10.19.2013

Susan Zimet's contradictory statements about the claimed Police expense savings due to consolidation



Susan says this at the 1/15/2013 Joint Town/Village Board Meeting:



Susan: “And we debated it and we debated it and we debated it. And until we were all in agreement, we didn't move forward. And we did that for every single solitary [expense] line."



But after the supposed $300,000 Police line savings is continually questioned, Susan says this about it at the 2/21/2013 Joint Town/Village Board Meeting:



Susan: "We absolutely fought over the $300,000, myself and Ira. Absolutely rejected using the $300,000. The only reason I accepted it is when Dave Lent basically said that he can accept it and he can explain it and my attitude is that 'Dave, if you can explain it then fine, I will back off and I will shut up and for the purposes of consensus, I'll support  it.'  But I fought it hard. Ira fought it hard.”


5.17.2013

Community Advisory Committee Statement of 04/11/2011



Click on this link to view the document in its original pdf format:
CAC Statement of 4/11/2011





CAC Statement FINAL 041111
This statement is respectfully submitted to the New Paltz
Government Efficiency and Effectiveness Study Working
Group (WG) (renamed during the project as the Steering
Committee) and the Community Advisory Committee
(CAC) co-chairs, signed by seven CAC members.
 
We, the undersigned, have grave concerns about the study
process and product to date. Concerning process, the WG
rejected the CAC’s request to hold evening meetings, to
provide detailed meeting minutes, including rationales for
major decisions, and to abide by the Core Values for Public
Participation guidelines (International Association for
Public Participation; http://www.iap2.org). 
 
The study proposal, which was submitted to the New York Core Values for the Practice of Public Participation
1.      Public participation is based on the belief that those who are
affected by a decision have a right to be involved in the decision-
making process.
2.      Public participation includes the promise that the public's
contribution will influence the decision.
3.      Public participation promotes sustainable decisions by recognizing
and communicating the needs and interests of all participants,
including decision makers.
4.      Public participation seeks out and facilitates the involvement of
those potentially affected by or interested in a decision. 
5.      Public participation seeks input from participants in designing how
they participate. 
6.      Public participation provides participants with the information they
need to participate in a meaningful way.
7.      Public participation communicates to participants how their input
affected the decision.


CAC Statement FINAL 041111
State High Priority Planning Grant program as part of the
grant application, clearly states, “Concrete processes and
strategies will be incorporated into the process in order to
communicate facts and promote a dialogue that will
facilitate a high level of civic engagement.”  The RFP for
the project also states, in bold, “An enhanced public
involvement plan to promote wide scale participation in the
process is required.”

Despite these guidelines, from the start, there has been a
lack of public participation and clarity about the CAC’s
role in that public process. One CAC member asked, “Is the
CAC expected to merely inform the public of decisions, or
will the public be invited to engage in meaningful
participation?” Another said, “I thought our job was to
gather public input [in order to] inform the process of the
study, not to just garner support for its conclusions.”

To further the goal of public participation, the grant
application specifically required the creation of a project
website to facilitate information-sharing between the WG,
CAC, and community at large. In addition, the application
stated, “Dedicated pages on both municipalities’ websites
will provide a record of the study progress and include
links to all relevant documents.” The website, through the
members-only Ning site, failed to meet the basic access
needs of many members, continues to have multiple
outstanding and unanswered questions, and supplies
limited, unclear documentation to outline the process as it
has unfolded. Requests from the CAC for additional


CAC Statement FINAL 041111
information and better explanations have also been denied.
The Village and Town were complicit in these obstacles to
public access, failing to even link to the site until the
project had been underway for months, and never providing
additional resources. While the consultants have repeatedly
suggested that questions, comments, and suggestions be
funneled through the website, their responses have been
exceedingly slow or, more frequently, absent altogether.
 
Whether deliberate or unintentional, this failure to engage
the public has led us to feel that the WG is secretive and
disinterested in process. These concerns were reinforced
when the WG chose not to release the draft report to the
public. Perhaps as a result of this decision, not one CAC
member commented on the substance of the draft report,
either due to stated issues with the lack of disclosure (at
least four members voiced this concern), or speculatively,
disengagement due to lack of clear process and
transparency. One CAC member stated, “I hardly think it's
fair to presume that this relatively small group can
adequately represent the diverse perspectives of all of New
Paltz, when all of New Paltz has not had any opportunity to
review such a document.” Another member said, “How can
there be such a recommendation when the information
leading up to this conclusion has not been disclosed to the
CAC, let alone the public?  This whole report is lacking
public input. There should not have even been a draft
without public input.”
 
In terms of product, while the work to date has included a


CAC Statement FINAL 041111
thorough analysis of dollars (efficiency), there has been
barely any discussion about governance (effectiveness). We
refer again to the study proposal, which states, “[T]his
project will not only review opportunities for efficiency, it
will also consider all potential governance models.” 

Although the WG has discussed some governance models,
none of these discussions included or even considered
public feedback. The draft report rejects many possibilities
(e.g., city, village dissolution, a model of our own design,
status quo) without any public discussion.  This process and
the conclusions concerning possible governance models fly
in the face of the study proposal, which states, “[t]his
neutral feasibility study will not presume any preconceived
outcome, and instead will consider all options, including
the prospect of alternatives not currently defined by law
and the option of continuation of the existing structure(s).” 
 
The proposal also says, “Dissent will be an acknowledged
component of the discourse and will not be an impediment
to the process.”  We feel strongly that our dissent and our
concerns (which have been expressed repeatedly to you)
have been ignored. Furthermore, we deeply hope that the
WG will recognize our commitment to this project, and will
listen to and act on our constructive criticisms. We want to
be ambassadors for this project, but as one member noted,
“the CAC can only act as translators if they are informed.
Information on the process thus far and decisions that have
been made are not readily accessible in its entirety.”  


CAC Statement FINAL 041111
Lastly, since the CAC, to date, has provided no feedback to
the WG on the substance—only on process—of the report,
we respectfully request that the language that the CAC
provided “input and involvement” on the draft report be
deleted. Perhaps if the process improves, then the final
report can properly acknowledge the contribution of the
CAC. The CAC has been eager and prepared to contribute,
however it is impossible to do so when the group has not
been given the authority, autonomy, or information
necessary to fulfill the expectations outlined in the original
proposal.

In closing, we wish to make clear that we have a desire to
provide the citizens of New Paltz with the information
necessary to make sound, reasoned, and informed decisions
about improving the efficiency and effectiveness of our
government. We have made it clear that to do so, we must
engage the public early and often. Failure to do so will
almost surely result in rancor, discontent, and mistrust. In
this regard the CAC accurately reflects the sentiments of
the community. 
 
Signed,

John Logan                     Ira Margolis
Amanda Sisenstein         Caryn Sobel
KT Tobin                         Brittany Turner
Michael Zierler

3.06.2013

letter to the editor by michael russo 3-1-2013


Letter to the Editor, New Paltz Times by Michael Russo, March 1, 2013

At the February 21 Joint Town/Village Board Meeting, Dr. Gerald Benjamin stated, in response to a question by Kitty Brown, that funding for the Citizen Empowerment tax credits that would allow a consolidated government to obtain up to $1 million in state funding, has been appropriated in the State Budget.

This is accurate but one has to know that appropriations expire at the end or soon after the end of every fiscal year budget regardless of how much money was spent (NY Finance Law Sec 40.3). If the next year's budget does not renew the appropriation, the funding is gone.

The State’s fiscal year starts April 1, and the Governor's proposed budget is still being debated in the legislature. Even if the Citizen's Empowerment tax credits are approved this coming fiscal year, this is no guarantee for subsequent years.

