Tuxedo Park FYI | Board of Trustees

The Village Board of Trustees met on Tuesday December 23 at 7pm. All members were present.

Mayor’s Update:
Mayor Neuhauser began by thanking all those who work for the Village, including all the volunteers who serve on Village Boards, John Ledwith, Debbie Matthews, Desiree Hickey, the Police Department, the DPW, Village Court, Village attorneys. Engineers and finally the Trustees themselves, commenting that they have a great team and that she wasproud of their hard work and the great progress being made on many fronts.

She went on to thank everyone for their patience during the Thanksgiving Eve storm and announced that she would be meeting with O &R in the near future, as their response had been “less than stellar” and she found this to be unacceptable.

Finally, she announced the death of long-resident and volunteer Peter Arrighetti (sp?) who passed away a day prior. Peter was very active with the Fire Department.

Trustee Kilduff then spoke briefly about the Village’s Bond Rating AA plus, reporting that they were in compliance with the SEC bonds,.

Police Update:
As Police Chief Sanford was not present, no update was given.

DPW Update:
The guardrails on the Warwick Brook Bridge have finally been completed bringing that project to a close. The Department has been busy with leaf removal and safety training. They have also begun removing barberries from the South end of Tuxedo Lake.

Additionally, repairs to a railing on West Lake Road at the turn by Eagle Mountain Road have commenced. The Superintendent met with Engineers to discuss an upcoming Storm Water Management mitigation project on West Lake Road. The water main has been marked out so that Engineers can determine what size catch basin might be necessary.

The hope is that the project can be completed in the spring for only a few thousand dollars.

Building Department Update:
Click here to review a copy of the Building Department report for the month of December.

Trustee Goodfellow commented that there remained several properties in the Village with on-going problematic construction-related issues, specifically ineffective silt fencing, and wondered what was being done to address this.

The Building Inspector responded that he was aware of the situation and that although some efforts had been made to maintain some of these properties, they were inconsistent at best. In at least one of these cases, letters have been spent to the property owner, and copies of these were presented to the Board along with their copy of the Department Report. The specifics of one particular application as it pertained to not only this, but also some important utility related issues were then briefly discussed.

Committee Updates:
On behalf of the Utilities Committee, Trustee Guinchard reported that the Village has not made much progress on its’ quest to acquire a cell-tower and therefore, the committee will regroup and explore new options, including further investigation into boosters.

Additionally, she spoke with Orange and Rockland regarding reflectors for telephone poles and was told that it would be alright for the Village to move forward with them as long as they were in compliance with the regulations pertaining to shape, size and installation methods.

Cablevision has approved the Franchise Agreement. The Village will now be moving towards requesting grant money with which to purchase some equipment which should allow them to partner up with the Town and broadcast some of the municipal meetings live on a shared loop.

The Welcome Packet for new residents in coming along nicely. Trustee Guinchard thanked all of the department heads who have submitted their information, commenting that they were still waiting on a few submissions before the packet could be completed. Once finished, hard copies will be presented to new residents upon signing and will also be available in the Village Office. The information will be put online via the Village Website as well.

Speaking for the Environmental Committee, Trustee Goodfellow reported that Chris Doyle of Allied Biological had been present at the group’s December 15 meeting, at which time he presented several ideas regarding the various lakes proposals that will be coming forward in 2015. Eurasion Water Milfoil control and Storm Water Maintenance will be key issues in the coming year. Village Resident and Forester Brett Walker will be making a presentation to the Board on behalf of the committee at the January meeting focusing on the importance of trees and storm water management as well as the overall roll of the forest, the management thereof and how all of this pertains to the health of the Village Lakes.

The Keep Project has officially been passed over to the Infrastructure Committee. Funding is needed before the repairs can begin.

On behalf of the Infrastructure Committee, Mayor Neuhauser reported that the East Village Water Main project is moving forward slowly. They have encountered some issues with Metro North, but these are being worked on.

The Wee Wah Dam project is moving along nicely. The DEC has approved the proposed design.

The Gruterich Guard Rail project is moving forward and work on sewer and water related issues is progressing on schedule.

The committee will be prioritizing the ideas that come before them via the Strategic Plan and determining what their next steps should be.

Fire Commissioner Appointment Recommendation:
The Board voted unanimously in favor of re-appointing Charles Jones as Fire Commissioner to the Tuxedo Joint Fire District for a 5-year term.

Village Boat Club Dock Request:
On behalf of the Village Boat Club, Tom Salierno and Mike Santoianni were present to discuss the Club’s request for a dock extension. The proposed plan calls for replacing a damaged 8ft section of the dock, with a new 20ft section, which will bring the Club’s docks 12 feet further into the lake then they currently are. As per the Board’s request, the Club has installed buoys in the lake to help them ascertain what the overall visual impact will be.

Resident and Zoning Board of Appeals Chair Gary Glenn read into the record a letter of objection. As the owner of two properties, which look down on the Club from Turtle Mountain, Mr. Glenn is opposed to the expansion because he feels it will make the Club look more like a commercial marina and will be unattractive to look at. He suggested that the congested, marina type look of the Club is a detriment to his property values as they seriously inhibit the view and he implored the Board to confine the Club to its’ current footprint. He further extended an open invitation to the Board to come to his home in the Spring once the boats were back in the water so that they could more accurately judge the visual impact of what was being proposed.

In response, Mr. Santoianni argued that the existence of the Boat Club has actually increased everyone’s property values as it allows all taxpaying residents lake access whereas before, only those residents who either owned lake front property or belonged to the Tuxedo Club were able to get on the lake. He further commented that in his view, boats on the water are an attractive thing to look at.

Mr. Glynn countered that whether or not the view could be considered good or bad was in the eye of the beholder. He urged the Board to approve the necessary repairs, but to hold off on approving the expansion until they had a chance to consider the visual impact in the spring, with boats in the water.

There followed a somewhat lengthy debate on the pros and cons of the proposal as it pertains to the water levels in the Lake and what the ultimate visual impact might be.
Trustee Goodfellow commented that it was always a challenge trying to balance the needs of the community vs. those of the individual property owner. She reminded the Board that the Village Boat Club was only access to the Lake the was available to all residents, pointing out that less than 1/2 of community belongs to the Tuxedo Club and that Boat Club has become a very important facility. She further commented that the water levels in the Lake are not only unstable and unpredictable, but are also bound to remain that way for the unforeseeable future. For these reasons, she is sympathetic to the Club’s request.

Trustee Kilduff stressed that his feelings on the proposed expansion had nothing to do with his overall feelings about the Boat Club. Commenting that with the expansion, the Boat Club would have the only doc that shoots 20 feet out into the lake, he wondered what the hurry was in approving the request and suggested that they should be 100% certain that there would not be detrimental visual impacts before issuing an approval. He recommended further contemplation and also suggested that the Board of Architectural Review should be involved with the approval process.

Trustee Gluck wondered what, if any, advantage there was in granting the approval now as opposed to in the spring.

Mr. Salierno responded that the Club was looking for an approval now so that they could complete the work over the winter months in time to install the dock in the spring and give it a chance to weather so that it will match the existing docks.

The idea of vegetative screening was discussed and Mayor Neuhauser pointed out that it might be helpful for the Village to plant some evergreens around the Village Water Plant (located just behind the Club on the same property) in an effort to soften the overall look of the property from the lake. Trustee Goodfellow pointed out that this would also help to deter geese.

Building Inspector John Ledwith pointed out that the Village Code restricts both the increase in square footage and the overall number of season docks. He suggested that the Trustees were not in a position to approve the request that evening as it would require BAR approval. (Any project that creates an outward change in visual impact requires such an approval)

The 2008 legislation regarding seasonal docks on the Lakes was then discussed at some length as was the process for reviewing the request moving forward.

Mr. Santoianni suggested that referring the project to the BAR would only defer the request and that despite the delay none of the specifics of the request would change. He pointed out that he had been involved in drafting the 2008 legislation as discussed and that it did not take into account swings in the water levels. He further stated that it was not their intention to open up any sort of Village-wide review of resident docks and their compliance and that he did not want to create any sort of resentment towards the Boat Club via any such review.

After some further discussion as well some input from Village Attorney Rick Golden, it was determined that the request needed to be referred to the BAR and that the Club would need to make a formal application with that Board.

Public Comments:
Paola Tocci commented that the pothole situation on Lookout Road was pretty severe and requested that the Village take a look at it as soon as possible.

She went on to talk about drones and their effectiveness in terms of surveying property and site planning in general. Commenting that she respected the Village’s anti-drone law as it pertains to resident privacy, she suggested that perhaps an exception could be written in for building purposes to be supervised by both the Planning Board and the BAR.

The Board was largely in agreement, although Trustee Guichard pointed out that drone regulation was under the jurisdiction of the FAA. It was agreed that the idea would be explored.

Tom Salierno inquired about a truck that has been parked in the turn-around outside the South Gate for almost 4 weeks, commenting that he had reported it to the Gate and had been told that because it was Town Property there was nothing they could do. When he called the Town Police, he was told that they were aware of the situation. He expressed some concern about the DPW’s ability to turn large vehicles around there with the abandoned truck parked as it is. It was agreed that the Board would look further into the situation.

Proposed Drafts of Local Laws:
Draft Legislation for Local Law Introductory 1 thru 3 was presented and briefly discussed. Attorney Golden explained the following as it pertained to each law.

Local Law Introductory No 1 – Building Permits: SEQRA is not required, however the legislation will have to go to the County Department of Planning for approval. Also, the Town of Tuxedo must be notified of the Public Hearing.

Local Law Introductory No. 2 – Aircraft & Photography: SEQRA is not required, nor is County Planning Department approval.

Local Law No. 3 – Gates Access - SEQRA is not required, however the legislation will have to go to the County Department of Planning for approval. Also, the Town of Tuxedo must be notified of the Public Hearing.

Copies of all three laws can be found on the Village Website or by clicking here.

A motion to set the public hearings for January 28 was made and unanimously adopted.
It was agreed that the Village would reach out to the Local Real Estate firms to make them aware of the hearings.

Other Business:
The Board voted unanimously in favor of approving Longevity Stipends for Debbie Matthews and John Ledwith in the amount of $2,500 each.

1. Call to Order
2. Pledge of Allegiance
3. Mayor's Update
4. Police Update
5. DPW Update
6. Building Department Update
7. Committee Updates
8. Public Comments
a. Speakers must sign in and are limited to 5 minutes per topic.
b. Written comments must be submitted by 4pm on the day prior to the meeting.
9. Fire Commissioner Appointment Recommendation
10. Village Boat Club Dock Request
11. Proposed Drafts of Local Laws
12. Approve BOT Minutes (10/28/14, 11/12/14, & 11/25/14)
13. Audit of Claims
14. Adjournment

The Village Board of Trustees met on Tuesday, November 25, 2014. All members were present.

Mayor’s Update:
Mayor Neuhauser began by announcing that there would a memorial service for former Mayor and longtime Village resident Penny Rogers at the Tuxedo Club on Saturday, November 29 from 4-6:30pm.

The DEC has awarded the Village 50 deer culling tags and culling operations will resume ASAP.

Sadly, longtime Village resident Rita Nixon passed away about 10 days ago. The Mayor recounted her wonderful fiery spirit and commented that she would be greatly missed.

As most residents already know, Judge Onofry has reached a decision on the Causeway Wall last week. The decision in its entirety along with a synopsis thereof was posted to the Village website on Thursday November 20. Any further information will be communicated to the residents as it becomes available.

Finally, the Mayor participated in her first county-wide storm preparedness conference call earlier in the day, which she found to be informative. Storm duration, tract and potential snowfall amounts were discussed during the call.

Police Update:
Chief Sanford was not present, so a monthly report was not given.

The Board voted unanimously in favor of appointing two new part-time traffic Guards (Richard Hally of Monroe and Laura Gannon of Southfields) pending drug and background check results.

DPW Update:
As Superintendent Voss was not present, an update was not given.

Building Department Update:
Click here to view a copy of the Building Department report for the month of November.

Resolution – Land Dedication for Keating:
Prior to putting forward the motion, Board Attorney Rick Golden provided a brief history. Because of the location of their home and the adjacent undeveloped roadway, as part of their application to the Planning Board the Keatings have offered the Village a sliver of land for dedication which will be added to the roadway “to be developed” by the Keatings. The Board held a public hearing, at which there were no comments, and now they are ready to move forward and accept the dedication. Adding this sliver of land to the roadway was a provision of the Planning Board approval and was suggested by the Village Engineer. It will in turn extend the width of the roadway enough for the Keatings to widen their driveway and provide enough turning radius for emergency service vehicles.

The roadway, including the added sliver will be less than 33 feet, or 2 rods, wide and as a result the Board must understand that it is accepting a roadway of that size and must do unanimously to be in accordance with State Law.

Following some minimal discussion the Board voted unanimously in favor of accepting the dedication.

Committee Updates:
Trustee Guinchard reported that work on the Village Welcome Packet was moving along nicely. She thanked both The Mayor and the Building Inspector for submitting their letters. They are waiting for a few more things before finalizing the packet, which will be brought before the Board for comment shortly.

With regard to utilities, she reported that she and Alan Yassky were still pursuing the idea of a cell tower somewhere within the Village. Unfortunately, after investing a ton of time on the telephone they have encountered several roadblocks, but they are not giving up and intend to be persistent in their pursuit of an answer.

Some residents have suggested that reflector strips be installed on some of the telephone and/or lighting poles around the Village to help better illuminate darkened roadways. Trustee Guinchard has begun investigating this with Orange and Rockland as their coordinated permission is required and will determine what if any costs would be associated. Mayor Neuhauser suggested they install a test strip somewhere within the Village to see how effective they would be and Trustee Kilduff pointed out that there are several large ones already installed along South Gate Road and that they are quite effective.

With regard to The Keep, Tom Salierno reported having toured the building, where he found no visible signs of leakage. The temporary roof repair seems to be holding up. He cautioned however that this did not mean that water was not infiltrating through the stone, but reiterated that there was nothing visible on the interior of the building although there is some leakage on the porch, but this is not considered to be a problem. Trustee Goodfellow added that fortunately, the building had not had to endure any dramatic weather events over the course of the last year. Now, it is simply waiting for attention. She believes it should be added the list of engineering infrastructure issues to be followed through on.

On behalf of the Environmental Committee, Trustee Goodfellow commented that there has been a lot going on. The DPW has been investigating some alternatives for keeping the roadways de-iced by using products that are more environmentally friendly than the sodium currently used. Additionally, they have been mulching all of the lawns that they mow, which is a really well regarded and promoted methodology for leaving lawns in place, alleviating the need for fertilizer. Superintendent Voss is also looking into acquiring some blades for the mower, which will allow them to mulch the leaves and leave them in place. In addition to being environmentally friendly, this practice would also be an economically friendly one for the Village. The hope is that the Village can ultimately begin to move forward with some demonstration practices that will be inspiring to resident s.

During the month of December the committee will meet to review the specific recommendations for the Village Lakes in the year ahead. They are also in the planning stages of bringing in several speakers, one of whom might be Dr. Greg Boyer, an internationally recognized fresh waster researcher who has spent the last twenty years investigating blue/green algae. Also, the head of Lower Hudson PRISM, Dr. Roleder, will conduct a strolling seminar in the spring for residents who might be interested in learning how to identify some invasive species. Additionally, there are some residents who are going to be doing some very interesting work on their properties who have agreed to work to make these landscaping practices available to community via show-and-tells. The Eurasian Water Milfoil Project, which has been ongoing for three years now, will also be evaluated in terms of its progress and how it should move forward.

The Infrastructure committee continues to follow up on its long list of projects and will be taking a closer look at the threads of projects initiated years ago in order to better determine what should be included in the Strategic Plan.

With regard to the WeeWah Dam, the Village is in receipt of a letter from the Department of Health stating that they have approved the plan for relocating the water main and Village Engineers Westin and Sampson believe that “the stars are aligning nicely” at the State level, where they actually approve the dam plans. There is an additional approval that will need to be obtained from the local office, which will green-light the plan for how the Village deals with the fish in the lake during construction. Westin and Sampson is working on this.

Public Comments:
Admitting that she had not had time to thoroughly review the Judge Onofry’s decision regarding the Causeway Wall, Michelle Lindsay cautioned the Board that they should take their time in order to ensure not to create a permanent problem by setting a precedent down the road. She further commented that her husband, Jake Lindsay, believed he had a temporary solution that he would be happy to discuss with the Board if interested.

Mrs. Lindsay then reported that the previous Sunday the Sterling Forest Partnership had hosted a work session at the Tuxedo Park Library in order to help residents better understand the DEIS (Draft Environmental Impact Statement) for the Sterling Forest Casino and more specifically to pull together their thoughts for Public Comment. The Public Hearing on the DEIS will be held on December 4 in the High School Auditorium. On Monday December 1, the Partnership will be hosting several environmental consultants from 7-9 pm at the Train Station. Mrs. Lindsay encourages all residents to attend, whether they are for or against the project. She pointed out that there are a plethora of environmental issues that surround the application, which people need to be made aware of so that they can be discussed and the Town properly protected. For example, the current design for the Thruway interchange/exit 15B does not support truck traffic. According to Mrs. Lindsay, if approved as is, all trucks traveling to the resort will be routed through town via Route 17. At the Town Board meeting the previous evening, a request was made that the public comment period be extended until January because of the Holidays, however due to the aggressive timeline for the project, it is doubtful that this request will be granted.

Mayor Neuhauser stated that she felt that at this point, the siting committee really needed to make their decision and that she had read that this was expected to happen at the panel’s final meeting on December 17.

Mrs. Lindsay pointed out that the project seemed to be zooming ahead, yet there had been no environmental review for the proposed Thruway exit, which she believes to be a major problem.

Dena Steele suggested that the applicant does not consider this review to be necessary because of the previous approval the exit received in the 1980s. They feel the review can be segmented.

Mr. Golden agreed with this and further stated that this issue would likely be challenged in court and left for a Judge to decide.

Mrs. Lindsay then inquired about the Village’s process for evaluating the DEIS and making sure that those issues that had been included in the Scoping Document on the Village’s behalf were adequately addressed.

Mayor Neuhauswer responded that the Board had asked Mr. Golden to this and Mr. Golden in turn acknowledged this and commented that he planned to work on it over the Holiday weekend and would issue a memo next week.

Next, Mrs. Lindsay brought up the issue of the Town Budget, commenting that it had recently come to light that for some time the Town had been charging both the A fund (encompassing both the Town and the Village) and the B fund (only the Town) court fees, but court revenue was returned only to the B fund. As a result, Village residents will see a reduction in taxes in the coming year. Mrs. Lindsay wanted to know if it was possible to determine how long the funds had been misdirected and whether or not the Village was due further tax breaks or reimbursement of some kind.

Mr. Golden responded that he was not 100% sure, but he believed that the law allowed for a limitation period during which the situation could be addressed and rectified. He believes that period is a somewhat short one, possibly a year, and suggested that it was unlikely that the Village would receive reimbursement for years prior, but agreed to look into it further.
Dena Steele commented that she understood why Mrs. Lindsay had cautioned the Board to take their time with the Causeway Wall, but stated that she believed there were many residents who would like to see the situation resolved as soon as possible. She wondered whether or not there were any deadlines in the near future that would keep the progress on track.

Mr. Golden further explained that the courts had dwindled the suit down to the issue of ownership, dismissing all of the other issues. A pre trial/settlement conference has been set for January 7 at which time the court will ask both parties if they have or would like to explore a settlement and will also lay out a schedule for the remainder of the case. If the case moves forward, the Judge will set a hearing date, at which both parties will be required to set forth proof, after which the Judge will render a decision. Should he determine that the Village owns the wall, then the Village has the responsibility to take on the maintenance and repair of the wall and can do so, making sure not to damage Ms. Booth’s property. Should it be determined that Ms. Booth is the owner, then she would be required to repair the wall in accordance with the plan that the Village put forth, which entails taking down the wall and then building it back up again. Regardless of who owns the wall, it has been determined that it is need of the repairs.

Tom Salierno inquired about the deer culling initiative. First, he wanted to know where the deer went after they had been culled.

Mr. Salierno responded that he had heard that some of them had ended up in dumpsters and Mayor Neuhauser responded that she had a very hard time believing this.

Mr. Salierno further wondered whether the Village was trying to eliminate all of the deer.

The Mayor commented that she did not think that would be possible. She further stated that she believed they were seeing far less damage than they used to and fewer cases of Lyme disease. People are starting to realize that mice and squirrels and chipmunks are also harboring ticks. The next step is to try and eradicate the barberry and the bamboo.
She noted that she had spent a lot of time with the officers who were responsible for the culling and that they took their job very seriously and nobody involved with the process wanted to see the carcasses disposed of in dumpsters.

Meg Vaught commented that she hardly ever saw deer in the Village anymore. She wondered if there would be any merit in reverting to a maintenance program that involved local hunters. She further stated that she had heard that the deer from the surrounding areas were migrating towards the bait used in the culling and that as a result, there were hardly any deer left to hunt.

Trustee Goodfellow responded that the Village would not be reverting to a maintenance program. She pointed out that unlike bears, female deer can become pregnant at 6 months and that because of this, without any natural predators the population can explode very quickly. One of the biggest issues in the Village is the destruction caused by the deer to the understory. Not only had this created problems for a lot of other animals but it has also created a problem because it has allowed invasive plants to thrive. Because of this, it is very important that the deer population be brought down and maintained. Every year an assessment is done to determine the rough number of deer within the Village and then the DEC issues tags based on those numbers. This means that hunters have to work a little harder.

Mr. Salierno commented that he had been in the woods 6 times of the course of the last 10 days and had not seen a single deer. He pointed out that there were in fact natural predators out there in the form of coyotes.

Trustee Goodfellow replied that the count had been done and that the DEC had issued the permit based on those numbers. She suggested that deer had their own routes and that these things changed over time. She does not believe that deer from other areas are migrating towards the bait. While undeniably reduced in number, there are still deer out there. In order for the Village to look toward some kind of serious forest restoration, there really needs to be somewhere around 12 deer per square mile. This means that it will indeed become a rare treat to see a deer.

Trustee Guinchard pointed out that there were also safety issues involved as there had been a number of bad car accidents involving deer.

Resolution – O.C. Tax Exemption on Water Parcel 13-3-12 Located in the Town of Tuxedo:
The Board voted unanimously in favor of requesting from Orange County exemption of county taxes on the Village water facilities located in the Town of Tuxedo on Mountain Road.

Village Boat Club Dock Request:
On behalf of the Village Boat Club Tom Salierno was present to discuss the Club’s request to remove and replace a rotted section of walkway and docking. As he explained it, the new cedar section would total 20 feet, with 8 of those feet on shore and 12 in the water. This will push the entire docking configuration 12 feet further into the lake.

Several of the Trustees expressed their concern with the overall asthetics and specifically whether or not the docks would become more visible to neighbors if extended by 12 feet.
Although Mr. Salierno does not believe this will be the case as there will be no changes to the overall configuration, it was agreed that the neighbors should be notified of the plan and given the opportunity to comment.

Trustee Kilduff pointed out that the Tuxedo Club had been asked to stake out their docks prior to installation and it was suggested that the same thing should be done here.

Mayor Neuhauser wondered whether or not the Boat Club would be looking to install additional finger docks down the line once they had extended into deeper waters.

Trustee Gluck wondered what the procedure would be for making a decision once they had heard from the neighbors, and specifically whether or not that decision would be or should be based on those comments.

It was agreed that the visual impact should be evaluated and that using floaters to stake out the area would be the best method for this.

Mr. Golden wondered whether or not a project of this nature required a Building Permit and if so, whether it would need to go before the Board of Architectural Review. Additionally, he wondered whether it was subject to SEQRA or needed to go before the County Planning Department.

After reviewing a Village map, Mr. Golden determined that County Planning approval would not be necessary.

Building Inspector Ledwith stated that typically all docks were subject to approval by the Board of Architectural Review.

Mr. Salierno expressed some minor frustration with this, commenting that he when he had brought their previous dock project before the BAR, Mr. Ledwith had informed him that he needed to bring it to the Board of Trustees, which is why he had brought the current request to that Board.

Trustee Guinchard pointed out that two of the Board members were also Boat Club members and wondered whether or not this would have any impact on their ability to vote.
Mr. Golden explained that it would not as neither of the Trustees in question stood to gain financially from the decision.

Following further lengthy discussion, during which the need to both involve the neighbors and conduct a visual impact test was reiterated several times, it was agreed that the Club would need to make an application to the BAR and that the discussion would be continued at a later date.

Weston & Sampson – Request for Amendment to East Village Water Main Upgrade Proposal:
Village Engineers Weston & Sampson has adjusted their request for additional funding for the East Village water main upgrade proposal. Following a fairly brief discussion, the Board voted unanimously in favor of granting their request for additional funding to cover the cost of soil borings and associated additional engineering fees in an amount not to exceed $18,500.

Department of Labor DPW Violation:
Following a surprise visit from the Department of Labor last month, the DPW was sited as being violation as they did not have a policy in place for workplace violence. Upon further investigation, Mr. Golden discovered that such a policy is only necessary when the number of employees totals 20 or more and seeing as the DPW only employs 18, the violation is unwarranted. Regardless, he drafted a policy for the Board to consider, which defines violence as it pertains to the workplace and outlines the mechanism for reporting any such incidents. Following some minimal discussion, the Board voted in favor of presenting the policy to the Department of Labor.

Draft Village Code Revisions:
Following several months of review and hard work, Trustees Guinchard and Gluck, with the assistance of Mr. Golden, have put together several suggested revisions to the Village Code. Three of these revisions were presented and discussed and the Board voted unanimously in favor of putting them forward as Introductory Local Laws for public review.
The first proposed revision relates to building permit approval and the timeline for project completion.

Currently, the Board of Trustees is required to sign off on every Building Permit after they have been approved by the Board of Architectural Review. Under the proposed revision, approval form the Board of Trustees will no longer be necessary.

Once a building permit has been issued, an applicant has a period of 18 months to complete the work after which they can file for up to 2 6-month extensions, bringing the total time allotted for project completion (worst case scenario) to 30 months. The new provision would give the Building Inspector responsibility for issuing the extensions and require that a discussion outlining plans for project completion take place when they are issued.

Additionally, projects without any substantial progress for a period of 12 months would be subject to revocation of their building permit. As an addendum to the Local Law, a resolution increasing not only the extension fees (which will hopefully provide incentive for speedy project completion) but violation penalties as well will be considered.

The second proposed revision focuses on the use of drones and limited ground-based photography/imagery related to the sale of property within the Village. Currently the code forbids all such practices. Creating a balance that regulates what is allowed based on the Federal and FAA regulations while also respecting the Village’s emphasis on privacy will allow for more successful marketing of real estate within the community.

The Third proposed revision would restrict access to the Village via the South Gate to tagged vehicles and special services only. With very few exceptions, all trucks including all landscapers and deliveries would be routed through the front gate as would all other untagged vehicles. This would allow for tighter security and also more prudent screening of what is being brought into the Village (i.e. dirt and construction material)

Finally, Trustee Goodfellow inquired about the process involved with enacting legislation that will allow the Village to raise taxes above the specified cap.

Trustee Gluck wondered if it might be premature to introduced this prior to the commencement of the budgeting process.

Trustee Goodfellow responded that by the time they had discovered that they did not have enough money for the operating budget last year, it had been two late to enact the necessary law. She cannot believe that expenses are going to go down. That being said, just because they put the law in place, does not mean they will have to use it. It will, however, provide a safety net in case a heftier tax increase is necessary,

It was agreed that Mr. Golden would put something together for review at the next meeting.

1. Call to Order
2. Pledge of Allegiance
3. Mayor's Update
4. Police Update
a. Resolution - Appoint two Traffic Guards (Pending Drug/Background Check Results)
5. DPW Update
6. Building Department Update
7. Committee Updates
8. Public Comments
a. Speakers must sign in and are limited to 5 minutes per topic.
b. Written comments must be submitted by 4pm on the day prior to the meeting.
9. Resolution - Land Dedication for Keating
10. Resolution - O.C. Tax Exemption on Water Parcel 13-3-12 Located in the Town of Tuxedo
11. Village Boat Club Dock Request
12. Draft Village Code Revisions
13. Audit of Claims
14. Adjournment

SUMMARY: New York Supreme Court Justice Onofry has issued a decision in the Cindy Booth v. Village of Tuxedo Park litigation. As you know, this litigation concerns various issues surrounding the Causeway Wall, including the determination that the wall needs to be repaired, and the responsibility for such maintenance and repair. This is the matter that previously resulted in an order granting Ms. Booth’s request for a temporary restraining order preventing the Village from performing any remedial work on the wall or from entering on her adjacent property.

In summary, the Court granted the Village’s motion to dismiss Ms. Booth’s lawsuit in many respects, upholding the Board of Trustees’ prior determinations as to the safety issues presented by the wall, the proposed dismantling and rebuilding remedy to address the safety issues and the appropriateness of its actions under SEQRA and the Village Code. However, the Court found that there are issues of fact regarding the ownership of the wall that must be resolved in further proceedings. Pending such resolution, the Court granted Ms. Booth her request for a preliminary injunction for no further work to proceed on repairing the wall. The preliminary injunction is subject to the posting of a bond by Ms. Booth in an amount to be determined by the Court.

The decision is lengthy and the Village is reviewing it with its counsel with a view to how this matter can best be resolved. Click hereto view the decision

VILLAGE OF TUXEDO PARK
NOTICE OF PUBLIC HEARING ON THE PROPOSED OFFER OF DEDICATION OF A PORTION OF PROPERTY TO THE VILLAGE OF TUXEDO PARK FOR THE WIDENING OF AN EXISTING VILLAGE ROADWAY

PLEASE TAKE NOTICE that on Wednesday, the 12th day ofNovember 2014, at 9:00a.m., or as soon thereafter as the matter can be heard, there will be a Public Hearing before a special meeting of the Board of Trustees of the Village of Tuxedo Park, New York, at the Village Hall of the Village of Tuxedo Park, located at 80 Lorillard Road, Tuxedo Park New York, concerning the offer of dedication of property for the widening of Cliff Road, an existing Village roadway within the Village of Tuxedo Park. The purpose of the public hearing is to receive public input on the Board of Trustees' intent to accept the offer of dedication. After hearing from the public the Board of Trustees will determine whether or not to accept the actual conveyance of the above-described property. The Offer of Dedication and supporting documents more particularly describing the course and limits of the offer will be available for public review at the Village Clerk's office during the Village's normal office hours

The Village Board of Trustees met on Tuesday, October 28. All members were present.

Lake Presentation – Allied Biological/Chris Doyle:
The meeting began with a lakes presentation from Chris Doyle of Allied Biological. The presentation consisted of a slide show encompassing the Village’s accomplishments in Lake Management thus far, an analysis of the current situation and an itemized priority list for moving forward.

The Village has done a great many things over the course of the past year in an effort to effectively study and manage the lakes in as cost effective a manner as possible. Some of these include:

A brief analysis of the phytoplankton and zooplankton study results for Tuxedo Lake was presented. In brief, while overall phytoplankton levels are considered to be moderate, the lake has a lot of blue/green algae on a year-round basis, which is not necessarily typical. In looking at the zooplankton group distribution (zooplankton are microscopic organisms that feet on the phytoplankton) a sharp decline was noted over the summer months until there were virtually none during the month of August. This is not good.

Total suspended solids were tested for a number of times and were detected on 2 dates, however Mr. Doyle advised that this is not unusual and that in his view, further sampling of this nature would not be necessary.

Several slides depicting various types of algae and invasive aquatic plants were then presented. Of particular note was a slide depicting Trophic Imbalance, which has been evident in the Wee Wah Lake in form of bright green, milky algae, which looks almost like an oil spill. Eurasian Water Milfoil also appears to be a more prominent issue in the smaller lakes.

Mr. Doyle cautioned that all three Village lakes were “very different basins” and therefore needed to be managed differently.
A list of Lake Management priorities for 2015 was then put forth as follows:

Following the presentation of this list, Mr. Doyle opened the floor for questions.
Kathy Norris inquired about the blue/green algae levels in Tuxedo Lake and specifically whether or not the algae was a neurotoxin and cancerous.

Mr. Doyle responded that it was not cancerous, although it had been known to cause skin rashes and in some cases neurological issues.

Ms. Norris commented that the city of Toledo had closed their water supply because of health safety concerns stemming from the abundance of Blue/Green algae there.

Mr. Doyle confirmed that this was true and further commented that the mid-west region of this country seems to have a much bigger problem with these types of algae blooms. The presence of Blue/Green Algae in Tuxedo Lake is the reason the Village uses copper sulfate to treat the water. Historically, the Village timed these treatments on the visual appearance of the water, however these days they are able to time them based on scientific data, which is a good thing.

When asked if copper sulfate treatments were only used in Tuxedo Lake and if so why, Trustee Goodfellow explained that the treatments were only used in Tuxedo Lake because they contain heavy metal, which falls to the bottom of the lake and stays there, creating a brown field. Tuxedo Lake is fairly deep and this brown field won’t have an adverse effect on anyone’s health however, the Wee Wah and Pond #3 are much shallower and people are swimming in them, which is cause for concern with this kind of treatment.

Mr. Doyle added that there are some other, safer products available but they are costly and not known to be as effective. A permitting process would also be required.

Howard Shore wondered if there might be a way to create a healthy environment with fish eating the algae as a way to control the problem.

Mr. Doyle responded that yes, biomanipulation was a possible method of management, however before embarking on this a fish study should be done in order to determine what the existing conditions are.

Mr. Shore wanted to know why the Village was not more aggressively pursuing this route, commenting that it made more sense to him to create a natural balance.

Mr. Doyle cautioned that biomanipulation was not something that should be done in a “willy nilly” sort of way and that a thorough study should be undertaken first as there are a number of factors contributing to the present situation within the lakes.

Trustee Goodfellow concurred, stating that people’s property maintenance practices (fertilizers and pesticides) are a major factor in feeding the algae problem, and not just those properties on the lakes. The Village’s storm water management plan also needs to be reviewed and possibly altered as currently virtually everything winds up in the water.
Howard Shore agreed, stating that he felt the Village must find a way to prevent this from happening. He then inquired as to what was the theory behind lowering and raising the level of the Wee Wah Lake, which is an obvious shock to that environment.

Trustee Goodfellow responded that the Wee Wah Dam was in disrepair and necessitated the lowering of that lake. This is a long-term problem, stretching over many years and administrations. The process has been an arduous one, but the funds have been secured and the plans currently sit before the DEC.

Mr. Shore pointed out that the constant lowering of the lake has been the major contributing factor to the poor conditions there and that the Village was now putting a band-aid on a situation they had created themselves.

Trustee Kilduff agreed, commenting that his involvement in this particular Village project had been a real “welcome to Government” moment for him. The engineering process has been both lengthy and tedious.

Trustee Goodfellow stated that the Village has never had any sort of long range plan for its failing infrastructure. With new administrations coming to power every voting cycle, the situation has only become worse, as no plan is being followed. She feels that they must develop and implement a long-term plan for dealing with this and a plethora of other issues.
The Mayor agreed and stated that they had put together a committee that was meeting on a monthly basis and was committed to “holding the engineer’s feet to the fire” and moving these projects forward.

Mr. Shore suggested that engineers needed to be held accountable and suggested that the Village should go ahead and do the necessary work on the dam regardless of DEC approval. “Let them sue us” he stated. “We need to create a healthy environment.”
Bringing the subject back to fish, Trustee Guinchard wondered whether there were certain species that should be put in the water and whether or not fish stocking would be an economically viable, quick way to get things going.

Mr. Doyle replied that stocking large fish to eat the alewives would be important, but again he cautioned that conducting a proper study prior to stocking the lake would be both beneficial and important. Although there are a lot of papers that suggest that biomanipulation is an effective method of management, he does not believe it will solve the issues in Tuxedo Lake. As there are many things occurring in conjunction with one another there. Biomanipulation might work extremely well in a one-acre pond, but a 292-acre lake is an entirely different story. The Blue/Green algae is a major problem. There are a lot of studies that suggest that phytoplankton won’t eat it. While fish stocking won’t harm the lake, he believes that there probably would not be a notable difference as a result and it could take anywhere from 5-10 years before any result would come of it.

Mayor Neuhauser wondered how much money the Village would have to spend on fish in order for stocking to effective.

Mr. Doyle responded that the cost could be as much as $100,000. He reiterated the need for a fish study, which would provide them with the necessary baseline information.

Kathy Norris stated that a representative of the DEC had informed her that 500 fish per acre would be needed.

Mr. Doyle concurred, suggesting that 500 times 290 was A LOT of fish and that it would be important for the Village to know how many fish were already in the lake before they decided to put that many more in.

Trustee Guinchard inquired as to how much the fishery study would cost the Village and what specifically it entailed.

Mr. Doyle explained that the study consisted of two parts, electro-fishing and netting and that the total cost would be somewhere between $10-15,000.

Trustee Guinchard further inquired about timing for the study and specifically whether or not water temperature was a factor. She also wanted to know how long the study would take to complete.

Mr. Doyle informed her that timing was a factor. Typically, electro-fishing is done in either the fall or the spring and netting in the summer. It is important to avoid spawning. There is a permitting process involved.

Trustee Kilduff asked how long it would take to get the results once the study and been completed and was told that ultimately this would depend on Allied’s workload, but generally results could be expected within 90 days.

Trustee Guinchard wondered how long it would take for the Village to acquire the necessary permits and Mr. Doyle informed her that it would take 4-6 weeks. At this point, if the Village chooses to move forward with the study, they would be looking at testing during spring/summer 2015 with results by the year’s end.

An audience member wondered whether or not any of these studies included an analysis of what was flowing into the lakes, commenting that this could be very helpful in ultimately identifying what was feeding the Blue/Green algae.

Mr. Doyle responded that they did not, but that a study of this nature could be done. That being said, he further commented that he believed the problem was more an internal/recycling issue within the lake and that, in his view; a study of this nature was not necessarily a priority at this time.

Speaking on behalf of the Tuxedo Club, Tom McKay noted that Goose Control was the number one priority on Mr. Doyle’s list. As geese are known to congregate on the Club’s lawn, they recently purchased a Border Collie who spent time there on an on/off basis over the summer chasing the pests away. As a result, they noticed that when the dog was present the geese would leave, but when she was gone, they returned. As it turns out, the Collie ended up giving birth to a puppy and now the Club has 2 dogs, which will allow them to keep one in permanent residence. They are hopeful that this will help with the problem.
Sally Sonne pointed out that when the collie chases the geese off the Club’s property, they simply move on to another lake front property and therefore, the problem is not being abated but rather shifted to different locals around the lake.

Mr. Doyle agreed with this assessment, but also stated that having the collie was a good start. There are many things that can be done in terms of goose control such as fences, plantings and “goose round-up” (a nice way to say kill them off)
Michele Lindsay asked if the Village could implement an immediate ban on pesticides, fertilizers and land stripping. She also wondered if vegetative buffers could be required on certain properties. She feels that many people don’t truly view Tuxedo Lake as a reservoir and pointed out that it is not only the lake front properties that are effecting the water t as everything feeds into the storm water drainage and ultimately ends up in the lake.

Mayor Neuhauser agreed that people do not seem to consider the lake as a reservoir and stated that she believed the Village needed to take a stronger stance by always referring to it as such.

Trustee Goodfellow concurred, commenting that it was important that they begin to look at the Village as a watershed and evaluate what the best management practices should be. Getting more residents interested and involved in this effort is key and she recognized both Elizabeth Cotnoir and forester, Brett Walker as two such residents who had recently become much more involved. People need to be more aware of what is going on. She went on to say that in addition to the Lakes, there is also a tremendous problem in this area with terrestrial invasives, such as “mile-a-minute weed” which may have recently been detected on a property in the Village. This weed can grow up to 6 inches in a day!

Brett Walker, who works as a forester at West Point, concurred, commenting that managing invasives should be a priority for the Village. Thankfully, once detected, mile-a-minute weed can be controlled but he cautioned that there are other invasive species here, such as barberry for example, which are contributing to larger problems. Barberry harbors mice, which serve as a breeding ground for ticks. The number of ticks in this community correlates directly with the high volume of Lyme disease here.

Bringing the subject back to fish once again, Kathy Norris stated that Peter Van Zandt had privately raised the funds for the purchase of a large number of brown trout, which are known to eat “the bad herring.” The Tuxedo Club, in turn, has received a permit from the DEC for stocking. Ms. Norris wondered whether or not Mr. Doyle or the Board had any objections to this.

Mr. Doyle responded that ultimately, approval for this was in the hands of the Board but that he had no objections. He cautioned however, that it probably would not disrupt what was occurring in the Lake and that unless other management practices were undertaken at the same time, they might never see the shift they were hoping for. He further wondered whether or not there were any limits/restrictions on people fishing them out.

Mr. Van Zandt responded that people were in fact able to fish them out to which Mr. Doyle suggested that a limit should be imposed otherwise the stocking would be counter-productive. If fish are being introduced for the purpose of manipulating the environment, they should not subsequently be removed from that environment.

Elizabeth Cotnoir agreed, wondering if those people who had donated funds for the fish had been donating their money to help rectify the problem or to feed sport.

Mr. McKay pointed out that there was also a pair of Eagles living on the Lake and that they too were taking fish out of the water.

Mr. Van Zandt agreed commenting that he understood that it would take 5-6 years before they could expect to see any results from stocking the lake.

Mr. Doyle countered that if people were removing the fish on a regular basis, this projection was probably not accurate.

Dena Steele suggested that they needed to be very careful when manipulating nature as everything was connected and that altering one aspect would sure have ramifications on all the others.

Howard Shore suggested that the development and implementation of a long-term plan was crucial.

Trustee Goodfellow agreed, but cautioned that there was no “quick fix” for the issues at hand. She reiterated that with the constant turn over in administration, getting such plan together and off the ground had been a struggle to say the least.

Mr. Shore responded that he understood this but that implementing a plan was key.
Mayor Neuhauser agreed and further stated that people needed to understand that the Village would need to spend money in order to effectively manage the issue. She thanked Trustee Goodfellow for her passion and dedication to the lakes, which has kept things moving forward thus far. Steps are being taken in right direction, albeit baby steps. The commitment of community volunteers is a crucial key to success.

Trustee Kilduff echoed these sentiments commenting that the Village had spent a ton of money on this issue thus far (in the face of criticism from residents who did not believe it necessary) and that they would continue to ramp up spending moving forward.

The Mayor again suggested that they should focus more intently on referring to Tuxedo Lake as the Reservoir and Trustee Kilduff wondered if it would be possible to legally change the name from Tuxedo Lake to Tuxedo Reservoir.

Board Attorney Rick Golden stated that it would certainly be possible to do so, but that they should not expect to see an immediate impact as people had been referring to it as Tuxedo Lake forever and would likely continue to do so.

An audience member thanked the Board for their efforts and suggested that neighbor to neighbor communication flow was key in motivating people to get involved with this important issue.

Mayor Neuhauser agreed and again thanked Trustee Goodfellow for all of her efforts. Trustee Goodfellow in turn thanked everyone for coming to the meeting and providing their support. She suggested that it would be great to see them all again at budget, cautioning that the Village’s current operating budget simply was not enough and that people should be prepared to spend more money on lakes management moving forward.

Mr. Doyle also thanked everyone for coming and for asking important questions. He stated that he would love to see even more people at the next meeting and that it would be the motivation of the people to take care of their environment that would actually make a difference.

Mayor’s Update:
Mayor Neuhauser began by expressing her gratitude to Denise Spalthoff at the Front Gate for the extra time she has put in over the course of the last 4 Saturdays helping residents to update their old vehicle tags. Beginning November 1, all cars displaying the old tags will be stopped on entry and this practice will continue until the tags have been updated.

Winter is coming and the Mayor reminded all residents to take a close at their properties and attempt to manage trees and limbs, particularly those close to the Village roadways.
Work on the Warwick Brook Bridge has been completed and the road has been reopened to traffic. Mayor Neuhauswer thanked the DPW for all of their hard work, commenting that the new Bridge looks great!

Police Update:
As Chief Sanford was not present, a police report was not given.

DPW Update:
Following completion of the Warwick Brook Bridge project, the DPW has been busily working to finish patching up potholes while the weather still permits. A majority of the last week was spent sucking leaves out of gutters in advance of the rain. Hydro-flushing in the Village has been completed, although it took two days longer than anticipated. They will now move on to hydro-flushing in the Town.

Trustee Kilduff inquired about a hydrant in the Town, which he had heard was problematic.
Supervisor Voss confirmed that there had been an issue with one hydrant located in the Nursery but this had been addressed. Additionally, one hydrant in the Village, located on Pepridge Road, is slated to be replaced some time next week.

Building Department Update:
Click here to view a copy of the Building Department report for the month of October.
Following a brief discussion, the Board voted unanimously in favor of refunding the performance bond for the Niblos, who have recently completed their new home construction.
Trustee Goodfellow raised the issue of faulty silt fencing, which she reported having seen on several construction sites throughout the Village. The fencing in question is un-maintained and failing and she fears it may be sending sentiment into the lake.

Building Inspector John Ledwith agreed that this was a problematic issue, noting that there are sites where the fencing is put up and taken down every day and others where is simply failing. Repeated notices on his part have resulted in temporary changes, but he has noticed that over time, the poor practices re-emerge and the problem persists.

It was suggested that one of the sites in question was the Tuxedo Club Squash Court and Tom McKay immediately responded that he would address the issue.

Possible deterrents were discussed and it was determined that aside from sending notices, a Building Inspector issued Stop Work Order was the next line of action.

Mayor Neuhauser pointed out that Trustees Gluck and Guinchard had been working with Village Attorney Rick Golden on identifying sections of the Village Code that were in need of revision and that perhaps this issue could be addressed therein. She suggested that the group would be ready to discuss 3 such revisions in November.

This aside, Dena Steele wondered if there might not be some merit to enforcing the code via Stop Work Orders, pointing out that the Village has developed the unfortunate reputation of not enforcing it’s regulations and that strict enforcement would send a clear message to contractors.

It was ultimately agreed that Mayor Neuhauser would reach out to the property owners in question via telephone the next morning and afford them 24 hours to bring their fencing into compliance before pursuing further official action.

Committee Updates:
Infrastructure Committee: With regard to the Keep, Trustee Goodfellow asked Tom Salierno if he would prepare a status report prior to departing for Florida. Mr. Salierno agreed, but stated that funding remained the major issue at hand. Replacement of the roof and remediation of water infiltration through the stonewalls remain costly undertakings. Windows were briefly discussed. Mr. Salierno will pull all the numbers together and send a report to the Board for their review.

Trustee Goodfellow stared that she felt it was painful to watch the historic building fall into deterioration and that managing repairs such as this is all part of getting together an effective Strategic Plan. The list of “important issues” from the community has been shared with all of the department heads, and things are starting to come together.

Environmental Committee: Trustee Goodfellow and Mayor Neuhauser recently met with a Dr. Slater at Rutgers and a Storm Water Management Study will soon be underway. In the meantime, Trustee Goodfellow remains very concerned about the Mulch Pile. Specifically, she wonders what is currently on site. In addition to dirt piles, it has come to light that Perfect Cut was bringing in material dredged from the bottom of the Hudson River. The Town government has been less than forthright with regard to the process of shutting the operation down and Trustee Goodfellow would like to know what right’s the Village has in terms of figuring out exactly what is going on and what it is within their purview to protect.

Board Attorney Rick Golden responded that the Village had no control over the site and that in order to take any sort of action against the operation, they would need to be able to prove that harm has been committed, which is hard to do. He advised that they do have the right to know what is going on there and suggested that they reach out tot he Town Supervisor to open a dialogue in this regard. They can always request a meeting with the DEC as well.
Trustee Goodfellow also voiced some concern over the Tuxedo Farms project, commenting that work has begun on the site. Specifically, she wondered whether or not the conversation donut around the Village, negotiated by former Mayor Kent Kroeber was in place.

Attorney Golden responded that he was not aware of this agreement but again suggested that Mayor Neuhauser reach out to Supervisor Rost to discuss.

Michele Lindsay responded that she was not sure if it had been but she had been under the impression that the entire northern tract of the property was to remain green and that this was supposed to be secured prior to the commencement of any work on the site. She further commented that as the developer has begun laying roads, she had asked the Town Attorney about it at the Town Board meeting the night before, and he did not know anything. He also admitted that there were many agencies involved with different aspects of the project and no general over site.

There was a brief discussion regarding whether or not the donut negotiated by Former Mayor Kroeber was in fact a part of the special permit after which Trustee Gluck stated that he felt they should review the document. Attorney Golden responded that he would do so and then speak with the Town Attorney.

Public Comments:
Michele Lindsay began by thanking DPW Supervisor Jeff Voss for removing a tree from the middle of West Lake Road the night prior. She went on to voice her concern regarding the Sterling Forest Casino project, commenting that the Draft Environmental Impact Statement would soon be considered by the Town Board and she felt it was important that all of these residents who had expressed their concern about the lakes and the environment should pay attention. She cautioned that all of the Village’s concerns had been included in the Scoping Document and that there was also the issue of segmentation to consider in that the DEIS applied only the area immediately surrounding the resort and not to the area surrounding the proposed Thruway exit. People need to know all of this.

Trustee Goodfellow suggested that communication was key, commenting that the Village had attempted to insight residents to sign up for e-mail updates but the effort had not been overly successful. She inquired of Attorney Golden as to whether or not they could utilize the private e-mail addresses that they were aware of to contact residents anyhow, regardless of whether or not they had elected to receive updates.

Mr. Golden replied that the Village could use the e-mail addresses to make initial contact, but that individuals would have to agree to receive the updates in order for the addresses to be used on a continual basis.

Mrs. Lindsay then stated that a group of concerned citizens had put together a petition asking the Board to rescind their favorable vote for the Casino and collecting 406 signatures over the course of two weekends at the Farmer’s Market. They presented this document to the Town Board but had received virtually no response.

Trustee Kilduff inquired as to what the citizens were looking for in the way of a response from the Town Board and Mrs. Lindsay responded that they had hoped to be added to an agenda or reopen the discussion, but at the very least they should have been acknowledged.

She then went on to address the issue of the Mulch Pile stating that the Town Board had admitted the previous evening that the DEC only regulated the mulch on site and had no jurisdiction over the dirt or the trees. Aside from the DEC, the Town’s only form of oversight seems to be frequent drive-bys on the part of the Highway Department. She feels this is also cause for concern.

Sally Sonne urged the Board to take some action with regard to the Causeway Wall. People in the community are extremely concerned with this issue. She cautioned that the winter months were fast approaching and that she felt strongly that the road should not remain one-way throughout another winter.

Mayor Neuhauser responded that the situation was before a judge and out of the Board’s hands.

Mrs. Sonne disagreed, urging the Board to do something. She further stated, “You talk as if this happened to you, but you made it happen and we are all living with the consequences.” She went on to suggest that the Village settle the lawsuit, commenting that this would involve the admission of mistakes on the part of the Board. She further suggested that regardless of the Judge’s decision, there was a good chance that the losing party would appeal and that whatever happens would be both lengthy and costly to the Village. Again, she begged the Board to settle the suit and open the roadway.

She then pointed out that the Village’s engineers had advised them that collapse was imminent, yet nothing had happened. She wondered if this had caused the Board to lose any faith in the Engineers.

Trustee Goodfellow stated that Mrs. Sonne had utilized her five minutes of speaking time and that the fact was that the Board did not agree with her assessment of the situation.
Trustee Guinchard objected, stating, “some of us do not agree.”

Trustee Goodfellow agreed with this, acknowledging that Trustee Guinchard was in agreement with Mrs. Sonne.

Trustee Guinchard then asked Attorney Golden whether there had been any word from the judge.

She then wanted to know if there was anything that the Village could do to make the Judge move forward with his decision.

Mr. Golden responded that there really was not. The Village could inquire as to the status and if they were dissatisfied with the answer, they could contact the Judges’ superiors and ask them to “yell at” the Judge, but he did not recommend this course of action.

Speaking on behalf of the Tuxedo Club, Tom McKay commented that they were also concerned about the status of the roadway and wondered if the Village might be able to cover the suspect area of the wall with mesh netting, remove the roadblocks and reopen the roadway.

Mayor Neuhauser responded that they had explored this option but that it had a price tag of $75,000 and would have required permission from Mrs. Booth in order to access the property.

Trustee Kilduff pointed out the Village had made Ms. Booth a very generous settlement offer, which had been denied. In brief, they had offered to pay for the engineering costs, have the DPW complete a fair portion of the labor and split all additional, outside costs 50/50. These terms were not acceptable to Mrs. Booth.

Trustee Guinchard suggested that it might be time to go over the Judges’ head.

She then wondered if they might go back to Ms. Booth and re-open the discussion. She asked Trustee Gluck for his view on the situation.

Trustee Gluck responded that he felt it was always better when people were able to discuss issues, however he was not sure that the Village was willing to be any more generous in their offer.

Tom Salierno wondered what the total cost to the homeowner would have been had she accepted the settlement.

Trustee Goodfellow stated that she did not see the need to revisit the discussion and that she felt it was outrageous for one resident to hole the entire community hostage in this manner.

There followed a brief debate as to whether or not negotiations with Ms. Booth should be re-opened, after which Trustee Guinchard inquired of Mr. Golden how they could move forward to end the current stalemate.

Trustee Guinchard asserted that there were some members of the Board who wanted to talk with Mrs. Booth, but Mr. Golden cautioned that anyone speaking to Mrs. Booth on behalf of the Village would need to be authorized to do so. If such authorization did not take place, that individual would have to make it very clear that they were not representing the Village when talking with Ms. Booth.

Following some further discussion, it was agreed that the Board would need to discuss the issue further within an executive session.

Tuxedo Club Request – Fish Stocking:
The Board voted unanimously in favor of approving the Tuxedo Club’s request to stock fish in Tuxedo Lake.

Authorize Webinars for Planning Board and BZA Required Training:
Following a brief explanation/history as to why these Boards were required to complete training from Attorney Golden, the Board voted unanimously in favor of authorizing the webinars.

Reschedule Public Hearing on Keating Offer of Dedication & Deed for Road Widening:
Following some discussion, the Board elected to reschedule the public hearing on the Keating offer of dedication & deed for road widening to November 12 at 9am.

Authorize Bidding for #2 Fuel Oil & Set Bid Opening Date:
The Board voted unanimously in favor of authorizing the bidding for #2 fuel oil and set a bid opening date of November 12 at 9am.

Other Business:
Trustee Goodfellow inquired of Attorney Golden as to the procedure and timeline for raising the 2% tax cap.
Mr. Golden responded that this would need to be done by way of local law and that he would investigate it further.

1. Call to Order
2. Pledge of Allegiance
3. Lakes Presentation - Allied Biological/Chris Doyle
4. Mayor's Update
5. Police Update
6. DPW Update
7. Building Department Update
8. Committee Updates
9. Public Comments
a. Speakers must sign in and are limited to 5 minutes per topic.
b. Written comments must be submitted by 4pm on the day prior to the meeting.
10. Tuxedo Club Request-Fish Stocking
11. Authorize Webinars for Planning Board & BZA Required Training
12. Reschedule Public Hearing on Keating Offer of Dedication & Deed for Road Widening
13. Authorize Bidding for #2 Fuel Oil & Set Bid Opening Date
14. Approve BOT Minutes (9/23/14)
15. Audit of Claims
16. Adjournment

The Village Board of Trustees met on Tuesday, September 23 at 7pm. Trustee Kilduff was absent.

Mayor’s Update:
Mayor Neuhauser began by commenting that there remain a number of vehicles that do not have the proper Village tags on them. She suggested that Denise from the Gate would be willing to come in on Saturday mornings from 9-1 during the month of October to help those residents who might have had issues obtaining the tags to bring their vehicles up to speed. Once this has been completed, vehicles still bearing the old tags will be stopped at the Gate as though they had no tags at all.

The Mayor and Trustee Goodfellow have met several times regarding the Village’s strategic plan. Having assembled a large list of relevant projects/issues, they are now in the processes of organizing, assessing and prioritizing areas that need work and projects that can be done easily vs those that will take more time. The hope is to create a true, fluid document that can be passed along from year to year and administration to administration. They are also planning to resurrect the Engineering Committee in an effort to keep on top of the projects at hand and keep them moving along. The committee will be comprised of the Mayor, Trustee Goodfellow, Building Inspector John Ledwith, DPW Superintendent Jeff Voss and Village Engineer Rich Messer. Various other people would then be pulled in as need for other projects.

The Warwick Brook Bridge is coming along nicely. The DPW is hoping to set the planks on Thursday, however heavy rains might delay that.

The deer culling program is on schedule to begin in mid-November and the Village is hoping to receive at least 50 tags.

Police Report:
Chief Sanford reported the following for the month of August:
Non-Criminal Complaints - 54
Property Damage Complaints – 1
Traffic Tickets – 55
Fire Alarms – 5 (all false)
Intrusion Alarms – 2 (both false)
Medical Calls – 1
Assists received from the Town of Tuxedo Police – 5
Additionally 9,303 untagged vehicles entered the Village via the Front Gate.

DPW Report:
Superintendent Voss reported that the department has already begun bringing in sand in preparation for the winter months. They are hauling it themselves in an effort to keep costs down.

Newly Appointed head of the Water Department, John Bello, will be attending school in Buffalo from October 6 through the 17 in order to obtain his certification as a Water Operator. The Board voted unanimously in favor of authorizing this trip.

The DEC recently surprised the Village with a visit to the sewer plant. At the time of the visit, some of the equipment was down and this was noted in their report. The equipment has since been repaired and, as per their request, a letter has been sent to the DEC letting them know.

The Department of Labor also surprised the Village with a visit on Monday. A report is expected within 3-4 weeks however, the Superintendent noted that he anticipates some violations. He assured the Board that these violations were nothing major and could easily be mitigated.

Building Department:
Click here to view a copy of the Building Department Report for the month of September.
The Keating Application was briefly discussed. In order to complete the project as planned, a small portion of the property needs to be dedicated to the Village in order to widen the roadway. As per the law, because of the road’s width, a resolution must be made to accept the dedication but before the Village can do this a public hearing must be held. The Board voted unanimously in favor of setting this hearing for October 28 at their next regularly scheduled meeting.

Trustee Goodfellow noted that as per the conditional approval of their pathway project, The Tuxedo Club was to have submitted a landscaping plan by the end of September. She inquired as to whether or not this had been received.

Trustee Goodfellow reiterated that as is, the pathway has been constructed in such a manner that all of the gravel washes directly into Tuxedo Lake which is a major problem.

Mayor Newhauser agreed, commenting that it was crucial that this be addressed before the weather turned cold.

It was agreed that the Building Inspector would write The Club a letter with regard to this matter.

Committee Updates:
Code Revision – Trustee Guinchard reported that she and Trustee Gluck had been meeting regularly to review the Code and determine where revision efforts should be focused. They strive to create consistency throughout the document. In this regard, they have met with Chief Sanford as well as the Mayor and each of the Trustees individually for their feedback. In general, what they are looking for are discrepancies in the Code or areas where the various provisions clash with one another. They have assembled a master list, which has been submitted to Board Attorney Rick Golden for review. They will also be meeting with the Planning Board, Board of Architectural Review and Board of Zoning Appeals Chairs for their feedback.
The Keep - With regard to The Keep, Trustee Goodfellow reported that the committee was awaiting word from the Financial Committee with regard to possible funding for the project. In the meantime, Tom Salierno should be present at the next meeting to provide a more detailed update.

Environmental Committee/Lakes Management – The CSLAPS program has been completed for now and Trustee Goodfellow expressed her gratitude to all of the resident volunteers who were a part of the initiative. In general, the Lakes have been in better shape this summer than they were last, although with the lack of rain has contributed greatly to the recent algae blooms in the Wee Wah and Pond Number 3. The increase in algae has had a significant effect on the visibility in these lakes, which in turn affects the ability of the divers to affectively remove the Eurasian Water Milfoil. Chris Doyle of Allied Biological has been looking at this and will be investigating the efficacy of a non-toxic chemical to be used in lieu of copper sulfate in these areas. It is important that the Village develop some sort of protocol for testing the water and determining its safety prior to sending in divers. AIM spent the entirety of their final week in the Village on Tuxedo Lake, where they removed 50 bags of Eurasian Water Milfoil. They have been taking great care to remove all fragments of the weed as well. A report will be generated and this, along with treatment recommendations will be presented at the next Board meeting.

Trustee Gluck and his wife have volunteered to assist with their kayaks in the search for other potential invasives, such as Water Chestnut, that have already been discovered in both Greenwood Lake and the Hudson River. Prior to his presentation at next month’s meeting, Mr. Doyle will be reviewing everything that has been going on in the Lakes over the course of the last three years and will subsequently be providing his recommendations for how the Village should move forward with their lakes management efforts.

In the meantime, should the Village receive any requests for stocking the lake with fish, he cautioned that prior to approval, they must determine the exact number and species and must also make sure that said fish have the proper certification.

Trustee Goodfellow noted that in spending more time on the Lakes she had noticed that the Village’s storm water system is dumping tons of sediment and material into water. She noted that several lake-front properties have practically become “beach front” due to the massive amounts of erosion that is taking place from storm water run-off. Once the new GPS system is up and running, the Village will be tracking the storm water system so they can target specific problem areas. The development of a Storm Water plan is crucial. In the meantime, she cautioned that all residents need to be mindful of the fact that how they manage their properties has a direct effect on the Lakes.

The Mayor agreed, commenting that this initiative will go hand-in-hand with the development of a strategic plan. She noted that surely there were areas where drains and culverts could be installed to help remove sediment from the storm water.

Joan Alleman inquired as to whether or not the water temperature in the lakes had changed over time.

Trustee Goodfellow responded that she wasn’t sure as until the very recently the Village has not had the ability or the resources to properly collect that data.

On another note, the AIM divers retrieved a boat battery from the bottom of Tuxedo Lake. Trustee Goodfellow noted that boat owners and residents must report things like this when they occur.

Residents must also be reminded that dogs are not permitted to swim in any of the Village lakes. Among other things, the algae blooms have potentially harmfully effects of them as well.

Speaking of dogs, Trustee Goodfellow noted that since the Wee Wah Beach Club had closed for the season, the Village has had some help from resident dogs with successfully chasing geese of the property. She also noted that the condition of the property in general seems to be deteriorating as residents who are not club members are now making use of it and leaving their garbage behind them. The installation of a garbage can was briefly discussed, however it was ultimately determined that if they put a can there, somebody would need to be responsible for maintaining it on a regular basis.

Garbage and Recycling:
Mayor Neuhauser stated recycling remains a problematic issue with residents putting out items that have been contaminated with garbage. She suggested that the Village put together a brightly colored, two-sided flyer that Billy can leave behind when rejecting pick-ups. On one side the flyer will note the reason for the rejection and the other will contain a list of recycling “do’s and don’ts.”

Meg Vaught commented that if the Mayor e-mailed her the flyer, she would gladly post it on the TPFYI Facebook page and the Mayor agreed to do so.

TPAG Request:
The Board voted unanimously in favor of approving TPAG’s request to hold an event at a private home in the Village on Sunday, October 5.

Pilgrim Pipeline Request:
The Pilgrim Pipeline is a project that would potentially pipe crude oil from NJ to Albany and back. The idea was developed following Super Storm Sandy, when there was a great deal of difficulty getting the oil from place to place. Currently, shipments are sent via barge down the Hudson River, which has been problematic for various reasons. The Village has received a request to possibly bring a portion of the line through a small portion of Village-owned land located across from St. Mary’s along the bottom of Fox Hill Road. Specifically, they would like to do a wetlands survey and soil borings.

Village Attorney Rick Golden informed the Board that the project was not affiliated with the State and was being proposed by a private company. Applications have not yet been filed with either the State of NY or the State of NJ. He cautioned that they should proceed slowly and deliberately and suggested that they collect more information on the project before moving forward.

Fall Bulk Pickup Day:
The Board voted unanimously in favor of setting the Fall Bulk Pickup Day for Saturday, October 18. All items must be curbside by 7am.

There was a brief discussion with regard to non-residents who enter the Village on bulk-pickup days and troll through the garbage. The Mayor reminded residents that if they saw anybody or anything that appeared suspicious in this regard they should call the police.

Westin & Sampson Request – Approve Request #2/East Village Waterline and Warwick Brook Bridge Construction Oversight:
The Board discussed requests from Village Engineer Westin and Sampson for additional project oversight fees as well as additional fees incurred with the East Village Waterline Project. The Engineer has estimated that they will provide up to 40 hours of oversight at $115 per hour on the Warwick Brook Bridge project for a total of $4,600. The Mayor questioned their ability to bill for an estimated amount of time that has yet to occur. DPW Superintendent Jeff Voss was asked roughly how many hours the engineers had been on-site to date, and how much time he anticipated they would need to be there moving forward. It was agreed that the Board would approve up to 10 hours of additional oversight as opposed to 40.

Mayor Neuhauser reported that it appeared as though the Bruno residence was in need of a new waterline and due to the rocky nature of the property, soil borings would be necessary before work on the installation could begin. As subcontractors were scheduled to be in the area completing borings for the East Village Waterline project, it had been suggested that they complete the work on the Bruno property at the same time in order to keep costs down.

Board Attorney Rick Golden inquired as to whether or not the Bruno property had access to the water main from any other locations.

Supervisor Voss responded that the Village was trying to avoid having to replace a damaged main that services two homes (Bruno and one other) by running a new line that will tie in with an existing main on West Lake Road. He acknowledged that Mr. Bruno’s property does abut West Lake Road.

Mr. Golden pointed out that when such access was available, individual waterlines were the financial responsibility of the property owner and not the Village.

This was discussed and it was ultimately agreed that Mr. Bruno would be responsible for the installation of his own line.

Westin and Sampson is also requesting an additional $13,000 for necessary redesign work on the East Village Waterline project. This was unanimously approved by the Board.

Wee Wah Dam:
Trustee Gluck referenced a letter received that day from the Board of Health with regard to the Wee Wag Dam. The letter puts forth their general comments on the project as proposed.

The generalities of the project (design and cost) were then briefly discussed. Ultimately, it was agreed that the Village Clerk would put together an over-view outlining everything that had been done to date, including the total amount of money spent thus far and that this would be reviewed and discussed at the next meeting.

1. Call to Order
2. Pledge of Allegiance
3. Mayor's Update
4. Police Update
5. DPW Update
6. Building Department Update
7. Committee Updates
8. Public Comments
a. Speakers must sign in and are limited to 5 minutes per topic.
b. Written comments must be submitted by 4pm on the day prior to the meeting.
9. TPAG Request
10. Pilgrim Pipeline Project
11. Garbage & Recycling
12. Fall Bulk Pickup Day - Saturday, October 18, 2014
13. Weston & Sampson Request - Approve Amendment #2/East Village Water Line and Warwick Brook Bridge Construction Oversight
14. Approve BOT Minutes (8/26/14)
15. Audit of Claims
16. Adjournment

The Village Board of Trustees met on Tuesday, August 26, 2014. All members were present.

Mayor’s Update:
Mayor Neuhauser announced that Board of Zoning Appeals Chairman Gary Glynn had informed her that Board Member Wayne Lyski will be stepping down following the September meeting, meaning that there will be an opening on that Board. Additionally, there is currently an opening on the Board of Architectural Review. Any interested residents should submit their resumes to the Village Clerk at the Village Office. Notice will also be put on the Village website.

Next, the Mayor asked Trustee Guinchard to talk about the ongoing garbage issue. Trustee Guinchard explained that the problem stems from residents mixing way too much garbage in with their recycling. Despite multiple pleas and reminders from the Village over the last several months, things have not improved. By law, Sterling Carting cannot take items with the recycling that are not recyclable or that have been contaminated by garbage. Because of this, Billy has been having to go above and beyond, sacrificing his own time to mitigate the issue and Trustee Guinchard does not feel this is appropriate.

Mayor Neuhauser expressed some confusion, commenting that in other municipalities she had witnessed both garbage and recycling being thrown together into one truck and it seemed odd to her that Tuxedo Park seemed to be the only place where this was an issue.
Trustee Guinchard deferred to Attorney Golden on this, inquiring as to whether or not it was a state regulation.

Attorney Golden replied that although there are regulations in place, however they are mostly geared towards the contract with the hauler. Although there can be issues with transfer stations in terms of what they will receive and how they will receive it, it’s more a matter of the contract and trying to work with the contractor as well as the transfer station that the contractor chooses to use. Although it can be common for contractors to combine the recycling into one stream, the problem in the Village is that residents are not following the rules of segregation and they are putting straight-up garbage together with recyclables.

Trustee Goodfellow wondered why Billy was not rejecting the garbage from those residents who were not doing things properly.

Trustee Guinchard responded that she had told him that he must do this, however Billy had responded that he would rather pick it himself than upset the residents. Although he has been told not to do this, he persists.

Mayor Neuhauser commented that she had ridden with Billy in an effort to better understand what it is that he faces and at that time she had reiterated to him that he needed to leave behind the loads that had not been sorted properly, however this has not happened.
Mary Graetzer wondered if he might consider creating a note to leave behind with the rejected loads explaining why the garbage had been left.

Mayor Neuhauser responded that this had been done and that residents had been reminded several times in various ways and nothing seems to be working. She further commented that she had caught a resident filling up the dumpster located at the Village Office (mainly for weekenders who need to leave trash but cannot put it outside due to bears etc) with papers and old pictures. This is problematic because the dumpster then needed to be emptied in order to fulfill it’s purpose.

Mary Graetzer suggested that the resident in question be charged the price of having emptied the dumpster.

Trustee Goodfellow suggested that the Village needed to stand strong on this and that if they do not back up their words with actions (aka leave behind unacceptable trash) then people will not change their behavior.

Trustee Goodfellow wondered whether or not service could be suspended for those residents who won’t comply.

Attorney Golden responded that over time, if the garbage were left behind as stated, it would become easier for the residents to comply. Given the circumstances, the hauler doesn’t have a right to complain because he is perpetuating the situation by collecting the trash anyway. The Board is not in a position to deny anyone garbage collection. It is a contractual matter.

Trustee Guinchard commented that Billy is not the one complaining about the situation. She has told him to stop separating the trash, but he feels that if he does this he will not be able to complete his routes on garbage day because there will be that much more garbage. She doesn’t believe that this should be the Village’s problem either.

It was agreed that Trustee Guinchard would meet with Billy again and insist that he leave behind incompliant garbage and also suggest that he put together a form note that can be left with the uncollected loads detailing the problem.

Building Department Report:
To view a copy of the August Building Department Report, click here.

Committee Updates:
Lakes Management – It has been a very busy summer season on the Tuxedo Lakes. Trustee Goodfellow reported that the CSLAPS program is going strong with 6 out of the 8 samplings completed. Overall the lakes are in much better shape this year than they were last and algae blooms did not occur until late July. The blooms are the result of lower lake levels, high temperatures and no rain. A copper sulfate treatment was made in Tuxedo Lake on August 8 and at the last sampling, roughly 10 days ago, the water was much clearer. The Wee Wah and Pond #3 do not have the benefit of copper sulfate treatments and therefore a notice was posted on the Village website advising residents to use good judgment as to whether or not they choose to swim in those lakes. The Village worked very closely with the Wee Wah Beach Club, monitoring the conditions daily and has maintained a relationship with the Orange County Department of Health, which is the governing body that determines whether or not swimming should take place on the beach. When there are surface blooms, swimming is prohibited and there were a couple of times when the beach had to be closed for swimming. Currently there is no surface bloom and the water is open, however it is still notably green.

The Environmental Committee had a membership meeting during the month of June and Kathy Norris’s suggestion r/e stocking Tuxedo Lake in an attempt to solve emerging issues was reviewed. Trustee Good fellow inquired as to whether or not the Board wanted to ask Chris Doyle of Allied Biological to return and give a presentation in the fall outlining the results of the summer testing, how they compare to last year’s results and what he believes the next steps should be moving forward.

It was agreed that this would be a good idea. Trustee Kilduff further commented that if Mr. Doyle could speak to Ms. Norris’s “fish fix” suggestion this might also prove helpful.

The idea of bio-manipulation was then briefly discussed and Trustee Goodfellow mentioned that there had been discussions about it with the EPA and the various other State Agencies they work with and nobody seems to believe that it would be an easy fix. It looks feels and sounds easy, but it is not. She went on to point out that cyano bacteria blooms are becoming more and more frequent in lakes throughout the region and Tuxedo Lake is hardly the only place where it has become problematic. A big part of why it is becoming more visible over time is that people are feeding the algae. Disruption on various properties creates organic material, which winds up in the lake along with fertilizers etc. She suggested that the Village should try and engage people as best they could in land management practices that are going to help maintain the health of the Lake. At the end of the day, whatever people put on their lawns is what the residents will be showering in and drinking. She cautioned that it not just the lakeside properties but everywhere within the Village as the storm water management system directs pretty much everything into the lake. Another thing that is becoming very clear is that the Village is “absolutely loaded” with invasive terrestrial plants. This is another thing that the committee will be looking at.

Utilities – Trustee Guinchard reported that WiFi had been installed in the Village Office and service there has improved considerably. They are waiting to hear back as to how much it would cost to bring service to the Wee Wah, but have not received the final numbers yet. Trustee Guinchard commented that the ballpark figures she had seen were a little high. With regard to a cell tower, Alan Yassky has been working diligently and she has spoken with John Ledwith with regard to different elevations for installation. Essentially, the cell tower companies will tell the Village how high they can go. The idea of “piggybacking” off of another tower was discussed and Trustee Guinchard commented that Mr. Yassky was playing phone tag with various people following up on the various components involved with this. Ideally, the Village would have their own tower and they have identified several places where they believe it would have a minimal visual impact, but ultimately it will come down to what is the most cost effective.

Emergency Committee – Trustee Kilduff reported that the Ambulance Corps would be providing CPR training to all of the members of the DPW at a cost of $80 per person.
The Board agreed that this was an excellent idea and unanimously approved a motion to fund the training.

The design for the Warwick Brook Bridge has been approved and signed off on. The DPW will begin work in September.

Work on the Wee Wah Dam is ongoing. It appears as though the project is still on track to begin construction for next year.

With regard to Storm Water Management for the Tuxedo Club, Inspector John Ledwith met with an Engineer for the Club and the two of them managed to figure out a way to divert two separate paths of storm water away from the Club property entirely, thus mitigating the ongoing issue.

Scoping Document for the Sterling Forest Casino:
Attorney Golden informed the Board that he had put together a memo outlining both the requests made by the Village for the scoping document and exactly what was adopted by the Town. This was circulated to them earlier in the evening.

Mayor Neuhauser thanked Attorney Golden and stated that she would like to put the memo on the Village Website where everybody can view it.

Weston and Sampson Request – Approve Amendment #2/East Village Water Line:
Commenting that it had taken Weston & Sampson a lot more to get to the point where they currently were with the project than they originally thought that it would, Mayor Neuhauser read aloud a request from the Engineers to increase the amount of the project as agreed upon in the September 2012 contract by $24,500 to an amount not to exceed $155,500.
Given the very substantial increase in cost, Trustee Kilduff wondered if they might have a discussion with Weston & Sampson directly about it.

The Mayor responded that she was not sure there was anything they could do about it. In addition to more funding for the project, they are also talking about an overall rate increase for services, as they have not had one in eight years.

There followed a discussion with regard to the project and the need for additional work outside of what was originally approved. The railroad has posed a problem for them.

Building Inspector Ledwith commented that he was aware that there had been an issue with this but he would prefer to see some correspondence between the engineer and the railroad detailing the issues, as he had no idea how extensive they truly were.

Trustee Guinchard pointed out that if Weston and Sampson were accustomed to working with railroads, they should have anticipated the problems.

After reading allowed some the specifics outlined in the letter, including applications to renew a number of permits, modifications of construction drawings and specifications and soil borings on two properties, the Mayor suggested that they shelve the issue until next month so that they could gather some more specific information about the request.

Attorney Golden advised that if the engineers were giving an estimate, they should also provide a breakdown of how they arrived at the amount, including things like the number of soil borings required and the cost for each and the specifics of what would be required at both sites. In order for them to come up with the estimate, they must have made calculations like this “in house” and now they should share that information with the Village so that they can determine where they might be able to shave some things. It was agreed that this would be requested.

Public Comment:
Michele Lindsay inquired about the intersection of West Lake Road and Turtle Mountain Road at the end of the South Causeway, commenting that it had been closed for the last two days with no signage explaining why. She wondered how long the road would be closed.

John Ledwith responded that the DPW had been paving the South Causeway and that the road should be open to traffic in a day or so. He had been under the impression that traffic would be allowed through in one direction and was unaware of the full closure.

Next, Mrs. Lindsay commented that she had been looking online at homes to rent in Tuxedo Park, when she came across a home listed on the site AIR BN&B advertising “a once in a life time opportunity to enter the gates of Tuxedo Park” with a nightly rate of $750. She wondered if this could technically be considered a business.

Mayor Neuhauser responded that she was aware and had seen the ad. The Board had been intending to discuss it that evening.

