MAY 15, 2017 VILLAGE BOARD MEETING
VILLAGE OF GREENWOOD LAKE
. PO BOX 7, 18 CHURCH STREET
GREENWOOD LAKE. NY 10925
PRESENT: MAYOR: JESSE DWYER
TRUSTEES: KATHELEEN HOLDER
KELLI ANN KELM
CHAD SELLIER
ATTORNEY: JOHN BUCKHEIT
ABSENT: TRUSTEE: THOMAS HOWLEY
MAYOR DWYER CALLED THE MEETING TO ORDER.
PLEDGE OF ALLEGIANCE TO THE FLAG.
CLERK OLSEN CALLED THE ROLL. ALL PRESENT EXCEPT TRUSTEE HOWLEY.
ANNOUNCEMENTS
MAYOR DWYER STATED THE HOBOKEN INTERNATIONAL FILM FESTIVAL WILL BE IN GREENWOOD LAKE FROM MAY 19TH TO THE 25TH. PREPARATIONS ARE ALREADY IN PLACE AND HAVE BEEN FOR QUITE SOME TIME. I ENCOURAGE PEOPLE TO GO DOWN TO THE BEACH AND SEE THE SET UP. WE ARE EXPECTING A BIG CROWD AND HOPEFULLY WE WILL HIGHLIGHT GREENWOOD LAKE AND ALL THAT IT HAS TO OFFER.
CORRESPONDENCE IS POSTED.
LETTER CONCERNING A WATER BILL.
VISITING ELECTED OFFICIALS
TOWN COUNCILMAN FLOYD DEANGELO – I HAVE NOTHING TONIGHT.
MAYOR DWYER THANKED THE TOWN OF WARWICK FOR USE OF THE BEACH AND DPW EMLOYEES TO GET SET UP FOR FILM FESTIVAL AND FOR THEIR SUPPORT.
AMBULANCE CORP- REPORTED BY NANCY DEANGELO
FOR THE MONTH OF APRIL, THE AMBULANCE CORP HANDLED 37 CALLS WITH 157 CALLS TO DATE. WE HAD 3 MVAS, 8 FALLS, DIFFICULTY BREATHING 12, 1 EMOTIONALLY DISTRURBED PERSON AND 4 OD’S, 2 CHEST PAINS, FALLEN CAMPER.
DPW REPORTED BY DEPUTY COMMISSIONER BEN ASTORINO
WE DID SOME WORK ON A CULVERT ON ELM STREET, BUILT A BASIN ON VINE STREET AND UP IN LAKELANDS. WE STARTED VACUUMING RETROFITS, ROAD SWEEPING, TREE WORK ON POPLAR STREET, NEW CLAY ON THE WINSTANLEY FIELD. THE WATER SPRINKLER PARTS HAVE COME IN AND IT SHOULD BE BACK SOON. WE HAVE BEEN FILLING POTHOLES VILLAGE WIDE AND REPLACING ROAD SIGNS. WE PUT STOP AHEAD STENCILS ON WINDERMERE. WE HELPED WATER DEPARTMENT UP IN WAH TA WAH WITH THE SUMMER WATER SYSTEM REPAIRS. WE PUT A NEW VALVE IN ON STERLING AND EDGEMERE AND WATERSTONE AND STERLING. THE GUYS WERE ALSO DOWN AT THE BEACH WITH THE FILM FESTIVAL.
MAYOR DWYER ASKED ABOUT O & R CUTTING BRANCHES ON TREE THAT HANGS OVER WINDERMERE.
BEN REPLIED THEY WILL BE COMING.
POLICE REPORTED BY CHIEF HANSEN
FOR THE MONTH OF APRIL, THE POLICE DEPARTMENT HANDLED 1292 COMPLAINTS AND MADE 22 ARRESTS. WE ISSUED 143 TRAFFIC TICKETS, 13 PARKING TICKETS, INVESTIGATED 7 MVA’S.
MAYOR DWYER THANKED CHIEF HANSEN FOR GETTING THE SHERRIFFS DEPARTMENT AND THE WARWICK PD TO HELP OUT WITH TRAFFIC CONTROL FOR THE FILM FESTIVAL. THIS WILL KEEP OUR OVERTIME DOWN.
COURT – REPORTED BY JUSTICE KEITH GARLEY – FOR THE MONTH OF APRIL WE OPENED 156 NEW CASES AND WE CLOSED 170 OLD CASES. WE WILL BE MEETING WITH THE HEAD JUDGE OF THE NINTH DISTRICT FOR THE MAGISTRATES MEETING THIS MONTH. THERE SHOULD BE SOME TYPE OF PLAN FOR AFTERHOURS ARRAIGNMENTS.
MAYOR DWYER STATED THE STATE HAS COME UP WITH A REQUIREMENT FOR AFTER HOURS ARRAIGNMENTS, ITS 24-HOUR REQUIREMENTS.
JUSTICE GARLEY – SO FAR THREE JUDGES HAVE BEEN SANCTIONED FOR NOT HAVING COUNSEL PRESENT. I CALL LEGAL AID AT NIGHT NOW.
MAYOR DWYER – THE ISSUE IS IF WE CANNOT GET LEGAL AID TO COME DOWN HERE THEN WE HAVE TO TRANSPORT THEM TO SOMEWHERE WHERE THERE IS A LEGAL AID ATTORNEY TO ANOTHER JUDGE.
ATTORNEY BUCKHEIT – PLUS, IF WE TRANSPORT SOMEONE OUT OF TOWN AND THEY GET SUBSEQUENTLY RELEASED, WHO PICKS THEM UP AND TRANSPORTS THEM BACK.
WATER REPORTED BY PHIL LANDRU.