Dr. Benjamin also stated: "The criticism on relying on state funds is the point that KT Tobin raised earlier, that the state has been unreliable about persisting in the amount of money it gives to local governments over time. But you have to act on the law as you understand it and as you expect it to unfold -- you can't say that the state lies and therefore we can't proceed, or has lied in the past and we can't proceed -- or at least I think we can't say that."

However, if the state fails to continue the availability of Citizen Empowerment tax credits in future years, it will not mean that the state has lied. State Finance Law Sec. 54p does not make any representation that the Citizen Empowerment tax credits will continue year after year, because the law includes the phrase "within the annual amounts appropriated there-for,” which means "only if in the current budget." The State would only be lying if it didn't provide the funds in a given year when the appropriation was already made. There is no guarantee in the State Law that these funds will be appropriated in future years.

If we proceed as Dr. Benjamin suggests, i.e. "to act on the law as you understand it and as you expect it to unfold", then aside from the current fiscal year and this coming year if the legislature approves the Governor's budget, it is anyone's guess as to how the future of the Citizen Empowerment tax credits will unfold.

But in terms of that guess, let’s remember that a few weeks ago in a letter to this newspaper, it was pointed out by authors Tobin, Portier and Preston that state aid to the town and village has dropped precipitously since 2008, from 9% of revenues in 2008 to 4% of revenues in 2011. And a similar decline in aid has occurred for our school district. Such cuts are being experienced in municipalities and school districts all over the state. For me, this is a powerful signal that the Citizen Empowerment tax credit incentive program has a very limited lifespan indeed.

3.02.2013

summary state aid 2008 to 2011 np village and town


This chart shows the decline of State Aid to the Town and Village between the years of 2008 and 2011. In  both cases, the amount of State Aid in 2011 is half that of 2008. This has resulted in a combined loss of State Aid to the Town and Village of almost $1.5 Million for the three years of 2009 through 2011, with the 2011 level being over $650,000 off from the 2008 level.

Click on link:  https://docs.google.com/file/d/0B-FIiz39zh5bNkVXTFYwcF8wZkU/edit?usp=sharing


3.01.2013

letter to the editor by guy thomas kempe 2-19-2013

Dear Editor:

The grant application titled New Paltz Municipalities: High Priority Planning for Efficient & Effective Government as submitted in 2009 to the NY Department of State secured financial resources to develop a “neutral feasibility study” of “merger, consolidation, dissolution and shared services.” The application asserted that both Village and Town residents will “have the facts and analytical information necessary to make an informed decision about the best governance structure at the most efficient cost” along with eight specific objectives; (1) public participation; (2) assessments of assets and liabilities; (3) short and long term fiscal implications; (4) resolutions and legislation needed to advance recommendations; (5) a calendar and schedule for implementation; (6) a metric to evaluate quality of services and costs; (7) a white paper to provide a model for other communities, and; (8) an application request to the state for implementation funding.

To date, I have been unable to locate a comprehensive and reliable source of information on either municipal website to facilitate my participation in the project. While some documents are available on the village website, the town website currently announces that the “Next working group meeting of the Government Efficiency Project is May 9, 2011, 9 am at Village Hall.”

The Planning Grant identified the following deliverables; (1) Dedicated pages on both municipalities website to provide a record of the study progress and include links to all relevant documents (FAIL); (2) Facilitation of community involvement (FAIL); (3) Analytical study of all options, including the costs, benefits and liabilities of current municipal structures, alternative models and shared services (Not found); (4) Written resolutions and legislation necessary to move forward with recommended scenarios (Not found); (5) A calendar and schedule to proceed (Not found); (6) A final Feasibility Study with Implementation Outlines (Not found); (7) A metric to be used over time to evaluate delivery of better governance (Not found); (8) White paper to evaluate the process and provide informed guidance for other communities (Not found), and; (9) Application for implementation funding partnership (Not found.)

Despite what I trust are best efforts by leaders and volunteers working on the issue, it is clear that we have a long way to go before the facts and analytical information necessary for the public to make an informed decision about any proposal to change local government structure can be evaluated.
-GTK

Email correspondence with and regarding Ken Bond



From: Susan Zimet

Sent: Saturday, December 01, 2012 5:10 PM

To: jtlogan6@aol.com ; planB@hvc.rr.com ; jpgallucci@gmail.com ; kevinbarrylaw@yahoo.com ; assistant@townofnewpaltz.org ; jasonwest@villageofnewpaltz.org ; sallymrhoads@gmail.com ; basco54@gmail.com ; briankimbiztrustee@gmail.com ; stewartglennnewpaltztrustee@gmail.com

Subject: Fw: Follow-Up to Conference Call on Consooidation - 11/30/12

Hi all

Yesterday Dave Lent and I had a phone conference with Ken Bond.

Jason and Nancy joined the call.

I had scheduled the phone call to review certain questions for the Finance Committee

During that conversation Ken's office

Went through the step by step process both boards need to take in order to have a referendum at the end of March

Ken sent a summary that is very comprehensive and all board members should read

The Finance Committeedid has done an awful lot of work that should be very helpful to this process

The Town Board has allocated money for it's half to hire Ken Bond for the work necessary to move this forward.

Hope you are well.

Susan

-----Original message-----

From: "Bond, Kenneth W." <Kenneth.Bond@squiresanders.com>

To: "supervisorzimet@townofnewpaltz.org" <supervisorzimet@townofnewpaltz.org>, "jasonwest.mail@gmail.com" <jasonwest.mail@gmail.com>, "wildfire00@gmail.com" <wildfire00@gmail.com>

Cc: "Neuringer, Matthew E." <Matthew.Neuringer@squiresanders.com>

Sent: Sat, Dec 1, 2012 20:03:55 GMT+00:00

Subject: Follow-Up to Conference Call on Consooidation - 11/30/12

Dear Supervisor Zimet and Mayor West:

Thank you and your colleagues for participating in yesterday's call to move forward the process of consolidation. As the bond counsel for both the Village and the Town, and as special counsel to the joint board considering consolidation, we do not advocate a position on whether consolidation is the right thing to do. The law gives that choice to the voters and the taxpayers of both communities. However, given the short time to move forward proceedings to a referendum in March, 2013 such that a favorable vote by both communities could result in the consolidation being effective January 1, 2014 and the town/village able to begin receiving its $1 million annual state aid inducement payment before March 30, 2014, it is critical that the joint board adopt an agreement of consolidation at its meeting on or about December 20, 2012 pursuant to state law and the timeline we have sent you.

With that date, or an earlier date, in mind we will work diligently with Village and Town stakeholders to draft the agreement. As Matthew pointed out in the call yesterday, the law does not require great specificity in the details - but does require adoption of concepts, structures and principals under which the new entity would operate. We will help you articulate in the agreement the consensus which has been developing on a consolidated community.

That said, I want to clarify a couple items and suggest some larger concepts and principals which the joint board may want to include in the agreement:

1. The $1 million in annual state aid, in our view, is a hard number. Your budget numbers qualify for the full amount each year. The "subject to appropriation" concern should politics or state finances derail the annual payment is not warranted. First, state policy is to reduce and consolidate the state's local governments to reduce the expense to taxpayers and increase service delivery efficiency. Second, New York is not going to run of money - ever. In the state's 2012 FY budget it appropriated $35 million for consolidation inducement payments - and paid out only $3 million. Should the consolidation occur, New Paltz will be the largest and most visible urban area in the Hudson Valley to complete the process. Thereafter, you should be all over your legislators for more appropriated state consolidation inducement aid.

2. It is a legal fantasy that residents in the Village have two votes because they also live in the Town. The 1st Amendment to the US Constitution and the NY State Constitution recognize the "one person, one vote" rule. Village residents would vote in the village referendum. Town residents outside the village would vote in the town referendum. Any other proposal will generate a lawsuit.

