APRIL 20TH, 2020 VILLAGE BOARD MEETING
VILLAGE OF GREENWOOD LAKE
PO BOX 7, 18 CHURCH STREET
GREENWOOD LAKE, NY 10925
MEETING HELD BY ZOOM
PRESENT: MAYOR: DWYER
TRUSTEES: KATHELEEN HOLDER
THOMAS HOWLEY
KELLI ANN KELM
CHAD SELLIER
ATTORNEY: JOHN BUCKHEIT
MAYOR DWYER ASKED EVERYONE TO STAND FOR THE PLEDGE OF ALLEGIANCE. THIS MEETING IS BEING HELD OVER ZOOM.
VILLAGE CLERK PATRICIA OLSEN CALLED THE ROLL.
MAYOR DWYER, TRUSTEE HOWLEY AND ATTORNEY BUCKHEIT AND VILLAGE CLERK PATRICIA OLSEN ARE PHYSICALLY PRESENT. TRUSTEES KELM, HOLDER AND SELLIER AND ANY MEMBERS OF THE PUBLIC ARE PARTICIPATING OVER THEIR PHONES THROUGH ZOOM.
CORRESPONDENCE
LETTER FROM A RESIDENT WHO WENT IN FRONT OF THE ZBA. HE SHOULD NOT HAVE HAD TO GO IN FRONT OF THEM. THERE WAS A LANGUAGE BARRIER AND HE HIRED AN ATTORNEY. WE FELT THAT ALL OF HIS EXPENSES DIRECTLY RELATED TO THE ZBA MEETING SHOULD BE REIMBURSED, BUT NOT HIS ATTORNEY FEES. WE ACKNOWLEDGED THE MISTAKE AND HAVE PAID HIM $1000..00. HE IS NOT SATISFIED AND FEELS THAT WE SHOULD PAY HIS ATTORNEYS BILL. ATTORNEY BUCKHEIT HAS LOOKED AT THIS AND DETERMINED THAT THIS WASN’T OUR LIABILITY.
TRUSTEE KELM – I FEEL THAT IF HE WAS TOLD BY THE BUILDING INSPECTOR THAT WE WOULD REIMBURSE THESE EXPENSES, HE REALLY DIDN’T HAVE THE AUTHORITY TO TELL HIM THAT.
MAYOR DWYER – THE BUILDING INSPECTOR CAME TO ME AND SAID HE FELT HE MADE A MISTAKE. FROM MY DIRECTION HE CONTACTED THE INDIVIDUAL AND STATED THAT WE WOULD REIMBURSE HIM FOR REASONABLE EXPENSES. THE GUY THEN SUBMITTED A BILL FOR OVER $3000. I GAVE THAT BILL TO BUCKHEIT AND HE CONCLUDED THAT $1000 WAS A REASONABLE AMOUNT TO PAY. NOT EVERYONE GETS AN ATTORNEY TO GO TO THE ZBA.
TRUSTEE KELM – BUT THE LETTER STATES THAT OUR EMPLOYEE TOLD HIM HE MADE A MISTAKE AND HE WOULD BE REIMBURSED.
MAYOR DWYER – FOR REASONABLE EXPENSES. I FEEL BAD FOR THE INDIVIDUAL, AND NYCOM SAYS WE ARE NOT OBLIGATED TO REIMBURSE HIM AT ALL.
TRUSTEE KELM -MAYBE HE NEEDS TO GO FOR SOME MORE TRAINING.
MAYOR DWYER – IN THE HISTORY OF THE VILLAGE, AND WORKING CLOSELY WITH THEM, THERE SEEMS TO BE A LOT OF THINGS THAT JUST AREN’T CLEAR ABOUT WHO GOES TO THE PLANNING BOARD AND WHO DOESN’T. AFTER THIS WE HAD TRUSTEE SELLIER AND THE PLANNING BOARD CHAIRMAN AND THE ZONING BOARD CHAIRMAN AND THE BUILDING INSPECTOR HAVE A MEETING TO DISCUSS ANYTHING THAT NEEDED CLARIFYING. SOME THINGS ARE NOT CUT AND DRY. PEOPLE MAKE MISTAKES AND HE BROUGHT IT TO MY ATTENTION. I AGREE AND FELT BAD FOR THE INDIVIDUAL BUT I THINK WE REMEDIED THE SITUATION AS BEST AS WE COULD.
