2013 Change in Village Voter Registration Procedure (posted 3/28/13);

2012 Annual Water Quality Report (posted 5/16/13)

2013-2014 Tentative Budget;

2013 Final Assessment Roll [...]]]> BOT Letter & Resolution Concerning Retaining Wall East of and Along Tuxedo Road, and the Need & Responsibility for Corrective Measures – 5/9/13

2013 Change in Village Voter Registration Procedure (posted 3/28/13);

2012 Annual Water Quality Report (posted 5/16/13)

2013-2014 Tentative Budget;

2013 Final Assessment Roll Filing;

2013 Election Position Notice (Posted 2/14/2013; )

2013 Tentative Assessment Roll Notice  (Posted 2/1/2013);

Summary of proposed Overton 10 Lot Sub-Division on Mt. Farm & Camp Comfort Roads – CLICK HERE   (posted 8/28/12)

Eurasian-Water-Milfoil - Click to view picture and narrative

Village Taxes (payable by 10/31/12 with penalty): 2012 Tax Collection Notice (posted 6/1/12)

Adopted 2012-2013 Budget (posted 4/27/2012)

Tentative Budget for Fiscal Year 2013 (posted 4/10/12)

Notice of 2012-2013 Final Assessment Roll (posted 4/2/12)

• Tonight we are conducting a hearing authorized by Village Code – Sections 83-11 and 75-24 – and requested by Ms. Cindy Booth, concerning the stone wall adjacent to the Tuxedo Road causeway.

• The hearing is [...]]]> Village of Tuxedo Park
Board of Trustees, Special Meeting, April 29, 2013
Mayor Wilson’s Opening Statement

• Tonight we are conducting a hearing authorized by Village Code – Sections 83-11 and 75-24 – and requested by Ms. Cindy Booth, concerning the stone wall adjacent to the Tuxedo Road causeway.

• The hearing is open for the public to observe, but it is not open for public participation. It is Ms. Booth’s hearing.

• First, I would like to give a Brief Overview of Events, talk about Structural Integrity of the Stone Wall, Ownership & Responsibility of the Stone Wall, along with Necessary Corrective Measures, and a Repair Timeframe.

• This hearing was requested after this Board notified Ms. Booth that the condition of the stone retaining wall on her property created a hazardous situation affecting public safety.

• She was advised that both the Village Engineers and an outside engineering firm had independently arrived at the same conclusion – that the retaining wall was significantly deformed in its geometry, and in danger of collapse onto Tuxedo Road.

• We asked Ms. Booth to submit a corrective plan and/or request a hearing before this Board. She requested the hearing.

• I want to make clear for the record and Ms. Booth, how the Board arrived at the authority, and need for requesting her to take corrective measures, to make the stone retaining wall safe.

Structural Integrity of the Stone Wall

• On the evening of March 5th, a large stone dislodged from the stone wall and fell onto the adjacent Tuxedo Road. It was unknown at that time whether this was an indication of a simple necessary repair, or a larger issue of the structural integrity of the wall and the safety consequence to Village residents and others were it to fail.

• I made the decision that evening to close that section of Tuxedo Road until we could obtain an engineer’s opinion on the problem. The wall was inspected the following day by the Village Engineers Weston & Sampson, P.E., and thereafter by another professional engineering firm, O’Brien & Gere. Both engineering firms issued reports.

• The Weston & Sampson report concluded:
“Based on the new information relative to the wall thickness, construction, and stone size/thickness, it appears there is minimal to no factor of safety in the wall’s current condition. We conclude that this wall poses a threat to public safety, and we agree that the Village should leave that portion of Tuxedo Road closed until reconstruction of the wall can be completed.”

• The O’Brien & Gere report concluded:
“The wall rotation and horizontal displacement clearly indicates that [the stone wall] has failed. The loss of the stone block indicates that the joint mortar has deteriorated sufficiently that it cannot hold individual masonry units in-place with a deformed wall geometry. It appears that wall failure is a combination of factors including the absence of drainage behind the wall and joint degradation from through seepage which exposes the mortar to excessive freeze-thaw damage. The wall will eventually collapse with no change in loading conditions as its center of gravity shifts toward the road. There is no reasonable way to predict when the structure, or a section thereof, will fail entirely. However, a modest increase in wall loading such as from an elevated groundwater level behind the wall resulting from a long-duration or heavy rain, or by vehicular traffic behind the wall, could initiate collapse.”