3. Much discussion focuses on residents of the town/village paying more/less taxes post-consolidation. The agreement should include a "transition period" commencing with the effective date of consolidation for two years (i) where no taxes go up or down on account of consolidation and any cost savings post-consolidation are spread proportionately and equally among all properties in the consolidated entity, and (ii) the levy for the consolidated entity beginning in its first year equalizes all rates for all classes of property for all properties in the consolidated entity.

4. The agreement requires a statement of a governmental organization. Key officers are a CEO, COO, CFO, police chief, fire chief, DPW supervisor, HR director, planning director, economic development officer, etc. During the transition period (2 years) the CEO (elected [after the transition period] supervisor/mayor) and COO (administrator/manager) should be the current Town Supervisor and Village Mayor. The governing board of the consolidated entity should be the entire town board and village board during the transition (about 11-12 board members) then reduced to 7 (typical city council size) after the transition. No current town or village personnel should be let go during the transition as a "cost saving" measure because of consolidation. Personnel who retire, resign or die need not be replaced (attrition) but no job losses on account of consolidation during the transition.

5. Economic development - should be a major aspiration of the consolidated entity to put more properties on the tax role - should include establishment of one or more BIDs and LDCs.

6. SUNY and non-profit properties and facilities - should pay for services under a PILOT. This may require future state legislation, a lawsuit, etc. But get the idea into the agreement.

7. Costs/benefits of services - move more services to a fee for service payment basis to reduce or maintain property taxes. You want students and tourists to pay for the services the consolidated entity provides.

8. Labor agreements - since they have all expired and the consolidated entity is new, declare that Triborough should not apply and create new uniform labor agreements during the transition period. The unions will fight and they will lose on this. The consolidated entities' employees have little to fear: over the past 10-15 years average salaries and benefits in the public sector (i.e. local government) have consistently surpassed those in the private sector.

9. Debt and agreements - those long-term debts incurred by the separate town and village pre-consolidation are paid by the taxes generated on the properties within the separate entities. Same rule applies to improvement districts' (water and sewer) pre-consolidation debt. Separate entity terminable contracts should be terminated and made contracts of the consolidated entity upon effective date.

10. Fire services - merge any Town fire districts and fire protection areas into the village fire department upon consolidation.

11. Water and sewer districts. Use the Town Law approach. The village water and sewer systems would be treated as a separate improvement district; then establish an entity-wide water district and sewer district and consolidate all water and sewer districts into the entity-wide districts during the transition. We've done this before - not rocket science.

At this point, if there are existing committee reports we can review, like that of the finance committee (have not reviewed) or the Human Resources Subcommittee (forwarded by Jason) please send ASAP. Because, of the shortage of time I would not spend more time on committee reports unless other committees did work and can produce a short written summary of their findings ASAP. That said, you need to have answers to the following items at least in summary form well before December 20 for the agreement:

(a) the name of each local government entity to be consolidated (Town of New Paltz, Village of New Paltz, any fire districts in the town);

(b) the name of the proposed consolidated local government entity, which name shall be such as to distinguish it from the name of any other like unit of government in the state of New York (except the name of any one of the entities to be consolidated) (New Paltz, Manhiem, or some other interesting Huguenot or Dutch word [I'm partial to Friesland and Groningen from where my mother's family immigrated in the late 19th century);

(c) the rights, duties and obligations of the proposed consolidated local government entity - (see note 4 above - this needs elaboration but 4 will get you started);

(d) the territorial boundaries of the proposed consolidated local government entity (the current town boundaries; the village boundaries dissolve);

(e) the type and/or class of the proposed consolidated local government entity (first class town/village [based on population]);

(f) the governmental organization of the proposed consolidated local government entity insofar as it concerns elected and appointed officials and public employees, along with a transitional plan and schedule for elections and appointments of officials - (see notes 4 to 11 - also needs elaboration);

(g) a fiscal estimate of the cost of and savings which may be realized from consolidation - (this will be a guess or perhaps numbers can be tweezed from the Fairweather report or committee reports; however, other than the $1 million annually from the state, you're not looking for savings during the transition [first 2 years] as much as you are looking for efficiencies in operation which generate permanent savings and tax reductions after the transition);

(h) each entity's assets, including, but not limited to, real and personal property, and the fair value thereof in current money of the United States - (public facilities asset values can be obtained from town and village certified financials per GASB 34 reporting; private assets can be obtained from the assessor's office);

(i) each entity's liabilities and indebtedness, bonded and otherwise, and the fair value thereof in current money of the United States - (terminable contracts are only current liabilities - essentially the town and village expense budget numbers; indebtedness is all the town and village general obligation debt - the things we write approving opinions on - plus any financing leases for equipment);

(j) terms for the disposition of existing assets, liabilities and indebtedness of each local government entity, either jointly, separately or in certain defined proportions - (assets to be made owned by consolidated entity during transition; separate town and village long-term liabilities remain where they are - see note 9 above - proceeds of any assets disposed of post-consolidation go into the pot of the consolidated entity) ;

(k) terms for the common administration and uniform enforcement of local laws, ordinances, resolutions, orders and the like, within the proposed consolidated local government entity - (lay out where the consolidated entity will follow Town Law and where it will follow Village Law; it must follow the GML for local laws which might deviate from [but not conflict with] the Town Law or Village Law - I would leave implementation of these things to transition period activities);

(l) the effective date of the proposed consolidation (January 1, 2014); and

(m) the time and place or places for the public hearing or hearings on such proposed joint consolidation agreement - (hold in the town and villages offices on dates indicated by the timeline we provided

- the statutory hearing can be held over for 2+ days; information meetings of an informal nature can be held after December 20 and before the vote).

So there you have it - the Cliff notes for a consolidation agreement. If you can agree on the big concepts you can get an agreement together. If you agonize over details and ruminate in the weeds this will never happen. Any one who absolutely opposes consolidation for any reason can campaign against it to convince the voters to reject it. But opposition by stonewalling to prevent the question from being placed before the voters (at a time they are aware of the issue and forming their own opinions) seems a little disingenuous given the intent and state policy behind the consolidation law.

Finally, we are transactional lawyers and used to the pressure of getting things done with tight deadlines. Matthew is finished with final exams on the 14th and has offered to encamp in New Paltz for a week to work 24/7 with you to craft an agreement - at no extra cost, I should add. I have intentionally not marked this email "Confidential - Attorney Client Privilege" so that you can freely share it with others as you deem appropriate. In the words of Mr. Spock, "Long Life and Prosper." Ken

Kenneth W. Bond

From: PlanB@hvc.rr.com

To: Susan Zimet <supervisorzimet@townofnewpaltz.org>, jtlogan6@aol.com, jpgallucci@gmail.com, kevinbarrylaw@yahoo.com, assistant@townofnewpaltz.org, jasonwest@villageofnewpaltz.org, sallymrhoads@gmail.com, basco54@gmail.com, briankimbiztrustee@gmail.com, stewartglennnewpaltztrustee@gmail.com

Sent: Wed, Dec 5, 2012 04:47:58 GMT+00:00

Subject: Ken Bond Conference Call on Consooidation - 11/30/12

Susan, I'm not clear on where the data and new contracts and water districts etc outlined below by Ken Bond are going to come from. Is this what the $75,000 will provide? Kitty

From: Susan Zimet <supervisorzimet@townofnewpaltz.org>

To: PlanB <PlanB@hvc.rr.com>; jtlogan6 <jtlogan6@aol.com>; jpgallucci <jpgallucci@gmail.com>; kevinbarrylaw <kevinbarrylaw@yahoo.com>; assistant <assistant@townofnewpaltz.org>; jasonwest <jasonwest@villageofnewpaltz.org>; sallymrhoads <sallymrhoads@gmail.com>; basco54 <basco54@gmail.com>; briankimbiztrustee <briankimbiztrustee@gmail.com>; stewartglennnewpaltztrustee <stewartglennnewpaltztrustee@gmail.com>

Sent: Wed, Dec 5, 2012 8:24 am

Subject: Re: Ken Bond Conference Call on Consooidation - 11/30/12

Kitty

All the documents needed Will be developed with Ken Bond's. Team working with us.
It's important we do this right
and cannot do it alone.