Attorney Golden commented that under the code, it was not illegal for residents to rent their homes and that additional, residential, accessory uses were also provided for. However, the entire Village is zoned for single-family residences and therefore, more than one single-family home per lot is prohibited. The more difficult question is whether or not it can be considered a business. Businesses are not allowed in the Village. The only existing business is the Tuxedo Club, which is allowed, as it was a pre-existing, non-conforming use. Without doing further research. Mr. Golden feels that the B&B use would not be allowed under the code, but if somebody thought otherwise, they could ask for a request from the Building Inspector for an interpretation of the code and if they didn’t like his response, they could appeal to the BZA. Again, he stressed that he had not done the full research but that his preliminary assessment is that it would not be allowed under the code.

Mrs. Lindsay pointed out that the ad says there is room for up to 10 people, which goes way beyond single families.

Following some further discussion about the code and what may or may not be permissible, it was agreed that the Board would look further into it.

Mrs. Lindsay then expressed her concern with the environmental review process for the Sterling Forest Casino that has been occurring in the Town. She is worried that The Village of Tuxedo Park will not be protected should they rely on the Town Board’s ability and interest to conduct a thorough environmental review. There are a number of things that seem wrong to her about the way they are conducting the process. She believes that it is wrong that the Town Board has named themselves as the Lead Agency for the Review when they have agreed to support the project in order to get $47.5 million. She also think s it’s wrong that the Town Board is relying on the consultants A&M, who said at the Public Hearing that the property values at the north end of Town would go up after the casino was constructed. In her view, they clearly don’t have a good understanding of Tuxedo and property values and she is worried that these are the people that the Town Board is turning to for advice. She also feels that the Town engineers, Lank & Tully, conducted a very inadequate balloon test. She doesn’t know about the results from the most recent test, but on August 14 and 15, they conducted a two-day test and she volunteered to hike the Appalachian Trail to see what the impact would be on the view-shed from there. From her viewpoint on the east side on the Thruway, she could clearly see the southern most ski trail at Tuxedo Ridge, but did not see any balloons. When she went to the site to see why the balloons had not been visible, she found two balloons right in the middle of the footprint, and this was supposed to be adequate. These engineers are supposed to be working for the Town’s benefit! Mrs. Lindsay is worried that this is what the Town is relying on.

Mayor Neuhauser inquired as to who had executed the second balloon test, which took place the previous day.

Trustee Kilduff responded that a second, independent firm had been used as it was thought that Lank & Tully had too many connections to the Town.

Mrs. Lindsay wondered if this new firm would serve as the Town’s engineers moving forward.

Trustee Kilduff replied that he believed that the firm used had been a more specialized group dealing with balloon tests and visual impacts.

Mrs. Lindsay reiterated that the first test had been, in her view, inadequate and stated that clearly they will need to do another test after the leaves come down.

Trustee Kilduff agreed commenting that this would be happening. He continued that for what it might be worth. The Town’s environmental lawyer had reviewed Lank & Tully’s initial test results and was dissatisfied, which is the reason a second test was conducted.
Mrs. Lindsay expressed further concern that at the most recent meeting of the Town Board, where the final draft of the scoping document was reviewed and accepted, Councilman Matthews was the only Board member who had any questions.

Mrs. Lindsay continued on to say that one of Councilman Matthews comments had been that he believes that a full financial review should be part of the SEQRA process. It is overwhelming for the Town Board, who are not fiscal experts, and they need some assistance in fully understanding the financials of the project. The Town’s council responded to him that he had experience and that what they needed to do was to rely on “the smell test.” And if the numbers “don’t smell right” there might be something wrong.
Between the Town’s attorney providing this kind advice, and the inadequate balloon test conducted by Lank & Tully, Mrs. Lindsay just does not see how they can be comfortable with the review that is occurring. She also believes that the financial review should be a part of SEQRA. In her view if individuals move to Tuxedo to work in a casino and then it fails or doesn’t live up to expectations, resulting in lay-offs (like what is happening in A.C.) it will have a huge impact on the community/environment.

Mrs. Lindsay suggested that as more and more of the review occurs and is proving to be insufficient that the Village Board should take another look at the project and consider rescinding their letter of support.

Mayor Neuhauser thanked Mrs. Lindsay for her comments. She stated that the Board also needed to review the memo provided by Attorney Golden, outlining which of the requests/concerns had been included in the final draft of the scoping document.
Attorney Golden commented that there would also be a public hearing in Poukeepsie on

September 23 from 8am-8pm where residents of this area can voice their objections and concerns. Additionally. On September 9 up in Albany all 9 competing casino developers for the Catskill/Hudson Valley area will present their projects to the Gaming Location Board. Public Comments will not be allowed on this day.

Trustee Kilduff pointed out that fiscal review had been included in the scoping document and inquired of Mrs. Lindsay whether or not this was, in her view, insufficient. Speaking as the liaison to the Town, Trustee Kilduff commented that the Board admittedly did not know a lot of things, which is why they were relying on the advice of the experts they had hired. He wondered what Mrs. Lindsay would suggest they do differently in order to marshal everything that needs to be looked at.

Mrs. Lindsay responded that she did not have any confidence in the Town’s experts. She believes that A&M clearly does not understand the market in Tuxedo. The idea that the property values for those people living in the north end of town, right next to the casino, would go up is just stupid. Better consultants, who have a better understanding of the financial impacts, are needed. She fears that Tuxedo could be left with a 1000 room “white elephant” in just a few years with unemployed people in town.

Trustee Kilduff pointed out that the consultants do have casino experience, which is why they had been selected, although admittedly they were not the first choice. He wondered what kind of company Mrs. Lindsay would suggest using.

Another big issue for Mrs. Lindsay is water supply. Noting that this was also an important issue for the Village, she stated that developers have commented that if the casino should run out of water, they will import it. Where will they import it from?
In Mrs. Lindsay’s view, there are a lot of things that are not being looked at seriously enough and the developer is getting away with a ton of stuff because of it. She suggested that maybe A & M could stay on Board as the consultant for how casinos work and what a realistic projection would be for gaming revenues, but somebody else should be brought in to better understand what would happen to the assessed property values.

Additionally, there is the issue of security. There is not a fence around the Village. People are able to enter via Warwick Brook Road with ease. Part of the Village’s initial discussion had been the idea of signing the letter of support so that they could in turn receive the $10 million and protect themselves from the casino. Mrs. Lindsay does not understand this logic.

Trustee Goodfellow commented that it seemed to her that Mrs. Lindsay was concerned about what the Village could do to be sure that the right kinds of questions were being asked and that the environmental issues were being explored properly. It certainly is “not comfortable” to hear that the Town’s attorney is advising that the go with the “smell test” which, in her view, really doesn’t cut it. She feels that the Village is going to need some assistance in making sure that the right kinds of questions are being asked and that the right issues are looked at. She wondered if Attorney Golden had some advice for them as to how they could protect the Village’s interests during the environmental process.

Attorney Golden responded that the Board had identified various issues that were important to the Village and asked for these to be included in the Scope. Some of them were included and some were not. To the extent that they were not included in the scope, this is a determination that the Lead Agency makes. Ultimately, if there were ever a challenge to this, they would have to defend why they had decided not to include something in the scope that was requested. They may well be able to do this based on the individual issues. As to the economics, the courts have held the SEQRA cannot be applied with respect to solely economic issues.

Trustee Goodfellow stated that what is appearing now in the popular press are some things that might potentially have an impact on the positive impact on the community (the idea of a gaming center at the Meadowlands, fears of over-saturation with casinos in this area) in her mind raises some good questions about the positive environmental impacts.

Attorney Golden advised that these issues could be raised to any project applicant who says, “look at all of my positive economic impacts, ” but these kinds of things don’t enter in to the SEQRA process. When it comes to the Lead Agency determining whether there are any significant environmental impacts and how these can be mitigated, (SEQRA) typically this kind of stuff is ignored. Ultimately, SEQRA finds cannot be based on purely economic issues and challenges to SEQRA cannot be made based on economic issues either. The State has mandated that applicants must get approval from their Host Communities and that those communities must receive benefits from the project. The way the applications are considered favorably directly correlates with the more benefits that are offered to those communities. In other words, the State has basically invited a circumstance whereby applicants come to municipalities asking for support by way of showering them with money and benefits. Every municipality is doing it and it is not illegal because the State has said that it is what ought to happen. It is a very unusual situation in municipal law to have an applicant come to a community and say, “I would like your support and how much will it cost me?” Some might say that this is a very unfortunate circumstance that the State created, but they did create it and there is no way to get through the process but by taking part in it. Even those communities that did not ask for much were granted benefits in order to improve the standing of the various applications because this is what the state wanted.

Trustee Kilduff pointed out that fiscal impacts are also examined in the Alternatives section of the scope, where the applicant had to look at the No-Build Alternative. He further commented that what he found particularly daunting was the As-Of-Right Alternative as he can easily envision “wildly tax-negative” development on that site. If one takes a look at the basic marketing, census type data, they can see that the casino will make money here, whether it reaches is projected goals or not. It’s not a fail. Orange County emerged in the competition because of the saturation issues. People don’t want to drive as far.

Attorney Golden commented that every EIS he had seen asked for economic related information as to fiscal impacts because SEQRA says they can ask for this. When it comes to the decision making however, they cannot make their decisions based on economics and they cannot be challenged on this basis either. The information can be requested, received and reviewed; it can be used by the Town Board when determining whether or not to enact legislation that will allow the project to proceed. This is entirely appropriate. Planning Boards do not have discretion with respect to their site plan and subdivision. If something is permitted under the code, they must consider it reasonably and allow it. If something is not permitted under the code and a zoning change is needed, this is approved by the Town Board, which is not beholden to a code as is every other Board. The Town Council is there, as elected officials, to be influenced by the public and public opinion and so they can look at all sorts of things to make that kind of decision as to whether or not it wanted to go forward in the first place, whether or not it withdraws its support in the future or whether or not it wants to pass (and in what form) a local law to allow this particular configuration to go forward as the developer wants it. In his opinion, this is the only place where those kinds of arguments have a real chance to blossom into something that might have an effect. With respect to As-Of-Right, they have the right now (unless the zone gets changed) that they can go in and build something. It won’t be the same thing that they have now. If the Town withdraws its support before there is a decision to be made, it’s unclear as to exactly what would happen but it’s possible that the Gaming Commission would take that into consideration and not site the project. That being said, the issue as to what happens in this circumstance has not been set out in the State law.

Mayor Neuhauser commented that it was a lot to read through and process but based on her initial review of Attorney Golden’s memo, it looked to her as if roughly 1/3 of what the Village had requested was not included in the scope.

Attorney Golden responded that the memo had been designed to show things that were requested and not included in the scope as well as those things that were included but in a slightly different form.

Trustee Kilduff wondered if Attorney Golden might provide some advice in helping the Village to “hold the Town’s feet to the fire” on all this stuff. He believes that the real estate valuations should be brought up.
The Mayor stated that once the Board had had some more time to review the memo, these things would be discussed but in the meantime she felt it was important to get the memo out to the public as soon as possible.

Amend Village Dental/Vision Policy:
A Village Police officer who has the Village’s family insurance plan has requested to add his long-time live-in girlfriend to his plan. This can be done at no additional cost to the Village. Another officer was recently engaged and has asked to add his fiancé to the plan, which will cost the Village an additional $1000 per month.

It was agreed that Attorney Golden would review the policy and advise the Village as to what they were required to do.

Wee Wah Beach Club:
The Wee Wah Beach Club is planning to do a third sand-bee treatment in September and they would also like to hydro-seed in areas where they have lost grass. The Mayor would like to speak with Superintendent Voss about this in order to determine what the cost should be. As the Club is losing members, they are struggling to keep things “up to snuff.” They rebuilt many of the picnic tables but they would also like to buy 6 new grills at the cost of $134.99 per grill (plus $32 for shipping) as many of the current ones are not in good shape at all and they are requesting Village assistance. The Mayor suggested that they attempt to raise the money privately, noting that she was not sure whether this was allowed.

Mary Graetzer noted that membership has decreased to only 135, less than last year.
The Mayor commented that she had met with Club president Bonnie Takieuchi as well as Tom Salierno and had at that time suggested that they put their heads together and come up with some sort of fund/membership drive for the spring. She further noted that more working Moms and full-day camp programs are probably contributing to the decline in membership.

Trustee Goodfellow commented that she felt it was time for the Village to pull together a committee to take a look at not only membership but also the Beach Club and it’s roll as a recreational resource in the community.

Trustee Kilduff wondered whether or not the grills currently at the Club posed a safety threat.

The Mayor commented that she felt that if the Village reached out the community at large, they would probably be able to raise the necessary funds.

There followed some discussion about whether or not the damaged grills had been removed or not. Ultimately, nobody knew for sure.

Trustee Goodfellow commented that she felt that if there was an unsafe situation, that the Village was entitled to know about it and reiterated her desire for a full report/review.
Trustee Kilduff wondered why the replacement of a few grills necessitated a committee and a full review.

The Mayor again suggested that perhaps something could be put together for the spring in the form of a letter to the community explaining the both he history and the needs of the Club.

Mary Graetzer cautioned that the last time a letter of this nature went out from the Village, the purpose was misinterpreted by many residents and what resulted was a somewhat ugly debate over the future of the Club. She is worried that sending a letter might result in a similar circumstance. While she appreciates the intent behind the Mayor’s suggestion, she thinks it might be more prudent for members of the Beach Club Board to meet with members of the BOT so they can hash it in a more direct way first.
The Mayor agreed, commenting that no decisions need to be made that evening. The suggested that everyone think about it for a month or two and that the Beach Club would reach out when they were ready to discuss it again. She further commented that she believed they would be able to somehow swing the purchase of 6 grills one way or another.

Trustee Kilduff stated that he believed the lower water levels due to work on the Wee Wah Dam was another problematic issue for the Club that has resulted in decreased membership.

Mary Graetzer agreed, commenting that they have not had a diving board there for the last two seasons and that the lower levels are probably also contributing to the algae blooms.

She believes that if the levels are brought up and the water thus becomes healthier, some of the problems would self correct.

Mayor Neuhauser agreed but pointed out that the Village needed to repair the dam.

Trustee Kildiff reiterated that before they started announcing “the decline of the Wee Wah Beach Club” they needed to seriously consider the impacts that the lower water levels are having on the Club.

Trustee Goodfellow commented that she believed that in taking a look at the entire situation it was easy to reach the conclusion that the Beach Club is a tremendous asset for the community to help support and maintain and improve until the water levels can be brought back to normal. The dam construction allows for some time whereby the Village could get together and evaluate the issues in order to create a constructive plan for moving forward.

Mayor Neuhauser stated that she believed that the work for the dam was scheduled for spring/summer 2015, as it has always been.

1. Call to Order
2. Pledge of Allegiance
3. Mayor's Update
4. Police Update
5. DPW Update
6. Building Department Update
7. Committee Updates
8. Public Comments
a. Speakers must sign in and are limited to 5 minutes per topic.
b. Written comments must be submitted by 4pm on the day prior to the meeting.
9. Weston & Sampson Request - Approve Amendment #2/East Village Water Line
10. Amend Village Dental/Vision Policy
11. Approve BOT Minutes
12. Audit of Claims
13. Adjournment

The Village Board of Trustees held a special meeting on Tuesday, July 29 at 7pm for the purpose of reviewing the draft scope document for the Sterling Forest Resort and allowing residents to add to list of concerns to present to the Town Board.
All members were present.

The meeting began with Village Attorney Rick Golden providing a brief over-view of the SEQRA process in order to put into context exactly what they would be doing during the balance of the meeting. The purpose of SEQRA (the environmental review process) is to inject important environmental issues into the overall decision making for a particular project. The process has already begun for the Sterling Forest Resort with the Town Board naming themselves as Lead Agency and subsequently labeling the resort application as Type 1, which means they believe that the project will have one or more adverse environmental impacts. Because the project has been labeled Type 1, the applicant is now required to put together an Environmental Impact Statement (EIS) the purpose of which it to identify all of the potential adverse environmental issues associated with the project and discuss the mitigation that is necessary for each. The EIS itself consists of three stages, a draft EIS (DIES), the final EIS and then a Findings Statement. Once complete, the Findings Statement is submitted to the Lead Agency (Town Board) along with the application and must be taken into consideration when issuing any approval.

Prior to the draft EIS, the Town will put together a Scoping document. This document will identify all of the issues that the Town would like to see included in the EIS. A draft of this document (DIES) has already been prepared by Town consultants and presented to the Town Board for their consideration. The purpose of the Trustee meeting is for the Board to review the DIES and make any additions that they would like to see included in the final version. They can also incorporate comments and suggestions from the public. All of these things will be presented to the Town Board during their public hearing on Thursday, July 31. Following this hearing, a final version of the Scoping Document will be created.

Mr. Golden stated that he feels the “Draft Scope” as presented is a good document and that it identifies issues clearly. He suggested that the Board review and discuss the document first and then take suggestions from the public.

Mr. Golden began by advising the Board on the subject of Alternatives. SEQRA requires that any project which is being studied in an EIS provide a list of reasonable Alternatives, including the “no build” Alternative. Mr. Golden stressed that this does not mean that the Town has the right to choose the Alternatives over what is being proposed, (the Developer can still propose what they want) however, all of the alternatives listed must be analyzed as part of the EIS. If the Trustees feel that there ought to be other alternatives aside from what has been proposed (which is the required no-build and the as-of-right alternative) then they should go ahead a propose them. Alternatives are a significant part of the SEQRA process.
The following issues as outlined in the scoping document were then reviewed and discussed:

Mr. Golden suggested that if the Board felt it was appropriate, under section B, Potential Impacts, the sentence currently reading “this section will include a comprehensive impact analysis of the effect of the project on the community character of the Laurel Ridge and Clinton Woods neighborhoods, residences along Katrina Court and Benjamin Meadow Road in terms of property values, traffic, noise, security, air quality, visibility etc” could be expanded to include the Village of Tuxedo Park as well as its impact on the National Register of Historic Places Listing. Further along the Draft Scope recognizes the listing on the National Register in the context of the visual impact, specifically as a place to have visual view sheds measured from. He feels that this might be an appropriate place to also include that they should have an impact analysis on the effect of the project on the community character of Tuxedo Park.

Geology, Soils and Topography –
Trustee Goodfellow wondered if this were the place to request some hydrological mapping and a study of the groundwater, how it moves and what impacts it, which she believes are necessary in order to really show what runoff impacts will actually look like. She believes that the description of how this will be examined that exists in the current document is somewhat generic. She pointed out that this community has particular issues given the geological formations that exist. There are areas where there exists very thin layers of top soil and water can be running all over the place under the ground. It is very difficult to predict where these waters will end up unless their courses have been mapped. There are also fault lines running through the area. She reminded the Board that when studying the waters flowing from The Mulch Pile, it was discovered that those waters had a direct effect on Patterson Brook and yet when looking at the same waters from above ground this does not make sense. Because of the way that the rocks form here and the limited amount of topsoil in some areas, it is possible to have what is essentially an underground water main in some areas.

Mr. Golden responded that ground water resources have been identified in the document and that the applicant plans to study those. As he understands it, most places in Orange County are fed through ground water that is actually flowing through various rock fissures and things like that which cannot really be mapped because they vary every few feet. It can be studied via test wells.

Trustee Goodfellow responded that she understood this and was not asking for this type of study but rather specific ground water mapping. She feels that the construction as well as the on-going use of the site could have a significant impact on the groundwater. Mapping would help them to more accurately identify where they want to focus their mitigation efforts.

Mr. Golden responded that he did not know whether a requirement for groundwater mapping would be a reasonable request because he doesn’t know how effective the mapping would be for the associated cost.

Trustee Goodfellow retorted that Mr. Golden was not a hydro-geologist. A lot is not known about these resources and with a significant project of this nature, serious impacts can be generated.

It was ultimately agreed that this request should be added under Ground Water Resources.

Vegetation and Wildlife –
Mr. Golden feels that the document does a good job of identifying several species that are known to be in the area that are either endangered or protected.

Mayor Neuhauser wondered about the Bald Eagles nesting on Tuxedo Lake and whether they should be included.

Mr. Golden responded that the whole issue of what to study in this section goes back and forth and historically, different Lead Agencies handle it differently. Every Lead Agency that he knows of in this area focuses on studying three main areas: endangered species, threatened species and species of special concern. These are the three big areas where the DEC requires analysis and has specific listings, which pop-up whenever Environmental Assessment Forms are completed. There is also a special area dealing with protected species. The Bald Eagle is no longer endangered or threatened, nor is it a species of special concern. It is however, still protected under one of the Federal statutes and since the applicant themselves have indicated that they will study rare and protected species (in addition to endangered, threatened and species special concern) it would not be out of realm to ask them to study bald eagles.

Wetlands and Surface Waters –
Mayor Neuhauser expressed some concern about flooding and suggested that it would important to get “a very strong study” for those impacts. She pointed out that both Hurricane Irene and Hurricane Sandy caused significant flooding damage both north and south of Town, but particularly to the North. She suggested that the corridor of Route 17 running from Hickory Hollow past the Duck Cedar Plaza was of particular concern as this is where the Warwick Brook meets the Ramapo and this makes it more susceptible to flooding.

Storm water Management –
Nobody voiced any concerns above and beyond what is already addressed in the document.

Water supply –
Mr. Golden commented that he was not familiar with where the project would be obtaining its water but under the heading Potential Impacts the document states:

The project’s withdrawal of water and impact on the safe yield of the Reservoir will be evaluated. He images that this refers to a reservoir closer to the project (It Does. Indian Kill) and suggested that the Board might want to request that they study whether there would be any impact on the Tuxedo Lake reservoir.

The collective response to this suggestion was yes, and Trustee Kilduff suggested that they also add Warwick Brook and the Ramapo River, commenting that without the studies they really don’t know what feeds into what.

Diane Sugden commented that one of the reasons behind the formation of Sterling Forest State Park was to protect the watershed going into New Jersey and shield it from potential impacts.

Commenting that the document also references coordination with United Water, Trustee Kilduff wondered if there might be something more the Village could ask of United Water independently in order to verify what they see as the impacts being on their territory and system more broadly. This is their territory and in his view, just to coordinate with them does not seem like enough.

Mr. Golden responded that it would be reasonable to request that any correspondence between the applicant and United Water be forwarded to the Lead Agency for their review.
Trustee Kilduff then wondered if they should request the same for all the utilities.

Mr. Golden responded that usually these requests were only made in situations where communities felt it would important to see more of the particulars and that in his view, O & R would be much more objective and straight forward.

Trustee Kilduff wondered if the Village needed to be concerned about reliability on the grid, meaning would the Park’s power be shut down potentially during high peak periods in order to give the casino preference.

It was agreed that this was a valid concern but did not belong in the water supply section.

Wastewater –
Trustee Goodfellow commented that the resort would be releasing treated water and had clearly talked about treating to minimize impacts. She wondered what that meant and specifically where it was defined.

Mr. Golden responded that all wastewater that would be treated and then released would be considered a point source. This is something that is regulated by the EPA and through New York State. A permit will be issued by the DEC which regulates both the quality and the quantity of any wastewater point source.

Trustee Goodfellow responded that this would be very important in terms of the groundwater mapping because public health law prohibits any pollution in Tuxedo Lake. Therefore it will be very important to know where both storm and wastewater discharge is taking place and how it flows through the system to ensure that it is not entering the water supply.

Mr. Golden stated that there is a requirement under the storm water section that requires the applicant to study how they are going to direct storm water on the site.

He counseled that when the DEIS is released, this will be the most important time for Interested Agency and public input. At this point, potential impacts have been identified and studied and mitigations are being proposed. This will be the appropriate time to note that a particular issue has been studied, but not well enough. The Lead Agency will then have the power to tell the applicant that a particular study is not sufficient and either require them to study it further prior to the final EIS or, if they submit the EIS and the information is still not sufficient, the application will not progress to the Finding Statement.

Energy Use and Infrastructure Capacity –
It was agreed that this would be the appropriate place to insert Trustee Kilduff’s concern with regard to the grid and the distribution of power.

Trustee Guinchard wondered about generator power and specifically the noise that could potentially come from multiple large generators operating at the same time. Mr. Golden responded that this concern would belong under noise.

Trustee Kilduff wondered if they could ask the applicant to examine the feasibility of purchasing renewable energy credits or other economic carbon offsets to neutralize the carbon footprint of the project.

Mr. Golden responded that as an Interested Agency, the Village could ask the Lead Agency (Town Board) to look into this and then the Lead Agency would determine what should be studied along these lines.

Visual Character and Aesthetic Resources –
Trustee Gluck wondered if the site was visible from Inside the Village.

Mr. Golden responded that they didn’t know yet and the applicant has said that they will assess the view from various places including the Appalachian Trial, trails with scenic vantage points in Sterling Forest State Park and the Tuxedo Park National Register District. He suggested that because the Village is a large place and it matters very much from where the vantage point is taken from, that it would be prudent that the Village Board ask to be allowed to designate where those vantage points will be.

Trustee Kilduff wondered if the Board would be allowed to comment on mitigation suggestions.

The answer was yes. The applicant is required to provide mitigation for all of the issues that have an adverse impact. The current mitigations are, rather broad because the applicant does not know exactly what the impact will be.

Mr. Golden suggested that something about the impact upon the night sky be included as this is likely one of the biggest potential visual impacts for the Village. Therefore he feels it would be appropriate for the Village to ask the Lead Agency to have the applicant specifically address the impact on night sky lighting as seen from the Village.

From the audience somebody wondered whether or not a similar study had been done for Tuxedo Reserve. The answer was ultimately unknown, although Ulrich Pendl suggested that it had not been done.

Traffic, Transportation and Parking –
Mayor Neuhauser wondered if there were going to be a lot of people coming to the resort from NYC via the train and then picked up and ferried there by busses, whether trains and busses would be added to accommodate this increase in passengers so that the commuters would still be assured comfortable room on the regularly scheduled trains. She further pointed out that it is already difficult to maneuver about within the Train Station parking lot and wondered how busses to the resort from the station would be handled as this will have a direct impact on residents who are trying to move around Town.

Trustee Guinchard pointed out that the Harriman station would also be utilized. She agreed that the commuter impact needed to be analyzed.

Gerry Howard expressed concern with regard to volume of traffic on the Coach USA busses coming from the North, noting that they were pretty full already.
The Trustees agreed and reiterated that it would be important to study the commuter impact.

Michele Lindsay wondered about idling busses from the casino waiting for trains to arrive and the associated air pollution and noise. She wondered where such buses would even wait.
Suzanne Williams wondered whether a requirement could be made with regard to the size of these busses noting that she had seen photos of the ones they utilize in Queens and that they seem to be the largest busses available. If they attempt to park two or three in the lot, there would be a major problem for Tuxedo residents. She wondered if they could require the applicant to use small vans instead.

Trustee Guinchard noted that often times during the day there are school busses parked in the lot, which makes it extremely difficult to navigate from one side to the other.

Trustee Goodfellow commented that it would be important to study what the existing conditions are in terms of the number of commuters and the existing resources and then determine what the impact of the project would have on these things. She further wondered whether they would separate out automobiles from truck traffic when doing their analysis.
The answer was yes.

Trustee Goodfellow wondered if they separated it out in a way that would allow them to assess what the effect on increased truck traffic on the roads would be.

She further inquired if it would be separated out in a way that would allow them to analyze the effect that the increase in truck traffic would have on the roads and infrastructure aside from traffic.

Mr. Golden responded that he did not believe this was the case. Rather they come up with various assumptions based upon the applicants’ projections and the science of traffic engineering. They take this information and apply it and study it to the existing traffic and talk about the impacts and necessary mitigations. This may mean adjusting the hours of truck traffic or adjusting other things. It will not be a discrete study of just truck traffic as it affects the overall traffic flow.

Trustee Goodfellow noted that trucks generate a certain degree of wear and tear that is much greater than automobile traffic. Looking at the size of the project, one can see that there will be a lot of trucks coming in all the time.

Mr. Golden pointed out that the deterrioration of roads is normally something that is dealt with through taxes. One potential mitigation could be that the applicant will be required to repave every so many years.

Diane Sugden wondered if there was a differentiation between traffic during construction and after construction.

Joan Alleman suggested that the applicant is not going to be worried about the Tuxedo Train or Bus station, because neither can accommodate them. They will need to build their own facilities and run special busses and trains etc. They will not want to lose any time bringing people to Tuxedo.

Trustee Gluck suggested that the intersection of Tuxedo Road and Route 17 (Front Gate) should also be analyzed both with and without the assumption that there will be no toll at intersection 15 B as this will make a big difference in traffic.

Trustee Goodfellow pointed out that in exiting the Thruway at 15A, truck drivers avoid a weigh station, which in many cases is worth more than them to the cost of the toll.

Diane Sugden wondered what would happen if approval for the exit did not go through and was informed that this would be a “failure point” and that the project would not move forward without the toll.

Michele Lindsay wondered why the applicant was doing SEQRA for the casino before they did SEQRA for Exit 15B.

Mr. Golden explained that the pace would be different for the two processes as one will be handled by the State and the other through the Town. The applicant does not want to hold the application up waiting for the state.

It was ultimately agreed that they would ask the applicant to study what the conditions will be both with and without a toll.

Trustee Goodfellow pointed out that there was nothing in the document that addressed traffic on Sundays. The idea of construction happening 7 days a week was discussed. Because of the limited time frame for the project, construction will be permitted 7 days a week. Mr. Golden suggested that the Board request that the Town Engineer study Sunday traffic patterns to determine peak hours.

Mrs. Sugden wondered if there was anything in the document that specifically stated that if the exit did not go through, the project would not move forward, given the segmented SEQRA process.

Trustees Kilduff and Guinchard responded that had been noted in the Host Agreement.
Mr. Pendl stated that he had not seen it there. He feels that traffic will be a mess regardless of the exit. He thinks people will get off the Thruway at 15A anyway and flood the area, traveling along Long Meadow Road to reach the facility.

Mr. Golden suggested that they add a line stating that if 15B was not constructed that the project could not precede without a detailed study of the traffic impacts via a supplemental EIS.

Suzanne Williams wondered if the Village might issue a formal statement which suggests that they would no longer support the project if the full interchange does not happen and the 10 million dollars will be returned. She does not feel they should have another study. She believes this needs to be put in writing somewhere.

Mr. Golden responded that this would not be appropriate. The SEQRA review is only a part of the review that assesses the environmental impacts and the issue of whether or not the Town wants the project to go through with or without the exit is a separate decision making process.

Noise –
The issue of emergency generators was discussed and added to the document.

Trustee Goodfellow noted that noise from the Thruway could be heard throughout the Village.

It was agreed that the Village would be added to the list of areas where there would be a study of what the incremental increase in noise would be.

Gerry Howard also suggested that they more clearly define the impacts from the proposed amphitheater.

Jim Hays noted that there was no mention of air traffic however the applicant has talked about bringing airplanes into Greenwood Lake and there was even talk at one point about a heliport.

Trustee Kilduff pointed out that there is a helicopter restriction in the Host Agreement.

Ultimately it was agreed that a line would be added suggesting that if air traffic to and from the site were not analyzed, then no such traffic would be allowed until such a study via a EIS or otherwise was approved by the lead agency.

Trustee Goodfellow brought up the issue of noise generated at the site itself, specifically concerts as mentioned earlier.

There was discussion about the Town Ordinance regarding sound and it was determined that the casino would have to adhere to this. The Village does not have a sound ordinance and the idea of putting one together was also discussed.

Michele Lindsay wondered whether or not the Village would have the ability to select the areas from where the noise impacts were analyzed, similar to what they are asking for with the visual impacts.

It was pointed out that it would be difficult to determine how the sound from the project would travel vs. the sound from the Thruway. This will need to be analyzed.

Air Quality –
Mr. Golden pointed out that Air Quality is something that is a very specialized field and is very complex to study. He feels that what has been presented is thorough.

Diane Sugden wondered if dust was included in the analysis and the answer was yes.

Community Service and Fiscal Impacts –
Mr. Golden stated that the Fiscal Impact analysis was somewhat of an “odd duck” in the Environmental Review process according to the DEC. Most of the time, the fiscal impacts are studies in connection with the positive fiscal impact that a project may have to show that it will somehow mitigate some of the other adverse impacts. It is a different kind of environmental impact. Purely economic impacts are not analyzed here.

Trustee Guinchard suggested that the Village of Tuxedo Park be added to the list of areas that are being studies within the Town where they are studying the property tax base.

Trustee Gluck responded that this might not be such a good idea. Nobody knows where the study will go and what it will say, much less where it will end up. He does not think the Village will gain any useful information from such a study.

Mr. Golden agreed, commenting that there would be no control over what the report would say but they would have to live with the consequences. An adverse report about property values in the Village could affect the property values.

Jim Hays suggested problem gambling could be a drain on economics and the community itself. Problem gamblers borrow, steal and embezzle. This generates costs in the form of legal bills and enforcement costs. He wondered if this were the proper section to add this issue. It was determined that it was a socioeconomic impact.

Gerry Howard noted that he found it exceptionally weird that the only extensive reference to socioeconomics was to the employment level at the Renaissance Faire. He suggested that the matter of housing the many employees that would be working at the casino will have a major environmental impact. He commented that just 1 house has a big environmental impact. 100 houses will be a HUGE impact.

Trustee Goodfellow suggested that a discussion about this should take place.
Mr. Golden commented that there was a section dealing with growth educing impacts and this was briefly discussed.

Diane Sugden wondered if they could add something about security and all the extra expenses though would incur to make sure that the Village was safe.

Trustee Guinchard noted that some of the 10 million dollars would be spent on security.

Meg Vaught commented that it had been her understanding that the 10 million dollars would be used mainly for projects that served both the Town and the Village, namely water related issues i.e the Wee Wah Dam and the East Village Water Main.

Mr. Golden agreed but cautioned that there were no restrictions on the money and that it was for the Village to decide how it was spent.

The issue of hot bedding was discussed, where shifts of people lived in one house.
Uli Pendl noted that the monies coming to both the Town and the Village would be paid over a period of several years and that it is his belief that if the facility is not successful, the money will be cut.

Trustee Kilduff responded that there was a contract in place and that if this should happen, the developer will be sued.

Mr. Pendl indicated that he had a number of questions with regard to economic impacts and business.

Mr. Golden noted that these types of questions were not appropriate for the SEQRA process.

Trustee Goodfellow commented that certainly it would be ok for them to ask about the work force, where they would be coming from, how they would impact transportation and the existing resources in the community to house them.

Mr. Golden responded that traffic studies would address some of these issues and the growth inducing studies would address others.

Cultural Resources –
Nobody voiced any concerns above and beyond what is already addressed in the document.

Solid Waste –
This refers to how the garbage will be disposed of. Nobody voiced any concerns above and beyond what is already addressed in the document.

Socioeconomics –
This was previously addressed under Community Service and Fiscal Impacts.

Public Comments:
Michele Lindsay noted that the original plan suggested that there would be entrances to the resort that people could use without having to go through the casino however now; it was clear that there were several restaurants that could not be accessed without doing so. She wondered if one of the alternatives might be to have the developer return to their original plan.

Uli Pendl asked Attorney Golden for some clarification regarding mitigations. He read allowed a portion of the Host Agreement which states “provided that the costs of any mitigation measures that are required by the SEQRA process in connection with the project which also constitute Village projects shall be borne by the Village and if amounts therefore are paid by RW the project payment shall be reduced dollar for dollar by such payments.”

It was explained that this was a safety net put in place by the developer to ensure that municipal projects could not be indentified twice (once by SEQRA and once by the municipality) and subsequently paid for two times.

Gerry Howard stated that he believes the Village is in an unfortunate and ambiguous situation because they signed the letter of support and that he believes accepting the 10 million dollars was both hasty and unwise. Essentially, the Board has agreed that they will not voice any opposition in exchange for the money. He wondered if somebody could define the word “opposition” and wondered what would happen if something came up down the line that the Board wanted to negotiate. Would they be prevented from doing so because such negotiations would be viewed by the Developer was opposition? Would they then lose the 10 Million? He finds this to be both a strange and distressing situation. The Village should not have taken the money so quickly because in doing so their leverage has been taken away.

Trustee Kilduff stated that he had a different view of the project. He believes that the Village maximized their leverage by taking the money when they did, which they had to do because of the June 30 deadline placed upon the Developer by the State. 20% of the application was community support. The Town was going to give their support regardless and this was the Village’s change to receive some mitigation from the developer. The Casino has the Town’s consent regardless, to Trustee Kilduff it made sense that the Village should at least try to get something out of it.

Mr. Pendl stated that he believed most Tuxedo residents were against the project and that not signing the letter of agreement might have ensured that the project would be moved elsewhere. The potential benefits will not been seen for at least two years. He feels that the Town and the Village are going to be destroyed.

There followed a somewhat tense exchange between Trustee Kilduff and Mr. Pendl, after which Mr. Pendl left the meeting.

Michele Lindsay wondered if construction at the site could be limited but was informed that the tight timeline would necessitate construction 7 days a week. In fact, many municipalities where these projects have been proposed are altering their town codes in order to allow for this.

Mrs. Lindsay then pointed out that there was a United Water pump station located on South Gate Road which was connected to the aqueduct. She wondered how they could be sure that water from Tuxedo Lake would not be affected.

She was informed that Tuxedo Lake has been added to the areas of study and that this analysis will be part of that.

Mrs. Lindsay then wondered about the light impact from the proposed 7th floor Sky Casino.
Mr. Golden informed her that this would be studied and mitigated.

Finally, Mrs. Lindsay wanted to know if there were any way to prevent Genting from using the Village as part of their marketing scheme by referring to the resort as being modeled after the historic mansions in Tuxedo Park.

Diane Sugden commented that a great deal of wildlife will be displaced and that this will have an overall effect on various ecosystems. She wondered if this were being analyzed.

Mr. Golden responded that this was a good point, however he had never seen a Scope that required a generic look at ecosystems and is not sure they could require such a study as the only possible mitigation would be the no-build alternative.

Mrs. Sugden then asked about endangered plants and how they would be determining which of these were on the site.

Trustee Goodfellow pointed out that sometimes municipalities can send in their own people to do follow-up studies if they feel that the results of the applicants’ studies are in doubt.

Mrs. Lindsay noted that the scoping document states that the applicant will review conditions during all 4 seasons and wondered how this would be possible with the expedited review process.

Mr. Golden informed her that once the DIES was made available, the Town could make the applicant go back and re-assess if they were not satisfied.

The Village of Tuxedo Park will have a Special Meeting on Tuesday, July 29 at the Village Office at 7 p.m. The purpose of the meeting is to allow residents to add to list of concerns for the Scoping Document for the proposed Sterling Forest Resort/Casino to present to the Town Board. This document is an outline of the areas of environmental review that the Lead Agency for the Sterling Forest Resort (the Tuxedo Town Board) will require the Applicant to study and identify potentially significant adverse impacts and mitigation measures. These concerns will then be given to the Tuxedo Town Board at the SERQA Public Scoping Session on Thursday, July 31 at George Grant Mason Elementary School at 7 p.m. where these concerns will be received in writing to the town until 3 p.m. August 4, 2014.

All documents are available for review on the Town of Tuxedo's website www.tuxedogov.org, the link for the Sterling Forest resort is in the upper right hand corner.

Mayor’s Update:
Commenting that she was extremely proud of all the things that the Village had been able to accomplish over the course of the last year, Mayor Neuhauser thanked all the Trustees and Village Staff as well as both the Police Department and DPW for all of their time and effort and highlighted the following specific achievements:

New Vehicle Tags from the Police Department, an updated Police computer server, Orientation for incoming and new Trustees, development of the Strategic Plan, Comprehensive Reservoir and Lakes Management (and an ongoing effort to educate the residents), continuing efforts to improve service from O & R in the event of major storms, new cable and garbage contracts, development of a community welcome packet, new Police contract, ongoing I & I with Westin and Sampson, Warwick Brook Bridge (to be completed by DPW in August and development of a comprehensive deer management plan.

The Village will be getting quotes for new guard rails along Crow’s Nest Road. Additionally, they will be attempting to identify other spots in the Village where the rails might be “decrepit looking” so that they can remediate. This is an issue of public safety issue and the Mayor does not believe it will require the same large Yaboo Fence ones that were installed along Tuxedo Road, although the Warwick Brook Bridge will probably have rails by Yaboo on either side.

The Mayor expressed her gratitude to the DPW for the fine job they did in paving East Lake Road. Seeing as the roads over there are now “smooth and fabulous” she has asked the Village Police to be more proactive about writing speeding tickets. Speeding is unfortunately an ongoing issue all through the Village and Mayor Neuhauser noted that even on roadways that are partially closed, she has had to jump out of the way to avoid speeding vehicles.

The dumpster located at the Village Office was filled to over-flow this past weekend. There was trash everywhere and the garbage men were forced to spend 30 minutes picking up garbage by hand before dumping the dumpster two times to remove all of the trash. Moving forward, if there are residents who have an overwhelming amount of extra trash, they can call the Village Office, who will in turn contact the garbage company, who will send Billy in to pick up the extra garbage.

DPW Update:
Superintendent Voss was not present, so no update was given. Referencing the DPW monthly report, the Mayor commented that the Superintendent has expressed an interest in purchasing new vehicles on a yearly basis rather than waiting until it is necessary to purchase several in one big clump, which can be extremely taxing on the budget. With this in mind, he is asking for the purchase of a Ford F250 4-wheel drive pick-up truck with plough at the cost of $32,193.48 to be financed for 5 years. Following minimal discussion, the Board voted unanimously in favor of this purchase, as budgeted for in the 2014/2015 Village Budget.

Building Department Update:
Commenting that he did not have a written report to present, Building Inspector John Ledwith informed the Board that there were no building permits to be approved. That being said, there are several projects that are moving along including the Simon addition on Tower Hill, the Niblo project on Cliff Road and Peter Regna’s project on Mountain Farm Road. There are also some “pretty extensive” interior renovations that are going on fairly quietly and in compliance with the code. A written report will be submitted to the Board by the end of the week.

TPAG Request:
The Tuxedo Performing Arts Group has requested permission to host a musical event on Sunday, August 3 (rain or shine) at Tuxedo Park School from 4-9pm. Most ticket sales will be handled prior to the event and a list of attendees will be provided to the Front Gate as well. The Board voted unanimously in favor of approving the request.

Public Comments:
Steve Maurer expressed concern with regard to speeding, particularly at the intersection of Tuxedo, East Lake and East Lake Stable Roads, commenting that his kids walk there quite a bit and that he has had to jump out of the way of speeding vehicles merging onto Tuxedo Road on several occasions.

Mayor Neuhauser responded that the Village has several speed bumps and she recommended that they install one in that area.

There followed a brief discussion about the possibility of installing both Village owned speed-bumps within a close proximity to each other or stationing a police officer nearby the bumps in order to ensure that motorists maintain a slower speed rather than only slowing down momentarily. The Mayor will speak with Superintendent Voss about this within the next week.

Michele Lindsay inquired as to whether or not the Board had received her e-mail regarding the compressed SEQRA process timeline for the Sterling Forest Casino project.
The Answer was yes.

Mrs. Lindsay went on to say that at the Town Board meeting on July 14, a resident had asked the Town Board why they were rushing through the SEQRA process and the Town Attorney responded that there was no state mandated deadline for the SEQRA process to begin, but he indicated that the Town Board wanted to do whatever they could to make Genting’s application more competitive by getting as many of their approvals in place as quickly as possible. The draft scoping document was not released until July 21(yesterday) and the scoping session is on July 31, which is next Thursday. This does not give people much time to review the document. The Village is listed as an Interested Agency for the process, which generally means that they will be provided with copies of all submittals and will receive all notices of meetings separate from what is listed in the newspaper, although there is no legal requirement mandating this. Interested agencies and residents alike can submit written comments with regard to items they would like to see included in the scoping document until August 4.

Mayor Neuhauser commented that she had not finished reviewing the 33 page document, but that it seemed pretty thorough to her. She wondered if there were any major issues that were not represented in the draft that needed to be included.

Board Attorney Rick Golden stated that he had been waiting for directive as to whether or not the Village wanted him to officially review the document and provide advice.

Mr. Golden responded that he would do so. He further commented that the SEQRA process was not intended to focus on “everything under the sun” but rather to narrow it down to only those things on which there is some reasonableness that the project will have a significant adverse environmental impact.

Mayor Neuhauser commented that she had seen mention of a couple of species that she had never heard of before.

Attorney Golden replied that it was fairly common for the applicant to be required to study whatever species might be on the State’s endangered, or specially protected, species list…if there has been any sort of sighting or possible proof that they may exist on the site.
Mrs. Lindsay wondered if there was a chance that the Village might hold a meeting prior to the Public Scoping Session where residents could discuss issues that they felt might impact the Village. Such issues might include Community Life, Security, historical impact and land. “It’s not just water and air quality” she cautioned. “There are a lot of different impacts.”

Mr. Golden commented that clearly the Village had decided to be an interested agency and that he felt it made sense that they collect as much information as possible to fulfill that role in a meaningful way. To this end, if they want to set up a meeting, they could do so. They could then either submit written comments or have a representative attend the July 31 public meeting and give comments verbally, which often has a greater impact.

There followed a discussion about scheduling such a meeting and it was ultimately determined that there would be a Special Meeting would be set for 7pm on Tuesday July 29.

Audrey Perry requested an update from Building Inspector John Ledwith as to the situation with the neglected properties at the south end of West Lake Road. Commenting that the problem had been ongoing for 2 years, she stated that a year ago Mr. Ledwith had told them that the Village would be going to court over three trees that were coming from one of the properties (foreclosure owned by the bank) and endangering the roadway but nothing had happened. According to a letter written in September of 2013, the bank had 15 days to remove the trees or else the Village was prepared to do it.

Mr. Ledwith stated that he had notified both the bank and what was supposed to be the servicing company for the property in question, but the latter had been advised not to do anything on the property. The Village does not have legal proof that the property is owned by the bank. There is a tax company that has been paying the taxes, but nobody is admitting ownership or responsibility for regular maintenance. Several years ago somebody did come in and mow the lawn and clean things up a bit, but since that time, despite several threatening letters, nothing has happened. He believes he has done all he can do.

The Mayor wondered if the Village might have some recourse if Attorney Golden were to write a letter.

Mr. Golden responded that if in fact the trees were endangering the roadway, then there was a specific process the Village could go through, similar to the process they underwent with the Causeway Wall, in order to allow them to remove the trees. There are certain procedures that must be followed to afford the owner on record due process. If the Village sets it up and the owner does not demand a hearing and there is no apparent plan in place, then the Village has the right to come up with a plan and execute it and then it gets charged back to the owner via property taxes.

The Village Board of Trustees held their annual Reorganization Meeting on July 22, 2014.
Trustees Guinchard and Goodfellow were absent.

Mayor Neuhauser began the meeting by officially welcoming new Board member Paul Gluck, commenting that she believed he would be a great addition to the Board. She also welcomed back Trustee Kilduff and thanked him for his ongoing efforts as a Trustee.

The items on the Reorganization Agenda were then read into the record and unanimously adopted.

1. Call to Order
2. Pledge of Allegiance
3. Welcome New Trustees (previously sworn in)
4. Resolution- Appointments
5. Resolution - Employee Salaries
6. Resolution- Official Undertakings
7. Announce Board Meetings Days and Times per Open Meetings Law Requirement
8. Resolution- Schedule 2014 Reorganization Meeting
9. Resolution - Procurement Procedure
10. Resolution - Advance Approval of Claims
11. Resolution - Mileage Allowance
12. Resolution - Attendance at Schools and Conferences
13. Resolution - Designation of Depositories
14. Resolution- Village E-Mail Policy
15. Resolution - Village Voting Hours
16. Resolution- Rules ofProcedure
17. Resolution- Trustee Roles and Projects
18. Resolution - Advisory Committee Trustee Liaison Roles
19. Adjournment

[RW Orange County Letterhead]
June 26, 2014
Village Board of Tuxedo Park
80 Lorillard Road
Tuxedo Park
New York 10987

Dear Deputy Mayor DuPont:
This letter sets forth certain understandings between RW Orange County LLC (“RW”) and the Village of Tuxedo Park (the “Village”, together with RW, the “Parties”) with respect to RW’s application to the State Gaming Board for a gaming license under the Upstate New York Gaming Economic Development Act of 2013 (the “Application”) to develop and operate a destination casino resort (the “Project”) in the Town of Tuxedo (the “Town”), which encompasses Tuxedo Park.

In connection with the development and operation of the Project in the Town, the Town and the County of Orange (the “County”) will substantially expand their tourism base by providing services and overnight accommodations for visitors as part of a balanced economy and will expand the tax base of the Town and the County. Further, the Village Board recognizes the uniqueness of the Project, the qualifications of RW and the opportunity the Project represents to the Village. For these, and other reasons, the Village Board believes that the development and operation of the Project in the Town would have a positive impact on the Village and is in support of the Project.

Subject to the passage of the resolution (the “Resolution”) substantially in the form attached hereto at Exhibit A and the continued support from the Village of the Project, and provided that the Village does not take any action that is inconsistent with its support of the Project set forth in the Resolution, RW agrees to pay the Village $10 million (the “Project Payments”) for the Village to use as it sees fit in furtherance of and to accomplish Village improvement projects (the “Village Projects”), such as those set forth on Exhibit B upon the occurrence of the events set forth on Exhibit C; provided that the cost of any mitigation measures that are required by the SEQRA process in connection with the Project which also constitute Village Projects shall be borne by the Village, and, if amounts therefor are paid by RW, the Project Payments shall be reduced dollar for dollar by such payments.

This letter shall be construed and enforced in accordance with and be governed by the laws of the State of New York. The Parties hereby irrevocably submit to the exclusive jurisdiction of the federal and State courts in New York City in connection with any action relating to this letter, and waive to the fullest extent permitted by law, any objection to such venue and any claim that such forum is inconvenient.

IN WITNESS WHEREOF, the parties have executed and delivered this Agreement in counterpart originals as of the date first written above.

RW Orange County LLC, a Delaware limited liability corporation

By:
Name: Christian Goode
Title: President

Village Board of Tuxedo park

By:
Name: David DuPont
Title: Deputy Mayor

EXHIBIT A
RESOLUTION – VILLAGE BOARD OF TUXEDO PARK, NEW YORK IN SUPPORT OF THE APPLICATION TO DEVELOP AND OPERATE A DESTINATION CASINO RESORT ON LAND LOCATED ADJACENT TO NEW YORK STATE HIGHWAY ROUTE 17A IN THE TOWN OF TUXEDO BY RW ORANGE COUNTY LLC

On a motion by ____________________,
Seconded by ______________________, the Village Board resolves the following:

WHEREAS, on March 31, 2014, the New York Gaming Facility Location Board (the “State Gaming Board”) issued a Request for Applications to Develop and Operate a Gaming Facility in New York State (the “RFA”) pursuant to The Upstate New York Gaming Economic Development Act of 2013; and

WHEREAS, RW Orange County LLC, an affiliate of Genting Americas Inc., has entered into contracts relating to purchase of land in the Town of Tuxedo, County of Orange, known as Tax IDs 1-1-52.25, 1-1-36.32, 1-1-59.2, 1-1-52.26 and 1-1-37.2 on the Orange County website (the “Project Site”). The Project Site is situated on New York State Route 17A approximately two and one half miles northwest of the intersection of New York State Route 17 and New York State Route 17A; and

WHEREAS, RW Orange County LLC, its affiliates and principals, are qualified applicants with substantial experience in financing, developing and operating entertainment, restaurant and gaming facilities; and

WHEREAS, RW Orange County LLC has stated an intent to file an application with the State Gaming Board in response to the RFA (the “Application”) seeking a license to develop and operate a Gaming Facility, with a hotel and other amenities, including retail space and entertainment venues (the “Gaming Project”) on the Project Site. As a condition of filing its application with the State Gaming Board, RW Orange County LLC is required to demonstrate community support for its application; and

WHEREAS, the Village Board has discussed matters relating to the potential location of certain types of gaming or casino facilities in the Town of Tuxedo which encompasses Tuxedo Park; and

WHEREAS, the Village Board recognizes the uniqueness of the Project Site, the qualifications of RW Orange County LLC and the opportunity the Gaming Project represents to the Village; and

WHEREAS, by encouraging the development and operation of the Gaming Project at the Project Site by RW Orange County LLC, the Town of Tuxedo and the County of Orange will substantially expand their tourism base by providing services and overnight accommodations for visitors as part of a balanced economy and will expand the tax base of the Town and the County. For these, and other reasons, the Village Board believes that the development and operation of the Gaming Project at the Project Site would have a positive impact on the Village; and

WHEREAS, any such project, even if approved for a license by the State Gaming Board, would still be required to comply with the local planning, zoning and environmental review process for all appropriate approvals in order to ensure the protection of the health, safety and welfare of the residents of the community; and

WHEREAS, the Village recognizes a land owner’s right to develop and has no opposition to development, as long as the development is a responsible one that complies with the all applicable laws and ensures proper protections of our cherished resources and that the public interest is protected; and

WHEREAS, the support of the Village Board is contingent upon the negotiation and finalization of (i) a Host Community Agreement between the Town of Tuxedo and RW Orange County, LLC and (ii) a letter agreement between the Village of Tuxedo Park and RW Orange County, LLC relating to community benefits to the Village of Tuxedo Park, all on or prior to June 30, 2014; and

WHEREAS, the Village Board is in support of the Gaming Project and RW Orange County LLC’s Application to the State Gaming Board for a license to develop and operate the Gaming Facility at the Project Site; and

NOW THEREFORE IT IS HEREBY RESOLVED, that in furtherance of the above goals, the Village hereby agrees to the location of the Gaming Project on the Project Site within the Town of Tuxedo, and

BE IT FURTHER RESOLVED, that the Village Board of Tuxedo Park supports the Application to be filed by RW Orange County LLC with the State Gaming Board for the development and operation of the Gaming Project on the Project Site and supports and encourages the development and operation of the Gaming Project on the Project Site by RW Orange County LLC and its successors and assigns, and

BE IT FURTHER RESOLVED, that this Resolution is intended to satisfy the eligibility requirements of NYS Racing, Pari-Mutuel Wagering and Breeding Law §
1314(2) and specifically to satisfy the condition of local support for the gaming license applicant, and

BE IT FURTHER RESOLVED, that the Village Clerk is hereby directed to forward a copy of this resolution to the State Gaming Board and the Clerk of the Town of Tuxedo and moves its adoption.

a.         $4,500,000.00, within three Business Days following the first date (the “Commencement Date”) on which both of the following have occurred: (i) the State has awarded RW a Gaming Facility License with respect to the Project and (ii) the Village is not in violation of the terms hereof;
b.         $3,000,000.00 on or before the first anniversary of the Commencement Date; provided that all approvals necessary for RW to commence and continue construction of the Project remain in effect, RW is not legally prohibited from continuing with the development of the Project and the Village is not in violation of the terms hereof; and
c.         $2,500,000.00 on or before the second anniversary of the Commencement Date; provided that, all approvals necessary for RW to open the Project to the public or to continue construction, as applicable, remain in effect, RW is not legally prohibited from opening the Project or continuing with the development of the Project, as applicable, and the Village is not in violation of the terms hereof.

The Village Board of Trustees held a special meeting on Thursday, June 26 at 8am for the purpose of discussing their intent to sign a letter of consent for the Sterling Forest Casino Resort. All members were present.

Mayor Neuhauser opened the meeting by stating that in light of negotiations that had gone on until the “wee hours of the morning” the Village had come into a very different agreement than what was originally proposed. Because of the issues the Village had with the way that monies from the Developer would come to the Village via the Town Board, it became apparent to them that another deal needed to be struck if and when Genting receives a license for the Casino. Following negotiations, they are now in receipt of a letter of agreement between the Village and the developer directly, in which Genting has agreed to pay the Village 10 million dollars, which would come in three incremental payments – 4.5 million when they initially receive their gaming license and then 2 further payments over a two-year period dependent on various approvals etc. It became very apparent during various negotiations within the Town Board with the original plan there was a good chance that the Village might not receive anything at all should the project move forward. Commenting that although she might not agree with his opinion, the Mayor noted that Supervisor Rost had been put in a very difficult position and that she respected him and his views. Moving forward, she believes that they will be able to work together to help make the best possible situation for this community whatever the outcome is. Considering all the time that they have all spent putting aside everything else that they are supposed to be doing as elected officials to deal with this situation, the Mayor fully intends to write letters “from Governor Cuomo on down” about the process, which she believes has been seriously flawed and incredibly unfair to all the residents.

Dena Steele thanked the Mayor and the members of the Board for all the hours they had put in fulfilling their responsibilities. She went on to say that she had first learned about the possibility of a casino in Tuxedo at a Village Board meeting and her initial response whas that it was a ridiculous idea that would never come to fruition in Tuxedo. She was dismayed to discover as time went on that people she liked and respected were in favor of the plan and that the Town was actively pursuing approvals to make it happen. Initially she was most concerned about the environmental issues (extreme number of people swarming the area and the effect of this on the watershed, potential invasive species, the trees) and the security issues (she has read that the costs of dealing with increased crime in areas with casinos is $75 per person, which comes out to $46,000 for Tuxedo which comes out to about 4 million dollars perpetuity. She hopes this cost has been built into the Village’s wish list. Based on the 2008 deer study, the cost of putting a fence around the Village would be $750.000…(another million-dollar item for the wish list) but what really troubles her now is that the revenue they will be using to meet the budget, lower taxes and fund the school will be generated in a significant measure from casino patrons who are pathological gamblers. According to the Department of Justice, casino’s attract addictive gamblers that account for 50% of the casino’s revenue and much of the crime. Addicted gamblers are desperate. 1 out of 5 attempt suicide. Those lives will be paying for this wish list. Ms. Steele truly believes that with a mandated effort Tuxedo could generate an economic plan that would utilize and enhance the unique qualities of this Town so that in 10 years residents can still see the stars at night, know the name of the ambulance driver who comes when they are in trouble, and feel safe when the children play outside. She knows that if the town pursues an economic development that they can be proud of, in 10 years residents will still love living in Tuxedo Park. They won’t have to be ashamed to say that they contributed to ruining people’s lives in exchange for a wish list and lower taxes. Nobody should have to feel ashamed of living in Tuxedo Park.

Ann Gladding began by publicly congratulating Town Councilman Kristian Matthews for taking the independent and courageous stand to vote against the project twice. She fully supports Mayor Neuhauser’s position in terms of the process. The reason that she is opposed is that most of the sites that are being talked about do not have the infrastructure needs that this one does and they are not being sited in the middle of Parklands or wetlands. She wondered how a proper review could be done in two years time. Two out of the twenty-five people who spoke before the Town Board on Monday night talked about fear of change. In her view, this is entirely off base. She is not opposed to change in fact she believes it is both good and healthy. Considered change is necessary though and a proper review process must take place. Tuxedo Farms is coming on line this fall. Years and years were invested in the planning of that project to make sure it would be done correctly. She believes that Tuxedo is the wrong place for a casino. There is no time to go through the proper review process and do things correctly. Everyone has stars in their eyes because the money is great, but it’s not good. She doesn’t believe that the Village needs to vote against the resolution, but she implored them not to send a resolution forward that supports the project.

Jean Connolly-McGreggor, a summer resident, stated that she disagrees with the idea of moving the project forward and she disagrees with the idea of the casino in general. She is the mother of three sons and a retired teacher of 35 years, whose primary residence is Miami, FL and where they have casinos. Her sons know of kids who were permitted to gamble with regularity in these facilities (at the poker table) at the age of 18. According to several articles that she has read in various publications, 18-21 year-olds are 3 times as likely to develop gambling problems and the issues that go along with them than any other age group. She is concerned that the Tuxedo High School’s close proximity to the casino could make it a potential lunchtime destination for kids and that this is another important aspect that must be considered.

Delores Marchand read a statement into the record. She is opposed to the project. The amendment voted on last November was supposed to bring jobs to depressed areas of New York State and, in her view, Tuxedo hardly qualifies as depressed. The unemployment rate here is low (aprox 138 people) as opposed to parts of Sullivan and Ulster counties that are truly depressed. In en effort to better understand the project and its’ potential implications for both the Town and the Village, she has attended many of the Town meetings where she was dismayed to discover that they really were trying to build a casino in a pristine watershed region and that it is being forced upon the people despite 2-1 opposition. She was particularly dismayed by the meeting with the consultants when they did not mention even one negative impact of the casino on the Town and later even more dismayed when the Board members had no questions for them at all. It seems to her that the Board is not at all concerned about the town and its’ residents, and all of the protests seem to be in vain. At a meeting two nights prior, 20 residents had spoken eloquently against the project, after which the Board voted in favor of adopting a zoning change that it is not required, but will make things easier for Genting. They are putting the corporation ahead of their own constituents. She can see no benefits from this casino, but many ill effects. When the project was initially presented the size was 1 million square feet, 3-400 rooms and 4,000 parking spaces. This is what was approved by the Town Board. By last week it had grown to 1.4 million square feet, 1000 rooms and 8,000 parking spaces, but the Board did not question this. She wondered how much more it would grow before it was actually built. She also believes that the traffic generated from the simultaneous construction of the casino and the thruway exit is much more than our town can handle. Sterling was preserved as the watershed region for 4.5 million of New York and New Jersey at great expense to taxpayers and private citizens. To put a casino in this area would be, in her view, an environmental disaster.

Research has shown that having a casino in the area lowers property values, brings crime and preys on those most susceptible, bringing in the need for social services, extra police and firemen. Who is going to pay for this? Since Tuxedo will not have enough of the thousands of workers they will need to staff the hotel, where will they come from? Will existing homes be converted into multi-family dwellings to house them and will our schools be able to handle the amount of new students this will bring? What happens in 7 years when even more casinos are built and Tuxedo’s becomes obsolete? What if it goes bankrupt? Considering that it will take two years to build, this leaves only five years to turn a profit. She is not against development and she believes that Tuxedo could be revitalized with something that would benefit all residents, not destroy neighborhoods and friendships.

Michele Lindsay read a letter of opposition written by Jeff Marchand into the record.
She then expressed her own concerns regarding the expiration of the 7.5 million dollar guarantee from the State at the end of a 7-year period after which casinos can be constructed in Zone 1. Additionally, A&M reports that Genting estimates that will pay 3.5 million in annual property taxes but if the gaming facility is not doing well after 7 years, the taxes will surely grieved and lowered. She further commented that she thought it was “way off the mark” to suggest that people who were opposed to the casino wouldn’t appreciate the benefits that 10 million dollars might bring to the Village, but what they had to go through to get the money was not ok. Would 10 million even be enough? While she is happy to hear that relations between the Mayor and Supervisor Rost are good, she remains concerned about the process of allocating the funds through the Town and the possibility that the Village might not see anything.

Deputy Mayor du Pont pointed out that the new agreement removed the town from the equation in that regard and that the money would now be coming directly from Genting.
Trustee Kilduff added that additionally the real estate tax would never go down.

Mrs. Lindsay responded that she was not aware of this because she was not privy to the new agreement.

There followed a brief disagreement among members of the Board and public about what was in the agreement and what was not and alleged misrepresentation of the facts.

The Mayor pointed out that it was important to consider that the Board had only just received a copy of the agreement at 10pm the night prior. She has not had adequate time to really absorb all the details. For the record, she stated that when the Board had put together their wish list, every project on there was for the benefit of both the Village and the Town and these are the projects that will be paid for if and when the 10 million comes to the Village. This is a direct agreement between Genting and the Village and the Town will have no say whatsoever.

Jim Hays asked the Village Attorney whether a Host Agreement was any more binding than a Special Permit and he was informed that it was.

He then wondered if the Host Agreement could be renegotiated and was told that there were provisions involved that allow for written amendments.

Dena Steele commented that having lived with a workout banker for many years she had come to realize that quite frankly nothing is guaranteed because (as Detroit found out) the court takes over. They can say something is guaranteed in perpetuity and they may even put it in writing but if they don’t have the assets and they go into bankruptcy, no matter what legal rights the Town has the court will over ride them and they will decide.

Speaking to the wish list, Trustee Goodfellow commented that when they had originally been asked to provide it, it had been in response to the Town’s desire to have input from interested parties over the kinds of issues that each of them might like to see the project bringing to bear on their particular interests. It was in no way meant as a negotiation between the Village and The Town. It was meeting part of the requirement set forth by the state in that the casinos demonstrate that they are providing value and support to the communities they want to enter. She finds it interesting that Genting’s proposal surrounds that list rather than a proposal that is centered around the impact of the project on the Village and their interests and different from a negotiation around the value of Tuxedo Park’s support of such a project.

Michele Lindsay asked for some clarification as to the guarantees and Trustee Kilduff provided her with one.

(To see a complete over view of the Agreement as spelled out at Wednesday’s Town Board meeting, click here.)

Dan Gladding inquired as to whether the 10 million was over and above Genting’s other guarantees to the Town and he was informed that it was.

Mayor Neuhauser reiterated that the funds would be used for municipal projects that benefited both the Village and the Town, primarily water related (the Wee Wah Dam, the East Village Water Main etc)

Trustee Kilduff reported that the previous evening it had been disclosed that the Town would be receiving 47.2 million dollars – 45 for municipal projects such as these and an additional 2.5 for police cars, fire trucks and other necessary service vehicles. Combined with the 10 million for the Village, this brings the total to 57.2 million in grant monies to the community.

There followed some discussion among the Board members with regard to the process they had been through over the past several days.

Jim Hays commented that two nights prior many residents had come before the Board and expressed valid concerns with the project. It seemed to him as though 3 of the 5 Trustees were in favor of signing the letter and he wanted to ask them if all the concerns that had been voiced made no difference at all. Do they really think that the 10 million dollars is worth what so many people see as community degradation? Doesn’t it matter?
Commenting that he could only speak for himself, Deputy Mayor du Pont stated that he believed that Mr. Hays was framing as though a negative vote on signing the letter would have an impact on a casino being built within the Town of Tuxedo and they have been told that it will have no impact at all.

Mr. Hays responded that Tuxedo Park was a rather famous place and he believes that their vote might have some influence in Albany. Signing the letter gives the impression that this is what the people want, but it’s not.

Michelle Lindsay wondered if the Village had looked at and compared the cost of municipal bonds at low interest rates for 30 years and financing that.

The Deputy Mayor replied that the Village could not possible issue 10 million and maintain their AA debt rating. To get 10 million with no strings attached as it relates to capital expenditures and not have to pay anything for that, gives the Village the ability to look at projects that were once considered long-term and also to retire some debt.

Trustee Goodfellow commented that she believed it was correct that a Tuxedo Park endorsement would carry weight with the Gaming Commission. 20% of what they are looking for is community support. The Villages’ listing on the National Register of Historic Places is something that was hard won and something to be proud of. It also has great marketing value for Genting. While she does not believe that anybody on the Board thinks that gambling is a good business for the Town, she thinks that it has been easy for them the become distracted by “pretty colored band aids” for something that is going to forever impact our community. Everything that she has read has suggested that home prices in the area surrounding casinos decrease by anywhere from 10-30%. The $10 Million deal that is being offered is only about 2% of the real estate value. What will happen when and if the Value of the Tuxedo Club, one of the Villages largest taxpayers, decreases because they have trouble attracting membership? What about the schools? She believes that the Board has an opportunity to aptly make a resolution, which is not in support of the project.

Trustee Kilduff commented that he had not been present at the initial meeting where Peter Regna disclosed that there was a casino proposed for Tuxedo. Rather, he found out the next day when Supervisor Rost called him and told him about it. The reason the Supervisor called him was because of his history with battling the Tuxedo Reserve project. He was provided the opportunity to sit down with Colin Au from Genting and he took it. His game plan was to do what he could to shape the project and maximize the benefit for the Town and the Village and make sure that the Village gets something out of it for once. From there he discovered that Tuxedo had really lucked out because Genting is the most deep pocketed organization of all the bidders out there. Tuxedo could have had a real crap project proposed. The area where the resort is proposed is a commercial zone. There are other commercial buildings up there. The area where the casino will be built is already barren. It is an old landing strip. There are no trees there. The ski center is dying. In his view, Tuxedo does not have the infrastructure to support a lot of the vice crimes that people are worried about either. Patrons will not be able to walk a block away and hide out and smoke crack in an ally. It’s just not an urban setting. The decision is not up to the Village, it is up to the Town. Supervisor Rost stood up for the Village of Tuxedo Park and ensured that they would receive benefits from the Developer. If nothing else, Trustee Kilduff feels that he needs to support that.

Deputy Mayor du Pont commented that what he felt really hurt was that this issue was dividing the community, but he believes in his “heart of hearts” that whether they sign the letter or not, it will not have impact at all on the Town’s decision to host a casino.

Change is going to come to the area regardless of the Village’s decision. He wants to make sure that if that is going to happen, that the Village will get something out of it, on the theory that something is better than nothing.

Trustee Guinchard commented that she had a different take on it and reiterated that the whole process had been a long and thought out one for all of them. This project is relative to everyone in the community. It is important to remember that the Board is not voting on endorsing the casino in principal…that vote was already taken by the Town.
As members of the Town, we will feel the burden of the casino. There is no doubt about that. Likewise, we will reap the benefits of payments made to the Town. Albany has made the decision to site a casino in Orange County and she believes that if it is built in another area of the County, Tuxedo will still see negative impacts in terms of increased traffic, but will not receive any benefits from the project. Speaking to Mayor Neuhauser’s earlier points about the original intent of the law law being to aid destitute areas in Sullivan and Ulster counties, she commented that Albany has determined that Orange County is also suffering and will be included in that group. The only way for the Village to guarantee that they would receive monies was to make a direct deal with Genting, as it was becoming increasingly obvious that they might not receive anything from the Town. In her view, signing the letter is not saying yes to the casino, it is saying yes to a tax. For her, part of being an elected official is to be responsible for the taxes and to do everything possible to make sure that they do not increase. There is a vocal group of residents in the Village who are against the school tax all the time, for whatever their reasons may be. Here is a way to possibly decrease taxes and help the tax structure. That is what they are voting on. People keep about talking the hurt counties of Ulster and Sullivan and everyone agrees that they are suffering, but she believes Tuxedo is suffering too and the only reason that they do not “come up on the radar for truly suffering” is because the Village adds to the tax base. The Village is 45 percent of “their” tax structure and those economics make them “not look so bad” but “they are suffering equally as badly as the other counties are suffering.” She went on to say “They see it as their reason to not always feel as though they are being ambushed. They get voted down all the time with their school taxes. They need their school. They need to feel that the Village is not always going to come upon them.” She believes that the casino will provide the Town with a little more financial independence with which to support their schools and “support all the programs that they are needing in their community without the fear that the Village will vote them down on everything.” Maybe their school budgets will not have to go up anymore. Maybe the money from Genting will allow them “to get to where to where they need to be in their community for the education of their children.” She believes that if the Board votes against signing the letter, they are in principal voting against the taxpayer.

This was met by a chorus of “not me” from several audience members and somebody suggested that Trustee Ginchard would be voting yes because it is what she wants and that this does not represent the overall view of her constituents.

She went on to point out that the area in question was commercially zoned land and that if the Casino did not move forward there was a real possibility that it could go to a “negative impact group.” She cautioned that this was a very real possibility and that these groups are already hovering and waiting, as they have been for years. They are all around waiting. The casino is the lesser of two evils in her mind. Land will be given back to the community as part of the deal and this land will provide a buffer around the Village.

What is before them is not a bribe, it is a business deal. This is the first time that a casino is being required to give back to their host community before construction even begins. At the Board meeting on Tuesday evening, Jim Goodfellow has asked what the Village’s guarantee would be and the Board had gone out and gotten a guarantee in the form of this agreement. They will not have to rely on the Town. Supervisor Rost really put his neck out to help achieve this. The projects that will be funded with the 10 million will be a service to the taxpayers. In her view, their vote will not affect Genting’s overall appearance of community support because they already have the Town’s support. That train is gone. Everyone is suggesting that the Town is selling out, but they need to survive. That is the reality. Will the project survive? Nothing is ever for sure in this lifetime, but the Village Board has been provided an opportunity to lower taxes and she does not see how they can turn it away. She once again reminded everyone that the economics in Tuxedo Park were not representative of the economics elsewhere. Most of America is struggling to make sure that they can even put food on their kid’s tables and create schools, which will provide hope for tomorrow. She believes that because of its close proximity to NYC, Orange County is the best place for a casino. Clearly, Albany feels this way too. Does she feel that this project is a good idea? Absolutely not! But, as an elected official, but that is not what they are being asked to vote on. Rather, she believes they are voting in the best interest of the taxpayers. Nobody’s comments are being taken lightly. She is sad that this might divide the community. “We can be right or wrong, but at this point in time we have been dealt what we have been dealt and it is what we have to deal with.” She really hopes that everyone can maintain a level of respect for each other at the end of the day.

Trustee Goodfellow stated that she agreed with Trustee Guinchard in that Tuxedo Park is a different sort of community and it is a privileged one. She feels they have the luxury of doing the right thing. She disagrees that a “yes vote” would not be a vote for the casino, because in point of fact, the Genting agreement specifically says that it is. What the Village is looking at is a 10 million dollar price tag for the marketing value of this community. She for one does not think that 10 million dollars even begins to compensate for what the value of this community is and she absolutely believes that voting yes is taking a very shortsighted view for what will happen to the community…the financial impacts alone…. over the long haul. She feels that the Village has been given an extraordinary opportunity to exercise some real leadership. At the end of the day, who even knows if Tuxedo will be selected as the site, but the Village’s vote will support the casino if the letter is signed.

Trustee Guinchard responded that she agreed with this but pointed out that the Village was not the Host of that support.

Trustee Goodfellow replied that even so, the Village’s support would have an impact on it.

Mayor Neuhauser stated that she considers herself a public servant and that what she reflects in her voting and what she feels is of the utmost importance is to follow the wishes of the residents from the place that she is serving.

Trustee Goodfellow commented that she felt this was a “very sad, sad day: and that a 10 million dollar price tag for this community was so below what the Village is worth both monetarily and morally, especially when they consider what this business would be supporting.

Trustee Guinchard pointed out that the racetrack used to be in full operation and that gambling was once present in the Village.

The Board then voted 3-2 in favor of the resolution with the Deputy Mayor and Trustees Kilduff and Guinchard voting yes and Mayor Neuhauser and Trustee Goodfellow voting no.

A motion was then made to accept the Letter of Agreement between Genting and the Village and the Board voted 3-2 in favor with the same breakdown as before.

WeeWah Beach Club Request:
The Board discussed the Wee Wah Beach Club’s recent request to allow Little League Coaches, School Board members and Scout leaders along with their families eligibility for membership. The lease agreement, which clearly spells out the membership requirements, was revisited and read aloud.

The Deputy Mayor stated that although he was stepping down, he believed that the Board did need to be concerned about the issue of the gates and that in his view; the real issue is how things are currently managed. He believes that the Club should go back to a lot of the recent members who have not signed up again and ask them why. He also feels the Club needs to do a better job of letting residents know that membership is available. While they are starting to cut back there August hours in an effort to save money, he honestly believes there are management issues. He used to be on the Board. He cautioned that the Village needed to be very careful about broadening the number of people who are not residents who are allowed into the Village.

The Mayor wondered if there were any School Board members, Little League Coaches or Scout leaders who were living in the Village and were not members.

The Village Attorney cautioned that the Board might want to take more time to think about this.

Trustee Goodfellow agreed commenting that it was a complicated issue and that the Deputy Mayor had raised some very important management issues that needed to be consider, as does the issue of the gates. She believes it is time for them all to sit down and talk about this private club and it’s place in the Village community as well as the greater community and how this all relates to the gate. Specifically what kind of membership policy works best to help support and make vibrant this very very resource. Following some further discussion the Board agreed to table the vote.

The Village Board of Trustees met on Tuesday, June 24, 2014. All members were present.

Mayor’s Update:
Mayor Neuhauser began by congratulating recent Trustee Elects Paul Gluck and John Kilduff on their victory the week previous. Their terms will officially begin on July 7, with their first meeting/annual reorganization meeting to take place at the end of July. She also wished a fond farewell to Deputy Mayor du Pont, who has put in a great deal of time and effort on the Village’s behalf. Over the years, Trustee du Pont has served with 15 different Trustees, 4 Mayors, 3 Police Chiefs, 2 DPW Superintendents and 2 Village Attorneys. Commenting that Village Attorney Rick Golden has referred to the Deputy Mayor as “the epitome of a public servant whose intentions are always of the highest order for the greater good of your residents” the Mayor expressed her gratitude on behalf of the Village. This was met with both a round of applause and a standing ovation.

Deputy Mayor du Pont thanked Lili for the recognition stating that it had been both a privilege and an honor to serve and that it was great to be able to give something back to the community.

The Village continues to work with engineers Westin and Sampson on the Warwick Brook Bridge project. They are hopeful that it will be a simple and relatively quick project to complete and that the DPW will be able to do it themselves over the next two months so that once school re-opens, there will be a safe passageway for all busses and traffic.

The Mayor then stated that because there was such a large crowd present, presumably to voice their thoughts on the Casino project that they would move right into Public Comments before addressing the rest of the evening’s agenda.

