Board of Trustees - Regular Meeting

This is the Board of Trustees workshop meeting, Wednesday, May 20th, 2026. We have an in-person quorum. Two trustees are not able to make the meeting tonight, but we do have the required quorum to continue with our meeting. So if I could have a call to order, please, clerk. I mean, sorry, roll call.

In the time of 7-11. Trustee Vardis is absent. Trustee Bosie?

Here.

Trustee Vaughan? Here. Deputy Mayor Wertz is absent. Mayor Foley? Here. Thank you.

Okay, announcements. The first thing is to apologize to those of you who've been waiting online. We have been having real connectivity issues at Village Hall over the last week, last week in particular, but it's been an ongoing problem and we are working with Optimum. I just wanted to share with the trustees a memo that was sent by our IT consultant, who's our managed technologies. Village Hall has had internet connectivity issues for roughly three months. The outages have increased significantly within the last two weeks, where outages were more frequent and for longer durations. The village and the IT support company managed technologies have been working and putting pressure on Optimum to rectify the situation. And we're not the only ones having problems with Optimum. There are problems throughout the village with Optimum, but it's particularly troublesome when you're trying to provide public service. Optimum has replaced all the aged and corroding cabling from the poles to and into the building. Advanced escalation teams have also conducted blind tests to balance signals so that we are well within tolerable ranges for the Internet to function. And also know our phones are Internet-based. So when the Internet is down, we can't take phone calls. So if you have been trying to contact Marjorie and Marjorie has not returned your phone call, it is not because Marjorie doesn't want to. It's because we are not getting the calls. The next course of action at a higher level are as follows. Managed Technology will be installing Ethernet line filters and protectors between the firewall and Optimum and the Optimum provided modem to mitigate any electrical noise on the lines. We are also in discussions with upgrading the copper coaxial based cable internet service to Optimum's fiber optic based internet, which is being installed in the village actively around the village. We will continue to escalate to Optimum's corporate offices if the issue persists with no resolution. Managed Technologies provides the technical statistics and information, which assists greatly in the discussion that has proven to be a help in putting pressure on. So thank you to our staff, who have been incredibly patient. I have the option to work at home, but the clerk does not have the option to work from home and serve the public. So it's been very frustrating for you. Well, we can. We can't connect. We can't connect to our files. So, that. How about some fun announcements? Community Day, coming up June 20th, 2026 from 4 to 8 at Dockside. Food and drinks, games for all ages, live music, and everyone's favorite, bouncy castles. There's someone waiting to come in. Next, this Monday is the Memorial Day Parade. It's We gather and arrive and check in in front of Village Hall. And then the parade stops off at 9. And it's a really lovely and wonderful tradition in the village. And I encourage everyone to either join us along the route or join for the beautifully solemn ceremony at the cemetery at the end. And let's see, tomorrow is Yard waste, so put your yard waste out tonight for pickup tomorrow. You might want to wait until some of the rain passes, but otherwise, you're due to have a rainy few days, unfortunately. And an announcement that Village Hall is closing early on Monday, I'm sorry, on Friday at 1 PM and is closed on Monday for the Memorial Day holiday. OK, moving into our agenda items. The first is a vote to accept the Justice Court monthly report. Are we adding them? Oh, yes. Thank you very much. We are adding two items to the agenda. I would make a motion to add one item related to an emergency repair at the water plant and the second resolution regarding EV chargers at the Market Street lot. All in favor? Aye. Thank you. Thank you for the reminder, Laura. Okay. We had our monthly meeting a week early last month in May because we were all away at NICOM and the court was not able to get their submission in time. So we do, it has been submitted, but we have to officially accept it tonight. So I would like to make a motion to accept Justice Court monthly report and file it with the clerk. Next, we have an application that's an annual event sponsored by the Hub, a request for a permit to use the doc for International Overdose Awareness Day Remembrance. I feel like we just did this. We're back around again. They're proposing it for August 31, set at time 4.30. Events start at 7, going until about 9.30. The time can vary slightly depending on sunset at that time of year. Discussion? We do have insurance and clearance from OIC.

Did they do this last year? Yeah, they do it every year. Does it require any increased lease?

It's a pretty mellow event. It's very beautiful. Anyone like to make a motion?

