trustee Shaw asked for clarification as to whether this would apply to Village Clubs only. Mayor McFadden explained that they were private clubs that existed within the Village but were not officially sanctioned by the Village. Trustee Kasker wondered whether these clubs would need to sign lease agreements. Village attorney Brian Nugent responded that typically in situations like these, some sort of agreement was signed. Trustee Scherer wondered what it was they would be approving, suggesting that these Clubs could at any time come before the BOT and request their permission. Mayor McFadden responded that he felt it would be a good thing if they formalized this Following some further discussion, it was determined that these things could be dealt with on a case-by-case basis. “Tabled,” stated the Mayor. Appointment of Ryan Lunch to the BAR to fill the open seat of (TBD) – The Board voted unanimously in favor of the appointment. Discuss a Process to Fill Seats on the Appointed Boards of the BAR, PB and BZA- Trustee Kasker suggested that moving forward, when the Mayor had a candidate to present for Board approval that they should have a formal meeting. “I think there are a lot of benefits to this,” he explained, “We would get to hear each other’s questions, think about things that we wouldn’t have thought of before, get to ask the candidate for clarification, get commitments from the candidate for things that we think are important to the Boards, and then vote. That way the candidate senses the seriousness of the five-year term as well.”
This idea was discussed for a few minutes and all of the Board members were in agreement that it was a good idea. It was agreed that they would work through it and work it into the Reorganization agenda. Resolution to Hire GEI as Lakes Manager – Trustee Kasker inquired as to whether or not they a draft agreement to review. Trustee Scherer responded that it was a negotiated agreement totaling roughly $41,000 and proceeded provide a brief summary of the scope of work. Mayor McFadden added that at this point time, based on the most recent survey of the Lakes, the Village did not foresee the need for milfoil treatment this year. The resolution was approved unanimously. Jim Hays wondered whether or not there would be money available to mitigate any milfoil that might turn up as a result of one of the two planned aquatic surveys. The Mayor responded that should that occur, they could discuss it and likely take the money from the water fund. Resolution Approving Wee Wah Park Dumpster – The dumpster in question has been rented and will be in place at the Wee Wah Park throughout the summer season. It is not bear-proof. Trustee Kasker suggested that moving forward, they take measurements and attempt some sort of screening in the area where the dumpster will annually be installed. The Board agreed that this was a good idea. The resolution was passed unanimously. Resolve to Approve Intermunicipal Agreement with Town for use of Wee Wah Park by the Town of Tuxedo Summer Camp- This agreement has already been signed and is similar to the one that was in place last year. The resolution was unanimously approved. Resolution Awarding Stone Wall Repair Bidder- This BID was awarded to HC Landscaping. The amount was not disclosed. Resolution Authorizing Payment to Arnold Construction Company- The Board voted unanimously in favor of approving this resolution. CDBG Resolution – the Board voted unanimously in favor of authorizing the signing of a CDBG resolution. Resolution to Approve the Continuation of the Village Insurance Policy with Travelers- The Board voted unanimously in favor of rolling over the Village’s insurance policy with Travelers. Resolve to Pay Vendor for Work Done on Behalf of the Trails Committee – The Line Item for Funds Shall be from Private Donations Made to the Trail Committee- The Board voted unanimously in favor of approving the expenditure as presented. The money will come from private donations that have been made to the Trail Committee.
Old Business: Resolution to Invest Village Funds with NYCLASS for a Higher Interest Rate Than They Receive Currently- The Board had a somewhat lengthy discussing with regard to how much money they should invest with NYCLASS as opposed to how much money they should leave in the Chase accounts. Ultimately, they decided to create a committee consisting of Trustees Shaw and Scherer along with John Ledwith and Elizabeth Doherty to make recommendations to the Board as to what they should invest in NYCLASS and also have the authority to move forward with the investments so that the Village can take advantage of the higher interest rate. A resolution reflecting this was brought forward and unanimously adopted. Municipal Cooperation Resolution for NYCLASS – The Board voted unanimously in favor of adopting this resolution.
Following the audit of claims, the Board adjourned into an executive session to discuss legal matters, certain Village employees, hiring of a new DPW employee, negotiation of DPW contract and a water utility collection matter.
Notice of Special Village Board of Trustees Meeting June 9 2023
(*Taken From the Village Website 6/7/23)
We want to inform you that a Special Board of Trustees meeting has been scheduled for this Friday.
The purpose of this meeting is to discuss the total investment of village funds with NYCLASS, along with other important matters that may arise for consideration by the board.
We understand the significance of transparent and inclusive governance and invite you to stay informed and engaged. The official agenda for the meeting and detailed instructions on how to join the meeting via Zoom will be made available to the public tomorrow.
Suppose you have any questions or concerns regarding the purpose of this meeting or any specific topics you would like to see addressed. In that case, we encourage you to contact the village treasurer, Elizabeth Doherty, at edoherty@tuxedopark-ny.gov. She will ensure your inquiries are brought to the board's attention for appropriate consideration.
Your participation and involvement are vital to the decision-making process. We value your input and believe we can make informed decisions that positively impact our community.
We appreciate your attention to this notice and look forward to your presence at Friday's Special Board of Trustees meeting.
Special Village Board of Trustees Meeting May 24, 2023(*Taken From the Village Website 5/24/23)
We reached a reasonable compromise on investing in NYCLASS (a Municipal Investment Fund). Essentially, we agreed to increase our interest by investing in NYCLASS after the Federal Government resolves the debt ceiling matter and with the clearance of all legal hurdles, if any. Further, we agreed to compare comparable investment opportunities in the private sector and welcome recommendations from the public and other professionals moving forward.
The Village Board of Trustees met on Wednesday, May 17 at 7pm. Board member Chris Kasker was absent.
Zoom Presentation From NY CLASS Local Investment Pool:
The Board received a presentation from Chris Starr of NY CLASS, a local government investment pool that allows municipalities and districts to pool funds there and collectively earn interest on investments. A basic overview of the features and benefits they offer can be viewed here.
The Mayor and Trustees responded favorably to the presentation. Village Attorney Brian Nugent informed the Board that the Town of Monroe had been in the program for three years and were very pleased with it. Monroe supervisor Anthony Cardone has offered to speak with the Village about the program and it was agreed that they would reach out to him. Town Councilwoman Michele Lindsay noted that the Town of Tuxedo had also met with NY CLASS back in February and spoken with Supervisor Cardone and were planning to pursue the program. While everyone agreed that it sounded like a viable opportunity and solid source of revenue, It was agreed that Trustees Brooke and Scherer would spend some time over the course of the next month looking further into it and report back at the next Trustees meeting.
Public Hearing on Draft Local Law No. 1 – Boar and Dock Length (not Permanent Docks:
The public hearing was opened. Mayor McFadden noted that the Board was in receipt of a letter in support of the law from Sean Madden. Commenting that he would not be reading the letter aloud, he noted that it would be added to the permanent record and made available in the Village Office for anyone who wanted to view it. Trustee Brooke then briefly summarized the letter, in which Mr. Madden indicates that he has a 10-foot dock and a 20-foot boat and would like the ability to increase his dock size to 20-feet for safety reasons and to better accommodate his boat.
Jim Hays commented that at the previous meeting the Mayor and Trustees had agreed to create and circulate a survey amongst the residents soliciting thoughts and opinions on the proposed legislation. He wondered why this had not happened.
Mayor McFadden responded that they had not had the time to do this yet, but assured Mr. Hays that they would not be voting on it that evening.
As there were no further comments from the public, the hearing was continued until June 21 at 7pm.
Reports:
Click here to view the DPW Report
With regard to the work completed at the Wee Wah Park, Mayor McFadden added that 10 new flowering trees had been planted on the property and that by seeding the old gravel parking lot, they had created at least 20k more square feet of green space. Additionally, they are planning to install a new, pre-fab structure near the entry way, primarily for use by Beach Club Management and checkers. The plans for this were recently approved by the Village BAR. The annual celebration party scheduled for Saturday May 20, might have to be reschedule for the following day due to the possibility of rain. Mayor McFadden will keep everyone informed.
Click here to view the Police Report
Mayor McFadden added that he and the Chief had recently pulled together all of the updated materials/information pertaining to laws, creeds, restrictions and regulations and would be distributing these to landscapers at both the Front and Back gates in the coming weeks.
Click here to view the Building Department report.
Public Comments:
Michele Lindsay announced that on the following evening there would be a public presentation at Town Hall focused on plans for improvements to the Downtown/Hamlet area. The presentation will begin at 7pm and the public can either attend in person or via zoom.
Consent Agenda:
Consent Agenda items were approved unanimously.
Old Business: Resolve to approve the T.A.B. Construction Plan for the Race Track Nature Preserve -
The Board voted unanimously in favor of approving the plans, which include the installation of a custom, concrete cover over a large elephant drain on the property, a new, cedar wood handrail at the stone steps near the northern entrance and rustic style cedar gates to replace the rusty metal pole at the Tuxedo Road entrance. Details, including full descriptions and pictures can be viewed here. These plans were before the BAR on May 15, where they were warmly received and endorsed.
New Business: Levy Unpaid Water and Sewer charges – The Board voted unanimously in favor of levying all unpaid water and sewer charges onto the upcoming tax bills.
Following the audit of claims, the Board adjourned to an executive session to discuss certain Village employees and legal matters.
Notice of Special Village Board of Trustees Meeting April 28, 2023
The Village Board of Trustees will hold a special meeting on Friday, April 28 at 11am to discuss the adopted budget and consider suggestions and comments from the public.
The Village Board of Trustees met on Wednesday, April 19 at 7pm. Trustees Shaw and Scherer joined the meeting remotely via Zoom.
Mayor’s Comments:
The Village election is coming up in June and Mayor McFadden announced that he, along with Trustees Brooke and Scherer would be re-running. Commenting that it had been a pleasure serving the community for the past two years, he indicated that they were looking forward to serving for another two and that they hoped they had the support of the community.
From the audience Jim Hays inquired as to whether or not there was any opposition.
The Mayor responded that he was not aware of any, but would not be surprised by it.
Trustee Brooke commented that any opposition would need to file their petitions by May 9. He further indicated that the petitions for himself, Trustee Scherer and Mayor McFadden were in the back of the room and invited anyone who felt so inclined to sign them on their way out of the meeting.
Public Hearing on the Preliminary Budget for Fiscal Year June 1, 2023 – May 31, 2024:
The Public hearing was opened by unanimous resolution. The Mayor then asked the Board members if they had any comments or questions.
Trustee Kasker inquired about engineering, wondering whether $270,000 worth of required engineering projects that had been detailed to them in an email from the Engineer the week prior had been included in the budget.
The answer was not yet and this spawned some discussion. Trustee Shaw indicated that some of the projects listed in the email had been recommended as priority while others had not. “The big one is going to be the wall up on Summit Road,” she noted further suggesting that she believed the engineering fees alone would be upwards of $50,000. Further discussion revealed that the BOT anticipates that this project could cost “hundreds of thousands” and that they will need to work with their bond council, accountant and general attorneys to determine the best way of funding the project.
Reiterating his earlier question, Trustee Kasker noted that the letter they had received indicated that there were $270,000 worth of projects that were required by regulatory agencies on the list and that he wanted to make sure that these were in the budget so that they would not have to go back and make amendments at a later time.
Trustee Shaw responded that she would make sure they were added in.
Generally speaking, Trustee Brooke commented that it looked to him as if the Village had run things extremely well with revenues coming in a little above forecast and expenditures a little below.
“Yes, I am very excited about another opportunity to keep taxes low,” responded the Mayor.
Audrey Perry inquired about the sewer charges. Mayor McFadden explained that by establishing a separate Sewer Department a couple of years back, the Village had been able to ensure fair and equitable cost. Before that time, sewer charges were spread evenly across the tax base, regardless of whether or not a property actually utilized the system. Now however, those properties who do not use the sewers are not charged for them. Mrs. Perry has the benefit of living on one of these properties.
Jim Hays inquired about the Lake Management and Watershed Studies, noting that the 21/22 budget had allowed for $80,000 and only $30,000 had been spent. The following year, $90,000 was budgeted, but it appears as though all of this money has been spent. He asked for clarification. Mayor McFadden then asked Trustee Shaw whether the Lakes Management budget had been exhausted and Trustee Shaw indicated that it had. The Mayor then stated that they would be putting in additional funds for Lakes Management but were waiting to hear from the new firm before doing so. Mr. Hays then inquired about the new firm. The Mayor explained that current Lake managers N.E.A.R. had notified the Village that they would no longer be servicing the account due to staffing issues. They subsequently referred the Village to a new firm where the previous Lakes Manager is now working, and the Village has engaged them. They are awaiting the contract. Mayor McFadden noted that as part of the initial negotiation, he had been able to arrange for annual payments as opposed to one larger, lump sum up front as originally requested. Once engaged, they will be working together with Solitude to determine where milfoil treatment/remediation might be needed.
Mr. Hays inquired as to whether the money that had been set aside in the previous budget for the storm drain project would be rolled over into the new budget.
The answer was yes.
The Mayor then recommended that the Board approve the budget with the understanding that there was an outstanding item.
Village Attorney Robert Zitt advised the Board that if this was their intention, they should make a resolution authorizing whatever change would be necessary and close the public hearing. They could then approve the tentative budget. Any other desired changes can be made after the hearing is closed, but this would require an additional meeting. The Board has tentatively scheduled a meeting for April 28 and so long as everything is in order with all changes made beforehand, they will be able to adopt the budget at that time.
The conversation continued. Board Clerk Elizabeth Doherty had some questions about the contingency line, noting that it was showing as a negative number. She indicated that this had been done in order to bring the appropriations in line with the revenues. “The revenues are either too low or the appropriations are too high,” she commented, further suggesting that if they were to remove a Capital Fund contribution, things would level out. She wondered if this could be done.
The attorney advised that these were things that could be worked out with the Village’s financial professionals after the Public Hearing had been closed. He reiterated that for procedural purposes, his recommendation was that they close the hearing. Then, they could take some time to work out the details and schedule another meeting for the end of April at which they could officially adopt the budget.
“We’re not going to be meeting again because we are going to approve the budget tonight,” responded the Mayor. “I want to make a contingency by resolution now so that we can then approve the budget.”
Trustee Shaw commented that she “could not really wrap her head around” the Appropriated Surplus line and wanted to speak to the accountant about it.
The mayor asked her if she felt it could change significantly and she responded that she did.
The Attorney reiterated that they could approve the tentative budget that evening and still make changes prior to the May 1 adoption deadline. The Board was agreeable to this.
From the audience, Marc Cintron commented that as the budget had only been publicly released late that afternoon, he was requesting that the Village keep the public hearing open so that residents would have sufficient time to review the proposed budget before it is finalized. “Putting it on the website at 3 or 4 in the afternoon for a 7pm meeting simply does not provide sufficient time for members of the public to review the proposed budget and to ensure that their voices will be heard should they have any questions for you….and I would respectfully request that you keep the public hearing until at least April 28, which is what you indicated you would do in the missive that was sent to the community.”
“Right,” responded the Mayor. “We have a little bit of a dilemma in that the actual public hearing is required to be closed tonight by calendar.”
The attorney confirmed this.
“So, we are going to close it,” he continued, further indicating that they would take any public comments at any time before the 28 as well as at the meeting itself.
The hearing was closed.
The Board then voted unanimously in favor of approving the tentative budget.
A meeting was then scheduled for Friday, April 28 at 10am.
Public Hearing – Draft Local Law No. 1, Revising the Lake Laws Related to Dock Size:
Click here to view a copy of the draft law.
Jim Hays asked for an overview of the proposed legislation.
Trustee Brooke explained that Village had been informed by their council that there were 21 local laws that are not reflected in the general code, meaning the laws at written do not match up with the Village Code. The current law as written does not allow for docks that are longer than 10-feet. The Board is attempting to codify this by adjusting the allowable length to be the length of owner’s boat plus 6 inches on either end. Additionally, they would like to adjust the allowable length of boats, raising it from 20 to 25 feet. Lastly, although it is not in the current draft, they would also like to allow for permanent docks as opposed to requiring removable ones.
“I don’t understand this at all,” stated Mr. Hays. “I don’t understand why the dock has to be the length of the boat. Why can’t the boat stick out beyond the end of the dock?”
“Because then you miss your doors on occasion,” Mayor McFadden responded.
“It’s the judgement of people who have worked on this,” added Trustee Brooke “that a 10-foot dock length is inappropriate for a 20 or a 25-foot boat. Given that inappropriate contrast, we are allowing dock length to be expanded to the length of the boat plus 6 inches on each end.”
“Why are you increasing the length of the boats?” Mr. Hays asked.
“Because the law is fairly old and doesn’t take into account all the new innovations with electric boats. Look at what’s out there now! There are tremendous opportunities for electric boats that are over 20-feet…but some of them are 30-feet, so we thought we should at least cap it.”
“The size of the lake has not changed,” asserted Mr. Hays. “So, why is it appropriate now to have bigger boats? It’s a small lake.”
“Well,” retorted the Mayor, “why was it appropriate to limit them to 20-feet?”
“The residents have said that they would like to have larger boats,” added Trustee Brooke.
“Of course,” responded Mr. Hays, “but that is no reason to do it. I am concerned that we have a really very small lake and it’s seemingly very beautiful whether you happen to have a pontoon boat or not. To put larger and larger boats on a very small lake I think is a bad idea. People have gotten along very well with reasonably small boats. I see no reason to increase the size of the boats. The lake would become clogged…and pontoon boats are ugly. They really are. I mean, for anybody else who is looking at them. Yes, some of the electric boats that are on the lake are beautiful, but the big, long boats are ugly. That’s my view.”
“I’m hoping that some of these new alternatives will be taken advantage of. They are not pontoons. I would discourage pontoon boats if I had a choice.”
“There are pontoon boats out there that are longer than 20-feet that are grandfathered,” added Trustee Brooke, “because those boats were on the lake before these laws got passed. There is a curious history. The lake was not part of the Village when the Village was incorporated. The lake came in much later.”
Mr. Hays inquired about the construction of the permanent docks, wondering whether they would be stone or cement.
“If you look at almost all the docks on the lake,” responded Trustee Brooke, “they are wood.”
“And they are all subject to the B.A.R.,” added the Mayor.
Mr. Hays replied that the wooden docks were removed seasonally because the ice would take them out if they didn’t.
“Not if they have certain types of foundation,” suggested Mayor McFadden.
“The only really removable docks are The Clubs’ docks,” stated Trustee Brooke, “and that was put in by a law that permitted many boats to be put in together.”
“and the Village Boat Club,” interjected the Mayor.
Mr. Hays wondered whether the Club would now be allowed to have permanent docks.
The answer was yes.
“You are making a big modification to the shoreline,” cautioned Mr. Hays, “if you install concrete piers into the lake….and this is what you are proposing to do.”
The Mayor responded that this was something that would be discussed at a later date and that the construction of permanent docks was not included in this particular local law.
Concluding that Mr. Hays did not want to increase the size of permissible docks or boats on Tuxedo Lake, Trustee Brooke attempted to move the conversation along.
Mr. Hays reiterated his concern over what he considered to be a major modification to the shoreline of the lake.
“It is not a major modification because many of the docks out there now are stone and cement and rock,” asserted Trustee Brooke.
“That’s true, but they are grandfathered,” responded Mr. Hays. “You are talking about new ones.”
“We’re talking about the fact that permanent docks may have to have a more stable foundation,” replied Trustee Brooke. “You have made your concerns known.”
“I am against permanent docks,” commented Jill Swirbul. “I think it will make too much of a change to the shoreline.”
“I also agree with Jim Hays,” stated Audrey Perry. “I also think that a permanent dock that is going to be as large as you are talking about really would be an eyesore to the lake. It’s not that big of a lake.”
Jay Reichgott pointed out that the proposed dock sizes for the Tuxedo Club and Tuxedo Boat Club marinas are limited to their current size. “If the people who are using those docks also want to have larger boats, then it would only seem fair that a similar increase in the size of those docks be permitted.”
The Mayor explained that in 2005 when the Club installed docks without Village approval, there was an issue and ultimately they came to a settlement, which included a provision that they could not expand.
“Everything has to go to the BAR,” interjected Trustee Brooke. “If the Club wants more boat spaces, they would have to go through the BAR.”
The Mayor suggested that they should ask both the Village Boat Club and the Tuxedo Club for their thoughts and that further the public hearing should be extended.
“I think we should hear from all interested stake holders,” stated Trustee Kasker.
“Trustee Brooke keeps talking about projects going before the BAR,” noted Mr. Hays, “but this is a serious matter and the Trustees should set very strict rules about it. This is not something that should be left up to the BAR.”
“The Trustees approve all docks,” affirmed Mayor McFadden, but he further noted that it was the BAR’s responsibility to approve materials and they had rules in place to regulate that.
Mr. Hays expressed his concern that the BAR did not in fact have rules in place.
In an attempt to summarize and move things forward Trustee Brooke suggested he did not see any controversy over increasing the size of the docks to accommodate boat length. Rather, the controversy appeared to be over increasing the permissible boat size.
Mr. Hays contested this, noting that he was raising controversy over both. “You are doing a lot things at this point which will make very major changes in how this lake looks…and there are people that live In the Park that don’t live on the lake. We care about the lakes as well as those who happen to want bigger docks and bigger boats and all the rest of it…and there are a lot of us…and we all vote.”
Claudio Guazzoni commented that he felt the Board needed to be paying attention to the what Mr. Hays was saying. He suggested that Trustee Brooke was getting pretty aggressive. “Trustee Brooke has a property on the lake and obviously he wants a bigger dock and a bigger boat. Some of us do not have properties on the lake. We don’t have boathouses….but we do appreciate living in a more rustic environment. We do not want Tuxedo Lake to become Greenwood Lake. I take great exception to all the Rodney Dangerfields that I see on the Lake right now. It’s not what I bought into when I moved here 1997. Jim Hays should be taken very seriously.”
Marc Citrin agreed with Mr. Hays. He further suggested that the Village consider surveying the residents, similar to the way they did when the Traffic Booth at the Front Gate was reconstructed. “It’s my personal opinion that all the residents of this community, who love this community, should have the chance to weigh in by way of referendum or survey.”
The Mayor responded that they would take this into consideration.
Chiu Yin Hempel commented that she agreed with Mr. Hays and all the speakers who had come before her. “This whole issue about the docks is a very important matter because we are talking about permanent construction at our reservoir. To the point about the BAR being the approving the authority before the BOT issues a final approval….as far as I know the BAR has no standards at the moment about dock construction on our reservoir.”
Mayor McFadden asked Building Inspector John Ledwith to clarify whether or not the BAR had material requirements for docks.
Mr. Ledwith responded that the BAR had established a list of preferred materials. These are not published. Cedar and Mahogany are currently the materials of choice.
Mrs. Hempel noted that it was not only the choice of wood but the chemicals with which the wood was treated and how the concrete platforms were being manufactured and whether they were completely on shore or partially in the lake. All of these are important factors and she does not feel it is appropriate to designate that the BAR is in control of safety and all these other issues. The Village needs to ensure that the BAR guidelines address these things. Boating and construction around the lake is an important issue. She supports the idea of a community-wide survey.
There were no further comments from the public.
Trustee Kasker inquired of the attorney whether they might be able to research any current DEC or Army Core of Engineer rules pertaining to the construction of docks on a reservoir.
The attorney responded that as far as he knew there were no state regulations pertaining to docks but they would be happy to look at other municipalities to see what they might be doing.
“I support continuing the hearing based on the comments we have heard tonight,” stated Mayor McFadden. “I am not interested in passing something in the dead of night. I want public input from everybody on all sides.”
“We definitely need more input,” stated Trustee Scherer, championing the idea of survey.
Following some further discussion, it was agreed that the hearing would be continued until 7pm on May 17. Mayor McFadden volunteered to draft a survey which he said he would circulate to the Board for their thoughts.
Reports:
Click here to view the DPW Report
Mayor McFadden asked DPW Superintendent Jeff Voss to comment on the recent landscaping work the department had done at the Wee Wah Beach Club property. Superintendent Voss noted that they had removed several dead trees, and also created a path with woodchips behind the playground area and down by the water. This path extends towards the DPW facility to a set of newly constructed stone steps, which lead back up to the horseshoe area.
“For anyone who is concerned about the tree removal,” commented the Mayor, “we did contact Christopher Gow from the tree committee in advance and got approval for all the trees that were taken down…the fact that they were dead.” He went on to note that the tree committee was also proposing to plant a number of flowering trees at the Wee Wah and they were currently working to coordinate locations. Once decided, the DPW will retrieve the trees from the nursery and dig the appropriate holes and children from TPS will join the Village in planting them on April 28, which is Arbor Day.
Click here to view the Police Report
Mayor McFadden noted that this is time of year when people from TPS and The Club are renewing their gate access registration. He reminded everyone that if they had been working with a contractor or a domestic who had previously been granted access but was no longer working here, this would be the time to remove them from the access list. To do this, residents should call Denise in the Village Office.
Click here to view the Construction Report.
Village Clerk Elizabeth Doherty announced that on Friday, April 28 the Village would be hosting a paper shredding event at Village Hall. The event will take place from 12:30 to 1:30pm ( , but residents are welcome to bring their materials to the Village office any time before that and she will see that they are shredded. Additionally, bulk pick-up in the Village will take place on Saturday, May 13.
Mayor McFadden also noted that people had been asking about renewing their Beach Club memberships. “We have not formally opened that process up yet,” he stated, but it will be opened up shortly and announcements will be made.
Tuxedo Park Tree Advisory Board Presentation:
On behalf of the T.A.B., Jill Swirbul requested asked the Board for approval regarding three safety issues they would like to address at the Race Track. These include:
Remediation of an open elephant drain near the Tuxedo Road entrance
Installation of a cedar wood handrail at the steps near the East Lake Stable Rd entrance
Installation of new, rustic style cedar wood gates at the Tuxedo Road entrance
The full proposal can be viewed here
Mayor McFadden asked whether or not the group had ever considered relocating the main entrance over to the Fox Hill side of the property, which would allow them to both create more parking and close the Tuxedo Road entrance. “We’ve had a couple of accidents there,” he noted further suggesting that having cars parked there was not most aesthetic option. Mrs. Swirbul responded that she would bring this back to the group for their consideration. The Mayor then inquired as to whether or not the TAB had been before the B.A.R. with their proposal. Mrs. Swirbul replied that they had not as of yet and that they were waiting for B.O.T. approval before taking that step. Mayor McFadden suggested that this was backwards and that they needed to receive B.A.R. approval first. He further suggested that the B.O.T. would welcome the B.A.R.s input in making these decisions. Trustee Brooke commented that in his view all of the requests were reasonable and he feels that the Village should move forward with them.
Climate Smart Task Force Report:
On behalf of the Climate Smart Task Force, Jim Hays reported that the group was working towards developing a climate action plan for Village government. They have completed an inventory of greenhouse gasses admitted by the Village Government in 2018 and they are currently working on one for the year 2022 so that they can compare. The State has set ambitious goals for reductions over the next several years and they are attempting to discover whether they are possible to obtain and at what cost. One of the things they are looking into is the Inflation Reduction Act, which has a lot of money for this kind of thing. There is a new member on their committee, Jack Perna, who is familiar with this type of grant writing and he has agreed to look further into it. Mr. Hays will be putting together an annual report on the work of the Task Force, which he will be submitting shortly. Public Comments:
Claudio Guazzoni expressed concern about the level of the water in Tuxedo Lake, suggesting that it was 8 to 10 inches low. He wondered whether they should consider putting a stop log in place to ensure that more water is not lost. Mayor McFadden responded that he would discuss this with DPW Superintendent Voss the following day and follow up.
Consent Agenda:
The Board voted unanimously in favor of approving the consent agenda.
Old Business: Resolve to Annex Parcels from Town of Tuxedo into Village of Tuxedo Park – The resolution was read into the record after which the Board voted unanimously in favor of approving it. Resolve to Approve the Establishment of a second “Minimum Sewer Charge” for Residents with Water Wells that will not allow the Village to Install a Water Meter – Following some discussion, the Board voted unanimously in favor of approving this resolution.
New Business: Retain Cooper Arias for Auditing Services for Fiscal Year Ending May 31, 2023 for a fee not to exceed $24,000 – The Board voted unanimously in favor of moving ahead with this. Resolve to Approve Annual Rates for Village Insurance – These have increased slightly and this was briefly discussed. The proposal was approved unanimously. Resolve to Approve Climate Action Plan – Audrey Perry had some questions and asked for clarification pertaining to a discussion on renewable energy that took place at a previous meeting. Following a brief discussion, the plan was unanimously approved. Authorize Purchase of Vehicle for Police Department – This was unanimously approved. Authorize General Code to Proceed with Supplementation and Code Reprint for a fee of $7,960- General Code is the company that maintains the Village Code online. Since last updated, the Village has past 21 local laws and they now need to be incorporated in. The Board voted unanimously in favor of proceeding. Resolve to Sign NYCOM Letter in Support of a Dedicated Funding Stream for Water and Sewer Systems (SWAP) – The Board voted unanimously in favor of authorizing the Mayor to sign this letter. Authorize Westin & Sampson SSES Phase 2 Investigations Proposal- The Board voted unanimously in favor of authorizing Phase 2 of the SSES Investigation. Discuss State Grants for Critical Water Infrastructure Projects – Governor Hochul has announced 425 million dollars in grants for critical water infrastructure projects state-wide. The Village voted in favor of authorizing Westin & Sampson to apply for the grants. Resolve to Re-Proclaim April 28, 2023 as Village of Tuxedo Park Arbor Day- In an attempt to be proficient, the Trustees initially made this proclamation back in October of 2022 , but have since learned that in order to be effective, it must be made within the same calendar year as the event, which is next week. They voted unanimously in favor.
Following the audit of claims, the Board adjourned into an executive session to discuss certain Village employees, legal matters and utility matters.
The Village Board of Trustees met on Wednesday, March 15 at 7pm. Trustee Scherer participated remotely via Zoom.
Swearing in of Police Officer Jacob Goldstein:
The meeting began with the swearing in of newly hired Village Police Officer Jacob Goldstein.
Mayor’s Comments: Mayor McFadden expressed his gratitude to the DPW, the Building Department and the Police Department for “an exceptional month” of hard work.
Public Hearing on Draft Local Law No. 1, Revising the Lake Laws Related to Dock Size:
The public hearing was opened. Mayor McFadden listed several items that the Board would like to see incorporated into the draft of the local law they had received from their attorney. These included: boats can be up to 25 feet, docks can be built one foot longer than the size of the boat, there will be no changes to either the BAR or BZA process for docks or changes to permitted materials.
Noting that he had something that he wanted to “piggy-back” onto the discussion, the Mayor turned to the topic of swimming in the Wee Wag Lake. He asked the Board to consider allowing the Long Distance Swim Club run by Sally Sonne to launch their activities at their own risk via the Wee Wah Park. He added that they expected to have information from both the Village Attorney and Insurance Broker as to whether or not this would be possible at some point in the next month.
Turning back to the docks, Trustee Brooke commented that he felt they should specify that all docks must be permanent docks, as the craftmanship on these was superior to temporary docks. He further noted that The Tuxedo Club was the only entity with temporary docks allowed on Tuxedo Lake and this was solely because they had so many slips.
The public hearing was continued until April 19.
Public Hearing on Draft Local Law No. 2, A Law Granting Property Tax Exemptions for Firefighters and Ambulance Volunteers:
The public hearing was opened. There were no comments from the public and so it was promptly closed. As he is a firefighter who will benefit from the law, Trustee Kasker noted that he would abstain. The Mayor and remaining trustees then voted in favor of passing the law.
Reports:
Click here to view the DPW Report
Click here to view the Police Report
Click here to view the Building Department Report
Public Comments:
There were none.
Consent Agenda:
Items in the consent agenda were approved unanimously.
Among these was the annual Fireworks display at the Tuxedo Club, approved for Sunday, July 2 with a rain date of September 2.
Old Business:
There was none.
New Business: Resolve to Require Residents with Wells to Install a Water Meter for the Purposes of Determining Accurate Utility Rents at Village Expense Under Reasonable Circumstances – There are a group of customers in the Village that use the sewer system, but also have wells. The Village needs to gauge how much water is being used internally in the houses in order to build a sewer rate properly. Following a brief discussion, the Board voted unanimously in favor of establishing the requirement. BAR Meeting Schedule Change – The Board voted unanimously in favor of adopting a BAR meeting schedule change. Moving forward, the BAR will meet on the first the third Monday of each month at 5:30pm, as needed.
The Board then adjourned into an executive session to discuss legal matters, contract and employee matters.
Following the executive session, the Board voted unanimously in favor of accepting a settlement pertaining to a Tax Certiorari litigation. Next they voted unanimously in favor of approving proposed budget transfers conditional upon the final approval by Deputy Mayor Shaw
Village Board of Trustees Meeting February 15, 2023
The Village Board of Trustees met on Wednesday, February 15 at 7pm. Trustee Scherer was absent.
The meeting began with a report from Village Clerk Elizabeth Doherty, who proudly announced that Village resident Sue Heywood had recently been recognized by Orange County Executive Steve Neuhaus as Orange County’s Citizen of the month. Mrs. Heywood has made and continues to make countless contributions to the Tuxedo Community through her outreach work at St. Mary’s and the Sloatsburg Food Pantry as well as her work with the Village lakes and CSLAP program among many other things. Moving on, Ms. Doherty acknowledged the Tuxedo Bag Project, which is a project that was launched roughly 16 months ago by two young Village residents who attend TPS. The original goal of the project was to collect 1000 reusable shopping bags to be donated to the Sloatsburg Food Pantry. Since launching they have collected more than 3000 bags and the program is still going strong. Collection boxes can be found in the Village Office as well as at St. Mary’s and other various locations around town.
Mayor’s Comments:
Mayor McFadden noted that this is a very busy time for the Board as they are occupied with both Tax Assessments and budgeting. He recognized the hard work of Denise Spalthoff who has been doing a lot of hard work with the Water Department as well as Elizabeth Doherty who has been extremely helpful recently, especially with the Village Website.
Jeff Domanski Presentation for Residents on the CCA Program:
Jeff Domanski, Executive Director of the Center for Economic Environmental Partnerships and the chosen, local non-profit partner for Joule Community Power (which is the state-approved community choice aggregation program administrator with which the Village and the Town are engaged) provided the Board and the Public with a brief presentation detailing the Community Choice Aggregation program. This is a program that was enabled in NYS in 2016 that allows communities to join together to form “a buying club” of sorts for the purpose of pursuing new electricity supply choices. Ultimately, this allows participants to pay competitive, if not better rates for 100% renewable electricity than they would otherwise pay from non-renewable production sources. Under the program, Orange and Rockland will remain the primary delivery company, meaning that they will continue to handle billing, storm damage repair and customer service related to the delivery of electricity. The CCA program provides an alternative choice in terms of production supply. The program is 100% transparent, locked into for a fixed period of time and participants can opt-out any time they want to. Joule will put together an RFP seeking rates on 100% renewable electricity and if an acceptable proposal is received, they will proceed, by circulating letters to all eligible customers within the opt-out area over the summer with hopes of launching the live program by late summer/early fall. An informational session was held at the Tuxedo Park Library on February 9 and it was well attended. A second session, sponsored by the Community Smart Task Force, will be conducted via Zoom on February 16 followed by another session at the Library on March 4.
The presentation was followed by a brief Q & A session. Residents are encouraged to educate themselves on the program by attending a future information session.
Resolve to Open Continued Public Hearing on Draft Local Law No. 7, Revising the Lake Laws Related to Dock Size:
The continued public hearing on Draft Local Law No. 7, revising the lake laws related to dock size was opened and immediately continued to March 15, 2023 at 7pm by a unanimous vote of the Board.
Reports:
Click here to view the Police Report
Chief Conklin reminded residents about the opt-out list for solicitation, encouraging them to sign-up if they wanted to avoid knocks on their door from Jehovah’s Witnesses or anybody else.
Click here to view the DPW Report
Click here to view the Building Report
Mayor McFadden noted that Cablevision has been in the Park installing 5G. He wondered whether there had been any issues. Audrey Perry commented that representatives had visited their home, essentially parking in their driveway to access the telephone pole. The proceeded to walk all over their property with wiring, which they left behind. There was no name or telephone number on their work truck. When approached by Mr. Perry, the workmen informed him that they did not speak any English. Out of concern, the Perrys called the Police, who had no idea who the workman were or how they had gotten in the Park. They also called Mr. Ledwith, who did not have any information. They are wondering who these workmen were and how they were able to access the Village.
Chief Conklin indicated that Cablevision frequently subcontracted work of this nature out and that he did not believe there had been any risk to security from the workmen. He further explained that in order to gain entry, they workmen had told the officers on the Gate that they worked with Cablevision and that most of officers spoke enough Spanish to understand what they were saying and where they were from. He further confirmed that the responding officer had collected Identification from the men.
The Mayor concluded that the Perrys had a legitimate complaint and that they should take it off-line and speak directly with the Chief. “We’ll make sure we figure this out,” he stated further requesting that Mr. Ledwith contact Cablevison in order to determine what was going on and how long the work was going to last.
Public Comments:
Audrey Perry commented that she was interested to understand why Trustee Shaw had voted against the 3-year contract for renewable energy at the previous meeting. Mayor McFadden responded that they had some information to share on this topic. “It turned out that some of calculations that we were originally working with were not correct,” he stated, “and the savings would not be born out. We are not pursuing it. There’s not the savings that we thought there was.” Mr. Ledwith added that it appears that the rates the Village is currently paying are competitive.
Claudio Guazzoni noted that he had received a number of emails and that rumors were flying around with regard to item #12 on the agenda concerning granting preliminary approval to connect to Village Sewer. According to Mr. Guazzoni there are a number of residents who believe that this is a request from Mayor McFadden in an attempt to connect his boathouse to the Village Sewer system. He asked the Mayor if he could refute this rumor.
Mayor McFadden responded that it was not true and that the item did not pertain to him and would be addressed later in the meeting as planned.
On behalf of the Tree Advisory Board, Christopher Gow reported that they had met with Denise Tavani at the Wee Wah Park to determine which trees need to be taken down by the DPW as a result of destruction by Emerald Ash Borers. Further they discussed the idea of hosting a tree-planting event on Arbor Day (April 28) together with children from TPS to replace the trees and help restore natural shade to the area. On March 19 they will be co-hosting an event with the Tuxedo Library via the Authors Circle where author Tony Hiss, who will talk about protecting the planet. Lastly, he inquired as to whether the DPW might be able conduct the annual mowing of the Race Track Nature Preserve while the ground was still frozen, which would make the work much easier to do. The Mayor responded that he would leave this to John Ledwith and Jeff Voss to work out.
Audrey Perry then inquired about Hickory Hollow and their request to connect to the Village Sewer system. Mayor McFadden noted that this pertained to the same item that Mr. Guazzoni had referenced earlier. As discussed during the January meeting, the Village was approached by the owner of that property, who is considering developing the land based on recent rezoning in the Town that allows for commercial use there. If that happens, the closest sewer would be available from the Village and if agreed upon, those property owners would then become customers of the Village Sewer system. Mrs. Perry wondered what they were doing there now and the answer was likely a septic system. “Let’s say they were going to put in a strip mall,” explained the Mayor, “ they would have to have a lot more sewer capacity and that would bring new income to the Village.” “What if it’s not something like that,” inquired Mrs. Perry. “What if it’s just a religious organization, which we seem to have so much of already and they don’t pay taxes.” The Mayor responded that this would not be up to the Village but rather the Town to approve. “They still pay a sewer bill,” indicated Trustee Kasker. Mrs. Perry expressed concern with the idea of giving approval for the connection before the property has been sold. Mayor McFadden asserted that they were not granting approval but rather letting him know that he would be welcome to apply and that the application would be granted provided it meets certain conditions. Trustee Brooke added that the letter indicates that the existing owner would be allowed to connect in but did not grant these permissions to a third party and that were they to transfer the property that transfer would have come before them for approval of the connection. “We maintain the right to make that tie-in. This is a preliminary approval to an existing person and it’s a Town property, so they pay nothing to us now,” he added.
Consent Agenda:
The consent agenda was approved unanimously.
Old Business: Resolve to Approve a Letter Granting Preliminary Approval to Connect to Village Sewer – The Board voted unanimously in favor of approving this resolution. A copy of the letter will be posted to the Village Website. New Business: Resolve to Approve Arch Amenities Group/ NYS Pool, Wee Wah Park & Beach Club Lifeguard Management Contract for the 2023 Season – The Board voted unanimously in favor of authorizing the Mayor to sign this agreement subject to vetting of the agreement by the Village Attorney. Resolve to Accept Body Worn Camera Grant – The Board voted unanimously in favor of accepting a $6,000 grant that will allow for the purchase of three body cameras to be worn by the Village’s full-time police officers. Resolve to Acknowledge or Approve: Weston & Sampson SSES Change Order No. 5; and Weston & Sampson Summit Road Retaining Wall Reconstruction; Sampson SSES – Proposal for On-Call Consulting Engineering Services – This resolution was unanimously adopted. Resolve to Award a Contractor for a “Shredding Day 2023 Event” on April 21 – Following a review of three estimates/offers and some subsequent discussion, the Board voted unanimously in favor of moving forward with On-Site Confidential at a rate of $600 per 50 boxes of shredded material. Discuss or Resolve to Pass a Local Law Regarding the Volunteer Firefighters and Ambulance Workers Property Tax Exemptions: Trustee Kasker explained that in December of 2022 Governor Hochul passed an opt-in law that allows municipalities to pass their own locals laws to exempt volunteer firefighters and ambulance workers 10% off their property tax assessment. Following a brief discussion during which some of specifics were further detailed, the Board voted unanimously in favor of both authorizing Board Attorney Brian Nugent to draft a local law and scheduling a public hearing for March 15 at 7pm. Resolve to Approve Orange County Intermunicipal Agreement: This pertains to land-use applications and the required County GML review. This agreement reduces the number of things that will need to be submitted to the County for approval moving forward, listing a number things that will henceforth be considered Local Concern. The Board voted unanimously in favor of approving the agreement.
Following approval of the audit of claims and budget transfers, the Board adjourned into an executive session to discuss and employee and legal matter as well as water accounts.
Village Board of Trustees Meeting January 18, 2023
The Village Board of Trustees met on Wednesday, January 18 at 7pm. All members were present.
Mayor’s Comments:
Mayor McFadden opened the meeting by wishing everyone a happy New year.
Reports:
A joint public hearing with the Village and the Town of Tuxedo focused on the annexation of two parcels of land into the Village as part of the Special Permit process for Tuxedo Farms has been scheduled. Village Attorney Brian Nugent explained that the parcels were purchased by Rattle Snake Preserve, owned by Michael Bruno, and that this organization then assumed the responsibility of moving forward with the Annexation. The hearing will take place on January 23. The Village and the Town will work together to make a determination as to whether it is in the best interest to annex the parcels. There will be a 60-day window following the hearing within which time an Order for Annexation will be issued. Within the original documentation, the Town has indicated that they will support the annexation so there should not be any controversy. One of the parcels is set to be preserved while there is the potential for residential development on the other, although there is currently no plan for development. Mayor McFadden inquired as to whether there was a way that the Village and the Town would split the property taxes for the upcoming year. The answer was yes, there is a process for allotment of any expenses, fees or taxes that will be worked out as part of the order once it moves forward.
On behalf of the Climate Smart Committee, Jim Hays reported on a program that is being offered by the New York Power Authority to municipalities for electricity. The committee is in receipt of three estimates from NovaBus outlining three contractual options for energy over varying lengths of time. Within each option, the Village can choose between fossil fuel supplied energy, 50% renewable energy or 100% renewable energy. The rates offered range from 41-46% less than what the Village currently pays. The program essentially runs in parallel with the Community Choice Aggregation program, which is for residential properties. If the Village decides to move forward with it, they earn points which will count towards their certification level as a Climate Smart Community. This will in turn allow them the opportunity to apply for grants that would not otherwise be open to them. The committee recommends going with 100% renewable energy for a 3-year term. Trustee Scherer agreed with this recommendation.
Click here to view the DPW report
Click here to view the Police Report
Mayor McFadden asked Chief Conklin to report on a recent incident involving ATVs in the Village. He explained that there had been a complaint in December pertaining two noisy ATVs driving past a residence on a Saturday night two times within a two-week period. The resident identified tire tracks coming from the Fox Hill trail onto Club House Road and reported this to the police. The Police then followed the tracks, which lead to a house on Stevens Lane in the Town of Tuxedo. They knocked on the door and the owner indicated that one of the primary reasons he had bought the home there was so he could ride his ATV in the surrounding area. He had been riding down Fox Hill trail, across Club House and up Pine Hill, where he got on the trails that lead to Sloatsburg. The police informed him that he was trespassing and that if it happened again, he would be arrested and the ATV impounded. Subsequently, the Chief has suggested that the Village install boulders on the trail at the Village property line. There have not been any complains since.
Click here to view the Building Department Report
Public Comments:
There were none.
Consent Agenda:
Mayor McFadden announced that the Village was in receipt of emails and/or letters from residents Chiu Yin Hempel, JoAnn Hanson, Jim Hays, Sally Sonne and Elizabeth Cotnoir pertaining to proposed amendments to the current Tree Law as discussed amongst the Boards and at the December Trustees meeting. Those letters were added to the permanent record by resolution but they were not read aloud. TPFYI obtained the letters and they can be viewed here: Sally Sonne 12/23/22 letter to the BOT Jim Hays 1/5/23 letter to the BOT Elizabeth Cotnoir 1/5/23 letter to the BOT Chiu Yin Hempel 1/17/23 letter to the BOT JoAnn Hanson 1/18/23 letter to the BOT
Tax Grievance Day was scheduled for Tuesday, February 21 from 5-9pm.
The Board of Assessors meeting was scheduled for Thursday, January 26 at 6pm.
The consent agenda was unanimously approved by the Board.
Old Business: BAR Openings – Paola Tocci (Chair) replacing the Term of Sheila Tralins; Molly Gonzales to complete term of Josh Aaron; and Stefanie Rinza replacing the term of Christopher Boshears –
The Board voted unanimously in favor of these appointments. It was agreed that the BAR meeting scheduled for the following evening would either be postponed or cancelled in order to allow the new members time to review the open projects and bring themselves up to speed. Planning Board Opening – The Board voted unanimously in favor of appointing Matthew Tinari to replace the term of Portia Hinshaw. Discuss Several Requests by Jeff Domanski Regarding Use of Village Hall and Village Website- Town Board Liaison Michele Lindsay explained that these requests were in conjunction with the community Choice Aggregation initiative, which is now in its’ 90-day community education phase. Informational sessions for the community have been scheduled in the Town…two at the Library and another on Zoom. Because the Village is its own municipality, a similar information meeting must be scheduled within the gates and the pertinent information posted to the Village website. It was agreed that Trustee Scherer would work with Jim Hays to come up with some possible meeting dates and then follow up with the Board. Discuss Resolution Encouraging Appointed Boards to Post Minutes and Zoom Recordings to Village Website- Mayor McFadden suggested that he would like to potentially pass a resolution the following month encouraging the appointed boards (Planning Board, BAR, BZA) to take the responsibility of posting all of their minutes online as well as the recorded zoom meetings, all of which must be posted as required by law. The Mayor further noted that he would be happy to show them how to do it and would work with the Boards on this.
New Business: Resolve to Approve QuickBooks Consulting Agreement with Fourlane- Following some discussion the Board voted unanimously in favor of authorizing Mayor McFadden to sign the contract with Fourlane with the understanding that he would work with them before signing in order to ensure that the village would only be receiving and paying for the services they need and nothing in excess there-of. Resolve to approve Savings in Electricity Costs – This Board discussed the NovaBus information as presented earlier in the meeting by Jim Hays. Mr. Hays and Trustee Scherer recommended moving forward with a 3-year contract for 100% renewable energy. Trustee Shaw expressed some concern wondering who would negotiate the spread. She does not understand why the Village would vote for the most expensive option, knowing that they would not actually be receiving 100% renewable energy. She argued that although the Village might be increasing their chances for receiving grants, there was no guarantee. “For me, it seems like a subsidy for a lovely idea. I don’t understand why we would pay more knowing it is not going to be 100% renewable.” Trustee Scherer pointed out that although there was no guarantee, in his view, going this route would significantly increase the probability of the Village receiving grant monies that could be used for other projects that they would not otherwise be able to afford. Jim Hays offered that the difference between going with fossil fuels and 100% renewable energy over the course of 1-year was only $128 on what is annually a $55,000 bill. “People are not going to notice this,” he said. “The Village did sign a Climate Smart Pledge in which they said that they were going to reduce their fossil fuel emissions. Here is an opportunity to do it. It’s an opportunity to do it that saves money and it seems to me that that’s really the way the Village should go.” Ultimately, the Board voted in favor of moving forward with the three-year contract as recommended. Trustee Shaw abstained.
Other Business: The South Gate & The Tuxedo Club – The Tuxedo Club recently passed through the South Gate with a trailer and the gate came down on the trailer and broke. As is the normal practice when the gate is damaged, the Village sent the bill to the Club, but they are refusing to pay it. The Club asserts that the Village should be responsible for the repair because they are the ones who set the gate to open and close automatically. Mayor McFadden noted that on numerous occasions the manager of the Club had called the chief directly regarding trailer access via the South Gate and each time the Chief had advised him that the gate closed automatically. There were a number of entries with no issue however, this time, there was damage. Ultimately it was agreed that the matter would be discussed further in executive session. Resolve to Approve a Letter Granting Preliminary Approval to Hickory Hollow- The owner of Hickory Hallow is looking for a letter from the Board granting permission to connect to the Village Sewer. The Mayor reported that the Town of Tuxedo has recently re-zoned things where this property is located so that he is now considering “selling the nursery and putting up something…whatever that might be.” He would like to know whether or not he would be able to attach to the Village sewer. “I’d like to craft a letter which has all the cautions in it…it would have to meet all the permits and final approval by the Board and the attorneys and the engineer etc.” he stated.
Trustee Kasker wondered whether the Town had any requirements for potential development of some sort and how that might affect the sewer.
“He might sell the land to the Town,” responded the Mayor. “I don’t know. And with that would go this letter saying that they can attach to our sewer.”
After some further discussion it was agreed that Board Attorney Brian Nugent would take a look at it. Request Drafting a Local Law That Would Require Contractors to Report to the Village – Mayor McFadden stated that he would like to have the attorney draft a law requiring contractors who work in the Village to be sure that the projects they are working on have the proper permits.
Trustee Kasker wondered whether this practice was exercised in other municipalities.
Mr. Nugent responded that he was not aware of one. He suggested that they could put forth requirements that contractors could not work on properties where there is not a valid building permit or there is a Stop Work Order in place. Such a building permit or SWO would have to be posted on site. Trustee Kasker wondered how such a regulation would be enforced. This was briefly discussed. It was agreed that imposing a fine on contractors who did not comply would likely deter them from taking on unpermitted work.
The Board then adjourned into an executive session for the purpose of discussing an employee matter, water charges and legal matters.
Village Board of Trustees Meeting December 21, 2022
The Board of Trustees met on Wednesday, December 21 at 7pm. Trustee Scherer was late.
Mayor’s Comments:
Mayor McFadden thanked both the DPW and Jay Wicks for installing the Holiday lights. He has received a lot of positive feedback. He further wished a Happy Holidays to all Village employees and contractors. On behalf of the entire Board, he expressed best wishes for Happy Holidays to all Village residents. He then thanked the Trustees for their service, noting that it had been a meaningful and rewarding year.
Resolve to Open the Public Hearing on Draft Local Law No. 7 of 2022 – Revising the Lake Laws Related to Dock Size:
As the Board does not yet have a written draft of the proposed law, the hearing was continued until February 15 at 7pm.
Board Discussion on the Status of Pending Local Laws:
Draft Local Law – Revising the lake laws and zoning code related to dock size
Draft Local Law – Filming within Village limits
Draft Local Law – Revising the Tree Code for Annual Removal
Draft Local Law – Revising the Type of Construction and dollar amount of a project that can be approved by the Building Inspector without BAR approval
Mayor McFadden stated that he still needed to collect information and feedback from the Trustees on the majority of these and that he would also like to put together something in writing for each that they could put into the public domain before scheduling public hearings.
He recommended that they put off further discussion until early spring.
Speaking to Draft Local Law that pertains to filming the Village, Trustee Brooke commented that he felt it would take a bit longer before they were ready to move forward. Having done some work on this himself, he laid out a number of potential issues that the Board will have to consider when drafting the law.
Reports:
Click here to view a copy of the Building Report
Click here to view a copy of the Police Report
Click here to view a copy of the DPW Report
Public Comments:
Prior to opening the floor for comment, the Mayor stated that he was aware that an email had been circulated prior to the meeting encouraging residents to attend and state their position concerning the proposed tree and dock size laws as well as the ability for the Building Inspector to make decisions on projects below a certain dollar as opposed to sending all applicants to the BAR. “Just to save everybody some energy. There is really no point in taking any comments now. We don’t have anything in terms of a deliverable or other format to share at this point. The only thing we have done is send the BAR an outline of the Tree Law as well as the laws related to John Ledwith approving projects under a certain financial amount rather than sending them to the BAR…and we got a reply back from the BAR, which we are happy to publish if anyone wants, but otherwise I don’t really want to spend too much time on something that we don’t even have a draft of.”
BAR Chair Sheila Tralins stated that her comments pertained to “process going forward” and therefore she felt they were still relevant. Speaking on behalf of the BAR, she requested that that their response to Trustee Brooke’s proposed Tree Law and 100K threshold for BAR approval be posted on the website promptly along with any other related comments received both pro and con. “Just today I learned that Trustee Brooke sent a lengthy rebuttal to the BAR’s position statement to the Board of Trustees over a month ago, without sending it to the Boards for their response. Please also post the language of the proposed law well in advance of any public hearing. Finally, speaking personally, permit me to add that I am philosophically opposed to the changes proposed and question the basis for them. While after this meeting I will no longer be the BAR Chair (I will be the former Chair) I encourage all residents, especially the large number of new residents representing the bright future of Tuxedo Park, to get involved and discuss, debate and carefully consider the implications of these new draft laws for the Village.” She then wished everyone Happy Holidays.
Mayor McFadden responded that there were no draft laws yet and that when there were, they would of course be posted to the website and there would be public hearings. “I don’t know if I want to post your comments on the website,” he continued. “Having a debate and arguments on the website might be a turn-off to some potential buyers. Why don’t I leave your Memo from the BAR here on the counter at the Village Office and also in a PDF format so that anyone who would like one can request it like we do with everything else.”
Ms. Tralins suggested that it would get better distribution and also provide a stronger background for people when the law comes out if it were to be posted on the website. “But, of course, that is at your discretion. The BAR would recommend that it be posted.”
Trustee Brooke added that he had provided a draft response to the BAR’s memo to the Trustees 6 or 7 weeks ago. “As an act of courtesy, I sent her a copy and said ‘feel free to look at it and we’ll deal with it when we look at the proposed regulations in the next month or two.’”
Ms. Tralins commented that she appreciated this courtesy but had received it only late that afternoon in response to her query as to whether or not there had been any response from the Board.
Planning Board Chair JoAnn Hanson read into the record a letter that had been approved by her entire Board noting that the reason she was doing so was so that the BOT could think about it and reference it if need be when they were drafting the proposed law. She further noted that in her opinion, neither the BAR nor the Planning Board are today what they were many years ago. “I think that all the work that Mayor McFadden and the Trustees have done over the years have made all of these Boards substantially more responsive for residents. That said, the Planning Board opposes the recommendation to increase the amount of money that would send applicants to the Building Inspector rather than the Boards.” The letter read as follows:
The BAR has prepared and submitted a thoughtful response opposing these suggested changes. The Planning Board supports the recent BAR comments opposing setting a dollar threshold for applicants that go before the BAR. Applicants before both Boards are often educated and guided to best practices, which are ultimately beneficial to the applicants. In addition, the process allows neighbors to be aware of and comment on proposed changes. As the Village is currently experiencing, it is difficult and expensive to enforce code requirements when residents proceed with renovations without submitting proper plans and conforming to building codes. From a Planning Board prospective, the presence and maintenance of trees on properties is a key component in maintaining proper drainage of the property itself and the neighboring properties. Trees also provide privacy and screening between neighbors. As the Trustees are very much aware, the Lake is the Villages’ drinking water source and minimizing runoff into the Lake is an important environmental consideration. Both Boards are sensitive to making the process work smoothly for the applicants as the Boards are volunteer, knowledgeable neighbors, working with and on behalf of neighbors.
Ms. Hanson added that the Planning Board focused on the property rights of applicants but also the legitimate concerns of neighbors, whose property rights are also often impacted. “I can certainly give you recent instances where if those processes are not worked through in advance, in public, the potential for litigation exists. I would be happy to address this with you all in an executive session.”
Mayor McFadden suggested that there seemed to be some sort of misunderstanding, which is one of the problems that arises when information is shared before a draft exists. Trustee Brooke’s suggestions were meant to be internal. For example, the current tree code allows property owners to cut down 4 trees per year. One of the suggestions made was that perhaps property owners with larger amounts of land should be allowed to cut more than 4. “It’s just an idea. We haven’t confirmed it. We haven’t put it into law. It was just an idea thrown out there. It certainly meets the common sense standard. We haven’t addressed in any shape or form trees on the lake or lake front properties. What we proposed was very preliminary and I just want to make sure that everyone understands that. In terms of John approving things that are under a certain monetary value, that is still be debated too. We don’t know whether it is going to be monetary value or project type or none of the above. In no way shape or form would we ever give up notifying neighbors. That’s never been discussed here.”
“What we are trying to do is user friendly and it will be a Trustee Decision once we formalize the proposed law,” added Trustee Brooke.
“There’s quite a lot of change that can occur to a property for $100,000,” stated Ms. Hanson. “I never said that the Village would not notify the neighbors, but what is the process for the neighbors expressing their often very legitimate concerns? The BAR and the Planning Board work together to come up with appropriate resolutions and I think, as I pointed out, there are some examples whereby if that process did not happen people could end up in litigation.”
Chiu Yin Hempel stated that she understood that. The Mayor was still collecting information to be discussed with the Trustees and with that in mind she wanted to provide the Board with some background information, which she believes to be highly relevant for their consideration.
“Historical architecture situated in a heavily wooded landscape is what distinguishes Tuxedo Park. These qualities earn our Villages’ listing on the National Register of Historic Places and they also underpaint our real estate value. We elect our Trustees to be stewards of these important assets, namely architecture and landscape for now and for future generations. I have served on the BAR, including as Chair, in the 90s for 6 years. I’ve learned from my experience that what seems to be the smallest and the cheapest modifications, like changing the color of a historic house or the color of the pebbles on the driveway, to other than the historically appropriate colors can significantly damage the overall aesthetic besides causing big irritation to neighbors. So, I hope you will consider this point when you think about changes to the BAR jurisdiction among many other cons and maybe some pros. As for the proposal to sanction more tree removal than what is already taking place legally as well as illegally, please bear in mind that the early residents of Tuxedo Park actually spent hundreds of thousands of dollars between 1886 and the early 1930s to plant trees and shrubs on their properties….and their landscape plan can be found in places like The New York Historical Society. The rustic aesthetics that we enjoy today were actually created at vast expense. Why? Because the land that Lorillard inherited had actually been commercially logged. That’s why some people say ‘oh, we didn’t use to have too many trees.’ No, we didn’t. The place was logged, and the original residents rebuilt the tree canopy. So why are we considering laws that would destroy this place that we inherited. Even if we were to forget for just a minute the damage that excessive tree cutting would do to the environment and to our reservoir, my personal belief…and I hope you will consider this point….is that maintaining what is beautiful, important and perilous is never easy or simple, nor should it ever be about making the maintenance laws and procedures easy or simple or user friendly at the expense of integrity.”
Mayor McFadden responded by apologizing for whatever rumors might be circulating, adding that nobody on the Board had any intention of deforesting the Park. “It’s very simple. We have a Trustee who brought forward to the Board the idea of giving people with larger acreage the ability to cut more than 4 trees a year. It’s under discussion. It’s a courtesy to the Trustees who bring up ideas to share them.”
Mrs. Hempel responded by suggesting that while we may not intend to have deforestation, it was happening in some places naturally thanks to emerald ash borers among other things. However, human beings are also doing their fair share of the work.
“I can tell you that whenever I have been Mayor, no one was clear cutting. I can think of three or four examples where acres were cut. I wasn’t the Mayor and it will never happen under my watch,” stated Mayor McFadden.
Jim Hays commented that Mrs. Hempel was correct and that many trees are being cut. “Regardless of what you say, they are. I think it is important that if you are going to have any change in the law, to think about how you are going to enforce the law….because enforcing the law is not easy. Residents can pay a fine if the fine is small. That doesn’t work. What will work, and I have suggested this before, is to make it the responsibility of the tree cutters. If they cut down more than 4 trees on one property in the Park, they can’t work here.”
The Mayor responded that he felt it was a great idea and he had inquired with the attorney as to whether or not contractors could be held accountable for working on un-permitted projects.
Board Attorney Brian Nugent suggested that there were ways this could be done but that it would only be enforceable with contractors who were actually working at the site.
This was briefly discussed.
Trustee Kasker asserted that he believed that anybody who is removing trees should be required to have a permit. “I can’t think of another more disruptive maintenance issue that happens in the Village than three or four trucks coming with woodchippers and cutting down a tree. I have been blocked in my house a few times from neighbors doing this, which effects two things: me and the ability to leave my house and attend a fire call and if one of those workers gets injured, an ambulance being able to get to them. I think having a formal process in place where the Building Inspector can evaluate the individual sites and how they will be accessed is an appropriate oversight mechanism.” He added that he felt this would help enforce the code because there would be general oversight with the possibility of inspection.