Public Comments:
Dena Steele began by asking the question “Why is the Village of Tuxedo Park voting on a letter of support for the Sterling Forest Resort?” She wondered if it was because Genting (the developer) had asked for one, and if so, why they needed such a letter from the Village. Is their intent to “waive” it in front of the Gaming Location Board claiming that the National Historic community of Tuxedo Park is in favor of the 1000 room hotel? Is it because the Village would like to receive a “wish list” of municipal projects funded by Genting? If these are the reasons for the letter, she wondered if they were worthwhile ones. To her, the question at hand is not whether or not the Village should sign a letter of support, but whether or not a casino in Tuxedo is a good idea. Will Sterling Forest Resort improve property values? This seems to be an important issue for residents in the Village. Citing a recent article (5/18/14) from the Dismal Science Journal of Puny Education written by Jud Smith of the National Association of Realtors, she stated that casinos are a nuisance on home values and that the impacts on residential real estate values are negative. The positive benefits are minimal while the negatives are substantial, including crime, traffic and congestion. Earlier that day, Ms. Steele went to talk with Town Consultants A & M and was told by their representative that once construction for this project began, the traffic would be awful for at least a couple of years. Also impacting the real estate prices will be the low/middle income housing that will be necessary to house the employees. According to studies, the high-end employees usually do not remain in the area indefinitely but rather come there long enough to train new employees and get things started. Will the casino save the school? Ms, Steele has heard that Genting only intends to stay here for 7 years until they get a better opportunity, such as a casino in NYC. Their guarantees of support will only last as long as there is not another casino built in Region 1 (Rockland, Westchester and NYC) and with those licenses becoming available 7 years down the pike; the likelihood of ongoing support is not good. Genting might make the school and the tax rates better for a few years, but then they will leave and what will the people of Tuxedo be left with? Will the Casino improve Tuxedo’s Downtown area? Experience shows that casinos tend to suck customers away from downtown areas. For Ms. Steele all the shifting statements that have been coming from Genting regarding the interchange status, the commitment to the school district, the number of hotel rooms, the town wish list and other matters regarding the resort are proof enough that Getting’s long-term interests are not the same as the Town’s long-term interests and certainly not the long-term interests of the Village. If the Board moves forward with a vote of support, the Village will only be helping the Casino to take one step closer to being a reality in Tuxedo. Ms. Steele fears that in Getting’s commitment is truly only 7 years at most, the community will be left with a “white elephant” that a lesser quality developer/operator can take over or even worse, another Religious World Headquarters. She does not feel it is worth it to jeopardize the character of the town. There is an opportunity to really create something worthwhile in that area by developing an economic plan that both enhances and preserves the qualities that the residents love about Tuxedo rather than becoming just another exit off the interstate (if the interchange actually happens) and being known as “The Casino” the same way Vernon came to be known as “The Playboy Club.” She doesn’t understand why anyone would want to sacrifice all of the positive aspects of Tuxedo just to have a casino that will benefit our schools and possibly keep taxes down for a few years only. Having said this, she respectfully asked the Board to vote no on the letter of support.

Michele Lindsay also wondered why it was important for the Village Board to adopt a Letter of Support for the casino. Do they feel they need it to make sure they get the items on their wish list? There are several things that make her uncomfortable about this. First, she suggested that the Village solicit the residents’ feedback as to what should be on that wish list. Secondly, she commented that at the BOT meeting in May, she had expressed her concern that the Board should protect the Village from the negative impacts of the casino. At that time Trustee Goodfellow had asked the Village Attorney, Rick Golden, for guidance and he suggested that the Village request to be considered an Interested Party in the SEQRA process. Mrs. Lindsay appreciates that her concerns were taken seriously and that the Village will hopefully be given at least access to information during SEQRA, but what still disturbs her is that she doesn’t feel that the Village is being protected from the negative impacts…even if they do get money for needed repairs to the Wee Wah dam and other important projects. Mrs. Lindsay believes that last Wednesday’s presentation by the consultants made a mockery of legitimate concerns. One of the consultants from A&M gave an overview of the revenue the Town could expect from the casino, but when asked for details of expenses responded that they had not been instructed to look at the expenses. What kind of impact study doesn’t take expenses into account? A&M’s analysis of the factors that will impact property values was woefully inadequate and when asked how the properties in the northern section of town would be affected, the presenter said their prices would go up! A&M did acknowledge that the long-term viability of the resort and, more importantly, money from Genting was not guaranteed after 7 years. For her, this is reason enough to advise against allowing the casino! She is concerned that the weak presentation from A&M has not been challenged. She fault’s Supervisor Rost and Trustees Phelps and Loncar for accepting what she called a “pathetic work” on the town’s behalf. She would like to see the Village Trustees stand up for the long-term protection of the Park.

She implored the Board not to issue a letter of support, commenting that she believed it would only strengthen Genting’s application before the Gaming Commission and was certainly not a required step in the process. If the Board feels that the Village will not receive funding for their wish list of projects unless they issued the letter, she believes this should tell them something about the trust-worthiness of both Genting and the Town Board. She asked that the Board not treat the residents in the same way that the Town Board was treating them and that they provide the public with the courtesy of a discussion and explanation of their views on these matters, particularly the analysis presented by the Town Consultants.

Jim Hays commented that he had spoken in recent weeks to the Mayors and Supervisors in several nearby towns and Villages and he asked them whether they had been asked to give such a letter of support and none of them had been. Mr. Hays asked these officials whether they would issue a letter if they were asked and they all said absolutely not because their constituents were divided on the issue and their municipalities would not receive any benefits from the project so it was a lose/lose proposition as well as political suicide. Mr. Hays thinks things must be different in the Village and that there must be another reason. He wondered if it were the wish list as suggested by Ms. Steele and Mrs. Lindsay. If this is the case, then that list becomes a bribe for the letter of support, which he feels is highly questionable as there is no guarantee that the Village will actually get anything that might be on the list. The Board has not yet seen the Host Agreement, so they do not know if anything on their wish list has even been included in that agreement and if not then there was no assurance that Genting would follow through after the receiving the Village’s letter of support. He cautioned that the letter was all that the developer was after and that they would give as much as they thought they had to to get it, but once they received it they would not give anything more. He likened the Town Board to deer staring into a car’s headlights, commenting that they were blinded by the up-front tantalizing gifts and could not see beyond them to what is down the road two or three years from now. Gambling has cycled in this country. In the early days, everyone gambled but by the year 1911, every state in the nation had outlawed it. There was no gambling anywhere until the 30s when Nevada made it legal and then the 70s in Atlantic City, followed by the Indian Reservations. Mr. Hays believes that this trend speaks to the negative effects of gambling. These effects were so bad that all those states outlawed it. One of the most prominent negative effects is problem-gamblers. Citing the book GAMBLING IN AMERICA COSTS AND BENEFITS, which he defined as “a rather sophisticated economic analysis of various communities where gambling has been made legal” Mr. Hays commented that he had hoped that the Town Board would have engaged their consultants to put forth a similar analysis, however the consultants had come to the remarkable conclusion that the casino would probably be viable for 7 years. Surely Genting would not have proposed putting the resort in Tuxedo unless they had already determined its viability” This is no news at all! It’s nonsense! Mr. Hays suggested that the consultants had probably gotten this information, along with most of the analysis they presented from Genting themselves. He expressed concern that, similar to the situation with Tuxedo Reserve, the consultants had simply gotten together with the developer when preparing their report. Problem gamblers, he cautioned, are serious and cause great harm to communities. In the community immediately surrounding the casino, it is likely that 2.5 to 3 % of the locals who gamble there will become “problem” gamblers. These types of patrons are extremely important to the casino operators as they account for 25-40% of the revenue. Casinos want these people, who literally lose thousands and thousands of dollars there. (usually more than they can afford) Mr. Hays wrote a letter to the Town Board suggesting that one of the contingencies within the Host Agreement should be that if a problem gambler develops in Tuxedo, and a member of that family lodges a complaint with the Town, then the Town should have the authority to tell the casino not to allow that problem person to gamble anymore. Mr. Hays feels that Genting will never agree to this as they count too much on the revenue that comes from these people. The problem gamblers themselves usually cannot afford their habit so they resort to other methods of obtaining the money, such as stealing, embezzling, borrowing from neighbors, depleting nest eggs. As a consequence of this they have a lot of personal problems, which in turn affects their entire family, their neighbors and their community. The costs for this particular problem are substantial in terms of increased police, judicial and legal costs, bankruptcies etc. Mr. Hays believes this problem will come to the Village.

Additionally, he cautioned that security at the gates will have to bolstered and maintained on a much stricter basis. People will want to come in. Call lists will have to be re-employed. The Casino will change the quality of life for this community, the entire neighborhood and the Village in a profound way. In most communities where casinos exist, the costs out weigh the benefits. Taxes may go down for a year or two, but in the long run they will go up. Finally, Mr. Hays commented that when he was a Trustee, Village Attorney Rick Golden had stated that the Village was vulnerable to the threat of low-income housing. Currently there is none. There has not been a surge or need for it in Tuxedo. With the onset of 2000 additional workers, not all of whom are local; there may be pressure on the Village to allow low-income housing. He suggested the Board take this into consideration before voting.

Trustee Kilduff commented that he did not want to leave a misimpression in his role as liaison to the Town in this matter and that he had seen draft versions of the Host Agreement.

Mr. Hays asked if Trustee Kilduff would read it to the public and Trustee Kilduff responded that he would not because the document was still in draft form.

Gerry Howard commented that he and his wife, Suzanne Williams, object on every level to the proposed project. The things they object to range from the “merely disturbing to the borderline grotesque.” For clarity’s sake he grouped his objections into three categories: The process, the people involved and the project itself. With regard to the process he stated that he understood that the short timeline had been dictated by the State, however he believes that when there is a choice of having to make a fateful or even fatal decision in such a short period of time, the sane thing to do is to say no, as Newburgh and Woodbury have already done. Mr. Howard believes that the Town Board is not up to the pressures associated with the process. Having watched them, he alleged that “they have either been bought off way up front or they have the deer-in-the-headlights look of insipient panic.” In his view, there is no possible way that this process can yield an informed, sensible and representative result in the time allotted. As for the people, he commented “Dear God, we are on the edge of selling the Town of Tuxedo to a gaming corporation, an industry that is built on the predatory exploitation of vulnerable people’s inability to calculate the iron laws of probability and on the kind of behavioral manipulation that makes a rat in a psychology experiment look like he’s getting a fair deal.” Anyone who doubts this should read the NY Times from Sunday in the review section, where exactly how these casinos are psychologically engineered to get the behavior that they want is detailed. Genting will “game” the town of Tuxedo by throwing money at every issue and/or question that is raised (It is pocket change to them) and promise the earth UNTIL they get what they want and then they will do precisely what it is that they want to do in a town so small and so municipally challenged and ineffective that it can barely manage a mulch pile. He has heard references made at meetings about “holding Genting’s feet to the fire,” but they can’t hold Godzilla’s feet up to the fire. Rather, Godzilla puts his feet down and the city is flattened. That is how it works. As for the punitive economic benefits, Mr. Howard does not believe that most of the people present see cocktail waitressing, black jack dealing and car parking as career paths for their children. He thinks the rest of the Town of Tuxedo deserves better as well. On a personal note, he further commented that every time Mr. Colin Au opens his mouth his skin crawls and he checks his wallet. Once the Town has sold its soul to the devil, they don’t get to renegotiate the deal. Tuxedo is being bought and Mr. Howard thinks it is just humiliating. Finally, with regard to the project, he wondered how people who had fought Tuxedo Reserve tooth and nail could turn around and support a casino resort so grotesquely out of scale, one that promises to be an environmental disaster, placed right next to the State Forest that New York and New Jersey fought long and hard to create. Millions of cars and busses will surely clog the roads, light and sound pollution will foul the air and skies, residents in Laurel Ridge will have their quality of life and real estate values devastated and the run-off to the Ramapo will inevitably pollute that river. All of the arguments in favor of the casino require the willful ignorance of the overwhelming arguments against it, leading to the same logic that prolonged the Vietnam War…the Town must be destroyed in order to save it. Mr. Howard does not want to live in a town that is a wholly owned subsidiary of Genting Corp. and that is what it will be if the project goes through. He does not believe that the Village board should have any part in the process, but rather they should exercise their common sense and simple municipal pride and tell Genting to get out of town.

Diane Sugden inquired as to how much the Village had been guaranteed in this whole thing.

Trustee Kilduff responded that the agreement had not been finalized to that degree yet.

Trustee Kilduff stated that at the recent presentation, a wish list including several projects to benefit the Village had been presented, but that this was still under consideration and the Agreement was still in flux. The total remittance from the corporation is supposed to be 52.5 million to the town over 2 years.

Mr. Hays pointed out that this money would go to the Town and not the Village.
Trustee Kilduff agreed, commenting that there were some Village projects that had been submitted and added to the list for consideration. That being said, he stated that he didn’t think it possible to spend 52.5 million in the Village.

Mrs. Sugden inquired as to who would have the say as to what the Village would get.
Trustee Kilduff responded that this would be the Town as they were the Host Community.

Mrs. Sugden then asked “In this Faustian bargain, how much money is it important for the Village to collect so that it is a good bargain with Mephistopheles. Commenting that she agreed with most of the things that had already been said, Mrs. Sugden expressed concern about property values and Village security. With the onset of this many people, the Village will need to be very careful about what they do or else they will lose their security. Privacy and quiet will also be lost. Noise from the casino will travel right over to the Village. With all the environmental impacts, the crime and the violence it is very upsetting to think that the Village would give Genting an approval and she certainly objects to it.

Anusia Dawson commented that she believed that everyone in the room loved the beauty and nature of Tuxedo and wanted to preserve that. She believes everyone should be upset about this. She acknowledged that most of the substantial points had already been made, but the impact on the environment, the nature, the beauty and the security of the Village will change forever and after Genting leaves the damage can never be repaired. She respectfully requested that the Board consider all of the points that had been raised and not issue a letter of support.

Uli Pendl echoed the sentiments of the previous speakers. He commented that anyone who had been at the Town Board meeting the previous evening had witnessed the death of Tuxedo because the people who are running the Town do not really care about it. The way the meeting had been run, where people had serious, researched, well thought out comments that were wiped away with both arrogance and contempt by the three supporting members of the Town Board was an outrage. Mr. Pendl stated the he knows that the Village Board will not be bought out the same way several members of the Town Board have been. That being said, he further stated that he believed that because of the direct role that he has played in the process thus far as MC at the Town Meetings, that Trustee Kilduff should recuse himself from the vote.

Chris Hansen commented that he understood that the Village had been placed under a deadline for issuing the letter however he believes that the Village can control their own deadline by voting when and if they choose to. If Genting doesn’t get a letter, then they don’t get a letter, it’s as simple as that simple. He suggested that the Board consider whether they were making their decision on an objective or subjective basis. If objectively they have gone through cost benefits and the various other issues (environmental and otherwise) and developed a pro or con stance based on this, than that is fine. If, however, they are voting on a subjective basis, based on the wishes of the residents he suggested that they take an official poll, setting a date in the near future and bringing in the voting booth so that people could come in and vote on a non-binding referendum either in favor or against the project. This would allow the Board to make an informed decision based on the opinion of the residents themselves.
Deputy Mayor du Pont pointed out that they did not have the luxury of time.

Mr. Hansen argued that they had as much time as they wanted. No letter would be the same thing as saying no.

Mr. Pendl suggested that such a vote would not be permitted by law and stated that the same issue had come up in the Town and they had been able to do it.

Trustee Kilduff responded that what Mr. Hansen was suggesting was non-binding and would therefore be legal.

Bob Swanson commented that he didn’t understand why the Board was considering writing a letter of support for the resort as opposed to one that was overwhelmingly opposed to it. The issue has been phrased backwards. He stated that he felt like he was “a Native American at the Manhattan Island Village council when the Dutch are approaching and it’s ‘should we take the 24 bags of junk-trinkets and give up paradise or should we keep paradise?’” The Native Americans on Manhattan Island voted wrong.

Sally Sonne wondered if the Village’s endorsement was a necessary requirement for Genting to proceed. Noting that Mr. Hays had stated that other nearby Towns and Villages had not been asked for such an endorsement, she wondered why they would have asked the Village for one. She speculated that it might be because the Village had developed a wish list.

Trustee Kilduff responded that community support was 20% of the application and that as a political subdivision of the Host Community, it’s typical for the project developer to ask for this kind of support.

Mayor Neuhauser commented that it had become apparent through discussions with Village Attorney Rick Golden that the Town vote was of the utmost importance. The Village’s vote however, would be very small in the grand scheme of things.

Jim Hays commented that one of the people he had spoken with was the Mayor of Sloatsburg, who had asked him what the Board’s position was. When he told him that he believed that the Board was divided, but leaning more in favor of the project, the Mayor of Sloatsburg was incredulous! He could not understand why Tuxedo Park, which is thought of as such a gem of a community, would want to have a casino next door or want their town to be known as a “casino town.”

Edgar Stegman pointed out that Atlantic City, New Jersey had originally hoped to revive themselves by adding casinos, but the community had gone down the tubes.

On another note, he inquired as to “what in the world” was going on with the Causeway.
The Mayor suggested that they defer that topic until another meeting, commenting that they already had a huge issue on their plate that evening.

Mr. Stegman argued that it was also a huge issue and that he had put hundreds of miles on his vehicle and wasted thousands of gallons of gasoline, putting dirt into the clean air while having to go up and down Tower Hill Road.

Mayor Neuhauser replied that the matter was before a Judge and that as soon a decision had been made, the Board would inform the people and carry on accordingly.
She went on to make the following statement:

“When I initially saw the presentation by Genting two months ago, my initial reaction was ‘oh no, not here.” But as I listen to those involved, the Town Supervisor Mike Rost, The Trustees, concerned residents, those who have been on the ground when other big entities have come to Tuxedo (all offering a better way for the future) I knew I needed to take a neutral position in order to get as much pertinent information as possible. A decision without the pull of one side of the issue or another, free of emotion, in order to form an opinion that will be one that would be in the best interest of the Village and one that I can live with – not just now, but well into the future. This process to bring casinos to our area is a severely flawed one. The State of New York, when putting this to the voters last November, indicated this was for the benefit of upstate locations, who are struggling financially and where unemployment is rampant. The New York State Gaming Commission added Orange County – a curious move on the State’s part as I see Orange County as downstate. How does this help those further north in Monticello or Newburg for instance? What happens to Sterling Forest Resort 7 years after they receive their license when casinos can come downstate to Manhattan? Who will come sweeping in to buy it if it isn’t profitable any longer? Not to mention the countless environmental issues that will come up during the SEQRA process, this area of State lands and Park, the Appalachian Trail, our watershed, how will these all be protected? There are too many unanswered questions and this is not a game of chance that I feel we should be a part of. The passionate emotions for either side of this issue are understandable. The dangling of what I have been calling ‘The Golden Carrot’ by Genting is surely enticing. The numbers are huge. 50 Million on top of projected 10.9 million in annual revenue. Will this be enough to satisfactorily accomplish all that is needed to keep this community safe? The traffic moving along the Thruway up to the new exit, 15B, and not on RT. 17? Will hundreds of local residents be working at the casino? Will this be enough to complete all the infrastructure projects that are now before the Town and Village? Without the casino, these will continue to be a financial struggle, but we will have piece of mind knowing that we will not be financing our community needs on the backs of those who are spending their hard earned money on games of chance - money that most of them can ill afford to part with. A vote as important as this will effect our Village and Town for years to come, perhaps forever, and I have weighed the consequences very carefully.”

She then commented that she would like each of the Trustees to express their view prior to taking a vote.

Trustee Goodfellow thanked everyone for coming out and expressing their views so eloquently and commented that she was ready to speak about the three factors that impact the way she had formulated her view about this vote. First issue that is of major concern to her is that this is an undefined project. At the first meeting she attended, what was presented was a project with 3-500 rooms. Subsequently, at a Planning Board meeting, that number shot up to 1000. Who knows where it goes from here. She attended the meeting in which the Town consultants presented their feasibility study, in which they presented the proposed revenue stream, but included no expenses. It was one of the most remarkable presentations she has ever heard. In addition there were presented some guarantees for a period of 7 years for some minimum amounts of income streams to the Town and to the Village and then after that, if a casino was approved in Zone 1 (Rockland, Westchester and NYC) then those guarantees go away. The presentation was billed as a presentation to the Board that was open to the Public, but when it was over, only one Board member had a question. Councilman Matthews inquired as to what were the guarantees that Genting would fulfill these minimum payments the Town. He wondered whether the mother company would backstop them, so that if for one reason or another they can’t meet the minimums, it is guaranteed that the Town will receive at least this for seven years. The Town Attorney’s response to this was “good question!”

Trustee Goodfellow wondered how any Trustee could vote in favor, to support a project that isn’t even defined.

Secondly, she is concerned with the whole quid-pro-quo thing. The Village votes and Genting gives back. Presented the other evening was a list containing a number of things that are important to the Village of Tuxedo Park. When it was pointed out that the northern end of town had nothing on the list and that the Senior Citizens didn’t have their Senior Center on the list and that the people at the Southern end of town only had 2 backstops on the list, then the audience was quickly reassured that what they were seeing was not the finalized list. Then they were told that the Town Board would post the consultant’s presentation for all to read on the Town’s website. The very next day, this is what the Town Supervisor had to say about this quid-pro-quo situation:
“The financial information presented is an assessment of the market potential of the proposed resort, not an estimate of its’ expected performance. In addition, the list of proposed community improvement projects presented constitute a representative list of possible projects. It is by no means definitive. The allocation of funds to specific projects will be determined after a more detailed evaluation process in which projects will be prioritized based on their impact on the majority of members of our community, with special considerations given to neighborhoods located in the immediate vicinity of the proposed resort.”

In Trustee Goodfellows view, this negates the wish list. She believes that this project would overwhelm our town. In that 1000 room hotel on any given day, would be as many as 4 to 5 times as many people as live in Tuxedo! The multitude of traffic and environmental issues have already been eloquently pointed out. The combination of all these things and the fact that the project will have serious impacts on the quality of life within the community and will change the Town forever, clearly indicate to her that the responsible thing to do is to vote no.

Deputy Mayor du Pont commented that he looked at the issue from two prospectives: that of the Town (which encompasses the Village) and that of the Village. The issue that the Town is struggling with is that it has its’ revenue base declining because its companies that had been taxpayers have left and been replaced by tax-exempt entities, while it’s cost structure continues to do nothing but go up. The same thing is true with the school’s budget. The thought of convincing businesses of any type, other than possibly gambling, to move here, is not realistic in his view. New York State is one of the five most unfriendly employer states in the nation. This is not a state that people relocate to as an employer. It is a state that employers leave. The Town is really between a rock and a hard place in terms of what it does to increase its revenue base. Genting has made promises in the Host Agreement that he has not seen yet. He believes that, they have promised to give 5 million dollars to the district annually for an indefinite period of time. He inquired of Trustee Kiluff whether he was correct about that figure.

Trustee Kilduff responded that he correct in that payments would go on indefinitely, however the exact amount will be a function of being 50% of whatever the Monroe Woodbury tax bill is.

Mr. Hays asserted that this was not correct and was not consistent with what Genting has said.

Trustee Kilduff responded that he had seen the agreement and there was a lot of misinformation that he was planning to correct when he got his chance to talk, but Genting is committed to paying the equivalent of 50% of their Monroe Woodbury tax bill to the Tuxedo School District. If the Monroe Woodbury School district agrees to share some of that money, then Genting will pay that much less. If they refuse to share, 50% will go to Tuxedo from the casino company regardless in perpetuity.
Jim Goodfellow stated that this was not what A&M had said.

Trustee Kildff countered that regardless, he had seen the agreement and this is what is said.

The Deputy Mayor interjected and commented that the positive for him in terms of the Town was that obviously they would have a new source of significant revenue and hopefully school taxes would decrease. In terms of the Village however, he has no idea what they will actually end up with if they agree to sign the letter or not. What he does know, as per Village Attorney Rick Golden, is that signing the letter or not will not have any sort of material impact on the State’s decision to move forward. That being said, he is not in favor of signing any letter until he finds out what is in it for the Village. There is a point where he would absolutely agree to sign the letter if he felt comfortable what the Village would receive from Genting via the Town. He believes that whatever vote the Board may or may not take must be contingent on seeing a copy of the Host Agreement.

Trustee Kildiff responded that he understood that the amount of money on the table might not be considered enough by many people, however he wanted to clarify some of the numbers in order to correct some of the misinformation that has been going around. The property tax guarantee (7 million) will stay in perpetuity regardless of whether or not there is another casino in Zone 1. The school tax will also remain in perpetuity. What is not guaranteed after 7 years if there is another casino in Zone 1 is the revenue from the State. (20% kickback…roughly 11 Million) There will not be a parent guarantee but there is a minimal capitalization requirement of the special purpose entity that is being set up which will have a minimum net-capitalization that will assure those payments by a factor of roughly 10 to start. The Town will not be a huge creditor for these payments, so the parent guarantee does not seem as necessary. There were some issues with the A&M presentation. The financial modeling that was presented was in fact their own numbers and not Gentings. What was presented is called a gravity model and is based upon population within a two-hour drive of the facility and the financial wherewithal within the population in that 2-hour cone as well as the propensity of those people statistically to go to a facility and gamble. Expenses were considered. The Town Budget will rise to 8 or 9 million during the out years when the casino first opens. A lot of this will encompass increased costs of the Police Department as well as other municipal services that will need to be beefed up. Within even the most costly projections, there was an annual 4 million dollar surplus. There will be a full SEQRA review, which will provide fail-safes for the project. If the mitigations prove too onerous or cannot be accomplished, there will be no casino. He went on to say that the Town’s tax base is in decline and the threat from the new non-profit entity neighbors that have come to town is real. The IP building has been lost as a ratable as have several individual homes in the northern sect of town. Unfortunately, regardless of what one’s view might be, he believes that Pandora’s box has been opened. Something is going to go in there and his bet is that if it is not the casino, it will surely be something that does not contribute to the tax base. The entire area up there is in decline. The Ski Center in particular is going down hill. They have gone from 5 operating lifts down to 2. It might be nice to be able to drive up there and park right next to the mountain, but the reason this is possible is because there is nobody there. They are not making any money. The whole area up there is commercial. IP, IBM, NYU are all commercial buildings within the forest setting. The Indian Kill Reservoir is not even Class a water! The proposal from the project developer is to mitigate their water so that they will actually putting better water back in than the water they are taking out. In his view, the forest has to end at some point. He learned a lot of lessons trying to fight Tuxedo Reserve. He appreciates all the arguments, but he suggests people go up and take a look at the site. There are no trees there! It is currently used for overflow parking. Tuxedo Reserve is going to cut down countless trees, harm the overall environment, threaten the reservoir and create a tax-negative situation for the Town. Valid arguments were presented and the Government rolled right over them. At least with the casino, the area in which it will be located is a commercial area. The Sterling Forest Gardens was a “beehive” of activity when he was a kid! This is a matter of picking one’s poison in his view. He has seen the renderings. The footprint is as small as it can be. All of the environmental concerns have been raised and duly noted. From the Village’s prospective, maybe what is being offered is not a lot of money, but for the Town, he believes that 52.2 million dollars to mitigate a lot of their projects is substantial. There are Village projects (all of which have a nexus and will benefit both Village and Town residents alike) on the list. Some of these include the Wee Wah Dam, the East Village Water Main, and the restoration of The Keep. Perhaps residents from the Village won’t be at the facility looking for a job, but Genting has created a an agreement to have “labor peace” whereby the average wage will be upwards of $40 an hour. This is real money to a lot of people. As a result of all these things, Trustee Kilduff believes that this is one of those times when the Village must throw in with the Town and be supportive of the project, especially given the alternatives, which he sees as unbelievably bad.

Commenting that the situation was both emotional and real for everybody, Trustee Guinchard stated that she hoped everyone realized that both the Town and Village Boards had spent endless hours listening to comments from the residents, trying to stay unemotional and look at the facts to see what is being presented. She agreed with Trustee Goodfellow that the project has changed from what was originally presented, but she feels that the train has left the depot. The state has decided which counties will be sited with casinos. Whether people agree with the fast timeline or not, it is what has been dealt out. This community is only as good as the schools and the taxes are. Property values are a direct reflection of this. Every year people holler about their taxes but they continue to go up and up because this is a small community without a lot of commercial business infrastructure. Residents are feeling the impacts of this. The money needs to come from somewhere. There will either be a tax positive situation or a tax negative one. A casino is going somewhere in Orange, Sullivan or Ulster Counties and perhaps a mix of the three. This has been mandated by the state. If one is built in Orange County, Trustee Guinchard believes that the Village will be impacted no matter what. She wants to make sure that they at least get something out of it. There is no “perfect, pretty solution out of all of this” and that is the problem. Outside groups have come in and the effects are already here. Whatever decisions are made, she urged people to understand that a great deal of thought has been put into them. Personally speaking, she stated that she had been up for hours thinking about all of it, wondering what was best and putting everything into a category. At the end of the day, the Board only has the resident’s best interest at heart.

Trustee Goodfellow commented that this was one thing they could all agree on: that they all really cared. However, they have not been provided with the numbers they need to properly understand and evaluate the project. Now there is a new agreement that they have not seen. They don’t know what the changes are. What they do know is what will happen to the community with a project of this type. She doesn’t think that any of them disagree about the challenging times that lie ahead for both communities.

Trustee Kilduff stated earlier that didn’t think that there were enough projects in the Village to spend 50 million dollars on, but in her view, 50 million is just the beginning. It has taken a long time for the Village residents to realize that they have threats impacting the community. Getting people involved has been next to impossible. She believes that the Village has a golden opportunity to recognize that it would be of value to themselves and the entire community to put together a group of some of the smart business people to put together a decent business plan for the Town, which has not been in existence. Having sat on the Town Planning Board and having been involved with Target Tuxedo, Trustee Goodfellow feels that there is a huge difference between working things out with a potential developer before making an agreement to make a zoning change and working with them after the approval. The previous evening, the Town Board passed a zoning change, even though they did not have to.

Trustee Kilduff pointed out that this was contingent on the project moving forward as planned.

Trustee Goodfellow responded that once they have their approval and they go to the Town Board for review, the game changes. It becomes incumbent upon those boards to work on mitigation and to make the project happen if at all possible. There is a very different bar that comes into play at this time.

Trustee Kilduff pointed out that the Town had engaged one of the top environmental attorneys. If Trustee Goodfellow believes they are joke, then that’s fine but they are top quality.

Trustee Goodfellow adamantly protested this commenting that she had never said any such thing and that this accusation was unfair on Trustee Kilduff’s part.

Trustee Kilduff responded that he had “heard rumblings” and that he believed the Town had done everything possible to level the playing field and he hoped Trustee Goodfellow would give them credit for that.

Trustee Goodfellow replied that this did not change the fact of what happens when the approvals have gone through.

Trustee Kilduff countered that the mitigations are mandatory and that if they are too steep for the project developer that they have indicated that they will not move ahead. Mitigations will be unabashedly on the table.

Trustee Goodfellow commented that “once again” changes have been made that the Board had not seen. Trustee Kilduff may have seen them, but the other Board members had not.

Trustee Kilduff reiterated the mitigations pursuant to the SEQRA process would be a requirement, the catch being that if the costs are too steep, the developer will not move forward.

Mayor Neuhauser stated that she disagreed with much of what was being said because it is very difficult for the Board to make a decision without having seen anything in writing. She went through the appropriate channels in attempt to obtain a copy of the A&M report as promised, but was unable to do so. She has received no response from her repeated calls to the Town. She believes that it is extremely difficult for them to make any sort of a decision, let alone one that will affect the future of the entire community, when they do not have anything in black and white in front of them. She is shocked that this seems to be how things are proceeding.

Trustee Kilduff agreed that this was a fair point and that it would be in their purview to table the vote.

The Deputy Mayor stated that he believed they should have a definitive idea of what Genting and the Town were offering the Village before they could vote.

Trustee Kilduff commented that the timeline had been set forth by the State. He pointed out that 62% of Tuxedo voters were in favor of the casinos when the initiative was put forth on the ballot last November.

The Mayor objected to this, stating that the way it had been framed at that time lead voters to believe that the facilities would be located in upstate New York. She considers Tuxedo to be down state.

Deputy Mayor du Pont raised the idea of a Special Meeting to further discuss the issue after having seen the Host Agreement.

Gerry Howard asked if somebody could define for him the downside of not offering a letter of support would be.

The Deputy Mayor responded that the downside would be that the Village would receive nothing.

When asked how he knew this, he responded that this is what the Village Attorney had told them.

Trustee Kilduff commented that he would assume that if the Village did not support the project that they could not expect to be included in the mitigations.

Diane Sugden pointed out that it was her understanding that the decisions as to where the monies would go would ultimately be up to the town.

Trustee Kilduff confirmed this, commenting that the Village had been approached and had provided the town with a list of projects that they would like to be considered for the mitigation payment.

Jim Goodfellow commented that he believed that what they were looking for was mitigation circumstances that had broad application to both the Town and the Village, not the Village only. The deal is between the Town and Genting. The Supervisor has said specifically that the decision as to how the funds are to be allocated will be the responsibility of the Town Board. When the Deputy Mayor wonders how much money Genting is going to give the Village, the issue is really how much the Town will give the Village. It has nothing to do with Genting and the Village but rather Genting and the Town. The Village will be asking the Town for money and who knows who the Board will be when that happens. What the Village is really doing here is hitching their star to the Town Board in return for this letter.

The Deputy Mayor commented that if nothing else, he hoped this situation would encourage Village voters to turn out for the Town vote. He further commented that it seemed to him that what the Village needed to do was to make a very quick agreement with the Town as to what they would provide them.

Trustee Goodfellow inquired of the Deputy Mayor what a good dollar amount would be in his mind for an agreement with the Town.

Deputy Mayor du Pont responded that 10 million was his dollar amount, which is equivalent to 2 years of the Village budget and would allow for a long list of capital improvements. He wondered what her number would be.

Trustee Goodfellow responded that in her view10 million is not even close to what it is worth the Village to avid the impact of this project, to not have to deal with things that are just going to be irreversible.

Deputy Mayor du Pont stated that the bottom line was that if they were going to produce a letter, they needed to negotiate with the town quickly.

Trustee Kilduff pointed out that the project is going to happen regardless of whether it received Village support and he feels the Village should get on board with it so that they can reap the benefits.

Trustee Goodfellow scoffed at the idea of getting on board with a project that they felt was a bad and without even knowing any of the specifics.

The Mayor reiterated that to make this sort of a monumental decision without anything in writing and binding from a legal prospective to her mind is just crazy.

Uli Pendl stated that the numbers were not even indexed. He cautioned that the Village should not accept any of the guarantees as real.

Trustee Kilduff interjected that the 52 million would be paid within two years. He sated that he didn’t mind people being against the project, but they needed to keep the facts straight.

Trustee Goodfellow countered that Trustee Kilduff was the only one who was privy to the facts.

Trustee Kilduff backtracked, commenting that to be fair and accurate Mr. Pendl was right and that the numbers were not indexed, but it was a minimum on the property tax so if property taxes go up, they will pay more than the minimum depending on how they are assessed. The school payment will surely increase as well as the amount is set to be 50% of the Monroe Woodbury tax bill, and that number will most definitely go up. There is no need to index some of thee things.

Trustee Guinchard pointed out that if the Board were to vote no, the Village would still benefit based on the overall decrease in school taxes. If they sign the letter, what would the downside be? They won’t be pushing the project though. It would be more of a principal and an ethical thing. As elected officials they would be letting some of the residents down, but there is a whole other sector that was not present who feel differently. What is the upside? If there is money available for infrastructure repairs, it could come to the Village. This is a business deal. It is not bribery. When she spoke with the attorney about it, he told her that this was “the most unique situation he has ever seen a municipality have to go through.” Nobody ever anticipated that this would happen. The casino is going somewhere. The state has already been sold out by Governor Cuomo. It’s done. These are the facts.

Trustee Kilduff interjected that part of the deal included the acquisition of over 1000 acres of land, which will be made forever wild, including some in the Village that was subject to development. Almost 80% of the town is forestland. The Town is getting the benefit of bargain here. The Village will be able to get some of that. Part of the reason that the Host Agreement has not yet been made public is because it has been a hard fought negotiation. The Town’s consultants have been unbelievable battling for the Town, securing its’ rights and its’ future. The presentation the other night may have been lackluster, but overall the economic analysis has been good. These guys have immense experience with this. They have an impressive line-up of previous projects. He believes that the compressed time frame from the law is what has driven the intense craziness on all the communities.

Speaking to the subject of the Town Consultants A&M, Trustee Guinchard commented that while they had presented more of a positive outlook, she had spoken with the manager of their Kansas City project who told her that things were not going to be easy and that there were a lot of negative impacts that would have to be mitigated. What he was the most impressed with however, was the amount of giveback that the Town would be receiving from the Casino. Because of the obvious negative impacts that the project is sure to bring, New York State has required the developer to give back philanthropically.

Dena Steele commented that she had also spoke with the manager of the Kansas City project and discovered that while there were some similarities, that project was quite a bit different and that his expertise was not entirely relevant to what is being proposed in Tuxedo. When asked how many Towns that A&M had advised against moving forward with casinos, he did not have an answer. She then asked him what surprises had come along, good or bad, with past projects. He responded that in one case, after the project had broken ground, the developer had come back and claimed that because of the single purpose entity, the valuation was too high. They then had to renegotiate the value from 350 million dollars to 200 million. Tuxedo is relying on these people! He assured Ms. Steele that she should not worry about this because they had shared this information with Tuxedo in order to protect the valuations moving ahead and she inquired as to what would happen if there were a bankruptcy. Who would protect Tuxedo? If bankruptcy were to occur, the court would take over and all of these agreements that have been made will be gone.

Attorney Michael Sussman OF Goshen commented that he was not from Tuxedo, but he appreciated the opportunity to talk about the situation as he had studied it in great detail. He further stated that he was not representing anyone in particular.
Trustee Kilduff pointed out that Mr. Sussman did represent Rob Zgonena in a civil case against the Village and Mr. Sussman admitted this but noted that that was a different case and had nothing to do with the matter at hand.

He went on to point out that Tuxedo Park was one of the most affluent communities with tremendous resources. The Casino proposal put forth by the State last November was intended to uplift economic development for regions, which are much less fortunate that Tuxedo. In order to properly place the casino, he believes that communities such as Tuxedo need to step back a moment and understand the legitimate legislative purposes and public purposes behind this. If a casino is built in Tuxedo, the chances of economic revitalization in Sullivan and Ulster counties will dissipate. If this happens, then those communities are left where they are now, which is essentially desolate and bereft of economic opportunity. While every community would welcome the infusion for its schools and demising of property taxes of the sort promised here and it would be very hard for the elected officials in any community to turn their backs on these sorts of opportunities for their residents, he would submit that public office carries broader burdens. This is a regional issue. This Board has an opportunity to make a different kind of statement. A statement, which isn’t so focused on, what particular advantage this moment provides for Tuxedo or the disadvantages. The issue is a moral one.

Where is the casino really needed in the broader community? He further commented that after having attended a multitude of public presentations over his 35-year career, that the presentation given by A&M was not simply lackluster, but rather a disservice to the community. He did not hear any analysis of costs. In fact, when the matter was raised by the public, the A&M representative explicitly stated that they had not gotten to that analysis yet. When the issue of environmental impacts was raised, the answer was the same. Now they want letters of support from local government for proposals where they acknowledge that they have not done rudimentary analysis. Frankly, he feels that this is “ass-backwards.” He understands the pressures that the Board is under, but in his opinion the responsible thing to do is to say, “We can not support this because in this time frame we cannot make a decision and frankly we recognize as public officials that this really was not intended for here.” If a casino is built here, there will not be any casinos in the rest of the region and there were supposed to be 2. Nobody will go past Tuxedo. He then pointed out that Genting has a second proposal in Orange County up in Montgomery, yet the analysis that was presented was prefaced on only one. He cautioned, “It is very difficult to understand what Genting is really pulling here.”
Trustee Guinchard inquired as to whether Mr. Sussman was representing a group of people.

Mr. Sussman responded that he had been contacted by 3 different people and had subsequently written a letter to the Town.

Trustee Guinchard then wondered what his purpose in coming to the meeting had been.

Mr. Sussman informed her that his purpose was to try and start an organization called CASINO ORANGE, the reason for which is that he has studied the situation, is fully informed about where the proposals stand in Sullivan and Ulster Counties (environmental reviews completed) where there is tremendous destitude.

Trustee Kilduff pointed out that the Village of Tuxedo Park and the Town of Tuxedo were different and that the numbers dropped significantly in the Town. Also, the Tuxedo Union Free School District also serves the community of Greenwood Lake, which again is far from Tuxedo Park.

Mr. Sussman responded that he understood all of this but comparatively; Tuxedo was still in the top quadrant with regard to every socio-economic indicator. He reiterated that if a casino were built in Tuxedo it would be impossible to get another casino in the region.

Diane Sugden asked about the Thruway exit and specifically whether all traffic would come through the Town of Tuxedo if the exit is not built.

She was informed that the casino would not be built if the exit was not built.
She then asked if the exit would be constructed before the construction on the casino began and was informed that construction of both things would take place simultaneously.

She pointed out that all of the construction vehicles for these projects would come through the Town, which will create a traffic issue.

Dena Steele commented that A&M had acknowledged that the two-year construction period would be “hell.”

Mayor Neuhauser stated that she had been told the same thing and that there would be two years of “extreme disturbance” to the entire area.

The Deputy Mayor stated that he felt they should “cut to the chase.” It appeared to him as though a least three of the Board members felt that they did not have enough information before them to sign the letter than evening.

Mr. Goodfellow wondered when the Town would be disclosing what the Host Agreement and was informed that it would be the next day. He suggested that the Board might be missing the point as they were discussing wanting to know how much money was going to be allocated to the Park, but they KNOW that there is no guaranteed allocation to the Village. The money will go to the Town. That is the law.

They have identified 10 million dollars worth of municipal projects that need to be done. The Village is proposing to send a letter to the State of New York, which says that they are in favor of a project that will destroy this community for a price tag of 10 million dollars.

Deputy Mayor du Pont responded that this was Mr. Goodfellow’s opinion and that he was willing to try and negotiate with the Town between now and Monday to get a specific dollar amount.

Uli Pendl stated that the people did not want to be sold for 10 Million dollars and the Deputy Mayor retorted, “Well, I know you don’t, but other people might.”

When asked why none of the project supporters were coming forward, Deputy Mayor du Pont did not have an answer.

Mr. Goodfellow wanted to know whether the Town would be willing to enter into negotiations to irrevocably guarantee us funding?

The Deputy Mayor responded, “I don’t know Jim. Do you know the answer to that?”
Trustee Goodfellow suggested that Trustee Kilduff might as he has seen the agreement while the rest of them have not. She asked him directly what was in it.

Trustee Kilduff responded that the projects that were represented (for the most part) at the meeting the other night were still on the list.

Mr. Goodfellow wondered if these projects were guaranteed to come to the Village.
Trustee Kilduff replied that he had sat down with the Town Supervisor and vetted the Village’s list of proposed projects. All of those added to the list had a nexus between the Village and the Town. There is nothing on the list that will exclusively benefit the Park.

Mr. Goodfellow pointed out that Trustee Goodfellow had read aloud the Supervisor’s statement as to how the Town was planning to allocate the funds, and that decisions would be made based on what was best for the majority of residents with emphasis on the Northern end of Town at the complete discretion of the Town Board, whoever that happens to be when the time comes.

Trustee Kilduff responded that maybe 52 Million dollars was not a lot of money to a lot of people, but that it had been the Town’s intention to spread it around and make sure that a balance of the Town would benefit from it. There is a funding mechanism for the entire list between the property tax guarantee and the 52 million. The Village projects were very appropriate in his view as all of those proposed impact both the Village and the Town.

Jim Hays wanted to know if, once the Host Agreement had been finalized, there would be a list that would be completely funded or if there would be a list from which various projects would be chosen by the Town Board at their discretion.

Trustee Kilduff responded that it would be the latter and Mr. Hays concluded that there was then no guarantee for the Village.

Trustee Guinchard suggested that the only way to have a guarantee would be to put wording into their resolution to name the Village as a beneficiary.

Village Attorney Kelly Naughton responded that if the Village would need to be named as a third party beneficiary within the Host Agreement.

Trustee Guinchard then wondered if they could request that this language be added to the Host Agreement with the caveat that if it were not, they would not sign the letter.
Attorney Naughton replied that she had provided the Mayor with a copy of the resolution, which does make it contingent upon being named as third party beneficiary, but it does not set forth any specifics as they do not know what those are.

Trustee Guinchard stated that for her, this was the guarantee. She further commented that 52 million might not be much money to many of those present, but it was a lot of money for a lot of people. 52 million divided by the census of 2010 comes out to be $14,450 per person in taxes in order to get any of the wish list item accomplished. Some people might be able to write that check in “a nano-second” as could their neighbors next door, but there are a lot of people who only make $20,000 a year. Commenting that she had been in many of the homes located in the East Village following Hurricane Sandy and not everybody was as fortunate as residents in the Village are.

Gerry Howard then inquired as to what would happen if the Village of Tuxedo Park declined to sign a letter of support.

Trustee Kilduff replied that the developer would argue that they had come up short with some of their community support and that it would probably hurt their application. Then, if the project is approved and sited in Tuxedo and the 52 million comes to the Town, he doubts that the Village would receive any of the mitigations they have identified.

Mayor Neuhauser wondered if these would be the case even if the projects that had been identified such as the dam and the water main (servicing 1,100 town residents) directly benefited residents in the Town. Would the Town really take these projects off the table as a knee-jerk reaction to not having received the letter? To her, that seems ridiculous.

Trustee Kilduff responded that over the years the Town Board has not been all that welcoming of the Village as a matter of course and that this would only exacerbate that. If the Village does not support the project, they should not expect to receive anything in return.

Rob Zgonena commented that he had attempted to download the A&M presentation but had been requested of the website to download a special viewer onto his computer, but he strongly objects to a proprietary viewer being downloaded onto his machine. He does not believe this should be a requirement to view a public document and requested that the Village officially raise this issue with the Town so that a solution could be reached.

Following some further discussion with regard to possible negotiations with the Town regarding a specific dollar amount, the Board agreed that they would hold a special meeting on Thursday, June 26 at 8am, after they had seen the Host Agreement and had a chance to talk with the Town about how much money the Village could expect to receive.

Police Report:
Police Chief Ken Sanford reported the following for the month of May:
Criminal Complaints – 1
Non-Criminal Complaints – 55
Property Damage Complaints - 1
Traffic Summonses – 17
Intrusion Alarms – 5 (all false)
Fire Alarms – 5 (all false)
Medical Calls – 1
Assists given to the Town of Tuxedo Police – 0
Assists received from the Town of Tuxedo Police – 2

Additionally, 11,077 untagged vehicles entered the Village via the Front Gate.

DPW Report:
On behalf of the DPW, Superintendent Voss reported that the department had begun crack sealing on many of the Village Roads. Historically, the Village has hired an outside company to do this work at a cost of roughly $20,000 for 2-3 days work. This year, they have rented the machine for a 2-week period and are doing the work themselves.

East Lake Road will be repaved from Tuxedo Road to the bottom of Crows Nest. Work could begin as early as Thursday or Friday but it is more probably that it will take place next week. Residents will have to be patient as this is a long stretch of road and there will be traffic and detours as a result of the work.

Building Department Report:
Click here to view a copy of the Building Department Report for the month of June.

Committee Updates:
On behalf of the Environmental Committee, Trustee Goodfellow reported that the group had taken a tour with Chris Dolye from Allied Biological. He had some things to tell them about possible new threats to the area. Specifically, Hydrilla and water chestnut have been identified in the Hudson River and in Greenwood Lake. As Greenwood Lake is where many Club boats are stored, she cautioned that they would have to investigate exactly how they transport Village Boats back to Tuxedo. Hydrilla is incredibly fast spreading and invasive. Allied will be back in August.

The Deputy Mayor commented that he had been under the impression that any boat entering the Village was steam cleaned.

Trustee Goodfellow verified this but further stated that all that was needed was a tiny fragment to create an issue. It will be important to know whether or not the trailers used are backed into Greenwood Lake or not. It has been proven, for example, that dried out Eurasian Water Milfoil can be in a dried out state for weeks and still come back to life and create a problem.

The committee will be coming forward to the Board with an outline of exactly what they see their role to be moving forward and which issues they believe they need to focus on.

The second round of CSLAPS studies have just been completed and the samples have shown that at this time, one can see down 9 feet into Tuxedo lake as opposed to last year at this time last year when there was less than 2 feet of visibility.

Allied Biological continues to work on zooplankton and phytoplankton studies. This data will really point the Village toward what their next steps should be in terms of sorting out issues in the lake.

The only other issue currently prevalent in the lake is green algae, which while not toxic like seano bacteria, is still present and can be problematic.

The geese seem to have moved properties from the Tuxedo Club to the Yanuzzi’s ever since the Club acquired a border collie earlier this month.

There have also been some complaints about the numbers of cormorants on the lake and the question has been raised as to what kind of contribution they might be making to the lake. These birds are actually a success community. Their population was seriously diminishing because of impacted ddt on their eggs, but once the ddt left the environment, the population began to rebound. They have identified Tuxedo Lake as a good feeding ground. They like to dive for fish that are closer to the surface, so all of the herring and baitfish that were posing a possible problem for the Lake are now being eaten! Each bird eats about a pound a day. They eat from the lake and return to the lake, as opposed to the geese, which eat grass and poop it into the lake.

Deputy Mayor du Pont inquired after the status of a fish study, the importance of which was discussed several months prior.

Trustee Goodfellow responded that it was important to first study the zooplankton and phytoplankton before proceeding with the fishery study in order to ultimately determine the cause of the issues.

Amendment to Schedule of Subdivision and Zoning Fees:
Mayor Neuhauser read into the record an amendment to the Village Code, which will allow the Board to institute a fee schedule for those residents who move ahead with projects that have not received the appropriate approvals from the various Village Boards.

Following minimal discussion, the Board voted unanimously in favor of approving the amendment.

Board of Architectural Review Chair Paola Tocci commented Building Inspector has proposed that a list of those residents with both valid building permits and stop work orders will be given to the Front Gate and that no contractors will be permitted access for those residents with stop work orders in place, unless there is a bonafide emergency, which will be validated by either the Building Inspector himself or the Police Department when he is not available.

Mayor Neuhauser further commented that the Village would ask Denise at the gate to start compiling a list of all those people coming into the Park to perform work, both contractors and landscapers, so that they could remind them moving forward of the procedures.

Chair Tocci added that the Building Inspector would be notifying those residents who currently have Stop Work Orders of the new policy both by phone and by mail.

Trustee Guinchard wondered whether or not contractors who were performing work on properties that had stop work orders for other reasons s would be allowed in to do their work.

Interested Agency under SEQRA Regarding Casino Development and Resolution of Support:
The Board voted unanimously in favor of listing themselves as an Interested Agency under SEQRA for the Sterling Forest Casino Development.

Tuxedo Club Fireworks Request:
The Board voted unanimously in favor of approving the tuxedo Club’s request to hold their annual fireworks display on the evening of July 3 with a rain date of July 5.

WeeWah Beach Club Request:
Without disclosing the details of what has been requested, the Board decided to table the request until they could discuss the matter further with their attorney.

1. Call to Order
2. Pledge of Allegiance
3. Mayor's Update
4. Police Update
5. DPW Update
6. Building Department Update
7. Committee Updates
a. Environmental
8. Casino Updates
9. Public Comments
a. Speakers must sign in and are limited to 5 minutes per topic.
b. Written comments must be submitted by 4pm on the day prior to the meeting.
10. Interested Agency under SEQRA Regarding Casino Development and Resolution of Support
11. Amendment to Schedule of Subdivison and Zoning Fees
12. Tuxedo Club Fireworks Request
13. Approve Minutes
14. Audit of Claims
15. Adjournment

I know that when we voted in last November's election, whether to allow casinos in
"upstate" New York, none of us could imagine that we would be facing this decision
here in Tuxedo. The location of lands near Tuxedo Ridge and the Renaissance Faire
on Route 17 A is one that Genting finds very appealing: they are calling it Sterling Forest
Resort. They have been marching forward with their bid to win the one of 4 casino sites
the state will award this coming fall. It has been a very long 2 months since Genting
Americas first showed the Town, Village and ultimately the residents, their plan for a
casino/resort at Sterling Forest. The timeline the state has imposed has meant that
many factors needed to be weighed with little time and an unclear process and much of
it being "made up" by the state, as it moves forward, has meant that this very serious
decision has had to pushed at an unfortunately fast pace and has resulted in dividing
our small, tight knit communities.

After attending Town meetings and Village meetings, the Town and Village was asked
to make up a list of Town and Village interests that might be gifted by Genting, a "Wish
List" if you will, were the project to go forward. The specifics would be detailed in the
Host Agreement which the Town must vote on at their meeting Monday night. It was
clear from the onset that Capital Projects that would benefit both the Town and the
Village were of the utmost importance and those involving the health and safety of our
water are at the top, along with land purchases to protect these waters. The concerns of
the town were topped by among many others, such as sewer, police, fire and
ambulance, DPW needs as well as recreational facilities.

The Village Board appointed Village Trustee, John Kilduff to represent the interests of
the Village during this phase. What this list means is that if the bid for the casino is
ultimately granted to Genting and their Sterling Forest Resort site, some of the $50
million dollars that has been promised to the Town will help to offset costs of Capital
Projects benefiting the entire community. How this money will be distributed will likely be
outlined in the Host Community Agreement.

At the Town Board meeting Wednesday evening, the consultants gave a presentation to
approximately 1 00 residents and concerned parties. We heard from representatives
from both Stroock and Stroock, the town's legal counsel, along with Alvarez and Marsal,
corporate consultants. The presentation was to be released and made available to the
Town and Village for their websites; this has not yet happened. Those in attendance
were then allowed to ask questions and I imagine many more came up as the evening
went on. The next step is that the Town, at their meeting on Monday night, June 23rd at
7:30p.m. at the George F. Baker High School, will vote on the Host Agreement as well
as Zoning changes, a "Gaming Overlay District."

Then on Tuesday night, June 24. at 7 p.m. at the Village Office, the Village Board will
discuss and vote on a "Resolution of Support" which will accompany the Town's Host
Agreement to Albany. There will be a Public Comment period for residents to ask
questions and voice their comments and/or concerns. This bid for the Sterling Forest
resort needs to be finalized and submitted by June 30, 2014. It is at some time this fall
when the State of New York will award the 4 casino sites, including up to 2 sites in the
areas of Orange, Sullivan and Ulster counties.

To watch the initial Sterling Forest Resort presentation by Genting you can go to
www.rwnewyork.com/sterling-forest-resort. Please keep in mind that the scope of the
project has grown, Genting has expanded the amount of rooms in the hotel from the
initial 350 to 500, to a total of 1000 rooms. They have given a gift to the Tuxedo School
District of $340,000.

We will also vote on becoming an "Interested Party" in the project, as it continues
through the State Environmental Quality Review Act process, known as SEQRA. The
process will continue over the course of the next several months in anticipation of the
state's decision to locate the casinos. This means that the Village will be apprised of all
steps during the SEQRA process, where the environmental, traffic, noise and a myriad
of quality of life issues will be considered under the purview of the SEQRA lead agency,
which will likely be the Town Planning Board. This review will fall under the guidance of
Gail Suchman, Special Counsel in Environmental Law at Stroock and Stroock.

Today, Genting's project is dependent upon the successful completion of the SEQRA
process and we will keep you updated going forward. Please also look at the Tuxedo
Town website for further information as well.

The Village Election will take place on Tuesday, June 17 with two candidates, Paul Gluck and John Kildiff, running uncontested for two Trustee seats. Please take a moment and read their letters to the community below. Voting will take place at the Village Office from 7am-9pm. DON’T FORGET TO VOTE.

The Village Board of Trustees met on Tuesday, June 10th at 7 pm. All members were present.

HUD Agreement:
The Board voted unanimously to authorize Mayor Neuhauser to sign an amendment to the Cooperation Agreement between Orange County and various municipalities. This agreement will allow Orange County to distribute HUD funds to its many municipalities.

Agency Interest/Input Genting Project:
As requested by the Town Board, the Board unanimously approved submitting a list of items that Genting could provide, which would be of benefit to the Village. They further appointed Trustee Kilduff to be the liason to the Town Board for the purpose of providing input from the Village throughout the project.

Appoint Replacement Election Inspector:
The Board appointed Christine McNerney of Woodlands Drive to be an election inspector for the June 17th election. She will replace Dorothy Schmidt who is unable to work.

Wee Wah Beach Sand Treatment:
The Board unanimously approved a follow up treatment for the prevention of sand bees at the Beach Club. The cost will be no more than $800. The Beach Club will pay the bill and then submit to the Village for reimbursement

Approval of BOT minutes:
The Board approved minutes from 2/6, 218, 3/25, 4/8, 4/14, 4/22 and 4/30.

BAR Procedure:
Paula Tocci, Chair of the Board of Architectural Review, appeared before the Boardto discuss finding a solution to the problem of residents who are doing work in the Park without a building permit. The BAR has submitted the following proposal:

The Board of Architectural Review (BAR) would like to recommend the following solution for residents who willfully do work without obtaining a building permit. We believe the following is fair and just not only to the residents who break the Village code and disrespect our BAR process but shows appreciation and respect to the residents who willingly embrace the village code and the BAR collaborative process to obtain a building permit.
1-A Stop Work Order (SWO) will be issue to any property owner or entity who does not have a valid building permit. A list of residents who have SWO issued will be given to the Front Gate personnel. Any workman on these resident’s project will not be granted access to the Park or resident’s property. The current $250 daily fine will accrue until the Board of Architectural Review (BAR) approves the project. The BOT can either recommend enforcement of the fine or not to the Village Justice.

2-A list of residents with valid building permits will be given to the gate. 3-Building permit fees will be doubled on those residents who do not have a valid permit for the project in question.

4-In case of an emergency on the property of those residents who do not have a valid building permit, workmen will be allowed in to remedy the emergency once validated by the Building Inspector or an appropriate person in the case of an after hours emergency.

5-The BAR will make every attempt to place the residents who are issued a SWO on the next BAR meeting agenda

Lastly, we wish to make clear that the above points of action are the results of residents who break the law and not an onerous Village Code or BAR process for enforcement.

Mayor Neuhauser added that there will be a similar list of approved tree work given to the Gate.

Village Attorney Golden stated that since the Board was not changing the law but rather changing the way they deal with people who don’t follow the law, there is no need to pass a new law. He recommended making sure they had in place a specific process for communicating the SWO list to the Gate and also for removing those names whose SWO had been removed.

Mayor Neuhauser reported that she had discussed this process with Police Chief Sanford. They are both confident that day Gate Guard Denise can handle enforcing this. Also, the Village has just hired a new Gate Guard who has experience with enforcing codes to work on Saturdays.

Trustee Kilduff commented that he fells this must be implemented uniformly and consistently. The Board agreed.

Village Attorney Golden agreed to prepare a resolution which would encompass this solution and should be ready to be voted on at the next scheduled BOT meeting. He cautioned the Board that if they raise the fees, the amount raised must have some relation to costs incurred by the Village. It can’t be for punishment or revenue generating.

Announcement:
Mayor Neuhauser reported having spoken to Henry Rogers who said there would be a memorial service for former Mayor Howland P. Rogers at the Tuxedo Club on November 29 from 4-6pm.

Public Comment:
Sally Sonne requested permission to make a comment. She felt it was important for everyone to know about an incident, which occurred the night before with a fire truck on the causeway when its wheels slipped off the road and it had to be removed by a tow truck. Mrs. Sonne was grateful that this happened on the way back from a false alarm.

Deputy Mayor du Pont corrected Mrs. Sonne and explained that what was going on was driver training. It was an experienced driver who was driving a new truck. The department likes to do their training in the Park because they feel if someone can drive in the Village, they can drive anywhere.

Mrs. Sonne stated that she feels that the dangers of the road for the public are greater than the danger of the wall falling down on them. The Board agreed that it was a good thing that the Article 78 should be resolved soon so that everyone can move on.

Michele Lindsay asked to submit for public record a copy of PIPC Director Jim Hall’s letter to the Town Supervisor, written on May 9th, in which he states that PIPC is not in favor of the casino project. She also submitted questions she had prepared for the Town Board meeting the previous evening outlining her concerns about the impact of the proposed casino on property values.

Deputy Mayor du Pont informed Mrs. Lindsay that the Village had already received Mr. Hall’s letter and thanked her for her comments. Mrs. Lindsay also reported that the Town had hired a brand new consultant the previous night because the original consultant backed
out.

Trustee Kilduff corrected Mrs. Lindsay to say that the original consultant had been conflicted and that while the Town Board had formally hired the new consultant, Alvarez & Marsal the previous evening, in fact A&M has been in Town and working on the project for a couple of weeks.

Trustee Goodfellow asked Tuxedo Club Manager Martin Badinelli,who was in the audience, if the Club’s border collie had arrived. She said she’d been out on the Lake for the first CSLAPS testing of the year and had counted maybe 50 geese while doing so. Mr. Badinelli reported that the dog, whose name is Tink, is en route to the Park right now.

1.         Call to Order
2.         Pledge of Allegiance
3.         HUD Agreement
4.         Agency Interest/Input - Genting Project
5.         Appoint Alternate Election Inspector
6.         Wee Wah Beach Sand Treatment
7.         Approve BOT Minutes (2/6, 2/18, 3/25, 4/8, 4/14, 4/22, 4/30)
8.         Adjournment

NOTICE IS HEREBY given that the General Election for the Village of Tuxedo
Park will be held on Tuesday, June 17, 2014, in the Village Hall, 80 Lorillard Road,
Tuxedo Park, NY, between the hours of 7:00 a.m. and 9:00 p.m. Offices to be filled,
terms thereof, and the names and addresses of the candidates are as follows:

The Village Board of Trustees met on Tuesday May 27 at 7pm. Mayor Neuhauser and Trustee Kilduff were absent.

The meeting began with a moment of silence for former Village Mayor Penny Rogers, who died on May19.

Together with Trustee Kilduff and the Deputy Mayor, Mayor Neuhauser recently attended the Fireman Installation Dinner which she described as a wonderful event. Commenting that it was really a great celebration of all the emergency services, she expressed her gratitude to everyone involved.

The Police Department will be hiring two new employees, one part time officer, Vincent Sayles, and one part-time Gate Guard, Michael LoughlinMichael Loughlin also works for the Suffern Police and will work for the Village on the weekends. He will be trained in code enforcement

Recycling remains an issue in the Village. Residents have been leaving a variety of things out for recycling, including Styrofoam, plastic bags and jars contaminated with food. Moving forward items such as these will be left behind and collected as garbage the following day. (Residents can refer to Mayor Neuhauser’s Recycling Update of April 24 for further details)

Code review and revision will begin in the month of July. The Board will review 3 sections at a time and discuss possible reforms.

The Memorial Day Parade and ceremony at St. Mary’s went very smoothly. The Deputy Mayor expressed his gratitude to Chief Sanford.

The garbage contract has been renewed. Trustee Guinchard explained that trash pick-up will take place on Mondays and Thursdays with recycling to be picked up Wednesdays. She reiterated the earlier concerns about recycling and stated that they are currently trying to develop a notification system for letting residents know why their pick-up has been rejected if this should occur.

Additionally, 9.863 untagged vehicles entered the Village through the Front Gate.

Resolution – Appoint 1 Part time Police Officer and 1 Part Time Traffic Guard:

The Board voted unanimously in favor of hiring part-time Police Officer Vincent Sayles at a rate of $22.95 per hour and part-time Traffic Guard Michael Loughlinat a rate of $13.77 per hour effective May 28, 2014.

On behalf of the DPW, Superintendent Voss reported that the department has been busy patching potholes and rebuilding catch basins.

The Board voted unanimously in favor of hiring two summer employees for the DPW, Brandon LaBar and Peder Abrahamsen, both at a rate of $10 per hour.

The Board discussed at some length the application of the Tuxedo Club for pathway renovations. This application received conditional approval from the Board of Architectural Review on May 20.

The Deputy Mayor expressed his concern over the fact that The Club had promised to prepare and submit a professional landscaping plan for their entire property for approval by the Board and the Village Engineer, but to date nothing has been submitted. He believes that The Club needs to put together a detailed landscaping plan to include the pathway renovations prior to any approval. He further commented that to the best of his knowledge, the Club had removed the hedges along the Lake without the permission of their own landscaping committee, which had been somewhat controversial and had resulted in the resignation of at least one member of that committee.

Trustee Guinchard agreed with the Deputy Mayor and stated that having walked down there earlier that very day, she had noticed sediment already flowing into the lake and she believes that some sort of immediate remediation is necessary.

Trustee Goodfellow agreed that the Club must create a master landscaping plan, commenting that she too had walked the pathway in question as well as the pathway between the Main Club and the Boathouse, where she had noticed gravel is also entering the lake. Noting that this was a separate issue that would also need remediation, she cautioned that everyone needed to take into consideration where all the storm water ends up.

Board Attorney Rick Golden explained that the BAR’s approval had been conditional upon the submittal of a landscaping plan for the pathway and the institution of storm water management as stipulated by Village Engineer Carl Stone.

Deputy Mayor du Pont responded that he understood this, but still felt that the Club must submit a plan for the entire property, of which the pathway is an integral part, as originally promised before the Board issues an approval.

Following some further discussion, it was agreed that Building Inspetor John Ledwith would bring this message back to the Club.

Michele Lindsay addressed the Board with her concerns regarding the proposed Sterling Forest Resort. Acknowledging that the Village Board was not the ultimate governing body in this case, she suggested t hat it would be crucial that they stay on top of the situation regardless in order to protect the Village. Before the Town voted in favor of signing a letter of consent, Town Supervisor Mike Rost requested resident feedback in the form of written submissions. Despite the fact the a foil has shown that 2 out of 3 letters received were against the casino, the Town Board still voted in favor of signing the letter. The Gaming Commission has since rejected the letter and it must be redrafted. The Board was originally scheduled to re-vote that evening, but the vote was postponed in order to afford them more time to review the document. Mrs. Lindsay is extremely concerned about the lack of time. She noted that Genting expects the Board to have a signed Host Agreement by mid-June, which leaves roughly two weeks for review. While she is happy that the Town Board has hired a top-notch law firm, including an environmental lawyer, she is still worried. When asked by the public at one of the community presentations how much water the resort would require, Genting Rep Christian Goode admitted that he did not know. Residents in that area get their water from one smallish reservoir. The topography of the area, which is mainly hills and narrow valleys, will surely serve to be problematic. Mrs. Lindsay cannot see how they are going to do it, let alone in two and a half weeks! She described the most recent Town Board meeting as “ a circus” and reported that when one of the Board members had asked for some clarification as to the process, nobody on the Board nor the Town Attorney seemed to have any concrete knowledge of what was going on. Genting has made several promises with regard to the plans as presented, but it doesn’t seem as though anybody in Town knows exactly what they are doing. Mrs. Lindsay reiterated her hopes that the Village Board would take as active a roll as possible in protecting the Village from potential negative impacts of the project.

Trustee Goodfellow responded that she had also attended the Town Board meeting and she agreed that the the Board did not seem to have a full understanding of the resolution they were passing. She felt that the information posted to the Town website prior to the vote had given the impression that a favorable vote would be more a “vote of interest” than a vote of solid support. She wondered if Village Attorney Rick Golden might be able to offer them some guidance.

Attorney Golden explained that Genting first needed to secure a resolution of support from the host community before the Gaming Commission would consider them for an application. Signing this letter signifies Tuxedo’s support of that license as well as their willingness to have the facility in Tuxedo. Upon receipt of the letter, the Gaming Commission decided that it was not sufficient (this was the case for 20 out of the 23 letters of support received by the commission) and therefore it must now be amended and readopted. The State process has been a confusing one.

Ultimately there will be 4 Casinos in The Hudson Valley, with up to 2 of them in the southern portion (Orange County). The decision as to the location of these facilities is expected after the Election season, sometime in Mid-November. Between now and then, the Orange County Applicants must get through as much of the SEQRA process as possible. It is during this process that Environmental Issues such as water will be analyzed and addressed. Attorney. Golden is not sure whether the Town Planning Board or the Town Board will declare them selves as Lead Agency for this process. One way the Village can keep itself abreast of the situation is to request to be listed as an Interested Agency. As an Interested Agency, the Village will be privy to all project submissions and notices. Although the Board of Trustees will not be able to vote on the project, they will know what is happening and can time their comments accordingly.

Nobody knows what will happen should one of the host communities choose to withdraw their support. The State has not said and no rules have been made. If the Town signs a Host Agreement with Genting, that agreement will be enforceable.

Trustee Goodfellow inquired as to the procedure for requesting Interested Agency status with SEQRA.

Attorney Goldman responded that the Board could pass a resolution and then send the appropriate notices to the Lead Agency (Town Board or Town Planning Board)

Trustee Guinchard suggested that they should wait until both Mayor Neuhauser and Trustee Kilduff were present before taking such a vote.

Trustee Goodfellow wondered what the timeline was and Attorney Golden responded that although he had not reviewed the Environmental Assessment Form, there was no specific deadline. The process will become more time sensitive when it comes to the Environmental Impact Statement and associated documents.

The Board then briefly discussed scheduling a Special Meeting in early June and tentatively arrived at the date of June 10, to be discussed with the Mayor and Trustee Kilduff.

Joan Alleman reminded The Board that the Village has National Register protection from any outside impacts.

Audrey Perry expressed concern and frustration over two properties on West Lake Road at the south end of the Lake. The first is 456 West Lake Road. Mrs. Perry doesn’t know who owns the property, but it has been in overgrown shambles for years.

Building Inspector John Ledwith responded that there was a property management company overseeing the property and that they had been there a couple of weeks back. A letter of complaint has been sent and Mr Ledwith has also sent a second notice, but there has been no response. He believes the company is more concerned with the home itself and less so with landscaping.

Mrs. Petty wondered what the process was in situations such as this. Can the Village put a lien on the property? Nothing is being done! It has been 9 months since the initial notice was sent.

Deputy Mayor du Pont wondered if there were a legal way for the Board to take action by hiring a landscaper to do the work and then placing a lien on the property for the amount of the service.

Attorney Golden responded that he did not think so. If the landscaping was hindering the roadway or creating a public safety hazard, the Village would have more leeway, but in this case (basic property maintenance) he thinks the only option is Justice Court.

Mrs. Perry wondered who was looking out for the residents at the South end of the Lake?

The Deputy Mayor asked Mr. Ledwith to follow up on the notices and be prepared to give a report at the Special Meeting, tentatively set for June 10.

Mr. Ledwith explained that the problem was that nobody was claiming ownership of the house.

Trustee Guinchard wondered if there was a bank associated with the property. She wondered what would happen if there were a fire at the house and the fire trucks were unable to reach it due to the large tree across the driveway. This could pose a real threat to the surrounding homes. She inquired as to whether there were any special provisions for Emergency Crews, namely the Fire Department.

Mrs. Perry stated that in her view the Village Codes mean nothing if the Board won’t impose fines or liens on offenders.

The Deputy Mayor suggested there must be a minimum fine that was applicable and that the Village should “start the meter running” as soon as possible.

Trustee Guinchard suggested that they look at the tax records. In her view, whoever is paying the taxes is the responsible party.

Mrs. Perry again suggested that without teeth the Village Code had no value and expressed dismay with the fact that this situation was bringing down property values in her neighborhood.

The second property Mrs. Perry is concerned about is located directly across the street at 457 West Lake Road. This home has also been unoccupied for quite some time. A while back a large tree fell on the roof and it caved in. The owner threw a green tarp over the hole and has left it there. Now a second tree has fallen onto the garage.

Mr. Ledwith stated that there had been a fire at the unoccupied home on Thanksgiving and shortly there after he had spoken with two contractors who were planning to complete the necessary repairs, although clearly the work has not been done. He will reach out to them and follow up.

Mrs. Perry commented that she feels that the properties at the south end of the Lake are largely ignored and that the Board does nothing about violations down there,. When Violations occur at the north end however, they take action. She reminded the Board that they pay taxes too, commenting that one of her neighbors had suggested that their taxes should be lowered to compensate for the lack of action.

On behalf of the Environmental Committee, Trustee Goodfellow reported that the group would be coming together in the month of June to tour the lake with experts and analyze current conditions. The C-SLAPS program will also resume. The Eurasian Water Milfoil program will commence next week and men will be here for four days pulling in all three lakes. This will be followed up with two additional visits over the summer months, also in 4-day increments. ‘

In general, the Lakes are looking a lot better this year than they were last year at this time. Weather has been favorable with more rain and colder temperatures.

John Ledwith and the Village Engineers will be taking a look at mapping storm water in the Village, which will be a huge step forward in terms of ongoing Lake maintenance.

PRISM, a state sponsored program dedicated to the identification, analysis and tracking of invasive species, has recently received some state funding and will have some grant money available. The Village is part of the Lower Hudson Region. It is free to participate and there a many great benefits, including education seminars.

By next month, Trustee Goodfellow expects that there will be more information on the proposed groundwater studies.

The Committee hopes to be hearing from the Tuxedo Club as to any progress they are able to make with the geese with the addition of their new Border Collie.

Club Manager Martin Badinelli confirmed that the dog has not yet arrived, but is apparently on it’s way and they look forward to his arrival.

With regard to The Keep, Trustee Goodfellow reported that they were still waiting to hear about possible money sources. All bidders have been informed that none of the bids were accepted. The plans are being revised. Tom Salierno has returned from Florida and resumed work on the project. Some window samples have been reviewed. Until the financing can be worked out however, the project is on hold. Eventually, the RFP will be revised.

The Deputy Mayor confirmed that financing was being looked at and that in all probability it would be funded over a 20-year period.

Mr. Salierno pointed out that it was important to note that thanks to Trustee Guinchard, some repair work had been done to the roof through insurance and that this had made a big difference as the roof was no longer leaking into the building. He suggested that moving forward, the work might need to take place in multiple stages.

The Board voted unanimously in favor of approving the following proposals as previously discussed and budgeted for:

This resolution was tabled until the Special Meeting, Tentatively scheduled for June 10.

The Board voted unanimously in favor of levying unpaid village water bills in the amount of $26,543.85 to associated tax bills.

The Board voted unanimously in favor of approving budget transfers between the General and Water funds as outlined in a document presented to them by the Village Clerk.

The approval of meeting minutes was tabled as there was not a quorum for each vote.

The Board then adjourned into an Executive Session for the purpose of an Attorney/Client meeting.

1. Call to Order
2. Pledge of Allegiance
3. Mayor's Update
4. Police Update
a. Resolution - Appoint 1 part time Police Officer and 1 part time Traffic Guard
5. DPW Update
a. Resolution - Appoint 2 DPW summer workers
6. Building Department Update
7. Public Comments
a. Speakers must sign in and are limited to 5 minutes per topic.
b. Written comments must be submitted by 4pm on the day prior to the meeting.
8. Committee Updates
9. Resolution - Approve proposals for Lakes Management
a. Allied Biological-2014 Algae Management
b. Fisheries Survey, Tuxedo Lake
c. Phytoplankton & Zooplankton Surveys ( 3 lakes)
d. WAA - Stream and Lakes Sampling
e. PRISM
10. Resolution - Approve HUD Agreement Amendment
11. Resolution - Levy Unpaid Village Water Bills
12. Resolution - Budget Transfers
13. Resolution - Approve BOT Meeting Minutes
14. Audit of Claims
15. Adjournment

The Village Board of Trustees held a special meeting on Wednesday, April 30 at 7pm at St. Mary’s in Tuxedo. (Trustee Goodfellow was absent?) The purpose of the meeting was a presentation to the Board by Genting Americas, who are looking at the Tuxedo Ridge site on Route 17 A for possible purchase and development of a casino resort.

Mayor Neuhauser began by introducing Genting Senior Vice President Christian Goode. Following the brief introduction, Mr. Goode presented a short video, briefly outlining and advertising the developers’ plans for the project. Click here to view the video.

Following the video, Mr. Goode gave a more detailed presentation, which focused on the details of the project as well as its’ projected fiscal impacts on the community.

In Brief:
New York State Legislation passed in the summer of 2013 allows for the development of 4 casinos in the Hudson Valley, with two of these to be located in the lower Hudson Valley, namely Ulster, Sullivan and/or Orange Counties. A New York Stae RFA Timeline was set forth and all interested parties were to submit a deposit of $1,000,000 by April 23, 2014. Applications may then be filed until June 30 with selection to take place in the fall of 2014. Applicants must have a signed letter of support from their hosting community before the application can be filed. Once winners have been chosen, they will have 24 months in which to complete the project before the license expires. When and if the Town of Tuxedo chooses to submit a formal letter of support, the zoning and planning processes will commence immediately. Although the State will not choose the winners until fall, the developer wants to get a jump on the planning process in order to stay within the 24 month timeline.

Genting is proposing to construct the main facility of about 1,000,000 square feet on what is now a vacant, overgrown airstrip, which will drastically minimize the amount of overall land disturbance. They are also planning to renovate the ski center, creating a “world class” ski facility with new buildings, new chairlifts and all new equipment. The old Sterling Forest Gardens will also be renovated and the fairgrounds expanded, with an outdoor amphitheater and more festival space for year round events.

Traffic, and specifically the construction of Interchange15B (a new exit on New State Thruway) is a large, crucial part of the proposed project. As Mr. Goode explained, construction of the interchange was authorized by the state back in 1985, however never funded. Genting is proposing to fund the entire thing, which should seriously alleviate the amount of traffic on Route 17 through downtown Tuxedo. Other traffic improvements include the widening of Route 17A to four lanes all the way tot he base of the Greenwood Lake Mountain as well as the addition of two traffic circles along that route. A pedestrian bridge will be installed between the resort and the ski center.

