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Agenda for Town Board Meeting December 30, 2010

Call to Order
Pledge of Allegiance

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

Adjournment

Town Board Meeting December 13, 2010

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

Town Supervisor/Town Board Update:

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

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

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

Resolutions:

The following resolutions were passed:

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

Other Business:

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

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

Agenda For Town Board Meeting December 13, 2010

Call to Order
Pledge of Allegiance

Minutes
Monthly Reports
Public Comments on Agenda Items

1. Town Supervisor/Town Board Update

2. Resolution to Schedule 2011 Reorganization Meeting

3. Resolution to Appoint Town General Liability Insurance Company

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

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

Public Comments
Budget Transfers
Vouchers

Adjournment

Town Board Meeting November 22, 2010

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

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

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

Public Hearing on 2011 Woodlands Sewer rates:

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

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

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

Public Comments on Agenda Items:

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

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

Resolutions:

The following resolutions were passed:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Agenda for Town Board Meeting November 22, 2010

Call to Order
Pledge of Allegiance

Special Meeting to Receive Advice from Counsel

MOMENT OF SILENCE TO HONOR MEMORY OF JAMES H. BARTH

Public Hearings:

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

Minutes
Monthly Report
Public Comments on Agenda Items

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

Public Comments
Budget Transfers
Vouchers
Adjournment

Town Board Meeting November 8, 2010

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

The meeting began with two public hearings.

Public Hearing on 2011 Preliminary Budget:

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

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

There were no comments on these rates.

Public Comments on Agenda Items:

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

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

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

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

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

Town Supervisor/Town Board Update:

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

Resolutions:

The following resolutions were adopted:

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

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

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

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

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

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

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

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

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

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

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

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

Public Comments:

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

Agenda for Town Board Meeting November 8, 2010

Call to Order

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

Minutes
Monthly Reports

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

Public Comments
Budget Transfers
Vouchers
Adjournment

Town Board Meeting October 25, 2010

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

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

Town Supervisor/Town Board Update:

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

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

Resolution:

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

Reminder:

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

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

Agenda For Town Board Meeting October 25, 2010

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

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

Public Comments
Budget Transfers
Vouchers
Adjournment

Town Board Meeting October 12, 2010

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

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

Presentation by New Horizon Community Corp:

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

Budget:

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

Resolutions:

The following resolutions were passed:

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

Public Comments:

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

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

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

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

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

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

Agenda for Town Board Meeting October 12, 2010

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

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

Public Comments
Budget Transfers
Vouchers
Adjournment

Agenda for Town Board Meeting October 7, 2010

Call to Order
Pledge of Allegiance

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

Adjournment

Agenda for Town Board Meeting Sept. 28, 2010

Call to Order
Pledge of Allegiance

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

Adjournment

Town Board / Tuxedo Reserve Workshop Meeting September 23, 2010

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

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

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

The following were also discussed:

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

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

Town Board / Tuxedo Reserve Workshop Meeting September 13, 2010

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

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

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

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

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

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

Town Board Meeting September 13, 2010

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

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

There were no public comments on agenda items

Town Supervisor/Town Board Update:

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

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

Resolution:

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

Reminders:

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

Other Business:

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

Public Comments:

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

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

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

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

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

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

Town Board / Tuxedo Reserve Workshop Meeting September 9, 2010

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

Town Consultants: Bonnie Franson, Jeff Marsden and Bill Parry

Tuxedo Reserve representatives: Steve Barshoff and Andrew Dance

Meeting started: 5:45

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

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

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

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

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

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

Drainage in the Mountain Lake and Tuxedo Lake watersheds

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

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

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

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

“Adverse Impacts”

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

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

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

Call to Order
Pledge of Allegiance

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

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

Adjournment

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

Call to Order
Pledge of Allegiance

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

Regular Meeting

Moment of Silence to Honor Memory of Kevin McDevitt

Minutes
Monthly Reports
Public Comments on Agenda Items

1. Town Supervisor/Town Board Update

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

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

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

Public Comments
Budget Transfers
Vouchers

Executive Session for the purpose of discussing personnel salary matters

Adjournment

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

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

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

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

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

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

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

Call to Order
Pledge of Allegiance

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

Adjournment

Town Board Meeting August 30, 2010

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

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

Public Comments on Agenda Items:

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

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

Town Supervisor/Town Board Update:

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

Resolutions:

The following resolutions were passed:

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

Discussion of Distribution of Robin Hood Road Rally Funds:

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

Executive Session:

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

Public Comments:

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

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

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

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

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

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

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

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

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

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

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

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

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

Call to Order
Pledge of Allegiance

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

Adjournment

Agenda for Town Board Meeting August 30, 2010

Call to Order
Pledge of Allegiance

Minutes
Monthly Reports
Public Comments on Agenda Items

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

Public Comment
sBudget Transfers
Vouchers

EXECUTIVE SESSION for the purpose of discussing Police personnel matters

Adjournment

NEW VOTING MACHINE DEMONSTRATION

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

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

Town Board / Tuxedo Reserve Workshop Meeting August 9, 2010

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

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

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

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

Town Board / Tuxedo Reserve Workshop Meeting August 5, 2010

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

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

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

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

Agenda for Town Board Voucher Meeting August 10, 2010

Call to Order
Pledge of Allegiance

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

Adjournment

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

Call to Order
Pledge of Allegiance

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

Adjournment

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

Call to Order
Pledge of Allegiance

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

Adjournment

Town Board / Tuxedo Reserve Workshop Meeting July 29, 2010

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

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

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

Town Board Meeting July 26, 2010

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

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

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

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

The following resolutions were passed:

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

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

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

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

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

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

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

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

Town Sets Dates for Workshops on Tuxedo Reserve

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

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

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

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

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

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

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

Call to Order
Pledge of Allegiance

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

Adjournment

Agenda for Town Board Meeting July 26, 2010

Call to Order
Pledge of Allegiance

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

Minutes
Monthly Reports
Public Comments on Agenda Items

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

Public Comments
Budget Transfers
Vouchers

Adjournment

Town Board Tuxedo Reserve Workshop Meeting July 8, 2010

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

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

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

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

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

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

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

Agenda for Town Board Voucher Meeting July 9, 2010

Call to Order
Pledge of Allegiance

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

Adjournment

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

Call to Order
Pledge of Allegiance

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

Adjournment

Town Board Workshop on Tuxedo Reserve July 1, 2010

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

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

Town Board Meeting June 28, 2010

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Agenda for Town Board Meeting June 28, 2010

Call to Order
Pledge of Allegiance

Minutes
Monthly Reports
Public Comments on Agenda Items

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

Public Comments
Budget Transfers
Vouchers

Adjournment

Town Board Meeting June 14, 2010

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

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

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

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

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

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

The following resolutions were passed:

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

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

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

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

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

Call to Order
Pledge of Allegiance

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

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

Minutes
Monthly Reports
Public Comments on Agenda Items

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

Public Comments
Budget Transfers
Vouchers

Adjournment

Town Board Meeting May 24, 2010

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

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

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

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

Resolutions:
The following resolutions were passed:

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

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

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

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

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

Agenda for Town Board Meeting May 24, 2010

Call to Order
Pledge of Allegiance

Minutes
Monthly Reports
Public Comments on Agenda Items

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

Public Comments
Budget Transfers
Vouchers

Adjournment

Town Board Meeting May 10, 2010

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

Town Supervisor/Town Board Update:

Supervisor Dolan announced that:

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

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

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

Resolutions: The following resolutions were passed:

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

Agenda for Town Board Meeting May 10, 2010

Call to Order
Pledge of Allegiance

Minutes
Monthly Reports
Public Comments on Agenda Items

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

Public Comments
Budget Transfers
Vouchers

Adjournment

Town Board Meeting April 26, 2010

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

Town Supervisor/Town Board Update:

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

Acknowledgment of Thank You to Town Board and Highway Department.

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

The following Resolutions were passed:

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

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

Public Comments:

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

Agenda for Town Board Meeting Aprll 26, 2010

Call to Order
Pledge of Allegiance

Minutes
Monthly Reports
Public Comments on Agenda Items

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

Public Comments
Budget Transfers
Vouchers

Adjournment

Town Board Meeting April 12, 2010

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

Town Supervisor/Town Board Update:

Supervisor Dolan made the following announcements:

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

Update by County Legislator Daniel Castictone:

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

Resolutions:

The following resolutions were passed:

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

Agenda for Town Board Meeting Aprll 12, 2010

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

Regular Meeting
Call to Order
Pledge of Allegiance

Minutes
Monthly Reports
Public Comments on Agenda Items

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

Public Comments
Budget Transfers
Vouchers

Town Board Meeting March 22, 2010

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

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

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

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

Town Supervisor/Town Board Update:

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

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

The following resolutions were passed:

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

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

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

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

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

Town of Tuxedo Amends Towing Law

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

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

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

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

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

Dated: March 15, 2010

TOWN OF TUXEDO
INTRODUCTORY LOCAL LAW
AMENDMENT OF TOWING LOCAL LAW

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

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

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

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

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

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

Agenda for Special Town Board Meeting March 15, 2010

Call to Order
Pledge of Allegiance

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

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

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

Adjournment

Town Board Meeting March 8, 2010

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

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

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

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

Resolutions:

The following resolutions were introduced and passed:

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

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

Other Business:

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

Public Comments:

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

Agenda for Town Board Meeting March 8, 2010

Call to Order
Pledge of Allegiance

Minutes
Monthly Reports
Public Comments on Agenda Items

1. Town Supervisor/Town Board Update

2. Resolution to Appoint Members to Various Boards

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

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

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

Public Comments
Budget Transfers
Vouchers

Adjournment

Town Board Meeting February 22, 2010

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

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

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

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

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

The following resolutions were also passed:

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

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

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

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

Agenda for Town Board Meeting February 22, 2010

Executive Session

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

Regular Meeting

Call to Order
Pledge of Allegiance

Moment of Silence and Reflection to Honor Memory of Scott Jenkins

Minutes
Monthly Reports
Public Comments on Agenda Items

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

Public Comments
Budget Transfers
Vouchers
Adjournment

Town Board Meeting February 8, 2010

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

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

Peter Dolan, Town Supervisor

Clifford Londar, Councilmember

Lisa Spivak, Councilmember

Edward Pfizenmaier, Highway Superintendent

Shawn M. Brown, Town Justice

Town Supervisor/TownBoard Update:

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

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

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

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

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

The following resolutions were passed:

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

Other Business:

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

Public Comments:

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

Agenda for Town Board Meeting February 8, 2010

Call to Order
Pledge of Allegiance

Administration of Oaths of Office of Elected Officials

Minutes
Monthly Reports
Public Comments on Agenda Items

1. Town Supervisor/Town Board Update

2. Resolution to Approve Annual Towing Permits

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

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

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

Public Comments
Budget Transfers
Vouchers

Adjournment

Agenda for Special Town Board Meeting February 3, 2010

Call to Order
Pledge of Allegiance

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

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

Adjournment

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

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

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

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

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

The following appointments were made:

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

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

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

In addition, the following appointments were made:

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

And the following assignments were made:

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

The regular bi-monthly meeting of the Board followed.

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

The following resolutions were passed:

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

Public Comments:

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

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

Agenda for Town Board Meeting January 25, 2010

Call to Order
Pledge of Allegiance

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

Administration of Oaths of Office of Elected Officials

2010 Reorganization Meeting

Regular Bi-Monthly Meeting

Minutes
Monthly Reports
Public Comments on Agenda Items

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

Public Comments
Budget Transfers
Vouchers

Adjournment

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

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

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

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

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

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

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

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

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

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

The public question and answer period followed the presentation.

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

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

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

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

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

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

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

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

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

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

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

Agenda for Town Board Meeting January 11, 2009

Call to Order
Pledge of Allegiance

Public Informational Meeting

Tuxedo Reserve “Smart Code”

Regular Meeting

1. Resolution to Set Schedule of 2010 Town Board Meetings

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

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

Budget Transfers
Vouchers

Adjournment

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

Call to Order
Pledge of Allegiance

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

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

Adjournment

Agenda for Town Board Meeting December 31, 2009

Call to Order
Pledge of Allegiance

1. Review and approval of vouchers

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

Adjournment

Town Board Meeting December 14, 2009

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

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

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

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

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

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

The following resolutions were passed:

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

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

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

Detailed Account of the November 23 Public Hearing for Tuxedo Reserve

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

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

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

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

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

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

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

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

Next, the following Tuxedo residents spoke:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Allan Barnett: Click here to read Mr. Barnett’s remarks

John Kilduff: Thank you, Mr. Supervisor for allowing me to supplement my previous comments with these remarks.

As I mentioned, previously, and I continue to remind my fellow citizens, we are here to comment on the applicant's Draft Supplemental Environmental Impact Statement (“DSEIS”). By now, after all the input from concerned citizens, it should be clear the DSEIS is woefully inadequate, incorrect, and, unfortunately, misleading. The Town Board has a sound legal basis to deny the applicant’s proposed amendments to the special permit issued in 2004, based upon the objections raised over the DSEIS during the course of the past two hearings.

In furthering the ability of the Town Board to reject the proposed amendments, I reference the DSEIS.

The DSEIS states the following: “soils present above the bedrock in the proposed clubhouse area will provide a filtration barrier between the ground surface and the underlying ground water system.”

The above assertion is simply not credible. Well logs of well numbers WC-1 and WC-4 (the wells nearest to the referenced site) show very thin soil levels, measuring a mere 6 inches at WC-1 and 3.5 feet and WC-4. After intended site preparation, these thicknesses could be even less. Even with normal levels of porosity, these levels of thickness are too thin to provide any significant protection to the groundwater.

Citing homes in the Mountain Lake area, and the project as a whole, represents an unmitigated threat to the drinking water of Tuxedo Park residents who get their water from Tuxedo Lake, and millions of people downstream along the Ramapo River watershed.

This is one of several threats to our community ranging from financial, traffic, wildlife, and overall quality of life.