TRUSTEE KELM – I JUST FEEL BAD FOR THIS HOMEOWNER. THIS GOES BACK ALMOST A YEAR.
ATTORNEY BUCKHEIT – IN THE LETTER HE STATES HIS EXPENSES. WE DETERMINED THE NECESSARY EXPENSES, SUCH AS MAILINGS, NOTICES, ETC AS NECESSARY EXPENSES BUT THE ATTORNEY FEES WERE DISCRETIONARY. HE CHOSE TO HIRE AN ATTORNEY. HE HAS NO LEGAL ENTITLEMENT.
TRUSTEE KELM – I UNDERSTAND THAT BUT I DON’T KNOW WHAT THE BUIDLING INSPECTOR SAID TO T HIS GENTLEMAN. I ONLY KNOW WHAT HE WROTE IN THE LETTER. IF HE WAS TOLD BY A VILLAGE EMPLOYEE THAT HE WAS GOING TO BE REIMBURSED FOR ALL HIS EXPENSES THEN I FEEL THAT IS WHAT WE SHOULD HAVE DONE. IF THAT IS NOT THE CASE, I DON’T KNOW.
MAYOR DWYER – I BELIEVE THIS GENTLEMAN HAS A LANGUAGE BARRIER AND THAT ED TOLD HIM WE WOULD REIMBURSE HIM FOR REASONABLE EXPENSES. I DO FEEL BAD FOR THE GUY.
TRUSTEE SELLIER – IS THIS ISSUE DONE? I SAW THE NOTE THAT THE ATTORNEY WASN’T HAPPY WITH THE OUTCOME.
MAYOR DWYER – THEY HAVE NO ACTION AGAINST THE VILLAGE.
MAYOR DWYER – WE HAVE WAIVED DEPARTMENT REPORTS FOR THIS MEETING. MAYOR DWYER ASKED IF ANY OF THE TRUSTEES HAD A REPORT. THEY DID NOT.
ATTORNEY BUCKHEIT REPORT – THE BUILDING INSPECTOR AND I CONTINUE TO VISIT SITES AND MAKE SURE THAT SOCIAL DISTANCING REQUIREMENTS ARE BEING MET. WE HAVE ANSWERED ALL REQUESTS FOR FURTHER CLARIFICATION.
VILLAGE CLERK OLSEN REPORT – I HOPE EVERYONE IS WELL. WE HAVEN’T BEEN GETTING TOO MANY CALLS AND HAVE BEEN KEEPING BUSY WITH THE DROP BOX NEXT DOOR AND THE WATER BILLS COMING IN. THE VILLAGE BOARD DID EXTEND THE DUE DATE TO MAY 15TH FOR WATER BILLS. THE COURT SYSTEM WILL BE CLOSED FOR THE WHOLE MONTH OF MAY. IF YOU HAVE ANY COMPLAINTS, POT HOLES, LEAVES ETC.
MAYOR DWYER – THE COURT SYSTEM DOES GENERATE SOME REVENUE, SO WE WON’T BE GETTING ANY OF THAT REVENUE.
TRUSTEE SELLIER – WHAT IS THE FACEMASK LAW RIGHT NOW. I SAW A SIGN AT CVS THAT IT IS NOW REQUIRED.