Genting expects that their project will have widespread, positive economic impacts on the area not only in the form of tax revenue , but also through donations to the school, creation of jobs and increased patronage at local businesses. They are offering to fund whatever capital improvements are necessary in order to accommodate their facility (i.e. new fire/ambulance vehicles and increased police force) and have also agreed to reimburse the town for all independent consultants used during the planning process.

Prior to opening the question and answer period, Mayor Neuhauser reminded the public that this meeting was for informational purposes only and that the Village of Tuxedo Park was not the host community for the proposed project nor would they be issuing a letter of support to the developer. The Board of Trustees were only just made aware of the proposed development one week prior at their regular monthly meeting.

Representing the County Executive Steve Neuhause and Orange County Executive’s office, Harry Porr introduced himself, explaining their office had been attending all of the various community forums regarding proposed casino projects in Orange County. While they had initially believed that the gaming enterprise would be focused on Sullivan and Ultser Counties, it has come to light that Orange County is a much more viable spot for successful gaming and as a result Orange County is quite suddenly in the thick of all of this activity. There are currently 6 applications of interest with Tuxedo being one as well as applications at Stewart Airport and in the Towns of Newburgh, South Blooming Grove, and Woodbury. From the County’s prospective, the proposed casinos are a good thing because they will be large, long-term developments (dramatic growth) that bring new taxes to the tax base while creating jobs where jobs are needed. Additionally, there is a state required commitment to provide aid for impoverished communities in the county, which is a strong benefit. That being said, Mr. Porr stressed that none of the proposed developments will happen unless the local communities embrace them. The County will pass a resolution endorsing the gaming operation in Orange County but it will not go forward in any community that does not embrace the idea itself. In other words, casinos will not be developed in communities without an official letter of support.

Next, Colin Au, consultant to Genting, gave a fairly lengthy speech outlining both the history and successes of Genting. He talked about their discovery of the Tuxedo sight and described in more detail some of their plans for revamping the ski center, renovating the historic Sterling Forest Gardens, and expanding the Renaissance Faire. He also stated that Genting was aware of the situation with the school districts in that location of the facility would dictate that revenues go to Monroe Woodbury rather than Tuxedo. In response to this he guaranteed that Genting would pay Tuxedo 1/2 the total revenues, amounting to roughly 6.5 million.

Noting that the state was allowing four gaming facilities total, Trustee Guinchard inquired about the proximity of the Orange County casinos to one another, and specifically whether or not there were any rules dictating how close they could be.

Mr. Goode explained that upsate New York had been divided into three regions with a maximum of two facilities allowed in each region however, there was no specific guidance as to their proximity to one another. Theoretically, the casino siting board will determine their location. The criteria they will use is a self created scoring system based on perceived economic, local and work force benefits. In theory, Mr. Goode believes that the facilities will be spaced out to allow for better, wide spread impacts, but this has not been predetermined.

Trustee Guinchard asked Mr. Goode if he knew when the state plans to allow for casinos Manhattan and Rockland and Westchester counties. She wondered whether there was a “first mover” advantage for this project or if there was a possibility that the resort would be closed.

Mr. Goode replied that he believes there is a first mover advantage as Genting plans to develop a sustainable resort. The state is prohibited from issuing a request for applications for casinos in “downstate” (Westchester, Rockland, NYC, Long Island) for seven years after the first upstate facility opens. So, assuming that a casino is constructed within the allotted two-year time line, it would be 9 years after the first license is awarded before the process could begin downstate.

Mayor Neuhauser asked Mr. Goode if he would address the proposed thruway exit 15B, and specifically why the project was originally projected to cost $100,000,000 back in 1986 but Genting has proposed to do it for $25,000,000.

Mr. Goode responded that $25,000,000 was the minimum cost and that Genting actually believed the costs would be in the $25-50,000,000 range. The $100,000,000 figure focused on the construction of bridges over wetlands, but because the resort will be what he called “low intensity” they do not expect super high traffic counts, and therefore they do not believe there is any need to expand the bridges as previously planned.

Speaking to the 24-month timeline, laid out by the State of New York, Trustee Killduff wondered how the developer expected not to avoid engaging in litigation and/or other sorts of environmental battles with SEQRA and stay within the allotted time frame.

Mr. Goode responded that Genting plans to do an extensive analysis and would submit a thorough Environmental Impact Statement (EIS) with their application to include watershed, endangered species (timber rattle snakes) and plant life studies among other things. This process is already underway. Submitted with the bid will be an EAF, (Environmental Assessment Form) which will outline the framework of the EIS. An EIS consists of thousands of pages of extensive analysis and they plan to do that work over the course of the next 6-8 months. Any mitigation that needs to be done can be done in a timely manner and will not create any problems for the local community.

Genting intends to be fully respectful of all the environmental resources. Their first goal is to make sure that they get the right data and do the correct research..

Trustee Kilduff asked if Mr. Goode knew of any exception in the statute for delays in the process that were caused by litigation, environmental or otherwise.

Mr. Goode responded that the statute was not clear on the SEQRA process. They are hopeful that the Casino Siting Committee or the Gaming Board will provide more clarity in the near future. That being said, so long as they can do a good, thorough job with the EIS, Genting believes that they can mitigate the risk of litigation.

Suzanne Williams asked whether or not one would need to stay at the resort in order to patronize the casino.

With this in mind, Ms. Williams asked whether or not the proposed exit 15B had been cleared for access to the Thruway in both directions, so that there was no chance that patrons who may have had too much to drink at the casino would be traveling South on Route 17 through Tuxedo.

Referencing his earlier presentation, Mr. Goode explained that legislation approving the interchange had been adopted by the State in 1985. Required environmental and design planning still needs to be done however, and this will involve various agencies. Genting fully expects to undergo this process expeditiously while the bids are being evaluated.

Ms. Williams wanted to know whether the return to the Thruway from the resort would pose a threat to the surrounding wetlands.

Mr. Goode replied that they were currently studying that very thing, but based on the maps that were available they believed they could avoid the wetland issues. Should the need to mitigate arise there are procedures spelled out in both State and Federal Law accordingly for that process.

Ms. Williams then wanted to know if Genting would proceed with the resort if they did not have access to the Thruway South.

Mr. Goode responded that they would definitely have to re-evaluate and that it was probably not likely. They believe the interchange is crucial but they also think there are other ways, aside from what has already been presented, to mitigate the issues. The drawings included in the presentation are only preliminary.

Ms. Williams commented that she hoped this had been properly planned because with all the events and festivals that had been described, if that one piece of the traffic puzzle were not in place and traffic had to go through Tuxedo, in her view, it would be devastating for the community.

Mr. Goode agreed and further commented that they would not be presenting the project to the community if they did not believe they would be able to construct the interchange.
Jake Matthews commented that he had visited the project Welcome Center at Sterling Ridge earlier that day and found that two things were missing. The first was a representative from Genting. Secondly, he noted that the presentation/slide deck was not available and he wondered if they would be making it available to the public moving forward.

Mr. Goode responded that they would be making it available via their website, directly following the meeting.

Noting that the proposed project was intended to be Leed Certified, Mr. Matthews asked whether Genting had ever done a Leed Certified project before.

Mr. Goode responded that he personally had not worked on one. Typically, casinos cannot be leed certified because there is a smoking element with that classification, however as this resort will be non-smoking, it has the potential to be the first Leed Certified casino in the United States.

Mr. Matthews inquired as to the number of monthly visitors Genting anticipated to the facility and how this compared with current visitation to the site.

Mr.Goode replied that he did not know what the current visitorship to the site was, but that they expected somewhere between 3-5 million people to frequent the resort on an annual basis.

Next, Mr. Matthews commented that when he thought about gambling or gaming, he thought about different levels; slot machines (or one-armed bandits) vs. tables and high-end/high rollers and whales. Noting that the developer had previously stated that only 5% of the facility would be devoted to gaming, Mr. Matthews inquired as to how they envisioned parsing the mix..

Mr. Goode responded that he believed that the market would dictate the mix but in all probability what would happen was something comparable to a very high-end resort in Monaco or Vegas. When most people imagine a casino, they think of Atlantic City where all of the gaming is front and center, but Genting segments the market and goes after the higher end. Using price-points, such as minimum bets on tables, they believe they are able to create an ideal environment.

Mr. Matthews then wanted to know if Genting envisioned hosting large events, such as boxing, at the facility.

The answer was that although they are proposing an out-door amphitheater for smaller events, they have not created a showroom and do not anticipate bringing in high intensity events.

Mr. Matthews then asked whether Genting would be open to either organizing or sponsoring a Tuxedo Residents tour of one of their facilities so that the people could witness first hand the culture of the workplace and how Genting operates.

Trustee Kilduff then wanted to know of the facility’s total 1,000,000 square feet, how many square feet they envisioned the casino encompassing.

The answer was less than, 100,000, which will be less than 5% of the overall resort space (including exterior buildings).

Commenting that she was a relatively new Village resident Diana Marcus inquired as to what benefits residents of the Village in particular would gain from the development.

Mr. Goode responded that the resort would bring more economic activity to the surrounding community, which would in turn bring property values up. Also, Village residents pay town taxes, so they will see those benefits.

Referencing the 24-month construction period, Delores Marchand wondered whether the Thruway ramp would be built prior to the construction facility so that construction vehicles could access the site via the Thruway rather than coming through Town. For a project of this scope there will surely be an abundance of large trucks and she does not believe that the local roads can support them.

Mr. Goode responded that the interchange will be constructed simultaneously to the development. He pointed out that unlike other developments, where land is brought in for grading etc, this job site is relatively flat and minimal disturbance will be necessary, which will reduce the truck traffic. There may be some concrete or stone trucks, but they do not believe it will be that intensive and are willing to work to make sure that there is no adverse impact to the roads.

Next, Ms. Marchand inquired as to the capacity of the gambling area and specifically how many people could be in the casino at one time.

Mary Graetzer commented that her question had already been answered but that she had been planning to inquire about casino specifics. She further commented that she found it curious that Genting did not talk much about the casino during their presentation, as this was the aspect of the resort that she felt most people in town were worried about.

Mr. Goode replied that the casino was just one of the amenities at the resort. He pointed out that he had not spoken about the steakhouse or other fine dining during his presentation either. Genting wants the resort to be an entertainment destination. It is not a casino-centric project.

James Mezzetti, owner of the Tuxedo Ridge Ski Center, thanked everyone for their continued support of the ski center over the last 7 years. They greatly appreciate all the support.

Ellen Gluck wondered whether the developer truly believed that there would not be additional extensive traffic traveling to the resort at nighttime, disturbing residents.
Mr. Goode responded that in looking at the traffic patterns for other high-end resorts, it appears to be spread out evenly throughout the day. There will be some additional traffic at night, but he believes it is highly unlikely that it will be a material, significant increase.
Ms. Gluck interjected and informed Mr. Goode that it was the construction traffic she had been referring to.

Mr. Goode replied that most of the construction would take place during the day. The schedule still needs to be worked out, but he does not expect that construction will occur during off-peak times, with most of the work occurring between 7/9am-4/7pm. They do not want to impede on residents, nor do they want to get stuck in traffic.

Ms. Gluck inquired about the long term plan for noise control, specifically with regard to the increase in traffic, and wondered whether Genting might consider constructing a barrier on the Thruway to limit the extra noise pollution that may be caused by the facility.

Mr. Goode responded that Genting would consider anything. He reiterated that based on traffic patterns on the thruway they believe that any increase in traffic will be immaterial and not noticeable given the volume that goes on 87 already. However, if this is something that arises as a concern after the professionals have reviewed it, Genting will absolutely address it properly.

Finally, Ms. Gluck wondered whether or not that facility had any sort of operational program in place to prevent people from drinking and driving.

Mr. Goode replied that employees were trained through a state mandated program, which taught them to identify when an individual has had too much to drink. Once identified, security is called and there is a protocol put in place so that the intoxicated individual does not get behind the wheel and become a danger to the community. “It is a core belief of the organization that we want to be socially responsible.”

Chauncey Rodzianko noted that she had not seen the name of an architect included in the presentation and wondered who they would be using.

With regard to transportation, JoAnn Hansen wondered how Genting was contemplating getting people by train to the facility.

Ms. Hansen then wondered if they had considered putting in a new train stop and whether or not they had analyzed how many people might come by train versus how many would come by bus.

Mr.Goode remarked that Genting would consider a new train stop in the future, however train stops are complex and they do not have any of details or answers at this time. With regard to the train versus the bus, Mr. Goode stated that traffic engineers were currently in the process of evaluating that very thing! They believe that given the ease and time it takes to come out of Manhattan that a significant people will come to the resort via public transportation.

Ms. Hansen then asked Mr. Goode if he would comment further on comments Mr. Au had made about Genting possibly buying out Tuxedo Reserve and donating the land back to the Town.

In response, Mr. Au stated that Genting could not “buy out” Tuxedo Reserve as their property was too big. What he had been referring to was 80 acres of land that boarders the Watchtower property on Warwick Brook Road. He noted that there was some concern that this land might be bought by another entity and taken off the tax role and that Genting would be happy to help in whatever way they could. As he understands it, Related has said that they would be willing to sell the land back to the Town if they are willing pay the commercial price. This is something that Genting can help the Town to achieve financially
Regarding labor for the project, Trustee Guinchard noted that there are several different unions at play and wanted to know how Genting could guarantee that locals would get the preferential work.

Mr. Goode replied that while Genting’s preference would certainly be to use local members, it was up to the Unions to dictate by seniority who goes where. When they fully negotiate the Project Labor Agreement with the Building Trades Council, this is an issue that will be up for discussion. They will do whatever they can to have local people working there.
Trustee Guinchard then wanted to know how Genting defined “World Class Ski Center” given the confines of what exists at Sterling Ridge.

Mr. Goode responded that obviously they could not raise the mountain, but what they could do was to upgrade the equipment and lifts and construct new buildings. They are looking for a more “European type style.” That being said, they hope to continue the family oriented history of facility.

Referring to an earlier guarantee by Genting to donate at least half (6.5 million) of the projected school benefits to the Tuxedo School District, Trustee Guinchard wanted to know if Genting had spoken to Monroe about this and whether or not they were agreeable to sharing the revenue.

Mr. Goode responded that he had not yet spoken to the Monroe School Board however he had spoken to representatives of the district who had indicated to him that they were absolutely willing to sit down and talk about the revenue share.

Speaking to a guarantee made earlier by Mr. Au with regard to maintaining current ticket prices for both the Ski Center and Renaissance Festival, Trustee Guinchard pointed out that many people in the community are accustomed to the current prices, which are affordable. She wondered if ticket prices would be increasing with the development.

Commenting that he was unsure of what the exact ticket prices would be, Mr. Goode assured Trustee Guinchard that residents of both the Town and the Village would continue to enjoy the same prices that they do today.

Trustee Guinchard then wanted to know how many seats there would be in the amphitheater and how many people Genting anticipated would attend the Renaissance Faire once it has been enlarged.

Stating that he had honestly not contemplated the number of seats that would be in the amphitheater, Mr. Goode projected that there might be 1,500 – 2,000. As far as the Renaissance Faire, they are hoping to spread the event out over 5 days (rather than the current weekends only schedule) which should make the size of the crowds less intense. They believe that because they will be able to market the faire to other regions, there might actually be some increase in attendance.

In terms of reimbursement, Trustee Guinchard commented that a town the size of Tuxedo did not have a ton of cash to draw from and wondered whether Genting would be putting money into a fund up front hat they could draw down from.

Mr. Goode replied that this was the purpose of the initial application fee, which would be paid to the town following their letter of support.

Trustee Guinchard asked whether this fee was negotiable or determined by the State.
Mr. Goode informed her that it was negotiable.

Architecturally speaking, Mayor Neuhauser commented that there had been some concern about the size of the renderings and she wondered how likely it was that there might be some size modifications in terms of the structure’s height.

Mr. Goode replied that the renderings had been created for the video that was used to present the project to the community and that Genting is actually looking to scale it down. He believes that the look will be the same, but stated that he “would not be surprised if it got a little bit shorter.” The goal is for the resort to be largely concealed and they do not want people to be able to see it unless they are on site.

Trustee Kilduff asked for an explanation of the partnership with the local emergency management services, specifically the fire, police and ambulance corps.

Mr. Goode responded that Genting would provide funding and training equipment. As the facility comes online, there will probably be a need for increased police services. There could also be a need for new fire equipment to service the facility. This goes for ambulances and emergency medical technicians as well. All of this will be a part of the host community agreement, in which research and analysis will determine the quantity of services needed to ensure that levels stay the same or improve.

Trustee Kilduff wondered if this would include training as well and the answer was yes.
With regard to the school taxes, Trustee Kilduff commented that he wanted to make sure he had heard Mr. Au correctly when he guaranteed that the Tuxedo School District would receive 1/2 the total tax revenue.

Mr. Au confirmed this. Speaking to earlier concerns about the size of the hotel, Mr. Au stated that the height could certainly be altered and that they would be constructing a large model, (roughly 10 feet by 6 feet) so everyone would be able to get a better idea of what the facility would look like and how it would fit into the terrain. He further commented that Genting would be willing to help Tuxedo with the Mulch Pile. He suggested that they might either be able to use the majority of the mulch in renovating the gardens or that they might be able to find a commercial solution for relocating it.

With regard to emergency services, Jake Matthews stated that he believed it was one thing to be able to defray some of the initial costs by picking up either full-time employees or new equipment, but he wondered what Genting was offering in terms of dealing with the long-term liabilities such as pensions etc.

Mr. Goode responded that he did not know what the towns costs were for the various employees off hand, but that this would all be part of the host agreement and that whatever they anticipated the costs would be, that was what they expected to contribute back so that from a comprehensive cost prospective, it would be neutral or zero cost to the Town.
Finally, Mr. Matthews wanted to know whether the host agreement would be focused mainly on the school taxes or other issues as well.

He was told that primarily it would deal with town issues (i.e. infrastructure, fire, emergency services, etc) Due to the unique nature of the school situation, this will also be encompassed in the agreement.

Mr. Matthews wondered if an organization such as Genting would agree to pre-conditions prior to the issuance of a support letter.

Mr. Goode answered that he was not sure if this had ever been done but that Genting was open to discussing anything.

Danielle Paccione , a resident of Greenwood Lake, noted that her community would also be impacted by the resort in a number of ways and wondered specifically what they could do to help push the project.

Mr. Goode agreed that all of the surrounding communities would be affected and suggested that she reach out to her local municipality and formally voice her support. He further commented that Genting would be meeting with the surrounding communities from Warwick to Greenwood Lake and Monroe because they want the entire region to embrace the project.

Tony Davidson voiced his strong opposition to the project. He noted that the presentation had been well put together and persuasive and that Genting seemed willing to fund anything and everything, which to him seemed almost too good to be true. With all due respect to their generosity, he does not believe that the character and the core of this community should be for sale. He believes that it will fundamentally change the nature of the community and destroy many of the elements that residents cherish most. His family, and most of his neighbors, moved to Laurel Ridge precisely because it is “off the beaten track” and removed from high activity areas. The proposed gambling facility will instead place them at the center of all the baggage that it will bring. What baggage? In 2010 the Journal of Health Economics published a study that concluded that the presence of casinos create a significant increase in drunken driving, especially for low population communities. In 2011, the Florida State Attorney General spoke out against proposed casinos including at least one proposed by Genting, citing the affinity that drug dealers have for laundering money through casinos. A simple GOOGLE search reveals endless articles about prostitution and drug busts associated with casinos, not that the casinos themselves are directly involved, but they draw the clientele. These are just some of the problems that are associated with the environment that casinos in general may create. In Tuxedo’s case, Mr. Davidson fears more problems that will specifically affect him and his neighbors and everyone in Tuxedo. He fears that crime and the sudden influx in strangers streaming by with easy access to the Thruway will bring to this, until now, largely hidden corner of the world. He fears the increase in traffic accidents. He cannot imagine how many deaths and injuries might result from the astronomical increase in traffic as deer go back and forth across the road. This is, after all, a major forest. He fears the impact that the gambling house will have on every single business in Tuxedo once nobody drives through town on Route 17 anymore because of the new interchange. People who come to a casino resort stay at the casino resort! They don’t go off and visit neighboring businesses. He fears the effect of the pollution (air, water, noise, light) from all the cars and construction that the facilities operation will bring. His drinking water is on that road. Most of all, he fears having to try and explain to his kids that this town was sold to people who think that gambling is a solution for our core problems. Genting has promised money and amenities and more money, but people are not being told the price that residents are going to have to pay. If the project goes through, he believes that this will no longer be the Tuxedo everyone knows, the mountain and forest community that people moved to or grew up in. It will effectively be owned by someone else and it will be beholden to them and there will be no going back. Mr. Davidson urged the Village Board to tell Genting and any other prospective bidders that they thank them for the flattery and the attention, but no thank you, Tuxedo prefers to be its own town. Others may welcome the proposal but he does not believe it should be here. He has put together some petitions for people who share his views and announced that he would stick around after the meeting and circulate them to any interested parties.

Bernie Finick introduced himself as a resident and business owner from Greenwood Lake. He stated that he believes that this is a once in a lifetime opportunity and that rather than focusing on individual needs, people needed to look at how the project would effect the entire community and do what is best for everyone.

Robert Cannillo, the general manager at Sterling Ridge thanked the Mayor and Village Board for hosting the forum and also Tuxedo Park School and residents of the Village for their ongoing support of the ski center. He also thanked the representatives of Genting for providing the opportunity for the debate and it is a fantastic opportunity for the community to come together and discuss the project. To be clear, he stated emphatically that Tuxedo Ridge was behind the proposal as it would preserve the ski center moving forward.

Maintaining the ski center is a struggle from year to year, but they do it because they love the facility and are passionate about skiing. What is being proposed is a resort with a gaming facility within it. The casino element is understandably the tough part to understand, but the benefits are great! He asked that people keep an open mind when considering the project.
An audience member inquired about Gentings’ Plan B in the event that Tuxedo is not agreeable.

Mr. Goode responded that they were looking at another site in Orange County.
When asked for specifics on the location, she was told “further north.” When asked if it was in Newburgh, she was told that it could be.

Town resident Chris Mallan commented that he had been living in Tuxedo for 22 years and had raised his 5 children here. Commenting that he felt he had heard “a lot of things he didn’t believe from a professional salesman” Mr. Mallan stressed that all that was being offered was a lot of tax dollars. Everybody knows that in New Jersey and Yonkers and Queens the communities received tax dollars with the onset of casinos, but the taxes did not go down…because taxes never go down. He feels that the Town is an economic hole and they are looking to Genting for a quick fix. He wondered whether anybody really believed that KJ would be willing to part with millions of dollars in tax revenue because Mr. Goode asked them to. He further wondered if people actually believed that the mulch pile would be cleared up simply because Mr. Au said it would. Even if they do a lot of work over there, there will still be poisonous ground water. Genting’s facility in Queens is a sewer. It’s loaded with crime. Mr. Mallan lives a mile away from the proposed site! There are have been 126 reports of crime in the Queens facility since January. He doesn’t want this kind of thing a mile away from his children! He begged the community not to do this to him and his family.
Mr. Goode responded that the crime statistics presented by Mr. Mallan were incorrect and that if he were to call the 106th presinct he would discover that crime around the Queens facility had actually improved since it opened its doors.

Mr. Mallan suggested that this was a “bold faced lie.” He wondered if it defied common sense to believe that a casino won’t bring crime? People do not get off the bus a block before the casinos in Atlantic City because it is a slum! This proposal will bring that to his neighborhood.

Mr Au responded that Genting understood that nothing was perfect and that Laurel Ridge was definitely a factor and they would be willing to sit down and talk with the people who live there. The clustering of casinos in Atlantic City are drastically different from what is being proposed here. He reiterated that Genting would work with the community in multiple ways to lesson any impacts from the development. He suggested that Mr. Mallan could sell his property and relocate if he wanted to. If not, he assured him that Genting would work with the residents to increase security and possibly even install a gate at the entrance to the neighborhood. This was not well received by Mr. Mallan, who commented “You’re offering me 50 new police officers and a gate at the end of my road…..Trayvon Martin had a gate at the end of his road. You’re offering me high crime, 50 new police officers and a gate or I can relocate. Because you know that crime is going up.”

“Let me explain to you about crime.” responded Mr. Au, to which Mr. Mallan shouted “I was a police officer in The Bronx for 20 years, don’t explain to me about crime! My mother-in-law lives down the block from your Queens facility. It is a sewer sir. The crime has gone up! Murders!”

Benny Mulvaney commented that he loved the idea of exit 15B however, as everybody knows at Monroe Woodbury there is a toll. Many people utilize Route 17 as a toll free passage and come through Tuxedo and Sloatsburg to avoid the fee as they travel to Rockland County and New Jersey. Acknowledging that Genting had agreed to fund the construction of the interchange, he wondered what they could do to help with ongoing maintenance in order to ensure that the Thruway does not install a toll there and divert traffic back onto Route 17.

Mr. Goode replied that he could not speak for the Thruway Authority, however they would not expect for there to be a toll there as there is not one at exit 15 A. “If they are not tolling at 15A, why would they toll at 15B as it is the same people?”

Trustee Kilduff pointed out that there was some fear that people would get off the Thruway at the new exit in order to beat the toll at exit 16 and thus bring more traffic to the northern tract of town.

Mr. Mulvaney expressed concern that between this and Tuxedo Farms, if that ever comes to fruition, if people are not using the exit, there will be more and more traffic on Route 17.

In an effort to crystallize the issue at hand, Harry Porr stated that the County Executive’s office had evaluated the proposals very carefully. They realize that there are both negatives and positives but on balance they believe that a casino in Orange County would be a good thing for the reasons previously outlined. A gesture of support by the appropriate Board keeps the discussion going but if there is no such support there will be no casino in this part of the county.

Andrea Deming commented that she lived directly across the street from the proposed development on Katrina Court. Despite the fact that they tout their community involvement, the Demmings heard nothing about the proposal from Genting directly. Rather, the yhad to read about it in the newspaper. They moved to that spot two years ago precisely because of the remote location. This is going to change right before their eyes. She wondered if Genting had even considered the 4 homes on their cul de sac. She inquired about what would become of the park & ride, currently located where Genting has proposed a traffic circle, commenting that she parked there for free every day and took the bus to work. She marveled at the fact that they were proposing to build a facility like this directly across the street from a residential area.

Mr. Goode responded that “obviously they could not discuss everything with everybody” but that they would be more than happy to sit down with Ms. Deming and her neighbors to discuss ways of mitigating the impacts. He assured her that Genting had not intentionally slighted them, and suggested that the time constraints were the reason they had not made contact. He reminded Ms. Deming that the property was zoned for tourist and commercial use. He believes that something along these lines has always been a part of the long-term plans.

Robert Railman , who also lives on Katrina Court, inquired of Mr. Goode as to what would happen if Caesar’s won the bid to develop a casino in Woodbury and specifically how this would effect their business model.

Mr. Goode replied that if Caesar’s won the Woodbury site bid, Genting would not construct their facility.

Mr. Railman then asked about parking at the facility and was informed that they intended to construct a multilevel structure behind the building.

Finally, Mr. Railman wondered if there were any plan in place for the people living in the residential area adjacent to the project and specifically whether it would be possible for them to sell as he does not want to live there if the project goes through.

Mr. Goode responded that there would definitely be options and that Genting would like to sit down with the neighborhood and talk.

Phil Thearanty, Director of Attraction for the Orange County Partnership, the office of economic development commented that his department is embracing the onset of casinos as they will bring in enormous tax revenues to benefit the county and municipalities while mitigating the potential negative impacts. His office has reviewed all of the proposals before the county. They have met from the folks from Genting many times and have found them to be genuinely community oriented and very motivated in that. The Orange County Partnership believes that this is a tremendous proposal because of both the amenities and the community minded approach. They are also impressed by the innovative and generous ideas such as the proposed “rewards points” to help drive business in the community. Genting is not looking to build a “cookie cutter” resort, but rather to create an original, cutting edge, top knotch facility that embraces the community. The project is a winner. Genting has the where-with-all to get it done.

Keith Garley a life time resident of the area, commented that he had worked in the Sterling Forest Gardens in the 1970s as had his mother, and, if Genting could bring them back to even half of what they once were, it would be a drastic improvement. Things are very similar to how they were in the 1970s There are no jobs in Tuxedo. Kids are leaving. The one’s who stay are making bad choices with drugs and heroin. This community needs this! Yes, there will be changes and an increase in traffic, but these things are coming anyway. This place is not going to stay rural forever. He was a police officer in NYC for 20 years. The crime people are referencing happens outside of the casino and is usually the work of unscrupulous street people who live near by and have nothing better to do than to stir up trouble at the casino. There’s nothing going on on the casino floor because there are cameras everywhere.

Mr. Mallan chimed in that he lived on the outside of the casino and it was his neighborhood that would be affected.

Mr. Garley responded that he understood this, but wondered if Mr. Mallan feared that there were going to be hooligans sitting on the stoop outside his house drinking beer. Mr. Mallan replied that rather he was worried that somebody might look to jack his wife out of her car, similarly to the stuff that happens down in Queens.

Mr. Garley stated that he believed this was a one time opportunity for Tuxedo and that “it’s not what you do in your lifetime that is important, but rather what you leave behind for your family and friends.” If Tuxedo doesn’t take advantage of this, it is over. He suggested that residents should allow Tuxedo’s elected officials to work with Genting.and scrutinize the plan.

Introducing herself as a resident of Warwick, Rebecca Fourchet commented that she and her husband were both in strong support of the project. They chose to live in this area because they like the small town community that exists here. Not only does she believe that the the project will bring economic benefits to the school and the town, but she also feels that it will provide exposure for young people. In her view, tuxedo needs this for the future of the community.

On behalf of Kristy Apostolides, Meg Vaught inquired as to whether or not Genting would consider developing the resort without the casino.

Mr. Goode responded that while Genting has developed resorts without casinos in other parts of the world, they feel that in this case the other amenities would be hard to support without the casino and he did not envision it happening.

Lastly Peter Stachowiak, from Chester commented that he understood that impacts from the resort on the town of Tuxedo would be great, but he pleaded with people to consider the surrounding communities. Personally speaking, his wife recently lost her job with a utility company after more than 20 years of service. Now Mr. Stachowiak is struggling to support his family on a salary of $20,000 a year. The unemployment rate in this area phenomenal. Genting promises 2000 jobs starting at $50,000 a year and something like this could make or break his family! As far as the crime, he stated that in his view, many of the people who had voiced their concerns should apologize to the Tuxedo Police Department. Tuxedo has always been an incredibly safe place and to suggest that it is going to get worse as a result of the project is an insult to them.

Village Board of Trustees to Hold Special Meeting Regarding Proposed Casino April 30 - 7pm

There will be a Special Meeting Board of Trustees Meeting on Wednesday, April 30th at 7 p.m. at the Village Office. The purpose is a presentation to the BOT by Genting Americas who are looking at the Tuxedo Ridge site on Route 17 A for possible purchase and development. The public is welcome but there will not be a public comment session.

The Town of Tuxedo will hold a similar presentation by Genting on Monday, April 28, at 7 :30 p.m. in the GFB High school auditorium, again, all are welcome.

The Village Board of Trustees met on Tuesday, April 22 at 7pm. Deputy Mayor du Pont and Trustee Kilduff were absent, as were Police Chief Ken Sanford and DPW Superintendent Jeff Voss.

Mayor’s Update:
Mayor Neuhauser began by announcing that the Village has begun collecting resident e-mail addresses in an effort to build a master list that can be used for Village notifications as well as general communication. Signup information can be found on the Village website.
The Warwick Brook Bridge is in desperate need of repair. Together with DPW Superintendent Jeff Voss and Village Engineer Rich Messer, the Mayor met with a gentleman who makes concrete planks to discuss possible repair options. The idea is to take up the roadway and install either 2 or 4 planks beneath, where erosion has eaten away the bridge. Then, once the road has been relaid, new railings will be installed along both sides. The Mayor is hopeful that this work will take place sometime during the month of June.

Progress has also been made with the WeeWah Dam, although there remain some details that need to be worked out with the DEC.

A lot of work has gone into putting together the new Cablevision Franchise Agreement and Mayor Neuhauser expressed her gratitude to Trustee Guinchard, Village Attorney Rick Golden and Cablevision for all of their hard work.

Finally, the Mayor noted that the heavy winter caused quite of bit of damage throughout the Village, especially to the roadways. The DPW is keenly aware of all the work that must be done has begun working slowly and carefully to remediate things. She requested that residents not call the Village office to point out obvious repairs as they are already cognizant of most of these issues.

DPW Update:
Superintendent Voss was present and therefore, an update was not given.

Building Department Update:
Click here to read a copy of the Building Department Report for the month of April.

Public Comments:
Peter Regna reported having been at a meeting at the American Legion Hall earlier that afternoon, at which Genting America expressed interest in buying the Sterling Ridge Ski Center as well as the property directly across the street (parking lot and gardens) and Renaissance Faire Grounds for the purpose of constructing a large casino and resort. A video along with general site plan was presented at the meeting. The Casino and resort would be constructed where the parking lot is currently. The ski center would remain operable during the winter months with seasonal activities such hiking and camping during the other months of the year.

The group claims to have the money to fund the construction of a new Exit (15B )from the New York State Thruway to allow for easier access and traffic mitigation. Mr. Regna spoke directly with Genting’s lead representative, Christian Goode, who expressed an interest in meeting with members of the Village Board. A number of the Town Council were present at the meeting as were some members of the Town Planning Board.

Mr. Regna passed along Mr. Goode’s card and encouraged the Board to attend any future meetings regarding this potential project.

Mayor Neuhauser thanked Mr. Regna for this information, commenting that she had heard nothing of this project until now. She further commented that she had been dismayed with potential plans for a similar casino in the town of Woodbury and had written and submitted a personal letter of dissatisfaction with regard to that plan.

Village Attorney Rick Golden commented that he also served as Attorney for the Town of Woodbury. He inquired as to whether or not the Board would like to have an update on the situation with their casino.

Mr. Golden began by providing a brief history as follows:
The Town of Woodbury was approached by Flaum Management, who have interest in building a large casino resort and convention center on the ICCA Site, which encompasses the land on the East side of Route 17 between the Harriman Train Station and Nepera. Before they can submit an application to the State, the group must have a letter of support from the hosting community. The application is quite extensive and includes site plans as well studies, calculations and plans for drainage and traffic. Flaum has offered to fund upgrades to the existing Thruway exit in Harriman or, barring that, to construct an Exit 15B (similar to Genting’s proposal) These details will be firmed up sometime between now and June 30.

Under the new state provisions, there are allowed to be 2 casinos in the lower Hudson Valley. The Governor formed a site selection committee and location decisions are expected by October. Once the locals have been set, there is a $70,000,000 licensing fee, which must be paid to the State. Construction must be completed within 24 months. Because the construction window is so short, many applicants such as Flaum, have already begun the Environmental Review process (SEQRA etc) in an attempt to get ahead. If the locations are not approved, these developers will lose the money they invested in the reviews. In addition to requiring a letter of support from the hosting community, feedback from the surrounding communities is also being sought. The Village is welcome to provide input and Mr. Golden suggested that if they wanted to do so, they should request a meeting as soon as possible.

Both Mayor Neuhauser and Trustee Goodfellow stated that they felt a meeting would be a good idea. The Mayor further commented that she could not believe that the State would entertain the idea of two such facilities so close to one another. She expressed concern with regard to the state of Route 17 and it’s ability to withstand such an abundant increase in traffic. She pointed out that between this proposal, the Watchtower with their World Headquarters on Long Meadow Road and Tuxedo Reserve the Village was really being “squeezed from every corner.” She thanked Mr. Regna and Mr. Golden for providing them with the information and stated that she would contact Supervisor Rost and make sure that the Village was included in any future meetings regarding a Sterling Forest Casino.

Sally Sonne commented that the long winter had afforded her plenty of time to think as she repeatedly drove up and over Tower Hill Road to get the West side of the lake. While the Causeway has been opened to one-way traffic and the proposed tear-down and rebuild of the wall is now half of the original condemned wall, the situation has been ongoing for 14 months. While Village engineers and local contractors have finally put together a plan to tear down and rebuild a portion of the wall, they are unable to move forward because of the restraining order and there seems to be nothing anyone can do but wait while the case is in court.

Mrs. Sonne reminded that Board that 6 months ago she had provided them with the name and contact information for Professor John Ochsendorf, a Professor of Civil and Environmental Engineering and Architecture at M.I.T, who she believes to be
the foremost expert on historic masonry walls. However, “the feeble effort” on the part of the Village to engage the Professor by simply forwarding along exisiting engineering reports and photographs resulted in a predictable, lack-luster report which basically said nothing Mrs. Sonne wonders how the Village can be satisfied that are doing everything possible to resolve the situation if they were unwilling to hire the foremost expert to have a look.
Noting that money is “supposedly” tight, she commented that in her view, the Village had wasted lots of money on this issue to date.

To this end, Mrs. Sonne has been thinking that she might attempt to raise the necessary $15-20,000 to fund the professor privately. However, she cautioned that before she would be willing to make that effort, she would need certain things from the Board.

First, she stated that she would like the Board to acknowledge that Ochsendorf is the number one expert that they are aware of and that they would pay attention to his report. Secondly, If the professor is able to make a trip to Tuxedo, the Village would have to permit him to be next to the wall on the road where it is blocked off now. In other words, “the Village would agree not to interfere with his work.”

There are a lot of uncertainties with this idea. Mrs. Sonne is not certain she will be able to raise the money and if she can raise it, she is uncertain whether or not the Ochsendorf will be available to come. If he does come, his diagnosis is entirely uncertain. He might conclude that he wall is in no danger of falling in the coming months and that the Causeway should be opened until remediation work can begin or, on the other hand, he might suggest a plan that preserves the wall. He might say “Tear it down.” No one knows.

While it is a risk, Mrs. Sonne feels that it is one worth taking and that there is very little downside to it. She believes that until Professor Ochsendorf has examined that wall, nobody can be certain that the Village is doing the right thing.

She requested that the Board discuss this proposal and provide her with an answer.
Mayor Neuhauser responded that she thought both the Deputy Mayor and Trustee Kilduff would want a say in the discussion and since neither were present, she didn’t feel it would be right to render any sort of decision. That being said, she further commented that she understood Mrs. Sonne’s perspective and she suggested that perhaps while she was waiting for the Board’s response, Mrs. Sonne should take the initial steps of contacting the Professor to see if he might be available.

Trustee Goodfellow commented that this was a matter that was currently in litigation and awaiting a decision from The Judge. After that decision has been rendered, the Board can discuss options as to how they want to proceed. She further stated that she was not prepared to agree that Ochsendorf is the number 1 expert or that the wall, which was constructed in two parts, should be considered fine stone masonry or historic.

Trustee Guinchard commented that despite this, she felt it could be good for Mrs. Sonne to take the first step in contacting Ochsendorf.

Village Attorney Rick Golden confirmed that if she were to do so it would not adversely effect the litigation.

Mrs. Sonne commented that she would be open to other experts if the Village had any in mind.

The Mayor commented that she believes that Ochsendorf is, without question, very credible and that since there seems to be nothing but time while waiting for the Court to render it’s decision, Mrs. Sonne should consider reaching out to Ochsendorf to obtain his schedule and fees.

Committee Updates:
With regard to The Keep, Trustee Goodfellow reported that several bids had come in and that based on what was received the committee had revisited certain aspects of specs and were planning to rebid the project. Unfortunately, it has become apparent is that the Village does not currently have the money to properly fix the building. The Keep is one of the most iconic structures in the Village, having been designed by Bruce Price. It is in need of a new rood and new windows and must also be repointed. While it has not yet become structurally unsound, it is well on its way. The Village does not have the benefit of time in making the necessary repairs. Chief Budget Officer du Pont is looking at possible ways to finance the project. In the meantime, architect Billy Mincey is prepared to make a presentation tot the public about the history of the building. Trustee Goodfellow believes this will be both an informative and important piece for the community so that they may understand the importance of taking care of historic, Village owned properties.

With regard to Lakes Management, Trustee Goodfellow reported that she had met with Martin A. Badinelli, General Manager at the Tuxedo Club to discuss the issue of geese on their property. The Club has purchased a Border Collie to assist them in mitigating the problem and Trustee Goodfellow commented that it would be interesting to see how the Village and the Club could work together on this moving forward.

Dena Steele wondered if it were not too far along in the season for a Border Collie to be effective and Trustee Goodfellow responded that in her view, it was never too late to harass the geese. Unfortunately, there was no money in this years budget set aside for the harassment of geese, so this will have to do.

The CSLAPS program will be commencing shortly and Trustee Goodfellow will be attending a conference in early May.

The Village has always participated with PRISM (Partnerships for Regional Invasive Species Management) and Trustee Goodfellow was happy to report that New York State has finally made some funding available to this group, which should make them an even more valuable organization to be involved with. (The Village has been somewhat aggressively managing a Eurasion Water Milfoil problem in all three lakes for the last 3 years)
An update on the strategic plan will be given at the next meeting.

Approve 2014-2015 Tentative Budget (General & Water):
The Board voted unanimously in favor of adopting the 2014-2015 Tentative Budget for the General Fund and Water fund as presented with total appropriations in the General Fund of $3,963,832 and tax levy of $3,471,529 equaling a tax rate of $52.5355 per $1,000 of assessed valuation and the Water Fund with appropriations of $768,042.

Approve Cablevision Franchise Agreement:
Village attorney Rick Golden provided a brief overview of the new 10-year Franchise Agreement, which was negotiated over the last several months. Some new provisions include improved back-up power and more responsive service following storms as well as some enhanced service at TPS. The idea of bringing a dedicated aerial line for the purpose of hosting a Village dedicated TV Channel (which could run Village meetings on a delay in addition to providing other local information) was discussed with the provider during the negotiation process, however it was determined that the cost of this service would be too great. Cablevision has suggested that the Village explore the idea of sharing a local access channel with the Town of Tuxedo and suggested that they would provide a $1,700 grant to help fun the necessary equipment.

Following some further discussion, the Board voted unanimously in favor of approving the Franchise Agreement.

Tuxedo Park School Request:
Tuxedo Park School is planning to expand their summer program in 2014 with more offerings for a more varied demographic of kids spread out over a longer period of time. Because the camp will be made available to children living outside of the Village, an increase in traffic to and from the school will result. Several of the sports programs as well as an offering from Hudson Valley Shakespeare will be run by outside companies, with registration to be handled by those third parties. The Village Code places restrictions on public activities involving private roads and written permission from the Board will be required. Camp curriculum and the number of anticipated campers was discussed as was the idea of adding the Village as an additional party to any and all Insurance Agreements. Mayor Neuhauser expressed her support for the program commenting that she believed it would help to ensure the health of the School by fostering interest while keeping things alive. Following some further discussion, the Board voted unanimously in favor of approving the request provided that the Village is added as an additional insured.

Appoint Election Inspectors:
The Board voted unanimously in favor of appointing Nils Gerling and Dorothy Schmitt as inspectors for the June 17 election at rates of $15 and $13.50 per hour respectively.

1. Call to Order
2. Pledge of Allegiance
3. Mayor's Update
4. Police Update
5. DPW Update
6. Building Department Update
7. Public Comments
a. Speakers must sign in and are limited to 5 minutes per topic.
b. Written comments must be submitted by 4pm on the day prior to the meeting.
8. Committee Updates
9. Approve 2014-2015 Tentative Budget
10. Approve Cablevision Franchise Agreement
11. Approve Lakes Proposals
12. Tuxedo Park School Request
13. Appoint Election Inspectors
14. Approve BOT Minutes
15. Audit of Claims (Bills)
16. Adjournment

PLEASE TAKE NOTICE that the Tentative Budget for the Village of Tuxedo Park for the
fiscal year commencing June 1, 2014 and ending May 31, 2015 has been filed in the office of the Village Clerk and that the Board of Trustees of the Village of Tuxedo Park will hold a public hearing to consider such budget on Monday, April14, 2014 at 7:00p.m., in the Village Hall, 80 Lorillard Road, Tuxedo Park, NY, and to consider any other matters that may come before the Board on said date. No salary is paid to the Mayor or Trustees.

BY ORDER OF THE
BOARD OF TRUSTEES
VILLAGE OF TUXEDO PARK
Deborah A. Matthews
Village Clerk-Treasurer

The Village Board of Trustees met on Tuesday, March 25 at 7pm. Trustee Goodfellow was absent.

PUBLIC HEARING – Cablevision of Orange/Rockland Franchise Agreement:
The meeting began with a public hearing for the Cablevision of Orange/Rockland Franchise agreement. A copy of the agreement can be viewed here. Representatives from Cablevision provided a brief overview of the document, after which the public was invited to ask questions.

Sally Sonne inquired about phone service, pointing out that the agreement has a section entitled REQUIREMENT FOR ADEQUATE TELEPHONE SYSTEM, however when she attempted to sign up for phone service through Cablevision in order to take advantage of the Triple Play rates, she was told that they would be unable to provide it.

The Cablevision rep explained that the franchise agreement outlines what the standards of service must be, however each situation is different and in some cases there are specific reasons why it might not be possible to provide service.

A gentleman inquired about Wi Fi in the Village, whether it exists and if not, what the reasoning was.

It was explained that currently Wi Fi is not available in the Village and that typically what is needed in order to establish a Wi Fi zone is a combination of Internet access and a high concentration of people/users. Establishing a zone is something that could be investigated further if the Village is interested.

Board attorney Rick Golden stated for the record that negotiations were on going and that although the public hearing was a part of the legal process, the agreement did not need to be signed until May.

Mayor’s Update:
There have been frequent bear sightings in the Village over the course of the last several weeks and Mayor Neuhauser reminded residents that they should be vigilant about securing their trash and birdfeeders. She cautioned that when sighted, the bears should be left alone and allowed to travel back into the woods safely. She mentioned that Dena Steele had recently sent an informational postcard on this subject to residents using the water departments’ contact list and thanked her for her efforts. Additionally, a precautionary sign has been posted at the Front Gate.

From the audience, AudreyPerry complained that those residents who have wells did not receive the mailing. She further commented that this is not the first time community wide mailings have been sent using that department’s contact list and that this was not fair for those residents who are not on it.

Mayor Neuhauser empathized with this, but explained to Mrs. Perry that the mailing done by Ms. Steele was a personal effort, not sanctioned by the Village, and that Ms. Steele had paid for the list.

The Village office has been receiving a fair number of phone calls for matters that really should be directed to the Police. Although it is understandable that some residents might feel more comfortable speaking with Debbie or John, the Mayor requested that residents please direct their calls and complaints to the proper entity.

Trustee Guinchard has been working to put together a comprehensive welcome packet for new Village residents. Historically, new residents have received general information from the Police Department upon their arrival, but the new packet will include not only important phone numbers and contact information for emergency services, but also information regarding building permits as well as the design guidelines and other general information pertaining to life in the Village. The idea for the packet came from the recent feedback that was collected for the purpose of developing a new strategic plan and Mayor Neuhauser thanked Trustee Guinchard for her efforts commenting that she felt this would be a “big help.”

Police Update:
Chief Sanford reported the following for the month of February:
Criminal Complaints – 1
Non-Criminal Complaints – 32
Property Damage Complaints - 1
Speeding Summonses – 10
Intrusion Alarms – 4 (all false)
Medical Calls – 1
Fire Alarms – 3 (all false)

Additionally, 6, 804 untagged vehicles entered the Village via the Front Gate.
In other news, the Chief reported that deer culling has been completed for the season. A total of 42 deer were culled over 9 days and the meat was sent to various cooperatives in the area. Additionally, a comprehensive, up to date deer management plan has been sent to the DEC as previously requested.

The Village is working on putting together a plan that will allow more local people to get involved with the hunt next season. This will probably involve bow and arrow hunting to take place prior to the official culling efforts, however the details still need to be worked out.

From the audience, Sally Sonne commented that she was glad to hear this as she felt it was important to involve local people in the effort. She then inquired how the meat was transported to the cooperatives and was informed that it was picked up from the Village and transported to the various locations by the food banks themselves.

DPW Update:
On behalf of the DPW, Superintendent Jeff Voss reported that his department has been keeping busy filling potholes and patching the roads. They have also begun work cutting some large, dead pine trees at the south end of the lake, where one actually fell last Friday. Commenting that several of the trees were dead, Superintendent Voss suggested that it was their goal to get the trees down before they fell on their own.

The purchase of a 2015 Ford 4X4 with plow and sander was discussed. Money for the purchase of the vehicle was allocated in last year’s budget, however the truck has only just come up for bid. As the expenditure will not make it into this fiscal year, it will be rolled over into the 2014/2015 Budget. Following a brief discussion, it was agreed that the Board would vote on the purchase vehicle first and the line up the financing afterward. Deputy Mayor du Pont explained that this would probably entail contacting three lenders in order to secure the best possible deal. Superintendent Voss believes it will take 3 to 4 months for the Village to receive the vehicle. The Board then voted unanimously in favor of the purchase at a cost of $47, 760.78

Building Department Update:
Click here to view a copy of the Building Department report for the month of March.

Public Comments:
Sally Sonne mentioned that while walking on Brook Road (unpaved road, not used for vehicle traffic running through the woods from the top of West Lake Road up to Camp Comfort Road) she had noticed several large trees which had fallen but were not all the way down and instead hung over the road in a somewhat precarious way. Noting that there were a lot of people who might be able to make good use of the wood, she wondered if the Village might consider bringing the trees all the way down and allowing access to the wood. She further noted that she did not believe that the DPW should do this at the taxpayers expense and wondered if residents might be granted access to do the work themselves.
Deputy Mayor du Pont inquired of Attorney Golden whether or not the Village might be able to grant a liability waiver for those individuals wishing to take the trees down.

Attorney Golden responded that the village could always create a waiver if they wanted to; the issue would be whether or not people attempted to get around it. He further suggested that before proceeding in this regard the Village should first confirm that they were the owners of the property. He pointed out that not all roads (paved and/or unpaved) made the transition when the roadways were originally dedicated.

Mayor Neuhauser agreed and stated that the Board would look into this. In the meantime, she suggested that she and Superintendent Voss take a walk to the area in question to determine how easily the trees could be brought to ground level.

Mrs. Sonne thanked them, commenting that she had not been back there since the fall and there was a chance that the snow could have brought the trees down on their own.

Committee Updates:
There were no committee updates. With regard to The Keep, Mayor Neuhauser reported that things were proceeding on schedule. An opening bid date of March 31 at 2pm has been set.

LED Light Example & Possible Discussion:
Mayor Neuhauser asked the members of the Board whether they had noticed the LED street light that has been installed on the pole just south of St. Mary’s.

The Mayor agreed with this assessment. She further commented that although the fixture had appeared rather large and unattractive sitting on a desk, she felt that it was rather innocuous once installed. She suggested that the other Board members take note as it might make sense to install a few of these fixtures in key intersections/locations (away from people’s houses) throughout the Village.

Trustee Kilduff wondered if the fixtures came equipped with proper caps to prevent the light from interfering with migrating birds, suggesting that this might be an issue for some.
Building Inspector Ledwith pointed out that all of the fixtures were angled downward and that he did not believe this would be an issue.

Mayor Neuhauser stressed the efficiency of the LED lights, pointing out that they hardly ever needed to be changed, which would be a major benefit.

It was agreed that the Board would take note of the fixture over the next several weeks and revisit the discussion at a later date.

Set Date for Code Review Workshop:
Mayor Neuhauser suggested that before the Board turned their attention to code review, they should complete the budget process. It was then agreed that they would meet on April 8 at 7pm in the Village Hall to review/discuss the preliminary budget
A public hearing for the budget will take place on April 14 at 7pm, also in the Village Hall. It was agreed that any discussion regarding a code revision workshop would be tabled until Trustee Goodfellow’s return.

St. Mary’s Requests:
Once again, St. Mary’s is requesting permission to hold a benefit bike ride, which will involve cyclists in two groups riding through a portion of the Village early on the morning of Saturday April 26. Additionally, the church would like to conduct a benefit walk around the Wee Wah lake for people who would like to participate in the benefit but are either unable to ride or have children under the age of 10. Participants in the walk will park their vehicles at the Wee Wah Beach Club during the event. There was some discussion with regard to the number of participants for the bike ride. Safety is a concern and the Board is hesitant to have a large group of riders on the roads at any one time. Sally Sonne commented that she had participated in the event last year and that there had been virtually no traffic. Considering that the event is a fundraiser for the church, she suggested that the Board consider increasing the number approved participants. Following some discussion, the Board agreed that up to 35 riders should be allowed to register for the event. The Deputy Mayor expressed some concern with regard to marking the roads, commenting that the markings from the previous year were still visible in several spots and that the Village had been promised that all markings would be washable and removed.

Mayor Neuhauser assured the Deputy Mayor that she shared his concerns and that she had already spoken with Reverend Betty about this and explained that any and all markings must be made in chalk.

Attorney Golden advised the Board that as per the code, formal written permission in addition to their approval would be necessary. The Board then voted unanimously in favor of approving St. Mary’s requests.

Landscaper Hours For Spring:
Mayor Neuhauser reported that she had been approached by one of the local landscapers who was hoping to extend the allotted hours for spring cleanup (leaf blowers etc) due to the elongated winter conditions that are occurring this season. Specifically, this landscaper was hoping to have Monday-Friday hours extended until 6pm as well as permission to work on Saturdays. Subsequently, the Mayor approached some of the other landscapers with this suggestion, most of whom informed her that they were not interested in the extension. Personally speaking, Mayor Neuhauser commented that she was inclined to deny the request as she had “had it up to here” with the leaf blowers, but all the same she requested feedback from the Board.

Attorney Golden commented that the hours allotted for leaf blowing are written into the code and therefore, the Board cannot change them by resolution. Rather, if they wanted to extend the hours they would have to amend the law.

Following some further discussion it was agreed that the Board was not interested in doing this and that the request would be denied.

Request by Ronald Reede to use Wee Wah Beach Area/resolution TO amend THE Wee Wah Beach Club License Agreement:
Resident Ronald Reede has requested permission to have a private party on the property annually leased to the Wee Wah Beach Club. The Board unanimously agreed to grant this request under the condition that the property be left exactly as it was found and then subsequently amended the Beach Club’s lease so that their insurance coverage on the property would not begin until May 19, after the event has occurred.

Resolution that the Polling Place for the Village Election on June 17, 2014 will be in the Village Hall and polls will be open from 7am to 9pm:
The board voted unanimously in favor of a resolution stating that the Polling Place for the Village Election on June 17, 2014 will be in the Village Hall and polls will be open from 7am to 9pm:

Corporate Income Tax on Manufacturers in New York State:
The Board briefly discussed a proposed corporate income tax on manufacturers from New York State. After briefly reviewing the document, Attorney Golden explained to the Board that tax breaks were being proposed in areas other than the MTA region in an effort spur manufacturing in those regions and that this area of Orange County has been lumped in with New York City on the area map. The document at hand was suggesting that the Village request that the state redraw the regional lines. After a brief discussion, the subject was tabled.

Other Business:
Deputy Mayor du Pont inquired of Attorney Golden what needed to be done in order to allow for the tax increase to be greater than 2% and specifically whether or not this could be done by resolution. Commenting that repair to the roadways alone would necessitate a hike in taxes; he expressed concern over the fact that they would sure exceed the 2% cap.

Attorney Golden informed him that this could not be done by resolution, but rather needed to be done by local law. Unfortunately, there will not be time for this process to take place prior to the budget deadline. There followed a conversation with regard to expenses and budgeting methods that would allow the Village to do the things they will need to do without exceeding the 2% cap as mandated by New York State law.

Trustee Guinchard gave a brief recap of the return rate on the Cablevision survey circulated to residents and announced that she would put together a report to be discussed at a meeting in the future.

1. Call to Order
2. Pledge of Allegiance
3. Mayor's Update
4. Police Update
5. DPW Update
6. Building Department Update
7. PUBLIC HEARING - Cablevision of Orange/Rockland Franchise Agreement
8. Public Comments
a. Speakers must sign in and are limited to 5 minutes per topic.
b. Written comments must be submitted by 4pm on the day prior to the meeting.
9. Committee Updates
10. LED Light Example & Possible Discussion
11. Set Date for Code Review Workshop
12. St. Mary's Requests (2)
13. Landscaper Hours for Spring
14. Request by Ronald Reede to use Wee Wah Beach Area
15. Resolution to Amend the Wee Wah Beach Club License Agreement
16. Resolution that the Polling Place for the Village Election on June17, 2014 will be in the Village Hall and the polls will be open from 7:00 a.m. to 9:00 p.m.
17. Set date for Public Hearing on Tentative Budget (prior to April 15th)
18. Corporate Income Tax on Manufacturers in New York State
19. Audit of Claims (Bills)
20. Adjournment

PLEASE TAKE NOTICE THAT the Board of Trustees of the Village of Tuxedo Park will
conduct a public hearing on Tuesday, March 25, 2014 at 7:00p.m., in the Village Hall, 80
Lorillard Road, Tuxedo Park, NY 10987, to afford all interested parties an opportunity to be
heard concerning the renewal of the Cablevision of Rockland/Ramapo, LLC's Village of
Tuxedo Park Franchise.

Copies of the renewal application are available for public inspection during normal business
hours at the office of the Village Clerk, 80 Lorillard Road, Tuxedo Park, NY 10987 or on the
Village's website: www.tuxedopark-ny.gov.

The Village Board of Trustees met on Tuesday, February 25 at 7pm. All members were present.

Mayor’s Update:
Mayor began by expressing her extreme gratitude to the Village DPW for all of the hard work they have put in over the course of the last several weeks throughout the winter storms. The Village has received several calls from residents praising the department for having gone above and beyond to help them out of sticky situations in the snow and ice. Although a statement of gratitude was posted to the Village website, Mayor Neuhauser commented that she felt it bore repeating, and that the Village is lucky to have such an exemplary crew working for them. There has been some concern regarding the acquisition of salt for the roadways, but the Village expects to receive roughly 250 tons by the end of the week (to spread salt on every road in the Village takes about 25 tons), which should provide for 8 days of salting.

On February 6 Chris Doyle of Allied Biological gave a presentation to the Board on the health of the Tuxedo Lakes based on the last five years of amassed data. This presentation has been made available on the Village website. Commenting that the report was a “wonderful document” that will help the Village move forward with maintaining the health of the lakes, Mayor Neuhauser encouraged everyone to have a look at it either online or at the Village Office.

Police Update:
Police Chief Ken Sanford was not present and therefore, the report was not give.

DPW Update:
DPW Superintendent was not present. Mayor Neuhauser reported that in addition to all the plowing and salting that has been necessary, the DPW has also been doing some patching on the roads and clearing snow from fire hydrants and catch basins.

With regard to fire hydrants, Deputy Mayor du Pont pointed out that those residents who happened to have hydrants on their properties were responsible for clearing them. He urged those residents with hydrants to do this as soon as possible.

Building Department:
Building Inspector John Ledwith presented the Board with 1 permit for Stephen Chuey for the relocation of an air conditioning unit at his property on Crows Nest Road. The Board voted unanimously in favor of approval.

Public Comments:
Rob Zgonena stated that he would have submitted his comments prior to the meeting, but he experienced some difficulty getting FOIL requests responded to. He presented the Board with a number of photographs and asked that they be entered into the record. He commented that he had asked the Board two months prior whether the Ridgeline and Precipice laws were still on the books and if they were being enforced. At that time, Deputy Mayor du Pont informed him that they certainly were. Over the past year or two, there are many examples of residents who have not only cut back, but clear-cut entire forests and ridgelines. Through other foil work as well as a review of the minutes and Building Inspector reports, he has ascertained that there have been no permits issued for tree cutting. He reminded the Board that the Ridgeline Precipice law was extremely explicit in the fact that no living tree should be cut down without a permit. When he was on the Board of Trustees, “his Board” inherited a code violation from the previous Board where the Village had taken a resident to court over this issue. The violation was subsequently dismissed, however the fact remains that the Village has a very serious issue here and as much as he loves looking at other people’s houses, he stated that he would like the current Board to reconcile the documents he had presented them with.

On behalf of the Board of Architectural Review, Board Chair Paola Tocci commented that she would like to make the Board aware of a situation in the Park, which has escalated. More and more there are residents who are blatantly ignoring BAR procedures and guidelines and proceeding to do work without obtaining a work permit or going through the BAR process. The BAR has worked very hard over the last few years to streamline the process and overtly work with Village residents in a cooperative manor to achieve their dreams for their homes. Real estate agents have been notified that when they sell a home they should make new residents aware of the procedures that must be adhered to. Ms. Tocci feels that frankly, anyone coming into the Village really should assume the mantle of being a steward of Tuxedo Park in order to ensure that this rare beautiful place continues to be a rare beautiful place. With that being said, the BAR would like to introduce (and have approved) a fine for people who do not follow the BAR procedure and do work without a permit of not less than $10,000 to be levied onto these individuals. The BAR believes this would be fair and a just enforcement procedure to have in place to protect the beauty and architectural significance of Tuxedo Park, as well as the residents who do act as stewards and follow the correct procedures, The way things are now, there is no fine or enforcement action in place to prevent residents from doing this. Speaking bluntly, Ms. Tocci commented that many of those residents who are ignoring procedures are also flaunting this behavior, which disturbs the BAR greatly. The BAR is a board made up of volunteers, all of whom are design or construction professionals working in the industry, who lovingly give their time to help preserve the Village and it is very frustrating and enervating for them to hear residents say “just go ahead and do it, then come before the BAR, apologize, get a slap on the wrist and get approved.” Ms. Tocci strongly believes that this is a matter than must be addressed and she stated that she truly hoped that Board would agree and put the enforcement in place.
Sally Sonne wondered if any of the “violators” who had not asked for permission prior to initiating projects had done anything that would be considered egregiously incorrect or dangerous. She asked Ms. Tocci if there was anything specific that she could pinpoint in her mind that was terrible, and not just in terms of personal taste

Ms. Tocci replied that there were things that were deleterious architecturally as well as hazardous to other Village residents. Naturally, she had no intention of revealing the identify of the responsible residents however, she commented “Let me put it this way: as Oscar Wilde once said it’s a lot more than you think and less than you can imagine”

Peter Regna pointed out that the tree cutting that Mr. Zgonena had been talking about was such issue.

Ms. Tocci agreed, and further commented that there was a plethora of collateral damage whenever this happened; the tree cutting, the erosion, the safety issues and also the maintenance of the architectural history and significance that exists here.

Trustee Goodfellow commented that certainly Chris Doyle’s presentation had made the point that there was now a great deal of sediment in Tuxedo Lake where as five years ago there was none. The reason the Lake has been looking so crummy over the course of the last year is because there is so much sediment in it, which is coming from soil disturbance from trees and from storms. This is a huge issue. One thing that comes immediately to her mind is a practice that was in place a number of years ago whereby the gate maintained a list of every resident with a building permit and when a contractor arrived seeking entry, they were asked where they were going and what they would be doing there. If there was not a permit on file associated with the work, the contractor was referred to the Building Inspector and denied entry until the scope of the project had been clarified.

Ms. Tocci responded that this would work perfectly for residents who needed a permit, however the Village Code has a mantle of “repair and maintenance” which is being openly abused.

Trustee Goodfellow suggested that individual situations could be investigated and questioned but Ms. Tocci countered that at that point it would be too late.

Trustee Goodfellow stated that it would not be too late if contractors were stopped at the gate and denied access without Building Inspector approval.

Trustee Goodfellow responded that this would not be an issue if the contractors were coming during business hours. She further stated that residents who wanted to skirt the process would do so and in reality to expect 100% compliance was a ridiculous notion. This issue is to discover what will be effective and how to get people engaged in doing the right thing in order to preserve the reservoirs as well as the beauty that bring many of us here and to engage constructively as a community.

Ms. Tocci replied that she appreciated these remarks, but the unfortunate fact is that there are individuals who will lie about where they are going and what they are doing. There are some serious issues in the Village right now. She indicated that there was one resident in particular who had built something right on the road without permission, completely ignoring setback and has endangered residents by effectively turning the road, which used to be an ample 2-lane road into practically a 1-lane road. Something has to be done. While maintaining a list at the gate might go a long way towards helping, she does not believe it would be enough and suggested that people would still attempt to skirt the process under the guise of Repair and Maintenance.

Trustee Guinchard suggested that the Board should also take a look at situations where permits were in place but the work was invasive on another property.

Ms. Tocci responded that there is already remedy for that kind of thing in place, which is a Stop Work Order. What needs to be addressed is the issue of residents who do not get a permit at the outset and do work off the reservation.

Mayor Neuhauser asked Village Attorney Rick Golden for his thoughts and specifically whether or not there was anything that they were currently not implementing that might help to alleviate the situation.

Mr. Golden responded that the Board did not have the ability to fine somebody for violating the code based on the findings of the BAR. In order to fine somebody for violating a code provision requires a due process. If a substantial fine were to be imposed, it would have to have the same kind of due process protections as a criminal trial would have. This is already in place. Whenever a resident violates the code by not obtaining a permit, they are subject to a fine of $250 per day for every day that the violation is in place. The Board has taken advantage of this in the past and would certainly be in their right to ask Mr. Ledwith to be more aggressive with instituting this penalty.

An audience member commented that any repair and maintenance person entering the Park should be required to show a certificate of insurance in order to gain entry.

Ms. Tocci responded the Village does require a certificate of insurance and that Mr. Ledwith manages this process. The real issue at hand is what to do with individuals who are endangering other residents and Village as a whole by not getting a permit before commencing work.

Trustee Goodfellow commented that she felt Ms. Tocci had made her point very clearly and she understood why she was so passionate about it, but she felt that it would be helpful to hear from other individuals in the audience while the Board got it sorted out.

Ms. Tocci thanked the Board for listening to her and considering the concerns of the BAR and requested permission to a short statement from BAR Deputy Chair Robert Simon, who could not be present.

Permission was granted. Before she began reading however, Deputy Mayor du Pont inquired of Attorney Golden what could be done in situations such as the one outlined by Ms, Tocci earlier. Specifically, he wondered whether the Village could force a resident to take something down once it had been constructed.

Mr. Golden responded that if the resident had not obtained a permit for the work completed, and it was unauthorized, then yes, they would be required to take it down. He reiterated that it was all based in due process and that the justice court would handle situations such as these. The $250 a day is a standard fine used in most municipalities. This could be increased. There is an upper limit whereby the court will cap it, although Mr. Golden did not know what it was off hand. He reminded that Board that they would not have the ultimate control over the fine imposed and that this would be up to the court and would be considered the same way as sentencing in a criminal matter.

Mr. Golden responded that they could be considered civil matters if the fines were deminimous. Due process would still be required though.

Trustee Goodfellow commented that Charleston, SC had very strict rules and regulations and that one of the things they had in place there was that if a contractor was found to have violated any of the rules, his right to work in Charleston could be pulled.

Ms. Tocci responded that there used to be a similar practice in place in the Village.
Trustee Goodfellow wondered when exactly.

Ms. Tocci stated that when the Whitney pool had been built, they were told that if they did not comply their contractors would be prohibited from working in the Park.

Trustee Goodfellow responded that at that time, the Code had only stated that contractors had to be responsible for their own work. There was nothing in place back in the 90s. She reiterated that this was something that had worked well in Charleston and the Deputy Mayor asked Mr. Golden for his thoughts.

Mr. Golden responded that he would have to look into whether or not it would be enforceable in New York.

Ms. Tocci suggested that there would be some contractors who simply did not care. In her view, it is the residents who need to be stewards of the Village and the responsibility should not fall solely on the shoulders of the he contractors.

Trustee Guinchard suggested that there were also residents who were not keeping track of the work that was taking place on their properties and that perhaps Mr. Ledwith could drive around on a daily basis and keep an eye on things.

Trustee Goodfellow interrupting stating that it was clear that what Ms. Tocci was looking for was punishment in the form of a $10,000 fine for individuals who have violated the code and have had to audacity to thumb their noses at the system. The Board understands this.
Ms. Tocci then read into the record a short letter from BAR Deputy Chair Robert Simon in support of the proposed initiative.

Rob Zgonena stated that it was his belief that if the Village did not have such a directionless enforcement of the code, people might be inclined to follow it more carefully. Case in point the application of Mr. Chui (before the Board that evening) to relocate an air conditioning unit. The property was conveyed without violations with the unit in place and only after purchasing the property, did the Building Inspector indicate that the unit needed to be moved. There was another case within the last year of a resident who built an 18 inch stone knee wall, which he is entitled to do under the code, but was dragged in front of the Board because it was considered a structure. Mr. Zgonena pointed out that one of the members of the BAR has filled his back yard with statuary and suggested that the size and weight of those statues could not manage to stay square without a footing or foundation. He suggested that these statues should be considered structures.

Ms. Tocci countered that the BAR had discussed this very issue during a recent meeting and that they were not considered structures.

Moving on, Sally Sonne commented that she had had a very near, very serious incident while driving on the Causeway (which is currently open to one way traffic only) the Tuesday prior during a snow storm when she encountered a DPW plow coming the wrong way towards her right before the concrete dividers.. She slammed on her brakes and went into a skid and thankfully, came to a stop just inches away from the plow. When she confronted the driver, he told her that the plow would not make it over Tower Hill, which was why he had come that way. Reiterating that it was a very close call and could have been disastrous, Mrs. Sonne went on to say that this was not the only incident to occur on this stretch of road. Another resident had told her that they also encountered a driver going the wrong way and that it turned out to be a mother who was heading to TPS and ignored the detour in order to save time.

Mayor Neuhasuer wondered whether or not this incident had been reported to the police and Mrs. Sonne responded that she did not believe it had been. She further commented that she was aware of yet another incident where a truck driver had gotten confused and had also driven the wrong way down the same stretch of road.

Again, Mayor Neuhauser wondered if it had been reported and Mrs. Sonne admitted that she did not believe it had been.

The Mayor responded the it was crucial that anybody who witnessed situations like this should be encouraged to report it to the police immediately.

Trustee Guinchard suggested that the Board request that if a plow or large truck needed to go the wrong way on the Causeway that the Police must be informed.

Mayor Neuhauser stated that she had spoken to Chief Sanford with regard to the incident involving Mrs. Sonne, and that moving forward if it was going to be necessary for a DPW truck or plow to go the wrong way on the Causeway the police would block off the other end to traffic. There are certain situations, such as the delivery of salt for the roadways, where the trucks are simply too large to go up and around and therefore the Causeway must be utilized.

Mrs. Sonne suggested that there might well be situations where emergency vehicles would need to do the same and the Mayor agreed, commenting that it was key that the Village utilize the police department to manage the situation.

Mrs. Sonne then stated that there was a bigger issue at hand and that for almost a year now the Causeway had either been closed completely or open to one-way traffic only and that this presented clear danger. Maybe the Board was holding onto the situation in principal because they found it hard to back off of it, but the wall has been no danger at all. It has not moved, despite the fact that it was thrashed on repeatedly by a backhoe. In her view, the decision of the Trustees has created a more dangerous situation for the residents of Tuxedo Park than opening the road completely.

Again, Mayor Neuhauser commented that it was crucial that the Police and the Village be made aware of incidents.

Trustee Kilduff commented that he believed that the government was entitled to the presumption that people would follow the clearly described pattern and laws that are there. He pointed out that there were a number of measures currently in place including DO NOT ENTER and ONE WAY ONLY signage as well as yellow stantions directing traffic up the hill. There are psychopath drivers all over the place.

He further commented that he wasn’t sure if anyone had taken a close look at the wall recently but that it looked “ready to go” to him.

Deputy Mayor du Pont responded that the trouble with this was that the Village did not have the fine structure in place to deal with violators and also that the cameras themselves are reasonably expensive.

Causeway Wall Update:
Mayor Neuhauser asked Village Attorney Rick Golden to provide a brief update as to where things stood with the Causeway Wall.

Mr Golden responded that the matter has been fully submitted by both sides and the judge has indicated that unless he decides to ask for it, there will not be oral arguments. Both parties await his decision.

Resolution – “The Keep” – Set pre-Bid Meeting Date and Bid Opening Date-

The Board voted unanimously in favor of setting pre bid meeting date of March 18 at 10am and an opening bid date of March 31 at 2pm.

Trustee Goodfellow reported that Billy Mincey would be putting together a presentation about The Keep and it’s historical significance.

Environmental Committee – Trustee Goodfellow reported that the Budget Organizer had asked for all proposals to be submitted by the end of the month and as such, proposals were starting to come in. Commenting that she wanted to give the Board fair warning she stated that the Environmental Committee would be looking for more funding this year than last. In addition to ongoing Lakes preservation work, they will be looking for funding which will allow them to do some work on better understanding the under-story and where the Village should head with that. This is of course, directly linked to the deer culling as the ideal number of deer that should be living in a healthy forest is entirely different from the number of deer that can survive in a deforested area. They will also be working with Orange County Planning to put together a Natural Resoures Inventory. All of this is in the early planning stages, but in general from a budgetary prospective, the committee will be looking at more expenditures in the coming year.

Mayor Neuhauser commented that she believed (and it was probably beginning to become apparent to most people) that these were all pieces of a puzzle that are coming together and it is all vitally important.

Rob Zgonena wondered if there was a consolidator of all this information so that the corporate memory could be preserved.

Trustee Goofellow responded that this was part of what would happen with the strategic planning for the watershed. As Chris Doyle from Allied Biological pointed out, one of the most important things that needs to happen for the Village now is that they develop a way for there to be continuity working on these issues. Right now, so much is in the hands of volunteers. The Strategic Plan and organization process moving forward will be key.
The Mayor agreed, commenting that she believed the Village was making good head-road and that the first prong is education.

Mrs. Sonne wondered if the Village had any plan in place to deal with the large number of geese around the lakes.

Trustee Goodfellow replied that the Tuxedo Club was supposed to be looking into this and that the Village was hoping to partner with them in addressing the problem. That being said, she assured Mrs. Sonne that they were aware of the issue and that a plan would be put in place for managing it.

Deer Management Plan:
It recently came to light that The Village has been ignoring a plan that the DEC has requested prior to granting any further culling permits. The Mayor is in the throws of compiling the plan as requested and will submit it to the DEC as soon as possible so that the Vilage can move forward with the initiative. Once submitted, everything is in place and ready to go. They are hopeful that once initiated, culling will only take 10 days or so.

Resolution – Cablevision Franchise Agreement Renewal – Set Public Hearing Date:
Trustee Guinchard reported that a survey regarding the cable service was sent out to residents and to date they have received 18% back. There has been some great feedback. Unfortunately, there is no competition for Cable Vision in the Village aside from satellite dishes. FIOS will not come into the Park. Cablevision has redlined the contract quite a bit and there is a meeting set for February 26 to discuss. Following this meeting, there will be a public hearing (as is required under the regulations) before it is put to a vote.
The Board then voted unanimously in favor of setting a public hearing date of Tuesday, March 25 at 7:15pm.

The Board then adjourned into executive session to discuss an employee compensation issue.

1. Call to Order
2. Pledge of Allegiance
3. Mayor's Update
4. Police Update
5. DPW Update
6. Building Department Update
7. Public Comments
a. Speakers must sign in and are limited to 5 minutes per topic. .
b. Written comments must be submitted by 4pm on the day prior to the meeting.
8. Committee Updates
a. Resolution- "The Keep" - Set Pre-Bid Meeting Date and Bid Opening Date
9. Deer Management Plan
10. Resolution- Cablevision Franchise Agreement Renewal- Set Public Hearing Date
11. Audit of Claims (Bills)
12. Adjournment

Special Board of Trustees Meeting/Allied Biological Presentation
February 6, 2014

The Village Board of Trustees held a special meeting on Thursday February 6, for the purpose of hearing a presentation from the Lakes Management firm Allied Biological based on the data collected on the past five-years of testing of the Village’s Lakes. Deputy Mayor du Pont and Trustee Guinchard were absent.

Mayor Neuhauser briefly thanked everyone for coming and then turned things over to Trustee Goodfellow to make the necessary introductions. Trustee Goodfellow also thanked everyone for coming, noting that in addition to Chris Doyle from Allied Biological, there were a number of other “people of influence” present who had also played important roles in helping with the management of the watershed. She also expressed her gratitude to representatives from the Town Board, who were present as well as the many residents who have been involved with watershed management over the past several years. Without further hesitation, she then turned the floor over to Chris Doyle from Allied Biological.

Trustee Kilduff commented that he felt it was good to know that some of the things the Village had been doing over the last five years were paying off. As there unfortunately seems to be no “silver bullet,” he wondered if the action steps outlined by Princeton Hydro was where the Village should commence in terms of an Action Plan.

Mr. Doyle agreed that there was no “silver bullet” and stated that the action steps laid out by Princeton Hydro was indeed where the Village should begin. He further recommended that they look for a consultant to assist them. The process for managing Tuxedo Lake verses the other two lakes will be entirely different.

Commenting that there was no obvious point of contamination around the lakes, Trustee Kilduff inquired as to whether or not if Mr. Doyle saw reason to be concerned about the quality of the drinking water given the presence of potentially toxic algae. He further inquried about the overall ability for the lakes to survive as time went on.

