Board of Trustees

Village of Walden Board of Trustees Regular Meeting February 18, 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 Bill Taylor Ralph Garrison, Jr Kristie Hall Liz Kyle Absent: Also Present: John Revella, Village Manager Marisa Kraus, Village Clerk Dave Donovan, Village Attorney Public Hearing – Local Law 2 of 2025 – False Alarms Trustee Pearson made a motion to open public hearing for Local Law 2 of 2025 – False Alarms. Seconded by Trustee Garrison. All ayes. Motion carried. Michelle Bray: I would like more clarification about the alarms. What constitutes a false alarm? When I was going back through your minutes, things like life alerts are not part of this scenario. Then my other question is if someone is renting and has their own alarm system. Why is the property owner liable for the fines while it's independently being used by a renter? Maybe statistically you don't realize there are 1700 single families, 63% of those families are owner/occupied. Rest are rentals. You have 137 parcels are 2 families. 25 parcels are 3 families. 41 parcels are apartments that consist of 4 units and above. The majority of the units, not including the commercial units, are going to be leased. So again, we have no control as a landlord of what the tenant has in their units, so why are we responsible if they have faulty units that are being a hinder to the Police Department? Trustee Pearson: I would just like to say that I don't think it's much different than shoveling snow and sidewalk removal. I get where you're coming from, but I understand that. Michelle Bray: That's something outside of the unit. Trustee Pearson: If you're the landlord, maybe you can then just say, listen, if this happens, you're to be billed. Michelle Bray: But then you're putting the legalities back on the landlord, while you guys know who is setting off these alarms. If you're constantly going to the same person's house, you have a record of that. Then you should be issuing that person individually that fine. 1 Attorney Donovan: This is time for public comment. Take the comment and then do the discussion. You can decide whether you want to extend the public hearing or not. This is a good time to just take public comment. George Brown: This is just a copy of your proposed law. On page 4 you’ll see in red something I proposed as an addition to the law. I didn’t touch anything else. I’m Assistant Chief at the Walden Fire Department here on behalf of the Chiefs Office. We have reviewed the law that is proposed. We were the ones that went to Rob at the Building Department asking for something to be put in place because we have had in the past issues with certain properties. After looking at the law that you proposed, it's in our view that the law is too broad and I think in adding the wording of something similar that I have handed you, it will be able to narrow down what constitutes a violation of the law and what would be an exception to the law, because we don't want to discourage people from having alarms. We want the alarms to be in place, work properly and not punishing them for burning their food. As I know that happens. After reviewing laws from other localities, this is something that we put together just for your review and consideration. Mary Ellen Matise: When you had the discussion on this you talked about personal safety devices. I don't see that in here. Attorney Donovan: Not that I just said that question/answer, but I think that the general feeling of the board, I should point out, this is why we have public hearings. People can make comments such as these. I think the feeling of the board, if it's personal device it’s still a false alarm. If that's different, it gets to be different. That's why my take-away was from the last meeting, whether it's personal device or not a personal device, if it's a life alert, not a life alert, a false alarm is a false alarm and you get 2 bites at the apple for free. But that’s not to say, it's your local law. You get to say, you know what? Heard the public and I don’t like the way that sound’s or I thought about it again and think it should be changed. Mary Ellen Matise: The impression I got was that the board was exempting them. I don’t know why it’s not in here. There are 2 different types. My mother had one that she had to push. If somebody is 90 years old, did she even know how to push it? I have no idea. I don't think so. She never had to use it, but that’s what it’s there for, to alert people and it is tied into the telephone system and it does come to the PD. There's another type, too, that people have. Maybe their family is not in the area or feels the person needs it and if they even stumble or fall, it goes off automatically. There's 2 different types of personal protection devices and I think you really need to look at that. We have people who need it and is that really a false alarm? Michelle Bray: Based on the minutes I was reading from the past meeting, the life alert, I thought was going to be not part of this because again, it goes back to that could be a tenant, that's their own personal service. Which has happened in the past, they set it off by accident and they come to the house and now you're going to fine me, the owner of the property for something that's completely out of my control. I can't tell a tenant that they can't have life alert. That would be completely wrong. Trustee Garrison: Actually, in the law, in the definitions it does clearly state here, it says “alarm system shall not include any personal alarm device or any vehicle alarm device unless the vehicle is permanently located at a site where the device or devices constitute the alarm system are intended to summon emergency services”. It is in here that personal alarms like life alerts are exempt. Attorney Donovan: So, there's been some suggestive modifications from the Fire Department. If the board is interested in incorporating those, rule generally is if it’s a modest change or insubstantial change, it’s a comma instead of a semi colon. No need for a public hearing. In my 2 view, if it's a close call you have another public hearing. If you want to make these changes then we would readvertise for another public hearing with this local law. If you want to just think about it, then my suggestion is just not close the public hearing, you adjourn to next meeting and then you can decide. Trustee Pearson: I would table it if you wanted to, but I'd like to talk about some of the things tonight that were brought up. We might as well talk about it. That’s my feeling. We need to table to the next meeting and then finalize it, we may have to have a public hearing, maybe. I'm not sure, it depends on how much changes. Trustee Taylor: The additions that have been presented, I think are worthy of further discussion and I think they should be part of the law before we go forward. Those additions, Dave, if you think that's going to require another public hearing, I think we should table it and make sure we all understand what these new additions are here. Trustee Kyle: I’m going to agree with Trustee Taylor. I think the addition is definitely worthy of being in there. Table until next meeting. Trustee Hall: I agree with everything they said. Trustee Garrison: I think these are important to be included. Tabling