ATTORNEY BUCKHEIT – BUSINESSES ARE ALLOWED TO ENFORCE ANY REGULATIONS TO ENSURE THE SAFETY OF THEIR EMPLOYEES AND PATRONS. IT MAY NOT BE THE LAW BUT THEY HAVE THE RIGHT TO ENFORCE IT IN THEIR BUSINESS. IT IS MY UNDERSTANDING THAT IF YOUR ACTIVITY IN THE PUBLIC AND WILL BE WITHIN SIX FEET OF ANOTHER PERSON, THEN YOU ARE REQUIRED TO USE A FACEMASK. IF YOU ARE IN VIOLATION, YOU CAN BE CHARGED WITH VIOLATING THE GOVERNORS ORDER. THE COURTS ARE CLOSED, SO THEIR HAS BEEN NO ACTUAL PROSECUTION ALTHOUGH THERE HAVE BEEN ARRESTS.
MAYOR DWYER – FOR THE GENERAL PUBLIC AND ESSENTIAL EMPLOYEES THAT ARE REQUIRED TO INTERACT WITH THE PUBLIC. THE GOVERNOR MADE A POINT IN SAYING THAT IF ITS REASONABLE TO ASSUME YOU WILL COME INTO CONTACT WITH OTHER PEOPLE AND CANNOT MAINTAIN SIX FEET DISTANCE, THEN YOU SHOULD WEAR A MASK. IF YOU ARE IN YOUR YARD, OR GOING FOR A WALK WHERE YOU CAN MAINTAIN DISTANCE, THEN YOU ARE NOT REQUIRED TO WEAR ONE.
OLD BUSINESS
COVID 19 – MAYOR DWYER STATED THERE ARE OVER 7000 CASES IN ORANGE COUNTY AND OVER 300 HAVE DIED. ICU BEDS AND RESPIRATORS ARE IN SHORT SUPPLY. WE HAVE BEEN HEARING SOME POSITIVE NEWS ABUT HITTING THE APEX AND HEADING OUR WAY DOWN BUT IT IS STILL AN ISSUE. OUTSIDE NEW YORK CITY IS ABOUT TWO WEEKS BEHIND THE CITY AND OUTSIDE NEW YORK IS ABOUT TWO WEEKS BEHIND THAT. OTHER STATES AND BIG CITIES ARE STILL GOING UP. NUMBERS OF THOSE TESTING POSITIVE IS STILL GOING UP. TODAYS CONFERENCE CALL WITH THE COUNTY THE BIG QUESTION IS WHO IS RESPONSIBLE FOR OPENING UP OUR ECONOMIES AND NO ONE IS SURE WHO IS GOING TO MAKE THAT CALL. WE ARE DISCUSSING WHETHER OR NOT WE WILL HAVE FIREWORKS. THE STREET FAIR IS OUT OF THE QUESTION. I DON’T THINK SOFTBALL, LITTLE LEAGUE ETC IS OPENING UP ANYTIME SOON.
PLEASE CONTINUE TO SUPPORT YOUR LOCAL BUSINESSES IN A SOCIALLY DISTANT MANNER. BUY GIFT CERTIFICATES, GET DELIVERY, ETC. WE HAVE TO CONTINUE DOING WHAT WE ARE DOING. I DID A TELETOWN MEETING LAST WEEK AND WE HAD ABOUT 400 PEOPLE JOIN IN. I WILL CONTINUE THOSE. MARINAS CAN OPERATE NOW AS LONG AS THERE EMPLOYEES WEAR MASKS, ETC.
MUNICIPAL WELL – MAYOR DWYER STATED WE NEED THIS TO GO ONLINE BEFORE SUMMER WATER IS TURNED ON. I WOULD ESTIMATE TWO WEEKS. WE NEED O & R TO SUPPLY THE TRANSFORMER WE JUST NEED THE POWER FROM THE POLE. WE CAN THEN GO ONLINE AND DO A HYDRANT FLUSH.
BUDGET – WE MOVED THROUGH OUR PUBLIC HEARING PHASE AND THIS EVENING WE WILL HOPEFULLY PASS THE BUDGET AND MEET OUR REQUIREMENTS.
