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TOWN OF TUXEDO

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Agenda for Town Board Meeting February 13, 2012

Call to Order
Pledge of Allegiance

Minutes
Monthly Reports
Public Comments on Agenda Items

1. Town Supervisor/Town Board Update

2. Resolution to Approve Annual Towing Permits

3. Resolution to Waive Building Permit Fees for Sterling Forest Firehouse Addition

4. Resolution to Authorize Town Clerk to Attend the NYS Town Clerks Association Training Conference in Saratoga, New York, April 22 through April 25, 2012

5. Notification of Indian Point Siren System Test - February 15, 2012

6. Any other business as may come before the Board after this Agenda is posted

Public Comments
Budget Transfers
Vouchers

Adjournment

New Time and Place for February 13 Town Board Meeting

The Town Board meeting on Monday will commence at 7:00 p.m. and will take place at the Tuxedo Ridge Ski Center on Route 17.

Town of Tuxedo 2012 Adopted Budget

Click here to view budget

Agenda For Special Town Board Meeting January 30, 2012

Call to Order
Pledge of Allegiance

1. Special Meeting for the Sole Purpose of the Review and
Approval of 2011 Year-End Budget Transfers

Adjournment

Reoranization Meeting and Regular Town Board Meeting January 23, 2012

The Town Board held their annual Reorganization meeting on Monday, January 23, 2012 at 7:30 pm. Councilman Phelps was absent.

The meeting began with a moment of silence for Town residents August Sauer and Donald Demi, Sr., both of whom died recently.

The following appointments were made:

The yearly salaries were approved for the following Town Officials:
(These salaries represent a 3.5% raise for all employees of Town Hall)

The regular bi-monthly meeting of the Board followed.
Town Supervisor/Town Board Update:

Supervisor Dolan reported that he is still working on the proposed dog park to be located under the power lines off South Gate Road. He has secured permission from Orange and Rockland and now needspermission from PIPC, the landowner. The Supervisor also announced that the Town website will have a makeover within the
next couple of weeks, making it much easier to use.

Councilman Loncar reported that he attended the Greenwood Lake School Board meeting where the Tuxedo School District presented their arguments for keeping the Greenwood Lake students in the Tuxedo District. It was his opinion that the presentation went very well. He also attended the presentation made by the Warwick School Board and announced that Monroe Woodbury has pulled out of consideration.

Supervisor Dolan met with the WatchTower who are looking to build temporary housing on the old International Paper site while they are working on the former Kings’ College property.

Councilmen Matthews and Phelps attended a meeting in Mahwah of officials from Ramapo river towns Mahwah, Oakland, Fairfield, Pequannock, Sloatsburg and Tuxedo to discuss flooding problems. Although no immediate solutions were found, the Towns have pledged to keep in contact with one another via email. It will be difficult to have a united effort to de-silt and de-snag the river because they are dealing with two different states and many different municipalities.

Resolutions:
The following resolutions were passed:
• a resolution authorizing a Records Management Consulting Services agreement with Bowne Management Systems. They will be helping to write a LGRMIF grant at no cost to the Town.
• a resolution authorizing the execution of agreement with the Warwick Humane Society. This is the Town’s annual agreement for handling animals.

Public Comments:
Jake Matthews stated that he is very pleased to hear that the Town will have a new, updated website-something he felt was badly needed. He wondered if the Town had any plans to make the Town Code available online as, for example, the Village of Tuxedo Park and the Town of Warwick do. He explained that the code could actually be housed on another site with just a link from the Town site thereby saving space and fees. He was told that the Town has no plans to do this, however, because they do not want to give up the revenue they presently get from selling copies of the code to
prospective builders.

The meeting was adjourned into an Executive Session to discuss litigation.

Agenda for Reoranization Meeting and Regular Town Board Meeting January 23, 2012

Call to Order
Pledge of Allegiance
PERIOD OF SILENCE AND REFLECTION TO HONOR MEMORIES OF
AUGUST SAUER AND DONALD DEMI

2012 REORGANIZATION MEETING

REGULAR BI-MONTHLY MEETING
Minutes
Monthly Reports
Public Comments on Agenda Items

1. Town Supervisor/Town Board Update

2. Resolution to Authorize Records Management Consulting Services Agreement

3. Resolution to Authorize Execution of Agreement with Warwick Humane Society for 2012 Animal Shelter Services

4. Any other business as may come before the Board after this Agenda is posted

Public Comments
Budget Transfers
Vouchers

EXECUTIVE SESSION for the purpose of discussing litigation brought against the Town by Tuxedo Land Trust, Thomas Wilson, Mary Graetzer, Robert McQuilkin, Peter Regna, Torne Valley Preservation Association and Patricia Wooters

Adjournment

Town Board Meeting January 9, 2012

The Town Board met on Monday, January 9, 2012 at 7:30 pm. All members were present.

The meeting began with the pledge of allegiance led by the members of Tuxedo Boy Scout Webelos Pack 46 who are working on their achievement award.

Administration of Oaths of Office of Elected Officials
Oaths were administered to Supervisor Dolan, Councilmen Matthews and Phelps and Highway Superintendent Pfizenmaier.

Public Comments on Agenda Items
Andy Rogers noted that the Town Attorney was not present and asked if there would be an Executive Session following the meeting. The Supervisor replied that there would. Mr. Rogers then pointed out that this was the first time that the Article 78 suit brought against the Town was not being discussed in an Executive Session and he wondered if this meant there was news about the suit. Mr. Dolan replied that there was no news and the only reason the lawsuit was not being discussed was because Town Attorney Nichols could not be present.

Town Supervisor/Town Board Update:
Supervisor Dolan is in receipt of a report from Town Engineers, H2M, containing their recommendations for modifications to the Town wastewater treatment plant, which will be made in the event that Tuxedo Reserve is not built. This report was mandated by the DEC. He also reported that Tuxedo Reserve had come before the Sloatsburg Planning Board in December, 2011 and his understanding was that they had left the application open for further review.

The Supervisor then described a New York Works Neighborhood Rebuilding grant, which he hopes the Town will be applying for. The grant would enable 8 presently unemployed men to work for 12 weeks helping to clean up damage from Hurricane Irene. Specifically, Mr. Dolan would like to have the men clean the Ramapo river-bed. He reported having had a conversation with Tuxedo Park Mayor Wilson and has forwarded the details of the grant to him.
A letter from Chris Cockburn, Ski School Director at Tuxedo Ridge was read into the record. It described an incident of stolen snowboards, which were found and recovered with the suspects taken into custody by Officers Shiloh and Biagini. Mr. Cockburn expressed gratitude to the entire police department and commended Officers Shiloh and Biagini for their work.

Resolutions:
The following resolutions were passed:

- a resolution setting the schedule of 2012 Town Board meetings. They will be held on the 2nd and 4th Mondays of the month at 7:30 pm

- a resolution to adopt provisions of Assessment Relief Act for Properties with 50% or more loss of value due to Hurricane Irene. This will apply to properties which lost 50% of their total value due to flooding. There is a short application, obtainable from the Town Clerk or the Town Assessor, to be filled out. The Assessor will decide if the property is eligible. The deadline for applying is March 8,2012. This will only be for Town taxes although the Supervisor has forwarded the details to the Superintendent of Schools. The School Board will have to pass a separate resolution covering their taxes.

- a resolution to appoint Fred Jones to the Board of Assessment Review. Mr. Jones will replace Leon Gastone who passed away recently.

- a resolution to appoint Christopher McGrady as seasonal snow plow operator
confirmation of the appointment of Joanne Ennis as 1st Deputy Town Clerk. Ms. Ennis will replace Nina Matthews who is retiring.

- a reminder of the Annual Reorganization meeting which will take place on January 23, 2012 at 7:30 pm

Public Comments:
Mary Graetzer inquired whether or not the Board had made a decision with regard to a new Planning Board Chairman as Nils Gerling has retired. Supervisor Dolan replied that Mr. Gerling would still act as Chairman for the next meeting scheduled for January 10, afterwhich, Planning Board member Joseph Gartiser, who is the senior member on the Board will become Chairman. Interviews are being held for a new member of the Board.

John Kwaznicki mentioned the recent death of longtime Tuxedo resident August Sauer and a moment of silence was observed

Dan Castricone gave a short update on County business during which he reported that he has been named Chairman of the Employment and Compensation Committee.

The meeting adjourned into an Executive Session to discuss a potential employee disciplinary action.

Agenda for Town Board Meeting January 9, 2012

Minutes
Monthly Reports
Public Comments on Agenda Items

1. Town Supervisor/Town Board Update

2. Resolution to Set Schedule of 2012 Town Board Meetings

3. Resolution to Adopt Provisions of Assessment Relief Act for Properties with 50% or More
Loss of Value due to Hurricane Irene/Tropical Storm Lee

4 Resolution to Appoint Fred Jones as Board of Assessment Review Member

5. Resolution to Appoint Christopher McGrady as Seasonal Snow Plow Operator

6. Confirmation of Appointment of Joanne Ennis as 1st Deputy Town Clerk

7. Reminder of Reorganization Meeting on January 23, 2012

8. Any other business as may come before the Board after this Agenda is posted

Public Comments
Budget Transfers
Vouchers

EXECUTIVE SESSION for the purpose of discussing potential employee disciplinary action

Adjournment

Town Board Meeting December 12 2011

The Town Board met on Monday, December 12, 2011 at 7:30 pm. Councilman Darling was absent.

Town Supervisor/Town Board Update:
Supervisor Dolan read a letter written byresidents Ken English and Carolyn Kelly, whose house in Laurel Ridge recently burned down. In the letter, they thankthe fire departments and the police or their help and service.

Councillwoman Spivak read a letter written by Mary Jo Guinchard, on behalf of the Hurricane Irene Relief Committee, which gave a final accounting of funds collected and dispursed and thanked everyone who had contributed.

The Supervisor reported that he is actively looking for locations to create dog parks in Town and has had some preliminary discussions with Orange & Rockland about possibly locating one under the power lines off South Gate Road. The initial response from O&R has been positive. Additionlly, the supervisor had a meeting with Town Engineers at which they discussed housing in the East Village, the East Village bridge replacement, the mulch pile (Engineers will inspect on January 15th) a proposal for a hydroelectric plant and the waste water treatment plant. There is a possibility that there may be grant money available to clean out the Ramapo River stream bed and Supervisor Dolan is planning to pursue this potential opportunity. The Town is having some difficulty with collecting funds owed from certain residents. Supervisor Dolan suggested that the Board consider instigating a new policy requiring applicants before the Planning and/or Zoning Boards to pay a fee which would be held in escrow in order to pay for consultants. Finally, Annie Rabbit has informed the Supervisor that the Thruway Authority plans to remove the East Village berm sometime this month.

Resolutions and Notifications:
The following resolutions were passed:
a resolution scheduling the 2012 Reoganization Meeting for January 23 at 7:30 pm. The regular bi-monthly meeting will follow. Swearing in of recently elected officials will take place at the first meeting of the new year on January 9th.
The December 26th Town Board meeting has been cancelled due to the holidtay.
a resolution appointing JS Braddock Co. as the Town’s General Liability Insurance Company.
a notification that the Town will be switching electricity suppliers under the O&R PowerSwitch program.

Public Comments:
Andy Berish stated that he’d heard Tuxedo Reserve had recently submitted a 32 page summary of their plans to the village of Sloatsburg and asked for an explanation of why they had done that. He further noted that Town Board meeting agendas indicated that the Board had been discussing Tuxedo Reserve in Executive Session for months and asked for an update on the application. The Board members explained to Mr. Berish that their discussions in Executive Session were centered on litigation and thus they could not legally discuss it in public. They also said they had no knowledge of any submissions by Tuxedo Reserve to the Village of Sloatsburg.

Jim Hays asked for an accounting on the mulch operation and the dirt pile (DeMarino property). In particular, he wanted to know what plans had been made to limit the growth of both operations. Supervisor Dolan responded that the DEC is in charge of the Ramapo River and as DeMarino is in compliance, the Town has no jurisdiction over them. Building Inspector Maikisch makes regular inspections of the site. The mulch pile is in the process of being brought into compliance. They will be doing more grinding in order to reduce the height of the piles and leaves are no longer accepted.

Agenda for Town Board Meeting December 12 2011

Call to Order
Pledge of Allegiance

Minutes
Monthly Reports
Public Comments on Agenda Items

1. Town Supervisor/Town Board Update

2. Resolution to Schedule 2012 Reorganization Meeting

3. Resolution to Appoint Town General Liability Insurance Company

4. Notification of Change in Electricity Supplier for Town Offices through O&R PowerSwitch® Program

5. Any other business as may come before the Board after this Agenda is posted

Public Comments
Budget Transfers
Vouchers

EXECUTIVE SESSION for the purpose of discussing litigation brought against the Town by Tuxedo Land Trust, Thomas Wilson, Mary Graetzer, Robert McQuilkin,
Peter Regna, Torne Valley Preservation Association and Patricia Wooters

Adjournment

Town Board Meeting November 28, 2011

The Town Board met on Monday, November 28, 2011 at 7:30 pm. All members were present.

Public Hearing: 2012 Woodlands Sewer Rates
There will be no change in the rates for the 11th year in a row. There were no comments.

Town Supervisor/Town Board Update:
Supervisor Dolan reported having met with representatives from the County regarding the replacement of the bridge to the East Village. Plans call is for the bridge to be moved to the left and positioned where the DEC sign is now located. After the new bridge is constructed, the old one will be removed. Estimates for completion of the project are by the end of 2013. The money is in place but some approvals are still needed.

The Town is actively pursuing a replacement for Planning Board Chairman, Nils Gerling. So far, one application has been received and that person will be interviewed in the next two weeks.

Supervisor Dolan met with the Town Judges and hopes to do so every six months henceforth. The Judges have asked that their dollar amounts be reported collectively rather than individually going forward and the Supervisor has agreed to do this.

Resolutions:
The following resolutions were passed:
• a resolution to adopt 2012 Woodlands Sewer Rates
• a resolution to appoint Gardner Hempel as Member of Board of Fire Commissioners. Mr. Hempel received recommendations from all three fire districts
• a resolution to authorize agreement for snow and ice control on Old Forge Road in Warwick. The Town will be paid $5000. This has been in effect for the last several years.
• a resolution to grant a special permit for Our Lady of Guadalupe Torch Relay Run which will take place on 12/4/11 at 1 pm. The participants will arrive at the Train Station and will run to Highland Mills. There will be a police escort but since there are 3 officers on duty and Chief Welsh has volunteered to be the lead car, there will be no expense to the Town.

Reminders and Notiifications:
• the Town Christmas Tree Lighting will take place at the Train Station December 4th at 5 pm. The George F. Baker Choir will perform and there will be visits with Santa and photos by Dragonfly Studio.
• a Holiday Puppet Show will take place on December 18th at 3 pm at the American Legion Hall.
• the Town Hannukah Celebration will take place on December 26th at 6:30 pm at the North end of the Train Station Parking Lot. There will be a reception following the ceremony in the Train Station.
• the Holiday Toy Drive which will take place through December 20th. Drop off for new, unwrapped toys is at Town Hall, the Library, Post Office and Police Station.

Other Business:
Supervisor Dolan announced that the Board would be signing Police Chief Welsh’s contract by the end of the week.

Public Comments:
Mary Graetzer asked if the Board was actually still discussing the Article 78 law suit, and was told yes and they hope to have a resolution within a few days or certainly by the end of the month.

Nate Wolinksy reported having researched a new recording device for Town Board meetings. The machine, which has been used in numerous courtrooms, comes with 3 microphones and will record onto an SD card. The Supervisor mentioned the possibility of filming the meetings as well, and Mr. Wolinsky said he could research that option.

Agenda for Town Board Meeting November 28, 2011

Call to Order
Pledge of Allegiance

Public Hearing: 2012 Woodland Sewer Rates

Minutes
Monthly Reports
Public Comments on Agenda Items

1. Town Supervisor/Town Board Update

2. Resolution to Adopt 2012 Woodlands Sewer Rates, Unchanged from Prior Year

3. Resolution to Appoint Gardiner Hempel as Member of Board of Fire Commissioners

4. Resolution to Authorize Agreement for Snow and Ice Control on Old Forge Road in Warwick

5. Resolution to Grant Special Permit for Our Lady of Guadalupe Torch Relay Run - 12/04/2011 at 1:00 p.m.

6. Reminder of Christmas Tree Lighting Ceremony at Train Station - 12/04/2011 at 5:00 p.m.

7. Notification of Holiday Toy Drive through 11/20/2011 - Drop-Off Sites-Town Hall, Library, Post Office, Police Station

8. Any other business as may come before the Board after this Agenda is posted

Public Comments
Budget Transfers
Vouchers

Adjournment

Town of Tuxedo 2012 Adopted Budget

Click here to download the 2012 Adopted Budget.

Town Board Meeting November 14, 2011

The Town Board met on Monday, November 14, 2011 at 7:30 pm. All members were present.

The meeting began with a moment of silence for former Ramapo Police Chief Joseph Miele who died recently.

Public Hearing on 2012 Preliminary Budget:
George Mollo, of the Woodlands, was the first speaker. He stated that in his view the budget was filled with “sloppiness and unprofessionalism.” He found many errors within the document and said they cast a doubt over his belief of the document as a whole. In particular, he questioned the figures for both the Joint Fire District and the Library District. Town Attorney Don Nichols replied that these are two areas of the budget over which the Town has absolutely no control. Bookkeeper and Deputy Budget Officer Pat Sullivan added that the Town had only very recently received the numbers from the Fire District and that they had needed to wait until after the election for the final Library numbers. She further stated that the Town has changed their method of accounting on these two items at the request of Orange County. Mr. Mollo also questioned the budgeting of attorney fees, stating that while they had been budgeted for $55,000, the year to date actual figure was $156,799 however despite the obvious difference, they were once again budgeted for $55,000! It was explained to Mr. Mollo that the difference in the two figures had been reimbursed to the Town, mostly by The Related Companies, developers of Tuxedo Reserve. Mr. Mollo responded that if this was so, then the amount reimbursed should show up somewhere else in the budget as revenue. The Board offered to change the process next year in order to reflect the offset revenue which was reimbursed to the Town for attorneys, engineers and planners. Supervisor Dolan also noted that sometimes applicants coming before the various Boards had not paid their bills. In this case, he often personally initiates the collection of past due amounts.. Finally, Mr. Mollo expressed concern with the proposed raises for employees. He noted that last year, the Board members had voted themselves a 42% raise because they believed that they were underpaid, however this year they weren’t even given the same 3.5% raise that everyone else was getting. Councilman Phelps stated that because of the 2% tax cap that they are required to work with, the Councilmen had foregone their raise. Bookkeeper Sullivan, however, stated that the adopted budget showed that there would be a 3.5% increase for all employees including the Councilmen.

Mary Hanson asked for an explanation of the increase in Real Property Tax revenues ($238,911) Bookkeeper Sullivan explained that the assessed valuation of properties in Town (outside the Village of Tuxedo Park) had gone down and consequently, the Town would have to collect more money from the residents. Revenue from other sources has been brought in to offset some of that. Also, the Town was able to take money out of the fund balance to offset the increase so taxes will not be going up 16% as this line in the budget did. Supervisor Dolan further explained that for the last several years, the Town had been trying to save money to pay off the outstanding bonds, but this year the Board has decided to use some of that money to keep the tax rate at 2%. Mrs. Hanson also asked about revenue from the mulch pile, located on Long Meadow Road. Supervisor Dolan responded that it was roughly $200,000. Mrs. Hanson then asked where that appeared in the budget and was told that it was located under Rental of Real Property. The 2012 budgeted amount is $225,000.

Cami Fischer, of Tuxedo Park, asked if the Mulch facility was presently closed. Supervisor Dolan replied that the facility was open, but not for leaves. Mrs. Fischer then wondered what would it take to get bring the facility back into compliance and Supervisor Dolan responded that they would not resume picking up leaves. He further stated that the facility had a 10,000 yard permit for leaves but they had exceeded that and received a fine. Perfect Cut was then told to remove all the leaves ,which they have done, and will be reimbursing the Town for the fine. Henceforth, the only people allowed to bring leaves to Perfect Cut will be the Town of Tuxedo Highway Department and the Village of Tuxedo Park DPW. Mrs. Fischer mentioned having a friend who lived near the mulch facility who had mentioned hearing and see trucks going in and out late at night. She wondered if there was anyone there monitoring the trucks so that the Town would know that they were actually receiving the money they were supposed to get and she was told that yes, trucks were being monitored. She further inquired if the material had been tested and was told that it had been.

Nate Wolinksy inquired as to how much money the Town had paid back on their bonds to date and was told almost $2 million. He then commented that he didn’t think any other Town in Orange County had managed to do that, and he felt the Board should be congratulated for doing so.

Frank Peverly suggested that since there were a number of residents present who were interested in the budget, the Board should consider adding explanatory footnotes to the process next year. In his opinion t this addition would add to the transparency of the process. The Board agreed that this was a good idea.

Public Hearing on 2012 Special District Assessment Rolls:
There were no public comments so the hearing was closed.

Public Comments on Agenda Items:
There were no public comments on agenda items.

Town Supervisor/Town Board Update:
Supervisor Dolan reported that he has been working with Town Planner Bonnie Franson on modifications to the Town’s Zoning. Frank Peverly, Chairman of the Zoning Board has also been working on this. The changes will bring the zoning code into alignment with the recently adopted Master Plan. Mr. Dolan hopes to have documentation ready by mid December.

The Supervisor reported receiving a letter from the New York Thruway Authority in which they state that they will be removing the berm due to requests from East Village residents. The letter also notes that at this time they do not anticipate there becoming available any further funding for a sound barrier

Resolutions:
The following resolutions were passed:
a resolution adopting the 2012 Final Budget. The rate increases will be 1.27% for the Village and 1.94% for the Town
a resolution to schedule the annual Public Hearing on Woodlands Sewer Rates for November 28, 2011 at 7:30
a notification that there will be a Full-Volume Test of the Indian Point Siren System on November 15th between 10 and 11 am.
a resolution appointing James P. Ward as Part-Time Police Dispatcher

Public Comments:
Frank Peverly remarked that he considers it a public safety concern that there is presently not a bridge over Summit Brook. Supervisor Dolan responded that a bridge has been ordered and will be installed as soon as it arrives.

Mary Hanson, a Planning Board member, corrected the Supervisor’s statement that he had initiated proceedings to collect past due amounts from a Planning Board applicant, explaining that in actuality, it was a neighbor of the applicant who informed them that this bill had not been paid and thus the applicant was not heard at the last meeting.

John Kwaznicki, of Sloatsburg, inquired as to whether or not the Town had done an Environmental Assessment Form (EAF) for the recently adopted Master Plan and if so had there been a negative declaration. The answer to both questions was yes.

The meeting was adjourned into an Executive Session to discuss litigation.

Agenda for Town Board Meeting November 14, 2011

Minutes
Monthly Reports
Public Comments on Agenda Items
1. Town Supervisor/Town Board Update
2. Resolution to Adopt 2012 Final Budget
3. Resolution to Schedule Annual Public Hearing on Woodlands Sewer Rates
4. Notification of Full-Volume Test of Indian Point Siren System - November 15, 2011
5. Any other business as may come before the Board after this Agenda is posted
Public Comments
Budget Transfers
Vouchers

EXECUTIVE SESSION for the purpose of discussing litigation brought against the Town by Tuxedo Land Trust, Thomas Wilson, Mary Graetzer, Robert McQuilkin, Peter Regna, Torne Valley Preservation Association and Patricia Wooters

Adjournment

Meeting October 11, 2011

The Town Board met on Tuesday, October 11, 2011 at 7:30 pm. Councilman Darling was absent.

Public Hearing: Introductory Local Law Entitled “Tax Levy Limit Override”
Supervisor Dolan announced that since the last meeting, he had finished putting together the tentative budget for 2012. Since the total budget amount is approximately 1.99% higher than last year’s budget, there is no need to override the 2% tax cap and thus no need for this law.

Town Supervisor/Town Board Update:
Supervisor Dolan reported that he conducted an exit interview with State auditors and that the Town came out “with flying colors.” He also reported having had met with the PBA and commented he was hoping to have a police contract finalized by the end of November. He has also been meeting with different healthcare providers as he is looking into changing the provider for Town employees next year.

Resolutions/Announcements:
The following resolutions and acknowledgments were passed:
acknowledgment of filing of 2012 Tentative Budget on September 30, 2011
a resolution to schedule public hearings on 2012 Preliminary Budget and Special Improvement District Charges, including Hamlet Sewer and Sterling Mine Estates Drainage District. This hearing will be held on November 14, 2011 at 7:30 pm
a resolution to appoint Sudhir Desai as Zoning Board of Appeals member. Mr Desai has been the alternate member of this board and will serve out the term of Brian Sullivan who has resigned from the Board. The term expires on 12/31/2012.
a resolution to appoint Nancy Kaufer as Parks and Recreation Advisory Board member to fill the term of Rachel DiPaolo which expires on 12/31/11
a resolution to grant Special Use and Special Sign Permits for the Arts & Crafts Fair at the Eagle Valley Firehouse on November 6, 2011.acknowledgment of receipt of liquor license renewal for the Lodge Restaurant at Tuxedo Ridge Ski Center notification of Free Electronics Recycling Event to be held on Saturday, October 15, 2011 at Town Hall

Other Business:
The Board passed a resolution to pay Marangi Disposal the amount of $20,493.08 in carting and dumping fees. These fees are directly attributable to the clean up of the East Village after Hurricane Irene. The Town has applied for FEMA funds to cover this bill and still hopes to be reimbursed for the FEMA funds to cover this bill and still hopes to be reimbursed for the charge.

Public Comments:
George Mollo inquired as to when the Preliminary Budget would be available to the public. Supervisor Dolan replied that it would not be much different from the tentative budget and that Mr. Mollo should call the Town Clerk the next day for a date.

Suzanne Papke asked what Supervisor Dolan expects the new Town revenue streams to be. The Supervisor responded that he couldn’t comment on it at this time as he is still working on it.

The meeting adjourned into an Executive Session to discuss litigation.

Agenda for Town Board Meeting October 11, 2011

Call to Order
Pledge of Allegiance
PUBLIC HEARING: Introductory Local Law Entitled “Tax Levy Limit Override”
Minutes
Monthly Reports
Public Comments on Agenda Items

1. Town Supervisor/Town Board Update

2. Acknowledgment of Filing of 2012 Tentative Budget on September 30, 2011

3. Resolution to Schedule Public Hearings to Receive Comments on 2012 Preliminary Budget and Special
Improvement District Charges, Including Hamlet Sewer and Sterling Mine Estates Drainage District

4. Resolution to Adopt Local Law Entitled “Tax Levy Limit Override”

5. Resolution to Appoint Sudhir Desai as Zoning Board of Appeals Member

6. Resolution to Appoint Nancy Kaufer as Parks & Recreation Advisory Board Member

7. Resolution to Grant Special Use and Special Sign Permits for Arts & Crafts Fair at Eagle Valley Firehouse - 11/06/2011

8. Acknowledgment of Receipt of Liquor License Renewal for the Lodge Restaurant at Tuxedo Ridge Ski Center

9. Notification of Free Electronics Recycling Event - Saturday, October 15, 2011 - Tuxedo Town Hall

10. Any other business as may come before the Board after this Agenda is posted

Public Comments
Budget Transfers
Vouchers

Adjournment

Town Board Meeting September 26, 2011

The Town Board met on Monday, September 26, 2011 at 7:30 pm. Councilmen Darling and Phelps were absent.

Public Comments on Agenda Items:
Andy Berish asked about the meaning of tax certiori proceedings and was told that they are the legal proceedings that follow when someone challenges their tax assessment.

Mary Graetzer noted that according to the agenda, the Town was planning to ask the Tuxedo Park Water Company for a discount on residents bills due to the hurricane. She wondered if they also planned to ask for such discounts from United Water and Orange & Rockland. Supervisor Dolan replied that he had been asked to make the request by residents of the East Village and was simply honoring that request. Mrs. Graetzer pointed out that water bills are predicated on usage so if residents didn’t have use of their water, they weren’t billed for it.

Supervisor/Town Board Update:
Supervisor Dolan reported that the Town has received the certificate of occupancy for the stage at Powerhouse Park. This is timely because Family Fun Day will be held there this coming Saturday!

The Supervisor also announced that he had received a letter from Planning Board Chairman Nils Gerling stating his intention to retire from that position when his term expires at the end of this year.

Resolutions:
The following resolutions were passed:
a resolution to adopt Credit Card Use Policy. This establishes guidelines and internal controls governing the use of Town credit cards and authorizes the following individuals as authorized users:
Peter Dolan, Town Supervisor
Gary Phelps, Deputy Superviso
Ed Pfizenmaier, Highway Superintendent
Mike Mausich, Deputy Highway Superintendent
Tommy Iazetti, Highway Department
Glen LaBar, Sr., Highway Department
Patrick Welsh, Police Chief
John Norton, Police Lieutenant
Senior Dispatcher of Police Dept.
a resolution to request discount from Tuxedo Park Water Department on Residents’ water bills due to hurricane
a resolution to authorize posting of open positions on Architechtural Review Board, Board of Assessment Review, Zoning Board of Appeals and Planning Board. These are the regular annual openings.
a resolution to approve settlement of tax certiorari proceedings regarding property of John Paul Primiano.
a resolution to introduce Local Law entitled “Relief from Tax Levy Limit under General Municipal Law §3 –c” This law deals with the 2% property tax cap recently enacted by Albany and will allow the Town to override that for items that are beyond their control such as health care costs. There will be a public hearing on October 11, 2011.
a resolution to authorize agreement to perform snow and ice control on County Roads – on Long Meadow Road and Sterling Mine Road. The Town is reimbursed by the Town of Warwick and Orange County for this service.
a resolution to authorize agreement and special permit for operation of the Forest of Fear for 2011 season. As always, the Town will be reimbursed for any costs associated with police protection .
a resolution to grant special use and special sign permits for St. Mary’s Yard Sale on October 15th at the Train Station.
a reminder that Family Fun Day will take place on Saturday, October 1st at Powerhouse Park and not Murphy Field.

Other Business:
The following additional resolutions were passed:
A resolution authorizing agreement with the Town of New Windsor for Technology Services – the Towns IT contractor was unfortunately killed in an automobile accident and the employee who has been handling this is relocating to Florida. Several other municipalities use New Windor and are pleased with the service. It is a one year contract.
A resolution to appoint Joanne Ennis as Deputy Registrar

Public Comments:
Andy Berish stated that a number of East Village residents have been refused money from FEMA. For the most part , these people are renters and not property owners although they still sustained loss of property such as appliances.
The Supervisor replied that FEMA officials had informed him that this might happen and they had advised that the people should reapply. Attorney Don Nichols also pointed out that FEMA has an appeal process, which should be initiated when and if people are denied.

Bill Lemanski inquired if the Technology Services contract had gone out for competitive bid and was told that it had. The Town of New Windsor had the lowest bid and were the most qualified responder.

Andy Rogers asked about the status of the litigation being discussed in Executive Session. Supervisor Dolan replied that it was ongoing litigation and he was hoping for a settlement soon.

The meeting the adjourned into an Executive Session to discuss litigation.

Agenda For Town Board Meeting September 26, 2011

Call to Order
Pledge of Allegiance
Minutes
Monthly Reports
Public Comments on Agenda Items

1. Town Supervisor/Town Board Update

2. Resolution to Adopt Credit Card Use Policy

3. Resolution to Request Discount from Tuxedo Park Water Company on Residents’ Water Bills due to Hurricane

4. Resolution to Authorize Posting of Open Positions on Architectural Review Board, Board of Assessment Review,
Zoning Board of Appeals and Planning Board

5. Resolution to Approve Settlement of Tax Certiorari Proceeding Regarding Property at 97 Laurel Road, Tuxedo Park

6. Resolution to Introduce Local Law Entitled “Relief from Tax Levy Limit under General Municipal Law §3-c”

7. Resolution to Authorize Agreement to Perform Snow and Ice Control on County Roads

8. Resolution to Authorize Agreement and Special Permit for Operation of Forest of Fear® for 2011 Season

9. Resolution to Grant Special Use and Special Sign Permits for St. Mary’s Yard Sale on October 15 at Train Station

10. Reminder of Family Fun Day at Powerhouse Park on Saturday, October 1, 2011

11. Any other business as may come before the Board after this Agenda is posted

Public Comments
Budget Transfers
Vouchers

Adjournment

Town Board Meeting September 12, 2011

The Town Board met on Monday, September 12, 2011 at 7:30 pm. All members were present.

Supervisor Dolan began the meeting by announcing that he had invited representatives from the DEC, Orange County HAZMAT and SOS Fuels to attend the meeting, but only SOS was present. The fuel company representatives were accompanied by their attorney.

Evelyn David of River Road asked SOS why they had parked their trucks where they did during Hurricane Irene. The attorney responded that the trucks had been parked on elevated ground. Ms David pointed out that the trucks had floated down the river. SOS Executive Jeff Spiegel replied that no trucks floated down the river. He explained that the parking lot had flooded so that it looked as though the trucks were floating, but in fact they were parked in a place where, historically, it had been safe. He added that an unforeseen 8-foot wall of water came down the river and that this is what had caused the damage.

Bill Lemanski asked what liquids were released into the river and in what volume they had been released. The SOS attorney informed him that a number of tanks in various locations along the Ramapo River had experienced leaks and spills so they they cannot be sure that what was in the river was, in fact, their product. Mr. Lemanski countered that certainly the owner has records of his inventory and that post-event, if he measured what’s left, he would know how much had been released into the river. SOS executive Jeff Spiegel commented that they will know the answer soon. Their computerized system was damaged in the storm and their figures are not exact because there is some co-mingled product. He did, however, supply a range of what had been lost: between 14,00-19,000 of #2 heating oil. Supervisor Dolan added that this figure has been confirmed by Orange County HAZMAT. Mr Spiegel then stated that the leak had occurred because the tank, which is situated on concrete and gravel, had shifted 6 feet when the “wave” hit it and the valve was shirred off. SOS tried to access the tank in an effort to turn it off, but couldn’t get there until Monday. Evelyn David wanted to know how the oil got into her home as well as other homes north of the SOS site. The SOS attorney replied that the river was flowing from north to south and that the dam, which broke in Arden, is North of the SOS property. With water moving at the velocity that it was, it is unlikely that anything went north in his view. Ms. David replied that the Ramapo had turned into the “mighty Mississippi” and when that happens, it spreads out and goes everywhere.
Supervisor Dolan then provided his timeline for the event.

He was in touch with other members of Town government on Sunday, August 28 at 8:30 am, at which point he was standing on the East Village Bridge and noted that the water was several inches below the bridge. He then got called to the International Paper building on Warwick Brook Road as a dam there had been breached. At 10:02, Police Chief Patrick Welsh reported that the river was flooding over the bridge. Although they did not know it at the time, the Echo Lake dam in Arden had failed sending torrents of water down the Ramapo. The Town immediately initiated an emergency response.