I will make a motion. to approve the application from Melanie Matero and the Fulton Hub to host the annual International Overdose Awareness Ceremony at the bandstand and waterfront August 31st from 4.30 PM to 9 PM. Second.

All in favor? Aye. OK. Now we have a couple of wrap-up resolutions related to the new budget. We need to accept The resolutions related to water and wastewater rate increases. Clerk, if you could provide numbers first for the water resolution.

That's resolution 20-2026.

OK. And the next is 21, the wastewater. Correct. OK. OK. The following resolution was offered by Mayor Foley for adoption and seconded by? Second. Trustee Hall, to wit. Whereas an increase to the water flat and usage rates is recommended to cover the system operating and maintenance costs. And whereas village code 130163A calls for flat rates of all units outside of the village of Cold Spring to be set at one and one half times the rates charged within the village. And whereas users of the water system are currently charged the following flat rates. In the village, $99.37 per assessed unit per quarter. Out of Village, $149.06 per assessed unit per quarter. And whereas, at a public hearing on April 22, 2026, the Board of Trustees proposed an increase in the water flat rate as follows. In Village, an increase of $6 per assessed unit per quarter to $105.37 per assessed unit per quarter. out of village, an increase of 1 and 1 half times the rate within the village to $158.05 per assessed unit per quarter. And whereas all users of the system are currently charged a water usage rate of $4.37 per 1,000 gallon used, $3.47. What did I say? $4. OK, $3.47. Sorry. Thank you for correcting. And whereas at a public hearing on April 22, 2026, the Board of Trustees proposed a usage rate increase for all users of $0.21 per 1,000 gallons used to $3.68. Now, therefore, be it resolved that the flat water rate is established as follows, effective July 1st. In the village, $105.37 per assessed unit per quarter. Out of village, $158.05 per assessed unit per quarter. Now, therefore, be it resolved that the water usage rate for all users is established at $3.68 per 1,000 gallons used. And it is a roll call vote, but do we have any discussion first?

Can we just ask a clarification? July 1st, even though our fiscal year starts June 1st? Yep, we confirmed that with Michelle. That's when the next bill .

And again, this is

These increases reflect our dam project and other upgrades in the water system. So we have a motion. We have a second. All in favor? We will call.

We will call. Sorry. Trustee Morris is absent. Trustee Bosie? Aye. Trustee Hall? Aye. Deputy Mayor Woods is absent. Mayor Foley? Aye. The moral dilution is officially adopted by a vote of 3-0-0-2. Thank you.

And next. Sorry for the audience. These are long and boring resolutions. Proposed resolution number 21-2026, establishing rate increase for usage of the wastewater system. Following resolution was offered by Mayor Foley for adoption and seconded by? Second. Trustee Bozzi, to wit. Whereas an increase to the wastewater, in parentheses, sewer usage and flat rate is recommended to cover the system operating and maintenance costs, and whereas users of the system are currently charged a rate of $2.23 for 1,000 gallons used, and whereas at a meeting on April 22, 2026, say at a public hearing, the Board of Trustees proposed an increase of $0.11 in usage rate to $2.34 for 1,000 gallons used. And whereas users of the water system, excuse me, users of the system are currently charged a flat rate of $93.60 per quarter to use the wastewater system. At a public hearing, again, making that modification.

Public hearing for the tentative budget or for when you adopt the budget?

But you've got it written here as meeting. And on the last, it was public hearing on April 22. The water resolution was public hearing.

Can you talk about the date? Well, the final budget was adopted on April 22, which was not a public hearing. The public hearing was held on the 8th. OK. So then we're going to need to revise this one back to meeting.

So let's close this one out first, then we'll come back to water. I'm going to go back in the whereas statements and read the date reference again. Whereas, at a meeting on April 22, 2026, the Board of Trustees proposed an increase of $0.11 in the usage rate to $2.34 per 1,000 gallons used. And whereas, users of the system are currently charged a flat rate of $93.60 per quarter to use the wastewater system. At a meeting. On April 22, 2026, the Board of Trustees proposed an increase of $4.50 in the flat rate to $98.10. Now, therefore, be it resolved that the wastewater usage rate is hereby set at $2.34 per 1,000 gallons used and the flat rate per quarter at $98.10 effective July 1, 2026.