Hope this helps

Susan

Regarding the potential loss of significant grant funding due to consolidation


Jason West -----Original Message-----
From: Mark Blauer [mailto:mblauer@evenlink.com]
Sent: Tuesday, January 15, 2013 1:21 PM
To: Mayor Village
Subject: Consolidation

Mayor West

Last Thursday we met with George Popp from the USDA Office in Middletown regarding the Village's pending application for water system assistance.

I used the opportunity to ask George if New Paltz Village would be
eligible to apply to USDA for Water & Waste assistance if the Village
boundary was expanded to encompass the Town of New Paltz. The resulting population would exceed the USDA cutoff population of 10,000.

Mr. Popp's said unambiguously that New Paltz will not be eligible if its
new consolidated population exceeds 10,000. This is precisely what I have been saying when first asked about this subject. I was dismayed that some people (folks who don't write grants for a living) doubted my assessment of future eligibility. They are free doubt my judgement but they should not dismiss the firm answer given by George Popp at USDA on the subject.

FWIW, I am 4 for 4 on grant applications submitted for the Village. This
is something people should consider when thinking about my opinions on the subject of grant eligibility.

If I thought that consolidation would improve and not diminish your
prospects for receiving grants I would say so. I am after all in the
business of winning.

Even if USDA changes its 10,000 cutoff in the future the newly constituted Village would not qualify for the favorable "poverty rate"
loan and grant terms it now enjoys. The Village qualifies for the low
rate of 1.875% (38 years) and grants up to $750,000. The Intermediate rate interest is higher and the grant ceiling is only $500,000.

On several occasions I have noted that our CDBG Small Cities success was directly attributable to the 58% low and moderate income percentage of the current Village. We must prove that any project have at least 51% low and moderate income benefit. Presently the Village's configuration makes Village wide benefit projects eligible. As they say on TV, this is black letter law. The expanded Village would have a new low and moderate income percentage well under 51%.

Consolidation may have arguments in its favor but future grant eligibility is not one of them.

I suggest that the Village carefully consider my input based on 35 years
of grantwriting before sacrificing the grant programs we have relied on to bring $1.7 million to the Village in the short time I have served you.

Choose wisely.

Mark Blauer
Blauer Associates
January 22 at 11:54am

Jason West Mayor West
Fairweather is misrepresenting if he says that a new municipal entity with a population of over 10,000 is still eligible for Water & Waste funding. The Town population is in excess of 14,000 according to the 2010 Census. Perhaps Fairweather would like to ask George Popp if the Town of New Paltz can presently apply to USDA for Water & Waste funding.

George Popp said point blank on January 11th that USDA eligibility for Water & Waste will be lost if the Village boundary is expanded to encompass the Town. We all heard what George said and he represents the Funding Agency. Fairweather apparently dismisses what I and Mr. Popp have to say about Water & Waste eligibility. Nothing short of Congressional action will restore eligibility for municipalities with populations over 10,000. Presently the Town of Ulster cannot apply for Water & Waste. Supervisor Quigley can confirm that.

The Town Supervisor is mistaken if she thinks I am being defensive. I don't suffer disinformation gladly and make no effort to mask my opinions about disinformation.

As per the fundng agency, New Paltz will lose its eligibility for USDA through the expansion according to USDA, OCR funding will be at least more difficult and possibly impossible to obtain. I will finish my current projects and move on to work for other clients.

I won't waste time drawing pictures for the willfully blind. Either they get it or they don't.

Mark Blauer
January 22 at 11:49am

Jason West On 1/16/2013 1:41 AM, Jason West wrote:
> Mark -
>
> Most of Fairweather's comments focused on Small Cities. There was some cross-talk regarding USDA and I will confirm what was said verbatim once the video becomes available. It was clear by both thecomments made by a few and the silence of the rest that in the he-said-she-said Fairweather was seen as a more trustworthy source than I.
>
> I will do whatever I can to stop wasting your time with this nonsense so that we may retain your services.
>
> I am copying this to the entire Village Board so that they understand the consequences of their failure to adequately check their facts.
>
> Jason
January 22 at 11:50am

Jason West Jason
I am not surprised that Mr. Fairweather focused on Small Cities and downplayed USDA. The facts about USDA don't support his argument that consolidation does not lessen grant eligibility. USDA's George Popp was unambiguous on January 11th about New Paltz losing USDA eligibility for the Water and Waste Program once its population exceeds 10,000. My understanding is that the new Village boundary would coincide with the current Town boundary. That puts the new entity over 10,000 population. Like I noted the Town of Ulster is already over 10,000 population and is not eligible for USDA Water & Waste. They are presently hoping that Congress changes the law. Even if Congress changes the law, after consolidation New Paltz lose "poverty" status. That translates into a higher interest rate and a lower grant ceiling from USDA.

If consolidation was already accomplished the $4.1 million water request USDA is currently reviewing would have been denied as the municipal population would already be over 10,000.

Regarding Small Cities, we don't entirely lose eligibility. Some types of projects will be instantly ineligible while other submissions will be vastly complicated after 2020.

The Village is 58% low/moderate while the Town is 42%. All Small Cities applications must demonstrate 51% or better low/moderate benefit. The Village's 58% is why we won the last three Small Cities grants. In contrast, the Town of New Paltz has not won a Small Cities grant in at least the last 10 years. Town-wide projects are presently ineligible and will continue to be so because of the 42%. Consider for example a youth center project. A youth center serving the Village is eligible while one serving the whole Town is not.

When the 2020 Census is conducted the demographics of the old Village will be absorbed within the larger Town boundary. The 58% low/moderate figure will disappear to be replaced by a blended low/moderate figure. That figure will be less than 51%. Small Cities has been operating for 35 years and is likely to continue for many more years. The Village's special competitive advantage will disappear with the 2020 Census. At that point income surveys would be required to justify water and sewer projects. Towns like Ulster and Wawarsing conduct such surveys now. Surveys are difficult, expensive and time consuming. Surveying hundreds of households including off campus students in order to qualify a water or sewer project would be a logistical nightmare for New Paltz. Without the 58% percentage the Village now enjoys our last three Small Cities projects would have required door to door income surveys to determine the income characteristics of approximately 3,800 residents.

Qualifying a Small Cities project that requires surveying 1000+ households is possible in theory but often impossible in practice. Anyone who writes Small Cities applications would understand why I am loathe to discard the Village's separate identity and advantageous 58% low/moderate income demographics.

I can assure the Village Board that I don't wish to stop working on future projects for the Village. I am just being realistic. Casting away eligibility through consolidation may leave me little to do for New Paltz. Without workable opportunities I would have no choice but to move on.

Mark Blauer
January 22 at 11:50am

2.24.2013

About press coverage of Gerry Benjamin's Statements of Feb 21


Regarding Jeremiah Horrigan's article about the Joint Town/Village meeting on February 21.
http://www.recordonline.com/apps/pbcs.dll/article?AID=/20130222/NEWS/302220359

Jeremiah's article misses the technical aspects of both Peter Fairweather's and Gerry Benjamin's statements. Watch the meeting video (including the Q&A following both their presentations) and read carefully through the Fairweather Report in terms of his Scenarios 1 and 2. See below for links.