E.J. Matthews of the East Village commented that 2 days before the storm, he had heard that Tuxedo could expect up to 13 inches of rain and he had observed where the SOS trucks were parked at that time. He wondered what failure had allowed SOS to think that their parking lot was “higher ground” and “safe,” because to his eye, the parking lot looks pretty level. He feels that the incident was totally preventable, however SOS did nothing. He asked which vehicle had hit the fuel tank. Jeff Spiegel responded that it had been a trailer that hit the tank and not a fuel truck,. The issue was that there had been an 8 ft. wall of water from a private dam. He suggested that had it been just Hurricane Irene producing, a “normal flood like we’ve had for 30 years,” SOS would have been fine. Several people in the audience pointed out that forecasts for an entire week prior to the storm had predicted that it wasn’t going to be normal, but Mr. Spiegel reiterated that the hurricane did not cause the damage, rather the breaking of the dam did. He further added that SOS lost 31 vehicles, their entire office, parking lot and depot. Just 2-1/2 years ago, the company raised their office 5 feet. They did not know that the Echo Lake dam existed or that the DEC hadn’t inspected it in 28 years. But, he continued, “it happened and we’re here.” He noted that neither the DEC nor Orange County HAZMAT were present despite having been invited.

Kristian Matthews, of the East Village, said he understood there were 4000 sandbags available for the Town of Tuxedo and waiting for pickup but that no one had gone to get them. Supervisor Dolan responded that he was not informed of that. Police Chief Welsh added that he had asked the Orange County Office of Emergency Management 2 days before the storm about sandbags and had been told that at no time would Orange County make them available to residents. Mr. Matthews stated that he had been told that the town used to own a truck that could make sand bags and wondered if it still existed. Highway Superintendent Pfizenmaier responded that the Town does have the sand spreader but that he had not been able to get to it in time. Mr. Matthews replied that if they’d had sand bags, they could have stacked them up under the Thruway bridge to keep the water from flowing through there. This wouldn’t have helped the houses on River Road, , but it would have helped a majority of the homes that were damaged. H suggested that moving forward, the town should consider this. The Town Engineer stated that although sandbags are typically a solution in a flooding situation, he doesn’t know of anything that will stop an 8 ft. wall of water traveling at a significant velocity; the result of a dam breach.. Mr. Matthews countered that the velocity of the water has no bearing on his point, asi he was not advocating damming the river, but rather constructing a barricade under the Thruway bridge, where the river is trying to spread.

An audience member noted that in March of 2011 as well as during 2010 , SOS had moved all their tankers to the IGA parking lot and he wondered why this time around only 1 truck had been relocated there. Jeff Spiegel replied that there was only room for one trailer over at the IGA, so they had moved the rest of the vehicles to “higher ground” in their own parking lot.

Orange County Legislator Dan Castricone congratulated SOS Fuels for having shown up at the meeting, but said he was not happy with their comments regarding Orange County HAZMAT’s absence. He added that the representative who was supposed to be there had gone out in a rowboat with Police Chief Welsh during the storm to try to shut off SOS’s tank! Mr. Spiegel apologized for his previous remark.

A resident asked what would become of the marshland along the river that is now coated with oil. Mr. Spiegel replied that the DEC would have an answer to that question and pledged that SOS would cooperate with them.

Diana Petrosky pointed out that there that there are several other parking lots within the community aside from the IGA(for example, there are 3 lots at the school) and she suggested that they ask for permission to park in these other lots moving forward if there is not enough room for them at the IGA. She went on to say that all the Town residents know that what has happened has happened, however they remain frustrated because they are still living with water, damage and odors! She suggested that perhaps SOS might research what they could use to get eliminate the odor.

Mr. Spiegel inquired about when the crash gate to the Thruway had been opened. Chief Welsh responded that it had been opened at 8:59 am. He added that they had evacuated 127 vehicles. Mr. Lemanski asked how long that process had taken and was told that it took about 2-1/2 hours. Part of the problem was the construction project currently happening on the Thruway. Mr. Lemanski then asked about the plans for the East Village bridge. Orange County Legislator Castricone responded that since he took office in January 2010, the legislature has gotten funding approved for design, engineering and construction of the bridge and he expects it to be up by the end of 2012 or beginning of 2013. A resident inquired about dredging the river. Mr. Castricone replied that he has had conversations with the DEC on this subject and so far responses have not been good. Kristian Matthews stated that a new bridge would not benefit the East Village because once the water reaches a certain height, it floods under the Thruway bridge and residents cannot get out anyway. He added that if the government really wants to help the East Village, they should start at the Thruway bridge and work back to the other bridge.

An audience member mentioned being concerned about diesel fuel in his well and wondered if the County would require well testing. Supervisor Dolan responded that the Town had asked the Village of Tuxedo Park to test the water. The resident countered that the well in question was a private well and not Village water. He said he had called Orange County and been told that
they “don’t do anything like that.” He called the Department of Health and was told that also they “don’t do anything like that.” The answer was the same from both the DEC and the EPA.

Another resident asked Mr. Spiegel what SOS’ plans were going forward for their Tuxedo facility. Mr. Spiegel replied that they don’t know, it is an open question. They will have to knock down the office as it’s been condemned.. They’ve been in Tuxedo for a long time and they are going to try to figure out a way to stay in Tuxedo.

Someone in the audience spoke up to thank the Police, Fire Departments, Ambulance Corps and Highway Department for doing a great job and everyone present joined in a round of applause for them.

It was announced that the meeting would recess for a few minutes so that those who didn’t want to stay for the rest of the meeting could stay. Before the recess, Janet Galuska told a story about her encounter with a bear near her home in the Nursery. She ended up falling and hitting her head and landed in the hospital. Since that time, the bears have appeared on an almost daily basis and she feels that no one is doing anything about it. Chief Welsh replied that typically the bears are gone by the time the police arrive and that he isn’t going to send an officer into the woods after them. Mrs. Galuska said she’d called the DEC and been told that they would issue her a pistol permit to shoot rubber bullets at the bear, she did not want to do that. Chief Welsh responded that she should take any offered rubber bullets and turn them over to the Police Department so they would have plenty of ammunition to deal with the problem.

Public Hearing Continuation to Receive Comments Regarding the Draft Comprehensive Plan Update:

Town Planner Bonnie Franson stated that there were minor revisions to the plan, which were made to address Mr. Schaub’s comments at the previous hearing. Mr. Schaub was not present but had sent an email detailing further objections to the plan. John Kwaznicki of Sloatsburg submitted seven pages of comments and a wetlands map.

Resolutions:
The following resolutions were passed unanimously:
a resolution to adopt the Comprehensive Plan Update
a resolution to waive the ($25) Electrical Permit fee for Residents affected by Hurricane Irene
a resolution to approve settlement of Tax Certiorari proceedings brought by Joseph Alderisio of West Lake Rd.

There being no other business, the Board adjourned into an Executive Session to discuss litigation.

Agenda for Town Board Meeting September 12, 2011

Public Hearing Continuation to Receive Comments Regarding Draft Comprehensive Plan Update

Minutes
Monthly Reports
Public Comments on Agenda Items

1. Town Supervisor/Town Board Update

2. Resolution to Adopt Comprehensive Plan Update

3. Resolution to Waive Electrical Permit Fee for Residents Affected by Hurricane Irene

4. Resolution to Approve Settlement of Tax Certiorari Proceeding Regarding Property on West Lake Road

5. Any other business as may come before the Board after this Agenda is posted

Public Comments
Budget Transfers
Vouchers

Adjournment

Agenda For Town Board Meeting August 29, 2011

Call to Order
Pledge of Allegiance

MOMENT OF SILENCE AND REFLECTION TO HONOR MEMORY OF LEON GASTHALTER

Public Hearing Continuation to Receive Comments Regarding Draft Comprehensive Plan Update

Minutes
Monthly Reports
Public Comments on Agenda Items

1. Town Supervisor/Town Board Update

2. Resolution to Adopt Comprehensive Plan Update

3. Resolution to Adopt Town Credit Card Policy

4. Resolution to Approve Settlement of Tax Certiorari Proceeding Regarding Property on West Lake Road

5. Resolution to Grant Special Sign Permits to Masker Orchards for Directional Signs

6. Any other business as may come before the Board after this Agenda is posted

Public Comments
Budget Transfers
Vouchers

Adjournment

Town Board Meeting August 8, 2011

The Town Board met on Monday, August 8, 2011 at 7:30 pm.

The only item of business was the review and approval of vouchers.

The Board then went into Executive Session for the purpose of discussing police personnel matters, after which the meeting was adjourned.

Agenda For Town Board Meeting August 8, 2011

Call to Order
Pledge of Allegiance

1. Review and approval of vouchers

2. Any other business as may come before the board after this agenda is posted

EXECUTIVE SESSION for the purpose of discussing police personnel matters

Adjournment

Town Board Meeting July 25, 2011

The Town Board met on Monday, July 25, 2011 at 7:00 pm. All members were present.

Supervisor’s Update:
Supervisor Dolan announced that Town Planner Bonnie Franson will be leaving her present firm, Tim Miller Associates, and going to work for Town Engineers, Holzmacher, McLendon & Murrelll (H2M).She will continue to work for the Town through the end of the year, but will be billing them through H2M,. As of January 1, the Town will be looking for a new planner.

The LDC (Limited Development Corporation) funded though the Related Companies, is working on renovating the Route 17 bus shelter located in front of Tuxedo Square. Contractor Tom Salierno and Architect Billy Mincey (both of whom worked on the train station project) have been consulted. The Supervisor, who also serves on the Board of the LDC, presented drawings of the proposed building, which will echo the Tuxedo Square Building. It will be stucco with 2 windows in front and a slate roof. Plans are for benches and electric heating inside with a clock in front. The estimated cost for the project is $25,000. Dale Mottola expressed some concern that the shelter might block the businesses in Tuxedo Square from view and the Supervisor promised to keep that in mind.

The Supervisor and Councilman Phelps held their first meeting with the PBA Mediator.

Ace Café has expressed interest in buying the Red Apple Rest. They are a motorcycle themed bar and restaurant based in England.

Resolutions:
The following resolutions were passed:
- a resolution to adopt an Information Technology Policy – this will provide for internal controls to safeguard the Town’s computer information and establish rules and regulations or the acceptable use of Town equipment and computing systems.
- a resolution appointing Katie-Leigh A. Sovak as part-time Police Dispatcher
- a resolution determining the validity of petitions for a Proposition to Increase Budgetary Allocation for the Tuxedo Park Library to be included on the November 8, 2011 ballot
- a resolution to schedule the Public Hearing Continuatio regarding the Draft Comprehensive Plan Update on August 29, 2011 at 7:30 pm. The Town has heard back from the Orange County Planning Department on this proposed plan. Changes to the plan are forthcoming and will be placed on the Town’s website as soon as they are received
- a resolution to approve a raffle consent form for Windy Hollow Hunt, Inc. Hollow Hunt is a horse riding club which conducts fox hunting, primarily in Warwick and Florida, NY and in New Jersey. The raffle drawing will be on November 20, 2011.
- a resolution to approve a date change for Westwood Velo, Inc. Bicyle race from 8/13/11 to 8/7/11.
- acknowledgement of the receipt of a Liquor License renewal for Orange Top Diner

Finally, Supervisor Dolan reminded everyone of the free Community Concert and Picnic at Powerhouse Park on July 30, 2011 at 3 pm.

Public Comments:

A group of residents from the Woodlands, led by Mitchell Tanner, turned in a petition, containing 177 signatures, which stated that they are against locating a Town Pool at Murphy Field. The group also expressed their opposition to the planned installation of electricity in the pavilion at Murphy Field. They feel strongly that Murphy Field should remain a “passive” Park. Supervisor Dolan responded that there were no lights planned for the field. Presently when events, such as Family Fun Day, are held there the Town has to borrow generators from the Fire Departments in order to have power. The plans are to simply install some electrical outlets in the pavilion so they could eliminate the generators. Bob Werner inquired if there would be any overhead wiring and was told no. George Mollo wondered about the operating costs for a Town Pool. The Supervisor replied that at the present time, a Town Pool is merely in an exploratory phase. He feels a Pool would give the Town a sense of community – a place where people from all areas of Town could gather and get together. The first step is to find a place to put it. Kristian Matthews asked if the Town had considered contacting PIPC and inquiring whether they have a beach we could lease. Councilman Darling stated that he would like to look into getting the old Sterling Forest beach on Greenwood Lake and Supervisor Dolan reported that he is also investigating the possibility of Eagle Lake as well as the lake behind the American Legion Hall.

The meeting adjourned into an executive session for the purpose of discussing litigation.

Agenda for Town Board Meeting July 11, 2011

Call to Order
Pledge of Allegiance

1. Review and approval of vouchers

2. Any other business as may come before the board after this agenda is posted

Adjournment

Town Board Meeting June 13, 2011

The Town Board met on Monday, June 13, 2011 at 7:30 pm. All members were present.

Public Hearing to Receive Comments Regarding the Draft Comprehensive Plan Update:

Town Planner Bonnie Franson opened the Hearing by giving a history and overview of the Comprehensive Plan. The Town’s current Comprehensive Plan dates back to 1972. Much has happened in Town since then, and the plan has become obsolete although it’s goals and objectives are still relevant. The proposed update was started 4 years ago under a prior Town Board. Supervisor Magar and Councilwomen McCathern and Rauch commissioned a study of the Town Center and encouraged the Chamber of Commerce to conduct a survey regarding the goals and objectives for businesses in Town. Both the study and survey are available as appendices to the proposed draft plan. The work on this update was initiated by former Concilmen Castricone and Siegel in 2007 and passed to Councimen Phelps and Loncar in 2008. . It was first issued in March of 2008 and 2 public hearings were held at that time. Taking those comments into consideration, the Board has updated the plan.

The acquisition of Sterling Forest for the formation of a new State Park has diminished opportunities to create the large scale industrial and office parks which were envisioned in the 1972 Master Plan. Also, challenges to maintaining a cohesive community have been created due to the dedication of large amounts of land as parkland. The report recognizes that the Town of Tuxedo will remain rural and says it is unlikely that its population will ever exceed 10,000 people, yet it also states that the present population will at least double with the construction of Tuxedo Reserve. The plan acknowledges that the Town will have to grapple with new service demands made by Tuxedo Reserve and states that the development must be integrated in a manner that unifies, rather than segments the Town. Another goal is to consider appropriate land uses for the Arden Farm area of Town. The plan classifies this property as Conservation Residential and eliminates PIDs from this category.

In of the most recent Plan update, changes have been made due to Tuxedo Reserve. For example, housing valuation has been revised. The actual specifics of the plan will come in the zoning update, which is slated to follow passage of the plan. The Plan also urges the formation of an Advisory Environmental Council and as well as a freshwater wetlands law.

Howard Schaub, owner of the former Xicom property in Clinton Woods objects to the stated uses for his property. He feels the Town is restricting what can be done with his holding and he stated that he felt that once the plan was passed, zoning that conforms to the plan is a fete accompli. He feels that the RO/LIO zone that the property is classified by discriminates against his property \and eliminates his “as of right” provision. Town Attorney Don Nichols invited Mr.. Schaub to submit suggestions as to how he thinks his property should be zoned. Supervisor Dolan stated that Mr. Schaubhas wanted to circumvent the process which all prospective builders must go through, and noted that although he has never submitted any plans to the Planning or Zoning Boards, he has already sued the Town on the issue and lost.

Mike Santoianni, whose firm TPA Realty is the broker for Mr. Schaub stated his position that legislating land use is wrong. He has been tryng to sell the Xicom property for many years and has not been able to because it’s uses are restricted. Mr. Santoianni also noted that the plan suggests moving the School and stated his firm opposition to having it moved to the rocky property first proposed by Tuxedo Reserve.

Andy Berish inquired as to whether the Plan would affect any litigation and he was told it would not.

Paul Gluck expressed his desire to see provisions made for pedestrian and bicycle safety along Route 17. He felt that if these concerns were made part of the Master Plan, it might open up possible grant money for this purpose. Ms. Franson responded that the Plan sees the proposed River Trail as answering this need.

John Kwasnicki asked if the comment period would be extended for 10 days after the close of the public hearing. He was told that the public hearing was going to be extended as the Town is still waiting for recommendations from the Orange County Department of Planning. Mr. Kwasnicki also noted that in giving the history of land use in Tuxedo, the Plan had left out any mention of the proposed Sterling One project. Finally, he noted that the Village of Sloatsburg should be notified of the plan and any future public hearings and asked if the Board would be sending the document to the Planning Board for their recommendations. He was told yes, but only after the Town Board has finished with the document.

Lesley Devore asked if changing the zoning would allow Tuxedo Reserve to change their zoning and was told it would not.

Town Supervisor/Town Board Update:

The Supervisor remarked that the Town had a very successful Memorial Day celebration and parade and thanked everyone who participated. He reported that the Orange County Department of Health would be spraying catch basins throughout the County in July and August in an effort to control mosquitoes. Supervisor Dolan is in receipt of a letter from The Watchtower who is proposing to build their World Headquarters for the Jehovah’s Witnesses on the old International Nickel property on Long Meadow Road. The letter states that the DEIS for the project is complete and a public hearing on the project will be held at the Warwick Town Hall on July 20th at 7:30 pm. An electronic version of the DEIS can be found on the Town of Warwick’s website at http://www.townofwarwick.org Finally, the Supervisor reported that he is in ongoing talks with the Thruway Authority about the berming in the East Village.

Discussion and Poissible Reolution to Adopt Comprehensive Plan Update:

This resolution was tabled as the Board has not yet received comments from the Orange County Planning Department.

Resolution to Adopt Town Board Summer Meeting Schedule:

The Board set the following meeting dates for the summer months:

June 27 – voucher only meeting

July 11 – voucher only meeting

July 25 – regular Town Board Meeting

August 8 – voucher only meeting

August 29 – regular Town Board meeting

Notice of Public Hearing on Draft Comprehensive Plan June 13, 2011

NOTICE OF PUBLIC HEARING CONTINUATIO

PREPARATION OF A DRAFT COMPREHENSIVE PLAN

PLEASE TAKE NOTICE that, pursuant to Section 272-a of the Town Law of the State of New York, the Town Board of the Town of Tuxedo will hold a public hearing continuation at Town Hall, One Temple Drive, Tuxedo, New York, on Monday, June 13, 2011, at 7:30 p.m. for the purpose of soliciting public participation in the preparation of a draft Comprehensive Plan Update.

Copies of the draft Comprehensive Plan Update are available for inspection at Town Hall, on the Town of Tuxedo website at www.tuxedogov.org, at the Tuxedo Park Library, 227 Route 17, Tuxedo, New York and at the Village of Tuxedo Park Village Hall, 80 Lorillard Road, Tuxedo Park, New York.

All interested persons will have an opportunity to be heard at this hearing.

BY ORDER OF THE TOWN BOARD

TOWN OF TUXEDO

ELAINE M. LAURENT, TOWN CLERK

Town Board Meeting May 23, 2011

The Town Board met on Monday, May 23, 2011 at 7:30 pm. All members were present

The meeting began with a moment of silence for lifelong Town resident, John Kovaly, who passed away recently at the age of 93.

Public Comments on Agenda Items:

John Kwasnicki of Sloatsburg spoke on agenda item #7, a reminder of the public hearing for the draft comprehensive plan update. Having studied the minutes from previous public hearings on this plan (9/8/08 and 2/9/09) he saw mention of a 30 point memo on the subject and wondered what the status was of those questions. He also inquired as to when the Master Plan Committee had their meetings. Supervisor Dolan responded that the committee had been comprised of former council members Castricone and Seigel and that he couldn’t remember when the meetings had been. Town Attorney Nichols stated that the committee was an Advisory Committee and, as such,, was not required to have minutes. He added that the Town had used an alternate method with the Town Board authoring the plan, rather than a committee. Mr. Kwasnicki commented that 2 Town Board members didn’t constitute a quorum to which Mr. Nichols replied they didn’t have to be. Supervivsor Dolan remarked that the Plan had been worked on by the previous administration as well. Mr. Kwasnicki commented that Tuxedo’s method seems to be very different from those used by many other neighboring Towns. Mr. Nichols stated that the Town’s method is permissible and proper and that it is also probably less expensive than the methods being used by other Towns. Mr. Dolan then stated that Councilmen Phelps and Loncar have worked on the plan. He also emphasized that the Master Plan itself doesn’t change anything in Town as it simply outlines the direction the Council would like to see the Town go in moving forward. .

Town Supervisor/Town Board Update:

Supervisor Dolan reported that the previous week the entire Town Board had met with engineers from the New York Thruway and that e, Councilman Phelps and Highway Superintendent Pfizenmaier had met with the Thruway Authority that morning. They are trying to alleviate water problems in the East Village.

Resolutions:

The following resolutions were passed:

a resolution granting a special use permit for the Farmers’ Market at the Train Station
a resolution granting a special sign permit for Farmers’ Market and Chamber of Commerce banners. These will be hung the same way they were last year and will be installed this week
a resolution appointing Louis DeBrino, Jr as Highway summer laborer
a resolution approving the execution of the agreement for police coverage for the Renaissance Faire
a resolution setting Monday, June 13, 2011 at 7:30 pm as the date for the continuation of the Public Hearing on the Draft Comprehensive Plan.

The Supervisor reminded everyone of the followoing Memorial Day observations:

10:00 am – Morning Services at Southfields Memorial (at Police Station)

11:30 am – Parade Kickoff from Tuxedo High School

Ceremony at War Memorial (Village Gates)
Memorial Services at St. Mary’s with speaker Capt. Allan Barnett. The National Anthem will be sung by Noreen and Stephanie Goldberg

12:30 – Community Picnic sponsored by the Library at the Library.

Other Business:

There is an opening on the Board of Assessment Review due to Jerry Magurno’s having moved to Suffern. Mr. Dolan proposed provisionally appointing Leon Gasthalter of the Woodlands conditional upon his completing the required training for the position. The Town Board will interview Mr. Gasthalter before their next meeting at which point, the appointment may become permanent.

Agenda for Town Board Meeting May 23, 2011

Call to Order
Pledge of Allegiance

Moment of Silence and Reflection to Honor Memory of John J. Kovaly

Minutes
Monthly Reports
Public Comments on Agenda Items

1. Town Supervisor/Town Board Update

2. Resolution to Grant Special Use Permit for Farmers’ Market at Train Station

3. Resolution to Grant Special Sign Permit for Farmers’ Market and Chamber Banners

4. Resolution to Appoint Louis DeBrino, Jr. as Highway Summer Laborer

5. Resolution to Approve Execution of Agreement for Police Coverage for Renaissance Faire®

6. Reminder of Community Memorial Day Parade and Observances – May 30, 2011

7. Reminder of Public Hearing Continuation on Draft Comprehensive Plan Update – June 13, 2011

8. Any other business as may come before the Board after this Agenda is posted

Public Comments
Budget Transfers
Vouchers

Adjournment

Town Board Meeting May 9, 2011

The Town Board met on Monday, May 9, 2011 at 7:30 pm. Councilman Phelps was absent

Public Comments on Agenda Items:

Andrew Berish asked for an explanation of the draft Comprehensive Plan. Supervisor Dolan explained that the Town is working on rezoning some property in Town and changing it to R4 (4 acre parcels of land).

Town Supervisor/Town Board Update:

The Supervisor reported that fencing has been installed at Tichy Field as well as for the ball field at Powerhouse Park and the Skate Park.

Supervisor Dolan is in receipt of a letter from United Water stating that they will be conducting smoke testing on the sewer mains in Laurel Ridge and Clinton Woods within the next couple of weeks. United Water has informed the Supervisor that they intend to fight New York State on their proposed attempt to collect the sales tax on sewer billing , which they forgot to charge for seven years.

The Supervisor also received a letter from the Rockland County Department of Planning informing him that the proposed age-restricted housing development known as the Lorterdan Properties which is located across County Rd 72 from Eagle Valley has been disapproved.

Town Pool: The Supervisor, Councilmen Loncar and Phelps and Recreation Chair Shari Brooks met with representatives of the Renaissance Faire. It has been determined that Tichy Field is probably not an ideal location for a pool. Thus, they are investigating locating it in Lot 4 (large open field) of the Renaissance Fair property. They are also looking at the possibility of locating a pool at Murphy Field.

The police department conducted a commercial vehicle inspection on Friday, April 29. During the inspection, 28 uniform traffic tickets were issued as well as one arrest for driving with a suspended license and 4 trucks put out of service due to unsafe issues. Plans are to conduct such inspections twice a month through October.

Commendation of 2010 Police Officer of the Year:

This award was recently given to Sergeant. Anthony D’Elia and Detective. Stefan Christian for their part in the investigation, which led to the arrest of Jesse Green.

Resolutions:

The following resolutions were passed:

a resolution to approve the form of petition of proposition to raise Library taxes – this places the Library budget on the ballot
a resolution to grant special use and special sign permits for the Library Memorial Day Community Picnic to be held at the Library on May 30. 2011 from 12:00 noon to 2:30 pm
a resolution to grant a special use permit to Tuxedo Performing Arts Group (TPAG) for a free Community Concert and Picnic at Powerhouse Park on July 30, 2011 commencing at 5:00 pm
a resolution scheduling a public hearing continuation regarding the Draft Comprehensive Plan Update for June 13, 2011 at 7:30 pm
acknowledgment of receipt of Liquor License Renewals for the following taverns at the Renaissance Faire: The Blue Boar Inn, Puss ‘N Boots,, Cock and Bull, Matty Grove’s Tavern, Ye Rusty Knife, Hawker’s Crossing and Joust Pub.

Other Business:

There will be a full volume test of the Indian Point Siren System conducted on Wednesday, May 11th between 10 am and 11 am. During the test, sirens will sound simultaneously for about four minutes.

Dog Day Derby will be held at the Goshen Historic Track on May 15th from 10 am to 3 pm.

The Town will be scheduling movie nights this summer, including one that will be for adults only!

Agenda for Town Board Meeting May 9, 2011

Call to Order
Pledge of Allegiance

Minutes
Monthly Reports
Public Comments on Agenda Items

1. Town Supervisor/Town Board Update

2. Commendation of 2010 Police Officer of the Year Award Recipients Sgt. Anthony D’Elia and Det. Stefan Christian

3. Resolution to Schedule Public Hearing Regarding Draft Comprehensive Plan Update

4. Resolution to Approve Form of Petition of Proposition to Raise Library Taxes

5. Resolution to Grant Special Use and Special Sign Permits for Library Memorial Day Community Picnic at Library on May 30, 2011 from 12:00 noon to 2:30 p.m.

6. Resolution to Grant Special Use Permit to Tuxedo Performing Arts Group for Community Concert and Picnic at Powerhouse Park on July 30, 2011 Commencing at 5:00 p.m.

7. Acknowledgment of Receipt of Liquor License Renewals for Various Taverns at Renaissance Faire®

8. Notification of Full-Volume Indian Point Siren System Test on May 11, 2011 from 10:00 a.m. to 11:00 a.m.

9. Notification of Dog Day Derby at Goshen Historic Track on May 15, 2011 from 10:00 a.m.-3:00 p.m.

10. Any other business as may come before the Board after this Agenda is posted

Public Comments
Budget Transfers
Vouchers

Adjournment

Town Board meeting April 25, 2011

The Town Board met on Monday, April 25, 2011 at 7:30 pm. Councilman Darling was absent.

Public Comments on Agenda Items:

In anticipation of discussion about the possible Town Pool, one person suggested using the lake in Harriman State Park on which Baker Camp is located. Contact names and numbers were provided. Someone also suggested the “earth pool” located in Ridgewood as an alternative idea for the Town. Additionally, someone suggested opening the Village’s North gate to make access to the Wee Wah easier. Supervisor Dolan replied that this would be for the Village Board to decide.

Town Supervisor/Town Board Update:

Supervisor Dolan reported having met with several New York Thruway staff regarding the bridge work in the East Village. Concerns about ongoing traffic,, the need for emergency vehicle access, the need for landscaping in the Emergency Gate area and the need for the Thruway Authority to clarify what work needs to be done and how long it will take were all covered.

Mr Dolan also stated that the Town and the Police Department are now using a mediator to help them reach an agreement on the Police contract.

Discussion Regarding Town Pool:

The proposed area for the pool is the current tennis court at Tichy Field. The court isx 40’ by 60’ and this is also the tentative dimention of a pool. Well water in the immediate area produced about 20 gallons an hour. Supervisor Dolan asked the Board members whether thehy thought a feasibility study should be done to include tentative costs for both a pool and a nearby kids’ water park. The rough estimate is that each would cost approximately $170,000. The Board agreed this was worth further study. Under public comment, one person suggested sending out a survey to all Town/Village residents to get a sense of the level of community support for such an undertaking. It was pointed out that there would be parking issues at Tichy Field. The existing 20 year old pool in Sloatsburg will be studied from an upkeep perspective since the $340,000 guesstimate does not include annual upkeep, staffing or insurance. Murphy Field could be a fallback location.

Resolutions:

A resolution granting a special permit for a Boy Scout Campout in one of the Renaissance Faire’s parking lots from 5/13-5/15.

Discussion of Finalization of Town Comprehensive Plan:

This will be the subject of another public meeting at a time and date

Other Business:

Assemblywoman Annie Rabbitt will be at the Train Station on May 13th from 10 to noon.

The Police have been awarded a $25,000 grant for the second time in 7 years. They will use it to purchase a new police car.

Parking around Circle Drive by non-residents is being aggressively enforced by the Police Department. If a resident should get accidentally ticketed in the process, the ticket will be dismissed.

Agenda for Town Board Meeting April 25, 2011

Call to Order
Pledge of Allegiance

Minutes
Monthly Reports
Public Comments on Agenda Items

1. Town Supervisor/Town Board Update

2. Discussion Regarding Town Pool

3. Resolution to Grant Special Permit for Boy Scout Campout at Renaissance Faire

4. Discussion of Finalization of Town Comprehensive Plan

5. Notification of “Meet & Greet” with Assemblywoman Annie Rabbitt at Train Station - 05/13/11

6. Any other business as may come before the Board after this Agenda is posted

Public Comments
Budget Transfers
Vouchers

Adjournment

Town Board Meeting April 11, 2011

Monday, April 12, 2011 at 7:30 pm. Councilman Phelps was absent.

The meeting began with a moment of silence for lifelong Town resident, Rocky Catrini who passed away recently.

Town Supervisor/Town Board Update:

Supervisor Dolan reported that the Town had received a favorable ruling in the Orange and Rockland rate case. The utility company was asking for a 12% increase and this has been bargained down to 9.2%. The Supervisor has banded together with Warwick Supervisor Sweeton to negotiate with United Water who has discovered that they forgot to bill residents tax on their water bills and is proposing to bill customers retroactively.

Next, the Supervisor reported that since the Village Board of Trustees has voted to go ahead with repairs to the WeeWah dam, the Town recreation program will return to the WeeWah Beach Club location this summer. He also reported having had one meeting with a pool company to explore the possibility of installing a Town Pool at Tichy Field. It would be located where the present tennis courts are and the courts would be moved, possibly to the Powerhouse site.

After meeting with Engineer Gary Loesch and Attorneys Howard Protter and Larry Wolinsky, Supervisor Dolan has decided to write a letter to the New York State DEC stating that the Town is sill in active negotiation with the Related Companies for the Tuxedo Reserve development and that a part of that negotiation is for Related to build a new wastewater treatment plant for the Town. In the meantime, the Town is still in compliance with their SPDYS permit so they have abandoned plans for the “package plant,” as well as the quick repair to the existing plant

Resolutions

The following resolutions were passed:

a resolution to appoint Christopher McGrady as Spring/Summer Highway Laborer
A resolution to exercise the option to extend Refuse Company contract through 2012
a resolution to grant Special Use and Sign permits to St. Mary’s Outreach Community Yard Sale at the Train Station on May 14, 2012
a resolution to grant special “for sale” Temporary Sign Permit for International Paper site.

Other Business:

Police Chief Patrick Welsh reported that on April 7th, the Valero station in Southfields was burglarized with the robbers being in and out of the station in one minute. Within 3 hours, the police had the suspect in custody. The same suspect will also be charged for the recent burglary of On the Way Café.

Agenda for Town Board Meeting April 11, 2011

Call to Order
Pledge of Allegiance

Moment of Silence and Reflection to Honor Memory of Rocco (“Rocky”) Catrini

Minutes
Monthly Reports
Public Comments on Agenda Items

1. Town Supervisor/Town Board Update

2. Resolution to Appoint Christopher McGrady as Spring/Summer Highway Laborer

3. Resolution to Exercise Option to Extend Refuse Hauling Contract through 2012

4. Resolution to Grant Special Use and Sign Permits for St. Mary’s Outreach Community Yard Sale at Train Station - May 14, 2010

5. Resolution to Grant Special “For Sale” Temporary Sign Permit for International Paper Site

6. Any other business as may come before the Board after this Agenda is posted

Public Comments
Budget Transfers
Vouchers

Adjournment

Informational meeting Regarding Thruway Bridge Work In the East Village April 5, 2011

To: All Interested Parties

Where: Sons Of Italy Club

HH Rogers Cabrini Lodge

1353 East Village Road

Tuxedo, NY 10987

When: Tuesday, April 5, 2011

Time: 7:00 P.M.

Speakers: Supervisor Peter M. Dolan

Deputy Supervisor Gary Phelps

This is an informal meeting to disseminate and discuss information, and all are welcome to attend.

Town Board Meeting March 28, 2011

The Town Board met on Monday, March 28, 2011 at 7:30 pm. All members were present.

Town Supervisor/Town Board Update:

Supervisor Dolan reported having received a letter from James Tierney of the DEC with regard to discharges into the Ramapo River from Wastewater Treatment Facilities. The letter noted that the facility in Tuxedo is in need of rehabilitation and upgrades. Since the Town feels they can’t make final plans for the plant due to the litigation regarding Tuxedo Reserve, they are now looking into the possibility of bringing in a “package plant” (basically a trailer on an 18 wheel vehicle) to use as a holding pattern.

The Supervisor also reported that he had had conversations with Tuxedo Park Mayor Houston Stebbins regarding the Wee Wah dam. Damage from the recent excessive rains and flooding have made repairs to the dam necessary. The Village is currently in the process of deciding whether they will lower the lake water and put in a temporary patch or drain the lake and do the major repairs (or possiblly rebuild the dam) now. Until this decision has been made, it won’t be known whether or not there will be a swimming season at the Wee Wah Beach Club. Thus, the Town will have to explore alternatives for the Summer Recreation program. They have not decided on an alternative as of yet. The Supervisor has been investigating the idea of building a Town Pool so that in the future, there would be no question about where recreation programs would be held. The problem lies in identifying a piece of Town property suitable for a pool. They have ruled out the Powerhouse property because of flooding. They will consider Tichy Field, Murphy Field or a future piece of property to be donated by Tuxedo Reserve.

Resolutions

a resolution to grant special permit to Tri-State Motorcyle Club for an Off-Road Race at Tuxedo Ridge on May 1, 2011 was passed pending an inspection by the Building Inspector and the successful negotiation for police coverage and liability insurance

a resolution to approve renumbering of and correction to Local Law #5 of 2010.

Agenda for Town Board Meeting March 28, 2011

Call to Order
Pledge of Allegiance

Minutes
Monthly Reports
Public Comments on Agenda Items

1. Town Supervisor/Town Board Update

2. Resolution to Grant Special Permit to Tri-State Motorcycle Club for Off-Road Race at Tuxedo Ridge

3. Resolution to Establish Payment Amount to Employees Electing Waiver of Health Insurance Pursuant to Chapter 16, Article VI of Town Code

4. Resolution to Approve Renumbering of and Correction to Local Law #5 of 2010

5. Any other business as may come before the Board after this Agenda is posted

Public Comments
Budget Transfers
Vouchers

Adjournment

Town Board Meeting March 14, 2011

The Town Board met on Monday, March 14, 2001 at 7:30 pm. All members were present.