We have provided you, the Town Board, with an overwhelming set of detailed threats and deficiencies that warrant the conclusion the community seeks, regarding the amendments to the special permit: application denied.

I thank you for your time, and I realize that you’re up against a formidable applicant, in the form of the related Companies. I tell you, however, that you are not alone. We, in the community, have worked to cite chapter and verse of deficiencies with this DSEIS.

Let us help you.

We have legions of supporters to help dissect this application and its impacts further. As you have heard, tonight, we also have an alternative that will benefit the entire region.

Again the only sensible conclusion to this process is: Application denied!

Thank you.

John P. Kilduff
3 Crows Nest Road
Tuxedo Park, NY 10987

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

Kristia Cavere: Click here to read Ms. Cavere’s remarks

Nadia Cadadero: Click here to read Ms. Cadadero’s remarks

Uli Pendl: Click here to read Mr. Pendl’s remarks

Lesley Devore: Click here to read Ms. Devore’s remarks

Keevie Silvay: Click here to read Mrs. Silvay’s remarks.

Patsy Wooters: stated that one issue that come up in the two public hearings was the welfare of the projected homeowners association. She gave the example of Pierson Lakes in Sloatsburg, Ny. The Pierson family tried to pull off a large development of 74 high-end homes, but it didn’t work out and in 2004, the project was sold to Byron Hill. Since then, Byron Hill has stiffed the Homeowners Association on their dues. They currently owe over a million dollars.They also have submitted annual offerings without notifying the homeowners, which is in violation of their agreements. Tuxedo Reserve is a development that depends on a successful Homeowners Association, but if Related sells it to someone else, there is no guarantee as to who that will be and how they will behave. This is something else to consider in a fiscal analysis.

Agenda for Town Board Meeting December 14, 2009

Call to Order
Pledge of Allegiance

Public Hearings:

Woodlands Sewer Rates
Local Law Entitled “Storage in Residential Yards”

Minutes
Monthly Reports
Public Comments on Agenda Items

Town Supervisor/Town Board Update
Acknowledgment of Last Day of Employment of Police Chief Daniel Carlin on 12/31/2009
Resolution to Confirm Permanent Appointment of Police Officers Gerard Shiloh and Daniel J. Sutherland
Resolution to Approve Woodlands Sewer Rates
Resolution to Schedule Informational Public Meeting regarding Smart Code on 01/11/2010
Resolution to Schedule Reorganization Meeting/Regular Bi-Monthly Meeting on 01/25/2010
Any other business as may come before the Board after this Agenda is posted

Public Comments
Budget Transfers
Vouchers
Adjournment

Town Board Meeting November 23, 2009

The Town Board met on Monday, November 23, 2009 at 7:30 pm. All members were present.

Public Hearings:

Tuxedo Reserve Draft Supplemental Environmental Impact Statement
Proposed Amendments to Special Permit and Preliminary Plan
Introductory Law Entitled “Tuxedo Reserve Rezoning”
Introductory Law Entitled “Amendments to Local Law No 4A of 1998”

The hall was packed with both residents and non-residents. The non-residents were the first to speak, and they raised concerns about

The number of actual proposed lots in the subdivision (the speaker pointed out that there is an application in Sloatsburg for 1 lot making the total number of lots 1196, one more than the Special Permit allows)

Endangered, threatened and special concern species on the site.
The effect of the bedrock fractures on the water supply
The wetlands on the site
The runoff into the Ramapo River
The Ramapo River Watershed
Wastewater treatment
The effects of blasting on the watershed

Following these statements, over 30 Town residents spoke on the following subjects:

The structure of the Town Board’s review of the project
The ability of the Town Fire Departments to adequately protect homes in the project
The possible desecration of Native American artifacts
Who will pay for the infrastructure required to house the Library within the project
The requirements of the Library to serve the people of Tuxedo Reserve
Information missing from the SDEIS
Flaws in the DSEIS
Species of Special Concern not mentioned in the DSEIS
The financial health of Related Companies AND it’s backers
The importance of Tuxedo in the Hudson Highlands
The Smart Code
The amount of commercial space proposed for the development
Archeology of the site
The fiscal impact of the project
The Groundwatern resources on the site
Related’s track record in Snowmass, Colorado
The welfare of the Homeowners’ Association

After considering all the options with Town Attorney Don Nichols, the Board decided to close the Public Hearing. Public comments will be accepted until January 1. The Supervisor will try to set up a workshop with the applicant and the Town’s consultants on the subject of the Smart Code. After that occurs, more public comment may be heard.

*A more detailed account of the Public Hearing, including many statements in their entirety, will posted as soon as possible

During the meeting that followed the hearing, the following resolutions were passed:

A resolution to reappoint Charles Jones as Fire Commissioner for the Tuxedo Joint Fire District
A resolution to exercise extension #2 of Moratorium on Outdoor Wood-Burning Furnaces. This would extend the moratorium for 3 months.
A resolution appointing Robert Marsh, Sr.as Seasonal Snow Plow Operator

Couincilman Castricone reported that the residents of Maplebrook are still having a problem with their water. When this issue first came to light in July, United Water promised to set up a polyphosphate system and filtration. Residents thought the polyphosphate system had been set up and were waiting for the filtration, but they have discovered it has already been done. United Water has never notified anyone of its completion. People are still complaining and there are many complaints of rashes. One resident has tested for radon. Councilman Castricone invited Michael Pointing, a representative from United Water, to come to a community meeting in Maplebrook, but this invitation has been ignored. It was decided, therefore, to invite Mr. Pointing or any other representative of United Water to appear at the next Town Board meeting. Residents of Maplebrook will be notified so they can attend and ask questions.

Agenda for Town Board Meeting November 23, 2009

Call to Order
Pledge of Allegiance

Public Hearings

Tuxedo Reserve Draft Supplemental Environmental Impact Statement
Proposed Amendments to Special Permit and Preliminary Plan
Proposed Rezoning
Introductory Local Law Entitled “Amendments to Local Law No. 4A of 1998”

Regular Meeting

Resolution to Reappoint Charles Jones as Fire Commissioner for the Tuxedo Joint Fire District
Resolution to Exercise Extension #2 of Moratorium on Outdoor Wood-Burning Furnaces
Any other business as may come before the Board after this Agenda is posted

Budget Transfers
Vouchers

Adjournment

Town Board Meeting November 9, 2009

The Town Board met on Monday, November 9, 2009 at 7:30 pm. All members were present.

The meeting began with a moment of silence for lifelong resident Marion Mottola who died recently.

Continuation of Public Hearing on 2010 Preliminary Budget:
The tax rates for 2010 will rise 3.92% in the Village (or $13 for every 100,000 of assessed property value) and 3.84% in the Town (or $29 for every 100,000 of assessed property value.) There were no public comments on the budget.

Continuation of Public Hearing on 2010 Hamlet Sewer Charges:
There were no comments from the public and the hearing was closed.

Town Supervisor/Town Board Update:
Supervisor Dolan congratulated all those who won elected office in last week’s election, including Cliff Loncar and Lisa Spivak to the Town Board, Shawn Brown as Town Justice, Ed Pfizenmaier as Highway Superintendent, Peter Dolan as Supervisor and Dan Castricone as County Legislator.
He then reported having receivied a letter from School District Superintendent Joseph Zanetti thanking the police department for their part in a recent “K9 search for contraband exercise” which was held at the High School. (no drugs were found).

Councilman Castricone, speaking as the Chairman of the Town Republican Party, commented that he thinks the Town should raise the salary of the Town Councilmen. The annual salary of $5800 is not enough, in Casticone's opinion, and it needs to be higher in order to attract more qualified candidates. Supervisor Dolan agreed with this opinion and said he felt the jobs of Councilman and Supervisor were becoming too onerous for part timers. Councilperson Spivak disagreed, saying that she was not serving on the Board for the money.

The following resolutions were passed:

A Resolution to adopt the 2010 Final Budget
A Resolution to schedule a Public Hearing to receive comments on the Woodlands Sewer rates for December 14 at 7:30 pm. There are no changes to the rates which have remained the same for 10 years!
A Resolution to oppose NYC DEC ban on residential outdoor burning of brush and leaves. The ban states that towns of 20,000 or less cannot burn leaves although one can burn branches and limbs. This was done at the request of Assemblywoman Annie Rabbit.
A Resolution to introduce a Local Law entitled “Storage in Residential Yards.” This would make it illegal to store trailers and firewood in one’s front yard. Access to the back yard and side yard cannot be blocked and all wood and trailers must be moved away from the street. This law is still a work in progress.

Public Comments:
Mary Graetzer inquired about the status of the business for the train station and was told that Supervisor Dolan is still waiting to hear from the candidate. He said that in light of the Board of Health’s ruling about the building, the project would very like come back to the Town Board for discussion. Mrs. Graetzer suggested that since the original RFP had been misleading (stating that there was a commercial grade kitchen when there is not) it might be a good idea to scrap what’s been done and start over with a new, correct RFP so that everyone is on the same page. The Board commented that this might be necessary.

Mrs. Graetzer also inquired about the possibility of moving the November 23rd continuation of the Public Hearing on Tuxedo Reserve to a larger venue than the Town Hall. She was told that it was legally impossible to change the venue as the Board is legally required to give 15 days notice for such a change and the meeting is less than 15 days away. However, the Supervisor stated that should the hearing be continued again, it would be held at a larger venue with a public address system.

Andy Berish, speaking for the Silver Dollars, thanked the Board for the stipend, which that group will receive as part of the 2010 Budget.

Frank Peverly requested that the Town think about appointing an alternate to the Zoning Board.

Detailed Account of October 26 Public Hearing on Tuxedo Reserve

Public Hearing on Tuxedo Reserve Proposed Special Permit Amendments, the Draft Supplemental Environmental Impact Statement (DSEIS) and Proposed Resoning held on October 26, 2009:

Supervisor Dolan opened the Public Hearing by reading the official procedures and rules of conduct for Public Hearings. Speakers were asked to confine their comments to the following subject matter:

the draft Supplemental Environmental Impact Statement for Tuxedo Reserve
a proposed revised Special permit for Tuxedo Reserve
a local law amending Local Law #4A of 1999 as relates to the minimum number of single family residential units required as part of Tuxedo Reserve and
a local law amending the zoning map within Tuxedo Reserve to accommodate the new plan as proposed.

and to keep their comments to 3-5 minutes with no deferrals of time to another person.. Comments from residents of Tuxedo were heard first. It was announced that the hearing would be stopped no later than 10 pm, and would be continued at a later date if there were still speakers to be heard.

Evelyn David spoke first and stated that her comments were in response to the recently received Target Tuxedo letter. She went on to state that that at a time when the world around us seems to be strengthening laws, Tuxedo is loosening theirs. Nowhere in the plans for Tuxedo Reserve can she find any mention of the words “Green” or “conservation” Why is Tuxedo in regressive mode? In her view, the Town should be enactting stricter zoning laws rather than loser ones that make it easier for the developer to build.

Dan Gladding – Click Here to read Mr. Gladding’s remarks.

Sue Scher – Click Here to read Mrs. Scher’s remarks

Kristia Cavere began her remarks by stating that she is strongly opposed to Tuxedo Reserve. She has two main concerns. First is the proposed Smart Code. She feels the Town’s zoning laws, architectural guidelines and landscaping rules must be applicable to the entire town, including Tuxedo Reserve or anyone that they might sell to. Her second concern is downtown Tuxedo. She noted that the original plan had been focused on revitalizing our existing downtown while the proposed plan will add a second downtown area between Tuxedo and Sloatsburg. She questioned how the developer plans to fill 30,000 square feet of commercial space if the Town can’t even fill the new Duck Cedar space or Town Square. Finally, expressed concern with the lack of environmental impact studies from the proposal and stated that these must occur as well as further fiscal analysis before anything can be approved. She concluded by noting that many people have chosen to live in Tuxedo because it is a green oasis located between Bergin County and Northern Orange County, both of which are highly developed. She would like to see it remain green.

Nils Gerling Mr. Gerling is the Chairman of the Town’s Planning Board. Prior to his remarks, , Supervisor Dolan noted that in the years since the Special Permit was approved in 2004 , The Related Companies have spent $1,600,00 on Town Consultants and that 13,000 hours have been spent on project review. The Supervisor thanked Mr. Gerling for his part of those hours.
Mr. Gerling then stated that he had been reviewing the DSEIS and had found the document riddled with errors, both in the form of mathematical errors as well as omitted information. After giving some specific examples, he asked the Town Board to hire capable consultants with “appropriate backgrounds” to “audit the document and verify the veracity of the numbers and their origin.” He also noted that the document states an assumption that a 10,000 square foot Library addition would be required but, in a later table, only offers 5000 square feet on a third of an acre! Additionally, the document states that there is no anticipated negative impact on existing retailers in Tuxedo, however that assessment is for Phases 1 and 2 of the project. There is no mention of the impact of Phase 3. Mr. Gerling feels that if competitive retail is introduced, it might well have an impact on our existing retailers. His recommends that the Town Board meet with Budget Officer Pat Sullivan in addition to their consultants in order to verify the numbers before moving forward.

JoAnn Hanson – Link to her remarks

Jim Hays – Click here to read Mr. Hays' remarks" and then link to the attached.

Mary Hanson Mrs. Hanson, a member of the Town Planningf Board, commented that she had reviewed the DSEIS, and wanted to know what the development will cost the current taxpayers. She fears that the Board is taking the applicant’s word that taxpayers won’t end up paying for a huge amount of fire department and highway departments costs. She noted that in 2003, the Fire Department estimated that it would cost well over $1.5 million to cover the cost of required additional equipment. Will the taxpayers bear the responsibility of paying for this? Mrs. Hanson continued on to report that she has spoken to Tax Assessor Greg Stevens and was dismayed to discover that he had not been asked to review the documents. According to Mr. Stevens a condominium in Southfields presently pays about $1000 a year in taxes. Mrs. Hanson concluded by stating that that the town is looking at some serious expenses and she suggested that they had better make sure that these expenses are funded by the Developer..