The roll call vote.

Any other discussion?

Trustee Bardas is absent. Trustee Bosie?

Aye.

Trustee Hall? Aye. Mayor Wood is absent. Mayor Foley?

Aye. OK. Now let's step back to Resolution 2026. As the mover of the resolution, I would propose an amendment to reflect in the 1, 2, 3, 4th whereas statements. The deletion of public hearing and the replacement with the word meeting. 1, 2, 3, 4, 5, 6. Whereas deletion of public hearing and replacement with meeting. Is that approved by the seconder of the motion? It was Andrew? Yes. All in favor on this one. Are you in favor of Janie's? I have it. Does that serve the purpose that you need? I believe so. OK. Next, clerk, tell us about the exciting development in the office. We have a strong candidate for deputy clerk.

I am very pleased to recommend that the board appoint Phillipstown resident to the position of full-time deputy clerk. She's the person that People will see first when they walk into the building. So that's a very important position. It's the face of our village. And we met with Beliana several times. She has experience reading the public. She has experience collecting fees and rents from a real estate company. She has done social media for Magazino. And she has a very warm and professional demeanor and discretion that will make her a very good addition to our staff. She's looking for a place where she can grow in her career. And I think this is a good place to do it. And she can start as soon as June 9. Originally, we had discussed June 2, but she being a responsible person is closing up a project that she would like to complete and so June 9th and I think that would be a great way to start a new fiscal year having someone at the front desk and yes you know she's organized and ready to hit those out the file so it'll be great you know one of the things we find challenging is as much as we love to work directly with the public it's ongoing interrupt. We're on internet, we're on the phone, we're at the door, and we can't be in all places at all times. And so it's great to have an extra person back at the front. I would recommend we appoint Liliana.

Someone like to make a motion? I'd just say thanks for doing the search and finding a good friend.

There were a lot of wonderful applications, but I feel that 8 30 in the morning and it's also great to have somebody who's a phillipstown resident who knows the area and knows the particularities of the area thank you for your patience thank you for carrying everyone through while you look someone like to make a motion i'll make a motion

Marjorie Gage's recommendation to appoint Phillipstown resident Eliana Catalano to the position of full-time deputy clerk at a starting pay rate of $20 to $4 per hour with a start date on or about June the 9th, right? And a probationary employment period of six months, pending license, background check with no disqualifying factor.

Second.

All in favor? Aye. Aye. Thank you. Looking forward to it. Yes. And at the other end of the spectrum, we have a motion to accept the resignation of the Interdepartmental Highway, Water, and Wastewater employee, Mark Bernado, effective retroactively to his last day of employment, May 11, 2026. We found that the wastewater department was not a good fit for him. So Bugsy and Matt are in the process of following up with other candidates. They feel they have a good Next choice. They have spent a lot of time interviewing people and searching for positions. It's been exhausting for them.

And this is retroactive, right?

It's retroactive to May 11. That was his last day. OK. We just haven't met since he . So I have made the motion. Is there a second? Second. All in favor? Aye.

Aye.

Takes a special person. do to work in public wastewater and make them more grateful every day for the staff that we have. OK. Next is, this is an item that we budgeted for. It is the replacement of the backhoe and loader. When Bugsy got the numbers during the budget cycle, it did not include the thumb kit. And the very simple explanation is, like you pick something out with your thumb, it's this part of the backhoe. That would put the purchase over budget. And so he has chosen to forego the replacement of one of the plows for now in order to be able to get the critical thumb. Discussion? None?

OK, I'm going to take a motion.

I'll make a motion to approve the roadways and facilities department crew chief Robert Downey's recommendation to purchase a new case 580 SVTC SS four-wheel drive backhoe loader thumb kit insulation delivery vehicle delivery of vehicle included from Hoffman equipment based in the Bronx, New York for a total cost of $124,200. All in favor? Aye. I am very happy to go.