it and needing to make changes and having another public hearing, is a great idea. At least gives us time to talk. Deputy Mayor Batson: I agree with everyone, as well. Attorney Donovan: Just so I'm clear, you have time to review this, so you authorize me to redraft and send it. Just got to continue the public hearing to the March meeting for another discussion to make a determination. Trustee Pearson: John, you were going to talk to the Police Department about what they thought needed to be in and I haven't seen anything from them. Do you want to reach out to them again? Manager Revella: They didn't give me any comments back. They didn't give any negative or positive feedback. I'm going to get them the new copy. Trustee Pearson made a motion to table the public hearing for Local Law 2 of 2025 – False Alarms to Tuesday, March 4, 2025. Seconded by Trustee Taylor. All ayes. Motion carried. Village Manager’s Report I just make sure the board has seen the notice for the liquor license application for the Union House for the new owner. It’s required by law. There's no action needed unless there’s an objection. If there is an objection, please let us know so we can respond.  Been going over programming with the Rec Department  Agenda stuff with the Clerk  Attorney, PBA as well as personnel matter  DPW Super, went over salt storage. Salt is pretty scarce throughout the area right now  Met with Civil Service to make sure the employment is alright and our positions are correct  Went over vouchers and payroll with the Finance Department. Met with IT to go over some computer needs  Went over some duties and delegation of duties with the new Police Chief  Went over the status of the budget and evaluations and inventory with all the Department Heads 3   Had Music in Grove Committee meeting, set up schedule for the year  Harvest Fest meeting went well. Will be a good event again, couple new things planned and it will be in the square again  Had conference with Orange Bank & Trust regarding servicing, investment and bonding  Workers Comp, couple current claims, been following up with those. Clerk’s been following up as well  Attended the NYS Conference in the city this past weekend. Went over some things with the county reps  Rec & Parks, basketball program has 132 participants. That’s going well. We have a plan of action for the summer camp, it’s attached to the Park’s Department report  Building Department issued 56 new permits, 56 violations, 24 properties had their snow removed by the village, 3 stop work orders, 1 CO report, 5 fire & safety inspections and updates on property maintenance projects. 76-80 West Main, no progress. 35 North Montgomery is gone  Clerk, 207c, updating Facebook/website, FOILs, went over the petitions and election materials, went to the conference at the county, as well as the Deputy Clerk, filing Bingo and working on minutes  Finance Department, normal items, payroll, audit, meetings with RBT, reconciliations, budget prep, bond renewal and journal entries  DPW, going over the vehicle list, pressing sludge, responding to complaints. Water Department did 8 mark-outs, replaced 15 meters, 2 endpoints, 1 closing. Did have to salt and plow a few times, it’s been taxing on them. Also had a water main break the other night, assisting people with frozen pipes, catch basins, flushing and jetting sewer  PD, the walk out for Chief Herlihy is the 23rd at 5pm in the square. The other chief is transitioning well and their official swearing in will be at our next board meeting here. They did respond to 298 blotters, 7 arrests, 63 traffic stops with 31 summonses issued, 5mvas and 26 parking tickets Trustee Taylor: When you say salt is scarce, are you saying geographically or within the confines of the village? Manager Revella: Geographically throughout the whole Hudson Valley. Trustee Taylor: RBT, can you enlighten us a little bit? Manager Revella: They’ve been coming in pretty regularly to go through bank recs and getting things caught up to make sure systems are up to par and prepare for the audit for the 23-24 audits. She was here again on Friday, they got a lot done and she'll be here again this week. Trustee Taylor: Got an end date on that, where you think we're headed? Manager Revella: It's not going to be for a little while, but we're getting updates on that funding limit as well. When we get close, we’ll bring it up. I'm anticipating next meeting discussing it again. Trustee Pearson: Summer camp. They're talking about changing the age group. It says, I'm not sure if it’s a typo, I'm not sure the number of affected kids would be, 14 last year program, 3 from 14 year olds and 11 from 13 year olds. He’s only going to 13 year olds. Manager Revella: 13 year olds from last year will be 14, so it'll affect those. That’s how many 13 years olds were last year. He's talking about f the people from last year, 13/14 come this year, they'd be the 14/15 year olds that would be left out. 4 Trustee Pearson: So, those would all be gone. Is there a way to a number for budget to get the cost of that program? I’m just wondering what the actual cost was from last year's program. How much we spent on t-shirts and events and all of that. Manager Revella: I have a report on it. Pretty sure I gave it to you at the end of summer last year. I’ll resend it. Trustee Hall: What came about with 60 Main St? Building Inspector Wallner: 60 Main Street is done. Trustee Hall: Is 76-80 still having issues? Manager Revella: They didn't do any updates. Trustee Hall: I saw a machine in the back. That’s not for them? Building Inspector Wallner: That’s Lulash’s. Trustee Hall: I was kind of hoping that maybe they came to some kind of agreement. Building Inspector Wallner: I’ve had no communication from them whatsoever. Trustee Pearson: 60 is done meaning, they paid their bill? Manager Revella: No, the work is done. Deputy Mayor Batson: Question about the stop work orders. I see in the report that there were 3 issued, but when I go to the violations page, it looks like there were 4, maybe 5 building without a permit. Why weren't they issued to stop work order? Building Inspector Wallner: There were a couple of issues that were identified long after the fact. There's really no point in issuing a stop order when no work in progress. Deputy Mayor Batson: Just a follow up from previous comments, although not necessarily in your note section, but we did have an e-mail talking about a letter around the MTA tax and I saw a response to that. Manager Revella: From Senator Skoufis. I wasn't sure if the board wanted to talk about later or not, but if you prefer a resolution or letter. That's kind of what the question was from some of the members. Deputy Mayor Batson: Do we know what we want to do? Trustee Pearson: The resolution is a little stronger than a letter. Deputy Mayor Batson: Do we agree to that now or add to the agenda? All: Agreed. 5 Attorney Donovan: Based upon what I'm hearing from the board, you want me to prepare a resolution for the March meeting, as you would adopt, proposing the egregious robbery of downstate to upstate. Not to editorialize, but something along those lines. Deputy Mayor Batson: Yes. That is what we would like. Manager Revella: Also, want make sure everyone signed the letter for the School Board as well. Mayor Ramos: How much salt have we used? Manager Revella: I don't know exactly, over 1000 ton. I'm not sure exactly. He has exact numbers down there. Approval of Minutes – February 4, 2025 Trustee Hall made a motion to approve the February 4, 2025 minutes. Seconded by Trustee Taylor. 