Robert McQuilkin, a Village resident and member of the Village Planning Board, stated that he is concerned about the amount of proposed retail space in the project. Because the previous Town Board made it a cornerstone of the special permit to restrict commercial space, Mr. McQuilkin is alarmed by the newly proposed amount. The Town doesn’t have a critical mass of people to fill the Hamlet shops along Route 17 and the Rt 17 shops are already being watered down by the newly renovated Duck Cedar and various other locations.Focus must be placed on the revitalization of Route 17. Mr. McQuilkin thinks it’s a terrible idea to pull retail space up into Tuxedo Reserve. He also raised the question of whether there is money in the budget to cover the increased wear and tear on the roads in Tuxedo Reserve. He noted that the proposed roads are very steep and have many switchbacks as well as lots of steep retaining walls and thus will be expensive to maintain.

Mary Graetzer - Click Here to read Mrs. Graetzer’s remarks

Alyse McCathern As member of the former Town Board, which passed the 2004 Special Permit, Mrs. McCathern began her remarks by disclosing that she is employed by Town Attorneys Jacobowiitz & Gubits but that she was speaking only for herself – not for any other member of the former Town Board and not for her law firm. She stated that she had reviewed the 2004 Special Permit and Findings Statement while preparing her remarks and that in her view, three are four areas of concern.

Financial – The Special Permit sets up PILOT Payments (Payments in Lieu of Taxes) to the Town of $150,000 per year on the Northern Tract which all felt probably wouldn’t be developed. They also put aside $6 million for revitalization of the Town of which $2 million was for low interest loans to small businesses. She trusts that these will not be touched in the new application. The 2004 Permit limited retail in the project to 3000 square feet and this was done to protect the businesses in the Hamlet. Mrs. McCathern hopes there will be a economic impact study done to show what increasing the retail space to 30,000 square feet might do to businesses in the Hamlet.
Environmental – The 2004 Permit preserved over 1700 acres This included the entire Northern Tract, Fox Hill in its entirety, a significant portion of the Southern Tract and Mountain Lake which at the time was determined, by the Town’s own consultants, to be an environmental treasure which should not be built upon. Mrs. McCathern reiterated that she does not believe Mountain Lake should be built upon.
Community Character – the former Town Board had their consultants make a 3D video so they could see what the development would actually look like as opposed to looking at pictures on paper and Mrs. McCathern strongly urges the present Board to do the same thing. In 2004 this resulted in very specific bulk standards and design guidelines and she recommends that these should be maintained. As per the Town Code the Special Permit states that the project would be subject to review by the Architectural Review Board. In Mrs. McCathern’s view, the current Board has not been favorable to the ARB and she finds this very disturbing. Her own personal opinion is that residential development is usually tax negative. The 2004 permit limited multifamily units to 305 and she is concerned about the increase in the new proposal. She hopes the Town’s consultants will advise them on the fiscal impacts of this increase.
Enforcement - Since even the smallest of l projects can be difficult to infoce, the 2004 Permit included a lot of enforcement mechanisms. She trusts these won’t be abandoned. In particular, Mrs. McCathern feels the traffic monitoring mechanism is most important.

(At this time, Mrs. McCathern’s allotted time ran out and despite encouragement from the audience to continue, she was asked to step down from the podium,)

Gary Pompan – Link to his remarks

Kathy Norris commented that residents have been asking the same questions over and over again for years and that no one is answering them. It is inherent in human nature and written in the Constitution of the United States that a property owner tbe able to do with their own property what he or she wishes. However, freedom is not a license to adversely affect other people’s rights to enjoy their own property. Some of her questions were:

What happens when the current owner of the property divides it up between the various developers? Who will be responsible for it’s buildout, architectural appearance, mess and traffic?
When residents can’t take a shower because their neighbor is watering their lawn, who will be responsible?
When the Town is sued by New Jersey residents for water pollution because the Ramapo River can’t take any more effluent, what will they do about it and who will pay for the lawsuit?
When the town has an additional 900 children wanting to come to the public school, who will pay for it?
When residents are unable to get down Route 17 because the traffic is all blocked up, what will they do?

Charlie Hunt, a Clinton Woods resident whose background is in strategic planning and outcomes research, expressed his concern that there is no scalable monitoring. He went on to suggest that Trigger points should be introduced so that if things are not moving along successfully with phase, then phase two and phase three are put on hold. He feels there are optimistic residency figures in terms of school-age children but if that balance changes because of the economics, he would like to see a trigger than let the development go no further.

Ken Magar introduced himself as the previous Supervisor of the Town. As such, he commented that he had spent almost 10 years reviewing this project before voting in the Special Permit in 2004. At that time, both the Town Board and the developer believed they had a viable project but neither of them was naïve enough to think it was cut in stone. He feels minor changes are inevitable. It is his personal opinion that without development, this Town and the school system will die. The Town needs development but it is their responsiblity to make sure that this development is reasonable. Speaking to the developer he said, “if you had a viable development in 2004, you should take it. If you want changes, shelf them. After 10 years(and this is a 20 year project)after you’ve made your initial project, then come back in with your revisions. Get the prpject started!”

Houston Stebbins Click Here to read Mayor Stebbins’ remarks

Mary Yrizarry urged the Board to listen carefully to the statements made by non-residents who are living with real development and not dismiss them just because they are not from the Town of Tuxedo. She reminded the Board that whether they liked it or not, “Tuxedo Reserve is not an island.” It is part of a large mountainous and forrested region whose natural resources we share with our Tuxedo neighbors, the surrounding communities and many, many others downstream and further away. Everyone’s concern for clean water, clear air, safe roadways, adequate Town services, taxes and a natural aesthetic are issues that the Board, as lead agency, must take into consideration. The previous Town Board struggled with these issues over many years. They listened to a plethora of views and did their best to accommodate as many of them as reasonably feasible. Even then, the final document was not perfect and since that time more information has come to light both from the developer and outside observers. So, in reading the DSEIS, when the developer repeats at the end of almost every modification statement, “….no significant adverse impact,” Mrs. Yrizarry suggested the Board take it with a very large grain of salt.

Michele Lindsay inquired as to how the Town plans to control the quality of the building and landscaping of the project. She mentioned that a year and a half ago, she had appeared before the Town Board to speak about Sterling Mine Estates. Her concern at that time was that the project had been allowed to move forward and was then abandoned and left half finished, creating not only an eyesore, but a safety hazard.,. Subsequently, the Town installed deflectors along the ditch that runs along Sterling Mine Road so that people wouldn’t inadvertently drive into it, but these are the only improvements that were made to the the site. Mrs. Lindsay noted that the applicant is pushing for “the Smart Code” and she wondered if they then proceed to sell parcels, or perhaps all of the property, to others, what will be the control mechanism to ensure that the project is finished properly? She also expressed concern about the fact that the water facilities in the project are to be maintained by the Homeowners Association. She further commented that she had heard at a Planning Board meeting that if the Homeowners feel they can no longer maintain these facilities, then the Town woill have to take them over. Finally, she spoke about the proposed land swap noting that the developer is proposing to give land zoned for light industry along Long Meadow Road to PIPC in return for land along South Gate Road. Does it make sense for the Town to give up the possibility of developing businesses along Long Meadow Road in the future when such businesses would be beneficial to the Town in terms of tax revenue?

Ulrich Pendl made his remarks on the Economic and Fiscal Analysis section of the DSEIS. He noted that the revenue numbers were based on figures, which were valid 5 years ago. A particularly glaring example of “wishful revenue data” is that a 4- bedroom house on 1/3 of an acre is to be sold for $1.5 million! The claim that the addition of 1200 units to a Town of our size would be tax positive or even tax neutral is suspect. It is said that one tax dollar received from residents necessitates $1.30 in services to be provided to the community. While ideally these funds would come from business taxes, our Town is geographically unable to handle more than the railroad, the Super Highway, the Highway and the River in our narrow valley. Business will move South. In addition, Mr. Pendl noted that the developer has changed the housing mix to add substantially more housing for families with children. He noted that TUFSD’s cost per student is more than twice the NYS average. Mr. Pendl strongly urged the Board to take more time to listen to more input from residents before voting in any way on this project which will “alter forever the nature of our Town.”

Susan Goodfellow - Click Here to read Mrs. Goodfellow’s Remarks

Peter Regna - Click Here to read Mr. Regna’s remarks

John Kilduff, Preisdent of the Ambulance Corps, speaking as a private citizen, commented “when I connect the dots, there can be only one answer to t his application….application denied!” He went on to note that that the Public Hearing was about process, about all of Tuxedo collectively going through the application with a fine tooth comb. Lots of very dedicated people have done that and the numbers don’t add up. In his view the risks aren’t worth it. Stating “They had a deal in 2004. Sorry if it didn’t work out for you.” Mr. Kilduff noted that Related had also built the “majestic” Time Warner Center in New York City. He suggested that everyone give it some time because perhaps the land here could become very valuable in the future in terms of a carbon offset credit.

Bill Sloe inquired as to the history of the developer? Who are they? What have they done?

Thomas Wilson stated that after 13,000 hours of study, the project is already tax negative. If the Town is being asked to increase the commercial space from 3000 to 30.000 square feet, increase multifamily housing and add new zoning that will supercede the Town Zoning Code, in his view they are basically being asked to subsidize the sale of the property to another developer. He then seconded John Kilduff’s earlier comments….“application denied!”

George Williams, a resident of Tuxedo Park who works for a real estate firm in New York City, noted that Phase 1 consists of 75 units however the town is not requiring that the sewer treatment plant be constructed until 80 units are built. Using the example of a development called “Captains Corners” in Staten Island, he suggested that the developer could build 75 units and then stop for any number of years. In Captain’s Corners it was 16 years.

John Kwasnicki of Sloatsburg found several things missing from the DSEIS. For example, the Town of Tuxedo PID Code history,Tuxedo Reserve PID Code zoning controls, Tuxedo Reserve’s agreements with the Villages of Tuxedo Park and Sloatsburg, the Town of Tuxedo Master Plan of 1972 and the Sloatsburg Stormwater Controls of 2007 are all missing. He submitted several pictures of the rough grade of the roads, which are situated on the 40 acres of Tuxedo Reserve that lie in Sloatsburg as well as pictures of a well. Wells in Rockland County are regulated by the Board of Health and that agency has said that this looked like Tuxedo Reserve would take the water from this well and transfer it over the county line to their development.

Randy George is the Mayor of North Haledon, NJ. He begand his remarks b by saying “development is not the panacea you are led to believe. I’ve been on the Planning Board for 11 years and I’ve never once seen a plan that said it would adversely affect the Town.” His town had an application for 900 units on 100 acres. They bargained them down to 300 units. They were told the development would yield 20 schoolchildren. It yielded 60 schoolchildren, which triggered a $30 million referendum for a new school. The units sold for $200,000 more than they said they would, but now that there is a recession people are coming in and asking to have their taxes lowered. They’re taking the Town to court every year…..and winning. So now these property owners are paying less taxes because their homes are worth less. All this has shifted the burden onto all the other taxpayers in Town. Mr. George commented that the developer is here for only one reason … economics. In Mr. George’s view, the developer cannot build the project because they cannot sell at the price they need. As a result they are asking for more multifamily units and more commercial space. 1600 hundred wells in North Haledon get their water from our watershed. Mr. George commented that he hoped the Board would listen to all of the speakers present and that the residents would continue to keep up their vigilence.

Geoff Welch is an environmental consultant to the Village of Suffern and the Ramapo River Watershed Keeper. He noted that he will give water testimony later in the process and would be making his remarks on natural resources. Mr. Welch disagrees with the DSEIS where it says that the project would have a non-significant effect on natural resources. The DEC listed wetlands on the site are valuable wildlife habitats. 100 ft. buffers on the wetlands are not enough. In particular, Mr.Welch mentioned two species, the red shoulder hawks and copperhead snakes. A field worker doing salamander studies observed a den of 19 copperheads on the site, in an area located in Phase 1 of the project. Copperheads are even more aggressive than rattlesnakes so it’s not good to have houses near their den. Mr. Welch concluded that the property would be much better preserved as a key link between Sterling Forest, the Ramapo River Watershed and Harriman Park.

Betsy Kohn, Co-Chair of the Sierra Club North Jersey Group stated that last summer the Exeutive Committee of the New Jersey Chapter of the Sierra Club had stated it is in opposition to the Tuxedo Reserve Development. One of their main concerns is the adverse impact that the project will have on the health of the Ramapo River watershed, which is a sole source aquifer with headwaters in New York. It provides drinking water for millions of New Jersey residents.
The quality of the water is already severely stressed from the existing level of development. In New Jersey, the water barely meets EPA standards. It makes little sense that this fragile watershed should be given over to massive development. The project undermines all the efforts to safeguard the water supply made by the citizens of New Jersey for years.

Janet Burnet lives in Suffern, but commented that she is a stakeholder in the process because she lives in the Ramapo River Watershed. United Water has said they will be able to meet the demands of the Tuxedo Reserve development by withdrawing from the Ramapo River Watershed, but at the same time United Water says it is running out of water in Rockland County, where they withdraw about 40% of the twater supply from the very same watershed. What is the truth? Is there so little water that United Water needs to build a desalination plant on the banks of the Hudson River or is there so much water that they have no hesitancy in promising that they can supply the Tuxedo Reserve Development. Mrs. Burnet urges the Board to take a very close hard look at the water reserves and United Water’s ability to provide water for the development. She recommended that the Board initiate discussions with officials from Rockland and New Jersey as well as Orange County water officials. She hopes that the Town of Tuxedo can be counted on to protect our regional water supply

Cynthia Sirocco asked for a moment of silence, which she said was not for animals or birds or insects but for human beings because we are destroying our water and air quality. The Tuxedo Reserve development will have an impact not just on Tuxedo, but it will also have have a global impact on water and air quality.

