Board of Trustees

Village of Walden Board of Trustees Regular Meeting January 7, 2025 Mayor Ramos called the regular meeting of the Village of Walden Board of Trustees to order at 6:30pm. On roll call the following were: Mayor: John Ramos Present: Deputy Mayor Chris Batson Trustees Becky Pearson Ralph Garrison, Jr Bill Taylor Liz Kyle (late) Absent: Kristie Hall Also Present: John Revella, Village Manager Marisa Kraus, Village Clerk Dave Donovan, Village Attorney Public Hearing – Spectrum Franchise Agreement Deputy Mayor Batson made a motion to open public hearing for Spectrum Franchise Agreement. Seconded by Trustee Garrison. All ayes. Motion carried. Deputy Mayor Batson: If I may, there have been a lot of questions surrounding this and I just want to clear up some confusion on this. By us entering into this contract and I'll read directly from here under Section G, franchise shall mean non-exclusive rights granted the pursuant of this franchise to construct, operate and maintain the cable system along the public ways within all specified areas of franchise. Again, the grant clearly states that this is a non-exclusive franchise, so, by us entering into this does not mean that Spectrum can be the only the single, only unique provider for us. This is just simply a contract that says they have a right to operate within our service area. So again, I know that a lot of folks are saying it limits us to Spectrum. It does not. If other companies want to come in and pursue a similar agreement they're empowered and entitled to do so. This agreement does not stop them from doing it. It doesn't uniquely limit us to Spectrum for the Village of Walden. It‟s just simply a contract saying that they have the rights to operate here. Trustee Pearson: At the last meeting, 8.6, we talked about tree trimming and we're going to add to village standards and sidewalks to be repaired to village standards and I don't know if that's in there because I just got it tonight so I haven't read it. Deputy Mayor Batson: It's not. If you're looking for something that has language specific to village standards. Trustee Pearson: We talked about that and there was an agreeance to put that in there so that things were prepared and repaired properly. That was one and just the only other thing I have was we talked about compliance of the laws, which is 15.1. In village law, we have wires that are supposed to be transferred within 60 days from 1 pole to another and somebody was going to let us know where we are with that and whether that can be done or not. I still would like that answer. My other question is, do we have any other agreements right now with any other companies? Franchise agreements. 1 Trustee Taylor: Do we have an agreement with Frontier? Manager Revella: No. Trustee Taylor: What differentiates the 2 situations? Manager Revella: No idea. Not sure why. Frontier is not considered a cable distribution company. Maybe that's why. Attorney Donovan: I believe the answer to that, Bill, I‟m 90% sure, that Frontier is deemed to be a public utility. Cablevision is not required by the Public Service Commission to have a franchise agreement. This is a renewal. You have 1 already. It expired or it's about to expire, so that's why they're asking if you can do so. Spectrum has asked us so they are in conformance with NYS Public Service. Trustee Taylor: It was a curiosity question because some people feel that they're going to be restricted to utilizing Spectrum. Attorney Donovan: It‟s nothing different than there is now. Trustee Taylor: I'm hoping this will address the zombie poles that Spectrum still has their equipment tied to and the poles are still sitting there. Manager Revella: I know that they were out today on Gladstone transferring over some. Definitely needs to be addressed. Trustee Taylor: I believe at one time we were sending out a letter. Did we do that? Manager Revella: To the Public Service Commission and the other entities involved, the Building Department did I believe. Trustee Taylor: We sent that to Spectrum and told them, hey, you still got poles out here with your equipment hanging off it? Manager Revella: Pretty sure they got copied on it. I‟ll make sure. Trustee Pearson: That was my question at the last meeting, whether we can put that in here or not. If we can, let's put it in there so that they're going to move their wires and let's get it going. Manager Revella: It doesn't hurt to try. Trustee Taylor: They're not responding to any correspondence that's being generated. *Mayor Ramos read email from resident into minutes* Trustee Garrison: Just to be clear, seems that the trend is, people are wondering if they still have the option of choice. They 100% still have the option of choice to what is available in the area. This does not restrict them. I just wanted to make sure that the public understands that. You still have all the same options that you have now. Spectrum is not going to be proprietary. Still have all the options. Manager Revella: Correct. People use DirecTV and other things already in Walden. 2 Deputy Mayor Batson made a motion to close public hearing for Spectrum Franchise Agreement. Seconded by Trustee Taylor. All ayes. Motion carried. Village Manager’s Report  Christmas and New Year holiday went well. Staffing wasn‟t too limited  New Deputy Clerk/Treasurer started last week. Getting acclimated in the office  Went over PBA discussions with Village Attorney and PBA Reps  Went over some Public Works projects, vehicles and staffing  Went over sewer projects with the engineer trying to get updates for the DEC  Went over water/sewer payments with residents for payment plans  Public Works out there to do some salting. Hasn‟t been too heavy with snow so far  Had meeting with the Town Hall for Police Services. Not much progress  All departments working on inventory, evaluations and budget prep getting started  Rec Department did some sidewalk clean ups, indoor pickleball is going 4 times a week, very well. Teen center, after school is going well, programming at the Community Center, indoor soccer is over, went well. Basketball is beginning now. Waiting for ceiling panels to come in to get replaced. It‟s been ordered  Building Department issued 16 new permits, 21 property violations, follow up on maintenance issues, 2 stop work orders, 5 CO reports and responded to FOILs as well as assisted with Zoning and Planning  Clerk‟s been going over Facebook/website updates, had some time off for vacation, did some FOILs and handicaps, responded to inquiries even from vacation  Finance Department working with Edmunds, working on payroll, journal entries, getting new person acclimated, talk about RBT in exec  Public Works did go out and salt a few times, keeping roads safe, flushing, jetting, meeting residents for concerns, worked on lead and copper report. Water Department did 6 mark-outs, replaced 20 meters, replaced 4 endpoints, did a closing and an inspection  Police Department is pretty well staffed. 3 people out on injury right now, hopefully 1 will be back shortly. Going well with all of our shifts. Reducing overtime. Did 25 traffic stops, 19 summonses, 63 parking tickets, 6 mvas, 9 arrests, 403 blotters Trustee Pearson: Painting, you‟re painting the whole Community Center again? Manager Revella: Hallways and the main room. Using semi gloss, easier to wash. Trustee Pearson: Painting where in this building? Manager Revella: The hallway and the bathrooms. They're done. Trustee Pearson: The Police, you're continuing to review overtime. Did we not go to 12-hour shifts? I was told that we don't have much overtime on 12-hour shifts or what's going on? Manager Revella: We don't. But we have several people out and people on field training right now, so we‟re still monitoring. Trustee Pearson: Building Department talked about Overlook, is that Overlooked Kidd Farm? Manager Revella: Yes, Kidd Farm. Trustee Pearson: They're not following what should be followed. Is that what I'm hearing? Manager Revella: That's correct. 