6 ayes. 1 abstention (Trustee Kyle). Motion carried. Public Comment Michelle Bray: Just wanted to see what the status is of the Police Department. Are they at maximum employees? Manager Revella: All positions are filled. There is an officer not working because of an injury. Michelle Bray: My question is, where are we with the speeding? I know it's everywhere, but living on South Montgomery, it’s a county route coming in. I walk my dogs around and especially commercial vehicles are using these secondary roadways in and they won't stop until they're all way down at the one turn. I would like to know, are they going to start stepping up with the speeding and then number 2, I've seen other municipalities, they have solar speedlights that are hooked up to the signs and is that something you can look into to? Mayor Ramos: The Police Department has been seated at the Firehouse of station 2. Real frequently to adjust the speed on Rt 52 and they have been positioning themselves at stop signs to avoid those rolling California stops. Manager Revella: They have stepped up patrols. If you listen to my report, you’ll hear they’ve been issuing a lot of tickets. Michelle Bray: Again, especially with the FedEx trucks and the 18 wheelers. Sometimes they're so fast and heavy, my house literally shakes. When you get into certain parts of South Montgomery, it's very close and condensed and the houses are right up along the roadway. It just takes a second for someone to be going through someone’s house. Deputy Mayor Batson: This new report says they had 63 traffic stops in the last 2 weeks. I think that is a record number. I got literally double compared to where we were a year ago. Michelle Bray: It’s everywhere, I’m not pointing fingers. Before COVID, I could walk my dogs all the way out to the town barn and wouldn't even think twice about it. Now, I have issues going up to the next street. My other question is to Mr. Revella. Along South Montgomery St., we had gone back and forth about the sidewalk filling up with water. It's a bus stop, I've said in the past, I said at the points when the winter gets bad, it's going to turn into a big sheet of ice, and sure enough. It's not the property owner. You've gone back and forth with the county because the county owns the road. You own the sidewalks. 6 Manager Revella: We don't own the sidewalks. It's the property owner that is responsible to maintain the sidewalk. Michelle Bray: It's the way that they're so old and they're sitting so low. I don't feel as a property owner that you have defunct sidewalk there. Manager Revella: That's a question for the county. We’ve been trying to follow up. I'm sure they’re not going to do anything until spring. Michelle Bray: It's been a couple years now and they just chop away a little bit to make the drainage slow. But now we're in a winter situation where, again, it's a bus stop. Across the street there was a railing, so you can't go back and then you have people speeding on the roadway and the kids are walking on the road because you have a whole front of the house that’s full of ice. Deputy Mayor Batson: What was the address there? *Discussion about location description* Michelle Bray: It's on that corner of South Montgomery St. and South St. Mary Ellen Matise: This is on the agenda, 121 Ulster Ave. This is a section of village code about trees, bushes encroaching the sidewalk and also the street. It's interesting that this is the first time I'm seeing this, filed registered complaint about this on other streets and maybe this will then be more evenly enforced throughout the village. Especially with the parking situations that we have. If you're impeding people from parking on the street, you're cutting back on residential parking. That’s a big problem. Keith Lewis: Regarding 52 Walker St. I just want tell you, I respectfully oppose the request to formally revoke the Village of Walden's interest in the property known as 52 Walker St. During the public hearing of the Zoning Board of Appeals, I've never seen the neighborhood come out in in support of opposing the variance and therefore I just urge the village to carefully consider the historical, legal and public implications of the case before taking any action regarding the status of that plan. Sgt. Montanaro: I'm here on behalf of myself and my father. I just would like to extend an enormous thank you to the kindness and generosity that the board and the village extended my family during this extremely stressful time. A lot of people and the public knew my dad. The support was not unnoticed and I just wanted to say thank you. Additionally, Mr. Bliss, who's not here tonight, I want to thank him, Chief Herlihy, former Chief Holmes, incoming Chief D’Elicio, Manager Revella and Mayor Ramos, certainly went above and beyond during the service. Who was there virtually from the beginning and Mayor Ramos was the last one to walk out. Your kindness is unreal and that's something that I'll never forget. Just wanted to say thank you. Community Council Request- Train Station Trustee Hall made a motion to accept the donation of time and materials from the Walden Community Council for updates to the Wooster Train Station. Seconded by Trustee Garrison. 6 ayes. 1 abstention (Trustee Pearson). Motion carried. Local Law 2 of 2025 – False Alarms Deputy Mayor Batson: I think that it's an interesting call out to not hold the landlord responsible for that. It never occurred to me. I'm not sure that in my sense of fairness, that is right. I do agree. I 7 worry about increasing the complexity of a code and to whom we have to track down but I know what's proposed here, it constantly references the real property owner and I just wonder if it shouldn't say resident. I don’t know. Attorney Donovan: All I would point out to the board, it is a point well taken, it is an enormously difficult task for the Village Building Department to maintain a current list of occupants and rentals. It is a much easier task to find out who owns a property. From an enforcement point of view, I would recommend to keep it as the property owner and the property owner that has recourse against the tenant. It's not saying that the point isn’t well taken, I should say, Chris, I'm a lawyer, I have nothing to do with what’s being fair. From the point of view of the village, to find the person to hold accountable, it's much easier as the property owner. I would just point that. Trustee Pearson: The registries for multi-families, it’s not for 2-families. Correct? Manager Revella: All are registered. Trustee Pearson: I thought the 1 or 2 families were not. Manager Revella: There are some that we don't charge for, but all are registered. Trustee Kyle: I thought it was a good point about the snow removal. We hold the property owner responsible. How else would you do it? Manager Revella: We hold the property in response to remediate the property for everything else so, why wouldn't you also be responsible for that condition? All conditions are their responsibility. If