The meeting began with a moment of silence for the victims and survivors of the earthquake and tsunami in Japan. This was followed by another moment of silence honoring the memories of Robert Manning, Sloatsburg resident and proprietor of Miele’s Restaurant, Adrienne Murphy of Laurel Ridge and Town Computer Consultant Craig Newell all of whom passed away recently.

Town Supervisor/Town Board Update:

The Supervisor began his report by thanking Highway Chief Ed Pfizenmaier and Police Chief Welsh as well as the Town Fire Departments for their work during the recent flood. He mentioned that parts of Warwick Brook Road are still flooded and the road remains closed. The Highway Department expects that it will reopen within the next 3-4 days.

Supervisor Dolan reported that he is almost through negotiating the Police contract and hopes to have it finished by the next Town Board meeting on March 28th. He also stated that he is currently working on two different grants from the County. Finally, he reported that he is planningto have a meeting with Congresswoman Nan Hayworth within the next week

Resolutions:

The following resolutions were passed:

a resolution to rescind stipends for Town Board liason assignments
a resolution to surplus 3 Highway Trucks and list them for sale on eBay
a resolution proclaiming April, 2011 as Prevention of Animal Cruelty Month
a resolution contenting to sales of raffle tickets by Occupations, Inc. in the Town of Tuxedo.

The meeting adjourned into an Executive Session to discuss the litigation brought against the Town by the Tuxedo Land Trust et. al.

Agenda for Town Board Meeting March 14, 2011

Call to Order
Pledge of Allegiance

Minutes
Monthly Reports
Public Comments on Agenda Items

1. Town Supervisor/Town Board Update

2. Resolution to Rescind Stipends for Town Board Liaison Assignments

3. Resolution to Surplus Two Highway Trucks and List for Sale on eBay

4. Resolution to Proclaim April, 2011 as Prevention of Animal Cruelty Month

5. Resolution to Consent to Sales of Raffle Tickets by Occupations, Inc. in Town of Tuxedo

6. Any other business as may come before the Board after this Agenda is posted

Public Comments
Budget Transfers
Vouchers

Adjournment

Town Board Meeting March 1, 2011

The Town Board met on Tuesday, March 1, 2011 at 7:30 pm. All members were present.

The meeting began with a moment of silence for Town Residents James L. Eirand, Sr. and Samantha Anne Horneman and Suffern resident John Montayne all of whom passed away recently.

Public Comments on Agenda Items:

Addressing the resolution to offer reimbursement of personal vehicle and phone expenses to the Dog Control Officer, Romulus Chivu of the Woodlands asked whether the Town could just eliminate the position altogether. Supervisor Dolan explained that New York State mandates that the Town have animal control services and that maintaining this position is the most cost effective way to comply with the law.

Resolutions:

The following resolutions were passed:

a resolution adopting an updated Town Procurement Policy as per the recommendation of the State Auditor.
a resolution to authorize reimbursement of personal vehicle mileage and phone expenses to the Dog Control Officer
a resolution to authorize the Town Clerk to attend the NYS Town Clerks Association Training Conference in Buffalo, NY from 5/1-5/4.
a resolution to appoint Joanne Ennis as Part-Time 2nd Deputy Clerk (1st Deputy Clerk Nina Matthews is on vacation for a month)
a resolution to appoint Brian Sullivan as Part-Time Assistant Bookkeeper. (the Bookkeeper, Pat Sullivan has a new job which will potentially involve a lot of traveling).
a resolution to appoint Kent Clark as a member of the Board of Fire Commissioners.

Public Comments:

Mary Hansen inquired as to the status of the Sean Neal lawsuit and was informed that it had been settled.

Jim Hays reminded the Board that in January they had outlined two possible approaches for dealing with the Waste Water Treatment plant. He wondered whether they had made a decision as to which approach they wanted to take. He further suggested a third possibility…that of pumping and tying in with the treatment plant in the Village. Supervisor Dolan responded that a decision had not yet been made.. The process is complicated by the fact that the DEC will not outline specifically what they are looking for The Town has to do the planning and engineering and then submit these plans to the DEC for review. Since the planning and engineering phases are expensive, the Town wants to get it right with as few submissions as possible. The Supervisor noted that they had investigated tying into the Village’s system but felt that it would be an expensive approach as it would require running pipe for a long distance.

George Mollo of the Woodlands, spoke on the subject of the Board’s added stipends for “liasonships.” He inquired as to the differences in pay between the Town of Tuxedo and other municipalities. He also wanted to know specifically what would be required of each Board member to entitle them to the money. Finally, he wondered what the return on the Town’s investment would be. Supervisor Dolan responded that serving on the Town Board means more than just attending two meetings a month. There are multiple other meetings that Board members are asked to cover such as meetings with the DEC, meetings of the LDC and others. In order to attend all these meetings Board members must take time away from their families and other jobs. Thus, the Board felt that they were entitled to more compensation, especially when they discovered that Board members in surrounding communities were being compensated at a higher rate. Mr. Mollo noted that each of the Board members knew what the salary was when they decided to run for the job. He pointed out that members of the School Board receive no compensation at all for the work that they do. Supervisor Dolan replied that the School Board meets only once a month and they do not do the same amount of physical work or “brain work” that the Town Board has to do. As the Supervisor sees it, the School Board reviews things that are given to them by paid professionals. The Town Board are paid professionals who are being paid at a very low rate of pay. Mr. Mollo disagreed with this, stating that the School Board was no longer a “rubber stamp board,” and that they are now doing quite a bit more work than they used to do.

Ulrich Pendl added that the Town Board had chosen a particularly bad time to give themselves a raise as the economy is in deep trouble. Councilman Phelps responded “but, the Town of Tuxedo is not!”

Tom Wilson of Tuxedo Park remarked that his question was not so much about the dollar amount of the raise, but rather the process that the Board went through in awarding themselves the raise. He commented that when the Board had given public notice back in October about the 3.5% increase in the their salaries, they did not mention the $500 stipend per “liasonship,” nor was it noted in the Preliminary or Final Budgets. Mr. Wilson maintains that the Board cannot just go ahead and give themselves a raise, as they did in January, without giving public notice.

The Town Clerk remarked that the Board does not have to give public notice every time they change the budget.

Mr. Wilson agreed that this was true but stated that Town and State law mandates that the Board’s salaries are “all inclusive.” They can’t give themselves incremental raises or stipends without notifying the public. They can give a raise or bonus to any Town employee that they choose, but as elected officials, they must give notice when they want to change their own income.

Mrs. Spivak commented that if they’d made a mistake, then they would have to go through the correct process.

Mr. Wilson then inquired as to what the Board/liason attendance had been thus far at the organizations for which the stipends applied. . He noted he knew that Mr. Loncar had been at the School Board meeting, but he didn’t know about any of the other meetings.

“It’s February. Give us some time,” replied Mr. Phelps.

At this point, the Board abruptly adjourned the meeting and went into Executive Session to discuss the lawsuit filed against them regarding Tuxedo Reserve.

Addendum:

On Wednesday March 2nd, at a meeting of The Woodlands HOA, Supervisor Dolan announced that council had informed him that the process followed for bestowing the stipends was questionable and thus he has rescinded the stipends.

Agenda for Town Board Meeting Tuesday, March 1, 2011

Call to Order
Pledge of Allegiance

Moment of Silence and Reflection to Honor Memories of James L. Eirand, Sr., Samantha “Sammi” Anne Horneman and John R. Montanye

Minutes
Monthly Reports
Public Comments on Agenda Items

1. Town Supervisor/Town Board Update

2. Resolution to Adopt Updated Town Procurement Policy

3. Resolution to Authorize Reimbursement of Personal Vehicle Mileage and Phone Expenses to Dog Control Officer

4. Resolution to Authorize Town Clerk to Attend the NYS Town Clerks Association Training Conference in Buffalo, New York, May 1 through May 4, 2011

5. Resolution to Appoint Joanne Ennis as Part-Time 2nd Deputy town Clerk

6. Any other business as may come before the Board after this Agenda is posted

Public Comments
Budget Transfers
Vouchers

Adjournment

Town Board Meeting Cancelled Due to Lack of Quorum

At the last minute, the February 14th Town Board meeting has been cancelled as two of the Board members cannot be there due to sudden, unforeseen circumstances.

Click here for more information.

Agenda for Town Board Meeting February 14, 2011

Call to Order
Pledge of Allegiance

Minutes
Monthly Reports
Public Comments on Agenda Items

1. Town Supervisor/Town Board Update

2. Resolution to Adopt Updated Town Procurement Policy

3. Resolution to Authorize Town Clerk to Attend the NYS Town Clerks Association Training Conference in Buffalo, New York, May 1 through May 4, 2011

4. Notification of Full-Volume Test of Indian Point Siren System - February 16, 2011

5. Any other business as may come before the Board after this Agenda is posted

Public Comments
Budget Transfers
Vouchers

Adjournment

Town Board Reorganization and Regular Bi-Monthly Meetings January 24, 2011

The Town Board held their Reorganization meeting on Monday, January 24 2011 at 7:30 pm. Councilman Loncar was absent.

The meeting was preceded by an Executive Session with Attorney Larry Wolinsky. This session for the purpose of discussing the litigation brought against the Town by the Tuxedo Land Trust, et. al was originally scheduled for after the regular meeting. It was moved to accommodate Mr. Wolinsky’s schedule commitments.

The following appointments were made:

Deputy Supervisor: Gary Phelps

Supervisor’s Clerk: Sherri Brooks

Supervisor’s Bookkeeper: Patricia Monico-Sullivan

Deputy Registrar: Antoinette Matthews

First Deputy Town Clerk: Antoinette Matthews

The yearly salaries were approved were approved for the following Town Officials:

Supervisor Peter M. Dolan $34,983.00

Town Councilperson Thomas J. Darling $6,013.35

Town Councilperson Clifford Loncar $6,013.35

Town Councilperson Gary L. Phelps $6,013.35

Town Councilperson Lisa Spivak $6,013.35

Town Justice Loretta Davis $25,306.00

Town Justice Shawn Brown $22,562.50

Receiver of Taxes Gregory Stevens $10,298.00

Town Clerk Elaine Laurent $57,366.00

Superintendent of Highways Edward Pfizenmaier $87,975.00

Supervisory Court Clerk Elizabeth Smith $43.056.00

Justice Clerk Claire Squillini $29 .785.00

Court Clerk (part-time) Mary Stalnaker $26,566.00

Supervisor’s Clerk/Summer Camp Director Shari Brooks $51,018.00

Town Bookkeeper Patricia Monico-Sullivan $24,403.00

Assistant Bookkeeper To be filled by Bookkeeper $2,500.00/yr

Budget Officer Peter M. Dolan $4,075.00

Deputy Budget Officer Patricia Monico-Sullivan $4,656.00

Assessor (part-time) Gregory Stevens $36,530.00

Board of Assessment Review Chairman Louis DeBrino (9/230/2011) $1,400.00

Board of Assessment Review Member Edward Brennan (9/30/2011) $500.00

Board of Assessment Review Member Nathaniel Jackson (9/30/2012) $500.00

Board of Assessment Review Member (Open)(9/30/2013) $500.00

Board of Assessment Review Member Carol Matthews (9/30/2-13) $500.00

First Deputy Town Clerk Antoinette Matthews $29,241.00

Payroll Clerk Anita Rogers $2,600.00

Payroll Clerk Deborah Villanueva $2,600.00

Records Management Officer Elaine Laurent $3,380.00

Deputy Records Management Officer Antoinette Matthews $2,239.00

Dog Control Officer Thomas Murphy $6,750.00

Emergency Management Officer Peter Dolan 687.50

Deputy Emergency Management Officer Nils Gerling $687.50

Clerk for Superintenent of Highways (part-time) Deborah Villanueva $18.77/hr.

1st part-time Parking Fee Collector Claire Squillini $15.00/hr.

2nd part-time Parking Fee Collector Mary Stalnaker $13.70/hr.

Police Chief Patrick W. Welsh, IV As per contract

Police Lieutenant, Sergeants, Patrolmen As per contract

Full-time Police Dispatchers As per contract

Part-time Police Dispatchers $12/hr during training and $15/hr. after training.

Police Matrons Margaret Barufaldi, Dawn Graham As per comtract

Fire and Building Inspector David Maikisch $56,666.00

Project Coordinator for Building Dept., Planning Board, ZBA and ARB Anita Rogers $49,817.00

Parks & Recreation Advisory Board Member Edward Pfizenmaier (12/31/2013) No compensation

Parks & Recreation Advisory Board Member Deborah Villanueva (12/31/2013) No compensation

Parks & Recreation Advisory Board Member Adam Frank (12/31/2011) No compensation

Parks & Recreation Advisory Board Member Paul DiPaulo (12/31/2011) No compensation

Parks & Recreation Advisory Board Member Joseph Ricard (12/31/2012) No compensation

Parks & Recreation Advisory Board Member Jean Ruffino (12/31/2012) No compensation

Parks & Recreation Advisory Board Member Lesley DeVore (12/31/2012) No compensation

Board of Fire Commissioners Member Gardiner Hempel, Jr. (12/31/2011) No compensation

Board of Fire Commissioners Member Edward J. Brennan, Jr. (12/31/2012) No compensation

Board of Fire Commissioners Member Ralph Brooks, Sr. (12/31/2013) No compensation

Board of Fire Commissioners Member Kenneth R. Magar, Sr. (12/31/2013) No compensation

Board of Fire Commissioners Member Charles Jones (12/31/2014)

Board of Fire Commissioners Member Elwood J. Briggs (12/31/15) No compensation

Board of Fire Commissioners Member OPEN No compensation

Zoning Board of Appeals Chairman Francis W. Peverly (12/31/2010) $1,541.00

Zoning Board of Appeals Member Andrew Rogers (12/31/2011) $1,115.00

Zoning Board of Appeals Member Brian Sullivan (12/31/2012) $1,115.00

`Zoning Board of Appeals Member George Langberg (12/31/2013) $1,115.00

Zoning Board of Appeals Member Russell Shaver (12/31/2014) $1,115.00

Planning Board Chairman Nils Gerling (12/31/2011) $5,806.00

Planning Board Member Mary Hanson (12/31/2010) $2,496.00

Planning Board Member Susan Goodfellow (12/31/2012) $2,496.00

Planning Board Member Joseph Gartiser (12/31/2013) $2496.00

Planning Board Member Robert Thompson (12/31/2014) $2496.00

Planning Board Alternate OPEN POSITION (12/31/2009) $1,000.00

Architectural Board of Review Chairman Michael Reardon (12/31/2010) $1,672.00

Architectural Board of Review Member George McCathern (12/31/2010) $1,081.75

Architectural Board of Review Member Darren Maynard (12/31/2011) $1,081.75

Architectural Board of Review Member Dale Mottola (12/31/2011) $1,081.75

Architectural Board of Review Member OPEN POSITION (12/31/2012) $1,081.75

Recording Secretary to Zoning Board, Planning Board and ARB Deborah Villanueva $18.77/hr.

Highway Dept. employees As per contract

Hamlet Sewer District Administrator To be appointed To be determined

Town Legal Counsel Jacobiwitz and Gubits $45,000.00 + $180.00/hr. for non-retainer items

Town Engineers Holzmacher, McLendon & Murrell P.C. As per contract

Auditor Theodore J. Eglit, Jr. $14,000,00

Planning Board Legal Counsel Thomas J. Egan, Esq. $22,200.00

Planning Consultants Bonnie Franson $65,000.00

ZBA Legal Counsel Lisa J. Felicissimo Esq. $125.00/hr.

In addition, the following appointments were made:

Town Veteran’s Officer Paul Mitchell

Public Information Officer Nils Gerling

Town Historian Christian R. Sonne

Official Newspaper of Record Times Herald Record

Official Depository JP Morgan Chase

And the following assignments were made:

Peter Dolan Liason to Village of Tuxedo Park Board of Trustees, Tuxedo Union-Free School District, Police Department, Highway Department, Hamlet Sewer District. $2500.00

($500 per liasonship)

Clifford Loncar Liason to Village of Tuxedo Park Board of Trustees, Tuxedo Union-Free School District, Parks & Recreation Department, Tuxedo Volunteer Ambulance Corps. $2500.00

($500 per liasonship)

Lisa Spivak Liason to Tuxedo Police Department, Tuxedo Volunteer Ambulance Corps, the Assessor’s Office, Board of Assessment Review, Tuxedo Park Library $2500.00

($500 per liasonship)

Thomas Darling Liason to Monroe-Woodbury School District, Zoning Board of Appeals, Planning Board, Architectural Review Board, Joint Fire District $2500.00

($500 per liasonship)

Gary Phelps Liason to Monroe-Woodbury School District, Planning Board, Architectural Review Board, Tuxedo Chamber of Commerce, Tuxedo Silver Dollars $2500.00

($500 per liasonship)

The regular bi-monthly meeting of the Board followed.

Supervisor/Town Board Update:

The Supervisor reported having met twice with Town Engineers, H2M regarding the Waste Water Treatment plant, which the DEC is requiring the Town bring up to compliance. Two approaches have been proposed. The first is to apply a “band aid” to the plant which H2M estimates will cost $720,000. The second approach is to fix only certain elements of the plant (specifically the trickler system), which they estimate might cost $320,000. When making their decision, the Board will need to consider whether or not the Related Companies are actually going to build Tuxedo Reserve because if they do, they will they will be responsible for building a new plant. If they do move forward and build a plant, however, it might not be for anywhere from 2 to 7 years and, in the mean time, the Town and it’s waster water treatment plant still needs to be in compliance with the DEC.

The Supervisor also reported that following the meeting he conducted with residents of the East Village regarding impending construction on the Thruway bridge, he met with the engineers from the Thruway Authority. The engineers informed him that they are not planning to construct a 30-foot berm as rumored, but rather a berm which will run between 3 and 9 feet. Supervisor Dolan is asking the Thruway to construct a new fence and plant new trees on top of the berm as well and to include two new crash gates. Construction on this project is slated to begin in March and take approximately 1-1/2 years.

Supervisor Dolan also met with representatives of the DEC regarding Eagle Lake. This lake is owned by the Palisades Interstate Park Commission (PIPC), and they have been informed by the DEC that they must take the dam down. . The PIPC does not want to spend the money to do this work. The Town is not anxious to have it done because they fear that the lake will become a mosquito-infested field. The DEC has informed the Supervisor that if a spillway can be added, they would be OK with keeping the dam. Discussions are ongoing.

Finally, The Supervisor met with United Water regarding the system for Maplebrook, which will be ready to go soon. It was discovered that the well, which supplies this water was too deep so it has been raised by approximately 5 feet and the filtration system has been fixed. As soon as they receive DEC approval, Maplebrook’s water will come from Blue Lake.

The following Resolutions were passed:

a resolution to grant a permit and approve an agreement with WestwoodVelo, Inc for police coverage at a bicycle race to be held on Long Meadow Road on Sunday, August 7th.
a resolution authorizing execution of an agreement with Warwick Humane Society for 2011 Animal Shelter services.

The meeting adjourned into an Executive Session to discuss the police contract.

Agenda for Town Board Reorganization Meeting and Regular Bi-Monthly Meeting January 24, 2011

Call to Order
Pledge of Allegiance

2011 Reorganization Meeting

Regular Bi-Monthly Meeting

Minutes
Monthly Reports
Public Comments on Agenda Items

1. Town Supervisor/Town Board Update

2. Resolution to Grant Permit and Approve Agreement with Westwood Velo, Inc. for Police Coverage at Bicycle Race

3. Resolution to Authorize Execution of Agreement with Warwick Humane Society for 2011 Animal Shelter Services

4. Any other business as may come before the Board after this Agenda is posted

Public Comments
Budget Transfers
Vouchers

Adjournment

Town Board Meeting January 10, 2011

The Town Board met on Monday, January 10, 2011 at 7:30 pm. Councilperson Spivak was absent.

The meeting began with a moment of silence for long time Town resident Thomas Galuska who passed away on December 31.

Town Supervisor Update:

Supervisor Dolan reported that he recently held a meeting in the Sons Of Italy hall for residents of the East Village regarding the impending construction on the Thruway bridge. Residents expressed their concerns regarding the project and the Supervisor will now attempt to meet with the Thruway’s engineer to relay these concerns. Subsequently, he will set up another meeting with residents.

Resolutions:

The following resolutions were passed:

a resolution scheduling regular Board meetings for the year 2011 for the second and fourth Mondays of each month.
a resolution approving the following Town towing licenses through 12.21.11:

Tuxedo Gulf

Loyal Tire & Auto Center

NJV Auto Center

Tuxedo Auto Body

Harriman Auto

C.A.R.S.

a resolution authorizing an agreement with Bowne Management Systems for a Records Management Needs Assessment Report and a Records-focused Disaster Management Plan. These will be financed by a grant.
a resolution authorizing Town Counsel to represent the Town in a Lawsuit filed against the Town by Tuxedo Land Trust, et. al
a reminder that the annual Reorganization Meeting will be held on January 24, 2011 at 7:30 pm. It will be followed by the regular bi-monthly meeting.

Public Comments:

Mary Graetzer asked why the lights on the trees lining the train station parking lot had not been lit this holiday season. She was told it was because the trees needed major trimming and light restringing. Plans are to do this work so that the lights can be turned on in December2011.

Agenda for Town Board Meeting January 10th, 2011

Call to Order
Pledge of Allegianc
Moment of Silence and Reflection to Honor Memory of Thomas P. Galusk
Minutes
Monthly Reports
Public Comments on Agenda Items

1. Town Supervisor/Town Board Update

2. Resolution to Set Schedule of 2011 Town Board Meeting

3. Resolution to Approve Annual Towing Permit

4. Resolution to Authorize Records Management Consulting Services Agreement

5. Resolution to Authorize Town Counsel to Represent Town in Lawsuit Filed Against Town by Tuxedo Land Trust, Thomas Wilson, Mary Graetzer, Robert McQuilkin, Peter Regna, Torne Valley Preservation Association and Patricia Wooters

6. Reminder of Reorganization Meeting - January 24, 2011

7. Any other business as may come before the Board after this Agenda is posted

Public Comments
Budget Transfers
Vouchers
Adjournment

Agenda for Town Board Meeting December 30, 2010

Call to Order
Pledge of Allegiance

1. Review and approval of vouchers
2. Resolution to Introduce Local law Entitled “Fire Inspection Scheduling”
3. Any other business as may come before the board after this agenda is posted

Adjournment

Town Board Meeting December 13, 2010

The Town Board met on Monday, December 13, 2010 at 7:30 pm. All members were present.

Town Supervisor/Town Board Update:

The Supervisor reported that he has met with Orange and Rockland who are proposing rate increases of 12% for residents over three years and 40% for the Lighting District (street lights)! There is a coalition of 20 Towns who are getting together to fight this increase. Their goal is to reduce it to 8.5%. The maximum cost per Town for joining the suit will be $3000. The Board passed a resolution to join the suit unanimously.

Supervisor Dolan also reported having met with representatives from the NYS Thruway who are proposing to build a large earthen berm near the crash gate in the East Village. The Supervisor is attempting to set up a meeting to be held in the Sons of Italy Hall with Thruway representatives and residents of the East Village.

The Town has received a letter from the DEC stating that the Palisades Interstate Park Commission (PIPC) is proposing to drain Eagle Lake, located on Eagle Valley Road and fill it in to make a stream. There are some issues with the dam for this lake and the federal government has been shifting responsibility for dams to the dam owners. The Town is concerned about this possible action because the Fire District relies on Eagle Lake for water. It was decided that the Town would write a letter to delay the action, which would give them more time to look into the matter.

Resolutions:

The following resolutions were passed:

a resolution to re-schedule the 2011 Reorganization Meeting to January 24, 2011 at 7:30 pm. This meeting will be followed by the Board’s regular bi-monthly meeting.
a resolution appointing J.S. Braddock Agency as the Town’s General Liability Insurance broker
a resolution to retain Harold G. Roeder of Roeder’s Appraisal Service as appraiser in the Tax Certiorari Proceeding commenced against the Town by The Tuxedo Club.

Other Business:

Councilman Darling reported that the evaluation for a possible hydro-electric plant at the Powerhouse has been finished. He will present the report at a future meeting.

The meeting adjourned into an Executive Session to discuss the Police contract.

Agenda For Town Board Meeting December 13, 2010

Call to Order
Pledge of Allegiance

Minutes
Monthly Reports
Public Comments on Agenda Items

1. Town Supervisor/Town Board Update

2. Resolution to Schedule 2011 Reorganization Meeting

3. Resolution to Appoint Town General Liability Insurance Company

4. Resolution to Retain Appraiser in Tax Certiorari Proceeding Commenced Against Town by The Tuxedo Club

5. Any other business as may come before the Board after this Agenda is posted

Public Comments
Budget Transfers
Vouchers

Adjournment

Town Board Meeting November 22, 2010

The Town Board met on Monday, November 22, 2010 at 7:30 pm. All members were present.

The meeting was preceded by a Board members-only meeting with Attorney Larry Wolinsky to receive advice from counsel.

The evening began with a moment of silence for lifelong Town resident, James H. Barth who passed away on November 3rd.

Public Hearing on 2011 Woodlands Sewer rates:

There were no comments. The rates will remain the same. They have not changed in 11 years.

Public Hearing on Local Law Entitled “Licensing and Control of Dogs”:

There were not comments. Dog licensing used to be done by the County, but as of January 1, 2011, they will not be doing it anymore and the Town will take over.

Public Comments on Agenda Items:

The Supervisor informed the sizeable crowd that any comments on the Tuxedo Reserve agenda item would be heard when they got to that item.

Residents of the East Village expressed concern regarding impending construction on the Thruway bridge and the impact it might have on ongoing flooding in that area. In response to these concerns, the Board decided to invite the Thruway’s Engineer for the project to their December 13 meeting at which time interested residents can ask questions of him directly.

Resolutions:

The following resolutions were passed:

a resolution approving the Woodlands Sewer Rates
a resolution adopting Local Law Entitled “Licensing and Control of Dogs”
a resolution to retain Brian Rogers to provide appraisal opinions in the tax certiorari proceedings commenced against the Town by John Paul Primiano
acknowledgment of receipt of the liquor license renewal for Taverna Tuxedo

Discussion and Resolution to (a) Approve Third Amendment to Special Permit issued for Tuxedo Reserve Development, and (b) Adopt Local Law entitled “Tuxedo Reserve Rezoning” and (c) Adopt Local Law entitledl “Amendment to Local Law No 4A of 1998”:

Supervisor Dolan opened the discussion by stating that comments from the public would be limited to 3 minutes per speaker. He then asked Attorney Larry Wolinsky to summarize the night’s proposed proceedings. Mr. Wolinsky stated that there would be a series of actions outlined as follows: First, consideration of adoption of a Findings Statement under the State’s Environmental Quality Review Act (SEQR) which would close out that process for the proposed Tuxedo Reserve modifications and amendments. Second, assuming the statement is adopted, there would then be consideration of two zoning relations resolutions:

A. relating to zoning change amendments within the Tuxedo Reserve area in order to accommodate the project modifications

B. -an amendment to a previous local law that set the minimum of single detached houses at 866 which will now be reduced to 764.

Finally, assuming these resolutions are passed, the Board will consider granting a Special Permit To Tuxedo Reserve.

Sue Scher –wondered what The Board’s rush is to approve the project. She pointed out that Tuxedo Reserve had received approval to build several years ago, but has not yet made an attempt to build anything Is this because of the economy? The developer’s funding? The Town of Tuxedo has no experience with The Related Companies, however they do have multiple reports from Colorado of various, serious problems with the Related development there. With this in mind, she suggested that the Town should wait until the first phase of the development has been completed and is successful before approving any more units.

Jim Hays – noted that the Board had spent a lot of time reviewing the project and expressed his gratitude for their efforts. Nevertheless, he has many concerns, among them:

the haste with which the Board is moving toward a final vote
the secrecy with which the work has been done. Why has the public not seen the Findings Statement or the Amendment? Why hasn’t there been any open discussion of the project by the Board members?

Mr. Hays observed that the amendment calls for a number of additional multifamily houses in Phase 1 of the project, and he noted that the Town doesn’t really know what any of these units will sell for. What they do know , however , is that last Friday a 7 bedroom, 6-1/2 bath mansion on 19.3 acres on a hill with views of Tuxedo Lake sold for $1.9 million. Instead of granting permission for the whole project, Mr. Hays suggested moving forward with Phase One only and monitoring how many units sell and at what cost. If phase one lives up to expectations and the fiscal impact is positive for the Town, then grant the developer permission to build more. This project will have a huge impact on the school, which represents a large portion of taxes in this community. There are many risks associated with it. It is the Board’s obligation to reduce these risks as much as they possibly can.

Rob Zgonena – stated that he has been following the Tuxedo Reserve project for many years and after having reviewed several parts of it from a purely economic standpoint, he has concluded that any tax-neutral or tax-positive rationale simply can not be correct. While he appreciates Jim Hays’ having brought the TopRidge auction to the Board’s attention, he chose to examine recent activity in Eagle Valley where homes of high quality are stretching to get in the $700,000 range. If the developer thinks they will sell similar homes for $1.4 million or more……it’s not happening. The figures for tax revenues are off by 30 or 40%!

Alan Heywood – reminded the Board that they had been elected to represent the views, desires and opinions of the electorate at large and not to try to force on the community a development that almost nobody wants!

Larry Darby – wondered how the Town could be sure they’ll get the development they’ve been promised? He referenced one of the workshops on the Smart Code, where it was stated that the Planning Board has the ability to grant waivers whenever it thinks it’s necessary or desirable. In. Mr. Darby’s view, that seems pretty vague and broad. At that same workshop, Mr. Wolinksy stated that he recognized that this was a problem and that language would be carefully drafted to address the issue so that no waivers compromising the integrity of the project couldnot be granted. Mr. Darby inquired as to how that had been accomplished. Supervisor Dolan responded that he did not know yet.

JoAnne Vernon – speaking on behalf of the School Board, of which she is the President, stated that the Board had only received the latest document on November 10 and had not had time to review it. As there are multiple implications for the School Board with this development they are requesting time to review the document and comment. Supervisor Dolan stated that he would not address this as it was stated in the Permit that prior to the Town granting first building permit, the applicant must enter into a binding agreement with the School District. This comment was followed by a heated discussion in which .The Supervisor insisted that the School District had been provided with information on multiple occasions and Mrs. Vernon responded that it had been months since new information has come to the District! She again pleaded for more time to view and assess the impacts of the project on the School District.

John Kilduff – Regarding the fiscal Impact Stude, Mr. Kilduff pointed out that there had been a major change to the region due to New Jersey Governor Christie cancelling the proposed rail tunnel under the Hudson, which was central to the access to the region’s core. This project was supposed to improve commuting times drastically and take many cars off the highway, Howevernow, it will not be done.. This is a big material change and considering this along with the school issues , he asked the Board not to approve anything until they’d had a chance to consider these changes.

Mary Yrizarry – reminded the Board that when the Project first started, she had informed the Board that there were many people in Town with expertise on finances as well as other aspects of the project and at that time she had implored the Board to take advantage of that expertise in their review. Since that time, many of these people have testified at public hearings and submitted written statements to the Board, however it doesn’t appear to her that the Board has paid much attention to any of these comments. Mrs. Yrizarry feels that the Board

Patsy Wooters – urged the Board to deny the Permit. She pointed out that when the Town’s Engineer had been asked if there would be any impact from the development on the fissures in the bedrock, he hesitated and then said he didn’t think there would be any. Mrs. Wooters stated that this is a case where “any answer but a no…is a yes!” She lives downstream of the project and holds this Board responsible for protecting her water. She hopes they take this responsibility to the millions of people downstream seriously owes it to the rest of the Town to take these comments into consideration.

Dan Castricone – former Councilman and present County Legislator stated that he appreciated that the Board has put a great deal of time into this application, but he would like to see one more public meeting, held in the High School Auditorium at which he Board displays:

The2004 Plan
-The developer’s proposed i amendments
- What has been negotiated by the Town.

Following this there should be an opportunity for the public to submit written comments to the Board, which would give them an opportunity to hear from people that they haven’t heard from.

Mary Graetzer – seconded Mr. Castricone’s suggestion. She said she understood that the Board felt they had been listening to public comments for a long time, but they must consider the fact that this project will change this Town and the way of life therein forever. There will be no “do-overs.” Since they are looking at forever, what is their rush? She asked them to consider that this is the people’s Town and their lives that are being voted on.

Tom Ternquist – representing the Rockland Sierra Club stated he was reaffirming the opinion of the Torne Valley Preservation Association.

Steve Gross – supported Mary Yrizarry’s statement. He commented that there are a tremendous amount of people in Town with financial expertise who were looking forward to the opportunity of providing input on the fiscal impact of the project. They didn’t get that opportunity. When the public hearing was closed on November 26, 2009, the Supervisor promised that the Town was going to hire an independent fiscal consultant and when his report was finished, he would reopen the public hearing on that subject only. This didn’t happen. Instead of putting the report into the draft EIS where it could be commented on, it was put into the final EIS with no public comment allowed. The opportunity of utilizing the fiscal expertise that is available in Town was missed. This was also a failing of the SEQR process.

Uli Pendl – stated that he agreed with Dan Castricone 100%. He reiterated a point that he has repeatedly made to the Board, which is that in his view the fiscal impact study which they had done is not worth the paper it is written on. What he feels is needed is a “business plan,” for the Town which states what will happen once the project has been built.

Tom Wilson – stated that should the Board vote to approve a permit that evening, they would need to demonstrate to the community that they have not been arbitrary and capricious in their finding. Regarding the TopRidge auction that occurred on Friday, since this property is directly adjacent to the Tuxedo Reserve project, he doesn’t feel one can ignore the fact that a 12,500 square foot home on 19 acres overlooking a lake sold for $1.9 million dollars. Compare this to a 3bedroom home on 1/3 of an acre selling for $1.4 million dollars and it’s a joke. It’s arbitrary and capricious. Additionally, he commented that he had heard discussion regarding the construction of a sewer plant. He inquired as to where it would be built, how much it would cost and What the environmental impact would be. He further commented that construction of a 4-lane highway to Mountain Lake has been added to the plans. This was just arbitrarily decided over the summer. What will be the environmental impact?? Mr. Wilson stated that in his view it’s pretty clear that if the Board were to act that night , they would be acting arbitrarily and capriciously and he plans to l take further action.

Kristian Matthews – commented that he hoped the Board would consider the implications to the traffic in the area with the addition of 1195 extra homes. As it is, it’s difficult to get to the Thruway entrance or to Suffern in the morning. He expressed concern over an addition to the sewer plant which is located near his house and which already smells. He is also concerned with the potential effects to the Ramapo since he is already experiencing frequent flooding.

Kathy Norris – remarked that she was surprised to see more time spent on the discussion of the Thruway bridge than on the Tuxedo Reserve project. She is concerned about the number of school children that will be generated by the project and stated that she would like to see the Village secede from the Town because she doesn’t want to pay for it. She suggested that the Board does not listen to it’s residents, and that now is the time to listen.