3 Trustee Pearson: Did we put a stop work order on them? Manager Revella: He did. There‟s an issue with the drainage. Trustee Pearson: I did bring up a point to the 60 Main building. When that was done, t doesn't look like it's finished to me, in the back. We haven't paid that gentleman for his work? Manager Revella: We did not. Hasn‟t submitted a bill yet, either. Trustee Pearson: Looks like there's still part of a foundation there and some open spaces inside. Manager Revella: We'll follow up with them. Trustee Pearson: 35 North Montgomery St, what's next with that building? Manager Revella: Got the demo permit, right? *Building Inspector Wallner inaudible from audience* Trustee Pearson: Do we give people times that they have to have it done by or what is the process that we do? Manager Revella: How long is the demo permit good for? Building Inspector Wallner: A year. Trustee Pearson: Church St, I did take a look at that. That doesn't look pretty. I don't understand how that hill is still not going to fall down in there with that small retaining wall there. Manager Revella: It's not even started yet. They‟re just putting stone in. *Building Inspector Wallner inaudible from audience* Trustee Pearson: I was standing on the Scofield sidewalk and I said this still looks like it could just cave away underneath of there. What's gonna hold the gravel up on the hill? I don‟t understand. I'm not an engineer, but I don't understand how that just because of retaining wall‟s down here in the hill‟s up here, all of this can still run down this way. So, I don‟t understand what hold this up here. Unless they put a mesh something on top of it. Can you find that out for me, please? Manager Revella: Yes. And an engineer has to sign off on that, too. 48 Riverview, you saw that? Trustee Pearson: I did. That looks nice. Manager Revella: No topsoil yet. Waiting for it to settle. Trustee Pearson: I drove by it just to see, but we'll have to see what it looks like when it rains. Manager Revella: Working so far. Deputy Mayor Batson: Can we celebrate that has a win? 4 Trustee Pearson: We'll have to see if it works. Trustee Taylor: John, do we have a handle on how many water meters have not been replaced yet? Manager Revella: Yeah, we know how many. Trustee Taylor: Do we know who they are? Manager Revella: Yes. Trustee Taylor: How many do we have? Manager Revella: Over 900. Trustee Taylor: What seems to be the holdup in getting them replaced? Manager Revella: Residents not scheduling. We did the notices and they are getting charged $75 a quarter now for not changing. So, hopefully it gets them some incentive. It was in their December 1st bill, everybody that needed it got it. Deputy Mayor Batson: Traffic is constantly called out as a concern for the village and I just want to point out that if you were to go back a year ago and look at these, the amount of traffic stops has quadrupled. Which is absolutely fantastic. I know that it's perhaps not completely tested, but I don't want to underpin the success of 48 Riverview. The citizens came up. They said this is a persistent issue that's been there for 7 years. It was resolved in, I don't know, 8 weeks which is shocking amount of time for the government. Moved at lightning government speed on that but a lot of times we get criticized, “nothing ever gets done”. I think that's a significant win and shows that we're currently effective and then I can't speak to this, Rob, I don't know if you want to or not, the conversation that you and I had briefly before this but for 36 Orange Ave about the retaining wall. We just simply, again, none of us are engineers, we simply chose to follow the engineers recommendations for that, and that may have not been the best solution for us because the devil was in the details of that. There are some things slightly bypassed. We would have looked to have had some sort of, its encroaching on our right of way and it would have required a variance. The new plans we just simply bypass that by accepting those plans. I don't know what we need to do when complex issues like that arise, I think probably in general it's going to be our preference just to simply take the recommendations of engineers because we're not engineers, we don't know but maybe there's a little bit more we can do on that. Mayor Ramos: I want to commend the Police Department and the new officers that are working the streets, people in the village are really pleased on their interactions and seeing patrol cars out on the on the street so kudos to them. Approval of Minutes Tabled Public Comment None Introductory to Local Law – False Alarms Attorney Donovan: Last time we met, I had indicated to you that I would give you a copy of the law I prepared for Goshen and one of the interesting things in life is you remember something as being so well articulated and drafted and then when you look up what you did in 2003 and you say, that wasn't as nearly as good as I remembered it, so I did not send it to you purposely. I took what 5 Ulster County, which we had, which is a lot more lengthy than this, that we require a permit. Think the village was interested in doing a permit, discussed that with John. So, this is just basically a draft for your review. It remains a work in progress. To enforce penalties if there's repeated false alarms, you may decide we don't think that's a problem in the village. We're not going to do it. You may decide we want to do it, but change X, Y and Z, whatever that may be, but this just is a shortened version of what we started with last time for your review. Deputy Mayor Batson: I'm fine with this. The only issue I have is under Section 5A, the penalties for false alarms, the condition for a second alarm is omitted. Attorney Donovan: Yeah, I generally round up, that's how I make money 😉 Sorry about this. Deputy Mayor Batson: I couldn't remember if we discussed that the first and second were free and that the penalty falls for the third, or if you start to pay for the second one. Attorney Donovan: Whatever you decide is the most reasonable you're obviously permitted to do. Deputy Mayor Batson: Do we have a preference on that? Trustee Taylor: I had the same question. I didn't know if Dave threw it in there just to see if we read these things. Deputy Mayor Batson: Dealing with this in the private sector every single day this rotates out through a calendar year, right? My opinion, my preference probably be that the first and second are the zero and the $250 starts on the 3rd. If this was a shorter time frame or something like that, I would push back on that. That would be my preference for this. That zero for the first and second calls. That third, you owe. Trustee Taylor: That's within the calendar year? Deputy Mayor Batson: Yes. This is within a calendar year, not a rolling year. It is very specific to a calendar year. Trustee Pearson: I did a little research on 2 different places that have them. This one is Carmel. It says the first 2 false alarms are free. Third is $50, fourth is $100, fifth is $300, for 9 false alarms is $400, 10 false alarms are $500. So, they went into how many alarms they're together. And then, this one had the same. The first 2 were free, not exceeding 15 days apart or they should be fined after that and then it says for the third false alarm within a year the owner shall be