Steve Gross stated that Table 3-20 on page 3-21 of the DSEIS says the project will have a positive fiscal impact on the Town. However, Mr. Gross pointed out that the table only considers the impact on the school budget and does not consider the fiscal impacts to the Town at all. The fiscal impact on the Town, which is already projected to be negative for the General Fund and Fire District, would become negative in all taxing jurisdictions. He went on to say, that Table 1-3 on page 1-8 of the DSEIS lists, among the Neighborhood Amenity Buildings, a Boathouse for the Mountain Lake neighborhood. This is particularly disturbing since in all public representations to date, it would appear that the applicant was respecting the sensitive nature of the lake, avoiding encroaching no further than 100 feet from the edge of the wetland surrounding the lake. There is no other mention of a boathouse in the DSEIS, except briefly in an appendix to the Technical Memorandum where it appears as an item in a long list of recreational areas in the project. Looking at the Tuxedo Reserve website, however, one finds “the Mountain Lake Club” promoted as an “Amentiy” including a boathouse, rock beach, outdoor ice rink, platform tennis courts and a summer lawn, and that these facilities would be open to the public. These activities could expose Mountain Lake to intensive, damaging recreational use over the long term. In the short term, the proposed activities represent a significant encroachment on a NYSDEC regulated wetland, which has not been disclosed to the Town Board. Improvements to provide access to Mountain Lake have not been shown on any map or plan. This is an area of concern that requires much more disclosure and analysis. The DSEIS discusses the importance of un-fragmented forests. This property is presently part of the Sterling Forest un-fragmented forest. Obviously, the approved 2004 plan would already have an impact in reducing this un-fragmented forest, but the DSEIS disclosed that the Mountain Lake area of the development will cause the loss of an additional 94 acres of un-fragmented forest, leaving 202 acres intact. This means that 296 acres of un-fragmented forest would remain under the current Special Permit and that nearly one-third of that – 94 acres – would be lost under the proposed amendments. This is a significant impact, which could be avoided if there were no development in the Mountain Lake area. Mr. Gross had many more points he wanted to make and he was told he would be able to speak again at the continued hearing.

Andrew Lawrence spoke representing the New York Highlands Coalition, a group formed in response to the 2004 Highlands Preservation Act, which conserves the highlands in Pennsylvania, New Jersey, New York and Connecticut. He read a statement, which was submitted as a letter to Supervisor Dolan and which stated that the Coalition does not believe the proposed development “recognizes the importance of the water, forest, agricultural, wildlife, recreational and cultural resources of the Highlands region.” The Coalition believes that the best use of the land would be for landowners and local officials to see preservation of the property thus avoiding the segmentation and further fragmentation of a valuable section of the Highlands.
Click Here to read this statement

Patsy Wooters –Click Here to read Mrs. Wooters’ remarks

Chief Dwaine Perry of the Ramapo-Lenape Nation, who resides in Hilburn, reported that he had heard from a reliable source that Indian artifacts and perhaps remains had been found during the building of the road behind Jesse’s Bagels. He asked to look at the site and was sent to the developers who denied his request. Several weeks later, the developer provided an archaeologist who, together with Chief Perry;s archaeologist, went to have a look They discovered that the site had been “bulldozed, dumped on and altered” so there was no hope of finding either artifacts or remains. Chief Perry requested the establishment of a local oversight person so that if something is found, it can be identified.

Jeff Genser stated that he is not a rocket scientist, but that it doesn’t take a rocket scientist to see that the project is bogus. He recommends that residents petition to have a referendum put on the ballot asking residents whether or not they want to see Tuxedo Reserve built. In his view, the development should never be built..

Ed McGowan, Science Director for PIPC as well as Director of the Zoo at Bear Mountain, began his presentation with a statement about the PIPC land swap. He said a letter had been sent to the Town Board in lateJune ,which made it clear that PIPC would not undertake any review of this matter while the applicant was still seeking various approvals for the project. Yet the applicant has clearly sought approval for development on land currently owned by the PIPC. The PIPC would like to make it clear that the land swap is not on the table at the moment. Discussing the DSEIS, Mr. McGowan said that a number of people had addressed the deficiencies of the DSEIS and he would like to add that there were unsupportable statements made in the document. There are some good parts, in particular a discussion of fragmentation where the applicant lays out the significance of the area and then lists the consequences of fragmentation only to sweep aside the project and say that there would be no impact on fragmentation. Mr. McGowan feels that it would be hard to find an impartial expert to read the document and come to the same conclusion. When reviewing an EIS, he likes to look at the species list as he finds it a window into how thorough the review has been. He found some interesting omissions here….copperheads and black rattlesnakes are not listed although they clearly exist on the property. Those species tend to cohabitate with timber rattlesnakes, which makes him wonder if they did sufficient work for timber rattlesnakes. It would be in the applicant’s best interest to do that work properly so they don’t encounter problems down the line. Also missing was mention of the golden wing warbler, a species in dramatic decline, although the Sterling Forest area is one it’s remaining strongholds and there is ideal habitat available. There are species listed as being on the site, which are also unusual. Either these are misidentifications or very exciting finds. One is the norther leopard frog, very common up north but this would be the southernmost occurrence. Finally, there is the Least Shrew, which is the world’s smallest mammal and a speciies that Mr. MdGowan has been looking for for 20 years. These are not known in New York State. They are listed as an historical record for 1900 from West Point and from the 1930’s in the Ithaca area. If they are in fact on the property, they are New York’s most endangered mammal! Mr. McGowan will pass this information along to the State Mammalogist. In conclusion, Mr. McGowan stated there were serious deficiencies in the DSEIS.

Mr. McGowan was the last speaker. After consultation with Town Attorney Larry Wolinsky, Supervisor Dolan announced that the Public Hearing will be continued on November 23rd. At that time, first consideration will be given to people who weren’t present at tonight’s hearing or who had to leave early. After that, if there is time, other comments will be taken as long as they aren’t repetitive or redundant. Mr. Dolan requested all speakers submit their comments in writing as quickly as possible. After the hearing is closed, the Town Board will go to work on the project conducting a number of workshops with the Town Attorney, the Town Planner and the Town Engineer as well as the applicant. These workshops will be open to the public although there may well not be any public comment period.

Agenda For Town Board Meeting November 9, 2009

Call to Order
Pledge of Allegiance

Moment of Silence and Reflection to Honor Memory of Marion Mottola

Continuation of Public Hearings:

2010 Preliminary Budget
2010 Hamlet Sewer Charges

Minutes
Monthly Reports
Public Comments on Agenda Items

Town Supervisor/Town Board Update
Resolution to Adopt 2010 Final Budget
Resolution to Schedule Public Hearing to Receive Comments on Woodlands Sewer Rates
Resolution to Oppose NYS DEC Ban on Residential Outdoor Burning of Brush and Leaves
Resolution to Introduce Local Law Entitled “Storage in Residential Yards”
Any other business as may come before the Board after this Agenda is posted

Public Comments
Budget Transfers
Vouchers
Adjournment

Town Board to Hold Public Hearing on Tuxedo Reserve Rezoning
November 23, 2009

TOWN OF TUXEDO
NOTICE OF PUBLIC HEARING
INTRODUCTORY LOCAL LAW
“Tuxedo reserve rezoning”

PUBLIC NOTICE is hereby given that there has been introduced before the Town Board of the Town of Tuxedo, New York, on October 26, 2009, a local law entitled “Tuxedo Reserve Rezoning,” which local law is intended to cause the zoning for the Tuxedo Reserve Planned Integrated Development to be consistent with certain changes proposed by the developer to its Special Permit and Preliminary Plan. A complete copy of the Introductory Local Law is available for inspection at the Town Clerk’s office and at the Town website, www.tuxedogov.org.

NOW, THEREFORE, pursuant to §20 of the Municipal Home Rule Law, the Tuxedo Town Board will hold a public hearing on the aforesaid Introductory Local Law at the Town Hall, One Temple Drive, Tuxedo, New York, on Monday, November 23, 2009, at 7:30 p.m., or as soon thereafter as the business of the Board permits, at which time all persons interested therein shall be heard.

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

Town Board Meeting October 26, 2009

The Town Board met in the Eagle Valley Firehouse on Monday, October 26, 2009 at 7:30 pm. All members were present.

The Firehouse was packed with residents most of whom were there for the Public Hearing on Tuxedo Reserve. Therefore, the Board moved through the regular part of the meeting very quickly. During the Public Comments period, Mary Graetzer inquired about the outcome of a meeting between the Town Building Inspector and the Board of Health with regard to the Train Station. Supervisor Dolan responded that the Town had been told that nothing but “pre-wrapped” baked goods could be sold there and that coffee could only be offered from a cart. The Supervisor has notified the successful applicant of these new restrictions, but hasn’t heard back from them as yet.

The following resolutions were passed:

A Local Law entitled “Tuxedo Reserve Rezoning,” was formally introduced. A public hearing will be held in the near future, the exact date to be announced.
A Resolution to authorize Town Counsel to defend the Town in certiorari proceedings.
The Public Hearings on the 2010 Preliminary Budget and the 2010 Hamlet Sewer Budget were rescheduled for November 9th due to a snafu with posting on the Town website.

Public Hearing on Tuxedo Reserve: Proposed Special Permit, Preliminary Plan Amendments and Proposed Rezoning:

Supervisor Dolan opened the Public Hearing by reviewing the procedures and rules of conduct for Public Hearings. People were asked to confine their comments to the following subject matter:

the Draft Supplemental Environmental Impact Statement for Tuxedo Reserve
a proposed revised Special Permit for Tuxedo Reserve
a Local Law amending Local Law #4A of 1999 as relates to the minimum number of single family residential units required as part of Tuxedo Reserve and
a Local Law amending the zoning map within Tuxedo Reserve to accommodate the currently proposed Tuxedo Reserve project.

Over 25 Town residents spoke on the following subjects:

the Library’s role in Tuxedo Reserve, the “greenness of the project,”
the Mountain Lake area,
the completeness/sloppiness of the SDEIS,
the fiscal analysis,
the intentions of the land owners,
the tax impact on current residents,
the amount of proposed retail space, the “community character” of the proposed project,
how the Town will monitor the build out of the project,
the impact on the Tuxedo Lake watershed,
the stormwater management plan for the project,
the risks associated with the project

Following these statements, 12 “non-residents” spoke. They raised concerns about

the water (the Ramapo River Watershed supplies drinking water for millions of people south of us in Rockland County and New Jersey) the completeness of the DSEIS, the potential effects on the natural resources,
air quality,
the Mountain Lake area,
stormwater management,
the possible disturbance of Native American artifacts and/or remains, the PIPC land swap
the effect on the species which are found on the property, in particular the Least Shrew.

When the last speaker had finished and after consulting with Town Attorney Larry Wolinsky, Supervisor Dolan announced that the Public Hearing will be continued on November 23. At that time, first consideration will be given to people who weren’t present at the October 26 hearing or those who had not had the opportunity to speak. Once those individuals have been heard, if there is time, other comments will be taken as long as they aren’t repetitive or redundant. Mr. Dolan requests that all speakers submit their comments in writing as quickly as possible. After the hearing is closed, the Town Board will then go to work on the project conducting a number of workshops with the Town Attorney, the Town Planner and the Town Engineer as well as the applicant. These workshops will be open to the public although there may not be any public comment period.

*A more detailed account of the Public Hearing, including many statements in their entirety, will posted as soon as possible

Agenda for Town Board Meeting October 26, 2009

Call to Order
Pledge of Allegiance
Public Comments on Agenda Items

Regular Meeting

Resolution to Introduce Local Law Entitled “Tuxedo Reserve Rezoning”
Resolution to Authorize Town Counsel to Defend Town in Certiorari Proceedings
Any other business as may come before the Board after this Agenda is posted

Budget Transfers
Vouchers

Public Hearings

2010 Preliminary Budget
2010 Hamlet Sewer
Local Law Entitled “Amendments to Local Law No. 4A of 1998”
Tuxedo Reserve Proposed Special Permit and Preliminary Plan Amendments for
Tuxedo Reserve and Proposed Rezoning for Tuxedo Reserve

Adjournment

Town Board to Hold Public Hearing on Zoning Code Amendment Pertaining to Tuxedo Reserve

Click here for download the PDF.

Town Board Meeting October 13, 2009

The Town Board met on Tuesday, October 13, 2009 at 7:30 pm. Councilman Castricone was absent.

The meeting began with a moment of silence for Edward McCaffrey, former Tuxedo Park Police Chief who died recently.

The first order of business was a continuation of the Public Hearing on a local law entitled “Signs.” There was no one present to comment. Councilman Phelps stated that the maximum sign area was being changed from 12 square feet (as stated in the law) to 55 square feet after comments made at the first hearing. The public hearing was then closed.

Public Comments on Agenda Items:
Mary Graetzer requested that the Board move the October 26 Public Hearing on the Tuxedo Reserve amendments on to a larger venue ( other than the Town Hall) due to an anticipated large turnout. Mrs. Graetzer noted that when the Town Hall gets crowded, overflow ends up in the hallway leading from the meeting room and people who are standing there cannot hear what is happening at the meeting. She also noted that since the Board has scheduled two other public hearings for the same night, one on the Preliminary Budget and one on a zoning change, there might be a large number of people in attendance. The Supervisor expressed reluctance to change the venue , but because the other members of the Board expressed support for the idea, it was decided to pursue other venues.

Town Supervisor/Town Board Update:
Supervisor Dolan stated that the Building Inspector would be meeting.with a representative of the Department of Health at the train station on Wednesday. At issue is the fact that the newly renovated kitchen does not qualify as a commercial kitchen and the business approved by the board to occupy the space needs a kitchen. Tom Salierno, head of the construction on the train station, as well as the Town Building Inspector were also involved in the meeting.

There will be a Pancake Breakfast on Sunday, October 18th from 9 am to 2 pm to benefit Lou DeBrino and family.

The 2010 Tentative Budget was filed on September 30, 2009.

Movie night at the Powerhouse is scheduled for Friday, October 16th at 7 pm. The cost is $10 per family.