THE DEPARTMENT HAS BEEN VERY BUSY WITH THE SUMMER WATER SYSTEM IN WAH TA WAH PARK THIS YEAR. THE GAS MAIN AND SERVICE EXTENSION PROJECT HAS PRODUCED QUITE A BIT OF EXCAVATION UP THERE WHICH HAS RESULTED IN AN ABUNDANCE OF LEAKS ON A DETERIORATING WATER SYSTEM. MOST OF THE PROBLEM SECTIONS HAVE BEEN REPLACED WITH NEW PLASTIC LINES AND ALL THE NECESSARY REPAIRS HAVE BEEN MADE. THE SYSTEM IS NOW FULLY OPERATIONAL. I WOULD ALSO LIKE TO THANK THE TOWN OF WARWICK DPW FOR ALL THEIR HELP WITH THESE REPAIRS ALONG WITH THE REPLACEMENT OF THE MAIN SUPPLY VALVE AT THE BOTTOM OF THE HILL.
AQUALOGICS WAS IN TO THE TREATMENT FACILITY TO REPAIR A FAULTY FLOW METER ON THE FILTER UNIT 1 THAT IS NOT ALLOWING THE UNIT TO PROPERLY PROCESS WATER. THEY ALSO REPLACED A FAULTY CHART RECORDER THAT WAS USED TO MONITOR THE PLANTS EFFLUENT TURBIDITY. WE ALSO GOT THEM TO SET UP A SYSTEM THAT IF THE TURBIDITY IS REALLY HIGH. THE SYST EM WILL SHUT DOWN. THE POLICE DEPARTMENT WILL GET A CALL AND THEY WILL CALL ME.
ANOTHER FULL ROUND OF LEAD AND COPPER IS SCHEDULED TO BE TAKEN BEORE THE END OF JUNE. THE VILLAGE HAS JUST TAKEN DELIVERY ON A CHEMICAL TANK FOR THE SODA ASH SYSTEM. IT IS SCHEDULED TO BE INSTALLED AT THE SOONEST AVAILABLE TIME UNDER CONSULTATION WITH JIM DWYER OF ESC ENVIRONMENTAL ALONG WITH THE APPROVAL OF THE COUNTY HEALTH DEPARTMENT.
MAYOR DWYER ASKED PHIL HOW MANY LEAKS UP IN WAH TA WAH TO START?
PHIL LANDRU – THERE WERE A LOT.
COMMISSION REPORTS
TRUSTEE HOLDER
IN RECREATION THE CONCERT SERIES CARDS ARE COMPLETE. THERE WILL BE FOURTEEN CONCERTS AND SIX MOVIES THIS SUMMER. KATHY TURNER TOOK THE BEAUTIFUL PICTURE ON THE CARD.
SOCCER CLUB REGISTRATION IS OPEN FOR NEXT SEASON. AFTER JUNE 4TH THERE WILL BE A $25.00 LATE FEE. YOU CAN GO TO GWLSOCCERCLUB.COM TO REGISTER.
HEALTH AND WELLNESS – JUNE THROUGH AUGUST THERE WILL BE ZUMBA AT THE BEACH SATURDAY MORNINGS AT 9:00AM AND YOGA ON SUNDAY MORNINGS AT 8:30AM.
SCHOOL BOARD – THE GREENWOOD LAKE MIDDLE SCHOOL WON A CONTEST AND WILL GET TO HAVE A PPREMIER THIS WEEK. TOMORROW IS THE ELECTION. THERE ARE TWO SEATS OPEN WITH THREE PEOPLE RUNNING, RON SUMMER, KEVIN TUHY AND MARY LALLY. VOTING IS FROM 11:00AM TO 9:00PM.
DEPUTY MAYOR KELM REPORT
SENIORS – ON MAY 2ND THEY HAD A TRIP TO PA. THEY ALSO HAVE A TRIP ON MAY 31ST TO GO SEE MAMA MIA. THE LIBRARY CAME IN ON MONDAY AND PAINTED APRONS WITH THEM. DONNA GARLEY WOULD LIKE TO THANK KATHY FOR HELPING HER WITH THE COMMUNITY BOARD EVERY MONTH. YOGA IS TUESDAYS AND THURSDAYS AT 10:30 AM AND ZUMBA IS WEDNESDAY AND FRIDAY AT 10:30 AND 10:00 RESPECTIVELY. THERE IS A DEFENSIVE DRIVERS COURSE BEING HELD ON JUNE 12TH FROM 10:00 TO 5:00PM. IT IS 20 FOR AARP MEMBERS AND 25 FOR ALL OTHERS. ANY AGE IS WELCOME TO COME. CALL 477-8482 TO REGISTER AND IT IS FIRST COME FIRST SERVE. THE SENORS WERE GIVEN TWO ALL ACCESS PASSES TO THE FILM FESTIVAL WHICH THEY RAFFLED OFF AND DAN ODONNELL AND ROBERT MAHONY WON.
CHAMBER – THE GWL CHAMBER WILL HAVE A SPONSOR TABLE AT THE FILM FESTIVAL PROMOTING VARIOUS ASPECTS OF THE VILLAGE AS A DESTIN ATION AND SHOPPPING AND DINING EXPERIENCE. THEY ARE SEEKING VOLUNTEERS. TH3 2017 VILLAGE BROCHURES ARE OUT AND REALLY NICE. PLEASE STOP BY MARIAS AT THE BOOKSTORE AND YOU CAN PICK SOME UP. SEPTEMBER 16TH, THEY ARE GONG TO HAVE THE BED RACES. ANY NEW BUSINESSES COMING IN TO THE VILLAGE PLEASE GIVE THE CHAMBER AS MUCH NOTICE AS POSSIBLE BEFORE YOU OPEN SO THEY CAN LET BOARD MEMBERS KNOW TO COME TO YOUR GRAND OPENING. THE STREET FAIR IS JUNE 10TH AND APPLICATIONS ARE STILL BEING ACCEPTED. YOU CAN DOWNLOAD ONE AT THE VILLAGE WEBSITE OR THE CHAMBER
WEBSITE. IF YOU HAVE ANY QUESTIONS YOU CAN CALL MY HUSBAND OR MYSELF AT 477-2652 OR SEND AN EMAIL.