Mr. Doyle responded that although there was some algae in the reservoir and this can create taste and smell issues, the water treatment facility is capable of keeping the water safe to drink. Tuxedo Lake has been classified as Mesotrophic, however he stressed that compared to some other lakes in the region, it is not so bad. Annual, well timed copper sulfate treatments are a good method of control.

Houston Stebbins wondered of all the issues and action points that had been laid out, which Mr. Doyle felt the Village should prioritize visa vis the drinking water.

Mr. Doyle responded that the copper sulfate treatments, timed effectively were very important. He also stressed the importance of general watershed education throughout the community. Finally, he recommended that the village retain the right experts to assist them.
Commenting that Mr. Doyle had surely worked on many lakes and with the people who lived around them, Jim Hays wondered if he could recommend any specific groups or individuals who might be able to provide the Village with advice.

Mr.. Doyle responded that Jan Anderson from The Three Lakes in Westchester would be a good person to chat with. He further indicated that Trustee Goodfellow had already had some contact with her.

A member of the audience inquired as to what ordinances were currently in place within the Village to protect the watershed. She wondered specifically what was being done and what could be done moving forward.

Trustee Goodfellow responded that while there is not much currently built into the Village Code, there is a 100 foot setback law with regard to construction near the lake as well as a ban on phosphates. Community wide education is a key component to moving forward and she would like to see some key strategic partnerships put in place to help in this regard. The issues at hand are no longer theoretical. The community needs to come together and act.
Mr. Stebbins wondered if draining the Wee Wah during the winter months might help to kill off some of the detrimental vegetation in that lake.

Mr. Doyle responded that algae is really the main issue in the Wee Wah and that killing off/freezing out the plant life could in itself be detrimental.

The issue of bio-manipulation, specifically the stocking of Tuxedo Lake and the effects this has had over time was discussed.

Ultimately Mr. Doyle recommended that before undertaking any sort of bio-manipulation, more studies should be done.

The Village Board of Trustees met on Tuesday, January 28 at 7pm. All members were present.

Mayors Update:
Mayor Neuhauser began the meeting with a moment for silence for longtime Village resident Lucy Edwards and folk singer and activist Peter Seeger, both of whom died recently.

The Tuxedo Ambulance Corps held their annual Holiday Party on Saturday January 25, with both Mayor Neuhauser and Trustee Kilduff in attendance. The Mayor commented that she was “unbelievably impressed” with the level of community service shown by the corps.

Many residents may not be aware of the amount of work that goes into running a volunteer ambulance corps, not to mention the number of volunteers needed. The dedication put forth by this group of people, is both commendable and extraordinary. The Mayor expressed gratitude on behalf of the entire Village.

Mayor Nuehauser and Trustee Goodfellow recently met with Orange County legislator Barry Cheney. A civil engineer by trade, Mr. Cheney serves as a Trustee to the Village of Warwick as well as their Deputy Mayor. He is very conversant in both water systems and dams and the Mayor feels that his expertise and advice could be very helpful for the Village down the line.

In light of the somewhat chaotic public comment periods at recent BOT meetings, the Board has instituted new procedures for Public Comment, which were posted to the website last week. Residents wishing to speak must first sign in and each speaker will be limited to 5 minutes. Additionally, those speakers wishing to read a lengthy statement or submit for consideration any form of paperwork must submit these materials to the Village Office a day prior so that the Board might have some time to review them prior to the meeting. The Mayor also suggested that everyone needed to be more mindful of treating each other with respect when speaking.

Finally, on behalf of the Board, Mayor Neuhauser extended her congratulations to recently elected Town Supervisor Mike Rost, who was sworn in at the Town Reorganization meeting on Monday, January 27.

Police Update:
Chief Sanford reported the following for the month of December:
Non-Criminal Complaints – 29
Property Damage Accidents – 1
Traffic Summonses – 11
Fire Alarms – 2 (false)
Intrusion Alarms – 2 (false)
Medical Calls – 2
Additionally, 7, 269 untagged vehicles entered the Village via the Front Gate.

DPW Report:
DPW Superintendent Jeff Voss reported that the department has been keeping very busy with sanding, salting and plowing the roads. They have also begun cutting down barberry bushes on Village owned property.

Mayor Neuhauser expressed her gratitude to the Department for all the work they have done to maintain the roadways over the past 2 months and Trustee Kilduff echoed this sentiment commenting that he feels they do a “heck of a job.”

Building Department Report:
Click here to review the Building Department Report for the month of January.

As an addendum to the report, Building Inspector John Ledwith reported having received an application from The Tuxedo Club to remove 67 dead or diseased trees from their property.

Mayor Neuhauser inquired as to whether the trees were located on both the Main Club property as well as out at the Golf Course and Mr. Ledwith responded that he believed they were all located on the Main Club property. He has not yet performed an evaluation however.

Trustee Goodfellow cautioned that when looking at the exact location of the trees, Mr. Ledwith should consider their proximity to the Lake as there can be a lot of woody material (aka algae food) that could enter the reservoir, as was the case with previous tree removal at the Boat House. She suggested that the Club should include plans for how they intend to address this as a part of their application.

Given the extent of the evaluation that needs to be performed, Mr. Ledwith recommended that the Village bring in another arborist to rely upon for a response to the proposed action, given the extent of the work involved and the number of trees in question.

The Deputy Mayor inquired as to whether or not The Club’s plan called for planting any new trees.

Mr. Ledwith responded that to the best of his knowledge it did not and that the only request he had received was for removal.

Trustee Goodfellow noted that The Club has said they will be developing a comprehensive plan in 2014. She cautioned that the Village’s arborist should take a look at the issue of soil disturbance as well, which she feels will be an important feature of the project.

Public Comments:
Robert Zgonena requested permission to read a short statement that he had prepared, commenting that he had not seen the new protocol for Public Comments prior to the meeting. Permission was granted.

In response to the Mayor Neuhauser’s recent statement regarding the Causeway Wall (posted to the Village website on January 27. (Click here to read) and more specifically the development that Village Attorney Rick Goldens’ firm has decided to cap their fee at $50,000, Mr. Zgonena stated the following:

“I read Mayor Neuhauser’s posted letter about the Causeway Wall where it said that the Board is pursuing as much litigation as it can on principal at that Village of Tuxedo Park Attorney Rick Golden has capped his fee at $50,000 for this entire issue, apparently however long it takes. I wish to formally express to you that I find his position to be extremely objectionable and fraught with conflicts of interest. I think the Village of Tuxedo Park Attorney Rick Golden should not be allowed to represent the Village for a fixed fee which, from the FOIL records we got last meeting, apparently that’s already been overspent a long time ago. I do not believe that he should continue to represent the Village of Tuxedo Park as Village Attorney on other matters. I see this as a case of Rick essentially gifting infinite legal resources to the Village of Tuxedo Park and enabling the Village of Tuxedo Park Board to pursue a strategy of financial homicide against a resident. My objection doesn’t even begin to address the possibility that Mr. Golden can play musical chairs with billing hours and reallocate billing from other issues. I find Mr. Golden’s firm and its routine business with the Village of Tuxedo Park inextricably linked to the Causeway litigation. I am being so bold as to say there is no way that sharing of land use legal work and numerous other fields of municipal law can be separated. In conclusion, I feel that if Mr. Golden feels strongly enough to represent the case pro bono, let him do so. But, he should not be the Village of Tuxedo Park’s Attorney at the same time. Thank You for your consideration.”

Sally Sonne stated that she also had a few comments regarding the recent Causeway Statement (which she feels contains numerous misstatements) specifically the aforementioned legal cap of $50,000. She asked Mr. Golden where, in his calculation, he was with that number to date and whether the Village had been receiving bills over the last two months for wall related work. In other words, from when has the law firm stopped billing the Village on wall related business?

Mr. Golden responded that he did not know the exact number but he has been keeping track of it. He pointed out that the $50,000 cap does not apply to all of the issues dealing with the wall, but rather specifically to the litigation and the Village’s defense in the suit that has been brought against them by Ms. Booth. When they were initially discussing the issue and exploring their options, the Board had inquired of Mr. Golden as to how much he felt the defense would cost the Village and he provided them with an estimate of $50,000. Later on, in an effort to help the Board make decisions that were unclouded by legal fees, he agreed to cap the fee at that original estimate. The fees only began amassing when the litigation started and Mr. Golden was asked to respond to it. He guestimates that the total to date is somewhere around $40-45,000.

Trustee Kilduff pointed out that the numbers presented by Mrs. Sonne at the previous Board meeting had been off in terms of how much the Village has spent to date on this particular matter.

Mrs. Sonne responded that she had calculated her totals using numbers that dated back to beginning of the issue (March 2013) and that she had carefully gone through all the bills by date.

Trustee Kilduff retorted that regardless, Mrs. Sonne’s numbers had been incorrect, to which Mrs. Sonne stated that while she certainly could have made some mistakes, if one was to go back to March of 2013 and include all the wall-related bills prior to the litigation (engineering etc), she believed the total would be closer to $80,000. She further stated that she believed the Village needed to clarify to the residents that the $50,000 cap was only for defense against the litigation and not for total expenses stemming from the issue.

Deputy Mayor du Pont suggested that Mr. Golden had just clarified things quite nicely and wondered if Mrs. Sonne agreed with this assessment. . She responded that she did and that she was glad for it.

Trustee Kilduff stated that legal fees were an important consideration for the Village in deciding how to move forward on an important legal matter like this. He pointed out that it was standard corporate practice in terms of budgeting to weigh the merits of the issues and how important they are to the Village and also if they set a precedent, as the Mayor attempted to lay out in her statement.

Turning back to the statement, Mrs. Sonne referred to the line therein which states, “the wall serves only to enhance the aesthetics and the value of Ms. Booth’s property” and commented that she totally disagreed with this. She believes that the wall also enhances the aesthetics of The Causeway.

Trustee Kilduff commented that this may be so in terms of aesthetics, but structurally speaking, the wall serves only Ms. Booth’s property and not the roadway.

Mrs. Sonne responded that the sentence had just struck her the wrong way when she read it. She then stated that she had some additional points she would like to make, however she could tell by the tone of the Board that they would be unreceptive.

Trustee Guinchard stated that she felt that Mrs. Sonne should finish making her points, commenting that in her view, the Board was behaving in an “angry” way by not allowing the residents to speak.
Both the Deputy Mayor and Trustee Kilduff promptly thanked Trustee Guinchard for her opinion.
Speaking as the retired Historian, Chris Sonne expressed some concern with one of the points from Mayor Neuhauser’s statement, which was that the whole issue of the wall relates only to the original 3-foot height of the wall. Although it is true that the original 3-foot portion of the wall was built sometime around 1888, he noted that the rest of the wall had been built not long afterwards around 1900. He pointed out that there was only a difference of 12-15 years, which, in his view, should not make one section less “historic” than the other.
Mayor Neuhauser replied that they did not have any concrete proof substantiating when the additional 6 feet had been added to the wall.

Deputy Mayor du Pont wondered whether Mr. Sonne might have any such proof and Mr. Sonne responded by roughly detailing the history of other homes that used to be located on the property and stating that in his view, the wall addition must have gone up before1903 as he has a map from that year which shows the full wall. He reiterated his prior point, which was that while the original portion of the wall was built 15 years before the rest, the entire wall is still well over 100 years old, which he considers to be historic.

The Deputy Mayor wondered if Mr. Sonne knew who had built the second portion of the wall and he responded that he had no idea.

Mr. Zgonena stated that he was still unclear as to where the $50,000 in capped FEES began and asked for clarification of the fact that the cap was only for fees relating to the defense against Ms. Booth’s Article 78.

He then suggested that the legal bills for the situation could and probably would actually be much greater than $50,000 and Mayor Neuhauser concurred.

He then asked how much of the $50,000 had been spent to date and the Deputy Mayor pointed out that Mr. Golden had just provided an estimate of $40-45,000.

Mr. Zgonena inquired as to whether the $50,000 would be the cap on defense no matter how long the legal process took. He stated that the Hansen case, with all its appeals, had cost the Village something like $500,000 and that he found it “pretty surprising” that Mr. Golden’s firm would cap something like that at $50,000 not knowing where it was going to go.

Trustee Goodfellow reiterated that the $50,000 cap was for the Article 78 litigation against the Village. Period.

Mr. Zgonena then wondered if the case were to go in “another direction with subsequent suits” (civil rights suits for example) if the cap would stand or if “a new clock” would begin.
Trustee Goodfellow responded that should that be the case, a new clock would begin..
Trustee Kilduff commented that in Civil Right’s suits, such as the one Mr. Zgonena has brought against the Village; things were typically handled by insurance carriers, which does not cost the Village any money out of pocket.

Mr. Zgonena responded that this was indeed so, assuming there was a settlement agreement.

Trustee Kilduff stated that just to be clear, prior to the Article 78, the Board had pursued legal advice as to whether or not the wall was in fact Village property because they didn’t know. Of course it had taken time and effort on Mr. Golden’s part to research the records and the titles and all of the material that the Village amassed and has now presented time and time again. These things cost money. The $50,000 is just to defend the Village against the lawsuit brought by Ms. Booth, which claims that the Board has acted arbitrarily and capriciously against her.

Mr. Zgonena commented that he had inquired multiple times as to whether the Board had a memo of existing precedent in New York State prepared and he had not received an answer, but rather was told that this was privileged information.

Trustee Kilduff affirmed this, stating that it was indeed attorney/client privileged information.
Trustee Guinchard stated that she had been under the impression that there was to be a $50,000 cap for the entire process and not just the article 78.

Mr. Golden again stated that the $50,000 cap was for defense against the article 78 and any subsequent appeals. He then stated that he wanted to clarify for the record that the Village had not paid him $500,000 for the Hansen litigation and that the money had been spent largely on outside counsel.

Cindy Booth commented that she also had several objections to Mayor Neuhauser’s statement and she wanted to address them one-by-one. She also felt that the statement was misleading with regard to the $50,000 cap and inquired as to whether or not the Mayor had written the statement herself.

Ms. Booth responded that she had thought as much and that in her view, the wording does suggest that the total cap for all legal fees moving forward will be $50,000. She suggested that the Mayor should choose her wording more carefully. She further stated that she feels that factual events have deliberately been omitted and often times altered to mislead the taxpayers and the residents of Tuxedo Park. She personally is very disappointed that the Trustees, considering their fiduciary responsibilities, have consistently refused to represent the people in a truthful and straightforward fashion. In her view, things have been repeatedly entered into the record at meetings, which do not accurately report what has really transpired. Then those inaccuracies are spread all over the internet and all over TPFYI (of which she noted that the Deputy Mayor is listed as the number one sponsor) so that for people who do not attend the meetings, but rather read TPFYI and the Mayor’s Newsletter, the inaccuracies become fact, which is not the case in many instances. She believes that the current Board has done more to damage the credibility of the Village than anything she has witnessed in 37 years and that the damage that has been done is irreparable. Speaking directly to the statement, she pointed out that in it the Mayor continuously referred to the Wall as Ms. Booth’s. She feels that this is a matter that has yet to be decided by The Court and that the Board of Trustees does not have the authority to establish ownership of personal property in the Village and therefore they need to stop referring to the wall as hers, a claim she vehemently objects to.

When asked how she would like the Village to refer to the wall, Ms Boorh responded that it should be referred to as “The Causeway Wall” as ownership has not yet been determined.
Trustee Kilduff interjected that ownership had, in fact, been determined. The Board of Trustees made the determination that the wall belonged to Ms. Booth and as a result, she has taken the Village to court claiming that they have acted arbitrarily and capriciously in making that determination. Pursuant to the Village Code, the Board of Trustees did have the jurisdiction to determine ownership of the wall and they have determined that it be;ongs to Ms. Booth. The courts may disagree with this decision but, if they find that the Board did not act arbitrarily and capriciously, Ms. Booth’s litigation will fail.

Ms. Booth responded that all the same she would appreciate it if the Village would refer to it as “The Causeway Wall” and not as hers, just as a matter of semantics.

Trustee Guinchard stated that she believed that Board should issue some sort of formal statement letting residents know that it had been the previous Board that made the determination regarding ownership and that it was now up to a judge to decide whether or not it was true.

Trustee Kilduff responded that what the Judge would be deciding was whether or not the past Board had acted arbitrarily and capriciously in their determination. He reiterated that until that determination has been made, the Board had every right to make the determination pursuant to the Village Code.

Trustee Guinchard stated that it was her belief that whenever an issue has gone into legal proceedings such as this, the Board needed to choose their words very carefully.
Trustee Kilduff stated that the Village had chosen their words very carefully just as he was choosing his words carefully now. He reminded Trustee Guinchard that he was an attorney.
Trustee Guinchard retorted, “Are you an attorney John? I know that you went to law school, but did you pass a BAR exam…because that is an attorney, somebody who passes the BAR.”

Trustee Kilduff replied he most certainly had passed the BAR exam on his first time around. He then inquired of Trustee Guinchard “Did you go to law school by the way or did you take an Internet class or something? You are speaking in very incorrect terms.”

Trustee Guinchard responded that she had not gone to law school by once again cautioned that Board should choose their words very carefully and that they were not Judges.

Once again, Trustee Kilduff stressed that the Board had chosen their words carefully and that they did have the jurisdiction to make the determination that they had made.

In response Trustee Guichard stated that she would agree to disagree on this point.

Moving on, Ms. Booth commented that in terms of dismantling the wall, the Mayor’s statement said that the Village had offered to assume the entire cost of doing so if Ms, Booth would split the cost of rebuilding. She pointed out that the Village would be using the DPW to dismantle the wall and that the DPW was paid using taxpayer money.

Deputy Mayor du Pont interjected, stating that DPW service was a “sump cost.”

“Yes,” argued Ms. Booth, “but I am a taxpayer, so it is misleading because as a taxpayer I will be paying a very high proportionate share of the dismantling because it will come out of my taxpayer dollars just like everyone else.”

The Deputy Mayor responded that everyone would pay the price equally because it was a sump cost.

Mr. Zgonena interjected that it was not, in his view, a sump cost because the DPW was not “sitting around all day waiting to demolish walls.” In order to do the demolition, they would need to take time away from other things.

Mayor Neuhauser stated that the DPW faced situations like this all the time what with storms and all manner of other things that they have to do. There is no way of predicting the future.
Trustee Goodfellow stated that it was very clear to her that there were some fundamental disagreements and that in virtually every meeting over the course of the last several months, the same arguments are continually voiced, which, in her opinion, is fruitless. Situations such as this one are why there are courts and this issue will be settled in court. She further commented that the Board, with the exception of Trustee Guinchard, is in firm agreement with the course that has been set and that the Mayor had put forth the rational for that in her statement.

Trustee Goodfellow invited her to do so, but requested that she try to be “a little less insulting.”

Trustee Guinchard stated that she did not believe anyone was being insulting and Trustee Goodfellow suggested that they should not even go there.

With regard to the engineering fees, Ms. Booth stated that as of October, the fees from Westin and Sampson were already over $36,000. She went on to say “we all know that, for the most part, that money was basically wasted as those plans were based on dismantling 200-250 feet of the Causeway Wall, which has subsequently been determined to be totally unnecessary thanks to Alan Yassky and the other team of experts who reviewed the situation.” She went on to say that Alan Yassky had provided his time and expertise for gratis. So, once again, she feels it is misleading to say that the Village is assuming all of the costs when Mr. Yassky was working for free and the $36,000 that had already been spent with Westin and Sampson was basically spent on “a totally erroneous purpose” that 220 feet of that wall had to be taken down and rebuilt, which they have since admitted is not the case. Rather it’s only 80 feet that needs to be dismantled and even with a buffer zone, the maximum amount would be no greater than 100 feet. “Imagine if I had complied with the BOT’s order last October to dismantle 220-250 feet of wall…imagine the expense,” quipped Ms. Booth.

“But imagine if it had!” responded Ms. Booth. “Imagine if I had done that because I was told that either I had to comply within a very short time frame or the Village was going to go in and knock down the wall and assess my property by means of a tax lien to pay for it. Here we are 10 months later. If I had done that, and not contested what you ordered me to do, the Village would be paying for rebuilding an extra 150-180 feet of wall that never would have needed to come down. So I was right, and I think that I was absolutely right to contest your order to me. I want to get the record straight that I did not sue the Village. I was defending myself against The Village’s insistence that I dismantle and rebuild 250 of wall. I had no choice. Tom Wilson served me with a legal notice and it was to defend myself that I went to an article 78 proceeding. The Village has never really acknowledged that or made that clear.”
Regarding the inconvenience caused to residents as a result of the road closure, Ms. Booth pointed out that it was the Village who had closed the roadway and not her. In fact, for months the Village insisted the entire roadway must remain closed because the wall posed a major safety hazard, however after the second ruling in court, they reversed their position and opened one lane. Ms. Booth believes that to suggest that the wall serves no purpose to the adjacent roadway is ridiculous. As the papers prepared for the Board by her attorney several months back clearly show, 1939 New York State law clearly states that the Village is responsible for maintaining all roadways as well as appurtenances to those roadways and walls and bridges are listed as appurtenances.

Ms. Booth continued on to say that in her view, the most objectional part of the entire letter is the paragraph in which the Mayor suggests that the Village has never sought to dismantle the wall without a plan to rebuild it. She does not understand how they could put this into a letter to the Residents, when this is exactly what they did on Friday of Labor Day weekend, when they attempted to demolish the wall, using the DPW after hours. At that time, the Village clearly stated that it would be a two-phase process, the first phase of which would be dismantling the wall and the second would be rebuilding later in the spring. She then presented a photo taken by Sally Sonne to the Board, which she described as a picture of Mayor Nehauser on the Friday of Labor Day weekend “directing the DPW to smash the basket of their bulldozer into the capstones of the Causeway Wall.” Again she wondered how the Board could claim to have had a plan in place, when clearly they did not.
Trustee Kilduff pointed out that there had always been a two-phase plan in place and the dismantling of the wall was only the first phase. He further commented that there were parts of this issue that the Board and Ms. Booth simply did not agree on, which is why they were in court. Both sides have been clearly articulated and they have gone through the process. He respects that there are people who disagree with the conclusion. This has been made abundantly clear.

Ms. Booth reiterated that if she had not done what she had on that Friday to stop the Village, 120-140 feet of the historic wall would have been dismantled for no reason, and the taxpayers would have had to bear the cost. Getting the restraining order issued as quickly as she did cost her nearly $20,000, which is something she is not ashamed to admit as in turn it has probably saved the Village and it’s residents close to $125,000 in what it would have cost to rebuild the wall.

Mayor Neuhauser responded that it would have been very prudent for everyone in this situation, when it first happened, to sit down and come up with something without running to lawyers. With all the time and money that has been spent to date, the wall could have been fixed long ago.

Ms Booth agreed with this, except she pointed out that the Village’s original attempt to dismantle the wall required two-to-three times what was really necessary so the numbers have vastly changed.

Mayor Neuhauser replied that this had happened in an effort to negotiate with Ms. Booth and come up with something better.

Ms Booth countered that the Mayor was missing her point and that she had been ordered to do something that was highly inaccurate, which she did not do.

Mayor Neuhauser stated that she understood the point Ms. Booth was making.
Ms Booth stated that in terms of the way the capstones had been removed, she had to wonder if this was the way that the Village engineers, and the Board as stewards of the Village itself instructed people to treat a historic monument. Those stones could have been fork lifted up. She wondered why it had been necessary to slam a bulldozer on top of them.
The Mayor pointed out that the stones had not been damaged to which Ms. Booth responded that the Village Engineers had expressed a high level of concern about the freezing and thawing of the wall and now the wall has now been left completely exposed to the elements. The capstones could have been replaced in an effort to protect it, but they were not.

Trustee Kilduff interjected that the Village was not permitted to enter on to Ms. Booth’s property.

Ms. Booth countered that this was not correct and that Trustee Kilduff was interpreting the retraining order as not allowing the Village to replace the capstones, which is not the case. It was only issued to prevent the Village from dismantling the wall.

Mayor Neuhauser stated that she had been strictly instructed by Counsel that the Village was not to touch another thing at all.

Ms. Booth reiterated that the point of the retraining order had only been to prevent the Village from demolishing the wall (and thank heavens they had not been successful) but not to keep them from protecting it.

At this point, both Mayor Neuhauser and Trustee Goodfellow pointed out that Ms. Booth had been allowed to speak for more than 20 minutes (15 minutes longer than the new regulations allowed for) and that she was not going to be permitted to finish.

Ms. Booth objected to this commenting that she had been continuously interrupted and would like a chance to finish saying what she had to say.

Both Trustee Guinchard and Trustee Kilduff commented that they felt Ms. Booth should be allowed to finish.

Trustee Guinchard then said she wanted to interject to make a statement on record, which was met by numerous objections from the other Board members as well as several audience members. Trustee Guinchard continued to speak despite these objections stating loudly:

“We are in a small community. We should let people speak. We are not a community of 5,000, 20,000, 100,000 or a million. We have 700 reisdents who are not even full time. Full time maybe 300 plus. We would be so much more efficient and beneficial to our community and responsible if we could have clear communication. We are talking about having communication? Well this is what this is about. If we can’t communicate, why are we here?”

Mayor Neuhauser responded by pointing out that the Board had openly requested that lengthy statements, such as Ms. Booth’s, be submitted to them in writing prior to the meeting so that they could review them carefully, as opposed to the chaos that continously errupts when things are thrown in front of them at the meeting.

Trustee Guinchard objected openly wondering if the Village was not a small enough community to allow for open communication during meetings.

The Mayor replied that she was only trying to follow the rules in terms of procedures for the meetings, pointing out that following the rules was something Trustee Guinchard was consistently concerned about. Ms. Booth had been given four times as long as anybody else to express herself and she would allow her to finish if she would do so quickly.

Ms. Booth commented that paragraph five of the Mayor’s letter was also false. Neither she nor her attorney have ever stated that she expected the Village to take ownership of the wall. Her attorney presented a very viable solution which would not have required any precedent to be set and would not require the Village to take ownership. She simply said that she would donate a portion of her property so that the Village could access the wall for repair work at a much less costly and more efficient manor for the Village. She did not say that the Village needed to take ownership. She had, however, said that she would be willing to grant the Village a permanent easement. She would like this corrected for the record. Furthermore, she objects to the statement that her offer to donate the land has no value. The property in question is directly a view coridor to Tuxedo Lake. Under any other circumstances if the Village wanted to use privately owned property for a municipal project, they would have to pay for it. She volunteered to donate her land in order to make the construction easier and to save the Village taxpayers a lot of money. If the Village has to do the work from the roadside, it will be much more expensive and the project will take a longer period of time to complete. She would of appreciated a thank you from the Village. Also, she objects to the acusation that she has never offered to contribute to the wall, which she claims is entirely untrue. Aaccording to Ms. Booth, she was approached by the Village attorney last spring and asked if she would contribute $13,500 in order to resolve the issue. Against her better judgement, she agreed to this, which spawned many conversations between attorneys and subsequent legal fees, after all of which the Village withdrew their offer.

Mayor Neuhauser commented that her letter referred only to recent history to which Ms. Booth replied that it did not matter.

As far as legal fees, Ms. Booth believes she has been singled out. Commenting that it was very nice that Mr. Golden’s firm had agreed to put a cap on their fees, she pointed out that the Village was well aware that there would be no such cap for her fees. She then wanted to know how many times something like this had been done before against individual residents in the Village or if she was the first instance. She believes that she is a guinea pig and that the message being sent to residents is that anyone who stands up for their individual property rights is going to be potentially slandered, punished and threatended. It is clear to her that the Village is feeling very comfortable with municipal bullying. She does believe that their behavior has been arbitrary and capricious and she thinks that the recent cap on legal fees only sends the message that the Village is willing to go to any lengths to personally bankrupt her. When people feel that they cannot disagree with/come up against the Village without the fear that they will be drawn into a legal battle, residents need to start worrying about who is going to be next on the hit list.

Mr. Zgonena inquired as to whether or not Item 7 was a NYCON protocol. (Item 7 referring to the 5 minute cap on public speaking at municipal meetings)

Trustee Kilduff responded that it was and Mayor Neuhauser stated that actually, she believed it was 3 minutes by protocol.

Sally Sonne stated that it had been her who wrote a letter to the community containing what she believed to be important information about what had transpired at the last meeting because there had not been a lot of people in attendance and she felt that she was informing people, which is what she is used to doing. She received many replies but what made her the saddest was that a large number of these came from people who said that they agreed that the Village should have accepted Ms. Booth’s counter offer and they would like to go to the meetings and speak up about this, however they feared retribution from the Board. Mrs. Sonne believes this is a very serious and sad issue and it is one that everyone needs to consider.

Trustee Kilduff stated that he believed this was a sad commentary for those people who felt this way. The Board has nothing against Ms. Booth. They went through the legal process. The Village made a very generous settlement offer to Ms. Booth and he felt sorry that they had not been able to work it out. On another note, he commented that since Trustee Guinchard had publically challanged his credentials, he wanted to state for the record that he was a 1998 proud graduate of the Fordum University School of Law and had passed the BAR exam on his first attempt. He was sworn in to the First Department in New York State in Brooklyn in March of 1991 with his parents beside him.

Ms. Booth pointed out that during the last meeting the Board had been asked on more than one occasion whether or not there had been any counter proposals following the meeting that took place at her house with the Mayor, Trustee Guinchard and Mr. Yassky and on each occasion they said no. She wondered how this could have gotten on record and why the Board would have answered this way, when she had in fact read a proposal to them point by point at that meeting.

Mayor Neuhauser responded that it was her understanding that the questions had been more about whether any decisions had been made and not whether a proposal had been made.

Trustee Guinchard commented that during the meeting at Ms. Booth’s home, the group had reviewed many different senarios and it had been her understanding that the Mayor would be calling the other Trustees in order to set up a meeting so that they could vote on what had been proposed. This did not happen however. She had been under the impression that there would be a public meeting where it would be discussed.

The Mayor pointed out that while this might be what Trustee Guinchard thought was going to happen, following discussion with Village Counsel, it was determined that the Board did not have to meet.

Ms. Booth inquired of the Mayor whether or not the public was aware that if she had approved the counter proposal the roadway would have been open by now.

Mayor Neuhauser responded that she did not have the authority to approve any proposals and that these decision needed to be made by the Board in full. She reiterated that following a meeting with Village Counsel, it had been determined that the Board did not need to meet.

Trustee Guichard stated that the Board had not elected the Village Attornry to make their decisions. He provides legal advice, but she believes that they should have followed through and held a meeting, which is what they told Ms. Booth they were going to do. In her view, this is unacceptable.

Trustee Kilduff stated that in his view, the counter offer was known to be unacceptable and there was no need to have a meeting.

Following some further disgruntled discussion from everyone involved, it was agreed that the meeting needed to progress.

Environmental Committee – On behalf of the Environmental Committee, Trustee Goodfellow reported that on Saturday, February 1 at 2pm, Dr. Richard Osfelt, a well known disease ecologist would be making a presentation at the Tuxedo Park Library about tick borne illnesses. The fundamentals that will be presented are part and parcel to what will serve as the fundamental basis for how the Village moves forward with managing their understory and the ways in which the community can work together to lessen the impact of tick born illnesses. Trustee Goodfellow believes that one of the most unfortunate, and yet interesting aspects of this is that it serves as a model of what public health issues and disease models are going to look like moving into the future. She feels it is really important to understand that what individual property owners do on their properties and what the Village does on their property and how all of this is managed really makes a difference. These things are no longer thearetical. She encouraged residents to attend. The Library has also made plans for additional speakers to come and talk about dealing/living with tick borne illnesses once they have been acquired and the Village will move forward with that as it pertains to the watershed. Additionally the Garden Club will continue to demonstrate and lead in encouraging residents to plant native, non-invasives.

On Thursday February 6 at 7pm, Alied Biological will present their findings on the Village Lakes to the Board in a public meeting. Alied’s report will serve as the basis in determining how the Village should move forward with managing the lakes. It should be a very informative evening.

Trustee Guichard wondered if the DPW would be going back to those barberry bushes they were cutting back now in the spring and remove the roots.

Trustee Goodfellow responded that this was one reason why it was crucial that the Village develop a strategic plan for managing the watershed. In many areas the barberry is incredibly dense and it holds back a lot of soil and if the Village were to completely remove it and plant in its stead something less dense, they would in turn be feeding the algae in the Lake with the additional organic material. She believes it is better to leave the root systems in place as the bushes themselves can be easily managed with weedwackers moving forward.

Trustee Guinchard suggested that if the bushes were just cut back rather than removed, they would only come back stronger.

Trustee Kilduff wondered if Trustee Guichard were a botonist and she responded that she was not but that the hortaculturalist who worked on her property had stated that if the root systems were left in place, the bushes would return stronger than before. Cutting the bushes back in the winter in preparation for removing the roots in the spring is a good thing, however, leaving the roots in place will promote growth.

An audience member stated that she had noticed lanscapers throughout the Village planting barberry and suggested that this should be addressed otherwise the Villages attempts to eradicate it would be fruitless.

Trustee Goodfellow commented that within the year New York State would be prohibitting the sale of Barberry, however because the Village Code does not currently prohibit it, the best they could do was to try and get the word out there via the Village website. She also stated that there were several people, Barbara Romero being one, who had approached landscapers directly to suggest that planting barberry was not a good idea.

Strategic Planning Committee – The listtaker’s job has come to an end for the strategic plan. A letter and a copy of the most current list has gone to all the Village Boards and department heads for review and comment. Once all the comments have been received, they will be reviewed and presented to the Board formally.

Engineer Report:
Village Engineer Rich Messer presented the Board with a relatively brief overview of ongoing projects in and around the Village. These include the Mountain Farm Pump Station, Sewer System Evaluation Survey (SSES), The East Village Water Main, The Warwick Brook Bridge, The WeeWah Dam and the Causeway Wall. To view a copy of the Engineer’s report, click here.

In direct response to Ms. Booth’s comments regarding early engineering proposals for the Causeway Wall, Mr. Messer stated for the record that initial discussions centered around fixing 250 feet of the wall because of the amount which was leaning. 250 is what would have been required to fix the lean and it put it back in line with the rest of the wall. The number was not fabricated. Since that time, discussions have been ongoing with regard to how the wall might be configured differently than it is now and part of this includes the reduction of the earth behind the wall by three feet. Once this concept came into play, the factor of safety was altered, which reduced the area of disturbance that needs to be replaced. The plans have changed in various ways as the situation has progressed over time.

Trustee Guinchard inquired about the RFP and the costs related to preparing those documents, suggesting that they should not move forward with that until a determination of ownership has been made.

There followed some more rehashing of past events, with Trustee Guinchard arguing that Engineers had wasted time and money making plans for a project of larger scope than necessary, and Mr. Messer explaining that this is what they had originally been instructed to do.

Resolution – Request by TPAG to hold event on February 8:
The Board voted unanimously in favor of allowing TPAG to hold an event featuring The American String Quartet at the Tuxedo Club on Saturday February 8.

Resolution – Appoint Todd Darling as Fire Commissioner for Tuxedo Joint Fire District:
The Board voted unanimously in favor of appointing Todd Darling as Fire Commissioner for the Tuxedo Joint Fire District.

Mayor Neuhauser announced that there will be a Village Election on June 17, 2014 for two Trustee seats.

I am writing to you regarding some recent communications surrounding the Booth property and the wall thereon that has failed, structurally, causing a portion of Tuxedo Road to remain closed for the past 10 months.

In December, the Village proffered a settlement to Ms. Booth, regarding repair of the wall on her property. The terms of the settlement, in general, would have the Village (1) use as much of its Department of Public Works resources as possible to dismantle the wall – at no cost to Ms. Booth, (2) bear the cost of engineering plans for the wall’s reconstruction, and (3) pay one-half of the actual out-of-pocket cost to rebuild the wall. The Village made this offer in order to avoid further litigation and end the significant inconvenience caused by the roadway’s partial closure.

The Village’s offer was put forth despite the lawful determination by the Board of Trustees, based upon the procedure provided in our Village Code and in conjunction with the advice of counsel, and after review of all pertinent documentation, that the subject wall lays exclusively on Ms. Booth’s property, and the cause of the wall failure emanated from Ms. Booth’s property. The wall serves no structural purpose for the adjacent Village roadway. It does not support the roadway in any respect, and it serves only to enhance the aesthetics and value of Ms. Booth’s property. The historical aspect of the wall relates only to the original three-foot height of the wall. The only reasonable conclusion is that the wall’s present height is the result of a prior owner of Ms. Booth’s property, adding to the height of the wall in order to allow the property owners to have an undistracted view of Tuxedo Lake.

The wall is certainly majestic, and the BOT has never sought to have the wall dismantled without a plan to rebuild it, as soon as practicable.

Ms. Booth has made public her counter-offer, which requires that the Village take full ownership of the wall, with the Village taxpayers bearing the full cost of dismantling, rebuilding, and maintaining the wall in perpetuity, as well as continuing to pay for all of the associated engineering costs.

Ms. Booth cites “massive legal fees” she has spent on the lawsuit she brought against the Village, and a “donation of her property” in order to make her offer appear appealing. Ms. Booth chose early on in this matter to take a severe, unwavering stand that the wall is not her property and not her responsibility. It is clear that the some of her massive legal fees would have been better appropriated toward a fair compromise that would have resulted in a sharing of the cost of the wall’s reconstruction.

The so-called “property donation” is necessary, if the masonry only wall is to be returned to its present height, as it has been determined that masonry only wall cannot structurally support the volume of earth presently contained by it; it can only support a wall that has a three-foot lower level of soil behind it. If the height of the wall is to remain as is, and the soil behind it brought back to its present height, the masonry wall will require a more expensive support system.

The lack of any financial contribution by Ms. Booth toward the wall’s reconstruction foreclosed any possibility that a majority of the BOT would find the proposal acceptable. The Village must avoid the significant precedent that would be set as to similarly situated walls in the Village, by agreeing to annex the “gifted land” and wall from a private property owner and taking responsibility for its repair and future maintenance. Ms. Booth’s proposal is simply not in the long-term best interests of the Village.

In terms of the Village’s legal fees to defend itself against Ms. Booth’s lawsuit, the Village Attorney has agreed to cap his fees for this matter at $50,000. This agreement has enabled the BOT to base its decisions on the principles of this case and its implications for future cases, rather than be driven by a cost-benefit analysis that could possibly result in an undesirable, precedent setting outcome.

1. Call to Order
2. Pledge of Allegiance
3. Mayor's Update
4. Police Update
5. DPW Update
6. Building Department Update
7. Public Comments
a. Speakers must sign in and are limited to 5 minutes per topic.
b. Written comments must be submitted by 4pm on the day prior to the meeting.
8. Committee Updates
9. Engineer's Update
10. Resolution - Request by TPAG to hold event on February 8th
11. Resolution - Appoint Todd Darling as Fire Commissioner for Tuxedo Joint Fire District
12. Announce Village Election on June 17, 2014 for two Trustee seats
13. Approve Minutes - 12/30/13 BOT Meeting
14. Audit of Claims (Bills)
15. Adjournment

The Village Board of Trustees met on Monday, December 30 at 7pm. All members were present.

Mayor’s Update:
Mayor Neuhauser began by welcoming everyone to the final Trustees meeting of 2013. She went on to report that The Fike Nature Association would be visiting the Village on January 4 to conduct a portion their annual National Audobon Bird Count on the Race Track property.

Together with former Mayor Houston Stebbins, Mayor Neuhasuer attended The Cornell University Cooperative Extension annual meeting and awards dinner at which Village Attorney Rick Golden was honored with the Distinguished Service Award. Commenting that she was very impressed to learn more about all the things that Mr. Golden does not only for the Cooperative Extension but for all kinds of people, she stated that she believes the Village is extremely lucky to have him in their employ and she thanked him for a wonderful evening.

There was fire in a resident’s home early on the morning Thanksgiving, which could have been disastrous however, the resident was at home and was able to detect the problem (via crackling in the walls) in time so that nobody was hurt. Unfortunately, when all was said and done one end of the house had fallen out, along with the chimney. The Mayor reminded everyone how important it is to clean their fireplaces with regularity.

Police Report:
Police Chief Ken Sanford was not present. The following is for the month of November:

Non-Criminal Complaints - 40
Criminal Complaints - 1
Village Ordinance summons issued –1
Accidents/Property Damage Complaints - 2
Traffic tickets - 13
Fire Calls - 7
Intrusion alarms – 3 (all false)
Medical calls -5
Assists given to the Town police - 1
Assisted received from Town police - 1
Additionally, 8654 untagged vehicles entered the Village via the Front Gate.

DPW Report:
On behalf of the DPW, Superintendent Jeff Voss stated that there was not much to report. He recognized that the Board was planning to hire a new full-time motor equipment operator later in the evening and commented that he felt that the gentleman they were hiring would be a tremendous asset to the department. Having worked for the Village of Suffern for 25 years, Dean Sheehan is also a certified water operator. Deputy Mayor du Pont concurred, commenting that in his view, welcoming Mr. Sheehan to the Village DPW would be “Suffern’s loss and our gain.”

Before moving on, Mayor Neuhauser thanked Supervisor Voss for all the hard work the DPW has done both cleaning up from and preparing for snow to date this season.

Building Department Report:
Click here to read a copy of the Building Department Report for the month of November.

Public Comments:
Kathy Norris requested permission to read a letter written by her brother and Peter Van Zandt regarding the Trophic Collapse of the Tuxedo Lake due to a fish problem into the record. (click here to read this letter in its entirety) As the letter is three pages in duration, both the Mayor and Deputy Mayor suggested simply adding the letter in its entirely to the record without doing a read-through. Ms. Norris objected to this however, commenting that there were some issues raised within the letter that would surely need to be discussed by the Board.

Following some further debate, it was agreed that the issue would be tabled until later in the meeting and considered along with the potential stocking of Tuxedo Lake.

Next, Ms. Norris presented the Board with a map, depicting a lot near the South Gate, which is technically located in the Town of Tuxedo but currently inaccessible from any roadway as there is a barrier blocking such access. Ms Norris stated that she had approached former Mayor Tom Wilson about moving the barrier, however he refused to do so because he feared that moving it might allow for direct access to the Village from the Tuxedo Reserve development. Commenting that this was a ridiculous fear because Tuxedo Reserve had officially released all of their rights to come onto Village roadways, Ms. Norris presented the Board with a copy of a signed agreement in which the developer relinquishes all such rights. Referring to the original property deed, Ms Norris pointed out that the property owner should have legal access to the lot via Village roads and further suggested that the barrier in question was originally put in place by former Mayor Neal Madera in an effort to keep ATVs from accessing the Village. She requested that the Village either remove the barrier altogether or relocate it further up the road. She also stated that she had discussed the matter previously with Mayor Neuhauser and was hoping the Board would render a decision on the matter that evening.

Trustee Kilduff suggested that the topic at hand was a sensitive one and that if Ms. Norris was hoping for his support “shanghaiing” him at a public meeting was not the way to go about it. He stated that not knowing anything about this, if he were forced to make a decision that evening, his vote would be no.

Mayor Neuhauser commented that she had the paperwork on her desk and to be perfectly honest, they had not yet had the time to sit down with Attorney Rick Golden and look at it carefully in order to figure out what the most sensible solution might be.

Ms. Norris responded that the sensible solution was to move the barrier, seeing as the property owner had a deeded right to use the road.

Mayor Neuhauser replied that she understood, but for the benefit of the trustees, who were only just learning of this, they were going to need to review it further.

Trustee Goodfellow concurred, and emphasized that the Board would get the proper materials to their Mr. Golden for review.

Deputy Mayor du Pont asked DPW Superintendent Voss if he had any input on moving the barrier and he responded that he did not.

Trustee Kilduff stressed the importance of using caution when making a decision, noting that Tuxedo Reserve has proposed putting in an emergency access road in the same area and this has been contentious with many residents of both the Town and Village who fear that this will become a full blown roadway. He further suggested that this very issue was the “elephant under the table” when it came to allowing Village access in that area.

Ms. Norris responded that the emergency access road and the property in question where not in the same area and reiterated that Tuxedo Reserve has legally relinquished their rights to use the roadway in question.

Trustee Kilduff commented that once 2000 new residents were living in Tuxedo Reserve and the Village residents no longer had the power to outvote them, a full blown road was a real possibility. He doesn’t believe the Village should do anything to make life easier for the Related Companies.

Ms. Norris countered that if that were to be the case, it would not matter where the barrier was. The land owner needs to be able to use his property. If Tuxedo Reserve wants to access the Village so badly, there is other land that directly abuts the Park that they could acquire.

Trustee Kilduff responded that he understood but wanted everyone to understand that former Mayor Wilson had his reasons for being cautious.

Trustee Goodfellow asked Ms. Norris whether she was also representing Kent Kroeber in this matter (Mr. Kroeber’s property abuts the lot in question) and she responded that she was.

Mayor Neuhauser stated that the Board would review the materials amongst themselves and with their attorney and plan to revisit the issue in January.

Sally Sonne commented that at the previous Board meeting Mayor Neuhauser had presented a possible settlement with regard to the Causeway Wall and, noting that there had been no settlement, she wondered if there had been any counter proposals.

Mayor Neuhauser replied that the Board was in receipt of a letter from Ms. Booth, which had arrived around 4pm that afternoon. No decisions had been made.

Mrs. Sonne again inquired as to whether or not there had been any counter proposals made and the Mayor told her there had not.

Trustee Guichard commented that there had been a meeting with herself, the Mayor, Alan Yassky and Ms. Booth. Ms. Booth subsequently submitted a letter to the Board and had requested that it be read into the record at the BOT meeting. For the benefit of the public, she asked Village Clerk Debbie Matthews to read the letter into the record.

Commenting that she believed the Ms. Booth’s offer to be “amazing” one, she wondered what had happened??

Trustee Kilduff stated that he believed the Village’s offer had been the amazing one.

Trustee Guinchard respectfully disagreed, commenting that she had been present at the meeting with Ms. Booth and it had been her understanding when they all left that a meeting of the Trustees would be called to discuss the counter offer and this never happened. She feels that this was against procedure because they had promised Ms. Booth that it would happen.

Mayor Neuhauser responded that she did not recall promising any such thing to Ms. Booth.
Trustee Guinchard reiterated her stance that when they had left the meeting they “felt
like they had an agreement with her” to present, in person, to the other Trustees what had been discussed. This would have been the proper procedure and she believes it is a tragedy that it did not occur.

Trustee Kilduff stated that there were no tragedies at hand. The Village’s position (meaning the majority of the Board) is that the wall belongs to Ms. Booth. Plain and simple.
Trustee Guinchard commented that this was not her position.

Trustee Kilduff pointed out that the Majority of the Board felt differently. This is their position in court; it is what has been detailed in their filings and all public summaries. Despite all of this, an offer of settlement was made to Ms. Booth, however there is a breakdown in negotiations because Ms. Booth adamantly refuses to contribute financially to the reconstruction of her wall. He feels that this was “the breaking point” for many of the Board members, who felt they were offering Ms. Booth a good deal in splitting the reconstruction costs (and only the reconstruction costs) 50/50. The Village was prepared to pay all dismantling and engineering costs. Ms. Booth, however, steadfastly and consistently refuses to contribute any money. One of the things the Board had examined carefully with council was the dangerous precedent they would be setting if the Village were to undertake the full expense of the reconstruction of personal property owner’s wall. He reiterated that this is where the breakdown is happening. Yes, Ms. Booth will need to dig a trench behind the wall, anyone who has been attending the meetings or reading the minutes has a basic knowledge of the general engineering involved. The Village has made every effort to keep the project as low cost as possible and to be as fair to their neighbor as they could possibly be, but there is only so far they can go to avoid litigation. Now the Court will decide.

Mrs. Sonne commented that she thought this was a pity and Trustee Kilduff countered “not to us.”

Trustee Guinchard stated that for the record that based on what they had heard from Mr. Golden and Ms. Booth’s Attorney, there had been money agreements.

Trustee Kilduff pointed out that there was offer of financial assistance in the current counter-offer.

Trustee Guichard responded that Ms. Booth had offered to donate her land to the Village and Trustee Kilduff stated that it was not a donation because the Village was not planning to take over the wall and thus it was not a municipal property. Furthermore, he objects to Ms. Booth’s use of the term “municipal project” in her letter re-emphasizing that this was her project and that the Village was just contributing as much resources as they possibly and fairly could to complete it.

Trustee Guinchard stated that she respected Trustee Kilduff’s opinion but until she saw either a deed or a title proving otherwise, she did not believe it was Ms. Booth’s wall. She believes that what the Board has done is to set a precedent that they will “go after any home owner just because they want to.”

“Who wanted to do this?” questioned Trustee Kilduff. “Nobody wanted to do this.”

The Village has followed the law. In fact, most people he has spoken to about it consider the Village’s offer to be a very fair settlement. The wall benefits Ms. Booth’s property. It does not benefit the Village roadway.

Trustee Guinchard again stressed that following the meeting with Ms. Booth, she and the Mayor had told Ms. Booth that the board would meet and get back to her within a few days and this did not happen. She believes this was entirely irresponsible. This is not a decision the Mayor should make on her own.

Commenting that he did not want to speak for Mayor Neuhauser, Trustee Kilduff suggested that Trustee Guichard should have know that there would not be support amongst the Board for the counter offer.

Rob Zgonena stated that with all the back and forth he had become a bit confused and wondered, for the record, whether or not the Board had officially rejected the counter offer put forward in Ms. Booth’s letter. Specifically, he inquired as to whether or not there had discussions between the Trustees or if a vote had been taken outside of a public meeting. He further commented that there had been a resolution passed under Mayor Wilson which prevented The Mayor and more than two Trustees from getting together to discuss Village matters outside of a public meeting.

Both the Deputy Mayor and Nancy Hays pointed out that Mr. Zgonena was referring to The Sunshine Law. (which is a New York State Law and not a resolution passed by the Board under Mayor Wilson)

Trustee Kilduff stated that the Village had made a non-negotiable offer to Ms. Booth and she attempted to negotiate before rejecting it. There was no follow up. There was no vote. There was no panel discussion.

David McFadden wondered who had decided to reject the offer if there had been no executive session.

Trustee Kilduff responded that there had been no need to carry the counter-offer back to the Board because it was unacceptable.

Mr. McFadden suggested that this was inappropriate, commenting that there should have been an executive session to discuss Ms. Booth’s counter offer and that the Board could not simply make a unilateral decision like this when there were tax dollars at stake. They had to have an executive session. He further commented that he believed Rick Golden would agree that to receive a counter settlement and reject it before discussing it with the Board in full was not appropriate.

Mr. McFadden suggested that it was a matter of municipal law and again, Trustee Kilduff disagreed.

Mr. McFadden alleged that Trustee Kilduff did not know what he was talking about.
There followed some snippy discussion between Mr. McFadden and Jim and Nancy Hays, with the Hays suggesting that Mr. McFadden should “pipe down” and Mr. McFadden telling them that he was a taxpayer and he had a right to speak and they needed to mind their own business.

Trustee Guinchard asked Attorney Rick Golden whether or not the Board should have had an executive session to discuss Ms. Booth’s counter offer. She then intimated that Mayor Neuhauser had agreed to the counter offer at the time of their meeting with Ms. Booth and the Mayor denied this.

Mr. Golden responded that there was no legal requirement that there be a discussion on a proposal that was made to the Mayor and 1 Trustee. If the majority of the Board had been in favor of having such a discussion, they could then have met in executive session as part of a public meeting, but again, his was not a legal requirement.

Trustee Goodfellow commented that clearly Trustee Kilduff had known what he was talking about.

Mrs. Sonne then read aloud a statement she had prepared regarding both Professor Ochsendorfs report and what she considers to be an incredible amount of financial waste on the part of the Village with regard to the wall.

Rob Zgonena asked the Deputy Mayor whether or not he was still a member of TPFYI.

The Deputy Mayor responded that he honestly was not sure as he had not contributed anything to the site in over 2 years. He then asked TPFYI reporter Meg Vaught if he was still considered a member and she responded that he was on the Sponsors list.

Mr. Zgonena went on to say that when he was a Trustee serving under former Mayor Stebbins, the Board had managed to not only settle lawsuits but get through the term without anybody suing the Village for anything. Also, during that time, Mayor Stebbins managed to get through a substantial public works project on East Lake Road where a very large portion of a wall along that road was taken down and rebuilt for reasons similar to those on the Causeway. Commenting that it was far too late now to make any good use of it, he strongly encouraged the Board to reach out to former Mayor Stebbins and ask him how he had managed to resolve the issue without any legal morass.

Jim Hays began to respond to this, however Mr. Zgonena cut him off mid sentence and informed him that he was not looking for an answer from him.

Mayor Neuhauser interjected that it had been a gentleman’s agreement and that Mr. Hays had some knowledge of what had happened.

Deputy Mayor du Pont stated that he would like to hear from Mr. Hays.Mr. Hays stated that the owner of the wall on East Lake Road, Mr. Ralph Gruterich, had agreed to pay for the cost of repairs to the wall.

Mr. Zgonena interrupted Mr. Hays and adamantly disagreed with this statement, calling it a “glaring error.”

Mr. Hays denied this and continued on to say that while Mr. Gruterich had paid for the repairs to the wall, the Village had paid for the repairs to the roadway. This was the agreement negotiated by Mayor Stebbins and Mr. Hays was a Trustee at the time. He further pointed out that this was a VERY different situation than the Causeway wall, where the owner is refusing to pay for the repair of her own wall.

Mr. Zgonena then asked Mr. Hays whether or not his Board had filed suit against Mr. Gruiterich.

Trustee Kilduff commented that the current Board had not filed suit against Ms. Booth either. Rather, she has filed suit against the Village. He feels that must be made clear.

Mr. Zgonena responded that one files an article 78 in response to “some action that the Board has taken” and not the other way around.

Trustee Kilduff reiterated that Ms. Booth is the one who filed suit in Court, NOT the Village. The Village is in court now because of Ms. Booth.

Trustee Guinchard stated that based on what some of the people had said that evening, she believes that with what the Village has spent on this situation to date, they could have almost paid for the repairs to the wall. She feels the Board has been extremely irresponsible with taxpayer dollars in this situation. Ms. Booth did present an offer with the attorneys, which was discussed many meetings ago, so to suggest that she ha never cooperated with an offer is false. The past Board pulled the offer. She then asked Attorney Golden to expand on this.

Mr. Golden responded that at one point in time there had been an offer by Cindy Booth, which was not accepted by the Board, however the Board counter offered and as soon as they did, Ms. Booth retracted her original offer and stated that she would no longer communicate any offers. This was done via her attorney.

Trustee Guinchard asked Mr. Golden about an offer prior to that, which had been discussed between him and Ms. Booth’s attorney and had been “exposed” at the last public meeting.
Mr. Golden responded that this had happened at the very beginning of the process and it was nothing that had ever been finalized. Rather, they had simply explored whether or not a specific concept might be acceptable (he believes this would have entailed Ms. Booth contributing $12,000) but this would have involved the Village agreeing to take responsibility for the wall, which they were unwilling to do, so nothing ever came to fruition.
Mayor Neuhauser commented that she thought everyone should keep in mind that if the Village agreed to take on all the walls boarding roadways in the Village, tax dollars would increase dramatically. Precedent is extremely important here. People must keep this in mind moving forward.

Mrs. Sonne commented that most of the walls are in quite good shape and Trustee Kilduff responded that it was a mixed bag. He further commented that it is also a mixed bag as to who owns what. Chris Hansen put forth a possible scheme to work this out moving forward, which may well work. That being said, in this particular case the documentation that was reviewed by the majority of the Board with council tells them that it is not the Village’s wall. All the same, they tried to make what he believes is a very generous and fair offer to their neighbor in an effort to resolve the problem and at this point, they have gone as far as they can.

Mrs. Sonne wondered whether the Board believed that the public traffic on the road has had a detrimental effect on the wall.

Mrs. Sonne joked that one of her sons had run his car into the wall when he first got his license and she was sure he was not the only one.

Committee Updates:
The Keep: Trustee Goodfellow reported that the bidding document for work on the Keep would be ready by the January meeting of the Board.

Environmental Committee– Trustee Goodfellow announced the following important dates:
Sunday – February 1 – The Garden Club together with the Tuxedo Park Library will present Dr. Rick Ostfeld of the Carry Institute. Dr. Ostfeld is one of the premier scientists and experts in tick ecology in this country. Commenting that what is absolutely wonderful about him aside from his work in the study of tick born illnesses and the ecology of that over the past 30 years, is that he is a man of science who can speak to the public in plain English and can present complicated issues in a way that they can be more easily grasped. As we have all co me to understand, the plague of tick born illnesses that we are enduring is really related to a very complicated interrelationship between what is happening to our environment and biodiversity. Dr. Ostfeld’s talk will be the kick-off to a series of events. The Library is planning to continue on with a series of speakers to talk about what happens, what is available and how to deal with life if one becomes afflicted with a tick born illness. The Garden Club plans to continue exploring what residents can do in their gardens and on their properties to reduce the number of ticks as well. The Village will also be working with everyone as they examine policies and how residents manage their properties.

On Thursday, February 6 Chris Doyle of Allied Biological (lakes biologist) will present his findings. He has been amassing a giant spreadsheet of all of the lakes data that has been accumulated over the past 6 or 7 years. This, along with a review of the Lakes management study that was done and the AIM report (Eurasian Water Milfoil), will serve as a beginning springboard for planning for the lakes and watershed moving forward.

Fortunately, there is enough funding available for the Village to be cycled back into the CSLAPS program.

Trustee Goodfellow will also be meeting with Superintendent Voss to begin the discussion of stream testing and training some members of the DPW in NYS approved methods for sampling for macro invertebrates. At some point in January, the Village should be receiving a report from Kelly Nolan regarding the stream testing he did as a follow-up to the mulch pile issue situation, but really there are many other streams that need to be evaluated as well.
There is also a group emerging who will be taking a closer looks at the invasive plants that can be found growing in and around the Village and exploring what people can do to combat this problem.

Mayor Neuhauser commented that she had informed the town Supervisor of the meeting on February 6 and that he was planning to attend.

Trustee Goodfellow responded that it would be wonderful if the Town would consider forming an environmental committee as well as it would be great to get some help from them.

Emergency Services Committee – On behalf of the Ambulance Corps, Trustee Kilduff reported that that they had sent out their annual fundraising letter and it was met with an overwhelming generous response from the community. He offered his sincere, public gratitude to the entire community for their help.

Cable Contract:
With regard to the Cable Contract, Trustee Guinchard reported that after having looked over the past contract with Attorney Golden, they were in agreement that there was only so much room that the Village has because there is no competition in this area. She has spoken with Verizon, but the Village is not on their radar. The only competition is individually owned satilite dishes. Mr. Golden has put together a survey which Trustee Guinchard will be sending out looking for community input.

Resolution – Appoint Full Time DPW Motor Equipment Operator:
The Board voted unanimously in favor of appointing Daniel Hagland as a full time motor equipment operator for the DPW effective January 2.

Lake Issues:
Kathy Norris stated that her brother, James David, an oceanographic biologist, a consultant to 8 nations, the Mosquito Control and Coastal Management Director in the State of Florida, had visited the Park this past May at which time he was horrified at the state of the Tuxedo Lake. He subsequently recommended that Kathy and Peter Van Zandt work with Jim Reichle, who is the Director of Field Operations for ASA and he is New York State’s number 1 pick for bio-manipulation. Mr. Reichle came to the Village and has observed the problem and appeared with Ms. Norris ready to outline and discuss with the Board. Additionally, Ms. Davis stated that her brother was waiting by his phone and would be happy to dial into the meeting to join in the discussion and explain why he had jumped to the conclusions that he had. Ms. Norris’s biggest fear is the tropic collapse of the Lake, which is going to turn the algae blue/green, which in turn can create cancer-causing agents. She fears that the Lake is reaching “a point of no return” as far as its use as a reservoir. Mr. David has been adamant that the problem has not been caused by run off and/or pesticides, because if that were the case all of the fish would be dead.

There followed a brief debate as to whether or not Ms. Norris should read the somewhat lengthy (3 and 1/2 page) letter written by Mr. David and Mr. Van Zandt into the record.

Trustee Guinchard argued that it was important to read it because it pertains to the drinking water, which is the Village’s most important asset.

The Deputy Mayor asked Trustee Goodfellow, head of the Environmental Committee, what her thoughts were.

Trustee Goodfellow responded that she thought what would make sense would be to have Ms. Norris, Mr. Van Zandt and Mr. Reichle return to the February 6 meeting with the Village’s Lake Biologist

Ms. Norris interrupted stating that she could not be present on February 6 and that she felt action needed to be taken now.

Trustee Goodfellow wondered if it were really necessary for them to be in a meeting together constantly interrupting each other and being rude.

Trustee Goodfellow went on to say that there was no question that bio manipulation may be one part of the issues in the lake.

After once again asking that she not be interrupted, Trustee Goodfellow stated that in her view it made sense that those individuals, such as Mr. Reichle, with such expertise in this area be there with the Lake’s biologist to present their expert knowledge as opposed to being here with a general group of people who are going to be probably the least able to follow through on their recommendations and integrate them into the findings. When she spoke with Both Mr. David and Ms. Norris back in the fall, she indicated that the Board had approved the proposal to have Allied Biological pull together all of the data and review all of the studies to date to serve as a basis for where to go next with the plan. She suggested that Mr. David take a look at these findings and integrate them with any proposals that he might have.

Trustee Guinchard interrupted commenting that with all due respect, they could have already heard the letter in the time that been spent discussing the issue.

Trustee Goodfellow responded that she had read the letter and inquired as to whether or not there were any Board members who had not.

Trustee Guinchard stated that she had been at a meeting right before the reorganization meeting where the Board allocated $20,000 for lake’s management for two years in a row for research, but as far as she could see, they were not executing anything concrete. This is why she thinks it is important that everyone hear the letter and she reiterated that in the time Trustee Goodfellow had been speaking, the letter could have been read.

Trustee Goodfellow responded that she had been asked a question and was merely answering it. She apologized to Trustee Guinchard if she thought this was a waste of time.
Mr. Van Zandt commented, “Why don’t you just read the letter and stop the ego trips?”
Trustee Goodfellow stated that she was really tired of the level of insults being thrown around in these meetings.

Mayor Neuhauser commented that the Board had had no idea that these gentlemen would be at that evening’s meeting, which was unfortunate for both groups. If they had known they were coming, they might have been able to make more time to really sink their teeth into the information in the letter.

Ms. Norris stated that they had not known they were coming until that afternoon.

Ms Norris was then permitted to read an abridged version of the letter, which again can be read in its entirety by clicking here.

When asked for his thoughts, Mr. Reichle commented that he would love to come back on February 6 and hear what Allied had to say. “If somebody has already done a bunch of things, you put the pieces together and create a nice big puzzle,” he said.

The Mayor agreed, commenting that she felt it would benefit him to speak with Allied directly.
Trustee Guinchard wondered if, in Mr. Reichle’s opinion, the Village should hold off on pulling the milfoil weed at this point.

Mr. Reichle responded that the PH was incredibly out of whack and this was the primary concern. There is something horribly horribly wrong. While most communities are fearful of acid rain in their waters, the Village Lake seems to be going drastically the other way, more so than he has seen in any other community in Orange or Rockland County.

Trustee Guinchard then wondered if the problem was due to a fish imbalance and Mr. Reichle responded probably not. Rather, it was a combination of the whole food chain, the tropic biosphere, which has some how gotten all upset.

Trustee Kilduff wondered if one of the culprits for the high alkalinity could be the frequent fires on the mulch pile and the subsequent ash that came from them.

Mr. Reichle inquired as to whether there was any leachate from the facility that had gotten into the lake.

The Deputy Mayor responded that they were not100% sure. They knew that there was some flowing into the WeeWah but could not prove whether or not it was coming into Tuxedo Lake. That being said, leachate was highly acidic.

Mr. Reichle agreed, commenting that although ash was alkaline, there would have to be an awful lot of it to have this kind of effect on the water.

Trustee Guinchard noted that the Village had stopped stocking the lake for 8-10 years and wondered if this might be the reason for the current problem.

The Mayor noted that TPS put fish into the lake on an annual basis and wondered what kind and size they were.

Various other types of fish were discussed as were the costs and methods of putting them into the lake.

Mayor Neuhauser then concluded that in her view the best thing to do would be to get all of the experts together on February 6 and the Board agreed.

Trustee Kilduff stated that despite Ms. Norris’s earlier talk about things breaking down and cancer, he wanted to assure everyone that the drinking water was tested repeatedly and that it exceeds New York State standards. Residents should not panic. The Village is attempting to get ahead of the issue.

Trustee Goodfellow stated that she felt it was important to point out that there was Eurasian Water Milfoil in all three lakes and that the lateral zone is one thing in Tuxedo Lake and it is a very different situation in the two smaller lakes. The threat of Eurasian Water Milfoil left unchecked in the smaller lakes is such that it could take over those lakes in very short order.
Mr. Reichle commented that it was important to understand that they could not just pull the weeds out and do nothing. They must be replaced with something in order to maintain the nutrient balance.

Mrs. Goodfellow responded that the degree of Milfoil growth has been quite low and one of the reasons that the approach the Village has taken has been quite effective is that it has not taken hold.

Trustee Guinchard commented that she felt that if the Village could save money by not putting copper sulfate in the water because the balance of nature starts happening over time it would be a win/win for everybody. She reiterated that she believed the Village had spent a ton of time and money on studies to date, but nothing has been executed. The issue is critical.

Request by Chiu Yin Hempel – Photograph Village Properties for Book:
Mrs. Hempel began by stating that she felt the heading on the agenda was a bit misleading and that what she was really requesting was permission to take nature photography (roads, flowers, the race track, streams) to be included in a color coffee table book to be published in 2015 to benefit the Tuxedo Park School. She believes that what
makes Tuxedo Park special is first it’s historic architecture, which was celebrated in the book The Historic Houses. Secondly, the eclectic group of famous people who lived in the Village during its first 40-50 years and this was celebrated in the second book, LIVES LEGACIES AND LEGENDS. The third book will celebrate the spectacular and magical nature of Tuxedo Park, without which the historical architecture would not have the appropriate historical context. They have commissioned photographer Greg Miller to shoot all of the pictures, most of which will be taken on private property with prior consent. Additionally, Mrs. Hempel assured the Board that if any of the photographs depicted any recognizable structures (i.e. houses) she would seek the prior written approval of the owner as she had with the last book. The reason she was appearing before the Board that evening was that Mr. Miller would be out and about shooting pictures over the course of the next several months and she did not want him to be mistaken as an intruder and also to seek permission to take pictures on some public lands, such as The Racetrack.

Trustee Goodfellow inquired of Attorney Golden whether there was any issue in terms of president in granting permission for this type of project.

There followed a brief review of the Village code as it pertains to this sort of thing (frequency of visits, time of each visit etc) after which Mr. Golden suggested the following resolution, which makes approval of the request complaint.

Resolution approving of a Village resident project, utilizing Greg Miller as a photographer, to photograph landscape and nature photographic sessions for a book on Tuxedo Park over a period of time of one year – four seasons, conditioned upon compliance with Section 51-1 of the Village Code. Each photographic session shall last no more than 8 hours.

Mrs. Hempel then wondered if the Board might issue a safe conduct letter for Mr. Miller to carry with him in the event that he was stopped by the police.
The answer was yes.

Resolution to Appoint Ralph RIP Brooks as Fire Commissioner for Tuxedo Joint Fire District:
The Board voted unanimously in favor of appointing Ralph RIP Brooks as Fire Commissioner for the Tuxedo Joint Fire District for a five-year term beginning January 1, 2014.

Resolution – Appoint Part Time Traffic Guard:
The Board voted unanimously in favor of appointing Dean Sheehan as a part time traffic guard, replacing a former guard, with a salary of 13.77 per hour beginning December 3 2013.

Resolution – Amend Village Health Insurance Policy:
The Board voted unanimously in favor of amending the Village Health Insurance Policy to include domestic partners in the Police, DPW and Village departments and that the domestic partner be enrolled in the NYS HIP provided all requirements as set forth in the NYS HIP for such coverage has been met and the appropriate applications and proofs are filed.

Other Business:
Trustee Goodfellow noted that at the previous meeting, the issue of Jehovah’s Witnesses going door to door was raised. She wondered if there was still a list in place of residents who did not wish to be called upon which was to be handed to the Jehovah’s Witnesses when they came into the Village.

It was agreed that a new list would be compiled via survey to be included with the cable survey in order to put together an updated list.

1. Call to Order
2. Pledge of Allegiance
3. Mayor's Update
4. Police Update
5. DPW Update
6. Building Department Update
8. Public Comments
9. Committee Updates
10. Consider - Stocking Tuxedo Lake with 16" trout
11. Resolution - Appoint Fire Commissioner for Tuxedo Joint Fire District
12. Resolution - Appoint Part Time Traffic Guard
13. Resolution - Appoint Full Time DPW Motor Equipment Operator
14. Resolution - Amend Village Health Insurance Policy
15. Request by Chiu Yin Hempel - Photograph Village Properties for Book
16. Approve Minutes - 11/26/13 BOT Meeting
17. Audit of Claims (Bills)
18. Adjournment

The Village Board of Trustees met on Tuesday, November 26 at 7pm. Trustee Goodfellow was absent.

Mayor’s Update:
Mayor Neuhauser began by reporting that she had recently met with Town Supervisor Elect Mike Rost and believes that the two them will work very well together. Both She and the new Supervisor are committed to bringing the Village and the Town closer together. Supervisor Elect Rost is, in her view, a very smart man and he has a lot of good ideas for the Town. There is a lot for him to chew on and the Mayor thinks that residents can expect to see some changes around Town moving forward.

Together with DPW Superintendent Jeff Voss and Building Inspector John Ledwith, the Mayor met with O & R to discuss their new Priority Restoration Initiative, which has been put together by the utility company in the wake of the Super Storms to see where improvements are needed. Although many residents have been vigilant about it, dead trees and removal thereof remain an issue in the Village. In the event of a storm emergency, clearing the trees will be O&R’s first priority, after which they will form a strategy for quickly restoring service. They recognize that communication is key and will be in touch twice daily with progress updates.

Many residents have yet to pick up their new vehicle tags from the Front Gate. The Village would like to have the turn over process from old tags to new complete by January 1. The easiest thing to do is to bring a copy of the vehicle registration to Denise at the Gate and she will then issue a new tag, which can be affixed directly over the old one.

The deadline for leaf disposal has been extended through December 6. The facility across from the DPW will be open all week from 1-4pm.

The Mayor reported that John Moon had forwarded a copy of an article from the New York Times to her attention, which details the process of mowing/mulching leaves into one’s lawn. The process seems relatively easy and is a great way to feed grassy areas. Several communities in this area have tried it and it appears to be a good way to cut down on the costs associated with leaf disposal. The Village will be looking into this moving forward and Mayor Neuhauser will post the article on the Village Website for residents to review. To View the article, posted to the Village site on 11/26, click HERE.

Police Update:
Chief Ken Sanford reported the following for the month of October:
Non-Criminal Complaints – 41
Criminal Complaints – 1 (closed by arrest)
Property Damage Complaints – 3
Traffic Summonses Issued – 3
Fire Calls – 7 (all false)
Medical Calls – 2
Intrusion Alarms - 4 (all false)
Assists Given to The Town of Tuxedo Police – 2
Assists Received from The Town of Tuxedo Police – 1

Additionally, 11, 387 non-tagged vehicles entered the Village via the Front Gate.

The month of October was a quiet one for the Police Department. They are in the initial stages of this year’s culling initiative and have begun discussions with the DEC.

DPW Update:
Superintendent Voss reported that the DPW has been kept busy with leaf removal for the past several weeks. In addition, they have been working on the Mountain Farm Pump Station and this project is almost complete.

Building Department Update:
Building Inspector John Ledwith was not present.

The Board voted unanimously in favor of approving Robert Simon’s application for an addition.

There was some discussion with Bob Klimecki with regard to work taking place at 11 Ridge Road and the possible lifting of a Stop Work Order. It was determined that Mr. Klimecki would need to submit some drawings and secure the proper permits before work can proceed.

Prior to opening the Public Comment period, Mayor Neuhauser read into the record a statement on behalf of the Board with regard to a possible settlement regarding the Causeway Wall. Click HERE to read a copy of this statement.

Public Comments:
Stephen Brodeim commented that on the previous Saturday a pair of Jehovah’s Witnesses had come to his door as well as those of many of his neighbors on Club House Road. When he called the Gate to report it, he was informed that there was “some reason” that this group was allowed into the Village. He wondered if Chief Sanford might be able to shed some light on this.

The Chief responded that it would be against the law for the Village to deny the Jehovah’s Witnesses access. When asked to elaborate, Chief Sanford called upon Village Attorney Rick Golden, who explained that the group had a constitutional right to come into the Village and go door to door. However, if a property owner clearly indicates that solicitation is unwelcome (usually via some sort of signage on the property), the group is not allowed to go there. The property owner’s rights trump those of the First Amendment in this case. What the Village has done in the past is to form a “No Solicitation” list, which is then circulated to groups such as the Jehovah’s Witnesses upon entry. This way, they know where they are unwelcome.

Jim Hays commented that he would like to underline the leaf issue that had been discussed earlier. Stating that he had read the same article, he suggested that there would be a number of advantages to mulching leaves in this way. Not only does it increase the nutrients in the soil, but also because processing takes place several times during the leaf falling season, it reduces the overall amount of leaves blowing around. Additionally, it reduces the costs associates with leaf removal and helps to reduce the air and noise pollution coming from leaf blowers. The Towns of Dobbs Ferry and Hasting on Hudson have been successful and Mr. Hays feels it is something that the Village should promote.

Mayor Neuhauser agreed, commenting that it was clearly too late to do anything this season, but there was plenty of time to organize before next fall. She feels that getting residents on board will be key and that they can then put pressure on the landscapers.

Rob Zgonena inquired about tree removal and specifically whether or not the Village was enforcing the rule, which restricts property owners to cutting down only 4 trees per year.
Mayor Neuhauser replied that if it was still in the code it was still the rule.

Deputy Mayor du Pont pointed out that residents who may have more that 4 trees that are dead or dying can get permission to remove them, they just need to get John Ledwith come take a look and grant the approval.

Mr. Zgonena wanted to know if Mr. Ledwith was enforcing this and the Deputy Mayor responded that to the best of the Board’s knowledge, he was. That being said, Mr. Ledwith does not examine all 308 homes/properties on a monthly basis and that it was really based on help from individual homeowners utilizing the code in an honest fashion. He encouraged Mr. Zgonena to contact John if he had seen something that he felt needed attention.

Mr. Zgonena then wondered about the Ridgeline Precipice law and whether or not it was still in tact as it was drafted.

Attorney Golden responded that the enforcement was a maximum fine of $250 per day for every day in violation that’s enforceable in Justice Court. There are also civil sanctions (he believes the same amount.) Enforcement actions vary depending the circumstances.
Cindy Booth stated that, as a matter of semantics, she wanted to clarify for the record that she had never been approached by anybody on the Board of Trustees as far as a resolution. She had spoken with other people, but none of the Board members had approached her personally. Also, as far as agreeing to postpone further action in terms of her lawsuit against the Village, she stated that it was The Village who had proposed the postponement. Village Attorney Golden suggested to her attorney, David McCartney, that she agree to postpone on the Village’s behalf until the end of January. It was not her idea.
Speaking to the lawsuit, she commented that she had never wanted to be in her current position, but felt she had had no choice in the matter when she had been served with a notice giving her one-week to take down the wall or else face a lien on her property. She pointed out that 10 months later the Village still did not seem to have a viable plan for the project to put out to bid. She feels that having ordered her to take the wall down in a week and then blaming her for the subsequent lawsuit is extremely unreasonable. Reiterating that she had no desire to be in the position where she found herself she stated that she believed the Village had instigated the entire situation and that she was simply reacting to it.
Attorney Golden stated that, for the purpose of further clarifying the record, there had been conversations going back and forth between the Board and Ms. Booth, however it had been by way of Attorneys. Over the course of many months the Attorneys have been in communication regarding possible resolutions to the matter.

Ms. Booth responded that while there had been communication between the lawyers, there had been no direct communication between herself and any of the Board members. Former Mayor Wilson did communicate with her directly several months back, however she had been told that any comments he had were not valid because they had not been approved by the former board.

Attorney Golden replied that as in most litigations matters, once litigation had been initiated, matters are handled through the attorneys. With regard to the proposed extension, Attorney Golden stated that Ms. Booth’s attorney had rejected the Village’s proposed date of January 15 and that they were now responding to HIS request to extend the date further to January 29.

Ms. Booth retorted that this was a technicality and that she would be out of town on January 15, ,which was the only reason the date had been rejected.

Mr. Golden stated that he was merely trying to make sure the record was correct to which Ms. Booth replied “Let’s make sure it is correct. I did not request an extension. You did.”

Professor Ochsendorf Report:
Back in September, Village resident Sally Sonne suggested that the Village contact Professor John Ochsendorf from M.I.T., who specializes in historic masonry structures, for his opinion on the Causeway wall. This was done and Mayor Neuhauser read aloud portions of his report. The entirely of the report can be viewed by clicking HERE.