their tenant is an issue, that's between them to take care of the tenant. Their lease should cover that, those terms and conditions. Say their tenant caused a fire, renter’s insurance. Or their tenant broke a window, they’re going to pay for it? Same thing, this is a fine because of the tenant. The landlord should go after the tenant. That's not our fault that their tenants failed to obey a law. Deputy Mayor Batson: And that is consistent throughout our code. We have none or very few codes in which it is geared towards the tenant. They're almost all universally applied to the owner. Manager Revella: Yes. Deputy Mayor Batson: Well, that changes my opinion, reluctantly. Trustee Pearson: About the Fire Department part of it. It shall be a violation if false alarm is triggered as a result of mechanical failure, not functioning properly. They're saying that is still a cause for a fine. *read the Fire Department’s additions* Like it's you’re being harmed or something. Manager Revella: For example… say I thought there was a fire. I smelled smoke in the wall. I don’t want the tenant not to call. Trustee Pearson: Yes, but then who determines that? Manager Revella: The emergency responder would determine if it’s a false alarm. Deputy Mayor Batson: What are the next steps to convert what's listed from the Fire Department? 8 Attorney Donovan: I think the thought was you wanted to think about it, discuss it next time and if I incorporated those changes, schedule a public hearing. Deputy Mayor Batson: This is homework for us but if we wanted to discuss this, wouldn't we need a meeting to discuss it and then a public hearing? Attorney Donovan: The way this is going is that at the next meeting, the public hearing is still open for people that want to make comment. Then you will discuss whether you want to incorporate these changes or some version thereof. If that’s okay. Trustee Pearson: I also think that I know this is a definition, but shouldn’t we put that piece for personal things in the body of the law instead of just in the definitions. Or you think that the definition of a good enough? Trustee Hall: It's in the definition. Trustee Garrison: It’s very clear, there's really not any way to misinterpret. Deputy Mayor Batson: This maybe not a question for us, more so a question for Kristie, there are plenty of stats in here that show the police response to this. Are there any stats that the Fire Department could provide, like what is the breakdown of the application of this code, the police versus the fire? What I generally look at this code, I look at it through the lens, which I'm professionally familiar, which is burglar alarms and things like that, that are out of date. But it seems to me the majority of discussion around this is more so from fire and safety. If you look at the police thing, I think it's pretty compelling that there's a problem from a burglar alarm standpoint. Is there ample numbers to back this up from fire standpoint? Is there any way the Fire Department can provide us with those numbers? Trustee Hall: I'm sure that they could. Honestly, it would have to come from the chief. I'd hate to step out. Deputy Mayor Batson: No, that's fine. Trustee Hall: I'm sure that there's a report that they're able to provide if needed. Trustee Pearson: I think some of those false alarms go to the same places all the time. Trustee Hall: Some people may look at a false alarm differently, that's why it's good to have it in here. If your food is burnt, it's kind of hard to say, that's a good intent. Foods burn, I do it all the time. Deputy Mayor Batson: But the revenue that we would generate from this goes to the village. We don’t share with the Fire Department. Manager Revella: Separate tax entities. Deputy Mayor Batson: The Fire Department asked us to create this, but we're going to get the and this is not about money. It's about doing the right thing. Manager Revella: It came from the Building Department, not the Fire Department. 9 Introductory Local Law – Noise Ordinance Attorney Donovan: When last we were here, there was some modifications. What I did was accepted the prior modifications in this version. You only see the most recent changes all of which are in section 181-9 variances. They're fairly minor. Made sure I had the days and calendar days. We took out the certified mailing, made it regular first class. Did the feet to match up with our Zoning/Planning requirement. If the board is okay with this, then authorize the public hearing. When I say okay, doesn't mean you're okay with everything that's in here, but you're okay with having public hearing about it. If you want to have more discussion, you get to have more discussion. Trustee Pearson made a motion to schedule public hearing for Introductory Local Law – Noise Ordinance on March 4, 2025 at 6:30pm or soon thereafter. Seconded by Trustee Taylor. All ayes. Motion carried. 52 Walker St Request Trustee Pearson: If you sell it, the first part of it, then the piece in the back is landlocked, so what good is it to anybody unless you’re going to make 1 piece of property, 1 landowner, you might be more successful. Ray Lustig: Again, maybe the people that live off Center Street or Walker Street will change their minds. Maybe the person that would put a house on Third Street, would want it and I'd give it to them, basically. Trustee Garrison: I want to let the public know, I have to abstain myself from anything that has to do with this because I have a working relationship with Mr. Lustig through my company, so I will not be discussing it or taking part in anything that has to do with 52 Walker Street. Attorney Donovan: That being the case, you have to leave the dais, if you have a conflict. I don't know what direction the board wants to take. There was a reference to Mr. Dickover’s letter of January 17, 2024. I provided that to the board. But just 2 things that I would point out to you. 1, the conclusion of my former partner, now retired, as ZBA Council was that this is not a building lot. Number 2, what’s very important is if the village board decides they're going to relinquish and revoke or give up their right to open it up as a street, that's not the end of the story. Anyone who owns property that abuts this paper street has acquired certain legal rights to that street. I don't know how you feel about taking any action before those issues are resolved because I am told there's at least 1 person who uses this property to access some accessory building. I've just been told that those rights survive. I can tell you, Mr. Lustig, I think 3 attorneys involved, 1 attorney who did speak to and I'm not here to certainly to give Mr. Lustig legal advice, but there's a mechanism in the law that actually required title. I had a general discussion with 1 of his attorneys about that, which would allow anybody that potentially has an interest in the property to come forward, if that action is commenced and the Court adjudicates if they have an interest or not. Certainly, I would feel better as your legal counsel, advise you to relinquish any interest that you may have once there's a court adjudication that no one else has an interest in it. Or has, put it better, they relinquish that interest to it because people who abut that do have interest. The law is quite clear