Consent Agenda:
Following some minimal discussion, the Board approved the consent agenda unanimously.
Old Business: Resolve to confirm Joint Special Meeting with the Town and Village Boards to Hear the Public Comment on the Annexation of Certain Property into the Village on January 23, 2023 at 7pm- The Village will be holding a joint special meeting with the Town to discuss the Annexation of certain properties into the Village. A tentative date of January 23 has been set. The meeting will take place at the Town Hall. The Board voted unanimously in favor of approving the resolution.
New Business: BAR Openings – Mayor McFadden stated that it had been his intention to name some new BAR candidates however prior to the meeting one of the Trustees had requested more time as they had not had the opportunity to speak with any of the candidates. Therefore, this was tabled until the January meeting.
The Board then entered into executive session to discuss Water Account, Legal Matters and Employee Matters.
Post Executive Session:
Following the executive session, Mayor McFadden announced that the Board would be voting on a resolution regarding a settlement between The Maddens and the Village of a lawsuit.
He further explained that the Agreement includes both a Form of Donation Acknowledgement and a Form of Censure
“As many of you know, we lost this case and are responsible to pay attorney’s fees. So, that is what we are going to do. The Attorney’s fees are $105,000 and the Madden’s have agreed to donate something back to the Village.”
He then read the Form of Donation Acknowledgement into the record as follows:
“On behalf of the Village of Tuxedo Park, Thank you for your donation of $35,000 to the Village $25,000 of which shall be used for improvements and investments in Wee Wah Park, with the balance to be utilized for other, un-budgeted beautification projects that the Village Board of Trustees at it’s discretion may adopt, which might also include additional amounts for the Wee Wah Park. No goods or services have been provided to the Village as a consideration of making this gift. Please note that the Village of Tuxedo Park makes no representations concerning the tax benefits or consequences of such a donation. Any determinations relating to tax benefits or other consequences must be bade by you or your financial professionals.”
And then the Form of Censure:
The Village of Tuxedo Park hereby formally censures the conduct of former Trustee Claudio Guazzoni as an elected Village Trustee in 2017 that lead the to Village’s violations of the New York State Freedom of Information Law (FOIL) as recently determined by a State Court. In addition, former Trustee Guazzoni in such capacity failed to turn over all Village records in his possession related to his duties as a Village Trustee. By not providing the level of cooperation and candor as required by him as a Village official under New York Law, former Trustee Guazzoni caused the Village to be unable to comply with FOIL requirements, which resulted in an adverse court decision against the Village. Consequently, Village Taxpayers incurred significant costs in this matter. The Board of Trustee hereby calls on former Trustee Guazzoni to recognize the impact of his actions and request that he make a significant donation to the Village for the purposes of beautification efforts undertaken by the Board of Trustees.
The Board then voted unanimously in favor of accepting the Settlement Agreement and approving the Form of Censure.
Village Board of Trustees Meeting November 16, 2022
The Village Board of Trustees met on Wednesday, November 16 at 7pm. Trustee Scherer attended the meeting via Zoom.
Mayor’s Comments:
After welcoming everyone, Mayor McFadden read into the record a report recently submitted by the Lake Management firm NEAR, which he said he found to be significant. In addition to some straight forward analytics the report indicated that recent aquatic plant surveys of all three Village lakes found that there is currently no Eurasian Water Milfoil growing in any of these water bodies. Read a copy of the report here.
Guest Presenter from Community Choice Aggregation:
Representing Joule, a Community Choice Aggregation firm recently contracted by the Town of Tuxedo, Glenn Weinberg presented the Board with a brief overview of the Community Choice Aggregation Initiative. The program, which stems from a State enabled policy that allows cities and towns to take control of decision making by choosing alternative energy providers, is designed to stabilize energy costs by providing opportunities for the collective purchasing of renewable energy that would not otherwise be available to individual customers through their normal utility supply. Joule works as an administrator, representing more than 50 municipalities in New York State, to secure clean, renewable energy contracts at a fixed cost while providing the communities with various protections both contractual as well as through State oversight and expert consulting. The program is “opt-out” meaning that once adopted it does become the default program for all eligible residential and small business customers, but should they choose not to participate they can freely opt out at any time with no penalty or fee. There is no cost or obligation to the Village. Joule does all the work, which includes extensive public outreach and education/communication throughout the Village prior to any decision being made. They only get paid if there is a contract in place with a supplier at the end of the process and if there is a contract awarded, they are paid by the supplier and not the Village. Should the Village choose to move forward and work in conjunction with the Town (as well as any other municipality in Orange & Rockland that is on the same timetable and therefore in the same BID), they will be eligible for an additional volume discount. Any meter in the Village is eligible to participate. Those meters that the Village controls that are small and considered “non-demand”, such as the Village Office, would be automatically included while larger meters like the DPW garage would have to opt-in.
Following the presentation, Mayor McFadden indicated that the Board would be voting on the proposed agreement when they reached the New Business section of the agenda.
Reports:
Click here to read the Police Report
Click here to read the DPW Report
Click here to view the Building &Construction, Communications and Climate Smart Committee Reports.
Public Comments:
Jim Hays commented that because of the recent energy inventory that was completed, if the Village decided to go with Community Choice Aggregation, they would see an immediate savings of 16% of greenhouse gas emissions. While 16% might not seem like a lot, when considering all of things that need to be done, he feels that would be a big step forward.
Michele Lindsay added that the Town had begun the outreach process on November 1 and that there had been a public presentation the previous Monday evening at their regular bi-monthly meeting.
Consent Agenda:
Following minimal discussion, the Board voted unanimously in favor of approving the consent agenda.
Old Business: Discuss Expiring Sterling Garbage Contract – The Village is currently on a month-to-month plan with Sterling Carting. Mayor McFadden believes that it would be beneficial for the Village to put the contract out to bid to see if they can procure a better rate. It was unanimously agreed that this would be done.
New Business: Discuss Village Code Ch 51 Films and Movie Making – The Board has been looking at an analysis of the code as it pertains to filming in the Village. The Mayor has found an existing law in California that he likes and has circulated it to the Trustees for their review. Board Attorney Brian Nugent noted that while the framework was good, the law as circulated pertained to a much larger community where filming was more of a normal practice and that it would need to be tweaked and tailored to the Village. Following a brief discussion, it was agreed that Mr. Nugent would draft something for the Board to consider. Sonne Offer Regarding Stonewall Repair on Turtle Point Road – There is a Village owned stonewall located on Turtle Point Road that is in need of repointing and repair. Sally Sonne has offered to make the repairs and have the Village reimburse her for the expense. The Mayor feels that this is not necessary and that the project can be kept “in house,” even if this means temporarily bringing on a stone mason in the spring to complete the work. It is not an emergency situation and at this point the work would improve the aesthetics while preventing future damage. Ultimately, it was agreed that this decision would be tabled, possibly until the spring, to allow the Trustees and the Building Inspector a change to examine and consider the situation. Re-Levy Unpaid Village Taxes – After minimal discussion, the Board voted unanimously in favor of re-levying unpaid Village taxes. Community Choice Aggregation – The Board voted unanimously in favor of moving ahead with the contract as presented by Joule, subject to review by the Village Attorney.
The Board then adjourned into an executive session to discuss legal matters.
Special Village Board of Trustees Meeting November 4, 2022
Of note, the board voted to continue litigation with Genesis (116 Tower Hill Road), continue settlement talks on the Madden Litigation, and settled the Tuxedo Club tax certiorari case.
Please be advised that there will be a Special Meeting of the Board of Trustees of the Village of Tuxedo Park at the Village Hall to enter into an Executive Session to discuss legal matters.
Village Board of Trustees Meeting October 19, 2022
The Village Board of Trustees met on Wednesday, October 19, 2022 at 7pm. All members were present.
Mayor’s Comments:
There were none.
Resolve to Postpone the Public Hearing on Draft Local Law No. 7 – Revising the Lake Laws Related to Dock Size to December 21, 2022 at 7pm:
The Board voted unanimously in favor of postponing the public hearing on Draft Local Law #7, revisiting the lake laws related to dock size, to December 21, 2022.
Resolve to Continue the Public Hearing on Draft Local Law No. 6 of 2022 – Streets and Sidewalks (Utility Poles):
The Board voted unanimously in favor of continuing the hearing. There were no comments from either Public or the Board so the hearing was closed.
Reports:
Click here to view the Police Report for the month of September.
At Mayor McFadden’s request, Trustee Scherer reported that the previous weekend he had arranged to bring in some electric vehicles called Arcimotos for the Club, the Police Department, the Mayor and various other residents to test drive. In the interest of full disclosure, Trustee Scherer noted that he sat on the Arcimoto Board and was also an investor in the company. He feels that one particular vehicle known as the “Rapid responder” could fit with the Village’s community policing policies and might also be an “interesting, little three-wheeled car for Tuxedo Residents.”
Click here to view the DPW Report
Click here to view the Building Department Report
Trustee Kasker reported that the Board had been asked by Michele Lindsay, Village Resident and Deputy Supervisor of the Town, to inform residents that the Town Board would be conducting two meetings on Thursday, October 20. The first will take place at 5pm and will consist of a client/attorney meeting in executive session. The second will be a public meeting at 7pm at which the School Board, the Town Board and representatives of the Related Companies will discuss the issues recently raised by the School District. Public comments will not be allowed and the Board will not be voting on anything.
Mayor McFadden commented that he felt that what was currently being proposed raised legitimate concerns in terms of tax implications. He has been in touch with both Supervisor Ken English and Deputy Mayor Michele Lindsay as well as the Superintendent of Schools, Jeff White. He is looking forward to learning what resolutions the Town is coming to and will report back as soon as he has more information.
Mayor McFadden then drew attention to one report and one announcement, both of which were recently posted the Village website. The first of these was a report from the Race Track Committee focused primarily on the increase of bluebirds at the track thanks to the donation and installation of Bluebird Boxes by Resident Jake Matthews. The report can be read here.
The second was the request for/announcement of a volunteer garbage pick-up. The Mayor noted that he would be making an announcement about this in the near future but in the meantime, information can be found here.
Public Comments: Audrey Perry noted that she had benefited from a great conversation with Trustee Scherer regarding the Villages’ energy conservation plans and efforts following the last Board meeting.
On behalf of the Tree advisory Board, Christopher Gow thanked the Mayor for his recent e-mail, outlining various ways to mitigate the costs of removing trees which have been infected by the Emerald Ash Borer. He noted that unfortunately there are no current DEC programs to financially assist landowners, but there may be some coming up in 2023. Generally, these programs focus on the replacement and planting of trees. Luckily, the TAB is in receipt of a $1000 grant from Tree City USA to help with the planting effort. “This will set us in good stead if we are eligible for a grant to help us with the tree removal.” One suggestion that the committee is offering for helping to reduce expenses is for the Village to consider an in-house arborist. Mr. Gow suggested that if the Village were looking to hire at the DPW, perhaps they should consider looking for a certified arborist. He added that if this person were to also have experience with parks and recreation, they might be very helpful with the Wee Wah Beach Club property and the removal of invasives.
Mayor McFadden asked Mr. Gow whether he had any idea, generally speaking, how many ash trees there were Village-wide and of these, how many were a part of private residences.
Mr. Gow responded that they had not done an inventory but it was likely somewhere between 8-10% of all trees. That being said, not all of these need to be removed. “The only ones that need to be taken down are those that pose a danger to people and property. If you have a forest and there are dead ash trees in there….a dead tree is almost as good as a live tree! It’s called a stag and it provides food and habitat for the wildlife.”
Consent Agenda:
The Board voted unanimously in favor of approving the consent agenda as presented.
Old Business: Resolve to Approve Draft Local Law #6 – Streets and Sidewalks (Utility Poles) – The Board voted unanimously in favor of approving Draft Local Law #6. Resolve to Approve Post-Issuance Compliance Policies (Modification of Resolution Passed on September 21, 2022) – The Board voted unanimously in favor of approving post-issuance compliance policies as presented. This is related to bonding and is a modification to a resolution they passed at the September Board meeting.
New Business: Discuss Waste Removal Contract – Mayor McFadden noted that the Board was in receipt of an email from Sally Sonne containing questions and suggestions related to the current contract. He recommended that they table the discussion until all Board members had had a chance to review this email and consider the suggestions therein. The Board was in agreement and the discussion was tabled until the November meeting.
The Board then entered into an executive session to discuss a proposed legal settlement with the Tuxedo Club over a property tax lawsuit against the Village.
Village Board of Trustees Meeting September 21, 2022
The Village Board of Trustees met on Wednesday, September 21 at 7pm. Deputy Mayor Shaw was absent and Trustee Scherer attended via zoom.
Public Hearing – Draft Local Law #6 of 2022 – Streets and Sidewalks (utility poles):
Mayor McFadden opened the public hearing and called for questions from the Board. There were none. There were no comments from the public either. Trustee Kasker suggested that there needed to be a procedure that would grant emergency vehicles access through road closures. The Board was in agreement. After a brief discussion and some minor proposed tweaking, the Board voted unanimously in favor of continuing the public hearing to October 17.
Mayor’s Comments:
Mayor McFadden asked Board Attorney Brian Nugent to provide a brief overview of a recent update from the State Governor regarding meeting regulations. Mr. Nugent subsequently explained that as of September 13, the executive order that had allowed for remote meetings during Covid had been discontinued and that the new open meeting law (enacted back in May or June) had gone into effect. There are a number of marked differences between the new open meetings law and the old one, primarily pertaining to remote participation of the Board members, but before the Village can move forward with it, they will have to pass a local law. The new law dictates that at least three Board members (a quorum) must attend meetings from a location accessible to the Public. Remote attendance will be permitted for emergency reasons only. The Board will have the ability to determine what these reasons are when passing the new local law (business trips will count) however, while Board members attending remotely will have the ability to actively participate in meeting discussions, they will not be permitted to vote. Once in place, the law will apply to all of the Village Boards. Following some further discussion, the Board voted unanimously in favor of setting a public hearing for Local Law #7, a local law authorizing meetings via video conference, for October 17.
Changing the subject to Wee Wah Park, Mayor McFadden stated that they believed it had been a successful season for the Beach and they looked forward to doing it again next year.
Lastly, the Mayor thanked Chief of Police Dave Conklin and DPW Superintendent Jeff Voss as well as John Ledwith in the Village Office for “holding down the fort” and helping to manage things recently while both he and Deputy Mayor Shaw were out of Town.
Reports:
Click here to view the DPW Report
Click here to view the Police Report
Click here to view the Building Department Report
Additionally, John Ledwith reported having met with O & R with regarding to updating the Village street lights. He learned that the Village is eligible to apply to have the lights updated free of charge. If approved, O & R would then pay for the fixtures and installation as well as associated maintenance costs. It was agreed that the Village would apply but if they could not find a light color which they deemed to be acceptable, they would “pull the plug.”
Christopher Gow reported on behalf of the Tree Advisory Board. That report can be viewed here.
There was some debate over the Committee’s request to utilize the DPW for some annual maintenance as well as the installation of stone benches. Mayor McFadden asserted that the DPW was funded by the taxpayers and that they were currently shorthanded he had some questions with regard to whether or not they should be doing work for a 501-3c. Mr. Gow responded that the TAB was not a 501-3c. He further pointed out that the Race Track Nature Preserve was Village owned property, frequented by all residents, and that utilizing the DPW resource here would be the same as utilizing it at the Wee Wah Park. The Mayor acknowledged this and stated that they would continue to discuss it.
Public Comments:
With regard to Local Law #5 of 2022, which pertains to the Community Choice Aggregation Program, Audrey Perry inquired about the associated costs. She wondered whether the Board favored the United States becoming an energy dependent Nation. Mayor McFadden responded that the Board had appointed a committee, which is working in conjunction with the Town on Community Choice Aggregation. He suggested that Mrs. Perry bring her questions to them. Trustee Scherer added that he and Jim Hays had done quite a bit of work on this and although he did not feel the information was quite ready to be brought forward in the public domain, he would be happy to have a. Side-bar discussion with Mrs. Perry. Mrs. Perry responded by reiterating her question with regard to the USA becoming and energy dependent nation, wanting to know whether the Mayor supported purchasing energy from foreign countries. Trustee Scherer interjected that he did not feel it was clear that the energy being used in the Village actually came from foreign countries. ”Most of our power generation in New York State actually comes from renewables in the form of hydro-electric (a small percentage) or natural gas….and last time I checked, we are not importing natural gas into this country,” he noted. Following some further discussion, it was agreed that Trustee Scherer and Mrs. Perry would schedule a time to talk off line.
Chui Yin Hempel commented that the Race Track Nature Preserve was a community facility built on Village land and not a private club.
“I understand all of that and will discuss it with the Board,” interrupted the Mayor. “I know you agree with Chris. I am sure you are going to make great points about how it’s a community space. We are shorthanded. That’s the reason. We have three workers instead of five. My hope was, in this case, if you guys wanted to chip in, it would be beneficial. One hand washed the other. We’ve been doing this for you for five or six years. If you did it once, would it kill you? I don’t know, but I get it. We’ll discuss it and we’ll get back to you. Fair enough.”
Chui Yin responded by stating that she just wanted to make it clear that all donations received for the Race Track were made to the Village of Tuxedo Park and not to any 501-3c.
“Correct, but they are only to be spent on that project,” replied the Mayor. “It’s a closed fund.” Mrs. Hempel agreed with this noting that the funds were to spent on building and maintaining the meadow, which requires specialist knowledge and expertise. “We had always thought that for the more mundane, day-to-day work that the DPW could help out. We are not asking them to do very much. We understand that the DPW is short staffed. We are not asking for the work to be done now. We are asking to be fitted into their schedule when possible. That’s all we are asking,” she stated before adding that she felt that they would be able to work out the manpower situation in a way that would benefit the entire community. “I am the Trustee Liaison for this committee,” stated Mayor McFadden. “However, I will defer to Jeff and John on this topic because I don’t feel like locking heads over something like this. I will defer to them to set the schedule and if they feel they can do it, they will schedule it for you.”
Noting that he was a fan of dark skies and star gazing with his children, Claudio Guazzoni wondered whether the Village had ever explored the idea of eliminating the street lights at night. “I mean, are they really useful?” he pondered.
Mayor McFadden inquired of Mr. Guazzoni whether this idea had been explored while he was working on the Dark Sky Initiative for the Village several years prior. “Yeah, we looked at it but unfortunately the former Mayor was a big fan of Upper Saddle River. More light was better than less light,” he replied. Mayor McFadden responded that in all probability there were some residents who favored streetlights while others might not. He suggested that perhaps they could do a survey to explore the idea further. Trustee Kasker commented that he felt it should be looked at strictly from a safety perspective. “In the summertime when it is light until 8:30 or 9 at night, probably not as important. At 5pm, when kids and people are still out walking, I think street lights are a must. That is my off-the-cuff response.” Mr. Guazzoni suggested that the lights could be put on a timer. Trustee Kasker inquired of the Chief and DPW Superintendent as to whether they had received any complaints from residents concerning the brightness of the streetlights. The Chief responded that in the past, they had.
Mayor McFadden noted that these were all strong points and that the solution lay with some sort of compromise. He further suggested that John Ledwith and Jim Hays would work through it with O & R and that Mr. Guazzoni was welcome to contact them to follow up on the progress.
Trustee Brooke suggested that moving forward if there were residents that had proposals such as this that they should draft them up and submit for BOT review as opposed to bringing them forward during a comment period such as this. He added that when there were decisions to be made it was much easier to look at documents than it was to consider hypotheticals. Mayor McFadden agreed.
In response to Mrs. Perry’s comments, Jim Hays noted that they would be assembling a committee to work on a 10-year Climate Action Plan. They have completed an inventory of emissions and are hopeful that this will be used to explore various areas where emissions can be reduced moving forward.
Michele Shenker inquired as to whether the Village was still planning to do a goose round-up.
Mayor McFadden responded that this item was not on the current agenda.
Consent Agenda:
Following some brief discussion, the items on the consent agenda were approved unanimously.
Old Business: Resolution for New Signage on Club House Road – Based on resident request, the Chief has presented the Board with a request for additional signage on Club House Road. The request was unanimously approved. Resolution Authorizing Mapping of the Village’s Storm Water Piping System- The Board voted unanimously in favor of authorizing the mapping. New Business: 1.Discuss Candidates for Planning Board of Architectural Review Board and 2. Resolution to make an Appointment to the Planning Board with Conditions (Must set Term) – The Village is in receipt of interest from 5 applicants for open seats on the Planning Board and BAR. Of those 5, only one has been reviewed to date and has been recommended for appointment to the Planning Board by that Boards’ Chair, JoAnn Hanson. Following some discussion, the Board voted unanimously in favor of appointing Bronwyn Roantree to the Planning Board, with the term limit to be determined. Resolve Approving Delanner Application for New Driveway with Conditions (BZA, PB or BAR Approval) – The Board voted unanimously in favor of allowing for the roadcut as proposed. The Applicant must now appear before the Boards for project approval. Sung/Schmitberger Dock Application – The Board is in receipt of a revised application, which meets the Village Code. They voted unanimously in favor of approving it. Trustee Brooke raised the issue of dock sizes, alleging that as previously discussed, the Village should allow the dock sizes to align with the sizes of the boats that are permitted on the lake. This will require a legal change. He asked that this be added to the next meeting agenda and that further the applicant be informed that it will be discussed and that there is a possibility that they will be permitted to build a larger dock. Everyone was in agreement and the Board voted unanimously in favor of scheduling a public hearing for the new draft local law on October 17. Halloween – The Mayor noted that he has had a number of requests asking that trick-or-treating be held on a Saturday instead of Halloween night, which is a Monday this year. Following a brief discussion, the Board voted unanimously in favor of formally moving Halloween Celebrations (i.e. trick or treating) to Saturday, October 29 beginning at 5pm. Resolve to Award Bids for New Cedar Roof for the Lodge and Air Conditioning for the Lodge – The Village has collected four bids for the work on the roof. At the recommendation of John Ledwith the Board voted unanimously in favor of going with Gonzales Home Professionals for the roof and Northern Plumbing and Heating for the AC. Resolve to Approve Option 2 of village Water Pipe Replacement in Tuxedo on Mountain Road – The Board voted unanimously in favor of approving option 2 for Village water pipe replacement on Mountain Road. Resolve Approving Certain Post-Issuance Compliance Policies – The Board voted unanimously in favor of approving certain post-issuance compliance policies. As per the Mayor, the details are posted online. Resolve Approving Adding One Additional Garage Unit to the Village Rental Inventory with Conditions (Rate) – The Board voted unanimously in favor of adding one additional garage unit, as is, to the Village rental inventory with conditions (rate). Resolve Authorizing Artist to Paint Inside the Park for a Special Event with Conditions (Locations and Homeowner Approval) – The Plein Air Art festival has requested permission to choose sites for painters within the Village. The Board voted unanimously in favor of allowing this with conditions, including site approval by John Ledwith. Resolve to Approve New Windsor IT Rate and Terms with Conditions (Legal Review) – This item was tabled until the attorneys have had more time to review it.
The Board then adjourned into an executive session to discuss legal matters and a particular Village employee.
The Village Board of Trustees met on Wednesday, July 20, 2022 at 7pm. Board member Josh Scherer was absent.
Public Hearing:
The meeting began with a Public hearing on Draft Local Law No. 5 of 2022: Creating a Community Choice Aggregation Program.
Audrey Perry inquired as to the type of energy that was being addressed by the program. Noting that the plan referenced solar power, she wondered where this power would come from.
Mayor McFadden explained that responded that approving the Local Law was only the first step in a process and that the Village would not be not committing to moving forward with the initiative by passing the law. Once passed, they will consider whether or not they wish to move forward and if they do, at that time they will work with a consultant to connect with vendors. The Town of Tuxedo recently passed a similar law.
Mrs. Perry recollected that at a meeting in January the Mayor had talked about the possibility of solar fields in the Village. Mayor McFadden responded that that conversation had been separate and unrelated to the community choice aggregation effort.
Michele Lindsay reported that the Town had put out an RFP for a Community Choice Aggregation Administrator, which is the next step in the process. She believes that the Village might be able to “piggyback” onto this effort and avoid the RFP process. The Town has passed the resolution, just as the Village did, in support of 100% renewable energy sources. This will earn the municipality points towards their certification effort to become a Climate Smart Community.
There were no further comments from the public.
Trustee Kasker commented that he was happy to move forward with the law as it would provide the Village with the opportunity to explore options for possibly providing better services for its’ residents. He reiterated that it would not restrict the Village in any way, meaning they did not have to choose renewable energy if they didn’t want to. The Village is not committing to anything.
There were no additional comments from the Trustees.
The hearing was then closed.
The hearing was followed by a ceremonial swearing in for Trustees Shaw and Kasker who were both re-elected to their seats for a second term during the recent Village election.
Annual Reorganization Meeting:
The Board voted unanimously in favor of approving/adopting the annual reorganization agenda, which can be viewed here.
Regular Meeting
Mayor’s Comments:
There were none
Reports and Minutes: Orange and Rockland – Scott Olszewski of Orange and Rockland provided the Board with a brief presentation outlining Phase 3 of their ongoing project in the Park, which seeks to upgrade the mainline overhead distribution system and increase reliability. The project consists of five phases in total. The goal of phase 3 is to convert Tower Hill Road to 13.2kV. The work will take place between late August and the end of the year and will ultimately impact East Lake, Tower Hill, Tower Hill Loop, Clubhouse, Circuit and Continental Roads. A copy of the presentation can be viewed here. Building Department – Click here to view the Building Department Report. DPW – Click here to view the DPW Report. Police – Click here to view the Police Report. Cell Communications – Mayor McFadden noted that there would be a committee meeting via zoom on Friday, July 22. Trustee Shaw has taken over the role of Board Liaison for this committee. Wee Wah Park & Beach Club – Mayor McFadden reported that they had received a record number of memberships and donations however they are subject to the same lifeguard shortages as the rest of the company and this has impacted the beach. As a result of the shortage, the Governor has lowered the required age for lifeguards to 15 and the Club has presented several candidates for training to management company. Water – Click here to view the water report Green House Gas Emissions Report – Click here to view this report, prepared by Jim Hays and Charles Neuhauser.
Public Comments on Agenda Items:
In light of the Community Choice Aggregation initiative, Audrey Perry inquired as to whether or not the Village was still considering the idea of solar farms and/or scouting possible locations for these. The Mayor responded that this task had been taken on by the Climate Smart Task Force/Energy Committee under the Direction of Jim Hays, with Trustee Scherer as the Board Liaison. He believes they are looking at it but they have not yet reported as to whether the idea is a practical one for the Village and if so where an ideal location might be. Christopher Gow read into the record two letters, written by Village residents Jim Hays and Chiu Yin Hempel, which expressed concern over the alleged, clear cutting /removal of more trees than had been approved by the BAR and BZA along Tuxedo Lake at 194 East Lake Road, otherwise known as Sunnymeade. Both letters recognized the extensive review that the application underwent before the two Boards and identified the excessive tree cutting as a blatant violation of not only what had been agreed to by the applicant but also the Village code. In their view, this sets a highly regrettable precedent. Both letters urged the Trustees not to retrospectively approve the tree cutting but rather to take some sort of action to send a message to the both the applicant and community that such violations of the code were not permitted and would come with consequences. Lili Neuhauser inquired about the specifics of the proposed culling of Canadian Geese. Mayor McFadden stated that the DEC permit, along with a safety & implementation plan prepared by the Chief of Police and a letter of support from the Wee Wah Park and Beach Club could all be found on the Village website. He further noted that the Board had also received a letter of support from the Lakes Management firm and that this would be posted to website as well. He invited Mrs. Neuhauser to ask any additional questions that she might have later in the meeting when the Trustees would be considering a resolution to authorizie the culling.
Identifying himself as the Chair of the Tree Advisory Board, Christopher Gow expressed his concern with the removal of 12 trees on the Sunnymeade property when only 4 had been approved by the BAR and BZA for removal. He further noted that cutting down too many trees on the boarder of the lake would increase the nutrient load, which would lead to an increase of blue green algae and this is a big problem. “If we keep on allowing an excessive number of trees to be cut down around the lake,” he cautioned, “we might as well have a motion to vote to change the name of our reservoir to Tox-edo Lake.”
“You’re saying ‘we,’” noted Trustee Brooke. “Who are you speaking for, yourself or a group?”
Mr. Gow responded that he was speaking in general terms.
“but there is no ‘we,’” replied Trustee Brooke. “You are using ‘we’ collectively and you are speaking as an individual.”
“I am speaking as the Chair of the Tree Advisory Board,” responded Mr. Gow, “and the situation with this Sunnymeade proposal…with the BAR and the BZA…we all agreed on 4 trees instead of 12 Oak trees to be removed. The property has been clear cut! That is the issue and it’s a problem that will only increase the nutrient load in the lake….and that’s alarming. You as a Board of Trustees need to recognize that something needs to be done when something is agreed on and then it’s violated. So, I will change that from ‘we’ to ‘yourselves’ respectfully.”
“We rely on Stop Work Orders and the Justice Court,” replied Mayor McFadden. Jake Lindsay, Chair of the BZA, also expressed his concern with the tree removal at Sunnymeade. “It is a little frustrating to go through the entire process and then have it be disregarded,” he stated. He suggested that in reviewing the pictures submitted by Mrs. Hempel, which depict the property both before and after the trees were cut, it was clear that there had been clear cutting along the bottom of the slope near the edge of the lake. “Why should we even bother to bring somebody before the BZA if it is totally going to be ignored,” he wondered. It’s very frustrating.”
“I think they came to you for zoning issues, right?” replied Mayor McFadden.
Mr. Lindsay concurred but added that part of the zoning issues pertained to the construction of a patio within 100 feet of the lake and that tree preservation and landscaping as a part of that overall project had been discussed at some length. “After we approved it, the application went back to the BAR and everything was resolved,” he added, “but obviously everything was totally ignored.”
“I don’t see how the Board carrying out its’ responsibility to approve tree removal, which is in the code, is discounting your Board or any Board,” commented the Mayor.
“The project approval was based on how many trees were to remain,” stated Mr. Lindsay.
“My understanding,” stated Mayor McFadden, “is that the original application had 14 trees removed and the current one has 4…and they are also planting more than 4 trees…is that correct?”
Mr. Lindsay responded that he was not sure what the final approval from the BAR had dictated.
Mayor McFadden then asked the same question of Christopher Gow, who serves as a member of the BAR and he confirmed that it had been agreed that only 4 trees would be removed while several new trees would be planted and a riparian buffer installed along the lakes’ edge.
“Is that something you would normally request of an applicant removing trees?” asked the Mayor.
The answer was yes.
“So, there’s nothing abnormal here?” the Mayor querried.
“It’s very abnormal,” began Mr. Gow.
“No, I understand that you are claiming that they cut down more trees than they were allowed,” interrupted Mayor McFadden. “I understand that. But in terms of our reviewing that tonight, how does that undermine your Board? This is what we are required to do by law. We respect your decision. It’s kicked up to us. I think it has been clearly stated. We are doing our duty. We are going to discuss this application and give our approval or not to them moving forward and that is our responsibility. I don’t understand why you and Jake think that is undermining your Board and your decision.”
Mr. Lindsay responded that they just wanted to ensure that the decisions rendered by both the BAR and BZA were taken into account when the Trustees were
considering their approval or denial.
The Mayor assured him that they would.
Trustee Brooke inquired as to how many of the trees had been greater than 8 inches in diameter.
Mr. Gow responded that some of them had been quite significant…perhaps 17 inches in diameter.
“That’s not my question,” replied Trustee Brooke.
Mr. Gow replied that he did not have the specific number at hand.
Mr. Lindsay noted that if one were to take the time to take a look at the project drawings, the size and caliber of all the trees was clearly noted.
Changing topics, Marc Citrin stated that he wanted to comment on the “proposed slaughter” of the Canadian Geese. “I find it ironic that a Village that so values historic preservation and environmental conservation, whether it’s the lakes or the trees, would so cavalierly move forward with a proposed slaughter of who knows how many geese (it’s not indicated in any of the notes that I have seen how many would be killed) without considering what alternatives might be available. It really distresses me in light of the history of the culling of the deer. I was not here at the time. Perhaps that was done because they were eating vegetation and people were upset about that… but murdering wildlife because they poop on people’s property or in other areas seems to me to be extreme without considering other possibilities to remediate the situation.” He went on to lay out some questions he had pertaining to the proposed safety and implementation plan. Specifically, he asked for confirmation that there would be no lead shot used, as the lead could then end up in the lake and contaminate the waters.
Mayor McFadden confirmed that lead shot would not be used.
Next Mr. Citrin wanted to know how many geese would be slaughtered and how this number would be determined.
Mayor McFadden replied that he would be happy to address these questions when the Board was discussing the resolution later in the meeting and that Mr. Citrin would also be invited to bring forward any additional questions he might have at that time. Sue Heywood expressed concern with both the tree removal at Sunnymeade and the proposed culling of the geese. Turning to the trees first, she noted that she had looked back at both BAR meetings and it had been clearly agreed by the landscaper that the 12 trees would not be cut down and that they would only be removing 4. She further suggested that the pictures clearly showed where each tree was located and what type of tree it was. “You can look at it now and judge exactly how many trees were removed,” she stated. “And they were removed illegally after an agreement.” Moving onto the issue of the geese, she stated that she was in agreement with Marc Citrin. “I’m very very concerned,” she said. “The idea of people having guns on the edge of the lake on private properties and shooting whatever they fancy shooting is appalling.”
Mayor McFadden asked Mrs. Heywood whether she had read the safety and implementation plan and she responded that she had.
“It’s just not correct to state that there will be people shooting on the edge of their property,” he said. Mrs. Heywood asserted that the plan suggested that these residents would be able to apply for permits.
“That’s only one option that’s listed” responded the Mayor.
“I still think it’s immensely cruel,” stated Mrs. Heywood. “Put up big riparian buffers and stop them from landing on these properties. We don’t have that many. We really don’t! The worst place is the Tuxedo Club because it’s clear. They took away the hedging that used to be there. Now the geese can fly in and land there and they do.”
The Mayor informed Mrs. Heywood that these things would be addressed later in the meeting when the resolution was being discussed and that she would be welcome to make additional comments at that time.
Elizabeth Cotnoir stated that she also had comments to make about both issues as well, but that she would be happy to withhold them until after the Board had formally discussed the resolution so long as she would be provided with an opportunity to speak at that time.
Consent Agenda:
Mayor McFadden added the resignation of a part-time Police Officer Gonzales to the consent agenda as letter I. The Board then voted unanimously in favor of approving the consent agenda.
Old Business: Resolution approving up to 10 additional hours for Desiree Hickey to invoice applicants before the BAR, PB, and BZA for architectural or engineering consulting services – The Board voted unanimously in favor of this resolution.
New Business: Resolution to approve Draft Local Law No. 5 – Creating a Community Choice Aggregation Program – This resolution was unanimously approved. Resolution authorizing the implementation of the NYDEC Nuisance Canada Geese Culling Permit – Mayor McFadden opened the discussion by indicating that the driving force behind the culling initiative was the DEC and their concern for health hazards created by the geese. Over the year as the climate becomes warmer, the geese don’t migrate as much and become more sedentary.
“Because of the health hazards,” he stated “the DEC has recognized that geese should be culled. It’s very similar to what happened with the deer,” he added. “The DEC managed that.” He went on to outline the problems associated with the “nuisance Canada Geese” as put forth by the DEC including: overgrazed lawns, accumulations of droppings and feathers on play areas and walkways, nutrient loading to ponds and public health concerns at beaches and on public water supplies. Based on these concerns, according to the Mayor, the DEC is trying to reduce the number of geese. “We have a beach and every morning it is covered with goose poop, which moves into the sand. It’s where E coli forms and kids play on it all the time and that is specifically cited by the DEC as a health concern.” The Mayor is also in receipt of a recommendation for goose management from the Village’s Lakes Manager, North East Aquatic Management, a portion of which he read into the record. He went on to note that there were alternatives to culling such as treating the eggs, dogs and noise among others. He has considered these. He has also considered the idea of a riparian boarder as well as fencing around the lake. These are longer term solutions which he believes would require the Trustees to mandate by a local law that lake front property owners to install either a fence or a riparian boarder. “I don’t think that’s appropriate,” he commented. “I certainly wouldn’t bring that motion to the table.” He further noted that there were property owners on the lake who had taken these steps successfully rerouting the geese to other properties. “The Club was mentioned….that’s an extreme problem,” he stated. “The long-term solution as far as I am concerned,” he continued, “is nudging and suggesting that people put in a riparian boarder and a fence potentially and culling. We have an immediate need for culling based on what’s happening at the Wee Wah and what’s happening to our drinking water with all the awful stuff that is being put into the lakes. I understand how some of the people who typically more environmentally conservative would feel but it must put you in a bit of a hard place because of what the damage is to the water and the potential health hazards for the children who are playing on the beach. We also have a letter of support from the Wee Wah Beach Committee,” he continued. Lakes Committee Chair Jim Hays has recommended hiring a biologist in addition to encouraging riparian buffers and fences. The Mayor told him that he would consider that as part of an “all of the above solution.” In terms of the culling permit, he noted that the Village currently has somewhere between 100 and 200 geese and that while there is no plan to “take out all of them” the DEC measures success as complete removal. The way the permit works is that those properties where geese appear were labeled on a tax map and then given permission to cull them on their own if they chose to do so. As it stands right now, none of these residents have indicated that they plan to cull geese. At the Mayors’ request, the Chief has put together a safety & implementation plan which requires hunting licenses among other requirements as part of the process. “As it stands now, the culling will take place between sunrise and 10pm on Tuesdays, Wednesdays and Thursdays only and whoever is doing it must inform the Village that they intend to cull during that time. Recreation and boating on the lakes will then be closed on the lakes during that time. The DEC permit requires cullers to not only account for but also deliver the dead goose carcass. We are currently looking at a participating food pantry.”
“No one is going to eat a Canada Goose, trust me,” interjected Lili Neuhauser.
“We’re trying,” responded the Mayor. “I know the Sloatsburg food pantry won’t take them. Have you checked with others?”
“Have you ever eaten a Canada Goose,” inquired Mrs. Neuhauser.
“I’ve read that they are tasty, yes,” he responded. “I have not.”
Mrs. Neugauser suggested that it would depend on the geese were eating but further suggested that they would likely not be tasty.
The Mayor reiterated that they were looking for a food pantry, further indicating that while it may not be on Mrs. Neuhausers’ palate there may be people who would enjoy it. “It depends on how it is prepared,” he added. He further indicated that as part of the safety and implementation plan, they had indicated the type of shot that would be permissible, and that the culling could be done by the police, individual property owners or a professional culling company. They have been exploring the idea of professional culling company.
He then opened the floor for questions.
Mrs. Neuhauser expressed concern with the proposed timeline, suggesting that anyone who was going to participate in the culling would need to be properly trained before doing so, especially considering the close proximity of people to the lake. She is also concerned about the noise. “We all know how noise travels on the lake,” she stated. “We can hear Thunder Mountain at our house and that’s over 2 miles away. A shot gun is about 155 decibels. It’s considerable. I am worried about people who are just not conversive with fire arms hearing this. No matter what our police do, this is scary stuff.” She reiterated Mr. Citrins’ point that lead shot should not be used anywhere near the lake and further expressed concern for the neighboring properties wondering whether everyone would be properly informed when it was taking place.
Mayor McFadden responded that the Village Code requires a 500 foot clearance so that the only way individual property owners would be able to do it was with their neighbors’ permission. With regard to the noise, he suggested that the shotgun sound would scatter the geese and that if they were afraid of it after 5 rounds had been set off, they might not need to continue. In addition to shooting, the permit allows the Village to track and destroy the geese. There are several companies out there who do this by herding geese into a net.
Marc Citrin reiterated his belief that culling was an inhumane way to address the issue. “It seems to me that even though you have indicated that you personally have researched this matter,” he commented, “that a Village that can spend years trying to figure out whether they want a cell tower placed somewhere within its bounds can essentially decide over night that they want to destroy wildlife. There is a conflict there that I am not happy with.”
“This has been something that I have been focused on for over 10 years,” retorted Mayor McFadden. “I don’t know why you would say that it’s over night.”
“I would say that because this is the first time it has been placed on a public agenda,” replied Mr. Citrin.
“I posted the permit two weeks ago on the internet,” countered the Mayor “and I sent out a notice.”
“I think it’s much too fast,” Mr. Citrin replied. He further indicated that he felt the public should have more time to weigh in and express their views in terms of the alternatives to a slaughter.
“That’s why we are here tonight…to hear public views,” responded the Mayor.
“Without an expert making a presentation,” asserted Mr. Citrin.
“The expert is the DEC,” stated Mayor McFadden. “They approved the permit. They wouldn’t willy nilly give us a permit if they didn’t think it was appropriate. And, by the way, they know our lakes. They know that we have a beach and they are very concerned about that. They
recognize that we have drinking reservoirs here and our own lakes manager is supportive. These things can draw out for years. The permit only lasts through September 31.”
“There is no September 31,” noted Mr. Citrin. “I believe it’s August 31.”
“No, it’s September 31,” insisted Mayor McFadden.
“There is no September 31,” Mr. Citrin repeated.
“Are you looking at the permit?” demanded the Mayor. “If it’s August than it is even more critical that we make a decision tonight!”
“That’s right,” countered Mr. Citrin. “You are rushing this proposal through because there is a deadline. ‘Time is of the essence’ is not necessarily the appropriate way to handle this type of issue.”
“I am relying on the DEC,” insisted the Mayor. “They gave me the permit. We are hearing public opinion today. There’s a group of people in the Park, respectfully, that of course will be against it and there are others that support it fully. What we will weigh is how many people are against it and how many people support it in our decision...and that does not require the hiring of an expert of a biologist. This is a small community. This is not a big bureaucracy here. That is one of the things I enjoy about what I’m doing. The fact is we are not rushing anything. This would be one part of a solution which could include many other avenues. Why don’t you judge what we do and not what we say?”
Mr. Citrin noted that he appreciated that point but that the other alternatives had not been fully explored before the public. “It’s simply you reciting that you have done research and with an issue as significant as this, just as you present experts on other issues to explain what the options are, I believe that the public should have the opportunity to listen to an expert….not a written document from the DEC, and debate the point. Then, after hearing full discussion, the Board can make a decision on whether this is an appropriate action to take to solve a problem.”
Trustee Brooke noted that historically the Village had culled deer and that as part of that process they had authorized the police to shoot them. At the time there was significant community disagreement about it and it was quite controversial…so the fact that this is also controversial does not represent a problem to him. What he finds concerning is the clear health risk that the geese pose. “I’ve seen a lot of goose shit,” he stated. “I’ve walked in it. It’s on my property. I had a dog and it was not a problem. I no longer have a dog and it is a problem. From my prospective it is a health problem. The geese are not an endangered species, especially Canadian Geese.” He further noted that he had talked to many people about it and was convinced that it was a legitimate problem and something needs to be done. The authorization of how they do it might require a little more input, but in his view, it is a timeframe that is workable. “If people want to suggest to us anything about how it should be done in a more humane way if that is the issue, we could look at it and authorize it effective two weeks from today and go from there. We choose how we implement it. Is it gonna be nets? Is it gonna be guns? Is it gonna be massive dissemination of birth control pills for geese so that they cannot reproduce? If people want additional comment I think we should welcome it and we should respect it, but our responsibility as Trustees is to protect the health of the Village and the geese appear to be a public health problem. Therefore, I am supportive of accepting this permit.”
Citing the analogy Trustee Brooke had made between the deer and geese problems, Christopher Gow suggested that the Village was lucky because there were more options to be entertained with the geese.
“I don’t think that’s true,” responded Trustee Brooke. “You were not here for the deer problem. We arranged for a system where we shooed the deer out of Tuxedo Park.”
“I’m talking about the geese and the options that exist there,” replied Mr. Gow.
Trustee Brooke continued talking about the deer, commenting that the DEC would not allow residents to drive them out of the Park without a hunting permit.”
Again Mr. Gow attempted to point out that he was not talking about the deer.
“Excuse me,” quipped Trustee Brooke, “there were options at that point and those options were considered and we ended up with the clean option.”
“I’m talking about the options for the geese,” reiterated Mr. Gow.
“What are the options,” inquired Mayor McFadden.
“Riparian buffer,” stated Mr. Gow.
“Oh no no,” interjected Trustee Brooke. “Do you know anything about geese? I have property…geese fly! They come down and plop where ever they want.”
“Do you have a riparian buffer,” Mr. Gow inquired.
“No,” he responded. “They climb and I am not going to put in a riparian buffer, so I appreciate your thought. If you would like to do it in a form, we will consider it…but when I hear your point, my judgement is let’s move forward with the approval of the culling.”
Sue Heywood commented that she didn’t think the problem was as large as the Mayor was making it out to be. “I mean, I’ve been on the lake so many times this year and we have looked around and we have enjoyed the geese landing. They’re not that many! There are other solutions than this cruel, cruel method of getting rid of these geese. And they will come back! Others will come back. It won’t be the end of the geese if you shoot them all.”
Mayor McFadden inquired as to the other methods.
Mrs. Heywood suggested that they could stop them from landing in spots where they did not want them to land by installing riparian buffers.
“How are you going to do that?” inquired Trustee Brooke.
Mrs. Heywood responded that they would need to put something along the edge of the property so that the geese could not land there.
“So you are going to put an electric fence on your lawn so that the geese don’t land on it,” retorted Trustee Brooke. “We have a limited time for a meeting and we have other things to do,” he added. “I would say that if you want to propose a solution to us, write it in the next week and we will consider it in how we execute the culling issue.”
“It may be too late,” cautioned Mrs. Heywood.
“You’ve got a week to put it together. We will consider it the following week and if we pass this it will be effective in two weeks.”
Noting that Trustee Brooke lived on the lake, Mrs. Heywood asked him whether he had a problem with the geese. “I don’t think you do because of all the vegetation on the edge of the lake,” she added.
“Yes, I do,” he stated.
“and how does it affect your life,” she inquired.
“If you walk down there is goose shit that you step on. You go on the steps, there’s goose shit. I have kids coming over and they are stepping in it. Thank you….no! But that’s irrelevant here. The issue is that in my capacity as Trustee we are looking at it and we are happy to entertain the question of is it a problem and is there a humane way of dealing with it. Are you agreeing that there is a problem? No! Do you believe that there is a more humane way? Yes! We think there is a problem. If you would like to suggest a more humane way, provide something for us to consider.”
“I don’t think it is necessary to do at all. I think they will come back,” she stated.
Elizabeth Cotnoir acknowledged the population issue, noting that the overabundance of geese was a symptom of the environment as a whole being out of balance. That being said, she feels that what is being suggested is a short-term solution to a long-term problem. She feels that the reasons that have been cited for the culling are the same reasons for either asking for or mandating riparian buffers. “There’s a lot of objections to that. People like that clean lawn shot at the lake,” she stated. “Any land owner who has property…and I have 2 properties on the big lake and 1 property on Wee Wah…it’s your responsibility to do what you need to do to maintain the quality of the water. It’s not ‘I want this’ or ‘I don’t want that’ or ‘I don’t want to look between the trees, I just want a clear view!’ You need to consider more than your own desires! I understand the health issues. They are real. However, I have a beach on the Wee Wah that was inundated with geese and I put some logs there, some plants, some rocks…and they don’t bother me anymore. They probably jumped down to the Beach Club because they have a clear shot at the lawns there. They need 50 feet of landing strip,” she added further listing several options that could be utilized to limit the space. With regard to the sound, she suggested that people valued the peaceful, quiet atmosphere and that firing guns at 6am was too much to ask. Meg Vaught observed that the goose poop at the Beach Club had been an issue for as long as she could remember however, historically there had been full-time employees there who cleaned it up on a regular basis as part of their duties and it was never a health hazard. In fact, the Board of Health used to visit the Beach on a somewhat regular basis and had never made note of the issue that she was aware of. “I don’t think that the new management at the Wee Wah has hired any full-time employees who would do something like that. I’m sure we are not asking our DPW to do it. So, to me it just seems a little unfair to say that we are going to kill these animals because we are no longer willing or able to clear their poop out of the municipal swimming area.”
“The current lifeguards clean the poop every morning,” responded Mayor McFadden, “but the fact of the matter is that it still contaminates the soil from the moisture. It contains E Coli.”
Mrs. Vaught responded that she believed that this was so, adding that her daughters had worked at the beach for several years in a row and she could report based on their experience that sometimes it needed to be done more than once a day. She then wanted to know if there was any hard evidence other than the referenced letter from the DEC of the negative impacts that the geese have had on the community. “Has anyone ever gotten E coli from playing on the sand at the beach? Do we have any samples of water that indicate that goose poop is a source of contamination? This is something that has been discussed for a long time. I have sat through meeting after meeting for years and years where the Village has spent hundreds of thousands of dollars on water samples just so they could pull weeds! Now in the span of one day, with the pertinent documents posted to the Village website just this morning, you guys are ready to vote on it and while I understand some of the frustrations people who live on the water face, the main reason that was cited by Trustee Brooke was that people are stepping in shit and this is not a good reason to kill geese.”
“That is not the main reason,” Mayor McFadden stated. “I have made all of my references to the DEC. They are experts. They employ biologists. They are in charge of this culling program. They wouldn’t have given us a permit if they didn’t think it was necessary. They are very familiar with our lakes. They specifically referenced the beach. This is about the health of the Village and I understand that some people may be against it but we are responsible for that and I take my cues from the DEC.” With that the Mayor stated that he would be ending the public discussion.
Trustee Kasker commented that he felt that this manner of culling would be a horrible decision for the reputation of the Village as well as the safety of its’ residents. He finds it hard to believe that all of a sudden there is a goose problem. “Ironically the letter today from the Lakes Management Company shows up saying that it’s a problem despite multiple years of reports from that never mentions a goose problem in connection with the health of the lakes. I have heard multiple people suggest that we have to do this because of our drinking water,” he continued “and yet riparian barriers is something that has been cited by the Lakes Committee and the Tree Advisory Boards for years to help prevent excess nutrients from going into the lake yet we have stern objections to putting them on our lawns. So now we want to clean up the goose shit but not put in riparian barriers because of the health of the lake, even though riparian barriers will improve the health of the lake.” He then pointed out that condition number 3 on the permit says that the authorization may not be used to remove geese in areas where they are merely a nuisance. “Merely a nuisance is poop. Health of the water is not, which is where I think you are getting permit from.” He then asked John Ledwith whether or not the drinking water was tested regularly. The answer was yes. Next he wanted to know whether there had ever been any type of alert related to goose poop suggesting that there was an issue with the water. “Not to the best of my knowledge,” Mr. Ledwith replied.
“The Department of Health probably would have come down on us if there were people getting sick from our beach,” stated Trustee Kasker, “and we have no reports of that. The DEC approved the permit,” he continued, “ but on their website it also says that it recommends taking multiple steps to alleviating problems and that there is no one single solution. We need a comprehensive plan, not one that involves discharging fire arms in a residential area on a lake. There are professionals that will do this. We should hire a professional. I suggested today that we give a biologist $500 to give us an assessment of the problem and I was told ‘no, we’re not doing that.’ Jim Hays seconded that we should do this. I think that we should listen to the Chair of the Lakes Committee when he makes a recommendation like that.
“I did listen to it,” interjected Mayor McFadden.
“and then you said ‘no, I’m not doing it,’” noted Trustee Kasker.
“You had already said ‘I’m not voting for this,” recollected the Mayor.
“I didn’t say that,” Trustee Kasker asserted. “I said I objected without clarity. We didn’t have a single complaint in writing, we didn’t have a single record of any issue with geese and we were about to vote on something only because at that point the Mayor said it was a problem.” He further indicated that earlier that day he had spoken to a Village resident at the Beach Club and he had inquired as to whether they had had any problems with the goose poop. The response was no, and that individual had been frequenting the beach all summer.
“That’s because we have been cleaning it every morning,” stated Mayor McFadden.
“Right,” replied Trustee Kasker “but I was there at 7:30am the morning before and I didn’t see any poop. I’m not saying that it’s not there. I’m saying that I haven’t seen it and I think that everyone on the Board, when we make a decision like this, should see the background…the proof…and understand if this is a real problem, especially because it is controversial and people are going to question why we made this decision.” He went on to express concern about the discharge of firearms. Questing the validity of the Mayor’s count of the goose population, he suggested that if 100 geese were to be shot, there could potentially be 100 discharges of firearms on properties around the lakes. Village law clearly states that only birdshot can be used and that it could be difficult to kill the birds this way. “It can be done,” he cautioned, “but you are going to maim a lot of geese. We are going to have bigger problems here. I would like the Board to not rush through this…to discuss other options like the DEC recommends and have a comprehensive plan.” He further reiterated that this seemed to be a brand new problem which had not been brought up to the current board or anyone for that matter. There were no formal complaints about geese on file. He does not feel like they have enough background to make a decision and he believes they should hire a professional to make a recommendation and then consider a solution.
In response, Mayor McFadden stated that there were quite a few people who had formally claimed that the geese were a problem on their property.
Trustee Kasker stated that he had asked for the names of these folks so that he could ask them for details and have a conversation for clarity but he had not been provided with any information.
“I told you,” stated the Mayor, “people don’t want to be associated with it because of blowback from the community of PETA. And, I told you that you were welcome to contact people yourself although you might run into that same problem. However, as long as I am Mayor, I am not going to dox people.”
“I am not going to dox people either,” responded Trustee Kasker.
Following some further back and forth, Trustee Brooke suggested that consider tabling the issue until the next meeting. Over the course of the next month, they will gather the information that they need in order to make a more informed decision and execute a plan if they decide they need one at that meeting.
“I would just like to comment though,” stated Mayor McFadden. “This push for riparian barriers and fences is not something as Mayor that I would ever put into local law. I think it is frankly inappropriate to tell a property owner on the lake that is already being taxed that they are required to put in a riparian barrier or a fence. I’m not going to put a fence in front of my boathouse. For people who don’t live on the lake to suggest that shows a certain disconnect with the reality of who is going to cut that $20,000 check.”
“I don’t support fences,” responded Trustee Kasker. “That doesn’t support the health of the lake. Vegetative barriers effect the health of the lake.”
“So, would you mandate that for somebody to put in,” inquired the Mayor. “What if it’s $20,000?”
“Yes, I would,” replied Trustee Kasker. “If somebody had a landscaping plan in front of the BAR. I would never say that starting tomorrow people have to put in riparian buffers.”
“You’re talking about two or three years out,” suggested the Mayor.
“That’s fine,” stated Trustee Kasker.
“No it’s not,” argued Mayor McFadden. “We have a health problem.”
“No we don’t! We don’t have any evidence of a health problem,” Trustee Kasker stated.
“The last time you asked me to show you evidence was over the Wee Wah Beach Club and you discounted all of those letters. You said ‘Oh those are people who voted for you and you blew them off!”
Trustee Kasker denied this, further pointing out that they were not currently discussing the Wee Wah Beach Club, rather they were discussing discharging weapons in a residential area to kill geese. He pushed the Trustees to agree to hire a professional for $500 to give them an assessment.
“What are they going to tell us that the DEC is not telling us,” demanded the Mayor.
“The DEC is not telling us anything!” alleged Trustee Kasker. “The DEC gave you a permit because you said we have geese on a beach and a lake and they said yes, good go kill them!”
“That’s not how it works,” replied Mayor McFadden.
“It is how it works,” retorted Trustee Kasker. “I was on the phone with them today.”
Ultimately, the Board agreed to authorize $500 for Trustee Kasker to obtain a professional report. The issue was then tabled until the next meeting. Resolution approving the Sunnymeade Landscape a.k.a. McLennan Application to proceed – with tree and DEC Wildlife approval – Noting that the Trustees were not interested in overturning recommendations by any appointed Board, Mayor McFadden stated that they would only be actively looking at the tree issue and the DEC wildlife approval. His understanding is that there were 14 trees proposed to be removed on the original application, but the final approved application only allowed for 4. The applicant will be planting other trees in addition to adding a riparian buffer. “Apparently there are some photographs of additional trees that have been taken down,” he noted, further referencing communication that had come from Wicks Tree Service suggesting that the trees in question were either dying or dead.” Commenting that while there were some people who might feel this was just an excuse to allow for the cutting, he knew Wicks to be both responsible and reliable and that he would take their word for it. Additionally, there has been some concern relating to the disturbance of endangered species, specifically long-eared bats and timber rattlesnakes. DEC wildlife has granted the applicant permission to move forward. The Mayor then recommended that the Trustees vote to grant the applicant permission to move forward with their project, after which he suggested that Building Inspector John Ledwith should visit the property to assess the tree situation and if there is a problem, it should be sent to Justice Court.
This was discussed at some length. Trustee Brooke suggested that the process for this applicant had been, in his view, “remarkably resident unfriendly” and that perhaps the Villages’ 4-tree rule should be revisited and adjusted for acreage. Ultimately it was determined that the Board did not need to vote. Mr. Ledwith will review the tree situation and respond accordingly. If the applicant has exceeded the allotted amount of trees, they will need to return to the BAR or face a violation. Resolution to schedule a Public Hearing on Draft Local Law No. 6 or 2022 – Penalties for utility companies lack response to remove unused telephone poles – The Board voted unanimously in favor of scheduling this hearing for August 17 at 7pm.
The Board then adjourned into an executive session to discuss legal matters, the police contract, Justice Court procedural matters, 3 tax billing and penalty matters and collection of delinquent water billing.
The Village Board of Trustees met on Wednesday, June 15 at 6pm. Trustee Brooke was absent.
Invited Guest Presentation – Ed Marcus from Amawalk Consulting Group LLC to Present Sewer & Water Rates Followed by a Q &A:
The meeting began with a presentation on sewer and water rates from Ed Marcus of Amawalk Consulting Group. That presentation can be viewed here.
Following the presentation there was a question and answer session. With regard to the water rates, Trustee Kasker asked Mr. Marcus if he could “dive a bit deeper” by providing an example of the burden the Village has by owning the water system and why it might make more sense for a premium to be paid by Town users. Mr. Marcus explained that as the owners of the system, the Village had to bear certain associated responsibilities and risks and that the industry associations endorse the idea that they should get some form of premium in exchange for that. “There have been a lot of experiences of things happening in terms of unexpected water quality, contamination and other unexpected, unforeseen expenses that occur. You kind of assume on a contractual basis that your outside customers would just pay up their share if you increase the rates to cover that and so forth. But, the issue of whether someone can conduct and argue that the Village should have done something differently…or the Village should have done this or done that,” he stated, further suggesting that combination of responsibility and risk justified the premium.
Trustee Kasker then asked how the Village’s current water rate of $13.70 per $1,000 compared to other municipalities in New York.
Mr. Marcus could not answer this question.
Mayor McFadden stated that the Village had 2017 summary from Nycom listing every municipality in the State along with all the sewer and water rates. He suggested that he could send Trustee Kasker a copy of this and that he could also post it to the website for the public to look at.
The Mayor then inquired as to whether people who have septic tanks would be treated differently than people who were using the Village sewer system.
“That would be a policy decision for the Village,” Mr. Marcus responded, further indicating that they assumed it would be the case, particularly in terms of operations, as these folks would not be providing waste water into the sewers and as a result impacting the cost of treatment at the plant.
“I think that John and Tinka and I wanted to make it clear that we didn’t think that it was appropriate that those people were paying into the sewer like everyone else…in the sense that one of my main goals is to make this fair and equitable across the board,” stated the Mayor. “For example, when you’re putting it into property tax you might have someone with one bathroom and a kitchen, who is a Weekender, essentially paying the same thing as the School or the Club. Putting it into property tax is not an efficient way. There are only a handful of municipalities in the State that do that.”
The conversation then turned to equity. Mr. Marcus explained that features of the proposed structure were based upon consumption and a fixed charge as well as a minimum charge. “Everyone should really contribute fairly to the fact that you have to have that system there, ready to go and ready to serve when someone comes in and starts using water.”
“I would also like to point out for the Public,” added Mayor McFadden, “that taxes are going to be lower this year and there are two reasons: one is because of our efficiency in managing the budget and the other is because we have taken the expenses to run the sewer department out of the general budget and put them into a sewer budget. When you take those dollars out of the general budget, it’s no longer taxable. What is going to result is that people who don’t use the system (septic) are going to be very happy because they will only be paying the minimal amount and people who are the big users might pay quite a bit compared to what someone else pays. So whether or not the lowering of the taxes means that every user is going to pay less or some may pay more…I think it’s clear that the situation will result in some people paying more and some people paying less.”
Mr. Marcus agreed, further noting that he felt this was an equitable approach as the value of a property really has nothing to do with the burden that it places on the waste water system.
It was then clarified that those people who were either on septic systems or did not have any connection to the sewer system would not be charged sewer fees. There are some conditions that relate to houses that rely on wells for their water but connect to the sewer system. For these homes a water meter will need to be installed so that the Village can calculate the amount they are contributing to the sewer. These folks will receive a sewage bill only.
Trustee Kasker inquired about the difference in sewer rates for commercial vs. residential properties, noting that the presentation had touched on the water rates differential only.
Mr. Marcus responded that typically across the country most municipalities maintained a uniform rate for water consumption related to sewer use.
The Village will begin using the new system in fiscal 2022/23, which means that the first bill that will include sewer will be sent out on October 1.
“I’m really looking forward to getting this going,” stated Mayor McFadden. “I’m very pleased that we have accomplished this and I want to thank my entire Board for their cooperation.”