TRUSTEE SELLIER REPORT
BUILDING DEPARTMENT – IN THE MONTH OF APRIL THE BUILDING DEPARTMENT TOOK IN $3,216.00 WHICH CONSISTED OF 8 ABSTRACT FEES, 2 FIRE INSPECTIONS, 2 RENTAL INSPECTIONS, 14 BUIDING PERMITS AND ONE PERMIT RENEWAL. IN ADDITION, THE PLANNING BOARD MET IN APRIL TO REVIEW AN APPLICATION FROM DUNKIN DONUTS TO BE LOCATED ON 17A. THEY ARE REVIEWING ENGINEERING AND AESTHETICS. THERE WILL BE A PUBLIC HEARING ON THIS APPLICATION.
ATTORNEY BUCKHEIT REPORT – I ATTENDED A VILLAGE COURT IN A NEIGHBORING COMMUNITY AND THE JUDGE HAS CLOSED OUT 14 DRUG CASES BECAUSE THE DEFENDENTS HAVE DIED FROM OVERDOSES. THIS JUST HIGHLIGHTS THE TREMENDOUS PROBLEM WE HAVE WITH OPIATES IN ORANGE COUNTY. I ATTENDED THE RECENT NYCOM CONFERENCE WITH THE MAYOR. I WAS HAPPY TO NOTE WE ARE ALREADY DOING MOST THINGS THEY TALKED ABOUT. ON MAY 23RD AT THE MILITARY ACADEMY AT WEST POINT THERE IS A PARADE TO HONOR GENERAL DEMPSEY AND I WILL BE ATTENDING ALONG WITH COLONEL JOHN GRAHAM. THE MAYOR IS ALSO PLANNING ON ATTENDING AND I ENCOURAGE ANYONE ELSE WHO WOULD LIKE TO ATTEND TO PLEASE COME OUT AND SHOW YOUR SUPPORT.
MAYOR DWYER – JOHN CONTINUES TO WORK FOR GRANTS FOR OUR VILLAGE.
VILLAGE CLERK REPORT BY PATRICIA OLSEN
WE FINISHED UP OUR BUDGET WORK FOR 2017-2018 AND THE NEW BUDGET WILL START AS OF JUNE 1ST. WATER BILLS ARE OUT AND OVERDUE AT THIS POINT WITH A 10% PENALTY DUE. IF YOU HAVEN’T RECEIVED A BILL OR HAVE A PROBLEM PAYING IT YOU CAN CONTACT MYOFFICE TO SET UP PAYMENT ARRANGEMENTS. WE ARE CURRENTLY PROCESSING THE NEW JUNE 1 TAX BILLS. TODAY YOU MIGHT HAVE HAD PROBLEM WITH LEAF PICK UP AS THE TRUCK BROKE DOWN. THEY WILL BE BACK TOMORROW TO FINISH UP.
OLD BUSINESS
LEAD AND COPPER – MAYOR DWYER STATED PHIL LANDRU COVERED THIS PRETTY EXTENSIVELY AND WE WILL BE DOING ANOTHER ROUND OR SAMPLING AND WILL MONITOR THAT CLOSELY TO SEE THE RESULTS.
LAKE MANAGEMENT – THE DEC HAS APPROVED OUR PERMIT AND WE WILL BE ADDING HERBICIDE AS PART OF OUR LAKE MANAGEMENT AND WILL OF COURSE NOTIFY THE PUBLIC WHEN THAT HAPPENS.
HUD – THIS IS A CDBG GRANT PROGRAM IN WHICH WE APPLIED FOR TWO GRANTS. WE WILL BE MEETING WITH THE CDBG COMMITTEE THIS THURSDAY TO GO OVER THE TWO PROJECTS AND WE SHOULD GET A DECISION WITHIN THE NEXT TWO MONTHS OR SO.
WINDERMERE AVE SIDEWALKS –WE OPENED A BID ON MAY 4TH AND THE LOWEST QUALIFIED BIDDER BEING PRECISE ENTERPRISES LTD. THEY WILL BE AWARDED THE BID THIS WEEK TO REPLACE THE SIDEWALKS FROM JERSEY AVENUE TO OAK STREET ON BOTH SIDES OF WINDERMERE, WITH THE EXCEPTION OF TWO PORTIONS THAT WERE JUST REDONE. THAT WILL TAKE ABOUT TWO TO THREE WEEKS AND WILL TAKE PLACE RIGHT AFTER THE STREET FAIR SO IT WILL BE COMPLETED BEFORE THE FIREWORKS AND PARADE. WE ARE LOOKING FORWARD TO THAT AND MAKING IT A LITTLE SAFER FOR PEDESTRIAN TRAVEL.