on that for what's called a paper street, which this is. Trustee Pearson: Do we know how many people abut that property? Attorney Donovan: I don't. 10 Deputy Mayor Batson: Can you explain in real layman's terms, why the second part of that would interest us if we give up our legal interest in this, but other people have a legal interest in it, isn't that between them and Mr. Lustig? Attorney Donovan: You could look at it that way. You could look at it as it's a village resident, so you may not want to take any action. My role is just to explain to you all the different things that could happen. So, you may not want to take any action that's potentially adverse to another village resident. You may, say I considered all the facts and you know what? Guess what? It's a 1904 subdivision. It's never going to be a village street, so we're going to relinquish our right to that and the private property owners can fight that, for lack of a better phrase. I just want to make sure you're aware that that's an issue. Trustee Pearson: If the village did something like that, then the property owners would take other people to court that own the property? But there's not a clear title. Attorney Donovan: So, he could bring action to quiet title. Which say all you people that have property that abuts this paper street, come and be heard. Tell the board what interests you may have in the property. And if no one comes forward, the court will issue an adjudication. You could *inaudible* that or not. He could decide to do that or not. My only point in bringing this up to you is people who own property that abut that paper street have a right. Trustee Pearson: I see maybe 4. Trustee Taylor: Dave, what I'm understanding is there are several issues here that in your legal opinion or your advice, should be addressed. Attorney Donovan: My suggestion, Bill, is that you do play them all out. So, you guys make the decision that you believe is in the best interest of the village, knowing all the facts and just making sure you do your due diligence, that's all. Trustee Taylor: At this point, we don't know all issues. Attorney Donovan: I think the issue is, is these folks that own property that abuts have rights in that paper street. Legally, there’s no doubt about that. Deputy Mayor Batson: Have a right to what? Attorney Donovan: If someone crossed that street to get someplace else, they have a right to continue to do that. Deputy Mayor Batson: It’s a piece of property that’s owned by someone though, that other people use, is that correct? Attorney Donovan: That's correct. Certainly, Mr. Lustig isn’t making it up. I think you all know it's happened other places. There are these out parcels, where someone gets in the chain of title because no one really owns it, it's offered for dedication from 100 years ago, so you do a deed to yourself. So, you get into chain of title. They let it season for a little bit, 10/15/20 years later then. They have been paying taxes for 20 years, should build that house here. Rob's predecessor said hey, listen, I think you can do that. It went to the ZBA. The ZBA didn't issue a decision, but certainly my partner said this is not good. 11 Trustee Taylor: For me, what I'm hearing is that there's some due diligence that needs to be done prior to anything from this board. Attorney Donovan: I think you should and carefully consider what you're going to do before you do it. Deputy Mayor Batson: Is the due diligence, though, simply to hear from other people? What would be our interest in this? It's a lot from 1904. It's 120 years old that nothing has happened with. Trustee Taylor: I'm not saying that we do have a vested interest. What I'm saying is, I don't think I've heard enough that I can render my opinion on this until such time as these things play out. Deputy Mayor Batson: That’s fair. So, the next step for you would then to be asked all other property owners, to be fair, that has played out in the Zoning Board, right? Simply asking them to replicate those conversations here. Trustee Taylor: I don't know. Deputy Mayor Batson: It's been on the agenda multiple times and there’s 1 person here. If they have such a strong opinion about it... Keith Lewis: I disagree. Deputy Mayor Batson: Fair enough. We’re missing the context of what happened in the Zoning Board. We weren’t there, so all we have is you. Keith Lewis: I apologize for that. There was 1 public hearing held advertised for the variance that got pushed back, pushed back, pushed back several months, to where everyone's like, what's going on? A lot of all this stuff is just rumor. I heard this, I heard that. I just happened to watch this last week on Facebook and said, oh ****, this has to do with us. Again, like I said in my comment. I've never seen a neighborhood come together in opposition of something. If you all been up to Walker Street, he said it's built out and built up. It's really tight. Now, again, if you relinquish this land, he's going to go before the Board of Appeals again and try and get that 2-foot variance, which again safety, traffic. There's numerous things and I don’t know if there's minutes from the Board of appeals. Or you can do your due diligence and get a public hearing or a motion and then put that out to the to the neighbors that do come out to speak to it. There's quite a bit of opinion. Deputy Mayor Batson: But why? That’s the context that I'm just not understanding. Does it impede the other people's ability to get to their home? I'm just missing the context from the village perspective. Keith Lewis: It's very tiny. And to throw another building into that lot. Whether it’s a building lot or not a building lot, that's way above retired cops pay grade for me. It's tight up there and that's the main point. Deputy Mayor Batson: The other residents simply just don't want another home there because it doesn't fit aesthetically, it deteriorates their perceived value neighborhood? Keith Lewis: Yes, there's issues that vary much differently issues and opinions. Deputy Mayor Batson: But they're all subjective. The only legal thing is that there's a battle against the variance. Other than that it's just, I don't want this. 12 Keith Lewis: There is a difference of opinions of zoning variances and on top of other things as well. Trustee Pearson: What house are you in? Keith Lewis: I'm 46. I'm the abutment that I guess apparently have interest. I’m the new blue house. *Brief discussion between Mr. Lustig and Mr. Lewis* Mayor Ramos: There are a few variables that we have to discuss and continue this issue for another meeting. Deputy Mayor Batson: Can I just understand what our deliverables for this are? We have materials in front of us, I understand we need time to think about it or perhaps discuss it in private. What specifically are our next steps on this? Trustee Hall: Do you want to drive up there and take a look at this? Deputy Mayor Batson: I would love to do it. Trustee Pearson: Might want to read the Zoning Board minutes as well. Manager Revella: They’re available. Its up to you as to whether or not you're going to revoke your rights to the vote or not. Attorney Donovan: I just want to make sure whatever decision you ultimately make, you're fully informed. Trustee Pearson: This is legal ownership of this property. Not us. Attorney Donovan: No, you don't own it. Well, but as far as the village is concerned, that becomes a whole other issue. Which is an issue, but it's not the village’s issue. Your issue is whether or not you revoke your interest in it as being offered as a village street. I think also, just to understand that if you do, do that, that has potential ramifications to other village residents who own property that abuts this paper street. 