As there were no more questions or comments, the discussion was then concluded.
Public Hearing – Draft Local Law No. 5 of 2022 – Use of Videoconferencing for Municipal Meetings: This is a law that follows New York State legislation that made changes to the Open Meetings Law as far as video conferencing. Prior to this State law being adopted, the rule was that a Board member could video-conference in so long as they posted the address where they were located in case somebody else wanted to attend the meeting. The State legislation changes that law so that in order to even consider participating by video-conference, the Village must first enact the proposed legislation before them. Passing the law does not require the Board to video-conference, but will give them the authority to do so. The law is also a lot more restrictive, requiring that at least three Board members attend meetings from a location that is publicly accessible (this could be together or in three separate locations) with the addressed posted beforehand. Typically, Board members will not be allowed to participate from home or other such inaccessible locations unless there are extenuating circumstances such as illness or travel. Any Board member can participate in a meeting by video conference but unless this law is enacted, they will not be counted as a part of the quorum nor will they be permitted to vote.
There were no questions or comments from the public.
Trustee Scherer wondered how this law related to the Executive Order recently passed by the Governor.
Board Attorney Brian Nugent explained that the Executive Order is part of the Covid emergency and it allows municipalities to conduct meetings by video-conferencing as well as telephone conferencing without noticing the locations. This remains in effect through July 14. This new law will ultimately replace the executive order when it expires.
The Public Hearing was then adjourned.
Swearing in of Part-Time Police Officer Jaymie Ruiz:
The Board voted unanimously in favor of hiring part-time Village Police Officer Jaymie Ruiz effective immediately. Officer Ruiz was then officially sworn in.
Mayor’s Comments:
The Mayor reminded everyone that the Village election was coming up on Tuesday, June 21. Trustees Kasker and Shaw will be running unopposed for re-election. “It has been a pleasure working with both of them for the last two years,” stated the Mayor, further noting that Kasker and Shaw had played a critical role in all that had been accomplished and that he looked forward to working with them for at least another year and hopefully longer. He encouraged residents to either pick up absentee ballots or visit the Village Office on the 21st between 7am-9pm to cast their votes.
Reports and Minutes:
Click here to view the DPW Report
Click here to view the Police Report
Click here to view the Building Department Report
The Village is in receipt of a request from Jack Perna on Lookout Stable Road for a road-cut. Mr. Perna purchased a vacant lot at the end of the road which does not have any official driveway or road-cut. In accordance with the Village Code the BOT must approve any road-cut. Additionally, Mr. Perna has provided evidence regarding a hardship that connecting to the Village Sewer system would be cost prohibitive. He is requesting permission not to connect to the Village sewer system but rather to construct a septic field on site. This will need to be approved by both the Orange County Health Department and the Village Engineer. Mr. Ledwith recommended that the BOT approve both items.
The Village is also in receipt of an e-mail from the manager at the Tuxedo Club indicating that they have decided to forgo the majority of the changes that they had proposed before the BAR last year. They will only be proceeding with the work directly in front of the main entrance to The Club and with this they will be modifying the entryway in include a second road-cut. This will need BOT approval, which Mr. Ledwith recommends. The approval will come with the condition that the plan being presented matches the plan that was presented to the BAR approximately one year ago.
Volunteers Needed at the Racetrack – Village Clerk Elizabeth Doherty commented that earlier in the week she had had the pleasure of visiting the Race Track Nature preserve. She encouraged residents to visit, further noting that it truly is a beautiful place to visit. She went on to say that they were always looking for people to help out with the physical work like weeding and planting. Although these tasks might seem like a chore, in such a beautiful setting they are really quite pleasant. Anyone who is interested in helping should send an email to TPTREEBOARD@GMAIL.COM.
Public Comments:
There were none.
Consent Agenda:
The Consent agenda was unanimously approved.
Old Business: Schedule Public Hearing for July 20, 2022 for Draft Local Law No. 5 – A Local Law Creating a Community Choice Aggregation Program- Draft Local Law No. 5 is essentially a low that will allow the Village to purchase power, with a focus on renewable energy, on an opt-out basis. The Village will be able to aggregate their community purchasing power. It will not obligate them to do anything, but rather gives them the option to go down this path if they so choose. There have previously been two presentations before the Board on this and the Town has just adopted similar legislation. Following a brief discussion, the Board voted unanimously in favor of scheduling a public hearing on July 20, 2022 at 7pm. Resolution to Approve Local Law No. 5 – Use of Videoconferencing for Municipal Meetings- The Board voted unanimously in favor of approving Local Law No. 5. Resolution to Adopt the Rules and Procedures for Videoconferencing as Presented to the Village Board to be Effective on the Same Date as Local Law No. 5 Becomes Effective - The Board voted unanimously in favor of adopting this resolution. Resolution to Approve Insurance with Traveler’s Insurance – Several months back the Board discussed that the Village would be pursuing a quote against current insurance company Marshall & Sterling. They did this because they felt it was their fiscal responsibility as fiduciaries to explore whether or not there might be a difference in coverage and/or cost. Over the past several months, the Village has been carefully assessing the information and Traveler’s Insurance has come in about $30,000 less. The Mayor is strongly recommending that they switch carriers. Following some discussion, the Board voted unanimously in favor of moving forward with Traveler’s.
New Business: Resolution to Approve Sewer Rates Recommended by Amawalk Consulting Group, LLC – The Board voted unanimously in favor of moving forward with the rates as presented by Amawalk as Option 3a. Resolution to Engage Cooper Arias for 2022 Audit at a Cost of $19,000- This represents a $1,000 increase over last year. Following a brief discussion, the Board voted unanimously in favor of approving the resolution. Installation of 25mph Sign on West Lake Road near Summit Road – The Board voted unanimously in favor of installing the sign at the recommendation of Chief Conklin. Resolution to Approve Renewal of the Village Subscription to ICLEI- The Board voted unanimously in favor of approving the renewal provided the cost is under $1,000. ICLEI provides access to software that is being utilized to both calculate past Greenhouse gas emissions for the Village and also develop a Climate Action Plan for the Village. Jack Perna Request for Road-Cut and Sewer Hardship – Following some discussion, the Board voted in favor of approving both of Jack Perna’s requests conditional upon the approvals determined necessary by the Building Inspector (Health Dept., Village Engineer and Planning Board) Tuxedo Club Request for Road-Cut- The Tuxedo Club has advised the Village that they will only be paving the existing delivery access point. They will not be modifying either the access point or the employee parking lot. They will proceed with the approved plan for the main entrance with one major difference in that they will be adding an additional entry/exit adjacent to the existing roadcut. The Board voted unanimously in favor of granting the request.
The Board then entered into an executive session to discuss litigation, a new employee hire and the PBS Contract Negotiations.
The Village Board of Trustees met on Wednesday, May 18 2022 at 6:30pm. Trustee Brooke was absent.
Invited Guest Presentation:
The meeting began with a presentation from Jeff Domanski of Hudson Valley Energy, Org focused on Community Choice Aggregation. In brief, CCA is a policy mechanism supported by NYS that enables electricity supply choice by allowing communities to band together to determine default energy offerings on behalf of residents, small businesses and organizations. There are a number of potential advantages to getting involved in this free program and these were briefly outlined in the presentation as were the steps involved with moving the initiative forward. There are roughly 150 communities currently enrolled. If the Village wants to proceed with it, they must first pass a local law.
As they were running a bit behind schedule it was agreed that the Board would assemble a list of questions for Mr. Domanski which they would send to him via email. The questions, along with their answers once received, will be posted to the Village website.
Public Hearing – Local Law No. 3 of 2022 – A Local Law to Allow Boats and Other Devices on the Wee Wah Lake in the Village of Tuxedo Park:
The Mayor opened the hearing by announcing that the final draft of the proposed law had not been made available until late that afternoon and therefore it was his intention to leave the hearing open in order to allow residents time to digest the draft and formulate questions.
Jay Reichgott commented that he was generally in favor of the legislation but had a couple of technical points/questions. He noted that a section of the law pertaining to the re-construction of existing docks or the installation of new temporary docks on Wee Wah lake had been removed from the current draft. He wondered whether this had been done on purpose. The answer was yes. Mr. Reichgott then asked why residents who own property on Wee Wah Lake do not have the same rights to docks and floating docks as the residents who live on the other Village lakes. The Mayor responded that their ultimate goal was to be able to construct another dock from which to launch boats. He further suggested that they would look at language in order to ensure that the intent was clear. Next, in a section that pertains to all Village lakes, Mr. Reichgott noted that the allowable boat size had been increased from 21 feet to 25 feet. He wondered why. Mayor McFadden responded that the language in the original law was outdated by roughly 15 years. “There are so many new manufacturers out,” he stated. “You might find a terrific new electric boat that’s not a pontoon or a single hull that might be 22 feet. That is the rationale behind it.” Mr. Reichgott then pointed to a section of the law that forbids pontoon boats on Wee Wah Lake and Pond #3, noting that language had been added making an exception for those boats that might be owned/used by and/or rented out by the Village. He wondered if this meant that the Village intended to get into the business of party boat rental on Pond #3 and the Wee Wah. “That depends on how you define party Jay,” responded the Mayor. “There are degrees of partying and the plan is to someday have (if we can afford it) a pontoon boat on Wee Wah Lake for the members of the Beach Club to be able to go out and enjoy themselves on the lake.”
Claudio Guazzoni commented that he wanted to make the Board aware of a legal term called contra proferentem, which is a doctrine where a court will rule against the drafter of a law or contract if the wording is vague or difficult to interpret. With that being said, he drew attention to a sentence in the law that reads “Non-waterfront residents or non-residential party owners with a property or long-term rental that does not abut the Wee Wah Lake shall only be permitted to swim in the Wee Wah Lake if they are members of the Wee Wah Park and Beach Club during its’ official hours of operation.” His concern pertains to the verbiage “during its official hours of operation,’ which he feels is vague and open to interpretation and ultimately, a court might rule against the Village. He suggested that this verbiage be moved to the beginning of the sentence in order to make things clear. The mayor responded that they would look at this and consider the change. Next Mr. Guazzoni pointed to a section that reads “The Village further hereby reserves to itself the right and authority to license the operation of the Wee Wah, the immediate and surrounding property and next thereto.” He wondered if this referred to public property only or if the Village was annexing people’s land. Mayor McFadden replied that it referred only to the Wee Wah itself. Mr. Guazzoni suggested that they specify this within the confines of the law. The Mayor suggested that they would ask their attorney to insert parcel numbers.
The hearing was continued to Thursday, May 26 at 11am.
REGULAR MONTHLY MEETING
Following the Pledge, there was a moment of silence for the people of Ukraine.
Mayor’s Comments:
Mayor McFadden reported that the kick-off event held at the Wee Wah Park on May 15 was a success. More events are planned in the future. Additionally, he noted that both Trustees Shaw and Kasker would be re-running for their seats in the June election. They are unopposed.
Reports and Minutes:
Click here to view the Police Report
With regard to speeding, Chief Conklin noted that the department had been issuing more warnings than actual tickets but he felt that moving forward they needed to institute a no-tolerance policy. The Mayor agreed with this suggestion further noting that it was particularly important to do so during the summer months.
Beginning July 1, non-resident vehicle tags will no longer be honored at the Front Gate. Those wishing to enter the Village who have not been enrolled in the automatic gate opening system will be stopped and fully vetted.
Click here to view the DPW Report
Click here to view the Building Department/Code Enforcement and Capital Projects Report
Click here to view the Treasurer Report
Click here to view the Court Report Liaison – Sewer Rates: A Power Point presentation focused on the work of the recently contracted consultant has been posted to the Village website. Board members were encouraged to view it and formulate questions. Milfoil Updates: The Mayor reported that all the approvals are in and the permits have been set. As previously noted, the Village has arranged for a payment plan as opposed to a lump sum payment as was originally set forth in the contract. The Mayor has asked for a timeline for the maintenance /abatement but has not yet received it.
Public Comments:
With regard to the May 17 Board of Education Elections, Claudio Guazzoni congratulated Village residents Kimberly Breiland and Heather Kidde, who have likely been elected (results have not yet been finalized). He praised those Village residents who came out to vote, commenting that a robust Village turnout was very important in these elections and that he was hopeful they might be able to get a third Village resident on the Board next year.
On behalf of Christopher Gow, Village Clerk Elizabeth Doherty announced that the Tuxedo Park Tree Advisory Board and Garden Club would be hosting a steeplechase ceremony and peony garden party on Saturday June 4. All Village residents are invited to attend.
For the record, Mayor McFadden noted that moving forward the Village would not read such comments into the record and that residents wishing to make announcements of any kind should attend the meeting and make them in person. If they cannot be there, the Village will gladly post a written announcement to the website along with the meeting documentation.
Consent Agenda:
Following some minimal discussion, the consent agenda was unanimously approved.
Old Business: Discussion Regarding the Hiring of VRI Environmental Services, Inc. by Resolution After Last Months April Regular Meeting’s Executive Session- Following an executive session last month, the Board voted in favor of hiring VRI Environmental Services to run both the water plant and sewer plant. They will be responsible for all liaison duties (DEC, Health Dept. etc.) as well as the day-to-day running of the plants. This is a cost effective change and nobody in the DPW will lose their job as a result. Election Day resolutions to correct date – Board voted unanimously in favor of amending two Election Day resolutions to reflect the correct date of Tuesday, June 21, 2022 from 7am-9pm.
New Business: Schedule Public Hearing for Local Law No. 4 – A Local Law Authorizing the Use of Videoconferencing for Municipal Meetings on June 15, 2022 at 6:50pm – This is a local law that will allow the Village to continue to use video-conferencing for their Trustee meetings as needed. There are some caveats in that all Board members cannot be remote at the same time. At least 3 members must be present in a public place where the public can attend. If not passed, the Village will not be able to use video-conferencing at all, except in the case of emergency. The Board voted unanimously in favor of setting the hearing. Resolution Approving W & S for Engineering Services for Tuxedo Lake Water Main Replacement Design and Permitting Services – The Board voted unanimously in favor of this resolution. Resolution Approving W & S for Engineering Services for Dam Safety Inspections- The Board voted unanimously in favor of this resolution. W & S SEQR Resolution – This resolution pertains to a sewer line repair. Westin and Sampson requires a SEQR resolution from the Village classifying the repair as a Type 2 Action. Following a brief discussion with their attorney, the Board voted unanimously in favor of the resolution. Resolution Authorization to Levy Unpaid Water Bills Onto Property FY23 Tax Bills – The Board voted unanimously in favor of adopting this resolution.
The Village Board of Trustees met on Wednesday, April 20 at 7pm. Trustee Scherer attended virtually.
The meeting began with a moment of silence for the people of Ukraine.
Mayors Comments:
Mayor McFadden began by wishing everyone a happy Passover and Easter. The Village has just finished with their budgeting process ahead of schedule. He recognized Deputy Mayor and Budget Director Tinka Shaw as well as John Ledwith and Elizabeth Doherty for all of their hard work.
Reports & Minutes:
Click here to view the Police Report
Mayor McFadden asked Chief Conklin for an update on the automatic gate opener. The Chief reported that things were running well. There was a recent incident whereby a vehicle backed into the device, damaging the camera and as a result, the system was inoperable for a short period of time until the vendor could repair it. Because most (if not all) residents still have their vehicle tags, the situation was entirely manageable and traffic was not held up as a result. It has been agreed that the vehicle tags will not be collected and that residents may keep them for times such as these, otherwise every car would need to be stopped on entry.
Click here to view the DPW Report
Click here to view the Building, Construction & Special Projects Report
Click here to view the Justice Court Report
Click here to view the Water Report
Click here to view the Treasury Report
Click here to view the Board of Assessors March Minutes
Click here to view the CSLAP Membership list and here to view the current Wee Wah Park/Beach Membership List.
Public Comments:
Jay Reichgott noted that under the OLD BUSINESS heading on the agenda there was an item pertaining to scheduling a public hearing on the use of boats on Wee Wah Lake. He wondered whether or not the Board intended to introduce the subsequent law.
The Mayor responded that it would be introduced although not that evening. He added that it would be published as per the law with plenty of time before the hearing. He further explained that if the law passes, it will allow the Village to launch canoes and kayaks from the Wee Wah Park as a service to the members. “Right now the law reads that only people who own property are allowed to launch boats,” he added. Mr. Reichgott suggested that there was a clause within the existing law that allowed the Board of Trustees to designate other locations. “That would be great,” responded Mayor McFadden. “We’ll see whether we do a formal re-write or a resolution, but I thank you very much for that.”
Mary Roth, a Trustee for two trusts that own property in the Town of Tuxedo (MSP Realty Trust & Library Realty Trust) said that they have submitted notifications to the Village of Tuxedo Park Water Department requesting that water bills continue to be sent to the tenants in those properties. “I know the Water Department Changed the policy recently and as property owners, based on the Village Code 97-8E, we would like enact and request that those bills be sent to the tenants. We would then also be liable for any unpaid amounts….should they not pay we would have no problem doing that, but we would like it to go back to the way it used to be. This is the first quarter that we received the bills.”
Trustee Kasker noted that this item was on the agenda for discussion later in the meeting. The Village is in receipt of the notifications referenced in addition to a letter from another property owner addressing the same issue. “Everybody has agreed that if their tenants do not pay by the due date, then the owners would be liable to pay those bills. It’s in our code and so we will pass a resolution that will allow the tenants to be billed and then the property owners if the tenants don’t pay.”
Ms. Roth thanked the Board for this information noting that she hoped the new practice could start in Quarter 2 as they had already billed their tenants for Quarter 1.
Consent Agenda:
The consent agenda as follows was approved unanimously. 1.Add all written reports to the Permanent Record 2.Approve March Minutes for both meetings 3.Approve Earth Day Community Shredding Event – Friday, April 22 4.Approve usage of the Wee Wah Park for the 2022 Fifth Grade Picnic for the students of George Grant Mason Elementary School 5.Approve Resignation & Payment Plan of Part-Time Police Officer Tyler Stark 6.Authorizing the Mayor to sign the State Pollutant Elimination System (SPDES) permit for the Sewage Treatment Plant 7.Authorizing the transfer of $50,000 from the Water Fund account to the Capital Improvement Savings account 8.Authorize the Mayor to Renew the CDPHP dental plan; rates are the same as the previous year
Old Business: Resolution to authorize the Mayor to sign the IMA with the Town for the Summer Camp to use the Wee Wah Park – Board attorney Brian Nugent explained that since the Village would be leasing the space to the Town, a licensing agreement would not be necessary and that an Intermunicipal Agreement would be an easier way to accomplish things. The agreement has not yet been presented to the Town but once approved by the Board, he will share it with Town Attorney, Howard Protter, who can bring it to that Board for approval/agreement. The Board voted unanimously in favor of this resolution. Resolution to schedule a Public Hearing on the use of boats on the Wee Wah Lake for 6:50pm, May 18, 2022 at the Village Hall – Mayor McFadden noted that he would like to bring up a public hearing on a new local law regarding the launching of boats on Wee Wah Lake from Wee Wah Park. “If it’s necessary, if it can be done by resolution, we’ll do that, but let’s go ahead and schedule a public hearing,” he stated further commenting that a copy of the proposed law would be available well in advance of the meeting. The Board voted unanimously in favor of adopting the resolution. Resolution to authorize the Mayor to sigh the Solitude Lakes Management Agreement with updated payment plan for Milfoil Eradication – In their most recent contract, Solitude combined pre-payments for all three treatments on the lakes for milfoil eradication, which came as a surprise to the Mayor and had not been factored into the 2022/23 budget. The Mayor went back to Solitude and negotiated. “They were able to talk to the manufacturer of ProcellaCOR and give us better payment terms,” he noted. The Board voted unanimously in favor of authorizing Mayor McFadden to sign the agreement.
New Business: Resolution authorizing the Mayor to sign the agreement with Munistat, a firm specializing in municipal finance and municipal government-related matters – John Ledwith explained that the Village has used Munistat in the past to consult with regarding potential bond issuance for large capital improvements. Recently they met in order to review/analyze some of the bonds that the Village currently has and it was brought to their attention that there were some potential cost savings of roughly $5,000 per year on bonds that expire in 10 years ($50,000 in total). Additionally, they have offered their continued services moving forward.
“I’m not sure if everyone is aware,” stated the Mayor, “but the grants we applied to…We did not receive awards on any of them. They were just issued. So, bond issuing, short-term loans and long-term loans are going to be an issue and we would like to have proper advice.”
The Board then voted unanimously in favor of authorizing the Mayor to sign the agreement. Resolution to accept private donations to the Friends of Wee Wah Park (Improvement Fund) – The Board voted unanimously in favor of allowing the Village to accept private donations to the Friends of Wee Wah Park for an improvement fund. Resolution Regarding the Wee Wah Fishing Club Employee Eligibility Request – The Club has requested permission to exceed their membership cap eligibility in order to allow part-time Village Police officers to seek membership. Following minimal discussion, the Board voted unanimously in favor of approving the resolution. Resolution approving Wee Wah Park Summer Fundraiser on Sunday, May 15 at 2pm – The Board voted unanimously in favor of approving the event. Resolution to approve request from three property owners to bill tenants, in lieu of property owners, for water consumption – Trustee Kasker noted that through their diligent efforts to collect past due water bills, they had discovered that the Village Code as written requires that property owners, not tenants, be billed for water services. The Village had been billing the tenants and therefore a change was made in order to bring the process into compliance and the property owners were billed instead. When property owners would prefer that their tenants be billed, the Code requires that they submit a letter explaining the specifics as to how payment would be recouped should the tenant default on the bill. The Village is in receipt of 3 such letters. Following minimal discussion, they Board voted unanimously in favor of allowing the water department to bill the tenants at 7 Library Road, 2 School House Lane and 21 Augusta Place. The property owners will be responsible for the charges should these tenants fail to pay their bills. Resolution authorizing the Mayor to sign updated Code Red agreement to inform water customers of boil water notices and other Water Department Alerts – There are some residents in the Town who do not have email or internet and therefore, they do not receive all the alerts when there is a water main break or a boil water notice. One way to alleviate this issue is to incorporate those individuals into the Village’s Code Red Alert system. The system can be segmented by population. This would require the Mayor to sign an updated agreement, at no cost, authorizing the addition of these individuals to the Code Red database. Following a brief discussion, the Board voted unanimously in favor of this resolution. Resolution to approve the following personnel for the Village Board of Trustees Election on June 14, 2022 – Machine Operators: Kurt Haug and James Pearson, Wendy Dulin (Alternate), and Table Inspectors: Jean Haugh, Desiree Hickey, Lori Giggino, Jennifer Weiss (Alternate) at the rate of $250 for the day per person – This resolution was unanimously approved.
Following the audit of claims, the Board entered into an executive session to discuss Village employees, legal matters and PBA negotiations.
Notice of Board of Trustees Budget Workshop April 8, 2022
The Board of Trustees of the Village of Tuxedo Park shall hold a public budget workshop on Friday, April 8, 2022, at 12:00 Noon in the Village Hall. The public may attend in person or by Zoom but may not comment. A Public Hearing, date TBD, will follow the budget workshop.
The Village Board of Trustees met on Wednesday, March 16 at 6:50pm.
Trustee Scherer was absent.
Public Hearing:
The meeting began with a public hearing for Draft Local Law No. 2 of 2022, a local law to amend Village law related to sewer rents. There were no comments from the public. There was some confusion as to whether or not the hearing had been closed and the proposed local law voted on the previous month. The Mayor asserted that the trustees had voted to set the public hearing, but Trustee Kasker pointed out that the meeting minutes reflected that the hearing had been both opened and closed and this was how he remembered it. (TPFYI reporting also reflects the hearing having been both opened and closed). Mayor McFadden countered that this is not what happened and that the minutes could be changed to reflect that later in the meeting. The public hearing was then adjourned (for a second time)
Click hereto view a copy of Draft Local Law No. 2 of 2022
DPW Retirement:
The Board honored recently retired DPW employee John Heccheim for his 20 years of service.
There was a five minute pause before the regular meeting commenced. Following the Pledge, the Mayor called for a moment of silence for the people of Ukraine.
Mayor’s Comments:
Mayor McFadden thanked and congratulated John Ledwith for his efforts in identifying surplus DPW items and organizing their auction, which has raised roughly $8,000 for the Village.
As a result of the recent redistricting in New York State, Senator Skoufis and his Chiefs of Staff paid a visit to the Village last week in an effort to introduce themselves as State representatives. Most of the discussion focused on grant applications, and how their team might be able to help the Village. The Village has several pending grant applications which the Senator might be able to assist with. Additionally, moving forward he will be in a position to alert the Village to grants while his team can assist with any political maneuvering that might be needed. Also discussed was the idea of eliminating Day Light Saving Time, an effort which gained momentum just this past week when the Senate unanimously passed a bill in favor of elimination.
Reports:
Click here to view the Construction Report
Click here to view the DPW Report
Click here to view the Police Report
Mayor McFadden briefly reported on the collection of Escrow fees, with which the Village is in arears. Click here to view the report with names redacted.
Click here and here to view the treasury reports
Click here to view the water report
Committees and Liaisons:
On behalf of the Lakes Committee, Jim Hays commented that a year prior he had submitted a Draft Watershed Management Plan for the Village. Pointing to a specific page of that report (which can be viewed here) Mr. Hays noted that Tuxedo lake continues to experience anoxia on an annual basis (depletion of Oxygen in the water) and that the solution to this multiple source problem is to prevent phosphorus from entering the lake. To do this effectively, the land around the lakes must be vegetated and the storm water drainage system must be evaluated to determine where the pipes are and more specifically, which pipes are connected to which basins. If the Village has this information, and is able to effectively test the water in the various basins, they will be able to more acutely put their finger on the source of the phosphorus. “This is a long-term project,” he stated. “It took a long time for the lake to get this way . It will take a long time to make it a lot better. It has to be attacked from a lot of points of view.” He went on to say that last year, at the Mayor’s Request, engineers Westin and Sampson had submitted a proposal for the mapping that came in at roughly $28,000. The proposal was received in late April, which was too late for the budgeting process. Mr. Hays is hopeful that this will be included in the 2022/23 budget.
Mayor McFadden responded that he and the Trustees would be working on the budget over the next several weeks prior to presenting to the public on April 20. Although he indicated that he had a strong feeling that the mapping would be included, he recommended that Mr. Hays come to the meeting prepared to make his case. Mr. Hays indicated that he would do this and further suggested that in the meantime the Village might want to collect additional estimates.
Members of the Communication Committee spent some time over the past month taking readings throughout the Village from three different phones representing the carriers T-Mobil, Verizon and AT & T. The results can be viewed here. Additionally, a report from the consultant Walter Cooper can be viewed here. On behalf of the committee, John Ledwith reported that while there are a few dead zones (Mountain Farm Rd., Portions of West Lake Rd.) they had been able to make outgoing phone calls from a majority of the locations. Roughly 22% of the locations were low signal/low productivity. While driving around, they noted that the signals varied tremendously. Mayor McFadden added that the purpose of compiling the information was so that they could in turn provide to Walter Cooper who will then be able to recommend what type of equipment the Village should invest in to help mitigate the issue.
Turning to the Tuxedo Park Fire Department, Trustee Kasker began by thanking Mayor McFadden for the moment in silence for those who are dying in Ukraine. He further noted that as the come up Route 17, people will notice red, white and blue and well as yellow and blue lights in the sockets in front of the Fire Department building. This is the Departments’ testament to their solidarity with the Ukrainians. “If you watch the news, the bombs fall and then the fire department is out there putting out the fires. I think speaks a lot of the bravery of the people out there,” he stated. “A couple of days ago there was a story on the news about a military base that was bombed and a couple of years ago I was on that base watching American and Ukrainian soldiers train together because they knew this day was going to come. It’s a shame what is happening out there, but I am glad that the Fire Department was able to do something simple to show a symbol of the community’s appreciation.” Town Liaison Michele Lindsay reported that there had been a workshop meeting with Tuxedo Farms the previous Monday during which models of buildings for the commercial district were presented. On Thursday March 24 there will be another meeting from 5-8pm during which they will be discussing the tech memos, concept plan and some of the design guidelines for the project. On another note, on Monday, March 21 there will be a public presentation on the Community Choice Aggregation law that the Town has introduced ahead of the public hearing, which will take place at their regular bimonthly meeting on March 28.
The Mayor added that there would be a similar presentation in the Village during the month of April. Lastly, Mrs. Lindsay noted that on March 18 the Town would be putting out for bid a 2.2 million dollar refunding bond. This will fund the 2003 and 2014 bonds that were used to purchase the Police Department land and building, the Highway Department and Quarry Field. Wee Wah Park Committee – The Mayor provided the Board with a summary of everyone who has purchased a membership to the facility. This can be viewedhere. To date they have raised $15,560 in memberships. Mayor McFadden thanked all of those who had signed up to date, noting that the process was quite easy and could be done online. With regard to the insurance, he assured everyone that despite the rumors that had been flying around he had spoken extensively with the Village Insurance Company and had it in writing that no additional insurance coverage would be required, including if somebody were to pass away while swimming. “It’s time for that rumor to die down,” he stated There are some circumstances under which they may be required to obtain additional insurance and they will certainly comply with whatever is required. At the moment the Village is in the process of interviewing insurance carriers. Annual Budget Process – Deputy Mayor Shaw reported that they had been making progress and were hopeful to have a draft ready to present by Friday. Mayor McFadden thanked both the Chief and DPW Superintendent for submitting their budgets in a timely manner.
Public Comments:
Chiu Yin Hempel commented that she had first heard of the concerns regarding the health of Village lakes and the quality of the drinking water back in 2009 when the Board of Trustees had commissioned Princeton Hydro for a study of the emerging problem. 13 years and five administrations have passed. She understands that the Village is working to tackle the Milfoil issue, but doing so alone is really just dealing with the symptoms and not the cause of the problems. Mr. Hays had mentioned earlier that both Milfoil and Blue/Green algae grow in the water because of excessive p phosphorus flowing into the lakes from the hills surrounding the lakes and from the properties abutting the lakes. The nutrients come from the storm water drains and as surface storm water runoff because so many properties around the lake have cut their trees and put in lawns. In a presentation she made to the Board last year, Mrs. Hempel noted that lawns, with their shallow roots, are really no better than slides facilitating surface storm water runoff.
Mayor McFadden responded that one of the problems was the fertilizers used by landscapers. The Village passed a local law years ago forbidding use of these products. When these products are used anywhere in the Village that water goes into the system and drains down, he commented, further noting that it was not just lake front people who were to blame but everyone in the Village who uses these types of fertilizers. “I can talk to the chief and ask him if we want to do something a little more stern this year,” he added. He explained that every year for the last five years the Police Department had distributed a pamphlet to the landscapers letting them know that certain fertilizers were forbidden. “We will continue to do that, but maybe it’s time to start writing court appearance tickets if these landscapers are bringing in that product. I hate to do that, but it doesn’t seem to be working otherwise.”
Jake Matthews wondered whether the Village would be willing to support a neighborhood cleanup initiative on Earth Day (April 22) whereby residents would volunteer their time to pick up litter in their various neighborhoods. Perhaps the Village could supply garbage bags and pickup tools. Noting that the Village does not have a serious litter problem, Mr. Matthews stated that before the snowfall he had collected roughly 20 gallons of trash while walking up and down his road one afternoon. “It’s not to propose to go on people’s private property, but maybe just to walk the roads and collect things that have fallen off of various trucks over the year…off the garbage trucks or out the back of pick-up trucks or…unfortunately from time-to-time people feel it’s a good idea to throw things out their windows.” He added that he would be happy to help coordinate the event, suggesting that they could pick up supplies at the Village Office beforehand, divide volunteers into various groups and distribute whatever is needed accordingly.
The Mayor responded that he would be happy to post something on the website in order to help advertise and encourage volunteers.
Speaking of Earth Day, Village Clerk Elizabeth Doherty wondered whether the Village would be interested in repeating the shredding event they conducted in 2021. Most of the Board was supportive of the idea, although it was agreed they would make a decision at their next meeting.
Resolve that the Mayor may negotiate with Town Recreation Coordinator Claire Dougher regarding a lease agreement for the summer camp use of Wee Wah Park:
Mayor McFadden introduced Town Recreation Coordinator Claire Dougher, who has requested use of the Wee Wah Park for the Town Summer Camp program this season. Ms. Dougher gave a brief presentation outlining the history of the relationship between the camp and the Wee Wah Beach Club as well as some general information about the camp program. The last time the camp utilized the property was in 2016, when they paid the Beach Club approximately $5,000 for 20 days of both morning and afternoon usage. The summer 2021 packet, detailing the program and including the camp’s indemnification clause, was circulated to the Board members. She is proposing that the camp make use of the beach in the afternoons Monday through Thursday between the hours of 1-3:15pm for about 5 weeks during the months of July and August. The camp will come with their own life guard. They are also hoping to be able to offer some sort of swim instruction, but these details have not yet been finalized. Campers range in age from 4 to 13. Following some discussion, the Board voted in favor of authorizing the Mayor McFadden to negotiate with Ms. Dougher. As advertising for camp will begin prior to the next meeting, the negotiated agreement will be shared with the Board members via email and, barring any major objections, be signed by the Mayor within the next few weeks.
Consent Agenda:
The Board voted unanimously in favor of approving the consent agenda.
Old Business: Resolution authorizing the Mayor to sign the Westin & Sampson proposal for SSES, Phase 3, Sub-Basins 2 &10, Year 2 Construction Amendment No. 1 – Pond 3 Sewer Rehabilitation - This is a plan to repair and replace sections of sewer line where the Village feels that there is possibly water getting into the line and sewage leaking out of the line. It will be funded by money left over from another project and does not constitute new spending. The Board voted unanimously in favor. Resolve to authorize the Mayor to Renew the Vision and Dental Plan – The rates are the same as last year. The Board voted unanimously in favor.
New Business: Resolution authorizing the Village to participate in the Low-Income Household Water Assistance Program (LHWAP) helps low-income households pay the cost of water and sewer services and for the Mayor to sign vendor agreement – This program can assist households that meet certain criteria and who have past due bills for water and or sewer services. The Board voted unanimously in favor.
Village Board of Trustees Meeting February 16, 2022
The Village Board of Trustees mt on Wednesday, February 16 at 6:50pm. Trustees Brooke and Scherer were absent.
Public Hearing – Local Law #2 of 2022, a local law to further define Village of Tuxedo Park NY Code – Chapter 78: Sewers and Sewage Disposal and 78-24: Sewer Rents or Charges:
The hearing was opened. There were no comments. Mayor McFadden noted that he had received written comment from Jay Reichgott which was supportive.
Trustee Kasker noted that for those residents who are hooked into the sewer system but not the water, the proposed legislation was not clear as to how they would be charged.
The Mayor agreed and noted that this was something that would need to be discussed and approved by the Board moving forward, along with all the other methods of how they would be charging.
As there were no further comments, the Public Hearing was closed.
Mayor’s Comments:
Noting that most residents had likely received the emergency alert sent via email earlier that day, Mayor McFadden stated that the Main Gate is functioning identically to the South Gate, meaning that it closes in between each vehicle. He cautioned that residents should drive accordingly. Those who attempt to scoot through after the car in front of them will find that the gate arm will likely come down on the hood of their vehicle. He added that they would be installing signage to ensure that people were aware that the gate would be closing after each vehicle. The South Gate is already operating on the new license plate reader, opening automatically for those vehicles that have been registered with the Village. The system is expected to be fully up and running at the Front Gate within the next day or two.
Reports and Minutes:
Click here to view the Police Report
Click here to view the DPW Report
Mayor McFadden commented that given that the Village now has a very active climate committee, he would like to look into alternatives to salt…or alternatives to supplement salt for the roadways for next season in an attempt to mitigate the impacts on the environment and the lakes. He suggested that the Climate Committee would likely be willing to investigate this.
Click here to view the Building, Construction & Special Projects Report
Click here to view the Court Report
Click here to view the Treasury Report
Public Comments:
An unidentified resident complimented DPW Superintendent Jeff Voss and his crew, commenting that it had been “a hell of a winter” and they have been doing a great job.
Consent Agenda:
There was a brief discussion regarding monies saved by the Police Department from purchasing hybrid vehicles. The Board then voted unanimously in favor of approving the consent agenda.
Old Business: Approve Local Law No. 2 of 2022 a local law to further define Village of Tuxedo Park NY Code – Chapter 78: Sewers and Sewage Disposal and 78-24: Sewer Rents or Charges- Trustee Kasker commented that there were not a lot of specifics in the draft law and that It was his understanding that there was still a lot of work for the Board to do in terms of determining the rates and how much profit they expected to make. Board Attorney Brian Nugent agreed with this, further noting that the current rates would remain unchanged until the Board got around to adjusting them. Approving the law as written will allow them to continue with this work. The Board then voted unanimously in favor of approving the law. Discuss Offer to Town to Relocate Village DPW on their Property:
Although it is in the preliminary stages of discussion, the Village has proposed a relocation site for both the DPW and the Village Headquarters. The property in question is owned by the Town and is located adjacent to the Village Sewer Plant.
Trustee Kasker wondered whether it might make sense to develop a sketch/concept drawing so that people might be able to get a better idea of what was being proposed and comment on it.
The Mayor responded that he thought this was a good idea, further commenting “I would like to see a North Gate, but as we have mentioned this is in the very early stages and we have not sought buy-in from the community.” He further noted that there had been a study to determine whether there would be enough room there, but this does not mean that they need to move forward with it. He is also investigating other potential locations for the Village Office. “But you can take them separately, and I think we should. We should develop a plan to present detailing the pros and cons of a North Gate and how it would function…because I think the date for this would be at least a year or two away, which gives us time. We should certainly prepare some sort of documentation on it and maybe do a traffic study,” he suggested.
Trustee Kasker agreed, commenting that people would likely want to be able to get a better understanding of what was being proposed, particularly those folks who live on the Wee Wah Lake. The Mayor agreed adding “There is also the issue of convenience for others…particularly those who are traveling north.” He suggested that different people from different neighborhoods should discuss it and he was certain there would be both pros and cons that emerged from those conversations. Trustee Kasker added that the Town’s perspective also needed to be considered and added that there was a development of seven houses currently being built on Warwick Brook Road that might be also be Impacted.
Following some further discussion with their attorney regarding the possible acquisition and subsequent annexationof the property and the associated process, the conversation was tabled.
New Business: Discuss Renewal of MWG VSP Vision Plan (rates are the same as last year) - The Village is looking into two other entities so they can obtain some “apples to apples” quotes for this coverage. Discuss Town Climate Committee Request – The Village has received a request from the Town Climate Committee to install blue recycling bins at the Wee Wah and in Village Government buildings. The Mayor commented that from looking at the request on paper, it seemed as though the answer should be “an obvious yes.” However, he recalled that in the past when the Village had installed recycling receptacles in similar locations that they had not been utilized properly and there had been issues with weekend residents dumping their trash in those spots. Noting that he was all for it, the Mayor suggested that he would like to have some further discussion with the committee with regard to the details (would the containers be bear proof? locked?). It was agreed that they would seek further information and also get a recommendation from the Village Climate Committee before proceeding. Discuss Signs at The South Gate – Commenting that he promised to address it with the full Board at the next Trustees meeting, Mayor McFadden noted that resident Barry Hawke was against the Private Area/No Trespassing signage at the South Gate and that further he found it offensive. “As Mayor, I don’t have a problem with them,” he stated. “There have been similar signs throughout the last 50-70 years…always at that location.” He went on to explain that in recent years there had been a notable increase in trespassing via the South Gate and that although he had no hard evidence, he believed the signs had been helpful in deterring this.
Chief Conklin commented that he felt the signs should absolutely remain. He feels it is important that there be signage letting people know that non-residents are not wanted. “We had a big problem with non-residents coming in that way to walk and ride their bikes,” he added “and we get phone calls like crazy and we go out there and issue appearance tickets. They have to be told that they are not welcome here before they come in and the way to do that is through signs.”
The issue of liability was briefly addressed and Board Attorney Brian Nugent suggested that the conversation should be continued in an attorney/client session.
Trustee Kasker commented that he understood where Mr. Hawke was coming from, further stating that the signage reminded him of approaching a Military Base and that he would prefer to see something that did not remind him of his army days. He agreed that the wording needed to be appropriate and noted that he had some questions about that, which he would reserve for the session with their attorney.
Mayor McFadden agreed, stating that he was not opposed to changing the wording on the signage.
Audrey Perry, who lives near the South Gate, commented that before the signage they had noticed that a ton of people came through walking and on bikes…and that when the Garden Club was in the area there would be cars parked everywhere. Additionally, non-residents arrive at the South Gate, push the button for entry and then question why they are not permitted through the gate. She feels the Private Property signs have made a big difference and that they are safer as a result.
Trustee Kasker noted that the Police had been giving consistent warnings to trespassers over the past two years and that this had likely had an impact on the decrease as well.
Following the audit of claims, Village Clerk Elizabeth Doherty announced that the Tuxedo Bag Project, created by two 6th Graders who live in the Village and attend TPS had been successful in their goal to collect 1000 reusable grocery bags for the Sloatsburg Food Pantry. The largest donor was the Village of Tuxedo Park. The Village is proud of these students and in an effort to keep the initiative going will maintain a donation box at the Village all where residents can bring any re-usable grocery bags moving forward.
The Board then adjourned into an executive session to discuss Collective Bargaining Agreement, a water bill of a particular resident, and a particular Village Employee.
Village Board of Trustees Meeting January 26, 2022
The Village Board of Trustees met on Wednesday, January 26 at 7pm. All members were present.
Public Hearing – Draft Local Law No. 1 of 2022 – A Local Law to Amend Village Law Related to Site plan Approval:
Mayor McFadden began by stating that the proposed law had been vetted by the Village Attorney as well as members of BAR, BZA and Planning Board.
There were no public comments, so the hearing was closed.
The Board then voted unanimously in favor of adopting the law.
There was a 5-minute pause between the conclusion of the Public Hearing and the beginning of the regular, monthly meeting.
Approve the Hiring of Part-Time Officer Emma Sullivan: The Board unanimously approved the hiring of part-time Police Officer Emma Sullivan, after which she was ceremoniously sworn in.
Mayor’s Comments:
Mayor McFadden reported that the Village was in receipt of two shipments from the county containing Covid rapid test kits and N95 masks. The first shipment allowed the Village to distribute one test kit and 2 masks per Village household and this was announced via an email announcement as well as on the Village website over the past weekend. The second shipment will allow them to distribute a second test kit as well as an additional 2 masks to each household. These supplies are for Village residents only and can be picked up at the Front Gate. There are also some available at the Village Office.
Reports:
Click here to view the Police Report
To date only 50% of residents have registered their vehicles for the automatic gate opening system. The Chief urged people to register, noting that the vehicle tags will be phased out soon and all those cars who have not registered will be stopped at the gate.
Click here to view the DPW Report
Click here to view the Building, Construction and Special Projects Report
Click here to view the Legal Report Engineering Sewer Trunk Investigation Report – This report was put together by Engineers Westin & Sampson. Some leakage issues in the pipe system were discovered and these will be addressed. Click here to view the Report Board of Trustees Budget Scheduling Dates – Click here to view Board of Trustees 2022-2023 Tentative Assessment Roll Notice – Click here to view the notice. The Board of Trustees also serves as the Board of Assessors. The tentative assessment roll must be published by Tuesday, February 1. The Board voted unanimously in favor of scheduling a Board of Assessors meeting for Monday, January 31 at 10am for the purpose of reviewing and approving the tentative roll and also of setting the grievance hearing for Tuesday, February 15 from 4-8pm. Police Reform Committee – In an effort to continually improve the Police Department, Mayor McFadden presented a 2007 Police Dep. BTS Forensic Report to the Chief as well as the reform committee, pointing out certain pages where action items were suggested. The Chief subsequently responded with written recommendations. Click here to view the 2007 Police Dep. BTS Forensic Report and here to view the Chief Conklin’s response and recommendations.
The Police Reform Committee will be meeting to review and discuss.
Click here to view the Tuxedo Park Police Department Annual Report Projects – AutoGate Report – Click here to view Projects – Relocation of DPW and Village Office – Mayor McFadden reached out to Town Supervisor Ken English with regard to the proposed relocation. Supervisor English responded via email that had received the information and would discuss it with the Town Board. The Supervisor’s email to the Mayor can be found posted on the Village website. Additional reports posted to the Village website this month include: Court reports, Water Synopsis report, DEC Inspection reports and Treasury reports. Click here to visit the Village website and view.
Representing the Climate Smart Task Force Hays stated that the month prior he had painted a somewhat dark picture when presenting to the Board about Climate Change, however there are some silver linings. The committee is actively exploring the idea of harnessing solar power, which will save the Village money and make things more efficient within the community. The committee is working on putting together an inventory of the community. They have collected information from the Village office, the Police Department and the Tuxedo Club and earlier that morning they met with representatives from TPS and discovered that the school is also eager to work with them. They also have yet to collect some pertinent data from SOS. Once they have amassed all of the necessary data, the committee can begin to work with the Board as well as the various other entities to put together a community action plan. There is funding from the State available for some of these actions depending on which direction they choose to take.
Public Comments:
Audrey Perry commented that several years ago the Orange County Planning Board had done quite a bit of investigative work pertaining to solar energy and solar farms. She wondered whether or not anyone from the Task Force had consulted with them.
Mr. Hays responded that although they were in touch with individuals from the County, they had not spoken to anyone from the County Planning Board. He thanked Mrs. Perry for the recommendation. “I think that as a Village, if we are going to be looking at building solar farms, we should really know everything about what a solar farm would entail,” she stated. Mr. Hays agreed, furthering commenting that he and Trustee Scherer had met with a representative of Hudson Valley Energy, an organization that helped communities with this kind of work. “We are really at the beginning phase of this,” he stated. Trustee Scherer agreed commenting “We need to take a very methodical and holistic approach to this. There are clear benefits but there are always costs associated with these projects. We plan to have a holistic look at the entire Village to figure out whether solar makes sense. We have two dams by the way. Can we use them to generate energy? There are a lot of things we can look at. This is going to be a very thoughtful and methodical review of the best alternatives, taking into account competing interests including costs and environment.” The Mayor pointed out that they were also working with the Town Task Force on some of these initiatives.
Changing topics, Mrs. Perry wanted to know whether anyone from the Board had been appointed to attend the Towns’ Tuxedo Farms workshops and report back. She has concerns with the proposed ‘affordable housing’ and the impact these apartments might have on the building of stand-alone homes in the development.
The Mayor responded that at the last meeting, the developer had publicly introduced the builder they have chosen for the project. He has also been in touch with Supervisor English. Town Councilman Jay Reichgott was in the audience and the Mayor asked him whether he would like to comment.
Mr. Reichgott responded that the next presentation from the developer and their builder was scheduled for the following night and would be accessible to the public via WebEx. They are hoping to get a look at what the most recent plans are for the mix of units at this meeting. He further noted that the best way for people to keep tabs on the project was to visit the Town website, where there is a dedicated tab for the project and all of the meetings are posted there.
Mrs. Perry reiterated that her question pertained to whether or not the BOT had assigned a representative to attend the meetings and report back.
“Well, I am relying on their minutes,” responded the Mayor further indicating that he had posted several updates to the Village Website pertaining to the project and would be happy to send Mrs. Perry links to those posts.
JoAnn Hanson commented that she felt there would be virtue in having a member of the Village BOT assigned to follow and track what is going on with the Related development. “That’s obviously key to the future of the whole Village and Town,” she added.
Mayor McFadden responded that Trustee Brooke was the BOT Liaison assigned to Tuxedo Farms.
Trustee Brooke reported that he had attended the online sessions and that there was nothing actionable happening at this point in time. He has had several communications with Related and finds them to be quite incommunicative about some of the associated project details. It appears as though they are trying to increase the density while creating adequate open space, but he has not seen plans. He has been speaking to them on average every 2-3 weeks. The critical issue from his perspective is understanding what Related needs from the Village, what the Village needs from Related and clearly defining what issues need to be addressed from a Village perspective.
JoAnn Hanson added that Lennar is the largest homebuilder in the country and they are very well respected having done master plan communities of this type and scope and she feels bringing them on board was a positive step forward for the both the Village and the Town.
Trustee Scherer agreed.
Consent Agenda:
The Board voted unanimously in favor of approving the consent agenda.
Old Business: Discuss Establishing a Sewer Fund to Begin on June 1, 2002 – In order to proceed with this idea, the BOT will need to amend the Village Code. It was agreed that a local law should be drafted and presented for Public Hearing and further discussion by the Board at their February meeting.
New Business: Discuss Light Path Proposal and Crown Castle Proposals for Certain Village Buildings – These relate to internet and cell service. At the previous meeting of the Board, the Trustees authorized the Mayor to sign an agreement with a consultant based on certain conditions, which were met. They have had one meeting since that time and these are the two companies they believe to be best thus far. It appears as though it will cost several thousand dollars a month to bring internet to the South Gate and the Police building. The Village will continue to work with the consultant and hopefully have some better news to report in the future. Discuss Award of Landscape Architect for WWP Design Phase – The Wee Wah Park Committee is in receipt of two proposals from Landscape Architects and believe that the one they have from Tree Stone is the best. Therefore, they are recommending that the Board authorize the Mayor to negotiate a fee arrangement acceptable to the Board to produce design renderings suitable for fundraising. There were no objections to this plan and the Board voted unanimously in favor of moving ahead with it as described. This will be discussed further at February meeting. Discuss Workflow and procedures for BAR, PB & BZA Minutes and Professional Consultants Services on Applications and Escrow – This pertains to recent discussions concerning the use of hiring consultants to review applicants work for the various Boards. There is currently a moratorium on the use of professional consultants. In gathering information, they discovered that the Village has been paying invoices to the professional consultants for work rendered on applicant’ projects without billing or collecting from the applicants. This needs to be offset with escrow monies and it puts the Village into a bit of a sticky situation.
Moving forward, the Village will need to provide some sort of formal guidance to the Boards as to the use of professional consultants.
Timely posting of meeting minutes was also discussed. Legally, meeting minutes must be made available to the Public via the Village Website within two weeks of a meeting. Minutes cannot be withheld based on the fact that they have not yet been approved. Board attorney Brian Nugent advised that if a Board has not reconvened within two weeks, draft minutes can be posted. “I want to put it on record,” stated Mayor McFadden, “that it is in the Boards’ interest to improve the approval process for residents and make it welcoming and easy, while staying within the strict guidelines that we have…because we are a historic district.” Resolve to Allow Conditional Ice Skating on the Wee Wah Lake – The idea of allowing all Village Taxpayers to access the Wee Wah lake via the Wee Wah Park property for ice skating was discussed. Skating would need to be authorized by both the DPW Superintendent and the Chief of Police (for safety reasons). Discussion centered around safety and the proximity of skating to ice fishing, which is also permitted on Wee Wah Lake. The idea of allowing skating on Tuxedo Lake, to launch from the Tuxedo Club Boathouse, was also briefly discussed, but DPW Superintendent Jeff Voss advised that it would take a long time for the ice to become thick enough there to safely support skating. Ultimately it was agreed that skating on the Wee Wah would be allowed and that a safety pole equipped with a throw-rope and ladder would be kept close by in case of emergency.
The Board then adjourned into an executive session for the purpose of discussing Village employees, a Collective Bargaining Agreement, a legal matter and Contractor Agreements.
Village Board of Trustees Meeting December 15, 2021
Trustees met on December 15, 2021 at 6:30pm.
Public Hearing – Draft Local Law #3 of 2021 – A Local Law to Amend Village Law Related to Site Plan Approval:
Because the draft law has changed within the last seven days, it must be re-noticed before the hearing can take place. Therefore, Mayor McFadden suggested they continue the hearing until the January 19 Board of Trustees meeting and the Board voted unanimously in favor of doing so.
Public Hearing – Draft Local Law #4 of 2021 – A Local Law to Amend Local Law to Revise Dock and Boat Sizes on All Village Lakes:
This law has yet to be drafted. Mayor McFadden suggested that they close the public hearing and cancel any further hearings until the law existed in draft form. The Board voted unanimously in favor of doing so.
Public Hearing – Draft Local Law #5 of 2021 – A Local Law to Amend Village Law Related to Accessing to The Village:
There were no comments from the public and Mayor McFadden stated that it was going to be his recommendation that the Board vote on the law during their regular meeting. With that in mind, the Board voted unanimously in favor of closing the public hearing.
The regular meeting was called to order at 7pm.
Mayors Comments:
Mayor McFadden began by wishing everyone happy holidays. He expressed his gratitude to Justin DeCristofaro of Haugland Energy for his assistance with the installation of holidays lights as well as both John Ledwith and Jeff Voss/the DPW team for time and effort pulling it all together.
Reports:
Click here to view the DPW Report
Click here to view the Building Department Report
Click here to view the Police Report
Click here and here to view reports detailing the proposed new traffic pattern for the intersection of Route 17 and East Village Road. This will involve the removal of the blinking red light on Rt.17 near the entrance of the Village and the installation of a new traffic light just to the north which will align with East Village Road. Reconfiguration and re- alignment of the entrance to Tuxedo Road may be required and having traffic flow in a one-way pattern has been proposed. As Route 17 is a State owned road, the Village and the Town have little to do with the changes that may occur there however, they can object to them if they see fit. Chief Conklin advised the Board that he believed the proposed pattern would be safer for motorists. Trustee Brooke commented that he did not see the point in fixing things that were not broken and that he personally did not see the purpose in another stoplight along Route 17.
Trustee Shaw suggested that the additional light would create traffic issues, noting that there were a lot of cars that traveled through there and it would have to be timed appropriately with the light by the Post Office.
Trustee Sherer commented that he did not believe he had enough information to voice an opinion. Based on the Chiefs comments the proposed new pattern could improve safety however he felt that Trustee Shaw made a strong point about traffic.
Trustee Kasker suggested that they ask the State DOT for further detail regarding the rationale behind their proposal.
On another note, the Chief noted that the Department had been experiencing internet connectivity issues between the front and back Gates. Although the connection in the Main Gate remains viable, they have been losing connectivity with the South Gate on a regular basis and whenever this happens, they have to station and officer there to oversee the traffic. He suggested that Village should explore a secondary, back-up system. The Mayor suggested that while Optimum is the only internet option in Town and the Village has had issues with getting them to come and examine the aging infrastructure, the communications committee has done a good job in identifying a possible new vendor. He further noted that later in the evening an independent consultant would be providing them with a brief presentation that would likely be relevant to this situation.
Click here to view the Engineering Project Report
Click here to view Engineer Westin and Sampsons’ conceptual plan for the relocation of the DPW, Village Office, Court and Village Hall.
Click here to view the litigation report Liaison Reports – Trustee Kasker reported that he had attended a Fire Commissioners’ meeting the week prior where they had spoken about fire hydrants. Using a list of flow measurements (detailing both pressure and gallons per minute) for 2019 as compared to 2014 he and his daughter will be entering those hydrants that flow over 500 gallons per minute into an App that is utilized by the department to help determine which hydrants they should use.
Committee Reports – On Behalf of the Climate Smart Committee Jim Hays provided the Board with some general information about global warming and climate change, suggesting that there are many unknowns when it comes to the future but that the direction in which things are heading suggests that there will be great hardships to people living on this planet if greenhouse gas emissions cannot be drastically lowered by mid-century. In order for this to happen, everyone will have to get involved in the effort. “It’s not anymore as it used to be, just buying a car that gets better milage or insulating your house. It has to be a more transformative change. We have to replace fossil fuels with electricity which is generated by solar energy either through solar panels, windmills or hydroelectric facilities,” he stated. “The Mayor has recommended that maybe we should build a solar farm of panels somewhere in the Park and use that to electricity the Village. That’s a possibility. He’s asked Trustee Scherer to chair a committee to investigate this and he is working with the Climate Smart Committee on that.” He further indicated that there were other potential ways to electrify the Village with solar energy aside from building a solar farm and that they would investigate these and follow up by providing the Board with recommendations. The Committee, which is relatively small, has been working on a greenhouse gas inventory for the year 2018. With the help of John Ledwith, Jeff Voss and Chief Conklin they have been able to collect enough data to measure and estimate the Greenhouse gas emissions by Government operations and now they will move on to the residences, the school and the Club. Hopefully the inventory will be completed in the early part of 2022 and the committee will be able to come back to the Board with a report detailing where the greenhouse gasses in the Village are coming from, what can be done about it and how they can be reduced. “We do need more people,” he noted “so I hope anybody who is listening and wants to get involved will get in touch with me.” There is a Facebook page and information has also been posted to the Village website and through these two things they are hopeful that more people will join the cause.
Reporting on behalf of the Communications Committee , Maureen Coen indicated that the committee was recommending that the Village hire an independent expert to advise them as to the most effective and efficient way to improve communication networks, principally cellphone service and internet connectivity. They believe this area requires particular expertise and knowledge and the Village cannot simply rely on vendors to make proposals. They are recommending Walter Cooper, who has been involved in the business for over 35 years and has quite an impressive resume. (Walters’ resume can be found on the Village website for anyone who is interested.). His fee is $130 per hour plus expenses and based on similar situations he estimates the fees will total between $8,000 and 12,000 in total. Mr. Cooper was present on Zoom and proceeded to provide the Board with a brief overview of the services he could provide if hired, including full investigation of a number of possible solutions and opportunities and how to effectively balance these for the best possible results.
The Mayor wondered if it might be a good idea to send Mr. Cooper a scope of work prior to hiring him. He further suggested that acceptance of this scope should be a condition to the Boards’ approval of the hire.
Mr. Cooper agreed that this would be a good idea.
Trustee Brooke suggested that in addition to a scope of work, the Village needed to determine the definition of the problem they were trying to solve. There are potential security and hardwiring issues as outlined by the Chief earlier as well as quality of communication problems. Having a comprehensive framework will allow them to better evaluate the suggestions that are brought forth either from Mr. Cooper or any of the potential vendors.
Trustee Scherer agreed reiterating that it was important to clearly identify the issues, whether they be public safety, quality of cell service or whatever. Following some further discussion with regard to fiber optics, the Board thanked Mr. Cooper for his time and he dropped off the call. The Mayor then indicated that the Board would entertain a resolution to hire him further on in the agenda.
On behalf of the Welcome Committee Bryna Pomp reported that she and committee co-chair Pam Breeman had composed a letter that would be going to the first resident to whom they had been introduced through a broker along with a beautiful plant arrangement. They will continue to welcome everyone they are introduced to in this maner and are asking that brokers and/or the Village Office to please keep them in the loop when somebody closes on a house so that they can formally welcome them in this way.
Click here to view the full Welcome Committee Report.
Public Comments:
Jay Reichgott commented that he had reviewed the preliminary plans for the relocation of the DPW/Village office and had a couple of thoughts to offer. First, document discusses possibly having to move further north in order to get enough land for the proposed relocation, but most of the land to the north of the current boundary is 100-year flood plain, so there are some complications there. Secondly, this area is a well-known and well used public park. “We all know that there is some perhaps friction between the Town and the Village that we will have to work through. Let me say that I will be happy to help liaison that but also when we are looking at landscaping and all of that…it’s the back side of the DPW, but it’s the front side of the park.”
Mayor McFadden responded that it was his understanding that the current configuration did not infringe on the parking lot or the baseball field, but he had been unaware of the flood plain and he would bring this to the attention of the engineers. He further stated that he would love to work with Mr. Reichgott on this as a liaison to the Town. “It’s a very exciting opportunity,” he stated. “Just to give everyone an idea of the timeframe…this would be a 2023/24 kind of thing I would think. We would first have to declare that the DPW and Village Office land could be sold or modified. Then it would be the costing of the building and whether it is even possible to do, we don’t know. I am very excited about it, but it’s a long way away.”
Mr. Reichgott noted that one thing that was missing from the park was functioning restrooms and that perhaps there would be a way to work those into the plan.
Consent Agenda:
Trustee Kasker asked that the following items be removed from the consent agenda:
Approve the Contractor Vehicle Registration at $29.95 for multiple vehicles with commercial plates. Contractor vehicles without commercial plates are $29.95 each additional vehicle
Approve the 2021 WWBC membership and guest pass fees for 2022 season and approve accepting donations for the park renovation.
They were removed and added to the regular agenda under the heading old business.
The other items on the consent agenda were then unanimously approved.
New Business: Approve two months of services from QuickBooks to a. transfer voucher system from Excel to QuickBooks, b. transfer village budget from Excel to QuickBooks, and c., Organize Chart of Accounts – Following some discussion the Board voted unanimously in favor of approving the service. Discuss hiring communication consultant Walter Cooper- The Board voted unanimously in favor of hiring Walter Cooper to work directly with the Communications Committee pending the review of his references, approval of the Village scope of work and other items based on the strategy that the Village has in mind for their communications system at an amount not to exceed $12,000. Additionally, Trustee Kasker was replaced by Trustee Shaw as liaison. Resolution imposing a proof of vaccination requirement in municipal facilities – Followingsome discussion, the Board voted in favor of adopting this resolution which follows the Governors’ recent Executive Order. In lieu of requiring proof of vaccination, they have chosen to require that all individuals over the age of two wear face masks when in municipal buildings. Trustee Shaw abstained. Resolution approving the purchase of pressure relief valve – The Board voted unanimously in favor of authorizing the DPW purchase of a pressure relief valve at a cost of $3,498.00.
Old Business: Approve the Contractor Vehicle Registration at $29.95 for multiple vehicles with commercial plates. Contractor vehicles without commercial plates are $29.95 each additional vehicle -
Chris Kasker asked for clarification as to the definition of a contractor vehicle.