The following resolutions were then passed:

A Resolution to adopt the Local Law entitled “Signs”
A Resolution to schedule a Public hearing on the 2010 Preliminary Budget for October 26 immediately following the public hearing the Tuxedo Reserve amendments to the Special Permit
A Resolution to schedule a Public Hearing on a Local Law entitled “Amendment to Local Law 4A of 1998 for October 26 immediately following the hearing on the budget. Unfortunately, this law has not been available for public consumption yet. It was briefly explained that when Tuxedo Reserve was granted their original Special Permit, they were “grandfathered” in the zoning law. This law will expand the conditions of the grandfathering to cover the new mix of housing in the amendments that Tuxedo Reserve is now proposing.
A Resolution to appoint John Radder and David Salembier as Part-Time Police Dispatchers
A Resolution to grant a Special Sign Permit for a Historical Society Event to be held at the Powerhouse on October 24, 2009. The signs will consist of directional arrows.
A Resolution to grant a Special Sign Permit for the Craft Fair at the Eagle Valley Firehouse on November 1, 2009
A Notification that there will be a Full-Volume Siren System Test for Indian Point on October 22, 2009 between 10 and 11 am.
A Notification that United Water South Couty Sewer will be conducting “smoke testing” of the sewer system in Laurel Ridge and Clinton Woods for the next three weeks. This is an effort to improve the operation and efficiency of the system.
A Resolution authorizing Defense Appeal by Special Counsel Richard Glickel in the artitration case brought by former police officer John Tamburello against the Town.

Public Comments:
Mary Graetzer stated that she has reviewed the RFP for the train station proposals as well as the three bids that were submitted. She quoted a section of the RFP, which described the facility as having “a commercial kitchen” and stated that it was her understanding that the facility does not have one. . She further stated that given the various proposals, she was baffled as to why the Board had accepted the bid that they did. The Board responded by saying that the Building Inspector would be meeting with a representative from the Department of Health to see if the situation can be worked out. Mrs. Graetzer inquired as to why the Board had accepted a proposal, which asks for 8 parking spaces given that granting this request would mean lost revenue for the Town. She was told that the Town will not be granting 8 spaces to the applicant. Mrs. Graetzer once again expressed her dismay that all discussion of these proposals was done in Executive Session and not in public.

Agenda for Town Board Meeting October 13, 2009

Call to Order
Pledge of Allegiance

Moment of Silence and Reflection to Honor Memory of Edward McCaffrey

Public Hearing Continuation to receive public comments on local law entitled “Signs”

Minutes
Monthly Reports
Public Comments on Agenda Items

Town Supervisor/Town Board Update
Resolution to Adopt Local Law entitled “Signs”
Acknowledgment of Filing of 2010 Tentative Budget on September 30, 2009
Resolution to Schedule Public Hearing to Receive Comments on 2010 Preliminary Budget
Resolution to Introduce Local Law entitled “Amendment to Local Law #4A of 1998”
Resolution to Appoint John Radder and David Salembier as Part-Time Police Dispatchers
Resolution to Grant Special Sign Permit for Historical Society Event - 10/24/2009
Resolution to Grant Special Sign Permit for Craft Fair at Eagle Valley Firehouse - 11/01/09
Notification of Indian Point Full-Volume Siren System Test - 10/22/2009
Any other business as may come before the Board after this Agenda is posted

Public Comments
Budget Transfers
Vouchers
Adjournment

Town Board Meeting September 28, 2009

The Town Board met on Monday, September 28, 2009 at 7:30 pm. All members were present.

Public Hearing to Receive Public Comment on Local Law Entitled “Signs”:

The meeting began with a Public Hearing on the Local Law entitled “Signs.” This law is being proposed in order to make the process of erecting signs less onerous for local businesses. Town resident Andy Berish commented that he thought limiting the number of typefaces used on a sign was too restrictive. Councilman Phelps explained that the law carefully states that use of more than three typefaces is “discouraged,” not prohibited, recognizing that each sign is a unique case. Dale Mottola, President of the Chamber of Commerce commented that she feels the maximum allowed size should be larger than 12 square feet, as stipulated in the law. Jerry Mottola commented that he feels that businesses further than 20 feet from Route 17 should be required to display 911 street numbers on their signs. After these subjects had been discussed, the Board decided to keep the public hearing open until the next meeting.

Town Supervisor/Town Board Update:

Supervisor Dolan announced that the Board has decided to award the bid for the Train Station space to Lisa DeNiear and Nancy Kaufer of Lisa Marie’s Gourmet Kitchen. They will run a business offering coffee and pastries to commuters, which will be open only until 10 am each morning. Mary Graetzer of Tuxedo Park expressed her disappointment that the process of awarding this bid was done in Executive Session and further mentioned that she thought having done so might be in violation of the Open Meetings Law. Supervisor Dolan responded that the actual vote had been taken in a “public session” immediately following the executive session. Mrs. Graetzer countered that because the awarding of the bid had neither been listed on the agenda nor mentioned at the time the Board retired into Executive Session, there was no way a member of the public could have known that the vote would take place and that while the Board may have been technically within their rights to vote this way, she didn’t feel that they had been forthcoming enough with the public. Supervisor Dolan remarked that the Building Inspector was currently in discussions with the Board of Health to determine if this business would be allowable in the train station space.

Supervisor Dolan also announced:

There have been a series of break-ins in Eagle Valley. All have occurred on a Saturday evening between the hours of 8 and 10 pm. A total of 4 homes have been involved and nothing has been stolen. The police have some leads and are following up on them.
The Town “Movie Night” at the Powerhouse, originally planned for September 27, was cancelled due to bad weather and has been rescheduled for Friday, October 15.
There will be a Workshop on Tuxedo Reserve for Town Board members, Town Planning Board members and Town Consultants. It is tentatively scheduled for October 8 and will run from 7:00 to 9:00 pm.
The Town has received a notice of completeness of Tuxedo Reserve’s DSEIS and the non-redline version is available for download on the Town’s website.
The Town Budget process is beginning.

Councilpersons Castricone and Spivak remarked that the new “Slow” signs and street markings in Maplebrook and Hamilton Estates were much needed and are having the desired effect of slowing people down.

Resolution to Approve Release of Millennium Landscape Bond:
Town Clerk Elaine Laurent reported that she and Planning Board Chair Nils Gerling had checked the site and found it much improved from their last inspection. They have discovered that the land is PIPC owned . Millenium made a payment to PIPC for landscape restoration and PIPC has chosen to use the funds in other areas of the Park disturbed by the Pipeline. They will not be doing further work at this site as they want it to be “all natural.”

The following resolutions were passed in the remainder of the meeting:

A Resolution to authorize Police Coverage for Forest of Fear for the 2009 Season.
A Resolution to Grant a Special Permit for Carnival Rides at the Forest of Fear for the 2009 Season – the rides have been decreased from 5 to 3.
A Reminder of Family Fun Day at Murphy Field – October 3, 2009 (Rain Date October 4, 2009)
A Resolution Authorizing Town Counsel to Prepare a Local Law Regulating Parking of Trailers and Storage of Firewood. Some residents are parking trailers in front of their houses. These will need to be moved to the side or back of a house just like boats and motor homes. Firewood is being stored right next to roads and it needs to be moved 25 feet back from the road. Neither of these conditions are currently addressed in the Town Code.

Agenda for Town Board Meeting September 28, 2009

Call to Order
Pledge of Allegiance

Public Hearing to Receive Public Comment on Local Law Entitled “Signs”

Minutes
Monthly Reports
Public Comments on Agenda Items

Town Supervisor/Town Board Update
Resolution to Approve Release of Millennium Landscape Bond
Resolution to Grant Special Permit for Forest of Fear Amusement Rides
Resolution to Re-Appoint Carol Matthews as Board of Assessment Review Member
Reminder of Family Fun Day at Murphy Field – October 3, 2009 (Rain Date October 4, 2009)
Any other business as may come before the Board after this Agenda is posted

Public Comments
Budget Transfers
Vouchers

Adjournment

Town Board To Hold Public Hearing on Sign Law September 28, 2009

PUBLIC NOTICE is hereby given that there has been introduced before the Town
Board of the Town of Tuxedo, New York, on August 24, 2009, a local law entitled “Signs,” which local law is intended to clarify and streamline the application process, regulations and enforcement concerning signs and would amend the Code of the Town of Tuxedo by repealing Chapter 79 in its entirety, repealing certain definitions and word usage in Chapter 98-41, and replacing Section 98-19 in its entirety. A complete copy of the Introductory Local Law is available for inspection at the Town Clerk’s office and at the Town website, www.tuxedogov.org.

NOW, THEREFORE, pursuant to §20 of the Municipal Home Rule Law, the Tuxedo
Town Board will hold a public hearing on the aforesaid Introductory Local Law at the Town Hall, One Temple Drive, Tuxedo, New York, on Monday, September 28, 2009, at 7:30 p.m., or as soon thereafter as the business of the Board permits, at which time all persons interested therein shall be heard.

PLEASE TAKE FURTHER NOTICE that, pending the consideration and/or adoption
of this local law, there shall be, on an emergency basis, an interim moratorium on development approvals.

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

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

Dated: August 28, 2009

Town Board Moving Ahead with Tuxedo Reserve

On September 14, 2009 the Town Board voted unanimously in favor of accepting the Supplemental Environmental Impact Statement for the project as complete. A Public Hearing has been set for October 26 at 7:30pm.

Steve Gross of Hudson Valley Environmental Consulting representing the citizens action group Target Tuxedo, has submitted several letters to the Town Board in which he raises a number of key issues with the SEIS as well as the project in general. Please take a moment and review these letters.

STEVE GROSS LETTER 9/11

September 11, 2009

Town of Tuxedo Town Board
1 Temple Drive
Tuxedo, N.Y. 10801

Re: Tuxedo Reserve
SEIS scope

Dear Supervisor Dolan and Honorable Members of the Board:

Thank you for allowing me to speak at the last Town Board meeting regarding the completeness of the Supplemental Environmental Impact Statement (SEIS) that has been submitted for the Tuxedo Reserve project. As requested, I am submitting my comments in writing.

While it is not usually difficult to determine if a scoped issue has been addressed and discussed, it is often difficult to decide whether a document has addressed the scoped issue in a manner so as to be truly considered “complete”. While an issue may indeed have been addressed in an EIS, it may have not been addressed adequately enough to satisfy the Lead Agency’s need, or may have even raised more questions which also need to be addressed. It is not sufficient to conclude that these issues can be further addressed in a Final Supplemental Environmental Impact Statement (FSEIS), because a FSEIS is not subject to the same public review (i.e a public hearing), and, under SEQRA, comments on a FSEIS require no response.

My comments regarding completeness are therefore made in this context, and anything I include in this letter is something that I personally believe should be addressed before the SEIS is accepted as complete. While some may fall into a “gray area”, I believe all the items addressed herein are “completeness” issues, and should be addressed prior to public review. In assessing whether these are indeed completeness issues, I suggest the Town Board, in part, apply a standard of whether it is an issue that should be subjected to the greatest possible public review, for that is the true difference in requiring that it be addressed in the SEIS versus the FSEIS.

Cuts and Fills/Area of Disturbance Calculations

I was very glad to see a cuts and fills analysis in the SEIS. I am, however, discouraged by the lack of detail. Suddenly, the analysis shows never before seen, nor discussed, retaining walls (50 in total) and rock cuts (25 in total). There is nothing in the SEIS describing anything at all about these walls and cuts. How tall are the walls? What material are they made of? Are they gabion walls consisting of broken rock in metal mesh boxes, or perhaps something more aesthetically acceptable? What are the potential aesthetic/visual impacts of these retaining walls? Will they be vertical, sloping, or stepped? Once the roads are turned over to the Town, who will be responsible for maintaining them?

Similarly, more information is needed for the rock cuts. How tall are the rock cuts? What is the angle of repose? How much blasting will be required? Will blasting occur near sensitive receptors? What are the potential aesthetic/visual impacts of these rock cuts?

Stormwater Calculations

The amount of impervious surfaces is underestimated by the fact that the retaining walls noted above have not been included. Removing soil cover and exposing rock surfaces, especially in large areas of rock cut, will also increase the amount of impervious surfaces.

The SEIS calculates that there will be 150 acres of impervious surfaces resulting from the development as would occur under the proposed amendment, and that this represents an increase of 2 acres over the 148 acres that would occur under the project as previously approved. However, the last calculation of impervious surfaces reported to the Lead Agency was 138 acres in the FEIS for the previously approved project. The 150 acres represents an increase of 12 acres (8.7%) over the previously reported amount.

The significance of this difference is that the currently approved stormwater management plan is based on the 138 acres, and the stormwater management plan for the 150 acres in the proposed amended plan will need to accommodate a significantly increased amount of stormwater runoff than had been previously engineered. In addition, these calculated amounts will increase even further once the amount of impervious surface represented by the retaining walls and new exposed rock surfaces is added.

Groundwater Hydrology

As depicted in Figure 6-3, the proposed Mountain Lake neighborhood would be situated on top of a major bedrock fracture that runs along the axis defined by Mountain Lake and the NYSDEC wetland. A bedrock fracture acts very much like a pipe. It is a perfect conduit, transporting water quickly over a distance. The fracture under the Mountain Lake area intersects a second fracture within the NYSDEC wetland, which runs directly to the Ramapo River. It is therefore possible for contaminants to enter the fracture from the proposed new neighborhood, and contaminate both groundwater resources and the Ramapo River.

Rather than examine the potential for contamination to enter the fracture trace from the Mountain Lake neighborhood, the SEIS instead makes the case that “(i)t is unlikely that the proposed use of these lots will impact water quality in the underlying aquifer due to the lack of apparent hydraulic connection between the shallow and deep water zones in this area.”

To back up this claim, the SEIS states, “(t)he wetlands and lakes are not in hydraulic communication with the bedrock ground water bearing system, as the water levels in the bedrock aquifer are well below the elevation of water in the wetlands and lakes.” However, simply stated, a lake or wetland that is “in hydraulic communication with a bedrock ground water bearing system” is in common language said to be “spring fed.” Interestingly, the same SEIS describes Mountain Lake as “a 6.4-acre spring-fed water body located in the northern part of the Southern Tract.” This obvious discrepancy is very revealing, and is indicative that this issue should not be so readily dismissed. The lack of any true analysis of this potential impact therefore renders the SEIS incomplete.