fined $200, the fourth alarm within the year $300 and the fifth is $500. They're kind of close to what we had, but the first 2 were free. Deputy Mayor Batson: I like the time frame component but this already will require record keeping on behalf of someone. I don't want to complicate it with a 15 days. Trustee Pearson: Where you think that's going to happen here? Deputy Mayor Batson: Somebody in the Police Department. The dispatcher. I don't know. I don‟t know if that belongs necessarily in our code, but rather in a policy. But somebody has to record keep on it. Trustee Pearson: Can I step back to what a false alarm is? Usually, it is a fire false alarm, it's emergency, right? Lots of times we have no control over the fire part of it. Who's going to be billing 6 for the Fire Department? Who gets the money? How does that happen and where does it go? The Fire Department is not the same as the village office and the Police Department. There's 2 entities, how does that work? Manager Revella: That's the Fire Department's business and district whether they want to do something like that. This is for our services, the police respond to every call for service. Police and a lot of times the Building Inspector. Trustee Pearson: I keep reading it's about fire and our Fire Department is not even connected to the village as an entity for monies. Manager Revella: This doesn't specifically say for fire. It says false alarms, could be burglar alarms. Trustee Pearson: I also wrote that. Do we need to put those stipulations in there what the alarms are? Do we want it just to be certain alarms or what type alarms do we want to have? Deputy Mayor Batson: Anytime the police are dispatched. That's it. Whether it's if the police have to respond to a fire, I don't know what they do or not, but if the police are dispatched and there is no action taken by any of those responding departments, then I'm sorry you are going to have to start to pay. Trustee Taylor: John, I think once we talk about fines, we're going to have to pay close attention to who's documenting this and where it's going to fall. We don't want to get into I thought you were putting it down, I thought you were putting it down. Because that's not going to play well in the courtroom. Manager Revella: I agree. Trustee Pearson: Then the other thing was, what is an alarm system is? It says in here, not personal. If I have a house alarm and it goes off? That‟s my personal alarm. Or does it have to be connected to an alarm service? What does this alarm system mean? I've read it here but have lots of questions on it. It says device is interconnected by telephone and radio frequency and private radio signals which emit intermittent remote, audible, visible and electronical signal indicating an alarm condition to intend. And then it goes and it says for fire and medical emergency services and emergency, which performs services in the Village of Walden. Alarm system shall not include any personal alarm device nor an alarm device unless the vehicle's permanently located, so I don't know what that means. I don't know if I have a personal alarm. How does the alarm get set? I call in and I say I'm having an emergency or is it coming through a system? I don't know. It didn't make sense to me because it says no personal. Trustee Garrison: Do you know what a personal alarm is? It's like one of those medical emergency. Like where you have to push the button you know if you‟re older and you fall and you have an emergency. Trustee Pearson: That's the only thing that constitutes in a personal alarm. Trustee Garrison: Or right at Stewart's. Where they have the button on their shirt where they can push the button if there's an alarm or something like that. I believe that's what they're referring to as a personal alarm. Trustee Taylor: An alarm system within your home doesn't constitute a personal alarm. 7 Trustee Garrison: Correct. Building Inspector Wallner: Typically, if a call is an, alarm is called in by a resident. That's not considered a false alarm. We want to encourage that if their carbon monoxide alarm is going off or smoke alarm is going off, you want somebody to check it out to make sure that it is in fact not a problem. Where the problem is some of these and I'm going to go out on a limb here, but there's a couple of abandoned buildings that are still required to have monitored alarm systems, and those alarm systems are starting to fail. They go off constantly and the whole point of having this false alarm law is to encourage the property owner to actually have a service to get it so it doesn't keep going off. It could be a faulty a faulty detector. Deputy Mayor Batson: The other huge driver of this, in my experience, it has to do with the update of the call service. I own a business. I've had 3 managers. They're no longer with it. I‟ve not updated the call list. My alarm goes off, the burglar alarm company picks up on that. Calls the first person. There's absolutely no response, that person doesn't work for the company anymore. Second call, no response. Third call, no response. Generally, the protocol at that point there's no response, dispatch the police. All of that is the fault of the business owner who's failed to maintain their contact list. Trustee Pearson: Can we go to false alarm on the next page, please? We're not talking about the alarm system that goes off in your house, right? Then we go down to law enforcement, shall mean Village of Walden Police. Law enforcement shall also include dispatchers, civilian and otherwise, who answer the phones. You mean maybe somebody in an office somewhere? What does that mean? Civilian and/or otherwise, what is that? Manager Revella: 911 or the ones downstairs. Trustee Pearson: Should we just list them in there, too? Manager Revella: Whatever you want. Attorney Donovan: It can't hurt if the board wants to include 911, sure. Trustee Pearson: My last question is who's going to regulate it and what department will it be going through? I think the board needs to make that decision where it's going to go through. I would say if it's going to go to the PD, go out all the time, then why wouldn't it be a PD issue? They can control it. The dispatcher can write down and go through. Manager Revella: They can record it. Trustee Pearson: They know whether it's a false alarm when they go out there or not. Instead of the Building Inspector who's not in the Police Department. If this is basically emergency and that is the police that goes out on fire calls and other calls. Mayor Ramos: This is the collaboration that the Police Department should be having with the Building Department. If there's a multitude of false alarms on a weekend, then obviously Building Department should be notified so that they can inspect the area or inspect the building for the operability of the system. Both of them have to work together. 