FILM FESTIVAL PARKING – AS PROMISED I ASSURED THE RESIDENTS THAT THERE WOULD BE MINIMAL IMPACT TO THEM WITH REGARDS TO PARKING. WINDERMERE AVE AND GREENWOOD PARK WILL BE CLOSED TO PARKING. WE WILL LET RESIDENTS IN. THE SHUTTLE TRAVEL ROUTE IS HAZEN, MURRAY TO WINDERMERE AND IF YOU PARK ON ANY OF THOSE STREETS YOUR VEHICLE WILLB E TOWED. THAT IS A PUBLIC SAFETY ISSUE, TO ALLOW POLICE, AMBULANCE , ETC TO GET THROUGH. WE HAVE DESIGNATED THREE PARKING LOTS AS WALK FROM LOTS, CVS IS LETTING US USE A PORTION OF THEIRS, THE LOT FROM CHURCH STREET AND IF SPOTS ARE AVAILABLE AT THE PARK N RIDE, YOU CAN USE THAT. THE SHUTTLE SERVICE WILL GO FROM AMERICAN LEGION ABOUT EVERY 20 TO 30 MINUTES. WE SUGGEST YOU ARRIVE 1 HOUR BEFORE YOUR MOVIE IS TO START. THE FULL LIST OF MOVIES IS ON THE HOBOKEN FILM FESTIVAL WEBSITE. VILLAGE RESIDENTS GET HALF OFF TO ALL THE EVENTS. THE OPENING NIGHT PARTY IS $100 BUT ONLY $50 FOR RESIDENTS AND MOVIES ARE $12 OR $6 FOR RESIDENTS. THERE IS A COMPONENT CALLED RESTAURANT ROW, WHICH WILL HAVE 8 DIFFERENT VENDORS INCLUDING THE BREEZY POINT, MURPHYS, THE HELM, JEAN CLAUDES, VESUVIUS AND THERE WILL BE A CASH BAR, AND POPCORN AVAILABLE. WE ARE HOPING THAT GUESTS WILL HAVE SOMETHING TO EAT, DRINK AND A MOVIE, A WHOLE EXPERIENCE. WE ARE VERY FORTUNATE TO HAVE THESE BUSINESSES SUPPORT THIS EVENT. THERE IS AN OPENING NIGHT FILM MAKERS RECEPTION WHERE YOU MUST HAVE TICKETS, BUT SATURDAY THROUGH MONDAY THERE WILL BE FILMS SHOWN FROM 12:00PPM TO 12:00AM AS WELL AS RESTAURANT ROW. THE TENT AT THE BEACH HAS CLEAR WALLS ON THE ONE SIDE TO SEE THE LAKE. WE WANT THESE VISITORS TO COME TO GREENWOOD LAKE. TO RETURN HERE. I’M SURE WE WILL HAVE ISSUES, AND IF WE DO LET ME KNOW. I AM OPEN TO CONSTRUCTIVE CRITICISM AND IF YOU NOTICE ANYTHING THAT WE CAN DO BETTER, I WANT TO KNOW.
ATTORNEY BUCKHEIT – I HAVE A CLARIFICATION. WHILE THE GOAL OF OUR SIDEWALK PROJECT IS TO IMPROVE THE THEM, NO COMMENT TONIGHT SHOULD BE CONSTRUED TO MEAN THAT OUR CURRENT SIDEWALKS ARE UNSAFE.
NEW BUSINESS
WATER BILL ISSUE – WE WILL ADDRESS THIS AS A RESOLTION.
EVENTS
THE CONCERT CARD IS OUT AND INCLUDES MANY OTHER EVENTS IN THE VILLAGE AS WELL BEYOND CONCERTS. I WANT TO THANK TRUSTEE HOLDER FOR HER HARD WORK IN ORGANIZING AND NEGOTIATING THAT. WELL DONE.
PRIVILEGE OF THE FLOOR ON ANY GENERAL TOPIC.
RESIDENT – I WANT TO ASK ABOUT PARKING AT THE COMMUTER LOT. MY HUSBAND GOT TWO TICKETS AT CVS AND I WENT TO VILLAGE HALL TO SEE IF I COULD BUY PARKING PASS FOR LOT AND WAS TOLD THEY WERE SOLD OUT.
MAYOR DWYER – WE ARE AWARE OF THE ISSUE. WE ARE GOING TO LOOK AT SOLUTIONS. THERE ARE EMPTY SPOTS BUT THEY HAVE BEEN PAID FOR AND IT’S A SLIPPERY SLOPE TO GIVE OUT MORE PASSES THAN THERE ARE SPOTS FOR. IF SOMEONE PAYS FOR A PASS AND CAN’T PARK THERE THAT IS A PROBLEM WE MAY OPEN UP A FEW MORE SPOTS. I CAN’T REALLY SAY WHAT HAPPPENED AT CVS BUT THE SIGNS ARE VERY CLEAR THERE THAT THEY DO NOT HAVE COMMUTER PARKING. OBVIOUSLY, THEY CALLED THE POLICE AND YOU WERE TICKETED AND THAT IS THEIR RIGHT. WE ARE CONSIDERING GIVING OUT DISCOUNTED PERMITS BEAUSE IT IS A BLOCK AWAY.
RESIDENT NORMAL WESTPHAL – ARE YOU GOING TO BE ABLE TO DROP SOMEONE OFF AT THE BEACH AND LEAVE?
MYOR DWYER – IF YOU HAVE A HANDICAPPED STICKER, YES, THEY WILL MAKE PROVISIONS FOR YOU. THERE WILL BE A POLICE OFFICER AT MURRAY WHO WILL MAKE THAT DETERMINATION. YOU DOO NEED TO HAVE A HANDICAP.
RESIDENT NORMAN WESTPHAL- WHERE IS THE RESTAURANT ROW?
MAYOR DWYER – IT IS ON THE FESTIVAL GROUNDS AT THE THOMAS MORAHAN PARK.
RESIDENT LARA DROZDOWSKY – I LIVE ON CASCADE TRAIL AND I AM CONCERNED ABOUT CONSTRUCTION AT 14 CASCADE TRAIL AND I WANT TO BE ON THE PUBLIC RECORD ON IT.
MS DROZOWSKI QUESTIONED THE SETBACKS AND BUILDING CONCERNING SURVEYS AND REQUIRED VARIANCES AND AIR CONDITIONERS PLACEMENT. I FILED AN OFFICIAL COMPLAINT WITH THE BUILDING DEPARTMENT CONCERNING MULTIPLE VIOLATIONS ON THIS PROPERTY. MY QUESTION IS WHY ISN’T THE VILLAGE CODE BEING FOLLOWED.