Mayor McFadden explained that these were vehicles belonging to landscapers and independent contractors hired by residents. Vendors such as Amazon, UPS, SOS, School Busses etc. will not be charged. Trustee Kasker stated that he understood that it was a nominal fee but the Village has never charged for entry before and he was not in favor of it. The Board then voted 3-1 in favor of approving the fees. Trustee Brooke suggested they re-evaluate the fees in a few months and revise things if necessary. It was agreed that they would do this. Approve the 2021 WWBC membership and guest pass fees for 2022 season and approve accepting donations for the park renovation – Trustee Brooke noted that he had on several occasions requested a budget for the Beach Club but had not received one to date. “It seems to me that having a sense of a budget would be important to look at fees, because we are also going to be making a significant contribution to improve the facility at some point…and I just don’t have a sense of the numbers.”
The Mayor responded that the WWB Committee had not presented a budget as part of the resolution that was accepted by majority vote at the November meeting.
“We accepted a resolution to hire NY Pools,” interjected Trustee Kasker. “We didn’t accept their memo.”
The Mayor agreed that it could be interpreted this way. He went on to say that memberships in the year prior had brought in $30,000. The Village knows that they need to match this number in order to cover the cost of the new pool manager. The committee debated whether or not they should increase the rates at a cost of inflation. These rates were proposed in the Committee memo. During the November meeting, the concern that members would be paying more money for fewer services was repeatedly raised and as a result the Mayor went back to the committee and proposed that they revert to the same fees that were charged in the summer of 2021. They were trying to “diffuse the shock of the change” while maintaining the membership and level of service. “I don’t particularly feel the need for a budget but I certainly feel that we need to be addressing this along the way over the next couple of months because if we don’t receive membership fees or if the Hamlet people don’t want to come in, there could be an issue there. It’s pretty straight forward,” stated the Mayor.
Trustee Brooke indicated that not having seen the WWBC budget, he did not know how much they had spent on lifeguards but he intuitively assumed that adding a new service would increase costs and that these will be existing costs. “I also believe in principal that the Village has a resource here that they should make a contribution to that is significant to fix up the Wee Wah. Given the fact that you are making a larger contribution and it’s from tax revenues, my belief is that the size of the Beach Club should be increased to potentially include every member of the Village. We improve it. We use it more. It will be a more robust community resource. I can accept that 2022 is a transition year. The question is going to come up as to what kind of a contribution we as a Village want to make to the Wee Wah Club and I have no way of trying to dimensionalize that number.”
The Mayor responded that he agreed that in the upcoming budget year they should consider making a contribution of taxpayer money that would allow all Village residents to go for free. In terms of renovations, the committee has received proposals from several landscapers to do a low impact redesign of the park and that is a separate issue that will require donations and fundraising. None of this in the budget for this first year and therefore, they must charge the people the membership fee.
Trustee Brooke indicated that he understood this and that this next year would be a transition. “I think that in principal because it is a community resource and the community includes Village residents and Town residents who have been around that, it is of value of us to improve that facility. If the interim solution is to keep the dues the same and move forward, I am fine with it. I am merely saying that I want to address what the issue is in the spring for the summer of 2023.”
The Mayor agreed.
Jay Reichgott commented that he felt it was important to keep in mind that there are two entities here that were getting conflated a lot. There is the Village of Tuxedo Park Facility, which is open to all Village residents to use with certain restrictions and then there is the swim club, which is the organization that possesses the license to run a swimming beach during swimming seasons. Those are separate things. Improving the Park is a Village responsibility, just like improving the Racetrack or any other Village facility. That needs to be separated from swim operations.”
“Right, and it is,” replied the Mayor. “Because you have your membership fees for running the swim club and then we are also accepting donations for the improvement of the park. That could be anywhere from a new bathroom to a community center or a community gathering spot. The third is the Village Board during the budgeting process allocating resources to the park for other smaller issues. They are separate and they are organic. We might calculate that we need to put in $15,000 in order for Village residents to go free and that is going to be separate from raising money to award to a landscape designer if we decide to do that.”
Mr. Reichgott countered that the Village could decide that they were going to invest Village funds into the beautification of the property.
“Let’s say we raised $500,000 and the price that we agreed on for the renovations was $750,000,” suggested the Mayor. “We could do a bond or a low interest loan for that, yes.”
Moving on, Trustee Kasker asked for clarification as to what services people would receive with their membership. “Is it just swimming?” he asked “I can go use the park whenever I want if I am not a member…I just can’t go swimming?”
“All of that is posted,” replied Mayor McFadden “I would be happy to go over it with you”
“Did the Board approve that?” he asked. “Maybe just some housekeeping…”
Trustee Brooke suggested that enforcement at the facility would be done by the Wee Wah Beach Club people who manage the it during Beach Club hours.
It was pointed out to him by Trustee Kasker and Mr. Reichgott that this type of enforcement was gone now.
“It is not gone,” retorted the Mayor.
“As I understand the current arrangement, the Wee Wah Beach Club…that entity….they are not part of the management program for this year.”
“Correct,” affirmed Mayor McFadden.
“The Board of Trustees has not approved eligibility to be a member and has not discussed the services provided at the beach and that is all I am saying,” stated Trustee Kasker.
“Here is how it is currently broken down and being sold,” stated the Mayor. “The types of memberships that were offered last year and the guest passes are the same. The hours are the same. Only between those hours, which is called the swimming membership, are there lifeguards and only then can members swim. We made an arrangement with the DPW to do all of the maintenance…cleaning of the equipment, cleaning and restocking the bathroom, emptying garbage and things that were a concern to the Wee Wah Beach Club Executive Committee. We are working with the NY Pool management company as to how to check people in. That was a position that was available under the WWBC. There was a checker. We have been looking at a variety of things including but not limited to photo IDS that are checked by lifeguards or a card reading machine. But we are basically dealing with the honor system. Also the fact that you have people having to register their vehicles to come into the Village at $10 per car…we are not concerned about people getting in who are not registered. That’s another layer of protection. I guess you are talking about people sneaking in….”
“I don’t think we are worried about people from outside of the Park who are not members sneaking into the Park to go swimming,” replied Mr. Reichgott. “I think, and this is only my personal concern, people who are Park residents who feel that they don’t need to be a member to go and swim.”
“Well, shame on us,” replied the Mayor. “Right now there has been a change that we should discuss so that it is on the record. For as long as I can remember here after the WWBC season closed, the gate was locked, the bathrooms were closed and the electricity was turned off. For the first time since we removed the WWBC references from the Village Code, which we had to do, I decided to make an announcement that it is now open from sunrise to sunset. The response has been fantastic. People are there all of the time…loving it. It’s been great! Am I concerned that there will be some people who don’t care to swim and just want to go in the mornings between sunrise and 1pm and have a picnic? Hey…good for them! Anyone can go free right now! But if you want to swim, you have to pay up. That is the current strategy and we are not having any difficulty raising memberships. I have yet to have been able to contact the Hamlet people. I asked Bonny and others for their email addresses so that I can invite them but she they claim they have a legal opinion and can’t share the emails. I would love to send them an email tomorrow and say sign up!”
“There’s a whole lot of ideas and thoughts,” stated Trustee Kasker, “and I think it’s our responsibility as a Board to codify them in policy and a resolution at some point such as membership eligibility and what it entails.”
“Let’s do it tonight,” replied the Mayor.
“Ok, Wee Wah Park and Bathing Beach is the name being used and that was never approved by the Board so let’s discuss that,” stated Trustee Kasker.
“Chris, it’s a lot of micro-management, but let’s do it anyway,” replied Mayor McFadden.
“I think it’s oversight,” Trustee Kasker responded.
The name of the entity was then briefly debated and discussed. Trustees Kasker and Brooke were not in favor of using the word “bathing” in the name, however Mayor McFadden argued that it was critical to somehow distinguish the beach and swimming area from the rest of the Park. He called for a vote. Trustees Shaw and Scherer were in favor of the name as proposed.
Trustee Brooke abstained commenting he did not want to use the word bathing.
“Why can’t we just call it Wee Wah Beach?” inquired Trustee Kasker.
“The vote has been taken,” snapped Mayor McFadden.
Moving on to membership eligibility, the Board voted unanimously in favor of keeping things the same as they had been the year before, restricting the Hamlet membership to those who had joined in the summer of 2019 and after. There will be new membership eligibility for anyone living in the Hamlet who can establish that the TPA employed their direct ancestors.
Trustee Kasker asked for clarification as to whether first responders were still eligible for membership as they had been in the summer of 2021. The answer was yes.
Mayor McFadden called for a vote. Trustees Shaw and Scherer voted yes. Trustees Kasker and Brooke did not vote. Mayor McFadden moved on.
Retro-actively authorize the Mayor to apply for a building permit to build a median in front of the Booth – Although construction appears to be complete, the Board did not authorize it to take place on Village property. Trustee Kasker has requested that they do so retroactively.
“It’s not on Village property. It’s in the Town.” stated Mayor McFadden.
“It is Village owned property in the Town,” corrected Trustee Kasker.
“It is outside of the Village borders but it is owned by the Village of Tuxedo Park” concurred Mr. Reichgott.
“Which is why you got a Town of Tuxedo of Tuxedo Building permit…because you own it,” Trustee Kasker added.
“It’s why you didn’t need a memorandum of understanding or an easement from the Town to use a Town road,” explained Mr. Reichgott.
“Thank You Gentlemen,” stated Mayor McFadden.
“I’m just trying to keep us legal,” Trustee Kasker stated.
Following some rather contentious bickering between the Mayor and Trustee Kasker regarding the ownership of the property and the correct permitting process for the work that had been done there, the Board voted in favor of authorizing the Mayor to construct three garden medians in the areas surrounding the booth.
Audit of Claims :
Elizabeth Doherty read aloud the audit of claims. The Board voted unanimously in favor of approving them. “I am going to take this opportunity to make a comment on Chriss’ statement into the record at the last meeting where he claimed that we were $400,000 over budget and not even 6 months into it and gave us a list of 11 line items. It was a false statement. We have been working with the accountants and Elizabeth and my budget director and with John. It is not true statement. We are not overbudget by $400,000 and I want to make that clear for the record.”
“I never said we were $400,000 over budget,” Trustee Kasker responded. “ I said there were 11 line items on the budget where the expenses exceeded the budget. I stand by that statement. I have had discussions with Elizabeth. I have had discussions with attorneys at NICOM and I understand that some of those lines were not appropriated lines and others were. So there are still line items that this Board approved appropriations for that have exceeded budget items. My only point in bringing that up was because the Mayor kept saying we had to pay for the license plate reader because it was not budgeted for and there are plenty of things not budgeted for that we are spending money on and I asked what made those line items different. Further, the fact that nobody on the Board even questioned it when I said it and we still had a continuation of a discussion on money just goes to show that we are not where we should be as far as awareness of the budget.”
“Actually,” responded the Mayor, “I was so shocked by the fact that you would say that in a public meeting rather than contact us privately beforehand. You made a big statement like that and you put it on record that we are incompetent. The reason I didn’t say anything was that I was in shock. You claim to be a team player. You made that overtly at a meeting intentionally to embarrass me and others and you were doing it because you were mad about the WWBC vote. If you are a team player you bring those items to our attention before a meeting, let us look at them and give us a chance to do what we did over the last few weeks so we wouldn’t have this kind of back and forth.”
“I will continue to participate the way I feel like I need to participate based on the environment that I find myself in,” Trustee Kasker stated. “I stand by my statement then. I stand by my statement now. You can insinuate how I was feeling and why I said whatever I said but I am the only one who knows.”
“But Chris,” interjected Trustee Scherer, “we need to have public discussion for sure, but we are allowed to converse, keeping in mind the sunshine laws, beforehand…and it would make potentially these meetings more constructive and I think that would be helpful to progressing the Village’s business. For example, we wasted a bunch of time tonight candidly talking about stuff that is not that important or could have been easily resolved before the meeting. That’s the point.”
“I agree,” replied Trustee Kasker. “I sent everyone my thoughts this morning and I said if anyone wants to discuss, give me a call. Nobody replied.”
“Chris, with all due respect,” countered Trustee Scherer, “at the last meeting you did not do that. At this meeting you did it 6, maybe 8 hours in advance of the meeting? I have a full time job as do many other people on this call.”
“Josh, I do things in priority too, just like you do,” responded Trustee Kasker. “This has been a sprint all week long and I did it as early as I could.”
“I have sent you more than 15 emails since the last meeting asking for your thoughts on important information including rates for the WWBC,” stated Mayor McFadden. “You didn’t respond to a single one. And that’s what you do. You don’t talk to me during the month. You prefer to do it here in the meeting. You don’t want to be a team player. Just like Josh said, we have wasted hours.”
“We are wasting hours right now,” suggested Trustee Kasker.
“One last statement,” said Mayor McFadden. “You stand by your statement…I stand by the Village recording of last months’ meeting and what was written in TPFYI and I quoted you and that is what you said.”
“I never said we were over budget by $400,000. I said there were 11 line items where expenses exceeded budget. 11 line items is not over budget,” Trustee Kasker responded.
Budget Transfers:
Elizabeth Doherty read aloud the budget transfers. They were unanimously approved. Mayor McFadden announced that the changes were the result of their meeting with the Village accountant, the Budget Director and others to clarify and take a deeper dive into the comment that was made at the last meeting by Trustee Kasker. He then read aloud from the TPFYI coverage of that meeting, quoting Trustee Kasker, who in turn argued that what he actually said did not mean what the Mayor was suggesting it did.
Rather than to respond, the Mayor closed the meeting and the Board entered into an executive session to discuss employment matters of two specific persons, the PBS collective bargaining agreement, a legal matter and a safety matter.
Village Board of Trustees Meeting November 17, 2021
The Village Board of Trustees met on Wednesday, November 17 at 6:30pm. Trustee Brooke was absent.
Public Hearing – Local Law No. 3 of 2021 – A Local Law to review site plans in the Village of Tuxedo Park: Mayor McFadden met with the Planning Board on November 10 to discuss the Draft law. As a result of that meeting, Planning Board attorney Rick Golden drafted the Planning Board comments and also provided the BOT with a new Daft version of the law. The changes are substantive and the Board cannot continue the discussion until the new draft has been posted for the public to review. Therefore, the public hearing was continued to December 15 at 6:30pm.
Public Hearing – Local Law No. 4 of 2021 – A Local Law to revise dock and boat sizes on Wee Wah Lake in the Village of Tuxedo Park: Chris Hansen, who has been drafting the law BOT review, has not completed it to the point where it can be shared. Therefore, the public hearing was continued to December 15 at 6:40pm.
Mayor’s Comments:
Mayor McFadden began by thanking residents Jim, Chris, Rachel, Odetta and George (last names were omitted) for volunteering for the CSLAP program. This is a very important program and with the help of these five volunteers, the Village will be able to keep it going. He also thanked the DPW for special projects they have recently completed including: a mailbox stand, a variety of construction and final touches to the booth and refurbishing of the West Lake Rd/Turtle Brook Rd triangle. He further expressed gratitude to the Police Department for all of their input regarding the new automatic gate opening system, Denise Spalthoff for her work brining the pay on-line system live and Elizabeth Doherty for the work she did with getting EPA penalties waived.
Reports & Minutes:
Click here to view the DPW report
Click here to view the Construction report
Click here to view the Cellular Communications & WiFi report
Click here to view the Court report
Click here to view the Water report
Click here to view the Police report
Click here to view the Legal report
Public Comments on Agenda Items: Bonnie Takeuchi expressed concern with the recent proposal from an aquatic management company to run the Wee Wah Beach Club, which was widely circulated by the Village at the beginning of the week. Specifically, she focused on the services that are being offered and their costs noting that in 2020, for a season that began on July 5, the Club had employed 3 full-time workers for every hour they were open (a lifeguard, a membership checker and a Covid monitor) and their total payroll was $20,591. In 2021 they were able to open Memorial Day weekend and maintained 2 full-time employees for every hour they were open with the Covid monitor present most, but not all, of the time. Payroll totaled $24,947. She suggested that these numbers might help the Board during their discussion about the proposal later in the evening. “Members of my Board and I will be here throughout the meeting,” she stated, “and when you get to the part at which the WWBC is up for discussion, if you have any questions, we would certainly like to be called on and if we have the information with us we can give it to you and if we don’t, we can certainly get it to you.”
Village resident and WWBC Vice President Jennifer Darling commented that she wanted to briefly run through the position statement that had been sent to the Board by the WWBC the night before. She further indicated that the WWBC was not going to take a position on the hiring of an aquatic management company, which she noted was “probably not a bad idea for many reasons.” After careful review, they do however have significant issues with the proposal that has been brought forward. The first issue is that it appears that Club will be receiving significantly fewer services for a lot more money. She noted that Bonnie Takeuchi had just provided some of the payroll numbers, which helped to illustrate this point. Secondly, they believe that maintaining a limited staff of only one lifeguard with no support staff would be a safety issue. Historically the club has employed 2 or 3 fulltime people during operating hours. The proposal, which the WWBC Board acquired via a FOIL, outlined a plan under which the one lifeguard on duty would be expected to do everything else in addition to watching the water including but not limited to, cleaning tables, enforcing property-wide rules, managing garbage, checking in members, managing guests and guest passes, weeding and raking and cleaning the bathrooms. Because a lifeguard should not take their eyes off the water if there anyone in or near the swimming area, this means that the other work can only be done when and if there nobody utilizing the beach. For this reason alone, they have an issue with the amount of money the company is looking to charge for the service . “Less services…more money…that is really hard for us to get past,” she commented. They also had some issues with the proposed membership fees. “We worked really hard to keep the base family membership fee below $300 to make it affordable. It’s not a fancy club where there are lots of perks. It’s really just servicing the beach. We (WWBC) also have guest passes that are much more affordable than what has been proposed thus far. $25 per person for guest passes is a sweet idea, but we feel that it will hinder a lot of people from coming.”
In response to Mrs. Darling’s indication that the WWBC had FOILED the proposal, Mayor McFadden stated that he had sent it to them directly of his own accord, further suggesting that he had not even know until afterwards that it had been FOILed. “You can continue to say that it was because it was FOILed…but that’s just not the case,” he commented, reiterating that their FOIL request had nothing to do with his having provided them with the document.
Mrs. Darling went on to point out that the insurance provision in the proposal had full liability on the Village. “For me as a lawyer this is untenable because the way it is currently set up, we (WWBC) have our 3 million dollars and you (The Village) have your policy and you have a full indemnification from the beach. There was no indemnification from them. There was a full indemnification from the Village to the pool company and there was no obligation for them to carry any insurance what-so-ever. If there is an issue, that is not a situation that the Village would want to be in,” she stated. Finally, she mentioned that within the proposal there was no proposed cost for setting up either raft or the ropes and these things in conjunction with a few others could equate to hidden expenses that would drive the overall cost up. “I don’t think it’s necessarily $31,000 to run the beach for the summer. I think it’s incrementally more and to do it safely, even more than that.” Ava Rattazzi commented that she had been the lifeguard at the WWBC this past summer. “Not only as a lifeguard, but also as a Beach Club employee, I know how much responsibility is needed from each staff member,” she stated. “All of the responsibility that you are planning to put on just the lifeguard is unrealistic. The other lifeguard or lifeguards that will be hired will also be around my age and having just one person in charge of completing all the tasks by themselves, some of which require more than 1 person to complete is unheard of and unsafe. A lifeguards’ priority is to stay on the waterfront and make sure that there are no problems.” She further suggested that if there were to be only one lifeguard on week days and two on weekends, as per the proposal, the insurance company may not wish to insure the property because one worker can be a liability issue. “Since a lifeguard cannot take their eyes off the water, they will not know what is going on up in the beach and picnic areas,” she cautioned. “If somebody were drowning, the lifeguard would need at least one other person to help them with a backboard and they would also need somebody to call 911…so there are some safety issues with that too.”
Mayor McFadden asked Ms. Rattazzi whether she would be interested in working at the Beach Club again in 2022.
She responded that she would.
The Mayor then stated that he felt they would be able to submit her name to the company for consideration. “I’m sure they would be happy to have somebody with your experience,” he added. Marc Citrin stated that the one of the things about Tuxedo Park that makes it unique is the importance it places on its’ history. “So I stand before you and I ask you why is it that this proposal is looking to extinguish The WWBC, a beloved organization that has existed since 1934 serving both the community of the Park and the Town? Certainly, from my perspective, it isn’t because the WWBC hasn’t lived up to its’ obligations. When the Village asked the Beach Club to provide a police officer at the North Gate in 2020, we were more than willing to do it. When the Village asked the Beach Club to ensure that all Covid protocols were followed in 2020 and 2021, we certainly did. In terms of the financials, you heard from Jennifer and Bonnie that this proposal from NYS Pools simply doesn’t add up. You’re getting less and paying more. So why is it that we are looking to extinguish the WWBC by this proposal? Well, with 87 years of institutional history comes 87 years of memory and I point out to the Board that in 2007 Mayor McFadden made a proposal to the Board of Trustees to extinguish the Beach Club in favor of a Department of Parks and Recreation. I have a copy of that proposal in front of me, submitted by you Mayor, and dated 12/12/07. Obviously, in looking back, that proposal was not adopted. In 2009 another set of proposals were made to extinguish the WWBC and the interesting thing about those proposals is that the bidders, for the sum of $36,000, not only offered a guard for the beach, but a gate guard, a beach manager and an assistant manager…all full time for $6,000 more than NYS Pools is offering 1 guard during the week and 2 guards on the weekends…and that was 12 years ago. Prices have only gone up! $6,000 more than what is being offered today. So I submit to you that the Beach Club has provided service for 87 years…faithful service, good service, dependable service…and as I said to you on August 18 and October 25, we are more than willing to continue to provide that service with good faith negotiations for the summer of 2022…and we stand ready to do the same today.” Aoife Geoghegan commented that she was surprised at the Boards’ decision in selecting an outside party to run the Beach Club when the current Wee Wah Board has done so successfully and there has been a relationship there for 87 years. To the best of her knowledge, there have been no issues or anything that would warrant the break of this long-standing relationship and something like this could cause bad relations between the Hamlet and the Village. Many of the Village residents are not happy with what has been proposed but rather are quite happy with the Beach Club as it stands. She does not believe that the decision is representative of the majority. She is also surprised that the information was released on such short notice and further noted that the WWBC Board members had not been given adequate time to prepare for this meeting. She is also surprised by the massive increase that has been proposed for guest passes and the limits that have been put upon them when it is well known that people go there to have a good time and socialize and have family get-togethers in groups larger than 10. “I’m just surprised by the whole thing and very very disheartened that this is the way that it is going. It almost seems like it’s a personal thing at this stage. It’s very sad after 87 years of tradition with nothing that has warranted this.”
On a different note, Jake Matthews inquired as to whether or not he could comment or ask a question about Local Law No. 4 of 2021, which pertains to dock and boat sizes on Wee Wah Lake. He wondered where he could get more information regarding what was being proposed, further noting that he was unclear as to whether what was being proposed would apply only to Wee Wah Lake, or if it would also apply to Pond #3 and Tuxedo Lake.
Mayor McFadden responded that the hearing had been tabled until December 15 at 6:30 as the law had not yet been drafted. “It’s still under consideration by Chris Hansen. It’s going to be a comprehensive law for all the bodies of water , but right now there is nothing to look at.”
Planning Board Chair JoAnn Hanson commented that her Board had been working with the Mayor and Trustees to further revise the suggested distribution of the responsibilities of the Planning Board and the Board of Architectural Review. Noting that there were two items relating to this on the agenda, she suggested that if a survey was going to be done of prior applicants that it might be productive to have both the Planning Board and the BAR take a quick look at the survey…not to tilt it one way or the other….but to ensure that it was reflective of the processes that have been in place. With regard to a comment about stopping engineer payments for BAR reviews, she noted that there were some on-going applications that were mid-stream that require engineering. The Planning Board will be meeting on December 8 to look at revisions to the law and welcome any input from the Mayor or the Trustees prior to that time. Stuart Mcgregor commented that he felt there was nobody at the meeting who knew more about the WWBC than he did. The Beach Club was actually started in 1936 and both of his Grandfathers were instrumental in starting what was known as The Tuxedo Community Club with the help of Hans Christian Sonne, George Amory and George Grant Mason. His mother was the first treasurer. His aunt was a treasurer for 30-some years and he spent his summers at the WWBC as did so many others from both the Park and the Hamlet. “Back in 2018 I provided you with a proposal and a letter, knowing that the Beach Club was coming to an end because for 30 years it has been a source of friction between the Park and the Hamlet. I also feel that times change.” He went on to say that he supported the concept of what had been proposed. “The parameters you have with respect to who can be members I believe is reasonable at this point in time.” However, he added that he was deeply disturbed by the speed and manor in which the entire thing had come about so that the Board was prepared to vote on an agreement that evening. “One lifeguard…who is going to rake up all the goose poop in the areas along the beach as well as the picnic and activities areas? Back in April I made the suggestion that we form a committee with the Village so that we could have a report prepared by the of the year….so that we could vote on it and know what was going to happen in 2022 instead of stringing it out as has been done for the last 10 years. As a result, I got an email from you asking if I would be interested in being on the committee and I was. I have intricately involved with the WWBC although not on its Board because I am not a full-time resident of the Park, although I spend all of my summers there, and have owned a house there since the 1980s. I never heard back from you on that! A committee of 2? I believe this is being run by you and I am not sure there isn’t another agenda! Certainly, there needs to be much more done with respect to changing what is now a club that operates with no cost to the Village what-so-ever. A premium of $25 a guest? That’s absolutely incredible!” Carol Anne Nicholson stated that she was opposed to part of the new gate system plan, specifically the idea of allowing residents unlimited registration. “I think you will find households with a very large number of family-owed vehicles.” She went on to express her disappointment with how concerns with the WWBC had been handled. “Since the Mayor and the Board of Trustees like to tally ‘Yays & Nays’, please put me down in the ‘Nay’ column for both the gate and the NYS Pool proposal.” Elizabeth Cotnoir noted that she agreed with Mrs. Nicholson on both points. She wanted to know what the benefit to residents would be from making the changes at the WWBC. She echoed concerns over the decline in services, further commenting “the pool management proposal itself says ‘please note lifeguard will not be permitted to perform any duties that interfere with their ability to supervise patrons in the lake or beach area.’ It was brought up before that the lifeguard, who needs to keep their eyes on the beach and on the water, would also be responsible for people coming and going as well as the various other duties assumed by multiple staff members in the past. With the Front Gate, I have the same feeling. I’m not really sure how it benefits the resident. It’s still one lane. We would still need to wait behind, like we did this afternoon, a visitor while they receive their directions. I know from experience with EZ Pass that people go fast. I’m not really sure what the hurry is. So, I am actually against both the Front Gate EZ pass service and the WWBC for these reasons.” Sally Sonne commented that she agreed with both Mrs. Nicholson and Ms. Cotnoir. She offered her gratitude to all the people who had worked at the WWBC over the past two summers, nothing that they had worked extremely hard and done a great job and her view deserved to be both thanked and congratulated. “There are problems and I think we do some changes,” she stated, but expressed concern with the management group that had been proposed further wondering what advantage they would bring to the table. “They don’t know the players. They don’t know the people. They don’t know us. They don’t know the place and I think this could really result in many problems. We’ll just be forking out a lot of extra money which maybe we could be using to enhance some of the facilities at the club. I’m just against it.” JP Rattazzi expressed concern over the cost and limit that had been proposed for guest passes at the WWBC. “A lot of the people who go to the Wee Wah are people who can’t afford alternate options like putting a pool in their back yard,” he stated. He suggested that in charging $25 per guest, many larger families would be outpriced and that it seemed as though the message that was coming from this price increase was that perhaps these groups should consider swimming elsewhere. He worries that people will be more likely to pursue other dangerous options such as unsupervised lakes in the woods or the cliffs above the Ramapo known as Bubbles, where a girl almost died two years ago. “It just seems like it isn’t in the best interest of families,” he stated. He also wondered about the “ancestor clause” for joining that had been proposed. “It feels like eventually that would be phased out,” he said “so that new-comers who move into the Hamlet will not be able to join the Wee Wah and eventually the Hamlet will be phased out entirely. Raising the prices, hiring only one employee, the speed with which this proposal was circulated…it feels like a squeeze. Not only should there have been more time but we should also understand why this is happening and if Hamlet members are going to be squeezed out, what they will they do.” Jill Swirbul commented that both she and her husband Jason supported all of these comments and were fully against what had been proposed. “If it aint broke, don’t fix it,” she stated.
Consent Agenda:
Trustee Kasker asked that the following items be removed for discussion as part of the regular agenda:
Approve 8 hours of professional services for Cooper Arias LLP to do a pre-budget audit in preparation for the 2022-2023 budget.
Approve 15 additional hours for Desiree Hickey to assist Elizabeth Doherty with the backlog of billing applicants fees for the village engineer and architect
Approve waiving applicants fees for the village engineer and architect for several residents
Approve written survey of past applicants before the BAR, BZA and PB to seek constructive comments for improving the application process.
Authorize the Mayor to send all water bills 60-90+ days overdue to a collection agency.
Resolve to place a temporary short-term moratorium on applicant billing for village engineer and architect through the BAR.
The remaining items on the consent agenda were then unanimously approved.
Regular Agenda: Approve 8 hours of professional services for Cooper Arias LLP to do a pre-budget audit in preparation for the 2022-2023 budget – Trustee Kasker inquired to the scope of work and specifically which budget line number it would come from. Mayor McFadden responded that this was a consent agenda item and that these things would be resolved after the meeting. “That level of detail isn’t required for this consent agenda,” he stated. “Would you like to make some comment about what line item you would like to see it in? I mean, we have accounting fees…so it will come out of the accounting fees.”
“Then why can’t we put it in the resolution?” inquired Trustee Kasker.
“Because we are not doing that level of detail in the Consent Agenda,” replied the Mayor.
“Well, I think we should,” stated Trustee Kasker. “I want to know what I am voting for.”
“You are voting for 8 hours of professional services from Cooper Arias,” responded Mayor McFadden.
“And what are they going to be doing? What are they going to look at?” asked Trustee Kasker.
The Mayor responded that the idea was to have them take a look at the budget now so that they could determine whether there was anything that needed to be corrected before the next budget year.
“Because this is a transition year,” added Trustee Shaw, indicating that this was the first budget that Elizabeth Doherty would be working on.
Following this discussion, the Board voted unanimously in favor of approving this. Approve 15 additional hours for Desiree Hickey to assist Elizabeth Doherty with the backlog of billing applicants fees for the village engineer and architect - Trustee Kasker noted that there was 15 hours of backlog, but also included in the consent agenda was a request to do a moratorium on billing. “We have months of backlog that we are still working on,” responded Mayor McFadden, “and moving forward we are going to stop it, so she wouldn’t be doing any billing during the moratorium.”
“She’s doing backlog through which date?” inquired Trustee Kasker.
“I don’t have the exact date,” responded Mayor McFadden.
“It’s our job to know what we are voting on,” stated Trustee Kasker.
“I am here every day,” stated the Mayor, “talking with people, looking at these accounts. You’re coming in from the side and saying…”
“I’m a Trustee, I’d like to know. I have some responsibility,” Trustee Kasker asserted.
“Alright look. You are micro-managing the process,” scolded the Mayor. “Denise needs to catch up on billing. Elizabeth is too busy. I don’t know the dates!”
“When does the moratorium start?” inquired Trustee Kasker.
“We just passed it, unless you took that out too,” quipped the Mayor.
“I did…because how long does It last?” inquired Trustee Kasker. “Is it 30 days? 45 days?”
“I don’t know exactly how many days it’s going to be,” snapped Mayor McFadden. “Just don’t vote for it if you have a problem with it. If you have a problem that we can’t knock it down to 5 days or 2, then just don’t vote for it. Come on…we have to move along here.”
“We have to do the Villages work,” asserted Trustee Kasker. “This is not that hard of a discussion. Should we just pick a 30-day moratorium? Then we can look at it again next month.”
“No,” responded the Mayor. “I’m not going to get it done sooner than that and I am not going to lock myself into a date because I have to meet with different people. JoAnne and John will work it out. I’ll let you know if it’s an issue.”
The Board voted unanimously in favor of approving this. Approve waiving applicants fees for the village engineer and architect for several residents -
“How much are we talking about?” inquired Trustee Kasker. “Which residents? Why? We don’t waive fees without being specific. We never do it for water bills, why would be do it for anything else?”
Trustee Shaw suggested they table it.
“No. No. No.” stated Mayor McFadden. “We’re going to waive these fees.” He then asked Building Inspector John Ledwith to address it.
Mr. Ledwith responded that there had been 3 people who received bills for professional services that exceeded what they had put in escrow. Some of these bills called for 5 or 7 hours of engineering review time that they felt might be excessive given the fact that the applicant had submitted plans that had already been signed and stamped by either an architect or an engineer. The Mayor added than another example had been somebody who submitted an application for a pool and a neighbor had written a letter outlining their concerns about potential noise. The applicant responded with a letter stating that they did not feel it would be noisy. Subsequently the engineer charged a fee for reviewing both letters. “It’s inappropriate,” stated the Mayor. “It’s got to be changed. It’s the reason that people are very upset with our process. We’re going to correct it. We’re going to meet with the engineers and the architects and we’re going to go over it and that’s all the detail I have for you right now.”
“I appreciate that,” responded Trustee Kasker. “I think it’s appropriate for me to have that level of detail.”
“And I would have told you if you had called me last week, or yesterday or today,” replied the Mayor.
Trustee Kasker requested that the language in the resolution be changed to indicate that it applied specifically to three residents. The Board then voted unanimously in favor of approving this. Approve written survey of past applicants before the BAR, BZA and PB to seek constructive comments for improving the application process – Trustee Kasker inquired as to who would be working on this and whether or not the Board would be able to see it before it went out.
The answer was that the Mayor would work in conjunction with Joanne Hanson, the BAR and John Ledwith would be writing the survey and then it would be sent out. “I see no reason to bring it to the Trustees for a vote.,” stated Mayor McFadden.
“Is it going to cost any money?” wondered Trustee Kasker.
The answer was no.
After changing the language in the resolution to identify who would be drafting the survey, the Board voted unanimously in favor of it. Resolve to place a temporary short-term moratorium on applicant billing for village engineer and architect through the BAR – Trustee Kasker asked for a deadline on this.
“I’m not putting a deadline on it,” replied Mayor McFadden.
This was approved by a 3-1 vote with Trustee Kasker voting against. Resolve to place a temporary short-term moratorium on applicant billing for village engineer and architect through the BAR – Trustee Kasker indicated that as per a conversation he had with the Village attorney prior to the meeting, this would need to be tabled until they could have an attorney/client session to discuss.
“So you’re not ready to send people to collection?” inquired the Mayor.
“No,” responded Trustee Kasker, “we need to have a discussion with the attorney before we do that.”
This item was tabled. Resolve to accept the recommendations of the Wee Wah Park Committee to hire NYS Pool Management to manage the 2022 summer swimming season for the Village and Hamlet Members – “I have heard everyone’s comments and I have taken them seriously,” indicated Mayor McFadden. “We are only dealing tonight with hiring the firm. We are not talking about rates, complete personnel, cost of guest fees, all those kinds of things. In the letter that I sent to the WWBC we asked for a transition. We assume that you are going to help us make that transition. You brought up a bunch of very good points tonight that have opened my eyes in terms of what we would want to go back to the company for. Several contradictions that you brought up I think were valid…we should definitely speak with NYS Pools about these things. There’s plenty of openings in the future to set rates. One comment that I do want to address directly is the increase in the cost of membership. As Bonny mentioned, minimum wage has gone up and we also know that eggs and milk and gas and everything else has gone up. There hasn’t been an increase in your membership fees for years. It does make sense to ask for an increase.”
“I would like an opportunity to respond since you are talking about voting on this tonight,” stated Jennifer Darling, “and from my prospective I can tell you that we have had an increase. For us it’s a substantial increase. Because of Covid we had to hire a Covid monitor. We went from 2 people full-time to 3 people full-time.”
“We’re actually not going to vote on any of this tonight,” responded the Mayor. “We are only voting on the award of the contract.”
“You’re talking about awarding the contract,” responded Mrs. Darling, “but you didn’t have it available to share with us…so I am asking if all the Trustees have even read the contract.”
“Yes of course,” replied Mayor McFadden.
“Then why was it not made available to us until 5:45pm yesterday?” she inquired.
“One of the reasons that the committee has recommended this vendor,” stated the Mayor, “is because of their willingness to be flexible…their responsiveness. They are located in Suffern or Mahwah. They have excellent references. I don’t think this is the time to micromanage their agreement. I think it’s a great time to work with the WWBC and say ‘what have you learned that you can share with us to help improve this agreement?’ “
“We would have welcomed that opportunity,” suggested Mrs. Darling. “You put two people on that committee. Neither of which are Beach Club members. Those people never reached out to us despite our standing up at prior meetings and asking for that. The time for us to make recommendations about the number of lifeguards”
“We hope to have those conversations with you and the company,” interrupted Mayor McFadden.
“But you are awarding a contract to somebody…”
“Yes…who has told us they are very flexible, that they will talk about other personnel.”
“I don’t think you should be awarding a contract right now,” she cautioned.
“Well, I appreciate your concern,” the Mayor interrupted again. “I feel strongly that it is a very good company and they will work with us and all of these items will be straightened out. One thing you seem to be doing is talking down the membership. It’s almost as though you are telling people not to join this club because it is going to be expensive and will have less services.”
“I am not saying that at all,” protested Mrs. Darling.
“Well let’s all work together to get it to a point where everyone is happy with the service,” suggested Mayor McFadden. “Who can argue with hiring a third party company to take on all the hassle and burden and renegotiating? We can all just go and enjoy it. It’s going to be a real success and there’s going to be a lot of new members joining and we will work it out with your help…if you would like to give it to us, we would appreciate it. We’ll take all of your critique and comments and suggestions. The problems you have with the agreement…we’ll rework the agreement. This individual is $31,000 compared to $35,000…lowest and most reliable. I am confident after talking to this and listening to the comments that the committee made…and what’s wrong with a two person committee by the way? All of our committees are two people.”
“You didn’t have anybody who had experience with the WWBC on the committee,” interjected Trustee Kasker. “It’s ridiculous! And you had volunteers that wanted to help and you didn’t bring any of them on.”
“That’s only part of the story,” argued the Mayor, “because the committee is not done. As I said in the letter, they completed the first phase, which is recommending. The next phase is working together for a transition. That’s the next phase. That’s when I would bring on other people. You are micromanaging the committees process.”
“This is taxpayer money at the end of the day,” suggested Mrs. Darling.
“No,” responded the Mayor, “It’s not because this is going to all be raised.”
“How are you going to raise it?” asked Mrs. Darling.
“By membership…hoe do you raise it?” retorted the Mayor.
“We don’t provide services until after we get the money,” suggested Mrs. Darling.
“Yeah well…we’re going to start selling tickets immediately,” stated the Mayor. “Did you read my letter?”
“Yes I did,” replied Mrs. Darling, “but you don’t want to talk about rates tonight and yet you are going to start selling tickets immediately.”
“Listen,” retorted Mayor McFadden, “You’ve made your point. I counted 24 or 25 people that are against it and there are 600 people in the Village. You have 1 Trustee and 20 people who are against it. I have to take that into consideration. There are a lot of people who are really looking forward to it.”
“Where were they tonight?” wondered Mrs. Darling.
“They aren’t going to come and complain,” responded the Mayor. “There were articles on TPFYI telling people to come and complain. Everyone who wanted to complain, did it.”
“I don’t agree with that,” asserted Mrs. Darling.
“I don’t know what to tell you,” responded the Mayor, “but we are ready to vote. We have looked at all the memos and we are comfortable with the recommendation of this company. If you want to pull back and not work with us down the road, that’s your decision. I think that that’s not appropriate, but it’s up to you. We would like your expertise. We would like to transition over. That’s it. I am not going to take any more questions on this.”
Trustee Kasker commented that he had no idea what problem they were solving in hiring this company. “We have the Wee Wah Beach Club that has been doing this for decades. I have no idea why we are paying somebody to do something when we have volunteers who do it for free without any complaints. I don’t know what the extra administrative burdens are going to be. Are we expecting Elizabeth to now collect money for the membership fees? I don’t know. I do want to commend the WWBC Executive Committee for reacting on a Friday 5pm email, which is what politicians do in Washington DC when they have bad news. They dump things at 5pm on Friday. I could not believe that this happened and I want to commend you for jumping through hoops and getting together and writing a very thorough response in just 5 days. I can’t believe that Trustees can vote on something like this that’s going to change decades of tradition with 5 days of notice. I think it’s a farce that this committee had no members from the WWBC. I think that the Board has not decided on a full, comprehensive plan as to what the Wee Wah Park is going to look like and it shouldn’t vote on a contract with an outside entity until the Board either agrees or votes to have a way forward. Last season the WWBC paid the Village $4,000 and we are now expected to pay $30,000 plus additional hidden costs that have been pointed out tonight and I don’t understand why we can’t just keep it a simple transaction of the WWBC volunteers do their thing and we get a check. I recommend that the Park Committee be given a charter, approved by the Board and include at least 7 members, at least 3 of which are members of the WWBC , and all residents of Tuxedo Park. And I have HUGE concerns about the indemnification and lack thereof. I can’t believe anybody in any business would sign a contract with the indemnification clause that is in the NYS Pools contract. I also want to thank Ava Rattazzi for speaker tonight.”
The Board then voted 3-1 I favor of accepting the recommendations of the committee and moving forward with the contract with Trustee Kasker voting against.
“Unbelievable!” stated Trustee Kasker.
“Trustee Brooke is not here,” noted Trustee Shaw.
“He supports it,” stated the Mayor. Resolve to accept vehicle charge plan presented to pay for the new gate opening system dated November 12, 2021 – Commenting that he believed there were a lot of people in the Village who did not have a full understanding of the advantages and disadvantages of the system, the Mayor called on Police Chief Dave Conklin to make a brief presentation about it.
Chief Conklin explained that the goal of the system was to enhance security and despite some of the rumors that had been going around, it was not an Easy Pass system. Rather, it is a camera that reads license plates. The license plates are submitted into a database and when a car pulls up to the gate, it there is a plate match within the system, the gate will open. There will be parameters surrounding the dates and times and who is allowed access through which gate. It is a robust system that will allow the PD a lot of control. “It’s definitely going to enhance security because people are going to be pre-vetted. When somebody comes to the gate and it opens automatically, we know that we vetted that person. Right now, if somebody pulls up to the gate and says they are going to the Tuxedo Club, we open the gate and they go through. They are not vetted. All non-residents will have to produce a Driver’s License in order to be put into this system. We will know who these people are.”
The Mayor commented that he had heard some people express disappointment because they like being able to pull up to the booth and talk to the officer on duty.
The Chief noted that this would still be possible with the new system. “Just because the gate opens doesn’t mean you have to drive right through,” he commented.
Contractors can be added to the system with parameters for up to three weeks and this period can be extended if necessary. Employees of the Club or the School who no longer work for those institutions can be deactivated in the system. Currently, many ex-employees refuse to return their stickers and there is not much that the Village can do about it.
Questions were asked surrounding what would happen for individuals who are not in the system.
The Chief responded that these individuals would be vetted. The process for this was discussed and questions were raised over whether or not the officer on duty would have to leave the booth to fully vet unregistered vehicles. The Chief asserted that there were two officers on duty at all times and between the two of them, they would be able to manage the process. Audrey Perry commented that currently when she was expecting a guest she would call the gate and inform them who was coming and then when that person arrived, they would be admitted. She wondered if the process would be the same with the new system.
Chief Conklin responded that it would.
“Or, if you wanted to,” suggested Mayor McFadden, “you could put in their license plate and they could drive right though.”
Chief Conklin was asked whether the system would be connected to law enforcement databases that would flag vehicles for suspended registration or having been reported as stollen, etc.
The Chief replied that currently there were plate readers at both gates that were connected to a law enforcement database and that the department already received these types of alerts. The new system is just a camera and a database and is not connected to any other criminal justice systems.
The Chief has put together an FAQ which will be posted to the Village website.
Additionally, there is a list of about 30 contractors who access the Park every single day. These people will be put into system.
Residents who have weekly domestic service people coming in will also be able to register these guests with specific parameters.
The Mayor commented that there were residents who did not want to get rid of their tags for nostalgic purposes. He suggested that they could still produce and either give or sell these tags to residents, however they would not trigger gate access.
Chief Conklin encouraged any residents who had additional questions or concerns to reach out to him directly.
With regard to fees, the Mayor noted that as the cost of the system was not in the budget, he has proposed a one-time fee for residents, which would cover the cost of installation and equipment. This will be roughly $30 per household, which will allow an unlimited number of registered vehicles. Patrons of the School, Club and Church currently pay $90 per car for their sticker and plate. Because of this high cost, many of these people do not opt to purchase the sticker. Mayor McFadden is proposing a reduced fee of $29.95 per year for unlimited vehicles and is confident that there will be a higher buy-in at the new rate. Employees of these entities will pay $14.95 per vehicle. Another option is for the entities to pay a lump sum fee to the Village and then provide them with a spread sheet of the plate numbers. Seasonal people (WWBC, Fishing Club) will pay a fee of $9.95 per family/membership for unlimited vehicles.
To those residents who have indicated that they do not want to pay $30 to enter the Village when they can enter for free now, the Mayor stated “We are not coming in for free. We have police salaries, road maintenance and wear & tear, repair on the existing gates. A large part of what we pay in property tax…every time you drive through that gate, you’re paying. So, this is a one-time fee per family/property owner/renter.” Other methods of paying for the installation were briefly discussed. “I’ve got to be honest with you,” stated the Mayor, “only 3 people have complained to me about having to pay the $30, so I don’t see any reason to start pulling things out of the budget.”
Trustee Kasker commented that there were currently 11 budget lines that exceed their appropriations, totaling roughly $400,000. “That’s $400,000 that wasn’t budgeted for that was spent and we are only 6 months into the fiscal year,” he stated. “My question is, what makes this $20,000 for the license plate reader so special that we have to charge residents a fee? What’s more important…getting people registered or getting a fee from them? I think the Chief would agree that the more people who are registered, the safer we are and the more effective the system is. Right now ,there is a $30 obstacle that is going to piss people off…and I have talked to more than 3. If I am one…I have talked to more than 2…and people have commented tonight as well. In the end this is a benefit to the Police Officers more than it is to the residents. It clears up their in-booth requirements. Now there is one less thing for them to do because of this system. I don’t think we should have to pay for that additionally. We don’t need to fund it now to get it going. We can get it going without charging anybody anything and we would be safer for it.”
“We have to pay for it,” countered the Mayor.
“Let’s look at the budget and see if there is money in there,” responded Trustee Kasker. “Why don’t we cut in half the number of fire hydrants we are planning to replace and not charge the residents and automatically enroll them?”
Trustee Shaw agreed that the money could come out of the fire hydrants.
Following some further discussion, it was agreed that they could pull the expense out of the budget thus eliminating the need for residents to pay for the system.
The Board then voted unanimously in favor of accepting the revised plan.
Following approval of budget transfers, the Board entered into an executive session to discuss employment matters of a particular person, the PBA collective bargaining agreement and a legal matter.
Village Board of Trustees Meeting October 25, 2021
The Village Board of Trustees met on Monday, October 25, 2021. All members were present.
The meeting began with three public hearings.
Public Hearing on Local Law No. 2 of 2021 – A Local Law to opt-out of allowing cannabis dispensaries and on-site cannabis establishments within the Village of Tuxedo Park:
There were no comments from the public and the hearing was closed.
Public Hearing on Local Law No. 3 of 2021 – A Local Law to review site plans in the Village of Tuxedo Park:
Planning Board Chair JoAnn Hanson commented that while she felt that there were elements of the current Planning and BAR process that could use modification, the proposed law is too broad and lacks a mechanism for the Planning Board to refer matters to the BAR when and if they think it is appropriate. While it makes sense in her view for commercial, educational institution and new home applications to go before the Planning Board as part of their process, the way the proposed law is drafted all applications with a site plan would be required to go before the Planning Board and she this could be quite cumbersome for those who are just looking to do a renovation. If the Village is concerned about larger renovations, they could consider adding a regulation pertaining to the expansion of foundations, but even this might not be worth it in terms of the impact to applicants as the renovate. Noting that her thoughts and opinions were entirely own and not representative of the Planning Board, Ms. Hanson further commented that it was were understanding that New York State law would require any proposed zooming changes to be reviewed by that board before going into effect. She suggested that another iteration of what has been proposed would be valuable.
Jake Matthews commented that recently plans involving the movement of driveways/parking pads had come before the BAR. He suggested that perhaps this was something that should fall under site plan review.
In an effort to provide some quick background as to the genesis of the proposed law, Mayor McFadden commented that the Club had recently filed an application involving cut & fill and storm drainage among other things. In his view, this should have gone before the Planning Board but the way the code is currently written if there is an existing structure on the property that already has a Certificate of Occupancy, the application must go to the BAR. The Village has been gathering information and feedback from each of the Boards as to what has been proposed and the Mayor feels it is likely that the hearing will remain open to allow more time for comments and possible redrafting.
Trustee Brooke commented that what was being proposed should not be entirely relegated to the situation at the Club, which was only one example of a relevant issue. It is his hope that during the review period, the Village is able to come up with the framework where all of the pieces can be netted together to provide a more resident-friendly process for everyone involved. “We need to have a situation here where Residents can embark on improvements to property where the Boards are not overwhelmed and discretion is afforded to the Building Inspector in many of the issues that should not have to go before a Board. I don’t understand with the amount of development in this community why the BAR has to meet twice a month. There’s just not that much going on and there are things that they are considering that they probably should not be considering, such as minor issues. I would trust that when we look at this law, we look at it in the context of the broader issues which have to do with reallocating powers and delegating more power to the Building Inspector.”
Mayor McFadden agreed with Trustee Brooke, suggesting that they also include a comprehensive review of the Design Guidelines, which are over 15 years old. Materials in particular have come a long way and there are good synthetic materials that simply did not exist when the Guidelines were written.
Trustee Brooke suggested that they should consider empowering the BAR and the Building Inspector to have discretion over materials and other similar issues. What he would like to see is a law that is written to provide more power to the people who are running the Village so that Public Hearings and redrafting are not required each time a small change is desired.
The Mayor noted that the Planning Board had been split into two Boards in 2006, which is when the BAR was created. The Design Guidelines were subsequently written in 2008 and since that time there have been no changes. It is time for updates in his view.
BAR Chair Sheila Tralins commented that she agreed with JoAnn Hanson, further noting that she was glad the Trustees were planning to allot more time to consider and make the proposed changes. The BAR is not philosophically opposed to sharing some of the authority for some of the actions that come before it and they do appreciate that at certain times site decisions intersect technical and aesthetic. The last thing everyone wants is to complicate the process and require the applicants to attend more meetings while the applications bounce around between boards. She feels that they need to be very specific with regard to those things that they assign the Building Inspector to take jurisdiction over but generally speaking, she agrees that the Guidelines could allow for changes in materials as well as certain other small projects to be done without requiring BAR approval.
Trustee Kasker thanked both Board Chairs for their comments, which he noted were insightful and helpful. Regardless of whether or not the law requires it, he would like for the Planning Board to formally consider what is being proposed and provide collective feedback.
Planning Board Chair JoAnn Hanson suggested that in order for that Board to provide productive feedback, they would need to see the next iteration of what is being proposed, after which they would be happy to give a formal, collective comment.
Trustee Kasker noted that Board members do receive a lot of comments about the cumbersomeness of the process and that he hoped that in continuing the hearing more residents would come forward with their thoughts and opinions on creating a more streamlined process that would allow more homes to be built more quickly.
Following some further discussion, the public hearing was continued until November 17.
Public Hearing on Local Law No. 4 of 2021 – A Local Law to revise dock and boat sizes on Wee Wah Lake in the Village of Tuxedo Park: Mayor McFadden announced that the draft law had not been completed and therefore, they were not prepared to move forward with the hearing. The Hearing was subsequently opened and extended to November 17.
The regular monthly meeting was called to order at 7:15pm.
Mayor’s Comments:
Mayor McFadden noted that it was nice to be back from his vacation out West. Reports:
Click here to view the DPW Report
Click here to view the Construction Report
Click here to view the Police Report Lakes Committee – Committee Chair Jim Hays reported that the summer season had ended and with it the CSLAP sampling program. The CSLAP program was run by a number of volunteers from both the Village and the Town. The majority of the Village volunteers are elderly (one in their early 80s and one in their late 80s) and therefore it is time to bring on some younger Village residents. Mr. Hays is hopeful that these volunteers will come forward. Anyone interested should contact Sue Heywood at 845-351-3473. Over the winter months, Mr. Hays will be analyzing the data and putting together a short report about what it indicates about of the health of the Village Lakes and whether or not the program should be continued in the future. Last winter Mr. Hays prepared the beginning of a Watershed Management Plan for the Village which made a number of corrective recommendations. One important recommendation was an analysis of the storm water management system. This is important because if it can be determined where the water is coming from it can perhaps be determined where the pollutants are coming from and this can perhaps be mitigated in some way. To his knowledge no funds were committed to this effort in the current budget, but if funds could be made available this fail, it is a good time to begin this work. If not, hopefully funds for this work can be included in next years’ budget. Climate Smart Community Task Force – Reporting on behalf of this group, Mr. Hays thanked DPW Superintendent Voss and John Ledwith for their help in gathering data as well as other information to be used to calculate greenhouse gas emissions by Village Government operations for the year 2018, which has been chosen as the baseline year. Down the line there will be subsequent inventories as well as recommendations to the Board as to how these emissions can be reduced. Most of the time reductions in emissions equate reductions in spending. While there may be some upfront costs for this work, ultimately there will be savings and the committee will be able to judge whether the savings justify the costs of the recommendations. The Task force could use more volunteers.
On another note entirely, Mr. Hays noted expressed concern over dead trees throughout the Village which are overhanging Village wires. He noted that O & R had done quite a bit of branch trimming as part of their on-going project, but they had not removed any dead trees that overhang the wires. He wondered if perhaps they could be convinced to do some of this work.
DPW Superintendent Jeff Voss noted that many of these trees had been identified and were scheduled to be removed.
Trustee Brooke added that O & R had policies in place that prevented them from removing certain tress depending on their size and the direction that they lean.
With regard to his committee reports, the Mayor assured Mr. Hays that he would put out a Village-wide bulletin seeking volunteers. Communications Committee – On behalf of Committee Chair Paola Tocci, Mayor McFadden read the following into the record: On October 1, Sheila Kobrick, Member of the Communications Committee, met with Grant Preston of Crown Castle. Grant Preston showed images of potential fiber build coming from the North end of Tuxedo into the Village. This potential fiber build would extend to the Club and to the Tuxedo Park School. Crown castle will look into providing redundancy on this network which would prevent an interruption of services as a result of an "Act of God" which would bring down power lines. This redundancy would cost more and Crown Castle will provide more details regarding this option. Crown Castle mentioned that they can also assist with a separate project by working on the DAS(Distributed Antenna System) which would improve cellular service in our area. They will contact their Carrier Group to see if providers are interested in providing cellular service to our area. This system would consist of placing small antennae throughout the area rather than a large cell tower. Some examples of where these antennae would be placed are on the club roof, water tower, etc...to provide improved cell phone coverage for cellular calls in emergencies. Crown Castle believes that having the fiber built into the Village "will be a huge benefit for having cellular carriers interested in providing services in our area". Another meeting with Cron Castle is being planned for early November. Police Reform Committee – The police reform committee met on September 15, 2021. All of the goals laid out in the police reform plan have been met. Community service initiatives such as the prescription drug disposal, Hope not Handcuffs, Project Child Safe, the addition of Officer complaint and compliment forms to the website and vacant house-checks were also added. The group also discussed the idea of organizing community/police interaction during events such as Coffee with The Chief and Child Bike Safety. Suggestions are welcome. The new security booth provides an automatic gate opener and this was also discussed by the committee. The next quarterly meeting will take place in December or January. Welcome Committee – The Welcome Committee has communicated with all of the active real estate agencies in Tuxedo Park for input on the Welcome Packet. They continue to develop content for the packet and have been working in conjunction with the Village Clerk (who is also on the committee) to obtain the necessary materials. Wee Wah Park Committee – The committee is collecting three bids from professional aquatic management companies for co-management consideration. All three offer lifeguard services, safety zones, rescue audits, scheduling, programing and event registration, cleaning checks, maintenance & repair status. They had intended to seek a co-management proposal from the Wee Wah Beach Club, but were surprised to learn that they had submitted a lease proposal for the 2022 season indicating that they are not interested in a co-management proposal. The committee is also in the process of looking at new designs for the park. They have two, highly qualified, landscape design architect firms that are very excited to have the opportunity to be involved with such a beautiful project. They expect to receive preliminary design concept drawings within a few months. With Board approval it is their intent to choose a winner for the park design and request taxpayer funding for a detailed design and renderings. In addition, they plan to begin fundraising efforts soon and will keep both the Board and the community appraised of their progress. Automatic Gate System – Distribution and Payment Plan / Alternate Automatic Gate Opening System Distribution and Payment Plan - Trustee Kasker reported having met with Chief Conklin to address some immediate concerns he had with the original plan for the new license plate reader/automatic gate system. If all goes according to the updated plan, non-residents who are employees of Village organizations (TPS, The Club, the Beach Club) and or customers/members of those organizations would pay a $60 fee per year to enter the Village. The technology will allow the Village to limit access during certain parts of the year, and therefore, the billing can take place on a quarterly basis at a rate of $15 per quarter. So, for example, a parent of a student at TPS, who would only be accessing the Village from September until June, would only have to pay $45 as opposed to $60, while members of the Beach Club would only have to pay $15 for access during the summer months. Contractors and residents would not have to pay. Trustee Kasker estimates that this could produce an annual revenue of close to $30,000. A camera will be mounted on a pole to be installed on the median at the Front Gate. The current access stickers will be phased out over time.
Trustee Kasker wondered what would happen if the camera were to go down. Without the use of stickers, how would the Police effective regulate access?
Mayor McFadden responded that the system had manual over-ride and that if the camera were to be out of service for whatever reason, the Police would have to do the best they could to restrict access to the appropriate people.
Trustee Kasker commented that there are a lot of things that he likes about the system. In particular, the Village will be able to collect and amass solid data reflecting how many vehicles are accessing the various locations and when and how many vehicles are entering the Village via the Main Gate vs. the South Gate. This is valuable information for the Village to have. That being said, he wondered what the benefit of the system would be to the residents. “Right now when I pull up to the Gate, it opens and I go home… and with this system, when I pull up to the Gate it’s going to open and I am going to go home. So what is the benefit for the taxpayers, and in the Mayor’s plan for residents to have to pay a fee to come home,” he wondered.
“We want to increase and improve security in the Village,” replied Mayor McFadden. “Right now, the standard operating procedure is that one states a name and address that they are visiting and the Gate opens. This new system requires a license plate, so we expect a large increase in security of non-residents coming through and a less stressful situation on the Police Officers. In terms of the residents, it’s very obvious what the benefits are. If your license plate is in the system, you go right through. You don’t wait. It would be great if we had a separate lane. We don’t, but that’s the benefit. You mentioned the taxpayers. From the very beginning the system is intended not only to pay for itself, but to build a reserve for a special Safety & Security fund for the Police to administer at the Gates. In addition to that, every single vehicle that comes through will have to have a license plate registration.” He went on to explain that there would be an accompanying Ap and that registered users would be able to enter license plate numbers for temporary access or domestic help. “There’s a lot of flexibility that has been all clearly laid out in the Chiefs memo to the Board,” he noted.
The TekWave system was unanimously approved by the Board at their last meeting. “That was also going to be paid for by fees,” stated the Mayor. But when signing the TekWave agreements he discovered that the kiosk that was to be installed at the South Gate was going to cost an additional $8,000 and this, in addition to the high vendor installation price, motivated him and the Chief to explore other options. As a result, the Board has been presented with an alternative system, which is essentially just a license plate reader. This new system is both more cost effective and more efficient and therefore the Mayor is suggesting they switch.
Trustee Brooke wondered where and how the data that was collected would be used. He stated that he had read an article about a community where a system like this was employed and the data was subsequently run against crime databases and this created discord within the community. His original support for the system came from the fact that he is all in favor of using technology to dimmish manpower and strain on the Police Department. He wondered whether the data collected would be solely for use within the Village or if there would be a connection to a larger database.
Chief Conklin responded that in 2016 the Village had purchased two license plate readers with one installed at each gate. These are connected to a larger law enforcement database. When a car comes through the gate, if it suspended by DMV or if somebody connected with that plate is wanted for a crime that alerts the officers and they take police action. This system has been in effect since 2016 and will remain in effect. The only database associated with the new system will be an internal server that reads license plates and checks the system to ensure that the plate numbers are approved for access. The information is not shared with any other databases.
Trustee Brooke responded by suggesting that perhaps the associated expenses should be picked up by the tax rolls rather than the residents as the Mayor has proposed. Residents already pay a substantial amount in taxes. He likened it the Wee Wah Beach Club, referencing a plan (which has not yet been publicly discussed) to provide the Beach Club with $25,000 of taxpayer money to be used for property enhancement and in exchange, all Village residents would be granted access to use the property.
Trustee Scherer commented that he felt the proposed system made sense from a security prospective. “Right now, we really have no idea who is coming into the Park, other than people who have tags,” he noted, further suggesting that having all of the data on who was entering where and when would hopefully help the Village to make smarter decisions moving forward. To the extent that it can create better efficiency, the system should ultimately pay for itself over time. While he is open to having a discussion about it, he wondered if there was actually a need to charge the Taxpayers.