121 Ulster Ave – Unsafe Building Code Enforcement Officer Roosa: Sent multiple violations. Gotten no response. This is our next step to you all to make a decision. Attorney Donovan: Just for the boards, I had a conversation with Rob before the meeting. It shows on the agenda as unsafe building, Chapter 109 in your code. There's a certain procedure, and there's a definition of unsafe building and I think based my conversation with Rob, this is actually a property maintenance issue. It's just a different process, but ultimately, it's to find out that there's a problem. If the board decides to move forward, we have to give them notice, you would have a hearing here and then you issue an order. Sometimes you give them time to make remedial efforts to bring the property into compliance, the property maintenance code, and if not, you order it done yourselves and charge back the property owner. Manager Revella: The violations in question are the overgrowth and condition of the house. 13 Code Enforcement Officer Roosa: Yes, the siding is falling off, rotted. Holes in dormers. *Building Inspector Wallner presented photos* Code Enforcement Officer Roosa: When I did send the violations, I did include a rehab loan application. No response at all. Manager Revella: Yes, you seen any communication with them whatsoever? Code Enforcement Officer Roosa: She called once, she was trying to cut back the hedges. That was only communication. Attorney Donovan: If the board is interested in moving forward, it would be to authorize the Building Department to issue an order directing the property owner to abate the condition. Rob, I need to work with you and go through the notice of violation list. Give a certain period of time. If that doesn't happen, then you have to hear it here and then you will listen to what the person has to say before making a determination. Trustee Pearson: If she hasn't complied yet, I would say do that and maybe she'll come in and say some reasons. You're going to try to have her do it first without coming here? Code Enforcement Officer Roosa: We were hoping that she would contact us because we did give her an out, a financial out. Meaning to go get a loan. But we haven't heard anything from her at all. Trustee Hall: Is she elderly? Code Enforcement Officer Roosa: Yes. Deputy Mayor Batson: Does this require any structural work or just general cleanup? Building Inspector Wallner: It's hard to say. That's what really adds a lot of complications to this is that it's occupied. It's not as cut and dry as 35 North Montgomery. Deputy Mayor Batson: Listen, if this is just someone that needs help, I'll see you 2 Sundays from now. I’ll be there with the weed eater. Anybody else watching this, come meet me. But if it's structural... Manager Revella: She needs help with the weeds. The bushes, she's had help before. We had some people volunteer last time, but with the issues with the dormers and things, that’s serious work. Code Enforcement Officer Roosa: I think now we got a picture, 1 of the dormers you physically can see a hole going right to the woodwork. Building Inspector Wallner: Unfortunately, we really don't have any details about the occupant. Attorney Donovan: Rob, what would be, I wouldn’t want the village to order the house to be remodeled. What's the least restrictive remediation that could be authorized because it sounds like the woman does not have a lot of money. When it sounds like it's a problem, but it's easily a $50- 75,000. What would it be to just render it safe? 14 Building Inspector Wallner: In my opinion, I have a couple of different scenarios on this because it's really not fair to the neighboring properties to have this eyesore. And it's on one of our thoroughfares. But at the same time, trying to be compassionate. If this was my house, I wouldn't have the money to fix it. But I wouldn’t want to move. Mayor Ramos: Maybe knock down the shrubbery. Code Enforcement Officer Roosa: I got the impression when I talked to her that she wanted it for privacy. Trustee Pearson: I don't blame her on that street. Then you’re going to see more of the house as well, so it might need a little more cover. But cut it back from the sidewalk. Code Enforcement Officer Roosa: Shrubs are one thing, we got poison ivy going up the side of the house and growing into the house. That’s a whole other issue. There's also an accessory structure to the right of it and that's really getting to be in decrepit condition also. Trustee Taylor: It's conceivable that the overgrowth here is contributing to the demise of the structure itself, so until that is cleaned up, we really don't know what we're looking at from a structural standpoint. Code Enforcement Officer Roosa: Until you get up there physically, really do some inspections to see how far it's gone. You've already seen a lot of deterioration going on behind it. The siding is falling off for a reason. It probably doesn't have anything to be attached to. There could be a lot of issues. This could all of sudden just turn into something really bad in a matter of a year or so. Next thing you know, you have big sections falling off. Attorney Donovan: Do you want to try to get in there to do an investigation to bring a structural engineer? Code Enforcement Officer Roosa: Can we, should we approach her, knock on her door? Since we're not getting any other answers. Trustee Hall: Maybe she's just embarrassed. Attorney Donovan: Sure, absolutely. You could also summon her to court and ask the judge to cooperate in some fashion. Trustee Pearson: Ask her about the shrubbery in the front that's bothering people first and see where she stands on all that and maybe be able to cut it back a little bit in the beginning and then maybe she'll talk to somebody. Mayor Ramos: You want to knock on her door? Code Enforcement Officer Roosa: Could do that. Mayor Ramos: Then next meeting, if we have no success, we bring her in. Deputy Mayor Batson: Let her know there are some folks willing to help. Thanks for bringing that up and be willing to take the extra step for someone who may need a little help. Code Enforcement Officer Roosa: We're out there to help people too. 15 7 South Montgomery St – Unsafe Building Building Inspector Wallner: *presents pictures* This is the backside. Back in late fall, the Police Department asked me to go with them because there was a squatter and I did gain access to the property. The property owner is local but unresponsive. It's semi secure at this point. But it's definitely a problem. Again, it's on our thoroughfare. It's going to decay and it's going to turn into another unsafe structure if we don’t do something about it. Somebody must live in it. Mayor Ramos: Is there power to it? Who’s paying the electric bill? Building Inspector Wallner: Great question because there's a placard on door that the taxes haven't been paid. The whole place is pretty much falling apart. On the outside, shingles missing. Chimney is falling apart. Mayor Ramos: Is there still a squatter in there? Code Enforcement Officer Roosa: No body was there the day that we were there. Trustee Pearson: The water and electric still going? Code Enforcement Officer Roosa: Water was shut off. Building Inspector Wallner: Water meter has been removed. But there's still electric. Trustee Hall: The owners not responding at all. Code Enforcement Officer Roosa: She was sent a certified letter. She did sign the return receipt about the hearing for tonight. Mayor Ramos: When was your compliance date? You sent it on 10/10/24. 