MAYOR DWYER – FIRST OF ALL WE HAVE MET SEVERAL TIMES. I HAVE BROUGHT THE BUILDING INSPECTOR UP THERE, THE CONTRACTOR, THE OWNER, THE ATTORNEY, TRUSTEE SELLIER AS WELL. THIS IS NOT A CONSPIRACY TO CHANGE OUT THE BUILDING INSPECTOR SO THE PROPERTY GETS SOME KIND OF PASS. I WILL NOT ADDRESS WHY ANOTHER BUILDING INSPECTOR MAY OR MAY NOT HAVE DONE SOMETHING. THAT HAS NOT HAPPENED THE WAY YOU ARE SAYING. THERE HAS NEVER BEEN A VIOLATION TO THE NORTH SIDE OF THE HOUSE. THERE WAS A VIOLATION TO THE SOUTH SIDE OF THE HOUSE WHICH HAS BEEN IDENTIFIED AS THE DECK WAS NOT BUILT AS A LEGAL NON-CONFORMING USE. ON THE NORTH SIDE THE DECK WAS LEGAL AS TO THE PROPERTY SETBACKS. AS LONG AS THE CONSTRUCTION IS ALONG THE SAME LINE, WHETHER UP OR DOWN IT IS ALLOWED. SOME OF THE INFORMATION YOU JUST PROVIDED IS INCORRECT. THERE WAS NO EXTENSION OF THE NON-CONFORMING BEING DONE ON THE NORTH SIDE. THAT HAPPENED ON THE SOUTH SIDE AND WE HAD THE HOMEOWNER REMOVE IT. WE SENT THEM TO COURT AND SAID YOU BUILT THIS PART OF YOUR DECK IMPROPERLY AND YOU NEED TO REMOVE IT. HE REMOVED IT. THERE WERE SEVERAL OTHER ISSUES THAT WERE IDENTIFIED AND MOST OF THEM HAVE BEEN RESOLVED. THE NORTH SIDE, I STAND BY ONE HUNDRED PERCENT. I PERSONALLY WENT TO THE SITE, I REVIEWED THE PLANS, PERSONALLY REVIEWED THE SURVEY, GOT PERSONAL REPORTS FROM EVERY SINGLE PERSON INVOLVED INCLUDING THE BUILDING INSPPECTOR, THE ATTORNEY, AND THE ENGINEER BECAUSE I WANTED A REALISTIC APPPROACH TO THIS. WE REVEIWED EVERYTHING AVAILABLE AND WE, AS A VILLAGE BOARD MADE A DETERMINATION THAT THAT PART OF THE DECK WAS BUILT LEGALLY AND WILL REMAIN. WE THEN PROVIDED YOU WITH GUIDANCE THAT YOU CAN TAKE YOUR CASE. WITH AN ATTORNEY AND GO TO THE ZONING BOARD OF APPEALS. TELL THEM THAT YOU DISAGREE WITH THE VILLAGE BOARD’S DECISION.
RESIDENT LARA DROZDOWSKY – BUT WHAT HAPPENED WITH THE BULDING INSPECTORS REPORT ABOUT A VIOLATION ON THE NORTHERN SIDE IN JANUARY.
MAYOR DWYER – THE BUILDING INSPECTOR IS NOT HERE TODAY, NOT BECAUSE OF THAT CASE.
LARA DROZDOWSKY – WHY IS THERE A NEW BUILDING INSPECTOR.
MAYOR DWYER – THE NEW BUILDING INSPECTOR IS AN EXTREMELY COMPETENT INDIVIDUAL, WHO IS VERY BRIGHT, KNOWS THE FACTS, HAS REVIEWED YOUR CASE VERY THOROUGHLY, PRESENTED HIS ARGUMENT TO ME, THE ATTORNEY, THE TRUSTEE AND THE ENGINEER. WE ALL AGREED WITH HIM THAT PART OF THE DECK WAS BUILT LEGALLY. THAT IS MY ANSWER TO YOU. I CANNOT ANSWER WHY THE PREVIOUS BUILDING INSPECTOR THOUGHT THE DECK MIGHT OR MIGHT NOT HAVE BEEN BUILT CORRECTLY.
LARA DROZDOWSKY – HE WENT PERSONALLY TO THE PROPERTY ON JANUARY 12TH AND INSPECTED THE PROPERTY AND SAID THAT MR. O GORMAN NEEDS TO REMOVE THE DECK AND THIS IS THE VIOLATION. THIS IS SIGNED BY MR PHIPPS.
MAYOR DWYER THAT’S THE FIRST WEEK HE WAS HERE. I AM NOT TRYING TO PUSH THIS OFF. I AM TELLING YOU TO BRING THIS TO THE ZBA.
ATTORNEY BUCKHEIT – THIS WAS NEVER FILED IN VILLAGE COURT.
LARA DROZDOWSKY – IF THERE IS A VIOLATION AND IT IS SIGNED IS IT NOT LEGAL.
ATTORNEY BUCKHEIT – YOU’VE READ THE DOCUMENT, IT SAYS WHAT IT SAY BUT IT WAS NEVER FILED IN VILLAGE COURT.
MAYOR DWYER – CAN YOU GET ME A COPY OF THAT DOCUMENT PLEASE.