At the conclusion of the public comments, Supervisor Dolan stated that a Special Permit is in place and, as such, the Town is not in a position to decide whether or not the applicant can or can not build anything. They can build under the present, 2004 permit. According to the Supervisor, all the things that the Town Board has negotiated during ecent months, will make the project better. He then listed the main points that had been negotiated as follows:

a new sewer plant to be built before any certificate of occupancy is issued if the applicant can’t hook up to the Western Ramapo sewage plant in Hillburn. This would be a modern plant, built on the same site as the present plant and it won’t smell!
a new highway garage built in the project so if the Town needs to bring trucks there and store them, they can
a new Town Hall – after 12 years, the Greeting Center will be turned over to the Town for use as a Town Hall
44 acres of land outside of the project down along the river
a room in the common area in which to hold large meetings so the Town won’t have to go to the school
another acre of land within the project to be used for open space
except for the 3 spine roads, all the roads in the project will be maintained by the Homeowners Association (HOA)
the applicant can convert smaller homes to larger homes as long as the bedroom count is the same
the Library will now have 12 years from the issuance of the first building permit to raise funds for a new building within the project. If they can’t raise the funds, the Town will have a further 3 years to raise the funds.
the HOA – home buyers will need to put money into a reserve fund to support the HOA. The amount will be decided by the Town Board at a later date.
a reduction and relocation of the homes around Mountain Lake
3000 square feet of commercial space has been increased to 30,000 square feet.

In response to some of the questions posed by the public, it was stated that a Draft Supplemental Environmental Impact Statement had been issued and delivered to the School district, following which there were public hearings and a public comment period. No comments had been received from the School Board. The Final Supplemental Environmental Impact Statement was also delivered to the school, but now the time for public comment is over. Mrs. Vernon stated that she had tried to attend the first pubic hearing in the Eagle Valley Firehouse but had been shut out. Mr. Wolinsky declared that the process works two ways and it serves not only the Town but also the applicant, There needs to be an injection of fairness on both sides. He stated that the issue of school children had been discussed over and over again since the beginning of the project and had been revisited by an expert, Bay Area Economics, as part of the most recent Fiscal Analysis.

A resolution to accept and approve the Findings Statement was then read. It was resolved by Supervisor Dolan, seconded by Councilman Phelps and approved unanimously.

This was followed by two resolutions, one to adopt Local Law #4 entitled “Tuxedo Reserve Rezoning,” and one to adopt Introductory Law #5 entitled “Amendment to Local Law #4 or 1998,” These were also adopted unanimously. Next, Attorney Wolinsky read through the Special Permit, mentioning the subject matter of each section. It was promised that the entire text of the Findings Statement and the Special Permit as well as the two Laws would be posted on the Town Website as soon as possible..

The Board then adjourned into an Executive Session to discuss police matters.

Agenda for Town Board Meeting November 22, 2010

Call to Order
Pledge of Allegiance

Special Meeting to Receive Advice from Counsel

MOMENT OF SILENCE TO HONOR MEMORY OF JAMES H. BARTH

Public Hearings:

2011 Woodlands Sewer Rates
Local Law Entitled “Licensing and Control of Dogs”

Minutes
Monthly Report
Public Comments on Agenda Items

Town Supervisor/Town Board Update
Resolution to Approve Woodlands Sewer Rates
Resolution to Adopt Local Law Entitled “Licensing and Control of Dogs”
Resolution to Retain Appraiser in Tax Certiorari Proceeding Commenced Against Town by John Paul Primiano
Acknowledgment of Receipt of Liquor License Renewal for Taverna Tuxedo
Discussion and Possible Resolution to (a) Approve Third Amendment to Special Permit issued for Tuxedo Reserve Development, (b) Adopt Local Law entitled “Tuxedo Reserve Rezoning” and (c) Adopt Local Law entitled “Amendment to Local Law No. 4A of 1998”
Any other business as may come before the Board after this Agenda is posted

Public Comments
Budget Transfers
Vouchers
Adjournment

Town Board Meeting November 8, 2010

The Town Board met on Monday, November 8, 2010 at 7:30 pm. All members were present.

The meeting began with two public hearings.

Public Hearing on 2011 Preliminary Budget:

The only speaker at this hearing was Budget Officer Pat Sullivan who had 4 changes to line items in the budget. The tax rate will rise 3.28% outside the Village and 3.46% in the Village.

Public Hearing on 2011 Sewer Rates and 2011 Sterling Mine Estates Drainage District rates:

There were no comments on these rates.

Public Comments on Agenda Items:

Mary Graetzer of Tuxedo Park stated that she found it unusual that the Board could accept the Tuxedo Reserve FSEIS as complete when no independent fiscal analysis has been done. She asked if the public would have a chance to see the document being voted on as it doesn’t appear on the Town’s website. Supervisor Dolan responded that if the FSEIS was accepted at this meeting, it would be available the next morning, along with the latest report from fiscal consultants, The RES Group. Attorney Larry Wolinsky stated that until it had been accepted as complete, the FSEIS was not a public document.

Steve Gross of Hudson Highlands Environmental Consulting asked why The RES Group document, which the Board received a week ago, had not been made public. Mr. Wolinsky responded that the Town Board is under no obligation to make things available to the public immediately as they come in. Mr. Gross recalled that at the end of the public hearing back in November of 2009, it was stated that a fiscal report from the Town’s independent consultant would be forthcoming and that when it became available, the public hearing would be reopened and the public would be allowed to review the report and comment on it. Mr. Wolinsky responded that he didn’t recall this, but would check the meeting transcripts.

Mrs. Graetzer voiced her hope that the next steps in the process would include a public meting where all five members of the Town Board discussed their feelings and opinions about the project, which is her understanding of the intent behind the Open Meetings Law. Mr. Wolinsky responded that there had been 9 or 10 workshop meetings on the SEIS that were open to the public and that there had been “discussion and deliberation” at all of them. Mrs. Graetzer suggested that perhaps Mr. Wolinsky’s definition of “discussion and deliberation,” was very different from her own!

According to Mr. Wolinsky, what will happen next is a “consideration period,” during which the public and the Lead Agency (the Town Board) will consider the document prior to making a decision. This period will last a minimum of 10 days.

John Kilduff, , commented that he, too, was under the impression that before the Board voted to accept the FEIS, there would be a public hearing on the fiscal analysis. The Town conducted an analysis as did the Tuxedo Land Trust. The Land Trust’s analysis showed a rather poor outcome for the current residents of Town so Mr. Kilduff thought there would be a hearing on the competing and divergent fiscal analyses. On that basis, he urged the Town not to accept the document as complete, and to proceed along the lines that he and others thought would occur.

Town Supervisor/Town Board Update:

Supervisor Dolan reported that since the last meeting, the Board has been meeting diligently and independently on the Tuxedo Reserve issue. He has also been working on the budget.

Resolutions:

The following resolutions were adopted:

a resolution to adopt the 2011 Final Budget
a resolution to Accept Tuxedo Reserve Final Supplement Environment
Impact Statement as Complete*
a resolution to appoint Robert Marsh, Sr. as seasonal snow plow operator
a resolution clarifying conditions of and probationary periods for promotional appointments to Police Sergeant
a resolution granting a special Sign Permit to the Tuxedo Historical Society in front of it’s headquarters to be used to publicize their hours and special events.
a resolution scheduling the annual pubic hearing on Woodlands Sewer rates for Monday, November 22, 2010 at 7:30 pm

*The Town received the FEIS from The Related Companies on Tuesday, November 2. The final RES report was also received on that day. According to Supervisor Dolan, the following changes have been made to the Tuxedo Reserve project:

Mountain Lake – Many units were relocated away from the wetlands to make the project more environmentally sensitive.
Wastewater Treatment Plant – The Town will not issue a building permit until either a plan for the construction of a new, replacement plant has been approved by the DEC or a plan to hook up to the Western Ramapo Wastewater Treatment Plant is in place. The Town will not issue a certificate of occupancy until a replacement plant has been constructed or the project has been hooked up to the Western Ramapo plant. This is a change from the 2004 permit which allowed for the construction of 80 houses before a sewer plant was built.
Fiscal Impact – The Board wanted to make the project more fiscally positive. After negotiations, the project has gone from being $77,000 fiscally positive to $384,000 fiscally positive. This came about because:

The applicant has agreed to lease for $1 a year for 30 years, 3000 square feet of property for a highway garage to be built by the applicant in Phase One.
12 years after the first certificate of occupancy is issued, the applicant will donate the Greeting Center to the Town to be used for a new Town Hall. Tuxedo Reserve reserves the righ to occupy up to 1000 square feet of the building for continued operation as a project office.
The applicant will donate to the Town two parcels of land totally approximately 45 acres. These pieces of property are located outside the project, along the Route 17 corridor next to the Ramapo River. The applicant will also donate to the Town approximately 1 acre in the middle of the project to be used as an open field.
As part of the Homeowners Association (HOA) the Town Board will be allowed to conduct meetings with space for up to 200 people in the Community Center.
The applicant has agreed to offer only the project’s 3 “spine roads” for dedication to the Town. All other roads in the project will remain private and will be maintained by the HOA. Thus, out of approximately 14 miles of roads in the project, the HOA will maintain 10 of them and the Town will maintain 4.
Within the project, there are several classifications (categories) of homes. “Cottage” homes and “Village” homes each have 3 bedrooms although “Village” homes are slightly larger and are sited on a larger lot. The same relationship exists between “Manor” and “Estate” homes and “Townhouses,” and “Multifamily”. The builder will now have the ability to upgrade within these categories to the larger of the two homes, thus creating more tax revenue without generating additional schoolchildren.

Steve Gross inquired whether or not the larger homes contained additional rooms, such as a den, that could feasibly be converted into a bedroom later on. Supervisor Dolan responded “the answer is…you can always convert a den into a bedroom.” Councilperson Spivak remarked that “as long as they don’t put a closet in, it’s not a bedroom.”

The Library – If, after 12 years, the Library can’t secure the funding to build a new Library on the provided lot, the Town will be given 3 years to raise the money and build a building with similar use.
The HOA – The Town Board was very concerned with creating a strong HOA. Every house will have to put a certain amount of money into the HOA. That amount is still being negotiated, but Larry Wolinsky will provide the wording by the time the Special Permit is issued. When someone buys into a neighborhood, their HOA contribution will be held in escrow so that if someone fails to maintain their property, the HOA can take the money and do the maintenance. Mrs. Graetzer asked what provision would be made for if the HOA should itself fail. Mr. Wolinsky replied that in that case, “backup districts” were being created which would then serve to collect taxes covering the expenses. Tom Wilson remarked that there should be a backup road district as well or else 1000 Tuxedo Reserve residents could pack Town Hall and demand that the Town take over maintenance of the roads. Mr. Wolinsky responded that there is a provision for a backup road district and that this is the reason why these provisions are made now, before the project is built. Steven Barshoff, attorney for Tuxedo Reserve, stated that provision for the backup districts has been in place since the 2004 permit.

Tom Wilson inquired as to whether or not Tuxedo Reserve has an agreement in place with the Western Ramapo Wastewater Treatment Plant. The answer was no. Mr. Wilson then asked Andrew Dance of Related what he plans on doing if he is unable to connect to that plant. Mr. Dance replied “replace the existing plant.”

Frank Peverly, President of The Woodlanlds HOA cautioned the Town that the Tuxedo Reserve HOA should be set up with the knowledge that down the line, the members of that HOA could decide to dissolve themselves. He recounted that The Woodlands HOA had looked into dissolving seven or eight years ago and discovered it would be positive for their residents to do so. Because there are various other issues in that community, they have chosen not to do it , but Mr. Peverly thinks the Town should be careful about it.

Supervisor Dolan responded that the Board became concerned about the HOA after their recent field trip as that development doesn’t have an HOA at all. The Board wants to do everything it can to keep property values high in Tuxedo Reserve.

John Killduff commented that at one of the workshop meetings he attended, the focus seemed to be on maintaining the number of units in the project. The number of units, and more specifically the fact that the Tuxedo Reserve project will double the size of the Town is one of the things that concerns the Land Trust. Mr. Kilduff wondered if there was any reason why the Board hasn’t tried to negotiate the number of units down . Supervisor Dolan responded that The Board had never considered downsizing the project. They were more focused on making it fiscally positive. Mr. Kilduff commented that he wondered if 1195 units were necessary to make the project work for the Town. Would there be trouble if only 800 units were built?

Steve Gross took issue with the statement that the Mountain Lake area of the development has been made more environmentally sensitive. He contends that there are 3 issues with Mountain Lake: 1-forest fragmentation 2- the wildlife corridor between the two wetlands and 3- the location of development over the water bearing fracture. The issue of wetlands was never really a concern except for the fact that two wetlands located near each other created a wildlife corridor. The changes that have been made did reduce the forest fragmentation, but he doesn’t see any reduction of impact to the corridor or in placing development over the fracture. Town Planner Bonnie Franson responded that it had been decided that the area where the houses are now located was not as important as the intermittent stream. Mr. Gross disagreed and said that every other environmental expert has agreed that the area referred to as “the saddle” where the houses are now located, is the main wildlife corridor between the two wetlands.

Attorney Wolinsky then commented that after the aforementioned “period of consideration,” there will be a Statement of Findings which needs to be approved by the Board. This will be followed by the issuing of the Special Permit.

Public Comments:

Brian Clancy from Sterling Mine Estates inquired about the zoning and improvements for that development. The Supervisor responded that improvements as well as the cleaning out the basin would be started either at the end of November or the beginning of December. The Town also plans to pout some vegetation on the retaining wall.

Agenda for Town Board Meeting November 8, 2010

Call to Order

Pledge of AllegiancePublic Hearings:
• 2011 Preliminary Budget
• 2011 Special District Rates

Minutes
Monthly Reports

Public Comments on Agenda Items
1.Town Supervisor/Town Board Update
2. Resolution to Adopt 2011 Final Budget
3. Resolution to Accept Tuxedo Reserve Final Supplemental Environmental Impact Statement as Complete
4. Resolution to Appoint Robert Marsh, Sr. as Seasonal Snow Plow Operator
5. Resolution Clarifying Conditions of and Probationary Periods for Promotional Appointments to Police Sergeant
6. Resolution to Grant Special Sign Permit to Tuxedo Historical Society
7. Any other business as may come before the Board after this Agenda is posted

Public Comments
Budget Transfers
Vouchers
Adjournment

Town Board Meeting October 25, 2010

The Town Board met on Monday, October 25, 2010 at 7:30 pm. All members were present.

The meeting began with a moment of silence for Dr. Ellen Brown, a long time Tuxedo Park resident, who passed away recently.

Town Supervisor/Town Board Update:

Supervisor Dolan reported that he has been working on the Town Budget, the Police contract and Tuxedo Reserve. He commented that one of the most critical things learned by the Board during their recent site visit to Robbinsviille, NJ is the importance of a strong Homeowners Association (HOA). The development they visited does not have a HOA and, as a consequence, properties in close proximity to each other are not uniformly maintained. Accordingly, the Supervisor has contacted Frank Peverly, President of the Woodlands HOA and Mr. Peverly has provided his organization’s documentation to be used by the Board for guidance.

The Supervisor also mentioned that he has a received a letter from the state DEC regarding the Northern cricket frog which is on the endangered species list. The frogs migrate twice annually and this is one of their migration periods. The DEC has requested that the Town not schedule any road construction projects for Bramertown Road or Mombasha Road during these periods.

Resolution:

As of January 1, 2011, New York State will no longer be licensing dogs and thus it will be necessary for the Town to take over this process. Accordingly the Board introduced Local Law #3, “Licensing and Control of Dogs.” A public hearing will be held on the law on Monday, November 22, 2010 at 7:30 pm.

Reminder:

Supervisor Dolan reminded the public that public hearings on the 2011 Prelilminary Budget and Hamlet Sewer Charges will be held on Monday, November 8, 2010 at Town Hall commencing at 7:30 pm.

The meeting adjourned into an Executive Session to discuss the Police contract.

Agenda For Town Board Meeting October 25, 2010

Call to Order
Pledge of Allegiance
Minutes
Monthly Reports
Public Comments on Agenda Items

Town Supervisor/Town Board Update
Resolution to Introduce Local Law Entitled “Licensing and Control of Dogs”
Reminder of Public Hearings on 2011 Preliminary Budget and Hamlet Sewer Charges - 11/08/10
Any other business as may come before the Board after this Agenda is posted

Public Comments
Budget Transfers
Vouchers
Adjournment

Town Board Meeting October 12, 2010

The Town Board met on Tuesday, October 12, 2010 at 7:30 pm. All members were present.

The meeting began with two appointments in the Police Department. Douglas Russell was named Sergeant and David Decker was appointed as Detective.

Presentation by New Horizon Community Corp:

‘Representatives of the New Horizon Community Corp. are proposing to convert the International Paper (IP) building, located at the corner of Warwick Brook and Long Meadow Roads, into an assisted living facility for autistic young adults. The one and a half year old New Horizon Corp. is a for profit company and thus, under their ownership, the property would remain on the tax roll. IP currently pays $29,000 in Town taxes annually. The facility would house approximately 147 clients. The proposed use is not currently permitted under the Town’s zoning code so it would require a zoning change if approved. Supervisor Dolan expressed some concern about the potential costs to the Town, including a possible increase in Police and Ambulance services. Should the Town decide to consider this use for the property, they will need to conduct an environmental review under which potential expenses to the Town will be analyzed and, hopefully, mitigated by New Horizon Corp.

Budget:

The filing of the 2011 Tentative Budget on September 30, 2010 was formally acknowledged.

Resolutions:

The following resolutions were passed:

a resolution to Schedule a Public Hearing to receive comments on the 2011 Preliminary Budget and the 2011 Budget for Special Improvement Districts on Monday, October 25,2010 at 7:30 pm
a resolution appointing Ellwood “Skip” Briggs as Member of the Board of Fire Commissioners
a resolution reappointing Edward Brennan as Board of Assessment Review member.
a resolution appointing Police Chief Patrick Welsh as the Town’s Workplace Violence Contact
a resoluiton granting a Special Permit for an arts & crafts fair at the Eagle Valley Firehouse on November 7, 2010
a resolution authorizing Town Counsel Jacobowitz & Gubits to defend the Town in several Certiorari proceedings
a resolution authorizing an agreement for Police Coverage for the Forest of Fear for the 2010 season
a resolution granting a Special Permit for carnival rides at the Forest of Fear for the 2010 season.

Public Comments:

Ulrich Pendl of Tuxedo Park read a statement complaining about the lack of any independent fiscal analysis for the Tuxedo Reserve project. He stated that as far as he can tell at this time there will be no study or specific information about the benefits of the development—economic, business or otherwise—provided for the Town and its residents.

Speaking on behalf of the Tuxedo Land Trust, John Kilduff of Tuxedo Park questioned whether a public hearing would be held for the New Horizon project. Attorney Nichols responded that if the Town Board allows the project to proceed, there will be a public hearing. Mr. Kilduff then inquired about the Town Board’s recent field trip to look at a completed development in New Jersey. Specifically, he asked whether the meetings conducted on this trip violated the Open Meeting Law as members of the Tuxedo Land Trust as well as TARGET Tuxedo were specifically told they could not participate. Councilmember Spivak responded that since the Town Board had cancelled their meeting with the RES Group, the field trip served as only a fact-finding visit. Town Attorney Donald Nichols responded that he had informed the Town Board that this visit and the associated meetings were not a violation of the Open Meetings Law. He said that his decision was based on “case law.” In responseStephen Gross, speaking for the Tuxedo Land Trust, strongly disagreed with that position. Supervisor Dolan commented that they had all learned important things from the trip. When pressed for details, he mentioned that they had begun to realize the importance of a strong Homeowners Association. Accordingly, the Supervisor will meet with Frank Peverly, President of the Woodlands Homeowners Association to get more information. Councilman Darling commented that he had noticed problems with some of the materials used.

Jim Hays of Tuxedo Park emphasized to the Board that the Town is in a very strong bargaining position in their negotiations with Tuxedo Reserve regarding their requested amendment to their Special Permit of 2004, They don’t have to agree to any changes, but if they do, they should get something back in return. There are many potential expenses to the Town that should be considered and mitigated, such as , additional equipment needs of the Fire District and Ambulance Corps. The Homeowners Association (HOA) has significant responsibilities (i.e. responsibility for maintenance of the water supply and storm water management systems.) In Mr. Hays’ view The Board should also assure that the HOA is responsible for retaining walls,swales and rain gardens even if these are in road right-of-ways. He suggested that If the HOA should fail, the Town should have the legal right to assess the residents of the development for any expenses it incurs to maintain these systems. Additionally, he commented that The Town Board should charge their consultants with the task of determining all these expenses and make sure none of them fall on the shoulders of the Town’s current taxpayers.

Councilman Darling read into the record a letter he recently wrote to the Village of Tuxedo Park Board of Trustees complaiining about Trustee Tom Wilson’s having appeared at breakfast during their recent trip and attempting to question the Board members while being filmed by an associate. Councilman Darling feels that Trustee Wilson’s behavior has gone “far beyond a healthy dialog.” He then provided certain members of the audience (Jjim Hays, John Kilduff, Ulrich Pendl, Patsy Wooters) with the Orange County Board of Ethics mission statement should any of them want to lodge a complaint against the Town Board.

Supervisor Dolan reiterated that he could not publically discussTuxedo Reserve because of the Board’s negotiations with the developer. Councilmember Spivak stated that at the end of the Board’s deliberations about Tuxedo Reserve, they will discuss their changes to the amendments and how they arrived at these decisions with the public.

The meeting then adjourned into an excecutive session to discuss Police bargaining agreement matters.

Agenda for Town Board Meeting October 12, 2010

Call to Order
Pledge of Allegiance
Minutes
Monthly Reports
Public Comments on Agenda Items

Resolutions to Appoint Douglas Russell as Police Sergeant and David Decker as Police Detective
Presentation by New Horizon Community on Conversion of Former International Paper Building as Facility for Assisted/Independent Living for Young Adults with Autism
Town Supervisor/Town Board Update
Acknowledgment of Filing of 2011 Tentative Budget on September 30, 2010
Resolution to Schedule Public Hearing to Receive Comments on 2011 Preliminary Budget Special Improvement Districts, Include Hamlet Sewer and Sterling Mine Estates Drainage District
Resolution to Appoint Ellwood “Skip” Briggs as Member of Board of Fire Commissioners
Resolution to Re-Appoint Edward Brennan as Board of Assessment Review Member
Resolution to Appoint Police Chief Patrick Welsh as the Town’s Workplace Violence Contact
Resolution to Grant Special Permits for Arts & Crafts Fair at Eagle Valley Firehouse - 11/07/2010
Resolution to Authorize Defense of Town by Jacobowitz & Gubits in Certiorari Proceedings
Any other business as may come before the Board after this Agenda is posted

Public Comments
Budget Transfers
Vouchers
Adjournment

Agenda for Town Board Meeting October 7, 2010

Call to Order
Pledge of Allegiance

Resolution to Enter into Executive Session for the Sole Purpose of Discussing Employee Salaries, Staffing and Employment History

Adjournment

Agenda for Town Board Meeting Sept. 28, 2010

Call to Order
Pledge of Allegiance

Regular Meeting for the sole purpose of the review and approval of vouchers

Adjournment

Town Board / Tuxedo Reserve Workshop Meeting September 23, 2010

The Town Board held a workshop meeting on Thursday, September 23, 2010 at 8: 00 am. Present were Supervisor Peter Dolan and Town Council members Cliff Loncar and Gary Phelps as well as Town Consultants Bonnie Franson, Larry Wolinsky and Jeff Marsden. Present for the applicant Tuxedo Reserve were Project Manager Andrew Dance and Attorney Steven Barshoff.

The purpose of the meeting was to continue the discussion regarding the Smart Code. Town Planner Franson had circulated a memo, which enumerated her comments on the subject, and Board members took this opportunity to ask questions based on the memo. The following issues were disucssued:

Consideration of which provisions within the Smart Code should be modified by Waiver versus which should be prohibited from being waived.
Accurately calculating Gross Floor and whether or not attics and basements should be included in this calculation.
Parking

The following were also discussed:

Performance Standards (These cover Stormwater management, grading and steep slope protection, road standards, sanitary sewer, water supply, soil erosion and sediment control, tree surveys as well as water quality testing.) It was agreed that prior to the issuance of the first building permit, the developer must submit and Environmental Compliance Document to the Town Code Enforcement Officer for his review and approval.
Design Guidelines

At the conclusion of the meeting, Mr. Wolinsky stated that the Board has completed their initial review of the DFEIS document. The applicant must now submit a new version incorporating points raised at the workshop discussions. This should be ready by next week.

Town Board / Tuxedo Reserve Workshop Meeting September 13, 2010

The Town Board held a workshop meeting on Monday, September 13, 2010 at 6:00 pm. Present were Supervisor Peter Dolan and Town Council members Lisa Spivak, Gary Phelps, Tom Darling and Cliff Loncar as well as Town Consultants Bonnie Franson, Larry Wolinsky and Jeff Marsden. Present for Tuxedo Reserve were Project Manager Andrew Dance and Attorney Steven Barshoff.

The subject matter for this meeting was the Smart Code, and much of the discussion focused on waivers. Mr. Wolinsky stated that he is not 100% satisfied with the language about waivers in the DFEIS and is working with the applicant to correct this. In his view, waivers are not unusual occurrences but are intended to deal with limited circumstances in design and construction. They should be for an isolated and limiting experience and are not intended to solve a design problem that should have been discovered earlier on. He further stated that the Tuxedo Reserve project as proposed has not been heavily engineered in advance and the resulting risk of this must be born by the applicant, not the Town. Discussion centered on who would ultimately make decisions on waivers. Ms. Franson sated that what goes back to the Town Board and what goes to the Zoning Board of Appeals is not clear in the document. The Town Board feels that the Zoning Board might not be familiar enough with the project to issue waivers. Mr. Wolinsky reiterated that they need to expand the waiver language and then bring the document back to the Town Board.

There was also a discussion about recreation fees. Under the present Town Code (PID law) the recreation fee is $1500 per residential unit, payable when the building permit is issued. Mr. Dance stated that Related might have access to property either adjacent to or near the project that would be suitable for active Town recreation and he requested that there be some provision to donate this land and then deduct it’s worth from the recreation fees. The Town will consider this request.

There was a short discussion regarding Construction, which centered mostly on catchment areas in the project, which will all be located in the right of way, not on individual lots. Phasing still needs to be discussed.

On September 27th, the Board and its consultants plan to take a field trip to Washington Township, Mercer County, NJ., where there is an existing development operating under a Smart Code. They will drive down the night before, meet with the Township Officials first thing in the morning and return home in the afternoon.

There will be another workshop session focusing on the smart code on September 23rd at 6 pm.

Town Board Meeting September 13, 2010

The Town Board met on Monday, September 13, 2010 at 7:30 pm. All members were present.

The meeting began with a moment of silence to honor the memory of Town resident Keven McDevitt who passed away recently.

There were no public comments on agenda items

Town Supervisor/Town Board Update:

Supervisor Dolan stated that he has been working on the Town budget and the Tuxedo Reserve Project as well as finalizing the details for the upcoming Robin Hood Road Rally.

Councilman Darling reported that work continues on the feasibility study for the hydroelectric dam on the PowerHouse property. This study has been funded by a grant, which will also fund a feasibility study of solar power for Town buildings. He further reported that the cell-phone tower project located at the Highway Department is underway. The company, handling the project has been in talks with Verizon and AT&T regarding the location and is still looking for companies for another tower, which might be constructed on Contractor’s Row.

Resolution:

The Board resolved to enter into a contract with Orange County DPW for snow and ice removal on County Roads 84 and 72, which will be performed by the Tuxedo Highway Department.

Reminders:

The 9th Annual Tuxedo Family Fun Day will be held from 11:00 am to 4 pm at Murphy Field on October 9th (rain date October 10th) Planned events are a chili cook-off contest, petting zoo and pony rides, dinosaur fossil dig, pie eating contest, live band, pumpkin painting, bounce houses and games. Grilled sausage and peppers will be sold by the Sons of Italy and a Bake Sale table will also take place. Tickets for the Santa Train Ride will go on sale that day.

Other Business:

The Tuxedo Historical Society has announced that the unveiling of their Tuxedo Legacy Mural will take place on Sunday, September 26th at 2:00 pm, followed by a reception at which there will be an opportunity to meet the artist and designer. Seating is limited and registration

Public Comments:

Steve Gross of Hudson Highlands Environmental Consulting stated that since the workshop sessions on Tuxedo Reserve began, he has been sending letters to the Board outlining questions he feels they should be addressing. He has been sending the letters in an effort to help the Board in their deliberations, however he finds that they have not been addressing the issues he has been raising. In particular, he is concerned because as Lead Agency for the project, the Town Board is required under the SEQRA process to consider alternatives, in particular a “no action alternative” to the project. In his view the Board has deemed that alternative to be the 2004 Special Permit, which is already in place. However, hepointed out that this can no longer be considered a viable alternative since the applicant could not build their project according to what is outlined in the permit due to the reclassification of a federal wetland to a state, DEC regulated wetland. Consequently, there must be a 100 -foot buffer between the wetland and any building and therefore the old plan can no longer be built. The applicant has entered into an agreement with the DEC on this matter. Therefore, there is no longer any viable no action alternative and the project is in violation of the SEQRA process. Mr. Gross also pointed out that there has been no analysis of the new wide boulevard proposed to run to the Mountain Lake area of the project.

Jim Hays of Tuxedo Park commented that he is deeply concerned about the wells located within the Tuxedo Reserve project. He pointed out that the testing of these wells was conducted during the month of March, which is a time when the water table is at its highest. He stated that wells don’t get better with time, they get worse and he is concerned that what has happened in Maplebrook could happen in Tuxedo Reserve.

Tom Wilson of Tuxedo Park commented that although Town Board has publicly stated that the DEC is the agency with ultimate responsibility for the Tuxedo Reserve project,he feels that the Town has an equal responsibility. In his opinion the Town Board has “listened to the developer and then rolled over.” In particular, he is concerned that the Town is still talking about a possible land swap with PIPC which has been proposed by the developer despite the fact that PIPC has written a letter stating that they will not consider such a swap unless and until all permits have been issued and are in place.

Councilwoman Spivak responded that everything within the FDEIS has been considered both with and withough the land swap so she feels it really doesn’t matter if the swap happens or not.

County Legislator Dan Castricone offered the following brief report of what is happening in Orange County:

He has proposed legislation to stop Orange and Rockland from clearcutting under power lines.
There is a proposal from the County for a new County Office building to replace the present building in Goshen. The plan would take place in 3 phases and would cost over $100 million.
Mr. Castricone is working on a plan to allow emergency responders in the County to use County facilities for free.
The Camp LaGuardia property has been moved into Sewer District #1 (the Harriman Sewer Plant) This might effect the amount of effluent Tuxedo Reserve is able to discharge into the Ramapo River.

Town Board / Tuxedo Reserve Workshop Meeting September 9, 2010

Board members present: Peter Dolan, supervisor and councilpersons Cliff Longcar, Gary Phelps, Lisa Spivak and Tom Darling

Town Consultants: Bonnie Franson, Jeff Marsden and Bill Parry

Tuxedo Reserve representatives: Steve Barshoff and Andrew Dance

Meeting started: 5:45

Jeff Marsden, the Town engineer, began the workshop by explaining that the Ramapo River is classified as a 4th order stream and as such no direct storm water discharge into the river is allowed under current New York State regulations.

He went on to explain that Tuxedo Reserve’s storm water treatment plan has two phases, one for storm water treatment during construction and the second for post construction storm water treatment.

During construction, temporary sediment basins and possibly other structures, will be built to capture sediment entrained by storm water flow over disturbed land. Silt fences, he pointed out, are usually not useful. These basins need to be regularly cleaned of sediment to provide room for material moved by subsequent storms. During the clearing and blasting phase, a limited amount of land will be disturbed, the loose rock generated will be moved to a processing plant where it will be crushed to a small grain size, returned to the site and applied to the blasted land surface as a layer several feet thick. Protocols have been established for the mitigation of spills (e.g. fuel) during construction. In steep areas hillside berms may be built to prevent severe erosion.

The storm water treatment plan (SWTP) for post construction has two objectives, water quality treatment during normal rain events and attenuation and detention of run off during severe rain events.

1. During normal rain events, runoff will be diverted into swales and rain gardens within road right of ways, where pollutants will be removed and the residual water allowed to infiltrate the ground. There followed considerable discussion about the maintenance rain gardens and swales needed and who would be responsible.

2. During severe storm events storm water will bypass rain gardens and swales and be directed though a series of attenuation basins to a large detention basin in Sloatsburg. This large detention basin will slowly release water to the Ramapo River. Again the question of maintenance was raised and it was pointed out that the Tuxedo Reserve Home Owners Association would be responsible for the maintenance of the storm water management system.

Drainage in the Mountain Lake and Tuxedo Lake watersheds

\Mr. Marsden said that because of the new plan for development in the Mountain Lake area no water from roads, driveways or roofs would find its way into Mountain Lake. The drainage for this part of the development would be to the south.

Similarly in the Tuxedo Lake water shed, the drainage from all houses, driveways and roads will flow away from Tuxedo Lake, however, the drainage from some yards will be toward the Lake. Consequently special care must to be taken, during construction, when these areas are disturbed. Mr. Marsden promised that there would be no increased water flow to Tuxedo Lake, caused by this development, even during a 150-year storm event.

A question was asked about possible pollution of the well system that will supply water to the development. Mr. Parry stated that pollution is always possible but the testing program indicated that most of the wells were not hydraulically connected, so if a well is contaminated it could be shut down and supply could come from other wells, until the problem was alleviated.

The reliability of the water supply was questioned. Mr. Parry pointed out pump test results are extrapolated after pumping was stopped, this is a usual procedure he pointed out, but it does not take into account possible recharge occurring during the test. [It should be noted that the well tests occurred in late March and early April, a time when the water table is at its highest and significant recharge is occurring. At the time of the test snow on the ground was melting and rain occurred during the test JDH].

“Adverse Impacts”

The objective of the storm water maintenance plan is to mitigate any adverse impacts of development. Consequently the Planning Board has recommended that a testing protocol be developed that will measure before, during and after construction, the concentration of solids, phosphate, nitrate and chloride in streams within and around the Tuxedo Reserve development,. The establishment of a pre-development base line by this testing program will allow adverse impacts to be detected and corrected.

Mr. Marsden emphasized that this Hydrology plan is preliminary and more engineering work will be needed after final site plans have been developed.

Agenda for Town Board/Tuxedo Reserve Workshop Meeting Sept. 23, 2010

Call to Order
Pledge of Allegiance

1. Workshop Meeting to Continue the Review and Discussion of the “Smart Code” development criteria proposed for the Tuxedo Reserve Development

2. Any other business as may come before the Board after this Agenda is posted

Adjournment

Agenda for Town Board/Tuxedo Reserve Workshop Meeting Sept. 13, 2010

Call to Order
Pledge of Allegiance

Workshop Session to review and discuss the “Smart Code” development criteria proposed for the Tuxedo Reserve Development and, if time permits, Section 3.7 (Construction Impacts) of the Draft Final Supplemental Environmental Impact Statement Prepared for Tuxedo Reserve Development 3rd Amendment to Special Permit

Regular Meeting

Moment of Silence to Honor Memory of Kevin McDevitt

Minutes
Monthly Reports
Public Comments on Agenda Items

1. Town Supervisor/Town Board Update

2. Resolution to Authorize Agreement to Perform Snow & Ice Control on County Roads

3. Reminder of Family Fun Day at Murphy Field - October 9, 2010 (Rain Date October 10, 2010)

4. Any other business as may come before the Board after this Agenda is posted

Public Comments
Budget Transfers
Vouchers

Executive Session for the purpose of discussing personnel salary matters

Adjournment

Town Board / Tuxedo Reserve Workshop Meeting Sept. 2, 2010

The Town Board held a workshop meeting on Thursday, September 2, 2010 at 5:30 pm. Present were Supervisor Peter Dolan, Town Board members Gary Phelps, Tom Darling and Cliff Loncar as well as Town Consultants Bonnie Franson, Larry Wolnksy and Jeff Marsden. Present for Tuxedo Reserve were Project Manager Andrew Dance and Attorney Steve Barshoff.