In truth, where it runs under dry land, this fracture would be close to the surface, given the shallow depth of soil in that area. Therefore, it is especially susceptible to being a point of entry for any contaminants that would be produced from road runoff, pesticide usage, etc. Excavation activities could potentially expose this fracture even more. Whether the water table is near the surface is nearly irrelevant, as long as the opening to the fracture trace itself, much like the open end of a pipe, is located at or just below the surface.

Fiscal Impacts

Market values were derived from a Tuxedo Reserve market study conducted in July 2008. Market values peaked in June 2008, and are off from 7 to12+% from then. Even for a peak market, the values projected for the proposed housing seem very optimistic. The proposed estate houses could possibly be compared to a 3,352 square foot home that sold within Tuxedo Park within the last year. That home sits on 1.5 acres, which is at the upper end of the lot sizes for the estate houses, and much larger than most. It has 7 bedrooms, 3 more than what would be in the proposed estate houses, and sold for $950,000, more than a full half-million dollars cheaper than the projected price quoted for the estate houses. It is also noteworthy that this is the only home that has recently sold within Tuxedo Park, which likely signals that there is a soft demand for homes in the upper price range within Tuxedo. This can only drive prices even lower. The fiscal impact analysis in the SEIS may therefore be presenting a positive result that does not actually exist.

I also maintain that no fiscal impact analysis for the Tuxedo Reserve project can be considered complete unless it considers the strong possibility that the age restrictions may need to lifted in order to fully market all 1,195 proposed units. Such a scenario would completely change the outcome of the fiscal impact analysis. The applicant should also be required to submit a current market analysis for age-restricted housing.

I believe it is imperitive to require a revised fiscal impact analysis before the SEIS is accepted as complete. This is a critical issue which should be subjected to full public review and comment, and should therefore not be left to be corrected in the FSEIS.

Wildlife Habitat

I believe there are two completeness issues regarding wildlife habitat. The first specifically regards the Mountain Lake neighborhood. The SEIS acknowledges that the area lying in a direct line between Mountain Lake and the large New York State wetland is an important wildlife corridor. Building in this area will have a severe impact on this corridor. However, rather than providing a serious analysis of this impact, the SEIS claims that the “open space connection would still be maintained, but would be concentrated along the western boundary of the Southern Tract.”

It is interesting that the SEIS utilizes the phrase “open space connection” rather than “wildlife corridor.” While it is correct that a band of open space will indeed exist in the location noted, the use of the word “connection” is very misleading, in that it might imply a functional connection for wildlife, or even for potential trails. Such an implication, however, ignores the very steep ridge line that passes through this open space, which renders it useless as a corridor for amphibian passage between Mountain Lake and the NYSDEC wetland. Essentially, by pointing to the “open space connection”, the SEIS has dismissed the impact of the Mountain Lake development on this important wildlife corridor, providing no real analysis of the impact. It is my opinion that the SEIS is therefore incomplete in its treatment of this issue. The SEIS should provide a clear analysis of this impact, and include consideration of not putting any housing units within the area most utilized by wildlife. The potential impact on amphibians should be particularly highlighted. The provision of tunnels under the roadways for wildlife passage may provide some mitigation, but will not completely compensate for this impact.

The second completeness issue has to do with the revelation that a timber rattlesnake was sighted on the property. Yet, the SEIS still states, “(w)ildlife surveys of the Project Site, including the area in the vicinity of Mountain Lake, did not identify any threatened or endangered species.” The now infamous report of the rattlesnake sighting and ingestion is an indication that the timber rattlesnake study conducted by the applicant was inadequate, and it seems incredulous that the SEIS is still stating in print that no endangered or threatened species were identified on the Project Site. It is clear that this statement needs to be changed, and that change should be accommpanied by further analysis to resolve this obvious discrepancy.

Tuxedo Lake Watershed

A review by the Tuxedo Park Village Engineer found that the boundary of the watershed for Tuxedo Lake may be larger than indicated in the SEIS. This is largely due to the purported existence of drainage improvements in the South Gate Road/East Lake Road area that diverts stormwater toward Tuxedo Lake.

Conclusion

It is my professional belief that all the items discussed above are completeness issues that need to be addressed before the SEIS is accepted as complete and made available for public review. The changes proposed in the amendment are extensive and far-reaching, and should rightly be exposed to the greatest possible level of public input and review.

Should you wish to contact me regarding anything contained in this letter, please do not hesitate to call me at (845) 986-5350.

Thank you for your consideration.

Respectfully submitted,
Stephen M. Gross
Principal
Hudson Highlands Environmental Consulting

cc: Tuxedo Planning Board
N. Hays, Target Tuxedo

STEVE GROSS LETTER 6/09

June 18, 2009

Town of Tuxedo Town Board
1 Temple Drive
Tuxedo, N.Y. 10801

Re: Tuxedo Reserve
SEIS scope

Dear Supervisor Dolan and Honorable Members of the Board:

As the Board debates the scope of the Supplemental Environmental Impact Statement (SEIS), I hope you will consider the points I am about to raise in this letter on behalf of my clients, Target Tuxedo.

As noted by your counsel, Larry Wolinsky, SEQRA provides that a SEIS may be required by a lead agency to examine “adverse environmental impacts not addressed or inadequately addressed in the EIS,” and while the SEQRA documentation has been prepared by the applicant, it must, in the end, be accepted by the Town Board as their document, and reflective of their opinions and findings, which may or may not be shared by the applicant.

Provided below are issues which target Tuxedo and I believe meet the criteria described to be considered in the SEIS. Some issues are listed because the proposed changes in the project pose potentially new or increased impacts. Other issues are listed because it is our belief that these issues were not adequately addressed in the original EIS, and they are particularly significant in reagrd to the proposed amendment.

Original DEIS was inadequate

At the June 1 workshop meeting, Mr. Wolinsky noted that the Board could require issues not adequately covered in the EIS be included for additional study in the SEIS. In the opinion of Target Tuxedo, this is an important point. The applicant is once again back before the Town Board, asking approval for what is notably their third amendment to the previously approved plan. The given reason for these amendments is that further inspection of the property revealed conditions, such as vernal pools, wetlands, and steep slopes, that were either previously unknown or more severe than expected. This is clear evidence that the original SEQRA documentation was indeed inadequate.

Cuts and Fills/Area of Disturbance

This in large part stems from the lack of a cuts and fills analysis in the DEIS. There is no denying that the Tuxedo Reserve property is rugged, containing many areas of severely limiting steep slopes and rock outcrop. For a development in a rugged area like this, a basic, fundamental analysis should always include a calculation of the area of disturbance. This calculation, in turn, is necessarily dependent on a cut and fill analysis. Obviously, the outer extent of cuts and fills distant from a roadway or building construction becomes the outer perimeter of the area of disturbance.

The reason I refer to this exercise as basic and fundamental is that the analysis of all of the other physical impacts from land development is first dependent upon this cut and fill/area of disturbance calculation. The extent of vegetation removal can not be determined without it. The extent of wetland impact can not be determined without it. The impact upon wildlife habitats can not be determined without it. Stormwater calculations can not be determined without it, as the conversion of forested land to cleared land changes the coefficient of runoff used to calculate increases in the rate and volume of stormwater runoff. The impact on steep slopes can not be determined without it. The extent of blasting can not be determined without it. The list goes on.

Recently, the applicant submitted a map which purportedly indicated the “area of disturbance”. By the applicant’s own admission, the majority of this map was not based on any hard analysis, but rather, an arbitrary assumption that disturbance would be kept within 20 feet of all roadways. While this may be technically possible, it is unlikely. In at least one location, your own Town Engineer identified a stretch of roadway that would require a 30-foot high retaining wall to accomplish this feat of engineering. Absent a retaining wall, a 3 on 1 fill slope would extend at least 90 feet from the edge of the roadway. (It is notable that the wetland impact map provided by the applicant contradicts the area of disturbance map, indicating fills within the wetland buffer extending approximately 100 feet from the roadway.) With the retaining wall, the Town Board could be accepting a Town road that could carry a very high cost of maintenance and a potentially high liability. Either way, this is information that has yet to be formally presented to the Town Board as lead agency.

With this SEIS, the Town Board has both an opportunity and a responsibility to take a hard look, as required by SEQRA, by requiring that a full cuts and fills analysis be required for the entire property.

Fiscal Impacts

Age Restrictions

On another issue, I was also present at the March 24th workshop meeting when the applicant’s representative stated that the only way the fiscal impact analysis could “turn negative” would be if a new high school had to be built. This is not exactly true. There is another all-too-plausible scenario in which the fiscal impact could turn negative.

From the start, the applicant has represented to the Town that this project would have positive benefits for the Town. Chief among them was that it would be a positive tax ratable. A significant factor in making this representation is that a very large portion of the project would be age-restricted. This portion of the project would therefore contribute greatly to the school’s tax base, with no additional demand on services. Were this not true, and this portion of the project became available without restriction to all families, the demand on educational services would be significantly higher, and the project would become tax-negative, creating an additional tax burden on existing residents as a result.

To that point, I would like to draw the Planning Board’s attention to the attached article that recently appeared in the Star-Ledger in neighboring New Jersey. This article documents that the regional demand for age-restricted housing has evaporated, and more importantly, that Planning Board after Planning Board, in Town after Town, has been forced to reluctantly agree to lift the age restrictions on a long list of approved age-restricted developments. It seems nearly inevitable that such a fate awaits Tuxedo Reserve as well, yet the applicant has not retreated an inch from representing the project as being largely age-restricted and tax-positive, even to the point of stating that the only scenario in which the fiscal impact would be negative would be if a new high school would need to be built. Such a statement appears completely oblivious to the regional evaporation of demand for age-restricted housing, and the documented trend of approved projects having their restrictions on age lifted.

I therefore strongly recommend that the Planning Board require the applicant to submit a new, current market study for the type of housing that they are proposing, and that the applicant also be required to provide an alternative fiscal impact analysis that examines impacts under a scenario in which all age restrictions are lifted.

Assumptions

I also believe that the fiscal analysis that has been provided thusfar is itself heavily slanted to favor the developer’s position. The results of fiscal analyses can be manipulated to come out positive by either reducing the projected costs, or by inflating the revenue side. In this case, it appears that the revenue side of the equation has been inflated by utilizing extremely optimistic sale prices for the proposed housing units. The projected sale prices are used in the fiscal analysis to calculate the assessed values of the units for taxing purposes.

I believe a critical eye should be used in determining whether it is indeed valid to assume that the projected sales prices are realistic, and can be used to determine a real value, that in turn can be used to determine an assessed value for conducting a legitimate fiscal impact analysis. In the fiscal impact analysis, the applicant has represented that as many as 41 “estate houses” would sell for $1.46 million. These particular houses would be on lots as small as 16,875 square feet, or just over 1/3 of an acre. By comparison, a 12,776 square foot, 14 bedroom, 11 bath mansion in Tuxedo Park recently sold for $3.35 million. Rather than being on a tight lot surrounded by other homes, it sits on 3 acres fronting on Tuxedo Lake, with incredible views over the lake. It is hard to believe 41 buyers would find the proposed estate houses a good value by comparison.

The proposed estate houses could possibly be more directly compared to a 3,352 square foot home which sold within Tuxedo Park. That home sits on 1.5 acres, which is at the upper end of the lot sizes for the estate houses, and much larger than most. It has 7 bedrooms, 3 more than what would be in the proposed estate houses, and sold for $950,000, more than a full half-million dollars cheaper than the projected price quoted for the estate houses.

Beyond the manor houses, the applicant has also represented that as many as an additional 350 “manor houses” and “village houses” would also sell around $1.1 to $1.2 million. These homes would sit on very small lots, measuring only 0.29 acre and 0.18 acre, respectively. Is it truly reasonable to expect that these 350 homes would all sell for more than the $950,000 realized for the home on 1.5 acres within the very exclusive Tuxedo Park?

For nearly the same money, $946,400, Tuxedo reserve would offer as many as 158 “cottages” on lots measuring only 6500 square feet, or 0.15 acre. Is it truly reasonable to expect that there will be 158 willing buyers who would pay this sum for a 3-bedroom home on a tiny 0.15-acre lot, crammed next to other homes, when the same money could have purchased a 7-bedroom home on 1.5 acres, or fully 10 times the lot size?

The applicant’s fiscal impact analysis is therefore dependent on the assumption that more than 500 buyers can be found that would pay from just under $1 million to almost $1.5 million (in 2008 dollars) for these homes. Any new fiscal impact analysis should require a new market study to consider current economic conditions, and should be based on more realistic values for the proposed homes. It is very possible, if not likely, that the fiscal impact from this project would be negative if more conservative, realistic values are used in the analysis.

Mitigation should not be part of the analysis

I would also like to bring to the Board’s attention that the current fiscal analysis gives a dollar value to both the land being offered for a school site, as well as the offer to grade that land. It is improper for these items to be part of the fiscal impact analysis. The analysis should be limited to the positive and negative impacts of the proposed action by itself. After that is determined, then potential mitigative measures, such as the donation of land and services, can be evaluated as an offset to the anticipated impacts. But a donation is just that – a donation, and assigning a dollar value within the fiscal impact assessment is inappropriate. The donated land and grading would never be included as a line item in the school district’s annual budget, and would have no calculative impact on the budget, nor on the burden that taxpayers would pay. Yet, it is notable that some of the scenarios in the fiscal impact analysis are only tax positive once a positive credit for the land and grading is included.

Wildlife

There is no question that the area lying in a direct line between Mountain Lake and the large New York State wetland is an important wildlife corridor. Building in this area will have a severe impact on this corridor. The provision of tunnels under the roadways for wildlife passage may provide some mitigation, but will not completely compensate for this impact. The SEIS should provide a clear analysis of this impact, and include consideration of not putting any housing units within the area most utilized by wildlife. The potential impact on amphibians should be particularly highlighted.