8 Trustee Pearson: I 100% agree, but who is going to regulate it and do the fining and the monies of it all? How do you collect? And who's going to say there were 10 different? Are you going to work together between the 2 departments? Manager Revella: Yes. I think that‟s the best way. Deputy Mayor Batson: False alarm is a report on here that we have, so hopefully that makes it easy because you could just simply pull repeat offenders on there. Mayor Ramos: First question, who's going to regulate it? Manager Revella: The Police Department will be required to keep statistics on it to send those to the Building Department in order to enforce. Trustee Pearson: Who's gonna write the fines and then bill? Manager Revella: The Building Department. Just as they do now with property maintenance fines, violations. Trustee Pearson: That then goes up to the office, to the Clerk or it goes to the finance person? Manager Revella: Finance to collect them. Trustee Pearson: Is there a letter that's going to be sent out to these people after so many fines or how's that going to work? Manager Revella: I would think so, yes. I would imagine you'd get a letter of their first false alarm saying hey, you got a false alarm, here‟s the regulation. Here‟s rules and what happens next time and the next and the next. Trustee Pearson: Do we have the personnel for that? Manager Revella: Yes. Attorney Donovan: So, I'm clear in law enforcement, we're going to add 911 dispatcher. Deputy Mayor Batson: Yes. Trustee Pearson: I would. Deputy Mayor Batson: Then your final call out, Trustee Pearson, was around the penalties and payments. I like what's here. I don't know that it needs to be staggered in any way. I think we just simply need to add $0 for the first and second. We can discuss that. $250 for the third and if you don't learn your lesson there, I'm sorry, it's $500 each. Trustee Pearson: If you're going to make it a local law, we need to know what we want to do, whether we want 0, 0 and then 2, 3, 5. Trustee Garrison: I like 0, 0. Trustee Pearson: I'm fine with 0, 0. 9 Trustee Taylor: Yeah, if you don‟t get the message, then get the checkbook. Attorney Donovan: You want it back in final form and then you'll have it at the next meeting and then you can schedule public hearing after that. Deputy Mayor Batson: Yeah and then the additional caveat would be that if we could also, this is probably more on John, see a draft of a policy that states that we have something in writing about how we will collect and administrate this. Attorney Donovan: One of the things that I'm going to have to do that's not here is fit this into the code so I haven't done that. That may be a new chapter within our ordinance. I don't know, but it'll fit someplace. Then when the Building Department issues the violation, they would reference whatever it may be. Deputy Mayor Batson: And if we want to get real fancy, you could look at the revenue this will generate included in 2025 budget. 76-80 West Main – Unsafe Building Andrew Concolino: Hope everyone had a happy new year. Back on schedule, I just got the permits today and I plan on starting working tomorrow just to do some prep work and clean up some garbage inside and I‟m on target. I have a contractor coming tomorrow to come look at the project and another one coming on Thursday. Just finalizing some bids and stuff. Trustee Pearson: It‟s not being tore down, it‟s going to be refurbished? Is that what‟s happening? Andrew Concolino: I plan on tearing it down. I have plans getting drawn up to hopefully get approved and rebuilt. Trustee Pearson: What is your time frame, the end of the month? Andrew Concolino: I'm hoping for the end of the month. Unless something catastrophic happens, but I plan on starting to work tomorrow. Mayor Ramos: One question, how are you going to facilitate the demolishing and where are you going to put the dumpsters? Andrew Concolino: That I'm still trying to figure out. I just got some paperwork drawn up to get permission from the neighbors. Just so it's all on paper, but hopefully I could stage the back area with the dumpster and then take the building down by hand. So, we don't have to make a mess or dust or have machines brewing parking lots and stuff. Mayor Ramos: You're well aware of working hours. Building Department has what hours you can be doing that. Andrew Concolino: Yes. Be courteous and kind to all the neighbors. Manager Revella: You have a time frame for your rebuild, yet? Or different contractor? Andrew Concolino: It would be different because it still would have to get Planning Board approval, so I don't know when. Manager Revella: You go before them yet or not yet? 10 Andrew Concolino: No, I've just been to a couple meetings just to sit in and see how it worked. Manager Revella: I saw the one plan was for the two-story. Is that still what you‟re looking for? Andrew Concolino: Yeah, but now it was more of like a rough draft. It's not an actual rendering to scale. But that's my idea. Manager Revella: Board, I just want to know, do you want him at the next meeting? Trustee Garrison: No. Mayor Ramos: No. Trustee Pearson: If we see work in progress, I think we're good. Manager Revella: As long as works in progress, you don't need to come next meeting, so make sure works in progress. Intro to Local Law – Noise Ordinance Attorney Donovan: Last meeting, the board agreed to some changes, suggested additional changes. These are those changes as I was making those, one thing I want to call to your attention is in Section 181-9 variances. The board had asked that the Village Board or manager and as I was doing this, it occurred to me that there doesn't seem to be a metric by which a determination is made whether the various requests goes to the board or the manager. A thought that I had for your consideration is that the request comes to the Village Board and the Village Board then makes a determination whether the variance should be considered by the Village Board or delegate that to the manager. Otherwise, I don't know how that determination is made. I'm open to any other better ideas the board may have. Deputy Mayor Batson: I think I would prefer it to stay with or could be with the Village Manager to have that discretion. I just worry about the time frame, the bureaucracy of the government. If this is something that John can or building team or somebody can deal with in the moment. There's no reason to hold it up and run it through us. Trustee Pearson: I agree with that, but I think that if there is an issue, people are still not happy then have them come before the board. Attorney Donovan: There could be an appeal. Although it would need to be a strict time frame, right? Because the Deputy Mayor is indicating we don't want to hold this up. But if there's an appeal, it's got to be an appeal within a certain number of days, 3 days, 5 days. Trustee Garrison: My concern is if somebody wants to hold an event or something and we don't have a meeting prior to them wanting to do it. It kind of handcuffs the community. Attorney Donovan: Say, Trustee Garrison is having an event. He gets permission, he gets a variance. I don't like it, I file an appeal and next board meeting is after the event. I've just stopped the event, right? Trustee Garrison: I think it's a lose-lose or a win-win depending on how you look at it. Mayor Ramos: Taking out just the Village Board in the event that there's an appeal. What would the writing be? 11 Attorney Donovan: I was thinking out loud that there could be an appeal to the board. But I was also recognizing the concern raised by the Deputy Mayor that that may unduly delay, especially when it was relative to an event. Trustee Pearson: I think there's 2 separate things here. 1 is petitioning for a variance. And 1 is an appeal, because if you go down to the letter E it says appeal. So, the variance, I don't know why we wouldn't let the manager do the variance and then if somebody isn't happy, then it's the appeals on letter E. And that would probably go to the Village Board first, since the manager allowed it to happen above there. Attorney Donovan: Sure. Just think about a time frame you may want to have. Deputy Mayor Batson: At the next meeting. Trustee Pearson: A lot of people might be coming or planning an event anyway. Not like it's gonna be next week. They're planning an event that's going to happen. It's going to be louder than normal and the manager going to say, okay, and then the neighbors find out