To summarize, after having reviewed reports from both Village Engineers and those hired by Ms. Booth as well as all pertinent documentation, Professor Ochsendorf agrees with the initial assessment by Village Engineers Westin and Sampson that the wall is severely distressed and that if left “as is” there is a strong likelihood that part of the wall may collapse onto the roadway at some time in the coming decades. The possible opening of the backside of the wall is also not an encouraging sign. Something must be done to stabilize the leaning portion of the wall. As the wall is historic, he recommends that any repair maintain both the appearance and construction method of the wall. Any proposed solution should not depend on the use of re-enforced steel, which can corrode and will not last more than a few decades. By removing at least 4 feet of soil depth behind and immediately adjacent to the wall, some of the pressure can be relieved, which will provide time to make the necessary repairs. In the long-term, he believes the wall should either be lowered in height or thickened in width in order to provide a “safe retaining structure.” While the repairs are being made, he strongly recommends that the roadway lane adjacent to it remain closed.

The Mayor noted that she was sure that Alan Yassky would be interested to learn that the plan put forth by Professor Ochsendorf was surprisingly similar to his own. She further commented that despite those who had been overly critical of the process, she believes that the Village has learned a lot from this experience and to that end there has been some money well spent. They have also realized that it is possible to come up with solutions that are not as huge in scope as the engineers might initially propose and to that end, the scope of this project has been cut in half thanks to help of Alan Yassky among others.

Ms. Booth inquired as to how much money had been spent on Westin Sampson’s 98-page report that ascertained that the entire wall needed to come down and be rebuilt.
The Mayor responded that bills were still coming in and that she did not know the total off hand. She believed the first piece of the report had been around $8000.
Ms. Booth retorted that it had to have cost a lot more than that.

Mayor Neuhauser stated that in all honesty this had been the first time she had gone through a process like this involving BID documents and prevailing wages etc. While the document is indeed huge, a lot of the information within is “boiler plate” material.

Ms. Booth wondered if the invoices would be available for the public to see and she was informed that they would.

Ms. Booth then wanted to know whether or not the Village had been paying the DPW prevailing wage back in August when they had been instructed to take down the wall on the Friday of Labor Day weekend.

Attorney Golden responded that prevailing wage applied to outside contractors and that there was no legal requirement to pay the DPW prevailing wage.

Ms. Booth asked whether or not the Village intended to use outside workers, to be paid a prevailing wage, when they embarked on the next phase of the project or whether or not the DPW would be allowed to do the work at no charge.

Attorney Golden replied that, as indicated in the Mayor’s statement, the dismantling would be done by the DPW under the supervision of a qualified mason.

Ms. Booth wondered if they had any idea who the qualified mason would be and whether it would be put out to bid.

Attorney Golden informed her that the job would not have to be put out to bid, as it was a professional service. The Board has not decided to engage anyone at this time.

Ms. Booth wanted to know if the Village had anyone specific in mind, and Mayor Neuhauser responded that she did not.

Ms Booth commented that she remembered that at one point the Board had pretty much ascertained that it would be Kristian Matthews, to which the Mayor replied that Mr. Matthews wanted nothing to do with any part of this project.

Deputy Mayor du Pont asked Ms. Booth whether she had somebody specific in mind, commenting that the Board would be happy to consider her suggestion. Ms. Booth responded that she did not.

She then stated that it was her understanding that in order to complete the project, the Village would need to come onto her property and excavate roughly 30 feet of her lawn behind the wall. She wanted to know what, if any, plan was in place for the restoration of her property. She further commented that following the excavation that took place in June she had been told that her property would be restored but it never was.

Mayor Neuhauser and Trustee Kilduff simultaneously pointed out that there had been an injunction/retraining order issued which prevented the Village from accessing the property.

Ms. Booth reiterated that as per the agreement, her property was supposed to be restored to its’ former state and was not.

Mayor Neuhauser stated that the second phase of the new plan would certainly involve restoration in terms of putting the lawn back and reseeding.

Ms. Booth stated that what concerned her was that there was no concrete plan for the restoration.

The Deputy Mayor assured Ms. Booth that any agreement between herself and the Village would encompass restoration.

Trustee Kilduff commented that he had been under the impression that Mr. Yassky had met with Ms. Booth and explained the two phases of the plan in detail, including what everything would look like when the project was finished.

Ms. Booth responded that this was not so and that there had been no discussions about what things were going to look like upon completion.

Trustee Kilduff responded that the Board was hoping that Ms. Booth would work with them and that he believed that she both understood and appreciated the dangerous condition of the roadway as it was now (with only one lane open) particularly with the winter coming. He believes it is the Board’s intention (after having been apprised of the plans from Mr. Yassky and having met with both Village Engineers and the DPW) is to take the wall down to the original 3 feet and open the roadway. The plan as presented accounts for drainage as well as anything else that needs to be done in order to secure this bit of land in front of the reservoir. Then, once the weather clears, (mid-to late April) the wall will be built back up to a reasonable height; however there will be a 3-foot drop from Ms. Booth’s lawn to the top of the wall from where it is now. He was under the impression that Ms. Booth was okay with this and this was partly why the Board had decided to delay the court hearing as they thought they were on the path to a resolution. He expressed some concern that there might be some confusion surrounding this point.

Ms. Booth replied that the value of her property had been severely impacted by the last several months and that, yes, she had had conversations with Mr. Yassky but she had also had conversations with Tom Wilson 10 months ago and had previously agreed to 2 different proposals from the Village, both of which had been retracted by the BOT. Thus she feels her skepticism is understandable. She feels that she has always expressed a desire to be cooperative with the Village.

Trustee Kilduff questioned this and asked Ms. Booth if she suggesting that the Village had had an agreement with her that they then rejected.

Trustee Kilduff interjected that as he understood it they had been two negotiated proposals that she had rejected out of hand.

Ms. Booth responded that this was not true and Trustee Kilduff asserted that it was.

Ms. Booth stated that she had been given one proposal 10 months ago that she had agreed to, but had subsequently been informed that it had not been approved by the entire Board so it was not valid. There was then a second proposal that she agreed to that she was also told was did not have full Board authorization and was ultimately rejected by the Village.

Trustee Kilduff reiterated that the one settlement offer the Village had proposed to Ms. Booth had been rejected instantly by her attorney..

Ms. Booth disagreed with this assessment, but stated that she didn’t want to waste everyone’s time arguing about it.

Mayor Neuhauser commented that she felt it was important to discuss it and that the public had been given the impression that there had not been negotiations or offers, which was not the case.

Ms. Booth responded that the problem was that all of the resolutions/offers that had been proposed to her had been done so off the record.

Attorney Golden pointed out that at the request of Ms. Booth’s attorney, the first proposal form the Village had been kept confidential, which is rather typical in situations like these, so that public input would not impede to process of coming to an agreement. The last settlement proposal was in fact withdrawn by Ms. Booth’s Attorney after it was not accepted in total by the BOT.

Ms. Booth responded that she had spent a lot of money in legal fees and good faith trying to reach a resolution with the Village and on two different occasions after she agreed to proposals, they were withdrawn not by her, but by the Village. She would like this fact to be very clear because she feels that she has been nothing but cooperative.

Trustee Kilduff stated that this was simply not true. The Board did not retract any settlement.
Attorney Golden commented that he believed what Ms. Booth was referencing was a suggestion he had made to Ms. Booth’s lawyer in the process of attempting to come up with a resolution. There was never an official settlement offer.

Deputy Mayor du Pont commented that he could not speak to any of the previous proposals but that the entire Board stood behind the current proposal and he hoped Ms. Booth would give it serious consideration.

Ms. Booth replied that she would look at it. She went on to say that she had been forced into a position where she had spent an enormous amount of money in legal fees talking about unauthorized proposals. She really does feel as though she has been attacked for the last 10 months in a ruthless and aggressive manor. She believes the entire thing was unnecessary and that the Village backed her into a corner when they sent her a notice giving her a week to remediate the situation or face a tax lien, which gave her no choice but to retain legal council. She had no desire to be in this situation, but she had no choice. Now, after 10 months and countless dollars spent, she believes she is looking at the same proposal she was given to begin with.

Mayor Neuhauser pointed out that the main difference, which is extremely important to note, is that the scope of the work has been cut in half, mainly due to volunteers who have come forward to work with the engineers.

Ms. Booth wondered what might have happened if the Village had relied on local experts like Alan Yassky 10 months ago, rather than investing a ton of money in engineering reports which would be, for the most part discarded.

The Mayor responded that she believed that this situation needed to be looked at as something that could be useful to everyone moving forward. The Village is chock-a-block full of walls.

Ms. Booth agreed that there are many walls in the Village. She stated that it was her understanding that one of the Villages’ main concerns in moving forward was the precedent that might be set by their actions, specifically the municipality having to pay for the reconstruction/rebuilding of the wall. In her view the debate as to whether or not the wall really needs to be rebuilt could go on forever.

Both the Mayor and Trustee Kilduff disagreed; citing the Villages’ two sets of engineering reports as well the letter from Professor Ochsendorf, all of which clearly state that the wall must be rebuilt.

Ms. Booth suggested that having Professor Ochsendorf visit the site and examined the wall first hand would have been preferential and she questioned the validity of his report considering that fact that he had never actually seen it.

Mayor Neuhauser responded that it would have cost the Village $20,000 to have the professor travel to Tuxedo and examine the wall, while having the report issued remotely, had only cost $1000.

Ms. Booth responded that she felt this would have been money well spent, considering the large sums that have already been invested by the Village to date.
The Mayor responded that she was not so sure that she agreed with Ms. Booth on this and that she believed the project was in a good place, having been drastically narrowed down and refined by Mr. Yassky and the Village Engineers. It appears from Professor Ochsendorf’s letter that he is agreement with what has been proposed. The Village has learned a tremendous amount from this experience and while things may not have been done correctly in the beginning, shr stressed that it was important for everyone to move forward now.

Ms. Booth agreed, but wondered how Westin and Sampson could have suggested that the scope of work should be so much more than what is actually necessary. She commented that if she had capitulated 10 months ago, she would have been paying for 3x what was needed.

The Mayor reiterated that they had all moved on from that point and were now in a different place from which they must move forward.

Ms. Booth retorted that it had been at a tremendous expense to everyone.
Trustee Kilduff stated that he believed Ms. Booth had clearly staked out her position with the Board from the beginning and that unless he had misunderstood former Mayor Wilson’s characterization of his conversations with her, she had been very firm in not wanting to invest a single dime in the reconstruction of the wall on several occasions.
There followed a somewhat lengthy back and forth regarding a proposal made by former Mayor Wilson to Ms. Booth several months ago, followed by some further rehashing of the situation in general.

Deputy Mayor du Pont affirmed that the important thing at this point was to determine whether or not they could work from the offer on the table and reach an agreement that served both Ms. Booth and the Village residents well so that everyone could move forward.
Trustee Guinchard commented that obviously the past Board had made some poor choices and that this was clear to everyone now, but with the help of Professor Ochsendorf and Alan Yassky they have been able to come up with a plan that minimizes both scope and cost of the project. She feels awful that Ms. Booth is in the position she is and that she has had to spend large sums of money, but she feels that the important thing to do is to figure out how to move on. She asked Ms. Booth how she would like to see the Board proceed in order to move past this.

Trustee Kilduff seconded this and wondered specifically what Ms. Booth would like from the Board so that everyone can move through and past this.

Ms. Booth responded that honestly, she would have appreciated it if she had been approached differently and that she was incredibly offended by the way the Village had attacked her. If somebody had approached her correctly in the first place and calmly indicated that there was a problem, she would have worked with them. However, because of the way the Village handled things, lawyers got involved and the situation is now contentious.

Deputy Mayor du Pont commented that the past was the past and that they needed to determine how to move on and specifically how to proceed in terms of this offer.
Again, Ms. Booth stated that she believed everything could have been avoided if she had been treated with some common courtesy.

Mayor Neuhauser interjected that Ms. Booth was not giving her the benefit of the doubt and that she had spent at least 8 hours in direct communication with Ms. Booth discussing the situation.

Again, Ms. Booth mentioned that she understood the Board’s concern about setting a precedent by funding the repair of this wall, and that there were crumbling walls all over Tuxedo Park, but she believes strongly that there is no other situation akin to this one being that the adjacent roadway is The Causeway, which is in her view the most important roadway in the Villlage.

“Don’t look confused.” She snapped explaining that in her view, the Causeway is the main egress and access point for all of Tuxedo Park. Construction vehicles and non-resident Club and Tuxedo Park School traffic are all use it and she feels it is a completely unique situation. There is no other road that compares to it. It is the most important road in the Village.
Deputy Mayor du Pont countered that Tuxedo Road was more important as virtually every vehicle traveling to the Causeway must access it from Tuxedo Road.

Trustee Kilduff commented that the Village’s legal position on ownership of the wall has been filed with the court and they are firm in that position. Having said that, he believes that the settlement they have offered her reflects their understanding of the unique situation that she is in.

Ms. Booth retorted that she is also firm in her position regarding the wall’s ownership. She further commented that she does not believe the Village’s concern about setting a precedent is applicable.

Attorney Golden pointed out that the terms of the settlement specifically avoid the issue of ownership in hopes that the two parties can move forward towards a resolution. The issue of ownership has nothing to do with this offer and if the offer is accepted no precedent will be set.

Trustee Guinchard requested that moving forward Ms. Booth keep the lines of communication open and let them know how she felt about the proposal.
Ms. Booth agreed to do so.

Memorial Bench by Tuxedo Park Garden Club:
On behalf of the Tuxedo Park Garden Club, Nancy Hays requested permission to install a teak bench in the Tuxedo Triangle (located between Tuxedo and East Lake Roads) in memory of Kurt and Pam Graetzer, long-time Village residents who were killed in a freak accident this past June. The bench would be nestled beneath some of the trees already on the site and would be a visual reminder of a most engaging couple as well as an attractive addition to the Village property.
The Board voted unanimously in favor of approving this request.

Resolution – Delinquent Tax List to O.C. Finance:
The Board voted unanimously in favor of authorizing the Village Clerk to send the County Commissioner of finances the list of unpaid 2013/2014 Village taxes in the amount of $137,179.71 for levy onto the January 2014 Town and County tax bill.

Resolution – Exemption from O.C. Taxes on one water parcel:
The Board voted unanimously in favor of requesting tax exemption for a water parcel located on Mountain Farm Road.

Resolution – Award Garbage Contract:
The Village is in receipt of two bids for the garbage contract, one from Sterling Carting for $12, 995 a month and one from Superior Waste for $12,015 a month. A review of the low bid, Superior Waste, revealed that it did not include within its bid documentation that the materials collected for recycling would be taken to an appropriate recycling transfer station. The failure to supply this information renders its bid non responsive. In addition, and owing to the limited equipment and experience noted in the bid documentation, the Board authorized a responsibility hearing with Superior Waste, the result of which is that the Board concludes that Superior does not presently possesses sufficient experience to qualify as a responsible contractor for this specific type of residential, non-curbside garbage and recycling pick-up as required by the Village. Therefore, a motion was made, and unanimously adopted, to reject the low bid and accept the bid from Sterling Carting.

December Board of Trustees Meeting Date:
Following a brief discussion the Board voted unanimously in favor of moving their regularly scheduled December meeting from Tuesday December 24 to Monday, December 30 at 7pm.

Police Contracts:
The Board voted unanimously in favor of approving the police contracts as proposed for the period of June 1 2013 thru May 31 2016 in accordance with the memorandum of agreement. ‘

A motion granting part-time officers and gate guards annual percentage raises as outlined in the contract for of December 1, 2013 thru May 31, 2016 was also unanimously adopted.

Mayor Neuhauser Announces Village Offer of Settlement Regarding The Causeway Wall at Tuesday Night's Trustee Meeting

At Tuesday Night's Trustee Meeting, Mayor Neuhauser read a statement into the record on behalf of the Board, detailing the terms of a possible settlement with Cindy Booth regarding The Causeway Wall. Click HERE to read this statement.

1. Call to Order
2. Pledge of Allegiance
3. Mayor's Update
4. Police Update
5. DPW Update
6. Building Department Update
8. Public Comments
9. Committee Updates
10. Professor Ochsendorf Report
11 Memorial Bench by Tuxedo Park Garden Club
12. Resolution - Delinquent Tax List to O.C. Finance
13. Resolution - Exemption from O.C. Taxes on one water parcel
14. Resolution- Award Garbage Contract
15. December Board of Trustees Meeting Date
16. Police Contracts
17. Approve Minutes
18. Audit of Claims (Bills)
19. Adjournment

The Village Board of Trustees met on Tuesday, October 29 at 7pm. All members were present.

Mayor’s Update:
Mayor Neuhauser began by reporting that following last month’s meeting, she had contacted the expert from MIT referred by Sally Sonne, John Ochsendorf. with regard to the Causeway Wall, and had subsequently sent him the applicable reports and photographs, but was still awaiting his response. She will keep after him.

On another note, she expressed her gratitude to all those residents who have taken down dead trees on their properties in recent weeks. Commenting that removing dead trees makes a huge difference not only aesthetically, but also in terms of potential hazards, she stated that the Village would continue to remind residents about this issue and encourage them to take their dead trees down.

The Town Board has voted in favor of purchasing the property known as “Quarry Field,” located directly to the North of the Wee Wah along Route 17, stretching from Warwick Brick Road to the old Duck Cedar Inn. This is good news for the Village as it means there will not be a “residential build-out” on the property and therefore, the Wee Wah Dam will not need to be reclassified. The Town has indicated that they intend to use the property for recreation of some kind, possibly a pool and some hiking trails.

The property located directly across the street from the DPW building has been made available to residents and contractors alike for leaf dumping. It is open Monday thru Friday from 9am to 4pm and Saturdays from 9am to 3pm through November 23 (the weekend before Thanksgiving)

The Mayor will not have office hours for the next two weeks, however she stressed that she would be available by phone and e-mail and that any one wishing to meet with her should schedule an appointment through the Village Office.

Finally, The Board is thrilled to have enlisted the help of Tuxedo Chamber of Commerce President Bill Sweet in updating the Village Website. The intent is to populate the site with more information while making it easier for users to navigate and less complicated for the Village to update.

Police Update:
Chief Sanford reported the following for the month of September:
Non-Criminal Complaints – 50s
Traffic Summonses – 24
Fire Alarms – 4 (all false)
Intrusion Alarms – 6 (all false)
Medical Calls – 3s
The Village Police assisted the Town of Tuxedo Police 4 times.

Additionally, 10, 271 un-tagged vehicles entered the Village via the Front Gate.

With regard to the deer culling initiative, the Chief reported that he had been in touch with the DEC and the process was underway, although the actual culling will not take place until 2014.
Trustee Goodfellow wondered what the DEC’s attitude was toward issuing the tags as she had recently read an article that suggested there might be issues.

Chief Sanford responded that they are currently working to determine the number of tags needed and that he does not anticipate any trouble.

New Vehicle tags are being issued to residents and non-residents alike. The Village will forgive use of the old tags through the end of the year, but by January 1, all residents should update. It has been 6 years since vehicle tags were last updated and the Mayor joked that the Village seems to do a better job of keeping track of boats than it does of cars. Moving forward, updates will take place on a more regular basis. The process is easy and residents must simply stop at the gate or call 4741 to arrange pick up. If all vehicle information is the same, new tags can simply be affixed over the old ones. If the information has changed, there is a form that must be completed prior to issuance of the new tags. The Chief stressed that the new tags and more frequent updates would make things much easier for everyone involved.

DPW Update:
DPW Superintendent Jeff Voss was not present. Therefore, no update was given.

Building Department Update:
Click here to read a copy of the Building Department Report for the month of October.

Public Comments:
Rob Zgonena commented that at the Board’s September meeting he had inquired as to the status of Deputy Mayor du Pont, and specifically whether or not the Mayor felt that he was adequately able to perform his duties given the fact that he had recused himself from the single most important issue currently facing the Village, the Causeway Wall. He had suggested that perhaps the Mayor should give the responsibility of Deputy Mayor to somebody else. Mayor Neuhauser had said she would take this into consideration and Mr. Zgonena inquired as to the status and/or outcome of this process.

Mayor Neuhauser responded that Deputy Mayor du Pont had been out of the country but he was back in the Village now and would remain Deputy Mayor. He had been brought “into the loop” with regard to the Causeway Wall and had made the decision not to recuse himself any longer moving forward.

Mr. Zgonena stated that he found this to be “highly objectionable” and wondered how the Deputy Mayor’s former conflicts of interest could have possibly been removed.
The Mayor responded that she did not have a problem with it and that, when the situation was examined closely, for the most part everybody had a conflict of interest of some sort with this particular situation.

Mr. Zgonena commented that when he had been a Trustee and had been out of the country on business for an extended period of time, his liaison roles had been taken away from him and were not returned to him when he got back. He finds it objectionable that the Deputy Mayor was not replaced during the time that he was traveling.

Mayor Neuhauser replied that she did not see how Mr. Zgonena’s former experience had any baring on the current situation and she reiterated that she had no problems with Deputy Mayor du Pont remaining in his position. She then asked the other members of the Board whether or not they took issue with it.

Trustee Guinchard stated that she wanted it to go on record that she did have an issue with it and she felt that perhaps it should be brought before a Board of Ethics.

Trustee Goodfellow wondered whether or not all of this had been brought to the attention of the Village Attorney and Mayor Neuhauser informed her that Mr. Golden was aware of Deputy Mayor du Pont’s decision not to recuse himself moving forward and that he had not raised any objections.

Trustee Kilduff reminded the Board that when the Deputy Mayor had originally recused himself, Mr. Golden had informed them that this was not a necessary practice and that the choice to do so was his to make. Commenting that he believed Deputy Mayor du Pont had done the right thing at the time in terms of appearances (his wife was in the employ of Ms. Booth at the time) he reiterated that it had not been a required choice and therefore, there should be no legal or ethical issue with his decision not to recuse himself moving forward.
Peter Regna stated that he did not believe the Deputy Mayor had ever had a conflict and that he had always been strong member of the Board who voted his conscience and has shown his mettle by giving an extraordinary amount of time and effort to the Village. He believes that any decision Deputy Mayor du Pont should make deserves consideration.
Trustee Goodfellow agreed that the reason Deputy Mayor du Pont had originally recused himself had to do with appearances and that there was no legal reason why he could not vote on the issue.

Michele Lindsay asked for some clarification with regard to the last meeting, and specifically which engineering reports Mrs. Sonne had sent to John Ochsendorf for review. She commented that it had been her original understanding that he had received the reports from the Village Engineers, but she had since learned that it might have been the reports from Ms. Booth’s engineers that had been sent.

Mrs. Sonne stated that she had sent reports from both the Village Engineers and those retained by Ms. Booth.

Trustee Goodfellow wondered what the Mayor had sent to Mr. Ochsendorf and Mayor Neuhauser stated that she had sent everything she had, including both sets of engineering reports and countless photos.

Mrs. Lindsay inquired as to specifically which photos had been sent, commenting that roughly a month prior David McFadden had circulated an “obnoxious” e-mail containing pictures of the wall that had been taken last spring, however since that time a great deal of vegetation has begun to grow out of the various crevices and that this might be an important development to make note of in terms of the overall stability. She further wondered whether or not Mr.Ochsendorf would officially certify that the wall was ok/safe/stable and if not, then she believes that the Village should stay with their own Engineers.

Mayor Neuhauser responded that Mr. Ochsendorf had initially agreed to provide the Village with1/2 day of service, including review of the three engineering reports and various photos after which he would provide a report. The cost for these services is $10,000. Any further investigation/assessment from Mr. Ochsendorf will cost $20,000.

Mrs. Lindsay wondered if this was not a pointless exercise if Mr.Ochsendorf was not prepared to certify the wall.

The Mayor commented that while the Village had been willing to work with Mr. Ochsendorf, that her initial feeling was that it might be more fiscally responsible to invest the $20,000 in the actual repairs. That being said, nothing has been determined at this point and the Village is still awaiting the initial response from Mr.Ochsendorf.

Cindy Booth inquired as to whether or not Mayor Neuhauser had invited Mr. Ochsendorf to come to the Village and have a first hand look at the wall.

The Mayor responded that she had not and reiterated that the first step in the process was this initial report.

Ms. Booth wondered how the Village could expect Mr.Ochsendorf to make a logical assessment without visiting the site.

The mayor reiterated that she had been wary of investing $20,000 before receiving the initial report.

Ms. Booth countered that she understood that it was taxpayer money at hand and that the Village needed to be very careful and fiscally responsible in this regard, however she wondered how much money had been spent to date on Engineering and Legal fees. She further commented that Chris Hansen had publicly requested this information roughly 6 weeks ago, but had never received it.

The Mayor responded that she did not have the figures at hand, but could get them for Ms. Booth.

Ms. Booth again wanted to know how Mr. Ochsendorf could make a solid assessment without visiting the site.

Trustee Goodfellow interjected, stating that the Board was not distressed by their engineer’s fundamental assessment of her wall and that they were content to await a written assessment from Mr. Ochsendorf before proceeding.

Ms. Booth retorted that it was not “her wall” and requested for the record that the Board not refer to it that was as ownership had not yet been determined.

Trustee Goodfellow stated that she believed that there would have to be a VERY good reason for the Village to bring a third professional such as Mr. Ochsendorf and that she would need to see something substantial in his report in order to justify the expense.

Trustee Kilduff agreed and commented that Mr. Ochsendorf would not be a final arbiter, although he would be a contributor.

Mayor Neuhauser then called on Alan Yaskee, who she stated had been hard at work behind the scenes with a group residents as well as Village Engineers Westin and Sampson looking at more cost effective ways to remediate the situation.

Mr. Yaskee began by providing some background. Following the BOT’s September meeting, Mayor Neuhauser asked him to review the initial plans for the reconstruction of the wall as well as the RFP, but he had not been comfortable doing this alone, so he enlisted the help of Patrick Donaghy and Tom Salierno, both of whom have building backgrounds. The group held several meetings and has met with the engineers as well as Ms. Booth.

Ultimately, they believe that they can reduce the scope of the project and in so doing bring the costs down by 2/3. The hope is to have the road open to two-way traffic by wintertime, with the work to be completed in early spring. The Road will probably be closed to all traffic while the work is being done, which is one way of reducing the costs as keeping the road open would require daily clean-up, which would equate to roughly 2 hours.

Sally Sonne inquired as to whether the overall intent was still to bring the wall down in size and Mr. Yaskee responded that while he did not want to get into the details at that time, after meeting with the engineers and studying the plans it did appear as though he wall would need to be reduced as it is off kilter above the 3 foot mark.

Mrs. Sonne wondered if this plan was at all contingent on Mr. Ochsendorf’s assessment and both Mayor Neuhauser and Deputy Mayor du Pont replied that it might be, but at this point they had nothing from Mr. Ochsendorf to go on.

Mr. Yaskee commented that the wall would be replaced exactly as it had been built and that there would be no concrete back fill.

On another note entirely, Mrs. Lindsay inquired about the Town’s decision to purchase Quarry Field and whether or not such this decision would be put before the voters.

She then wondered if it were legal for the Town to make such a big land purchase without putting it to the voters and Trustee Kilduff explained that it was, in fact, legal.

Cindy Booth stated that she wanted to clarify some misinformation that had been reported from the September meeting of the Board. At that meeting, Village engineer Richard Messer had stated that there was nothing behind the wall but earth/dirt, however this is not true. When the Village excavated a portion of the wall, shot rock and large boulders were discovered behind it. Commenting that both Mayor Neuhauser and Village Engineer Carl Stone were present during the excavation, Ms. Booth stated that she has photos to back this up.

Committee Updates:
The Keep – Trustee Goodfellow reported that the proposal for The Keep project would be ready in time for the November meeting of the Board.

Strategic Planning – Trustee Goodfellow reported that “list takers” had been busy talking to residents and compiling a list of items/issues around the Village in need of repair/improvement for consideration by the BOT. Lists have been posted to the Village Website throughout the process. They are now ready to progress to the next step, which entails contacting individuals who serve on the various Village Boards, or who have served in the past as well those who have been involved with various Village projects for their input. They hope to have the list ready to present to the Board by December.

While on the subject of strategic planning, Cindy Booth inquired about vehicular traffic, specifically trucks and construction vehicles. Commenting that most other gated communities had a separate entrance for this type traffic, she stated that not only did it look terrible, but also it was a major inconvenience for residents, who often have to wait on line behind them to enter the Village. She wondered if the Village might consider opening the passageway at the North end of the Wee Wah near the sewage treatment plant for this purpose or, barring that, possibly redirect the traffic through the South Gate.

Mayor Neuhauser responded that the main issue with allowing trucks access via the Sewage Treatment Plant North is that the entrance on the Village side is quite narrow and it could be extremely difficult for them to maneuver/turn out onto the road.

She was informed that the Village does not own all of the land on either side of the entrance, which would make it difficult to expand.

With regard to redirecting the traffic through the South Gate, deputy Mayor du Pont suggested that this would entail hiring another full time officer, which would be a substantial expense for the Village.

Rob Zgonena commented that when he was a Trustee he had been privy to some significant negotiations between the owners of the former STERLING PLACE property (Quarry Field) and the Village whereby the land buffering the Sewage Treatment Plant would have been sold or deeded to the Village once certain permits were in place. He wondered if anyone had followed up on this in light of the fact that the Town has decided to purchase the property.

Mayor Neuhauser responded that she had put in a call for Supervisor Dolan earlier in the day and was waiting to hear back from him. She further commented that the lack of free space is an issue in the Village. This is certainly evident in terms of leaf disposal, which is an issue year in and year out. If the Village had more free space, they could easily turn the leaves into mulch, which in turn could be used throughout the Village, but sadly, there is no room for such an operation.

Michele Lindsay stated that in her view, allowing construction traffic access via the South Gate would be a very impractical. The Village does not own the lane on either side of the gate, so they would not be able to widen the roadways, which are extremely narrow and often times difficult for regular sized vehicles to navigate. Additionally, a booth would need to be constructed.

Mayor Neuhauser suggested that this issue be added to the Strategic Planning List and Trustee Goodfellow agreed, commenting that she would add it.

Paula Tocci inquired as to how one could add an issue to the list, commenting that there is a substantial issue with street flooding in her neighborhood.

Sally Sonne commented that there has been a sharp increase in the number of residents who have landscapers clear leaves away from wooded areas. While there are many potential reasons for why this is happening (aesthetics, fear of ticks and Lymes Disease) she cautioned that it is extremely unhealthy for the forest and wondered if the Village might encourage residents to allow leaves to remain in the wooded sections of their properties.
Trustee Goodfellow agreed with this, commenting that the understory within the Village forests has been completely ravished by the deer. The culling initiative is critical in bringing this to a halt, but she feels that a reforestation initiative is also extremely important in terms of re-establishing biodiversity in Village woods.

The Mayor agreed, and suggested that education would be a key first step in this process.
Trustee Goodfellow pointed out that invasive plants are also an issue, barberry in particular, which is abundant in the Village. Barberry may seem attractive to residents as the deer do not eat it and it is relatively inexpensive, however it serves as a breeding ground for ticks. The Village is planning to begin removing and cutting back barberry on its own property this winter. The issue of invasives ia a huge, long-term complex problem and she wondered if they might be able to bring in an expert to help educate them at some point over the winter.
Paula Tocci commented that BAR member Anne Gwathmey had compiled a list of invasives and that she would ask her to forward it along to the Board.

It was also suggested and agreed that the Garden Club should discuss the issue further.

New Business:
Garbage/Recycling Bid – The Village is in receipt of two bids, one from Sterling Carting and the other from Superior. The latter has the lower bid, but to date have not actually been in the Village. The Mayor has some concern over whether or not their trucks will be able to navigate the Village roadways and therefore, would like to meet with them before making a decision.

Halloween – Clubhouse Road will be closed off at either end for trick-or-treating on Halloween Night. Additionally, the Firehouse will be open for trick-or-treating fun beginning at 6pm. Trustee Kildiff encourage people to venture off “the beaten path” and visit the Pine Hill/Ridge Road triangle for trick-or-treating as well.

TPAG Event – 11/16/13 – The Board voted unanimously in favor of allowing TPAG to move forward with their upcoming event (jazz concert) at the Tuxedo Club. Although the event is open to the public, it will not be advertised to the public at large. The cost of the event is $75 per person, which includes cocktails, dinner and the show.

1. Call to Order
2. Pledge of Allegiance
3. Mayor's Update
4. Police Update
5. DPW Update
6. Building Department Update
8. Public Comments
9. Committee Updates
10. New Business
a. Garbage/Recycling Bid
b. Halloween
c. TP Tags
11 Old Business
12. Approve BOT Minutes
13. Audit of Claims
14. Adjournment

The Village Board of Trustees met on Tuesday September 24 at 7pm. Deputy Mayor Du Pont was absent.

With regard to the recent litigation that has been brought against the Village by Cindy Booth because of the situation with the Causeway Wall, Mayor Neuhauser reported that the Board had met with Village attorney Rick Golden and were prepared to move ahead. For the record, she stressed that the Village had had some negotiations with Ms. Booth and remained open to the idea of further negotiations.

From the audience, David McFadden inquired as to what litigation the Mayor was referring to, commenting that she had not clearly identified this and that not everybody in the room was necessarily familiar with the subject matter.

Mayor Neuhauser responded that she was referring to the Article 78, which had been brought against the Village.

Trustee Kilduff replied that there was only one such case involving the Village and that was Cindy Booth vs. The Village of Tuxedo Park, more commonly known as the Causeway Wall litigation.

Mayor Neuhauser continued on to say that residents would have a chance to express their views and opinions during the public comment period. She requested that everyone be mindful and respectful of one another while speaking.

Mayor Neuhauser reported that the DPW had spent 9 hours the previous evening repairing a water main break near the Chase Bank in town, and therefore, Superintendent Voss was not present.

Mayor Neuhauser introduced Ted Fink, who was asked to appear before the BOT by the Village Planning Board as a candidate for the position of Consulting Village Planner. Mr. Fink has been running his own company, Green Plan since 1991 and has 37 years of experience. He has served in multiple Orange County Communities including Warwick, Chester, Greenville, Monroe, Harriman and Washingtonville, as well as several other communities in Putnam, Duchess and Ulster Counties.

Planning Board Chair JoAnne Hanson could not be present, however the Mayor read a statement in which Ms. Hanson said that Mr. Fink was “an experienced, articulate planner who represents a variety of communities in the region and has been able to help each of those communities develop and maintain their own respective and individual identities. In other words, he develops solutions appropriate for the type of community that each one is and the goals of that community.”

She then called upon Mr. Fink, who gave a brief presentation outlining his credentials many years of experience, before opening the floor to questions from the Board. Of particular note was his experience with both the SEQRA process and grant writing.

Trustee Goodfellow commented that she felt it was great to have somebody with such extensive background and strengths in Orange County and that it would be very helpful for The Village to have somebody who has some notoriety in New York State and knows what the grantors are looking for when putting together applications.

Speaking from the Audience, David McFadden requested permission to ask some questions. Once permission has been granted, Mr. McFadden thanked Mr. Fink for coming in, commenting that he happened to be an architect by training himself. He then wanted to know, if Mr. Fink were to join the Planning Board, whether his fees would be passed on to the applicant (along with the legal fees that are already passed on) and how much that would cost. With regard to SEQRA, Mr. McFadden wondered why the Village would need Mr. Fink’s services, commenting that the Village would never be the lead agency for either the Tuxedo Reserve or Sterling Place developments, the latter, which is currently in transition. He pointed out that there is a “donut” or cushion of never-to-be- developed land around Tuxedo Park (as negotiated by Peter Regna and former Mayor Kent Kroeber) and that there were currently no other projects adjacent to the Village that might require them to become lead agency. In terms of internal development, Mr. McFadden stated that in 2006 he had hired current Village Attorney Rick Golden to work with the Village on bringing their SEQRA processes up to speed during the transition period that followed the splitting of the BAR and the Planning Board. He feels that the Village has an expertise in this area. Considering the costs, which had not yet been defined, he stated that he did not see a need for Mr. Fink’s services and wondered which projects specifically the Board intended for him to work on. He further stated that although there were a couple of grandfathered properties, the Village has only one zoning law, which is 4-acre residential zoning. He wondered what the Board’s purpose was in spending more money and again which specific projects would command somebody of Mr. Fink’s stellar qualifications.

Mayor Neuhauser responded that Mr. Fink had been brought in by the Planning Board and that she did not know the specifics.

Mr. McFadden then wanted to know how much it was going to cost and whether the Planning Board could give a presentation so that the public might have some input.

The Mayor responded that Ms. Hanson had been detained in California with a sick child, but that she would be more than happy to ask her to come in and present to the public.

Mr. McFadden retorted that if the Board were planning to approve the hire, they must know for what reason he was being brought in.

Trustee Goodfellow responded that it was her understanding that the Planning Board would utilize Mr. Fink for those projects, which they felt they needed some help with. She further stated that she would be reaching out to him for assistance with grant applications, as it is one of his areas of expertise and it was always helpful to have somebody who had experience working with the various agencies and getting money on board.

Mr. McFadden retorted, “So you feel that since we’ve won that case with the gate that it is safe now to seek grant money because I know that was a concern for many years.”

Trustee Goodfellow replied that there were some grants that would not be appropriate for the Village and would be problematic but there were others that were not, such as water studies.

Mr. McFadden wondered whether or not the Planning Board believed that Mr. Fink would be helpful with 4-acre residential zoning matters.

Trustee Goodfellow reiterated that Mr. Fink would be called in for projects where the Planning Board felt they needed his expertise.

Mr. McFadden then wanted to know whether or not there was enough money in the budget to hire Mr. Fink and if so, how much it would be.

Mr. Fink stated that there would be an hourly rate of $150 per hour for a senior planner and $105 per hour for a Jr. Planner.

Village Attorney Rick Golden responded that typically in the past the Planning Board had only utilized planners in relation to the larger subdivisions and that in recent history, the only one of these projects that had necessitated a planner was the Overton Subdivision. The fees had been passed on to the applicant.

While on the topic of grant writing, David McCartney wondered if there might be any grants available for a Village with regard to Village roadways and appurtenances such as walls.

Trustee Kilduff responded that the Board was not going to answer this question at the moment, but would circle back to it later.

Prior to accepting public comments, Trustee Kilduff provided a brief overview/summary of the situation with the failed Causeway wall as follows:

In March of 2013 a rock of some size fell out of the wall and it was large enough to prompt an inspection of the wall by the Village engineers. Upon inspecting the wall, the engineers determined that the wall had failed and had a zero factor of safety. The Village then solicited a second opinion from another engineering firm, and this was the same as the first. As a result, the decision was made to close the road in the interest of public safety. The Board then examined various documentation regarding the subject property and determined that the subject wall was the responsibility of the homeowner. A violation notice was issued stating that the wall was in disrepair and needed to be fixed, as it constituted a public safety issue. Pursuant to the Village Code, a hearing was then held at which the property owner, along with her lawyer, presented materials and made their case. After this (again pursuant to the Village Code and with the advice of Village Council) the Board determined that the wall was indeed the homeowner’s responsibility and she was directed to either repair the wall or bring it down to a safe height so that the road could be reopened. Following a period of time during which nothing was done, the Village held another hearing and ultimately directed the DPW to undertake the work. Upon the initiation of this work by the Village, the property owner went to court to secure a temporary retraining order and filed suit against the Village under Article 78, which asks the Court to make the Village stop their work and asserts that the Board had acted arbitrarily and capriciously in their decision process. There was then a hearing at which attorneys for both parties were present. Under normal circumstances, a temporary restraining order is either vacated which, in this case, would have allowed the Village to continue their work or a preliminary injunction is entered, which would have put a stop to the work until the case had been decided in court. However, the Judge asked for more information and decided to continue the temporary restraining order. There was then another hearing scheduled for October 8, with preliminary paperwork due by October 4, but the judge handling the case has since recused herself and a new judge has been assigned to the matter. The Village is now awaiting the new schedule for submission of paperwork and a possible hearing,

David McFadden began by commenting that he felt one of the biggest issues with residents with regard to this entire situation was the Village’s lack of communication.

Out of a survey of 100 residents, presented to the Board by Mr. McFadden back in August, nearly 100% indicated that there had been no communication at all. Trustee Kilduff’s recap had been very helpful for those who were present, however unfortunately, not everyone was present. Even more unfortunately, in his view, is the fact that the Village seems to have done away with the monthly Mayor’s Newsletter, which has long been a tradition in terms of communication with residents. Mr. McFadden believes that most people feel that after numerous attempts at communication via presentations, a survey of 100 people and numerous letters of complaint, it seems as though the Village has a developed a deaf ear. He suggested that 95% percent of the people would be happy if the Village simply communicated with them. He inquired as to why the Mayor’s monthly newsletter no longer goes out.

Mayor Neuhauser responded that to be perfectly honest she was never 100 percent sure what she could or could not divulge to the public.

In terms of Trustee Kilduff’s timeline, Mr. McFadden took issue with his description of the misplaced rock claiming that a better analogy of what had actually happened would be to compare the dislodged stone to a bathroom tile or a piece of veneer as it was a face stone and not structural part of the wall.

Trustee Kilduff commented that in this case, a face stone is hardly a veneer. The wall in question is a gravity wall and therefore every piece is integral.

Mr. McFadden argued that what supported his case was the fact that after 6 months, nothing had fallen.

Trustee Kilduff responded that he believed the Village was lucky to have been informed about the situation before somebody got hurt and that recently out in Minneapolis some 50 people had been killed when a bridge collapsed because nobody knew it was unstable.

Mr. McFadden responded that he understood the pressure that the Board faced and he believed that even engineers would be conservative in their assessments.

Trustee Kilduff countered that it was not pressure but rather an issue of public safety and that every life is important.

In terms of the Village’s choice to close the road for safety, Mr. McFadden pointed out that residents had not been asked for input but that perhaps erecting a fence and keeping the road open might have been a more viable option.

Trustee Kilduff informed him that the Board had been advised by their engineers that a fence would not work.

Mr. McFadden wondered whether or not the Village had contacted the County Department of Highways and Trustee Kilduff responded that he had consulted Village Engineers, who were experts, and that to the best of his knowledge the County did not have magical mesh fences that don’t exists elsewhere.

Mr. McFadden expressed dismay that the Village had not reached out to either the County or the state for advice and recommended that the Village seek this advice as well as that of other municipalities that might had encountered a similar situation.

Trustee Kilduff replied that he felt more comfortable obtaining advice from licensed engineers than he did from other elected officials.

Mr. McFadden stated he was sure that the Village Engineers did not want to lose their jobs.

Trustee Kilduff wondered then what Mr. McFadden believed the ulterior motive of the second engineering firm had been and Mr. McFadden suggested that this firm probably felt that they needed to be conservative in their findings. Again, he wondered why the Village had not reached out to the County considering the fact that everyone pays taxes there.

Trustee Kilduff reiterated that he felt more comfortable seeking advice that was both scientific and mathematical rather than based in conjecture.

Mr. McFadden then wanted to know why the Village had only recently decided to open half of the roadway rather than doing so six months prior.

Trustee Kilduff stated that the cost of opening the roadway was high and prohibitive and that he had not been assured that it would have been safe.

Mr. McFadden wondered if Engineers had recently changed their mind about the safety factor.

Trustee Kilduff replied that because it now appeared that the situation could potentially drag on for years, they felt the cost was worth undertaking, however they had not felt this way previously, when it appeared to them that they could send the DPW in to complete the work.

Mr. McFadden stated that he had seen the documents and that it was “obvious to everybody” that the Village owned the wall.

This was met by several guffaws from the audience after which Trustee Kilduff stated that it was not obvious to him.

Mr. McFadden asked Trustee Kilduff if the issue at hand had become personal for him and Trustee Kilduff responded “not at all.”

Mr. McFadden wanted to know whether or not the Board had voted to continue with the lawsuit.

Trustee Goodfellow pointed out the Village was responding to a lawsuit that had been brought against them, NOT pursuing one.

Mr. McFadden stated that the Village had already lost twice in court and Trustee Kilduff stated that this was not true.

Mr. McFadden stated that the Board needed to “throw in the towel” and get another opinion.

Again, Trustee Kilduff pointed out that the Temporary restraining order had been continued and that he was perfectly comfortable with the advice they had already received from two different engineers.

Mr. McFadden suggested that the Board was being headstrong and Trustee Kilduff disagreed, commenting that they were responding to the Article 78, which accuses them of having acting arbitrarily and capriciously, and that they had followed the Village Code and acted on the advice of their counsel throughout the entire process.

Mr. McFadden responded: “John, I plead with you. We are the Taxpayers. We elected you. Please seek a second opinion.”

“And we didn’t elect you.” Mary Graetzer commented and this was met with some murmurs of agreement, some cackles and little applause.

In closing, Mr. McFadden again asked the Board to procure a second opinion commenting that he felt they seemed unwilling to change their minds and were in fact behaving in both a defensive and annoyed manor.

Trustee Kilduff apologized if he seemed either defensive or annoyed and assured Mr. McFadden that he felt neither.

Trustee Guinchard commented that she wanted it on the record that she had begged for a second opinion and she felt it was necessary. She believes that there should be an interview process with attorneys as has been done in the past and she has asked for this, but is a minority voice.

Trustee Kilduff stated that the majority of the Board believes that the Village has a strong case and is in favor of continuing on.

Moving on Sally Sonne commented that she would also like to see the Village get a second opinion, but in a different area. The Village has the opinions of two very fine engineers but they are not in historic masonry structures. Many residents are just not satisfied with the findings. She expressed her dismay that the Village had not attempted to find a more specific kind of expert, but informed them that in looking around herself she had located somebody whom she believes to be “the perfect person” to provide an assessment on the wall. His name is John Ochsendorf. He is a Professor of Civil and Environmental Engineering and Architecture at M.I.T.. He conducts research on the mechanics and behavior of historical structures with a primary focus on the collapse of masonry structures. He and two other professors have founded a structural engineering consulting firm. This firm specializes in the technical evaluation of historic load bearing masonry. They have years of experience assessing a variety of structures ranging from typical retaining walls and tunnels to iconic bridges and buildings with complex 3D bolted geometry. Using advanced structural modeling they have the capability to assess stability and safety under seismic loading, sediment or modified loading due to reuse or renovation. They also have experience quantifying capacity and evaluating the risk of collapse after significant damage, cracking or deterioration. Their aim is to properly assess and preserve existing masonry structures. Mrs. Sonne has been in direct contact with this gentleman and has sent him photographs of the wall as well as the engineering reports and Mr. Diginero’s assessment. Mr. Ochsendorf believes that he can be helpful. Mrs. Sonne read aloud his e-mailed communication as follows:

I have looked over the photos and the report from Mr. Digenero. I agree with his summary. Rather than spending hundreds of thousands or millions of dollars to tear down a historical wall and rebuild a new wall with potentially shorter life span than the historical construction, it would be far preferable to invest a small amount of money into further studies. In the absence of sudden further movements, the presence of the lean in itself does not mean that the wall is unsafe. How much was it leaning 50 years ago for example? Cores should be taken to determine the thickness of the wall at various heights. Once the wall geometry is known, then the basic stability of the wall can be established. Monitoring could also be installed to alert authorities if the wall moves further. The Tower of Pisa had occasional measurements over centuries, which gave engineers the confidence that a 5-degree lean was safe while a 5.5-degree lean was unsafe. For background, I am a structural engineer specializing in historical masonry and I have served as consulting engineer on other masonry walls around the world. My PHD at Cambridge University in Structural Engineering was titled ‘Collapse Of Masonry Structures.’

Mrs. Sonne outwardly wondered who could be more perfect to help the Village assess the situation. She strongly encouraged the Board to follow up with Mr. Ochsendorf commenting that it could help in several ways. It is her hope that Mr. Ochsendorf will find that the Village can preserve the wall and in so doing, save a lot of money. If he should find that it is not ok, then those residents who have doubted this and will continue to doubt it forever will accept his findings and be satisfied. She presented the Board with copies of the information and they agreed to investigate further. This was met with a round of applause from the audience.

Trustee Kilduff registered his skepticism that Mr. Ochsendorf had registered his opinion based on pictures. He asked the Village engineer to briefly recapitulate for the residents what they had done to reach their conclusions.

Village Engineer Rich Messer, of Westin and Sampson, explained that a member of their firm specializing in the design and maintenance of gravity walls had come out and inspected the wall at which time he took a number of measurements, including the lean (which is more than 14 inches in its worst spot) and the thickness (one can actually see through the wall to the earth behind it in several spots.) Testing was also done behind the wall. All of this information was used to calculate the level of safety, which turned out to be 1 or less, meaning there is no way to predict when it will fail. They entire wall is not affected and there are certainly spots that are worse than others. Based on this information, a letter was written establishing the wall as being a factor safety of 1 and registering concern that there could be additional failure. The stone that fell out of the wall is part of the structure. This is a gravity wall and gravity walls are supported by the weight of the structure itself. Once it starts losing stones, the overall integrity of the structure is compromised. Westin and Sampson stands by their letter and a second engineering firm later came to the same conclusion.

Patrick Bourke inquired about the scale that had been used and specifically what number would be assigned to a wall that had an acceptable factor of safety.

Mr. Messer responded the factor of safety increases in decimals and is directly associated with the level of risk. For example, a bridge has a higher factor of safety. A wall that runs along a major roadway and could possibly fall on and injure a passer-by has to have a better factor of safety than 1, while other kinds of walls, like one located in somebody’s back yard for example, have a lesser factor of safety because if they were to collapse, the threat is relatively minor.

Mr. Bourke then wanted to know what number would be acceptable for the Causeway Wall and Mr. Messer responded that he did not know off the top of his head, although 1 is not acceptable.

Dee Gross asked Mr. Messer whether they had performed a 1-shot study or if the wall had been monitored over the course of a couple of weeks and/or months.

Mr. Messer responded that Westin and Sampson has been working as Village Engineers for several years and as such have driven past this wall on numerous occasions. Seeing the condition of the wall caused them to raise a red flag a number of years ago, however everything remained status quo until the stone fell out.

Mrs. Gross then wanted to know, from an engineering prospective, what changes had been observed in the wall over time.

Mr. Messer responded that they have not been officially monitoring the wall and that any observed changes had to do with the lean of the wall. He commented that walls are not constructed to lea out14 inches and this wall had certainly not been built that way.

Patrick Donaghy asked for some clarification that the stone that fell out did not represent a veneer and asked whether there was any structure behind the face-stones.

Mr. Messer replied that there was not and that the stones of the wall were the structure. The face-stones are not a veneer.

David McFadden stated that he wanted to defend his earlier comment and asked Mr. Messer to confirm that there was other structure to the wall behind the face-stones.

Mr. Messer replied that the engineers had dug down and that somewhere around the 2 or 3 foot level had discovered some other stone.

Mr. McFadden then wondered if the engineers had ever considered X-Raying the site to see what it was in 3 dimensions.

Mr. Messer responded that they had not, noting that they had been mindful of keeping the costs down for the Village.

Mr. McFadden stated that he was thinking that if the Village had paid for an X-Ray and distributed it to all of the engineers it would have been cost effective because they would have been amortizing the cost across several areas and then they would have had something from which to make an educated guess.

Both Mayor Neuhauser and Trustee Goodfellow attempted to ask Mr. McFadden if he would allow others in the audience to ask questions, however Mr. McFadden snapped, “our taxpayers pay his salary and I would like to ask him a question. Thank You.” He then bulldozed on to say “When people drive by that wall and they see that giant mound of earth, sometimes one has and illusion that this wall is holding back all that earth. But isn’t it true Sir, that there is probably an enormous amount of solid rock that might come up even just below the surface of that grass so that if the wall did fall into the road, one certainly wouldn’t see earth going?”

He further wondered if Mr. Messer could actually answer this question as he assumed there had not been any surveying done.

Mr. Messer responded that he could definitely answer the question because testing had been done behind the wall and there was no stone there. It is all earth in the location where the wall is leaning out the most. They have not testing behind the entirety of the wall because, once again, in an effort to keep costs down for the Village the amount of work that they did was limited to the affected area.

Alan Yassky commented that what he would like to see, after 6 or 7 months of road closure, was a definitive plan as to how the Village was planning to move forward. He acknowledged that there were two divisive questions to be answered, the first being who was fiscally responsible and the other being how does the wall get repaired and what is the best way to repair it. He inquired as to where the Village stood with the latter as a lot of time has gone by.

Trustee Kilduff responded that he had given a synopsis of the situation earlier in the meeting.

Mr. Yassky stated that he had heard the synopsis but didn’t feel it answered his questions. It would seem to him that by this point the Village should have cost numbers as well as a basic plan for moving ahead.

Trustee Kilduff responded that they did have these things and had been attempting to employ them when the Stop Work Order was issued. The plan had been to bring the wall down to a safe height so that they could safely open the Causeway to traffic.

Mr. Yassky responded that in his view, this was not a plan. He suggested that it was wrong to tear something down and let it sit there until they figured out how they were going to rebuild it and what the costs were.

Mr. Yassky commented that this should have been done in the first 6 weeks. He wanted to know what the anticipated cost for the repairs is and where is the plan for replacement.

Trustee Kilduff responded that an RFP had been put together and was available for review in the Village Office. The estimated cost for rebuilding is between $200,000 and $300,000.

Mr. Yassky wondered if the RFP had gone out yet and was informed that it had not.

He responded that he felt the Village was 4 months late in this action, commenting that if the Village were to win tomorrow in Court, residents would still have to wait until winter for the job to get underway.

Trustee Kilduff replied that this was not so and that if the Village were to win tomorrow in Court, the roadway would be opened and then the wall would be rebuilt.

Rob Zgonena commented that in the unforeseen circumstance where Mayor Neuhauser might be unable to perform her duties as Mayor, the duties would be passed along to Deputy Mayor. In this particular case the Deputy Mayor is an appointed (not elected) official who has recused himself from the single most important issue at hand. He wondered whether the Mayor felt that she should give the responsibility of Deputy Mayor to somebody else.

Mayor Neuhauser responded that she had thought about this herself and that she would absolutely consider it.

After introducing himself, Chris Hansen read a prepared statement into the record in which he proposed draft legislation, which he believes represents a solid compromise and could well bring the entire situation to a close. Click here and here to read Mr. Hansen’s remarks and to view the draft legislation as presented.

He made it clear that the proposed law was not a final proposal, but rather a framework for how the Village can determine and record once and for all which infrastructure is the Village’s responsibility and which is that of the homeowner. In the case of the Causeway Wall, he believes the issue is one of determining who has responsibility, which is both a matter of ownership (property lines) and purpose. In his view, no precedent is set if the Village maintains property for which it is responsible.

Francine Liza thanked Mayor Neuhauser and the Board for their thankless hard work commenting that she herself had served on the Town Board for many years and could, to a certain extent, therefore relate to the challenges they are facing. She went on to say that with the community of Tuxedo Park there were frequently “little subplots” and various personal agendas, but regardless of where people sit, she was able to feel the pain and upset in the room that evening. She urged the community to employ common sense. She suggested that the Board needed to do a better job at keeping communication with the residents, commenting that she had been asked on several occasions what was going on with the wall, but felt that she could never answer intelligently. Granted the issue is layered with many issues and is not simplistic, but she feels that the future of the Village is hinged on this and it is extremely important that everybody work together and communicate so that the community can move forward and remediate the issue in the most cost effective way possible.

On a housekeeping note, Rob Silvay commented that the way the roadway had been opened there were now two one-way exits, one being the Causeway and the other he titled “the escape route.” (presumably Fox Hill) He suggested that the Village make “the escape route” one-way in the other direction so that there would be a traffic loop, which he feels would alleviate some of the current congestion.

Mayor Neuhauser responded that she had posed this very idea to Chief Sanford and they were currently reviewing a number of options.

Mr. Silvay went on to say that he liked Mr. Hansen’s idea as proposed and suggested that perhaps there were other historic communities, such as Llewellyn Park, that had experienced similar issues and that the Board should do some research to determine if this was the case. Commenting that he was not sure what the specific standard was, he stated that he believed that Mr. Hansen was probably correct in that the Village is the responsible party for the wall, but again urged them to research the issue with other similar communities that make have experience with the same problem.

Mayor Neuhauser replied that she had reached out to Llewellyn Park the previous day and had not yet heard back. She acknowledged that there were some differences between this community and ours (it is older and in the State of NJ) but agreed that it was a good suggestion.

Patrick Donaghy commented that he felt that Chris Hansen suggestions were good and could well be the solution to the problem. He further stated that most Towns had consistent easements where by the municipality took control of the roadways with a certain buffer zone around them so that they can make necessary repairs without approval. He acknowledged that this was not always cut and dry and that the Village was faced with a challenging situation and suggested that Village should move forward and set a solid president as the current one was very unclear.

Michele Lindsay thanked the Mayor and Trustees for all of their hard work, commenting that they had been under extreme pressure and had clearly been trying their best with the tricky legal and engineering issues that were before them. She wondered whether or not the professor from Cambridge as brought forward by Sally Sonne might be able to view the reports from Village Engineers.

Environmental Advisement Committee: On behalf of the Environmental Advisement Committee, Trustee Goodfellow reported testing on the Lakes had come to a close for the season. Allied Biological has concluded their last round of tests and will be compiling all the data from the last 6 years of testing together into one presentation. After speaking with Chris Doyle from Allied, it has been determined that what would make the most sense is to plan for a giant lakes presentation in the month of January, to encompass not only Allied’s findings but also those of Watershed Assessment Associates, who will be finishing up with their testing later this week. Fingers are crossed that the Village can resume their participation in the New York State DEC C-SLAPS program as well. Fortunately, Mother Nature has cooperated and there was not a massive Cyano Bacteria bloom on Tuxedo Lake this past summer. There seems to be a fair amount of sediment in the lake this year, which makes it look a bit yucky, and the committee has not yet determined why this is. It could be related to severe storms or runoff from people’s properties, but either way, it is not good for the lake.

On another note there are some people who are interested in invasive non-native species (plants) that seem to be growing rampantly in the Village and they will be taking a look at these moving forward.

The Keep Committee: Trustee Goodfellow reported that Tom Salierno had been able to secure the assistance of Kevin Lyons, who came in and temporarily patched the roof. This however, does nothing to stop the leakage through the mortor joints. The RFP has been prepared and reviewed by Village Engineer Carl Stone and once it has been reviewed by Village Attorney Rick Golden, it will be ready to be sent out. What the committee would like to do is put out the RFP once it has been approved and go through the bidding process, but set a date for the work to begin in the spring time, as winter is not an optimum time for this sort of construction. It was agreed that the Board would vote to move forward in this manor at their next meeting in October. Trustee Goodfellow also reported that committee member Billy Mincey had been collecting historical information and photographs and that there would be a presentation about the historical significance of The Keep as the project progresses. Trustee Guichard has done a great job in securing the proper insurance as well.

Infrastructure Advisory Committee: Trustee Goodfellow reported that a “Strategic Planning” committee will be launched in the near future and that the current plan is to send a letter out to Residents (to be included with the water bills) explaining what the committee is and inviting people to come and meet with the list takers, who will be putting together a grand list of things that need to be looked at in the Village. At this point in time, the committee’s mandate is to compile to most comprehensive list of potential threats to the Village, which can then be analyzed and addressed.

Resolution – Change October BOT Meeting to October 29th @7pm – The Board voted unanimously in favor of moving the October BOT meeting to October 29th at 7pm.

Resolution – Award #2 Fuel Oil Bid – The Board voted unanimously in favor of awarding the #2 Fuel Oil Bid to Bottini Fuels of Wappinger Falls, NY at a fixed rate of 3.339 per gallon for a 6-month contract period.

Resolution – Advertise bid for Garbage/Recycling Contract with bid opening date of October 25 at 2pm – The Board voted unanimously in favor of authorizing the Village Clerk to advertise for garbage and recycling services for the Village with bid documents subject to review and approval by the Village Attorney and a bid opening date of October 25 at 2pm.

Resolution – Appoint Desiree Hickey as Part time office worker in the Village Office – The Board voted unanimously in favor of appointing Desiree Hickey as a part time employee in the Village Office as well as Recording Secretary for the Board of Architectural Review, The Planning Board and the Zoning Board of Appeals.

Tuxedo Historical Society Event (10/16/13) – The Tuxedo Historical Society will be giving a tour to a bus of 30 people from The University Club on October 16. They will see a presentation at the Historical Society and then tour St. Mary’s before heading to the Golf Club for lunch. This will necessitate travel through the back gate. The historical society has hosted events of this nature without incident in the past, however not for several years. There was a brief discussion about advertising the event in outside publications (namely the University Club Bulletin) and Attorney Rick Golden weighed in on the legal aspects. Following this, the Board voted unanimously in favor of allowing the event to move forward as planned.

Announce Fall Bulk Pickup – Saturday October 19 – Mayor Neuhauser announced that the annual Fall Bulk Pickup Day will occur on Saturday October 19.

Engineering Update – Village Engineer Rich Messer provided the Board with a brief update of ongoing engineering projects in the Village. Click here for an overview of this report.

There was a fair amount of discussion with regard to the WeeWah Dam project. Mr. Messer anticipates that once they begin moving forward with the construction, the project will take roughly 6-9 months to complete. The lake level will be lowered but they do not anticipate having to drain it. Because the optimal time to undergo this sort of work is during the spring and summer months, it is probable that a swimming season will be lost. There remain some issues to be worked out with the surrounding property owners before the project can move forward and this process will begin as soon as possible.

Village Planner (Ted Fink) – The Board voted unanimously in favor of appointing Ted Fink as a consulting Planner for the Village Planning Board on an as-needed basis at a rate of $150 per hour with fees to be transferred back to the individual applicants.

Tuxedo Club – Stocking the Lake with Fish – The Tuxedo Club has requested permission to stock Tuxedo Lake with 550 Brown and Rainbow Trout with a minimum of 14 inches in size. Following a very brief discussion, the Board voted unanimously in favor of approving this request subject to the Club’s receipt of a DEC permit and all other approvals from other government agencies as may be required.

1. Call to Order
2. Pledge of Allegiance
3. Mayor's Update
4. Police Update
5. DPW Update
6. Building Department Update
7. Village Planner (Ted Fink)
8. Public Comments
9. Committee Updates
10. New Business
a. Tuxedo Historical Society Event (10/16/13)
b. Announce Fall Bulk Pickup-Saturday, October 19th
c. Resolution - Change October BOT Meeting to October 29th @ 7:00 p.m.
d. Resolution - Award #2 Fuel Oil Bid
e. Resolution - Advertise bid for Garbage/Recycling Contract with bid opening date of October 25nd at 2:00 p.m.
f. Resolution-Appoint Desiree Hickey as part time office worker in the Village Office
11 Old Business
12. Approve BOT Minutes (8/27/13, 8/30/13, & 9/18/13 Fuel Oil Bid)
13. Audit of Claims
14. Adjournment

Order to show cause and Temporary Restraining Order, which reads in part “a temporary restraining order is hereby granted temporarily restraining the respondent from dismantling the wall known as the “Causeway Wall” in the Village of Tuxedo Park or from entering upon or in any way touching or damaging the Petitioner’s adjacent property, pending the hearing and determination of this application.”

The Village attorney will next appear before the Hon. Catherine Bartlett on September 5th in the County courthouse in Goshen.

The Village Board of Trustees held a special meeting on Friday, August 30 2013 at 9:30am. Deputy Mayor David du Pont was absent.

The Wall:
Mayor Neuhauser began the meeting by reminding everyone present to please be respectful of one another and to avoid raising their voices when speaking.
She went on to make the following motion:

Trustee Kilduff seconded this motion.
Trustee Guinchard commented that although she fully agreed with the Board with regard to opening the road, she also felt that they could better accomplish things with a more prompt and proactive negotiation with the homeowner.
Following these remarks, the Board voted 3-1 in favor of the motion with Trustee Guinchard voting against.

Trustee Kilduff seconded the motion.
There followed a brief discussion after which the Board voted 3-1 in favor of the motion with Trustee Goodfellow voting against.

The Mayor then made a third motion:
3.The Village will separately put out to bid and R.F.P .for the masonry facing construction of the wall concluding in full restoration of the Booth property and the wall.

Referring to documents before her, Trustee Guinchard asked for clarification as to whether this meant they would be doing Part B first and then bringing in Part C along-side with Part B before the public to discuss.

Mayor Neuhauser explained that the documents Trustee Guinchard was referring to were R.F.P.s, which would be put out with the BID. The two projects have been broken out separately, with the help of Westin and Sampson, because of the nature of the work, with one of the jobs being concrete based and the other masonry.

The Board then voted 3-1 in favor of the motion with Trustee Goodfellow voting against.

Next, the Mayor made a motion to authorize the DPWs purchase of a 2014 F150 pickup truck with plough. A similar motion was made and approved back in May, however the truck was removed from the NYS Bid list before the purchase could be made. The financing on this truck will be the same.

The Keep:
At their August 27 meeting the Board voted unanimously in favor of moving forward with the exploration of three different roofing options for the building known as “The Keep” conditional upon approval of Village Engineers. One of these options was a slate roof and part of the process was to include an evaluation of the structure of the roof to determine whether or not it could support the slate. The Village has subsequently received a note from the Engineer indicating that the cost of this evaluation will be an additional $3000. What they now must decide is whether or not to invest the additional $3000 or eliminate slate as an option altogether, leaving Cedar Shake as the only material option. The original roof was a cedar shake shingle roof.

Mayor Neuhauser commented that she feels that the money would be better spent towards the actual roof, especially since it has been determined that the original roof was shake. She suggested they eliminate the slate option.

Board of Architectural Review Chair Paola Tocci inquired as to whether or not the roof would be a split cedar shake and also whether the Village intended to put a new roof on The Lodge as well as The Keep.

The Mayor responded that they were not far along enough with the project to determine whether the roof would be split cedar shake or not and that yes, eventually they plan to put a new roof on the Lodge as well.

Public Comments:
Alan Yassky asked for a definition of the term cantilevered, which was used earlier to describe the type of retaining wall the Village is planning to construct, commenting that the word means “overhung” so he was confused about how that would work in this scenario.
Mayor Neuhauser responded that the term came from Village Engineers Westin and Sampson and she believes it has something to do with the stepping aspect at the base of the wall. She assured Mr. Yassky that the new wall would not hang over the roadway and suggested that the Engineers, who were not present, could provide the best answer to this question.

Representing Cindy Booth, Attorney David McCartney commented that the existing wall is not cantilevered. He wondered if what was being approved was a replacement of what is currently there or a change so that there will be a face up and then a step back and another face up…or hanging over the front.

The Mayor responded that the Village had received two proposals; one for a wall constructed completely of stone and the other to be constructed with rebar and concrete and then faced with the original stones (cap and face). The latter is what has been selected. She apologized for not having a representative from Westin and Sampson present to further address these questions, but promised to make available to the public everything the Village had in terms of both options.

Mr. McCartney suggested that the Village was going about things in an “entirely backwards” manor, considering the fact that they have had the options before them for a while and have already voted on how to proceed, but are only now making them available to the public. He further commented that Ms. Booth (and probably most of the residents present for that matter) would have liked to have had a better understanding of the plan. He expressed some confusion over what had changed since the Board’s meeting 3 days prior other than possibly the fact that he had mentioned that litigation would have to be filed. He wondered if because of this, there was now a rush to move things forward. He inquired as to whether or not there was a plan as to when the DPW would complete Step 1.

Mr. McCartney asked if they planned to move forward that afternoon and Mayor Neuhauser responded that if they could get it done that day, they would do so, but if it had to wait until Tuesday, it would be done then.

Mr. McCartney stated that in his view, keeping the plans behind closed doors and not allowing the Public a chance to provide feedback and then moving ahead at the last minute was not only inappropriate but also illegal. Proceeding in this way is contrary to the Village Code.

Trustee Kilduff responded that the Board had been advised by their counsel that everything had been done to the letter of the law, both in terms of the Village Code and New York State.

Trustee Guinchard stated that she wanted it to go on the record that she personally had some disagreements with the advice the Board had received from their attorney.

Mr. McCartney recounted that back in June, following the initial excavation, former Mayor Wilson sent an e-mail to Ms. Booth thanking her for allowing the excavation and informing her that the Village would be moving forward immediately by tearing the wall, after which they would determine how to proceed. In response to this, Mr. McCartney wrote a lengthy letter objecting to the procedure as presented and this was followed by a meeting where it was announced that rather than completing the project in two steps as originally put forth, the entire thing would be done as one continuous project…with tear down and rebuild occurring contiguously. The reason for this was that in order to comply with SEQRA the project must consist of a teardown and rebuild of exactly what currently exists.

Both Mayor Neuhauser and Trustee Kilduff responded that this issue had already been discussed and that they had been advised that the project was in compliance.

Mr. McCartney disagreed; stating that what had been proposed and approved this morning was a 2-step process, beginning with a teardown, to be followed by a bidding process at a later date.

Mayor Neuhauser interjected that the Village would be saving substantial funds by completing the teardown themselves. It would also allow them to open the roadway as soon as possible. She reiterated that her overriding concern was for the community at large, both the safety of that community and the fact that there has been a detour in place for 6 months putting everyone who drives the roads in danger. The Village has worked tirelessly with the Police to try and mitigate these circumstances to the best of their ability but at this point, the Board needs to make the decisions that are best for the entire community. She stressed that she did not mean to single out Ms. Booth, but that the location of the wall made this a community wide issue. The Causeway is a very heavily traveled roadway and is constantly under use not only by vehicles but pedestrians on foot and on bicycle and should there be an accident there the Village would be liable. The Village Engineers have advised the Board that the wall has a factor of Zero safety. While she understands that everyone has their own opinion and she respects each and every one, the opinions that the Board must listen to are those of the professionals. They have hired more than one engineering firm to look at the situation and they have all come to the same conclusion.

Mr. McCartney responded that putting aside the legalities, by moving forward with the project as earlier approved, what the Board was really doing was foreclosing on the possibility of proceeding with any of the alternatives that were proposed, which are not only much more cost effective than the one they are pursuing, but totally effective.

The Mayor responded that with all due respect, the Board had looked at every viable option. The wall cannot remain as it is. It must come down.

Mr. McCartney asked whether there was any documentation that had been given to the Board but not shared with the Public to back this assessment up.

Trustee Goodfellow responded that the fact of the matter was that the Board had voted and the decision had been made. In terms of the R.F.P.s that would be going out, she pointed out that these were only requests for proposals and not financial commitments. Mr. McCartney has made it very clear that he feels the Board is acting illegally and is in violation of the Village Code and also that his client has different engineering views. All of this has been duelly noted for the record, but what’s done is done and it is time to move on.

In response to Mr. McCartney’s comment about the project being contiguous, Sarah Cassis pointed out that following Tuesday’s meeting it was clear that the main thing that residents were pushing for was the opening of the Roadway and that not everyone was under the impression that both phases of the project would take place at the same time. In her view, what has been approved is the most expedient way to allow the public to use the road. She feels it is important to clarify for the record that not everyone believed that both phases of the project would take place simultaneously.

Sally Sonne wondered whether or not the Village was planning to inform Ms. Booth of the impending demolition.

The Mayor responded that the work would be done from the Village roadway.
Mrs. Sonne inquired whether this meant that the Village was assuming ownership of the wall and Mayor Neuhauser responded that they were not.

Mrs. Sonne responded that it didn’t seem quite right to her that the Village would dismantle a wall that they claim is not theirs without first informing its owner.

Trustee Kilduff responded that the Board had gone through the correct legal process over the course of the past couple of months and had directed that action be taken on the wall. This action was not taken so it is now within the Village’s purview and right to effect that action on its own initiative.

Mrs. Sonne stated that she understood this, but still found it a little strange that they would not inform Ms. Booth that it was being done and specifically when it would happen.

Alan Yassky wondered whether the Board was relying only on the advice of their attorney or if they had retained separate counsel.

Trustee Kilduff responded that they were relying solely on the advice of their own attorney, who has a great deal of experience in this area.

Trustee Guinchard stated that she had recommended that the Board retain a highway attorney to look at the situation and that she felt it was extremely important that the Village have the advice of this type of professional in addition to that of their own attorney.
Mr. Yassky commented that he found it perplexing that the Village had hired multiple engineering firms to provide a complete picture, but was relying on only one attorney for something that is clearly conceivably contentious.

Trustee Kilduff responded that Village Attorney Rick Golden had tremendous experience in this area and that what it comes down to is basic municipal property laws.

Mr. Yassky replied that Mr. McCartney seems to beg to differ with Mr. Golden’s interpretation of the law, which is an issue.

Rob Zgonena recalled that on Tuesday evening he had asked Mr. Golden how he was able to classify the project as a type 2 action under SEQRA, Mr. Golden had specifically referenced it being a historic repair. What the Board has voted on however, is something entirely different. They are now planning to demolish the historic structure and put out R.F.P.s for a new structure with a cosmetic facelift.

Mr. Zgonena alleged that Mr. Golden had admitted on the record in terms of another project that he had been systematically wrong in this area for years.

Mr. Zgonena suggested that Trustee Kilduff review the meeting minutes with Mr. Golden.
Trustee Guinchard requested that when referring to “The Board” that Trustee Kilduff clarify that what he was referring to was his own personal opinions as some of the Board members had different opinions.

Mr. Zgonena stated emphatically that the point that he was trying to make was that the project at hand was in fact a type 1 project under SEQRA and should not, in his view, have a Negative Declaration.

Mr. McCartney pointed out that hurricane season was approaching and suggested that because there would be a delay between the time that the wall comes down and the bid for reconstruction is awarded, there is potential for environmental hazard. He reiterated that the plans must be made public.

Speaking directly to Mr. McCartney, an unidentified audience member asked the attorney to clarify Ms. Booth’s position on the wall and exactly what she is proposing to do to rectify the situation.

Mr. McCartney responded that at the April hearing, an entire package, including a full narrative and exhibits, outlining Ms. Booth’s exact position was prepared and presented. In summary, Ms. Booth believes that she does not own the wall and that the Village does. That being said, she has listened and agreed to 2 separate plans, both put forward by the Village but subsequently withdrawn. She now has no choice but to move forward with litigation because the statue of limitations is 4 months from the date of the decision after the hearing, which is next Thursday.

The audience member expressed his dismay that the situation would simply “go round and round” and that it could ultimately drag on for over a year.

Mr. McCartney responded that he suspected that the threat of litigation was why the Board was rushing forward to demolish the wall and complete the project in two steps.

Ms. Booth’s position is that there are alternatives to demolishing the wall, however once it has been demolished this will become moot and the only issue at hand will be ownership.
Trustee Goodfellow pointed out, once again, that the decision had been made and Mayor Neuhauser agreed reiterating that it had been done in the best interest of the community.
The audience member responded that he lived in fear of school starting because the roadway along the detour was narrow and that he had almost been sideswiped on numerous occasions over the summer.

Chris Hansen suggested that the Board should take the risk and open the road.
Anne Gwathmey wondered whether or not the design had been finalized and if the public would be able to take a look once the R.F.P.s had been put out.

Mayor Neuhauser responded that she saw no reason why the public could not view the design. The BID document had been put together as two separate pieces due to the nature of the work involved. It is the Village’s intention to put the wall back up knowing that it is safe and true and sound for the safety of every person that drives on the road, meaning the resident community as well as guests and members of the Club. After 6 months, she feels it is time to get the roadway open. This is absolutely crucial.

Trustee Kilduff added that part of what caused the delay in moving forward was that the Board did take the time to carefully review every aspect of the project and consider all the alternatives, including concerns over the safety of the lake and the drinking water. There are a myriad of concerns and issues at hand and the Mayor in particular has taken a tremendous amount of time to consider all of them and the timing of these motions has nothing to do with the Statute of Limitations as suggested by Mr. McCartney.

Mr. McCartney wondered then why the Village seemed to be in such a rush to move forward.

Mayor Neuhauser responded that the rush had everything to do with the fact that School would be starting at TPS on Tuesday September 3.

Trustee Goodfellow commented that clearly there was a disagreement over ownership of the wall, but that the Board had voted to act on the decision they made back in May, which was to take down the wall and stabilize the area so that they could open the Causeway. The disagreement phase will have to be handled at a later date.

Mr. McCartney inquired whether it was the intention of the Village to assess the homeowner after the work had been completed.

The Mayor responded that she had no idea what would happen after the wall had been taken down and the roadway reopened.

Trustee Goodfellow reiterated that clearly the Village’s position was that they did not own the wall and that their attorney has concurred. However, the Village has been seriously impacted by the situation, which has now been reviewed by two sets of engineers.

Rob Zgonena stated that he was sure that Mr. Golden had prepared a brief with case law supporting this position and he wondered whether this was available for public viewing.
Trustee Kilduff responded that any advice that the Board received from counsel was under attorney/client privilege.

Chris Hansen inquired as to how long the project was expected to take after the wall had been torn down.

Mayor Neuhauser responded that from what they have been told, it would be very fast.

Mr. Hansen asked for clarification wondering if this meant a day or a week or a month and theMayor responded that she believed it meant a couple of days.

Mr. Hansen asked if engineers would then provide certification for the Village that post phase 1 of the project (demolition) that the roadway would be safe for pedestrians and traffic.
The answer was yes.

Trustee Kilduff responded that the project had been engineered so that there would not.

Rob Zgonena asked if the Board felt confident there would not be any risks to the reservoir or dangers from runoff or collapse and that the hydro seeding would be efficient.
Again, the answer was yes.

Zack Turner commented that as a resident who had recently moved back to the Village, he found it extremely frustrating that he had had no communication from the Village at all as to what was going on. He mentioned having inquired to no avail at the Front Gate and wondered, moving forward, how he was supposed to get information.