The main subject of the meeting was the proposed Smart Code. Mr. Dance lead off the discussion by giving a brief history of the Smart Code. As he explained it, the Town of Tuxedo’s PID law requires a set of design standards for the project and the present Smart Code grew out of that requirement.

Town Planner Bonnie Franson suggested that the Town Board revisit the memo sent to them by the Planning Board when they officially turned overt the application so that “open items” can be addressed at this time.The ensuing discussion covered all different aspects of the Smart Code including but not exclusively:

The requirements for the Tuxedo Park Library
wetlands
Distinguishing between a “waiver” and “interpretation”
The role of the Planning Board as the project is built out
Minimal lot size and how is that determined
Determining gross floor area
Vehicular parking standards
Driveway slopes
The preservation of trees and what constitutes a “specimen” tree
The width of alleys

The meeting was adjourned at approximately 8 pm. The Board feels more discussion will be necessary with regard to the Smart Code. There is a workshop scheduled for September 9.(the subject is Hydrology and Stormwater Management) and the Board will continue the discussion of the Smart Code at the conclusion of that meeting.

Agenda for Town Board/Tuxedo Reserve Workshop Meeting Sept. 9, 2010

Call to Order
Pledge of Allegiance

Workshop Meeting to Review and Discuss Section 3.6 (Hydrology) through Section 3.12 (Growth-Inducing Aspects of Modification) of the Draft Final Supplemental Environmental Impact Statement Prepared for Tuxedo Reserve Development 3rd Amendment to Special Permit
Any other business as may come before the Board after this Agenda is posted

Adjournment

Town Board Meeting August 30, 2010

The Town Board met on Monday, August 30, 2010 at 7:30 pm. All members were present.

The meeting began with a moment of silence for residents Eugene Michael Grimmig, Raymond Edwards and June Morgan all of whom passed away recently.

Public Comments on Agenda Items:

Ulrich Pendl of Tuxedo Park tried to ask a question about the recently completed fiscal impact study on Tuxedo Reserve, but he was told that his question was not allowed at this time as this subject was not on the agenda.

Mary Graetzer of Tuxedo Park asked if the Supervisor knew the status of the highway project between Tuxedo and Sloatsburg as her recollection was that this was to take place the week of August 2nd and last for approximately one week. She was told the work had started on August 30th

Town Supervisor/Town Board Update:

The Supervisor announced that work has commenced on the Town Skating rink. He also reported that Brammertown Road is being resurfaced. Resurfacing is necessary due to the damage done during this past spring’s flooding. FEMA funds are being used to finance this project.

Resolutions:

The following resolutions were passed:

a resolution to acknowledge completion of probabtion by Police Lieutenant John Norton and Police Officers Michael Biagini, William Hall and Michael Eichengreen.
a resolution appointing Sheila Briggs and Brian Mulkeen as part-time Police Dispatchers.
a resolution authorizing Assessor Greg Stevens to attend the NYS Assessor’s Association Annual Meeting and Seminar on Assessment Administration
a resolution granting special sign permits to Masker Orchards for directional signs.
a resolution granting a special permit for a yard sale at the Train Station on October 23, 2010 to St. Mary’s Church.

Discussion of Distribution of Robin Hood Road Rally Funds:

The Town received approximately $25,000 from the recent Robin Hood Road Rally. Expenses were approximately $2500 for the police and ambulance coverage as well as various expenses from the highway department. The exact cost of the latter charges are difficult to determine because they involved work that the highway department would have completed anyway (although perhaps not at that specific time.) It was decided to allocate $5000 to the Ambulance Corps and $5000 to the Fire Departments. The Road Rally will be coming back to Town September 29th -October 3rd. They have a tech meeting on September 29th and one race each day September 30 through October 3 The races will take place on an undisclosed location, however Police Chief Welsh assured the Board that no residents will be impacted by the races.

Executive Session:

The Board then went into an Executive Session to discuss police personnel issues. When they reconvened, it was announced that the Town would be hiring both a new Sergeant and a new Detective. These appointments will be announced at a later date.

Public Comments:

Andrew Rogers of Maplebrook inquired about the dam survey that was supposed to be done on the Powerhouse property. Councilman Darling responded said that the survey was in progress. Mr. Rogers also inquired as to whether or not the Town had pursued a street light survey to pinpoint those intersections which have redundant lighting. Supervisor Dolan responded that this would be done. Finally, Mr. Rogers expressed concern about the intersection of Eagle Valley Road and South Gate Road. He stated that underbrush on the Tuxedo Club property across from the yellow house is badly overgrown and thus creates a sight hazard both for those turning into South Gate Road as well as for those turning out of South Gate Road.

Jim Hays of Tuxedo Park asked why the Board had decided not to do an independent fiscal analysis on the Tuxedo Reserve project as promised. Supervisor Dolan responded that the consultants hired by the Town, RES Group were satisfied with the results of the fiscal analysis in the Draft FEIS. Mr. Hays recalled that at the July 26th Town Board meeting, he had tried to ask some questions about the fiscal analysis and at that time he was told that the Board would not be answering any questions on that subject. Rather, he was told that he should submit his questions in writing and the Board would then forward them to RES Group. Mr. Hays commented that he had submitted his questions and that only one of them had been asked at the Workshop session at which RES Group was present. He wondered if the rest of the questions had been asked and if not, why not. Supervisor Dolan responded that he had indeed asked the questions and had received answers from RES Group. The Town Board is satisfied with those answers. However, the answers are not available to the public. At this point Councilman Darling firmly stated that this period was for public comments and not questions. The Supervisor added that the Board doesn’t want to get into any public discussion on this subject because they don’t feel it will “serve the public.” He further stated that the Town is studying the Tuxedo Reserve application in ongoing Workshop sessions and that to date they have not had any discussion among themselves on the project. However, when the planned workshops are over, they will be holding such discussions. Mr. Hays commented that a huge concern of his is the proposed age restricted housing and more specifically what would happen if this type of housing doesn’t sell. He wondered if the RES Group had run their model keeping in mind the possibility that the developer could come back to the Town and ask to have the age restrictions removed. Councilperson Spivak replied that this had been discussed at the workshop with the RES Group and that it remains a huge concern for her. Mary Graetzer of Tuxedo Park asked if the Board plans to hold any discussions on the project in public and was told absolutely yes.

John Kwasnicki of Sloatsburg inquired if the Board was aware that a new NYS Stormwater Management Design Manual has been published. It is his opinion that this new manual will need to be consulted regarding the Tuxedo Reserve development.

Steve Gross of Hudson Highlands Environmental Consulting stated that he disagreed with Supervisor Dolan’s characterization of the email exchange between himself and consultant Bonnie Franson as bickering. He maintained that it was a disagreement about a serious point, the classification of a wetlands on the Tuxedo Reserve site as a federal wetlands. He is also concerned because Mr. Dolan reported that a Town Consultant has characterized Camoin Associates’ report on the fiscal analysis as “a fabrication,” and thus he is afraid the Board will not take the report seriously.

Tom Wilson of Tuxedo Park, representing the Tuxedo Land Trust presented the Board with 4 questions:

Has the Town asked Assessor Greg Stevens to review the fiscal impact statements in the DFEIS. Supervisor Dolan said yes.
Will the Town be doing an Environmental Impact Statement on the new 4lane highway proposed to run to Mountain Lake. Supervisor Dolan said no.
The Tuxedo Reserve stormwater management plan calls for discharge into the Ramapo River. The DEC has said no to this plan. Plan B requires approval from the Village of Sloatsburg and Rockland County. Mr. Wilson wants to know if the Board will vote on the project before Sloatsburg and Rockland have given their approval. Supervisor Dolan responded yes, they will. If Sloatsburg and Rockland subsequently don’t give their approval, the project won’t be able to go forward.
What is the Board’s view on the PIPC letter stating that they won’t agree to the proposed land swap before any approvals. Again, the Supervisor replied that the Board would make their decision and if the land swap wasn’t able to happen subsequently, it would be the applicant’s problem, not the Town’s.

John Kilduff of Tuxedo Park remarked that numerous residents had contributed funds for the studies being done by the consultants for the Tuxedo Land Trust. The people doing the studies are professionals. He asked that the Town please let them be heard.

Michael N’dolo of Camoin Associates asked permission to give a presentation. His firm has been hired by the Tuxedo Land Trust to do a peer review of the DFEIS’ Economic and Fiscal Analysis. The Board asked how long the presentation would take and Mr. N’dolo responded about 10 minutes. He was given permission to speak. He stated that he had written a letter to the Town, dated August 6th in which he found that the Revised Analysis:

Incorrectly accounts for changes to State Aid to Schools
Incorrectly accounts for new property tax revenues to the Town, School Distric and other districts
Undercounts School District costs
Over-counts the amount of new sales tax revenue to be received during the years when the Project is under construction.

When considered in the aggregate, the Applicant’s projected net benefits to the Town and School District may be overstated by over $2 million per year. In such, the Project may, in fact, have a negative fiscal impact not described in the Revised Analysis.

Since the August 5th letter was submitted, Camoin Associates has been made aware of a number of additional facts:

Overstatement of Property Tax Revenue from Commercial/Industiral Sources
Calculation of Number of School Aged Children
Calculation of Residential Assessed Value

Agenda for Town Board / Tuxedo Reserve Workshop Meeting Sept. 2, 2010

Call to Order
Pledge of Allegiance

Workshop Meeting to Review and Discuss the “Smart Code” development criteria proposed for the Tuxedo Reserve Development
Any other business as may come before the Board after this Agenda is posted

Adjournment

Agenda for Town Board Meeting August 30, 2010

Call to Order
Pledge of Allegiance

Minutes
Monthly Reports
Public Comments on Agenda Items

Town Supervisor/Town Board Update
Resolution to Acknowledge Completion of Probation by Police Officers Michael Biagini,William Hall and Michael Eichengreen
Resolution to Appoint Sheila Briggs and Brian C. Mulkeen as Part-Time Police Dispatchers
Resolution Authorizing Assessor to Attend the NYS Assessors’ Association Annual Meeting &Seminar on Assessment Administration - September 26-29 - Lake Placid, NY
Resolution to Grant Special Sign Permits to Masker Orchards for Directional Signs
Discussion of Distribution of Robin Hood Road Rally Funds
Any other business as may come before the Board after this Agenda is posted

Public Comment
sBudget Transfers
Vouchers

EXECUTIVE SESSION for the purpose of discussing Police personnel matters

Adjournment

NEW VOTING MACHINE DEMONSTRATION

SATURDAY, AUGUST 28, 2010
10 a.m. to 12 noon
TUXEDO TOWN HALL

YOU’RE INVITED! A hands-on demonstration to educate voters on the use of the new electronic voting machines, which will be used for the first time in the Primary Election on September 14, 2010 and the General Election on November 2, 2010, with take place at the above time and place. For schedule of other demonstrations in Orange County, go to: CLICK HERE

Town Board / Tuxedo Reserve Workshop Meeting August 9, 2010

The Town Board held a workshop meeting on Monday, August 9, 2010 at 6 pm. Present were Supervisor Peter Dolan, Town Board members Lisa Spivak, Gary Phelps, Cliff Loncar and Tom Darling as well as Town consultants Bonnie Franson and Larry Wolinsky. Also present were Bruce Murray and Patty Liddel of RES Group, the Town’s Consultant for Fiscal Analysis.

Mr. Murray and Ms. Liddel explained that they had not done an independent review of the Tuxedo Reserve project because they weren’t asked to do one. Instead they were asked to review the original fiscal impact reports and supplemental reports all of which were provided by the Related Company. In doing their review, the consultants recreated the model that had been used in the Special Permit of 2004. They did not “accept” anything--they input numbers obtained from Related and ran the model for themselves.

The discussion encompassed many facets of the fiscal impact of the project including valuation of the property, impacts on the school district, impacts on Town services i.e. ambulance, fire, police, highway, as well as the amount of age restricted housing and the phasing of the project.

The next workshop meeting will be held on September 2 at 5:30 pm. Its focus will be the Smart Code and Design Guidelines. An additional workshop will take place on September 9 and the subjects for that session will be Section 3.6 Hydrology through Section 3.12- Growth Inducing Aspects of Modification.

Town Board / Tuxedo Reserve Workshop Meeting August 5, 2010

The Town Board held a workshop meeting on Thursday, August 5,2010 at 5 p.m. Present were Peter Dolan, Town Supervisor, Lisa Spivak and Gary Phelps, Councilpeople as well as consultants Bonnie Franson, Larry Wolinsky, Jeff Marsden and Mr. Marsden’s colleague, hydro geologist, Bill Parry. Present for Tuxedo Reserve, but arriving late because of a misunderstanding of meeting start time, were Attorney Steven Barshov, Project Manager Andrew Dance, Engineer David Getz of Lehman & Getz, and Naturalist Laura Newgard of EcolSciences, Inc.

The agenda for this session was to continue review and discussion of Section 3.4 (Archaeology) and Section 3.5 (Natural Resources) of the Draft Final Supplemental Environmental Impact Statement Prepared for Tuxedo Reserve Development 3rd Amendment to Special Permit. The meeting started before any representatives for Tuxedo Reserve had arrived. Mr. Dance displayed a revised plan for Related’s development near Mountain Lake which removed lots in close proximity to the wetlands, reduced the number of lots in the Mountain Lake area from forty-eight to twenty-three, increased lots in the Winding Hill area, and eliminated two under-the-road culverts for wildlife. The proposed mix of housing would remain the same. Consultant Marsden expressed concern about the the proposed changes resulting in only one emergency access road. Related and Lehman & Getz will explore the possibility of an 1100 foot “boulevard”-type section of road being installed despite steep slopes.

Subject to further review by the Town consultants and any agencies requiring action, the discussion on archaeology and natural resources was deemed completed.

The following workshops were scheduled: Monday, August 9, 6 PM to discuss the fiscal analysis; Thursday, September 2, 5 PM – Hydrology/Stormwater Management, Alternatives, Mitigation, Unavoidable Significant & Adverse Impacts, Irreversible & Irretrievable Commitment of Resources and Growth-inducing Aspects of the Proposed Modifications; Thursday, September 9, 5 PM to review and discuss the Smart Code and any remaining other sections of the draft not already reviewed.

Agenda for Town Board Voucher Meeting August 10, 2010

Call to Order
Pledge of Allegiance

Review and approval of vouchers
Any other business as may come before the Board after this Agenda is posted

Adjournment

Agenda for Town Board/Tuxedo Reserve Workshop Meeting August 9, 2010

Call to Order
Pledge of Allegiance

Workshop Meeting to Review and Discuss Appendix D: Economic and Fiscal Analysis of the Draft Final Supplemental Environmental Impact Statement Prepared for Tuxedo Reserve Development 3rd Amendment to Special Permit
Any other business as may come before the Board after this Agenda is posted

Adjournment

Agenda for Town Board/Tuxedo Reserve Workshop Meeting August 5, 2010

Call to Order
Pledge of Allegiance

Workshop Meeting to Continue Review and Discussion of Section 3.4 (Archaeology) and Section 3.5 (Natural Resources) of the Draft Final Supplemental Environmental Impact Statement Prepared for Tuxedo Reserve Development 3rd Amendment to Special Permit
Any other business as may come before the Board after this Agenda is posted

Adjournment

Town Board / Tuxedo Reserve Workshop Meeting July 29, 2010

The Town Board held a workshop meeting on Thursday, July 29,2010 at 5 pm. Present were the entire Town Board as well as consultants Bonnie Franson, Larry Wolinsky and Jeff Marsden. Present for Tuxedo Reserve were Attorney Steven Barshoff and Project Manager Andrew Dance.

The agenda for this session was section 3.4 (Archaeology) and section 3.5 (Natural Resources) of the DFSEIS. The discussion of archaeology centered around some rock shelters which are present on the site. On July 27th, the Town received a memo from Douglas Mackey of the New York State Office of Parks and Recreation (SHPO) stating the concern of that office over the rock shelters. Therefore, it has been decided to study these shelters further. The memo also addressed some concerns about a corduroy road portion of what might be part of the Continental Road on the site. There will also be some additional study of this. Attorney Wolinsky stated that if it is the Continental Road, there will need to be an additional level of investigation.

The discussion on Natural Resources centered on the Mountain Lake are of the cevelopment. The Town Board expressed their desire to see a change in the plan for this development with fewer houses and the remaining lots moved. Andrew Dance stated that Related can and will have a new plan ready for study at the next scheduled Workshop which will be held on Thursday, August 5th at 6 pm.

Town Board Meeting July 26, 2010

The Town Board met on Monday, July 26, 2010 at 7:30 pm. Councilman Darling was absent.

The meeting began with a moment of silence in honor of Town residents Louis DeBrino, Daniel Green and Earle Stevens, all of whom passed away recently.

Public Comments on Agenda Items:
Ulrich Pendl inquired as to how much money the Town would make by hosting the Renaissance Faire. It was explained to Mr. Pendl that the Town does not make a direct profit from the Faire , however money is not lost as the Faire reimburses the Town for all Town Services utilized.

Town Supervisor/Town Board Update:
Supervisor Dolan announced that beginning on August 3rd, the section of Route 17 between Sloatsburg and Tuxedo will be ripped up by Orange and Rockland Utilities as they are burying cables. They will be working between the hours of 9 am and 3 pm and hope to do 200 feet of road per day.

The following resolutions were passed:

a resolution determining the validity of petitions for a proposition to increase budgetary allocation for the Tuxedo Park Library to be included on the November 2010 ballot.
a resolution approving an agreement with the New York Renaissance Faire to provide police protection for the 2010 season (from August 7, 2010 – September 7, 2010)
a resolution approving an agreement with Westwood Velo of Montclair, NJ. for police coverage of a bicycle race to take place on August 7, 2010.

There will be a demonstration of the new electronic voting machines on Saturday, August 28, 2010 starting at 10 am.

Other Business:
The Board acknowledged that Police Chief Patrick Welsh has completed 22 weeks of probation which exceeds the maximum period specified in his employment contract, and that his former position of Police Sergeant has bee officially vacated. They then established the commencement of the 18-month probationary period of Police Sergeant Anthony D”Elia who has been appointed to the vacant position.

Public Comments:
Jim Hays of Tuxedo Park started to ask several questions about the Fiscal Analysis study of Tuxedo Reserve which is being done by the RES Group, but Supervisor Dolan told him that the Board would not be accepting or answering any questions about Tuxedo Reserve at Town Board meetings. He went on to explain that he and Councilperson Spivak had met with the RES Group last week and that these consultants will be present at a workshop meeting on August 9, 2010.

Mary Graetzer of Tuxedo Park asked if the public would be able to ask questions of the RES Group and was told that this might be possible.

Tom Wilson of Tuxedo Park questioned the Supervisor’s decision to ban questions about Tuxedo Reserve as the public is not allowed to comment or to ask questions at any of the workshop sessions. The Supervisor replied that if anyone has questions they should submit them to the Board in writing and the Board, in turn, will submit them to RES Group so that they can be addressed at the Workshop on August 9th.

Steve Gross of Hudson Highlands Environmental Consulting asked for permission to make a statement. He said that in his review of the Tuxedo Reserve FEIS he had noticed a disturbing pattern of deliberate manipulation and cover-up of information. This started with the incident of a field worker on the Tuxedo Reserve site observing, catching, killing and eating a timber rattlesnake on the site. Subsequently, the consultant he was working for received a call from the applicant instructing him to delete any mention of this incident from his report. The next incident involved Dave Washburn, a botanist in the employ of the Related Companies. When he was alerted by a local resident about a possible surviving part of a corduroy section of the Continental Road, he took sample logs and brought it to the attention of Andrew Dance, project manager. Mr. Dance confiscated the logs and Mr. Washburn was dismissed from further work on the site the next day. The third incident involves James “Spider” Barbour, an expert botanist and biologist who was working with Mr. Washburn. He conducted an on site tour for representatives of the Related Companies during which he pointed out two rare plant species found on the site. Mr. Barbour was also dismissed and the species he had identified were never reported by the Applicant. The final incident involves Carol Griggs of Cornell who was asked to comment on the corduroy road. She reports that it was the applicants’ archeological consultant who arrived at a 2004 date for the logs and that she was given repeated instruction that the applicant really needed her report to support that date. The final piece of the pattern involves the fifth DEC wetland. Mr. Gross contends that this particular wetland was not identified as such in any of the prior environmental impact statements. According to him, the applicant received information that the regulatory status of a wetland was about to be changed and they then acted on this information by taking all the units which had been located on the wetland boundary and moving them exactly 100 feet away. Units that did not fit into this new configuration, were moved to Mountain Lake. Related claims the move was done to protect vernal pools, but Mr. Gross feels it is more likely that they were trying to get out of the way of an impending 100-foot regulated buffer zone. The applicant has repeatedly stated that if the proposed amendments are not approved, they will move forward with building the approved plan, ,but if the wetland’s status is changed, this would not be possible.

Mr. Gross hopes the Town Board will look at this pattern and ultimately realize that the FSEIS is the Town’s document, not the applicant’s. It should be written in the Town’s voice and reflect the Town’s opinions and conclusions, not the Applicant’s.

Town Sets Dates for Workshops on Tuxedo Reserve

The following dates have been set for workshop sessions on the DFSEIS for Tuxedo Reserve:

Thursday, July 29 at 5 pm: Section 3.4 – Archaeology (sp) and Section 3.5 – Natural Resources

Thursday, August 5 at 6 pm: Section 3.6 – Hydrology and Storm water Management and Section 3.7- Construction Impacts

Monday, August 9th At 6 pm: Section 3.3 Economic and Fiscal Analysis

A workshop on the Smart Code will be held sometime in the week of September 2nd.

TPFYI would like to suggest to all those people who made statements at the public hearings, go to the Town Website and look at Appendix C in which all comments have been summarized and addressed. Check to see that your statement is summarized properly and that you are satisfied with the answers! This could be your last chance to comment.

Agenda for Town Board / Tuxedo Reserve Workshop Meeting July 29, 2010

Call to Order
Pledge of Allegiance

Workshop Meeting to Review and Discuss Section 3.4 - Archaeology and Section 3.5 - Natural Resources of the Draft Final Supplemental Environmental Impact Statement Prepared for Tuxedo Reserve Development 3rd Amendment to Special Permit
Any other business as may come before the Board after this Agenda is posted

Adjournment

Agenda for Town Board Meeting July 26, 2010

Call to Order
Pledge of Allegiance

MOMENT OF SILENCE AND REFLECTION TO HONOR MEMORIES OF LOUIS DEBRINO, DANIEL GREEN AND EARLE STEVENS

Minutes
Monthly Reports
Public Comments on Agenda Items

Town Supervisor/Town Board Update
Resolution Determining Validity of Petitions for Proposition to Increase Budgetary Allocation for the Tuxedo Park Library to be Included on the November 2, 2010 Ballot
Resolution to Approve Agreement with New York Renaissance Faire for 2010 Season
Resolution to Approve Agreement for with Westwood Velo, Inc. for Police Coverage at Bicycle Race
Announcement of New Voting Machine Demonstration at Tuxedo Town Hall - Saturday, 08/28/2010
Any other business as may come before the Board after this Agenda is posted

Public Comments
Budget Transfers
Vouchers

Adjournment

Town Board Tuxedo Reserve Workshop Meeting July 8, 2010

The Town Board held a workshop meeting on Thursday, July 8, 2010 at 6 pm. Present were Supervisor Dolan and Councilpersons Phelps and Sprivak as well as Attorney Larry Wolinsky, Planner Bonnie Franson and Engineer Jeff Marsden. Attending for Tuxedo Reserve were Project Manager Andrew Dance and Attorney Steven Barshoff.

The discussion centered on the DFSEIS sections 3.1 (Comments and Responses, Description of the Proposed Modifications) and 3.2 (Comments and Responses, Land Use, Zoning and Public Policy).

During the review, the following points were raised by the Supervisor:

Reduction of units at Mountain Lake from 40 to 20
Opening Eagle Valley Road as a corridor
Possibly increasing the commercial space from 30,000 to 45,000 square feet
Converting the Village buffer (or ìgreen donutî) into Town walking trails so that the residents of the development will be able to reach the Hamlet.

He also expressed his support for the new mix of housing with its increase in the number of multi-family units and stated that he would like the Fox Hill tract to be deeded to the Town so he can build a Town Pool on this site. Currently, the Fox Hill tract is to remain as Open Space in perpetuity.

Attorney Wolinsky counseled that the Town needs to let the applicant know their thoughts and to hear the applicants arguments for and against these proposed changes.

The date for the next workshop is yet to be set. The subject will be Section 3.4 of the Comments and Responses – Archaeological Resources and Section 3.5 Natural Resources. Section 3.3óEconomic and Fiscal Analysis will be the subject of a future workshop after the Board has had the opportunity to meet with its consultants, RES Group.

Agenda for Town Board Voucher Meeting July 9, 2010

Call to Order
Pledge of Allegiance

Review and approval of vouchers
Any other business as may come before the Board after this Agenda is posted

Adjournment

Agenda for Town Board Tuxedo Reserve Workshop Meeting July 8, 2010

Call to Order
Pledge of Allegiance

Workshop Meeting to Review and Discuss the Draft Final Supplemental Environmental Impact Statement Prepared for Tuxedo Reserve Development 3rd Amendment to Special Permit
Any other business as may come before the Board after this Agenda is posted

Adjournment

Town Board Workshop on Tuxedo Reserve July 1, 2010

On Thursday, July 1, 2010 the Town Board held the first of a series of Workshop meetings on the Draft Final Supplemental Environmental Impact Statement for the Tuxedo Reserve development. Meeting with Supervisor Peter Dolan and Council members Darling, Phelps and Spivak were Town Consultant Larry Wolinsky and Steven Barshoff, Attorney for Tuxedo Reserve.

Mr. Wolinsky began the meeting with a brief history of the project. Then he gave an overview of how the document had been put together saying it was a collaborative effort between the applicant and Town Consultants Franson, Wolinsky and Town Engineer Jeff Marsden. Mr. Wolinsky then went through the Table of Contents of the document giving a brief description of what each section contains. He ended with a description of what the review process will be. Basically, the Board will try to meet on a weekly basis in a Workshop meeting during which they will go through one or two sections of the document. The next meeting has been set for Thursday, July 7th at 6 pm. It will cover Section 3.1: Description of the Proposed Modifications and Section 3.2: Land Use, Zoning, and Public Policy.

Town Board Meeting June 28, 2010

The Town Board met on Monday, June 28, 2010 at 7:30 pm. All members were present.

The meeting began with a resolution to appoint Anthony D’Elia as Police Sergeant and Stefan Christian as Police Detective. Following the resolution, Chief Welsh presented the officers with their credentials.

Public Comments on Agenda Items:
Ulrich Pendl, speaking on behalf of his wife, Mary Van Pendl, stated that two weeks before, at the previous Board meeting, he had asked to see the independent Fiscal Analysis of the Tuxedo Reserve development. At that time, he was informed that the analysis was not finished and it would be going directly to town consultants Bonnie Franson and Larry Wolinsky for review. Mr Pendl expressed his desire to see the analysis “in the raw,” as it came from the consultants, however,the DFEIS on the project has been completed and is now slated to be formally received by the Board. Appendix F of the DFEIS is the fiscal analysis and Mr. Pendl inquired as tohow this was possible. He was repeatedly interrupted by Councilman Darling, who repeatedly stated, “This is a draft. We are only receiving it.” Supervisor Dolan and Councilpersons Darling, Loncar, Phelps and Spivak all commented that they had not seen a separate Fiscal Analysis of the project.

Jim Hays, of Tuxedo Park, inquired as to why the Board had not seen the report. He was informed that it was because the report was not yet finished. Mr. Hays then expressed confusion as to how it could be part of the DFEIS if it isn’t finished and wanted to know if the applicant had seen the report. Andrew Dance of Tuxedo Reserve explained that all fiscal analyses use numerical models to determine their conclusions and that since Tuxedo Reserve supplied the numbers for the consultants to plug into the model, they could predict what the conclusions would be. Mr. Hays expressed dismay that the applicant had supplied numbers for this “independent” analysis. He commented that the consultants could have easily gotten their data from the School District and the Census Bureau.

Mary Graetzer of Tuxedo Park asked how there could be a complete DFEIS if the actual fiscal analysis wasn’t finished. She was told it was only a draft, and still a work in progress, and that the fiscal report would be added once it has been finished. Mrs. Graetzer expressed concern, commenting that this was not the way that Environmental Impact Statements usually work. While they are changed from the draft to the final versions, they usually don’t have major important chunks added on to them at this later date. She also reminded the Supervisor and Council members that the residents and taxpayers had elected them to review and vote on the Tuxedo Reserve project, not consultants Franson or Wolinsky and certainly not the applicant (aka Andrew Dance).
Supervisor Dolan then outlined the process as it will go forward. The Town has received the document. Supervisor Dolan and Councilperson Spivak have already met with Town Planner Bonnie Franson and Attorney Larry Wolinsky for approximately 4 hours during which time they began a line-by-line review of the document. On Thursday, July 1, the Board will meet with these consultants for the same exercise. Such workshop meetings will continue on a weekly basis until all Board members feel they understand the document and are satisfied.

Tom Wilson, of Tuxedo Park, a Trustee Elect, remarked that in his opinion there is a transparency issue. Mr. Pendl was assured that residents would be able to see the report, yet this did not happen and now it shows up in the DFEIS. While addressing the Board, Mr Wilson was interrupted repeatedly by Board members and who informed him again and again that the document in question is “only a draft.” Town Clerk Elaine Laurentthen outlined the SEQRA process concerning a Draft FEIS. The Fiscal Impact study is a separate document, which hasn’t yet been received by the Town. Mr. Wilson then inquired as to why the applicant had seen the document when no one in the Townóneither Board members nor residents has seen it. Supervisor. Dolan responded that he and the Board were just trying to do things the proper way. Since they need both the DFEIS and the Fiscal Impact study, he doesn’t see what difference it makes which one comes first. Mr. Wilson then tried to ask the Supervisor why he was meeting with Alex Gromack, Supervisor of Clarkstown and member of the Rockland County Sewer District Board. He was told that this was “none of his business.”

Steve Gross of Hudson Highlands Environmental Consulting representing the Tuxedo Land Trust, inquired as to how the Board could call the fiscal study “independent” when they are using the applicant’s consultant, Bay Area Economics. Andrew Dance immediately stated that Bay Area Economics is not now and never has been a consultant for the applicant.

Town Supervisor/Town Board Update:
There has been an inquiry about the possibility of installing a cellphone tower on Long Meadow Road. Councilman Darling is looking into it. He is also investigating a feasibility study to see if it would be worth while for the Town to install a mini hydro electric plant at the Powerhouse site. This study will be funded with money from the County.

Acknowledgment of Receipt of Draft Final Supplemental Environmental Ipact Statement (Draft FSEIS 2010) Prepared for Tuxedo Reserve Development 3rd Amendment to Special Permit. The document was received on June 21, 2010.

Resolution to Schedule Workshop Sessions to Review Draft FSEIS 2010 for Tuxedo Reserve Development.
The first workshop will be held on Thursday, July 1, 2010 at 7:00 pm in the Town Hall. At this meeting, the Supervisor and Councilpersons will begin going through the Draft FSEIS line by line with consultants Bonnie Franson and Larry Wolinsky.

Following that meeting, a closed session will be held with some Board members and the consultants who are working on the Fiscal Impact analysis. This meeting will likely take place during the week of July 5th. The following week a public session with all Board members and the fiscal consultants will take place.

Resolution to Re-Establish Standard Work Days for Elected and Appointed Officials:
This information has been requested by the New York State and Local Retirement System and will be used to qualify employees for pensions.

Other Business:
The Board appointed Kaitlyn E. Van Woudenberg as part-time Police Dispatcher.

On behalf of TPAG Dale Mottola, requested permission to erect road signs advertising the next concert on July 17th. Permission was granted for 20 signs.

Agenda for Town Board Meeting June 28, 2010

Call to Order
Pledge of Allegiance

Minutes
Monthly Reports
Public Comments on Agenda Items

Town Supervisor/Town Board Update
Resolution to Appoint Anthony D’Elia as Police Sergeant and Stefan Christian as Police Detective
Acknowledgment of Receipt of Draft Final Supplemental Environmental Impact Statement (Draft FSEIS 2010) Prepared for Tuxedo Reserve Development 3rd Amendment to Special Permit
Resolution to Schedule Workshop Sessions to Review Draft FSEIS 2010 for Tuxedo Reserve Development
Resolution to Re-Establish Standard Work Days for Elected and Appointed Officials
Any other business as may come before the Board after this Agenda is posted

Public Comments
Budget Transfers
Vouchers

Adjournment

Town Board Meeting June 14, 2010

The Town Board met on Monday, June 14, 2010 at 7:30 pm. Councilman Darling was absent.

The meeting began with a moment of silence for Armando Vega and Douglas Dyne, both long-time Tuxedo residents who recently passed away.

Public Hearing to Receive Comments Regarding Local Law Entitled “Defense and Indemnification of Town Officers and Employees.”
The Public Hearing for a proposed Local Law entitled Defense and Indemnification of Town Officers and Employees was opened. This law will update the present Town law to include indemnification as well as defense of Town Officers and Employees. It will offer the greatest protection that the State allows. There were no public comments.

Public Comments on Agenda Items:
Ulrich Pendl of Tuxedo Park inquired about the status of the fiscal analysis of Tuxedo Reserve. He was told that the report is finished and is currently being reviewed by Town Planner, Bonnie Franson and Town Attorney Larry Wolinsky. The Board hopes to receive it some time in the coming week. Mr. Pendl commented that taxpayers have the right to inspect the document as it was received from the consultants and before it is altered by either the Town Planner or the Town Attorney in any way. The Supervisor stated that the document was being checked for spelling and grammatical errors as well as pagination. It will become part of the FSEIS document. Mr Pendl reiterated that he and others want to see it before any changes are made. Supervisor Dolan stated that to be best of his knowledge this would be possible.

Jim Hays, representing TARGET Tuxedo presented Town Board members with a document, which reviews the issues raised at the two public hearings held on Tuxedo Reserve. The document lists the main issues and then presents a list of questions, which they feel the Town Board must answer regarding the proposed amendments.

Town Supervisor/Town Board Update:
The Supervisor reported that the July 12 wetdown for the Fire Department’s new rescue vehicle was a success. Additionally, he announced that a meeting is to be held with the officials from the Rockland County Sewer Plant to discuss the possibility of Tuxedoís hooking up to that Plant.