about it and they say, oh, no, we don't want to do that. Then they would appeal to the board and say, listen, we live in this neighborhood, blah, blah, blah. Why does it have to be that loud? I would just say Village Manager at the beginning, but any appeal would then come before the board, instead of the manager, because here you're giving it first and we would be the one that would ultimately be the decider at the end. Trustee Garrison: I understand. I agree. Attorney Donovan: Originally determined by the Village Manager with a right to appeal to the Village Board by the next meeting? Deputy Mayor Batson: Have the next available meeting. Attorney Donovan: Next available meeting, that gives the ability to have a special meeting. Mayor Ramos: If there is an appeal, shouldn't there be a time frame like once it's discovered, 5 days, because you don't want an appeal to be coming up to us that day of a board meeting. Attorney Donovan: I guess a little bit of the concern is how they find out that the variance has been granted. Trustee Pearson: They're gonna put up signs “we‟re having a party”. We‟re doing this, we're doing that on such and such a date, that's what happened last time. They put on such and such a date there's going to be a party in my yard. Attorney Donovan: So, what's the time frame for the appeal that you'd like? Within 5 days of the termination? Trustee Pearson: We'd have to have a special meeting within 5 days. Attorney Donovan: Actually, I think you'd have a time period within which the appeal would need to be filed, to be heard at the next available Village Board meeting. Trustee Pearson: Then within 5 days is fine and then it would be at the next meeting. Because you usually can have 2 weeks between meetings. Everybody alright with that? 12 Trustee Garrison: Yeah, that sounds good. Deputy Mayor Batson: I'm alright with that, but I would be remiss if I didn't point out that this is a 14 page code that we're reviewing because there was a single complaint and if you look at the police blotters, this comes into play once every 2 weeks. I worry that when I think about scary things of government efficiency, this policy, no offense to everybody who's been involved drafting it, myself included, is not just a bit terrifying. Trustee Taylor: Approval of that variance comes how? Verbally in writing? I don‟t see that in here. We have it in there for the appeal, but not for granting the variance. Manager Revella: I've never done one before in my purview. Attorney Donovan: It would have to be in writing. That's a good point. I‟ll make sure that‟s included. Trustee Pearson: We also had last time that the PD was to have 2 calibrated sound level meters available at all times. That's not written anywhere here. Attorney Donovan: I didn't think that we were going to put that in the code. It was going to be a policy. Trustee Pearson: Put that in a policy for us. Attorney Donovan: John works on the policies, I work on the code. Trustee Taylor: John, we're not defining a specific meter, just that it conforms to ANSI standards. Manager Revella: Exactly. Introductory Local Law – Accessory Structures Attorney Donovan: We've kicked this around a little bit, too. I presented something at the last meeting that Rob and I had talked about, and Rob had some really good suggestions and then if you see this is actually version 4. Rob and I have had additional suggestions on how to handle this. Somebody on the board had a really good idea to limit this to the TH zone. I advised against that, but now I've come back to think that was a good idea. Trustee Pearson: Do you think so? Because I don't think it is. Sorry. Why do you think it is? Attorney Donovan: The reason is actually stated in the purpose and intent of the local law is because the TH zone is a special zone with very small lots. Trustee Pearson: I have a small lot. Attorney Donovan: This would be specific to the TH zone as proposed. It's been kicked back and forth between the Building Department and myself. This has got the imprimatur of approval from the Building Department. But it‟s your law. So, if the board doesn't like it, then you get to deal with whatever you wish to. Manager Revella: Do you know how wide your lot is? 13 Trustee Pearson: 50 including the house. Manager Revella: These are 20 to 22 and it's the house. But we don‟t let them put their garbage cans out. There a lot of regulations that are different. Trustee Pearson: Don't even talk about garbage cans because they should be being the back of people's houses. They are everywhere and it‟s disgusting. Trustee Kyle: I just feel like for the small properties, especially with a shed because they are still expected to mow their lawn and we fine them when they don't and to shovel or snow blow. Trustee Pearson: I'm not disagreeing with this at all. I'm just thinking about why are we limiting it to 1 zone? That's my thought. Trustee Kyle: I feel like everybody would need a shed. You need somewhere to put the things that you have to use. But yeah, I understand what you're saying. You're limiting it to just townhouses instead of just everybody with that property size. Trustee Garrison: I think it's dangerous to limit it to everybody or to give everybody the option for it. It's gonna create a precedence that anybody can do and put a shed or anything they want without going through the proper building permits and making sure it's proper to the zoning that they live in. Trustee Pearson: But why is it okay for 1 zone and not another? Trustee Kyle: Did we specify the size of the shed? So, they can only put a certain size shed. It's not like they can just build a whole other building on the property. Trustee Garrison: It's also not limited to 1 shed, so if I have a large backyard, does that mean I can put 7 10x10 sheds without building permits and you can't do anything about it. Trustee Kyle: We're not talking about every size yard, we're talking about not limiting it to this zone. Trustee Garrison: But if you don't limit it to the zone, that means it's open for anybody, which means by law I could find the loophole and I could put as many 10x10 sheds on my property as I see fit. Trustee Pearson: You can now. This doesn't limit it to 1 shed. It doesn‟t say 1 shed. Attorney Donovan: There's a development coverage limitation. So, you have to be within the development coverage limitation. The size is 100 square feet in the TH zone. That's what the law provides. The set back is 3 feet. It's tailored to this zone if you want it to apply to all zones. That I'm not thinking that you're going to want to limit the size to 100 square feet because if I have an acre, I want to be able to put up a bigger shed. That's why this is specific to TH. Deputy Mayor Batson: Can we just go back to what we were solving for this originally? If it goes into a bigger issue then I think it needs to be a separate issue. We embarked on this specifically to go after the TH zone. If we uncovered a different problem, then I think we need to address it differently, but I don't think that we should tie up moving forward with this, if there's a bigger issue out there, then let's tackle that bigger issue independently. But perhaps we can agree on this to move forward with this. Larger issues we can deal with as a new issue. 