Mayor McFadden responded that the use of the system would increase security for residents because it would allow them to focus on non-residents. Additionally, residents will be able to enter the plate numbers of their guests into the system via an Ap, allowing them access without having to stop at the Gate. Further, the Ap can be set up to alert them when their guest has passed through the Gate. “For these conveniences there is a cost to implement the system. There is a man hour cost. There is a labor cost. There is an annual fee of $6000 to run the database and so forth. In talking to people, I have talked to they are more than happy to pay a $15-$20 fee for the 3rd and 4th and 5th car as a processing fee. It’s a one time fee. So for example, my family would pay for 2 cars….$29.99 per car…one time…for processing to offset the labor cost and the expense of the system. After that, the third car would be $15.95 and it goes on. Relatives can now get a tag…it’s a one-time fee. Everyone except contractors and domestics. None of those people pay. I am more than happy to put this out to the public and ask them if they are willing to pay a one-time processing fee and we can use that as feedback. If they are not willing, we will adjust. I think the point is that all of us can sit here and speculate. Anecdotally, people have told me it is no problem…then again it might be. What I would like to do tonight is just approve Safe Passage and move forward and then in terms of admin, we can kick it around. I had hoped to have proposals in place in time for this meeting but it did not happen. That is why we are sitting around now at the last minute debating this.”
Trustee Shaw commented that what she liked about the Safe Passage proposal is that they would charge by household and not by the number of cars. She doesn’t feel that those residents who happen to have a lot of cars should be penalized and that if they proceed with charging the residents, it should be by household and that non-residents should be charged by number of vehicles.
The Mayor responded that this was an interesting idea. He suggested they do a resident survey. He believes that it is only fair and equitable that those residents who have more cars would pay more of the processing fee, but there is plenty of time for them to go out to the Public.
Trustee Brooke suggested that they should support the system and then tinker with the plan until they found something that would be agreeable for everyone. Perhaps each family would be granted two cars for free and pay a fee for additional vehicles.
Noting that the plan called for all vehicles entering the Village to be added to the database, Trustee Kasker wondered how this would be enforced. Would operators of vehicles not in the system be forced to fill out a form upon entry?
Chief Conklin responded that vehicles not in the system will be directed to park in the lot by the Keep and that the officer would come out of the booth with a tablet and vet the vehicle in order to provide a temporary pass. “Meanwhile if residents come up, the gate is going to open and close for efficiency.”
Trustee Kasker wondered whether the Chief was in support of the residents having the power to enter guests on an Ap.
The Chief responded that if this were to become an issue, they could easily disable the service.
Trustee Brooke commented that if he were to have a bunch of people coming over for dinner, he would not want to have to collect their license plate numbers beforehand in order to allow them access. He would prefer to let the gate know that he had multiple people coming.
Trustee Kasker noted that he was aware of an HOA that had to disengage this same service because it was being abused by their residents. “I’ve seen this happen before,” he stated. “The line of people that are going to have be in process that aren’t registered is going to be an enormous burden on the Police unless this is thought all the way through. I am not 100% convinced that this is right and I am adamant that unless we have an agreement that residents aren’t going to pay that I am not in favor of this system. I don’t want to kick this can down the road and say we will talk about it later. I may be the only no vote, but I am a no vote now until I know that residents don’t have to pay a fee. The question is…I show up to come home and I don’t feel like paying a fee…what are you going to do? Are you going to not let me come in the gate?”
“No, you just can’t come in automatically,” replied the Mayor. “If you want to be that guy, be the guy! Whatever…don’t pay. If the Village decides to charge a fee and you don’t want to pay…you can protest it! I don’t know. What do you want me to say?”
“The other thing to think about,” countered Trustee Kasker, “is that all these systems are on HOAs and private businesses. They don’t have schools and country clubs that can generate revenue.”
Mayor McFadden responded that this was not true, indicating that the one of the references they had called had a Club inside of it.
Chief Conklin commented that one of the issues that the Village had struggled with for years was getting tags back after residents either moved out or employees of the Club and the School had moved on from those jobs. “There are so many TP stickers floating around out there. They are like collectors’ items.”
Trustee Kasker pointed out that the stickers had expiration dates.
Chief Conklin replied that resident stickers never expired and the last time they had been updated was 7 years ago. “You have those tags floating around out there. You see them all over the place and it gets confusing after a while.”
Trustee Brooke commented that the suggestion that those individuals who were not in the system would have to park to the side and then have an officer come over and collect information was exactly the sort of thing that would turn him against the system because it was a cumbersome process. He believes that vehicles should pull up to the gate, provide a name and destination, be photographed and allowed to enter. This is essentially the way the current system works and he does not want to institute a system that is going to be more cumbersome that what exists. He believes that they can put in the system as-is and adjust to it, but he wants to be something that is not burdensome to the residents. “If you are taking somebody like a plumber who has got to go sit and wait to put in all their information…. I’m never going to ask guests who are coming to a dinner party for their license plates…ever!!”
“You do not have to do that,” responded the Mayor. “If somebody says that they are going to your house for a dinner party and you decide that you don’t want to be somebody that would register their car, they’ll wait and another person who puts their guests in will drive right through when the gate lifts up.”
“If that’s the way you are seeing it,” stated Trustee Brooke, “I am changing my vote to a no, because that is cumbersome to the police and user-unfriendly to residents. The current system works reasonably well.”
“No, it doesn’t,” stated the Mayor.
“What are our crime statistics here?” asked Trustee Brooke.
“We have people coming through and we don’t know who they are,” the Mayor replied.
“What is our crime statistic?” Trustee Brooke asked again. “What are the numbers?”
“It’s good, but we would like to make it better,” stated Mayor McFadden.
“What are the numbers? Don’t give me ‘it’s good!’ Give me a God-damned number and I’ll know what investment I want to make to protect our safety. My sense is that I want this to be a user friendly community. I don’t want to create hostility towards coming and visiting. I want to create land values that can go up. The idea of having people wait while some policeman, who is letting all these cars I, has to break and go down…that is just not constructive for how a community should work.”
Mayor McFadden reiterated that should the officer need to leave the booth to register a visitor, everyone who was already registered would still be able to pass through.
Trustee Scherer reiterated that he was supportive of technology. That being said, he feels that the issue raised by Trustee Brookes is an interesting one. There are a lot of parties in the Village and sometimes they are large. It is not unheard of for somebody to have 30 or 40 guests and he understands the reluctance to ask people for their license plate numbers. What about individuals who don’t know their license plate numbers because they are traveling by Uber? He wondered if there might be a work-around to the issue. The system that they are putting in place should make people’s lives easier and not more cumbersome. In his view, there has to be a better work around then pulling people off to the side and inputting information via tablet. The risk is that they would have to pull 15 cars over at the same time as they are arriving at the Village for a party. “Again, I’m supportive of the system. I think we are raising valid issues tonight that need to be addressed. I think that Trustee Brooke raised one that is legitimate and frankly somewhat unique to Tuxedo Park. We like to have big parties.”
Trustee Shaw noted that she was receiving comments from residents and that she felt there could certainly be a hybrid where residents would register their vehicles and then if they were going to have a party on a given date, they would simply call the gate and tell them that they were expecting a large number of cars. “As long as they know that there is an event and that people are all traveling to the same location, I don’t see why we couldn’t work it out.”
Trustee Scherer suggested that perhaps they could develop codewords for specific events.
Trustee Shaw added that she felt it was “sort of creepy” for residents to register cars that did not belong to them. “For sure residents should register their cars if they want the automatic gate access and if they don’t want to register, then they will have to stop every time,” she added, reiterating that she felt they could develop some sort of hybrid solution.
Mayor McFadden suggested that there would be residents who were expecting deliveries who would want to be able to enter the appropriate information and then receive a text message when the delivery vehicle passed through the Gate. He feels there is definitely room for some compromise when it comes to registering for a party.
Chief Conklin commented that the whole point of the visitor management system was to allow every day guests automatic access via registration. For a big event, visitors would come to the gate as normal.
Trustee Brooke noted that if it didn’t work, he would be the first one to recommend that they disable the system and go back to what they had in place previously. He is very concerned that the proposed system is going to be both cumbersome and user-unfriendly. Provided that the police work with them to develop a work-around then they can go forward with it.
Chief Conklin noted that the administration of the system had not yet been put in place and that the only thing they were discussing was whether or not the Village wanted to move to this type of a system. “As far as whether we are going to allow residents to enter guests…that is a decision that the Board needs to make,” he stated.
Following some further discussion, it was suggested by Trustee Brooke that the Chief was aware of the concerns and that they should accept what was being proposed and moved on.
Public Comments:
Marc Citrin commented that he was speaking on behalf of the Wee Wag Beach Club, primarily with regard to the report that had been provided earlier and specifically pertaining to the reference therein that the Beach Club had submitted a 2022 lease and therefore the committee did not believe it had been necessary to contact them to discuss the possibility of co-management or some other arrangement for the summer of 2022. “On August 18th I stood before you (Mayor and Trustees) and I asked specifically on the record for the committee to contact me or the President of the Wee Wah Beach Club to begin negotiations with respect to the summer of 2022. August came and went. September came and went and here we are in October. Pursuant to the 2020 lease, the terms required us to submit a proposal for a lease for 2022 by October 31. So, by mid-month, having not heard from the Committee or anybody from the Village to begin the negotiating process, I felt it was necessary to put forward to the Board a proposal with respect to 2022. I am here today to tell the Board that we are still ready, willing and able to engage in substantial negotiations with the Committee or any designee of the Board with respect to a renewal of the license agreement for 2022. I want to make it clear that the fact that they did not reach out to us was not our fault because we were waiting for a call because we had asked for a call…and that call never came. So, I would respectfully request that the Mayor, the Board or a representative of the committee reach out to either myself or the Beach Club President Bonnie Takeuchi or Vice President Jennifer Darling to engage in negotiations.” He further commented that he appreciated the suggestion made earlier by Trustee Brooke with regard to the allowing Village residents full access in exchange for a grant funded by taxpayer money. Noting that he was not committing to this, he suggested that this was the type of discussion they were hoping to engage in. “All we ask is that you sit down with us and we begin a conversation so that hopefully we can reach fair and just resolution and renew this agreement for next summer.”
Jake Matthews thanked the Board for their earlier discussion regarding the automatic gate access. He believes that Trustee Brooke raised some strong points. “Really, what are the crime statistics here? I understand that the police force has a very difficult job in vetting everybody that is coming through the gate and there are thousands of trips a month, but if you look at private communities in the area, every one of these communities that has a gate is jammed up in the mornings because contractors are coming through. If you look at Smoke Rise down in New Jersey or Mansion Ridge up in Monroe…this is a natural scenario when you have a gated community with a rush hour.” He encouraged the Trustees to think the system through very carefully and if approved to take a close look at how they were going to set it up so that it doesn’t become a burden to both the Police Force and the residents alike. “There is one channel through that main gate and it is difficult if you are pulling cars to the side. It’s a small parking area.” Further noting that they had only just reinstated the Booth, Mr. Mathews suggested that to institute another new system right away could be putting a lot on both the residents and the police force. He implored the Board to proceed carefully and with caution.
Claudio Guazzoni commented that he wanted to be fully supportive of the Mayor. He stated that he had been the one to set up the automatic license plate readers back in 2016 and he believes that if the Trustees are not aware of the crime statistics in the Village, they should have a private conversation with the Police Chief and the Mayor. “There are TROs out there. My house has been burglarized. The Mayor’s house has historically been burglarized. We want this to be a safe community. That someone with tags from two or three years ago that don’t expire is allowed back into the Village does not make it safe for anyone. So I just want to express my full support for the Mayor here with the automatic gate opener.”
Consent Agenda:
The Board voted unanimously in favor of approving all the items on the consent agenda as noted on the published meeting agenda with the exception of the contract for the Gate Opener and with the addition of the expenditure of $2,850 for a new transfer switch for the generator at the Village Office. Replace Tekwave with Safe Passage as Auto Gate Opener Vendor:
The Board voted 3-1 in favor of making this change with Trustee Kasker voting against.
Regular Agenda: Resolution to Pass LL-2 of 2021 – Marijuana Opt-Out – The Board voted unanimously in favor of passing LL-2 of 2021 pertaining to marijuana opt-out. Resolution Authorizing W&S to Produce Concept Diagram for DPW & Office Relocation- Mayor McFadden noted that he had circulated a list of proposals that the Village has received from their engineers for relocating the DPW & Village Office to a piece of property owned by the Town. In order for the Village to determine how much land to ask the Town for, they need to have a professionalize analyze the type of layout they will need and how many square feet they will require via a concept diagram. The lowest price they received for this service was $3,900 and that Mayor would like to move forward.
Commenting that he was unsure as to how the Town property was currently zoned, Trustee Kasker inquired about the legal process wondering whether they would purchase the property as-is and then re-zone it. Mayor McFadden responded that the Town would re-zone it. Trustee Kasker wondered whether the property would be annexed and then re-zoned. He further noted that the Town was currently updating their zoning code and that he wanted to make sure that the property could in fact be rezoned before the Village invested money into it. “They are doing a re-zoning,” stated the Mayor, “and they are very much interested in maintaining the baseball field integrity and other areas along that front because they want to zone it for commercial and they see that as a potential way to expand our Hamlet. If it doesn’t encroach on that, we will be able to discuss it. It’s a catch-22. We can’t do that until we know how much land we need. There is a risk. If the engineers come back to us and say that we need to encroach into the baseball diamond, it’s a dead deal.”
Trustee Kasker noted that the bottom line was that if they moved forward with this, the Village Office and DPW would become part of the sewer complex. “The question for the Town is…who is going to build next to a sewer plant anyway, so let’s let the Village do what they want with it,” he stated. The Board then voted unanimously in favor of authorizing the expense. Discuss Retaining W & S to Explore a Grant for a Solar Farm on Village Property for Resale and Credit to the O & R Power Grid – Mayor McFadden commented that he had been thinking about this idea while on his recent vacation and felt that the Village should explore it. Resident and Candidate for re-election to the Town Board Jay Reichgott also brought up the idea of Hydro and related grants. Trustee Kasker recommended that they also bring Jim Hays into the conversation. “We have a lot of Village property that is unbuildable and could be out of the public view,” stated the Mayor. Trustee Brooke commented that they should explore it but one of the issues would be whether or not O & R was committed to changing policy with respect to buying power from people who have done this. Trustees Shaw and Scherer were both supportive of the idea. Wee Wah Park Committee Contact Drawing – The Wee Wah Park Committee has gone out to several landscape architecture firms to receive some concept drawings for the park in terms of its’ potential. The Mayor wrote the RFQ. The companies have been asked to compete and therefore the drawings will be provided at no charge. The firms have visited the site and the committee anticipates receiving the drawings within a month. The next step would be to discuss with the Trustees moving forward with one of them and establishing a strategy for moving forward. Would the Village be willing to pay for this? Would they be looking for donations?
Trustee Kasker asked the Mayor what the proposed foot print for the project is.
Mayor McFadden replied that currently it was the existing property but if the DPW is relocated the potential is there to expand and add a phase 2 “which would make it spectacular,” he commented. All of the Trustees were in favor of moving forward. Discuss Proposed 2022 Revocable License Agreement Presented by Marc D. Citrin on Behalf of the WWBC Executive Committee- Mayor McFadden stated that the WWBC had sent a proposal for the 2022 season. Noting that the Trustees had all heard both the Committees report as well as Mr. Citrins’ response, the Mayor stated that he felt the situation spoke for itself. “Personally, I would have preferred that if the WWBC was interested in negotiating that they had made that identification in the cover letter, which they didn’t, but it’s not big deal,” he commented. His recommendation is that they ask the Committee to interface with the Club to see what they had in mind in terms of negotiations. He feels they should be open and willing to negotiate with them for next season. The Village has a number of options and he feels that they pursue them all and that the WWBC should be part of that pursuit. Trustee Brooke suggested that he could discuss his ideas with Committee Chair Denise Tavani. He suggested that she should look at what the Club has proposed, mark it up and present it to the Board and they could opine from there.
Trustee Kasker stated that he felt it was in the best interest of the Board to not continue this policy discussion through the budget process. “Let’s get our crap together, figure out what the solution for the Wee Wah Beach Club is before January when we are knee deep in budget discussion and tax assessments and we have little time and patience for dealing with the WWBC and so we don’t run into what we did last year…where we are trying to launch the summer season and we are still knit-picking over how the Beach Club is going to be run. 60 days…wrap it up…it shouldn’t be that hard.”
Trustee Brooke agreed, commenting that it was a document that they could build on and that they simply move forward and get it done. “I don’t want to re-build the Wee Wah Beach Club. There are a bunch of people who want it and they are Town people and Village people and that’s great,” he stated. “I would like to improve it by making a grant to them and in exchange for that grant creating a simpler system where everybody in the Village is a member..and I guarantee you that there will be greater usage of the Wee Wah Beach Club by the Village if that occurs.” He stated that he would call Denise Tavani by the end of the week and ask her to interact with Marc Citrtin and they would take it from there.
Other Business:
The Board voted unanimously in favor of accepting a proposal for a 5-year tax exempt lease purchase of one freight liner M2106 and hydraulic spreader for the DPW at a cost of $148,031 and one police interceptor at a cost of $47,895 with 5 annual payments of $43,260.98 will be made and charged to budget code 3120.22 and $10,815.24 charged to 5130.2, which equates a fee of $32,4445.74.
The Board then entered into an executive session to discuss the employment matters of three persons as well as an ongoing legal case.
VIllage Board to Hold Public Hearings on 3 New Local Laws Monday October 25 @ 6:30pm
On Monday October 25 the Village Board of Trustees will hold 3 public hearings related to three proposed pieces of legislation.
The First (Draft Local Law #2 of 2021) is a local law opting the Village out of allowing retail cannabis dispensaries and on-site consumption establishments within the Village.
The second (Draft Local Law #3 of 2021) seeks to amend the Zoning Code so that the Board of Architectural Review will no longer have any authority over the review and approval of project site plans, placing this responsibility solely in the hands of the Village Planning Board. The third (Draft Local Law #4 of 2021) aims to modify the size of boars permissible on Tuxedo Lake while also enacting further provisions governing the erection of docks and size thereof.
Copies of the draft local laws can be viewed here:
Village Board of Trustees Meeting September 21, 2021
The Village Board of Trustees held a special meeting on Tuesday, September 21 at 7pm. All members were present. Trustees Shaw and Scherer participated virtually.
Mayor’s Comments:
Mayor McFadden opened the meeting by apologizing for the events that transpired when the regularly scheduled meeting had been hacked the week prior. He further reported that Chief Conklin had contacted the DA following the incident, but had learned that ultimately the Village was at fault because they had not properly secured the meeting through their zoom settings. Village meetings are public, and thus the access link must be made available and once the hackers were inside the meeting, they were within their First Amendment rights to say whatever they wanted to, no matter how vulgar. After the meeting was cut off, the Board approved the consent agenda as well as two other time-sensitive items prior to adjourning. All other items were tabled and added to the agenda for the Special Meeting.
New Business: Approve the Quote for the Automatic Gate Opening System for the Main and South Gates –
Following some discussion with regard to funding, the Board unanimously approved quotes for an automatic gate opening system at both the Main and South gates as well as new vehicle tags for residents. The costs are as follows: Main Gate System - $8,820, South Gate System - $11,450, Vehicle Tags - $23,000. The system will create the need for new vehicle tags as there will now be active tags and passive tags. The passive tags are akin to what is currently used, while the active tags will be for residents/property owners and will stimulate automatic opening of the gates. The active tags cost $10.50 each. “We believe that re-selling them and marking them up will pay for the system, the tags and potentially a fund dedicated to security at the gates,” stated the Mayor. This is to be determined by a plan that is forthcoming from Trustee Kasker and Chief Conklin, which will be reviewed and adopted by the Board. For the purpose of clarification, Trustee Kasker added “I think tax payers have some obligation to pay for the security. We do that with the Police Force and I want people to buy the tags, but I don’t want the Village to profit from the tags.”
Mayor McFadden countered that even if the Village chose not to charge for the tags, the residents would still be paying in the form of their taxes.
It was agreed that this discussion would be continued once the plan had been presented.
A member of the public inquired as to why the system at the South Gate cost more than the one at the Front Gate. Mayor McFadden responded that the system at the South Gate was operated via a kiosk and that it would contain a number of additional features. For example, when they are expecting guests, residents will be able to log into an APP and enter the appropriate information which will allow their guests South Gate access. Air Scrubber Presentation.- Announcing that he had recently partnered with a company called Polera, VillageAflac representative Joseph Brennan presented the Board with information regarding an air scrubber, which he made operational during the meeting. The machine is capable of sanitizing all hard and soft surfaces in a 2000 square foot space within one half hour. It also reduces SARS Covid-19 within 3 minutes air-born after it has been switched on. It was agreed that the Mayor and one other Trustee would meet further with Mr. Brennan and a representative of Polera to learn more about the equipment. Tree Advisory Board – Representing the Tree Advisory Board, Christopher Gow informed the Board on various types of invasive species, both harmful and benign, including Sumac, tree of heaven, devils walking stick and Japanese knotweed among others. Samples of each were presented as part of the presentation. Public Comment:
There was none.
New Business Continued: Approve the Quote for Upgrading of Security Cameras at Main and South Gates:
The Board voted unanimously in favor of approving quotes for the upgrading of security cameras at both the Main and South Gates as proposed by Chief Conklin. The costs are as follows: Main Gate Camera - $4,300, South Gate Camera - $4,000. Approve New Payroll Vendor Payserve- Following a brief discussion, the Board voted unanimously in favor of approving the new payroll vendor Payserve. The cost of the service is essentially the same as what the Village currently pays, but it is much more efficient. Approve the Village Identity Signage for the Main Gate – The Board voted unanimously in favor of approving new identity signage to be installed at the Front Gate. The sign will look much like what was historically there and will cost $3,245. Clickhere to view the design. Discuss Swimming and Other Matters at Wee Wah Lake Park – Commenting that he would like to have a discussion on swimming at the Wee Wah, Mayor McFadden stated that any swimming there requires a permit from the Department of Health. The current permit held by the Wee Wah Beach Club has expired. Additionally, life guards are required, however the Mayor would like to avoid this and instead institute a swim-at-your-own-risk policy. This would only be possible under certain circumstances and the Village would have to receive a formal exemption from the Health Department. The Mayor has asked the Village Attorney to contact the Health Department and investigate the exemptions. “The pros of not having lifeguards are many, including expenses and opening longer hours,” he stated, further inquiring whether the Board would like him to pursue the exemption strategy.
Trustee Brooke suggested that in the absence of lifeguards, swimming should be prohibited. The park can be used for gathering and BBQ, but swimming is prohibited unless it occurs during Wee Wah Beach Club operational hours.
Mayor McFadden responded that they could do this, however there are residents who are interested in swimming now and so he was inquiring on their behalf. He asked Brian Nugent, Village Attorney, to further outline the issues.
Mr. Nugent explained that if the Board was looking to have swimming “at your own risk” outside of Beach Club hours ,it would likely require a variance from the Department of Health, assuming the Village holds a permit for a bathing beach. If swimming is prohibited aside from when the Beach Club is operational, then nothing needs to be done as there is already signage posted at the property indicating that swimming is prohibited unless there is a lifeguard on duty. He added that he could not guarantee that the Village would be able to acquire a “swim-at-your-own-risk” variance, but all the same the Board first needs to decide what it is they want, and then they can pursue it. If the Village wishes to maintain a beach on the property, they will also require a Department of Health permit and the DOH regulations require lifeguards for swimming.
For clarification purposes Trustee Scherer asked Mr. Nugent to confirm that if the Village posted a sign that said no swimming without lifeguard and then somebody went swimming anyway and got injured, the Village would NOT be liable, however if they did not post such a sign and somebody went swimming and got injured, the liability would fall on the Village.
Mr. Nugent confirmed that if there was no signage it was more than likely that the Village would face the risk of liability.
The Mayor suggested that there was, in his view, precedent for getting a waiver. “You can currently swim in Pond 3 if you are a resident of Pond 3 year-round, without a lifeguard and at your own risk. Also if you own property on the Wee Wah, you can swim in the Wee Wah right now at your own risk. So, what I would hope to ask the Department of Health is, based on that, is there a reason why we need lifeguards for people who would like to swim but do not own property on the Wee Wah.”
Mr. Nugent pointed out that the distinction was the beach. If the Village maintains a bathing beach, which requires a DOH permit, that is where the regulations come in, but if you are just a lake, without a beach, none of these requirements are relevant. The beach is what is regulated by the State.
“Swimming in the Wee Wah at this time is one of the most wonderful things in Tuxedo Park,” stated Sally Sonne. “I have lived here a long time and this is a game-changer! It is fantastic!” She further noted that there was a select group of residents who were swimming now utilizing light-weight buoys to swim into the middle of lake. They like to access the water via the beach because it is convenient and they can park there. If they are unable to continue the practice, she understands that they will have to find access from another spot but she is hopeful that it will become something they can do from the beach at their own risk. “We’re very careful,” she stated. “We are swimmers and I don’t think anyone would swim there who isn’t a swimmer. I think it should be almost required to have one of these flotation buoys. They are really cheap and can be purchased at Amazon. It is a game changer. It is wonderful. The best thing I have done in Tuxedo Park in all the time I have been here.” She added that she hoped the Board would do everything they could to make it possible. “It’s nice to have things in Tuxedo Park that people can enjoy.”
Jay Reichgott commented that swimming along in cold water was definitely a risk in his view. “Wear something bright so we can find you in the spring,” he joked. He continued on to say that it was very unclear at the moment what the rules are at the property. “There is a sign that says no swimming without lifeguard. Very clear. There are people who are swimming. There is a use of the Park by village residents and their guests, which is always allowed except when the Beach Club is operating, but there aren’t any rules about what is and what is not permitted at the Park. For example, are dogs allowed to run free at the Park and who is supposed to clean up after them? Who is picking up all of the cigarette butts…and all of the other things that go along with a public space? We don’t want to wind up in a tragedy of the common situation where everything goes to hell because everyone is sure that “that guy”was supposed to take care of it.
It would be useful, especially while this process is in flux, if we have some guidance form the Trustees and the Mayor as to what is and is not proper there.”
The Mayor responded that the park was currently open from sunrise to sunset. People need to take away their own garbage. The noise ordinances are in effect. There is no leash law, but people are supposed to clean up after their dogs. There is a dispenser at the entrance of the park that provides baggies for picking up dog excrement. The Board can certainly discuss any further rules and regulations and consider a variety of things such as signage and so forth. The DPW has been instructed to clean the bathrooms and the Village is stocking them with toilet paper, hand sanitizer and paper towels. The Bathrooms will remain open until the wintertime, when the DPW will take responsibility for closing them up. “Right now I don’t see any urgent matters that would cause destruction or harm to the park,” he commented adding that he took Mr. Reichgott’s comments to heart and would look into them.
Trustee Brooke suggested that perhaps the best thing to do would be to install a single sign near the entrance letting people know that swimming was only permitted when life guards were on duty and that they needed to pick up after themselves and their dogs. One simple set of rules to be agreed upon by the Trustees, signed off on by the attorney and posted.
Mayor McFadden and Trustee Kasker agreed with this suggestion. With regard to the issue of swimming, Trustee Kasker added that he appreciated both Mrs. Sonne’s and Mr. Reichgott’s comments. Although there are some obvious dangers associated with it, there are other Village residents who own property there who already doing it and there is nothing the Village could or should do about it. “We have to let adults be adults,” he stated, reiterating the importance of clear signage. Approve payment of $711.02 to Resident Ed Cromey as Reimbursement for a Vehicle Accident with a DPW Vehicle – There was a differential between what was paid and what was unpaid following an accident involving a DPW vehicle and the involved resident, Ed Cromey, is asking the Village to make it up. The Mayor suggested that the money would come directly out of the DPW Budget and if the DPW Superintendent wished to then address that with the employee in question, it would be his prerogative to do so. The Board voted unanimously in favor of approving the reimbursement. Accept Resignation of Police Officer Louis Roman – The Board voted unanimously in favor of accepting Officer Roman’s resignation. Approve a Resolution Authorizing Legal Counsel to Execute Extension of December 23, 2015 Agreement Between The Village of Tuxedo Park, Michael Bruno and Alexander Jakowec -
Mr. Nugent has requested that the BOT pass a resolution authorizing him to extend the MOA.
The process has been somewhat dragged out and the Village still needs to schedule a joint hearing with the Town of Tuxedo on the annexation petition for the parcels that were to come into the Village regarding Michael Bruno. Mr. Nugent will work with the Town to try and schedule the hearing at the Town Hall prior to one of their Town Board meetings. He has been in touch with Mr. Bruno’s attorney, who is agreeable to the extension. The annexation ties into the acceptance/issues with the roadway that runs along one of the parcels that Mr. Bruno now owns which is outside the Village but adjoining the Village boundary. Part of the deal was that he would Annex this property (he inherited Tuxedo Farms’ obligation to do so back when they owned it.). Extending the MOA won’t do anything except to allow time for the Village and the Town to schedule the necessary joint hearing which will move the process forward.
Mayor McFadden inquired as to whether the Village had the ability to decide not to sell the paper road at this point, or if it had already been sold. “Can the Trustees intervene without intervening in the Annexation of the property?” he asked. Mr. Nugent responded that he would have to look at the specifics of the agreement but that he believed annexation had to occur before that portion of the road could be transferred. “So, if we were to pass this resolution giving you the option to extend it, would that in any way prejudice a vote by the Trustees not to transfer the paper road?” Mayor McFadden asked. The answer was yes. Mr. Nugent recommended that if there was a question of not moving forward with the transfer, that they consider holding off on the extension until he could further investigate/review the agreement. The Mayor then stated that there were people in the Village who felt that the Village should not be selling the paper road and he did not want to move forward in a way that might prejudice the Village against voting against selling the road. Ultimately, the Board voted in favor of authorizing the Mayor to sign the extension subject to an attorney-client-privilege session and confirmation that the Brook Farm Road parcel does not have to be transferred under the agreement if it is executed.
The Board then entered into an executive session to discuss possible litigation and the employment of a particular person.
Village Board of Trustees Meeting September 15, 2021
The Village Board of Trustees met on Wednesday, September 15 at 7pm. Board member Josh Scherer was absent.
Mayors Comments:
Mayor McFadden reported that functionality at the booth continues to improve. A camera has been positioned on vehicle tags, allowing the officers in the booth to more clearly see them. This will facilitate better efficiency. The Board will also be discussing the possibility of an automatic gate opener, much like an EZ Pass System, to be installed at both the Front and Back gates. The Mayor thanked the Chief and his officers for all of the extra time they have put in on this project, learning the new system and making do with construction while they have been on the job. He also thanked DPW Chief Jeff Voss and his team for the excellent work they have been doing on a series of special projects put in place by the Village and tied to improving the daily quality of life for residents. Some of this work includes the installation of a Garden at the Front Gate utilizing left over granite from the dam project as well as planters in both the front and back of the booth.
Reports:
Click here to view the Police Report
Click here to view the DPW Report
Click here to view the Construction/Building Report
Click here to view the Town Liaison Report
Mayor McFadden commented that should any residents see a gas-powered motor on Tuxedo Lake, they should know that this is the Village Lakes Manager, who has requested permission to use a gas powered motor to conduct his annual survey. This will cut down on the billable time and therefore the Mayor has authorized it.
On Behalf of The Tuxedo Park Garden Club, president Bryna Pomp announced that the annual fall plant-a-thon will take place on Saturday, October 5 beginning at 9:30am. Club members will be In various spots throughout both the Village and the Town including the Front Gate, the Centennial Wall, the Club Triangle, the South Gate, the Post Office, the Library and the Town Hall. They will be planting both perennials and annuals. The Saturday prior to Thanksgiving, the Club will be hanging holiday wreaths in both the Village and the Town as well.
On behalf of the Village Welcoming Committee, Mrs Pomp reported that the group would be meeting in the coming weeks to discuss implementation of the initiatives that the Village has undertaken in this capacity. A section of the new Village website has been dedicated to the committee. With so many new residents in the Village, Mrs. Pomp feels that this could not have been timed better. “Everyone is really appreciative of receiving much of the information that they need to facilitate their lives in the Village from one source,” she stated.
Mayor McFadden added that the group had also discussed the idea of paying new homeowners a visit for the purpose of introducing themselves and answering any questions they might have.
At this point in the meeting, unidentified hackers broke in and began spewing a wide array of profanity while broadcasting pornographic images across the screen. This continued for some minutes before the Village finally disconnected from the meeting entirely.
After disconnection, the Board voted to approve the items listed on the consent agenda. They also addressed two time sensitive items including approval for the writing of a Sewer System Operating and Maintenance Manual by our Village Special Engineer Weston & Sampson as required by the EPA and the awarding a vendor contract to install a new valve in the water system on East Lake Road before deciding to end the meeting. A special meeting will be held on Tuesday, September 21 beginning at 7pm at which time the remainder of the agenda items will be discussed.
Public Hearing for Local Law Introductory #1 of 2021 (pertaining to Resident use of the Wee Was Lake) August 18, 2021
The Board of Trustees held a Public Hearing on Local Law introductory #1 of 2021, A Local law to repeal and replace village law § 65-4, rules and regulations applicable to Wee Wah Lake., on August 18, 2021 at 6:45pm. Trustee Paul Brooke was absent and Trustee Tinka Shaw joined by Zoom.
To listen to a recording of the hearing, click here.
The public hearing was closed, after which the Board voted in favor of adopting the law, a copy of which can be found here.
The Village Board of Trustees met on July 21, 2021. All members were present. Trustee Josh Scherer attended remotely via Zoom from Santa Monica, CA.
Mayor’s Comments:
There were none
Reports and Minutes:
The reports and minutes were unanimously approved by the Board.
Click here to view the Police Report
Click here to view the DPW Report
Click here to view the Construction Report
Click here to view the Water Report
Click here to view the Justice Repot
Click here and here to view the Treasurer’s Reports
Building Inspector John Ledwith gave an update regarding on-going Engineering projects with Westin & Sampson. Click here to view this update.
Mayor McFadden asked DPW Superintendent Jeff Voss to comment on the on-going hydrant flushing project. Superintendent Voss responded that things were progressing well. The department expects to be done in the Village by Monday, July 26 at the latest and then they will begin work in the Town.
Trustee Brooke inquired about a recent water leak that had been discovered behind the Gulf Station. He was informed that a large leak had been discovered at the Service Station line, approximately 450,000 gallons per week. Fortunately, they were able to locate and repair the issue within two days.
Public Comments:
There were none.
Old Business: Discuss Eurasian Watermilfoil Eradication – The Board voted unanimously in favor of authorizing Mayor McFadden to sign an agreement with Solitude Lakes Management allowing the use of the herbicide ProcellaCOR in Tuxedo Lake, Pond #3 and Wee Wah Lake to assist with the eradication of Eurasian Water Milfoil. The schedule will be determined by lakes manager A.J. Reyes of N.E.A.R. in conjunction with Solitude lakes Management and shared in advance with the public. As Mr. Reyes is working with Lakes Committee Chair Jim Hays to develop a 10-year management plan for the Village lakes, and in deference to this, the herbicide use will only be approved for one year in hopes that they can dove-tail into the long-term plan once it has been completed.
Trustee Kasker commented that it was his understanding that there was still a permitting process to undergo. Mayor McFadden concurred, further commenting that Solitude Lakes Management was currently pursuing the Special Permit required from DEC. “If this season when we get the permit is not the appropriate time to do the treatment then we will wait until next spring,” he stated. “The decision will be made when we get the permit.” He further reported that earlier that month, in between meetings, he had approached Trustees Shaw and Kasker for their oral permission to write a down payment check to Solitude Lakes Management so that they could move forward with pursuing the Special Permit as “time was of the essence.” The Board then voted unanimously in favor of retroactively approving that payment. Discuss Village Land Use of SECTION 104, BLOCK 1, LOT 34, and totaling 8.6 Acres (otherwise known as the Wee Wah Beach Club & Village DPW Properties) – The Mayor opened the discussion by stating “The idea is to have the attorney draft a local law allowing the Village residents to use the facility during the summer when the WWBC is under lease to that property. Right now they are mutually exclusive.” He then read the following resolution into the record: Draft Local Law #1 of 2021 – Use of Village Property: Be it resolved that the Board of Trustees is scheduling a public hearing on Wednesday August 18 at 6:45pm for the purpose of hearing comments on Draft Local Law #1 of 2021. Trustee Kasker commented that it was his understanding the New York State Park Law did not allow exclusive use of parkland anyway so this would likely be a good way to get the Village books in line with State Law.
Trustee Brooke inquired as to whether or not anybody living in either the Town or the Village had the ability to join the Wee Wah.
Mayor McFadden responded that Town Membership was limited to those who reside in the Hamlet, but anyone living in the Village could join.
Trustee Brooke next wanted to know whether or not the Village would be making a contribution to help improve the facility in exchange for the open access as proposed.
“This could lead to something like that,” responded the Mayor. “It actually is saying that since the typical hours of the WWBC are 1-8pm, 7 days a week, Memorial Day through Labor Day, between the hours of 8am-1pm no one in the Village is allowed to use the facility. So this law is going to revoke that and allow us to have full access…and it sets the stage for discussions with the WWBC for operating next year. It’s something that we need to do to take this off the books.”
Trustee Brooke wondered whether the allowable hours for the WWBC would change to be in synch with what had been proposed and if they would remain the same.
The answer was that they would remain the same.
The Trustees then voted unanimously in favor of approving the resolution. Discuss Gatehouse Construction – The booth project is well underway and the Village has received favorable feedback from residents. In order to counteract the increased costs associated with labor, outdated bids, inflation of prices associated with construction materials, vendor costs and extras, the Mayor requested that the village raise the budget cap from $125,362 to $135,000. This is necessary because it is evident that they will exceed the previously approved budget amount. The good news is that taxpayer dollars will not be used as the Village has received donations that cover the overages.
The Trustees voted unanimously in favor of approving the increased budget.
Trustee Brooke inquired as to whether or not the project had been approved by the Board of Architectural Review. The answer was yes.
New Business: Discuss Landscaping of Village-Owned Properties – The Mayor has been meeting with Trustee Shaw, Building Inspector John Ledwith, DPW Superintendent Jeff Voss and others to discuss potentially doing some work at Village-owned property at the south end of Tuxedo Lake. They were thinking maybe it would be nice to put a small, environmentally friendly park there where one could sit and rest while walking around the lake, or potentially have a small picnic, etc. There is nothing to vote on at this time, but the idea is being considered and the Mayor is looking to get some public input. They are also looking at and discussing the upkeep of Village-owned triangles. Additionally, they are looking at replacing guiderails along West Lake Road just past its intersection with Eagle Mountain Road. The current guiderails are made of metal, are quite old and in questionable condition. The Village is considering replacing them with timber rails, similar to the ones along Tuxedo road.
Audrey Perry inquired as to whether or not taxpayer money would be utilized for the triangle upkeep, further noting that historically the Tuxedo Park Garden Club had taken care of this task and it had been funded via donations.
Mayor McFadden responded that the work is currently done by the DPW so there would be no use of taxpayer funds, but they would love to work with the Garden Club on any of the aforementioned projects. He suggested that initial contact with the Club had already been made but was unsure as to what the outcome of that had been.
Mrs. Perry suggested that they get in touch with Father Rick Datos-Robyn who is the current Garden Club Chair.
With regard to the proposed park at the south end of Tuxedo Lake, Mrs. Perry reported that Garden Club historically considered a similar initiative however there were members of the Club who were against the idea due to the number of people who might come through the back gate and use it.
Mayor McFadden responded that this was definitely a valid concern, reiterating that the idea was only in the discussion phase and that security was certainly an important issue that would have to be considered.
The Board then adjourned into an executive session for the purpose of discussing the employment of a particular person, the DPW bargaining agreement and public safety.
Village Board of Trustees Annual Reorganization Meeting July 21, 2021
The Village Board of Trustees held their annual reorganization meeting on Wednesday, July 21 at 6:30pm. All members were present. Trustee Joshua Scherer attended remotely via Zoom from Santa Monica, CA.
The meeting began with the ceremonial swearing in of newly elected Judge David Hasin and Trustee Paul Brooke.
The Mayor then briefly read through the proposed appointments and designation categories. There were no objections from any of the Trustees.
The Board then voted unanimously in favor of approving the appointments and designations.
Click here to view a detailed copy of what was approved.
The Village Board of Trustees met on Wednesday, June 16, 2021 at 7pm via Zoom.
Trustee McHugh was absent
Mayors Comments:
Mayor McFadden opened the meeting by thanking soon-to-retire Board members Paul Gluck and Alan McHugh for all of their hard work on behalf of the Village further noting that each of them had brought unique skill sets to the table and that their shoes would be difficult to fill. He then congratulated the Board members elect Josh Sherer and Paul Brooke as well as Judge Hasin, commenting that he was looking forward to working with everyone and accomplishing good things for the Village.
Reports and Minutes:
Click here to view the Police Report
Click here to view the DPW Report
Click here to view the Construction Report
On behalf of Town Board Liaison Michele Lindsay, Trustee Gluck reported the following:
There will be a Tuxedo Arts and Music event this coming Friday (June 18) from 6-8pm in the Train Station. A number of talented, local artists have been painting a variety of historical structures and landscapes around Town this week and this culminates in Friday evening’s event where the artwork will be on display and guests can meet the artists and also purchase the paintings if they are so inclined.
There will be a meeting of the Tuxedo Farms LDC on June 24 at 10am. This meeting will address the Hamlet sewer system. Village residents who are hooked into that system are encouraged to attend.
Lastly, Supervisor English is currently in discussions with Related and other parties regarding Tuxedo Farms and moving forward with some variation of the project. These discussions remain on-going.
The Mayor asked Trustee Gluck if he could elaborate on this, particularly as it pertained to a new configuration of the project, wondering if the property would be zoned for the same use.
Trustee Gluck responded that while he was not privy to the discussions, as he understood it there have been conversations about some other configuration for the project moving forward. Time has marched on and the way it was originally proposed may no longer be workable or appropriate. Current discussions are focused on what another configuration might look like and how it would satisfy the growth needs of the Town while remaining attractive to a developer.
Mayor McFadden replied that this was the first time he was learning of this and he considered it to be a real “eyebrow raiser.” He openly wondered what direction they might be going in, how it would affect the Village, whether there would be additional Planning Board or SEQR requirements and if there would be a change to the density or the zoning. He pledged to gather information and make a report to the community as soon as possible to the extent practical.
Trustee Gluck commented that he felt this had been in the public purview for some time, with open discussions at the Town Board meetings about how things might move forward. He does not feel there is anything new at this point in time.
Trustee Kasker asked Board attorney Nugent for confirmation that any subdivision layout changes would require a public hearing.
Mr. Nugent responded that either an amended or new site plan approval would be needed and that the applicant would have to go before the Planning Board.
Trustee Kasker thanked Mr. Nugent adding that he didn’t think they should make any assumptions about what might be going until it has risen as a formal application or change. He cautioned that nothing is certain until it Is actually put on paper and put before a public body.
Consent Agenda:
Trustee Shaw asked to remove item “I” pertaining to the Wee Wah Beach Club’s request to replace their playset.
Trustee Gluck asked to remove the approval of the police Department rules and regulations as he had not had enough time to review it and therefore intended to abstain, but did not want to have to abstain on the entire consent agenda. This item was tabled.
Approval of the interceptor financing for a truck purchase was removed and tabled.
An item authorizing the Mayor to sign the DASH harvesting contract was removed because the contract has already been signed.
The rest of the consent agenda was approved unanimously.
There followed a conversation about the proposed playset at the Beach Club. Trustee Shaw commented that what had been proposed appeared to be a residential set and she wondered whether this was permitted for a park under the Village code.
Trustee Kasker responded that there are regulations that cover parks and the Villages subsequent duties in terms of inspections. He suggested that so long as the Code Enforcement Officer/Building Inspector felt that the proposed set was suitable, they should defer to his judgement. The Board then voted unanimously to approve the playset.
Public Comments:
There were none
New Business: Request of Wee Wah Beach Club to Extend Membership – The Wee Wah Beach Club has requested permission to expand their membership beyond the 2019/2020 membership lists as previously negotiated.
Trustee Kasker noted that he did not have any issues with what had been proposed by the Beach Club Board.
Trustee Shae disagreed, suggesting that she felt the Beach Club was “picking and choosing” their membership and if they were to let a select group of people in they would ultimately have to let everyone in. She feels they should stay with what was negotiated.
Trustee Gluck agreed with Trustee Shaw, noting that the Board had undergone extensive and lengthy discussions on this topic during the negotiation process. “it’s a little disappointing to see this revisited so shortly after we competed the agreement,” he stated, further noting that he meant no disrespect to anybody who was on the list of prospective memberships or to anybody else,
Mayor McFadden agreed with Paul and Tinka, stating that he felt they should have restricted the membership to the 2020 list and utilized the North Gate for traffic purposes. He further suggested that if they were to allow this group of people to join, there was no guarantee that the Beach Club would not come back next month with another list.
On behalf of the Beach Club Marc Citrin commented that they understood that the negotiations had been extensive and although there had been some dissatisfaction expressed by members of the Board, they were pleased to be able to operate. The Club also appreciates the Board’s approval of their expenditures to make improvements to the property. With that said, they believe that allowing for an additional 8 memberships form the Town would not be an overreach for the Beach Club. Noting that he understood based on the comments that had been made that proposal would likely not pass, he further stated that the Beach Club would like to continue the discussions when meeting with Trustee Shaw and her committee when discussing the future of the Beach Club through next year and beyond.
In the interest of clearing the record, the Mayor responded that a committee lead by Trustee Shaw had not yet been established.
Mr. Citrin replied that they were prepared to meet whenever the committee was assembled and ready.
Mayor McFadden asked Mr. Nugent to speak to the issue of possible discrimination as raised by Trustee Shaw.
Mr. Nugent responded that the type of discrimination they were talking about was not really a category of discrimination. Rather it is based on prior membership dates and is not a protected class. The Village has it within their power to set a number for these categories and memberships. He suggested that rather than being discriminatory, the question was whether or not it was arbitrary in deciding which individuals would be offered membership. This is a matter for the Village to decide.
The Board then voted 3-1 against allowing the new memberships. Signage – There was a brief discussion about Village Signage, but ultimately the discussion was tabled.
The Board then entered an executive session for the purpose of discussing the employment of a particular person, DPW contract negotiations and several water & sewer customers.
The Village Board of Trustees met on Wednesday, May 19, 2021 at 7pm via Zoom. All members were present.
Mayor’s Comments:
Mayor McFadden opened the meeting by thanking all of the Village employees for their hard work in assisting him with closing out the budget as well as the booth construction project and DPW bargaining agreement negotiations. “You really bring so much to the table,” he stated. “It wouldn’t be the same community without you.”
Monthly Reports:
Click here to view the Police Report
Click here to view the DPW Report
Click here to view the Building Department Report
Click here to view the Water Department Report
Click here to view the Treasurer’s Report
There were no questions or comments on the reports.
Public Comments:
Jim Hays inquired about the on-going Orange and Rockland project. He wondered why raising the wires by 10 feet was an advantage and further whether or not customers could expect a rate increase as a direct result of the infrastructure upgrades.
Mayor McFadden responded that the utility company has indicated that they were spending quite a lot of money on damages related to falling trees and that this investment will make it such that they will not need to come in as frequently for repairs. Raising and strengthening the wires in combination with tree trimming, should also drastically cut down on the number of blackouts and brownouts in the Village. There has been no association with the rates. There is information about the project posted to the Village website and in addition the Mayor offered to send Mr. Hays information as presented by O & R about the project at previous Village meetings. Mr. Hays responded that this would not be necessary, but further noted that he was skeptical about the project.
On behalf of the Tree Advisory Board Chiu Yin Hempel announced that on Saturday June 5 there would be Spring Celebration to which everyone in the Village will be invited. The event will be hosted by both the TAB and the Tuxedo Park Garden Club and will feature guided walk-and-talks along the meadow paths in the Race Track from 10-11am followed by a tree planting ceremony in honor of all he Race Track Nature preserve Stewards, recently retired Village Clerk Debbie Matthews and Coco Labar of the DPW and soon-to-retire Advisory Board Liaison Alan McHugh to thank them for contributing to the success of the preserve and for encouraging the planting of trees. This will be followed by a Peony picking garden party at the Maxwell Family garden on Summit road. Email invitations will be going out shortly. In addition, the TAB is seeking BOT approval to replace the current notice board with a more appropriate one and to install an additional notice board at the north entrance of the preserve. There will be no cost to the Village. Images of both the current board and the new ones were presented for review.
Trustee Kasker inquired as to whether the new notice board at the main entrance would be installed in the same location as the old one.
The answer was yes.
Commenting that he was sure it would be ok, he further noted that there were a lot of signs at that particular intersection including a historic marker, a do not enter sign, a stop sign and a one-way sign among others. As the proposed notice board is larger in size he suggested that they should put some thought into its placement considering the area was already somewhat cluttered with signs that were less aesthetically pleasing and in his view do not reflect the historic nature of the Village. He recognizes that many of the aforementioned signs were transportation type signs but he feels there are some better alternatives and this new sign, while beautiful, would be one more thing to look at amidst the sign clutter.
There followed a discussion about the historic marker. Trustee Kasker asserted that it had been installed on a curve too close to Tuxedo Road, which is in his view a dangerous location. Additionally, he has some concerns with the aesthetics, particularly the sign pole.
Mayor McFadden noted that he had received a call from a resident who wondered whether the historic marker would have any bearing on the public’s ability to access the site and the impact that might have on the Village gates.
The idea of relocating the sign was considered, with Trustee Gluck suggesting that perhaps they should tie the approval of the proposed message boards to a plan to relocate the marker.
Mrs. Hempel stated that the TAB would be willing to move the notice boards further into the Race Track in order to ensure that they were not visible from the roadway. They would like to install them prior to the June 5 event.
Following some further discussion, the Board unanimously approved the installation of the new message boards and it was agreed that Trustees Kasker and Gluck would meet with members of the TAB to discuss possible relocation of the historic marker.
OLD BUSINESS: Resolve to approve CCTV work to be performed on the Pond No: 3 sewer line as a recommended by W & S – There was a lengthy discussion with regard to the proposed project and whether or not it should be put out for competitive bid. Trustee McHugh also expressed concern at not having received any updates pertaining to the Villages SPDES permit and compliance issues. He believes these items must take priority above all else.
Stating that he had no issues with the concept of competitive bidding, Mayor McFadden expressed frustration that the Trustees had waited until “that last minute” to suggest it, further commenting that the information had been before them for months and that the bidding process would slow the project up substantially. Trustee Shaw suggested that perhaps Westin and Sampson could re-bid it out to their subcontractors in hopes of procuring a better price, which would alleviate the need to develop an RFP and should speed the process up.
“If we are going to buy a new police car, we don’t go to the dealership that we use the most, let them describe their price and then go with it,” Stated Trustee Kasker. “If we are spending $50,000 + on a police car, we get additional bids. I look at this as analogous to that. Westin and Sampson is recommending that they sub out the work for $63,000 to CCTV some pipes. I don’t think we go to Westin and Sampson and ask them for another price. We go to another engineering firm and ask them how much they would charge to do the scope of work that Westin and Sampson already wrote for us, which we already paid them for.”
Trustee McHugh agreed, commenting that as Village fiduciaries it was their responsibility to go out to competitive bid in order to ensure that they were getting the best and the most reasonable service for the lowest price.
When asked for his thoughts by the Mayor, Building Inspector John Ledwith noted that it had been extremely difficult for the Village to locate areas in the system where there was inflow and infiltration and being that they had found some, he felt they should try to resolve the issues expeditiously without too many additional studies.
Mayor McFadden then suggested that Mr. Ledwith reach out to the engineer to see if he was available to join the meeting and answer some questions, which he did.
Once Westin and Sampson was on the line, Trustee McHugh inquired about the status of the work to alleviate the SPDES permit violations and subsequent DEC compliance issues. He was informed that this work was substantially complete. The project was successful overall and they will be providing a report shortly to both the Village and the DEC. Next steps were then briefly outlined and discussed. Next, the discussion turned back to the estimated cost of the CCTV project and the concept of competitive bidding. After a detailed review of the proposed costs, the Board voted 4-1 in favor of moving ahead with the project with Trustee McHugh voting against due to the lack of a competitive bidding process. Resolve to approve GIS & Mapping & Engineering Fees - The first part this project entails the Village DPW locating catch basins throughout the Village and determining their interconnectivity. This must be done before the engineers can do their GPS work. Having the DPW complete this initial task, as opposed to using a subcontractor, will save the Village money. Trustee Gluck suggested that prior to approving the project and engineering fees, the DPW should complete their portion of the work. If the DPW is unable to determine interconnectivity, they may have to rethink the process. He further suggested that the project seemed a bit pricey in his view at $20,000 given the amount of work that the DPW had to complete first and that in his mind this might not be the best use of Village funds at this particular point in time. The Engineer responded that if the DPW were to be unsuccessful in locating a substantial amount of the system then they would not mobilize but would rather reengage in discussions. Following some further discussion, the topic was tabled and it was agreed that the Mayor, Trustee Shaw and Building Inspector Ledwith would meet to further discuss with the intent of bringing something more solid before the Board at their next meeting.
Next Trustee McHugh asked the engineer to provide a brief overview of the water controls that were installed at the water plant and the reason behind them.
The engineer explained that the primary control panel that operates the water treatment plant, which is the Village’s drinking water, was antiquated and outdated. There were a number of computer cards that were failing and the DPW was no longer able to get parts. Working in concert with the BOT, they determined what was needed and put together a bid package. This past week a new control panel was installed and things have been transferred over successfully. Resolve to Approve the WWFC Licensing Agreement for the 2021 Season – Mayor McFadden opened the discussion by reporting that he had successfully negotiated an increase in the licensing fee up to $1000 as well as a $500 donation for milfoil mitigation. Additionally, there had been some discussion with regard to reverting to the 2020 membership and there was give and take on this issue.
Trustee McHugh commented that his issues with the WWFC highlight the issues with the Wee Wah Beach Club. In looking at the membership of the fishing club, there are 70 members of which only 8 are village residents. The Beach Club also has 60 non-Village residents. “I really don’t understand hoe we have an uproar about the Wee Wah Beach Club and not the fishing club when you have a disproportionate amount of people from the Village not being members there. The Fishing Club is year round and the Beach Club is only open for 4 months. So ,I am baffled by this whole thing. We have not advertised or asked for resident input with regard to this, but the issues with traffic and everything are even more germane with regard to the Fishing Club over the Beach Club.”
The Mayor responded that the difference was that the conversation surrounding the Beach Club pertained to who managed Village property and whether people want to invest in it or not while the Fishing Club conversation did not. He further suggested that in his opinion the two clubs should share the cost of utilizing the North Gate for their non-resident membership.
Trustee Gluck asserted that he did not feel they should get into this discussion again, further commenting that he was happy to welcome the fishing club. Following some further discussion, the Board voted unanimously in favor of approving the agreement.
NEW BUSINESS: Consent Agenda – The Board approved the following items in one motion as part of the consent agenda:
Resolved to accept resignation of Part-Time Police officers Joseph Saetta, (effective
immediately), Vincent D’Amato (effective May 20) and Brian Benjamin (effective
May 16)
Resolved to approve request to hire Part-Time Police Officer Johnny A. Gonzalez
Election Day, June 15, 2021: Resolved to approve Chris Moog as a Table Inspector
to take the place of Jennifer Weiss who had to cancel. Payment is $225 for the day.
Election Day, June 15, 2021: Resolved to approve Linda Hackett and Skip Briggs as alternate Table Inspectors if there are more cancellations. Rate of pay is $225 for the
day.
Election Day, June 15, 2021: Resolved to approve Jim Pearson as an alternate
Machine Operator if there is a cancellation.
Resolved to appoint Campbell Langdon to the Board of Zoning Appeal (BZA) to replace the Hold Over seat of member Mary Darby. The appointment term is through 6/30/2025.
Trustee McHugh noted that they had seen a lot of part-time police officers leave and he inquired of Chief as to where their numbers were and the level of success in terms of filling the void.
Chief Conklin responded that although the number of part-time officers had decreased from 20 to 17 , all of the officers currently working were pulling a minimum of 2 shifts per week and that the department was doing well. He anticipates hiring one more officer next month, after which they should be fully staffed.
Following a brief discussion regarding the proposed budget transfers, the Board entered into an executive session to discuss the DPW Bargaining Agreement, legal matters, and the employment of a particular village employee.
Special Village Board of Trustees Meeting & Budget Workshop April 28, 2021
The Village Board of Trustees held a special meeting on Wednesday, April 28 at 3pm via ZOOM for the purpose of discussing the lease agreements for the Wee Was Beach Club and the Fishing Club as well as to conduct a budget workshop. All members were present.
There was a lengthy discussion regarding the management of the Wee Wah Beach Club. Mayor Mcfadden proposed a new system of management under which the Village would assume management of cash disbursements, Village funds, memberships, and improvements while the Beach Club would be responsible for day-to-day operations. Ultimately this plan was rejected by the majority of the Board and an amended version of the lease agreement, negotiated with the Beach Club by Trustee Gluck the week prior, was approved.
Click here to listen to a recording of the discussion in full.
The discussion regarding the Fishing Club lease was tabled.
The lease discussions were followed by a budget workshop which resulted in the Boards' approval/adoption of the 2021/22 budget. It is expected that a copy of the approved budget will be posted to the Village website in the near future.
Village Board of Trustees Public Hearing and Regular Monthly Meeting April 21, 2021
The Village Board of Trustees met on Wednesday, April 21 at 7pm via Zoom. All members were present.
Click here to listen to a recording of the public hearing
Mayor’s Comments:
There were none
Monthly Reports and Minutes to the Board & Public:
Click here to view the Police Report
Click here to view the Water Department Report
Click here to view the Building Department Report
Click here to view the DPW Report
Click here to view the Treasurer’s Reports
Public Comments on Reports, Old and New Business Items:
With regard to the Wee Wah Beach Club, Jay Reichgott commented that he felt the question of who should run the facility was a good topic for discussion however, he expressed concern with the timing. With the swimming season just 6 weeks away, even if things were to operate as they always have in the past, management would have to scramble in order to pull things together for a timely, Memorial Day opening. Were the Village to take over management of the Club, there would surely be a somewhat substantial learning curve involved and this would likely delay the opening. This begs the question ‘when is the best time to enact change?’ He suggested that the Village should allow the Club to operate this year as it always had and then begin a more in-depth conversation about the future in the fall of 2021.
Mayor McFadden thanked Mr. Reichgott for his constructive comments.
Elizabeth Cotnoir stated that she agreed with Mr.Reichgott, further suggesting that it was much too close to the Club’s opening date to effectively institute major change.
Mary Graetzer commented that she whole-heartedly agreed with this sentiment. Making the kind of changes that have been proposed would require many careful conversations and, in her view, 6 weeks before the Club is supposed to open is not the time to have them. The Wee Wah Beach Club as it currently exists has been consistently managed in the same way for the last 87 years and for many, to have Village take things over entirely, would be perceived as a loss and in turn a blow. If there is a way that the Village can invest and make things cheaper for the Club and its members, she wondered why they wouldn’t just do it and leave the management as it is.
Mayor McFadden inquired as to why the change might be perceived as “a blow” to some.
Mrs. Graetzer replied that the perception for many of the Town members was that the Village and its residents did not believe the current management to be competent enough or good enough at running the Club successfully.
Mayor McFadden made a comparison between the Beach Club and the Village Boat Club, an organization run by Village taxpayers. He noted that the Boat Club had been successful in contributing to the improvement of the facility. They have paid for their own docks, the maintenance there-of and the installation of a stone wall along the water’s edge all on their own accord. On the contrary, he suggested that the Beach Club “hasn’t even offered a dime for improvement of the space.”
Mrs. Graetzer responded that this was not true and that over the years the Beach Club had offered and paid for many improvements to the property including refurbished bathrooms, playground equipment, picnic tables, grills, benches, landscaping and more. Additionally, they annually undertake a clean-up of the property, where members gather and work to clear sticks and brush and refuse both prior to and post operating season. For the past few seasons, a variety of reasons such as low levels in the lake and Covid-19 have negatively impacted the Club’s membership, which in turn makes it impossible for them to afford any major property enhancements.
The Mayor responded that he had been judging the lack of effort based on what he saw currently and what had seen since becoming an elected official. He further indicated that he was disappointed in the Club’s offer of $1,000 to lease the property, which is in his view very low. The Village spends quite a bit of money on Wee Wah with Milfoil maintenance and the employment of a Lakes Manager. He further suggested that he felt that some of his negotiations with the Club had been misrepresented. He believes that his initial offer (which he would be happy to put back on the negotiating table) was a win/win for everyone involved. Under that proposal, the Village would take control of both the finances and the physical property, immediately investing $5-$10,000 into improvements while the Beach Club would continue to manage the things on a day-to-day basis. “If we take it on,” he continued “the membership would probably have to adjust to the fact that it may not open on Memorial Day and so forth. There would be a definite learning curve, but we have to consider what has been offered to us on the table. There is potential of a resident donating money to a Village managed Club.” When Mrs. Graetzer inquired about the issue of Hamlet membership, the Mayor replied “The fact of the matter is that any three members of any Village Board…past, present or future….could eliminate the Hamlet membership by a vote. There is nothing in the local law that prevents that. So, whether the Beach Club is running the facility or the Village runs it, the security is no different.” He added that there was also a clause in the lease agreement which acknowledged that at any time during the season, the Trustees could shut down the Club with a vote. He reiterated his belief that his initial proposal was a win/win and further noted that along with it he had offered a 5-10 year guarantee of the current Hamlet membership, but that this had been rejected by the Beach Club for reasons unknown to him. He then explained that there was a potential offer of $100,000 from a Village resident and that if they were able to secure that money it would allow the Village to hire a beach manager to assist with everything. He doesn’t understand why people seem threatened by the idea of this. In his view, the Beach Club is located on Village owned property that is underutilized in terms of its potential. Not only should the leasing amount be greater than $1,000, but that the Club should also be asked to put forward a commitment to improve the property in the amount of $2-5,000 annually.