Next item is one of our added items, the emergency repair that just came in this morning. We have popped a leak in one of the two water towers at the water treatment plant. It is a small leak, but there is a potential for it to become a big leak fast, so we want to move quickly. Also, because we have storage of our treated water, so it's water that we've spent money to prepare and store. So this is a single source provider, and it's an emergency basis. So we have one bid from statewide. Yeah. So Matt, we discovered leaks on one of the storage tanks and would like to keep the tentative date of Tuesday, May 26th with statewide aquastore, make emergency repairs to stop the leaks before they worsen. As attached to the proposal looking for immediate approval, the amount is $2,800. Discussion? No.

Would you like to make a motion? I make a motion to approve the bid to statewide aqua store for the fourth corner loop repair for fossil . Second. All in favor?

Aye. Thank you.

Thank you to Matt for .

It was so important that you put it three times in the bag.

Don't forget the time. OK. The next item is the other added item, which is a resolution relating to bold posts. I'll turn that over to Laura. Sure.

Sure. So we heard, I think, a really interesting presentation a few weeks ago from doing a really bold post about this new, new to the US perhaps, approach of a pole-mounted EV charger. And in fact, they also have a pilot grant from NYSERDA to bring that to municipalities at no cost to us. And so we find that that fits our conditions here in a historic village with lots of underground infrastructure quite well. We found a suitable location. at the Market Street lot. So given that information and kind of limited space, we've decided to opt for that Market Street lot rather than a proposal that we've been considering on High Street. So this is a resolution making that shift. And then the site agreement that was, again, we discussed in brief a few weeks ago is under review by the village attorney now. We'll bring those edits to full post, come to an agreement, and then bring that for signature here to the board for approval.

I think this resolution does authorize the execution of any documents necessary to affect the weight. So it doesn't necessarily need to come back to the full board. We just need to get the final language from the attorney. Great. That's good to hear.

That hasn't clicked for me. OK. Go for it. All right, so I will read this. Takeout proposed, just resolution. Number 22-2026, authorizing the installation of electric vehicle charging station, singular, at the Market Street Municipal parking lot in discontinuation of the proposal for the installation of an electric vehicle charger station at High Street. Follow resolution was offered by Phil for adoption and seconded by me. They are fully to it. Whereas the Village Board of Trustees, Cold Spring Board of Trustees previously evaluated the potential installation of electric vehicle charging infrastructure on High Street adjacent to Combo Park. Whereas after due consideration and review, the Village Board of Trustees approved the installation of EV charging infrastructure on High Street. And whereas the Village has been actively working with LinkWell, the EV charger provider, and Central Hudson, full installer, I'm sorry. Can I make a correction? Yes. Central Hudson, the utility, I think, other than the proposed high street infrastructure. Whereas the Village has recently been approached by Volt Post, a different EV charging provider seeking to install full mounted EV charging units in the Village of Cold Spring as part of the pilot program. Whereas after due consideration and review of the proposal and discussion by the Village Board of Trustees, the Village has identified the Village-owned Market Street Municipal parking lot as a more suitable location for this type of EV charging infrastructure. Whereas the Village Board finds that the installation of full-mounted EV charging infrastructure at the Market Street Municipal parking lot will provide a practical and convenient location for residents and visitors of the Village to utilize their chargers. Whereas the village board desires to proceed with the pilot EV charging installation full post and authorizes the negotiation execution of the necessary agreements, applications, and approvals. So let's say that they're with. Therefore be it resolved that both for the policies that are authorized with the installation of full-mounted EV charging station. Um, that's singular at the village owned market street municipal parking lot subject to final coordination with both posts and be it further resolved that the mayor is hereby authorized to execute any documents necessary. I actuate the E.D. charging installation with full post at Marcus Street municipal parking lot under review and approval by the village attorney. Further involved, to the accord of Trustee Skirby, discontinues consideration of the previously proposed High Street E.D. charging location with length while E.D. charger provider. Roll call vote.

Trustee Bardas is absent. Trustee Bosie? Aye. Trustee Hall?

Aye.

Deputy Mayor Woods is absent. Mayor Foley. I vote aye. The resolution is adopted.

Thank you so much for all of your work, Laura, and I'm really excited to be part of this trial.

I think so too.