14 Trustee Pearson: I do have another thing on letter B, the minimum set back requirement says shall be 3 feet. Is that in the front as well or side or back? Attorney Donovan: You got to look at the whole code because they're not allowed in your front yard. Trustee Pearson: So, should we put not allowed in front yard on this one? Attorney Donovan: No, because that's in C. Trustee Pearson: Got it. And this is all townhouse zones, new old pre-existing, not built yet everything. Trustee Garrison: Just remember that most of those non-completed townhouses and some of the townhouses that are already here have an HOA that don't allow them to have them. Take that into consideration when you think about this. Trustee Pearson: What's the lot size of those? Manager Revella: Some are 20 by, I don't know what the depths are...50. Trustee Pearson: So, I can have 4 sheds lined up against the fence? Manager Revella: If it‟s 100 square feet total, yes. Attorney Donovan: No because there is a development coverage limitation. That‟s already in the code. You have your principal building and then any accessory structures. There is a development coverage in each zone relative to the size. Building Inspector Wallner: To put your mind at ease for townhouse zoning districts, typically the Planning Board puts those restrictions in place. So, we have to depend on them to do their job at that point. Trustee Garrison made a motion to set public hearing for Local Law 1 of 2025 for January 21, 2025 at 6:30pm or soon thereafter – Accessary Structures. Seconded by Trustee Taylor. All ayes. Motion carried. Charter Communications Spectrum Franchise Agreement Manager Revella: Those 2 modifications. Just want to make sure I read that aloud for the full board to make sure that's approved. 8.5 restoration of public ways to village standards and then 14.4 enforcement, that enforces federal, state, and local law. Trustee Pearson made a motion to approve the Spectrum Franchise Agreement with the 2 stipulations as discussed. Seconded by Trustee Taylor. All ayes. Motion carried. Public Comment Attorney Donovan: Just before Mr. Ford reaches the podium, I would indicate to the board that obviously the notice of claim file, we spoke about this in attorney-client last meeting. Mr. Ford gets to state whatever is on his mind. I would ask the board not to engage because there is a notice of claim filed. It‟s been sent to the insurance company. Insurance company at some point in time will 15 appoint counsel and since that's where this proceeding lies, I would ask the board not to engage with Mr. Ford, who has the absolute right to come and speak to you. Mike Ford: I own the property at 56 Walnut St. In March of last year, on Easter morning, it burned down. My mother bought that house as a 3-family home in „94. She passed away in 2013. At that time, I received a mortgage for 3-family home. Unfortunately, the village is telling me I cannot rebuild as a 3-family home. The village has provided documents in response to FOIL that in „94, the Village ZBA confirmed it as a 3-family home. And a letter from David Donovan, which was my mother's attorney in „94 when she bought the house. The Building Inspector confirmed the 3-family status in at least 2 letters that are of public record. The top 4 lines of the „94 ZBA decision expressly found that 3-family home was legal. Since I shouldn't have had all these problems to begin with, which is now costing me to stay in a rental house, which includes heat, rent, electric, etc. and losing income from my 3-family home. Also, unnecessary stress, aggravation, anxiety. This has been going on for almost a year now. After many attempts from my lawyer and myself, neither of us are getting any response from the Village Attorney, Manager, Building Inspector or the Mayor. I‟ve sent emails. My lawyer has sent emails. No response. Most recently, my attorney filed a notice of claim. I have emailed the mayor and still no response. The village is trampling my rights to rebuild my home as it was, 3-family home for I don‟t know how many years. I just want to go back into my home and resume my life as it was. As soon as possible. I've been told that I can't rebuild it as a 3- family house because it's a zone. But in all the documents that I've gotten from the village, my mother's attorney, Dave, that it was a legal 3-family home. This holdup has put my building contractors way behind, costing me money to stay in another place. Now I have to get an attorney because I have no response from the village. It's a 3-family and according to all documents, it's a legal 3-family home. I just want a building permit that says go ahead. That's where I'm at right now and honestly, it's driving me crazy. March it'll be a year. I should be in my house right now with tenants. But this is ridiculous that I'm being held up like this. That's where I'm at right now and you don't have to respond, obviously. I just wanted to state that I just want to get my house rebuilt. Thank you for hearing me and I hope to hear from somebody. Mary Ellen Matise: My topic tonight is the agreement that the town finally signed with the Humane Society of Walden and I sent it to the manager and you can share it with the board members. It‟s not a secret, I was able to FOIL it just like that and I have a big concern about it. It just says dogs. What are we doing about cats? I told a friend of mine, I'm going to get up and say, I really didn't think I was going to have to say this, but we all know cats rule and dogs drool in Walden. Why aren't the cats in this agreement? We have a big problem about cats and I don't know how we're supposed to be dealing with it. I don't know if they've communicated the agreement to you, which they should have because within the first 5 days of the year, they signed it after not having signed an agreement all of last year, which put us in a really bad position. Then I noticed tonight and last night on Facebook, there were residents in the village here having an issue with dogs, and of course it's 10° out, 15° out. It's cold. These people feeling really sorry for these animals, they're letting them in their house. 1 woman called the police and I don't know which police she called. This is part of the issue I want to bring up. Maybe she called the village police. In that case, the village police should tell her to call the town police because the town police have the jurisdiction and they have the 2 pens behind town hall and they're supposed to hold the dog for 7 days until the dog‟s owners are located. That's not our job to do that. That‟s the town's job. It's in the A fund with our 48.4% tax increase. They've set aside over $100,000 to deal with animal control. One and a half staff, benefits, $60,000 for shelter fees and then another $15,000 or so in the town clerk's line for the $25 voucher for spay and neuter. We're paying them for that in A fund. I don't know why it comes down to us, but we should be stepping up to the plate and talking to the town and talking to the town PD and seeing how this is supposed to work because this 1 woman said she called the town PD and they said call the Humane Society. Called the Humane Society, the Humane Society said no, only the police or the animal control officer, which is what's in the 16 agreement, an bring an animal to the shelter. Then they reserved the right to inspect the animal and make sure it's not a vicious dog or an unruly dog. A misbehaving dog. Trustee Kyle: Who makes that determination? Mary Ellen Matise: The Humane Society. It's part of the agreement. John will send you the agreement. And they can only do it during working hours Monday through Friday. This was Saturday night. This woman brought the dog into her house. She had her own dogs, and luckily her neighbor, whose dog it was, saw her Facebook post and came and claimed her dog. But today‟s post, I don't know if there were 2 dogs downstairs. This person called the Police Department and they came and got the 2 dogs that were in her yard. There's no coordination going on here and I think it's