Mrs. Graetzer responded that while she understood what the Mayor was saying, she felt strongly that the kind of changes being considered should not be made quickly. She suggested that they should allow things to remain as they have always been for one more summer and then formally begin the conversation in September when everybody can understand and agree without the pressure of trying to get things up and running quickly.
Aoife Clarke agreed with Mrs. Graetzer. She feels both sides are getting quite heated and fears that the restructuring debate could inhibit the Club’s ability to open on time. She acknowledged that some people in the Park were concerned because they paid taxes on the Village owned land while many in the Hamlet were in fear of having their membership revoked. She implored the Board to wait until the Fall to continue discussions of restructuring.
Jenn Darling identified herself as the Vice President of the Beach Club’s executive Board. She stated that it was entirely unfair for the Mayor to suggest that the Club had not made any improvements to the property. They recently replaced the floating dock at an expense of $5,000. Last year they had money set aside and had intended to replace the playground structure, but were required by the Village to spend several thousand dollars for a Police Officer to man the North Gate on weekends so that non-resident traffic, totaling roughly 10 cars per day, could be diverted. She further asserted that the Beach Club had not rejected the Mayor’s proposed 5-10 year guarantee of the current Hamlet membership. Rather, she explained, they had told him that they believed that there was not enough time to properly analyze things and carefully work through all of the details prior to opening for the summer. She noted that the reason the $1,000 lease amount had been proposed is because that is the amount that has historically been in the budget. The Club very much wants to enhance the property and it is their intent to install a playground there, which would in turn be dedicated to the Village.
Speaking to last year’s requirement that non-resident members access the Beach Club via the North Gate on weekends, the Mayor defended the rule, suggesting that 10 cars per day made a combined 20 trips down the Causeway, and this constituted preventable wear and tear and on the roads in his view.
Mr. Reichgott asserted that Wee Wah Beach Club only occupied the property for 3 months out of the year and for the other 9 months it was a Village Park. He believes it is not unreasonable to expect that the Village would fund the maintenance of the property in much the same way they do the Racetrack Nature Preserve. He feels that the Beach Club should be asked to provide maintenance and enhancements only to those areas that are utilized exclusively by the Club.
Mayor McFadden countered that unless they joined the Beach Club, Village residents were unable to swim there during the summer months. He suggested that he had even considered the idea of opening a separate Club for Village residents, to be operated during the AM hours before the current Club opened for the day.
Beach Club President Bonny Takeuchi provided the Board with some historical perspective, which outlined in some detail how the Club had come to be on hard times. For decades the Beach Club an enjoyed a robust membership of 250 annually. The Club paid the Village $5,000 to lease the property and the two entities coordinated, working hand-in-hand together to fund many improvements. When the Village commenced work on the Wee Wah Dam repairs, the water level in the lake was drastically reduced, which had an unfortunate effect on the swimming area and the diving board had to be removed as a result. Additionally, water quality questions surrounding the fish kill in 2012 and algae blooms in the lake as well as the increasing presence of Eurasian Water Milfoil had a direct impact on the ability for members to swim at varying times over the years. There was one season when swimming was not permitted at all. Under these circumstances, the Beach Club membership began to decline. With fewer memberships, the Club has had less money to invest in the property. Last season proved to be especially taxing as they had to hire a Covid-19 monitor, purchase a fair amount of Covid related equipment and cleaning supplies, and pay an officer to man the North Gate on the weekends. The Club estimates they spent approximately $9,100 on these things, which is money they could have otherwise invested in the property.
The Mayor responded by apologizing and noting that he wanted to formally “walk back” his comment about the Club not investing in the property, which he had based on his own personal, more recent experiences there. He further wondered whether it would be “that bad” if the Village were to take it over so long as the current Hamlet membership was retained.
Mrs. Takeuchi responded that the current Hamlet membership was limited as the Village had not allowed the Club to admit new members from the Hamlet for several years. Of the 74 Hamlet members, more than 1/3 of them are over the age of 70. She suggested that there are new families living in the Hamlet who might enjoy membership.
Changing the topic entirely, Claudio Guazzoni congratulated the Board on completing the budget process, thanking them for all the time they had invested into the long, arduous process. He is “a little annoyed” that taxes will likely be going up and is hopeful that next year they can work a bit harder to either keep taxes steady or decrease them.
Mayor McFadden thanked Mr. Guazzoni for his comment, further noting that Board members and department heads had worked very hard to create a budget that came un under cap. As time goes by, costs do increase but he believes they have done a responsible job of budgeting and is pleased to see monies being set aside for critical infrastructure and engineering projects. That being said, he noted that there is always room for improvement.
Trustee Updates:
Trustee Gluck reported on two upcoming Webinar events which have been sponsored by the Tuxedo/Tuxedo Park Climate Smart Task Force. The first is a Recycling Webinar entitled ‘Today’s Recycling Market and Best Practices’ which will take place on April 22 at 7pm and the second a Webinar focused on Climate Change entitled ‘Climate Science and Solutions’ presented by C-Change Conservations on April 28 at 7pm. Both programs can be accessed via the Town’s WebEx portal.
Consent Agenda:
Before approving the consent agenda, the following two items were extracted and briefly discussed: Resolution to Waive the Building Permit Fee for Painting Applications – Building Inspector John Ledwith explained that as there was little-to-no engineering, architectural or legal work involved with a change in paint color, it was recommended that the permit fee be waived for applicants. Although there will be no associated permit fees, these applications will still have to go through the appropriate BAR process. Resolution to Approve to Purchase of a New Police Vehicle – Chief Conklin explained that there had been an “unforeseen event” with one of the current vehicles when it was brought in for service and discovered that the engine was in need of costly repairs. The vehicle is old and out of warrantee and it will likely cost more to keep repairing It over time than it would to move forward with a new one.
Following these discussions, the consent agenda was unanimously approved.
New Business: Discuss the License Agreement Between the Wee Wah Fishing Club and The Village – The Club has submitted a proposal, which has been circulated to the Board. The Mayor has scheduled a tour of the facility and would like to discuss with them the idea of repairs as well as contributions to lake maintenance. Trustee McHugh noted that the Club had paid to stock the lake and had worked in conjunction with the DEC to do so. Additionally, they financed repairs to the dock. He recommended they table their decision until the next meeting which would allow time for the Mayor and any interested trustees to visit the facility and clarify and questions they might have. Following some further discussion, it was agreed that this is what would be done. Discuss The License Agreement Between The Wee Wah Beach Club and The Village & The Offer of a $100,000 Donation Organized by a Resident for a Village Managed Beach Club That Would Include Last Year’s Hamlet Members and Village Residents for the 2021 Season- Mayor Mcfadden invited each of the Trustees to comment.
Trustee Shaw indicated that she felt the proposed $1,000 lease payment was way too low. She feels the idea of having the Village run the Club is an interesting one and believes that they could generate a fair amount of interest from Village Residents. She compared it to the Village Boat Club, which she feels is very well organized.
Trustee Gluck noted that he was a member of the Village Board Club and further commented that is in his view that club was “the epitome of a volunteer organization,” whereby all of the members pitch in to get things done at a minimum expense without government assistance. A lot of this same spirit is also reflected in the Beach Club. He applauded the Beach Club for making things work, particularly for the way in which they got things together and running during Covid. He also commended the Mayor and Trustees for their work in trying to make the facility better for the Village. He feels there is room for improvement all across the board. Many of the comments pertaining to capital improvement have a great deal of merit. Having said this, even if he believed it was the right move for the Village to step in and reorganize things, he would be “scared to death” to take on that project now, 6 weeks out from the start of the swimming season, when it is so far out of their comfort zone. Without seeing any sort of budget or proposal for the options that have been suggested, he believes managing the process would be a nightmare and therefore he echoed the sentiments of many of those who spoke before him, suggesting that they take more time to have these important conversations in the future, but keep things largely the same for the upcoming season. 6 weeks is not enough time to put in a whole new management structure. There is enough time however to negotiate the current agreement and he recommended reconsidering the requirement that non-residents use the North Gate for access on the weekends as well as the overall leasing fee and the amount of money the Club should be asked to put into capital improvements for the facility.
Trustee McHugh noted that the Wee Wah Beach provided access to swimming in the lake for residents and in that regard, he feels they should move forward with getting the necessary permitting in place in order to open the facility on time and ensure a viable season. With regard to the structure, he feels that he needs more clarity, particularly as it pertains to the potential donation. The current Hamlet members have shown a commitment to the facility and he believes they should be given the opportunity to stay members. If the Village can effectively enhance the facility and make it a destination for more Village residents, he supports that as well. “Let’s move this forward and get it open this year sooner rather than later and work through the details over the next couple of weeks to see if there is a common ground that everyone can live with and is happy with.”
Trustee Shaw interjected that she felt they needed to look further into the insurance before they proceeded in any way to make sure that the Village had the proper coverage.
Trustee Kasker commented that most members of the Beach Club probably didn’t care about who ran things so long as they could pay their fee and utilize the beach. To him, whatever affords the Club’s members the ability to do this at a fair price is paramount. If the Village was able to run the facility and significantly cut the cost of the membership, that would be one thing but he is not sure they are there yet. There are more insurance requirements for swimming than there are for general liability. In a recent letter to the Board, one resident made some valid points pertaining to risk. The way things stand currently, if somebody has a significant accident the Village is not primarily responsible. He would like to know what the insurance rates for the Village would be with the added coverage included. Additionally, running the Beach Club would require the Village to hire and cover more employees. Trustee Kasker favors shrinking the number of Village employees as opposed to increasing it. He also noted that with no Parks and Recreation Department in place, the Village did not have anyone to run facility. This is one reason why having both the Boat Club and the Beach Club as independent organizations makes sense as they assume their own administrative burdens. Village employees are tasked with taking care of all Village residents, not specific groups and/or Clubs that are focused on putting a boat on the water or swimming in one of the lakes. There are 98 days between Memorial Day and Labor Day. This leaves a whole lot of time for any and all Village residents to use the property for free. Most municipalities have a code provision which states that if they have a subdivision and they do not have land for parks, they have to pay a fee. It is the Village’s obligation to have a park for their residents, but it is not their obligation to have a swimming hole for them. A swimming facility is a special use the requires extra cost and the people who want to use it should have the burden of that cost. “The bottom line is that there is a whole lot going on and I don’t think residents deserve the right to swim for free, which is what you seem to alluding to in some of your comments.” he stated.
“I wasn’t alluding to that,” responded the Mayor.
Trustee Kasker went on to say that he felt additional analysis on the business side was needed before the Village was ready to move forward with managing the Club and until this has been done, he is not ready to act on it. He is happy to discuss the idea further however. He feels they should be striving to provide a better beach for less money. In the meantime, as they are not faced with an emergency situation, he believes they should proceed as normal.
Mayor McFadden suggested that currently the Club pays upwards of $7,000 in insurance costs and if the Village only had to get a small supplemental package, they could save a few thousand, which would be money that could immediately be invested in either lowering the cost of membership of making capital improvements. “As a Village we can use income to make improvements,” he stated, “and that has its own momentum. If we were to take over the management, I would see it as a transition. I would think we would have to ask the membership to be patient with a potential start date with disruption because if we were going to be putting money into improving, there might be days when a part of the park was closed or cordoned off. It could be a little hectic. We could consider extending the hours potentially. In the scenario I was looking at we could take the $30,000 membership from last year and put it into some of our own Village funds.” He further stated that his position was that he would like to see a dual situation where the Village would work together with the Beach Club and share responsibility…use it as a learning session for moving forward and then analyze it at the end of the year to see where we did and didn’t succeed. He also feels the Village should commit to putting another $5-10,000 into the budget now to make improvements as a sweetener. He reiterated that under his proposal, the Beach Club would manage the day-to-day operations and therefore there would be less liability for the Village.
“I think the Board has five kind of diverse positions,” stated the Mayor. “I believe my position is clear.” He then suggested that Trustee Gluck liaison with the Beach Club to further negotiate these details while they waited for more clarity on the potential donation.
Trustee Gluck replied that he would be happy to interact with the Beach Club but he felt they needed to make a determination as to whether or not they would be negotiating something similar to what had done in years past or if they looking to negotiate something entirely different. If it is the former, he believes they could pull things together quite quickly but it’s the later, he has some concerns with their ability to accomplish anything fruitful.
Following some further discussion, it was agreed that Trustee Gluck would meet with the Beach Club and that a Special meeting would be scheduled for the following Wednesday, April 28 at 3pm for the purpose of discussing both the Beach Club and the Fishing Club licensing agreements. This will be followed by a budget workshop. Discuss N.E.A.R Recommendations – This was tabled as the Board needs additional information.
The Board then entered into an executive session for the purpose of discussing employee salaries, litigation and employment of a particular person.
Tentative Budget Workshop Meeting Follow-up April 10, 2021
Dear Neighbors,
Our successful budget workshop yesterday culminated in a three-week marathon of preparation and effort by this year's budget team. The team included Tinka and Village employees John, Debbie (who used the occasion to train Elizabeth on her first budget), Chief Dave, Jeff, and Denise. The budget is under the 2% property tax cap and reflects the hard work and dedication of this team's support of the Village taxpayers.
At yesterday's meeting, Chris, Paul, and Alan brought their experience to the table, and as a team, we worked constructively to bring the budget to the next level. We thank Alan for leading the Trustees through various revenue, appropriation, and bond and benefits line items of the budget. As temporary guardians of your finances, I believe we have gone a long way in fulfilling our obligations to you, the taxpayers.
Of interest, this year is the introduction of a Village Sewer Department. As you know, our sewer (and water) infrastructure is our Achilles heel - aging and decaying at an alarming rate. To pay for repairing, maintaining, and approving the system, this and prior boards rely on increasing property taxes and loans/bonds, an unsustainable strategy over the long term considering the problem's magnitude. The NYS Comptroller encourages Villages like in our predicament to form sewer departments for the equitable billing of services and the means to raise funds for future infrastructure maintenance and repairs.
The best example of how our new sewer department will operate is our water department.
Sewer rents typically based on a water use percentage will come quarterly with the water charges. If you own a vacant property in the Village but do not use village sewer services, you will stop paying for the sewer. If you own a home and have a septic system, you will stop paying for sewer. If you use the most potable Village water, you will pay more than a resident with one bathroom. Currently, we all share the cost of running the sewer department equally, according to our tax rate, because sewer expenses flow to your property taxes.
Because the Board lacks experience setting rates, I put $5,000 in this year's budget to hire a professional consultant specializing in developing sewer rates for municipalities. The public will also be able to provide their input during the public hearing process next week. The establishment of a sewer department is subject to Board approval, and I believe we have broad support.
As stated earlier, as a temporary guardian of your finances, my role as a fiduciary is a primary responsibility. Before meeting with the WWBC leadership, Jennifer and Bonnie last week, I reviewed the financials they provided me. The WWBC does not make money. Possibly their membership fees are too low, their expenses are too high, and of course, the facilities need improvement or all the above.
Regarding improvements, for all their efforts, they have never produced profit to pay for enhancements or offer us a lease payment that covers Tuxedo Park's annual maintenance costs of the property and facility. Instead, the Village taxpayers shoulder the burden. A further burden on the Village taxpayers is that WWBC paid one dollar ($1) per year to lease the property over the last five years (last year they collected $30,000 in membership fees), and this year, their total offer to lease the property is $1000. The WWBC's demand that the Village taxpayer lives with below-market licensing fees needs to change. As your fiduciary, I recommend we optimize the property's value for the benefit of the Village taxpayers.
As an example, it would be enticing if: the WWBC committed to a licensing fee of $5,000 with a commitment of another $2,000 annually in infrastructure and improvements.
During the same meeting with Jennifer and Bonnie, I shared a new idea that I view as a win-win for both parties. The idea is for the Village to take out the health permit, incur all costs, collect all membership fees and other payments, and control the finances and facilities. There is a greater chance to make a profit under this scenario because we have a lower overhead from the start. We already have insurance, for example, a cost the WWBC incurs annually. We also have the means to invest $5,000 in improvements before the season starts if we add it to the current budget. With the right balance of setting membership fees, improving the grounds, and paring down expenses, the Village can make money.
The next challenge is how the Village will deal with the day-to-day management of the club. During and after I met with Jennifer and Bonnie, several possibilities have been discussed and suggested - from the Village running the club; the WWBC running the club; or a hybrid of the two sharing responsibilities.
I favor the Village running the finances and facilities management and the WWBC running the seasonal day-to-day operations.
In the meeting, Bonnie expressed her concerns that this might be an elaborate scheme to end Hamlet memberships. I offered her a 5 to a 10-year term of guaranteed hamlet membership in a show of good faith, which should dispel those concerns immediately. And there is no additional risk to Hamlet memberships under this new scenario. Under the current arrangement, any Board present and future could cancel Hamlet memberships with three votes. Second, the WWBC/Village lease has always contained a clause that allows three members of the Board to cancel the lease at will, at any time during the season.
The 5 to 10-year term I offered included the WWBC management's request to keep the same season and hours of operation it has always enjoyed. Again, I believe my proposal is a win-win situation balancing the financial responsibilities I have to the taxpayers and to the tradition of Hamlet membership.
I invite all constructive comments and suggestions on this year's budget (posted on the Village website), the new sewer department, and the idea of the Village managing the finances and facilities of the club and the WWBC maintaining the day-to-day seasonal management of the club.
Unfortunately, I can point to several postings on social media that have mischaracterized my WWBC proposal. Specifically, one false story is I am disbanding the WWBC. Dissolving the WWBC is not prudent, nor is it an option: it is a private entity outside of Village control.
The Village Board of Trustees met on Wednesday, March 24 at 7pm Via Zoom. All members were present.
Prior to opening the meeting, the Mayor noted that Chief Conklin would be absent due to a family emergency.
Mayor’s Comments:
Mayor McFadden, and Deputy Mayor Shaw have been hard at work on the budget with the help of Consultant Debbie Matthews. Things are going well and the Mayor believes they are on a positive trajectory for maintaining the tax cap. He further noted that last year’s trimming of expenses has paid off and he thanked everyone involved.
The Mayor raised the idea of payment for elected officials, noting that this was idea alone and that he was looking for feedback from the Trustees as well as the public. Currently, positions on the Village Boards are voluntary and can be quite time consuming. Mayor McFadden feels it might be a good idea for the Village to bring itself inline with other municipalities by offering some sort of fiscal compensation, not a large amount, just something symbolic and reasonable. He suggested that whether or not he would decide to pursue the idea would be based on the feedback he receives in the coming weeks.
Together with Deputy Mayor Shaw, the Village attorney and accountant, Building Inspector John Ledwith, Elizabeth Doherty and DPW Superintendent Voss, the Mayor has been examining the idea of changing the sewer billing system. Currently, sewer costs are evenly spread amongst residents and are built into property tax payments. What is being considered is a unit-based system, whereby the billing would be independent. Not only would this be more equitable but instituting charges for the sewer would also allow the Village to build up reserves, which could in turn be used to offset pending infrastructure costs, particularly within the antiquated sewer system. Residents are encouraged to reach out to the Mayor and/or the Trustees with any feedback they might have on this idea.
Monthly Reports & Minutes to the Board & Public:
Click here for the Police Report
Click here to view the Police Reform Committee Draft
Click here for the Water Department Report
Click here for the Construction Report
Click here for the DPW Report
Click here for the Treasurer’s Report
Click here for the Town of Tuxedo Liaison Report
On Behalf of the Climate Smart Community, Jim Hays reported that this task force had been formed in an effort to lower green house emissions by taking a look a closer look at emissions coming from Village Buildings as well as Village owned Vehicles and examining ways that they can be reduced in order to achieve both an environmental and economic benefit. The group is proposing that the Village join The International Council for Local Environmental Initiatives at a cost of up to $600. This expense can be shared with the Town of Tuxedo should they decide to join as well. There are a number of benefits to joining the council and Mr. Hays briefly outlined many of them. Following minimal discussion, the Board voted unanimously in favor of joining the Council as proposed. Further, they voted in favor of investing $150 in a See Change Webinar, to be made available to all residents, which focuses on climate change and steps that can be taken to mitigate the effects thereof.
Representing the Lakes Committee, Mr. Hays next reported that he had submitted to the Board for their review a draft watershed management plan and requested that they take a look at it and provide feedback as soon as possible.
Finally, Mr. Hays reminded the Trustees that it was almost time to issue the annual notification to landscapers letting them know that the use of phosphates has been banned in the Village and that those who utilize them may ultimately loose their right to conduct business in the Village moving forward. He suggested that hanging a sign at the front the gate might be a good way to do this.
When asked by the Mayor for an update on the Board of Assessment Review, John Ledwith informed the Board that the applicable changes had been made and that the draft report would be available to the public on April 1.
Orange & Rockland Presentation – Phase 2: East Lake Road Reconducting:
Representatives from Orange and Rockland provided a detailed presentation summarizing the work completed in Phase 1 of the project, which was concentrated mainly along West Lake and Continental Roads, and outlining the scope of Phase 2, preparation for which has already begun along East Lake Road. The project is expected to commence on April 14 and run through December 30.
Following the presentation there was some discussion with regard to traffic flow particularly as it pertains to road closures, notifications thereof and the inconvenience of rerouting traffic all the way around the lake.
The Mayor noted that the Police Reform Committee had completed their draft 6 weeks prior and that it had been available to the public for review and comment for over a month. He reported that to date they had not received any negative comments or suggestions. As the Trustees were slated to vote on the plan later in the meeting, he asked the public if they had any questions or comments to bring forward at that time. There were none.
Public Comments:
Claudio Guazzoni inquired about the tax assessment roll, specifically noting that he would like to see more color in terms of the number of people had grieved and the number of changes that had been made as a result. He was informed that a total of 35 grievances were made. The Board was not comfortable divulging the number of changes that had been made and reiterated to Mr. Guazzoni that the information would be made public on April 1.
Marc Citron spoke in favor of the Wee Wah Beach Club, commenting that the previous summer had been a success for the club, despite all of the additional safety guidelines and restrictions that were put in place as a result of the pandemic. He recommended that the Board renew the lease with the Club for a minimum of 1 year and further advised that they should engage with the Club as soon as possible in terms of any new or further Covid related restrictions so that they could be in touch with their membership and also to ensure a timely opening of the facility.
Jay Reichgott also spoke in favor of the Beach Club. He further commented that in reviewing the supporting documentation that had been circulated by the Mayor prior to the meeting, he noted that the possibility of allowing Village residents to utilize the property for swimming when the Beach Club was otherwise closed (early in the morning and after 8pm) had been suggested. He advised that not only would this pose a number of serious dangers but that he believed it would also be a violation of Village law.
Consent Agenda:
Trustee Gluck requested that two items, The January 25 Board of Assessors meeting minutes and the adoption of a Community Paper Shredding Day on April 22 be removed for discussion, which they were. The Board then voted unanimously in favor of approving the consent agenda.
They then proceeded to briefly discuss the two removed items, after which they were both unanimously approved.
New Business: Resolve to Approve the Police Reform Committee Plan – The Board voted 4-1 in favor of approving the plan, which Trustee McHugh voted against. “I’m a no as a result of the tasers,” he noted. “And also, the link on our webpage did not go to the report, but my guess is that would not have made a difference.” The Mayor responded that he found it regretful that Trustee McHugh would allow something like this to have a negative impact on the wonderful parts of the plan that the community group had worked so hard on. Resolution Establish Minimum Hours Requirement for Part-Time Police Officers – One of the unintended consequences the Village faces from having transitioned to predominantly part-time officers is that some of the officers are only available to work 1 of fewer shifts a month. “As a result, you might get a ticket from somebody who you have never had a chance to meet and that is just not in keeping with where we want to take the department in the future,” stated the Mayor. “This is about community policing and knowing who you are dealing with, knowing how to call them by name, de-escalation, and treating the community like a family and visa-versa.” The Chief has recommended a minimum requirement of two shifts per week for part-time officers. There was some discussion as to the length of the proposed shifts after which the Board voted unanimously in favor of adopting the resolution. Resolution to Approve Removal from Inventory of Police Surplus Equipment – The Board voted in favor of approving the resolution to remove a shredder and five monitors from their inventory. Trustee McHugh abstained, commenting that he did not know what the items were or what the department planned to do with them once they had been removed from the inventory. Mayor McFadden expressed his displeasure that Trustee McHugh had not taken then time to review the materials, which had been sent to him weeks prior, so that he could be prepared to vote at the meeting. Discussion Regarding the Lease Renewal for the Wee Wah Beach Club: Mayor McFadden called upon Club president Bonny Takeuchi and Beach Club Board member Jenn Darling to outline their proposal for the season. Mrs. Takeuchi began by thanking the Trustees for working with them during the 2020 season and allowing them to open during the Pandemic. She has been in touch with the Orange County Board of Health regarding Covid-19 regulations for the coming season. Although they have not yet received any official guidance, they suggested that things would likely be the same or possibly less stringent. As the Club has demonstrated their ability to comply with the regulations put forth by both the State and the Village successfully, Mrs. Takeuchi is hopeful that they will able to renew the lease for the upcoming season. Mrs. Darling concurred, adding that they were hoping to negotiate the renewal as soon as possible as they would like to raise money for a new playground to be installed prior to the opening of the Club for the Season. Additionally they would like to begin offering weekly Yoga classes for the community on Sundays in April or May.
Mayor McFadden clarified that the Club was looking for a 1-year renewal and wondered what type of fee they were proposing.
It was noted that for various reasons pertaining to water levels in the lake and dam reconstruction the Club had not paid a fee. Historically prior to that, it was $1000.
The issue of road safety was addressed. During the 2020 season, non-village residents were required to access the Beach Club via the North Gate on weekends. The Mayor believed this to be very successful in mitigating traffic concerns that had been brought forward by Village residents. Mrs. Darling responded that they were hoping to avoid this practice in the coming season. The Beach Club averaged 7 non-resident vehicles per day during the week and 10 per day on weekends last year. The cost of paying a Police Officer to man the North Gate was great and frankly, a challenge for the Beach Club as their membership was somewhat low due to Covid. They do not feel the number of cars justify the expense and are respectfully requesting that their non-resident members once again be allowed to access the Beach Club via the Front Gate.
The Mayor noted that he had gathered some suggestions from village residents and would like to share them. He further that these suggestions did not represent his personal opinion or the opinion of any other Board member. Some residents have suggested raising the fee to $5,000 or $10,000. Some have suggested allowing residents to use the facility for swimming when the Beach Club is not open. The Mayor noted that the Village had briefly explored this idea last year, asking their attorney to look at both insurance and liability issues, but had been nothing more than a preliminary discussion.
Mrs. Darling suggested that if they were not required to man the North Gate, the Club would likely be amenable to an increase in rent. “We are not beyond paying our fair share to the Village,” she stated. She expressed some uncertainty as to whether or not the Department of Health would allow a Swim At Your Own Risk situation after hours. The Beach Club holds the permit and so they have some concerns with regard to that suggestion. Further swimming after sunset is not permitted by the Department of Health.
Trustee Gluck commended the Beach Club for the wonderful way in which they had stepped up and operated during Covid last year. He is very much in favor of getting it up and running again for the upcoming season. He noted that he had never been a big fan of the North Gate plan and that he believed that the traffic flow to the Beach was minimal. He feels the issue of after hours swimming should to be addressed separately and that there could be some significant issues with it. Finally, he stated that he believed they had budgeted to receive $1,000 in revenue from the Beach.
Trustee McHugh echoed Trustee Gluck’s comments.
Trustee Kasker asked a number of clarifying questions about the history in order to bring himself up to speed.
Trustee Shaw noted that she would like to discuss the idea of swimming off-hours further with their attorney as she had gotten the impression from him that as long as they had the proper signage, this would be ok.
Stewart McGregor commented that he was a life-long Village resident who had been enjoying the benefits of the Beach Club for 76 years. He believes it is imperative that the Club open. He further suggested that they should consider taking a look at the long-term so that they did not have to revisit negotiations every year. The Beach Club property is a critical and wonderful area in the Village. Various issues with the Beach Club have been kicked down the road for almost 60 years now. The Village does not have an active park and the idea of making the property an exclusive park for residents has been explored in the past, however when it comes to adding a line in the budget for Parks and Recreation, the idea becomes somewhat less favorable and some argue that it would not be a cost effective venture. Mr. McGregor suggested that the Village should offer the Beach Club a low lease payment this year as there will still be Covid related challenges and that moving forward they should put together a comprehensive group to study where things should go from here and propose a long-term plan for property.
The Mayor thanked everyone for their comments, further noting that the Trustees would discuss it and be in communication with Mrs. Takeuchi and Mrs. Darling.
Resolve to Approve the Building Permit for Rifkin Boathouse Located at 97 West Lake Road – The Board reviewed the Rifkin application for the construction of a Boathouse at 97 West Lake Road - The application has received the necessary approvals from both the Board of Zoning Appeals and the Board of Architectural Review. The Village code requires that the Applicant must demonstrate to the satisfaction of the BOT that the construction will not be detrimental to the water supply, and their approval is needed before the application can proceed. There was a somewhat lengthy discussion, after which it was agreed that the attorney would draft a resolution for approval later in the meeting. Resolve to Send a Thank You Letter to OCDA David Hoovler for Donation to the COTPPD for the Purchase of Two Body Worn Cameras Valued at $1,000 – The Board voted unanimously in favor of authorizing the Mayor to send this letter. Resolved to Renew MWG Vision Plan – The Board voted unanimously in favor of authorizing the Mayor to sign the agreement of renewal.
Executive Session:
The Board then entered into an 80 minute executive session to discuss two separate Village Employees and an Article 78 Litigation.
New Business Continued: Rifkin Boat House Approval – The Board voted 4-1 in favor of approving the application conditioned upon the approval of the New York State DEC and compliance with any conditions set forth by the BZA and the BAR. Trustee McHugh abstained because he was participating via the telephone. Resolution Authorizing Purchase of Replacement DPW Vehicle and Cancellation of Previously Ordered DPW Truck and Snowplowing Equipment – The Village is in receipt of a proposal from Reed Systems, Ltd. for a replacement vehicle at a price $70,430. The Board voted 4-1 in favor of the resolution with Trustee McHugh abstaining because he was participating via telephone. Approve the Appointment of Elizabeth Doherty as Village Clerk-Treasurer – As more information is needed before this appointment can be made, this was tabled. Resolution Authorizing the Mayor to Execute an Extension of the 2015 Memorandum of Agreement with Michael Bruno and Alexander J Jakowec Through June 30, 2021 – The Board voted in favor of adopting the resolution. Special Meeting and Public Hearing for the 2021/22 Budget – The Board scheduled a special meeting for Tuesday, March 30 at 7pm for the purpose of discussing a request by a resident to make an exception to the Village Code in order to allow film production at their residence. Further, they set the Public Hearing date for the 2021/22 Budget on Wednesday, April 14 at 7pm.
The Village Board of Trustees met on Wednesday, February 17 at 6pm via Zoom.
The first hour of the meeting was dedicated to a public hearing on a certain unnamed paper road known as Brook Road.
To listen to a recording of the public hearing, clickhere.
*TPFYI gained access to the meeting at 6:03pm after it had been underway for about 2 minutes. The recording begins roughly one minute into the first public comment. (Sally Sonne)
At 7pm the hearing was continued to March 17, 2021 at 6:45pm and the regular monthly meeting was opened.
Mayor’s Comments:
There were none
Reports:
Click here to view the Police Department Report
Click here to view the Water Department Report
Click here to view the DPW Report
Click here to view the Building Department Report
Click here to view the Communications Committee Report
Click here to read the Police Reform Committee Report
Click here to read the Town Board Liaison Report
Town Board liaison Michele Lindsay noted that there were certain items within her report that she would like to verbally highlight in order to make sure people were aware of them.
The sewer LDC held their annual meeting earlier that day. The group continues to work towards their goal of opening the new sewer plant so that they can lift the current sewer moratorium. There are 20 residences in the Village that are in the Hamlet sewer district.
Cleanup continues at the contaminated mulch pile on Long Meadow Road. The Town is spending $250,000 annually until the DEC lifts the consent order on the contamination.
Next week, members of the Town Board will begin taking a look at a redlined version of the Special Permit that has been submitted by Tuxedo Farms. They look forward to seeing what the new proposal is and as soon as possible they will get the public involved.
The Town and the Village have begun working together to improve communications regarding water service. There was a lot of confusion in the Hamlet and the East Village surrounding the recent boil water notice, which many felt was not widely enough disseminated. It is the responsibility of the Village Water Department to communicate with its’ customers however a fair amount of anger was directed at the Town from residents who didn’t understand where their water comes from and who is in charge of it.
Last year the Town decided to invest $35,000 to engage an appraiser to reappraise State owned parkland in the Town. (The State is the Towns’ largest taxpayer.) They may end up having to negotiate but what they believe will happen is that the tax burden will be more fairly distributed across taxpayers. They will not receive any more income but the State will end up paying a greater portion of taxes. This will be the case for both the Town and the School. Similar reappraising has taken place in both Stony Point and Haverstraw and has been successful.
Speaking to the issue with the Water Department, Mayor McFadden reported that the department would be collecting contact information from everyone in the Hamlet District who utilizes Village water and that appropriate notices will be sent out through the Village moving forward.
Board Attorney suggested that the Village might want to reconsider the idea of having the Town establish a separate water district for this area. If approved by the Town, this would give more formality to the District and even though the Village supplies the water, it would give more control to the Town in terms of oversight and billing. This idea initially was proposed several years back but was rejected by the Town at that time.
Mayor McFadden then asked Chief Conklin to speak to the Police Reform Committee Report. The Chief reported that after a long process with the committee and the completion of the community wide survey, a plan for the Village department has been put together and posted to the Village website for public review. Residents are encouraged to take a look at it and provide comments, suggestions and general feedback, after which the plan will be amended accordingly, adopted by the Board and submitted to the State.
Public Comments:
Maureen Coen expressed her concern with regard to a proposed cell tower on Ridge Road. She began by acknowledging the Communications Committee for their hard work and congratulating them on a job well done. She then noted that the proposal currently before the Board from Tilson called for the construction of a 12 story (120 foot) cellular tower on Ridge Road (one of the highest points in the Village). She feels that the construction of such a tower would be unsightly and that it would pose potential health risks for the community. Towering 5 stories (50 feet) over the average tree height, it would be visible from many vantage points in Tuxedo Park, including from Tuxedo Lake. The current proposal, if implemented, would create blight and greatly impact the Village view shed. She further highlighted several issues with the process including the lack of guidance from independent experts, as well as research into alternative options. She has spoken with an engineering consultant who is implementing alternatives to tall cell towers on the Harriman estate, which has similar terrain issues to the Village. She suggested that if the Village was serious about improving cell service and also considers protecting the scenic landscape a public necessity, that they should treat enhancing the service as an infrastructure project like building a dam or improving the roads and should obtain advice from independent experts in this area as soon as possible. She cautioned that this decision would permanently impact the scenic landscape and the quality of life and health of the Village community. She feels that such a lasting and impactful decision cannot be made arbitrarily or capriciously.
Mayor McFadden responded by reading the following recommendation, which has come to the Board from the Communications Committee: “We have the best and final proposal from Tilson for a 4G micro tower. In order to ensure the community that we are being presented with all the best options for cell service, we suggest the BOT hire an independent consultant, who is expert in this industry, to research any other options that can best serve the community within a short but reasonable timeframe. Technology evolves swiftly and constantly. The Village owes it to the community to see if the consultant recommends other options as well.”
He assured everyone that the project would not be moving forward without the proper analysis. The committee was only tasked with providing information. They are not making any recommendations. They have completed their work and turned things over to the BOT, but the Board has yet to discuss it. Therefore, it is extremely unlikely that the Tilson proposal would be approved at this juncture. He further suggested that if Ms. Coen would like to be involved, he would have no issue with her assisting. Ms. Coen responded that she would love to get involved.
Communication Committee Chair Paola Tocci added that when she had served on the Board of Architectural Review that they had used an independent consultant and had found his input to be of great value to both the applicant and the BAR. She whole-heartedly endorses hiring an independent consultant who could present to the Village other potential options. She further noted that she hoped the consultant would have independent resources for testing as well. She would not want all of the health and safety testing to be in one person’s hands. Testing options should come from the independent consultant and not the vendor.
Speaking to the earlier discussion of potentially developable land along Brook Road, Claudio Guazzoni suggested that if somebody were to purchase this property from Michael Bruno and put houses on it as part of the Town of Tuxedo, the Village may very well have to grant those home owners access to the property via the Front Gate.
Board attorney Brian Nugent responded that it was his understanding that the agreement prohibited the property from being developed and/or sold and then developed.
Speaking to the situation with the Water Department, Mr. Guazzoni noted that several years back he had spoken with Suez, who indicated that they would be very interested in acquiring the 324 Hamlet water customers from the Village for a large sum. He further noted that supplying these particular customers with water was costly for the Village in many ways and that they might want to consider exploring such a sale.
Chiu yin Hempel commented that she was delighted to know that the Village was only in the preliminary stages of investigating the various possibilities for increased cell service. She agrees with Ms. Coen completely with regard to the concerns about aesthetics and the impacts on the view shed as well as potential health threats. She was glad to hear that the Village would be seeking independent opinions and she offered her time as a volunteer to help with the process if needed. She cautioned that the issue needed to be explored from all angles.
“This exploration of a cell tower could die out very quickly,” point out the Mayor. “There really is no vested interest by any of the Board members to install a cell tower at any particular spot in the Village. But I do recall that it was a campaign issue and there are quite a few people in the Park who would like to see better cell service and I am doing my job and I am going through those motions.”
Mrs. Hempel inquired as to whether or not the Village would receive any income from hosting the cell tower.
The answer was yes, roughly $12,000 annually with contractual increases.
Ms. Tocci added that she would be happy to forward the names of several potential consultants to the BOT for their consideration/review.
Jake Matthews noted that he was glad to hear that planning was still in the early stages. He went on to echo the sentiments of Ms. Coen and Mrs. Hempel in terms of both health and aesthetic concerns. “Once something is up,” he stated, “you really can’t go back on it. Tuxedo Park has such a magnificent geographic landscape and we should not mar it with something that has not been thoroughly thought through, where the negatives might outweigh the benefits.” He agrees that an independent consultant should be hired and further suggested that while cell service in the Village does need to be improved, the ultimate goal should be to improve it in a thoughtful way for the residents, rather than installing a tower that would benefit multiple communities around the Village. “What we don’t want is a company to come in and install a tower that serves us in a limited way, but then they are making money hand over fist distributing cell service to everyone else. This should be a very targeted solution for our community and done thoughtful to protect health and our view sheds.” Finally, he stated that he was not sure that Ridge Road would be the appropriate pace for a tower, although he further noted that he is biased being that he lives in that area and is raising his young son there.
Chris Mahan agreed with the previous speakers, further commenting that he believed a lot of the excitement was the result of the fact that the original meeting agenda suggested the Board would be resolving to sign the Tilson agreement, although this was later changed to a discussion rather than a vote. He suggested that the installation of such a tower should be taken seriously and not viewed as a revenue-generating event for $12,000. He suggested that the process should include significant studies. “We all know that the telecommunications industry has huge resources,” he pointed out. “Taking advice from them is like taking advice from tobacco companies that say it is safe to smoke.” He suggested that if they were seriously considering altering the landscape he hoped the Village would undertake visual impact studies, to include a crane to demonstrate the actual impact for residents, and that additionally a significant amount of process would likely be involved including SEQR, (tower would be a type 1 action as it would be over 100 feet) approval from the New York State Preservation office and both the Planning and Architectural Review Boards. Finally he cautioned “If the Board voted to put up a 120 foot tower looming over Tuxedo radiating energy across all its citizens, it would probably be the single most defining thing that you would be remembered for and our grandchildren would be remembering you as they looked up at that tower. I don’t think this is an inconsequential decision and it should be taken with great thoughtfulness, care and thorough diligence.” He believes there are other alternatives and that the consultant should be utilized to find one that is more suitable for the Village community.
The Mayor noted that he had made an error with the agenda. He apologized for any consternation that the initial agenda may have caused, further noting that he agreed with everything Mr. Mahan had said and assuring him that this was the direction in which the Village would move forward.
Greg Beard stated that he agreed with everyone who had spoken before him and that he would hate to see a cell tower go up. He believes that the Village should not waste their time even considering it and that they should not make use of resources exploring an option that they should not move forward with. “The Village has never had good cell service. We kind of all know it and live with it. There are solutions you can get in your own home and on your own property to deal with it.” He further suggested that one of the professionals who had visited his home had advised the service might be improved were the village to install a repeater at the water treatment plant, the Village office or the DPW plant.
The Mayor reiterated that the discussion was only in its preliminary stages further commenting “I don’t consider this proposal for a tower from one vendor to have any significance beyond information being handed to the Board to consider and to invite the public in for their viewpoints.”
Mr. Beard cautioned that if they were to move forward with it, he believed there would be a number of people who would fight it “tooth and nail” and that if there were any individuals who wanted to further study the tower option, they should be asked to fund those studies themselves.
Claudio Guazzoni commented that he felt a cell tower would be a dreadful idea, pointing out that property values would likely be impacted that it would not be fair to the people living on Ridge Road to diminish their real estate in that way.
Mayor McFadden agreed, stating that it was the vendor who had proposed the Ridge Road location and that there had been no formal follow through on the part of the Village to put anything there.
Ms. Tocci reiterated that a cell tower was only one of many options and that the independent consultant would be able to present additional options. She further noted that additional independent consultants could and should be utilized to address people’s concerns about health and safety.
Jake Matthews noted that there were cell towers surrounding Tuxedo Park and he thinks an independent consultant might be able to suggest ways of leveraging those existing towers rather than installing a new one inside a historic community.
Old Business: Discuss Tilson Proposal To Provide Cell Tower Service to The Village of Tuxedo Park – The Trustees briefly outlined their positions with regard to the proposal and the idea of enhanced cell service in the Village. Trustee Kasker noted that there was still a lot of work to be done. He noted that he had spoken with a resident earlier idea who expressed frustration at the idea that a tower might go up so quickly when he had been struggling to get BAR approval for what he believed to be a relatively simply project. Trustee Kasker further suggested that the issue of improving service had really come to light last August when the Village was without power for an extended period of time and many residents struggled to get service. He expressed concern with the idea that those residents who did not maintain a landline might not be able to call for help if needed in these types of situations. He feels that the Village definitely needs to pursue the exploration of options, whether this means an expert consultant or some other method and it is an expense they should budget for in the upcoming year.
Trustee Gluck agreed that funds should be budgeted. He noted that there is a lot to be examined and considered, but he believes they should do it.
Trustee McHugh stated that he was not in favor of a cell tower but was more than happy to explore other options. He thinks it makes a lot of sense to bring in a consultant, who will be able to more clearly frame the issues. For him, it is a function of what the Village can afford in the budget and getting some ideas on vendors and costing.
Trustee Shaw agreed with Trustee Kasker’s comment about individuals who don’t have landlines, expressing concern over this issue and suggesting that the Village should explore solutions. Resolve to Hire Part-Time Police Officer – On the recommendation of Chief Conklin, the Board voted unanimously in favor of hiring part-time police officer Giana Capone. Officer Capone was on the Zoom call and proceeded to introduce herself to the Board and thank them for the opportunity, noting that she was looking forward to working in the Village. Resolve to Approve Separation From Service Policy – The Board voted unanimously in favor of approving the separation from service policy. Resolve to Approve Ex Post Facto the Emergency spending to Hire Leak Detection Firm – During the recent water main break, which resulted in a boil water notice for water customers in the Hamlet, the Village had to bring in a leak detection expert at a cost of $6,600. Following a somewhat lengthy and confusing discussion regarding the work that had been completed vs. the work that remains and associated expenses, the board voted unanimously in favor of approving the emergency spending. Resolve to Approve Ex Post Facto the Emergency Spending for Dam Certification – The Board voted unanimously in favor of approving this expenditure. Resolve to Approve Website Vendor Civic Plus – After researching multiple vendors, the Mayor has recommended moving forward with Civic Plus for a Village website redesign. The estimated cost is $12,000 spread out over a year. Budgeting was discussed and the Mayor proposed that the initial $4000 be taken from the money that had been set aside for redundant booth equipment.
Trustee Gluck stated that he was in favor of moving forward, commenting that he felt the upgrade was much needed and long overdue.
The Mayor noted that Civic Plus was a well-respected firm that had been utilized both by the Town of Tuxedo and Orange County.
Trustee Shaw commented while some of the public might feel it was not worth the expense to update the website, however the new site would provide services such as online bill paying and access to 311 services. She feels it is a worthwhile expense.
Mayor McFadden added that the current site is not ADA compliant and this is something that needs to be immediately addressed, but it cannot be done with the current site, which is actually a Word Press blog. If the Village were to sign an agreement the entire process would likely take 5 months. Once Civic Plus has been brought on board, one of the first things they will do is to conduct a community survey in order to determine which services and features are of interest to them. Following some further discussion, the Board voted unanimously in favor of moving forward with Civic Plus.
New Business: Resolve to Cancel “Bespoke” DPW Truck and Snowplowing Equipment Purchase at a Cost of $193,000 and to Pursue a Replacement Truck and Snowplowing Equipment not to Exceed $150,000 – Following a lengthy discussion it was agreed that this decision would be tabled until more information could be gathered. Resolve to Approve the Purchase of Two Tasers for the VTPPD – Chief Conklin noted that this was being considered as part of the police reform under the Use of Force category. An incident occurred in the Village less than a month ago where the one officer working responded to a mental health related call that turned into a physical, hands on altercation. Situations like this create the potential for injury both to the individual being arrested and the officer. The Tasers are equipped with warning systems that let people know what is coming. A few years back, one of the officers was confronted by an individual with a knife. “That Officer could have easily shot that guy and been justified. We don’t want it to get to that. We hope we never ever ever have to use the Taser, but we want it at our disposal in case we need it.”
Trustee McHugh wondered whether the Taser was mandated.
The answer was no. The Chief outlined the current force continuum, which consists of verbal warning, pepper spray (not always effective) and then firearms. “We are just looking for one more line of defense so that we can avoid a potential shooting if we have to.”
Trustee Gluck pointed out that there was a substantial amount of training involved with obtaining the certification needed to operate the Tasers and it was not as though they were going to be handed out to every officer to carry.
The Chief concurred.
Following some further discussion the Board voted 3-1 in favor of approving the purchase, with Trustee McHugh voting against. Resolve to Accept Bid on Surplus Police Equipment – This pertains to surplus equipment that was stripped from old police vehicles and put for sale by the Chief with the permission of the Board. The parts fetched $517 and the Board voted unanimously in favor of accepting the bid. Resolve to Approve Grant Application – The Board voted unanimously in favor of allowing the Chief to move forward with a grant that will enable replacing laptops with tablets, subject to review by the Village attorney. Resolve to Authorize Wee Wah Fishing Club to Repair Dock – The Board voted in favor of allowing the WW Fishing Club to move forward with dock repairs. At the request of Trustee Shaw, before and after pictures of the dock must be provided in order to ensure that it remains the same size. Resolve to Approve the Tuxedo Club Fireworks Application – There was a lengthy discussion regarding the Clubs application for fireworks, which mainly centered on Covid-19 and what restrictions may or may not be in place come July in terms of crowds gathering. Ultimately, the Board voted 3-2 in favor approving the application with the condition that the club must comply with all regulations at the time of the display. Trustees Gluck and Shaw voted against the approval.
The Board then entered into an executive session to discuss litigation and employees and union negotiations.
The Board of Trustees of the Village of Tuxedo Park is considering discontinuing a certain road that was dedicated to the Village in 1953 as a Parkway by the Tuxedo Park Association as follows:
Unnamed Paper Road parcel (approximately 1,800 feet in length) between tax parcels Section 103, Block 1, Lot 12 and Section 103, Block 1, Lot 49.2, and Section 103, Block 1, Lot 11.2; and, Town of Tuxedo parcel Section 8, Block 1, Lot 25.
The proposed amendments and related documents are available at the Village Clerk’s Office, 80 Lorillard Road, Tuxedo Park, NY 10987, Monday – Friday, 9:30 a.m. – 4:00 p.m.
Special Village Board of Trustees Meeting January 25, 2021
The Village Board of Trustees held a Special Meeting on Monday, January 25 at 3pm.
Mayors Comments:
There were none.
Public Comments:
There were none
Old Business: Resolve to Approve December 16 BOT Minutes - The Trustees voted in favor of approving the December 16 minutes. Resolve to Approve Debbie Matthews To Continue Training Her Replacement Elizabeth Doherty Through The End of May – The Board voted unanimously in favor of hiring Debbie Matthews one day a week at a rate of $355.74 per day to continue training her replacement, Elizabeth Doherty, through the end of May. The total expense will be $6,047.58. Resolve to Reschedule the Public Hearing to Discontinue a Portion of a Paper Road, AKA The Lower Brook Road, for Purchase by Resident Michael Bruno for Wednesday, February 17, 2021 at 6pm – The Trustees voted unanimously in favor of rescheduling the hearing for February 17 at 6pm.
New Business: Resolve to Adopt a Separation Policy – As the policy was not ready, this item was removed from the agenda. Request to Adjust Account #64501 in the Amount of $646.87 – A voucher was submitted to refund the customer for the credit amount on file following the sale of the property. The Board was in unanimous support of the request. Resolve for Weston & Sampson to Complete the Annual Wee Wag Dam & Pond No. 3 Dam Certifications – This was discussed for about 10 minutes. Trustee McHugh commented that the engineering firm CHA had performed these certifications for the past 3 years and he felt that for the sake of consistency that the Village should continue with them. He also noted that having worked on the Wee Wah Dam, CHA was better equipped to answer some of the questions that might arise and further that they had a strong interface with the DEC. He suggested that rather than to approve a firm at this time, they should consider approving a dollar amount.
John Ledwith suggested that utilizing Weston & Sampson would ensure a system of checks and balances. While there was no issue with keeping CHA involved in dam maintenance and DEC compliance, having another firm look everything over and complete the certification paperwork would allow them to make sure everything was truly in check.
The Mayor commented that he liked the idea of checks and balances.
Trustee Gluck stated that he felt both firms were good, but CHA was familiar with what would be required for the certifications while Weston and Sampson would likely need to collect information, which could well lead to accessory costs for the Village.
Trustee Shaw wondered if it were a complicated process and was informed that it not and consists of a 1-page form.
Trustee Kasker suggested that since both firms were strong they should choose the one that would be most fiscally advantageous for the Village.
Following some further discussion it was agreed that as the Board did not have estimates from either firm yet, they would authorize a dollar amount not to exceed $2,000, and choose the firm accordingly once the estimates had been received.
Audit of Claims : Discussion about BAR Billing of Engineers and Attorney’s Time Per Applicant – The Board discussed BAR’s billing of Engineers and Attorney’s time per applicant. Best practices must be developed. Mayor McFadden suggested that he would draft something up based on what the Planning Board uses and present it for approval at the next meeting. He suggested they hold off on billing until then. Trustee Kasker noted that he agreed that the process needs to be fair and equitable and that they need to make sure that the right professionals are in the meetings. He further commented that he had attended the January 21 meeting of the BAR at which they spent over an hour reviewing the architectural details of one home and 35 minutes reviewing plans for a proposed pool at another. No decisions were made and neither project was granted an approval. While the attorney was present the entire time, he was never called upon nor did he weigh in, yet he will surely bill for the time.
The Mayor wondered if the BAR might consider having two types of meetings, one formal and the other informal. The informal meetings might focus on architecture and engineering comments and discussions, while the formal meetings would be reserved for decision making. If this were to come to pass, perhaps the attorney would only be required at the formal meetings. This is just an idea however. He further noted that the BAR had recently approached the Village and asked them to take a look at the Design Guidelines in order to possibly enable some updates/revisions. Approved/recommended materials are of particular concern to them in that there have been advancements since the guidelines were originally put together and what might not have been considered appropriate or in keeping with the historic nature of the Village has changed with the development of new materials.
Ultimately it was determined that they would take a closer look at the bills and work towards establishing best practices moving forward.
The Board then entered into an executive session to discuss separation policy and water invoice settlement.
Village Board of Trustees Meeting January 20, 2021
The Village Board of Trustees met on Wednesday, January 20, 2021 at 7pm via Zoom. All members were present.
Mayor’s Comments:
Mayor McFadden opened the meeting by commenting that he had posted a number of reports to both the Board and the Public. He encouraged everyone to take a look at the Police Department’s Annual Report, which is a report put together by Chief Conklin summarizing the past year. He further noted that although there was no formal report at this time, the Communications Committee was very close to negotiating a contract for a new cell tower. Additionally, Village engineers, Weston & Sampson, completed a structural review of the DPW building. While there appear to be no substantial structural issues with the building itself, there are a number of other issues, (stairs, lighting etc.) which will need to be addressed moving forward.
Reports to the Board & Public:
Click here to view the Police Report
Click here to view the Police Department’s Annual Report
Click here to view the DPW Report
Click here to view the Building Department/Construction Report
Click here to view the Water Department Report
Click here to view the Engineering Report
Click here to view the Budget Report
Click here to view the Village Litigation Report
Click here to view the results of FYKE Bird Count
Click here to view the Town Liaison Report and here to view the notice for an upcoming meeting of the Tuxedo Farms LDC.
There were no comments from the Trustees on any of these reports.
Public Comments:
Robert Brown noted that he had noticed additional commercial traffic in the Park on the weekends, mainly FedEx and Amazon. These trucks frequently stop in the middle of the streets, creating a safety hazard when cars have to drive around them. He wondered if there had been a change in policy as he had been under the impression that commercial traffic was not permitted on the weekends.
Mayor McFadden responded that the Board and the Police were well aware of this issue and that they had taken steps to address it this past summer by limiting the hours during which commercial vehicles can enter the Village on weekdays. Chief Conklin concurred adding that deliveries were not permitted (without request for an exception) past 5pm on weekdays. He added that deliveries are allowed on Saturdays but not Sundays. He further suggested that they could look into discontinuing the allowance of Saturday deliveries if desired. Trustee Kasker suggested that prior to making any changes they should explore the issue further and get feedback from the public. Either way, Mayor McFadden assured Mr. Brown that the vehicles should not be stopping in the middle of the road and they would look into it ASAP.
Claudio Guazzoni commented that it had been his understanding that there was supposed to be a public hearing on the discontinuance of “an unnamed public road” earlier that evening at 6:45pm, but the hearing had not occurred. He wondered if the hearing had been cancelled or postponed.
The Mayor responded that the hearing had not been planned for “un unnamed public road” but rather concerned the lower Brook Road and the subsequent agreement with Michael Bruno. “You should know this because you were on the Board when the Village made this deal,” commented the Mayor McFadden, further explaining that Mr. Bruno has an option to buy the lower portion of the Road but before that can happen, it must be discontinued. The discontinuance requires a public hearing. The reason the hearing had been postponed was due to a clerical error on the notice. This was announced via an email circulated by the Mayor to residents earlier in the day.
Mr. Guazzoni inquired as to whether there would be a public hearing to consider the discontinuance of the road connecting East Lake Road and Tuxedo Lake.
The Mayor responded that that particular hearing had already taken place and the road had been discontinued several weeks back.
“So, we are not having another hearing tonight?” pressed Mr. Guazzoni.
The Mayor reiterated that another hearing was not needed as the road in question had already been discontinued. “Didn’t you make a series of accusations? Would you like those to be addressed?” continued Mayor McFadden. “You made a series of accusations about side deals, inside deals, land sales, public bids and all sorts of stuff. You claimed there were people who were willing to pay $150,000 if it has a dock. Do you want to ignore those comments you made or do you want to discuss them publicly?”
“Mayor, keep going,” responded Mr. Guazzoni. “You are a great playground bully and you are adding to our Article 78. Keep going.”
“In that case,” replied the Mayor, “I will ask the attorney to address those matters because he is our expert and we rely on him.”
Village Attorney Brian Nugent advised the Mayor that these comments should not be addressed during the meeting and that they should move on.
Michael Coleman thanked the DPW for their hard work during the last snow event. One of the workman noticed that Mike was struggling to get up Crows Nest Road and went beyond the call of duty to ensure he was able to get up there by blazing a path. “Thank you to Jeff Voss and the great workers of the DPW for being out there and being vigilant.”
Old Business: Workers Compensation Insurance PERMA – This coverage represents old Workman’s Comp claims that are still being paid out. Following some discussion, the Board voted unanimously in favor of extending it.
New Business: Resolve to Approve Weston & Sampson Training of PFAS Sampling Protocols and Labs – The Board voted unanimously in favor of this resolution. Resolve to Approve Weston & Sampson Recommendation for Control Panel Installation - The Board voted unanimously in favor of this resolution. Resolve to Establish Procedure For Tax Assessment Settlements – This was discussed at some length. Trustee McHugh commented that while he admired the attempt to democratize a process, he didn’t feel that what had been proposed allowed the Village the latitude or the leverage needed when meeting in front of the Judge. He agrees that the process needs to be enhanced, but he feels it would be better to have a group buy in prior and then designate one or two Trustees to appear before the Judge. Trustee Gluck concurred, suggesting that what had been proposed made for a good start but he felt there was “a more elegant” way to get there.
Ultimately, the Board voted 3-2 in favor of approving the resolution with Trustees McHugh and Gluck voting against. Resolve to establish a committee of community stakeholders in compliance with Governor Cuomo’s Executive Order. The New York State Police Reform and Reinvention Collaborative. Members of the Police Reform Committee are: Police chief Dave Conklin, Mayor David McFadden, Trustee Chris Kasker, Father Richard “Rick” Datos-Robyn, Joshua Scherer and Serena Mueller – Mayor McFadden explained that the Governor had passed an Executive Order following the George Floyd case whereby the State is asking all police departments in the State to evaluate their method of policing and their techniques of policing. There is an April deadline by which each municipality must accept a plan that reflects consideration of requests made by the Government. Each municipality is required to put together a committee to meet with the police and review the way they police and move towards community policing and/or move towards reallocating budget from one section to another. The committee will make a report to the public, and the public will be able to review the plan and make comments via public hearings.
The Chief and the Mayor have put together the committee as noted above.
The Board voted unanimously in favor of ratifying the committee. Resolve to sell surplus Police Equipment – Following a brief discussion the Board voted in favor of selling surplus police equipment as detailed by Chief Conklin, with Trustee McHugh abstaining because he could not find the list within his Board packet and did not want to vote without seeing it.
Approval of Minutes :
Following some discussion the Board agreed to table the approval of minutes.
The Board then entered into an Executive Session to discuss litigation and employees.
*This evening's Public Hearing on the purchase of the lower portion of a Village Paper Road, a.k.a. Brook Road by resident Michael Bruno has been postponed.
Village Board of Trustees Meeting December 17 2020
The Village Board of Trustees met on Wednesday, December 16 at 7pm via Zoom. All members were present.
Mayor’s Comments:
Mayor McFadden opened the meeting by wishing everyone happy holidays and acknowledging the impending winter storm, for which the Village is well prepared. Garbage pick-up for Thursday, December 17 has been cancelled and the Village Office will also be closed on that day. DPW and Police have extra manpower standing by in case it is needed. Anyone with special safety requirements or who might want a safety check for either a loved one or a pet is encouraged to contact the Police Department at 351-4741.
Covid-19 cases and subsequent hospitalizations have increased in Orange County and the Village is advising all residents to be careful and to continue following the CDC guidelines.
Village Engineer Q & A Regarding Sewer Line Repair:
The Mayor introduced Joe Zongol of Weston & Sampson, who provided the Board with a summary of their recent memo concerning SSES (sewer remediation) and I&I (inflow and infiltration) issues in Village and their recommendations for how they should be addressed.
Explaining that the Village has a SPDES permit, (discharge permit) which allows them to operate and maintain the wastewater treatment plant and associated collection system, Mr. Zongol further stated that there is an I&I problem within the collection system, allowing for infiltration of groundwater into the sanitary system and inflow (illicit connections, sump pumps, etc.) This increases both the flow through the plant as well as chemical usage and dilutes down the ability to effectively treat the wastewater. As part of the SPDES permit, the Village is required to remediate some of the I&I within the system. This is something that has been ongoing for a number of years. A portion of the project is currently under construction and will be substantially completed as of December, with an anticipated return credit of $121,815 to the Village on the $451,582 contract.
Within the project, there was a section of pipe that was discovered to be 4inches in diameter as opposed to 6inches as originally indicated. Because 4-inch pipe is more difficult to install, remediating/relining this pipe could prove to be extremely expensive for the Village, even with a change in material from clay tile to PVC. W & S is recommending that the Village not remediate this small section of pipe, which is actually contributing a relatively small amount of I&I and rather approach the DEC and substitute it with a section in the Village that has yet to be investigated but is likely to be contributing a much higher quantity of I&I and will move to achieve the Village’s goal of attaining more I&I reduction for the same value, while holding the contractor to his provided price.