The following resolutions were passed:

a Resolution to Adopt Local Law Entitled “Defense and Indemnification of Town Officers and Employees.”
a Resolution to establish Summer Town Board Meeting Schedule: Meetings will be held on July 26th and August 23rd with vouchers meetings on the mornings of July 9th and August 10th.
a Resolution to Surplus Police Car 965 which has over 100,000 and has not been in service since February.
a Resolution to appoint Michael Marusich as Sewage Treatment Plant Officer.
a Resolution to appoint Louis DeBrino, Jr. as Highway Summer Laborer.
a Resolution granting a Special Sign Permit to the Tuxedo Park Library for the period of June 15, 2010 thru August 8, 2010. The sign will promote the Libraryís summer reading program.

Discussion of Possibility of Adopting Smoke-Free Policy at Town Playgrounds:
The Board discussed the idea of adopting a smoke-free policy at Town Playgrounds. This policy would prohibit smoking within a 40-foot radius of any playground equipment or structure. It would not apply to ball fields or pavilions. After some discussion, the Board was deadlocked with 2 in favor of the proposal and 2 against, so it was agreed that it would be tabled until the next meeting when, hopefully, a full Board will be present.

The meeting was adjourned into Executive Session to discuss Police personnel matters.

After the session the meeting was reconvened to announce that Police Officer Anthony D’Elia will be hired as the new Sergeant and Police Officer Stefan Christian will be hired as the new Detective.

Agenda for Public Hearing and Town Board Meeting June 14, 2010

Call to Order
Pledge of Allegiance

MOMENT OF SILENCE AND REFLECTION TO HONOR MEMORY OF ARMANDO VEGA AND ROGER DYNE, SR.

Public Hearing to Receive Comments Regarding Introductory Local Law Entitled “Defense and Indemnification of Town Officers and Employees”

Minutes
Monthly Reports
Public Comments on Agenda Items

Town Supervisor/Town Board Update
Resolution to Adopt Local Law Entitled “Defense and Indemnification of Town Officers and Employees”
Resolution to Establish Summer Town Board Meeting Schedule
Resolution to Surplus Police Vehicles and Advertise for Sale
Resolution to Appoint Michael Marusich as Sewage Treatment Plant Operator
Resolution to Appoint Louis DeBrino, Jr. as Highway Summer Laborer
Discussion and Possible Resolution to Adopt Smoke-Free Policy at Town Playgrounds
Any other business as may come before the Board after this Agenda is posted

Public Comments
Budget Transfers
Vouchers

Adjournment

Town Board Meeting May 24, 2010

The Town Board met on Monday, May 24, 2010 at 7:30 pm. Councilman Phelps was absent.

Town Supervisor/Town Board Update:
Supervisor Dolan announced that he would be meeting with the Army Corps of Engineers on the morning of May 25 to explore solutions to various flooding problems in town.

The Supervisor also announced that he, DPW chief Ed Pfizenmaier and H2M Engineer Gary Loesch had met regarding the Town’s sewage treatment plant. The Town received a letter from the DEC in January stating that they will not approve any additional flow to the plant until “substantial improvements” are made and a schedule to perform the work has been submitted to the DEC. It was decided that Mr. Loesch would call the DEC to determine exactly what they are looking for. At this point in time, the Supervisor commented that the Town must assume Tuxedo Reserve may not be built and therefore the town must plan accordingly. Fixing the plant will have to come out of the present districtís pocketbook.

A new sign for Eagle Valley has been constructed. The Board agreed that the lettering should be changed from black to white as it is hard to read with the black letters.

Resolutions:
The following resolutions were passed:

a resolution to authorize settlement of a tax certiorari proceeding brought by David Dangoor.
a resolution to approve a peddling, hawking and soliciting License for mobile ice cream vendor, Brahim Bizghourane. Mr. Bizghourane held the same license last year.
acknowledgment of receipt of liquor license renewals for the following Taverns at the Renaissance Faire: Fox & Hounds, Merrimans Tavern, Joust Pub, Gaming Glen, Hawker’s Crossing, Ploughman’s Tavern, Ye Rusty Knife, Matty Grove’s Tavern.
a resolution appointing Mark Rosen as a Part-Time Police Dispatcher.
a resolution authorizing execution of agreement to provide police coverage of the 2010 Renaissance Faire from August 7 through September 26th.

Other Business:
After a brief discussion, the Board voted unanimously in favor of charging non-residents a fee of $500 per child to attend Town Recreation.

A local law entitled “Defense and Indemnification of Town Officers and Employees” was introduced. This law will update the Town code. The current provision was adopted before State law on this subject was passed. The new law will bring the Town into conformity with the latest State provisions. A public hearing will be held on June 15th at 7:30 pm.

Public Comments:
Mary Graetzer of Tuxedo Park inquired about the fiscal analysis on the proposed Tuxedo Reserve project, which the Town has commissioned. Supervisor Dolan responded that the report has been finished and is currently under review by Town Planner Bonnie Franson and Town Attorney Larry Wolinsky. He expects the Town Board members will have copies of the report by week’s end.

Supervisor Dolan stated that he had received notice from Tuxedo Reserve that they had hired a tree expert and had also done carbon dating on the logs referred to as the “Corduroy Road” found on their property. Both agreed that the logs are circa 2005.

Agenda for Town Board Meeting May 24, 2010

Call to Order
Pledge of Allegiance

Minutes
Monthly Reports
Public Comments on Agenda Items

Town Supervisor/Town Board Update
Resolution to Authorize Settlement of Tax Certiorari Proceeding
Resolution to Approve Peddling, Hawking & Soliciting License for Mobile Ice Cream Vendor
Acknowledgment of Receipt of Liquor License Renewals for Various Taverns at Renaissance
Reminder of Community Memorial Day Observances - May 31, 2010
Any other business as may come before the Board after this Agenda is posted

Public Comments
Budget Transfers
Vouchers

Adjournment

Town Board Meeting May 10, 2010

The Town Board met on Monday, May 10, 2010 at 7:30 pm. Councilman Darling was absent.

Town Supervisor/Town Board Update:

Supervisor Dolan announced that:

Electricity has been installed at the Powerhouse site and all should be ready for the upcoming May 21 Town movie night.
A new Eagle Valley sign will be installed at the intersection of County Road 72 and Eagle Valley Road shortly. The sign will be similar to those in other parts of Town (Laurel Ridge, East Village, etc.)
The Robin Hood Road Rally will be in town June 24-26 filming a reality tv show in a mystery location.

Recognition of Lieutenant John P. Norton for Receipt of Police Officer of the Year Award:
Lt. John P. Norton was given the Officer Of The Year award by the Tuxedo Police Department for “Exceptional Police Duty.” He successfully procured over $300,000 in grant funds in the year 2009. Because of these efforts the Town of Tuxedo Police Department has been able to upgrade its computer systems both inside Police Headquarters and in its vehicles, purchase a Live Scan and a Fingerprint Card Reader, and put more police officers on patrol.

Discussion to Finalize Health Insurance Changes for Employees.
The Board voted unanimously in favor of accepting the new health plan. Supervisor Dolan commented that in making these changes to Town Employee health plans, he was attempting to ensure that coverage would be available for all Town employees for years to come. He also hopes to find a way to extend the new coverage to retirees in the system and is currently investigating various possibilities. The Board feels that the new coverage will work well for all employees while resulting in a savings of $118,000 per year for the Town. Should the plan turn out to be unbeneficial in any way for the employees, the Town retains the option to return to the plan presently in place.

Resolutions: The following resolutions were passed:

A resolution to grant a special sign permit for the Library Memorial Cay Community Picnic.
A resolution to approve the form of petition of the Proposition to Raise Library Taxes. When submitted, the petitions will enable the amount to be raised by Library taxes to be placed on the ballot in November.
Acknowledgement of the receipt of liquor license renewals for the Orange Top and Renaissance Faire.

Agenda for Town Board Meeting May 10, 2010

Call to Order
Pledge of Allegiance

Minutes
Monthly Reports
Public Comments on Agenda Items

Town Supervisor/Town Board Update
Recognition of Lieutenant John P. Norton for Receipt of Police Officer of the Year Award
Discussion to Finalize Health Insurance Changes for Town Employees
Resolution to Grant Special Sign Permit for Library Memorial Day Community Picnic
Resolution to Approve Form of Petition of Proposition to Raise Library Taxes
Acknowledgment of Receipt of Liquor License Renewals for Orange Top and Renaissance Faire
Any other business as may come before the Board after this Agenda is posted

Public Comments
Budget Transfers
Vouchers

Adjournment

Town Board Meeting April 26, 2010

The Town Board met on Monday, April 26, 2010 at 7:30 pm. Councilperson Spivalk was absent.

Town Supervisor/Town Board Update:

Supervisor Dolan announced that he had asked Town Attorney Don Nichols to issue an opinion in response to a letter sent to the Orange County Board of Ethics by the Tuxedo Land Trust which accuses two Town Board members of violating the Tuxedo Town Code of Ethics by flying to Florida on the Related Companiesí corporate jet for the purpose of visiting two Smart Code driven developments.. Attorney Nichols, who is also the attorney for the Orange County Board of Ethics (and stated this fact when he spoke) wrote a letter in which he stated that he does not believe the Code has been violated. He reached this opinion after having researched and read all relevant Board minutes. (click here to read Attorney Nicholsí letter). It was decided that the Board will forward this letter to the Mayor and Trustees of the Village of Tuxedo Park since the Land Trust had sent them copies of their complaint.
The Supervisor also announced that the contract with the Town Highway Department has been signed.

Acknowledgment of Thank You to Town Board and Highway Department.

The Supervisor read a letter written by Benny Mulvaney on behalf of the Tuxedo Little League thanking the Town and the Highway Department for all their efforts in getting the Town ball-fields ready for play.

The following Resolutions were passed:

a resolution appointing Christopher McGrady as Summer Highway Laborer.
a resolution granting a special permit for the Westwood Velo Cycling Club to hold a bicycle time trial event on Long Meadow Road on Saturday, August 7th from 6:30 am to noon.
a resolution granting a special permit to Studley Realty for a temporary sign at the former International Paper Building.
a resolution to approve Short-Term Disability Insurance for Employees covered under the Highway Collective Bargaining agreement.
a resolution declaring the salt shed owned by NY State which is located on Route 17 within the Town unsafe. The Building Inspector will notify the State of this and report back as to what the their plans are for the structure.

It was also announced that there will be a full-volume test of the Indian Point System on Wednesday, May 5th between 10 am and 11 am.

Public Comments:

On behalf of Deputy Mayor Jim Hays, Mary Graetzer reported that there is a family of black bears that has been visiting the dumpster at Tuxedo Place. Mr. Hays suggested that the Board consider legislation t that would require Tuxedo Place to install a bear proof dumpster. The Board decided not to enact any legislation but rather to have Police Chief Welsh contact the new owners and suggest a bear proof dumpster. It was pointed out that St. Maryís, the Wee Wah Beach Club and Tuxedo Park School all have such dumpsters.

Agenda for Town Board Meeting Aprll 26, 2010

Call to Order
Pledge of Allegiance

Minutes
Monthly Reports
Public Comments on Agenda Items

Town Supervisor/Town Board Update
Resolution to Appoint Christopher McGrady as Summer Highway Laborer
Resolution to Grant Special Permit for Cycling Club Race on August 7, 2010
Resolution to Grant Special Sign Permit for Sterling Mine Court Shopping Plaza
Resolution to Approve Short-Term Disability Insurance for Employees Covered under Highway Collective Bargaining Agreement
Notification of Indian Point Siren System Test on May 5, 2010
Any other business as may come before the Board after this Agenda is posted

Public Comments
Budget Transfers
Vouchers

Adjournment

Town Board Meeting April 12, 2010

The Town Board met on Monday, April 12, 2010 at 7:30 pm. All members were present.

Town Supervisor/Town Board Update:

Supervisor Dolan made the following announcements:

Springtime maintenance of all Town Recreations fields is currently being performed by the Highway Department.
The Supervisor, Highway Superintendent Edward Pfizenmaier and Police Chief Patrick Welsh toured the area in Southfields which experienced severe flooding in the recent storm and coordinated remedial measures.
Meetings were held on March 15th and April 12th with Town employees at which presentations were given regarding a new health insurance plan to replace the present plan.
In recognition of and gratitude to the individuals and companies who made contributions to fund the renovation of the Train Station, a bronze plaque listing all donorsí names has been installed in the station.
A meeting of the Board of Directors of the Tuxedo LDC took place on April 12rh to discuss a request from the Tuxedo Historical Society for funding for a new roof. A final determination will be issued within a weekís time. The Chamber of Commerce has requested funds for beautification of the downtown business corridor and a meeting will be scheduled in the near future to discuss this request.
The paving of the East Village Bridge by Orange County was completed this past Monday. It had been delayed due to poor weather conditions.

Update by County Legislator Daniel Castictone:

Legislator Castricone reported that approval has been given to expend $433,000 for an engineering and design plan for a new bridge to replace the existing East Village bridge. He also advised that legislation was passed enabling Towns the opportunity to buy County-foreclosed properties and deal directly with the County prior to the public auction process.

Resolutions:

The following resolutions were passed:

a Resolution to appoint Edward J. Pfizenmaier IV as Full-Time Highway Laborer
a Resolution ratifying the collective bargaining agreement for the Highway Department
a Resolution granting a special permit for St. Maryís Church Outreach Committee to hold a yard sale at the Train Station on May 1, 2010
a Resolution raising the bus fees for Summer Camp from $110.00, or $22.00 per week per family to $150.00 or $25.00 per week per family, commencing on June 28, 2010.

Agenda for Town Board Meeting Aprll 12, 2010

Special Meeting for the purpose of acquainting Town employees with proposed changes in health
insurance carrier

Regular Meeting
Call to Order
Pledge of Allegiance

Minutes
Monthly Reports
Public Comments on Agenda Items

Town Supervisor/Town Board Update
Resolution to Appoint Edward Pfizenmaier, IV as Full-Time Highway Laborer
Resolution to Approve Agreement with Orange County for Police Automatic Vehicle Locator Dispatching System
Resolution to Grant Special Permit for St. Mary’s Church Outreach Committee Yard Sale at Train Station - May 1, 2010
Any other business as may come before the Board after this Agenda is posted

Public Comments
Budget Transfers
Vouchers

Town Board Meeting March 22, 2010

The Town Board met on Monday, March 22, 2010 at 7:30 pm. All members were present.

The meeting began with a report from County Legislator Dan Castricone who announced that he has been working on fast tracking the replacement project for the East Village Bridge. $433,000 is being approved for reengineering plans for the bridge and the County hopes to break ground on the project this year with completion scheduled by next spring.

Public Hearing on Local Law #1 of 2010, “Amendment of Towing Law.”

On behalf of Apple Auto Body and Loyal Tire Attorney Richard Sarajian expressed his displeasure with the Board because he feels that the proposed law was aimed at his clients, who were merely doing what R&L Towing had done last year. He stated that the Town’s Towing law has been in effect since 1999 and does not prohibit the practice of renting space in Town in order to comply with the distance requirement for potential towers. Town Attorney Nichols explained that it had never been the intention of the Town to allow this practice and that the Town found it deceptive and potentially confusing for people who were being towed.

Town Supervisor/Town Board Update:

Supervisor Dolan congratulated both the Police and Highway Departments for having done an amazing job with the recent flooding. He also reported having met with the Army Corps of Engineering about problems with the walking bridge over the Ramapo as well as the buildup of brush along the river.

The Supervisor announced that Supervisory Court Clerk Elizabeth Smith has applied for and received a grant in the amount of $11,426.13 to be used for the purchase of computer hardware and software, office equipment and furniture and a judicial robe for new Justice Brown.

The following resolutions were passed:

a Resolution appointing Sara J. Troxell as Part-Time Police Dispatcher
a Resolution Adopting the Local Law entitled “Amendment of Towing Law.”
a Resolution granting a Special Sign permit for 23 banners for the Farmers Market (10) and Chamber of Commerce (13) from May 15th to November 15th.
a Resolution consenting to sales of Raffle Tickets by Occupations, Inc.
a Resolution establishing an additional Police Officer position and confirming the Appointment of Aaron McGrady thereto. This brings the force up to 10 members.

Public Comments:
Mary Graetzer inquired as to when residents can expect to receive the Supervisor’s letter about Tuxedo Reserve and was told that they are currently being stuffed and addressed. Hopefully Town residents will receive the letters by the end of the week.

Tom Wilson of the Tuxedo Land Trust read a letter from Thomas Rudolph, Regional Water Engineer for the DEC into the record. The letter described the DEC’s concerns about the Town’s Wastewater Treatment Plant and clearly states that the DEC will not approve any additional flow to the plant until “substantial improvements are made and a schedule to perform the work” is submitted to the DEC. Plans outlining these improvements are to be submitted by April 1, 2010. . Mr. Wilson stated that he had called Mr. Rudolph and asked him two questions: 1-Could a single building owner who received his building permit two months ago hook into the sewer plant. The answer was no. 2-Could Related Co. with a permit dated 2004 build 79 houses that hook into this plant. Again, the answer was no. Thus, according to Mr. Wilson and the Land Trust, Tuxedo Reserve cannot be built because of the situation as outlined in the letter. Supervisor Dolan responded that the letter gives the Town bargaining power with Tuxedo Reserve in terms of getting a new sewer plant built at the very beginning of the project rather than after 70 houses which is what the Board would prefer. Steve Gross stated that because the Town Clerk did not have a copy of the letter on file, it wasn’t available to the public and thus he and others were not able to comment on it during the SEQRA process. He was informed that the letter that the letter was dated Janurary 6, and had been received by the Town some days after that, which was after the comment period for SEQRA had closed. Mr. Gross then commented that in his view the subject of wastewater treatment for the Tuxedo Reserve project has not been adequately addressed under SEQRA.

John Kwasnicki of Sloatsburg inquired as to wherher or not Supervisor Dolan’s letter to Town residents would be sent to the residents of Sloatsburg. He was told it would not.

The meeting adjourned into an Executive Session to discuss Police Personnel issues.

Town of Tuxedo Amends Towing Law

TOWN OF TUXEDO
NOTICE OF PUBLIC HEARING
INTRODUCTORY LOCAL LAW
“Amendment to Towing Law”

PUBLIC NOTICE is hereby given that there has been introduced before the Town Board of the Town of Tuxedo, New York, on March 8, 2010, a local law entitled “Amendment of Towing Law,” which local law would amend Chapter 91 of the Tuxedo Town Code to clarify the licensing requirement in order to eliminate confusion regarding the identity of licensed tow truck operators, and to assure fair operational and roster requirements for commercial operators of tow trucks within the Town. A complete copy of the Introductory Local Law is available for inspection at the Town Clerk’s office and at the Town website, www.tuxedogov.org.

NOW, THEREFORE, pursuant to §20 of the Municipal Home Rule Law, the Tuxedo Town Board will hold a public hearing on the aforesaid Introductory Local Law at the Town Hall, One Temple Drive, Tuxedo, New York, on Monday, March 22, 2010, at 7:30 p.m., or as soon thereafter as the business of the Board permits, at which time all persons interested therein shall be heard.

The Town of Tuxedo will make every effort to assure that the hearing is accessible to persons with disabilities. Anyone requiring special assistance and/or reasonable accommodations should contact the Town Clerk.

BY ORDER OF THE TOWN BOARD
ELAINE M. LAURENT, TOWN CLERK

Dated: March 15, 2010

TOWN OF TUXEDO
INTRODUCTORY LOCAL LAW
AMENDMENT OF TOWING LOCAL LAW

BE IT ENACTED by the Town Board of the Town of Tuxedo, Orange County, New York as follows:

SECTION 1. Legislative Findings – The Town Board finds that the qualifications for licensing of Towing, which qualifications allow for broad and free market-based relationships in open commerce, can be used in ways which may result in confusion to, and possibly deception of, members of the public who use towing services pursuant to this law and also allow unfairness in the rotation for towing provided by the roster. The amendments hereto are intended to eliminate confusion and deception and to promote fairness in the process without improperly interfering with or regulating commerce.

Section 2. Section 91-6, titled “License fee and qualifications,” of Chapter 91, titled “Towing,” of the Code of the Town of Tuxedo is hereby amended by adding new subsections (7) and (8) to §91-6(B), the new subsections to read follows:

“(7) All applicants shall erect signs at their motor vehicle repair shops [see subsection (1)] and their storage lots [see subsection (4)]. Such sign(s) shall be of a size and location adequate to inform members of the public that the applicant has designated these facilities pursuant to this Chapter. The applicant shall demonstrate the signage size and location in its application. The Town Board shall judge the adequacy of such signage. No application shall be valid unless such signs are erected. The applicant shall provide photographs of the signs in their locations and shall maintain them in such locations as a condition of their license.

“(8) When any two or more applicants share both a motor vehicle repair shop and a storage lot, such applicants shall share a place in the rotation hereinafter provided.”

Section 3. This local law shall take effect immediately upon filing with the Secretary of State.

Agenda for Special Town Board Meeting March 15, 2010

Call to Order
Pledge of Allegiance

6:15 p.m. − Executive Session for the purpose of discussing confidential personnel employment issues

7:15 p.m. − Presentation by Jeffrey S. Hahn of Penn Mutual Life Insurance Company regarding proposed changes in health insurance coverage for Town employees, followed by question-and-answer session for Town employees

Any other business as may come before the Board after this Agenda is posted.

Adjournment

Town Board Meeting March 8, 2010

The Town Board met on Monday, March 8, 2010 at 7:30 pm. Councilman Darling was absent.

Public Comments: Jim Hays of Tuxedo Park inquired as to the status of the fiscal analysis and the FEIS on Tuxedo Reserve. Supervisor Dolan responded that he had signed the contract for the fiscal analysis two weeks ago and expects he will have a report by the end of the month. Mary Graetzer asked when the Town plans to send out it’s letter to residents on Tuxedo Reserve and was informed that it is at the printers and they hope to get it back and in the mail by the end of the week.

Town Supervisor/Town Board Update:
Supervisor Dolan commended both the Town Highway Department and the Police Department for their performance during the recent snowstorm. He also announced that the employment contract has been signed for Chief Welsh and he expects Lieutenant Norton’s contract to be signed very soon as well.. In other news, he reported that he has been in talks to bring the Robin Hood Road Rally to Town early this summer.

There have been several reports of damaged mailboxes in Town that were knocked down by the snow. The Town has a program in place where it will replace mailboxes in these circumstances up to a cost of $75 per box.

Resolutions:

The following resolutions were introduced and passed:

a Resolution to appoint Russell Shaver to the Zoning Board of Appeals with a term ending 12/31/2014
a Resolution to appoint Sudhir Desai as an alternate to the Zoning Board of Appeals with a term ending 12/31/2010
a Resolution to hold a Special Meeting on 3/15/10 at which time the Towns’ Healthcare provider will explain the proposed new benefits to Town employees and any other interested
a Resolution to express Town opposition to a NYS Assembly Bill Proposing Changes to Permitting of Road Openings. This bill would require that utility companies hire only union employees. It would cut out small local contractors.

The meeting then adjourned into an Executive Session with Attorney Don Nichols to discuss a situation with the Town tow operators. When they reconvened, Attorney Nichols explained that he had reviewed the Town Towing law as requested at the last meeting. In so doing, he found that the law did not carry out the intent of the Board, which is that there should be one Tow Operator per location in Town. He is recommending that the Town amend the law to accommodate this provision. The Board voted unanimously to do so, and there will be a Public Hearing at the next regular Board meeting on March 22. In the meantime, should a Tow Company, who wasn’t specifically called, show up at a call the tow will be denied and the tower suspended.

Other Business:

On behalf of the Chamber of Commerce, Councilman Phelps announced that there would be no Clean Sweep this year.

Public Comments:

John Kwasnicki reported finding a document on Smart Codes which is available on the Orange County Department of Planning website. Supervisor Dolan thanked him for bringing it to his attention.

Agenda for Town Board Meeting March 8, 2010

Call to Order
Pledge of Allegiance

Minutes
Monthly Reports
Public Comments on Agenda Items

1. Town Supervisor/Town Board Update

2. Resolution to Appoint Members to Various Boards

3. Resolution to Schedule Special Informational Meeting on March 15, 2010 Regarding
Proposed Town Employee Health Benefit Changes

4. Resolution to Express Town Opposition to NYS Assembly Bill Proposing Changes to
Permitting of Road Openings

5. Any other business as may come before the Board after this Agenda is posted

Public Comments
Budget Transfers
Vouchers

Adjournment

Town Board Meeting February 22, 2010

The Town Board met on Monday, February 22, 2010 at 7:30 pm. All members were present.

The meeting began with a moment of silence and reflection to honor the memory of lifelong resident Scott Jenkins who died on February 8 at the age of 32.

Town Supervisor/Town Board Update: Supervisor Dolan reported that the Board had met just prior to the meeting for the purpose of interviewing candidates for openings on the Zoning Board (both regular member and alternate) Planning Board (alternate member) and Architectural Board of Review (regular member). A decision will be made and announced in approximately 2 weeks.

The Supervisor also mentioned submitting several grant applications through Congressman Hall’s office. The Police Department has also submitted two grant applications.

Police appointments and promotions: Patrick W. Welsh IV, former Sergeant, was sworn in as Full-Time Police Chief. Another former Sergeant, John P. Norton was appointed as Full-Time Lieutenant. The Town has not yet signed contracts with either of the officers because they are working out “contractual issues” with the department. These issues are expected to be resolved soon and, when they are, the contracts, which will run through December 31, 2010 will be signed. Former Police Dispatcher, Aaron McGrady was appointed as Full-Time Police Officer effective March 6, 2010.

The following resolutions were also passed:

a Resolution authorizing the Supervisor to enter into an agreement with JNS Towers, LLC for possible Cell Tower installation at the Highway facility or on Contractor’s Road.
a Resolution granting Special Permission for a News Conference given by David McFadden at the Duck Cedar Parking Lot.

Nick Vega and Greg Slovak, both towing operators in the Town, were present to inquire as to why Apple Towing is on the Town’s list of approved towers. The Town law states that an official Town tower must be located within 2.5 miles of the Town line and Apple is located in Woodbury 3.5 miles from the Town line. Town Clerk Laurent stated that Apple had contracted with Loyal Tire, who is located within the approved distance, for dispatching. Both Mr. Vega and Mr. Slovak protested this arrangement saying that they, too, could set up other businesses, have them listed on the Town’s list and then get twice as many calls. It was decided that the Town Attorney would look into the language of the Town Code and come up with a recommendation in order to make sure that the Code is fair to all potential towers in Town.

Public Comments:
Eric Nimke of Laurel Ridge presented the Board with copies of Inside/Out from 2002 and 2003 in which the proposed sewer system for Tuxedo Reserve was discussed. He also presented a copy of a recent article from the Times Herald Record, which reported on Orange County’s promise to provide more sewer service for Kiryas Joel. Since the county owned and operated sewer plant in Harriman cannot be expanded, Mr. Nimke is not sure how the county will manage to provide such services. It is his opinion that Kiryas Joel’s proposal would overload the Ramapo River leaving no room for Tuxedo and certainly none for Tuxedo Reserve. Kiryas Joel wants to use the water, but they don’t want to be responsible for the sewage generated by the development that the water will make possible.. Mr. Nimke feels that there is a parallel with what has been proposed by Tuxedo Reserve.. For that reason, he has always advocated that the Town insist the sewage system for Tuxedo Reserve be located on their property so that it would not become a burden to the Town. Mr. Nimke stated that he has submitted many written statements on this subject and he implored the Board to reread his correspondence. He also stated that in his view, there is a need for a comprehensive history of the Tuxedo Reserve project, which compares all the versions of the project. He feels this would not only help the Board to better understand the project but it would prove that it is the applicant and not the Town who has repeatedly delayed the advancement of the project.

The meeting was adjourned into an Executive Session to discuss Police Personnel Issues.

Agenda for Town Board Meeting February 22, 2010

Executive Session

Resolution to Enter Into Executive Session for the Purpose of Conducting Interviews of Candidates
for Open Positions on Various Boards in the Town

Regular Meeting

Call to Order
Pledge of Allegiance

Moment of Silence and Reflection to Honor Memory of Scott Jenkins

Minutes
Monthly Reports
Public Comments on Agenda Items

Town Supervisor/Town Board Update
Resolution to Appoint Patrick W. Welsh, IV as Full-Time Police Chief
Resolution to Appoint John P. Norton as Full-Time Police Lieutenant
Resolution to Appoint Aaron McGrady as Full-Time Police Officer
Resolution to Grant Special Permit for News Conference at Duck Cedar Plaza Parking Lot
Any other business as may come before the Board after this Agenda is posted

Public Comments
Budget Transfers
Vouchers
Adjournment

Town Board Meeting February 8, 2010

The Town Board met on Monday, February 8, 2010 at 7:30 pm. All members were present.

The meeting began with local Girl Scout Troop #612 (assisted by one cub scout and one boy scout) leading the Pledge of Allegiance. This was followed by the administration of oaths of office to the following newly elected and re-elected officials:

Peter Dolan, Town Supervisor

Clifford Londar, Councilmember

Lisa Spivak, Councilmember

Edward Pfizenmaier, Highway Superintendent

Shawn M. Brown, Town Justice

Town Supervisor/TownBoard Update:

Supervisor Dolan announced that the Town has hired a new Full-Time policeman and introduced Michael Biagini who was present. Additionally, He reported having had a meeting with Jim Hickey, President of the Tuxedo Free Union School Board, at which he was updated on the Greenwood Lake contract. He also met with Congressman John Hall to discuss possible future grants.

The Board has interviewed three candidates for the position of Police Chief, Sergeants John Norton and Patrick Welsh as well as Tuxedo Park Police Chief Ken Sanford. A decision on this appointment will be announced within a week.

Additionally, Supervisor Dolan has been working on the Town’s Health insurance plans. There are currently two plans being considered, both of which involve health savings accounts. A representative from the insurance company will be coming to talk to Town Employees and will explain both plans in detail at that time.. A decision will be made at the next Town Board meeting.

A new draft of the Supervisor’s newsletter and FAQ regarding Tuxedo Reserve is finished and will be sent to Town residents as soon as it has received unanimous Board approval.

The Tuxedo Land Trust recently claimed that part of the Continental (aka Corduroy) Road had been found on the Tuxedo Reserve property. Supervisor Dolan reported that In fact, the road in question has been shown to be a road that was built by Mr. Miele in 2005 and it is only 60 feet long.

The following resolutions were passed:

a resolution approving the towing license for Tuxedo Auto Body
a resolution appointing Michael A. Biagini as Full-Time Police Officer
a resolution authorizing Town Clerk Elaine Laurent to attend the NYS Town Clerks Association annual training seminar in Saratoga, NY from April 25 through April 29^th.
a resolution renewing the lease for the radio tower located in Clinton Woods.

Other Business:

The Febraury 22 Town Board meeting will adjourn early so that the Board can interview candidates for openings on Town Boards. Currently, there is one opening on the Zoning Board of Appeals, one opening on the Architectural Review Board and an opening for an alternate on the Planning Board. Frank Peverly, current Chair of the ZBA asked that The Board consider appointing an alternate to that Board as well and was told they would do so.

Public Comments:

John Kwaznicki noted that under New York State SEQRA, the FEIS on the Tuxedo Reserve proposed amendments should be submitted within 45 days of the last public hearing. He inquired as to whether or not the document would be submitted on time. He also inquired at to who would be writing the document. In his view, because the Town Board is the lead agency on the project, they should be the authors of the FEIS. Town Attorney Don Nichols responded that the timeline in SEQRA is only a guideline and not a requirement. There will not be a penalty if the document isn’t submitted on time. Currently, the applicant is working on preparing the document. Andrew Dance has informed the Supervisor that it should be ready in one week. Attorney Nichols suggested that having the applicant complete this work and absorb the costs of doing so could be considered a savings for the Town. Attorney Nichols suggested that having the applicant complete this work and absorb the costs of doing so could be considered a savings for the Town.

Agenda for Town Board Meeting February 8, 2010

Call to Order
Pledge of Allegiance

Administration of Oaths of Office of Elected Officials

Minutes
Monthly Reports
Public Comments on Agenda Items

1. Town Supervisor/Town Board Update

2. Resolution to Approve Annual Towing Permits

3. Resolution to Appoint Michael A. Biagini as Full-Time Police Officer

4. Resolution to Authorize Town Clerk to Attend the NYS Town Clerks Association Training
Conference in Saratoga, New York, April 25 through April 29, 2010

5. Any other business as may come before the Board after this Agenda is posted

Public Comments
Budget Transfers
Vouchers

Adjournment

Agenda for Special Town Board Meeting February 3, 2010

Call to Order
Pledge of Allegiance

EXECUTIVE SESSION for the purpose of conducting interviews for Town of Tuxedo Police Chief.

Any other business as may come before the Board after this Agenda is posted.

Adjournment

Town Board Reorganization & Regular Bi-monthly Meeting January 25, 2010

The Town Board held their Reorganization meeting on Monday, January 25 2010 at 7:30 pm. Councilman Phelps was absent.

The meeting began with the Pledge of Allegiance led by the local Boy Scout troop.

There was a moment of silence in memory of lifelong residents Robert Colbath and John Smith both of whom recently passed away.

The administration of oaths of office of elected officials (ceremonial only) will take place at the next regular Board meeting due to the unexpected absence of the Town Clerk.