Take for example, this sentence in the article: "Benjamin repeatedly explained that a second point of contention, a $1 million state grant, has been appropriated and would be available to help with the transition to a single government."

This is accurate in terms of what Dr. Benjamin said. But there is a technical aspect here -- one has to know that appropriations expire at the end of every fiscal year budget regardless of how much was spent (NY Finance Law Sec 40.3). If the next year's budget does not renew the appropriation, the funding is gone.

I hope Kitty Brown (who asked the question) and others understand this, and don't now think that appropriated funds are permanently encumbered funds. Incidentally, the next state fiscal year starts April 1st and the Governor's proposed budget is still being debated in the legislature. But even if the Citizen's Empowerment Tax Credits are approved this coming year, this is no guarantee for subsequent years.

The article's next sentence: "In acknowledging that state funding can be a risky proposition, he [Benjamin] also said, 'You can't say 'the state lies,' and therefore, we can't proceed.'” This too is accurate with regard to the words Dr. Benjamin used but again there is a technicality.

Dr. Benjamin's actual words were: "The criticism on relying on state funds is the point that KT Tobin raised earlier, that the state has been unreliable about persisting in the amount of money it gives to local governments over time. But you have to act on the law as you understand it and as you expect it to unfold -- you can't say that the state lies and therefore we can't proceed, or has lied in the past and we can't proceed -- or at least I think we can't say that."

But here's the technicality: State Finance Law Sec. 54p does not make a representation that the Citizen's Empowerment Tax Credits will continue year after year. This is because the law includes the phrase "within the annual amounts appropriated there-for,” which means "only if in the current budget." So the State would only be lying if it didn't provide the funds in a given year when the appropriation was already made. This is no guarantee in the State Law that these funds will be appropriated in future years.

So if we proceed as Dr. Benjamin suggests, i.e. "to act on the law as you understand it and as you expect it to unfold", then aside from this fiscal year and maybe this coming year (if the legislature approves the Governor's budget), it is anyone's guess as to how it will unfold.

New Paltz Town Board 2-21-13
Joint Village/town meeting followed by Town Meeting. Presentation on consolidation given near the beginning.
http://youtu.be/huZa2eMECww?t=1h18m

http://www.fairweatherconsulting.com/2013/01/24/download-the-new-paltz-government-efficiency-report-here/



FC: Revised Sewer and Water



From: dslent30@msn.com
To: nancybranco@villageofnewpaltz.org
Subject: Revised Sewer and Water
Date: Fri, 7 Dec 2012 11:37:49 -0500

-->
Nancy:  This final ( I hope) revision.  It does not to appear there is any debt on sewer that should be shared.  Dave

2.20.2013

Excerpts from the 2009 Memorandum of Opposition from the Assoc of Towns

This is not recent commentary, but is recently posted and worth reading.

Excerpts from the 2009 Memorandum of Opposition from the Assoc of Towns to the NY Government Reorganization and Citizens Empowerment Act:

"This legislation does not deal with the true costs of high real property taxes but instead purports to establish a one-stop shopping process to consolidate or dissolve local government entities."

"There is no substantial proof that consolidation results in lower property taxes. The only realistic way in which consolidation could result in cost savings is to eliminate jobs, such as police, fire and highway, or reduce or eliminate services. Legislation changing the fundamental makeup of local government needs to be studied and debated in open with full participation from the public. No good policy is made under the cover of darkness. The manner in which this legislation was introduced and poised to be passed curtails public debate and constructive input."

"Real property taxes are high in New York State for four primary reasons: Personnel Expense; Primary and Secondary Education; Social Welfare Services and Debt. These four categories account for nearly all of the difference in per capita spending between New York and the average of the other 49 states. Despite the assertions in the memorandum in support of this legation, generally speaking, property taxes are not high due the number of local government entities in New York State. Villages and special improvement districts are established to assign the cost of desired services to the people who will be receiving said services. In other words you should not have to pay for a service that you do not receive. Most local government entities have been sharing and/or consolidating services for decades and significant savings have resulted. Cooperation rather than consolidation is favored in many instances because it saves taxpayer resources while keeping local democracy in tact and government readily accessible to the people."

"The Association of Towns is vehemently opposed to the passage of this legislation in its current form."

http://www.nytowns.org/core/contentmanager/uploads/Opposition%20to%20Local%20Consolidation.pdf

joint letter to the editor 2/20/13, twelve signers

Letter to the editor 2/20/13

Four out of five members of both the Town and Village Boards have resolved to create a public vote in the near future on whether to consolidate the Village and Town of New Paltz into a single municipality operating according to Village government laws. That may or may not be a good thing. Since Villages and Towns operate under completely different systems, there is much to consider regarding how elections would operate, whether it will cost money or save money, how it will affect zoning and planning, whether we have sufficient facilities to combine all departments, what it would cost in construction and renovation if we don't, and how it would impact public and employee safety, infrastructure maintenance, and other required services. And yes, we need to know what it's going to do to our taxes. That's the bare minimum of the information necessary in order to cast our votes.

Unfortunately, after two years of study, we have answers to exactly none of this. We also have been shown a considerable amount of information purported to support claims of substantial savings, but nearly all of it is clearly due to ordinary service cuts that have nothing to do with efficiencies made possible by consolidation, and savings that have already happened with the Town and Village separate. Reviews of emails and videos of conversations between the members of the committee that prepared the financial reports show that in most cases decisions of what to include and exclude were made on the basis of what was likely to "sell" consolidation.

This is not, and never has been about personalities, or about some people being resolved to oppose consolidation no matter what. We have been very specific in our questions, working with the figures brought forth by the study committees. In every case we have been met by "watch the videos," "you don't have the skill to question what we've presented," and flat-out refusal to respond. There have been no substantive answers provided at all. None.

We have started researching the information on our own. We are doing this in a quantifiable, verifiable way that will be open to public scrutiny. Some of this is already available, with official source material, at http://newpaltzfactcheck.com/. As we develop our findings, we will present them at public forums, and we invite all interested persons to participate, challenge, and learn. In the meantime, we encourage all of you to ask these questions, and any others you may have, of the Town and Village Boards.

Mark Portier
Guy Thomas Kempe
Steve Casa
Feebe Greco
KT Tobin
Stephanie Olear
Steve Greenfield
Kathy Preston
Greg Olear
John Logan
Rebecca Rotzler
Keith Woodburn

2.19.2013

HR email: Barry 6-18-12

From: kevinbarrylaw@yahoo.com

To: donpaltz@aol.com
Cc: rel12561@mac.com, briankimbiz@gmail.com

Sent: 6/18/2012 10:21:36 A.M. Eastern Standard Time
Subj: (no subject)

Just a reminder about our meeting tonight @7pm at Town Hall. Kevin

HR email: Barry 6-28-12

From: Kevin Barry <kevinbarrylaw@yahoo.com>
To: Brian Kimbiz <briankimbiz@gmail.com>
Cc: Amy Cohen <amyblueberry@gmail.com>; "donpaltz@aol.com" <donpaltz@aol.com>; Randall Leverette <rel12561@mac.com>; "yalescribe@att.net" <yalescribe@att.net>
Sent: Thursday, June 28, 2012 11:54 AM
Subject: Human Resources Joint Committee

This is to confirm our schedule for the month of July 2012. Meeting July 9th in the conference room of the Community Center @ 7pm and meeting July 30 in Town Hall @ 7pm. Kevin.
From: kevinbarrylaw@yahoo.com