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ATTORNEY BUCKHEIT – I UNDERSTAND YOUR QUESTION AND I HAVE ANSWERED IT AS WELL AS RESONDING IN WRITING TO YOUR ATTORNEY. WE HAVE GONE THROUGH EVERY DOCUMENT IN THE FILE. WE HAVE LISTENED TO YOU MANY TIMES. YOU HAVE BROUGHT NUMEROUS COMPLAINTS FOR THE PAST FIVE MONTHS. WE HAVE GONE THROUGH ALL OF YOUR DOCUMENTS AND YOU CONTINUE TO COLLECT NEW DOCUMENTS. YOU KEEP REFERRING TO COURT PROSECUTIONS THAT WERE STOPPED. YOU SHOW A DOCUMENT THAT WAS SIGNED BY THE BUILDING INSPECTOR THAT WOULD HAVE STARTED A PROSECUTION, BUT IT WAS NOT FILED WITH THE COURT. ALL OF THE PROSECUTIONS HAVE BEEN SETTLED AND HE BROUGHT THE PROPERTY INTO COMPLIANCE. WE HAVE HAD NUMEROUS VISITS TO THE PPROPERTY WITH MYSELF, BUILDING INSPECTOR, MAYOR, ENGINEER, TRUSTEE. WE HAVE GONE THROUGH ALL OF YOUR ALLEGATIONS AND LOOKED AT EVERYTHING THAT YOU PRESENTED TO US. IT IS THE DETERMINATION OF MYSELF AND THE BUILDING INSPECTOR THAT THERE IS NO VIOLATION. I RESPONDED TO YOUR ATTORNEY ADVISING HIM OF THAT. IF HE DOES NOT AGREE WITH THE DETERMINATION THE PROPER RECOURSE IS TO APPEAL THAT DECISION TO THE ZONING BOARD. YOU GIVE GREAT CREEDANCE TO THE FACT THAT THAT DOCUMENT WAS SIGNED BY THE BUIDING INSPECTOR AND IT MAY HAVE SOME MEANING TO THE ZBA, BUT NEW YORK LAW IS VERY STRICT IN ITS INTERPRETATION OF DOCUMENTS SIGNED BY BUILDING INSPECTORS. IF IT IS SIGNED IN ERROR IT HAS NO LEGAL MEANING. THAT IS SO THE MUNICIPALITY IS PPROTECTED.
LARA DROZDOWSKY – BUT IT IS SIGNED AND……
ATTORNEY BUCKHEIT – PLEASE LET ME CONTINUE WITHOUT INTERUPTING ME. IN NEW YORK CITY A BUILDING INSPECTOR SIGNED A PERMIT FOR A 50 STORY BUILDING AND IT WAS INCORRECT. THE BULDING INSPECTOR MAY HAVE SIGNED THIS IN ERROR CONSIDERING IT WAS HIS FIRST WEEK HERE, BUT THAT IS NOT BINDING UPON US. WE HAVE LISTENED TO YOUR COMPLAINTS AND YOU HAVEN’T BROUGHT UP ANYHING TONIGHT THAT WE HAVEN’T ALREADY HEARD AND RESPONDED TO AND CONSIDERED. I KNOW YOU DON’T LIKE MY OPINION. YOU DIDN’T LIKE IT WHEN I FIRST EXPLAINED IT TO YOU AND YOU HAVEN’’T LIKED IT ALL THE SUBSEQUENT TIMES BUT AS THE MAYOR HAS POLITLEY EXPLAINED TO YOU, YOUR ONLY RECOURSE NOW IS TO GO TO THE ZONING BOARD OF APPEALS. I SPECIFICALLY CO-SIGNED A LETTER ALONG WITH THE BUILDING INSPECTOR THAT SAID OUR FINAL DETERMINATION IS THAT THE OGORMAN PROPERTY IS CURRENTLY NOT IN ANY VIOLATION OF ANY ZONING ORDINANCE OF THE VILLAGE OF GREENWOOD LAKE. IT WAS EITHER BUILT PROPERLY OR TO THE EXTENT THAT IT DOESN’T MEET CURRENT CODE, IT’S A PRE-EXISTING NON-CONFORMING USE WHICH IS NOT OTHERWISE EXPANDED. IF YOU DO NOT AGREE WITH THIS YOU CAN APPEAL THAT DETERMINATION TO THE ZBA.
MAYOR DWYER – THE VILLAGE GOVERNMENT HAS CHECKS AND BALANCES. THE ZBA IS OUR CHECK. THEY ARE UNELECTED, UNPAID BODY OF COMMUNITY MEMBERS JUST LIKE YOURSELF WHERE YOU CAN BRING YOUR CASE. THEY WILL LOOK AT YOUR EVIDENCE. THEY HAVE A DIFFERENT ATTORNEY AND THEY WILL GIVE THEIR RECOMMENDATION AS TO WHAT NEEDS TO BE DONE. IF YOU GET THE ZBA TO AGREE WITH YOU AND FOLLOW YOUR ARGUMENT, THEY WILL THEN MAKE THEIR CASE TO THE VILLAGE BOARD. WE HAVE SPENT SO MUCH TIME REVIEWING YOUR CASE AND SPENT MONEY BRINGING THE ENGINEER AND BULDING INSPECTOR TO YOUR PROPERTY, THE ATTORNEY AND MY OWN TIME VISITING YOUR PROPERTY MANY TIMES. WE TRULY BELIEVE THAT YOUR BEST COURSE OF ACTION IS THE ZBA, NOT THIS BOARD.
LARA DROZDOSKY – DID YOU SHARE THE ATTORNEY’S AND ENGINEERS OPINION WITH ME.
MAYOR DWYER – I BELIEVE YOU FOILED THE ENTIRE PROPERTY FILE.
LARA DROZDOWSKY – I DIDN’T GET PHONE MEETINGS OR REPORTS FROM YOUR VISIT.
ATTORNEY BUCKHEIT – THERE ARE NO MINUTES OF THAT.
MAYOR DWYER – THE BULDING INSPECTOR GAVE YOU HIS REPORT. WE MET THERE WITH PLANS, LOOKED AT THE O GORMAN HOUSE, LOOKED AT YOUR PROPERTY WHICH DOES NOT HAVE YOUR AIR CONDITIONING UNITS BACK THE REQUIRED FIVE FEET.
LARA DROZDOWSKY -COULD YOU WRITE DOWN WHAT WAS SAID?
