Village of Tivoli Public Advisory: Notice of Elevated Lead Levels in Soils at Former Water Tower Site

What is the advisory?

The Village of Tivoli has received soil sample data indicating levels of lead in the soil under the former water tower, in Memorial Park, that are elevated above New York State Soil Cleanup Objectives.

How did we learn about this?

When the old water tower was removed, before and after soil samples were taken as a routine precaution to ensure no lead was released during the take-down. While the before and after samples were found to be the same, both indicated elevated lead levels, meaning the presence of lead predated the removal of the old tower.

What is lead and how can I be exposed to it?

Lead is a heavy metal that is naturally occurring in soils at low levels. Human activity has increased lead levels in soil from sources such as paint and automobile emissions from leaded gasoline. Although the use of lead paint been discontinued since the late 1970s, historic use of leaded products may result in elevated lead levels in soils in the vicinity of buildings and structures historically coated with lead paint.

Exposure to lead in soils commonly occurs when people come in contact with bare soils and soil particles are inhaled or ingested. Having a dense grass or vegetation cover over lead contaminated soils reduces exposure potential.

Lead in surface soils at Memorial Park is very unlikely to affect the quality of the Village’s drinking water. The Village’s water supply is drawn from wells that draw water from the underground aquifer. The Tivoli Water System is in compliance with the Lead and Copper Rule for drinking water.

How is the Village addressing the issue?

The Village has notified the Dutchess County Department of Community and Behavior Health and the New York State Department of Environmental Conservation. The Village and its environmental consultant are working with the agencies to develop a plan to determine the extent of lead in the soils near the former water tower and identify appropriate corrective action.

The Village will be restricting access to the area in the vicinity of the former water tower with snow fence. The Village’s environmental consultant will be collecting additional soil data to determine the extent of the soils with elevated lead levels. During this time, we ask that Memorial Park users avoid entering the restricted area.

The Village will provide additional updates through the Village website and email notification system as information becomes available. The assessment of soil lead levels in the vicinity of the former water tower is expected to take one month.

Meeting Date : March 28, 2016
Download Minutes : Download File

Call to Order / Determination of Quorum
The meeting, held at the Historic Watts de Peyster Hall, was opened at 7:00PM and a quorum
was determined to be present for the conduct of business.

Planning Board Attendees:
Chair Mike Billeci
John Hallstein
Ginger Grab
Pamela Morin
Donna Matthews

Also Present:
Village Planner Michele Greig
Applicant’s Ricardo and Marisi Fernandez
Trustee Susan Ezrati, Board Liaison

Dave and Karen Cleaveland

Chair Mike Billeci opened the meeting at 7:00 PM.

ROJO Tapas and Wine Bar
Donna Matthews moved to open the public hearing regarding ROJO, the potential new Tapas
and Wine Bar on Broadway, John Hallstein seconded; all in favor.

Marisi and Ricardo provided a summary of their project. The Site Plan was reviewed, and it was brought up that one more table should have been included in the back as existing, and this is to be corrected in the legend.

Marisi feels as though they have been responsive to all of the Board’s comments and suggestions. She went on to say they both enjoy the Village, its quality of life, the art of the
community, and they hope to enhance the Village while offering something new.


Public Comment was invited by Chair Mike Billeci:
Karen Cleaveland of 72 Broadway inquired about the tables which were possibly going to be in
the front of the restaurant. Karen is concerned about dining with alcohol on the sidewalk due to open container laws, and she believes there will need to be a barrier between the tables and the pedestrian walkway.

Marisi will check with the Liquor Authority and follow their instructions on a barrier.

Karen brought up handicapped accessibility; she feels this is an issue, however, it appears the
business will be grandfathered in.

Karen made mention of the Zoning Code 23165 regarding garbage. She is concerned about
the sight of trash cans. She read from the Zoning Code, and reiterated that trash cans need to
be in an enclosed structure. Space where the trash cans could be placed, along with being
enclosed, was discussed.

Dave Cleaveland of 72 Broadway asked how servers will serve food without entering into the
pedestrian sidewalk. A discussion took place regarding the tables on the sidewalk, once again,
and the barrier.

Dave mentioned parking and its’ availability for patrons off street and on street.

Noise was Dave’s next issue, and he expects ROJO will meet code requirements. It appears
his confidence in ambient and background music is minimal. Michele Greig reiterated the code and stated ROJO will comply. If in the future there is no compliance, Code Enforcement will have to be notified.

Regarding lighting, Dave expressed concern about the lighting in the front, as well as the rear of the building. ROJO will not be incorporating more lighting in the front or rear, and it will be directed towards their sign.

On a motion to close the public hearing by Donna Matthews, and seconded by Pamela Morin;
the public hearing was closed at 7:25 PM; all in favor.

Chair Billeci reviewed the memo by Michele Greig, and it was determined that the applicants will move the dumpster and enclose the dumpster in a specific space. Dumpsters will be enclosed within a wooden fence, at least 70 inches in height.

The Board agreed the Resolution would be amended to show these modifications, along with a
date correction, along with adding the revision date.

Content for a Signature Block is to be forwarded to the applicant; and a new Site Plan reflecting changes will be provided to the Planning Board Chair for signature.

Frontage of the space and planters were touched upon, and should be shown on the plan.


On a motion by Ginger Grab, and seconded by Pamela Morin, a public Hearing will be set for
April 4, 2016 at 7:30 in the Town of Red Hook. There will be 5 postings, along with published in the Village’s specific newspaper. The posting will also be forwarded to Sue McCann, Town of Red Hook Clerk. Kathleen Flood has notified all required regarding farm operations and the Ag data report.

The Planning Board reviewed the LWRP. On the LWRP notes were made on 7A, not applicable, 24A was fine, 25A should be yes. It was recommended that Chair Billeci initial and date the changes to the LWRP. On a motion by Pamela Morin and seconded by Ginger Grab, the LWRP was accepted and approved; all in favor.


Solar Guidelines – Village Board
Trustee Ezrati made a presentation regarding the Solar Guidelines. Documents were provided
to each Planning Board member; the Village is requesting permission to use Solar Guidelines
and make them available to residents.

The Chair and Board reviewed the LWRP; a motion was made by Ginger Grab that the
guidelines and the LWRP were consistent, seconded by Pamela Morin; all in favor.

The Board reviewed the DRAFT minutes from the February 22, 2016 meeting; on a motion
made by Donna Matthews and seconded by John Hallstein; the minutes were accepted.


Donna Matthews moved to close the meeting at 8:10 PM. Ginger Grab seconded. All in favor.
Motion carried.

Respectfully submitted,


Robin L. Bruno
Village Clerk