NEW BUSINESS
WATER BILLS – MAYOR DWYER STATED WE HAVE TWO. ONE IS MINE. MY BROTHER CAME TO LIVE WITH ME AND THE TOILET FLAPPER WAS NOT SEALING CORRECTLY AND I DIDN’T REALIZE IT. I FIXED IT. IT TOOK MY AVERAGE BILL OF 310 TO 505.00. I’M ASKING FOR THE SAME RELIEF WE GIVE TO EVERY OTHER RESIDENT THAT HAS A LEAK. WE CUT IN HALF THE WATER USAGE PORTION OF THE BILL. THE OTHER ONE IS ATTACHED IN A LETTER.
2020 LAKE MANAGEMENT PLAN – MAYOR DWYER STATED I ATTENDED THE LAST LAKE COMMISSION MEETING VIA ZOOM AND LOBBIED FOR 20,000 – 30,000 TO CONTRIBUTE TOWARDS OUR PLAN. THIS YEAR WE HAVE PLANNED HERBICIDE BEGINNING IN MAY/JUNE. WE WANT TO AVOID ALGAE BLOOMS AND PEOPLE ARE ALREADY SEEING THEM BECAUSE OF THE MILDER WINTER. WE ARE WORKING WITH OUR LAKE MANAGEMENT FIRM, THE DEC, THE LAKE COMMISSION AND FEEL WE NEED A PROACTIVE TREATMENT TO AVOID ALGAE BLOOMS. REGULAR ALGAE IS ALWAYS PRESENT BUT WE WANT TO AVOID THE HAZARDOUS ALGAE. YOU WANT TO TREAT THE LAKE BEFORE THEY ARRIVE.
TRUSTEE HOLDER – WHILE YOU WERE TALKING TO THE LAKE COMMISSION, DID NEW JERSEY SAY THEY WERE GOING TO DO ANYTHING ON THEIR SIDE OF THE LAKE TO CORRECT IT.
MAYOR DWYER – I KNOW THEY ARE PUSHING FOR IT AND TRYING TO RAISE MONEY FOR IT. THERE IS A LAKE COMMISSION MEETING THIS WEEK SO HOPEFULLY WE WILL LEARN MORE. IM GLAD THEY ARE INTERESTED IN HELPING THE NEW YORK SIDE ANYWAY. THE OTHER COMPONENT IS WEED HARVESTING. WE ARE APPLYING FOR PERMITS AND HAVE SECURED A CONTRACTOR FOR THE NORTH ARM. WE NEED TO TRY AND KEEP UP WITH HARVESTING TO PROTECT THE RESIDENTS. THE DEC HAS EXPANDED THE WETLAND BOUNDARY AND LIMITED WHAT WE CAN DO. I WANT TO INCREASE AND EXPANND UPON WATER TESTING AND ENSURE THAT WE HAVE A BUDGET FOR THAT, OXYGEN LEVELS, PHOSPHORUS, COLIFORM ETC TESTS SHOULD BE DONE MONTHLY AND WE WILL BE WORKING WITH THE COMMISSION TO TEST 4-6 LOCATIONS IN THE VILLAGE.
RETROFITTING CATCHBASINS – MAYOR DWYER STATED IVE BEEN WORKING WITH COUNCILMAN DEANGELO TO TRY AND CLEAN THESE OUT AND REPLACE THE RETROFITS. WE HAVE SEPTIC RULES, WE HAVE PHOSPHORUS RULES, WE HAVE ANY WORK WITHIN 100 FEET OF THE LAKE HAVE TO GO TO PLANNING BOARD AND WE ARE TRYING TO PREVENT ANY HAZARDOUS ALGAE FROM MAKING ITS WAY INTO THE VILLAGE.
FRANK GILBERT SUBMITTED A RESUME TO BE ON THE PLANNING BOARD. HE WAS THE CHAIRMAN OF THE CHESTER PLANNING BOARD; HE IS VERY ACTIVE IN THE LIONS CLUB AND I WOULD LIKE TO APPOINT HIM AS AN ALTERNATE MEMBER.
TRUSTEE KELM – DOES HE LIVE IN THE VILLAGE?