To: briankimbiz@gmail.com
Cc: amyblueberry@gmail.com, donpaltz@aol.com, rel12561@mac.com, yalescribe@att.net

Sent: 6/28/2012 2:00:46 P.M. Eastern Standard Time
Subj: Re: Human Resources Joint Committee

There may be a change of location as the result of recent discussions between Sally and Susan. I'll let you know. Kevin


HR email Barry 12-15-12

From: kevinbarrylaw@yahoo.com
To: r.lev@outlook.com, amyblueberry@gmail.com, briankimbiz@gmail.com,donpaltz@aol.com, yalescribe@att.net
Sent: 12/15/2012 3:00:24 P.M. Eastern Standard Time
Subj: (no subject)


Please provide your comments. Ross has already commented. Kevin

Attachment: Supplement to HR Final Report 12-14-12 https://docs.google.com/file/d/1GSbTPdWulGdWbghYy8LTHgiKWZ58Ps8tP2tHF6cZTiV_2BJ5s-_nZTGMiQ28/edit?usp=sharing

HR email: Marx, Kerr, Cohen, Leverette, Barry, Pollack 11-28, 11-30, 12-6,12-7,12-9, 12-10-12

From: info.highways <info.highways@townofnewpaltz.org>
To: r.lev <r.lev@outlook.com>
Cc: Donpaltz <Donpaltz@aol.com>
Sent: Wed, Nov 28, 2012 1:48 pm
Subject: Human Resources meeting


Hi all,
Don’t know if you are the ones I need to talk to, would it be possible to be put on the list for future meetings. I showed up with half my crew and the camera guy only to find out the meeting was canceled. My computer is broke again but I still get Email at highways@townofnewpaltz.org
Ps thank you for what your doing,

Thanks,
Chris Marx
New Paltz Highway Department

On Fri, Nov 30, 2012 at 1:18 PM, <Donpaltz@aol.com> wrote:

FYI.

My reply, speaking for myself and not the committee, to Chris Marx below.

I am in favor of another meeting of our committee.

Regards,
Don

From: donpaltz@aol.com
To: info.highways@townofnewpaltz.org
Sent: 11/30/2012 11:39:54 A.M. Eastern Standard Time
Subj: Re: Human Resources meeting

November 30, 2012

Dear Chris,

Writing this note personally, and not as a representative of any committee, board or council.

Wanted to take a moment to extend a personal apology to you and the members of your staff. Due to a last minute decision to postpone and poor communication, your time was wasted last Tuesday evening.

The purpose of the meeting was to have cleared up some of the rumors going around and to make sure that staff had been properly respected and given every chance to provide input to the HR committee and its report. In light of some inflammatory e-mails sent in the days prior to the scheduled meeting, the majority of the HR subcommittee felt that the atmosphere was not right to meet. The meeting was postponed over my objection, but I take personal responsibility for the lack of direct communication with you regarding that decision. My apology extends fully to your team.

There has been a lot of emotion and confusion regarding the HR subcommittee of the Consolidation study, which has led to avoidable stress for your team.

The Fairweather report stated that no current employees of the Town or Village would be affected by proposed headcount reductions; and our subcommittee has always worked within that model. Any headcount reductions were to be seen in the future, as positions opened up due to retirement and the normal turnover that occurs anywhere.

Looking over the subcommittee report, the report fails to repeat the promise about current staff and current positions being off limits. It is easy, looking back now, to see how failing to clearly repeat Fairweather’s promise in writing as part of the HR report was a major oversight resulting in unnecessary stress for you, your team and other municipal employees.

Please reassure your team that there are no reductions at all envisioned or suggested that relate to any current employees of the Town or Village.

Regards,
Don Kerr

On Dec 6, 2012, at 3:56 PM, Amy Cohen <amyblueberry@gmail.com> wrote:
Hello. If the committee would like to meet again I will be happy to second Don's request & meet. However; I will be out of town w/ my family 12/17-1/8. If you decide to meet when I am away it is fine w/ me. However, I will be happy to attend & participate. I would like to know if the committee is in favor of meeting. PLEASE RESPOND TO THIS REQUEST & PLEASE REMEMBER to PRESS ALL to your reply as I am sure EVERYBODY on our committee would like to hear from you!!!
THANK YOU!!! looking forward to everyone's REPLY.
XxAmy

From: Randall Leverette <r.lev@outlook.com>
To: Amy Cohen <amyblueberry@gmail.com>
Cc: Donpaltz <Donpaltz@aol.com>; kevinbarrylaw <kevinbarrylaw@yahoo.com>; yalescribe <yalescribe@att.net>; briankimbiztrustee <briankimbiztrustee@gmail.com>
Sent: Thu, Dec 6, 2012 7:31 pm
Subject: Re: Human Resources meeting

i'm game to meet to bring this to closure.

--
Randall Leverette

From: "donpaltz@aol.com" <donpaltz@aol.com>
To: r.lev@outlook.comamyblueberry@gmail.com
Cc: kevinbarrylaw@yahoo.comyalescribe@att.net;briankimbiztrustee@gmail.com
Sent: Fri, December 7, 2012 9:31:54 AM

Subject: Re: Human Resources meeting

All

If Ross & Brian are game to meet, how about Monday 12/12?

Regards,
Don

On Fri, Dec 7, 2012 at 11:59 AM, <yalescribe@att.net> wrote:

Hi, Don,

I am game to meet, but 12/12 conflicts with a Finance Subcommittee meeting. I could do it later next week, but might have to do so by phone (as with Finance), as my health issues keep flaring up.

Ross

On Dec 9, 2012, at 8:53 AM, "Amy Cohen" <amyblueberry@gmail.com> wrote:

i am available 12/10 (Monday) tomorrow-if all is game?
if we can't get a "regular" meeting room/video-grapher on such short notice-perhaps we should consider having our meeting & having some dinner @ the same time.......
dinner meeting- we could draft our press release & add any amendments to our report.
just an idea folks.
Thank You!
XxAmy

From: Randall Leverette <r.lev@outlook.com>
To: Amy Cohen <amyblueberry@gmail.com>
Cc: "yalescribe@att.net" <yalescribe@att.net>; "donpaltz@aol.com" <donpaltz@aol.com>; "kevinbarrylaw@yahoo.com" <kevinbarrylaw@yahoo.com>; Brian Kimbiz <briankimbiztrustee@gmail.com>
Sent: Sunday, December 9, 2012 1:33 PM
Subject: Re: Human Resources meeting

I'm in for Monday, just let me know where and what time.

From: kevinbarrylaw@yahoo.com
To: r.lev@outlook.com, amyblueberry@gmail.com, donpaltz@aol.com,yalescribe@att.net, briankimbiz@gmail.com
Sent: 12/9/2012 3:35:11 P.M. Eastern Standard Time
Subj: Re: Human Resources meeting

I will see if Town Hall is available tomorrow. Kevin






From: kevinbarrylaw@yahoo.com

To: amyblueberry@gmail.com, briankimbiz@gmail.com, donpaltz@aol.com,r.lev@outlook.com, yalescribe@att.net

Sent: 12/10/2012 10:14:42 A.M. Eastern Standard Time

Subj: (no subject)






Town Hall is available tonight from 6:00 p.m. to 6:30 p.m.