• Based upon the opinions of these two professional engineering firms, it was clear to the Board that, per the Village Code, the stone wall represented a hazardous condition, adverse to the safety of those in the Village, and requiring remediation by the party responsible for the wall’s maintenance and repair.

Ownership & Responsibility of the Retaining Wall

• Before the Board of Trustees had the authority to issue its notices to Ms. Booth under the Village Code, it was necessary to make a determination whether the maintenance and repair of the wall was the responsibility of Ms. Booth or the Village.

• The Village Attorney Rick Golden reviewed past property records for the property now owned by Ms. Booth, as well as the records involved when the Village accepted the offer of dedication of the roadways from Tuxedo Park Association, Inc. in 1953.

• There could be found no evidence in the title records or any other Village record that the Tuxedo Park Association owned the stone wall, as an appurtenance to the adjacent roadway or otherwise, at the time that the roads themselves were deeded to the Village.

• What is clear from the property records is that Ms. Booth’s property line in that area lies east of the Village roadway,

• and the available surveys performed by Ms. Booth in 1983, and her predecessor in interest in 1974, clearly show that the stone retaining wall lies on Ms. Booth’s property line.

• In addition, the Village Engineers, Weston & Sampson, had indicated that there was a distinct horizontal joint approximately 3 feet above the roadway,

• indicating that the wall may have been only 3 feet high initially, and not used as a retaining wall benefiting the roadway.

• Although there was no clear and definitive single document establishing the ownership of the stone retaining wall, the available information of ownership all pointed to ownership of the wall by the adjacent property owner, now Ms. Booth.

• Subsequent to this initial determination by the Board that Ms. Booth was the proper person responsible for the wall’s maintenance and repair,

• other Village records were reviewed that made clear that since at least 1999 the Village had consistently taken the position that Ms. Booth was responsible for the maintenance and repair of “her” stone wall,

• asking her to repair and maintain her wall, including replacing and re-mortaring stones that had become loose.

• In one instance, by a letter dated January 8, 2002, the then Building Inspector thanked Ms. Booth for responding to his prior request to repair the wall,

• as she had her mason relocate the loose stones with the intention of mortaring them come warmer weather.

• Also, by a letter dated November 9, 2001, Ms. Booth complained to the Board of Trustees “concerning damage to my property,”

• including trucks colliding with the stone retaining wall.

• In addition, when Ms. Booth was required to install a new driveway in the 1990’s, following a dispute with her neighbor, she proceeded to cut away and modify the stone wall to make room for her driveway.

• She did this without ever requesting permission from the Village to modify the wall;

• only getting the normal approvals required of anyone modifying their own walls.

• Our Village Attorney also advised us that under New York law a property owner adjacent to even public improvements may be liable if that improvement provides a special benefit to the adjacent property owner;

• in this case such a benefit might be the wall retaining the soil and property grade of her property.

• Everything considered, it appears to the Board of Trustees, that Ms. Booth is responsible for the repair and maintenance of the stone retaining wall lying on her property line.

• However, if during this hearing Ms. Booth presents evidence that the wall is the responsibility of the Village, the Board will weigh that evidence, together with the evidence just referenced, and make a final determination on who is the responsible party to repair and maintain the wall.

• It should be noted that in recent years, there have been private properties adjacent to Village roadways that also had stone walls that were in need of repair and affected the safety of the adjacent traveled roadway.

• Each of these issues has been resolved amicably, with the results depending upon the particular circumstances involved.

Necessary Corrective Measures and Repair Timeframe

• The Board has been advised that the minimum work necessary to render the stone wall and passage on the adjacent roadway safe is to remove the soil located behind the wall to a sloping lower grade,

• such that it would allow for the affected length of the stone wall – approximately 200’ to 220’ – to be dismantled down to approximately three feet in height, the height of the present horizontal joint in the wall.

• The capstones presently on the wall could be re-installed, and the soil re-graded to accommodate this new height.

• We have been informed that this work could be accomplished in approximately 5 working days, weather permitting.