Okay. The next item is a discussion of the Article 78. It was filed today. I didn't have time to print my notes on this, so I'm just going to So today, the Village of Cold Spring and the Town of Phillipstown together, pursuant to resolutions of our respective boards, filed petition and complaint with the Supreme Court of New York pursuant to Article 78 of the Civil Practice Laws and Rules and for a declaratory judgment against New York State Parks, Recreation, Historic Preservation and Hudson Highlands Fjord Trail Inc. Also named as respondents are Putnam County and Village resident Laura Bergman. I want to make crystal clear that we have no claims or causes of action against the county or Ms. Bergman. As parties impacted by the proposal, they are named in the suit so that they have the opportunity to join either as petitioners or respondents if they so choose. So an Article 78 proceeding is the avenue by which a person, group, or agency challenges the determination of a government body, in this case, New York State Parks, who adopted a finding statement related to the environmental impact statement prepared by the Fuhrer Trail. It's the same mechanism that one would use, for example, when contesting the findings of a planning board or a zoning board. An Article 78 proceeding asks the judge to decide, based on the public record, whether the body's determination was made based on facts and thorough investigation, or if it was improper, flawed, faulty, or incomplete. The legal term is where the decision is arbitrary and capricious. An Article 78 is the only legal pathway forward to challenge a determination by a government agency or body. That's how the system works. It's the option we have. Filing an Article 78 is a village board determination. It does not require public comment. On April 8, the trustees consulted with our attorney in an attorney-client session, which is our right under open meetings law. The outcome of an Article 78 is not a thumbs up or a thumbs down on the project. Article 78 filings go to a judge for review of the public record to conclude one of three things. And this is a very highly simplified restatement, but it's important that we all understand. One is the environmental review was done thoroughly or properly. Project, excuse me, I'm going to read it again. Article 78 filings go to a judge for review of the public record to conclude one of three things. the environmental review was done thoroughly or properly, and the project sponsor proceeds. Two, parts of the environmental review were not done thoroughly or properly, and the project sponsor goes back and redoes those parts. Or, three, all of the environmental review was insufficient and flawed, so the project sponsor must do it all again properly. An Article 78 filing related to the Fjord Trail does not stop the project, as some have erroneously asserted. In the case of HHFT, the Village Board is challenging the findings of New York State Parks on the final environmental impact statement for the proposed Fuhrer Trail, nearly all of which determined little to no adverse impact on the environment, on our social and economic health, or on our community character. It is the job of the trustees and the mayor to steward the fiscal health of the Village and our residents' quality of life. It is our job to note that a project might be a great idea, but we have to ask how it will be paid for and how it will impact life in the village. It is the village board's right and responsibility to protect our community's resources, environment, and quality of life. We would be delinquent in our duties if we did not challenge the findings of New York State Parks under SIGGRA. Yesterday, I believe it was yesterday, we were in receipt of an email co-signed by a number of individuals supporting the development of the Fjord Trail requesting a referendum on the project. I want to say that we appreciate the effort and the time you spent and thank you for your correspondence. But it is important to make clear that what you're asking is not a possibility under state law. Moreover, the request to vote up or down, yes or no, oversimplifies a complex issue that isn't a yes or no. It's not build or no build. It's just not that simple. Under New York state law, a permissive referendum only applies when a statute specifically says that a particular type of action can be challenged by petition and vote. The governing statute, New York Village Law 9-900, limits referenda to those situations expressly identified in the law There is no statute that includes a resolution to commence litigation against the state in that category or to public opinion on a trail. Likewise, mandatory referenda are limited to a narrow set of actions defined in New York Municipal Home Rule Chapter 23, such as changes to elected offices or the structure of local government. Authorizing a lawsuit does not fall within any of those categories either, nor does one's opinion of a trail. In addition, New York local finance law chapter 36 reinforces that even certain financial decisions are not subject to referendum. So I'm going to go back to common language now. I can say with certainty, remember our, our vote, to file in Article 78 was unanimous. I can say with certainty that even if every resident in this village stated their unconditional support for the Fuhrer Trail project, this board would still be asking fiscal, environmental, and quality of life questions. It's our job as elected officials and fiduciaries to make sure this development includes thoughtful, meaningful, real impact mitigation. and that our community can live and prosper alongside it. Discussion among board members?

I agree wholeheartedly with everything you said.

Anything from you, John? Our attorney is with us tonight.

No.