The following appointments were made:

Deputy Supervisor		Lisa Spivak
Supervisor’s Clerk		Sherri Brooks
Supervisor’s Bookkeeper		Patricia Monico-Sullivan
Deputy Registrar		Antoinette Matthews
First Deputy Town Clerk		Antoinette Matthews

The yearly salaries were approved were approved for the following Town Officials:

Supervisor	Peter M. Dolan	$33,800
Town Councilperson	Thomas J. Darling	$5,810
Town Councilperson	Clifford Loncar	$5,810
Town Councilperson	Gary L. Phelps	$5,810
Town Councilperson	Lisa Spivak	$5,810
Town Justice	Loretta Davis	$25,306
Town Justice	Shawn Brown	$21,500
Receiver of Taxes	Gregory Stevens	$9,950
Town Clerk	Elaine Laurent	$55,426
Superintendent of Highways	Edward Pfizenmaier	$85,000
Supervisory Court Clerk	Elizabeth Smith	$41,600
Justice Clerk	Claire Squillini	$28,778
Court Clerk (part-time)	Mary Stalnaker	$25,668
Supervisor’s Clerk/Recreation Clerk	Shari Brooks	$44,292
Town Bookkeeper	Patricia Monico-Sullivan	$23,578
Assistant Bookkeeper	To be filled by Bookkeeper	$2,500.00/yr
Budget Officer	Peter M. Dolan	$3,937
Deputy Budget Officer	Patricia Monico-Sullivan	$4,499
Assessor (part-time)	Gregory Stevens	$35,295
Board of Assessment Review Chairman	Louis DeBrino (9/230/2011)	$1,400
Board of Assessment Review Member	Edward Brennan (9/30/2010)	$500
Board of Assessment Review Member	Nathaniel Jackson (9/30/2012)	$500
Board of Assessment Review Member	Jerry Magurno (9/30/2013)	$500
Board of Assessment Review Member	Carol Matthews (9/30/2-13)	$500
First Deputy Town Clerk	Antoinette Matthews	$28,252
Payroll Clerk	Anita Rogers	$2,512
Records Management Officer	Elaine Laurent	$3,266
Deputy Records Management Officer	Antoinette Matthews	$2,163
Dog Control Officer	Thomas Murphy	$6,750
Deputy Emergency Managerment Officer	Nils Gerling	$687.50
Deputy Emergency Managerment Officer	Louis DeBrino III	$687.50
Clerk for Superintenent of Highways (part-time)	Deborah Villanueva	$18.14/hr.
1st part-time Parking Fee Collector	Claire Squillini	$15.00/hr.
2nd part-time Parking Fee Collector	Mary Stalnaker	$13.70/hr.
Recreation Coordinator	OPEN	$6,684
Police Chief	OPEN	As per contract
Police Lieutenant, Sergeants, Patrolmen		As per contract
Full-time Police Dispatchers		As per contract
Part-time Police Dispatchers		$10/hr during training and $12/hr. after training.
Police Matrons	Margaret Barufaldi, Dawn Graham	As per comtract
Fire and Building Inspector	David Maikisch	$54,750
Project Coordinator for Building Dept., Planning Board, ZBA and ARB	Anita Rogers	$48,670
Parks & Recreation Advisory Board Member	Edward Pfizenmaier (12/31/2010)	No compensation
Parks & Recreation Advisory Board Member	Deborah Villanueva (12/31/2010)	No compensation
Parks & Recreation Advisory Board Member	Adam Frank (12/31/2011)	No compensation
Parks & Recreation Advisory Board Member	Paul DiPaulo (12/31/2011)	No compensation
Parks & Recreation Advisory Board Member	Joseph Ricard (12/31/2012)	No compensation
Parks & Recreation Advisory Board Member	Jean Ruffino (12/31/2012)	No compensation
Parks & Recreation Advisory Board Member	Lesley DeVore (12/31/2012)	No compensation
Zoning Board of Appeals Chairman	Francis W. Peverly (12/31/2010)	$1,541
Zoning Board of Appeals Chairman	Andrew Rogers (12/31/2011)	$1,115
Zoning Board of Appeals Chairman	Brian Sullivan (12/31/2012)	$1,115
Zoning Board of Appeals Chairman	George Langberg (12/31/2013)	$1,115
Zoning Board of Appeals Member	Vacancy (formerly C. Loncar 12/31/2014)	$1,115
Planning Board Chairman	Nils Gerling (12/31/2011)	$5,806
Planning Board Member	Mary Hanson (12/31/2010)	$2,496
Planning Board Member	Susan Goodfellow (12/31/2012)	$2,496
Planning Board Member	Joseph Gartiser (12/31/2013)	$2,496
Planning Board Member	Robert Thompson (12/31/2014)	$2,496
Planning Board Alternate	OPEN POSITION (12/31/2009)	$1,000
Architectural Board of Review Chairman	Michael Reardon (12/31/2010)	$1,672
Architectural Board of Review Member	George McCathern (12/31/2010)	$1,081.75
Architectural Board of Review Member	Darren Maynard (12/31/2011)	$1,081.75
Architectural Board of Review Member	Dale Mottola (12/31/2011)	$1,081.75
Architectural Board of Review Member	OPEN POSITION (12/31/2012)	$1,081.75
Recording Secretary to Zoning Board, Planning Board and ARB	Deborah Villanueva	$18.14/hr.
Highway Dept. employees		As per contract
Hamlet Sewer District Administrator	To be appointed	To be determined
Town Legal Counsel	Jacobiwitz and Gubits	$45,000 + $180/hr. for non-retainer items
Town Engineers	Holzmacher, McLendon & Murrell P.C.	As per contract
Auditor	Theodore J. Eglit, Jr.	$14,000
Planning Board Legal Counsel	Thomas J. Egan, Esq.	$22,200
Planning Consultants	Bonnie Franson	$65,000
ZBA Legal Counsel	Lisa J. Felicissimo Esq.	$125/hr.

In addition, the following appointments were made:

Town Veteran’s Officer	Paul Mitchell
Public Information Officer	Nils Gerling
Town Historian	Christian R. Sonne
Official Newspaper of Record	Times Herald Record
Official Depository	JP Morgan Chase

And the following assignments were made:

Peter Dolan	Liason to Village of Tuxedo Park Board of Trustees, Tuxedo Union-Free School District, Police Department, Highway Department, Hamlet Sewer District.
Clifford Loncar	Liason to Village of Tuxedo Park Board of Trustees, Tuxedo Union-Free School District, Parks & Recreation Department
Lisa Spivak	Liason to Tuxedo Police Department, Tuxedo Volunteer Ambulance Corps, the Assessor’s Office, Board of Assessment Review, Tuxedo Park Library
Thomas Darling	Liason to Monroe-Woodbury School District, Zoning Board of Appeals, Joint Fire District
Gary Phelps	Liason to Planning Board, Architectural Review Board, Tuxedo Chamber of Commerce.

The regular bi-monthly meeting of the Board followed.

Supervisor/Town Board Update:
The Supervisor reported that he is presently working on the health insurance and copy machine contracts. He is also composing a newsletter/FAQ about Tuxedo Reserve, which will be sent to all Town residents. He reported receiving a letter from Town Planner Bonnie Franson written in response to a letter from the Tuxedo Land Trust. (Click here to read this letter)

The following resolutions were passed:

a resolution granting the annual towing licenses to Tuxedo Gulf, Loyal Tire, NJV Auto, Tuxedo Auto Body, Harriman Auto and C.A.R.S.
a resolution reappointing Elaine Laurent as Town Registrar and Antoinette Matthews as Deputy Town Registrar with terms of office expiring on 12/31/2012.
a resolution authorizing the Supervisor to enter into an agreement with Wright Risk Management to administer workers’ compensation claims.
a resolution granting a special sign permit for the Promenade at Tuxedo Place
In addition it was noted that there will be a full-volume siren system test for Indian Point on January 27, 2010 at approximately 10:30 am.

Public Comments:

Andy Berish noted that there has been a truck parked at the corner of Augusta Place and Nursery Road for 3 weeks. He feels this is a very dangerous situation. Sgt. Norton promised to look into it..

Dale Mottola announced that Tuxedo Ridge will holdi a Tuxedo Town Day on February 6th from 3 – 9 pm. There will be a discount available on lift tickets, equipment rentals and lessons for Tuxedo residents.

Agenda for Town Board Meeting January 25, 2010

Call to Order
Pledge of Allegiance

Moment of Silence and Reflection to Honor Memories of Robert Colbath and John Smith

Administration of Oaths of Office of Elected Officials

2010 Reorganization Meeting

Regular Bi-Monthly Meeting

Minutes
Monthly Reports
Public Comments on Agenda Items

Town Supervisor/Town Board Update
Resolution to Grant Annual Towing Licenses
Resolution to Re-Appoint Registrar and Deputy Registrar of Vital Statistics
Resolution to Execute Workers’ Compensation Claims Management Agreement with Wright Risk Management
Notification of Full-Volume Test of Indian Point Siren System - January 27, 2010
Any other business as may come before the Board after this Agenda is posted

Public Comments
Budget Transfers
Vouchers

Adjournment

Public Workshop on Tuxedo Reserve's Smart Code January 11, 2009

At the January 11 Town of Tuxedo Board Meeting, the Tuxedo Reserve developers brought consultants from Cooper Robertson to conduct a workshop on their proposed “Smart Code”. This code would be developed by Cooper Robertson and customized for Tuxedo Reserve. As presented, the Smart Code would specify all architectural, site planning and landscape choices for buildings in the development.

According to Tuxedo Reserve’s attorney, Steven Barshoff , this code would not override local, state and federal codes. Mr. Barshoff referenced the PID law adopted by the Town of Tuxedo, which established a zoning code to govern developments. Zoning details were included in the Special Permit of 2004 for Tuxedo Reserve. That preliminary plan established locations for different lot types, design guidelines and bulk standards.

When Tuxedo Reserve received approval for the first phase of their development, called Northridge, the developer realized that the bulk standards in their Special Permit would work only on flat land.

Paul Milana from Cooper Robertson spoke about the difference between the “Smart Code” (SC) and conventional zoning codes. The SC examines different “Use and Density” environments and establishes appropriate numbers of units per acre. According to Mr. Milana, the SC guides communities to build a more predictably better place. The SC considers roads to be more than just conduits but also public spaces for walking, biking, etc. To illustrate the SC plan, the consultants use a transect-based zoning theory. Natural habitats are symbiotic and apply to human habitats. They consider 6 zones ranging from rural to urban and they organize typical elements of each transect that are public, private and civic.

T1 – Natural
T2 – Rural, agricultural
T3 – Sub-urban, detached single family residential
T4 – General urban, apartments, corner store, etc.
T5 – Urban center – main street
T6 – Urban core – civic center

Different districts are also included for airports, industrial complexes, water treatment facilities, etc.

The consultants customize the Smart Code to local character. They analyze site maps and develop T-zones according to the regulating plan. They ensure that the SC is consistent with state and local statutes and that the design guidelines are consistent with local zoning and permits.

In each transect zone the SC looks at thoroughfares (what is allowed on both sides of the street) and frontages ( regulates how buildings meet public space. The SC establishes specifics for setbacks and types of frontages.)

Theresa Coolahan from Cooper Robertson explained how the SC would be customized for Tuxedo Reserve. In the development there would be zones T1, T3, T4 and T5. There would be different lot types: Village; Adirondack,; Hillside, etc. For example, in the Adirondack lots, there would be 95’ minimum lot width and 18% maximum lot coverage. The SC establishes checklists for each type of lot. The lots are defined in the regulating plan. The checklist specifies building height, lot coverage, setbacks, outbuildings and building placement. More architectural details were added than were in the 2004 Special Permit.

The public question and answer period followed the presentation.

Andy Rogers observed that the applicant gets certainty with the SC but there is a need for consistent standards and certainty for the Town boards.

Chiu-Yin Hempel expressed her concern with slope issues on lots with over 20% slope.

Jo Ann Hanson commented that the pictures shown depict flat terrain with trees. She wondered how the developer proposes to achieve that. Andrew Dance replied that only one of the pictures was actually flat.

Larry Darby noted that the overarching document is the Special Permit not the Smart Code. He also commented that under the SC, the Planning Board has broad discretion and is able to authorize variances. Steven Barshoff added that there is no variance process as the Special Permit gives authority to the Planning Board to modify the plan so variances are not needed.

Frank Peverly, Chairman of the Town Zoning Board, questioned the Smart Code’s assignment of responsibility for interpretation to the Town Planning Board. He stated that since the Smart Code is actually creation of zoning regulation, the Town Board should be looking forward to what happens when the developer leaves. The issuance of relief for reasons unknown nor contemplated does not exist. It is his belief that the Town’s Zoning Board should be involved in the process as stipulated in State’s Town and General Municipal Law.

Jim Hays noted that in the 2004 Special Permit, the name of Robert A.M. Stern was liberally used, but now it seems to have been replaced with statistics. He expressed “grave doubts” that Tuxedo Reserve will actually look like the pictures which the developer and its consultants have shown. He noted that wildlife corridors have been obstructed and areas around wetlands developed. In fact, if you look at the plans, it is sprawl. Paul Milano of Cooper Robertson responded that Robert Sterns office has been involved in the creation of all of the plans. He stated that the revisions to the “master plan of Tuxedo Reserve” were presented to Robert Stern. Supervisor Dolan remarked that what he wants for the Town is “what’s in those pictures,” and he feels that the Smart Code represents how the Town will get exactly what they’ve been promised. Mr. Hays responded that he feels there is “too much wiggle room” for the developer.

Peter Regna commented that the transect zones which make up the Smart Code make T3 the “most desirable” kind of housing, even dubbing it the “American dream.” If that is so, why is the developer now seeking fewer of these kinds of homes and increasing the multi-family dwellings. He noted that all the “bad examples” in the presentation had been multi-family housing. Paul Milano responded that the proposed shift in housing is due to the active adult units and the belief that multi family housig would be more attractive to this group.

Jurgen Wekerle asked what, if anything, could prevent a new village with it’s own zoning from being developed on this property. Steven Barshoff replied that while this was theoretically possible, he couldn’t think of any reason why Related would want to do that. When it was pointed out that this scenario might come into play if the property were sold to the residents of Kiryas Joal, Mr. Barshoff responded that the “model didn’t fit” because the price point is too high and there aren’t enough bedrooms.

Patsy Wooters commented that the addition of alleys to the community adds impervious surface to the plan and impacts the storm-water of the project. Andrew Dance replied that alleys take the place of driveways and thus there is no additional impervious surface.

Steve Gross inquired if the Smart Code h ad been “calibrated for Tuxedo,” how were history, geology and botony considered and incorporated into the SC?

JoAnn Hanson requested that the Town Board have the Town Engineers look at the performance standards. She wondered how the Board could maintain for the future the right to modify the Smart Code. If it is put into the Permit (as an amendment) is it there for the life of the development?

Agenda for Town Board Meeting January 11, 2009

Call to Order
Pledge of Allegiance

Public Informational Meeting

Tuxedo Reserve “Smart Code”

Regular Meeting

1. Resolution to Set Schedule of 2010 Town Board Meetings

2. Resolution to Grant Special Sign Permit for Promenade at Tuxedo Place

3. Any other business as may come before the Board after this Agenda is posted

Budget Transfers
Vouchers

Adjournment

Emergency Town Board Meeting Wednesday January 6, 2010 at 7:45pm

Call to Order
Pledge of Allegiance

EXECUTIVE SESSION for the purpose of conducting discussions regarding Town of Tuxedo Police personnel matters.

Any other business as may come before the Board after this Agenda is posted.

Adjournment

Agenda for Town Board Meeting December 31, 2009

Call to Order
Pledge of Allegiance

1. Review and approval of vouchers

2. Any other business as may come before the board after this agenda is posted

Adjournment

Town Board Meeting December 14, 2009

The Town Board met on Monday, December 14, 2009 at 7:30 pm. All members were present.

Public Hearing on The Woodlands Sewer Rates: Frank Peverly was the only resident to comment and he expressed his support. These rates have not changed in 10 years.

Public Hearing on Local Law Entitled “Storage in Residential Yards.” This law amends Section 98-15 of the Town Zoning Code titled “Yards” and adds a Subsection E prohibiting the storage of materials within a front yard or, under certain circumstances, within a required side yard. The only comment came from Councilman Castricone who is concerned about one resident’s storage of piles of dirt in his front yard.

Town Supervisor/Town Board Update: Supervisor Dolan reported that he has been looking into changing the Town’s Workmen’s Comp insurance as well as the Health insurance. Additionally, he reporterd that work has begun on the Highway Department contracts.

Councilman Castricone reported on the water in Maplebrook. Mr. Pointing of United Water has refused to meet with the Town Board. He will not meet with the residents of Maplebrook either. He is requesting that Supervisor Dolan be the lead contact between the residents and United Water. The Supervisor commented that United Water is working on lifting the well up and cleaning the tank. They are also considering piping water in from Blue Lake. Since this is the source of water for The Woodlands, and since all homes there need filtration systems, the Maplebrook residents are not enthusiastic about this possibility, Lifelong Maplebrook resident Bernie Modder spoke, expressing his frustration with the situation. Mr. Modder maintains that Maplebrook residents had no problems with their water until United Water started pumping water over to the Tuxedo Club Golf House. He wonders to whom United Water is accountable. Councilman Castricone promised to take this up at the County level.

Supervisor Dolan reported having received a copy of a letter written by Tuxedo School Superintendent Joe Zanetti to the Chairman of the Warwick Planning Board. In the letter, Mr. Zanetti addresses the proposed development on the former INCO property (situated in the Town of Warwick, but within the Tuxedo School District) and requests figures on student generation, a time table for when any such students would be entering the school and projected revenue for the district from the project.

The following resolutions were passed:

An acknowledgment of the last day of employment of Police Chief Daniel Carlin on 12/31/2009. The Town Board will begin interviewing for a new Police Chief in early January.
A resolution to confirm permanent appointment of Police Officers Gerard Shiloh and Daniel J;. Sutherland.
A resolution to approve Woodlands sewer rates.
A resolution to schedule informational public meeting regarding the Smart Code on 01/11/2010 at 6:30 pm. The location will be announced. The Town will try to secure the School Cafetorium.
A resolution to schedule the reorganizational meeting/regular bi-monthly meeting on 1/25/2010.

Lou Heimbach, representing the Sterling Place development asked if the Town Board would be in favor of accepting the roads within the development for dedication to the Town as long as they were built to Town standards. He was given a positive response.

Since this was Councilman Casticone’s last meeting before he moves up to become our County Legislator, Supervisor Dolan thanked him for his service and game him his name plaque. Councilman Castricone then read a statement in which he thanked everyone he has served with for the last four years and said he was looking forward to representing us in Goshen.

Detailed Account of the November 23 Public Hearing for Tuxedo Reserve

Because non-Tuxedo residents were heard at the end of the previous public hearing, Supervisor Dolan announced that the Board would hear them first.

Robert J. Drennen: Click here to read Mr. Dennen’s remarks

James (“Spider”)Barbieri: Click here to read Mr. Barbieri’s remarks

Peggy Wissler: Click here to read Ms. Wissler’s remarks. Download the map here.

Steve Gross: Click here to read Mr. Gross’s remarks

Mary Ellen Shaw representing the Sierra Club of New Jersey, stated that the Club is concerned about stormwater runoff, additional impervious surfaces and the actual flow levels in the Ramapo River. She commented , “the more development you have up here, the less flow we have in New Jersey.” She then informed the Board that In New Jersey, they call this kind of development “uncontrolled sprawl,” and they argue over every acre.

Janet Burnet: spoke as the Executive Director of the Ramapo River Intermunicipal Watershed Committee. She began by showing a map of the watershed, which reaches all the way down to the New York State border and into northern New Jersey. She pointed out that this is a shared watershed and it’s where many people, including many non-Tuxedo residents, get their drinking water from. The Committee has multiple concerns about water quantity as well as water quality. Rockland County gets 40% of their drinking water from the watershed and United Water has recently stated that this is not enough to satisfy the demand for water. This is the same watershed from which Tuxedo Reserve is proposing to withdraw up to 800,000 gallons a day! The Committee is asking for better regional planning—transboundary planning. They feel that Rockland County has not been included in the process.With regard to the quality of the water, the developer has intimated that there is a possibility that they will hook into the Western Ramapo sewage treatment plant, however, this will not happen. The Rockland legislature has said they will not give permission for the hook-up as has the Rockland County Sewer District #1. Ms.Burnet also remarked that she has not seen any plans for a new sewer treatment plant in Tuxedo, but if they have been drawn up, she recommends an independent review of them by an expert in the field before the issuance of any permit. She concluded by noting that when a decision making process takes as long as this one has with the factors needing to be reviewed over and over again, one has to suspect that the project just isn’t a good idea! Good decisions are often clear and easy to make. Perhaps it is just time to say no!

Howard Horowitz: a resident of Warwick.and a Professor at Ramapo College. He pointed out that the issue of Tuxedo Reserve affects the entire region (and not just the Town of Tuxedo) in many ways. The property is part of the open corridor for wildlife, which also includes Sterling Forest. Once corridors such as this one are gone, they are gone forevert and so people have been fighting to maintain them as much as possible. Rock-blasted steep slopes, fractures in the bedrock and chemicals from lawns will all contribute to contamination of the water. In his view, this is a place for which the highest and best use is to be kept open.

Next, the following Tuxedo residents spoke:

David du Pont: Click here to read Mr. Du Pont’s remarks

Gardiner Hempel: As President of the Tuxedo Park Fire Department and a Fire Commissioner for the Town of Tuxedo, Mr. Hempel read a letter written to the Board by the Commissioners. Click here to read that letter.

Lili Neuhauser: Click here to read Mrs. Neuhauser’s remarks

Sally Spooner: stated that as presented, the Tuxedo Reserve development will require substantial taxpayer dollars from residents who are not part of the development in order to sustain itself. The Tuxedo Park Library will require additional infrastructure to seve the population generated by the project. This could run into millions of dollars.. The cost of land, the building, additional furniture and equipoment will be borne by the taxpayers …not the applicant. Ms. Spooner asked the Board to:

Hire a professional to represent the Town’s interest I conducting a fiscal analysis. This should include the true cost of things like the Library as well as Fire Protection.
Protect their constituents from unfair burdens by making sure the applicant pays for the additional services generated by the project. She said it’s fine for the applicant to make money, but not at our expense.

Barbara du Pont: spoke as President of the Board of the Tuxedo Park Library. Click here to read Mrs. Du Pont’s remarks

Paul Bumbar, a 30-year resident of Laurel Ridge, added his voice to those who oppose the project. He is concerned about the development, especially in the Northern Tract, Mountain Lake and the Fox Hill Tract. He is also concerned about the segmentation of Sterling Forest. He expressed apprehension about the additional traffic that will be generated by the project saying that it is already difficult to get onto Route 17 during rush hour. Additionally, he feels the air quality as well as the water quality will be severely compromised.

Mary Graetzer: Click here to read Mrs. Graetzer’s remarks

John Yrizarry: spoke about the Mountain Lake area. He stated that according to the SDEIS there are 6 species of concern found in the vicinity of Mountain Lake and yet the document also states that the area is suitable for development and that the project would have a minimal impact on the wild life. In his view, there seem to be many flaws in the document. Making sense of these flaws will be up to the Board.

Alan Heywood: began his statement by chastising the Board for holding the hearing in the Town Hall. He suggested that since there were over 200 people at the last hearing with additional people who attempted to attend and couldn’t get in, scheduling this meeting for a venue as small as the Town Hall showed total disrespect by the Board. He pointed out that conceptually people had had a hard time imagining what Tuxedo Reserve will look like and suggested that we have a great example of what it might look like in the clearing of power-lines along South Gate Road. Finally, he commented that in his opinion Related will have a great deal of trouble in the present economic climate persuading any financial institution to loan them money to build a spec development in an unproved area of Orange County, NY. He urged the Board to pay great attention to the financing of the project lest the Town is left with a developer than runs out of financing.

Joan Alleman made a statement via a letter, which was read into the record by Jim Hays. Click here to read Mrs. Alleman’s lettter

Earl Stevens: Mr. Hays also relayed a message from Mr. Stevens who was celebrating his 104th birthday. He wanted the Board to consider that the Hudson Highlands are very important and Tuxedo is very important to the Highlands.

Jim Hays: expressed concern about the proposed Smart Code. He mentioned that some time ago Andrew Dance had offered to give a worksh0p on the Smart Code and said that he hoped the Town would arrange for such a workshop because he feels that the Board as well as other interested people in Town could benefit from it.

Larry Darby: Click here to read Mr. Darby’s remarks

Dena Steele: Click here to read Ms. Steele’s remarks

Francine Rauch: Click here to read Mrs. Rauch’s remarks

Tom Wilson: began by stating that the DSEIS admits there will be stormwater runoff into Tuxedo Lake and the Ramapo RiverIt also admits there will be runoff onto adjacent properties. However, the only method of control being proposed by the developer is a pocket pond and swale, which will bethe only thing preventing contamination going into our drinking water! Beside the issue of water contamination, there is also an issue with the sewage plant. The DEC is going to be sending a letter to the Town explaining that the existing sewage plant is not sufficient and changes need to be made. As the plan stands now, the Town will geta new sewer treatment plant after the 80th house is built. That’s not going to be sufficient for the DEC. The Town needs to have another plant. Even if the developer was willing to change the plan and provide a new plant at the beginning of construction, the Town has no guarantee that thie project is going to get built. An alternative plan is needed. Mr. Wilson then stated that as much as many Tuxedo residents have had problems with this developer, that he would like to prose a pubic/private partnership with him. He then proposed an idea where residents could work with the New York State Parks Departments and the Trust for Public Land and offer the developer money to buy the property outright. At current market values, that would be close to $39 million, (The developer would say that its worth far more than that – about $100 million and that he’s got about $50 million into it already.) Mr. Wilson suggested that a Biomass facility could be constructed and opened on the property. The Parks Department would be OK with this idea and money could generated as opposed to the contamination of public waters. A plan like this would generate between $20 million and $30 million per year and would be a way for the developer to earn his money back in 8 years instead of the 12-15 years needed for build out. Mr. Wilson then outlined more of his plans for this partnership. This information can be found on his website at http://tuxedolandtrust.org/

Peter Regna: Click here to read Mr. Regna’s remarks

Tom Bender: Mr. Bender sent a letter which was read into the record by Uli Pendl. Click here to read Mr. Bender’s letter

JoAnn Hanson: expressed her support for the workshop on the Smart Code. She mentioned that she has a degree in urban planning and yet is having a hard time understanding the changes as requested. She wondered how anyone could comment on the changes when they are so difficult to i understand. While she understands there are advantages for Related as it smoothes the process for them, she feels that the public and the Board need to understand the changes that are being proposed.

Allan Barnett: Click here to read Mr. Barnett’s remarks

John Kilduff: Thank you, Mr. Supervisor for allowing me to supplement my previous comments with these remarks.

As I mentioned, previously, and I continue to remind my fellow citizens, we are here to comment on the applicant's Draft Supplemental Environmental Impact Statement (“DSEIS”). By now, after all the input from concerned citizens, it should be clear the DSEIS is woefully inadequate, incorrect, and, unfortunately, misleading. The Town Board has a sound legal basis to deny the applicant’s proposed amendments to the special permit issued in 2004, based upon the objections raised over the DSEIS during the course of the past two hearings.

In furthering the ability of the Town Board to reject the proposed amendments, I reference the DSEIS.

The DSEIS states the following: “soils present above the bedrock in the proposed clubhouse area will provide a filtration barrier between the ground surface and the underlying ground water system.”

The above assertion is simply not credible. Well logs of well numbers WC-1 and WC-4 (the wells nearest to the referenced site) show very thin soil levels, measuring a mere 6 inches at WC-1 and 3.5 feet and WC-4. After intended site preparation, these thicknesses could be even less. Even with normal levels of porosity, these levels of thickness are too thin to provide any significant protection to the groundwater.

Citing homes in the Mountain Lake area, and the project as a whole, represents an unmitigated threat to the drinking water of Tuxedo Park residents who get their water from Tuxedo Lake, and millions of people downstream along the Ramapo River watershed.

This is one of several threats to our community ranging from financial, traffic, wildlife, and overall quality of life.

We have provided you, the Town Board, with an overwhelming set of detailed threats and deficiencies that warrant the conclusion the community seeks, regarding the amendments to the special permit: application denied.

I thank you for your time, and I realize that you’re up against a formidable applicant, in the form of the related Companies. I tell you, however, that you are not alone. We, in the community, have worked to cite chapter and verse of deficiencies with this DSEIS.

Let us help you.

We have legions of supporters to help dissect this application and its impacts further. As you have heard, tonight, we also have an alternative that will benefit the entire region.

Again the only sensible conclusion to this process is: Application denied!

Thank you.

John P. Kilduff
3 Crows Nest Road
Tuxedo Park, NY 10987

Phillippe Seeman: Mr. Seeman sent a letter, which was read into the record by Uli Pendl. Click here to read Mr. Seeman’s letter

Kristia Cavere: Click here to read Ms. Cavere’s remarks

Nadia Cadadero: Click here to read Ms. Cadadero’s remarks

Uli Pendl: Click here to read Mr. Pendl’s remarks

Lesley Devore: Click here to read Ms. Devore’s remarks

Keevie Silvay: Click here to read Mrs. Silvay’s remarks.

Patsy Wooters: stated that one issue that come up in the two public hearings was the welfare of the projected homeowners association. She gave the example of Pierson Lakes in Sloatsburg, Ny. The Pierson family tried to pull off a large development of 74 high-end homes, but it didn’t work out and in 2004, the project was sold to Byron Hill. Since then, Byron Hill has stiffed the Homeowners Association on their dues. They currently owe over a million dollars.They also have submitted annual offerings without notifying the homeowners, which is in violation of their agreements. Tuxedo Reserve is a development that depends on a successful Homeowners Association, but if Related sells it to someone else, there is no guarantee as to who that will be and how they will behave. This is something else to consider in a fiscal analysis.

Agenda for Town Board Meeting December 14, 2009

Call to Order
Pledge of Allegiance

Public Hearings:

Woodlands Sewer Rates
Local Law Entitled “Storage in Residential Yards”

Minutes
Monthly Reports
Public Comments on Agenda Items

Town Supervisor/Town Board Update
Acknowledgment of Last Day of Employment of Police Chief Daniel Carlin on 12/31/2009
Resolution to Confirm Permanent Appointment of Police Officers Gerard Shiloh and Daniel J. Sutherland
Resolution to Approve Woodlands Sewer Rates
Resolution to Schedule Informational Public Meeting regarding Smart Code on 01/11/2010
Resolution to Schedule Reorganization Meeting/Regular Bi-Monthly Meeting on 01/25/2010
Any other business as may come before the Board after this Agenda is posted

Public Comments
Budget Transfers
Vouchers
Adjournment

Town Board Meeting November 23, 2009

The Town Board met on Monday, November 23, 2009 at 7:30 pm. All members were present.

Public Hearings:

Tuxedo Reserve Draft Supplemental Environmental Impact Statement
Proposed Amendments to Special Permit and Preliminary Plan
Introductory Law Entitled “Tuxedo Reserve Rezoning”
Introductory Law Entitled “Amendments to Local Law No 4A of 1998”

The hall was packed with both residents and non-residents. The non-residents were the first to speak, and they raised concerns about

The number of actual proposed lots in the subdivision (the speaker pointed out that there is an application in Sloatsburg for 1 lot making the total number of lots 1196, one more than the Special Permit allows)

Endangered, threatened and special concern species on the site.
The effect of the bedrock fractures on the water supply
The wetlands on the site
The runoff into the Ramapo River
The Ramapo River Watershed
Wastewater treatment
The effects of blasting on the watershed

Following these statements, over 30 Town residents spoke on the following subjects:

The structure of the Town Board’s review of the project
The ability of the Town Fire Departments to adequately protect homes in the project
The possible desecration of Native American artifacts
Who will pay for the infrastructure required to house the Library within the project
The requirements of the Library to serve the people of Tuxedo Reserve
Information missing from the SDEIS
Flaws in the DSEIS
Species of Special Concern not mentioned in the DSEIS
The financial health of Related Companies AND it’s backers
The importance of Tuxedo in the Hudson Highlands
The Smart Code
The amount of commercial space proposed for the development
Archeology of the site
The fiscal impact of the project
The Groundwatern resources on the site
Related’s track record in Snowmass, Colorado
The welfare of the Homeowners’ Association

After considering all the options with Town Attorney Don Nichols, the Board decided to close the Public Hearing. Public comments will be accepted until January 1. The Supervisor will try to set up a workshop with the applicant and the Town’s consultants on the subject of the Smart Code. After that occurs, more public comment may be heard.

*A more detailed account of the Public Hearing, including many statements in their entirety, will posted as soon as possible

During the meeting that followed the hearing, the following resolutions were passed:

A resolution to reappoint Charles Jones as Fire Commissioner for the Tuxedo Joint Fire District
A resolution to exercise extension #2 of Moratorium on Outdoor Wood-Burning Furnaces. This would extend the moratorium for 3 months.
A resolution appointing Robert Marsh, Sr.as Seasonal Snow Plow Operator

Couincilman Castricone reported that the residents of Maplebrook are still having a problem with their water. When this issue first came to light in July, United Water promised to set up a polyphosphate system and filtration. Residents thought the polyphosphate system had been set up and were waiting for the filtration, but they have discovered it has already been done. United Water has never notified anyone of its completion. People are still complaining and there are many complaints of rashes. One resident has tested for radon. Councilman Castricone invited Michael Pointing, a representative from United Water, to come to a community meeting in Maplebrook, but this invitation has been ignored. It was decided, therefore, to invite Mr. Pointing or any other representative of United Water to appear at the next Town Board meeting. Residents of Maplebrook will be notified so they can attend and ask questions.

Agenda for Town Board Meeting November 23, 2009

Call to Order
Pledge of Allegiance

Public Hearings

Tuxedo Reserve Draft Supplemental Environmental Impact Statement
Proposed Amendments to Special Permit and Preliminary Plan
Proposed Rezoning
Introductory Local Law Entitled “Amendments to Local Law No. 4A of 1998”

Regular Meeting

Resolution to Reappoint Charles Jones as Fire Commissioner for the Tuxedo Joint Fire District
Resolution to Exercise Extension #2 of Moratorium on Outdoor Wood-Burning Furnaces
Any other business as may come before the Board after this Agenda is posted

Budget Transfers
Vouchers

Adjournment

Town Board Meeting November 9, 2009

The Town Board met on Monday, November 9, 2009 at 7:30 pm. All members were present.

The meeting began with a moment of silence for lifelong resident Marion Mottola who died recently.

Continuation of Public Hearing on 2010 Preliminary Budget:
The tax rates for 2010 will rise 3.92% in the Village (or $13 for every 100,000 of assessed property value) and 3.84% in the Town (or $29 for every 100,000 of assessed property value.) There were no public comments on the budget.

Continuation of Public Hearing on 2010 Hamlet Sewer Charges:
There were no comments from the public and the hearing was closed.

Town Supervisor/Town Board Update:
Supervisor Dolan congratulated all those who won elected office in last week’s election, including Cliff Loncar and Lisa Spivak to the Town Board, Shawn Brown as Town Justice, Ed Pfizenmaier as Highway Superintendent, Peter Dolan as Supervisor and Dan Castricone as County Legislator.
He then reported having receivied a letter from School District Superintendent Joseph Zanetti thanking the police department for their part in a recent “K9 search for contraband exercise” which was held at the High School. (no drugs were found).

Councilman Castricone, speaking as the Chairman of the Town Republican Party, commented that he thinks the Town should raise the salary of the Town Councilmen. The annual salary of $5800 is not enough, in Casticone's opinion, and it needs to be higher in order to attract more qualified candidates. Supervisor Dolan agreed with this opinion and said he felt the jobs of Councilman and Supervisor were becoming too onerous for part timers. Councilperson Spivak disagreed, saying that she was not serving on the Board for the money.

The following resolutions were passed:

A Resolution to adopt the 2010 Final Budget
A Resolution to schedule a Public Hearing to receive comments on the Woodlands Sewer rates for December 14 at 7:30 pm. There are no changes to the rates which have remained the same for 10 years!
A Resolution to oppose NYC DEC ban on residential outdoor burning of brush and leaves. The ban states that towns of 20,000 or less cannot burn leaves although one can burn branches and limbs. This was done at the request of Assemblywoman Annie Rabbit.
A Resolution to introduce a Local Law entitled “Storage in Residential Yards.” This would make it illegal to store trailers and firewood in one’s front yard. Access to the back yard and side yard cannot be blocked and all wood and trailers must be moved away from the street. This law is still a work in progress.

Public Comments:
Mary Graetzer inquired about the status of the business for the train station and was told that Supervisor Dolan is still waiting to hear from the candidate. He said that in light of the Board of Health’s ruling about the building, the project would very like come back to the Town Board for discussion. Mrs. Graetzer suggested that since the original RFP had been misleading (stating that there was a commercial grade kitchen when there is not) it might be a good idea to scrap what’s been done and start over with a new, correct RFP so that everyone is on the same page. The Board commented that this might be necessary.

Mrs. Graetzer also inquired about the possibility of moving the November 23rd continuation of the Public Hearing on Tuxedo Reserve to a larger venue than the Town Hall. She was told that it was legally impossible to change the venue as the Board is legally required to give 15 days notice for such a change and the meeting is less than 15 days away. However, the Supervisor stated that should the hearing be continued again, it would be held at a larger venue with a public address system.

Andy Berish, speaking for the Silver Dollars, thanked the Board for the stipend, which that group will receive as part of the 2010 Budget.

Frank Peverly requested that the Town think about appointing an alternate to the Zoning Board.