MAYOR DWYER – YES. HE SOLD HIS HOUSE IN CHESTER. HE DOES GO TO FLORIDA IN THE WINTER BUT AS AN ALTERNATE MEMBER THAT SHOULDN’T BE A PROBLEM.
TRUSTEE KELM- DOES AN ALTERNATE MEMBER HAVE VOTING RIGHTS?
MAYOR DWYER – ONLY IF THERE IS AN ABSENT OF A FULL QUORUM OF VOTING MEMBERS. WE HAVE BEEN TRYING TO GET NEW MEMBERS FOR THE LAST FOUR YEARS AND THIS IS THE ONLY APPLICATION. THERE ARE TIMES WHEN WE DON’T HAVE A QUORUM AND PEOPLE CANNOT APPEAR TO GET APPROVAL FOR THEIR PROJECTS, SO WE NEED MEMBERS.
TRUSTEE SELLIER – YES, WE NEED ALTERNATES.
MAYOR DWYER – THERE ARE NO EVENTS OTHER THAN A TELETOWN HALL. I WANT TO DEVELOP A MORE COMPREHENSIVE LIST. WE HAD FOUR HUNDRED PEOPLE LISTEN IN AND I WANT TO GET AS MANY AS POSSIBLE.
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TRUSTEE KELM – ARE YOU ABLE TO REACH OUTSIDE THE VILLAGE? THERE ARE PEOPLE RIGHT OUTSIDE THAT WOULD LOVE TO HEAR UPDATES?
MAYOR DWYER – I DON’T KNOW IF WE CAN JUSTIFY THE EXPENSES FOR PEOPLE THAT DON’T LIVE IN THE VILLAGE. ANYONE CAN CALL IN, BUT THE LIST THAT I CALL IS FOR THE VILLAGE.
ATTORNEY BUCKHEIT – I JUST NEED TO LOOK INTO THAT.
MAYOR DWYER – WE CAN OFFER THE NUMBER FOR PEOPLE TO CALL INTO AND I DID DO THAT THE LAST TIME. WE DON’T GET CHARGED FOR THAT.
TRUSTEE HOLDER – WE COULD ASK THE SCHOOL DISTRICT IF THEY COULD POST SOMETHING GIVING EVERYONE THE NUMBER.
MAYOR DWYER – I DID POST THE NUMBER IN THE PAPER LAST TIME AND ON THE WEBSITE AND ON FACEBOOK.
PRIVILEGE OF THE FLOOR.
RESIDENT MANNY TIRADO – I’M GLAD THAT BOATING SEASON IS OPEN, BUT MY CONCERN IS SOCIAL DISTANCING, WITH THE BEACH AND THE BOATS, AT THE SAND BAR, ETC.
MAYOR DWYER – THE POLICE HAVE BEEN BRIEFED ABOUT THE LAWS AND LT EIRAND HAS BEEN TOLD TO ENFORCE THE SOCIAL DISTANCING AT THE SAND BAR. ITS TOUGH. THERES A FINE LINE IN ASKING PEOPLE ON ONE BOAT IF THEY ALL LIVE TOGETHER. BOATS WILL NOT BE ALLOWED TO TIE UP. SOCIAL DISTANCING IS BEING ENFORCED AT CUMBERLAND. I WAS STANDING OUTSIDE WITH ATTORNEY BUCKHEIT AND ED BILELLO AND WE WERE ASKED TO PLEASE MOVE APART. EVERYONE IS DOING A GOOD JOB, WEARING MASKS, ETC.
MOTION TO PAY ALL AUDITED BILLS. MOTIONED BY TRUSTEE HOWLEY. SECONDED BY TRUSTEE SELLIER. ALL AYES TO SAID MOTION.
MOTION TO APPROVE THE MINUTES OF THE MARCH VILLAGE BOARD MEETING.
MOTIONED BY TRUSTEE SELLIER. SECONDED BY TRUSTEE HOLDER. ALL AYES TO SAID MOTION,
RESOLUTION #43 OF 2019/202
AUTHORIZES THE REDUCTION IN THE WATER FEE CHARGE TO HALF THE AMOUNT FOR ACCOUNTS 31086 AND 30884.