Can I just make a, I wanted to make a couple of general comments, if I may, to your indulgement. So I'd like to say a couple of things. All board members take an oath of office to uphold the laws of the Constitution of the state of New York and faithfully discharge the duties of that office. One of those laws is the State Environmental Quality Review Act, or SECRA, which we've all become familiar with. What is that? It is New York's primary environmental protection law. What is its purpose? Three things. To encourage productive harmony between man and his environment, to prevent and eliminate damage to the environment and enhance human and community resources, and to enrich the understanding of ecological systems, natural, human, and community resources important to the people of New York. What does it require? No agency involved in any action in an action may undertake, fund, or approve the action until it has complied with the provisions of SECRA. A project sponsor may not commence any physical alteration related to an action until the provisions of SEPRA have been applied with. How do you establish that if you would disagree with any given findings of a lead agency? One of the standards is to take a hard look, and that's described as, in law, identify the relevant areas of environmental concern, take a hard look at them, and assess if a reasoned elaboration has been made for the basis of that determination. The only way you can do that is through a legal mechanism in Article 78. The only option open to the village at this point, short of abdicating its broader responsibilities, is to take that course. So that's where we are today. Another of the duties of a board member such as myself is that of fiduciary responsibility, making sure revenues and expenses are prudently and responsibly recognized and accounted for. The question we had to answer in this case, the question I had to answer in this case was, is it better to spend money on a lawsuit now or take the risk of being on the hook for far greater expenses and impacts in the future? Though significant, a lawsuit is still relatively small in the grand scheme of things compared to the far greater impacts and expenses, potentially running into hundreds of thousands and or millions of dollars that could occur in the future if we didn't. The burden of that would fall on you, the taxpayers, in the form of higher taxes and or vastly reduced services for things like emergencies, water and sewer, garbage collection, and public safety. If you're buying a house, you don't just accept what the seller says. You're required to take a hard look. And others will, in turn, take a hard look at you. You do a home inspection. The mortgage lender takes a hard look at your financials to make sure you can service the debt. You check the title. That's what the Article 78 is in this case. It's a legally approved, under state law, form of due diligence. That is the substantive discussion we need to be having, not one fed by vexatious distractions. With that in mind, I would like to share something I learned about last week. It's about building skills for dignified agreement. There are six principles. Be curious, not furious. When there is a disagreement, approach it with curiosity, using language that invites dialogue. Regulate, then debate. When you start to get upset, pause and take a breath before speaking. Listen to understand, not to respond. Really listen to what the other person is saying and consider summarizing briefly what you heard. Challenge ideas, don't attack people. Speak your truth, but do it with dignity. Acknowledge knowledge. When someone else makes a logical or interesting point, acknowledge their point. Build up rather than tear down. Advocate, explain, and build up your idea rather than just attacking others' ideas and or dehumanizing people. And I don't say these things to be high and mighty. I actually really believe that these kinds of principles, these kinds of ideas make a difference in how we conduct ourselves and how we all get along together as a community. Thank you.

Thank you, Andrew. And thank you, Nikon. That was an excellent conference and an excellent presentation on Disagreement with dignity. OK. Item 11. We have already addressed the early closing of village offices on Friday in advance of Memorial Day weekend. But we do need to discuss the June meeting schedule. And we do not have a meeting scheduled for the 27th. Michelle will need a bill paying meeting on the 3rd. Our monthly meeting is the 10th, and then should we need, I would propose then not being in session on the 17th, and should we need a third meeting for it to be on the 24th? I don't know what Bill's vacation is.

I'm away on the 3rd, 10th, and 24th. I'm away on the 24th. I thought you were saying you were away on the 3rd, 10th, and 24th. I'll be out.

3rd, 10th, and 24th of June?

Yep.

I think I should be good.

Okay. Sorry. We're not in a public comment period at this time. Okay. Payment of bills.

Need a motion, right?

Yes.

I can do it. I'll make a motion to approve batch 845 Bills in the amount of $220,034. Second.

Faber? Aye. Aye. Minutes, Marjorie is putting together a packet. That's all at once. I see that there is someone with a hand raised. Would the board like to entertain a comment from the public on agenda items? Is there anyone in the public wishing to speak?

Okay.

Seeing none, I'll make a motion to adjourn.

Second.

All in favor? Aye. Good night. Good night.