He was told that he should check the Village website frequently for updates and that he could also check the independently run website TPFYI which chronicles both Town and Village meetings. Additionally, he could sign up for CodeRED alerts (sign-up available on the website) and/or visit Mayor Neuhauser during her regular office hours on Thursday mornings.
Trustee Guinchard pointed out that basic contact information for each of the Trustees (e-mail addresses and phone numbers) were not currently posted to the website and she suggested that this be done.

Jean Marie Thompson stated that in her view the level communication from the Village had been less than acceptable. The CodeRED alert was nice, but more frequent updates should have been provided. She believes that the changeover in government provides for a “new beginning” and an opportunity to demonstrate more transparency and openness around these decisions. The third party website is a good source of information, but it is a 3rd party website. She feels that it is shameful that Village looks to this entity as a source of information.

Trustee Kilduff responded that it was more like a newspaper and an independent voice.

Rob Zgonena alleged that it was administered by Peter Regna and Trustee du Pont and had absolutely nothing to do with being independent.
Mrs. Thompson asked that the Board attempt to be more proactive with their communication, even if they have nothing to report.

Mayor Neuhauser agreed and accepted full responsibility for the lack of communication. She further stated that it has been difficult to determine exactly what she is allowed to make public and that in most instances things would be a lot simpler. That being said, she agrees and will do her best to improve.

Trustee Goodfellow agreed that communication needs to improve and that the criticism is legitimate, and has been noted. At the same time, the Mayor must be given time to find her feet. That being said, residents need to understand that the processes involved with facilitating the communication can difficult (i.e. the website, CodeRed etc)Alan Yassky stated that there are two separate issues at hand. The first is what the wall will look like once replaced and second is the legalities of the situation. In his view, the ownership issue is going to end up in court regardless of how things proceed. The Village cannot wait for the legal process to play out before opening the road. They must act now. He would like some assurance that the wall is going to look exactly as it does now once the project has been completed.

There followed some a period of disorganized discussion, with several people talking at once, after which somebody inquired as to when the next meeting would be and how they could expect to receive communication before then.

The Mayor responded that meetings were held on the 4th Tuesday of each month. Special Meetings are posted to the Village website. In the interim, residents can always call her. She pointed out that since becoming Mayor, she had received less than 10 phone calls and reiterated that she was usually available by phone and also had weekly office hours from 10-12 every Thursday. She is more than happy to speak to anyone about anything at any time. E-mails and surveys have been sent around, but because they do not include everyone, it is hard to get a handle on what is being said. Referencing a recent survey circulated by David Mcfadden as an example of this, the Mayor pointed out that the survey had not been sent to everyone in the community and that she, herself, as well as the majority of the Board had not received it, which she felt was unfortunate and somewhat counter productive. The end result of said survey was to underline a message that was already quite clear and that is that residents are extremely frustrated with the situation. She suggested that direct contact, rather than exclusive e-mail chains, would be a better method of communication. She implored concerned residents to pick up the phone and call her.
Zack Turner expressed dismay with this, suggesting that he should be able to call the Front Gate to obtain information, as this was how things worked when he was growing up.
The Mayor responded that Denise at the Front Gate was not always privy to all the information.

Greg VanSchaak expressed concern over the fact that Ms. Booth’s attorney would surely leave the meeting and obtain a restraining order, which would prevent the Village from moving forward with the demolition. Litigation will then ensue and who knows how long that will take. It could be 18 months or 2 years. He agrees with Trustee Guinchard in that more dialogue with the homeowner is what is needed. He wondered if there was a contingency plan in place. He feels the Village should sit down with the Homeowner.

Trustee Guinchard volunteered to sit down with Ms. Booth to discuss the issues at hand.
Mr. McCartney suggested that Ms. Booth had always been open to discussion, however the legal maneuvering by the Village has made several of the issues moot.

Thanking everyone for their time and opinions and stating once again that the village feels that the that the bottom line is that the roadway must be reopened as soon as possible, Mayor Neuhaser then adjourned the meeting.

The Board of Trustees met on Tuesday, August 27, 2013 at 7 pm. All members were present.

Because most people in the audience were there to hear either about the Causeway Wall issue or the Keep building project, Mayor Neuhauser decided to rearrange the agenda so as to address those issues first.

Keep Update:
The first item to be discussed was the reconstruction of the “Keep.” Committee Chair Susan Goodfellow explained that a couple of months ago, Mayor Neuhauser had alerted the Board that the Keep roof was leaking and that there was also a problem with the pointing. This project has been delegated to the Restoration and Engineering Committee. They asked Engineer Carl Stone to do a general review of the building and have just received his report. Committee Members include Trustee Mary Jo Guinchard, who has been very involved in building projects of her own, Billy Mincey, architect who has been involved with both the Train Station and Bus Stop projects, Dan Gladding, who has an engineering background as well as an MBA and has worked on projects at the Library and Train Station and Tom Salierno who has been involved in working with buildings for over 50 years and has been involved in restoration at the Library, the Train Station and St. Elizabeth’s Chapel. Mr. Salierno reported having looked at the building and cut some holes into it so as to determine what was going on. He was there during a rain storm and witnessed water coming in and running down the stone where it eventually goes through to the sheet rock. They have talked about doing a “quick fix” which would stop the water from coming in while they decide what else to do and Engineer Stone has recommended this approach as well. This “quick fix” would cost roughly $1500. Mr. Salierno feelsthat if The Village could get the entire project out to bid quickly enough, they might be able to skip the “quick fix” and thus save the money for the actual permanent solution. In addition to the roof and pointing of the stone work, the windows are leaking and should be replaced. Trustee Guinchard has contacted the insurance company and negotiated a settlement of close to $7000. The insurance adjustor has requested that the roof be protected as soon as possible because if there is any further damage, insurance will not be able to cover that.

Village Attorney Golden stated that he felt they had an obligation to do the “quick fix” in order to be in compliance with the insurance company.

A motion was made and passed unanimously to appropriate $1500 toward the preliminary repair on the roof of the Keep building. A motion was also made and passed to prepare an RFP for 3 different kinds of roofing on the Keep (two different kinds of cedar shake and one slate) . A third motion was made and unanimously passed to prepare an RFP for new windows.

Update on The Causeway Wall
The next topic of discussion was the Causeway Wall. Mayor Neuhauser started off by giving an overview of the situation. After the Village asked Ms. Booth to repair the wall and she declined to do so, the Board followed the process outlined in the Village Code. Ms. Booth was given a hearing after which the Village attempted to resolve the issue with Ms. Booth to no avail. The Village also tried to coordinate with Ms. Booth that the wall be restored and the issue of financial obligation be deferred until after restoration had taken place, but the Village has been refused access to her property. Following Village elections in late June, two new Board members were cycled in and they needed to be brought up to speed and they also had some ideas and suggestions, which the Board has considered.

The Mayor stated that the Board’s first and foremost objective is to open the Causeway as quickly and safely as possible. She is concerned because schools will open shortly and fall and winter weather are approaching. The BID document for the project is 187 pages long and several inches thick. Mayor Neuhauser stated that The Village has commissioned Village Engineers Westin and Sampson to design a project with several options that will dismantle the problem section of the wall, install the drainage to insure the long term integrity of the wall and allow the Causeway to be opened safely. They will determine at a later time which party will be responsible for paying for it. She reiterated that the Village’s main priority us to open the Causeway as quickly as possible.

Representing Cindy Booth, Attorney David McCartney took exception to the statement that the Village had been refused access to Ms. Booth’s property. He stated that Ms. Booth had allowed everybody onto the property in late May and again in early June when excavation was done behind the wall. It is Mr. McCartney’s contention that said excavation proved that the work the Village is now proposing is not necessary and that alternative solutions, which are well short of dismantling and reconstructing the wall, are possible.
Mayor Neuhauser agreed that this was so.

Mr. McCartney further stated that there had been several efforts made to settle the matter. Mayor Wilson made one offer through Bill Fairclough and the offer was later withdrawn after Cindy had agreed to it. Mr. McCartney also claimed that he had had a discussion directly with Village Attorney Golden about a proposal Mr. Golden had made. According to him, Ms. Booth agreed to this proposal as well but the Board would not agree to it.

Trustee Kilduff objected to tMr. McCartney’s statement about the Board rejecting an offer, which had been made by Mr. Golden. He turned to Mr. Golden, who was present, and asked for his version of the incident.

Mr. Golden stated that he had been asked by the Board to try to move things forward and so he had made a suggestion to Mr. McCartney but he made it very clear to him that he had not vetted any of it with the Board. Rather, what he had said to Mr. McCartney was that if Ms. Booth were to agree, then and only then, he could take it to the Board. As it turned out, between the time when he spoke with Mr. McCartney and when he spoke to the Board, the facts changed and the Board was not interested in his suggestion.

Paula Tocci asked if the RFP had been issued.
She was told it had not been.
She then wanted to know what the response time would be.
Mayor Neuhauser replied that it would be 10 days-2 weeks.

Robyn McFadden then read a letter on behalf of her husband David who was not able to attend the meeting. The letter included a petition, which, Mr. McFadden says was signed by 88 Village residents. The petition asks the Board to set a date for an immediate public hearing on the subject of the wall.

Mayor Neuhauser stated that she was aware that Mr. McFadden had circulated a petition, although she disagreed with the term “signed” as it was all done by email or via the internet. She went on to say that while she appreciated the fact that people had taken the trouble to participate in the survey as well as the fact that everyone had their own opinion on how the matter has been handled, the situation has been exceedingly difficult for the Village to effectively deal with because of so many gray areas in terms of ownership, etc. She wondered if they should go ahead and set a date for a public hearing.

Trustee Kilduff observed that the subject of the wall was on the agenda for tonight’s meeting but it seemed to him that a “public hearing” was happening at the moment during the public comment section of the Board meeting.
The Mayor agreed with this.

Trustee Guinchard, however, disagreed commenting that at a public hearing, people were alerted in advance, much more so than they had been for tonight’s meeting.

Another audience member pointed out that although BOT meetings are usually posted at the front gate, that was not the case tonight. Village Clerk Debbie Matthews explained that Gate Guard Denise Spalthoff, who is usually in charge of printing out and posting these notices, is on vacation.

Charlen Cathcart stated that at the time when the issue/construction of Ms. Booth’s driveway came in front of the Village), she had been the Chairman of the Zoning Board. She went on to say that at no time during the process did that Board ever think that Ms. Booth did not own the wall. She also pointed out that at the time when the driveway went in, they were required to have a mirror installed across the street and that the mirror has not been there for at least 2 years. Mrs. Cathcart feels that the problem of the wall is Ms. Booth’s and that Ms. Booth’s insurance company should be looking into it. She further wanted to know if Ms. Booth’s insurance company had been notified of the problem.

Mayor Neuhauser replied that she had spoken to the Village’s insurance agent but he had not been able to give her any information about this.

Attorney McCartney inserted that the Ms. Booth’s insurance would not cover the repairs because Ms. Booth does not own the wall. Also, he added, that insurance does not apply to matters that are slow moving and happening over time as is the case here. According to Mr. McCartney insurance only covers catastrophic accidents that happen all of a sudden.
At this point, Village Attorney Golden stated that the public comment portion of a meeting was for the Board to take comments from the public but it was not the proper forum for Mr. McCartney to argue his client’s case and he suggested the Board move on to another comment. Mr. McCartney had been given ample time at Ms. Booth’s hearing to present his views on the wall ownership.

Trustee Kilduff supported this opinion and further asked Attorney McCartney to refrain from expressing his view every time a resident spoke.

Sara Cassis spoke up and said she felt very awkward speaking with Mr. McCartney present. She likened it to a “discovery” period for a trial and said she was reluctant to express opinions or ask questions because she felt that Mr. McCartney might use anything that was said.

Sally Sonne stated that she had two comments to make. First, she said that she agreed with Mayor Neuhauser in that the first and most important thing to do was to open the Causeway. Now that the discussion had moved on to funding of the project, she wondered if anyone had done any investigation about grants for historic preservation projects.
Trustee Goodfellow replied that one of the issues with this was that since the Village does not view the wall as Village property, it would be up to Ms. Booth to explore whether or not any grant money might be available.

Mayor Neuhauser added that the Board had identified a grant writer who might be interested in this work, but it is expensive and would cost approximately $20,000. Trustee Guinchard has been exploring this option. She has also discovered that most of the federal money for grants of this type has dried up and most of what is available are private or state grants. Also, if grant monies are used, whatever is being restored must be opened up to the public and not enclosed within a gated community.

Mrs. Sonne’s second comment had to do with a recent emergency (a leaking propane tank) at the corner of West Lake Road and Turtle Point. Three fire trucks came into the Village and had to decide whether to go over Tower Hill or around the South end of the lake to make their approach. They chose the latter and Mrs. Sonne felt that this might have been even more dangerous because of the curves involved and the narrowness of West Lake Road. She stated she felt that the liability in situations such as this was much greater than simply opening the Causeway and letting cars and emergency vehicles go that way. She also said that if she had to call an ambulance, she hoped they would be able to come along the Causeway in order to get to her quicker.

Mayor Neuhauser responded that this had already been addressed and it had been decided that in cases where speed of getting to someone or something was an issue, emergency vehicles would be allowed along the Causeway.

Mrs. Sonne pointed out that this was no longer possible because now there is a police car permanently blocking the road.

The Mayor responded “and people are STILL driving along the Causeway!!” She said that practically from the onset, people had been walking and driving along the Causeway despite the restrictions and at least twice had picked up the barriers and moved them to the other side of the lake and deposited them in front of a resident’s house. She reiterated that the Board and the police are doing the best they can with the situation and stressed that she feels that the best solution is to get the Causeway open as soon as possible.

Anne Gwathmey stated that when fire trucks came into the Park, there was no way that they could fit on certain roads without being over the yellow middle line by at least 3 feet. She feels that there are trucks being allowed in which are over the weight limit.

Mrs. Gwathmey then asked if they couldn’t just open the road in one direction for one lane.
Trustee Kilduff responded that to do so would require a safety fence to hold back potential debris field and the estimated cost for that is $75,000.

Since it has thus been six months, which no one expected, he wondered if the Board could give any kind of estimate as to when it would be open.

The Mayor replied that realistically she could not. She added, “trust me, we are doing everything we can to do this as quickly as we can.” Mr. Cassis replied that no one would have guessed it would take this long when the road was first closed and whatever the Board did, they needed to take time into consideration and, in his opinion, it can’t be six years and it can’t be six more months.

Rob Zgonena stated that at Ms. Booth’s hearing, a statement from Mr. Golden opined that the project had a type 2 SEQR determination. Since Mr. Golden was not present at that hearing (his associate was) there was no explanation given for this determination. Mr. Zgonena wanted to know if the project was a Type 1 or a Type 2 and if it is a Type 2, exactly why is this so. And if it was so, would it be addressed in the RFP?

Mr. Golden responded that under the State Environmental Quality Review Act (SEQR) repair and maintenance was classified as a type 2 action requiring no further SEQR review. Addressing it in the RFP, he added, would be silly.

Marie Claude Wrenn Myers stated that she had asked her son, a civil engineer, to look at the situation and that he had asked if the Village had consulted a soil engineer to study both the soil itself and the shifting of the soil behind the wall? She also wondered if the Board
had looked into stabilizing the wall rather than tearing it down. The Mayor replied that she had been there when the excavation was done behind the wall and it had been very apparent to her, a layman, that the wall needed to come down.

David McCartney asked if the bid documents addressed the possibility of any alternatives to tearing down the wall such as he and Ms. Booth’s engineers had suggested during the hearing.

Sara Cassis suggested that the Village put detour signs in front of the police car used as a barricade. She continued that while residents understood why the car was there, guests did not and some guests had come in and thought there was some kind of police activity going on! Also, she mentioned that the gate gave directions to visitors but they aren’t being told about the detour when those directions are given.

The Mayor thanked her and said she would have the police and DPW take care of it right away.

Robert Myers asked if any action had been taken to determine legally who owns the wall.
He was told that it certainly had.

Mr. McCartney then stood back up and announced that the time for determining ownership was coming up. The Board made a determination, after a hearing in early May, that Ms. Booth owned the wall. There is a 4-month statute of limitations on this determination. If an agreement can’t be reached, the only way Ms. Booth can have the courts address the situation is to file an Article 78 lawsuit. Mr. McCartney stated that if something doesn’t get worked out in regard to ownership before Thursday, September 5th, Ms. Booth will have no choice but to file an Article 78 against the Village. He further said that if there was going to be discussion about doing the work on the wall now and fighting about ownership later, that “later” is now.

Charlen Cathcart commented that if it was determined that the Village does own the wall, they could close off Cindy’s driveway or take it away from her. On another note, she brought up the new speed bumps and suggested that for the ones that are being moved around, the ambulance corps as well as the fire department should be notified where the bumps were located at all times.

Trustee Guinchard made a motion that the Board set a date for a public hearing on the Causeway wall.

Mary Graetzer asked if this subject was appropriate for a public hearing. She added that she thought that public hearings were for new laws or zoning/code changes. As far as subjects such as the wall go, the Board has a public hearing every month, it’s called the public comments period of the regular Board of Trustees meeting. Robyn Mcfadden stated that she felt that this discussion was important and that tonight’s meeting had not even been noticed at the gate and that the agenda had not gone up on the website until just an hour or so before the meeting.

Mayor Neuhauser commented that she thought everyone knew that the Board held their meetings on the 4th Tuesday of each month and she apologized that it had not been posted this time. She further stated that the wall has been discussed at every meeting since the stone fell and that it will continue to be discussed at every monthly meeting until is the situation has been resolved.

Trustee Kilduff stated that in his opinion, tonight’s meeting had been a public hearing. He agreed that the public was welcome to comment on whatever they wanted at any meeting. He sees no need for a separate public hearing. Since there was no second for Trustee Guinchard’s motion, the motion failed.

Police Update:
Police Chief Ken Sanford reported the following for the month of July:
Non-Criminal complaints – 62
Accidents – 3
Traffic Summons issued – 26
Fire Alarms – 5
Intrusion Alarms – 2
General Alarms – 3
Medical Calls – 1
Assisted Town of Tuxedo Police – 6
Assisted by Town of Tuxedo Police – 4
Additionally, 10,466 untagged vehicles entered the Village via the Front Gate.

DPW Update:
Superintendent Voss reported business as usual. The Department has been filling potholes and cutting brush.

Mary Graetzer thanked Mr. Voss for having cut the brush around the lower curve on Pine Rd. thus making it possible to see around the curve.

Mayor Neuhauser reported having had a call from another resident expressing gratitude for the same thing.

The Superintendent reported that he has been searching for Tom Smith’s replacement to handle water and sewer operations. He has been speaking to someone who lives nearby and who is already certified but unfortunately that individual has turned the job down. Mr. Voss has also been speaking with John Bello, a Park resident and a plumber by trade who is interested in the job. It is his recommendation that the Board hire Mr. Bello. He would train under Tom Smith for the next 3 months and hopefully be certified within a year. A motion was made and passed unanimously to hire John Bello, subject to the usual background checks.

Building Department Update:
Click here to review a copy of the Building Department report.

Committee Updates:
On behalf of the Environmental Committee, Trustee and Committee Chair Susan Goodfellow reported that DPW Superintendent Voss has been keeping his eye on Tuxedo Lake and watching to see if it would have an algae bloom. Althought it looks like a bloom will not occur but in Trustee Goodfellow’s opinion, the lake still looks pretty crummy. She will be scheduling a meeting with Allied Biological to take a look at all the information that has been collected over the past 6 years. The weed pulling for the Eurasian Milfoil has been done. It looks as though there has been a gradual improvement although the pulling has been very challenging because the lake clarity is so poor. In September the team from Watershed Analysis will be here doing a “critter study” on Warwick Brook. To the naked eye, the water coming from the brook looks kind of gray and it has minute suspended solids in it. Trustee Kilduff has agreed to go through all the material from the Town to see what their testing has shown and he will report back any significant findings. The Committee will also be taking a look at the goose issue.

Additionally, Trustee Goodfellow reported that Mayor Neuhauser has agreed that the Board will begin to put together a strategic plan for the Village. In the past, the Village has taken a very reactive approach to its’ property and assets. In other words, when things are “broken,” they get fixed. But now a list will be created of everything that might need to be done and then the list will be prioritized and plans will be made. Trustee Kilduff will also be working on this..

The Mayor commented that there were a lot of things needing to be done in the Village and because The Board has been spending so much time on the wall issue, they haven’t been able to spend the time they should have on these other issues. This is yet another reason to try to resolve the wall issue as quickly as possible.

Deputy Mayor du Pont reported that he and Paul Gluck are looking through the Village code to determine which parts of it might need to be updated or revised. He hopes to have something specific for the Board to consider at the next meeting.

Old Business:
David Ford of 22 Lookout Stable Rd. appeared to ask for permission to install a septic system. He has no means of getting to the Village’s sewer hookup and he has been denied an easement by his neighbor.

Building Inspector Ledwith explained that this request is allowed under Village code if the homeowner can prove extreme hardship. Village Attorney Golden explained that the approval should be conditional upon the recommendation of the Engineer as to the kind of system being proposed and it’s final installation, as well as the approval of the Board of Health.

Village Engineer Carl Stone stated that he would need some additional information.
A motion was made that Mr. Ford could have an exception to the Village code to hook up to the Village sewer system subject to his coming up with a system that is acceptable to Engineer Carl Stone. Village Attorney Golden suggested they add that the cost of Mr. Stone’s services on this project should be borne by applicant Ford.

The Village’s heating oil contract has expired and needs to go out to bid again. A motion was made and passed to go out to bid for a new 6- month contract. . The bid opening will be September 18th at 2 pm.

Public Comments:
Audrey Perry stated that there is a house located at the corner of West Lake Rd and West Lake Drive and thatthe property has been grossly neglected and is very unsightly. No one knows who owns the property. The taxes are being paid and John has written the company who is paying them a letter to try to find out who the property owner is but so far, he hasn’t had a response. Village Attorney Golden suggested that he could do a property search in Goshen and then send a letter to that person. The Code will be checked to see if the Village can have the property cleaned up by a landscaper or the DPW with charges billed back to the owner. Mr. Golden will work with Mr. Ledwith to get this situation cleared up.

A special meeting of the Village Board of Trustees will be held on Friday, August 30, 2013 at 9:30 am at the Village Office.

1. Call to Order
2. Pledge of Allegiance
3. Mayor's Update
4. Police Update
5. DPW Update
6. Building Department Update
7. Committee Updates
8. Update on Causeway Wall
9. Public Comments
10. New Business
a. Electrical Savings
b. Code Revision Update
11. Old Business
a. Keep Update
12. Approve BOT Minutes (Reorg 7/23/13 and Reg 7/23/13)
13. Audit of Claims
14. Adjournment

The Village Board of Trustees met on July 23, 2013 at 7:20pm. All members were present.

Mayor’s Update:
Somebody has reported the existence of Bald Eagles nesting around Tuxedo Lake to the DEC, who in turn sent a letter to the Village advising them that while it is wonderful that the birds are here, they are protected and therefore the location of the nests should be kept as discrete as possible and disturbance in the area kept to a minimum. This includes forest maintenance and construction projects among other things. The Village is taking the letter seriously and will make every attempt to maintain the environment for these beautiful birds.
The DPW has completed paving on Tuxedo Road and it looks great! Mayor Neuhauser congratulated Superintendent Voss on a job well done. This was met with applause from the audience.

The Mayor and Police Chief recently attended a webinar training session for the CODE RED alert system. Mayor Neuhauser urged those residents who have not yet registered to receive emergency alerts to do so, commenting that the alerts can be sent to a variety of devices in different formats including landlines, cell phones and e-mail addresses. Since its incarnation, the alert system has proven to be a very effective method of keeping Residents informed in a myriad of situations from water main breaks to power outages and more.

Village Residents can register for CODE RED by visiting the Village website http://tuxedopark-ny.gov/ and clicking on the icon on right side of the page. Mayor Neuhauser further commented that she been updating the Village website regularly and plans to continue this practice moving forward with a weekly Mayoral Update among other things. She stressed the importance of direct communication between the Village and its residents and also stated that she would be holding office hours every Thursday morning from 10am-12pm.

Portable speed bumps have been installed on both Tower Hill and Club House Roads in an effort to slow drivers down and keep Village roads safer for everyone. The Mayor suggested that residents should get used to the bumps as they will be a part of life in the Village moving forward and will be moved around as needed.

Finally, the Village will be updating the server at the Police Station, where the computers are quite old and somewhat out of date.

Police Report:
Chief Sanford reported the following for the month of June:
Criminal Complaints – 1
Non-Criminal Complaints – 51
Property Damage Complaints - 2
Arrests – 1
Speeding Tickets Issued – 35 (20 of these along the Tower Hill Road Detour)
Intrusion Alarms – 5 (all false)
Fire Alarms – 3 (all Flalse)
Assists Given to The Town of Tuxedo Police –3

Additionally, 10,850 non-tagged vehicles entered the Village via the Front Gate.
The Police Department will be issuing new non-resident vehicle tags for all of its employees as well as people utilizing the Tuxedo Park School and The Tuxedo Club. The tags will be white with black lettering and must be updated no later than September 1.

DPW Report:
In addition to the paving on Tuxedo Road, Superintendent Voss reported that the DPW has been busy patching potholes and jack hammering up manhole covers for Engineers Westin and Sampson for their continued SSES work. He inquired as to how the Board felt about the white stop bars that had been painted in several areas around the Park, noting that there were some spots where, due to the nature of the roadway and the surrounding land, stop signs could not be placed exactly where they should be and were therefore sometimes not as visible as necessary.

It was unanimously agreed that the bars are a helpful measure. Trustee Kilduff commented that bars had recently been added to the 4-way intersection at Pine and Pine Hill Road and had, in his view, proven to be very effective in this neighborhood. He also noted that the word STOP had been stenciled on the ground there and wondered if this might not be helpful in other areas as well.

From the audience, Chris Hansen inquired as to whether the legal stopping point was the sign or the bar, noting that in some instances one might roll through the sign and stop at the bar.

Mayor Neuhauser pointed out that there have also been issues with overgrown bushes and shrubs blocking site lines along the roadways and in some cases scratching up vehicles as they drive past. She urged residents to look at their property lines where they meet the road and make sure that they are properly maintained. She further suggested that the Village should follow suit and clean up overgrowth at the intersections of Tower Hill and Circuit Road as well as at the top of Clubhouse and just outside the main gate.

Barbara Regna expressed concern over safety along the Tower Hill Road detour commenting that trucks in particular seem to be an issue and that she has witnessed many of them not only speeding but driving on the wrong side of the road. She wondered if the Board might put together a letter to be distributed to truck drivers and their employers regarding the need to use caution along this route.

Anne Gwathmey concurred and further suggested that drivers of larger trucks should be reminded that if they need to stop in the roadway for any reason, they should either use blinkers or orange cones to indicate that they are parked.

The Mayor agreed on both fronts and further stated that she would put together a letter for the truck drivers to be distributed at the Front Gate.

Building Department:
Click here to review a copy of the Building Department Report for the month of June.

Committee Updates:
On behalf of the Environmental Committee, Trustee Goodfellow reported that the past couple of months have been a busy time on all three Village lakes. The combination of a Copper Sulfate application in early June and the recent substantial rain, the levels of cyano bacteria in Tuxedo Lake have thankfully decreased. There is still some cause for concern with regard to the lack of water clarity however, with visibility limited to about 5 feet where it is normally 12 at this time of year. Allied Biological will be putting together a report based on all the lake data collected over the course of the last 6 years and the committee is hopeful that this will help to provide a better overall analysis of the situation. Once again, divers have been in the lake carefully removing Eurasian Water Milfoil and these efforts have been extended to the Wee Wah and Pond #3 this year as well. Overall, fewer plants have been noted this year and the hope is that at the end of next year, which will mark 3-years of aggressive pulling, the Village can revert to a maintenance plan moving forward. In the meantime, the committee feels that it is extremely valuable to have divers in the water keeping an eye on things and always on the look out for other invasive, which Trustee Goodfellow cautioned, are a very real concern.

Back in May, the BOT approved a proposal from Watershed Assessment Assoc for a “Critter Study” on Warwick Brook. The Village authorized a similar study last year in order to assess the possible impacts of leachate flowing from the Mulch Pile, down the Warwick Brook and into the Wee Wah.. The studies have shown that there seems to be some improvement. Trustee Goodfellow anticipates that this data will be compiled and presented to the Board sometime this coming fall for their review. She stressed the importance of keeping an eye on the situation at the Mulch Pile and suggested that it may eventually become necessary for the Village to take a stand if the site is not brought properly into compliance.

The Geese population appears to be back on the rise and Mrs. Goodfellow reported having counted 68 geese on the lake by the Tuxedo Dam while she was on the water with Allied Biological. Unfortunately, the geese contribute to the algae problem and therefore, the situation must be monitored and possibly addressed in the near future.

Public Comments:
Sally Sonne inquired about the Village website and particularly whether or not it would be possible for the Village to begin posting meeting minutes there. She said that in the past she has been encouraged to come to the Village Office to view minutes, but that this was not always convenient and that when she did make it into the office, she asked to pay a fee before she was allowed to have a copy of the minutes.

Mayor Neuhauser reiterated that she was actively working with somebody to get the village website up to speed. She acknowledged that the site was currently missing a lot of important information pertaining to all of the Boards and that remedying this situation was a big priority for her.

Rob Zgonena suggested that the Board pursue the outfit responsible for maintaining the previous Village site, commenting that it may not have been flashy, but it was easy to navigate and functioned quite well.

Mrs. Sonne then asked about the Causeway Wall and specifically whether or not the Board could provide an update and timeline for repair.

The Mayor responded that the Board was not prepared to provide an update that evening, but that they expected to receive engineering plans via the mail the next day, which they would need to review with Village Attorney Rick Golden. Once this has been done, the Board is planning to hold a special meeting, probably next week some time, the primary focus of which will be the Wall.

Mr. Zgonena pointed out that in several other communities where he involved, residents are able to sign-up for calendar updates on the municipal websites, whereby they elect to receive e-mails notifying them of Village meetings. He suggested that something like this might be more effective than simply posting a sign at the Front Gate.

This was followed by a brief discussion about whether or not CODERED could and/or should be used for something like this and it was unanimously agreed that it should not.

Barbata Regna suggested that the Board talk to Jake Matthews, who sits on the technology committee at the Tuxedo Park Library and has given some classes there, with regard to possibly adding this type of feature to the Village site.

Finally, the Mayor acknowledged JoAnn Matthews for her hard work in maintaining the flowers and rain garden at the Village Office.

Resolution – Create 2 Civil Service Positions for Part Time Police officers –

The Board voted unanimously in favor of creating two civil service positions for part time officers in the Village. This brings the total number of part time officers to 13.

Resolution – Discontinue lien searches –

The Board voted unanimously in favor of discontinuing some on-going lien searches.

Dogs -

Mayor Neuhauser reported that over the course of the last week the Police Department had dealt with 2 different dogs who were roaming about the Village without collars. Although the dogs were both returned to their owners, the Mayor urged dog owners to collar their dogs and to include name tags with phone numbers on them in order to make things easier for the police department should they go missing.

Change September Meeting Date – After a brief discussion, it was determined that the Board’s September meeting date would NOT be changed.

The Village Board of Trustees met on Tuesday, July 23, 2013 at 7pm for the annual reorganization meeting. All members were present.

Mayor Neuhauser began the meeting with a moment of silence for former Mayor and Village Trustee Neal Madera, who died on July 6.

After welcoming new Trustees Mary Jo Guinchard and Susan Goodfellow to the Board and formally recognizing all the Trustees and department heads for their hard work, the following list of Appointments and Practices were briefly reviewed and unanimously adopted.

Agendas for Board of Trustees Reorganization Meeting and Regular Monthly Meeting July 23, 2013

1. Call to Order
2. Pledge of Allegiance
3. Welcome New Trustees (previously sworn in)
4. Resolution - Appointments
5. Resolution- Employee Salaries
6. Resolution- Official Undertakings
7. Announce Board Meetings Days and Times per Open Meetings Law Requirement
8. Resolution- Schedule 2014 Reorganization Meeting
9. Resolution - Procurement Procedure
10. Resolution- Advance Approval of Claims
11. Resolution - Mileage Allowance
12. Resolution- Attendance at Schools and Conferences
13. Resolution - Designation of Depositories
14. Resolution- Village E-Mail Policy
15. Resolution - Village Voting Hours
16. Resolution- Rules of Procedure
17. Resolution - Trustee Roles and Projects
18. Resolution - Advisory Committee Trustee Liaison Roles
19. Adjournment

1. Call to Order
2. Pledge of Allegiance
3. Mayor's Update
4. Police Update
5. DPWUpdate
6. Building Department Update
7. Committee Updates
8. Public Comments
9. New Business
a. Resolution - Create 2 Civil Service Positions for Part Time Police Officer
b. Resolution - Discontinue lien searches
c. Dogs
d. New Vehicle Tags
e. Change September Meeting Date
10. Old Business
11. Approve BOT Minutes (5/28/13, 6/11/13, & 6/22/13)
12. Audit of Claims
13. Adjournment

The Village Board of Trustees met on Saturday, June 22, 2013 at 4pm. All members were present.

Mayoral Update:
Mayor Wilson began by explaining that the Board’s regular monthly meeting had been rescheduled for that afternoon as Trustee and Mayor elect Neuhauser would not have been present on June 25 and he felt it was important that everyone be there for their final meeting. He congratulated Trustee Elects Mary Jo Guinchard and Susan Goodfellow as well as Mayor Elect Neuhauser on their recent election.

He went on to provide a brief over-view of the last several years, which he reported, was brought on primarily by a recent phone call he had had with a new resident. The Mayor chose to give this particular resident a courtesy call as he had received complaints that the gentleman was riding his bike along the Causeway despite the road closure and he felt it was important to explain that the road had been closed because it was unsafe and that all residents need to obey the Village traffic laws even if they disagreed with them. Unfortunately, the call was met with a less than courteous response and Mayor Wilson was told in no uncertain terms that the wall would be his legacy. This remark got him thinking about some of the projects he had been working on over the past few years, first as Trustee and then as Mayor, as well as some of the major Village Issues that have recently been faced.

Commenting that anyone who has known him for more than a couple of months understands that the primary reason he chose to get involved with Village politics was Tuxedo Reserve, The Mayor cautioned that he believed it would be a mistake if the Village allowed the Town to bully them into believing that this issue was a Town issue and not a Village one. He believes that the Village must stand up for their municipal rights or else they might as well just become a Homeowners Association and fold the municipality into the Town. To this end, over the course of the last three to six months, the Village has begun sending their attorney to the Town meetings to represent the Village’s interest. He stated that he is hopeful that this is a trend that will continue, as he believes it is important for the Village to establish a legal basis in case they should decide to file an Article 78 down the line.

One of the biggest issues commonly discussed in relation to Tuxedo Reserve is storm water flooding and 3 to 5 years ago when Mayor Wilson first took office as a Trustee, it was clear that there were issues with flooding on Route 17 around the Village which left residents trapped during and after large storm events. Under the leadership of Mayor Stebbins, then Trustee Wilson pursued and established the Code Red Alert system in an effort to provide residents with up-to-date emergency information about road closures, power issues and other important events impacting the community. The system has been a success and was of great use during the two 11-day power outages following Hurricanes Sandy and Irene.

A lot of what the Board does is more mundane than emergencies, and Mayor Wilson commented that he was proud of the fact that during his first month as Mayor, the Board had been able to get a million dollars of bond financing approved to work on both the Wee Wah Dam and the East Village water main. These projects are both ongoing and on schedule and the Village hopes to receive DEC approval for both by the end of the year, which will allow them to begin construction a year from now.

Another recent success for the Village was the addition of a natural gas line, which runs through the front gate and services St. Mary’s. Moving forward, the hope is that the Village will figure out a way to bring the line up East Lake Road to the Water Plant and possibly to Club House and West Lake Roads as well. This would be extremely important for a number of reasons, but primarily for the owners of the larger homes, as it would dramatically reduce utility expenses and hopefully increase resale values, which in turn would bring in more tax revenue for the Village.

The Village has also been successful in the redesign of it’s website, which remains a work in progress. While the site is not yet where they want it to be, the Mayor believes it has been significantly improved and he commented that Mayor Elect Neuhauser has expressed an interest in talking with a couple of different firms about taking the site to the next level.

The Village has done quite well with its deer management program. Although the initiative initially suffered some setbacks due to weather, during Mayor Wilson’s first year in office, the Village was able to bring the herd down by 100 deer and then again by 39 deer this past year. While the cost of the program was rather high in it’s first couple of years, the Village was able to save a significant amount of money this past season by utilizing its own trained officers to cull the herd.

With the help of Trustee Elect Susan Goodfellow as well as Jim and Nancy Hays, the Village has instituted a lakes management program. This has proven to be essential for the Village specifically in terms of fighting Eurasian Water Milfoil as well as monitoring the Warwick Brook due to a multitude of concerns stemming from the Mulch Pile. Although the Village had been hopeful that the Mulch Pile would decrease in size over the course of the year, this has not happened. Therefore, Mayor Wilson stated that the Board would be discussing allocating more funding towards baseline testing, which will provide the Village with a crucial point of reference should the problem get any worse.

It’s very common in a small community such as the Village for residents to feel free to complain about the Police and the DPW and the Village Office, but having worked with all these people first hand, Mayor Wilson stated he believes that everyone employed by the Village is not only good at what they do, but is sincere, hardworking and willing to listen and adapt to new ideas. In his view, one cannot ask for more and he feels privileged to have worked with all these individuals both as Mayor and Trustee.

In closing, the Mayor thanked each of the current trustees, commenting that it had been an honor to work with each of them and he believed that they had accomplished many good things while also laying the groundwork for things to come.

Mayor Elect Update:
Mayor Elect Neuhauser thanked Mayor Wilson for his remarks and all that he had accomplished in his time as both Trustee and Mayor, commenting that there had certainly been some trying times. She further stated that although once she had it mastered she hoped she never had to use the Code Red Alert System, there had been many times when she had heard people commend the Mayor for the way in which he had handled the aftermath of both the Hurricanes and the October snow storm. Knowledge is power, and she believes that Mayor Wilson did a great job with not only keeping residents informed, but also bringing representatives from O & R in to explain their processes.

She then announced that it was her intent to appoint current Deputy Mayor du Pont to fill the Trustee spot she would be vacating when she took the oath as Mayor and that he would continue on as Deputy Mayor for the remainder of that term. She stated that although neither Trustee elect Guinchard nor Goodfellow were present, she looked forward to working with them both and she thanked Trustee Heywood for his years of service.

Trustee Heywood responded that he and his wife had only been living in Tuxedo Park for 13 years, but in his view one of the things that residents tended to overlook in recent years is the abundance natural hazards the Village has had to face. He further commented that he has never seen the Village as devastated as it has been by Super Storms over the past two years and that he feels that it was a truly remarkable achievement that the Village was able to basically return to normal within 10 days of Hurricane Sandy. He went on to say that although they had had some disagreements, he felt it had been a pleasure to work with the Board and he believed that through compromise and hard work they had successfully seen the Village through some trying times.
Mayor Elect Neuhauser agreed, commenting that she felt they should all be proud to have had Mayor Wilson’s leadership in biting off the Dam and dealing with both the East Village Waterline and the Causeway Wall. It’s not always easy to move forward with such big initiatives and she believes it is commendable that they have been able to accomplish what they have thus far.

Causeway Wall Update:
Mayor Elect Neuhauser reported that Village Engineers have started developing a “take down plan.” Staking and flagging is slated to begin on Tuesday. A detailed survey will be completed later in the week, which will allow them to focus on more detailed issues such as drainage, erosion and sediment controls with an eye towards keeping the reservoir safe. The plan is to take the down a section of the wall, complete the necessary repairs and immediately rebuild it, which should hopefully keep costs downs. The Village is hopeful that they will be able to open one lane of traffic during the rebuild phase of the project although, at this point, nothing is set in stone. Certainly, everyone involved is working very hard to complete the work quickly and safely and as reasonably as possible. Building Inspector John Ledwith will coordinate with all the necessary parties and firms in order to keep the project moving forward.

Trustee Heywood inquired as to what would be happening with the Club Fireworks and the Mayor Elect responded that they have been talking with the police and have discussed numerous solutions, but she felt that without too much difficulty people could be funneled around to the other side of the Lake (West Lake Road) for viewing. She further commented that she had viewed the display from that location numerous times and felt that it was actually a better view.

Mayor Wilson commented that he wanted discuss moving forward on bank financing for the wall and stated that he had contacted the municipal finance people who had helped the Village with their financing for the Dam and had been told that the dollar amount the Village was looking for was actually too small to justify the fees in going forward and that the best bet would be to contact a local bank. They then contacted CHASE with regard to a bond anticipation note and the pricing on a five-year note was around 2% to be adjusted annually. Ultimately they have chosen not to pursue this.
There followed a brief discussion with regard to bond anticipation notes and more specifically private placements, with Deputy Mayor du Pont stating that he believed there were several residents who would be interested. It was suggested and agreed that the Village should pursue both simultaneously.
Trustee Kilduff wondered about the issue of the wall’s ownership and specifically whether or not the Village would be looking to build potential legal costs into the amount borrowed.

Mayor responded that he anticipated that the Village would be looking to borrow $200-$250,000 which would cover the construction as well as any administrative or legal fees that they anticipate. These are, however, ballpark figures and they won’t really know until they get the engineering reports. Regardless of the ownership issue at this point, it is crucial that the work move forward so that the Village can re-open the road as soon as possible.

Wee Wah Beach Club:
Over the coarse of the past five years, the Wee Wah Beach Club has paid the Village $19,000 with the understanding that these funds would be used to both maintain and improve the property over time. It has recently become clear that the club’s raft has been damaged beyond repair, due mainly to the fact that the DPW borrowed it and used it to shore up some of the repair work being done on the dam. The cost of a new raft is $7,500. Of the $19,000 that the Beach Club has paid to the Village over the last five years, only $11, 475.15 has been spent to date. Therefore, the Deputy Mayor requested that the Board consider the $7,500 expenditure for the purpose of building a new raft, which will be used by the Beach Club but owned by the Village. This cost will cover the necessary materials, and the Beach Club will build the raft.

Trustee Heywood inquired as to whether or not there was room in the budget for this expenditure and the Deputy Mayor responded that there was. He further pointed out for the record that when putting together a budget, it was virtually impossible to anticipate what every area was going to cost with the exception of debt repayments with interest, which can be predicted to the penny.

The Board then voted unanimously in favor of allocating the $7,500 for construction of the raft.

Testing on Warwick Brook:
Trustee Elect Susan Goodfellow recently circulated an e-mail from Watershed Assessment Associates in which they are looking for $19,000 in order to continue invertebrate studies on Warwick Brook that were initiated following last year’s fishkill, when orange foam was observed flowing into the Wee Wah. The studies, which focus on the health of insects in and around the water, provide crucial information regarding the health the brook and the Mayor believes that it is crucial that they be continued in order to give the Village a reference point in case the situation gets worse in the future.

Following some minimal discussion about the future of the mulch pile and it’s effect on the Brook, the Board voted unanimously in favor of funding the studies at a cost not to exceed $25,000 in 2013 and $20,000 in 2014.

Other Business:
Mayor Elect Neuhauser implored residents to slow down when traveling on Village roads. She further commented that she has seen several incidents of people flying around corners and crossing over the double yellow lines. Now that it is summer time, there are more children on the roadways and it is more important than ever that people are aware this and slow down.

Mayor Wilson agreed, commenting that the Village Police had increased their presence along the detour route and had been handing out a lot of tickets.
Mayor Elect Neuhauser responded that she was grateful for this, but commented that the police could not be everywhere at once and that all everyone bears the responsibility of driving responsibly, especially now.

To this end, Trustee Kilduff thanked DPW Superintendent Jeff Voss, who recently installed 2 new Stop signs and 3 Children at Play signs in the Pine Hill/Ridge Road vicinity where there are roughly 15-20 kids at play during the summer months.

Mary Graetzer, a resident of Ridge Road seconded this sentiment, but suggested that the Police provide some presence initially in order to enforce the new signs.

Mayor Wilson wondered if there were any other areas with higher concentrations of children where they should consider putting in similar signage.

Trustee Kilduff responded that there could well be and suggested that when putting together their report, TPFYI urge residents who are in a similar situation to contact the Village so that they can look into possible additional signage in those areas.

The Board of Trustees held a Special Meeting on Tuesday, June 11, 2013 at 6 pm. Deputy Mayor David du Pont was absent.

Mayor Wilson opened the meeting by stating that its purpose was to discuss some motions currently under consideration by the Board with regard to the Causeway Wall, with the SEQUA process, specialized services and competitive bidding. He further stated that they would be discussing a meeting held that morning with Trustees Neuhauser and Heywood, Engineer Carl Stone, DPW Chief Jeff Voss, Police Chief Ken Sanford and Kristian and Jake Matthews of Legacy Stoneworks regarding plans to dismantle and rebuild the wall. Contrary to various erroneous emails that have been circulated throughout the community it is not the Board’s intention to demolish the wall. The Mayor expressed dismay at the amount of disinformation that has been circulated and stated that it was the Village’s intent to have the wall dismantled down to its’ original height of approximately 3 feet so that the necessary repair work could be done before rebuilding it as close as reasonably possible to it’s present height.

Trustee Neuhauser prefaced her remarks about the morning meeting by saying she had done some research about properties that are listed on the National Register of Historic Places and any restrictions or regulations, which might apply to the present situation. She read the following quote from the National Register Website, “a property owner can do whatever they want with their property as long as there are no Federal monies attached to the property.” She went on to disclose that she had been approached by Chiu Yin Hempel, who had offered her the name of an engineering firmspecializing in historic structures. The Board will be contacting that firm this week.

In describing that morning’s meeting, Trustee Neuhauser said it was apparent to all present that the Village needs to have a very clear disassembly and stabilization plan for the wall. Assuming that they can stabilize the earth behind the wall, she believes it might be best to take it down and have it go right back up again .The meeting was then turned over to Carl Stone of Weston and Sampson Engineering, who gave a brief presentation of his findings from the exploratory excavation the week prior..

According to Mr. Stone. the wall is clearly tipping forward. Although it wasn’t built that way, years and years of freeze/thaw cycles might have lead to this. The wall has been classified as “in failure.” It’s not tipping over….yet, but that doesn’t mean it isn’t going to!, A wall in this condition could fail dramatically and without warning.

Attorney David McCartney, representing property owner Cindy Booth stated that he felt , there was a big difference between a wall that was actively tipping and one that had moved—perhaps as much as 100 years ago—and then stopped.

Mayor Wilson responded by asking Mr. McCartney if he would consider a tipped wall, that is 14 inches off center to be safe.

Mr. McCartney replied that he absolutely would and that he based his opinion on a report from Booker Engineering (hired by Ms. Booth). Mr. McCartney then inquired whether or not the Board would consider monitoring the wall to ascertain if it was presently moving or not.
Mr. Stone agreed that this could be done, but he added that the problem with simply monitoring as a solution is that if the wall does move, it could set into motion a sudden failure and then someone could get hurt.

Mr. McCartney replied that one stone had popped out of the wall, the first one in 35 years and that this had set into motion a series of events that he believes has put everyone in a corner as everyone is being overly cautious and conservative. He feels there is no emergency because there is no evidence that the wall has moved recently. He suggested that the Board should not only monitor the wall but also examine what other alternatives there might be to dismantling and rebuilding the wall. He pointed out that dismantling and rebuilding was the most expensive of the possible remedies and suggested that “dollars and cents” was what concerned many of the people in the room,. Mayor Wilson replied, “safety first and then dollars and cents.”

Mr. McCartney proceeded to outline a procedure which he said had been suggested by Booker Engineering, involving laying concrete behind the wall to anchor it. Mayor Wilson stated that t 3 months into the situation, he still had not seen any viable plans presented for consideration.

Mr. McCartney retorted that Mrs. Booth had no intention of providing the Village with any plans since the Village has their own engineer.

Cindy Booth then brought up the fact that when the excavation was done, it had rained for 2 days prior and when they got down to the shot rock, it was completely dry. In her opinion, this proves that the drainage system is working just fine. Ms. Booth then detailed a test done during excavation where a water bottle was placed on top of the capstone and the excavator bucket was “slammed” into the shot rock. The bottle did not move.

Mary Jo Guinchard inquired as to what, if any, measures the Village had in place to contain all the soil thar would be exposed if the Village takes the Wall down..

Trustee Neuhauser replied that this had been a topic of discussion at that morning’s meeting and that everyone was greatly concerned about soil stabilization and also about the possible contamination of the lake by the soil.

Mayor Wilson interjected that the Village also needed to figure out how they would finance the work because Ms. Booth has disavowed ownership of the wall.

Rob Zgonena brought up a stone wall on Tower Hill Road, located on the Darby property which, he said, has already collapsed in two places. He wanted to know why the Village hadn’t closed Tower Hill Road to traffic?

Trustee Neuhauser replied that John Ledwith had sent a letter to the Darbys about the wall several weeks ago. In the meantime, she said, she had been watching the wall and noted that some stones had indeed come down but they had not gone any further than the gutter and Mr. Darby has notified Mr. Ledwith that he is in the process of getting someone to make the necessary repairs.

Mr. Zgonena then wanted to know why the causeway whad been closed because of one stone while Tower Hill Road was still open with a wall that has already failed in two places? He suggested that the Board should “either open the causeway or close Tower Hill Road and reroute traffic”

Anne Gwathmey wondered if the Village could simply post a sign saying “drive at your own risk,” and then reopen the roadway, but she was told that under New York State law, the Village cannot waive that liability.

Mr. Zgonena again wanted to know why Tower Hill Rd hadn’t been closed.
The Mayor explained that the situation on Tower Hill was ongoing and if the engineers advised them to do so, they would indeed close the road.

Mr. Zgonena further stated that he owned significant road frontage across Tower Hill Road from the collapsed wall and was concerned that the extra traffic on the road would produce vibrations that could make the wall fail further and thus adversely affect his property.

Mayor Wilson stated he would send the Village Engineer to look at the wall and determine if Tower Hill Road should be closed or not.

Anne Gwathmey wondered who would be deciding what would happen with the wall and when?

The Mayor replied he had been holding individual conversations with the Trustees and that they would be having a public discussion that evening However, he continued, someone will have to pay for the work and they will have to determine ultimate liability for the cost later. The Village will need to have engineering plans drawn up for the work, which they will probably get from both Westin & Sampson and O’Brien & Gered as well as the historic structures engineering firm. In order to pay those bills, the Village will need a bond anticipation note.

Mary Jo Guinchard suggested the Village should look into a grant to pay for the work. which she believes might be available because of the historic significance of the wall.

Mr. McCartney interjected that he had done some research and discovered that because of the Village’s listing on the National Register of Historic Places, they would be eligible for several grants.

The Mayor repeated that historically the Village had not applied for grants, but said they would look into every possibility.

David McCartney stated that he believed that in addition to SEQRA, the work required BAR approval under Village Code.

Mayor Wilson disagreed with this statement and commented that the Village Attorney also disagreed.

The Village Board of Trustees met on May 28, 2013 at 7pm. All members were present. As Mayor Wilson was roughly 20 minutes late in arriving, Deputy Mayor du Pont ran the first portion of the meeting.

Before beginning, a moment of silence was observed in honor of Sam Bornstein, who passed away earlier in the day. Sam was a longtime Village resident, who served both the Village and the Town for nearly 20 years, serving on both the Planning Board/Board of Architectural Review as well as the School Board.

Police Update:
Chief Sanford reported the following for the month of April:
Non-Criminal Complaints – 39
Property Damage Complaints – 4
Speeding Summonses Issued - 34
Medical Calls – 1
Fire Alarms – 3 (false)
Intrusion Alarms – 2 (false)
Assists Given to Town of Tuxedo Police – 4

Additionally, 9, 699 untagged vehicles entered the Village through the Front Gate.

In other news, the annual deer culling initiative was completed in April and was 100% successful with all issued tags being used.

DPW Update:
On behalf of the DPW, Superintendent Jeff Voss reported that the department continues to work on patching Village roadways. They were also able to repair several leaks in the waterlines over the past month, which has helped to cut down the necessary amount of pumping.

The DPW is in need of a new pickup truck, the purchase of which was accounted for in the 2013/2014 budget. Following a brief discussion with regard to the financing, the Board voted unanimously in favor of moving forward with the purchase at a 2013 Ford pickup at a cost of $32,926 to be paid through Bank of America over five years with an interest rate of 2.37%.(slightly under budget!)

Building Department Update:
Click here to review a copy of this month’s Building Department Report.

Environmental Advisory Committee - Representing the Environmental Committee, Susan Goodfellow reported that as per their decision at the May 6 Trustee’s meeting, Jeff Voss has worked together with Allied Biological in treating Tuxedo Lake with copper sulfate. Additional samples were taken both before and after the treatment and unfortunately, while the second sample did show a slight decrease in blue/green algae levels, the algae is still prevalent and there was no change in the murkiness of the water. The water clarity continues to deteriorate. Typically at this time of the year, one should be able to see down roughly 10 feet into the water, however currently only 3 feet of depth is visible. The recent rains provided no change. The reason for impacted clarity is uncertain and Mrs. Goodfellow cautioned that it is a cause for concern. Allied Biological will be taking a closer look at the situation and among other things will examine the possibility that there may be some underground contamination from the Mulch Pile. Streams and inlets do appear to be clear, but there are underground connections that must be considered. In the meantime, Superintendent Voss will keep a close eye on the water plant and will keep the Village informed of any change.

Trustee Heywood wondered if Allied would be able to clearly determine whether or not contamination was coming from the Mulch Pile.

Mrs. Goodfellow responded that she didn’t know but she suspected that Allied would present the Village with a full package outlining more than one potential cause.

Deputy Mayor du Pont commented that he had recently noted the existence of three separate beaver colonies along Warwick Brook and wondered if these might have an impact on the water flowing into the Wee Wah Lake.

Mrs. Goodfellow replied that it was not the existence of the colonies themselves that were an issue, but rather what might occur when they were broken up. She further commented that back in 2012, following the Fish Kill, the Board had approved a study of the “critters” living and growing in Warwick Brook and the results had shown that while these things were thriving at the bottom of the brook (where it meets with the Wee Wah), things were pretty dire upstream by the Mulch Pile. She believes that it will take many years for the wetlands to regenerate and the question remains, as to the potential impact that underground waters flowing from that area into Patterson Brook may have had on Tuxedo Lake. She suggested that as time goes on, the Village might consider asking the Town to help fund the ongoing studies.

Trustee Heywood inquired as to the quality of the water in the Wee Wah and specifically whether or not the water was safe for swimming.

Mrs. Goodfellow responded that the Board of Health was the entity responsible for determining this and that they had not been asked to evaluate any samples. That being said, she had asked Allied Biological whether they felt the current algae levels in the Wee Wah were a cause for concern with swimming and they had responded no. However this could change quickly with an increase in temperature, which would create ideal circumstances for a surface bloom, as it has in the past.

Planning Board – Planning Board chair JoAnn Hanson inquired about an invoicing issue that the Planning Board has been experiencing with consultants Barton & Loguidice, P.C as it pertains to their work on the Overton application. In brief, The Planning Board has not been satisfied with the quality of work from Barton & Loguidice and feel that they have been over-billed.

Board Attorney Rick Golden suggested that this was an issue that should really be discussed during the audit of claims, however he advised the Board that they take the Planning Boards recommendations under serious consideration when making a determination as to how to proceed.

This was followed by a brief discussion centering around how frequently the Planning Board utilized Barton & Loguidice’s services and whether terminating them would compromise the integrity of the project.

Mr. Golden informed the Board that the Planning Board had been minimizing their use of this firm and that the work was almost complete. What remains is an issue of payment. Mrs. Hanson has suggested that the Village pay a significant amount of the invoice, however the amount she is suggesting is still significantly less than what has been billed. The applicant (Overton) is in agreement with the Planning Board. Following some further discussion the Board voted unanimously in favor of following through with the Planning Board’s recommendations.

Mayor’s Update:
Mayor Wilson reported that an agreement of sorts had been reached between the Village and Cindy booth and that local landscaper Bill Fairclough had been slated to begin excavation behind the Causeway Wall that day, however he had unfortunately experienced a death in the family and was now going to be out of town until next week. Although Ms. Booth is well outside of the 10-day window for repairs allotted to her by the Board at the beginning of the month, the Mayor stated that the Board would like to work towards a compromise in this situation and that bringing the issue to court should be the absolute last resort. With this in mind, the Village has extended the 10-day window and work will begin once Mr. Fairclough has returned next week. Trustee Neuhauser and The Village Engineers will be involved with the process.

It has come to the Village’s attention that despite having their request denied at March’s Trustee meeting, certain Real Estate agents have gone ahead with filming homes that are on the market and subsequently broadcasting those films both on the internet and TV. Commenting that he was in agreement that the law should be reviewed and possibly amended, ,Mayor Wilson pointed out that having residents completely disregard the directive of the Trustees poses a serious problem. He asked Attorney Golden if he could review the law and advise the Board on how they should proceed both in terms of handling the specific situation at hand and amending the law moving forward.

Mr. Golden responded that he would do this, but before drafting a new local law he would need some directive from the Board as to the specifics of what they were looking for, specifically whether they were looking to regulate filming alone or both filming and photography.

There followed a discussion about code revision and the process there of. It was agreed that there are several areas of the current Village Code that should be looked at and possibly revised. The Board asked Mr. Golden to take a look at the sections regulating filming, storm water/runoff issues, tree removal and fencing as well as the enforcement mechanisms that regulate these and it was agreed that he would do so.

“Keep” Renovation :
As per last month’s Trustee’s meeting, Trustee Neuhauser has collected three bids for work on the “Keep,” which is the name given to the old Police Department building, located across the street from the current Police Department building. The building is in dire need of repointing and a new roof. The lowest of the three bids came in just shy of $50,000. Trustee Neuhauser commented that she was hopeful that the Board would sign-off on this proposal so that they could move forward with the work. The renovations should take about 2 weeks and will require no interruption in traffic flow into the Village. Once completed, the Garden Club has agreed to landscape around the building. The hope is that the project will be completed by the Fall..

Susan Goodfellow cautioned the Board that the installation and maintenance of a slate roof as proposed requires very specific skill sets and that they should be careful about who they hire to do the work. Having worked on committees that put similar roofs on both the Tuxedo Park Library and the Train Station, she discovered that there are a limited number of crafts people in this area who have the desirable amount of experience. She recommended that the Board confer with Dan Gladding, a slate maven who was involved with both aforementioned projects as well as Tom Salierno, who was present and agreed to have a look at the plans.

Public Comments:
Sally Sonne commented that she had been planning to inquire about the Causeway Wall, however Mayor Wilson had answered the majority of her questions during his update and she was glad to hear that they were planning to take a look behind the wall to see what it was that had allowed it stand for so long.

She further commented that with regard to filming in the Village, in her view the Board should do everything they can to help the Real Estate agents rather than restrict them. The Real Estate market in Tuxedo Park is behind the times and rather than forcing the agents to make films “behind the Village’s back” the Board should adopt a more supportive attitude.
Mayor Wilson responded that he agreed, which is why they were looking into amending the Code.

Trustee Kilduff commented that it was important to remember that the competing interest in this case was the fact that many people choose to live in the Park because they are seeking privacy and that some of these individuals might not want to see these films widely broadcasted.

Mrs. Sonne suggested that there should not be restrictions with regard to filming views, specifically of the lakes, as it is these views that might actually sell the community to prospective buyers.

Trustee Neuhauser agreed, but commented that some people living on the lake might not want their homes to be a part of these films. She suggested that there are methods of editing that might allow views of the lake to be captured without showing other people’s properties.

Finally, Mrs. Sonne commented that she had noticed that several large trees had fallen across a trail/carriage road that runs through the woods from the end of Brook Farm Road to Camp Comfort Road. She wondered if the DPW might not want to clear the trees and then the Village could make the wood available to specified “friends and family.”

Following some further discussion, it was agreed that John Ledwith and Jeff Voss would visit the site and take a look.

Trustee Kilduff reported having been contacted by a resident who was very concerned about the intersection of Lookout and Circuit Roads. According to this resident, there used to be 2 way traffic mirrors in this spot but they have been removed and in recent weeks 2 “near misses” were witnessed. After some minimal discussion, it was agreed that the John Ledwith would take a closer look and advise the Board.

Resolution – levy Unpaid Village Water Bills:
The Board voted unanimously in favor of levying unpaid Village Water bills in the amount of $17,583.19 onto the 2013 tax roll.

Deputy Mayor du Pont reported that while making repairs to the Wee Wah dam this past fall, the Village had utilized the Beach Club raft, which is actually owned by the Village, to shore up some of the work and in so doing had caused some damage to the cedar. Because the rafts’ edges are now jagged and could potentially splinter with ease, it can not safely be used by the Beach Club until repairs have been made. The estimated cost of replacing the cedar is between $2,200- and $2,300.

Additionally, there is a section of the wall running north of the diving board that is in need of repairs to include re-morotring and removal, replacement and re-bonding of stucco. The estimated cost of these repairs is $1,500.

With regard to the raft Trustee Neuhauser wondered whether or not rubber tubing could be installed around the edges for a more cost effective fix .

The Deputy Mayor suggested old fire hose, which is something that the Fire Department has on hand.

Representing the Beach Club, Tom Salierno responded that the issue would then become what to fasten the rubber to the raft with.

Trustee Heywood expressed some concern over the fact that the Village had decided to waive the Beach Club’s annual fee of $5,000, but were now considering investing funds in the property. In his view, it does not make sense for the Village to incur costs for the benefit of the Beach Club, which only services a select number of residents.

Mayor Wilson pointed out that the reason the annual fee had been removed was because the level of the lake had to be lowered in order to maintain the dam and that this had a profound effect on the quality of swimming at the Beach Club. Regardless of who utilizes the property during the summer months, it is Village owned property and therefore, the repairs and maintenance are, for the most part, the responsibility of the Village.

Following some further discussion, the Board voted unanimously in favor of allocating the necessary funds and Deputy Mayor du Pont agreed to work with Mr. Salierno to make sure it all happened.

Police Department – Most of the part-time officers in the Village work weekends, however there are often occasions when part-timers are needed during week for various reasons. Because many of the officers have other jobs and commitments, it is not convenient for them to work during the week and this has resulted in 1 or 2 of the officers working more hours than the others. This is problematic as the Village needs to be careful about the number of hours each part-time officer works and with this in mind, the department is looking to hire 3 new part time officers to help balance the schedule. All three candidates have been working in law enforcement for years and should bring a wealth of knowledge and experience with them to the Village. Their names are Clifford Adler, Timothy Mante and Joseph Holahan.

Following a brief discussion, the Board voted unanimously in favor of hiring all three men subject to drug and background testing.

Finally, Chief Sanford reported that Gate Guard Matthew Cosis has retired and he recommended that the Village hire Jake Ryan Conklin as his replacement. The Board was in agreement and voted unanimously in favor of doing so.

1 . Call to Order
2. Pledge of Allegiance
3. Mayor's Update
4. Police Update
5. DPW Update
6. Building Department Update
7. Committee Updates
8. Public Comments
9. "Keep" Renovation
10. Resolution- Levy Unpaid Village Water Bills
11. Resolution- Budget Transfers
12. Resolution - Purchase and Financing of DPW Pickup Truck
13. Audit of Claims
14. Adjournment

The Village Board of Trustees held a special meeting on Monday May 6 for the purpose of discussing the Causeway Wall. Trustee du Pont was absent.

Environmental Committee Update:
Before commencing the discussion regarding the wall, Environmental Committee Chair Susan Goodfellow gave a brief report. Tests performed on Tuxedo Lake last week have indicated higher concentrations of Cyano Bacteria (blue/green algae) than ever before at this time of year. Unfortunately, the algae appears to be growing at a greater density in Tuxedo Lake than in other lakes that have been tested in the surrounding area and Mrs. Goodfellow finds this to be cause for concern. She suggested that it would be appropriate for the Village to treat the lake with Copper Sulfate and requested permission to draw a second sample next week in order to determine whether there has been an increase in density.

Mayor Wilson granted permission for the testing and assured Mrs. Goodfellow that the Village would move forward with the appropriate copper sulfate treatment. He then inquired of Mrs. Goodfellow whether she had any idea what was causing the problem and specifically if it might have anything to do with the use of pesticides, the mulch pile or the recent increase in temperatures.

Mrs. Goodfellow responded that it was hard to say at this point, but it was worrisome regardless.

Mayor Wilson then asked Mrs. Goodfellow if there was truth in the rumor that she had decided to run for Village Trustee.

Mrs. Goodfellow replied that indeed she had decided to run and had been circulating petitions She further commented that in her view maintaining the health of the Village Lakes is extremely important and she believes that having a trustee who can oversee maintenance and ensure that it continues would be an invaluable thing for the Village.

The Mayor concurred and stated that the Village would not be where it was today were it not for the work of Mrs. Goodfellow and former Trustee Jim Hays, who had really served as both activists and thought leaders in this area.

Causeway Wall:
Mayor Wilson opened the Board’s discussion of the Causeway wall by providing a brief history of the situation. He also refuted accusations made by Ms. Booth and her attorney in their written submission, that he is no longer a resident of the Village. Although he and his wife sold his house on Pine Hill Road in April, they have been residing at 1 Brook Farm Road since that time and will continue to reside there for the remainder of his term.

Next, a draft resolution entitled “Decision Concerning Retaining Wall East Of And Along Tuxedo Road, And The Need And Responsibility For Corrective Measures” was read into the record section by section, with brief pauses between each to assess the Board’s sense of agreement.

In brief, the Board has determined that the wall does belong to Ms. Booth and that repairs will be her responsibility. They require that she make these repairs in two phases, the first pf which will consist of dismantling a 200 to 220 foot section of the wall and removing the necessary soil, which will allow the Village to reopen the roadway to traffic. This work must be completed within 10 days. Phase two consists of rebuilding the wall to its’ current height and installing the necessary drainage in order to ensure it’s long-term structural integrity. This must be completed within three months of the completion of Phase 1.

Click here to view a copy of the resolution and the accompanying letter, which was sent to Ms. Booth and her attorney following the meeting.

Following minimal discussion, the Board voted unanimously in favor of approving the resolution as presented.

The Village Board of Trustees held a special meeting on April 29 at 6:30pm for the purpose of conducting a hearing on the Causeway Wall as requested by homeowner Cindy Booth. All members were present.

As Ms. Booth was late arriving, the Board decided to attend to some other business prior to the hearing.

Resolution – Appoint Election Inspectors:
The Board voted unanimously in favor of appointing Election Inspectors Nils Gerling and Dorothy Schmitt at rates of $15 and $13.50 per hour respectively for the Village Election to take place on Tuesday June 18 from 7am-9pm in the Village office. Alternate Inspector Christine McNerney was also unanimously approved at a rate of $13.50 per hour.

Allied Biological Proposal – 2013 Professional Consulting Services/Lake Management Studies:

The Board voted unanimously in favor of approving the 2013 Professional Consulting Services/Lake Management Studies as presented at their April 23 meeting.

Mayor Wilson opened the hearing by providing a brief history of the situation as well as an overview of the Village’s position.

Representing Ms. Booth, Attorney David McCartney began by introducing himself along with Bill Fairclough and Engineer Ken DeGennaro to the Board. He went on to say that he was sure it would not come as any surprise to the Board that he disagreed with many of the things that the Mayor had said during his opening statement. He submitted a large packet of information, which he described as “a narrative summary outlining the basis for our opposition to the charges that had been levied, along with attached exhibits.” and requested confirmation from the Board that this was in fact an evidentiary hearing as permitted and required by law.

Board Attorney Kelly Naughton responded that the Board was willing to hear any evidence that they wished to present in order to determine whether or not Ms. Booth was the owner of the property in question.

Mr. McCartney again asked whether or not the proceedings were considered an “evidentiary hearing” and specifically if the Board intended to present any evidence, in the form of either documents or testimony, to support its position.

Ms. Naughton replied that the Board would not be submitting evidence or testimony at the hearing and that they had already determined that Ms. Booth owned the wall. It was in response to this determination that Ms. Booth had requested the hearing for the purpose of presenting evidence to the contrary.

Mr. McCartney stated for the record that he objected to this procedure. In his view, when a charge has been levied by a municipality against one of its residents in circumstances like these the proper procedure is that the municipality has the burden of coming forward with affirmative proof rather than prejudging the issue as it appears. Mr. McCartney commented that it had already been set forth that the Board had prejudged the issue prior to hearing the testimony, and he wanted the record to reflect his objection to this.
As he sees it, there are three main issues at hand:

With regard to the ownership of the wall, Mr. McCartney began by referencing 3 title reports completed and submitted by Village Attorney Rick Golden. He pointed out that the first title report to determine the walls’ ownership had been ordered on February 7, which was over a month before the stone fell out. Mr. McCartney wondered why the report had been commissioned in the first place. He alleged that it was because the idea of lowering the wall had already been predetermined by the Board

Secondly, he claimed that the report contained no evidence that Ms. Booth in fact owns the wall. The report dates back to the 1880s when the wall was constructed in connection with the original construction of the road. It was constructed by the TPA as part of the road and was owned by them. Because it was considered a part of the roadway, there is no reference to the wall in any deed.

The Village has framed their charges against Ms. Booth by suggesting that there is nothing in the title report to show that she does NOT own the wall, but Mr. McCartney believes this is backwards thinking. He believes the Village should bear the burden of proof by showing that Ms. Booth DOES own the wall, not the other way around. Therefore, in his view, because report provides no proof of ownership, it actually supports Ms. Booth’s position.
Next, Mr. McCartney challenged the property survey, as referenced earlier in Mayor Wilson’s opening remarks. He stated that he would be very interested to see any documentation that shows that the wall is actually on the property line because he doesn’t believe any such documentation exists. He then presented the Board with a copy of a topographical survey, which was completed in 1981 shortly after the Van Schaacks purchased the property and were planning to build a home there. The survey as presented depicted the topography and existing conditions on the property at that time and clearly noted the existence of several stone retaining walls in various places however, there is nothing depicted at the property line with East Lake Road. Mr. McCartney argued that if there were a retaining wall on that property line, the engineer surely would have noted it in his topographical survey, as there is a significant drop in height.

Mayor Wilson argued that the Village was in possession of another survey, prepared by the same engineer in 1983, that clearly notes the retaining wall on the property line.

Mr. McCartney objected to this stating that the 1983 survey to which Mayor Wilson was referring did not purport to locate the wall.

Mayor Wilson disagreed and pointed to the words Retaining Wall, which are written on the 1983 survey.

Mr. McCartney acknowledged this but argued the arrows simply pointed vaguely at or about the property line and that the wall itself was not visually depicted on the survey. Again, he argued that if there were a retaining wall there, it would have been depicted on the 1981 topographical map.

There followed a fairly short disagreement with the Mayor and Trustees asserting that the Engineer had clearly labeled the wall on the 1983 survey and Mr. McCartney countering that while he may have written the words retaining wall on the paperwork, the wall itself was not shown, which it would be if it were on Ms. Booth’s property.

Next, Mr. McCartney addressed the Village’s claim that work done on Ms. Booth’s driveway in 1990/1991 could be used as proof of the walls’ ownership, stating that he believed that this work actually proved the contrary. Following a brief history outlining why it had been necessary for the Van Schaaks to construct a new driveway Mr. McCartney presented the Board with a copy of an engineering report in which several different driveway options had been laid out along with visual depictions of each. On 4 of the 5 drawings, the wall is shown as being outside the property line. (The 5th drawing did not purport to depict the wall at all.) He went on to present a copy of the BAR approved site plan for the project, which also shows the wall outside the property line.

Mayor Wilson stated that he had a question for an engineer. He wondered if a wall was drawn on a property line whether or not an engineer would view that wall as being outside the property line or on the property line. He noted that clearly the two had been drawn together on the site plan and that there was no space separating the property line and the wall.

Mr. DeGennaro (Engineer for Ms. Booth) responded that the wall was clearly shown in front of the line, on the East Lake Road side.

The Mayor wondered why it wouldn’t be considered to be on the property line if they were shown as one line.

Moving on, Mr. McCartney turned to New York State Law as a method of proving that Ms. Booth does not own the wall. He stated that in 1953 the Municipality of the Village of Tuxedo Park had been created and at that time it accepted by dedication the roadways formerly owned by Tuxedo Park Associates. (TPA) New York State law requires that for a Village to accept dedication of the roadways, they must be two rods wide, which is equal to 33 feet, or 16 1/2 feet in each direction measured from the center of the road. East Lake Road is 20 feet wide at the subject location. There is a 2 to 2 1/2 foot gutter between the edge of the pavement and the foot of the wall and the wall itself is roughly 2 feet wide. Therefore, Mr. McCartney argued, by operation of law the wall is entirely on Village owned property. As per the dedication documents, the Village accepted not only the roadways but also all of its appurtenances.

Trustee Heywood inquired as to the meaning of the word appurtenances and Mr. McCartney responded, “wall.”

Village Attorney Kelly Naughton interjected that the term appurtenances was not defined this way and that it generally refers to things such as bridges, culverts and drainage swails. While the definition does not specifically include walls, it does not exclude them either.

Mr. McCartney argued that regardless, the law as it pertains to road width proves that the Village owns the wall.

Mayor Wilson questioned the validity of the law in 1953 when the roads were dedicated and Mr. McCartney responded that he was confident that the law had been in effect at that time, but that the Village was more than welcome to have their attorney investigate this. He then referenced New York State Highway Law section 2, which provides that a highway is deemed to include necessary sluices, drains, ditches, waterways, indictments and retaining walls. This law specifically applies to village roads.

Trustee Kilduff asked to see a copy of the 1953 NYS law as it pertained to the width of the roadway and Mr. McCartney stated that it should be within the packet he had presented them and he could not provide another copy off hand. He further suggested that if the Board was in doubt, they should speak with their council. He stated that he would never misrepresent the status of the law. He then asked Mr. DeGennaro whether or not he was aware of the requirements under NYS law with regard to the width of roadway to be accepted for dedication and if so whether he could tell the Board what the those requirements were.

Mr. DeGennaro stated that the law requires the roadway to be 2 rods wide (33ft for a Village) and that this is generally measured from the centerline of the road, unless there is another boundary description to dispute this.

Ms. Naughton concurred that there is State Law mandating the width of Village roads that is measured in rods but she did not have a copy of it in front of her so could not comfortably quote it. She went on to say that the law states what the width of the road is supposed to be. If the width of the road cannot be that because the Village doesn’t own it, it could either request an easement or an offer of dedication. If the road needs to go in that place and it is not 2 rods wide a Village will take the action that it needs to take.

Mayor Wilson suggested that if the Village in fact has ownership 16 and 1/2 feet from the center of the road, then they own several feet over Ms. Booth’s property line.

The Mayor then suggested that based on all this information East Lake Road does not meet the standard definition of a road under New York State Highway Law, so obviously there are some nuances.

Mr. McCartney argued that the roadway could not have been legally accepted unless it was the proper width. He then announced that he had found the section of New York State Village Code that mandated this and he provided the Board with the necessary section numbers. He went on to say that with regard to the wall’s ownership he believed that although the Village bears the burden of proof and has not come forward with anything of an evidentiary fashion or otherwise, that he had come forward with affirmative evidence that the Village does own the wall and Ms. Booth does not. In this respect he believes that the charges should be dismissed outright.

Moving on to the issue of whether or not the wall poses an imminent threat to the safety of the community, (and commenting that this topic would only need to be addressed if the Board decided against Ms. Booth and in favor of themselves) Mr. McCartney proposed that the wall in fact posed no imminent threat to the safety or welfare of Village residents.
Trustee Heywood interrupted, stating that he would like for Mr. McCartney to clarify that what he was suggesting was that the Village owns the wall and was at liberty to do with it as it wishes.

Mr. McCartney responded that this was correct in the absence of any damage to the adjoining property.

Mr. McCartney replied “change of grade” and went on to say that, hypothetically speaking, should the Village decide to accept ownership of the wall and decided to move forward with some type of project, it would not be able to come in and do any work that it wanted to the detriment of the adjoining property. If it were to do anything to decrease the value of that property, it would owe the damages that it caused to the property by its actions.

Mayor Wilson suggested, again hypothetically speaking, that under these circumstances a Village would be able to lower the wall to 3 feet and re-grade behind it.

Mr. McCartney disagreed with this, stating that if the Village were to re-grade and this in turn changed the property, it would decrease the value of the property.

As an aside, he stated that he was certain that an agreement could be reached to permit the Village to enter upon Ms. Booth’s property to perform the necessary work (construction easements and so forth) but this would be a matter that would have to be worked out with the Village Attorney.

Trustee Heywood suggested that should Mr. McCartney’s argument prevail, and it turns out that the Village does own the wall, then Ms. Booth and her former husband have encroached on Village property by grading it to the extent that they already have.

Mr. McCartney responded that there was no evidence that the Van Schaacks had done anything to grade the property.

Mayor Wilson wondered whether, if the Village owned the wall, it would be within its rights to close off the driveway.

Mr. McCartney responded that it would not, because the wall does not exist across the driveway.

Moving away from hypothetical situations, Mr. McCartney again submitted that the wall in its current condition poses no imminent threat to health, safety and welfare of the community.
Trustee Heywood pointed out that the Village has two independent engineers reports that state that it is danger of falling over.