30 days? Code Enforcement Officer Roosa: I think that’s correct. I issued the violation September 17th. The compliance date was October. I've sent multiple notices. Sent second notices. I actually sent the final notice and then I also sent the appearance for tonight and I got the certified return receipt. Attorney Donovan: In this instance, if the board wants to move forward with a hearing. You might want to do 30 days. Manager Revella: The 25th of March. Trustee Kyle made a motion to schedule hearing for 7 South Montgomery St for March 25, 2025 at 6:30pm or soon thereafter. Seconded by Trustee Garrison. All ayes. Motion carried. Public Comment Mary Ellen Matise: This morning on the radio, they talked about the City of Ithica and Ithica is upset because 2 big grants they were giving to the Climate Smart activities are frozen with what’s going on in Washington. I’m wondering if we have any ideas of any that we are anticipating applying for. Especially as we’re going into budget, that potentially be effected by all the budget cuts and freezes that are going on. Might want to take that into account. Is it going to effect sidewalks? Roads? Sewer plant? There might be federal money coming down from the state through the county. Maybe you want to talk about that at the next meeting. 16 Ray Lustig: Another item that I brought up, was that invoice for a couple thousand dollars. I requested that you compare it to the law and that I wasn't responsible for that. Did you have an opportunity to take a look? Attorney Donovan: It's charged the way everything else is charged. It's authorized by your professional consultancy law. Ray Lustig: You're saying that I'm responsible for that bill? Attorney Donovan: Just like every other applicant that comes before the Zoning Board. Ray Lustig: Did you read code 135, Sir? Attorney Donovan: I’m not here to answer your questions. Ray Lustig: He’s here to bill me but not here to answer my questions. Attorney Donovan: Not true. Not billing you tonight. I have a retainer for the Village Board. When you sign your application for the ZBA, you are obligated to pay professional consultant fees. That’s the way the law works. It works for everybody the same way. Ray Lustig: The second one, Mr. Batson, I want to commend you for your comment. Dropping back to local law #2. I'm going to say to the board, I was quite appalled that you took a step back and punted it and said give it to the landlords to follow up on the alarm and not the perpetrator who lives in the apartment. I just want to put it on the table that the landlord has zero right to enforce anything except evict the tenant. It's easy, as the lawyer says. Oh, it's much easier to go contact the landlord and not attendant, even though we know who's doing it. We know he lives in an apartment in one. But no, let’s contact the landlord, who then has to contact the tenant and say please stop. I don't even know what the alarm situation is, by the way. It could be car alarm. Could be the house alarm, the fire alarm. Who knows. All I'm saying this now, the landlord says please stop that alarm that you have going on. And the tenant could say, stick it. I paid my rent on time. That’s all you have to worry about. What you're doing is just a circular kind of thing by saying, oh, let's give it to the landlord. Let's fine the landlord. Because that's easy. And it makes me sick, personally. It’s not justice. It’s not the right thing. It’s the easy thing. Just like my house situation. Here’s what my lawyer said *read an email from lawyer into the minutes* as the lawyer says, put it upon me to show that no one has an interest. That’s not the way it works. People say I have an interest and I defend it. The person across the street could say, I have an interest and say no to it and you consider it. That's incorrect. I just want to make the point that it's not for me to defend it against everybody. It’s for everybody to make a claim if they want it against my property. I can't defend it against every landowner in the village. No, the person has to say they have interest on 52 Walker Street. I met with the assessor from the county and they said it’d be crazy for the village not to give you a building lot. I talked with the town assessor and he agrees with me. It’s being taxed as a building lot. Mr. Stickles said it was a building lot. And if you say that it’s not a building lot, I’m going to contact my lawyer and say I was misrepresented. I’m not ashamed of being here and asking and standing up for my rights. With this other house, that’s my neighbor. I've gone over there. I've shoveled a couple times. I've tried to help her a couple years ago. I asked to cut her shrubbery and she said no. She clearly has financial issues. That was a carriage house to the big house. Both those houses I wish she got a grant to the effects of the neighbor and fixed it up. I think that would suffice. Take it easy on the lady. 17 Payment of Audited Bills Trustee Pearson made a motion to approve payment of audited bills. Seconded by Trustee Kyle. All ayes. Motion carried. Miscellaneous Comments from the Board of Trustees Trustee Taylor: I want to give some gratitude for DPW through the recent storms. I think they did a phenomenal job. They were out God knows how long and it was not a very good situation that we all know. As a suggestion, I noticed the other day the 3 parking spots in front of the library. Sidewalks are clean. However, including the handicap spot, the curb has piles of snow, so as a result, individuals that park there are now walking in the street to get down into the crosswalk. I would just suggest that in addition to the job cleaning the sidewalk that we create, at least in those spots, especially if it's a handicap spot. Other than that, great job. Manager Revella: Normally, they'll do all the way around the building within a couple days of the storm. Trustee Taylor: Other than that, it’s not a criticism. It’s just a suggestion. We would hate to see somebody stumble out onto the street because they're exiting their vehicle on the street side. The only other comment is just me personally, I take offense to saying that we've punted on a situation here. We take everything that we discuss up here very seriously. I'm speaking for myself, the rest of the trustees can speak for themselves. But for somebody to stand there and accuse us of just punting the issue when in fact we've conversed with our attorney who's indicated that there were some issues, some due diligence that needed to be done, and we acted accordingly. Trustee Pearson: Arbor Day, we're looking at hopefully, April 24th. I don't know if it's set