Next Mr. Zongol moved on to the Overton Subdivision project, for which there has been an agreement cast between the Village and the applicant, whereby the DEC is mandating that for every house constructed which adds to the sewer flow in the Village the applicant must provide compensation to do a 3:1 offset for I&I compared to the base sanitary flow. Three areas within the Village system, referred to as “trunk sewers,” where clay tile pipes are in close proximity the lake t have been identified. W&S is recommending that by the process of flow isolation they determine whether or not there is substantial I&I in the trunk sewers and if so, they will meet with the DEC to see if they can substitute remediation of this project for the 4 inch pipe. At the same time, this can be coordinated with the Overton Project and a legal agreement can be executed for partial reimbursement to satisfy their need to remediate I&I. This way the Village can get significant reduction while the Overton Project can meet their needs. The trunk flows have been identified for three main reasons. First, there have been reported sewer overflows during high rain events and this could pose a public health concern flowing into the lakes. Secondly, the Village has received a notice of Violation from the DEC for excessive flows, which requires that they submit a work plan to address certain items and specific sub-basins have been identified for investigation. W&S has inserted a clause into the work plan, which states that if the Village were to find another significant source of I&I, they reserve the right to negotiate with the DEC to remediate these instead of investigating, designing and constructing repairs to the identified basins, which could be quite costly for the Village. Finally, remediation of the trunk sewers could work in concert with the Overton Project and since the current construction project is being funded by grant monies and through low and no-interest loans, with a credit of roughly $120,000, that money could then be applied toward these projects if they are found to be significant contributors to I&I. If they aren’t, the credit could go back to the Village or be used in some other fashion.
Trustee Gluck commented that it was his understanding that there had been no reported sewage overflows. The one instance that was reported to the Board was reviewed and determined not to be an overflow.
Mayor McFadden countered that there had been a visual inspection after which it was determined that there had been an overflow.
Secondly, Trustee Gluck expressed concern that the Village should be careful not to “give away more than they have to” with respect to Overton and their obligations. He pointed out that according to the agreement it was Overton’s responsibility to fully fund any I&I required by the DEC in order to allow the lots to be connected to the system. While cost sharing is a possibility, he urged the Board not to get too far down the road with incurring expenses unless they had an understanding that reflects the cost sharing to its full extend within the agreements.
This was discussed.
Trustee McHugh concurred with Trustee Gluck that there had not been an overflow situation, noting that Jeff Voss had investigated and determined that a report did not need to be filed.
Secondly, with regard to the DEC notice of violation, he pointed out that after filing the work plan, the response they had received from the DEC noted that the Village had applied for a grant and were moving forward with the second phase of the I&I construction and that this would satisfy their requirement. He further pointed out that at the previous BOT meeting, the Board had approved a proposal for W & S to complete an analysis of phase-one in order to determine whether or not it had been successful.
Mr. Zongol concurred, noting that his recommendations had pertained to another section of the work plan, which requires the investigation of additional sub-basins.
Trustee McHugh responded that the Village has a responsibility pertaining to their SPDES permit and addressing I&I flows and that there are certain benchmarks they must hit with the DEC. Phase one has been completed and the benchmarks were not achieved. Now they are working on phase two. Once completed, he feels they need to analyze the work and if they have succeeded, then they will be in compliance with their permits.
Mr. Zongol replied that regardless of the results of the flow analysis study, the DEC has indicated that the sub basins will need to be investigated. He further stated that in his estimation it was unlikely that at the completion of the current project the floes would be below the threshold to not necessitate further work.
Trustee McHugh suggested that they might be jumping the gun and that although the three projects that have been identified by W&S are likely large contributors to the I&I issues, they should not spend money until they have to.
Trustee Shaw brought up the Pond #3 line, wondering whether Trustee McHugh felt that they should not investigate this issue.
He affirmed that he did not feel they should move forward with it at this time.
The Mayor expressed his concern with this, asking Mr. Zongol to confirm whether or not the situation with Pond #3 constituted a risk.
Mr. Zongol recommended that the Village look at the Pond #3 line, stating that he felt the risk management benefit could be substantial.
Trustee Kasker wondered whether the Village would meet the DEC requirements if they chose to do nothing further at this time.
The answer was yes, with the exception of figuring out how to remediate the situation with the 4-inch pipe. If the Village invests $4,800 into flow isolation, they may be able to determine that ultimately money could be better spent addressing I&I elsewhere and avoid the costly replacement of the 4-inch pipe.
Trustee McHugh suggested that if they were to do nothing now and wait until March/April when they will have an analysis of the work already completed…should they discover that they were still non-compliant with the SPDES permit, they would then be in a good position to go back to the DEC and propose the flow isolation project in lieu of the 4-inch pipe replacement.
Following some further discussion, revolving around timelines and Overton’s involvement, the Q and A was brought to a conclusion.
Reports to the Board and the Public:
Mayor McFadden delivered the following brief report highlights: Communications Committee – A cell tower for Verizon and other carriers is now within reach. The committee will be obtaining contracts shortly and if things go well they will be signing an agreement to have the cell tower installed. The only bummer is that there is a yearlong wait list, so it would likely be late 2021/early 2022 before anything came to fruition. Police – A car went into Tuxedo Lake at the intersection of Turtle Point and West Lake Roads. Thankfully, everyone involved was ok. The Chief is requesting a guardrail for that area. This will be discussed moving forward, but the Mayor feels it is a “probably a very good idea.” Welcome Committee – This committee held their first meeting via Zoom at which they discussed the goals and scope of the committee, which is to improve the take-away information provided to new residents. The meeting was very productive and they will be meeting again in January. The Traffic Booth – The project is going very well and there are no setbacks at this time. Village-Wide Re-Assessment – The Mayor, Trustee Shaw and former Deputy Mayor Chris Hansen participated in a phone call with the Real Property Service Administrator (southern region) for the New York State Department of Taxation & Finance as well as the Director of the Orange County Real Tax Service Agency. Various options for the reassessment were reviewed in detail. Ultimately it was concluded that undertaking the reassessment would “not be worth it” at this time. Mayor McFadden invited anyone who had questions about this to contact him following the meeting. Building Department – Clickhere to view the Building Department report for the month of December.
Public Comments: Jim Hays commented that back on December 2 he had sent an email to the Board volunteering to work with the Lakes Manager to develop a long-range plan for the treatment of the Village lakes. He then read a portion of the email into the record. At the time that the Village hired a Lakes Manager the BOT made a unanimous verbal commitment to give an annual report to Village residents on the state of the lakes. Such a report was to include the work during done during the previous summer as well as the condition of the lakes relative to the prior year. It would also indicate which of the prior years’ objectives had been achieved while outlining plans and objectives for the following year together with long-term goals and objectives to improve the ecological health of the lakes. The appropriate time to compile such a report would be in the beginning of the year before the Board started budgeting for next years’ work. Mr. Hays has offered to work with the Lakes Manager to prepare a draft of such a report with the intent of submitting it sometime in either late January or early February. He asked them to please consider this offer.
There followed a discussion with regard to the development with a long-range plan rather than looking at things on a year-to-year basis. Trustee McHugh suggested that the Lakes Manager had already been charged with the development of such a plan but he did not have the data yet to compile it. Mr. Hays noted that there was data available from the year prior but to date, no long-term plan had been created. He reiterated his offer help draft it.
The Mayor along with Trustees Kasker and Shaw were in openly in favor of this and so it was agreed that Mayor McFadden would meet with Mr. Hays to go over the technical aspects of creating the plan.
Trustee Gluck, who also endorsed Mr. Hays’ involvement, further suggested that a Board representative should be included in the process.
In regard to a resolution on the agenda pertaining to a paper road, Planning Board Chair JoAnn Hanson noted that it was not quite clear whether the Village was intending to buy or sell a paper road, however she believed that unless there was a really strong or necessary planning reason for the Village to surrender its right to its roads she would recommend against it. Further, she noted that if a resident was currently involved in litigation with the Village, she would question why the Village might enter into voluntary negotiations with that resident while litigation was still going on. On behalf of the Planning Board, she advised that the Village should retain on all of its roads and rights because as they moved into the future, they did not know what use they may serve for the Village.
The Mayor responded that the item in question pertained to a deal that had been made with Michael Bruno by a prior administration. One of the required stages of the deal is for the Village to schedule a public hearing. He further suggested that Board attorney Brian Nugent would explain further when they reached that part of the meeting. Claudio Guazzoni congratulated Trustee Kasker on his skill in writing out the Mayor’s Reports, further noting the last one regarding Debbie Matthews had been very well written and done her “some great credit.”
Trustee Kasker responded for the record that he had had nothing to do with writing the Mayor’s correspondence. “I didn’t touch the report,” he stated. “I will never write a report. I will attend the Board meetings and vote appropriately and do appropriate research, so let the record show that Kasker had nothing to do with that. That was all the Mayor or somebody else.”
Secondly, Mr. Guazzoni pointed out that later in the meeting the agenda showed that there was a road to be decommissioned. He wondered whether this was the paper road off of East Lake Road or another one.
Mayor McFadden responded that it was the road off of East Lake Road that had been under discussion for the last several months.
Mr. Guazzoni stated that he felt that it was very important that Village assets not be sold off “willy nilly.” He further suggested that if the Village residents truly did wish to sell the parcel in question, that it should be put up at public auction and sold to the highest bidder. “Right now the Mayor’s friend is bidding $15,000, which is a ridiculous low amount for this desired parcel. Why is the Mayor afraid to use a public auction process to determine a fair market value for this parcel? I think that fair market value is determined by the auction process. I myself have a $50,000 bid on that parcel. I will pursue my bid very aggressively. I will not see the Village sell and transfer very valuable lands at below market value to the Mayor’s friends in a backroom deal. It will lead to lawsuits here. We are bidding very aggressively. Our plan is to turn it unto a public park.” He then reiterated that Village assets should not be changing hands in what he again alleged were “backroom deals,” further suggesting that by doing so the Village was taking money out of everyone’s pocket and transferring it to private individuals.
Ms. Hanson reiterated that if the East Lake parcel was indeed what was being discussed that she did not believe that the Village should be selling land to anyone but should rather retain its’ rights to those lands.
Mr. Guazzoni pointed out that the Maddens were currently suing the Village and that they should not be entering into negotiations with anybody with whom they were engaged in litigation. Michele Lindsay inquired about the resolution on the agenda extending a 2015 agreement, wondering specifically if this were the annexation agreement and if the extension was to allow for the SEQRA process.
The answer was yes.
Old Business: Resolution – Weston & Sampson Proposal – The Board voted unanimously in favor of authorizing the Mayor to sign the Weston & Sampson proposal in the amount of $29,500 regarding sewer trunk line investigations for Pond #3, Wee Wag Lake and Tuxedo Lake flow isolation, which will include tasks 1, 2, 3A, 3B, 3C, 6 and task 7. Resolution – Discontinuance of a Portion of a Paper Road – For the record, Mayor McFadden pointed out that there has been no agreement to sell this particular road for $15,000 as previously alleged by Mr. Guazzoni. Trustee Kasker added that all they were doing by way of this vote was to change the property in question from a road to a property. The Village stilled owned it and retained all rights. No sale could move forward without a public hearing.
Trustee Gluck wondered why they were moving to discontinue the road if they were not intending to potentially sell it. He asked them to consider why they were going to the time and expense of doing this now if they did not have a clear picture of their ultimate intent suggesting they should wait until they had better confidence in what they were doing before moving forward.
The Mayor responded that the action was based on a request from the Maddens, who had come forward with an informal offer to purchase the lower portion of the paper road, and that it was his intent to present them with a counteroffer that included contingencies, but before anything formal could take place, offer or counter-offer, the road needed to be discontinued.
Following some further discussion, the Board voted 3-2 in favor of the discontinuance with Trustees Gluck and McHugh voting against.
New Business: Resolution – Authorizing the Mayor to execute an extension of the 2015 agreement between the Village and Michael Bruno and Alexander Jakowic – Board Attorney Brian Nugent explained that this pertained to a 2015 agreement between the Village of Tuxedo Park and Mr. Bruno and Mr. Jakowic concerning several parcels of land. At the time of the agreement there was a discontinuance and transfer of portions of certain paper roads. There remains one parcel/paper road along the Village Boarder to be purchased by Mr. Bruno as well as the annexation of two parcels that currently belong to the Town of Tuxedo. An agreement between the Town and Related Companies/Tuxedo Farms had originally required the later to annex the two parcels into the Village of Tuxedo Park, but in the 2015 agreement Mr. Bruno agreed to take on the responsibility of annexing the parcels into the Village. The provisions of the agreement are set to expire on December 31, 2020, however the Town and the Village are still waiting on the SEQRA documents before the process can proceed. The proposed the extension will extend the agreement for 90 days, allowing the SEQRA process to conclude and the annexation to move forward. The Board voted unanimously in favor of approving the resolution. Resolution and Option – Requiring the Purchase of Former Village Roadway Parcel – The Board voted unanimously in favor of this resolution. (*this resolution was actually voted on before the extension) Resolution – To Schedule a Public Hearing for 6:45pm on Wednesday, January 20, 2021 to Discontinue a Portion of a Paper Road Enabling the Village to Proceed with Requiring Purchase of Former Village Roadway Parcel – The Board voted unanimously in favor of scheduling the hearing. Resolution – To Approve the Village of Tuxedo Park’s Continued Membership of Tree City USA - At Trustee McHugh’s urging, Tree Advisory Committee Chair Christopher Gow explained that the Village had been a member of Tree City USA for the last 4 years. The Group embodies the same basic mission as the TAB, which is the promotion and encouragement of the stewardship of trees, which involves planting trees and encouraging the use of native trees as well as educating people about the benefits of them. After 5 years, the benefits to continuing the Villages’ membership is that there will be more grants available which will allow the Village to procure free trees to plant. This is particularly important at the moment because of the Emerald Ash Borer. Residents may have noticed the large streaks of bark that have been breaking free from hundreds of trees in the Park. This is a result of woodpeckers attacking the borer larva on the bark. The Emerald Ash Borers lay their eggs on the bark and when they hatch the larva bore into the tree and its transportation tissue, which ultimately kills the tree. Most of the ash trees in the Park will likely die. Tree City USA and the associated grants provide the Village with an opportunity to both plant new trees and learn more about what they can do to combat the Emerald Ash Borers and spreading the disease they promote.
The Board voted unanimously in favor of passing the resolution. Resolution – To Proclaim April 30, 2021 as Arbor Day – The Board voted unanimously in favor of proclaiming April 30, 2021 as Arbor Day. Resolution – To Proclaim Debbie Matthews Day – The Board voted unanimously in favor of proclaiming December 4 as Debbie Matthews Day. Every year on this date an acknowledgement to the Debbie will be posted on the Village Website. Resolution - Adoption of New Retention and Disposition Schedule for New York Local Government Records – The Board voted unanimously in favor of adopting the new schedule. Mayor McFadden announced that the Village was in the process of cleaning out their files and would be bringing a shredding company into the Village to assist with some of the disposal. He will be announcing this when it occurs so any residents who have things that need to be shredded will be informed. Resolution – Police Department Equipment Disposal – This resolution was unanimously adopted. Resolution – NEAMI/PERMA Contract Renewal – As the Trustees had not had ample time to review the contract information, it was agreed that the resolution would be tabled. Resolution – Adjustment for Account #121 in the amount of $402.39 for Consumption Usage Recorded in Error – This pertains to an inaccurate water meter reading and subsequent error in billing. The meter was reread and the billing corrected. The Board voted unanimously in favor of approving the resolution. Resolution – Resignation of PO Ryle – The Board voted unanimously in favor of accepting the resignation of Police Officer Ryle. Officer Ryle accepted a full time position elsewhere and could no longer give the Village the part-time hours. Resolution – Approval of Management Letter for Auditors – The Board voted unanimously approved the letter.
The Board then adjourned into an executive session to discuss a particular employee as well as litigation matters.
Village Board of Trustees Meeting November 18, 2020
The Village Board of Trustees met at 6:45pm on Wednesday, November 18, 2020 via zoom.
Public Hearing – Discontinuance of Paper Road:
Prior to opening the Public Hearing Mayor McFadden asked the Village attorney to comment on the purpose of the hearing as there had been a flurry of false information widely circulated throughout the Village in the days leading up to the hearing.
It was explained that the purpose of the hearing was to discuss the potential discontinuance of a road. The Board must determine whether or not the parcel in question has any municipal purpose and should they determine that it does not, they may choose to discontinue it.
The Mayor asked the attorney to confirm that there was nothing with regard to the potential sale of the property currently before them and that they had not accepted a $15,000 offer on the land nor opened any sort of bidding process.
The attorney concurred, further stating that the Village was not currently contemplating a sale of the property or accepting any offers. Resolution – SEQRA:The Board then voted unanimously in favor of declaring itself lead agency under SEQRA.
The public hearing was opened.
There was a lengthy debate with regard to the property in question, which began with a history/overview from Sean Madden, who owns the parcels on either side of the paper road. Mr. Madden further addressed the recent community-wide emails circulated by Claudio Guazzoni, labeling the content therein as “malicious mistruths” which he suggested were “a figment of the alternate universe that he (Mr. Guazzoni) seems to inhabit.”
Mr. Guazzoni responded, asserting that he intended no ill will towards Mr. Madden but felt that if declared surplus, the property should be put to auction where it could fetch a fair market price, arguing that he believed this would be “the right thing at the right price for the residents.”
There ensued a somewhat contentious back-and-forth, which was peppered by intermittent comments and questions from various other members of the public and which focused primarily on the potential sale of the property. At one point Mayor McFadden silenced Mr. Guazzoni’s microphone in order to prevent him from speaking but then reinstated it at the request of several residents.
Ultimately, in an effort to calm the uproar, Mr. Madden put forth an alternate plan, which would allow the Village to maintain the paper road and by which the Maddens would formally request permission to landscape the lower portion of the road, pursuant to a BAR approved landscaping plan. They would also be willing to make a donation to the Village, financing the ZOOM equipment that is currently under consideration. “This, from my point of view, would maintain the status quo. Nobody can sue anybody about it. The Village will get some benefit. We’re going to beautify the property and we can put all of this nonsense to the side,” he stated.
Mr. Guazzoni agreed that this would be a good compromise and solution and further vowed to match the Madden’s donation to the Village as a show of “no hard feelings.”
The discussion continued for some time with Chris Hansen making points regarding precedent that had been set by previous administrations with the sale of paper roads and further debate over the potential sale of the parcel. “In an environment where our community should be inviting new residents, who want to invest in their properties and make our community a more attractive place, this kind of process is not a good inducement,” suggested Mr. Madden. “The Board, this process, Claudio has wasted an enormous amount of our time and a little bit of money…and it’s annoying…and new residents are watching…and they’re watching the BAR process and the more difficult we make it , the more we are going to drive people away to more inviting communities in Westchester and other places in the Hudson Valley.”
Following some further debate, the Public Hearing was closed.
Click here to listen to a full recording of this hearing.
The regular meeting was then opened.
Mayoral Comments:
Mayor McFadden expressed his gratitude to several Village employees. Village Clerk Debbie Matthews has been busy training her replacement Elizabeth Doherty
while simultaneously keeping up with her daily responsibilities. Noting that this takes an impressive amount of time and effort, Mayor McFadden further commented that the training had been going very well and that Elizabeth has demonstrated a real “can do attitude” which the he believes will be an asset to the Village. He thanked both women for their strong work.
John Ledwith represented the Village at SCAR hearings in Goshen. He did an exceptional job as he always does, and the Mayor thanked him for his efforts.
There was a serious water main leak at the intersection of Tower Hill and Tuxedo Roads a week or so ago. DPW Superintendent Voss and his crew worked around the clock to both investigate and fix it and then Superintendent Voss played a critical role in working with the County on managing the boil-water mandate, making sure that things were done correctly and that residents were kept informed. Mayor McFadden thanked him and the entire department for their time and effort.
Lastly, the Mayor thanked Police Chief David Conklin for his work surrounding Halloween, making sure that the officers and residents were well informed and ready and then ensuring that everyone who was out and about was safe and in compliance.
Reports: DPW Report - Click here to view the DPW report Police Report – Click here to view the Police report Water Synopsis – Click here to view the Water Department synopsis. Trustee Shaw inquired as to the outstanding water bills and how the Village went about collecting these debts. Trustee McHugh provided an overview of the process. Building Department Report - Click here to view the Building Department Report Litigation Report - Click here to view the Litigation Report
Public Comments on Agenda Items:
Enrique Corredor commented that he felt that remarks made by Sean Madden at the end of the Public Hearing about having a community where residents could improve their properties were extremely important. “It just seems like Claudio’s attempts here were simply to obstruct what the Madden Family wants to do,” he stated. “The concept that that small sliver of land could be turned into a park is pretty outrageous if anyone has seen that piece of property. It’s super thin. It’s 15 feet wide. You can barely fit a bench on it and it’s a super steep incline,” he continued suggesting that the email Mr. Guazzoni had circulated to the community, in which he suggested that there was going to be a public auction and that people should band together and formulate proposals to purchase the land, was disingenuous and obstructive. “I don’t like feeling this way,” he stated. He then suggested that Mr Guazzoni and Mr. Madden get together and put a stop to all the negativity by coming to an amicable solution.
Mr. Guazzoni responded that his desire was not to obstruct the Madden family, but rather to protect the rest of the residents so that the Village obtains a proper and fair price for the property. He went on to say that Mr. Madden could bid in the auction and that nobody was preventing him from doing so. “My desire is not to give that piece of property away..take it off of the books of the residents and put it into the hands of somebody at a below-market value. That’s all.”
There were no further public comments.
Old Business: Discussion – Comparing Quotes from ZOOM and BlueJeans for Village Hall – The Village requested bids from 3 vendors on the design and installation of a remote meeting product in the Village hall. This would be utilized by the Village Boards and, if interested, the Village court. Over the course of the Covid crisis, it has become apparent that live streaming of Village meetings allows for greater attendance and community participation. Once in-person meetings resume, this equipment will enable to Village to continue to stream, providing residents with both virtual and in-person attendance options.
The Village contacted ZOOM, Bluejeans and WebEx. WebEx did not respond. ZOOM has presented a few options, which differ significantly in price depending on the type of technology the Village wishes to use ranging from $10,000 to $30,000. The Village may be able to acquire some of the equipment through its municipal IT agreement with the Town of New Windsor, which would potentially lower costs significantly. No information was provided about the Bluejeans bid.
Given Mr. Madden’s earlier offer to fund the equipment, Mayor McFadden suggested that the Board table the discussion until the next meeting, which would allow them time to explore all of their options. Before moving on he asked Trustees Kasker and Shaw whether they had any thoughts to offer on this topic or on the topic of the resolution to discontinue the paper road. The resolution to discontinue appeared on the agenda, but was skipped over following Mr. Madden’s offer during the public hearing.
Trustee Kasker expressed his frustration at the fact that all of the discussion seemed to center around an offer to purchase the property, but this is not what was being decided. Whether the Board votes to discontinue the road or not, it is still Village property and he is unclear as to why they didn’t vote on it as planned and then discuss purchasing should it arise.
The Mayor responded that he believed purchasing was off the table at this point. He inquired of the attorney whether they would still need to do discontinuance if they chose to give Mr. Madden a revocable license to landscape the property and further whether such a license would be permissible under those circumstances.
The answer was yes, a revocable license, with certain conditions, could be granted without the discontinuance.
Trustee Kasker pointed out that there had been only one vocal resident who was opposed to the discontinuance during the public hearing with close to 80 people in attendance. “We’re going to let one person dictate everything this Board is doing? I don’t think we want to live in a Village like that either. I would prefer that we table it an discuss it another time if that is what we want to do, but I don’t think it is fair to Mr. Madden to delay this process. Regardless of whether we discontinue the public road or not, it’s still Village property. The whole discussion was about selling the Village property and that’s not the resolution in front of this Board. We got totally sidetracked.”
“Madden offered an alternative to purchasing the road,” stated the Mayor, outling the offer that had been presented earlier. “If that’s the case, I do not believe that we would need to do any SEQRA work or any discontinuance work.” With that being said, he indicated that if they still wanted to do it, they could postpone until the next meeting. He asked then asked Mr. Madden for his thoughts.
“I think Trustee Kasker is right on the money,” responded Mr. Madden. “It is ridiculous the way this process has gone.” Commenting that he did not want to reiterate all that had been said already he stated “There has been a false choice presented by Claudio’s misinformation. That false choice is that somehow some other party could buy this lot. He said it’s apples to apples. It’s not. The only alternative is that the Village holds this property as is or it sells it to one of the two property owners, who can absorb it into an existing, code compliant lot. A 15x100 foot lot is not legal.”
From the audience Mr. Guazzoni asserted that the BZA could sell Village land in parcels as big or small as they chose.
Trustee Kasker attempted to silence Mr. Guazzoni by reminding him that this was not a public hearing and that he had not been invited to speak, to which Mr. Guazzoni replied “This is a public Board meeting, and my name was taken in vane again.”
“So what? Write a letter,” retorted Trustee Kasker.
“We created some form of peace Mr. Kasker and you decided to stoke the fire. Why is that? Come on! Stop! The BZA can do whatever they want,” stated Mr. Guazzoni.
“The notion that this piece of property is ever going to be owned by anybody else is fanciful,” commented Mr. Madden. “Before you even took action we would sue the Village.”
“and I would sue you too,” noted Mr. Guazzoni, “so we could both sue.”
“We are talking about discontinuing a Village Road,” Trustee Kasker reminded everyone. “You guys are both outside what’s on the agenda. Can we please just talk about discontinuing a public road!” He went on to point out that out of 80 individuals who were on the call, nobody had utilized the hearing to talk about their use of the road. He believes it is clear that the road has not been utilized by the public in years and therefore, does not serve any public use. “It doesn’t change the fact that the Village still owns it,” he asserted. “It’s just a piece of paper and a map no longer call it a road for 100 feet. We are making this way more difficult than it needs to be.”
An unidentified individual inquired as to what the benefit of discontinuing the road would be for the Village.
Mayor McFadden responded that the benefit to the Village was property tax and money to put into the coffers. “That’s what brought us here,” he said, further noting that what would have happened next would have been to negotiate a price based on fair market value. “The purpose of discontinuing the road is to open those opportunities to a resident which is our philosophy here on all of our boards. We want to be welcoming. We want to be accommodating.”
Trustee Gluck noted that the Public hearing had closed and that Board could no longer properly entertain comments from the public on this matter.
Following some further discussion, the Board agreed to table the issue and move on. Resolution – Approving New Procedure for Confirming Construction Costs on Building Permit Applications – Trustee McHugh initiated the discussion by explain that the Village had been experiencing issues with regard to building applications being inaccurate, where there have been gross discrepancies between submitted design costs and actual design costs. This affects the Village in terms of property assessment values as well as defending itself at SCAR hearings. The procedure is not an attempt to be overly onerous but rather to employ best practices that have been utilized by other communities. Attorneys for the BOT and BAR have reviewed the situation as have the Village engineers and put forth the recommendation currently before the Board.
Trustee Kasker commented that he would prefer to see what the options were. He is concerned that the proposed procedure would be adding bureaucracy to an already elaborate process. Some projects might not have an architect or a builder, leaving property owners to develop the estimates themselves. He does not understand how the construction costs relate to the tax assessments. He does not feel that he knows enough to move forward.
Trustee Gluck stated that he was a little sensitive to putting in a floor that might impact low cost, generally inexpensive projects, although he is generally in favor.
Responding to Trustee Kasker’s question about how the construction costs fit into the assessment process he stated “Often during the assessment review, the Village reviews building permits to see what has been added to a home. This doesn’t mean that the assessment is increased by the amount of cost that goes into each project but if the permit has an absurdly low number, it does limit the Village’s ability to increase the assessment to a level that is consistent with the fair market value of that particular project.” He reiterated that he viewed the process favorably but felt it might need a few tweeks.
Trustee McHugh commented that he would have no issues with tweeking it. The proposed process is an attempt to equalize everything. It makes the tax roll fair and equitable and accurately reflects what people are doing to their properties.
Planning Board Chair JoAnn Hansen noted that the discrepancies have been a problem for the Village in the past and she recommended they move forward with the proposed procedure. She agreed to work with the Board on any tweeking they felt necessary. It was agreed that they would table the decision for one month to allow time for further discussion and tweeking. Resolution approving the Mayor to sign the Weston & Sampson response to the Orange County Department of Health Letter – Trustee Shaw inquired as to why they had chosen to move forward with the proposal from Weston & Sampson vs. McGoey Hauser. The Mayor responded that at their last meeting they had agreed that John Ledwith would go back to the engineers to try and line up proposals that were more “apples to apples” than what they were originally presented. Following that extended review, it was determined that the Weston & Sampson proposal was more comprehensive and beneficial to the Village. (Following some discussion with regard to the specifics of the proposal and the various elements within.) this is not a sentence! There are some other things that the Trustees would like to incorporate. Ultimately, the Board chose to modify the resolution slightly in terms of the tasks they were prepared to move forward with before unanimously voting in favor. Resolution - Approving the Mayor to sign the Westin & Sampson Proposal to Proceed with the CCT and Manhole Investigation of the Pond 3 Sewer Pipe System- Trustee McHugh expressed some concern with regard to a couple of other I&I issues and the way in which they should be prioritized. Following some discussion, it was agreed that they would table the proposal while continuing to investigate all of the I&I needs before determining how to moving forward.
New Business: Discussion – To talk about a Village-wide Property Tax Reassessment – The Village will begin discussion in the near future about Village-wide property tax assessments. A municipal-wide assessment is the best way to ensure that assessments are both fair and accurate. There are undeniably a lot of discrepancies in the Village. The reassessment includes an evaluation of the market value of properties in the community, based on changes in the real estate market. The assessor will determine which assessments need to be increased or decreased. The last assessment of this kind was done in the mid-1970s. Typically they are done every 4-7 years in municipalities. Having it done is a both a matter of cost and return on investment. After decades without a reassessment many properties will have changed in value. Some will have increased while others have decreased. Some will likely remain the same. Without the reassessment, all properties will continue to pay the same amount in taxes. In an effort to educate themselves on the process of reassessment, the Board has scheduled a meeting with a Real Property Services Administrator for the New York State Department of Taxation and Finance as well as the Director of The Orange County Real Property Tax Service Agency. After having received the presentation, the Board will share the information with the community.
Trustee McHugh noted that previous administrations had looked into reassessment. When former Trustee John Moon investigated it, the estimated cost was a quarter of a million dollars and when he and Trustee Gluck investigated it a couple of years back the estimated cost was $180,000. While it would certainly be another form of equalization, his concern is that given the state of the real estate market, it might not be the best time to move forward with it. That being said, he fully supports the idea of investigating it and obtaining the costs, which will allow them to make an informed decision. Resolution - Approving the Mayor to sign the Weston & Sampson Proposal to Conduct Post-Construction Flow Isolation for Sub-basins 2 &10 and Prepare the Required Summary Letter Report to the NYSDEC – The Board voted unanimously in favor of this resolution. Resolution – Appointment of DPW Worker Dominick Posta – The Board voted unanimously in favor of this appointment. Resolution – Declare Police Equipment & Guns as Surplus – The Board voted unanimously in favor of this resolution. Resolution – Award Bid on Surplus Police Vehicle – Supporting documents were circulated to the Board, who voted unanimously in favor of approving it. Resolution – Approve Annual Exemption of Taxes on Village Water Facilities Located in the Town of Tuxedo – The Board voted unanimously in favor of this resolution. Resolution – Re-appoint Fire commissioners Jeff Dowding and Paul Eichengreen to a Five-Year Term ending December 31, 2025 – The Board voted unanimously in favor of this resolution. Resolution – Approve Annual Bird Count by The Fyke Nature Association – Trustee Kasker inquired as to whether or not the Board ever received the results of this annual survey. The answer was that they had never pursued the results, but they were certain they could obtain them if desired. The Board then voted unanimously in favor of approving the resolution. Resolution – To Levy Unpaid Village Taxes to Orange County – This resolution was passed unanimously.
The Village Board of Trustees met on Wednesday, October 21 at 5pm via Zoom. All members were present.
Mayor’s Comments: Mayor McFadden Opened the meeting by thanking everyone for accommodating the earlier meeting time, noting that they had a hefty agenda before them.
Reports – Board & Public Comments:
Click here to view the Police Report
Click here to view the DPW Report
Click here to view the Building Department Report
Click here to view the Town Liaison Report
Click here to view the Communications Committee Report
These reports were released to the public on Monday, October 19 along with the meeting agenda. There were no comments.
Public Comments:
The Mayor announced that the Board would be receiving public comment on agenda items only. There were none.
Old Business: Discussion – To Consider Halloween and Covid-19 – Input from the Chief - Mayor McFadden noted that this discussion had been tabled at the last meeting so that the Board could receive input from Chief Conklin on the subject. Since that time, the Chief has indicated that he plans to follow government guidelines, which have been circulated to the Board for review. It was unanimously agreed that the Village would proceed with Halloween as normal without any additional oversight aside from the Guidelines, which will be made accessible to the public via the Village Police Facebook page as well as the Village website. Additionally, Chief Conklin confirmed that there would not be a need for any additional overtime. Trustee Kasker inquired as to whether there would be designated times for trick-or-treating. The answer was no. Discussion – To Consider Lake Manager’s Latest Recommendation – The Village Lake Manager has recommended that the Village take sediment samples as an alternative to other items that were listed for the same price on the same proposal. The Lakes Committee supports the recommendation. Following minimal discussion, it was agreed that the Village would move forward with the sediment samples as recommended. Discussion – To Consider Brook Road Options and Annexation of Certain Parcels – This relates to a transaction that took place with Michael Bruno several years back. The Village attorney and Mr. Bruno’s attorney have been in discussions. It was suggested that the discussion should be continued the following month during an executive session so that the Board could be advised on several options that are available to them as laid out in previous legal documents.
Trustee McHugh inquired as to when the contract would expire.
Trustee Gluck responded that the option on the part of the Village to acquire the lower part of Brook Road would expire on December 31, 2020. The annexation does not have a deadline but as it has been a number of years, Trustee Gluck suggested that it would make sense for them to help the participants move things along now rather than to wait. Resolution – Authorize the New Police Car Purchase and Pending Financing – The Board voted unanimously in favor of authorizing the purchased of a new police vehicle (2021 Ford Interceptor SUV Hybrid) at a cost of $49, 394.94 with 5-year financing. Resolution – Approve License Plate Reader Expenditures – The Village license plate reader has not been operational since August of 2019. Repairs will cost $2,103.
Trustee McHugh suggested that the machine was not providing valuable service for the investment and that he felt they could save the Village money by letting it go.
The Mayor responded that the Village had already invested $46,000 in the machine and he asked the Chief to comment on the value of reader.
Chief Conklin stated that the LPR was invaluable when it came to potential issues of all kinds because it stores historical data. On a daily basis, the machine alerts the department if somebody has a suspended registration, if they are wanted for any sort of crime or if they have an Order of Protection against them. It keeps track of every vehicle that enters and exits the Village through both gates. For these reasons, the Chief believes it is invaluable.
Trustee McHugh pointed out that the Village maintained cameras at both gates that do essentially the same thing, although admittedly not with the same level of granularity.
Chief Conklin replied that the LPR could produce info on a particular vehicle in 5-10 minutes time while it would take somebody hours to review the camera videos in real time to get the same information. He further commented that while he would have never recommended the initial $46,000 investment, since it had already been made he felt that it was worth the $2,100 to keep it operational.
Noting that domestic disturbance is probably one of the biggest things police have to deal with, Trustee Kasker wondered if there would be a way to use the LPR to protect the Tuxedo Club as well as the Tuxedo Park School. He feels that if the machine can help to prevent these types of disturbances, it is definitely worth it.
Deputy Mayor Shaw suggested that one of the main reasons the Village employs a police force is for protection and that if the Chief felt it was a good thing, she was fine with it.
Trustee Gluck agreed, further noting that it was not something that he would recommend investing $46,000 in today “But if it is useful and it’s helping….let’s keep it in place,” he stated.
The Board voted unanimously in favor of making the repair. Resolution – Approve Hardship Application for a Well at 61 Turtle Point Road – The Mayor noted that he would be recusing himself from the discussion. He then proceeded to read a summary into the record. Please click here to read that summary.
Noting that there had been a lot of talk about this particular application over the summer, Trustee Kasker indicated that this had helped him to decipher exactly what the question before them actually was. There is no concrete proof to support the idea that the applicant is not allowed to have water and sewer at his boathouse. The only question currently before them is whether the Board can determine that there is a hardship, which would in turn allow the McFaddens to proceed with the application to dig a well. If they do proceed, the application would still need the approval of both the DEC and the Orange County Department of Health. The Building Inspector and the Village Attorney seem to be in agreement with this.
Trustee Gluck respectfully disagreed, noting that he had also carefully reviewed the application, having been involved for quite some time. While the application has been updated and improved to include more detailed information, he believes that the proposed water and sewer hookups and their standing in connection with the reservoir must work together in an appropriate way. Because of this, he feels that the decision before the Board is more than just a hardship determination and cautioned that while having a financial hardship would be a method of getting the Village OK to build a well as opposed to hooking up to the water supply, this did not remove the other considerations that the Trustees have to consider in authorizing a water hookup. He further noted that the engineer had recommended that a number of different things be done in connection with the report and that the resolution as written did not incorporate any of these and that it was not consistent with what they had recently done in similar situations dealing with water hook-ups, such as the Overton subdivision..
Trustee Kasker asked Building Inspector Ledwith to confirm that what had been proposed was permissible under the Village code commenting “We follow our code. If the Village code does not forbid it, then we approve it. If the DEC code forbids it, then they disapprove it and we’re done”
Trustee Gluck countered, reiterating that in his view, they should be considering not only whether or not a financial hardship existed but also whether what was being proposed was appropriate and likely to be approvable in the context of being next to a reservoir. “I think we can fold that in to what we are considering here and if we have a regulation that says specifically that a well needs to be 50 feet from a sewer line and we have a property where that doesn’t look to be configurable….that needs to be considered.” He went on to outline 3 reasons why he was negatively inclined to vote in favor of the hardship as follows: 1. He does not believe the resolution incorporates the conditions recommended by the engineers, 2. He doesn’t feel they have a workable plan under the existing regulations, 3. Despite the fact that there is nothing in the Village Code that specifically prohibits water and sewer hookups to boathouses and sheds etc., the language is somewhat ambiguous in it suggests that every structure has an obligation to connect to the system. His interpretation is that the provision is intended to apply to residences and that residential owners have an obligation to connect their residence to the sewer system. “It can’t mean that every structure has an obligation to connect…but that’s what it says.” If they want to establish a proposition that every structure (garages, shed, boathouses, etc.)has the right to connect to water and sewer than this constitutes a major change that needs to be carefully deliberated in his view.
Trustee Kasker asked Board attorney Brian Nugent if he had any thoughts or clarifications that he could provide.
Mr. Nugent stated that in his view the decision currently before the Board pertained to whether or not an extreme hardship existed. With respect to the other concerns, the code already subjects the application to additional approvals. The Board has the right to amend the resolution to add conditions, such as compliance with the engineer’s recommendations, if they see fit. He further noted that if they approved the hardship, this did not equate to an application approval as the McFaddens would still have to go through the process, including the additional required reviews, which would address issues such as distance from the reservoir and ensure that things were in compliance with regulations.
Trustee Kasker noted that the engineers had recommended that there be a site plan prior to issuance of a permit. He inquired of John Ledwith as to who would be responsible for approving that plan if it were added to the resolution.
The answer was the Building Inspector in conjunction with a review by the Engineers.
Mayor McFadden noted that the sewer application was not part of what was being considered. What was before the Board was the hardship application for the well. The sewer application is on its own track with the Village Engineer. There is no Village Engineer approval requirement for the water hardship application.
Mr. Nugent agreed with this, further noting that the sewer application would be a Building Inspector approval. He reiterated that the only application before the Board was related to the water application and the granting of a financial hardship.
Trustee Gluck commented that if the Board was going to consider whether to allow a potable water source into a building that as a condition to this there also had to be an acceptable means for dealing with the wastewater. Citing conditions that had been placed on the Overton subdivision, he suggested that he felt it would be reasonable to enforce similar conditions on this application.
Trustee Shaw inquired as to whether or not Overton had applied for a hardship.
The answer was no.
She suggested that she did not feel the two could be reasonably compared.
There followed a discussion with regard to Overton and whether or not that application was comparable to what was currently before them, with Mr. Nugent asserting that there were fundamental differences between subdivision and residential applications and the requirements for each while Trustee Gluck suggested that approval of both applications fell under the same code provisions.
Trustee McHugh pointed out that if the hardship was not granted the Mayor would still be entitled to get the water, albeit at a greater expense, and then pursue a sewer hookup. What was before them was a financial hardship. He asked Mr. Nugent to confirm that both he and the Building Inspector had reviewed all of the documents and determined that it would be entirely appropriate for the boathouse to have water and sewer.
Mr. Nugent responded that under the code the boathouse could both connect to the sewer and have water access and that if the hardship was denied the applicant would still have the right to connect to the Village water system.
Next Trustee McHugh referenced an email that had circulated in the Village earlier that day which suggested that the Mayor was getting something for free, further stating that under no circumstances did he agree with that angle and that there was no basis for it and he believed the facts were being twisted.
The Board then voted with Trustees Kasker and Shaw voting in favor of approving the application and Trustees Gluck and McHugh voting against it.
Mayor McFadden commented that he wanted to reserve his right to file an article 78 for arbitrary and capricious no votes that were not based on any precedent. He asked Mr. Nugent to opine on how the courts might look at a 78 under these circumstances.
Trustee Gluck suggested that this would be a conversation more appropriate for an executive session.
“I’ll give you a chance to amend your record right now by putting into the record why you said no in terms of your legal position,” stated Mayor McFadden.
Trustee Gluck reiterated his position on the ambiguity of the code provision, suggesting that if interpreted literally, every structure would be required to have a water and sewer system. He feels the code applies to residences. “We have a history in this village of that enforcement from what I can ascertain. It has been read that way before and that is one of the reasons I have set forth.”
Trustee Shaw wondered if hardships of this nature were always approved by the Board of Trustees.
The answer was yes, any application for a hardship looking for an alternate water source under the code would have to be approved by the Board.
Mr. Nugent then stated “In the event that there is an Article 78 we likely need to not be involved anyway as the Board’s attorney and as attorney also at the same time to the Mayor, so it wouldn’t be appropriate for me to comment.”
There followed some further discussion, after which the Board agreed to move on.
New Business: Discussion – To Approve New Procedure for Confirming Construction Cost on Building Permit Applications – There seems to be a differential whereby the estimated costs on permit applications are falling well below the actual costs. The proposal was offered requiring an affidavit from the contractor and/or applicant with the final costs and then an adjustment can be made backwards to the fees paid based on the fees required by Village Code for the Building Department prior to the issuance of a C of O.
At the last two BAR meetings, there had been applications submissions on which the Village engineer felt that the cost estimates were gross undervalued. By changing the procedure the Village is trying to address the issue so as to ensure that they receive the appropriate amount of revenue from building permits issued as well as having an accurate picture of the taxable amount when assessments are done and when they Village must be defended against SCAR hearings.
Trustee Kasker expressed some concern stating among other things that he was not sure that estimated project costs were the best way to judge the amount the Village should be charging for a building permit.
Following a brief conversation this was tabled until the November meeting for further discussion. Discussion – To Approve ZOOM Equipment and Installation in the Village Hall –
The Mayor and Mr. Ledwith met with professionals and were presented with a package at a cost of roughly $30,000. The idea is that the equipment would be installed in the Village Hall and utilized by all 4 Village Boards as well as the Court.
Mayor McFadden commented that he found that the Zoom meetings had been extremely productive during the time of Covid with not only sunshine laws and transparency but also with allowing for greater levels of community attendance. Noting that he was not entirely sure where the money would come from, he suggested that the Board should seriously consider the expense.
Trustee McHugh agreed that ZOOM was a valuable tool but also noted that the expense had not been budgeted for and was going to be hard to work into the expenses. He suggested they might utilize the unallocated surplus.
Deputy Mayor Shaw commented that she felt it was a good idea but wondered why it was so expensive.
Trustee Gluck stated that he felt it would be nice to have but he was not sure if it was worth using unallocated surplus.
Ultimately it was agreed that based on the overall level of Trustee interest, they would table to the next meeting and explore the idea further. Resolution – Appoint Trustee Gluck and Deputy Mayor Shaw to the Sexual Harassment Committee- The Board voted unanimously in favor of appointing Trustee Gluck and Deputy Mayor Shaw to the Sexual Harassment Committee for a period of 1 year. Resolution – Appointment of Planning Board Candidates Portia Henshaw and Joshua Scherer – The Board vote in favor of appointing Portia Henshaw and Joshua Scherer to the Planning Board to fill the unexpired terms of Michele Merson and Peter Regna, with terms expiring 6/20/22 and 6/30/24 respectively. Resolution – Authorizing Commencement of Civil Service Law Separation from Service Process Regarding a Village Employee – This item was tabled to executive session. Resolution – Amending Booth Budget – The approved resolution for the booth project requires Board approval for all line item changes. Mayor McFadden suggested they amend this so that the Board no longer needs to approve every line item change, however they will continue to approve those changes that exceed the approved budget for the project. Following a discussion and some minor tweeking of the resolution as presented, the Board voted unanimously in favor of the amendment. Resolution – Regarding the Requirement of Redundant Equipment in the Keep –
Mayor McFadden noted the requirement to maintain redundant equipment in The Keep had been at the recommendation for former Chief Melchiore, who feared that he would not be able to find officers who would be willing to work in the Booth and wanted to retain the redundant equipment “just in case.” Chief Conklin has since indicated that he does not believe the redundant equipment is necessary. The Mayor has suggested that the approval be amended to remove this requirement and that the Board repeal the authorization to fund the equipment.
This was discussed.
Trustee McHugh suggested that the cameras currently located in the Keep should remain there.
The Mayor agreed.
Trustee Gluck stated that he was in favor of keeping the redundant equipment because he feels it provides the Village with a good safety margin should things not work out with the Booth, however he understands and appreciates the other points of view.
The resolution was slightly tweeked after which the Board voted in favor of adopting it. Resolution – Approve Upgrades to the Police Department Wifi/internet Equipment and Service by IT New Windsor – Following a discussion, and some tweeking of the resolution the Board voted unanimously in favor of approving the upgrades at an amount not to exceed $2,800 but to include upgrades to the optimum internet service and equipment. Resolution – Approving Mayor to Sign the Revised Agreement from Schnabel Engineering for Designing the Booth Foundation- The Board voted in favor of authorizing the Mayor to sign the revised agreement from Schnabel engineering for designing the booth foundation. There is a $600 differential and the new cost is $4,500. Resolution - Approving the Mayor to sign the Engineer to respond to OCDOH Letter-
The Village has received a letter from the OC Department of Health containing several questions, some of which which they need assistance with. Two firms, Weston and Sampson and McGoey Hauser & Edsall, have submitted proposed costs for response however, there is a fairly large variance between the two and Mr. Ledwith feels they should reach back out to both and confirm that they are all on the same page in terms of the scope of work. This is a time sensitive issue as the Village has 60 days to respond to OCDOH before they begin accruing a fine of $2,000 per day. It was agreed that the Mr. Ledwith would contact the engineers to ensure they were getting an “apples to apples” comparison of costs and once this had been confirmed they would schedule a special meeting for the purpose of awarding the contract. Resolution – Approving Mayor to Sign a Proposal to Proceed with the Structural Inspection of the DPW Building – There has been some concern over the structure integrity of the roof on the DPW building. Following some discussion, the Board voted in favor of hiring Weston and Sampson to proceed with a structural inspection at a cost of $2,800. Resolution – Approving Mayor to Sign the W & S proposal to proceed with the CCTV and Manhole Investigation of the Pond #3 Sewer Pipe System- The Mayor would like to move the trunk line along Pond #3 up the priority list and has asked W & S to provide an updated proposal for this. The project will also relate to the Village’s agreement with Overton, which requires the developer to pay for part of this work prior to receiving DEC approval.
There was a lengthy discussion. Trustee Gluck suggested that they should hold off as doing the work now could hinder the negotiating process with Overton. Mayor McFadden urged the Board to “decouple” the proposed project from Overton, revealing that there had been a recent over-flow of a manhole near one of the residences along Pond #3 and there was some concern that there could be raw sewage seeping into Pond #3. Therefore, the emergency repairs are necessary in order to ensure the health and safety of the community.
Trustee McHugh wanted to know whether the DEC had been informed.
The answer was no. DPW Superintendent Voss has examined it, but it has not been reported to the DEC.
Trustee McHugh expressed concern with this, suggesting that Jeff needed to report it as this was a required part of the SPDES Permit.
Following further discussion the resolution was tabled so they could collect further detailed information. Resolution – Accepting the Resignation of Part Time Police Officer Cynthia Harcher – The Board vote unanimously in favor of accepting the resignation of part time police officer Cynthia Harcher. Resolution – To schedule public Hearing on Discontinuance of a portion of Village Road Scheduled on 11/16/2020 @ 6:45pm – The Board voted unanimously in favor of scheduling the Public Hearing.
The meeting then adjourned into executive session for the purpose of discussion related to the employment of certain persons as well as matters pertaining to contract negotiations/collective bargaining
Meeting ID: 956 0460 6540
Passcode: 10212020
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Annual Village Board of Trustees ReorganizationMeeting September 29, 2020
The Board of Trustees met for their annual reorganization meeting via Zoom at 6:30pm on Tuesday, September 29. All Board members were present.
Click here to view the Reorganization Agenda and list of appointments.
The meeting began with the ceremonial swearing in of newly elected Trustees Tinka Shaw and Chris Kasker.
Resolution – Appoint Elizabeth Doherty as Deputy Village Clerk: The Board voted unanimously in favor of appointing Elizabeth Doherty as Deputy Village Clerk effective October 1. Elizabeth will replace Debbie Matthews, who will be retiring next month.
Appointments: After agreeing that holdover appointments would be exempt from the term-limits law, the Board voted unanimously in favor of approving the appointments as detailed on the agenda.
Other Reorganization Items:
The Board engaged in discussions with regard to section #7, “Duties of a Liaison to a Village Department – Definition” and section #13-3 “Special & Special (emergency) Meetings.” It was agreed that moving forward, communication amongst the Board members and particularly between Board members and the Mayor needed to be improved. Ultimately, the Board voted 3-2 in favor of accepting sections 7-16. Trustee Gluck voted no, siting the above referenced sections 7 and 13 as the reason and Trustee McHugh voted also no, commenting that following the discussion, he was ok with section 13 but remained opposed to section 7.
The Village Board of Trustees met on Tuesday, September 29 at 7:15pm via Zoom. All members were present.
Adjourn to Executive Session to discuss matters related to the employment of two particular employees and a pending litigation filed in Orange County Supreme Court: Because the Village Attorney had another engagement beginning at 8pm, the meeting began with an executive session.
Mayor’s Comments:
Mayor McFadden began by thanking former Trustees Maureen Coen and Allen Barnett for their years of service on the Board and then welcoming newly elected Trustees Tinka Shaw and Chris Kasker. He further commented that he was proud of the new trustees for having run a positive campaign and that in his opinion the “landslide defeat” over the Preserve the Park Committee was a referendum on negative campaigning and “The residents sent a strong message to future candidates that our community does not tolerate this behavior.”
There has been an increase in Covid-19 cases in Orange and Rockland Counties. The Mayor reminded everyone of the need to be cautious, noting that the Tuxedo community has a strong track record thus far and should strive to maintain that.
Department Reports: Police – Chief Conklin reported the following for the month of August:
Calls for Service – 298 (5 Criminal)
Arrests – 2
Motor Vehicle Accident – 0
Traffic Tickets Issued – 8
Verbal Traffic Warnings issued – 6
Fire Calls – 7
Intrusion Alarm – 1
Medical Calls – 3
Assists Given to the Town of Tuxedo Police – 1
Assists Given to other Agencies - 2
Assists Received – 0
Shots Fired – 0
FOIL Requests – 0
Miles Patrolled – 2, 213
Additionally, roughly 931 vehicles were counted entering the Village via the Front Gate on a daily basis, however the Chief noted that there has been an issue with the license plate reader and therefore, this number is inaccurate.
Chief Conklin and Mayor McFadden conducted a post-storm meeting following the tropical storm that left trees down everywhere throughout the Village and some residents without power for over a week. They discussed things they had done well as well as areas where they felt they needed to improve and the acquisition necessary equipment.
DPW – Superintendent Voss was not present and therefore no report was given. Building & Capital – Click here to view the Building Report.
Village Attorney Litigation Report: Miller Vs. The Village – this is a case brought by the Millers against the Village and a neighbor due to some alleged drainage damages. The case is pending in Orange County Supreme Court. PERB Matter – This relates to a part-time police officer’s petition for Union certification. The PBA has intervened and a hearing has been scheduled for January 26, 2021. There will be a conference scheduled sometime in early December. Yaknowitz Vs. Tayback – This is a civil action brought for excessive force and false arrest. The case is in the process of being settled.
Committee Reports: Lakes – On behalf of the Lakes Committee, Jim Hays began his report by stating that they are ADHOC committee with no Village mandate or authority to make decisions or spend taxpayer dollars. Rather, they are trying to assist the BOT in developing a long-range plan to improve the ecological health of the Village lakes. In this way, they work to complete tasks that can often be time consuming and therefore difficult for the BOT to accomplish. To this end, they assisted with contracting the Lakes Manager for the purpose of improving water quality in the lakes. Another important part of the long-range plan is the control of nutrient based run-off from the watershed into lakes. High nutrient loading of the lakes is the result of development within the watershed, especially those properties that border the lakes and their tributary streams. Under natural conditions, trees and shrubs continuously recycle nutrients and the forest root system prevents the erosion of nutrient rich soils. Removal of trees and shrubs stops this recycling and exposes the nutrient rich soil to erosion into the lakes. In an effort to reduce this nutrient influx, the committee is exploring the possibility of hiring an Environmental Landscape Architect to help the BOT develop mitigating strategies. They recognize that this effort must be considered as part of a long-term strategy as quick results will not be forthcoming, but in the long run the committee feels that the BOT can accomplish the goal of reducing nutrient influx. They have already met with one such architect, who made a privately funded visit to the Village. They are hoping to interview others in the near future. Such an individual or firm can assist the Village in developing landscaping guidelines, which will enhance the retention of nutrients and preserve the soil. They could also assist the Village Boards in implementing these Guidelines. The committee has the support of the Lakes Manager in this task.
Mayor McFadden commented that he would be interested in hearing what the landscape architect would have to say.
Mr. Hays responded that they would talk about the replanting of trees as well as the development of vegetative barriers along the lake. The architect they met with favors native plants in particular for this purpose. Buffers will also help to curb the geese issue.
The Mayor further recognized that the Village had a very difficult time enforcing the law pertaining to which fertilizers and herbicides were permitted for use in the Village. They have circulated literature and have attempted to educate residents but, unfortunately, have not had much luck with it.
Mr. Hays replied that the cutting of trees was also a significant issue and suggested that down the road the Village might want to consider requiring residents to seek permission before removing any trees and also replanting after trees have been removed. Tree Advisory Board – TAB is 4-years into the Racetrack meadow project. The next phase will take place within a month’s time and consists of planting native plants at the entryway, which will further beautify the area. Board Chair Christopher Gow encouraged residents to visit and enjoy the meadow. Cell Tower Committee – Committee Chair Paola Tocci reported that the group had held their first meeting and that after reading through the voluminous provider information that has been collected by John Ledwith over the years, they will be reaching out to several providers for updated information/proposals in addition to contacting a couple of new providers. They will report back to the Board as soon as they have amassed this information.
Report by Town Board Member:
There were no Town Board members present and therefore, no report was given.
Public Comments:
Representing St. Mary’s, Lili Neuhauser asked the Trustees to consider allowing non-resident parishioners access to the Village via the South Gate on Sunday mornings between 9:30 and 10am.
She was informed that this would be discussed later on in the meeting.
Old Business: Approve New Police Car Purchase and Pending Financing – The Police Department is in need of a new car and the Chief has presented the BOT with two options, one a standard vehicle and the other a hybrid model. This was briefly discussed. The Hybrid is slightly more expensive ($3,000) but will reduce gas consumption by approximately 25%. Trustee Gluck noted that it would be good to have this data mapped out and that it should in turn be shared with the Climate Smart Committee so that they can determine whether it will earn the Village points and/or assist with opening up grant opportunities etc. It was agreed that this would be done and that the item would be added to the October agenda for a vote.
New Business: Resolution – Award Bid for Water Plant Control Panel Upgrades – The Board voted unanimously in favor of awarding the Bid to PCS Pump and Process in the amount of $86,521.55. Resolution - Yoga Exercise – Amendment to the Wee Wah Beach Club License Agreement- The Board voted unanimously in favor of extending the Wee Wah Beach Club License Agreement through December 15 of 2020 in order to allow the club to offer yoga classes to their membership as well as Village residents. Resolution – Race Track Nature Preserve Plaque – The Board voted unanimously in favor of allowing the RTNP to install a historical marker plaque at the entryway to the preserve as previously approved by the Board of Architectural Review with the understanding that they would explore mounting it on something other than a galvanized steel pole. Resolution – Chip and Tar Village Office Driveway & Parking Lines – For a variety of reasons, it was agreed that it would be better for the Village to undertake this work in the spring and therefore it was not voted on. Discussion – Post Storm Purchase Proposal for Police Department – Following post-storm meetings with the Mayor, Chief Conklin was asked to submit a list of desired equipment that would prove helpful to the department in similar circumstances moving forward. He has since requested 5 barricades and 12 traffic cones for a total cost of $705.25. Following minimal discussion, the Board voted unanimously in favor of authorizing this purchase. Discussion – St. Mary’s & South Gate – This was discussed at some length. There is a concern with regard to setting precedent. The Mayor expressed concern over the fact the Village has been diligently working on restricting traffic for the last 6 months. It was suggested that a new vehicle tag be created and sold to parishioners wishing to access the church via the South Gate. It was further suggested that currently, TPS tags are not being honored at this entrance. Ultimately, the Board decided to table the request while they did some research as to what is currently in place and why and further what sort of overall plan they would like to see for this type of request moving forward. Discussion – Halloween COVID-19 Consideration – Mayor McFadden stated that his inclination was to allow Halloween to proceed as normal with no changes but to ask the police to put out and subsequently enforce guidelines pertaining to social distancing and congregation of groups. Chief Conklin was asked for his thoughts. He responded that it was his intention to follow the Governor’s Guidelines. He noted that the number of Covid cases is on the rise and that by Halloween the area could well be nearing another shutdown if things don’t improve. The Board decided to table the discussion until their October meeting when they would have a more accurate idea of the Covid threat.
Public Comments:
Claudio Guazzoni noted that historically the police had kept one vehicle idling at all times. Noting that he had always felt this was a waist of resources, he further commented that he had been informed that having a car ready to go at all times was a mandate. He wondered if this would be the same with the new hybrid vehicle.
Chief Conklin responded that he had been in law enforcement for 24 years and that he knew of no such mandate. Keeping a vehicle idling at all times is no longer the practice in the Village.
Speaking to the St. Mary’s request for South Gate access, Gary Pompan advised the Board that they should keep the integrity of the Village Gates in mind when exploring the issue.
Meeting ID: 944 4628 2604
Passcode: 09282020
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Special Board of Trustees Meeting September 14, 2020
The Village Board of Trustees held a special meeting on Monday, September 14 at 12pm. Mayor McFadden was absent. Trustee McHugh presided over the meeting.
Resolution – Approve BOT minutes:
The BOT voted unanimously in favor of approving 20 sets of meeting minutes dating as far back as April 15, 2020.
Resolution – Appoint Fire Commissioner:
The Board expressed unanimous support for the appointment of Jason Poggilio as a fire commissioner to fill the vacancy left by the resignation of Todd Darling, with the term expiring on December 31,2023.
Resolution – Water Account Adjustment:
The Board voted unanimously in favor of approving the adjustment of a particular water account by waiving the penalty charges of $2,803.53. The charges were waived as the water customer has brought their account into good standing.
Discussion – Bid For Water Plant Control Panel:
Although the bids for the water plant control panel have been received and range between $86-94,000, the Villages’ engineering firm has not yet had the time to perform the necessarily due diligence in order to the make a recommendation to the Board. Therefore, this was tabled until the next meeting.
Discussion – License Plate Reader Repair:
Neither the Chief nor the Mayor was present to discuss this item, so it was also tabled.
Other Business:
Being that it was their last meeting as Trustees, Trustee McHugh asked Trustees Coen and Barnett if they had anything they wanted to say.