The revelation that a timber rattlesnake was sighted on the property is an indication that the timber rattlesnake study conducted by the applicant may have been inadequate. It has come to our attention that the credentials of the lead investigator who conducted the study may be questionable as they regard rattlesnake investigations. Just prior to conducting the study, the lead investigator contacted Randy Stechert, a well-known rattlesnake expert in New York State, to request “training.” It is our belief that the Tuxedo Reserve property is the first time that this particular individual ever attempted to do a rattlesnake investigation. Given the recent revelation that a timber rattlesnake was indeed sighted on the property by others working for Tuxedo Reserve, we believe it is imperative to revisit this issue, perhaps this time using an expert chosen by and answerable to the Town directly.

Fracture Trace Analysis

The proposed Mountain Lake neighborhood would also be situated on top of a major bedrock fracture that runs along the axis defined by Mountain Lake and the NYSDEC wetland (see attached map). This fracture represents an interface between groundwater and surface water resources, as is evidenced by the presence of both Mountain Lake and the NYSDEC wetland along its axis. Where it runs under dry land, this fracture would be close to the surface, given the shallow depth of soil in that area. Therefore, it is especially susceptible to being a point of entry for any contaminants that would be produced from road runoff, pesticide usage, etc. Excavation activities could potentially expose this fracture even more.

A bedrock fracture acts very much like a pipe. It is a perfect conduit, transporting water quickly over a distance. The fracture under the Mountain Lake area intersects a second fracture within the NYSDEC wetland, which runs directly to the Ramapo River. It is therefore possible for contaminants to enter the fracture from the proposed new neighborhood, and contaminate both groundwater resources and the Ramapo River.

The SEIS should therefore examine the potential impact of placing the Mountain Lake neighborhood and associated road system over this fracture.

Open Space

The applicant has represented that the amount of open space will increase under the new amendment. This seems counterintuitive, given how areas previously proposed as open space would now be developed. Is this because the actual amount of land could increase with the PIPC land swap? Does this statement perhaps take into account setting aside the northern tract as open space? As part of the SEIS, the applicant should provide an understandable assessment of the impact on open space in general, and unfragmented blocks of open space in particular.

Wetlands

The Southgate Road entrance is being revised due to impacts on wetlands and vernal pools. How did this come up? Why weren’t these previously identified? Where is the additional study? The Planning Board asked the applicant for this same information, indicating that it has never been submitted. Clearly, this is new previously undisclosed information which has resulted in a proposed change to the project. As such, it should absolutely be provided as part of the SEIS. Particular emphasis should be placed the impacts that would occur to wetlands and vernal pools without the PIPC land swap.

Stormwater Runoff

The applicant has stated to the Planning Board that the amended project has been calculated to have approximately 50 acres of impervious surface more than the approved plan. Whether this is an error in the original calculations for the approved plan, or an actual increase resulting from the proposed amendment, it nonetheless represents a significant potential stormwater runoff impact that has not been considered under the previous SEQRA analysis. It is therefore an issue that is critical to be considered in the SEIS.

Traffic

As part of the proposed amendment, the applicant has stated that they will be eliminating certain proposed traffic improvements previously agreed to under the 2004 Special Permit. To support this change, the applicant cites traffic counts taken on July 2, 2008, to show that area traffic has decreased. However, it is entirely improper to take traffic counts in residential areas during the summer. Such counts would be expected to be lower. There is no school-generated traffic, and some percentage of the drivers who would normally be commuting during the peak hour are on vacation. This would be especially true on July 2, with the July 4 national holiday just two days away. When this point was raised during Planning Board review, the applicant cited additional counts taken in October that confirmed the July counts. However, the October counts were never submitted for review. This proposed project change should therefore not be approved without valid supporting studies provided in the SEIS.

In addition, the applicant is now proposing 33,000 square feet of commercial use, a 1000% increase over the 3,000 square feet previously approved. This obviously represents an increase in traffic that would be generated by the commercial component. The applicant has represented that the patrons of these commercial uses will come exclusively from within the development. If so, this should be documented with supporting evidence in the SEIS. Even if true, however, truck traffic and other forms of delivery necessary to support the commercial uses will increase.

This is an obvious increased impact as a result of the requested amendment, and should be analyzed in the SEIS.

Sewage Treatment

The proposed project will generate a significant amount of sewage, which will obviously need to be treated through a sewage treatment plant, whether that be a plant that serves the region, the Town, or limited solely to the confines of Tuxedo Reserve itself. Given that this project stands to double the Town’s population, it seems inconceivable that the implications of treating this waste have not been thoroughly examined to date. Depending on the treatment alternative chosen, the project may present serious implications to the receiving plant, and to the Ramapo River. This particular issue has generated great concern among many individuals and groups. As it is a direct impact of the proposed action, it should be discussed in the SEIS, if for no other reason than to expose the issue to public review and comment.

Tuxedo Lake Watershed

New development, including roadways, is now being proposed on approximately 30 acres within the Tuxedo Lake watershed. Tuxedo Lake is a drinking water supply for 700 residents within Tuxedo Park, and an additional 700 residents within the hamlet of Tuxedo. The potential impact on the water quality of Tuxedo Lake is a new issue associated with the proposed amendment that needs to be addressed in the SEIS.

Alternative Analyses

We completely support Mr. Wolinsky’s suggestion that the PIPC land swap be treated as a design alternative. From our investigation, we feel that the land swap actually coming to fruition is highly unlikely, even if it receives the full endorsement of the Town Board. As such, focus should rightly be placed on the plan without the land swap, with the land swap being only a possible alternative.

As the applicant has represented that the proposed amendment was prompted by the desire to avoid environmental constraints, such as steep slopes, wetlands, and vernal pools, it would be logical to examine another alternative that considers a reduction of the number of proposed units to achieve the same goal. It should be noted that the 2004 Special Permit was approved for “no more than 1,195 residential units.” It is therefore entirely appropriate to consider an alternative which would avoid identified impacts through a reduction in unit count. This includes not allowing the use of flag lots to “shoe-horn” in units to achieve the 1,195 unit count.

Conclusion

The issues discussed above contain serious implications for the proposed project, and for the Town of Tuxedo and its residents. The changes proposed in the amendment are extensive and far-reaching, and should rightly be exposed to the greatest possible level of public input and review. To that end, it is our sincere hope that the Board will accept the suggestion of Mr. Castricone to hold a public scoping session.

The bottom line is that the Board must approach the preparation of the SEIS with the idea that it will be their document, reflective of their opinions and conclusions, not the applicant’s. I understand that the Town’s consultants met with the applicant’s consultants, where some “give and take” occurred regarding the issues to be contained in the SEIS. I would strongly recommend that regardless of this negotiation, the Town Board requires that the SEIS includes an analysis of any issue that the Board sees fit, and that the scope includes all of the issues discussed in this letter.

Should you wish to contact me regarding anything contained in this letter, please do not hesitate to call me at (845) 986-5350.

Thank you for your consideration.

Respectfully submitted

Stephen M. Gross
Principal
Hudson Highlands Environmental Consulting

cc: Tuxedo Planning Board
N. Hays, Target Tuxedo

STEVE GROSS LETTER 4/09

April 6, 2009

Town of Tuxedo Planning Board
1 Temple Drive
Tuxedo, N.Y. 10801

Re: Proposed Amendment
Tuxedo Reserve

Dear Honorable Members of the Board:

On behalf of my clients, Target Tuxedo, I am pleased to see that the Planning Board has requested that the applicant provide the Board with cuts and fills estimates. I must, however, disagree somewhat with a response that was given to the Board by your engineering consultant at the March 31st workshop meeting. He stated that the applicant provided an estimate of the area of disturbance, and that the actual cuts and fills were unnecessary. Yes, having the projected area of disturbance is a very critical piece of information that was previously absent, but is only one large piece of a bigger puzzle. It is also critical to have the actual estimates of cuts and fills, inclusive of a map that indicates the actual topographic changes. It is also important to know which cuts will occur in rock, and which will occur in unconsolidated material (soil). Cuts that occur in rock will require blasting, and will generate a larger volume of fill material than what was cut.

Make no mistake – the applicant has this information. It is the basis of how the area of disturbance was calculated, as well as the determination of the “balanced” nature of the cuts and fills. They used this study as a tool; there is no reason why the Planning Board and its consultants should be denied the use of the same tool. It is, in fact, the only way in which the Town can review and affirm that the area of disturbance shown as being correct. I listened as your consultant characterized the mapping of the area of disturbance as being “conservative”. I would submit to you that there is no way to reliably make such a determination without being able to examine the basis (i.e. the topographic changes necessary for grading) that resulted in the mapped area of disturbance. Accordingly, I hope the Planning Board will not back off from making sure it is provided with the full extent of information it requested.

Fiscal Impacts

From the start, the applicant has represented to the Town that this project would have positive benefits for the Town. Chief among them was that it would be a positive tax ratable. A significant factor in making this representation is that a very large portion of the project would be age-restricted, with no school-aged children allowed. This portion of the project would therefore contribute greatly to the school’s tax base, with no additional demand on services. Were this not true, and this portion of the project be available without restriction to all families, the demand on educational services would be significantly higher, and the project would become tax-negative, creating an additional tax burden on existing residents as a result.

To that point, I would like to draw the Planning Board’s attention to the attached article that recently appeared in the Star-Ledger in neighboring New Jersey. This article documents that the regional demand for age-restricted housing has evaporated, and more importantly, that Planning Board after Planning Board, in Town after Town, has been forced to reluctantly agree to lift the age restrictions on a long list of approved age-restricted developments. It seems nearly inevitable that such a fate awaits Tuxedo reserve as well, yet the applicant has not retreated an inch from representing the project as being largely age-restricted and tax-positive, even to the point of stating that the only scenario in which the fiscal impact would be negative would be if a new high school would need to be built. Such a statement appears completely oblivious to the regional evaporation of demand for age-restricted housing, and the documented trend of approved projects having their restrictions on age lifted.

SEIS

Both the issue regarding topographic changes/cuts and fills, and the potential greater fiscal impact illustrate quite clearly why there is a need for a Supplemental Environmental Impact Statement (SEIS). In the case of topographic changes/cuts and fills, it is clear that this issue was not adequately studied under the original SEQRA process. By the applicant’s own representations, the proposed amendment was precipitated by the fact that in-the-field conditions were more limiting to the construction of roadways and housing sites than they had previously believed from the assessments they had made. At least one of the previous two amendments was also the result of the same sort of “discovery”. Yet, the applicant, and by extension, the Town Board and Planning Board, relied on the studies provided by the applicant to conclude that not only was the massive project approved not only feasible, but that it also would result in an acceptable level of environmental impact.

It is clear now from multiple amendment requests, as well as the applicant’s representations as to how undesirable it would be to develop the property as originally approved, that the original SEQRA process failed to disclose the true site conditions, nor the impacts that would have resulted if developed as it was approved. It should not take three subsequent amendments to “get it right”. Rather, the Town, through either the Town Board as Lead Agency or the Planning Board, should take the opportunity of this current amendment to properly revisit these critical issues within the SEQRA process, requiring full and complete information from the applicant, and opening up everything to the light of public and interested agency review. This Planning Board has conducted itself in an admirable fashion, trying to gain as complete an understanding as is possible with an applicant that has at times continued to provide excuses instead of information. Perhaps, through the process dictated by SEQRA, earlier deficiencies can be corrected, and the good work of the Planning Board can be supplemented in the course of public and agency review.

Requiring an SEIS would also subject the issue of developing on the PIPC land to its first SEQRA review. No information about this acreage, nor the impact of developing upon it, has ever been available for public review.

Previous SEQRA review indicated that the Mountain Lake area now proposed for development was undevelopable, as it was constrained by steeps slopes, rock outcrops, and constituted a significant wildlife corridor. The current application now downplays these same issues. This should be fully studied in an SEIS, with comparison made to representations made in previous SEQRA documentation. How has this area suddenly become “developable”?

I am hopeful that you find this letter essentially unnecessary in that you have already decided as a Board to recommend that the Town Board as lead agency require the preparation of an SEIS. I am equally hopeful, however, that you will find the information I have provided regarding cuts and fills/grading impacts and fiscal impacts to be useful, and that you will consider it carefully in when making your recommendations to the Town Board.

Thank you for your consideration.

Respectfully submitted,
Stephen M. Gross
Principal
Hudson Highlands Environmental Consulting

cc: Tuxedo Town Board
N. Hays, Target Tuxedo

STEVE GROSS LETTER 3/09

March 12, 2009

Town of Tuxedo Planning Board
1 Temple Drive
Tuxedo, N.Y. 10801

Re: Proposed Amendment
Tuxedo Reserve

Dear Honorable Members of the Board:

I have watched with great interest the diligent manner in which the Planning Board has conducted their review of the proposed amendment to Tuxedo Reserve. On behalf of my clients, Target Tuxedo, I wish to express my appreciation for the hard work that this Board has put into this effort. I am writing now to provide support to the Board on an issue that was raised by member Mary Hansen at the last Planning Board meeting.

Andrew Dance was asked to provide the Planning Board with a cut and fill analysis. His response was to claim that such an analysis was done, but was so preliminary in nature that he deemed it to be of insufficient value to provide to the Board. In particular, he cited how it would be changed as final engineering was done, and even to the point that adjustments would be made in the field. Interestingly, it was at this point he looked directly at me, and asked, “Is there an issue here?” It was as if he read my mind, for indeed there is.

In my career, I have personally written dozens of Environmental Impact Statements, as well as reviewing several others working as a Town consultant. For a development such as this, a basic, fundamental analysis always included a calculation of the area of disturbance. This calculation, in turn, is necessarily dependent on a cut and fill analysis. Obviously, the outer extent of cuts and fills distant from a roadway or building construction becomes the outer perimeter of the area of disturbance.