• If Ms. Booth is willing to cooperate in this endeavor, and given the importance of opening up the Tuxedo Road causeway as soon as possible, the Village is willing to utilize its own public works equipment and personnel, without cost to Ms. Booth, to perform the excavation and re-grading necessary,

• leaving to her only the cost of the mason to dismantle the wall and reconstitute it as a three-foot finished wall, or some other safe height that she chooses

• Ironically, Ms. Booth & her attorney have questioned the legitimacy of this hearing, even though they requested it. Earlier today, Village Attorney Rick Golden responded to their objections as having no merit:

• The Village has provided Ms. Booth’s attorney numerous documents in accordance with their FOIL demand, many of which were not required to be sent to them under FOIL – including 3 title search reports.

• There is no disclosure required to be made in accordance with the hearing that Ms. Booth has requested.

• This hearing is not dependent on responses to the FOIL demand, as a matter of due process or otherwise.

• Ms. Booth & her representatives have had ample time to prepare for this hearing, and to do whatever research is believed necessary to protect her interests.

• The Village has acted appropriately and within the bounds of the law in proceeding with this issue.

• We welcome your input at this hearing. We now open the hearing to Ms. Booth & her counsel to address the Board.

Village Engineers, O’Brien & Gere, recommend:

The Causeway is closed indefinitely until plans are finalized “for maintenance and/or reconstruction to restore the wall to a structurally secure condition.”  Click here [...]]]> Village Engineers, Weston & Sampson, conclude that “there is no factor of safety in the walls current condition.  We conclude that this wall poses a threat to public safety.”  

The Causeway is closed indefinitely until plans are finalized “for maintenance and/or reconstruction to restore the wall to a structurally secure condition.”  Click here for full report.  Update to follow after engineering firm, O’Brien & Gere, returns a second assessment.

There appears to be 100% power in Village. If you still do not have power, please email mayor.wilson@tuxedopark.org.

Code Red #s during 11 day outage:

494 phone calls twice/day, 10,824 total, connections 65-85%;

180 emails twice/day, 3,542 total;

140 text messages twice/day, 2,992 total;

Village website updated twice/day, [...]]]> Saturday, November 10, 2012:  5:30 pm

There appears to be 100% power in Village. If you still do not have power, please email mayor.wilson@tuxedopark.org.

Code Red #s during 11 day outage:

494 phone calls twice/day, 10,824 total, connections 65-85%;

180 emails twice/day, 3,542 total;

140 text messages twice/day, 2,992 total;

Village website updated twice/day, hits go from 100/day to 405/day high, 3,049 total.

Total estimated touchpoints: 20,407

Friday, November 9, 2012:  10:45 am

O&R reports 1,000 customers w/o power, 150 in Orange County, 8 in Village. Mayor & Police to continue working w/ individual homeowners. This update ends twice daily voice calls re Hurricane Sandy; periodic updates re cable restoration & debris clean up will continue via text, email, and Village website. 

Thursday, November 8, 2012:  10:00 pm

Power restored to many additional areas in the Village today.  12 calls re power were received by Village Police after 3 pm. I have daily call with Senior Management at O&R tomorrow morning at 10am. If you are still without power, please email me your address @ mayor.wilson@tuxedopark.org

Thursday, November 8, 2012:  10:55 am

22 O&R trucks in Village today including several Supervisors. Significant progress should be seen over next 24 hours for those still w/o power. Please contact Village police @ 845.351.4741 if you have not seen an O&R truck on your road by 3pm today.

Wednesday, November 7, 2012:  5:00 pm

25 Orange & Rockland trucks and 1 Cablevision truck in Village today. Should power be lost again tonight from the Nor’easter, O&R will give priority restoration status to homes still w/o power. Reminder: Village roads were not clear for O&R crews to begin work to restore power until Saturday, Nov. 2. North gate is closed. Next update tomorrow at 11am.

Tuesday, November 6, 2012:  7:30 pm

O&R restores power to 90%. 5,000 still w/o power in Orange County. Problem areas still in Village: Circuit/Stable Road, Tower Hill, W. Lake Drive/S. Lake Place, & various scattered sites. These areas are not being ignored, they are most difficult to resolve. Next update tomorrow at 5pm.