Mr. McCartney responded that he disagreed with both interpretations and their conclusions. He believes that the conclusions are based upon faulty premises. The Westin and Sampson report says right on its face that it was based on a brief investigation and was preliminary.

Trustee Neuhauser interjected that she had been present during both investigations and that each time the engineers had spent at least an hour if not more at the site.

Mr. McCartney further suggested that the conclusions jumped to in both reports cast doubt upon the conclusions themselves. Both reports jump to the conclusion that the wall needs to be completely disassembled and then reassembled to its current height of the entire course of several hundred feet. This is neither reasonable nor feasible, yet both engineers jumped immediately to this conclusion. It is not logical and Mr. McCartney stated that Mr. DeGennaro would speak to this shortly.

There followed a brief dispute between Trustee Heywood and Mr. McCartney as to why one engineers’ report should be considered more believable or reasonable the others, with Mr. McCartney asserting that conclusions reached by the Village’s engineers were both based upon erroneous premises and that these engineers might not be fully informed as to all the facts.

When asked by Trustee Kilduff to expound on this, Mr. McCartney stated that it was common sense to suggest hypothetically that when professionals were engaged to give an opinion to a municipality they most certainly were going to be very defensive of the advise they gave, especially in this litigious day and age. It is human nature to be both defensive and conservative in an effort to avoid liability.

Trustee Heywood commented that one did not have to be an engineer to see that the wall was distorted and bent.

Trustee Heywood continued that regardless of how long it had been that way, one of these days it was going to fall down.

Mr. McCartney disagreed with this and suggested that the Board hear from Mr. Fairclough who was present to discuss the history of the wall.

Mr. Fairclough then introduced himself to the Board once again and stated that he had been working in the Village for 36 years and specifically with Ms. Booth for 31 years. The wall has been leaning for the entire time.

Mayor Wilson wondered whether Mr. Fairclough had noticed any mortar deterioration over the years due to the lack of seepage or drainage through the wall.

Mr. McCartney interjected that as he understood it the reason that the Board had declared the wall a danger to the public was not because of a problem with the mortar but rather the conclusion that it could completely fail at any minute because it had been moving slowly over time and was continuing to move.

Mayor Wilson responded that mortar deterioration would contribute to complete failure.

Mayor Wilson stated that the main purpose of mortar was to adhere stones together. Otherwise there would be a lot of soil and water pushing down on the wall and it would surely collapse, unless the stones had sufficient mortar joining them together.

Mr. McCartney responded that he would leave this kind of assessment to the engineers, but he reiterated that as he understood it the issue that had caused the Village to take such drastic measures and close the roadway down was not that one stone had come loose but rather it was because the Engineers saw that the wall had a lean to it and felt that there was a possibility that the whole wall would collapse and/or fail. He then asked Mr. Fairclough to confirm whether or not he had seen any evidence that the wall had moved in the last 30 years and Mr. Fairclough responded that he had not.

Mayor Wilson again asked Mr. Fairclough if he had noticed a change in the mortar and he responded that he did not really look at the mortar.

Trustee Heywood asked Mr. Fairclough if he had engineering background and Mr. Fairclough admitted that he did not, although he had a lot of experience working with other engineers and various professionals and he believed that the way they went about things was the correct way. There are many different types of walls constructed in many different ways within the Village. The face stone that fell out of this wall does not represent the integrity of the wall. It is constructed entirely differently behind the face stones.

Mr. Fairclough replied that it was because of everything that was behind the wall and the manor in which the rear portion of the wall had been constructed.

Mayor Wilson asked Ms. Booth whether or not she had done any mortar work on the wall over the years and she responded that she had not. To her knowledge, the only work that was ever done on the wall was completed at the Village’s direction during the driveway construction.

The Mayor then inquired as to whether or not Ms. Booth had paid Mr. Fairclough to repoint the face stone after it fell and she said she had not paid him, although Mr. Fairclough confirmed that he had done the work.

Ms. Booth further commented Mr. Fairclough had replaced the stone as a matter of courtesy to the Village and nobody had been billed for the work and Mr. Fairclough had never received a thank you for his efforts.

Trustee Heywood asked Ms. Booth how she reconciled what she was saying now vs. the numerous letters that had been sent to her from the Village (and are on file) going back 10 to 15 years with regard to repairing the wall.

Mr. McCartney stated that he believed this spoke to their position in that if the Village had accused Ms. Booth of neglecting the wall and she neither repaired it nor responded to the notices it only affirmed that she did not feel it was her responsibility to do so because she does not own the wall.

Trustee Heywood wondered why at this stage she was denying ownership when it there has apparently been implicit acceptance of ownership over many years.

Mr. McCartney disagreed with this statement and commented that this had nothing to do with the issue at hand.

Trustee Heywood wanted to know why Ms. Booth had not denied ownership of the wall years ago when she had first been sent notices.

Mr. McCartney responded that Building Inspector John Ledwith had issued Certificate of Occupancies clearing of any violations and apparently conceding the fact that the Village owned the wall. Regardless, none of this is evidence that can be used to levy possibly up to $100,000 or more onto a homeowner.

Ms. Booth’s Engineer Ken DeGennaro then provided a brief overview of his qualifications before outlining his investigation of the wall to date. In brief, his firm completed a visual inspection of the wall in late March/early April just after the face stone had been replaced. It was their opinion that the wall was in not in immediate danger of collapse or failure. They were looking for both shifting of the cap stone on top and large vertical cracks throughout the wall as well as any overall displacement. They reviewed the engineer reports from both O’Brien and Gere and Weston and Sampson and also noted the historical nature of the lean that is present on the wall, which is certainly a unique situation. They spoke with both Mr. Fairclough and Ms. Booth, who both confirmed that the wall has been in that condition for quite a long time. There has been no documentation to show increased movement of the wall.

Mayor Wilson wondered whether they had a baseline to compare to and Mr. DeGennaro responded that they were working from the records of various people as well as the engineers’ reports.

Mr. McCartney asked Mr. DeGennaro to explain to the Board the significance of the absence of any movement of the capstones or vertical cracks.

Mr. DeGennaro responded that the wall was a stone and mortar, gravity retaining wall, so it is the weight itself of that mass of stone and mortar that prevents it from sliding and/or overturning. The lean at the top certainly looks odd, however they took a close look at the capstones and believe that if the wall were rotating and overturning that these stones would have moved the furthest, but they do not appear to have moved at all. The mortar between the capstones was almost uniformly in place.

Trustee Heywood asked after the condition of the mortar and Mr. DeGennaro responded that it looked like a typical mortar wall given its age.

Trustee Neuhauser stated that there was very little mortar remaining in the wall and wondered if Mr. DeGennaro found this at all worrisome.

Mr. DeGennaro responded that he believed it was a wall in need of maintenance, which is typical given its age.

Mayor Wilson commented that the Villages experience with mortar in old walls such as this is that over time it basically turns into chalk and so when they pay professionals to rebuild walls or dams they use a very different type of mortar than what was used 100 years ago.

Mr. McCartney asked Mr. DeGennaro whether the absence or mortar had any significance in terms of whether or not the wall was in imminent danger of collapse or poses a danger to the health, safety or welfare of the community.

Mayor Wilson wondered if Mr. DeGennaro was suggesting the mortar was not necessary at all to keep the wall standing.

Mr. DeGennaro responded that he was not suggesting this and that the mortar helped to provide friction between the stones and bring the wall together as one continuous mass. The mortar on the face of this wall is chipped. There is vegetation growing in the joints. Historical mortar was softer and had less compressive strength.

Trustee Kilduff asked Mr. DeGennaro whether he felt the face stones were material to the integrity of the wall.

He responded that everything contributes in some respect to the integrity of the wall and it adds weight and mass. A gravity retaining wall needs the mass. A gravity retaining wall does not have a footing like a concrete wall does. While a concrete wall has a large footing with steel running through it at the bottom and tying to the foundation on top helping to pin it in place, a gravity wall depends on the weight and the mass of the material it is constructed from to resist the overturning moments from the soil behind it.

Mayor Wilson commented that in his experience, when somebody built a wall, they typically built it straight up and not with a lean. If there has been no movement, he wondered how Mr. Degenero accounted for the lean on this wall. Certainly he did not believe the wall had been built that way.

Mr. DeGennaro responded that it was hard to know how the wall had been built originally.

Mr. McCartney commented that the wall had been built in the 1800s and anything was possible.

The Mayor quipped that it was not believable that the wall had been built with a lean deliberately.

Mr. McCartney wondered why then, if the wall had been moving over the years, there was no evidence of cracking or changes to the capstones or the mortar holding them together. He suggested that whatever happened had happened a long time ago and then stopped.
Mayor Wilson asked Mr. DeGennaro whether he had had an opportunity to walk behind the wall on Ms. Booth’s property and specifically if he had noticed the compression of dirt that occurs right at the base of the wall.

Mr. DeGennaro suggested that it could be ground water seeping behind that is part of the system that is in place behind the wall to alleviate the hydrostatic pressure and it might have carried some of the soil away as the ground water left the system and caused a sinkhole. It could have been vegetation that decayed over time and caused a sinkhole.

The Mayor wondered whether a sinkhole could contribute to the failure of a wall.

Mr. DeGennaro responded that a sinkhole behind the wall could have indirect impacts, for example, it would mean there was less weight on the wall and it would therefore be less likely to overturn. That being said, with a sinkhole behind it more areas of the wall would be exposed to the elements of nature and various issues necessitating repair and maintenance could occur as a result.

Mayor Wilson wondered whether it might also suggest that there is a significant amount of water putting pressure on the wall underneath the dirt.

Mr. DeGennaro responded that if anything, it would suggest that there was water behind it (which, he commented, he was sure that there was because it was at the base of a hill) or it could suggest that there was some vegetation that had been cut down and rotted over time and the ground on top of it collapsed.

Then Mayor then wanted to know if Mr. DeGennaro had been able to hear water going underneath the wall and the road.

He responded that at one point he had heard water and that this water exited the wall through a pipe at the base of the wall and ran into the gutter there. To him this suggests that there is water behind the wall with the means of relieving the hydrostatic pressure.

The Mayor suggested that normally in this situation if somebody was to construct a wall they would put in weep holes to help facilitate the movement of water through the wall rather than against it.

Mr. DeGennaro replied that there were several weep holes in the wall, however so long as there were one means of collecting the water behind and moving it through the wall, which in this case there is, the holes were not necessary.

Mayor Wilson asked Mr. DeGennaro whether he believed that the means that was there now was appropriate.

Mr. DeGennaro responded that he would have to do an investigation to ultimately determine this, however he could hear the water and he saw a pipe coming through the bottom of wall, which means there is means for relieve the hydrostatic pressure on the downhill side.
The Mayor commented that everyone was aware that there is a significant storm water drainage issue in that area and that it is not just surface water, it’s also ground water. He wondered if it were reasonable to surmise that that over time, this continued pressure coming from this water might cause the wall to lean.

Mr. McCartney interjected and commented that they had already been through this. Nobody knows why the wall is tilted. In his view it either was built that way for whatever reason or, more likely, it happened at some point in the distant past. What they do know is that the wall has not shifted in the recent past.

Mayor Wilson retorted that although Mr. McCartney and Mr. DeGennaro were asserting that there was no evidence that the wall had moved, he believed that there was clear evidence of movement. Anyone who builds a wall builds it straight up, not on a tilt. This is common sense.

Mr. McCartney responded that if this were so, why hadn’t there been a change in the capstones or the joints between them. If there had been movement, such changes would be visible.

Trustee Kilduff commented that nobody knew the integrity of the wall underneath. He asked Mr. DeGennaro why it was, if the wall were in fact moving, that the capstones wouldn’t just go for the ride and specifically why they would be more impacted than other areas of the wall by the movement.

Mr. DeGennaro explained that as the wall rotated forward the distance would be the greatest at the top and one would be able to see the stones pushing away from each other, as there was nothing there to fill the void.

Trustee Kilduff stated that based on his understanding, the face stones were a intregal part of the overall mass of the wall and that since this event had occurred he had noticed that the mortar holding many of these stones in place was in really bad shape. Perhaps the fact that this stone came out should be viewed as an alarm that says, “Hey, we need to take a good look at this wall.” He further commented that he would have been accepting of the idea that the face stones were just decorative, however what he had learned that evening is that they are really a part of the continuous mass of the wall, the weight of which is crucial for keeping the structure in place.

Mr. McCartney responded that if a person gets a cut on their arm, they do not cut the arm off so that they can get an artificial limb.

Mr. McCartney agreed and further stated that just because one capstone had come out of the wall, it did not mean that the entire wall was structurally unsound and needed to be reconstructed. If the problem is with the mortar, then they should repair the mortar. If Village engineers are suggesting that the reason the wall is in imminent danger of collapse is because there is pressure behind it, then perhaps they should try to make the wall heavier. He then attempted to use this as a method of segue to talk about remedial measures, however Trustee Kilduff intercepted this and inquired of Mr. DeGennaro whether or not he would be satisfied in saying that as off plumb as the wall may be, it was not going to move any further off plumb and fall over.

Trustee Kilduff countered that this was really the key question as the Board was being told that the wall was significantly off plumb (12 inches) and did pose an imminent danger. He wondered if Mr. McCartney and Mr. Digenero were suggesting that the wall was like “the leaning tower of Pisa” in that it would remain in its current position without toppling.
Mayor Wilson commented that it was a gravity mass wall without any footing that is a foot off plumb. He wondered why the weight wouldn’t cause the wall to fall over, especially when there was a ton of ground water pushing it from behind.

Mr. McCartney replied, “Because it hasn’t. 30 years have gone by without it doing that.”

The Mayor then wondered whether Mr. McCartney would be comfortable taking responsibility and liability seeing as he was so confident in his position.

The Mayor countered that it was not as preposterous as Mr. McCartney suggesting that the wall was safe, to which Mr. McCartney quipped that this was why the Village engineers had suggested that the wall needed to be replaced, because they don’t want to be on record as saying that it was safe. In their reports, they have stated that the full reconstruction of the wall will require significant engineering. He believes there is a financial incentive for there to be a recommendation for a full replacement of the wall.

Trustee Heywood asked Mr. DeGennaro whether in his opinion the volume of material behind the wall was contributing to its failure.

Mr. DeGennaro responded that the wall was still standing and that the fact that it was holding back a large volume of material is what made it a retaining wall.

Trustee Kilduff inquired as to the factor of safety and Mr. Degenero replied that he had not made any calculations and could not do so until they had done some excavation and measurements to see what the width of the wall is.

Trustee Kilduff then wanted to know how Mr. DeGennaro was then objecting to the Villages Engineer’s assessment that there was safety factor of zero and Mr. DeGennaro replied that he believed that the Village Engineers had jumped to several conclusions without doing any excavations. Their conclusions are in his view nebulous in that they suggest that if conditions change, the center of gravity will shift and the wall could fail. They did not suggest the wall would fail today or tomorrow or right away.

Trustee Kilduff asked Mr. DeGennaro whether or not he had prepared a report and he was informed that he had and that it was included in the materials from Mr. McCartney.

Moving on to alternative solutions, Mr. DeGennaro outlined two potential solutions, which would be based upon standard calculations of safety and would increase the way the wall functioned as a gravity retaining wall. The first of these would be to excavate behind the wall and pour concrete. No one would ever have to see this. The concrete would increase the mass of the overall system of the wall and prevent it from any potential additional overturning or sliding. This could be done with the existing wall elevations (meaning the wall would not have to be lowered in any way.) Another method would be what’s called soil nailing, which entails drilling holes through the base of the wall and auger sleeves behind it at a certain distance. Pins would then be installed and secured from behind which would create friction between the length of the rod behind the wall and would resist overturning and sliding. This would be visible, with rods protruding through the wall bolted to metal plates.

Neither of these methods would remove the lilt in the wall but they would provide a factor of safety to prevent further movement.

Mayor Wilson wondered how much something like this might cost (ballpark) and Mr. DeGennaro responded that he guessed somewhere between $50-70,000.

The Mayor then asked to what level the proposed alternatives would increase the factor of safety on the wall, assuming that it is now zero.

Mr. DeGennaro guessed that the level would increase to 2, which would satisfy current wall safety standards.

There followed a more detailed review of both alternatives as well as a general analysis of the composition of the wall provided by Mr. Fairclough.

Photos of the wall taken on March 7, depicting the area where the stone fell out were presented and briefly discussed, as was the issue of whether or not any mortar work has been done over the course of the last 30 years. Ms. Booth and Mr. Fairclough deny having done any work on the wall, but Mayor Wilson asserts that it is clear that some work has been done.

Again, Trustee Kilduff wanted to know whether Mr. DeGennaro considered the face stones to be a critical part of the wall’s construction or if they were more decorative in nature.
Mr. DeGennaro responded that while every little bit certainly helped, he would not call the face stones critical. Rather the larger stones that were most likely behind them composed the critical mass of the wall while the face stones were more decorative.

Mayor Wilson wondered how Mr. McCartney would respond to the Village Attorney’s advice that under NYS law a property owner adjacent to public improvements might be liable if that improvement provides a special benefit to the adjacent property.

Mr. McCartney replied that he did not believe this referred to the current situation but more to something like a sewer grate or gas pipe.

Village Attorney Kelly Naughton suggested that based on the engineers report the increase in height of the wall and the fill provides an aesthetic benefit to Ms. Booth’s property.

Mr. McCartney argued that the case law did not talk address aesthetic benefits and that certainly the retaining wall did not provide any lateral support to the structure on the property.
Mayor Wilson stated that he had had conversations with Ms. Booth in which she had stated that the wall did provide a benefit to her because it provides privacy.

Mr. McCartney responded that what he was referring to was the statement of law and more specifically the issue of liability benefits.

In an effort to move things along, Mayor Wilson then asked Mr. McCartney if he had anything else to present.

Mr. McCartney responded that he felt the closure of the road had greatly benefited the Tuxedo Club in the construction of their boathouse by allowing large trucks to access the construction site with ease.

The Mayor replied that the trucks had been entering the site from the north side and not the south, which is where the dangerous section of the wall is present.

Mr. McCartney stated that he had photographs to the contrary showing these people in and about the area of the wall and presented one such photo.

Mayor Wilson commented that the Village had told Ms. Booth that they would allow essential service vehicles on the road for her benefit and they have extended that same courtesy to the Tuxedo Club for work on their boathouse.

Ms. Booth then stated that she had probably over 100 photographs that she had been taking on a daily basis of construction vehicles that had been coming in and down the Causeway on a daily basis and were in very close proximity to the wall. These include a photograph of a tractor-trailer, which she estimates was probably 60 feet long, carrying bundles of large, triangular steel support beams.

The Mayor suggested that if Ms. Booth wanted the Village to stop allowing the Tuxedo Club this courtesy it only be fair if they then prevented vehicles from traveling to her property as well.

Ms. Booth stated that she had no problem with the Tuxedo Club, the Dam or even the Village really, but rather her objection was that there was no consistency. In her view, the wall is either a safety factor for everyone in the Village or it is not. Every single day since she returned to the Village on March 20 she has seen massive vehicles as well as a multitude of trucks going in and out of the boathouse. Most of these are accessing the property from the south end, but some of them are not. Just that morning she witnessed a large flatbed truck attempting to make it up the narrow, steep driveway from the Boathouse and make the sharp turn out onto East Lake Road. The truck had to back up 4 times and start over in an effort to make the turn. She feels it would have been a much better idea to have large trucks access the Boathouse from the broad section of property where the paddle tennis courts used to be located. She went on to point out that the Causeway had originally been designed for horses and buggies and she feels that the traffic that is allowed to go down it and the speed at which they are allowed to go have a negative impact on the area that should, in her view, be addressed. She believes the large vehicles should be directed into the Village via the South Gate and not allowed down the Boathouse driveway. She further commented that she had been told that the vibrations from some of the massive construction vehicles were not good for any wall, yet they were permitted to go through there on a regular basis. She stated that she had come before the Village Board back in the 1980s, long before any of the current Board members lived in the Village, and suggested that it might be a good idea to have speed bumps installed, but the suggestion had been completely dismissed on the basis that it would be detrimental to the snow plows. She suggested that a large portion of the problem at hand had been created by the Village due to the size vehicles they allowed to travel down the Causeway and the speeds at which they were permitted to go, which was not within her control.

Mayor Wilson pointed out that New York State law prevented the Village from lowering the speed limit from 30mph.

Ms. Booth responded that she was aware of this, but that a speed bump could be installed.

Ms. Booth presented a picture of a large truck parked along the road, adjacent to the wall and it was briefly discussed.

Mayor Wilson wondered what all of this had to do with the structural integrity of the wall.

Ms. Booth responded that it had everything to do with the structural integrity and that she feels that the aforementioned issues have a direct impact on the wall. Again she pointed to her photographs, which indicated several large trucks parked in very close proximity to the wall.

Mayor Wilson wondered why Ms. Booth cared about this if she believed that she did not own the wall.

Ms. Booth responded that everyone should care and that she was simply a concerned citizen.

Trustee Kilduff wondered if Ms. Booth was suggesting that the trucks made the wall unsafe.
Ms. Booth responded that she believed that if the Board were truly concerned about the integrity of not only this wall, but also any Village wall, the issue of traffic needed to be addressed. She further commented that a large truck from Canadian Tree Service carrying a giant crane had been allowed onto the road without Police permission and had proceeded to lower 20 to 30 foot sections of large trees removed from Club property onto a flatbed.
Mayor Wilson asked whether this was the truck Ms. Booth had filed a police report on and she responded that she had actually filed 2 police reports and had actually attempted to file a 3 but was told she could not do that unless something actually fell onto the wall.
Mayor Wilson wondered why Ms. Booth would want to file a report about something falling onto a wall that she believed was owned by the Village.

Ms. Booth responded that she would do this as a concerned citizen and that having lived in the Village for 30 years, she cared greatly about it.

Mayor Wilson responded that her actions suggested that she believed that she owned the wall.

Ms. Booth denied this and stated that she believed that everybody cared about the aesthetic configuration of the wall, which has been here for 125 years or more. She further commented that as a resident she cared about every wall in the Village and that her business was selling real estate in Tuxedo Park (and probably 90% of the people who lived in the Village came through her office) which made it even more important.

Mr. McCartney asked Ms. Booth if the wall were to be reduced in height to 3 feet, as the Mayor had suggested in his opening statement, based upon her experience as a real estate agent whether this would have an adverse impact on her property and its value.

Trustee Heywood suggested that Ms. Booth had a conflict of interest in answering this question.

Mayor Wilson commented that regardless, she should be permitted to answer and Attorney Naughton agreed.

Ms. Booth stated that she believed reducing the wall would definitely have an adverse effect on her property. Currently the wall blocks traffic coming the north from view until it reaches the boathouse, however if it were to be lowered that would change and all of these cars would become visible. She considers this to be a negative impact. She also believes there would be more noise if she wall were lowered.

Mayor Wilson asked Ms. Booth whether she had, as a “concerned citizen” and a real estate broker filed any other police reports about other walls in the Village, which might be damaged due to heavy vehicle traffic.

Ms. Booth responded that she would be happy to do just that, however what made this wall stand out was that she was able to see everything that went on around it from her bedroom window.

Mr. McCartney took issue with the overall tone of the Board. He asked Trustee Heywood whether or not he believed there would be a negative impact to Ms. Booth’s property were the height of the wall reduced.

Trustee Heywood responded that he believed there probably would be, but by the same token there would be a negative impact should the wall topple down onto a school bus.
Mr. McCartney then wondered whether Trustee Heywood believed there would be a negative impact on the Village if the wall were lowered to 3 feet.

Trustee Heywood responded that if this could be done aesthetically, then he did not see a problem.

Ms. Booth commented that when she was residing in the Village she both rode her bike and walked around Tuxedo Lake with regularity and many times when she has seen things that she either felt posed a danger or had a negative impact on the community she had reported it. She was the one that everybody had called after Hurricanes Sandy and Irene to check on their homes and she did this type of thing gladly. In most cases, Mr. Fairclough was the person she called for help because he works on many of the big estates in the Village.
Mayor Wilson acknowledged this but wondered specifically whether or not Ms. Booth had filed any other police reports with regards to walls in the Village.

Ms. Booth responded that she had not because she had not noticed any other situations where this type of thing had been going on, but that she certainly would do so if she did.
Mr. McCartney stated that he took great acception to Trustee Heywood suggesting that Ms. Booth had a conflict of interest, and further commented that he believed that there was an inherent conflict in the entire hearing and that the Village Board was acting as Prosecutor, Judge and Jury. He went on to say that he sincerely hoped that the Board would take an objective look at the evidentiary proof that he had put into the record with regard to all three issues and come to the determination that is required by law rather not based upon what appeared to him to be a prejudgment of the issue.

Mayor Wilson replied that there had absolutely not been a prejudgment of the issue and that he believed Mr. DeGennaro had proposed a very interesting solution.
Mr. McCartney wondered about the issue of ownership.

The Mayor responded that this was still to be determined and that in his view it was really the essential issue in terms of who would pay for the repairs. He further stated that none of the information presented that evening had convinced him that the wall was safe, although he reiterated that the alternative proposal would be an interesting one to consider but the question remained as to who would pay for it.

Mr. McCartney asserted that Ms. Booth did not have the responsibility to pay for it and reiterated that there was absolutely no evidence to show that she owned the wall. This being said he suggested that Ms. Booth would probably be willing to offer the village whatever It needed in terms of property easements etc in order to preserve the wall.
Attorney Naughton commented that Mr. McCartney had presented the Board with a plethora of material and that she believed it would be appropriate for them to close the hearing but reserve their decision until they had had proper time to review the materials as presented.

Mayor Wilson stated that he believed the hearing had been a positive one and that moving forward it would be most important to figure out a solution that both sides could agree on quickly so that they could open up the road as soon as possible, which was the primary goal of the Board in serving the community.

Ms. Booth commented that she wanted to make it clear that she had had no desire to have things come to the point where she had to come before the Village with an attorney and that it had not been her doing. When she was originally notified of the situation she had been out of state and fresh out the hospital following a surgery. She had made it clear to Mayor Wilson that she would be unable to return for at least 10 days. When she did arrive in the Village the very first e-mail she opened informed her that there had been a special meeting scheduled for that very day. She had been given no advance notice, however she hustled to get to the Village in order to attend the meeting. Within 48 hours following the meeting she was served with legal papers which gave her 1 week to either remedy the situation or come up with a plan for remediation and if she did not comply with this the Village would begin construction anyway and threatened file a lean against her property to pay for it. She felt this left her no choice but to hire an attorney. She has spent a tremendous amount of money already because the Village has ascertained that she owns the wall, however she knows that she does not own it because when she purchased the property she had the deed researched. She was never given an opportunity to discuss this with the Board however. Rather she was given an ultimatum and a deadline for compliance. She stated that she would like to go on record as saying that she does not believe that this is any way to treat people…not only herself but anybody who has lived in the Village for 35 years. When the Board approaches residents in a threatening way and hands out ultimatums and deadlines, she believes that they will find that many of them will hire attorneys.

Mayor Wilson responded that this was a gross distortion of the facts and that he had spoken with Ms. Booth very clearly on the phone just after the stone came out, at which time he had laid out what the process was going to be. None of what happened should have come as a surprise to her.

Ms. Booth countered that when they had spoken on the phone, The Mayor had told her that a “large boulder of approximately 200lbs in weight” had come out of the wall, when in actuality it was a face stone.

Mayor Wilson retorted that Ms. Booth had also indicated in that same conversation that she did not believe that she owned the wall and that she did not intend to pay a dime for it.

Under these circumstances, the Mayor wondered what the Village should have been waiting around for.

Ms. Booth responded that she felt she had been at a disadvantage because she was not in a position to speak with or hire an engineer and she did not have any legal representation. She had nothing at her disposal to refute the Village’s claims that she owned the wall and she had told the Mayor this. She had, however, taken the time to write two letters to the Board on her own behalf. The first received no response and the second was answered in brief by Trustee Kilduff, who apologized for the lack of response and identified himself as a Jr. member of the Board.

Mayor Wilson pointed out that it was not the Village’s responsibility that she had been in Jackson Hole when her wall failed.

She responded that she understood this, but she felt that the statement “the wall has failed” was an exaggeration. Not knowing this at the time, she asked Mr. Fairclough if he could photograph and send her the shots of what was being described to her as a “catastrophe” and she was dismayed when she discovered that what had actually come out of the wall as a 15inch stone. The subsequent letter that she sent the Board said that she felt that they had really overreacted and that when she returned home she would address the situation.
She has spent a great deal of money already in an effort to prove her innocence however the feeling she had gotten at the hearing was that the Board had already made up their minds that she was responsible.

The Mayor denied this. He wondered how it could be labeled as over reacting when they had two sets of engineers advising them that a major wall on the major road in the Village had failed. He asked Ms. Booth how she would react if she were a trustee.

Trustee Kilduff stated for the record that everything that the Board had done to date had been done pursuant to the Village Code. He himself had been somewhat surprised by the procedures, but the fact is that the Village code is consistent not only with other Village codes but also New York State law and the New York State Constitution if not the Constitution of the United States. The Board needed to move the project along because it is affecting a major artery within the Village that has impact on everyone’s home values and it represents, according to Village engineers, a clear and present danger. The Village has not singled anyone out in this situation.

Mr. McCarthy stated that he appreciated this, but went on to suggest that the tone coming from 2 of the 4 Board members suggested that they had already made up their minds and he again requested that they consider the information that had been presented with open minds.

Mayor Wilson then made a motion to close the hearing and this was unanimously approved by the Board.

EAF Review – East Village Water line:
The Board voted unanimously in favor of declaring themselves lead agency for this project and typed it as an unlisted action.

The Village Board of Trustees met on Tuesday, April 23 2013 at 7pm. All members were present.

Mayor’s Update:
There was not a lot of news to report aside from the obvious activity with the Causeway Wall. Mayor Wilson reported that the Board was working on moving forward with their efforts to rectify the situation and to this end; there would be a Hearing as requested by the Property Owner on Monday, April 29 at 7pm in the Village office.

Meg Vaught asked for some clarification as to whether or not the hearing would be a Public Hearing at which residents were allowed to make comments or a hearing for the Property owner at which the Public was welcome. Board Attorney Rick Golden responded that while the hearing would be open to the Public, it’s purpose would be to allow both the Property Owner and the Village to express their positions and discuss options for moving forward. It would not be appropriate for the Public to make comments.

In other news, the DPW has been working to raise the level of the Wee Wah Lake in order to get ready for the swimming season. Some stop logs have been reinstalled and the level is approaching where it was last season. When asked how much the level would be increased in total, The Mayor responded that he suspected it would be lower than most people would like, however swimming will be possible.

Police Update:
Chief Sanford reported the following for the month of March:
Non-Criminal Complaints – 29
Property Damage Complaints – 2
Traffic Summonses Issued – 13 (3 of these were for going around the Causeway Cones)
Intrusion Alarms – 3
Medical Calls – 1
Assists Given to the Town of Tuxedo Police – 1
Assists Received from the Town of Tuxedo Police – 2

Mayor Wilson inquired about progress with renovations to the building known as “the keep” (across the street from the Police Station on the North side of the Gate House) and Trustee Neuhauser informed him that bids had been collected for the work, to installation of a slate roof. Additionally, the Garden Club has agreed to help with landscaping efforts.

Deputy Mayor du Pont inquired as to how many of the 36 deer hunting permits issued to the Village by the DEC had been used and was informed that to date, 32 have been used. Chief Sanford further commented that he anticipated all the permits would be used within the next couple of weeks and that the program had been very successful thus far.

The Deputy Mayor concurred with this pointing out that all of the work had been done internally and at half the cost of last year’s efforts.

DPW Update:
As Superintendent Voss was not present, there was no DPW Update.

Building Department Update:
Click hereto view a copy of the Building Department report for the month of March

Committee Updates/Allied Biological Proposals:
On behalf of the Environmental Committee, Susan Goodfellow led the Board through a review of the multiple lake proposals that were submitted by Allied Biological in February 2013. It was fairly quickly determined that although both are important for various reasons, neither the Fishery Studies nor the Study of Aquatic Plants are necessary this year.

However, Mrs. Goodfellow strongly recommended that the Village move forward with maintaining an “on-call as needed” relationship with Allied Biological (free of cost unless utilized) as well as the 5 Year Water Quality Data Summary, which will take all of the lake info compiled by the Village from various studies and agencies over the last 5 years and put it into one, comprehensive report, which can then be analyzed. Additionally, she recommended that the Village agree to continued water quality monitoring in all three lakes, although she suggested that the number of samples could be reduced from 8 to 4, as per the proposal. This is important for so many reasons, including the re-emergence of the Tuxedo Reserve project, the Mulch Pile and the increase in construction around the Lakes without DEC involvement or consent.

Village Attorney Rick Golden advised that Board that as per the Village’s procurement policy, the Board would have to attempt to obtain at least 2 other verbal quotes for projects that cost more than $1000.

Following some further discussion, the Board voted unanimously in favor of moving forward with water quality testing in all three lakes at a cost of $3,575 per lake as well as the 5 Year Water Quality Data Summary and Analysis ($1,795) all subject to the Village Clerk’s attempt to obtain 2 other verbal quotes for each project as required by the law.

On another note, Mayor Wilson commented that a resident whose child was unfortunately bitten by a tick had recently contacted him. Upon testing, it was discovered that the tic was carrying 4 different bacteria driven diseases. As a result, this resident has suggested that the Village consider a testing protocol for tics so that residents will be better informed of the risks. The Mayor asked Mrs. Goodfellow for her thoughts on this suggestion.

Mrs. Goodfellow responded that in her view, testing tics would turn into a giant mess and it was something that the Village should avoid getting involved with. Rather, she believes that residents need to be aware that tics are out there and remain vigilant in terms checking themselves, their children and their pets and seeking the appropriate immediate treatment when necessary. Tics are a feature of living in the woods.

Announce – Bulk Pickup Day Saturday, May 18:
Mayor Wilson announced that Bulk Pickup Day in the Village would take place on Saturday, May 18.

Village Court Request:
The Village Court has requested that the Village give them a dedicated phone line so that they can accept credit cards as a method of payment.

After a brief discussion, during which Village Attorney Rick Golden advised the Board that in his personal experience as a Magistrate, accepting credit cards increases returns significantly, the Board voted unanimously in favor of granting the request.

DPW Contract:
After a very brief discussion, the Board voted unanimously in favor of approving the contract titled Village of Tuxedo Park and The International Brotherhood of Electrical Workers Local Union #363 AFL-CIO Relating to The Village Department of Public Work 6/01/13-5/31/16.

1. Call to Order
2. Pledge of Allegiance
3. Mayor’s Update
4. Police Update
5. DPW Update
6. Building Department Update
7. Committee Updates
8. Public Comments
9. Announce - Bulk Pickup Day Saturday, May 18th
10. Village Court Request
11 Allied Biological Proposals
12. Approve BOT Minutes (3/26, 4/1, & 4/15)
13. Audit of Claims
14. Adjournment

The Village Board of Trustees held a Public Hearing on Monday April 15 for the purpose of considering the 2013-2014 Tentative Budget. All members were present.

The meeting began with a moment of silence for the victims of the Boston Marathon Bombings.

Chief Budget Officer and Deputy Mayor David du Pont opened the discussion by commenting that although the budget is discussed and worked on in public by the Trustees, 90% of the work was actually done annually by Village Clerk Debbie Matthews and without her help, the process would be impossible. With that said, he expressed his sincere gratitude to Ms. Matthews for all of her hard work. He went on to say that putting together a municipal budget is part science and part art. Very few things are certain. In fact, the amount of debt service is really the only thing that can be predicted with any certainty (the science aspect) while everything else is, for the most part, an educated guess (Art) For example the total amount budgeted for Staffing is hard to determine as the Board does not know what will happen with litigation moving forward. Similarly, it is hard to determine what the Transport needs will be as this will depend on what work needs to be done to the Village Roadways and what the ever fluxuating price of oil might be.

This year’s budget shows a very modest increase of 1.9% (less than $50,000 overall) Lake Management funding has been shifted from the General Fund to the Water Fund. All Village Employees have been given a 2% salary increase across the Board. This includes full time Police Officers as well and CBO du Pont stated that the Village would be willing to go into arbitration if need be with regard to any further salary increases that may be requested or required by this Department, the reason being that over the past 3 years the Police budget has gone up from 25% of the total budget to 28%.

Trustee Heywood asked the Deputy Mayor if he would also comment on infrastructure expenses, specifically funding that had been set aside for Village roadways.

The Deputy Mayor in turn explained that a larger sum had been set aside within the DPW budget for work to be done on Tuxedo Road. In brief, the DPW will be removing the top layer of roadway between St. Mary’s and Pepperidge Road and re-rolling it before laying down a new layer of asphalt. This is much the same as the work that was done last year between East Lake Stable and Tower Hill Road as well as on West Lake Road by The Club. Although it is fairly expensive, once completed the road will be in much better condition and should hold up much longer. Secondary roadways that receive less traffic will be repaired with tar and chip.

Susan Goodfellow thanked the Board for allocating an appropriate amount of money for Lakes Management, commenting that it was nice to see that the Board appreciated the importance of this ongoing work, CBO du Pont responded by pointing out that two of the primary reasons that residents came to Tuxedo Park was for its’ security and its’ Lakes. Therefore, it is crucial that the Village spend money in order to maintain both of these things on an annual basis. Additionally, he suggested that the aging infrastructure was also in need of annual attention, a perfect example of this is the Wee Wah Dam, which will probably cost the Village more than one million dollars but must be addressed all the same.

Mrs. Goodfellow agreed and further commented that many residents don’t realize how luck the Village is not only to have its’ own water supply, but to have a clean water supply. The water remains as clean as it does because of where the Lakes are situated, but it is crucial that the Village remain vigilant and keep on top of things like Tuxedo Reserve and the Mulch Pile. Additionally, she cautioned that Lake front property owners must be careful about building close to the water and following the proper protocols for doing so as laid out in the Village Code.

Mayor Wilson pointed out the fractures in the bedrock also provide a pathway for pollutants to get into the water supply and that this was just one more reason that the Village needs to stay on top of Lakes Management.

The Board then voted unanimously in favor of adopting the 2013-2014 Tentative Budget as presented.

Mayor Wilson reported that he had spoken with the Homeowner regarding a possible compromise, but was uncertain as to how things would proceed. Therefore, he feels that the Village should move forward and set a Hearing to discuss solutions for maintaining and repairing the situation. Following a brief discussion, it was agreed that the hearing would take place on Monday April 29 at 6pm. A motion was then made and unanimously approved, with the Deputy Mayor abstaining. A letter will be sent to the Homeowner informing her of the hearing.

PLEASE TAKE NOTICE that the Tentative Budget for the Village of Tuxedo Park for the
fiscal year commencing June 1, 2013 and ending May 31, 2014 has been filed in the office of the Village Clerk and that the Board of Trustees of the Village of Tuxedo Park will hold a public hearing to consider such budget on Monday, April15, 2013 at 6:00p.m., in the Village Hall, 80 Lorillard Road, Tuxedo Park, NY, and to consider any other matters that may come before the Board on said date. No salary is paid to the Mayor or Trustees.

The Board of Trustees met on Tuesday, March 16, 2013 at 7 pm. All members were present.

Mayor’s Update:
Mayor Wilson began by talking about the upcoming elections. With great regret, he announced that he would not be running for reelection due to the fact that he has recently sold his house and thus cannot make a two-year commitment. On a more positive note, he added that Trustee Neuhauser has decided to run for Mayor. Trustee Heywood stated that he would not be running for reelection as he feels it’s time for “younger people” to get involved in Town, Village and Church affairs. The Mayor commented that Trustee Heywood has been a great asset to the Board and that it has been a pleasure to serve with him. Trustee du Pont stated that he has decided to run for another term adding that he had committed to Trustee Neuhauser that since she was willing to run for Mayor, he would run for a second term. The Mayor remarked that this was good news as it meant there would be some continuity on the Board. Trustee Kilduff is not up for reelection which this means that 3 out of the current 5 Board members will be able to continue working on projects already in progress. The Mayor stated he was (let’s eliminate the uncertainty) confident that the Village is going in the right direction right now and that it will continue to do so moving forward.

Tuxedo Road/Causeway Wall:
The primary issue currently facing the Board is the Tuxedo Road/Causeway wall. As ownership of the wall is uncertain, Village Attorney Golden has been working on a title search dating back to 1978 and which included a subdivision map of the area dating back to 1974. There was no specific reference to the wall in the deeds but consistent with the 1983 survey, there was an indication that the wall was coincident with the boundary line of the homeowner’s property. Mr. Golden will continue to look for any older deeds that might make reference to the wall, but he doesn’t think this should hold up any action by the Board. Because the wall acts as a retaining wall for the homeowner, which is different from the purpose it serves for the general public, New York State law states that the repairs are the responsibility of the property owner.

Mayor Wilson replied that it appears to be two walls. One is the bottom wall of about 3 feet and then there appears to be an addition that was added later.

Mrs. Heywood inquired as to who had paid for the addition and was told that it looks as though a private homeowner had done so.

Mrs. Heywood suggested that this proves that the homeowner owns the wall.
Jim Hays commented that clearly fill had been added behind the heightened wall and it seems as though the additional height was added as a way of lowering the slope of the yard.

Mayor Wilson agreed and commented that he had spoken to Greg Van Schaack, who had confirmed that fill had been added during the construction of the home.
Nancy Hays suggested that someone should ask Chris Sonne if he has any knowledge about the history of the property and the wall. The Mayor agreed this was a good idea.
Peter Regna commented that he would like to hear from Village Engineer Rich Messer on the subject

Mr. Messer stated that the wall has clearly been moving and, in his opinion, will continue to do so especially during the freeze/thaw cycle. The firm still believes that the wall is an issue and their recommendation of taking down at least a portion of it stands. Mayor Wilson commented that some residents had suggested that the Board was over reacting because it appears as though it is just an instance of one rock falling. However the Mayor doesn’t see it that way, he thinks it’s more an issue of a 12 inch overhang which suggests that the wall has failed.

Trustee Heywood added that the fact that the Board has 2 separate engineering reports which say the same thing suggests that failure to close the causeway on the part of the Village opens up issues of liability.

Village Attorney Golden further stated that both reports stated that there was no factor of safety with respect to the wall andthat while no one could predict when it might fail, the fact remains that it could fail at any time. He then proceeded to lay out the next steps for the Board as follows:

A letter should be sent to the homeowner asking her to correct the deficiency and requesting that she respond within 7 days giving the plans for said correction. The homeowner can also request a hearing within those 7 days. If she does, the Board will conduct a hearing and after hearing what she has to say, will make a decision that is final. If the homeowner does not follow the decision of the Board of Trustees, the Village can step in, do the work and bill the homeowner by means of a tax lien. Should anything happen such as the wall actually failing before this process is complete, the Village can go in on an emergency basis and do whatever is necessary.

Mayor Wilson commented that should something like this occur, the Board would call a special meeting.. A motion was then made that the aforementioned letter should be sent. This was passed with Trustee du Pont abstaining.

Police Update:
Chief Sanford reported the following for the month of February:
Non-criminal complaints – 3
Property Damage Accidents – 2
Traffic Summons – 13
Fire Alarms (false) – 1
Intrusion Alarms (all false) – 4
Medical Calls – 4
Assisted by Town Police – 2
Additionally, 7,713 non-tagged vehicles entered the Village through the Front Gate

When asked what was happening with the deer, Chief Sanford responded that about 10 sites have been activated and baiting has begun. Typically, this stage of the culling process goes on for about 4 weeks.

Mayor Wilson added that he and Trustee Neuhauser had recently met with the DEC to discuss long-term deer management strategies and that the Board will be putting together a management plan which they will submit to the DEC. In the meantime, the Village has been issued 40 permits for culling deer starting on April 1st.

DPW Update:
Superintendent Voss reported that with the exception of one snow event, it had been a slow month. The crew has been checking the roads identifying and patching as many potholes as possible. The holes on Tuxedo Road are, unfortunately, too shallow to fix with a cold patch. They are planning to mill Tuxedo Road from the Gate up to East Lake Stable Rd.. This means they will take an inch and a half off the road and then put down a new inch and a half. This process should take one 10 hour day or at the most two days. Superintendent Voss does not anticipate having to close the road as they hope to do one lane at a time. Afterward the road will be paved.

The Mayor suggested that this should not happen while the causeway is closed.
Trustee Neuhauser inquired of the Superintendent as to when the department would ideally like to do the work and said he responded anytime after school is out.
Mayor Wilson commented he was pretty sure the causeway would be reopened by then.

Building Department Update:
Click here to view a copy of the February Building Department Report.

Public Comments:
Kathy Norris asked that the Village move the barrier on Ringwood Lane up to the end of the Kroeber property, still within the Village and still crossing the road so that no one can come down it but that the owner can still access the property. The Mayor said he didn’t think the issue was that simple and that it would be discussed later.

Presentation – Library Renovation:
Barbara du Pont, President of the Library Board of Trustees gave a short presentation outlining the Library’s upcoming planned renovations.

A couple of years ago, the Library Board created a strategic plan for the Library. They realized that presently, the Library is not configured well to serve its patrons in the way they wish to use the building. The way that people use libraries now is changing with new technology. Since the building is a historic one, the Board is not proposing the move any walls or make any physical changes to the building. Instead, the changes will be cosmetic moving things around and moving/adding furniture and new carpets. They will also be do some rewiring.

So as to interrupt use of the Library as little as possible, plans are to do the renovations one room at a time with each room taking about a week. The Children’s room has already been done. Next up, beginning approximately April 15th, will be the Adult Reading Room. This is the area to the left of the front door which currently houses magazines, CDs and DVDs. Some patrons have expressed concern that there is currently no quiet space for reading and so this will serve that purpose. The CDs and DVDs will be moved. Since this is the room the Library uses for presentations, all of the furniture and bookcases will be moveable to make it easy to reorient the room for events. They will recover sofa and chairs in order to reuse what they already have. There will be seating in the bay windows as wells as table and chairs around the fireplace. The magazine collection will be kept here and there will be books around the perimeter of the room.

In what is currently the fiction room, a Resource Room will be created. There will be a table facing the fireplace which will hold the Library’s computers. In the back of the room, there will be a table for people to bring and use their laptops and mobile devices. There will be power outlets available there. Over the fireplace, there will be a flat panel tv so that the Library can show special and national events as well as movies.

Across the way where the computers are presently housed, there will be a media café. Here there will be a coffee station as well as tables and chairs so that people have a place to sit and chat while they share a cup of coffee. The CD and DVD collection as well as audio books will be moved here. The granite top on the coffee station is coming from a local quarry which provided the stones for the front steps of the Library.

Last up will be the central area of the Library. When they get to this, they will close the Library for about a week. This is currently scheduled to happen in early May.

All the funds to pay for these renovations have been raised by private contributions and grants. No taxpayer money has been or will be used. Mrs. du Pont said they intend to either raise more funds or apply for a grant to fund the purchase of a generator so that even when the Town loses power, the Library will still be available as a hub of the community.

Mary Graetzer asked Mrs. du Pont where they were going to put all of the books?
Mrs. du Pont replied that they would have almost the same amount of shelf space. Also, the Library has been culling their collection, using their records that indicate which books have been borrowed and how many times. Thus, some of the books will be sold or discarded. Some of the fiction will be moved downstairs.

Sue Heywood added that she offers a class in English as a Second Language at the Library and, as such, is there in various locations at least 3 days a week. She has been seeing piles and piles of books marked “discard” or “move to sale room” throughout the building. She looked at some of the books and was upset to find a beautiful, totally relevant gardening book which had been donated by a resident as well as the entire Harry Potter series in these piles.

WeeWah Dam Update:
Rich Messer reported that his firm was well along on the design for the dam. Since they haven’t actually done any work on the dam as yet, he anticipates that the water level in the lake will be about the same this spring and summer as it waslast year as they planning to leave room so that if a large storm hits, there won’t be any stress on the dam. DPW Superintendent Voss commented that the reason why the water is as low as it is right now is because the Village pulled several boards in anticipation of Superstorm Sandy. The plan is to replace most of those before the 2013 swimming season. Westin & Sampson has been communicating with the DEC over the design of the dam and they hope to have a plan approved by the end of the year.

Mr. Messer added that with regard to the East Village water line project, they were waiting for information from the New York Thruway before finalizing those plans. Originally, the Thruway Authority gave them inWeeWah Dam Update: Rich Messer reported that his firm was well along on the design for the dam. Since they haven’t actually done any work on the dam as yet, he anticipates that the water level in the lake will be about the same this spring and summer as it waslast year as they planning to leave room so that if a large storm hits, there won’t be any stress on the dam. DPW Superintendent Voss commented that the reason why the water is as low as it is right now is because the Village pulled several boards in anticipation of Superstorm Sandy. The plan is to replace most of those before the 2013 swimming season. Westin & Sampson has been communicating with the DEC over the design of the dam and they hope to have a plan approved by the end of the year.

Mr. Messer added that with regard to the East Village water line project, they were waiting for information from the New York Thruway before finalizing those plans. Originally, the Thruway Authority gave them information for the wrong locations and they have just received the correct information. The design is nearing completion and the bidding documents should be ready soon.

Filming in the Park:
Mayor Wilson announced that the Village has recently received several requests for homeowners to film video of their homes to aid in the process of selling them. There are , however, potential conflicts with existing Village Code.

Deputy Mayor du Pont added that the section of code, which would need to be revised is Chapter 51, titled Films and Movie Making. Section 2 of this chapter lists exceptions and Mr. du Pont feels it would be fairly simple to just add a line for the marketing of homes that are presently on the market as well as for insurance purposes. He noted that to the best of his knowledge this has already been done several times..

Trustee Neuhauser commented that she had seen two of these videos and felt they were well done. She noted that the videos did not show other houses or pictures of Village landscapes.

Barbara du Pont added that the videos done last year as a part of an NBC series were very professionally done and showed the Park in a positive light. She feels that allowing the videos would do nothing but good things for the community as a whole.

Village Attorney Rick Golden cautioned that because we are a municipality, once you allow filming in general, the Village will lose control of the content. Thus, if someone were to create a video for posting on the internet depicting something unflattering to the Village, there would be no recourse and the Village could not stop it. However, this would not be the case if filming were only allowed for the selling of homes and insurance purposes.

Mayor Wilson asked if anyone in the audience had an opinion as to why allowing the videos might be a bad idea.

Peter Regna expressed concern that if there were a lot of houses on the market, (in recent years there have been as many as 50 or 60 at one time) this could have a negative effect on the brokers and the sales.

Kathy Norris stated that she had had 2 requests for filming and that both requests concerned the filming of specific properties and proposed to tell the history of the property as well. The film makers would go directly to the specific property and then leave without going anywhere else in the Park.

Jim Hays inquired as to what would happen to the films after the properties were sold? He expressed some concern that they might still be “floating around the internet” and could be put together in many different ways some of them potentially negative. Village Attorney Golden added that if the discussion included allowing outside production companies, such as NBC or HGTV to come in and film, this would be more than just an exception to twhat exists currently in the code and would require a new law. The Village is not in a position to decide what qualifies as good content versus bad content.

Trustee Kilduff commented that with the advent of Google Earth, the Village is deluding itself if they think that people can’t zoom down and see things in the Park. However, there are people who have moved here and feel that the security aspect of the Park is paramount. He feels that the Board needs to be very careful in how they proceed with this. Trustee Neuhauser observed that filming has already happened several times without any permission from the Board and she has yet to hear one word of complaint or criticism.

Attorney Golden stated that from a process point of view, to change anything in the code would require a local law and a public hearing. He advised that the Board should not be afraid of starting this process as they can always stop the process if they discover something they don’t like.

Mayor Wilson then introduced a resolution directing the Village Attorney to compose a proposed local law addressing the exception as discussed.

The Mayor responded that the proposed legislation would probably be introduced and a pubic hearing set at The Board’s next meeting which could well be a special meeting regarding the wall or one of the budget meetings. With respect to a specific request from Barbara du Pont for filming a video, the Board informed her that she would have to wait until the process has been followed and the code amended, if that is indeed what occurs.. With respect to a request from Half Yard Productions to film in Tuxedo Park, which entails \ filming two properties for “historic purposes,” it was agreed that in its present form, the code would allow for it Attorney Golden cautioned the Board that if they were considering moving forward with new legislation, they should be carefull considering what is meant by “historic purposes” as this can have a wide interpretation.

It was decided that this definition would not be a part of what was presently proposed for the amendment, but it could be added at a later date.

Resolution on the Allied Biological Proposal for 2013 Algae Management Program:
As discussed at last month’s meeting, Allied Biological has submitted a proposal for algae management in the Village lakes, which specifically entails treating the lakes with copper sulfate. Jim Hays of the Environmental Committee was present and commented that this type of treatment is something that the Village has traditionally done. In the past, the Village DPW performed the treatment, however they are no longer able to get the material. Allied Biological treated the lake last year and is proposing to do so again.

Trustee Neuhauser reported having spoken with Environmental Committee Chair Susan Goodfellow about this issue and she feels it is very important to go ahead with it.

Mr. Hays added that in his experience prevention is usually a better route to take than rescue and restoration. . He further commented that the Village had banned the use of fertilizer with phosphates and he feels that it would help greatly if this were more strictly enforced. A motion was then made to accept the proposal and was passed unanimously.

Resolution – AIM Proposal for 2013 Milfoil Removal:
A second proposal which includes a survey of the WeeWah and Pond #3 as well as pulling of milfoil was then discussed. The Board is in agreement that last year’s program was successful thus a motion was made and unanimously passed to accept the proposal.

Appoint Overton Subdivision – Village Representatives:
The developers of the Overton Subdivision (located on Mtn Farm rd) are proposing to make some improvements to the Village water system in order to assist in having sufficient water for the subdivision. Attorney Golden has requested that the Board appoint representatives to meet with the developers and explore this issue. Trustees John Kilduff and Lili Neuhauser were appointed

South End Village Property Access:
Rick Golden reported having had an inquiry from Hank Christensen on behalf of Kent Kroeber. The issue is access to property that is a town lot located inside the Village. Mr. Christensen has asked for permission to access the property by way of Village roads in order to do test pits and water well drilling as the access from the Town side of the property is neither expedient nor easy. The purpose of this testing is to determine the ability of the lot to sustain development. Mr. Golden added that the access would be temporary and only for the specific testing.

Mayor Wilson expressed his concern that something like this could be just the beginning of a process that could end up with the property being developed and then subsequently providing access from Tuxedo Reserve, which it abuts, into the Village.

Both Trustees du Pont and Kilduff expressed their desire to accommodate Mr. Kroeber who they feel has contributed a lot to the Village during his tenure in the Park.

Kathy Norris, representing Mr. Kroeber, commented that she felt it was very unlikely that Mr. Kroeber would want to do that. Mr. Golden then stated that, he had been under the impression that the property was entirely in the Town., however he was now hearing that some of it is within the Village, thus he would like time to research the matter and study the surveys and tax maps.

Tentative Budget and Set Public Hearing Date:
The Board set the following dates for meetings on the budget:
April 1 at 6 pm – meeting to discuss the budget.
April 15 at 6 pm – public hearing on the budget.

1. Call to Order
2. Pledge of Allegiance
3. Mayor's Update
4. Police Update
5. DPW Update
6. Building Department Update
7. Committee Updates
8. Public Comments
9. Tuxedo Road/Causeway Wall
10. Presentation- Library Renovation (B. duPont)
11. Request for Permission to do inside video (B. du Pont)
12. Request by Half-Yard Productions to film in Tuxedo Park
13. Resolution- Allied Biological Proposal for 2013 Algae Management Program (2/19/13)
14. Resolution - AIM Proposal (2/18/13) - 2013 Milfoil Removal
15. Appoint Overton Subdivision-Village Representatives
16. South End Village Property Access
17. Tentative Budget and Set Public Hearing Date
18. Approve BOT Minutes
19. Audit of Claims
20. Adjournment

The Board of Trustees held a Special Meeting on Wednesday, March 20, 2013 at 7 pm. All members were present.

The purpose of the meeting was to discuss the causeway wall and partial Tuxedo Road closure. One of the main issues is determining ownership of the wall. The Village recently found a stamped engineer’s survey of the house located above the causeway wall from 1983. They believe this survey shows that the wall is on private property and thus not owned by the Village. The Village attorney is conducting additional title searches with results expected within a few days.

Village resident Alan Yassky suggested that the Village consider installing a cable and mesh fence to provide temporary support of the wall, thus allowing partial car traffic along the causeway while a long term solution is considered. The Mayor and trustees expressed concern that this solution would substantially increase the cost as well as time needed to fix the wall and open the road. Mr. Yassky commented that Yaboo Fence Co., who recently installed the guide rails on Tuxedo Road does this work. The Village has subsequently obtained an estimate from Yaboo in the amount of $44,740!

Additional solutions discussed include taking the wall down to a safe height and regrading the dirt above the wall. It is believed that this solution will take approximately 7-10 days to complete. The cost is yet to be determined.

A Special Board Of Trustees Meeting will be held on Wednesday, March 20th at 7:00 p.m. in the Village Office for the purpose of discussing the Tuxedo Road causeway wall.

The Village Board of Trustees met on Thursday, February 28, 2013 at 7pm. All members were present.

Mayor’s Update:
Mayor Wilson began by once again commending the DPW for all of their hard work over the course of the last several weeks, commenting that he had driven by the Wee Wah the day before and was happy to report that almost all of the storm debris had been cleared away. Additionally, cleanup at the south end of West Lake Road has been completed.

Town Supervisor, Peter Dolan, has contacted Mayor Wilson in order to get a sense as to whether or not the Village would support his idea of a Bio Mass facility in town, to be located at the site currently occupied by Perfect Cut, and more specifically whether they would be willing to bring debris there. The Mayor responded that the Village remains “cautiously optimistic” about the idea, but that there remain a number of important questions will that need to be answered before the project can move forward. He expressed some concern with regard to whether the facility would be able to accommodate wet mulch and further inquired about the amount of material that would be needed to keep the facility up and running, and where said material would come from if the Town and Village combined could not generate enough. The overall environmental impact of the project must be carefully explored. He wondered what would be done with the resulting sustained energy and suggested that the taxpayers should be the ones to benefit, possibly in the form of discounted power. Finally, the Mayor feels that whatever company the Town might choose to work with should be based in the United States, if not in the state of New York itself.
Trustee Kilduff cautioned that the property in question could only accommodate a limited amount of material and that this material should not be stored there over an extended period of time. He pointed out that the current operator has had a very poor track record in terms of abiding the law and honoring agreements. Mayor Wilson concurred.

The Village is in receipt of a report from CSLAP and although the Mayor has not had much time to review it in detail, it appears that there has been little change in the water quality, which is still rated very highly. The report does indicate that there have been some seasonal ups and downs, but this is something that the Village was already aware of. Water testing and lake maintenance in the Village is an on-going process and the Mayor commented that the Board would be reviewing and discussing new proposals from both Allied Biological and AIM later in the evening.

The Board of Trustees heard tax grievances on February 18. There were 25 applicants.
The Village has secured a rate of $3.5 per gallon for heating oil, which is roughly $1.80 below the retail price. On the recommendation of Trustee Kilduff, it has been determined that the Village will now seek to renew this contract during the summer months, when the cost is typically lower.

Finally, Mayor Wilson reported that he and Trustee Neuhauser had recently been discussing the Village Code and specifically the idea of “cleaning it up a bit” and making what he feels are some long-over due tweeks/updates. Commenting that such an undertaking would certainly be a long term project for the Board, he suggested that they discuss the idea later on in the meeting.

Police Update:
Police Chief Ken Sanford reported the following for the month of January:
Criminal Complaints - 1
Non-Criminal Complaints – 48
Property Damage Complaints – 1
Traffic Summonses – 30
Fire Alarms – 8 (all false)
Intrusion Alarms – 5 (all false)
Additionally, 8,803 non-tagged vehicles entered The Village via the Front Gate.
Together with Trustee Kilduff, the Chief met with the Parents Association at TPS to discuss the Departments’ recent emergency training. The meeting went well and Chief Sanford commented that he believes they are building a strong relationship based on an open dialogue with that group.

DPW Update:
On Behalf of the DPW, Superintendent Jeff Voss reported that February had been a busy month filled with water main breaks, snow events, clean-up at the Wee Wah and tree removal along West Lake Road. One of the aforementioned water main breaks occurred in the East Village tunnel, and Superintendent Voss commented that he sincerely hoped that the Board would be moving forward with repairs there, as they have been discussing over the past several months with Weston and Sampson. There has been a bit of trouble at the Water Plant with the PLC Board, which is the electronic device used to control all of the valves. Apparently, some of the electronic components are becoming obsolete and although Superintendent Voss was able to find to the part he needed, it was rather expensive. He suggested that the Board might want to consider updating or replacing the PLC cabinet moving forward.

Mayor Wilson commented that Supervisor Dolan had suggested that the Village and the Town might consider purchasing a machine to fill the cracks in the roadway, with the equipment cost to be shared between the two municipalities. He wondered what Superintendent Voss thought of this idea.

The Superintendent responded that he felt it might be a better idea to rent the machine and “test drive” it before the Village considered investing in purchase. Although it may seem like a cheaper alternative in the long run to buy the equipment, he expressed some concern about long term maintenance and what those potential costs might be.

Building Department:
There were no new permits for approval, however Building Inspector John Ledwith reported that there were currently several applications before both the B.A.R. and the Planning Board, including one application for a new home at the end of Cliff Road.

The Club has requested permission to remove 21 trees on their property, all of which have been determined to be either dying or dead.

The generator at the South Gate has been installed and should be up and running by March 1.

Mr. Ledwith met with Thomas Butler, a security consultant recommended by Tamir El Reyes, for the purpose of discussing alternate/back-up forms of communication between the two Village Gates during power failures. Mr. Butler has agreed to put together a proposal outlining some options as well as some potential upgrades to the current system.

Committee Updates:
On behalf of the Emergency Committee, Trustee Kilduff reported that the Emergency Room expansion at Good Samaritan Hospital has been completed and services are now up and running. It is important for residents to know, however, that baring certain life threatening circumstances, the Tuxedo Park Ambulance Corps services most local hospitals (O.C. Regional, Valley Hospital, Occasionally Nyack) and will usually bring patients where they want to go.

Resolution – Village Voter Registration Day Opt Out:
The Village is looking to abolish its’ Voter Registration Day, which would require voters to register with the county at least 10 days prior to voting in a local election. The reason for the change is two-fold. Most importantly, there have been several incidences during the past two elections whereby it was discovered that voters had registered in two places, (predominantly NYC as well as the Village) which is illegal. The County has the ability to cross reference voter registrations while the Village does not. Secondly, it has become apparent that some of the poll watchers have not been “on top of their game” in recent elections and there have been some questionable issues of bias. Therefore, the Mayor feels that the most efficient thing to do is to take the process out of Village hands and give it to the County to manage.

There was some discussion about the process involved with cross checking voter registrations, following which the Board voted unanimously in favor of the abolishment. It was agreed that a letter would be sent to residents and a notice posted to the Village website clearly outlining what the voter registration process will be moving forwardAnnounce Village Election for June 18 – Mayor and 2 Trustee Positions:

Mayor Wilson announced that the Village Election will take place on June 18, 2013 from 7am-9pm in the Village Hall. The position of Mayor as well as two Trustee seats will be open.

Weston & Sampson Porposal (2/25/13) – Boundary Line Survey and Mapping.Wee Wah Dam/Weston & Sampson/Kenyon Pipeline Inspection Proposal (2/26/13) – CCTV of Wee Wah Dam:
There was a brief discussion of the proposals. The money for this project has been budgeted and the Village is ready to proceed. Trustee Heywood expressed some concern that the proposed cost of $5,900 for survey work might be too high. It was determined that John Ledwith would obtain 3 additional quotes in order to provide a comparison. The Board then voted unanimously in favor of approving both proposals, the first of which will be subject to review of the survey quotes once received.

Allied Biological Proposals (8) (2/19/13) – 3 Village Lakes – Mapping and Surveys for 2013/ AIM Proposal (2/18/13) – 2013 Milfoil Removal:
The Board discussed the proposals before them at some length. It was agreed that ongoing lake management is crucial being that the Lakes are the Village’s most important resource. That being said, the Board agreed that they would like some input from the Environmental Committee, namely Susan Goodfellow and Jim Hays, before making any decisions about which of the proposed studies were absolutely necessary at this time. DPW Superintendent Jeff Voss cautioned that algae control might need to commence as early as April and therefore, a decision must be made sooner rather than later. Following some further discussion, it was agreed to table the proposals until the March meeting.

The first is from Peter Regna, who is requesting permission to host a Classic Car Owners Club luncheon, which will include roughly 50 couples and their classic cars. It was agreed that this request should be granted.

The second is from Loretta Davis on behalf of St. Mary’s Episcopal Church. The Church will be holding its annual triatholon fundraiser a part of which will involve cyclists coming through the Village from the Church to the North Gate. It was agreed that this request should be granted but that the Church must provide the Village with a certificate of insurance for the event.

Code Revision:
The Board discussed the idea of making revisions to the Village Code. When asked how they should initiate the process, Village Attorney Rick Golden suggested that the Board begin by reviewing the code to see if anything therein seemed contrary to the law, however he pointed out that their focus would depend on what they as a Board believed to be important. Speaking personally, he commented that the procedures laid out within the code for the BAR, and specifically the process that is set forth, can often times be problematic as many applications to not fit the mold, so to speak. In his personal view, it might be wise to reflect on this and possibly consider revisions.

Deputy Mayor duPont suggested that the sections dealing with fines should be updated. In his view, fines are meant to discourage residents from unauthorized activity and the Board might want to consider increasing the amounts.

Other ideas such as stiffer penalties for residents who ignore Village requests (removal of dangerous trees/hazards in particular), regulation of oil and fuel tanks around the lake and construction on the lake were briefly discussed. The Deputy Mayor announced that he would review the code over the course of the next several weeks and attempt to identify 3 key areas for the Board to focus on. The process for modifying a local law was also briefly reviewed.

1. Call to Order
2. Pledge of Allegiance
3. Mayor's Update
4. Police Update
5. DPW Update
6. Building Department Update
7. Committee Updates
8. Public Comments
9. Resolution- Village Voter Registration Day Opt Out
a. Announce Village Election for June18th (7am-9pm), Mayor & 2 Trustee positions
10. Weston & Sampson Proposal (2/25/13)- Boundary Line Survey and Mapping/Wee Wah Dam
11. Weston & Sampson/Kenyon Pipeline Inspection Proposal (2/26/13)-CCTV of Pipe in Wee Wah Dam
12. Allied Biological Proposals (8) (2/19/13)- 3 Village Lakes- Mappings & Surveys for 2013
13. AIM Proposal (2/18/13) - 2013 Milfoil Removal
14. Letters of Request - Davis & Regna
15. Approve BOT Minutes
16. Audit of Claims
17. Adjourn to Executive Session to discuss proposed Litigation/parcel 106-1-22
18. Adjournment

The Village Board of Trustees met on Tuesday, January 22 2013. All members were present.

Mayor’s Update:
Mayor Wilson began his update by commenting that since President Obama had decided to give a State of the Union Address, he thought it might be appropriate to give a State of The Village address as well. To this end, he jotted down a list of some of the issues that the Village dealt with over the course of the last year and he thought it would be helpful to go over them.

Before beginning on that, however, he remarked that he had had a great time at the recent Ambulance Corps Dinner courtesy of Trustee (and Ambulance Corps President) Kilduff. The event afforded him the opportunity to sit down and have dinner with Town Supervisor Peter Dolan and his wife Alison as well as Town of Tuxedo Police Chief Patrick Welsh and Detective Stephan Christian. In his view, there is value in bringing key members of the community together to “break bread” in this way as it helps to break down some of the barriers that might otherwise be in place and make good progress. The Mayor and Supervisor talked about a number of things during the event and Mayor Wilson believes that there is a possibility that the Supervisor might entertain the idea of a Biomass facility, which could in turn possibly be tied into some sort of mulch pile solution. This idea is just conjecture at this point, but it was discussed none-the-less, which the Mayor views as a step in the right direction.

With regard to the Village Budget, Mayor Wilson reported that income and expenses are running at roughly 57% of the projected number, which is right on target. Noting that Deputy Mayor du Pont would be giving a more in depth budget review later in the meeting, he commented that in his view the most important thing was that the Village had not needed to tap into the appropriated surplus, which indicates that there have not been too many “rainy days” to contend with. (Although there have been a couple of Hurricanes!)

As far as Committees go, the Mayor has heard nothing but positive things about the Board of Architectural Review. The Planning Board has done a lot of good work with the Overton Subdivision. The Zoning Board has not been too busy, which is generally a good sign.
Both the Police Department and the DPW are doing a great job. The Police are currently working with TPS on some public safety prevention measures and the DPW is doing a good job with continuing to clean from the storm. Trustee Neuhauser will also be looking into a salt shed over the next couple of months.

The Village has been looking at the “keep” at the Police station (the tall tower) and is collecting bids for re-pointing. Additionally, they are looking into roof repairs and new windows there.

The South Gate house has been renovated and the property is being rented to a Town Police Officer.

The Village continues to work on the Wee Wah Dam engineering plans with the DEC. They hope to be in front of the DEC with finalized plans by the summertime which would allow them to begin bidding out the project either in the fall or at the beginning of 2014.
With the help of John Ledwith, the Village was successful in getting a Natural Gas line into the Park and to St. Mary’s, which should help the church with expenses moving forward. The long term plan for the Village is to pursue proposals to possibly bring the line further into the Village and up to the Water Plant.

The Mayor has begun talking to both the Dish Network and a company called Novarm about a super wifi network, which he believes could be helpful during extended power outages as it would allow people to stay connected. This is still in the early stages, but the Mayor is optimistic about it. John Ledwith was successful in getting generators installed at the Police Department, the DPW and the Village Office.

The Village also has ongoing Lake Management studies, focusing on Eurasian Milfoil and possible contamination from the Mulch Pile.

The Deer Management program should be beginning within the next month or two. There are some issues with the DEC stemming from a lawsuit with Vassar College and so the number of permits issued may not be the same as last year. The Village should know more about this within the next month.

Finally, and almost most importantly, the Village is not currently involved in any lawsuits, which is definitely a good thing.

Police Update:
Police Chief Ken Sanford reported the following for the month of December:
Noncriminal Complaints – 29
Property Damage Accidents – 3
Traffic Tickets Issued – 12
Fire Alarms – 4 (false)
Intrusion Alarms – 4 (false)
Medical Calls – 4
Assists Given to Town of Tuxedo Police – 2
Assists Received From Town of Tuxedo Police – 1
Additionally, 7,496 untagged vehicles entered the Village via the Front Gate.

Officer Taeback met with TPS Headmistress Kathleen McNamara and some of the TPS faculty in advance of two days of SWAT training with the Orange County Sheriff Department for the entire VTP force. (January 23 and 24) The purpose of the training is to prepare Village Police in case there should ever be an incident with an active shooter. TPS has generously offered to allow training inside the school building, although the training is not taking place in conjunction with the school per say. 5 or 6 officers from the Town of Tuxedo Police Department will also attend the training, which is being funded entirely through grant money.

DPW Update:
On behalf of the DPW, Superintendent Jeff Voss reported that storm clean-up continues. Most of the logs at the Wee Wah have been cleaned up and they continue to work on brush removal.

There followed a discussion with regard to whether or not the Village should continue to allow residents and contractors to continue dump storm related refuse at the Wee Wah and if so, for how long. Superintendent Voss reported that he had told the Police Department that they did not need to have a guard at the site at all times, as there were not too many people coming and going and he felt that his department could handle the oversight. That said, he cautioned that the Village might want to be more diligent about exactly what was being brought in by the contractors and specifically whether or not the trees and brush being dumped there were a result of the storm or simply a part of fall clean-up. Following some further discussion, it was agreed that the Village would bring in enough dumpsters to clear the site as quickly as possible after which dumping would be moved back to the area across the street, where it historically took place. The Wee Wah site should be clear from logs and brush within a month’s time. Superintendent Voss agreed that he would inform the local contractors.

Building Department Update:
Click here to view a copy of the Building Department Report for the month of December.

Committee Updates:
Although there were no committee representatives present, Mayor Wilson commented that Michele Lindsay from the Village Improvement Advisory Committee (VIAC) had come before the Board several months back with some ideas, one of which was replacing clustered mailboxes throughout the Village with new, uniform fittings, which he believes is a good idea to pursue. The Mayor also suggested that the Village might want to pursue the idea of updating the Road signs, which are currently bright green, to something a little less “suburban.” Commenting that something like this would obviously have to go through the BAR process, he asked the Trustees for their feedback on the idea.

The Deputy Mayor responded that pursuing a project of this nature would depend heavily on the cost, as there are a lot of road signs that would need to be replaced.

Chief Sanford suggested that they should check with the Department of Transportation to make sure that making a change of this nature would be permissible.

Building Inspector Ledwith commented that he believes that there are communities with more decorative signs than the bright green ones found in the Village.

Mayor Wilson stated that he had been thinking of wood signs, but Trustee Neuhauser pointed out that these would need maintenance. The Mayor agreed with this, but stated that he felt the green signs currently in place are more in keeping with a new development than a nationally registered Historic District.

Budget Overview:
Chief Budget Officer David du Pont provided the Board with a budget update as follows:
December was the 7th month of the fiscal year, which represents 58% of the budget year. Therefore in most cases, corrected for debt servicing which occurs at odd times, everything should be at or close to 58%.

The Water Fund – Revenues are at 55.1% with no appropriated surplus used. There remain $18,100 of water fund levees that have yet to be transferred to the Water Fund budget, which will move things up roughly 1%. Expenses, less debt service, stand at 59%. Included in expenses are $8,800 to repair a water leak on Route 17 (not anticipated or budgeted for) and $7,500 for engineering done on the Mountain Farm Pump Station. In summation, the Water Fund is in good shape.

The General Fund – 88% of the total general fund is funded by property taxes. The total budget was $3.8 million and it is currently at 87% with no appropriated surplus used. From a revenue perspective, the fund is in pretty good shape. There is an additional $195,600 of tax levees that will come in during the month of April, along with penalties of $17,600. In other words, a total of $213, 200 is not yet in the revenue side of the budget, but it will come in by the end of April. Expenses, less debt service, stand at $2,045,000 for the first 7 months and this represents 57.7% of the budget. $18,126 has been refunded this fiscal year on property taxes. (This is for residents who grieved their property taxes and were awarded partial relief) $41,000 has been spent YTD on Lake Management and Watershed studies. Given the nature of what has been going on in the Town, Deputy Mayor du Pont feels that the Village will need to continue to stay on top of this and budget for these types of studies.

Wee Wah Beach Club Lease Agreement:
The Wee Wah Beach Club’s lease is up for renewal. The Mayor met with Bonny Takeuchi and Mary Graetzer, representatives for the Club, to discuss the terms of the lease. The Club is looking for relief from item #17 in the lease agreement, which requires them to employ a Beach Manager at a cost of roughly $3,000. The original impetus behind the requirement was that there were a bunch of troublesome teens causing problems, which required oversight, however these kids have moved on and there is no longer a need for the position. Given the fact that both the Mulch Pile and the necessary repairs to the Wee Wah Dam have caused a sharp decrease in membership, the Club is looking for ways to save money, and eliminating this position is one way to do that.

Trustee Heywood inquired as to whether eliminating the position would create any liability issues for the Village and was informed that it would not.

The Mayor then raised the issue of speeding in the area of the Beach Club, commenting that because a lot of residents walk there it is an important issue to consider. He then suggested that moving forward the Village might consider looking into movable white picket fences, which would create almost an obstacle course for drivers, but the Fire Department would still be able to get through with ease if need be. The Trustees agreed that these were a good idea.

Finally, Mayor Wilson brought up the Beach Club’s annual fee of $5,000. The original idea behind instituting this fee was that the money would go into a fund to be used for capital improvements to the property. However, as a result of Ciano Bacteria Blooms, the Mulch Pile and Dam repairs (which require the level of the lake to be kept low) the Club’s membership has decreased by roughly 50% and $5,000 seems to the Mayor to be a very high number for them to have to pay. Therefore, he proposed that for the term of the next contract (3 years) the Village should charge the club an annual fee of $1. He further commented that once the dam was repaired and there was further clarity regarding any potential water quality issues, they could revisit the idea of a more nominal fee.
The Deputy Mayor commented that he was strongly in favor of this.

Following some brief discussion, the Board voted unanimously in favor of renewing the contract with the Wee Wah Beach Club for a term of 3-years with the previously mentioned changes.

Weston & Sampson Proposal – SSES Phase 2 (I&I Remediation):
There was a brief discussion regarding the cost of the project, $100,000.

Deputy Mayor du Pont commented that the expense could eventually be capitalized when debt is issued.

Trustee Heywood stated that there really was no alternative, as implementation of the project was an enforcement condition of the Village’s SPDEF permit.

I. Call to Order
2. Pledge of Allegiance
3·. Mayor's Update
4. Police Update
5. DPW Update
6. Building Department Update
7. Committee Updates
8. Public Comments
9. Weston & Sampson Proposal - SSES Phase 2 (I&I Remediation)
I 0. Audit of Claims
11. Adjournment