HR email: Pollack, Barry, Kerr 11-26, 11-27-12



From: "yalescribe@att.net" <yalescribe@att.net>

To: Brian Kimbiz <briankimbiztrustee@gmail.com>; Amy Cohen <amyblueberry@gmail.com>; Randall Leverette <r.lev@outlook.com>; Kevin Barry <kevinbarrylaw@yahoo.com>; Donpaltz@aol.com; Ross Pollack <yalescribe@att.net>

Sent: Monday, November 26, 2012 12:01 PM

Subject: 11-26-2012, Noon

Hi, All,

I think I’m current on all the HR Subcommittee e-mails, but I still feel we ought not get caught up in defending a snapshot of where the headcount issue was some weeks ago. Nor do I appreciate some of us being attacked for attempting the task assigned us, or think it is fair to scare employees about “firings” we never intended, never called for, and never had the power to execute.

But having said that, and knowing full well that merger will be opposed, no matter what our numbers and arguments show, I don’t think this is the proper context for joining in such a fight at this time.

For one thing, Deputy Mayor Sally Rhoads said that a grand understanding between herself, Supervisor Zimet, Chris Marx and Bleu Terwilliger ended any question of headcount in the highway/DPW area, by urging that the Town and Village departments be merged at full strength. If that is questioned, I’d like Sally (who will still be overseas on vacation on Tuesday) to be present when the issue is rehashed.

But secondly, our report need only be defended by pointing out that it was correct in context. Surely Mayor West did not create our subcommittee without realizing that headcount would be explored if we were to consider substantial tax savings.

Even at this late date, I’m not sure what the Town’s full headcount was in 211. I’ve heard many numbers, one as high as ten times the Village headcount. To be sure, the Town has wide responsibilities and certain functions (police and Moriello Pool, for example) require more employees to guarantee coverage. While the Village has roughly 7,000 constituents for its functions, the Town focuses on another 7,000 (Town Outside Village residents) for some governmental matters and must serve the full community of 14,000 (including the Village) for others.

I think it wise to discuss merger as broadly as possible – not as one of eight Subcommittees – once the Finance Committee can show numbers for merged cost versus continuing two governments, and when more has been sketched in as to the shape of departments and their responsibilities. Fighting over a discarded DPW headcount estimate for 2015 is hardly the fulcrum of a good debate.

I agree with Amy and Randall. Let’s cancel our Tuesday meeting (or at the least postpone it until Sally Rhoads can explain the understanding regarding highway/DPW merger), issue a press release giving the HR Subcommittee’s current thinking, and add explanatory paragraphs to our report if/where needed.

Ross

From: kevinbarrylaw@yahoo.com
To: amyblueberry@gmail.com, r.lev@outlook.com, donpaltz@aol.com,briankimbiz@gmail.com

Sent: 11/26/2012 2:29:34 P.M. Eastern Standard Time

Subj: Fw: 11-26-2012, Noon

----- Forwarded Message -----

From: Kevin Barry <kevinbarrylaw@yahoo.com>
To: "yalescribe@att.net" <yalescribe@att.net>

Sent: Monday, November 26, 2012 2:09 PM
Subject: Re: 11-26-2012, Noon
Perhaps we should reschedule. Kevin

From: kevinbarrylaw@yahoo.com

To: yalescribe@att.net, donpaltz@aol.com, amyblueberry@gmail.com,r.lev@outlook.com, amyblueberry@gmail.com

Sent: 11/27/2012 10:44:09 A.M. Eastern Standard Time

Subj: (no subject)

I think we should defer to the advice offered by Ross and reschedule our meeting for next week. Kevin

From: "donpaltz@aol.com" <donpaltz@aol.com>
To: kevinbarrylaw@yahoo.com; yalescribe@att.net; amyblueberry@gmail.com;r.lev@outlook.com
Sent: Tuesday, November 27, 2012 10:55 AM
Subject: Re:
All,

SOMEone should inform the Clerks so that they can inform staff.
That someone will not be me.

Regards,

Don

From: kevinbarrylaw@yahoo.com
To: donpaltz@aol.com, amyblueberry@gmail.com, r.lev@outlook.com,yalescribe@att.net
Sent: 11/27/2012 12:54:25 P.M. Eastern Standard Time
Subj: Re:



Brian: Can we get some input from you. Kevin


















HR Email: Barry 11-20-12 (#2)

From: kevinbarrylaw@yahoo.com
To: briankimbiz@gmail.com, amyblueberry@gmail.com, donpaltz@aol.com,r.lev@outlook.com, yalescribe@att.net
Sent: 11/20/2012 6:20:14 P.M. Eastern Standard Time
Subj: Fw: fact-checking brian kimbiz' statement


This email is full of inaccuracies and the dialogue mentioned by Jason was part of our discussion of total headcount within Village departments in an effort to update an earlier draft of the report. Kevin

----- Forwarded Message -----
From: jasonwest.mail <jasonwest.mail@gmail.com>
To: Brian Kimbiz <briankimbiztrustee@gmail.com>; Sally Rhoads <sallymrhoads@gmail.com>; Stewart Glenn <stewartglennnewpaltztrustee@gmail.com>; Ariana Basco <basco54@gmail.com>; Joe Eriole <erioleesq@gmail.com>; Susan Zimet <supervisorzimet@townofnewpaltz.org>; Kevin Barry <kevinbarrylaw@yahoo.com>; Jeff Logan <jtlogan6@aol.com>; Kitty Brown <PlanB@hvc.rr.com>; Jean Gallucci <jpgallucci@gmail.com>; Bleu Terwiliger <bleuterwilliger@villageofnewpaltz.org>; Heather Nielson <HeatherNielson@villageofnewpaltz.org>; Nancy Branco <NancyBranco@villageofnewpaltz.org>; Roseann James <RoseannJames@villageofnewpaltz.org>; Carol Koop <CarolKoop@villageofnewpaltz.org>; Katy Bunker <VillageClerk@villageofnewpaltz.org>; Deputy Clerk <DeputyClerk@villageofnewpaltz.org>; Curt LaValla <CurtLaValla@villageofnewpaltz.org>; Kathy Moniz <KathyMoniz@villageofnewpaltz.org>; Holly Esposito <hollyesposito@villageofnewpaltz.org>; Don Kerr <Donpaltz@aol.com>
Sent: Friday, November 16, 2012 5:43 PM
Subject: fact-checking brian kimbiz' statement


Colleagues --

After waiting patiently (with no success) just more than a week for the HR Consolidation Committee to respond to some basic questions about the facts and methodology of their report, I sent an email to all of you that included this:

"While I have yet to watch the video on the NPPA-23 website to double-check, from what I understand it was at the Sep. 19th meeting where Councilman Barry proposed eliminating eight from the Town Buildings and Grounds Department and Trustee Kimbiz said that the Village could eliminate our Treasurer, Deputy Treasurer, Bookkeeper and Director of Planning".

At our meeting Wednesday night, Brian went on loudly, insulting and at great length about how I am a liar, how I slandered him by writing that sentence to you all, that he outright never said what I "accused" him of, and that the whole conversation and point of the list of positions to be eliminated, etc., etc. I tried to explain that "while I have yet to watch the video on the NPPA-23 website to double-check, from what I understand..." is called a 'caveat', and the purpose of a caveat is to make the truth of one's statement conditional on the truth of something else. I believe you understand Brian's point of view from the letter he sent to Katy to distribute to all of you.

So I looked up what he said exactly. And wrote it down for you.

Below you will find a verbatim transcription from the HR Consolidaton Committee meeting of September 25th. At hour:minute:second mark 1:12:35, you can watch the following exchange between Brian Kimbiz and Kevin Barry. As far as I can see, what I wrote out isn't taken out of context or edited to make it sound like people are saying things they are not. This is part people told me they saw, and they were right. The DVD's are on file in the Clerk's Office. I should also note that Brian several times made the point that if someone has any questions about anything in the report, the DVDs and Minutes have been available. This is only now true: no records of the HR meetings have ever been filed with the Village (unlike every other committee but facilities, which hasn't met). When Katy heard there WERE minutes, she took time out of her day to go find a complete set for our records, and has had to go out of her way to acquire copies of the DVDs/ Not really that big a deal, just another concern. In any case, we now have what we need. However, that doesn't mean that the public or staff should have to plow through dozens of pages and hours of video to find answers and reliable facts that should have been in the Report that got everyone nervous in the first place. At least when the results of mistakes could be peoples' livelihoods.