Tuesday, November 6, 2012:  11:35 pm

O&R restores power to 87%. 9,600 still w/o power in Orange County. Tuxedo has 60% restoration. Village expected to receive significant restoration by 11 pm this evening & tomorrow. WWBC open to brush & logs. Nor’easter moving east, Orange County expected to receive more snow than rain. Voting confirmed at Tuxedo Town Hall. Don’t forget to vote!

Monday, November 5, 2012:  9:15 pm

O&R restores power to 83%. Most expected to get full power by Saturday, 11/10/12. 12,100 still w/o power in Orange County. Following areas appear to have power in Village: North West area of West Lake, including TPS; Tuxedo Club; Club House, E. Lake Stable, Acoma vicinity.

Voting supposedly @ Tuxedo Town Hall tomorrow. Nor’easter coming Wednesday/Thursday – 40-60mph winds, cold rain, possible snow.

Monday, November 5, 2012:  10:45 am

O&R restores power to 78% of customers. 14,500 w/o power in Orange County. Two O&R power trucks in Village today, one tree crew doing preventive work. WWBC to open soon for logs & brush. Please keep separate. Free for Village residents, pricing TBD for contractors later today. Village also seeking paper companies & farms to accept wood.

Sunday, November 4, 2012:  8:49 pm

O&R restores power to 67% of customers. 17,900 w/o power in Orange County.* Most tree work done in Village. Power crews working today on Camp Comfort & East Lake Stable. Camp Comfort remains 1 lane due to low-hanging telephone lines.  (*Code Red mistakenly said 19,700 w/o power in Orange County).

Recent reports of power restoration to East Lake Stable & Tuxedo Park School. Teachers only tomorrow, students back on Tuesday.

Sunday, November 4, 2012:  10:48 am

13 O&R trucks in Village this morning. Please call Village Police Dept w/ home address of any trees on power lines, 845-351-4741, or email, ksanford@tuxedopark-ny.gov.

 91,400 without power in total, 19,000 w/o power in Orange County. Tuxedo has 50% restoration.

Saturday, November 3, 2012:  9:03 pm

Reports of isolated power on Fox Hill & Tower Hill. Tree Cutting & Power Trucks in Village this afternoon, early evening. Tuxedo Road/E. Lake triangle open. Camp Comfort, one lane open to school. E. Summitt open. Laurel to Circuit open. If Tree Cutting & Power Trucks blocking road, please turn around & find another route to your destination. 

Saturday, November 3, 2012:  11:11 am

26 of 27 transmission lines repaired, 61 of 101 downed distribution circuits repaired. 26,500 w/o power in Orange County. Crews & equipment air-lifted by military transport to Stewart Airport yesterday to assist O&R. Nat’l Guard arrive today from Fort Smith to help clear roads, ensure areas w/ downed wires remain safe. Tuesday polling places still uncertain. Conserve gasoline.

Friday, November 2, 2012:  8:50 pm

95% of Village roads open; including Tuxedo Road, Tower Hill, & Camp Comfort to Water Tower. Appx. 35 people attended tonight’s BOT meeting. Village to stage leaf clean up across from DPW, & wood clean up at Wee Wah Beach Club. Leaf & wood drop-offs free for Village residents, contractors charged fee; pricing TBD. O&R to post location-specific estimates of power restoration to neighborhoods & individuals next week. Conserve gasoline.

Friday, November 2, 2012:  11:55 am

O&R revises power restoration estimate to 90% by Sunday evening, November 11. Local officials outraged. State Reps demand more from Public Service Commission. 140,000 still w/o power, 35,400 in Orange County. Field crews repair all 17 de-energized substations, 22 of 27 damaged transmission lines, 40 of 101 downed distribution circuits. Substations must be energized & circuits repaired before local power restored. Village BOT meeting tonight at 6pm at Village office. Conserve gasoline.

Thursday, November 1, 2012:  8:38 pm

3 roads opened: E. Lake, Ridge, Tuxedo to E. Lake Stable. Orange County Emergency Services focusing on Mountain Farm/Camp Comfort, Tuxedo Road, Top of Tower Hill. Supervisors from O&R & NYDOT in Village today. Conserve gas, long lines at gas stations. BOT meeting on Friday at 6pm re clean up efforts.