ATTORNEY BUCKHEIT – WE ARE NOT REQUIRED TO DO SO AND WE ARE NOT GOING TO.
LARA DROZDOWSKY – I AM WILLING TO WORK TOGETHER FOR A SOLUTION.
MAYOR DWYER – WE HAVE DEMONSTRATED THAT WE ARE. WHAT ELSE COULD WE POSSIBLY DO.
ATTORNEY BUCKHEIT – EVERYTHING YOU NEED TO APPEAL TO THE ZONING BOARD IS IN THE FILE. IF EVERY TIME SOMEONE MADE A COMPLAINT AGAINST A NEIGHBORING PROPERTY, IF THE BUILDING INSPECTOR HAD TO BREAK DOWN EVERY THING THAT IS IN COMPLIANCE. ALL YOU NEED TO DO IS TO WRITE OUT WHAT YOU THINK IS NOT IN COMPLIANCE AND BRING THAT TO THE ATTENTION OF THE ZBA.
MAYOR DWYER – YOU HAVE OBVIOUSLY DONE SOME RESEARCH. YOU ARE RIGHT THERE IS FIVE FOOT SETBACK, BUT THIS IS ALREADY NON-CONFORMING. I BELIEVE ATTORNY BUCKHEIT HAS GIVEN YOU IN WRITING ALL THAT YOU NEED AND HE HAS OFFERED HIS ADVICE TONIGHT.
LARA DROSZDOWKY – WHAT HAPPPENED BETWEEN JANUARY 12TH AND NOW?
ATTORNEY BUCKHEIT – WHAT I CAN SAY IS I HAVE BEEN THE VILLAGE ATORNEY THE ENTIRE TIME AND IS HAS ALWAYS BEEN MY OPINION THAT NOTHING ON THE NORTHSIDE OF THE BUILDING WAS IN VIOLATION OF THE VILLAGE CODE. THERE HAS NEVER BEEN ANY PROSECUTION REGARDING THAT SIDE OF THE BUILDING.
MAYOR DWYER – I WAS IN THE MIDDLE AND WASN’T SURE. BUT AFTER BRINGING EVERYONE TOGETHER TO LOOK AT OGORMANS DECK AND HEARING EVERY OPINION, I AGREE WITH JOHN. WE HAVE PUT SO MUCH TIME INTO LOOKING AT THIS AND SOME OF YOUR COMMENTS ARE SOMEWHAT OFFENSIVE. IT SEEMS AS IF YOU ARE MAKING ACCUSATION TOWARDS US. I DON’T REALLY APPRECIATE THAT. AT THIS POINT, I THANK YOU FOR COMING, YOU HAVE BROUGHT YOUR CASE AND I RECOMMEND YOU GO TO THE ZBA.
RESIDENT BETH MCCRINK – I SEE THAT THEY HAVE A RENEWED BUILDING PERMIT. THERE ARE TWO ITEMS I WANTED TO ADDRESS. ONE WAS THE PILLAR THAT WAS PUT ON MY PROPERTY.
ATTORNEY BUCKHEIT – THEY WERE GIVEN AN ORDER TO REMEDY FOR THAT AND THERE WERE SOME DRAINAGE ISSUES TO ADDRESS.
BETH MCCRINK – THERE ARE JUST LARGE CEMENT BLOCKS PUT OUT AND I WANTED TO KNOW IF THEY WERE GOING TO BE REMOVED.
MAYOR DWYER – I LEARNED THAT DAY THAT A WALL THAT IS LESS THAN FOUR FEET DOESN’T REQUIRE A PERMIT, IT IS CONSIDERED A LANDSCAPING WALL. IT DOES NOT NEED SETBACKS, IT DOES NOT NEED A PERMIT, AN ENGINEERED DESIGN, ETC. AS LONG AS LESS THAN FOUR FEET OF THE WALL IS SHOWING, IT DOESN’T REQUIRE A PERMIT. IF THAT WALL IS RIGHT UP AGAINST YOUR PROPERTY AND IS LESS THAN FOUR FEET IT IS FINE.
ATTORNEY BUCKHEIT – WHICH WALL ARE YOU TALKING ABOUT? THERE IS A RETAINING WALL, AND THE PILONS BUT I AM NOT SURE WHAT YOU ARE TALING ABOUT.
BETH MCCRINK – THERE ARE CEMENT BLOCKS. BUT I CAN’T DO ANYTHING ABOUT THE PYLONS?
ATTORNEY BUCKHEIT – YOU CAN SUE HIM IN CIVIL COURT IF YOU WISH. THE PYLONS ARE ON HIS PROPERTY NOT YOURS.
BETH MCCRNK – ONE IS ON MY PROPERTY.
MAYOR DWYER – I WANT TO THANK ED ENGLISH AND THE GIRL SCOUTS FOR THEIR PLANTING OF THE VILLAGE FLOWERS IN THE RAIN. THEY DID A GREAT JOB.
MOTION TO PAY ALL AUDITED BILLS.
MOTIONED BY TRUSTEE KELM. SECONDED BY TRUSTEE HOLDER. ALL AYES TO SAID MOTION, ONE ABSENT,
MOTION TO APPROVE THE MINUTES OF THE APRIL 2RD VILLAGE BOARD MEETING.
MOTIONED BY TRUSTEE HOLDER. SECONDED BY TRUSTEE SELLIER. ALL AYES TO SAID MOTION, ONE ABSENT.
RESOLUTION # 47 OF 2016/2017
AUTHORIZES THE NECESSARY BUDGET AMENDMENTS AND TRANSFERS TO CLOSE OUT 2016/2017 BUDGET YEAR. COPIES OF ALL AMENDMENTS AND TRANSFERS WILL BE PROVIDED TO THE BOARD AS THEY ARE COMPLETED.