Detailed Account of October 26 Public Hearing on Tuxedo Reserve

Public Hearing on Tuxedo Reserve Proposed Special Permit Amendments, the Draft Supplemental Environmental Impact Statement (DSEIS) and Proposed Resoning held on October 26, 2009:

Supervisor Dolan opened the Public Hearing by reading the official procedures and rules of conduct for Public Hearings. Speakers were asked to confine their comments to the following subject matter:

the draft Supplemental Environmental Impact Statement for Tuxedo Reserve
a proposed revised Special permit for Tuxedo Reserve
a local law amending Local Law #4A of 1999 as relates to the minimum number of single family residential units required as part of Tuxedo Reserve and
a local law amending the zoning map within Tuxedo Reserve to accommodate the new plan as proposed.

and to keep their comments to 3-5 minutes with no deferrals of time to another person.. Comments from residents of Tuxedo were heard first. It was announced that the hearing would be stopped no later than 10 pm, and would be continued at a later date if there were still speakers to be heard.

Evelyn David spoke first and stated that her comments were in response to the recently received Target Tuxedo letter. She went on to state that that at a time when the world around us seems to be strengthening laws, Tuxedo is loosening theirs. Nowhere in the plans for Tuxedo Reserve can she find any mention of the words “Green” or “conservation” Why is Tuxedo in regressive mode? In her view, the Town should be enactting stricter zoning laws rather than loser ones that make it easier for the developer to build.

Dan Gladding – Click Here to read Mr. Gladding’s remarks.

Sue Scher – Click Here to read Mrs. Scher’s remarks

Kristia Cavere began her remarks by stating that she is strongly opposed to Tuxedo Reserve. She has two main concerns. First is the proposed Smart Code. She feels the Town’s zoning laws, architectural guidelines and landscaping rules must be applicable to the entire town, including Tuxedo Reserve or anyone that they might sell to. Her second concern is downtown Tuxedo. She noted that the original plan had been focused on revitalizing our existing downtown while the proposed plan will add a second downtown area between Tuxedo and Sloatsburg. She questioned how the developer plans to fill 30,000 square feet of commercial space if the Town can’t even fill the new Duck Cedar space or Town Square. Finally, expressed concern with the lack of environmental impact studies from the proposal and stated that these must occur as well as further fiscal analysis before anything can be approved. She concluded by noting that many people have chosen to live in Tuxedo because it is a green oasis located between Bergin County and Northern Orange County, both of which are highly developed. She would like to see it remain green.

Nils Gerling Mr. Gerling is the Chairman of the Town’s Planning Board. Prior to his remarks, , Supervisor Dolan noted that in the years since the Special Permit was approved in 2004 , The Related Companies have spent $1,600,00 on Town Consultants and that 13,000 hours have been spent on project review. The Supervisor thanked Mr. Gerling for his part of those hours.
Mr. Gerling then stated that he had been reviewing the DSEIS and had found the document riddled with errors, both in the form of mathematical errors as well as omitted information. After giving some specific examples, he asked the Town Board to hire capable consultants with “appropriate backgrounds” to “audit the document and verify the veracity of the numbers and their origin.” He also noted that the document states an assumption that a 10,000 square foot Library addition would be required but, in a later table, only offers 5000 square feet on a third of an acre! Additionally, the document states that there is no anticipated negative impact on existing retailers in Tuxedo, however that assessment is for Phases 1 and 2 of the project. There is no mention of the impact of Phase 3. Mr. Gerling feels that if competitive retail is introduced, it might well have an impact on our existing retailers. His recommends that the Town Board meet with Budget Officer Pat Sullivan in addition to their consultants in order to verify the numbers before moving forward.

JoAnn Hanson – Link to her remarks

Jim Hays – Click here to read Mr. Hays' remarks" and then link to the attached.

Mary Hanson Mrs. Hanson, a member of the Town Planningf Board, commented that she had reviewed the DSEIS, and wanted to know what the development will cost the current taxpayers. She fears that the Board is taking the applicant’s word that taxpayers won’t end up paying for a huge amount of fire department and highway departments costs. She noted that in 2003, the Fire Department estimated that it would cost well over $1.5 million to cover the cost of required additional equipment. Will the taxpayers bear the responsibility of paying for this? Mrs. Hanson continued on to report that she has spoken to Tax Assessor Greg Stevens and was dismayed to discover that he had not been asked to review the documents. According to Mr. Stevens a condominium in Southfields presently pays about $1000 a year in taxes. Mrs. Hanson concluded by stating that that the town is looking at some serious expenses and she suggested that they had better make sure that these expenses are funded by the Developer..

Robert McQuilkin, a Village resident and member of the Village Planning Board, stated that he is concerned about the amount of proposed retail space in the project. Because the previous Town Board made it a cornerstone of the special permit to restrict commercial space, Mr. McQuilkin is alarmed by the newly proposed amount. The Town doesn’t have a critical mass of people to fill the Hamlet shops along Route 17 and the Rt 17 shops are already being watered down by the newly renovated Duck Cedar and various other locations.Focus must be placed on the revitalization of Route 17. Mr. McQuilkin thinks it’s a terrible idea to pull retail space up into Tuxedo Reserve. He also raised the question of whether there is money in the budget to cover the increased wear and tear on the roads in Tuxedo Reserve. He noted that the proposed roads are very steep and have many switchbacks as well as lots of steep retaining walls and thus will be expensive to maintain.

Mary Graetzer - Click Here to read Mrs. Graetzer’s remarks

Alyse McCathern As member of the former Town Board, which passed the 2004 Special Permit, Mrs. McCathern began her remarks by disclosing that she is employed by Town Attorneys Jacobowiitz & Gubits but that she was speaking only for herself – not for any other member of the former Town Board and not for her law firm. She stated that she had reviewed the 2004 Special Permit and Findings Statement while preparing her remarks and that in her view, three are four areas of concern.

Financial – The Special Permit sets up PILOT Payments (Payments in Lieu of Taxes) to the Town of $150,000 per year on the Northern Tract which all felt probably wouldn’t be developed. They also put aside $6 million for revitalization of the Town of which $2 million was for low interest loans to small businesses. She trusts that these will not be touched in the new application. The 2004 Permit limited retail in the project to 3000 square feet and this was done to protect the businesses in the Hamlet. Mrs. McCathern hopes there will be a economic impact study done to show what increasing the retail space to 30,000 square feet might do to businesses in the Hamlet.
Environmental – The 2004 Permit preserved over 1700 acres This included the entire Northern Tract, Fox Hill in its entirety, a significant portion of the Southern Tract and Mountain Lake which at the time was determined, by the Town’s own consultants, to be an environmental treasure which should not be built upon. Mrs. McCathern reiterated that she does not believe Mountain Lake should be built upon.
Community Character – the former Town Board had their consultants make a 3D video so they could see what the development would actually look like as opposed to looking at pictures on paper and Mrs. McCathern strongly urges the present Board to do the same thing. In 2004 this resulted in very specific bulk standards and design guidelines and she recommends that these should be maintained. As per the Town Code the Special Permit states that the project would be subject to review by the Architectural Review Board. In Mrs. McCathern’s view, the current Board has not been favorable to the ARB and she finds this very disturbing. Her own personal opinion is that residential development is usually tax negative. The 2004 permit limited multifamily units to 305 and she is concerned about the increase in the new proposal. She hopes the Town’s consultants will advise them on the fiscal impacts of this increase.
Enforcement - Since even the smallest of l projects can be difficult to infoce, the 2004 Permit included a lot of enforcement mechanisms. She trusts these won’t be abandoned. In particular, Mrs. McCathern feels the traffic monitoring mechanism is most important.

(At this time, Mrs. McCathern’s allotted time ran out and despite encouragement from the audience to continue, she was asked to step down from the podium,)

Gary Pompan – Link to his remarks

Kathy Norris commented that residents have been asking the same questions over and over again for years and that no one is answering them. It is inherent in human nature and written in the Constitution of the United States that a property owner tbe able to do with their own property what he or she wishes. However, freedom is not a license to adversely affect other people’s rights to enjoy their own property. Some of her questions were:

What happens when the current owner of the property divides it up between the various developers? Who will be responsible for it’s buildout, architectural appearance, mess and traffic?
When residents can’t take a shower because their neighbor is watering their lawn, who will be responsible?
When the Town is sued by New Jersey residents for water pollution because the Ramapo River can’t take any more effluent, what will they do about it and who will pay for the lawsuit?
When the town has an additional 900 children wanting to come to the public school, who will pay for it?
When residents are unable to get down Route 17 because the traffic is all blocked up, what will they do?

Charlie Hunt, a Clinton Woods resident whose background is in strategic planning and outcomes research, expressed his concern that there is no scalable monitoring. He went on to suggest that Trigger points should be introduced so that if things are not moving along successfully with phase, then phase two and phase three are put on hold. He feels there are optimistic residency figures in terms of school-age children but if that balance changes because of the economics, he would like to see a trigger than let the development go no further.

Ken Magar introduced himself as the previous Supervisor of the Town. As such, he commented that he had spent almost 10 years reviewing this project before voting in the Special Permit in 2004. At that time, both the Town Board and the developer believed they had a viable project but neither of them was naïve enough to think it was cut in stone. He feels minor changes are inevitable. It is his personal opinion that without development, this Town and the school system will die. The Town needs development but it is their responsiblity to make sure that this development is reasonable. Speaking to the developer he said, “if you had a viable development in 2004, you should take it. If you want changes, shelf them. After 10 years(and this is a 20 year project)after you’ve made your initial project, then come back in with your revisions. Get the prpject started!”

Houston Stebbins Click Here to read Mayor Stebbins’ remarks

Mary Yrizarry urged the Board to listen carefully to the statements made by non-residents who are living with real development and not dismiss them just because they are not from the Town of Tuxedo. She reminded the Board that whether they liked it or not, “Tuxedo Reserve is not an island.” It is part of a large mountainous and forrested region whose natural resources we share with our Tuxedo neighbors, the surrounding communities and many, many others downstream and further away. Everyone’s concern for clean water, clear air, safe roadways, adequate Town services, taxes and a natural aesthetic are issues that the Board, as lead agency, must take into consideration. The previous Town Board struggled with these issues over many years. They listened to a plethora of views and did their best to accommodate as many of them as reasonably feasible. Even then, the final document was not perfect and since that time more information has come to light both from the developer and outside observers. So, in reading the DSEIS, when the developer repeats at the end of almost every modification statement, “….no significant adverse impact,” Mrs. Yrizarry suggested the Board take it with a very large grain of salt.

Michele Lindsay inquired as to how the Town plans to control the quality of the building and landscaping of the project. She mentioned that a year and a half ago, she had appeared before the Town Board to speak about Sterling Mine Estates. Her concern at that time was that the project had been allowed to move forward and was then abandoned and left half finished, creating not only an eyesore, but a safety hazard.,. Subsequently, the Town installed deflectors along the ditch that runs along Sterling Mine Road so that people wouldn’t inadvertently drive into it, but these are the only improvements that were made to the the site. Mrs. Lindsay noted that the applicant is pushing for “the Smart Code” and she wondered if they then proceed to sell parcels, or perhaps all of the property, to others, what will be the control mechanism to ensure that the project is finished properly? She also expressed concern about the fact that the water facilities in the project are to be maintained by the Homeowners Association. She further commented that she had heard at a Planning Board meeting that if the Homeowners feel they can no longer maintain these facilities, then the Town woill have to take them over. Finally, she spoke about the proposed land swap noting that the developer is proposing to give land zoned for light industry along Long Meadow Road to PIPC in return for land along South Gate Road. Does it make sense for the Town to give up the possibility of developing businesses along Long Meadow Road in the future when such businesses would be beneficial to the Town in terms of tax revenue?

Ulrich Pendl made his remarks on the Economic and Fiscal Analysis section of the DSEIS. He noted that the revenue numbers were based on figures, which were valid 5 years ago. A particularly glaring example of “wishful revenue data” is that a 4- bedroom house on 1/3 of an acre is to be sold for $1.5 million! The claim that the addition of 1200 units to a Town of our size would be tax positive or even tax neutral is suspect. It is said that one tax dollar received from residents necessitates $1.30 in services to be provided to the community. While ideally these funds would come from business taxes, our Town is geographically unable to handle more than the railroad, the Super Highway, the Highway and the River in our narrow valley. Business will move South. In addition, Mr. Pendl noted that the developer has changed the housing mix to add substantially more housing for families with children. He noted that TUFSD’s cost per student is more than twice the NYS average. Mr. Pendl strongly urged the Board to take more time to listen to more input from residents before voting in any way on this project which will “alter forever the nature of our Town.”

Susan Goodfellow - Click Here to read Mrs. Goodfellow’s Remarks

Peter Regna - Click Here to read Mr. Regna’s remarks

John Kilduff, Preisdent of the Ambulance Corps, speaking as a private citizen, commented “when I connect the dots, there can be only one answer to t his application….application denied!” He went on to note that that the Public Hearing was about process, about all of Tuxedo collectively going through the application with a fine tooth comb. Lots of very dedicated people have done that and the numbers don’t add up. In his view the risks aren’t worth it. Stating “They had a deal in 2004. Sorry if it didn’t work out for you.” Mr. Kilduff noted that Related had also built the “majestic” Time Warner Center in New York City. He suggested that everyone give it some time because perhaps the land here could become very valuable in the future in terms of a carbon offset credit.

Bill Sloe inquired as to the history of the developer? Who are they? What have they done?

Thomas Wilson stated that after 13,000 hours of study, the project is already tax negative. If the Town is being asked to increase the commercial space from 3000 to 30.000 square feet, increase multifamily housing and add new zoning that will supercede the Town Zoning Code, in his view they are basically being asked to subsidize the sale of the property to another developer. He then seconded John Kilduff’s earlier comments….“application denied!”

George Williams, a resident of Tuxedo Park who works for a real estate firm in New York City, noted that Phase 1 consists of 75 units however the town is not requiring that the sewer treatment plant be constructed until 80 units are built. Using the example of a development called “Captains Corners” in Staten Island, he suggested that the developer could build 75 units and then stop for any number of years. In Captain’s Corners it was 16 years.

John Kwasnicki of Sloatsburg found several things missing from the DSEIS. For example, the Town of Tuxedo PID Code history,Tuxedo Reserve PID Code zoning controls, Tuxedo Reserve’s agreements with the Villages of Tuxedo Park and Sloatsburg, the Town of Tuxedo Master Plan of 1972 and the Sloatsburg Stormwater Controls of 2007 are all missing. He submitted several pictures of the rough grade of the roads, which are situated on the 40 acres of Tuxedo Reserve that lie in Sloatsburg as well as pictures of a well. Wells in Rockland County are regulated by the Board of Health and that agency has said that this looked like Tuxedo Reserve would take the water from this well and transfer it over the county line to their development.

Randy George is the Mayor of North Haledon, NJ. He begand his remarks b by saying “development is not the panacea you are led to believe. I’ve been on the Planning Board for 11 years and I’ve never once seen a plan that said it would adversely affect the Town.” His town had an application for 900 units on 100 acres. They bargained them down to 300 units. They were told the development would yield 20 schoolchildren. It yielded 60 schoolchildren, which triggered a $30 million referendum for a new school. The units sold for $200,000 more than they said they would, but now that there is a recession people are coming in and asking to have their taxes lowered. They’re taking the Town to court every year…..and winning. So now these property owners are paying less taxes because their homes are worth less. All this has shifted the burden onto all the other taxpayers in Town. Mr. George commented that the developer is here for only one reason … economics. In Mr. George’s view, the developer cannot build the project because they cannot sell at the price they need. As a result they are asking for more multifamily units and more commercial space. 1600 hundred wells in North Haledon get their water from our watershed. Mr. George commented that he hoped the Board would listen to all of the speakers present and that the residents would continue to keep up their vigilence.

Geoff Welch is an environmental consultant to the Village of Suffern and the Ramapo River Watershed Keeper. He noted that he will give water testimony later in the process and would be making his remarks on natural resources. Mr. Welch disagrees with the DSEIS where it says that the project would have a non-significant effect on natural resources. The DEC listed wetlands on the site are valuable wildlife habitats. 100 ft. buffers on the wetlands are not enough. In particular, Mr.Welch mentioned two species, the red shoulder hawks and copperhead snakes. A field worker doing salamander studies observed a den of 19 copperheads on the site, in an area located in Phase 1 of the project. Copperheads are even more aggressive than rattlesnakes so it’s not good to have houses near their den. Mr. Welch concluded that the property would be much better preserved as a key link between Sterling Forest, the Ramapo River Watershed and Harriman Park.

Betsy Kohn, Co-Chair of the Sierra Club North Jersey Group stated that last summer the Exeutive Committee of the New Jersey Chapter of the Sierra Club had stated it is in opposition to the Tuxedo Reserve Development. One of their main concerns is the adverse impact that the project will have on the health of the Ramapo River watershed, which is a sole source aquifer with headwaters in New York. It provides drinking water for millions of New Jersey residents.
The quality of the water is already severely stressed from the existing level of development. In New Jersey, the water barely meets EPA standards. It makes little sense that this fragile watershed should be given over to massive development. The project undermines all the efforts to safeguard the water supply made by the citizens of New Jersey for years.

Janet Burnet lives in Suffern, but commented that she is a stakeholder in the process because she lives in the Ramapo River Watershed. United Water has said they will be able to meet the demands of the Tuxedo Reserve development by withdrawing from the Ramapo River Watershed, but at the same time United Water says it is running out of water in Rockland County, where they withdraw about 40% of the twater supply from the very same watershed. What is the truth? Is there so little water that United Water needs to build a desalination plant on the banks of the Hudson River or is there so much water that they have no hesitancy in promising that they can supply the Tuxedo Reserve Development. Mrs. Burnet urges the Board to take a very close hard look at the water reserves and United Water’s ability to provide water for the development. She recommended that the Board initiate discussions with officials from Rockland and New Jersey as well as Orange County water officials. She hopes that the Town of Tuxedo can be counted on to protect our regional water supply

Cynthia Sirocco asked for a moment of silence, which she said was not for animals or birds or insects but for human beings because we are destroying our water and air quality. The Tuxedo Reserve development will have an impact not just on Tuxedo, but it will also have have a global impact on water and air quality.

Steve Gross stated that Table 3-20 on page 3-21 of the DSEIS says the project will have a positive fiscal impact on the Town. However, Mr. Gross pointed out that the table only considers the impact on the school budget and does not consider the fiscal impacts to the Town at all. The fiscal impact on the Town, which is already projected to be negative for the General Fund and Fire District, would become negative in all taxing jurisdictions. He went on to say, that Table 1-3 on page 1-8 of the DSEIS lists, among the Neighborhood Amenity Buildings, a Boathouse for the Mountain Lake neighborhood. This is particularly disturbing since in all public representations to date, it would appear that the applicant was respecting the sensitive nature of the lake, avoiding encroaching no further than 100 feet from the edge of the wetland surrounding the lake. There is no other mention of a boathouse in the DSEIS, except briefly in an appendix to the Technical Memorandum where it appears as an item in a long list of recreational areas in the project. Looking at the Tuxedo Reserve website, however, one finds “the Mountain Lake Club” promoted as an “Amentiy” including a boathouse, rock beach, outdoor ice rink, platform tennis courts and a summer lawn, and that these facilities would be open to the public. These activities could expose Mountain Lake to intensive, damaging recreational use over the long term. In the short term, the proposed activities represent a significant encroachment on a NYSDEC regulated wetland, which has not been disclosed to the Town Board. Improvements to provide access to Mountain Lake have not been shown on any map or plan. This is an area of concern that requires much more disclosure and analysis. The DSEIS discusses the importance of un-fragmented forests. This property is presently part of the Sterling Forest un-fragmented forest. Obviously, the approved 2004 plan would already have an impact in reducing this un-fragmented forest, but the DSEIS disclosed that the Mountain Lake area of the development will cause the loss of an additional 94 acres of un-fragmented forest, leaving 202 acres intact. This means that 296 acres of un-fragmented forest would remain under the current Special Permit and that nearly one-third of that – 94 acres – would be lost under the proposed amendments. This is a significant impact, which could be avoided if there were no development in the Mountain Lake area. Mr. Gross had many more points he wanted to make and he was told he would be able to speak again at the continued hearing.

Andrew Lawrence spoke representing the New York Highlands Coalition, a group formed in response to the 2004 Highlands Preservation Act, which conserves the highlands in Pennsylvania, New Jersey, New York and Connecticut. He read a statement, which was submitted as a letter to Supervisor Dolan and which stated that the Coalition does not believe the proposed development “recognizes the importance of the water, forest, agricultural, wildlife, recreational and cultural resources of the Highlands region.” The Coalition believes that the best use of the land would be for landowners and local officials to see preservation of the property thus avoiding the segmentation and further fragmentation of a valuable section of the Highlands.
Click Here to read this statement

Patsy Wooters –Click Here to read Mrs. Wooters’ remarks

Chief Dwaine Perry of the Ramapo-Lenape Nation, who resides in Hilburn, reported that he had heard from a reliable source that Indian artifacts and perhaps remains had been found during the building of the road behind Jesse’s Bagels. He asked to look at the site and was sent to the developers who denied his request. Several weeks later, the developer provided an archaeologist who, together with Chief Perry;s archaeologist, went to have a look They discovered that the site had been “bulldozed, dumped on and altered” so there was no hope of finding either artifacts or remains. Chief Perry requested the establishment of a local oversight person so that if something is found, it can be identified.

Jeff Genser stated that he is not a rocket scientist, but that it doesn’t take a rocket scientist to see that the project is bogus. He recommends that residents petition to have a referendum put on the ballot asking residents whether or not they want to see Tuxedo Reserve built. In his view, the development should never be built..

Ed McGowan, Science Director for PIPC as well as Director of the Zoo at Bear Mountain, began his presentation with a statement about the PIPC land swap. He said a letter had been sent to the Town Board in lateJune ,which made it clear that PIPC would not undertake any review of this matter while the applicant was still seeking various approvals for the project. Yet the applicant has clearly sought approval for development on land currently owned by the PIPC. The PIPC would like to make it clear that the land swap is not on the table at the moment. Discussing the DSEIS, Mr. McGowan said that a number of people had addressed the deficiencies of the DSEIS and he would like to add that there were unsupportable statements made in the document. There are some good parts, in particular a discussion of fragmentation where the applicant lays out the significance of the area and then lists the consequences of fragmentation only to sweep aside the project and say that there would be no impact on fragmentation. Mr. McGowan feels that it would be hard to find an impartial expert to read the document and come to the same conclusion. When reviewing an EIS, he likes to look at the species list as he finds it a window into how thorough the review has been. He found some interesting omissions here….copperheads and black rattlesnakes are not listed although they clearly exist on the property. Those species tend to cohabitate with timber rattlesnakes, which makes him wonder if they did sufficient work for timber rattlesnakes. It would be in the applicant’s best interest to do that work properly so they don’t encounter problems down the line. Also missing was mention of the golden wing warbler, a species in dramatic decline, although the Sterling Forest area is one it’s remaining strongholds and there is ideal habitat available. There are species listed as being on the site, which are also unusual. Either these are misidentifications or very exciting finds. One is the norther leopard frog, very common up north but this would be the southernmost occurrence. Finally, there is the Least Shrew, which is the world’s smallest mammal and a speciies that Mr. MdGowan has been looking for for 20 years. These are not known in New York State. They are listed as an historical record for 1900 from West Point and from the 1930’s in the Ithaca area. If they are in fact on the property, they are New York’s most endangered mammal! Mr. McGowan will pass this information along to the State Mammalogist. In conclusion, Mr. McGowan stated there were serious deficiencies in the DSEIS.

Mr. McGowan was the last speaker. After consultation with Town Attorney Larry Wolinsky, Supervisor Dolan announced that the Public Hearing will be continued on November 23rd. At that time, first consideration will be given to people who weren’t present at tonight’s hearing or who had to leave early. After that, if there is time, other comments will be taken as long as they aren’t repetitive or redundant. Mr. Dolan requested all speakers submit their comments in writing as quickly as possible. After the hearing is closed, the Town Board will go to work on the project conducting a number of workshops with the Town Attorney, the Town Planner and the Town Engineer as well as the applicant. These workshops will be open to the public although there may well not be any public comment period.

Agenda For Town Board Meeting November 9, 2009

Call to Order
Pledge of Allegiance

Moment of Silence and Reflection to Honor Memory of Marion Mottola

Continuation of Public Hearings:

2010 Preliminary Budget
2010 Hamlet Sewer Charges

Minutes
Monthly Reports
Public Comments on Agenda Items

Town Supervisor/Town Board Update
Resolution to Adopt 2010 Final Budget
Resolution to Schedule Public Hearing to Receive Comments on Woodlands Sewer Rates
Resolution to Oppose NYS DEC Ban on Residential Outdoor Burning of Brush and Leaves
Resolution to Introduce Local Law Entitled “Storage in Residential Yards”
Any other business as may come before the Board after this Agenda is posted

Public Comments
Budget Transfers
Vouchers
Adjournment

Town Board to Hold Public Hearing on Tuxedo Reserve Rezoning
November 23, 2009

TOWN OF TUXEDO
NOTICE OF PUBLIC HEARING
INTRODUCTORY LOCAL LAW
“Tuxedo reserve rezoning”

PUBLIC NOTICE is hereby given that there has been introduced before the Town Board of the Town of Tuxedo, New York, on October 26, 2009, a local law entitled “Tuxedo Reserve Rezoning,” which local law is intended to cause the zoning for the Tuxedo Reserve Planned Integrated Development to be consistent with certain changes proposed by the developer to its Special Permit and Preliminary Plan. A complete copy of the Introductory Local Law is available for inspection at the Town Clerk’s office and at the Town website, www.tuxedogov.org.

NOW, THEREFORE, pursuant to §20 of the Municipal Home Rule Law, the Tuxedo Town Board will hold a public hearing on the aforesaid Introductory Local Law at the Town Hall, One Temple Drive, Tuxedo, New York, on Monday, November 23, 2009, at 7:30 p.m., or as soon thereafter as the business of the Board permits, at which time all persons interested therein shall be heard.

BY ORDER OF THE TOWN BOARD
ELAINE M. LAURENT, TOWN CLERK

Town Board Meeting October 26, 2009

The Town Board met in the Eagle Valley Firehouse on Monday, October 26, 2009 at 7:30 pm. All members were present.

The Firehouse was packed with residents most of whom were there for the Public Hearing on Tuxedo Reserve. Therefore, the Board moved through the regular part of the meeting very quickly. During the Public Comments period, Mary Graetzer inquired about the outcome of a meeting between the Town Building Inspector and the Board of Health with regard to the Train Station. Supervisor Dolan responded that the Town had been told that nothing but “pre-wrapped” baked goods could be sold there and that coffee could only be offered from a cart. The Supervisor has notified the successful applicant of these new restrictions, but hasn’t heard back from them as yet.

The following resolutions were passed:

A Local Law entitled “Tuxedo Reserve Rezoning,” was formally introduced. A public hearing will be held in the near future, the exact date to be announced.
A Resolution to authorize Town Counsel to defend the Town in certiorari proceedings.
The Public Hearings on the 2010 Preliminary Budget and the 2010 Hamlet Sewer Budget were rescheduled for November 9th due to a snafu with posting on the Town website.

Public Hearing on Tuxedo Reserve: Proposed Special Permit, Preliminary Plan Amendments and Proposed Rezoning:

Supervisor Dolan opened the Public Hearing by reviewing the procedures and rules of conduct for Public Hearings. People were asked to confine their comments to the following subject matter:

the Draft Supplemental Environmental Impact Statement for Tuxedo Reserve
a proposed revised Special Permit for Tuxedo Reserve
a Local Law amending Local Law #4A of 1999 as relates to the minimum number of single family residential units required as part of Tuxedo Reserve and
a Local Law amending the zoning map within Tuxedo Reserve to accommodate the currently proposed Tuxedo Reserve project.

Over 25 Town residents spoke on the following subjects:

the Library’s role in Tuxedo Reserve, the “greenness of the project,”
the Mountain Lake area,
the completeness/sloppiness of the SDEIS,
the fiscal analysis,
the intentions of the land owners,
the tax impact on current residents,
the amount of proposed retail space, the “community character” of the proposed project,
how the Town will monitor the build out of the project,
the impact on the Tuxedo Lake watershed,
the stormwater management plan for the project,
the risks associated with the project

Following these statements, 12 “non-residents” spoke. They raised concerns about

the water (the Ramapo River Watershed supplies drinking water for millions of people south of us in Rockland County and New Jersey) the completeness of the DSEIS, the potential effects on the natural resources,
air quality,
the Mountain Lake area,
stormwater management,
the possible disturbance of Native American artifacts and/or remains, the PIPC land swap
the effect on the species which are found on the property, in particular the Least Shrew.

When the last speaker had finished and after consulting with Town Attorney Larry Wolinsky, Supervisor Dolan announced that the Public Hearing will be continued on November 23. At that time, first consideration will be given to people who weren’t present at the October 26 hearing or those who had not had the opportunity to speak. Once those individuals have been heard, if there is time, other comments will be taken as long as they aren’t repetitive or redundant. Mr. Dolan requests that all speakers submit their comments in writing as quickly as possible. After the hearing is closed, the Town Board will then go to work on the project conducting a number of workshops with the Town Attorney, the Town Planner and the Town Engineer as well as the applicant. These workshops will be open to the public although there may not be any public comment period.

*A more detailed account of the Public Hearing, including many statements in their entirety, will posted as soon as possible

Agenda for Town Board Meeting October 26, 2009

Call to Order
Pledge of Allegiance
Public Comments on Agenda Items

Regular Meeting

Resolution to Introduce Local Law Entitled “Tuxedo Reserve Rezoning”
Resolution to Authorize Town Counsel to Defend Town in Certiorari Proceedings
Any other business as may come before the Board after this Agenda is posted

Budget Transfers
Vouchers

Public Hearings

2010 Preliminary Budget
2010 Hamlet Sewer
Local Law Entitled “Amendments to Local Law No. 4A of 1998”
Tuxedo Reserve Proposed Special Permit and Preliminary Plan Amendments for
Tuxedo Reserve and Proposed Rezoning for Tuxedo Reserve

Adjournment

Town Board to Hold Public Hearing on Zoning Code Amendment Pertaining to Tuxedo Reserve

Click here for download the PDF.

Town Board Meeting October 13, 2009

The Town Board met on Tuesday, October 13, 2009 at 7:30 pm. Councilman Castricone was absent.

The meeting began with a moment of silence for Edward McCaffrey, former Tuxedo Park Police Chief who died recently.

The first order of business was a continuation of the Public Hearing on a local law entitled “Signs.” There was no one present to comment. Councilman Phelps stated that the maximum sign area was being changed from 12 square feet (as stated in the law) to 55 square feet after comments made at the first hearing. The public hearing was then closed.

Public Comments on Agenda Items:
Mary Graetzer requested that the Board move the October 26 Public Hearing on the Tuxedo Reserve amendments on to a larger venue ( other than the Town Hall) due to an anticipated large turnout. Mrs. Graetzer noted that when the Town Hall gets crowded, overflow ends up in the hallway leading from the meeting room and people who are standing there cannot hear what is happening at the meeting. She also noted that since the Board has scheduled two other public hearings for the same night, one on the Preliminary Budget and one on a zoning change, there might be a large number of people in attendance. The Supervisor expressed reluctance to change the venue , but because the other members of the Board expressed support for the idea, it was decided to pursue other venues.

Town Supervisor/Town Board Update:
Supervisor Dolan stated that the Building Inspector would be meeting.with a representative of the Department of Health at the train station on Wednesday. At issue is the fact that the newly renovated kitchen does not qualify as a commercial kitchen and the business approved by the board to occupy the space needs a kitchen. Tom Salierno, head of the construction on the train station, as well as the Town Building Inspector were also involved in the meeting.

There will be a Pancake Breakfast on Sunday, October 18th from 9 am to 2 pm to benefit Lou DeBrino and family.

The 2010 Tentative Budget was filed on September 30, 2009.

Movie night at the Powerhouse is scheduled for Friday, October 16th at 7 pm. The cost is $10 per family.

The following resolutions were then passed:

A Resolution to adopt the Local Law entitled “Signs”
A Resolution to schedule a Public hearing on the 2010 Preliminary Budget for October 26 immediately following the public hearing the Tuxedo Reserve amendments to the Special Permit
A Resolution to schedule a Public Hearing on a Local Law entitled “Amendment to Local Law 4A of 1998 for October 26 immediately following the hearing on the budget. Unfortunately, this law has not been available for public consumption yet. It was briefly explained that when Tuxedo Reserve was granted their original Special Permit, they were “grandfathered” in the zoning law. This law will expand the conditions of the grandfathering to cover the new mix of housing in the amendments that Tuxedo Reserve is now proposing.
A Resolution to appoint John Radder and David Salembier as Part-Time Police Dispatchers
A Resolution to grant a Special Sign Permit for a Historical Society Event to be held at the Powerhouse on October 24, 2009. The signs will consist of directional arrows.
A Resolution to grant a Special Sign Permit for the Craft Fair at the Eagle Valley Firehouse on November 1, 2009
A Notification that there will be a Full-Volume Siren System Test for Indian Point on October 22, 2009 between 10 and 11 am.
A Notification that United Water South Couty Sewer will be conducting “smoke testing” of the sewer system in Laurel Ridge and Clinton Woods for the next three weeks. This is an effort to improve the operation and efficiency of the system.
A Resolution authorizing Defense Appeal by Special Counsel Richard Glickel in the artitration case brought by former police officer John Tamburello against the Town.

Public Comments:
Mary Graetzer stated that she has reviewed the RFP for the train station proposals as well as the three bids that were submitted. She quoted a section of the RFP, which described the facility as having “a commercial kitchen” and stated that it was her understanding that the facility does not have one. . She further stated that given the various proposals, she was baffled as to why the Board had accepted the bid that they did. The Board responded by saying that the Building Inspector would be meeting with a representative from the Department of Health to see if the situation can be worked out. Mrs. Graetzer inquired as to why the Board had accepted a proposal, which asks for 8 parking spaces given that granting this request would mean lost revenue for the Town. She was told that the Town will not be granting 8 spaces to the applicant. Mrs. Graetzer once again expressed her dismay that all discussion of these proposals was done in Executive Session and not in public.

Agenda for Town Board Meeting October 13, 2009

Call to Order
Pledge of Allegiance

Moment of Silence and Reflection to Honor Memory of Edward McCaffrey

Public Hearing Continuation to receive public comments on local law entitled “Signs”

Minutes
Monthly Reports
Public Comments on Agenda Items

Town Supervisor/Town Board Update
Resolution to Adopt Local Law entitled “Signs”
Acknowledgment of Filing of 2010 Tentative Budget on September 30, 2009
Resolution to Schedule Public Hearing to Receive Comments on 2010 Preliminary Budget
Resolution to Introduce Local Law entitled “Amendment to Local Law #4A of 1998”
Resolution to Appoint John Radder and David Salembier as Part-Time Police Dispatchers
Resolution to Grant Special Sign Permit for Historical Society Event - 10/24/2009
Resolution to Grant Special Sign Permit for Craft Fair at Eagle Valley Firehouse - 11/01/09
Notification of Indian Point Full-Volume Siren System Test - 10/22/2009
Any other business as may come before the Board after this Agenda is posted

Public Comments
Budget Transfers
Vouchers
Adjournment