MOTIONED BY TRUSTEE KELM. SECONDED BY TRUSTEE HOWLEY. ALL AYES TO SAID MOTION,
RESOLUTION # 44 OF 2019/2020
AUTHORIZES THE VILLAGE CLERK TO RENEW THE FOLLOWING BANS AT THE CURRENT RATE: POLICE CAR # 3 AT $14,630.00, AND WATER MAIN REPAIR AT $180,000.00
MOTIONED BY TRUSTEE SELLIER. SECONDED BY TRUSTEE HOLDER. ALL AYES TO SAID MOTION.
RESOLUTION # 45 OF 2019/2020
AUTHORIZES THE RESOLUTION IN SUPPORT OF PESTICIDE TREATMENT OF GREENWOOD LAKE, ORANGE COUNTY BY SOLITUDE LAKE MANAGEMENT.
MOTIONED BY TRUSTEE KELM. SECONDED BY TRUSTEE HOWLEY. ALL AYES TO SAID MOTION.
RESOLUTION # 46 OF 2019/2020
AUTHORIZES THE ADOPTION OF LOCAL LAW #1 OF 2020 TO OVER-RIDE THE TAX CAP.
MOTIONED BY TRUSTEE SELLIER. SECONDED BY TRUSTEE KELM. ALL AYES TO SAID MOTION.
RESOLUTION # 47 OF 2019/2020
AUTHORIZES THE ADOPTION OF THE 2020/2021 GENERAL BUDGET IN THE AMOUNT OF $3,936,685.00 WITH A TAX RATE OF $57.79 PER THOUSAND AND AN INCREASE OF $263 OVER LAST YEAR. ALSO AUTHORIZES THE ADOPTION OF THE WATER BDGET IN THE AMOUNT OF $818,154.00
MOTIONED BY TRUSTEE HOWLEY. SECONDED BY TRUSTEE SELLIER. ALL AYES TO SAID MOTION.
RESOLUTION # 48 OF 2019/2020
AUTHORIZES THE AWARD OF THE VILLAGE HALL ADA BATHROOM HUD GRANT TO WESTAR TECH SERVICES IN THE AMOUNT OF $84,870.00
MOTIONED BY TRUSTEE SELLIER. SECONDED BY TRUSTEE KELM.
MAYOR DWYER WE DID HAVE THE BID OPENING AND FINALLY GOT ONE NUMBER IN THE RANGE WE WERE LOOKING FOR. WE WERE AWARDED $84,000. THIS IS FOR THE BATHROOM AND THE FRONT VILLAGE HALL WINDOW TO THE CLERKS OFFICE.
MOTIONED BY TRUSEE SELLIER. SECONDED BY TRUSTEE KELM. ALL AYES TO SAID MOTION.
BUDGET AMENDMENTS AND TRANSFERS
FROM ACCOUNT AMOUNT TO ACCOUNT
A.3120.107 2870.00 A.3121.400
A.3120.200 600.00 A.3121.400
A.3120.408 1422.28 A.3121.400
A.3124.400 169.00 A.3121.400
A.3121.401 464.17 A.3121.400
A.3120.413 200.00 A.3120.441
A.3120.443 200.00 A.3120.441
A.3120.421 2100.00 A.3120.433
A.3121.200 570.00 A.3120.422
A.3121.200 400.00 A.3121.400
A.3121.200 1030.00 A.3121.100
MOTIONED BY TRUSTEE KELM. SECONDED BY TRUSTEE HOLDER. ALL AYES TO SAID MOTION.,
MOTION TO ADJOURN THE VILLAGE BOARD MEETING WITH THE NEXT MEETING BEING MAY 18TH,.
MOTIONED BY TRUSTEE HOLDER. SECONDED BY TRUSTEE HOWLEY. ALL AYES TO SAID MOTION.
MEETING ADJOURNED AT 8:20PM.
RESPECTFULLY YOURS,
PATRICIA OLSEN
VILLAGE CLERK/TREASURER