to our advantage to make sure that there is. That our PD knows who to call, what to do if they happen to go out because it‟s not July. It's January and it's freezing out and so nobody wants to leave the dogs out there. So, they are responding. The issue about cats, you've got to find out what's going on there. I really don't know if they're not going to take any cats from us or what they're doing or how they're doing it. But be that as it may, it actually got signed this year. I'm going to bring this up and I know you need a letter from our Chairperson, but we are kicking around the idea of requesting a tri-board meeting. A lot of issues going on. We'd really like to sit down with the Planning Board and the Village Board and just hash out some issues. Maybe you want to reach out John and see when we can schedule that. Mr. Mayor, you going to have off on the 20th? Are you coming to the Youth Awards? Martin Luther King Day. Mayor Ramos: The 20th, yeah. Mary Ellen Matise: 1:00 and whoever else can attend. Some of our other elected officials are going somewhere else. Martin Luther King Day, but we'll be here and we have students and they're wonderful. Payment of Audited Bills Deputy Mayor Batson made a motion to approve payment of audited bills. Seconded by Trustee Garrison. All ayes. Motion carried. Miscellaneous Comments from the Board of Trustees Trustee Pearson: The cameras for the PD. Are we up and running? I hear we're not, are we? Manager Revella: They're up and running. Trustee Pearson: I hear that there's issues with it, that we're still waiting for cameras to be working. Manager Revella: Some aren't. Trustee Pearson: How much longer before we get that done? Manager Revella: We can't put them up until NYSEG puts the supply up. They're changing those poles he needed, then put them up. There's not many left. Trustee Pearson: Give me a time frame. Manager Revella: I‟ll have to ask. 17 Trustee Pearson: Please. The Watershed Alliance membership, did we ever apply for that? And did you get that? Manager Revella: Yes. Trustee Pearson: Just a question, I drove by the Ulster Ave Respite Center and are there issues there? Are we okay? Manager Revella: I haven't heard any issues. Trustee Pearson: I know the Zoning Board was a big thing with that and they wanted to have it, not the Zoning Board, but it came about and in the beginning and there was a little few issues that were happening, but we haven't heard anything about that. Manager Revella: Not since then, thankfully. Trustee Pearson: Tin Brook tunnel. Where are we? Manager Revella: Coming along. Trustee Pearson: How much further? When are we getting deep boring holes? When is that happening? Tell me a time frame. I heard by the end of the year. Manager Revella: They're hoping to get the approvals from DEC by then. They haven't come back to us yet. Trustee Taylor: We have Facebook and we all pretty much probably use it. I would encourage us all if we are aware of a function that's taking place in the village that we share that with the rest of the board and not rely on Facebook to put the word out, because often times it's a day late and a dollar short. And it seems to happen on a regular basis. Like I said, a wonderful thing, but it should not take the place of communication amongst us as a board. Trustee Kyle: I know I came late, so I just wanted to find out, for property owners that have business with the Building Department and they‟re going through those issues, can we leave that up to the Building Department to make the decision of whether or not they need to attend board meetings in the future instead of us? I had talked to Rob and then I emailed Rob and he said he didn't know why we were making the building owners come to every meeting. He had them come to the meeting, but he said he was fully capable of taking care of it and he would update the board and that they should only come to meetings if he says that they need to come to a meeting. Like if he's not getting responses from them, but otherwise, he said, the Building Department should be the ones to handle it. That's all I wanted to bring to this meeting. He was saying he doesn't understand why the building owners have to come to every meeting that the Building Department will handle it, and if they feel like the next step has to be taken where they need to have them come in front of the board, then he'll request it. Instead of us dealing with the building owner ourselves. I didn't know if that was something that everyone was okay with, the Building Department handling it unless they come to us and say something that the building owners need to be more involved. I don‟t know what everyone else‟s thoughts on it. Trustee Garrison: If it's a Building Department issue then the Building Department should handle it. That's how I look at. If it needs to go to the board, it'll come to the board. If it‟s something he can handle, he can handle it. I thought that‟s how it was. I didn‟t know any other way. I thought they 18 were coming here because they were told to come here. I know some of them are requested to give us updates. But other than that I thought it was just they were told to come. Trustee Kyle: My next thing is, this had been brought up to me by a resident and I did talk briefly to John Ramos about it. I feel like it kind of just got lost in the mix of things, but there is an issue with Pine Street parking with the school buses and people being able to park on both sides of the road. It's very, very difficult for the school bus drivers to get through there and it's a nightmare and I don't know if there's something we can do about maybe putting signs where we limit parking on one side of the street, in between the hours of 7 to 9 and 2 to 4, something to make it easier for the buses to get through there because it's very difficult and it's not ideal. I wanted to bring that up. I don't know if we could talk more about that. When they come from behind the school, they come up the hill. Then when you cross over Orchard, there's parking on both sides and the buses have a very hard time. I've spoken to a couple bus drivers about it. It's really hard for them to navigate that with parking on both sides of the street and at least during drop off and pick up times for school. If we can maybe limit parking to one side of the road for them to have the room to get through. Trustee Taylor: So, the issue is from bus drivers or the issues from residents? Trustee Kyle: Yes, it's from bus drivers. But 1 bus driver is also a resident. Mayor Ramos: But most of the cars that are parked there are moms and dads coming to pick their kids from school. I sat there a couple times and there's really no easy fix it for that. Trustee Kyle: I will say right off the bat that a huge issue is teachers parking on Orchard St. That's the number 1 issue because I pull up and I see teachers getting out of their car. I know what they look. They park all over Orchard St and they take all the spots away from parents. There's an entire parking lot on the back road for teachers and none of them use it. All park on Orchard. Trustee Garrison: That's a Valley Central School District issue, though. Trustee Kyle: I know, but right now, that's why I'm saying I'm just worried about Pine St with the bus drivers. I don't know what to do about that, so I didn't bring that up, but I'm just putting that as a side note. Trustee Garrison: Yeah. I understand what you're saying. But if there's limited parking for school pick up now for parents picking their kids up and then you take away parking for parents to pick kids up. Trustee Kyle: But we have school buses filled with children. There's bus drivers saying that it's very difficult to navigate that intersection and road and with the cars parked on both sides. I get it that parents need to pick up their children, but those buses are all filled with children. If the bus gets into an accident, all those kids are now held up for how long on the side of the road? It is an issue for sure. Mayor Ramos: 7-9 and 2-4. What would be the time? Manager Revella: Something like that. Like 8:30 to 9:30 and 3:00 to 4:00. Trustee Kyle: Make it as short as possible. Just the times that we know the buses are coming and going and make it parking on one side of the road just to give them that space to navigate. Trustee Pearson: Would it be easier to change the route of the buses? 