Thursday, November 1, 2012:  11:15 am

Road Clean Up & Power Restoration Reminder – The Village DPW cannot cut down trees on power lines. Only Orange & Rockland can cut down trees on power lines.  See Orange & Rockland Press Release below:

PLEASE NOTE: Due to technical difficulties, O&R’s Outage Map is temporarily out of service. We are working on the problem and expect to resolve it as soon as possible.

O&R MAKES PROGRESS IN REPAIRING TRANSMISSION LINES,

PAVING THE WAY TOWARD DISTRIBUTION RESTORATION 

 PEARL RIVER, NY Nov.1, 2012 8 a.m. — O&R has restored power to 58,000 customers. Approximately 170,000 remain without service. The majority of those customers should have their electricity back on within 10 days from the storm’s end on Tuesday (Oct. 30), but complete repairs and total service restoration could take weeks.

Currently, more than 1,000 O&R employees and over 1,000 contractors from almost 20 states are working to restore power.  The numbers of outages by county are:

• Rockland:  67,900 
• Orange:  43,000
• Bergen:  41,000
• Passaic:  10,500
• Sullivan:  6,500
• Pike:  1,000
• Sussex:  100

O&R has made substantial progress repairing its transmission lines and substations. Field crews have repaired all of O&R’s 17 de-energized substations, 21 of its 27 damaged transmission lines, and 33 of its 101 downed distribution circuits. This progress is significant. Substations must be energized and the circuits repaired before restoration can continue on the distribution, or local loads.

Here are the steps to restore local load: 

• Damage assessment on state, county and major local roads.
• Reconstruction of the distribution system on state roads, followed by county roads. After that work is done, crews will be shifted to restoring circuits feeding critical infrastructure and services. These critical facilities include local governments whose operations provide essential services required by residents.
• Restoration then moves onto critical infrastructure followed by the largest block of customers out of service, smaller blocks of customers and then individual customer service outages.
• As restoration continues, site safety personnel are working to ensure public safety by securing downed wires on major roads.

Thursday, November 1, 2012:  12:50 am

Road Clean Up & Power Restoration Reminder – The Village DPW cannot cut down trees on power lines.  Only Orange & Rockland can cut down trees on power lines.  See Orange & Rockland Press Release below:

O&R:40,000 CUSTOMERS RESTORED, TRANSMISSION REPAIRS PROGRESS;

MAJORITY OF CUSTOMERS AFFECTED SHOULD BE RESTORED IN 10 DAYS 

PEARL RIVER, NY Oct. 31, 2012 4 p.m. — Nearly 40,000 O&R electric customers whose power was knocked out by Hurricane Sandy have been returned to service today as O&R continued its massive efforts to repair its transmission lines and substations, make safe its downed wires and rebuild its electric distribution system.

Nearly 40,000 O&R electric customers whose power was knocked out by Hurricane Sandy have been returned to service today as O&R continued its massive efforts to repair its transmission lines and substations, make safe its downed wires and rebuild its electric distribution system.

More than 1,000 O&R employees and over 1,000 contractors from almost 20 states are working on rebuilding O&R’s electric system so that O&R can repair widespread, devastating damage from Hurricane Sandy and restore electric service to the remaining 194,000 customers. At the height of the hurricane’s outages, O&R had 230,000 customers without service.

O&R has thus far repaired 13 of its 27 damaged transmission lines, seven of its17 de-energized substations, and 20 of its 105 downed distribution circuits.

O&R continues to engage in a systematic inspection, damage assessment, reconstruction and restoration process. This effort is expected to take weeks to complete.

O&R is taking a multi-pronged approach to system restoration:

• The first priority is to restore the system’s backbone by repairing transmission circuits and substations. That work must take place before distribution, or local load, can be restored.
• At the same time, a second set of teams is being deployed onto the distribution system in a systematic and pre-determined manner that includes:
• Damage assessment on state, county and major local roads.
• Reconstruction of the distribution system on state roads, followed by county roads. After that work is done, those crews will be shifted into restoring circuits feeding critical infrastructure and services. These critical facilities include: local governments whose operations provide essential services required by residents.
• Simultaneously, O&R is securing downed wires on major roads. Restoration then moves onto critical infrastructure followed by the largest block of customers out of service, smaller blocks of customers and then individual customer service outages.

Wednesday, October 31, 2012:  9:45 pm

The Board of Trustees will hold a Special Meeting on Friday, November 2, 2012, at the Village Office at 6:00 pm. The Superintendent of Tuxedo School reports school available as warming center & shower facility.