MOTIONED BY TRUSTEE KELM. SECONDED BY TRUSTEE HOLDER. ALL AYES TO SAID MOTION, ONE ABSENT.
RESOLUTION #48 OF 2016/2017
AUTHORIZES THE ADJUSTMENT TO THE FOLLOWING WATER BILL TO HALF THE WATER FEE CHGE FOR A ONE TIME RELIEF ONLY.
MOTIONED BY TRUSTEE KELM. SECONDED BY TRUSTEE HOLDER. ALL AYES TO SAID MOTION, ONE ABSENT.
RESOLUTION # 49 OF 2016/2017
AUTHORIZES MAYOR DWYER TO SIGN THE MS4 ANNUAL REPORT TO BE SUBMITTED BY FUSCO ENGINEERING FIRM.
MOTIONED BY TRUSTEE KELM. SECONDED Y TRUSTEE SELLIER. ALL AYES TO SAID MOTION, ONE ABSENT.
RESOLUTION # 50 OF 2016/2017
AUTHORIZES THE BID OF THE WINDERMERE AVE. SIDEWALK PROJECT AND CONTRACT SIGNING TO THE LOWEST QUALIFYING BIDDER BY RECOMMENDATION AND REVIEW OF BID BY OUR ENGINEER FIRM FUSCO ENGINEERNG TO THE FOLLOWING:
PRECISE ENTERPRISES II LTD
1903 ALBANY POST ROAD
WALKILL, NY 12589
BASE BID $79,0086.00
UNIT PRICE A $12 /SF
UNIT PRICE B $22 /SF
MOTIONED BY TRUSTEE KELM. SECONDED BY TRUSTEE HOLDER. ALL AYES TO SAID MOTION.
BUDGET AMENDMENTS AND TRANSFERS:
A.3501.100 CHIPS CAPTITAL AND INCREASE A.5112.200 BY 27,309.36 TO APPROPRIATE CHIPS MONEY TO COVER CHIPS EXPENSE.
INCREASE A.2665.000 SALE OF EQUIPMENT BY $10,000 AND INCREASE A.3121.400 MARINE CONT BY THE SAME TO APPROPRIATE MONEY RECEIVED FROM THE SALE OF POLICE BOAT.
ICREASE A.2665.000 SALE OF EQUIPMENT AND INCREASE A.9060..800 HEALTH INSURANCE TO APPROPRIATE EXCESS MONEY RECEICED FROM SALE OF POLICE BOAT.
INCREASE A.3020..000 STATE JUSTICE COURT GRANT BY $2189.99 AND INCREASE A.1110.201 JUSTICE COURT EXPENSES TO APPROPRIATE COURT GRANT MONIES RECEIVED.
INCREASE ZONING FEES BY $ 250.00 AND .8010.400m EXPENSES TO APPROPRIATE FEES TO PAY EXPENSES.
INCREASE A.2115.000 PLANNING FEES AND $200.00 PLANNING EXPENSES TO APROPRIATE EXTRA FEES TO HELP PAY EXTRA EXPENSES.
MOTIONED BY TRUSTEE KELM. SECONDED BY TRUSTEE HOLDER. ALL AYES TO SAID MOTION.
TRANSFERS
FROM A.3620.100 $21,000 TO A.3620.400 TO ADJUST OVRAGES IN ACCOUNTS.
FROM A.5110.402 ROADS TO A.5110.417 TREES.
FROM A.3120.409 TO A.3120.108 $500.00. FROM 3120-409 TO A.31120.400 $4,000. FROM A.3120.409 TO A.3120.421 $6000.00. FROM A.3120.409 TO A.3120.431 $600.00 TO COVER OVERBUDGET ITEMS IN POLICE DEPARTMENT.
MOTIONED BY TRUSTEE KELM. SECONDED BY TRUSTEE HOLDER. ALL AYES TO SAID MOTION, ONE ABSENT.
MOTION TO GO INTO EXECUTIVE SESSION TO DISCUSS PERSONNEL MATTERS.
MOTIONED BY TRUSTEE KELM. SECONDED BY TRUSTEE HOLDER. ALL AYES TO SAID MOTION.
MOTION TO CLOSE EXECUTIVE SESSION ANF RECONVENE VILLAGE BOARD MEETING., MOTIONED BY TRUSTEE SELLIER. SECONDED BY TRUSTEE KELM. ALL AYES TO SAID MOTION, ONE ABSENT.
NO ONE PRESENT.
RESOLUTION # 51 OF 2016/2017
AUTHORIZES THE MAYOR TO SIGN THE EMPLOYMENT CONTRACT WITH CHIEF JOHN HANSEN FOR THE PERIOD 6/1/2017 TO 5/31/2019.
MOTIONED BY TRUSTEE SELLIER. SECONDED BY HOLDER. ALL AYES TO SAID MOTION, ONE ABSENT.
RESOLUTION # 52 OF 2016/2017
MOTION TO AUTHORIZE OFFICER DUGGAN TO RECEIVE A MONTHLY STIPEND OF $100.00 FOR DRUG ENFORCEMENT THAT IS BEYOND HIS EXPECTATION OF A POLICE OFFICER.
FOR A PERIOD OF 1 YEAR AND WILL BE REVIEWED ANNUALLY BY THE VILLAGE BOARD.
MOTIONED BY TRUSTEE HOLDER. SECONDED BY TRUSTEE SELLIER. TRUSTEE KELM – NO. MAYOR DWYER – YES.
MOTION TO CLOSE THE MAY 15TH VILLAGE BOARD MEETING AT 9:25PM.
MOTIONED BY TRUSTEE HOLDER. SECONDED BY TRUSTEE KELM. ALL AYES TO SAID MOTION.
MEETING ADJOURNED.
RESPECTFULLY YOURS,
PATRICIA OLSEN
VILLAGE CLERK/ TREASURER