I thought about following Brian's yearlong example and surprising him at a VB meeting with a poorly thought-through attempt at public humiliation. Unfortunately, it doesn't seem to do him any good, and makes the VB meetings toxic. However, I will, of course, be expecting a sincere, public apology live on camera at our next meetings. After all, what I told Brian I would do if he were right and I were wrong. I assume he will return the courtesy. though i do have to admit, I WAS wrong. Mr. Kimbiz did not, in fact, recommend eliminating four positions. He proposed eliminating five, with no mention of using attrition, and (because he mentions that they came from a list he wrote before the meeting), he cannot be simply brainstorming or tossing around ideas. This was a current tally.

The five positions are: Treasurer, Deputy Treasurer, Bookkeeper, Parking Enforcement Officer full time, Parking Enforcement Officer part time.

Mistakes should not be treated like crimes, but when this committee -- and Brian in particular -- were forewarned about the possible impacts of their work on morale, working environment and ability to get the work done, we need a higher standard. Especially when one of those responsible moves this discussion BACK on camera, and wrongly makes it personal.

In the wake of the aftermath this report created, Supervisor Zimet has been having the exact same conversation with staff as I have been, including a formal meeting with the entire Highway, Buildings and Grounds Dept. And I've heard second hand that the HR Committee is going to be withdrawing their report. When I know more specific details, I'll send them on.

This is verbatim from the DVD. All emphasis is in the original.
KEVIN BARRY "Now, Brian [Kimbiz], you were making a point [which they seem to have sidetracked from just before this part] and that was; you could see which positions [in the Village] being cut?"
BRIAN KIMBIZ "Oh, uh [looks for the right paper]...three of the Treasurer's Department."
KEVIN BARRY "A triple bye? OK, let's look at that. I mean, I have your list here, which is that whole, see that whole Treasurer's Department there?"
BRIAN KIMBIZ "Right, well this is shy one employee already, because [gets cut off]..."
AMY COHEN [cutting in]"'cause you hired somebody..."
BRIAN KIMBIZ "No, because that person...OK, see if we , if we're counting parking enforcement, which was it's own Department and is now under the Treasurer's" [Parking Violations was folded into Treasurer between 2004-2007]
KEVIN BARRY "I had that down as four full-time people."
BRIAN KIMBIZ "It shows four full-time, but one of those is part-time now."
KEVIN BARRY "So three full, one part?"
BRIAN KIMBIZ "Three full, one part. And then the two parking enforcement officers."
KEVIN BARRY "I didn't even touch on that. An then the Town has five and our recommendation is three."
BRIAN KIMBIZ "So cutting the Department in half."


A lot of people are getting this email because a lot of people saw you on TV, and read your letter. I want everyone who might possibly care to know that I am done with this little spat now. And that come Hell or high water, no one's losing their job unless there is absolutely rock-solid proof that we simply don't have any reason to pay someone to do certain things. Not if I have anything to do about it, and since it turns out I have quite a bit to about it, I'll be letting the staff know whatever I do. Please listen to the meeting yourself if you think this is out of context.

In any case, despite Brian's claims, clearly the rumor I had heard was completely true. Mr. Kimbiz DID, in fact, say on TV that he recommended cutting the Treasurer, Deputy Treasurer, and Bookeeper positions. While he is correct that he did not say he recommended eliminating the Director of Planning, he did also recommend cutting everyone involved with parking enforcement. Which I hadn't heard. The problem with all this Brian, is not that you made these recommendations (for all we know it's exactly the right move), but in making them without giving good reason; for not feeling it important enough to provide that reasoning when asked; in not understanding that while it often can take people time to reply, in this case, delaying that information harms other people who have limited ways to protect themselves from us when our actions affect their livelihood. And thinking it appropriate to wait until you had a camera and an audience to do what you did at the Board meeting. Argue with me all you want outside, call me to scream at me if you want (I.ll pick up.). But don't ever try to put on your little private show trial like that again. Those meetings are the hub around which this entire multimillion dollar organization rotates. The Board of Trustees meets only 3 times a year. We only have around nine hours a MONTH to make sure we're carrying our share of the burden. When that limited time is taken up with this kind of petty, personal grudges, it eats up time and emotional energy that we all need for other things.

Send me all the angry emails or letters you want. Stand outside my apartment every morning just so you can bitch me out first thing every day. I don't care.

But leave it at the door when you come into Village Hall.

Jason

HR email: Barry 11-20-12

From: kevinbarrylaw@yahoo.com
To: briankimbiz@gmail.com, r.lev@outlook.com, donpaltz@aol.com,yalescribe@att.net, amyblueberry@gmail.com
Sent: 11/20/2012 5:56:55 P.M. Eastern Standard Time
Subj: Fw: more misinformation from Brian Kimbiz

I suggest we prepare a written response to this email. Brian- please forward to us for our review the letter which Jason claims you distributed . Kevin

----- Forwarded Message -----
From: jasonwest.mail <jasonwest.mail@gmail.com>
To:
Cc: briankimbiztrustee@gmail.com; sallymrhoads@gmail.com;stewartglennnewpaltztrustee@gmail.com; basco54@gmail.com;erioleesq@gmail.com; supervisorzimet@townofnewpaltz.org;kevinbarrylaw@yahoo.com; jtlogan6@aol.com; PlanB@hvc.rr.com;jpgallucci@gmail.com; bleuterwilliger@villageofnewpaltz.org; HeatherNielson@villageofnewpaltz.org; NancyBranco@villageofnewpaltz.org; RoseannJames@villageofnewpaltz.org; CarolKoop@villageofnewpaltz.org; VillageClerk@villageofnewpaltz.org; DeputyClerk@villageofnewpaltz.org;CurtLaValla@villageofnewpaltz.org; KathyMoniz@villageofnewpaltz.org;hollyesposito@villageofnewpaltz.org
Sent: Tuesday, November 20, 2012 2:21 PM
Subject: more misinformation from Brian Kimbiz

Dear Village Board, Town Board and Village Staff --

I don't know why Brian threw Jean Gallucci under the bus and blamed her for advising him to eliminate positions.

I just got off the phone with Jean, and she is furious. Since she doesn't use email often, I figured I'd let everyone know that, no: our former Clerk-Treasurer did not recommend eliminating the office she ran and helped design. She also did not advise anyone to fire her husband. That one should have seemed obvious.

In fact, Jean tells me she didn't advise the HR Committee on a thing.

I would normally try to assume the best, and think that maybe Brian got confused somewhere. Except he took the time to write a letter and have it distributed. If he did so without bothering to find out if Jean did, in fact, give this advice, then frankly, it would be par for the course for the caliber of his work.

Trust me: from now on I will be watching you like a hawk and publicly exposing every lie you tell. You have pick choices moving forward as far as I can see.

1) Grow up and spend the last few months of your career in public service finally doing your job, ending on a high note.
2) Continue the way you are and look forward to months of my mercilessly cutting you down live on TV every time you try to fuck with someone like this again. And unlike you, I will have references and footnotes. Trust me when I tell you I will win every single political and PR fight you try to pick.
3) Wait out the last few months of your term by sitting silently while the grownups talk.
4) Quit.

Pick one. Personally, I have no preference.

And don't ever treat the staff, volunteers or electeds as callously as you have ever again.

Jason