Trustee Coen read the following statement:
“I want to say that I am sorry that I did not accomplish more, but I am proud of the work that I have done over the last two years. Many of the residents, including the Mayor, may not like my direct, intense and aggressive style, but I assure you all of my actions have always been with the intention to promote and protect Tuxedo Park. We as Trustees are fiduciaries of the publics’ assets and trust and I have taken that obligation very seriously and always have endeavored to make certain that people follow proper procedures, treat all residents fairly and consistently and treat all with respect. For the next Board…I hope they continue much of the work that we are undergoing right now, but I also hope that the following things get completed: 1. Approve a social media policy that protects the Village and is fair and equitable to all. We have part of a social media policy enacted and we need to follow up from the Police just to make sure the page conforms with the policy, but the policy needs to be expanded to other things and that’s the work the still needs to be done. 2. We need to devise policies that prevent Trustees from having applications viewed or decided upon by employees they supervise. I believe this inherently creates a conflict of interest that should absolutely be avoided. I don’t believe anyone would act improperly, but it creates the appearance of impropriety that absolutely should be avoided. 3. Many capital projects were completed over the past two years, but more work needs to be done. We need to implement more of the capital projects that we, as a Board, spent so much time putting together and financing those projects by raising long-term debt or seeking grants like the $150,000 grant for the I&I project that we were able to get this term. I know Trustee McHugh is busy working on other grants. 4. (and probably most importantly) we need to compete the investigation into the unauthorized return in May 2020 of the Front Gate Guardhouse $50,000 donation that was received in 2018 and has been recorded as a Village asset in all of our financial statements since then. The Board was advised of the return almost two and a half months after the Mayor directed the Village Clerk to return the money. Thankfully, our accountants concluded that reflecting the donation as a Village asset was correct, so no new financial statements have to be prepared or re-filed. Our Village Attorney thankfully also concluded that there was not a violation by the Mayor or the Village Clerk of Village Law 555-524 because the attorney cannot say that the Mayor or the Village Clerk acted knowingly to violate the law because there was not a similar situation in the past. What we have not concluded on is whether a policy or procedure has been violated and whether any changes to the Village policies and procedures need to made to prevent similar disposition of Village assets in the future. I think it is extremely important that we conclude on this. We have been working on this for the last 2-3 months and we need to finalize this very important topic. Unfortunately, I won’t be involved in the finalization but I ask the next Board to really focus on getting that completed. I wish the next Board good luck. We are counting on you to continue to make the Village of Tuxedo Park a special place. To many it is a sanctuary. I think we have become particularly aware of the nature of how special Tuxedo Park is as a result of this pandemic. Finally, I would like to thank retiring Trustee Barnett for his years of service. I also need to call out Trustees McHugh and Gluck for the incredible amount of time and hard work they have put in through the years. No one knows all of the Village operations better than Trustee McHugh. We are lucky to have him on the Board. Thank you and good luck to all.”
Next, Trustee Barnett commented that he had enjoyed his time on the Board and that it had been an interesting experience. Noting that it was a difficult job, he wished the new Board good luck. In particular, he commended Trustees McHugh and Gluck, who put in a lot of time and do a tremendous job. He then made a motion that the Board formally commend the Garden Club for all of their hard work over the past month beautifying the Village and the Town. The motion was seconded and unanimously approved.
Public Comments:
Claudio Guazzoni thanked Trustees Barnett and Coen for their service on the Board.
The meeting then adjourned into an executive session for the purpose of discussing the employment of a particular individual.
Notice of Special Board of Trustees Meeting September 14, 2020
SPECIAL BOARD OF TRUSTEES MEETING – Monday, 9/14/2020 @ 12:00 p.m. via Zoom for the purpose of approving BOT meeting minutes, awarding the bid for the water plant control panel, discussing the License Plate Reader repair, and any other matters that may come before the Board.
The Village Board of Trustees met on Friday, August 21 at 11am via Zoom. All members were present.
Mayor’s Comments:
Mayor McFadden began the meeting by acknowledging Chief David Conklin and the Police Department, DPW Superintendent Jeff Voss and the DPW team, Village Clerk Debbie Matthews and Deputy Clerk Denise Spalthoff, building Inspector/Code Enforcement Officer John Ledwith for doing an outstanding job during the recent hurricane crisis. He further acknowledged the Village residents, who remained patient, polite and courteous under tremendous pressure without electricity and in some cases water. He noted that later in the agenda they would be discussing the idea of a Village hosted BBQ as a thank-you to the team. Village residents will be welcome.
Departmental Reports: Police – Police Chief David Conklin reported the following for the month of July:
Calls for Service – 354
Criminal Complaints – 3
Arrests – 0
Traffic Tickets – 27
Traffic Warnings – 7
Fire Alarms – 4
Intrusion Alarms – 8
Medical Calls – 1
Assists Given to the Town of Tuxedo – 1
Assists Received from the Town of Tuxedo – 1
Miles Patrolled – 3,168
Additionally, roughly 1,550 vehicles entered the Village via the Front Gate each day.
Trustee Coen inquired as to whether or not any weapons had been discharged. The answer was now however, the department did respond to a call of “shots fired,” which they believe was the result of fireworks having been set off. DPW – Superintendent Voss reported that the department had been extremely busy with cleaning up after the storm, clearing both brush and fallen trees. Before the storm they were largely occupied with 2 water main leaks in the Town, which were both repaired. Aside from this, it has been business as usual. New equipment as approved by the Board at a previous meeting was received and installed at the Water Treatment Plant. Finally the Superintendent requested and received permission to chip seal the following Village Roads: Crows Nest Road, Pine road, Lower and Upper Continental Roads, Stable Road, Ledge Lane and the road that leads to the Ridge Road storage tanks. Building & Capital – Click here to view the Building report
Village Attorney Litigation Report: Yaknowitz Vs. Tayback – This is a civil action brought for excessive force and false arrest. The case is ongoing, Madden Vs. The Village – This is an Article 78 proceeding. They are awaiting the scheduling of oral arguments. Miller Vs. The Village – this is a case brought by the Millers against the Village and a neighbor due to some alleged drainage damages. The case is ongoing. Tayback Vs. The Village – This is a new case. It is an article 78 proceeding relating to a General Municipal Law (207C) Matter. There is currently a resolution before the Board to hire Lynch/McCartney to represent the Village in this proceeding. Resolution - Authorize Legal Services by Special Counsel to Represent the Village in a Litigation Matter – The Board voted in favor of authorizing the firm of Lynch/McCartney to represent the Village in the litigation matter Tayback Vs. The Village.
Committee Reports:
There were none
Report by Town Board Member or Trustee Liaison:
Trustee Gluck noted that the Town Board was currently considering regulations to reduce overcrowding at Town Park areas, specifically Power House Park. The idea of issuing parking permits, which would be free for all Town residents, is under consideration as is the requirement of permits for larger groups/gatherings.
Liaison & Trustee Reports:
With regard to the Water Department, Trustee McHugh reported that water losses were reduced to 42% in the second quarter. The receivable exposure is unfortunately staring to creep up. 10 letters have been sent to most egregious account holders in the Town with hopes of establishing payment plans. These particular accounts have been outstanding for anywhere from 2-5 years.
Reporting on the Lakes, Trustee Gluck reported that Pond #3 had been treated with ProcellaCOR at the end of June and although there has not yet been an official survey done, both the Lakes manager and the residents who live around Pond #3 have indicated that the results have been astonishingly good. All of the milfoil appears to be gone and there has been no apparent impact on the other native plant species there. Later this year and into 2021, the Board will be discussing whether or not they should do a similar herbicide treatment in Tuxedo Lake. The lakes consultant has also installed fragmentation at three locations into all three lakes for the purpose of preventing milfoil fragments from traveling between the lakes.
Mayor McFadden observed that the barrier located near the Tuxedo Club pool consisted of a mesh net with openings that were rather large. Although the Lakes consultant has indicated that the openings much be large enough to allow smooth water flow, the Mayor expressed concern that some milfoil fragments were getting through.
Trustee Gluck responded that he would take a look and address with the Lakes Manager if need be.
Public Comments:
Michael Coleman noted that August 21 marked the 23rd anniversary of the death of Village Police Officer Jason Conklin., who gave his life in service to the Village. He thanked Chief Conklin for his service and for continuing on the Conklin legacy, noting that the Village was proud to have him there and they were proud of Jason’s service and it would never be forgotten.
This was followed by a moment of silence in honor of Jason Conklin.
Kathy Norris commented that if the Mayor was planning to put a sewer and water line to his boathouse that he should double check with the DEC and make sure that the appropriate forms had been submitted. She cautioned that if they were not, the DEC would put a fence around the entire lake like they had done in front of Glenmere. She further noted that it was against both federal and State law to put a sewer and water line within 100 feet of drinking water and that DEC approval would be necessary prior to commencing with the proposed project.
Next, Kathy commented that somebody had told her that the mayor had been talking about abolishing the Mayor and BOT and instead having somebody else run the Village.
The Mayor responded that this was not the case and that he would be happy to explain.
Ms. Norris commented that this would be great, further noting that the Village needed a Mayor who lived within it’s boundaries and loved the community and wanted to help it succeed.
The Mayor agreed, nothing that he was all of those things. The Village is the process of finding a replacement for Village Clerk/Treasurer Debbie Matthews. There is a search committee consisting of himself and Trustee Barnett and over of the course of the last several months they have found several strong candidates. One of these also has experience as a Village Administrator. A Village Administrator is distinct from a Village Manager, who essentially runs a Village while the Mayor and Trustees serve more as figureheads. Hiring a Village Manager typically requires a public referendum. A Village Administrator on the other hand takes on certain duties but does not require a referendum and the Mayor and Trustees retain their directory supervisory responsibilities. The Mayor and Trustee Barnett thought that having an administrator could be an interesting prospect for the Village and to this end they invited the candidate to visit and introduced him to the Village employees, the other Trustees and the 4 Trustee Candidates.
Ms. Norris next wondered how much more it would cost the Village to employ somebody with the administrative title.
The Mayor responded that he could not publicly discuss salary offers at this time but that the information would be available via FOIL once an offer and hire had been made.
Old Business: Resolution – Reauthorize S & B and JZ Contract Agreement for Booth – Following some clarification with regard to the project budget as well as which versions of the contract were being referenced in the resolution, the Board voted 4-1 in favor of approving the resolution with Trustee McHugh voting against. Authorize Hardship to Allow Well at 61 Turtle Point Road – As he is the owner of this property, the Mayor recused himself from the discussion. Building Inspector John Ledwith explained that the Village had been presented with an application for the installation of a water line to the McFadden property on Turtle Point Road. The provided estimated expense is $72,800. This is dependent heavily upon what kind of material they find in the roadway. If they find a lot of rock the price could be much higher. With this representation the Village has done some investigation as to what it would cost the Village extend the water main approximately 800 feet and these estimates came in between $18-21,000. If the Village installs the line there would be a payback period in excess of 49 years. In Mr. Ledwith’s opinion it would not be prudent for the Village to extend the main for just one service connection.
Therefore, Mr. Ledwith is recommending that the BOT approve the McFadden application. It was confirmed that following this approval the application would have to go to both the DEC and DOH for further approval.
Trustee Barnett then made a motion to approve the application as recommended by Mr. Ledwith.
The motion was not seconded and therefore it died.
New Business: Resolution - McCaffrey Tree Removal – The Board discussed removal of some dangerous large trees on the McCaffrey property. The property in question boarders village property and the trees threaten the latter. The estimate given for removal was $3,500 and the Village offered to split this cost with the McCaffrey’s but the offer was rejected. The Village intends to move forward regardless. There was discussion with regard to the proposed estimate, which includes full removal. As the property in question is a wooded section of the Fox Hill tract, Trustee McHugh suggested that removal of trees might not be necessary and that once cut down they should be allowed to decompose over time on Village property. This would in turn lower the cost of the endeavor. This was briefly debated. Ultimately the Board voted in 3-2 in favor of removing the trees entirely with Trustees McHugh and Coen
voting against. Resolution – Formalize Booth Donations as Village Funds – The Board voted unanimously in favor of formalizing the booth donations as Village funds. Resolution – Authorize Purchase and Financing of DPW Truck – The DPW is looking to purchase a 4-wheel drive, stainless steal framed dump truck for the purpose of salting and plowing snow on some of the steeper roads. The Mayor expressed his opinion that it would not be an appropriate purchase for the Village at this time. Rather, he recommended they look into a 4-wheel drive pick-up truck, which can be used for the same purchase and which he believes would be a more versatile purchase for the department. He does not feel that the proposed vehicle, which costs roughly $190,000, is economically prudent. This was discussed at length after which the Board voted 3-2 in favor of purchasing the truck to be financed over a 7-year period with Trustee Barnett and the Mayor voting against. Resolution - Award Proposal for Filing of Department of Labor Asbestos Pipe Plan – The Board voted unanimously in favor of awarding the proposal for filing of the Department of Labor Asbestos Pipe Plan to Westin and Sampson in the amount of $2,500. Resolution – Award Proposal Water Plant Oil Tank and Installation – The Board voted unanimously in favor of awarding the proposal for purchase and installation of an oil tank at the water plant to Cross River Environmental. Inc. in the amount of $9,900. Resolution – Authorize Advertising for bids for Water Plant Control Panel and Set Bid Date – The Board voted unanimously in favor of authorizing advertising for bids for a water plant control panel with a bid opening date of September 11 at 2pm. Resolution – SSES Project Notice to Proceed – The Board voted unanimously in favor of issuing a letter to proceed for the SSES project with a start date of September 1, 2020. Discussion – Allocate Funds for Employee BBQ – Recovery Disaster Thank You – Mayor McFadden suggested allocating $500 for the purpose of holding a BBQ Thank You BBQ for Village Employees and their families in celebration of all their hard work with the Disaster recovery efforts. The BBQ would take place on a week night evening at the Wee Wah Beach Club. Village residents would also be invited to attend for a small fee.
Trustee Coen commented that she applauded the idea but wondered whether now was the time to proceed with it considering the potential issues surrounding gatherings during the time of Covid-19.
Mayor McFadden acknowledged this valid concern but suggested that he believed those in attendance would be wearing masks and would comply with social distancing. Following some further discussion, the Board voted in favor of allocating the funds. Resolution – Allocate Funds for VCT Candidate Expenses – The Board voted in favor of allocating funds not to exceed $800 for the reimbursement of travel funds to the Candidate for Village Clerk/Treasurer who visited earlier in the week. Trustee Coen noted that although she was voting in favor of the resolution she didn’t believe that the appropriate process had been followed. She stressed that moving forward the Board must follow the correct procedure. Resolution – Appoint Additional Election Inspector – The Board voted in favor of appointing Elwood Skip Briggs as an Election Inspector for the September 15 Village Election at a rate of $225 for the day. Resolution – Create Civil Service Position for Part Time Clerk to the Village Justice – The Board voted in favor of creating a Civil Service position for the park time Clerk to the Village Justice. Resolution – Appointment to Position of Part Time Clerk to the Village Justice – The Board voted in favor of appointing Alice Confield,, current clerk to Judge David Hasin to the Position of Part Time Clerk to the Village Justice at a salary of $30 per hour. Discussion – DASH – Wee Wah Lake – The Board discussed the authorization of 3 days of DASH harvesting in the Wee Wah Lake at a cost not to exceed $6,500. The Mayor expressed some concern with the expense wanting to know what volume of milfoil they would be able to remove and further suggesting that if they were intending to use ProcellaCOR in that lake next spring that it might not be worth the money. Lakes Committee Chair Jim Hays countered this concern pointing out that milfoil is an extremely aggressive invasive and that it can be extremely difficult to beat. Although the ProcellaCOR seems to have been successful in Pond #3, it is a relatively new herbicide and they still do not know what the long-term effects of treatment will be. Most other, similar herbicides are successful at beating back infestations, but they do not conquer them completely. DASH harvesting on the other hand results in complete removal of the plants and he believes it would be money well spent.
Trustee McHugh added that all of the lakes managers that have worked with the Village over the years have recommended DASH harvesting.
Following some further discussion, the Board voted unanimously in favor of moving ahead with the harvesting as proposed.
Public Comment:
Claudio Guazzoni commented that when the level of the Wee Wah Lake had been lowered, milfoil harvesting was a lot easier as frost and freezing helped to kill the plants. He wondered why this could not be done annually. He suggested they could also inspect the inside of the dam while water levels were low.
Turning to the authorization of S&B for work on the booth, he noted that the contracts were for a “goodly sum of money” and wondered whether any of those Trustees who had voted in favor would disclose whether or not they were doing business with S&B. I feels it is important from a public advocacy point of view that that the Trustees disclose whether or not they are having work done by S&B at there own, personal homes.
Mayor McFadden responded that he had used S&B for landscaping and renovation work on his Turtle Point Road property. When the Village lost their initial project contractor due to delays in the approval process, he invited S&B to bid. Before doing so, the Mayor contacted the Village attorney in writing, fully disclosing his relationship to S&B and inquiring as to whether or not he should recuse himself. The response was no, although he was advised to disclose it which he did.
Trustee Coen added that she had used S&B at her home for the last 10 years, but she felt that the Village had been through the appropriate competitive bidding process and this alleviated any concerns.
Trustee Barnett has not used S&B. Trustee Gluck has used them.
With respect to Mr. Guazzoni’s suggestion that the Wee Wah Lake be lowered annually in an effort to freeze off milfoil, the Mayor commented that he felt this was a good idea and that it should be considered by the Lakes Committee.
Trustee Gluck stated that this idea had been discussed and that they had been advised that DEC permitting would be required and further that that they would not likely grant such a permit absent the need to do some engineering on the dam because it places a great deal of stress on the fish population. It could certainly be explored again, but this is the advice they have received in the past.
Speaking as a property owner on the Wee Wah Lake, Elizabeth Cotnoir stated that each year that the Wee Wah Lake had been drained they had experienced severe damages to their properties in the form of wind coming off the dry lake bed, damages to the boat house, having to repaint every 6 months, loss of trees and on and on. She would be completely opposed to lowering the lake unless the Village was agreeable to helping them offset these expenses. She and Howard Shore fully support DASH harvesting. As a member of the Lakes Committee, she has done quite a bit of research and can attest that so long as it is done correctly and consistently, DASH harvesting is an effective method of fighting milfoil. She believes there is too much unknown with ProcellaCOR and both she and Howard would be against using it in either the reservoir or in bathing water (Wee Wah)
Other Business:
Trustee Coen suggested that the Police Chief send an email to the residents informing them that delivery service in the Village was going to be extended to 6pm.
The Board then adjourned to an Executive Session to discuss matters related to the employment of a particular person.
Notice of Special Board of Trustees Meeting August 5, 2020
SPECIAL BOARD OF TRUSTEES MEETING – Wednesday 8/5/2020 @ 11:00 a.m. via video conferencing for the purpose of discussing Booth donations, adjourning to executive session to discuss matters relating to the employment of a particular person, and any other matters that may come before the Board. Zoom instructions to follow.
Notice of Special Board of Trustees Meeting August 3, 2020
SPECIAL BOARD OF TRUSTEES MEETING – Monday 8/3/2020 @ 11:00 a.m. via video conferencing for the purpose of adjourning to executive session to discuss matters relating to the employment of a particular person. Zoom instructions below.
Notice of Special Board of Trustees Meeting July 31, 2020
SPECIAL BOARD OF TRUSTEES MEETING – Friday 7/31/2020 @ 11:00 a.m. via video conferencing for the purpose of moving the Booth project to construction and any other matters that may come before the Board. Zoom instructions to follow.
Notice of Special Board of Trustees Meeting July 24, 2020
SPECIAL BOARD OF TRUSTEES MEETING – Friday, 7/24/2020 @ 12:00 p.m. for the purpose of considering the Wee Wah Beach Club’s request relating to two prospective members (one a volunteer first responder), adjourning to executive session to discuss matters relating to the employment of a particular person, and any other matters that may come before the Board. Zoom instructions below:
The Village Board of Trustees met on Wednesday, July 15 at 7pm via Zoom. All members were present.
O & R Project Update:
The meeting began with a brief update from O & R project update. A project representative reported that things are going well and they remain on track to finish Phase 1 by the end of August. This could change should inclement weather cause delays. They are hoping to proceed directly on with Phase 2 of the project but it is still in the design process and has not yet been finalized.
Mayor’s Comments:
Mayor McFadden acknowledged the recent Covid-19 e-mail he had sent to the community over the weekend, commenting that with summer recreational activities in full swing on the lakes and other Village properties that it was an excellent time to refocus on mitigating the risks of community spread. Residents have been stellar in terms of following the guidelines. Cautioning that it was “easy to let our guards down,” the Mayor cautioned that residents must continue to follow the guidelines. Recent national news as well as one new reported case of the illness in the Village (not by community spread) motivated him to officially reach out to the community and encourage people to continue social distancing and wearing masks.
Long-time Village Clerk/Treasurer Debbie Matthews will be retiring in October. The Mayor expressed his gratitude to Trustee Barnett, who has headed up the search committee for her replacement, further commenting that the Board anticipated making a decision at the conclusion of the meeting, following the executive session.
Departmental Reports: Police – Chief Conklin reported the following for the month of June:
Non-Criminal Complaints – 337
Criminal Complaints – 6
Arrests – 4
Motor Vehicle Accidents – 0
Traffic Tickets – 5
Traffic Warnings – 5
Fire Alarms – 3
Intrusion Alarms – 4
Medical Calls – 3
Assists Given to the Town of Tuxedo – 0
Assists Received from the Town of Tuxedo – 1
FOIL Request – 1
Miles Patrolled – 2, 652
Additionally, roughly 1,550 vehicles entered the Village via the Front Gate on a daily basis.
Next the Chief provided a Road Safety Report. The North Gate has been open on weekends for Wee Wah Beach Club traffic since the Club opened on July 5. The following stats were noted
Sunday 7/5 – 13 cars
Saturday 7/11 – 2
Sunday 7/12 – 16 cars
The department has also begun taking note of the number of cars that enter the Village via the South Gate. The Chief noted that in 2019 during the month of June there were 3,865 cars that entered the Village there and this year there were 3,881.
The Chief and the Mayor have been in contact with Amazon Prime as they discovered that the company was conducting shift changes inside the Park during which drivers would park the vehicle and wait for their replacements. This is no longer happening.
Chief Conklin applauded the officers for the job they have been doing with enforcement. Their efforts have greatly reduced motor vehicle accidents. In 2019 between January and June there were 7 motor vehicle accidents in the Village and this year there have been none. 72 radar details were conducted during the month of June. These resulted in 1 speeding ticket.
New traffic signs and posts were delivered on July 15 as was the electronic radar sign. The latter will take about a week to get up and running.
Finally, the Chief reported that June was the 3rd consecutive month with no over-time expenses.
Trustee Barnett inquired about the 6 criminal incidents, looking for more detail. Chief Conklin responded that the majority of them were vehicle and traffic related, further explaining that some vehicle and traffic violations are misdemeanors and/or felonies according to traffic law, such as driving with a suspended license or suspended registration. Additionally, two of the incidents concerned illegal dumping. DPW – DPW Superintendent Jeff Voss was not present. In his absence, Trustee McHugh provided a brief report. Two weeks ago John Bello, head of the Water Department, was electrocuted while working on Turtle Point Road. Thankfully, he is ok, however a couple of days afterwards he broke his leg while jumping on a trampoline with his sons. Because of this, he will be out of work until mid-August, leaving the Department understaffed.
On Monday July 6 there was a water leak at SOS. A 6-inch water line leaked roughly 200,000 gallons over 5 hours. Superintendent Voss believes there could be additional issues in this area. They will conduct some exploratory digs there.
A leak detection service visited the Village on July 13 and while exploring the pipes in the East Village, detected a leak near the Ramapo River in a 4-inch water line. The estimated loss from this particular leak was 15-20,000 gallons per day. This adds up to roughly 7.5 million gallons per year and accounts for 10% of the annual water loss.
A contractor accidentally broke a waterline while trying to hook in on Tower Hill Loop. This resulted in some overtime for the department. The homeowner will be billed.
With regard to the I&I project, a winning bid was selected and contracts are being drafted. The Village hopes to move forward with the loan at the end of July. Trustees Coen and McHugh will be working with project engineers as well as bond council in order to keep things moving forward. Building & Capital- Click here to view the Building Department Report for the month of July.
Village Attorney Litigation Report:
Village Attorney, Brian Nugent, reported the following: Miller Vs. The Village – this is a case brought by the Millers against the Village and a neighbor due to some alleged drainage damages. It is still pending. Yaknowitz Vs. Tayback – This is a civil action brought for excessive force and false arrest. Insurance council represents the Village in this case. This case is still in discovery. Madden Vs. The Village – This is an Article 78 proceeding. As of June 16 the parties have agreed to forgo an oral argument. The briefs have been fully submitted and the case now awaits a decision. Public Employment Relations Board Matter – This matter is not in a court. The part-time Police Officers in the Village are seeking certification through the Teamsters local 445 in order to unionize their group of 16 part-time officers. A petition has been filed and the Village has submitted a response. A teleconference has been scheduled before an administrative law judge on July 22.
Committee Reports: Cell Tower Committee – Several weeks back the Mayor polled residents to see if anyone would be interested in joining a cell tower committee in the hopes of working to somehow improve cell service in the Village. A “terrific group” of volunteers responded. The committee consists of representatives from TPS and the Tuxedo Club as well as talented residents. Mayor McFadden will act as the Board liaison to this informal, non-binding committee. They are hopeful to have some good news to report in the near future. The Mayor further noted that there are residents who are opposed to improving service if it should involve unsightly towers on the mountains. There are also residents who do not want towers located near their homes.
Report by Town Board Member or Trustee Liaison:
Deputy Supervisor Michele Lindsay reported that the Town had hosted a successful economic development webinar with State and County officials at the end of June. The Town has put aside $250,000 in order to rent equipment for the purpose of sorting through the contaminated soil on the dirt pile at the Highway Department. High Department personnel will be operating the equipment helping to bring the Town into compliance with a DEC consent order. They are not sure how long this will take.
The Town Board is holding workshops approximately every two weeks throughout the summer, which are open to the public and focus on revising the Town Zoning Code. They hope to start public hearings at the end of September.
Trustee Reports:
With regard to the lakes, Trustee Gluck reported that DASH harvesters had been in the Village the last week of June working in the Wee Wah lake. They believe they were successful in harvesting the majority of the milfoil, but will take another look at it later in the season and if there is regrowth, more harvesting will be considered.
Additionally, Coon Tail on the Wee Wah, which was a significant issue last year, was reported to be fairly mild and the need to harvest will likely be eliminated after this summer.
Pond #3 was treated with the herbicide ProcellaCOR. The initial feedback from property owners is quite positive. The Village will have a better idea when the Lakes Manager comes back for their monthly visit.
Finally, the Village is in the process of installing three boons for the purpose of mitigating potential fragmentation. The model which is currently in place at the top end of Pond #3 will be retrofitted with an improved model.
Mayor McFadden wondered whether having drained Wee Wah Lake during the dam repairs over the course of 2018/2019 had been a factor in helping to kill off a lot of the milfoil in the lake.
Trustee Gluck responded that it had certainly been helpful.
Public Comments:
There were none
New Business: Madden Water Supply Crossover – As the original water line to their house runs up Tower Hill Road, and the Village water system has been under a lot of undue stress recently because of the increase in full time residents, the Maddens have experienced a substantial loss in water pressure. After meeting with the John Ledwith and Jeff Voss, the Maddens have determined that the proper solution is to take the old connection off-line and add a new one on Tower Hill Loop, where the house is located.
Trustee McHugh noted that he had no issue with the request and wanted to see the Maddens get better pressure, but he took issue with the fact that the work had already started before the issue was brought before the BOT.
Mayor McFadden responded that he was not sure that it was required for the BOT to vote on this, although he thought that technically speaking, whenever there was a new connection to the system, the Board had to vote. This is not really a new connection, so to speak, as much as it is simply unhooking the connection from one pipe and hooking it up to another. He felt that since this constituted a “grey area” they should probably vote.
The board then voted unanimously in favor of approving the request. Water Main Extension from 79 to 61 Turtle Point Road – As it stands to benefit his property, Mayor McFadden recused himself.
John Ledwith explained that this pertained to the McFaddens’ request for water service at their boathouse. There appear to be two options. They can either allow for the extension of the main to the vicinity of his boathouse or possibly give the McFaddens a waiver that would allow them to drill a well.
Trustee Coen wanted to know how much the project would cost and whether the funds would come from the water budget.
Mr. Ledwith responded that he did not have an estimate yet but that the funding would likely come from the water budget.
It was determined that Superintendent Voss had been charged with putting together the cost information however as he has been both short staffed and busy, he has not had a chance to do it yet.
Trustee McHugh wondered whether or not the cost would be born by the Village or the McFaddens. He suggested they should table the discussion until they had the applicable numbers.
Asking permission to speak, Mayor McFadden interjected that the reason this method had been proposed was because Turtle Point Road was due to be ripped up for repair by the DPW anyway. It would cost a private contractor in the ballpark of $80,000 to bring in the necessary equipment etc. and uncover the lines, but all it would cost the Village was price of the pipe. The McFaddens are willing to pay this expense within reason. They are awaiting the estimate.
Trustee Gluck commented that before they got into the details of extending the main, he felt it would be a good idea for the Board to consider whether the system as a whole should be permissible. Counsel should review the code in order to ensure that both the water and sewage connections that have been proposed are permissible. Additionally, from a land use prospective, there is the issue of whether or not sewer hook-ups to boathouses that don’t currently have them is something that the Board want to endorse (if the code affords them the ability to consider it.)
Following some further discussion it was determined that the discussion would be tabled until they could determine the estimated costs. Water Main Connection - Town of Tuxedo Property Owner/east side of Route 17 – The Board voted unanimously in favor of granting Augusta properties permission to connect to the Village water main located on the east side of Route 17 to service a new commercial building to be located between the Orange Top and the Ambulance Corps, which received site plan approval from the Town Planning Board. Discontinuance of Paper Road – The Madden family is looking to purchase roughly 100 feet of the access road leading to the lake near their boathouse, located off of East Lake Road. They own the lots on both sides of the road. Their intent is to leave access to the lot intact. The section of the road they are looking to purchase begins about 10 feet past where the road turns. There are no pipes located there and it has no value for the Village. It is seldom, if ever, accessed by anyone. Their hope is to add it to the adjoining lot and then landscape the entire area. It will not add to the buildable portion of the lot. They are offering $15,000. If the Village chooses not to sell them the road, they will likely request permission to landscape the property anyhow at their expense.
Following a lengthy discussion amongst Mr. Madden, the Board and their attorney the request was tabled until further details could be researched worked out. Purchase and Financing of Police Vehicle – This item was tabled as they do not yet have financing rates.
Public Comment:
Concerning the Mayor’s request for water to his boathouse, Jim Hays inquired as to whether or not this type of change to an auxiliary structure would require a variance from the BZA.
Mayor McFadden responded that the Boathouse was not auxiliary structure, but rather a separate tax lot.
Mr. Hays responded that the boathouse was an auxiliary building to the McFadden’s existing home.
The Mayor responded that they were not, however, contiguous lots.
Mr. Hays suggested that putting water and sewer into the boathouse suggested that somebody might want to live there.
Mayor McFadden replied that he did not want to live there, but rather wanted to be able to provide access to a bathroom while entertaining, reiterating that it was not an auxiliary building to his house but rather a separate tax lot.
Mr. Hays asked the attorney to comment.
Mr. Nugent responded that he would have to review the code however the issue being discussed that evening was whether or not to extend the water line along the public roadway and not whether or not to allow the McFaddens water and sewer hookups. Those are separate issues.
Donation of Stone Bench:
The Board voted unanimously in favor of accepting the donation of a stone bench to be placed at the Wee Wah Beach Club to the right of the diving board out and out of the way of traffic.
There was a brief discussion as to whether or not there should be a policy in place with regard to accepting donations. Ultimately, Mr. Nugent advised that they could have a policy but he would not advise it. Rather, he suggested that donations should be taken on a case-to-case basis.
From The Mayor's Desk - Covid 19 Update - Mid July Recreation Guidelines (posted July 12, 2020)
Dear Neighbors,
With summer recreational activities in full swing on our lakes and other village properties, it is an excellent time to refocus on mitigating the risk of community spread. The residents have been stellar in following the guidelines to date and we should continue to do so. Recent national news and 1-newly reported case of COVID-19 in the Park (not community spread) has motivated me to reach out.
While it is a challenge at this point to continue social distancing and wearing a mask, we should resist the temptation not to.
The virus is still here.
As I mentioned, during the first three months of the stay-at-home order we did a stellar job as a community resulting in no cases of community spread. While confidence in our safety within the gates is justifiable, because we are in Phase 4, and New York City is in Phase 3, we have to be careful not to be overconfident or complacent. Residents are going back to work in New York City, there are more outside delivery vehicles and service vendors here more than ever before, guests are visiting on a much more regular basis, and we are venturing out to reopened stores and restaurants.
Across the nation, areas that are complacent and have relaxed restrictions are seeing a surge of cases. If someone contracts the virus in Tuxedo Park and we continue to gather in large, non-family groups, without following the guidelines, the number of cases will spread at an exceedingly fast pace in our tight-knit community and could have serious implications for the most vulnerable.
The Village of Tuxedo Park is affirming the Coronavirus guidelines issued by the New York State Department of Health here.
These guidelines naturally are in effect for all Village property, including Tuxedo Lake, the Little Wee Wah (Pond No. 3), Wee Wah Lake, the Race Track, the hiking trails, the Village Office, and all of our roads.
In my opinion, there is no better place than Tuxedo Park to weather this pandemic. Let’s continue to act responsibly and do our part so that new cases are kept to a minimum.
Notice of Special Village Board of Trustees Meetings July 8, 9 & 14, 2020
Wednesday, 7/8/20 @ 1:00 p.m., Thursday 7/9/20 @ 2:00 p.m. and Tuesday 7/14/20 @ 8:45 a.m. for the purposes of discussing employment matters relating to a particular person.
July 9:
Thursday, 7/9/20 @ 2:00 p.m. for the purpose of discussing employment matters related to a particular person. Zoom instructions below.
Special Village Board of Trustees Meeting June 23, 2020
The Village Board of Trustees held a special meeting via Zoom on Tuesday, June 23 at 9am. All Board members were present.
Road Safety Package:
The Board voted in favor of purchasing a digital speed awareness sign as well as authorizing an expense of up to $1,500 for additional road signage.
To listen to their discussion, clickhere.
Wee Wah Beach Club:
After a lengthy discussion, the Board voted in favor of renewing the lease with the Wee Wah Beach Club, allowing them to open for the season.
Clickhereto listen to this discussion.
Booth:
The Board voted in favor of moving the booth project forward.
Their discussion can be heardhere.
McFadden Well & Sewer Application:
The Board reviewed and discussed an application from the McFaddens for installing a well and sewer hookup at their boathouse on Turtle Point Road. The Mayor recused himself. There are a number of items that need further investigation/review. Ultimately it was tabled.
Listen to this discussion here.
Overton Subdivision:
The Overton subdivision is in the final stages of approval. They are in need of an Incidental Take Permit from the DEC, which sets forth very detailed conditions on how they have to conduct their operations to avoid the accidental taking of rattlesnakes during the construction process. The DEC has requested that the developer obtain a commitment from the BOT to take much of the same actions should it become necessary for them to do any work on any of the public utility easements that they maintain in connection with the development. Most of the easements are privately owned, although the Village has retained the right to work on them should the owners not carry out that obligation. Planning Board attorney Rick Golden has recommended that the Board respond indicating that this is not an obligation they would be prepared to take on. While they will certainly try to avoid any incidental taking of rattlesnakes, he advises that they should not subject themselves to the regulatory oversight of the DEC in performing standard maintenance functions or emergency functions. The Board was in agreement that they should follow Mr. Golden’s advice.
Water Plant Pumping Station:
Trustee McHugh reported that given the amount of people currently in residence in the Village, the pumping station at the water plant was working 24/7 and they are having a hard time keeping the appropriate water levels in the tanks. Going forward, there is a chance that they will be instituting lawn-watering restrictions. This is ultimately a function of the lack of rain.
Mayor McFadden added that the increase in population has also had an impact on the antiquated electricity infrastructure. The question of whether or not they should introduce regulations stipulating every-other-day air conditioning use has been put on the table. O&R continues to work aggressively to mitigate the brownouts.
Climate Smart Task Force:
The Board voted in favor of assembling a Climate Smart Task Force in conjunction with the Climate Smart Community Pledge they adopted at their previous meeting. The task force will consist of those Village residents who currently sit on the Town of Tuxedo’s Climate Smart Task force as well the Village Planning Board Chair and Trustee Gluck.
Engagement Letter – Cooper/Arias Accounting Firm:
The Board in in receipt of a proposal from Cooper/Arias for the year-end audit. It is identical to previous proposals. The fee is $17,000. The Board voted unanimously in favor of accepting the proposal.
Notice of Special Village Board of Trustees Meeting June 23, 2020
SPECIAL BOARD OF TRUSTEES MEETING – Tuesday, 6/23/2020 @ 9:00 a.m., via Zoom, for the purpose of considering the opening of the Wee Wah Beach Club and any other matters that may come before the Board. Zoom instructions below.
The Village Board of Trustees met on Wednesday, June 17 at 7pm via Zoom. All members were present.
Mayor’s Comments:
Due to the fact that the Park is currently “at capacity” and a majority of the homes are “online” certain areas of the Village have been experiencing electrical brown outs with some regularity. The brownouts have been occurring primarily in the area of Lookout Stable Road and Stable Road. This area is NOT slated to receive an upgrade from O&R this year. The level of electrical activity is putting a great deal of stress on the Village’s antiquated system, especially between the hours of 5-8pm. The Village is steadily at the same usage rate as it typically is at its busiest times of year, such as over the 4th of July weekend. O & R is moving quickly to upgrade other areas of the Park so that the new system can off-load some additional current to the problem areas and to speed things up and the Village has extended the electric company’s week day allowable work hours. As a result, O & R has indicated that the brownouts should stop in the affected area within 2-4 weeks.
The Village also suffers from spotty cellular service and the Mayor has recently asked for volunteers in one of his newsletters so that they may put together a committee to address the problem. A number of people have volunteered and Mayor McFadden is looking to get the effort off the ground in the next week.
Department Reports: Police – Chief Conklin reported the following for the month of May:
Criminal Complaints – 2
Non-Criminal Complaints – 297
Motor Vehicle Accident/Property Damage Only – 1
Traffic Tickets Issued – 1
Traffic Warnings Given – 2
Medical Calls – 0
Intrusion Alarms –2
Fire Alarms – 3
Shots Fired - 0
Miles Patrolled – 2,556
Assists Given to the Town of Tuxedo Police - 2
Assists Given to Other Outside Agencies – 1
Assists Received from Outside Agencies – 0
Additionally, an average of 1,173 cars per day entered the Village via the Front Gate. DPW – Trustee McHugh reported that along with DPW Superintendent Jeff Voss, Building Inspector John Ledwith and Trustee Gluck he had been meeting extensively with Westin and Sampson with regard to the control panel at the water treatment plant. They have defined the scope of work and engagement and begun collecting quotes. The prices for replacing the panel range from $80,000 to $140,000. Westin and Sampson have been engaged to “drill down” on these quotes and they have completed site visits in order to further refine what they think the Village needs in order to stay up to current standards as well as what functionality is needed. With regard to replacing the generator at the Water Treatment Plant, they are looking consolidate and replace the existing oil tanks with 1 tank in order to heat the plant and act as a fuel source for the generator. This is expected to cost somewhere between $5,000 and $10,000.
The department is refining their approach with regard to leak detection in the East Village. They would like to have some “shelf ready” projects in the event that the State Government comes out with grant opportunities, which might allow them to proceed. Typically sewer grants provide up to 30% of project costs while water grants provide 60%.
During the month of May the amount of effluent through the sewer plan exceeded plant exceeded the SPDES permit. This was a function of 5.4 inches of rain in the month of April in addition to an already saturated start. The Village has written a notice of violation to the DEC as required. Building and Capital – Click here to view the Building and Capital report.
Village Attorney Litigation Report:
There are three pending cases as follows: Miller Vs. The Village – this is a case brought by the Millers against the Village and a neighbor due to some alleged drainage damages. It is still pending. Yaknowitz Vs. Tayback – This is a civil action brought for excessive force and false arrest. Insurance council represents the Village in this case. This case is also still pending. Madden Vs. The Village – This is an Article 78 proceeding. As of June 16 the parties have agreed to forgo an oral argument. The briefs have been fully submitted and the case now awaits a decision.
Committee Reports:
There were none
Report by Town Board Member or Trustee Liaison:
Trustee Gluck reported that on Saturday, June 20 at 10am there would be an online event called Moving Tuxedo Forward that would feature presentations and discussions with respect to Town center revitalization, real estate opportunities and parks and recreation/ eco-tourism. The event will feature State Senator Jen Metzger, Assemblyman Karl Brabenec and County Executive Steve Neuhaus. There will be an opportunity for Q & A. Log in instructions can be found on the Town’s website. Trustee Reports:
With regard to the ongoing I & I project, Trustee McHugh reported that an addendum to the bid package has been sent out. Bids are due by 2pm on Friday, June 19. Once the bids have been received, Westin and Sampson will make an analysis and recommendation to the Board. This project is being financed through the EFC for 5 years. Subject to how effective the project is, additional remediation might be needed. Work will be occurring on Continental, Town Hill, Circuit, Club House, Serpentine and Turtle Point Roads. Essentially it entails re-aligning of the sewage lines and manholes. Trustee McHugh advised that additional meetings will be required in order to move the project forward.
Public Comments:
Mayor McFadden advised that the Trustees had received many letters, both pro and con, regarding the opening of the Wee Wah Beach Club. In total there have been 29 emails in favor of opening, 16 against and 1 suggesting that the Club should be opened to Village residents only. Noting that he anticipated a number of speakers on this topic, he requested that people try to keep their comments to two minutes or less. The floor was then opened.
Enrique Correden noted that he and his family were relatively new Village residents, having lived here for only 4 years. Covid-19 and the potential for a second wave and all the uncertainty surrounding that is most worrisome to his family at the moment. They have come to the Park to seek safety and refuge and they have concern over the potential of opening the Beach Club to outsiders. Under normal circumstances they have no issues with opening the Club, however right now they feel there is too much uncertainty. Many families have retreated to the Village seeking safety. The village streets are full. His family has had a couple of close calls with drivers who were going too fast. He urged the Trustees to vote with resident safety in mind. He feels that next year would be a better time to re-assess the opening of the Beach Club.
Jennifer Darling identified herself as both a Village resident and the Vice President of the Beach Club. With respect to Covid-19, Mrs. Darling noted that the Club had submitted proposed guidelines, modeled after the State Guidelines, outlining how the Club was intending to open. She believes that the guidelines in conjunction with the Club’s opening proposal comprehensively address all of the New York State and Health Department issues pertaining to how the Club will be run. The fact that the Village is currently at capacity was a major factor in the club’s decision to pursue opening. They believe that many Village residents will be looking to swim in the Wee Wah lake via that property whether the Club is open or not. Speaking directly to the issue of traffic, Mrs. Darling reported that the Club had spent the last few days carefully reviewing sign-in sheets from the previous season and noted that over the course of the 63 days that the Club was open, they averaged 10 non-resident vehicles per day. Conversely, during the same time period, the Police reported 1,300 vehicles entering the Village via the Front Gate on a daily basis. The amount of daily non-resident traffic heading to the Beach constitutes is ¾ of 1% of that number. Clearly all residents are concerned about traffic. It is a universal concern. That being said, the impact of the Beach Club traffic is minimal.
Elizabeth Cotoir and Howard Shore noted that they lived on the Wee Wah and crossed the road several times daily in order to access the lakefront. Their property located between two, mostly blind, curves in the road and she wondered whether the Village might consider either temporarily installing speed bumps there or making the road one-way around the Wee Wah Lake.
Jane Garofano commented that she and her husband were 37-year residents of the Village and that the Wee Wah Beach Club has always been a special part of their lives here. In all the years that they have been in the Village, she has never learned of any child or animal being hurt by a vehicle on the roadways leading to and from the Club. The Beach Club is typically somewhat sparsely attended, but it provides an important community service and she does not see that there are any insurmountable obstacles in the way due to Covid-19. There were several years when the Club was not able to operate due to the condition of the lake and that was incredibly disappointing. She does not feel that anyone would abuse the privilege if the Club were allowed to open.
John Sandak stated that he was a resident of the East Village who had been a member of the Wee Wah for the last 15 years. Having the Wee Wah open is a central part of their summer. He is confident that the Beach Club would take care of everything in order to enable the members to safely get out of their homes (where children have been kept away for the past 3 months) in order to enjoy the summer. The Towns are starting to open up and he feels it is imperative that they allow families in the community to access the Wee Wah and enjoy the outdoors.
Marc Citrin stated that he was both a resident and Beach Club Board member. Commenting that he wanted to reiterate everything that Mrs. Darling had said, he added that he wanted to address a point that had been made by one of the earlier speakers, who had said he did not want outsiders to come into the Village. He believes that this was an unfortunate turn of phrase to use and if the speaker was referring to people who live in the Town , he wanted to point out that the Tuxedo Club has numerous members from the State of New Jersey, who come into the Village at will. Whether somebody lives inside the Village or outside the Village should not be a factor with respect to the Board’s decision whether or not to open the Beach Club. The Village should not be creating a dichotomy between “us and them” especially in the current times. He feels this was a poor choice of words from that particular speaker. He further noted that the Village had the authority to reduce the speed limit from 30 to 25 miles per hour without the approval of the State Legislature. He suggested respectively that they consider imposing the lower limit throughout the Village, which would result in slowing drivers down.
Susan Goodfellow noted that she had been a resident of the Village for over 40 years and that the Wee Wah was an important part of life in Village, particularly now. She feels that between the Department of Health and the State of New York as well as the good work being done by both the BOT and the Wee Wah Board, certainly a safe environment could be developed in which people could use the facility and enjoy the summer months there.
Victoria March noted that she had been a summer resident of Tuxedo since 1970 and that the highlight of the summer each year was the ability to go to the Wee Wah. Her family visits the beach every day. There is not a lot of traffic generated by people going to the Beach. During the week, the facility is often empty. She stressed that right now the ability to get outside and go to the beach was critically important.
Jessica Naeve echoed Ms. March and further pointed out that if opened, it would be optional for people to attend. She does not feel that there is any evidence to suggest that there would be any negative impacts for those people who choose to go there. Although they do not visit the Club every day, they value the ability for their daughter to jump in the lake as a break from a normal summer, never mind a quarantined, camp-free summer.
Jed Turner noted that he had been going to the Wee Wah for his entire life and that it was a big part of who he was. That being said, putting aside Covid, he expressed concern over the increased volume of cars on the roadways. His home is located on the road to the Beach Club. Acknowledging that 10 cars a day is “not a big deal at all” he wondered if there were to be a significant spike in traffic what would be done to help mitigate it.
Jake Matthews stated that as a 40+- year resident of the Village he could attest that the Beach Club was an integral part of the community. Given that the Wee Wah was either closed or forced to endure shorted seasons for several years due to the low lake levels and now with Covid he feels that it is even more important for families to get out and recreate. If the State is opening up and putting in guidelines for beaches and parks and the Beach Club is being held to those standards then he favors opening it up this year. He echoed the concern of others with regard to traffic in the Village and more so the speed at which many cars are traveling. He reiterated that if speed concerns could be addressed by the Village and the Beach Club could address safety concerns as they related to social distancing and timed visits etc., then he felt the club should be opened.
Old Business: Resolution – Road Safety – Digital Speed Sign Rental –
Mayor McFadden noted that he, Chief Conklin, DPW Superintendent Voss and Code Enforcement Officer Ledwith had recently met to discuss traffic issues and related safety measures. The group put together a proposed safety package, which includes stricter speeding enforcement (fewer warnings and more tickets) renting two, portal(portable?), solar powered, digital road signs to locate at critical intersections (to communicate both road safety and O & R closure messages) and the purchase of a portable, solar powered, digital road sign that informs drivers whether or not they are speeding. Speed limit reduction to 25mph was also discussed, although they were under the impression that this needed approval from the State. They also discussed a series of permanent signs to identify high-risk areas.
These ideas were then reviewed and discussed at length by the Trustees. It was universally agreed amongst them that stricter enforcement was necessary. Trustee Barnett noted that when speeders arrive in Village court, they are typically offered the opportunity to bargain down to non-moving violation, which eliminates the threat of points on their license. He suggested that this if this were not case, and the proper penalties were executed, it would likely have a desired effect. He further suggested that in his view, the speeding issues had nothing to do with the Wee Wah Beach Club.
Trustee McHugh suggested that he would not be against lowering the speed limit but he felt that they needed the appropriate data to support the change. In reviewing empirical data from the last 3 years, he has noted a correlation in the decline of speeding tickets issued and the number of miles patrolled by the Police Department.
Trustee Coen is in favor of decreasing the speed limit to 25. She further noted that it was also important to consider actual speed vs. perception of speed as well as appropriate speed in certain areas. She suggested that there have been times when she has passed pedestrians and felt that she was flying by them, only to look down at the speedometer and discover that she was traveling 27 miles an hour.
Trustee Gluck is also in favor of exploring speed limit reduction. He was under the impression that getting it reduced would be both a lengthy and somewhat arduous process.
Although stricter enforcement is necessary, Trustee Coen stated that she felt residents should be afforded a warning prior to receiving a ticket and Trustee Gluck suggested that perhaps points did not have to be awarded to first time offenders. Trustee Gluck also expressed some skepticism with regard to idea of immediate feedback road signs.
When asked for his thoughts, Chief Conklin stated that he believes the digital signs to be highly effective, but they need to be moved around with regularity. He agreed that speed reduction should be explored in combination with stricter enforcement. That being said, he noted that often times people’s perceptions of speeding can be off and they might believe a car to be traveling much faster than it actually is. While there certainly is some speeding in the Village, the problem may not be as egregious as some people seem to believe it is. He and his officers have completed 24 radar details in last two weeks that resulted in only one speeder.
The idea of purchasing a driver feedback speed sign was discussed. Trustees Barnett and Gluck expressed support for the idea. Ultimately, The Mayor stated that he would organize the various signage and associated costs as proposed as part of the safety package so as to form a resolution to be voted on later in the meeting. Resolution – Wee Wah Beach Club License Agreement-
Mayor McFadden stated that he believed many residents had a false sense of security because they lived behind the gates within the Village and felt that because of this they would not catch or spread Covid-19. He pointed out that many residents regularly interacted with landscapers and contractors and housekeepers and delivery people. Many residents have been gathering in places such as the Club lawn or the golf and tennis courts. Ultimately, they have no idea where the vendors they are interacting with live. Many of them come from Suffern and Rockland County, which has been a hotbed for the virus. He felt it important to balance this kind of behavior with the concerns about opening the Beach Club. He then asked each of the Trustees to give their thoughts on the subject.
Trustee McHugh commented that he appreciated all of the efforts that the Beach Club has made to address the issues and try to make the opening a possibility. He has received an enormous number of calls from residents with concerns about traffic. He acknowledged Mrs. Darling’s report of 10 non-resident vehicles per day, but suggested that there could be a number of reasons for this including the fact that the membership was “decimated” due to both health department issues with the water quality and the low water levels as a result of the ongoing dam repair. He is not a fan of allowing access via the North Gate as has been discussed in meetings. This is a secure area where sewage is treated, among other things and poses a security issue.
Trustee Coen noted that two main issues have been raised. Speaking to the issue of Covid-19, she stated that she felt the Beach Club had done a great job and she felt it could be brought into compliance. Any individual, who might not be comfortable with it, should just not go to the Club in her view. She finds the issue of traffic and road safety more troubling. The average of 10 non-resident cars per day as presented earlier does not reflect potential spikes. Additionally, as noted by Trustee McHugh, the data pool was likely not as robust as it might be as a direct result of various issues pertaining to lake levels and water quality. She believes that if opened the membership would likely be more robust this year and that the numbers would increase, as would the spikes. There are so many more people on the road these days, pedestrians walking, kids riding bikes, people out with their dogs etc., she does not believe they can safely take the risk of adding additional vehicles to the road. While she is very supportive of opening up the Beach Club, she feels they need to mitigate the traffic issue first. She would like to explore how they might be able to utilize the North Gate to do this.
Trustee (Gluck?)commented that he felt if they could find a way to provide the residents of the Village with a swimming area this summer, it was something that they should strive for if they could do it safely. Covid-19 and pedestrian safety are the two main issues. He believes that both New York State and the Beach Club have done an excellent job of putting in place a set of protocols that have dotted all of the Is and crossed all of the Ts. With regard to the traffic, he pointed out that the 10-car average presented earlier came from a period of time when the Club was not shut down and therefore the numbers were likely in line with what they might see this year. Although there seem to be more people on the roads right now, he does not think that the number of cars traveling to the beach would be significant in the context of the total number of cars that are coming through. The traffic issue seems to him to be a minor additional burden to bear if they can provide the benefit that the Club would provide to the residents.
Trustee Barnett agreed with Trustee Gluck. He believes that the plans developed by the Beach Club go above and beyond the State requirements for safety. He does not believe it is fair to blame the Beach Club for the traffic issues. The traffic issues exist for a number of reasons. Are they going to put the same burden on the Tuxedo Club as they are putting on the Beach Club? He wholeheartedly supports granting the Beach Club a license.
Mayor McFadden stated that he had three major concerns, which are traffic, transfer and tracing. If they cannot be mitigated to his satisfaction he is leaning away from approval. For any resident who is concerned about getting Covid, joining the club is certainly optional. As things begin to open up more, people will be traveling more and while this may take some of the pedestrians off the street, it also heightens the risk of spreading the virus. He has discussed the idea of having the Beach Club take temperatures as members arrive at the discretion of the Covid Enforcement Officer, turning away anyone with a fever. He has further suggested that the Beach Club hire a contract tracer. Finally, the traffic issue is extremely important. He believes they should explore the idea of utilizing the North Gate on weekends. He has spoken with Chief Conklin, Superintendent Voss and Code Enforcement Officer Ledwith about it. Some things need to be done to the area in order to make it a feasible access point and the DEC should be called in to take a look, but ultimately the Mayor believes it could be used. He has spoken with the Beach Club about it and they were amenable to exploring the idea. A part time police officer would be necessary to man the area. With a potential 19 Saturdays and Sundays at a rate of $30 per hour, this would cost roughly $6,000 and the Mayor feels the Club should bear this financial burden.
Following some further discussion the Mayor took a straw poll of Board members to determine where the consensus lay. It appeared that the majority of Trustees were not ready to comfortably vote in favor of opening and therefore it was agreed that they would table the vote until the following Tuesday morning, at which point they would hold a special meeting. In the meantime they would continue negotiations with the Beach Club. Resolution – Booth Vendor Agreements – S & B and Jody Zero- Mayor McFadden noted that if approved, these would be the last two agreements necessary to facilitate the booth project. Trustee McHugh and Trustee Gluck had a number of questions and concerns that were discussed at some length. Ultimately there are some fundamental issues that the trustees would like to see addressed within the contracts before moving ahead. Trustee Coen asserted that these things could likely be done by the following Tuesday and the attorney agreed, however the Mayor argued it might not be doable and aggressively forced the meeting along, commenting he felt the issues at hand could be dealt with offline the following morning. Discussion – Overton Subdivision – This item was tabled as the Board is awaiting input from counsel. Update – Job Search – Mayor McFadden asked Trustee Barnet to update the Board on the search for Debbie Matthews’ replacement. Trustee Barnet reported that a description of the job had been posted to the Village website and an ad had also been posted in the Times Herald Record along with a number of other websites. These postings just occurred and they are hopeful to have responses in the very near future.
The Mayor added that Trustee Barnett had done a great job of putting together a strong job description, reiterating that the job had been posted in a number of locations and that they were looking forward to receiving responses.
New Business: Resolution - Leak Detection – East Village – The Village would like to employ a leak detection company to check some of the more difficult areas that Village waterlines cross under such as the New York State Thruway, the Ramapo River and the railroad tracks. There have information from two companies that would provide acoustic sounding services. The lowest price received to date is $1,500 per day for an 8-hour day. Trustee McHugh suggested that they should go with whichever company could perform the job sooner and following some discussion the board agreed to punt the decision until Tuesday morning, by which time Mr. Ledwith would be able to obtain proposed timelines. Resolution – Water Plant Generator – The Board voted unanimously in favor of purchasing a new water plant generator at a cost of $51, 590. Resolution – Part Time Police Officer Reimbursement Agreement- Chief Conklin explained that there had previously been a 1-year agreement in place whereby the Village would sponsor the officers through phase two of the Police Academy and then if the officer chose to leave the Village within a year they had to re-pay the cost. Unfortunately, the Village encountered an issue with recouping the money from the last officer who left and so the Village Attorney developed a prorated 3-year agreement, which contains an exact dollar amount for both uniform reimbursement and training. This way new hires will understand exactly what they will have to pay back to the Village should they decide to leave.
Trustee McHugh asked the Chief whether the new agreement provided him with a greater level of comfort. He responded that it did, indicating that he felt the Village would be much more protected under the new agreement. The Board voted unanimously in favor of approving the agreement. Resolution – Tuxedo Club Fireworks Request for September 5th – As the representative for the Tuxedo Club was not on the call, it was agreed that this item would also be tabled until Tuesday, at which time the representative would be present to answer questions. Resolution – McFadden Well Application – Mayor McFadden noted that just prior to the meeting he had learned that his plumber had not submitted the appropriate drawings and therefore he stated that he would like to table it until the next meeting. Resolution – Grant Police Chief access to Tuxedo Lake via Chastelleaux Lane – Chief Conklin has requested permission to access Tuxedo Lake via Chastelleaux lane both to carry out his official duties as well as for recreational fishing purposes. This was discussed at some length. There was some concern with regard to code compliance in terms of who is permitted to put boats on Tuxedo Lake and for what purpose. Portions of the code indicate that police officers can only access the lake in conjunction with their official duties while other portions suggest that the Trustees have the transgression to occasionally allow individuals access. Ultimately, after a fair amount of discussion, the Board voted in favor of allowing the Chief to store and launch his boat from Chastelleaux Lane, with Trustees McHugh and Gluck abstaining. Cap Ex List Update and Assignments: The Village has created a robust capital projects list. They subsequently prioritized the list and assigned various individuals to each project. Various projects were touched on including I & I, Lakes Management, and the wall on Summit Road, the Sewer on Pond #3, Leak Detection and Emergency Water Plans. Tax Certiorari – A resolution authorizing special counsel to represent the Village of Tuxedo Park in a tax certiorari litigation brought against the assessor by Hume Styer was put forth and unanimously adopted. NEAR 2020 Proposal – Trustee Gluck presented the Board with a proposal from lakes managers North East Aquatic Research (NEAR) in the amount of $44,000. This is down $12,000 from last years’ expense. Principal differences include a cutback in surveying, and extension of water quality November. Also, due to Covid-19, the CSLAPs program will not take place this year. Costs will be split between the Water and General Fund budgets. Mayor McFadden inquired as to whether or not installation of boons and application of procellacor were included in the proposal cost.
Trustee Gluck responded that they were not, further indicating that three boons had already been installed and that observation was ongoing.
The Mayor commented that he was “fed up to his ears” with constant surveying in the lakes. “We have spent hundreds of thousands of dollars and here we are with Milfoil that has been growing for 10 years. I don’t think we are addressing the problem. We know what to do and we are not doing it.” He went on to indicate that he was against “re-upping” with NEAR. Following some further discussion regarding the importance of continuing to survey the lakes and monitor the Milfoil., the Board then voted 4-1 in favor of accepting the proposal with the Mayor voting against. Climate Smart Communities – Trustee Gluck explained that New York State has a program called Climate Smart Communities in which slightly in excess of 300 communities participate. It is designed to encourage climate smart activities. Joining the program does not cost anything nor does it carry any sort of commitment. It does offer a variety of supports for climate smart activities including technical services, enhanced grading on grant applications, and it allows for credit and potential funding for certain projects. All that is required is the adoption of a pledge that enunciates a number of principals around climate smart activities. The Town of Tuxedo has adopted the resolution and formed a Climate Smart task force, which includes a number of Village residents. The thinking is that it would make sense for those village residents to form a similar Climate Smart Task/Advisory Committee to the Village, which would enable them to leverage both knowledge and expertise across both municipalities and potentially obtain credit for municipal sharing. The Board discussed the proposal and ultimately voted 4-1 in favor of moving ahead with the Mayor voting against. Resolution – Tree Removal – The McCathern property backs up to the Village property near the Fox Hill Tract. There are a number of large trees looming over their garage and property and they have asked the Village about removal. Counsel has advised that the Village investigate removing the trees as they pose a potential liability and Mr. Ledwith has obtained 3 estimates all of which are quite high. Ultimately it was determined that the matter would be discussed in executive session.
Public Comments:
Michele Lindsay reiterated Trustee Gluck’s earlier comments about Moving Tuxedo Forward Event on June 20.
Speaking to the issue of speeding, JoAnn Hansen suggested that there were two philosophies when it came to the speed limit. One was that they set the speed limit at 30 and most people comply. The other was that they lower the speed limit to 25 and this would result in most people driving five mph over the limit. She feels that they should be looking at specific, narrow areas where people are speeding and enforcing regulations there.
Jake Matthews pointed out that technically there might not be a lot of people exceeding the limit, but to a pedestrian walking on the roadway, 29 mph seemed incredibly fast. He noted that on Club House Road there was a sign that required a 15mph limit. He suggested that in theory there were likely some other streets where the limit should be decreased even lower. He pointed out that there was also some concern over the issue of potentially having too much signage throughout the Village and what that would do to the general aesthetics. He believes the digital signs that tell people how fast they are going are effective. He questioned the proposed look of the one that might be brought into the Village, further suggesting that some of them were quite large and had an unsightly trailer-drawn look, while there were other, smaller, signs that hook right on to street signs. The Mayor responded that he intended to share this information with the public.
Speaking to the proposed Climate Smart initiative, Jay Reichgott reiterated that the Town was a Climate Smart community. Commenting that it was pretty much “no pain,” he further suggested that if the Village should decide that they wanted to apply for grants in order to engage in an environmental project like solar panels etc., the opportunity would be there.
Following the approval of minutes the Board adjourned into an Executive Session to discuss the employment of particular persons, collective bargaining negotiations and front gate safety and security issues.