Wednesday, October 31, 2012:  12:45 pm

Halloween for Village tonight to be held at Fire Department’s Trick or Treat event. Event time: 6pm – 7pm. On Tuesday, the Village met with an Orange & Rockland Damage Assessment team. On Wednesday, the Village also met with an O&R Damage Supervisor.

Verizon & Cable trucks are also working in the Village. Village officials are currently working on a leaf & debris removal plan. Details to follow.

Wednesday, October 31, 2012:  11:30 am

Residents are reminded to sign up for Code Red alerts to receive the most recent Village updates regarding clean up efforts and power restoration.  Below are communications over the last 48 hours from the Code Red Alert system via text, email, and voice:

Tuesday, Oct 30, 2012 AT  08:16:51 pm

Roads may appear open, but still highly hazardous due to numerous down, live power lines. Do not walk on roads or drive unless it is true emergency. Egress out of Village is best via Front & North Gates. South Gate is accessible via W. Lake Drive. Halloween moved to Fire Department’s Trick or Treat event. Date & time to follow. There is no Halloween in the Village. Dry ice available on Friday in Warwick. Time & location to follow.

Tuesday, Oct 30, 2012 AT  01:00:50 pm

Assume every tree down is a live wire & life threatening. O&R reports widespread destruction to power infrastructure. Power may be out for 10+ days. 1st priority: 27 Transmission circuits & 12 substations; 2+ days to fix. 2nd priority: State, County, Town main lines, 2-3+ days to fix. 3rd priority: local restoration, 2-3+ days to fix. One damage assessment team currently in Tuxedo Park. Village Office is open. Emergency egress open at North Gate. Next update at 9pm.

Tuesday, Oct 30, 2012 AT  12:19:37 am

Numerous live power lines are down throughout Tuxedo Park. Falling trees are a continuous danger. Do not go outside unless it is a true emergency. O&R reports 150,000 people w/o power. Crews will begin work at 12:00 am, Tuesday morning. Next update at 12 pm, Tuesday afternoon.

Monday, October 29, 2012:  11:15 am

Village and Town officials, along with representatives from the Ambulance Corps and Fire Departments, met at the Town of Tuxedo Police Department this morning to coordinate emergency response plans.  Mayor Wilson, Police Chief Sanford, DPW Superintendent Voss, and Building Inspector Ledwith represented the Village.  Trustee Kilduff was also in attendance representing the Ambulance Corps.  At this time, it is anticipated that Hurricane Sandy will be more of a wind event than a rain event (extreme weather forecasts obviously subject to rapid change with little advance notice).  

The Village & Town Police Departments are working closely together to coordinate phone traffic should major telephone wires go down.  The Village & Town DPWs are working closely together to maintain emergency road openings. Regarding power, Orange & Rockland has assigned 4 crews and 1 supervisor to the 8 Villages & 4 Towns of Warwick, Monroe, Tuxedo, & Chester.  Work crews are arriving from Tennessee, Georgia, & South Carolina. The Public is advised to stay indoors throughout the next couple days.  Do not venture near any downed power lines.  Please call the Police and notify them of any dangerous situations, 845-351-4741.

Sunday, October 28, 2012:  4:30 pm

DPW Superintendent, Jeff Voss, was able to pull two boards out of the Little Wee Wah dam for the first time that he can remember.

Friday, October 26, 2012: 6:30 pm

Should Hurricane Sandy have a local impact similar to Hurricane Irene from last year, all Village residents should anticipate that power will be out again for 6 days.  

In preparation, the Village has installed & upgraded generators at the Village Office, Police Department, & South Gate.  Emergency egress may be possible out of the North gate.  Do not attempt to leave thru any Emergency roads unless notified first that they are open to travel.  Tuxedo Lake and Wee Wah dams were lowered on Thursday morning.  DPW & Police staff are on high alert throughout the next ten days.

Please make certain that you are signed up for Code Red Alerts via voice, email, and text messages.  Text messages are the most reliable means of communication during power outages.  If there is a power outage exceeding 24 hours, expect to receive Code Red alerts at 12 pm and 9 pm every day.

*** Storm Emergency Checklist - VTP Emergency Check List 2012  (posted 9/18/12) ***