yet, Nancy will let me know if that’s good or not. If not, we’re looking at the 17th of April. I know, John, you talked about RFPs, didn't know if you were still thinking about still doing something. Manager Revella: Yes, I believe we'll discuss that after exec. You'll have to make a motion to come out of exec and then make a motion about RFPs. Trustee Pearson: I would like to possibly do a revote on the chief from last week. Because when I got home, I just said I really should have voted yes. I don't know if you guys want to do that or not do that. Manager Revella: Noted it in the minutes. Trustee Pearson: I did see that, thank you. If that's sufficient, that's fine. Deputy Mayor Batson: Can you just elaborate? Trustee Pearson: I had some qualms about it and I voted no, but it wasn't because of the person that was coming in. It had to do with some things that I thought and I got home and I started to think about it and said that’s just stupid. I thought if you wouldn’t mind a revote, I’d like to revote on that. Attorney Donovan: It's an odd situation to revote to get the same result, so typically you don't do that. You can certainly do that if you want. Or you could say upon reflection, I would have voted yes. And that’s in the minutes. Trustee Kyle: I recently got a new job which made it hard for me to make it to meetings because I'm in New Jersey every Tuesday. Today is the first day I have been there long enough where I tested the waters and I went in at 8:30 so I could leave before 3. I made it here almost in time so I 18 apologize for my absence for the past couple meetings. I've been just trying to navigate this new job and I'm going to try my best to make it work. Trustee Hall: I saw in your events, I did not see for the 28th of February, the Community Council, they’re doing woman's defense class down at the karate studio at 7 o’clock. Also, I watch while we’re on here, and I saw Mrs. Millspaugh make a comment about the boat launch. Is there anything about that? Manager Revella: We can't do anything now. Our plan is to build a gazebo and to have 2 Piers built for that place as well. As soon as we can. We’re looking at T-Mobile funds to help pay for the gazebo and other upgrades. Trustee Hall: The other thing is, I live on the worst hill in the village. Again, thank you to DPW because I was able to get out of my driveway and up my hill when I had to. So, thank you. Trustee Garrison: Just like everybody else said, shout out to the DPW and the Water Department that worked through that water main break. Kudos to those guys. Shout out to the PD. We're now seeing the effects of having a full staff and it looks great. They’re doing well. I see a lot of police cars out there driving around and it seems like they're engaging a lot more in the community, which is perfect. Last thing, not so good. I just want to send my condolences to the family of the person that lost their life in fire a couple days ago. Walden residents, we’re all family, so just want to say condolences to them. Deputy Mayor Batson: Do we still owe any follow up to the school board? Letters on capital projects. Manager Revella: The letter is in there ready to be signed by everybody. Deputy Mayor Batson: This House on 121 Ulster Ave. I apologize, new information. If this is some old historical home, Mary Ellen, is there any grants or anything out there that this person can take advantage of? Mary Ellen Matise: No. Deputy Mayor Batson: And then my last question is sorry, but about 52 Walker Street, can we validate that he is paying taxes on that as a buildable lot if it is not a buildable lot? Manager Revella: He paid taxes on it as a lot. Deputy Mayor Batson: Is there a tax differentiation between lot and buildable lot? Attorney Donovan: I have to look at the assessment. The assessor has some discretion. I’ll give you as brief of an example as I can. I had a client that wanted to sell a piece of property because they thought they're going to make a ton of money after they bought it at a tax sale from the county in 1968 and the assessor was $20 a year for the taxes because they had no access. Does the assessor, when they compute value? Sure, they use some sort of, this is a building lot. This is not a building lot. That doesn't necessarily mean that they're right, by the way. Mayor Ramos: I, too, commend the Walden Fire Department for their good response to the fire. Condolences to the family of the deceased victim. *Read events into minutes* 19 Executive Session – Employment History of Particular Person, Collective Bargaining Negotiations for the PBA Trustee Hall made a motion to enter into executive session to discuss employment history of particular person, Collective Bargaining Negotiations for the PBA. Seconded by Trustee Kyle. All ayes. Motion carried. Reconvene Trustee Taylor made a motion to reconvene the regular meeting of the Board of Trustees. Seconded by Trustee Garrison. All ayes. Motion carried. RFP Trustee Batson made a motion for Village to RFP for all outside consultants to be returned by March 25, 2025 Board Meeting. Seconded by Trustee Kyle. All ayes. Motion carried. Adjourned 20  Village of Walden Board of Trustees Regular Meeting February 18, 2025 Motions & Resolutions Public Hearing – Local Law 2 of 2025 – False Alarms Trustee Pearson made a motion to open public hearing for Local Law 2 of 2025 – False Alarms. Seconded by Trustee Garrison. All ayes. Motion carried. Trustee Pearson made a motion to table the public hearing for Local Law 2 of 2025 – False Alarms to Tuesday, March 4, 2025. Seconded by Trustee Taylor. All ayes. Motion carried. Approval of Minutes – January 21, 2025 Trustee Hall made a motion to approve the February 4, 2025 minutes. Seconded by Trustee Taylor. 6 ayes. 1 abstention (Trustee Kyle). Motion carried. Community Council Request- Train Station Trustee Hall made a motion to accept the donation of time and materials from the Walden Community Council for updates to the Wooster Train Station. Seconded by Trustee Garrison. 6 ayes. 1 abstention (Trustee Pearson). Motion carried. Introductory Local Law – Noise Ordinance Trustee Pearson made a motion to schedule public hearing for Introductory Local Law – Noise Ordinance on March 4, 2025 at 6:30pm or soon thereafter. Seconded by Trustee Taylor. All ayes. Motion carried. 7 South Montgomery Street Trustee Kyle made a motion to schedule hearing for 7 South Montgomery St for March 25, 2025 at 6:30pm or soon thereafter. Seconded by Trustee Garrison. All ayes. Motion carried. Payment of Audited Bills Trustee Pearson made a motion to approve payment of audited bills. Seconded by Trustee Kyle. All ayes. Motion carried. Executive Session – Employment History of Particular Person, Collective Bargaining Negotiations for the PBA Trustee Hall made a motion to enter into executive session to discuss employment history of particular person, Collective Bargaining Negotiations for the PBA. Seconded by Trustee Kyle. All ayes. Motion carried. Reconvene Trustee Taylor made a motion to reconvene the regular meeting of the Board of Trustees. Seconded by Trustee Garrison. All ayes. Motion carried. RFP Trustee Batson made a motion for Village to RFP for all outside consultants to be returned by March 25, 2025 Board Meeting. Seconded by Trustee Kyle. All ayes. Motion carried. 21