19 Trustee Kyle: How? I don't know where would they go besides the back of the building? Trustee Pearson: Instead of coming instead of coming up Pine St isn't it easier to go down? Trustee Garrison: Can't. You couldn't come down Pine St because then you can't safely get your kids onto the bus. They open to the wrong side of the street. That‟s a safety issue. Trustee Pearson: Front of the building. Trustee Kyle: That's where all the parents go to pick up, because that's where they release the walkers. Where would the walkers be released? Trustee Garrison: The back. When I went to that school, the buses pulled up to the front of the school. Everybody got out the front of the school. Manager Revella: You have kids going on buses and not going on buses that shouldn't. That's why they separated. Mayor Ramos: I think the cure all is to clear out the front of the school for the parents. Trustee Kyle: That would be ideal, but I don't know how you enforce that rule because I'm telling you all the teachers take up all the spots on Orchard. Trustee Garrison: The only way to enforce that would be go to Valley Central and complain at their board meeting. Trustee Kyle: And that's a very hopeful thing. That doesn't even guarantee a solution. I see it all the time, every single time I pull up, I see a teacher getting out of their car and walking in the building. Trustee Pearson: School Board meeting, Monday night is going to be talking more about Walden Elementary School, so if anybody's interested. Monday night, the 13th. I didn‟t look to see where it was going to be, yet. Trustee Garrison: Shout out to DPW. Noticed them trampling through the snow when we had a little bit of the snow and stuff, and I noticed them out and about, still doing everything out there in the cold. Shout out to the Police Department. Lots of people noticing them out and about more, and I see them out and about more and that's refreshing. It's good to know that we're fully staffed now. Other than that, I hope everybody had a wonderful new year and everybody stays happy and healthy for 2025. Deputy Mayor Batson: Last time we approved the kitchen for the Anita Vandermark. Are we moving forward? Contractor started on that? Work started? Manager Revella: No, they ordered the materials. Deputy Mayor Batson: Okay, a plan is in place to move forward. Perfect. At the last meeting also there was a doctor here who talked about that they were after a ZBA variance. Did anybody hear back from that? I expected him to come back tonight. 20 Attorney Donovan: Let's have that in attorney/client as well, just so the board knows I did have a conversation with his attorney. Deputy Mayor Batson: For the general public out there, it is Trustee, Mayor election season. So, please be kind as you may get some knocks on your doors. Also, just want to encourage the people out there listening, I think that this group of people up here although can't officially speak for any of them, do believe in transparency. So, if you've got some questions or some challenges or issues, don't let the Walden rumor mill run. Just please engage us directly and we'll do our best to address those. And the last thing, hopefully, I think we're going to talk a little bit about this in exec is the bank req piece. I think that the Treasurer has put together a 2-part plan on the bank req piece. I would kind of like to formally apologize to Trustee Pearson, who has brought this up numerous times and I don't think that we gave it the credit or diligence that it deserved. Lesson learned that we should listen a little more. Also, for the public's concern, I know, and again, I know we're going to go into exec on this, I know that it sounds a little scary that our bank pieces aren't reconciled, but we do have 32 separate bank accounts. And it's not that they are wildly out of, I don't know the exact number. I'm not going to put out there, but I will say that it is less than 5% of our operating budget that is out of line, with a plan to get it in place. Again, we're taking that matter seriously. We have every intention of making sure they get reconciled as quickly as they can, but I know that several of us have gotten some questions about that. Mayor Ramos: If everyone can keep in their prayers, the Baxter family. Patty Coakley passing just recently. She was a good woman. Prayers for the families. Secondly, Mr. Horan is in the hospital. He's been there for a week and 1/2. He's doing good. He wants out of that institution and food‟s not great. He'll be in rehabilitation right next door at Garnet. I think he should be there today and keep him in our prayers too. Leadership awards, Thursday, 6:30pm in this room. Please feel free to come out and support the DMV van will be returning on Monday the 13th. 10am to 12pm closed for lunch from 12 to 1 and open again from 1 to 3:30 PM at Wooster Grove. It's a pretty great thing that the county has done for us. Executive Session – Employment History of a Particular Person, CSEA PBA Negotiations, Attorney/Client Session Trustee Pearson made a motion to enter into executive session to discuss employment history of a particular person, CSEA, PBA negotiations, Attorney/Client session to discuss RBT and Mike Ford. Seconded by Trustee Garrison. All ayes. Motion carried. Reconvene Trustee Garrison made a motion to reconvene the regular meeting of the Board of Trustees. Seconded by Deputy Mayor Batson. All ayes. Motion carried. ADJOURNED 21  Village of Walden Board of Trustees Regular Meeting January 7, 2025 Motions & Resolutions Public Hearing – Spectrum Franchise Agreement Deputy Mayor Batson made a motion to open public hearing for Spectrum Franchise Agreement. Seconded by Trustee Garrison. All ayes. Motion carried. Deputy Mayor Batson made a motion to close public hearing for Spectrum Franchise Agreement. Seconded by Trustee Taylor. All ayes. Motion carried. Trustee Pearson made a motion to approve the Spectrum Franchise Agreement with the 2 stipulations as discussed. Seconded by Trustee Taylor. All ayes. Motion carried. Introductory Local Law – Accessory Structures Trustee Garrison made a motion to set public hearing for Local Law 1 of 2025 for January 21, 2025 at 6:30pm or soon thereafter – Accessary Structures. Seconded by Trustee Taylor. All ayes. Motion carried. Payment of Audited Bills Deputy Mayor Batson made a motion to approve payment of audited bills. Seconded by Trustee Garrison. All ayes. Motion carried. Executive Session – Employment History of a Particular Person, CSEA PBA Negotiations, Attorney/Client Session Trustee Pearson made a motion to enter into executive session to discuss employment history of a particular person, CSEA, PBA negotiations, Attorney/Client session to discuss RBT and Mike Ford. Seconded by Trustee Garrison. All ayes. Motion carried. Reconvene Trustee Garrison made a motion to reconvene the regular meeting of the Board of Trustees. Seconded by Deputy Mayor Batson. All ayes. Motion carried. 22