Consider the lack of logic in Mr. Dance’s response to the Board. He is stating that he does not believe that the cut and fill analysis should be provided because it is “preliminary”. If that is the case, then how is any information submitted by the applicant to be considered reliable? With this logic, Mr. Dance calls into question the stormwater analysis, and all the other analyses of impacts that are necessarily based on the cut and fill/area of disturbance analysis that they had to rely on. If the cut and fill analysis is too preliminary to submit to the Board, then why was it considered adequate and reliable enough to form the basis for all of the other engineering and SEQRA analyses that have been presented to the Town? Are the results of these studies therefore themselves inadequate and unreliable? Perhaps, in fact, they are. I sincerely doubt, however, that this is the position that Mr. Dance wishes to take.

In my experience, the only instance in which an applicant holds back a cut and fill analysis is when it reveals that the extent of physical disturbance on a property may prove somewhat shocking to the reviewing agency and the public. Such was the case with Sterling Forge Estates, and the eventual provision of the cut and fill analysis for that project revealed the true “eye-opening” extent of environmental impact that would have resulted from that project. Given the extreme rugged terrain on the Tuxedo Reserve project site, requiring a cut and fill analysis for the benefit of the Planning Board’s review is absolutely essential.

Notice that I put “essential” in italics. Consider it to also be bolded, underlined, and have a circle and stars drawn around it. I can not emphasize this point enough. Unless the Planning Board and Town Board have this information available for their review, it is absolutely impossible for the Town of Tuxedo to have conducted a “hard look” as required under SEQRA, making any decision that is eventually made easily challengeable by affected parties.

While I am on the issue of SEQRA, allow me to also reiterate the obvious need for this amendment to be subject to a Supplemental Environmental Impact Statement (SEIS). The applicant has attempted to circumvent this requirement by providing a “Draft Technical Memo”. Such a document, however, has no standing under SEQRA. The same information, plus more that has already been requested by the Planning Board, should be formally embodied in a SEIS, commensurate with the required public scoping session, interested and involved agency reviews, and public comment and hearings. There is no doubt that, given the large scope of changes proposed, the potential addition of land not previously studied, the introduction of development into areas not previously considered, and the whole host of issues correctly raised by the Planning Board, that this amendment clearly exceeds the threshold needed to require further SEQRA review.

On behalf of my clients, I therefore implore you to demand that the applicant provide the requested cut and fill analysis, and that you also recommend to the Town Board that a SEIS be required.

Thank you for your consideration.

Respectfully submitted,
Stephen M. Gross
Principal
Hudson Highlands Environmental Consulting

cc: Tuxedo Town Board
N. Hays, Target Tuxedo

STEVE GROSS LETTER 1/09

January 7, 2009

Town of Tuxedo Planning Board
1 Temple Drive
Tuxedo, N.Y. 10801

Re: Proposed Amendment
Tuxedo Reserve

Dear Honorable Members of the Board:

I have been requested by Target Tuxedo to review the proposed amendment to the Tuxedo Reserve project. I have examined the proposed amendment, as well as past SEQRA documents, plans, and environmental resource mapping. I offer the following comments for your consideration.

General Comments

It is clear that this proposed amendment represents a substantial change from the configuration that was considered and approved under the previous SEQRA analysis. It is also clear that several aspects of the proposed amendment represent an increased potential for environmental impacts that need to be assessed under SEQRA.

In general, the site is very rugged, and new development is being proposed in areas not previously studied. This alone should require an SEIS. But in addition, the amendment proposes to increase retail space within the project by a factor of 11, from 3,000 square feet to 33,000 square feet (including the proposed farmer’s market.) Clearly, this 1100% increase of retail represents a potential increase in impacts in such areas as traffic, fiscal impacts, impact of businesses within the hamlet, and increased physical impacts to accommodate the increased square footage.

On behalf of Target Tuxedo, I therefore respectfully and strongly request that the Planning Board recommend to the Town Board as lead agency that they require a Supplemental Environmental Impact Statement (SEIS) to address these issues.

My specific comments regarding the proposed amendment are as follows:

Cuts and Fills

As noted, the project site is very rugged. The most significant impacts of developing the site are likely to come from the manipulation of the terrain to accommodate the proposed development. The only way to adequately assess these impacts is to do a cut and fill analysis. Cuts and fills often extend far beyond the ROW for a road, or from the footprint of a structure. While the applicant has provided idyllic drawings of what residential units built on stilts would potentially look like, it is likely that these units would be built on an extensive fill slope below the adjacent roadway, and that this fill slope would extend far beyond the footprint of the housing units themselves.

Yet, it does not appear that a cut and fill analysis has ever been provided to either the Planning Board nor to the Town Board. The applicant has apparently performed such an analysis, as can be inferred from looking at Tuxedo Reserve Preliminary Plan Figure 4-3: Southern Tract Wetlands and Wetland Disturbance Buffer. This figure indicates several areas of grading disturbances that are within the wetland buffer. These grading impacts can only have been derived from a cuts and fills analysis, of which the Board has only been provided that portion which extends into a wetlands or wetlands buffer. Why hasn’t the applicant provided the entire cuts and fills analysis?

By looking at Figure 4-3, however, the extent of at least some of the cuts and fills can be inferred. I ask the members of the Board to note how distant the identified buffer grading impacts are from the actual source of the grading. Examples include the fill below the two end lots on Tucseto Trail, which even extends significantly beyond the lot lines, and the road grading west of Bridle Trail Road north of Bluff Lane (see insert). In the Bridle Trail Road example, note how distant the western edge of the “road grading” is from the road itself. Again, these impacts are being disclosed solely because they fall within the regulated wetlands buffer. One can only imagine the total extent of cuts and fills along both sides of the rest of the roadway, as well as the total depth of the fill. Likewise, a cuts and fills analysis elsewhere on the property, especially where the slopes are at their steepest, would likely reveal significant impacts heretofore not disclosed during SEQRA.

plan

Such a cuts and fills analysis was, in fact, required by the Tuxedo Town Board for Sterling Forge Estates. Once completed, several significant areas of impacts were disclosed. The most remarkable of these was at the entrance road from Long Meadow Road, where an examination of the cuts and fills revealed that there would be a 98-foot cut on the west side of the road, a 28-foot fill on the east side of the road, terminating at an retaining wall, measuring an additional 14-20 feet high at the wetland boundary, with all of it being readily visible from Long Meadow Road. NONE of these impacts were identified in any SEQRA document.

I understand that a somewhat similar situation occurred in the North Ridge Review, resulting in additional land being bought to accommodate a redesigned Quail Road. The lessons learned from that review should be applied here, but with the cuts and fills analysis being required as part of the SEQRA process. Given this recent experience, it is especially difficult to conceive that the lead agency can satisfy the legal requirement to take a “hard look” under SEQRA without such an analysis.

I will also note that without the availability of a cuts and fills analysis on the originally approved plan, it is impossible to determine the veracity of the applicant’s assertion that the proposed amendment does not represent an increased potential impact over the approved plan. I believe, given the ruggedness of the terrain, particularly in the “new” Mountain Lake area, that a cuts and fills analysis is essential, and should be required as part of an SEIS, just as it was for Sterling Forge Estates.

Blasting

Along with the cuts and fills analysis, an analysis of the potential need for blasting should also be assessed. This is very different from developing protocol for a blasting program. Rather, this analysis, which would be based on the cuts and fills analysis, would project how much bedrock would need to be removed. The area being developed suffers from a large amount of exposed bedrock and extremely shallow soils over bedrock. It is likely that most of the material which would need to be cut would be bedrock rather than soil.

It is also noteworthy that the particular bedrock in this area consists of very hard, dense material, which will likely require blasting rather than mechanical chipping. Removal will likely be prolonged, and loud. The broken material will also expand in volume, meaning that the amount of resulting fill material will consist of a significantly greater volume than that which was cut. It is extremely likely that excess material will need to be transported offsite, adding long-term truck traffic to area roads.

Wildlife

It is notable that the Mountain Lake area was previously identified as a major wildlife corridor. This makes perfect sense, given its situation between two major wetland areas. This, along with the presence of extremely steep slopes, may have in fact been a major factor in why this area had been previously set aside and not proposed for development. Despite the attempt to provide some limited wildlife corridors through the new development area, there is no question that the Mountain Lake development represents a significantly increased impact on wildlife habitat than that which existed under the approved plan, and should be examined as part of an SEIS.

Commercial Development

As previously stated, the commercial component of the proposed amendment, at a total of 33,000 square feet, represents a 1100% increase over the approved plan’s 3,000 square feet. There is no question that this represents a potential increased impact over the approved plan. An SEIS should examine impacts from increased traffic, fiscal impacts, and the impact on the existing business district in the hamlet.

Traffic

The assertion that traffic in the area has decreased from previous levels seems absurd. This measured “reduction” is explainable when it is seen that the new counts were taken during the July 4th vacation week. It is a cardinal rule of traffic analysis that counts are not taken during the summer when commuter traffic is lighter due to vacations, and all school-generated traffic is completely absent. It is especially important to not take counts during a high vacation week such as July 4th. In this application, the applicant has proposed a reduction in the traffic mitigation measures that were agreed upon with the original approval. No such reduction should be allowed based on these obviously unreliable counts. Rather, the applicant should be required to provide additional analysis for potential new traffic generated by the new commercial space, as well as trucks transporting blasted material offsite.

Summary

The Planning Board is to be commended for its diligence in carefully examining the details of the proposed amendment, including the multiple meetings that it held within a very short period of time for that purpose. However, this effort should not be substituted for the benefits that would be derived from requiring a Supplemental Environmental Impact Statement. Even after the extreme effort made by the Planning Board, many unanswered questions remain, of which I have listed only a portion herein.

Given the huge scope of this project, and that of the proposed amendment, as well as the ruggedness and environmental sensitivity of the project site, it is imperative that this proposed amendment be given the “hard look” required under SEQRA by requiring a Supplemental Environmental Impact Statement. This will also provide the public with a reasonable vehicle for substantive input.

Thank you for your consideration of my comments.

Respectfully submitted,
Stephen M. Gross
Principal
Hudson Highlands Environmental Consulting

cc: Tuxedo Town Board
N. Hays, Target Tuxedo

Town Board Meeting September 14, 2009

The Town Board met on Monday, September 14, 2009 at 7:30 pm. Councilman Darling was absent.

The meeting began with a moment of silence in honor of long time Town resident William McGrady and retired Town Hall clerk Diane Weiler both of whom passed away recently.

Supervisor/Town Board Update:

Supervisor Dolan reported that the King’s College property has been purchased by the Jehovah’s Witnesses who plan to move their administrative offices there. They have received a permit from the Town of Warwick (the property is located just inside the Town line of Warwick but is in the Tuxedo School district) to inspect the buildings in order to see what needs to be done. As there will be no children residing on the property, there should be no affect on the School District. Jehovah’s Witnesses are a nonprofit organization so the property will be off the tax rolls, but this property has already been off the tax rolls for many years.

The water in Maplebrook still has not been fixed as the water company is waiting for DEC approval.

The New York Thruway Authority will be replacing the bridge to Arden. The project is scheduled for 2010.

Discussion and Possible Resolution – Tuxedo Reserve Revised DSEIS Completeness and Scheduling of Public Hearing
The discussion began with comments from the public.
On Behalf of TARGET Tuxedo Steve Gross, of Hudson Valley Environmental Consulting commented that he feels the amount of impervious surface in the project has been underestimated as none of the retaining walls or rock cuts have been included in the calculation. Even without these things added in, there is an additional 12 acres of impervious surface in the 2008 plan which, Mr. Gross pointed out, is a significant amount He also expressed concern regarding the addition of a retention pool in Sloatsburg commenting that this is a major change to the project which he feels should have been addressed in the DSEIS.

Ulrich Pendl of Tuxedo Park inquired of the Board as to which one of them has the primary responsibility of understanding the fiscal impact of the project. He was told that all Board members share this responsibility. Mr. Pendl then expressed his concern that the fiscal study has been paid for by the applicant.
Town Attorney Larry Wolinsky explained that typically the applicant prepares all the environmental impact statements. He continued on to say that Town Board would review the study and once it has been declared complete, the Town consultants could review it as well

John Kwasnicki of Sloatsburg expressed concern that other affected municipalities (Village of Tuxedo Park, Village of Sloatsburg, Town of Ramapo) have not received the DSEIS document. He believes that it t is the responsibility of the Town Board as lead agency for the project to circulate the document. Town Attorney Larry Wolinsky and Tuxedo Reserve Attorney Stephen Barshoff explained that such notification would take place after the document is declared complete.

Town planner Bonnie Franson was not present at the meeting but she submitted a memo in which she listed only a very few minor changes that she would like to see included in the DSEIS. When asked, Town Engineer Jeff Marsden commented that for the most part, the applicant has addressed all of his questions, however he submitted a memo in which he detailed some minor changes to the document. He further commented that he feels the document should be declared complete subject to “cleaning up” the items identified in the memos so that the process can move forward.

After some discussion, the Board declared the document complete and set a public hearing date for October 26, 2009 at 7:30 pm.

The following resolutions were passed during the rest of the meeting:

A resolution authorizing agreement to perform snow and ice removal on county roads for a fee of $45,500. This is granted annually.
A reminder that the public hearing on a Local Law entitled “Signs” will take place on September 28, 2009 at 7:30 pm
A notification of a Full-Volume Test of the Indian Point Siren System on September 16, 2009 between approximately 10:00 and 10:30 am.
A resolution to levy unpaid Planning Board fees onto the property taxes of Michael Stewart.

The meeting was adjourned into an Executive Session to discuss personnel issues.

Town Board Meeting August 24, 2009

The Town Board met on Monday, August 24, 2009 at 7:30 pm. Councilman Castricone was absent.

Public Comments on Agenda Items:
Dale Mottola, member of the ARB, expressed concern regarding the new sign law and how it might affect those applications that are already before the Board. After some discussion, it was decided that those applicants will be given a choice: if they want their application considered under the present law, they can proceed or if they prefer the proposed new law, they can withdraw their application and wait until the new law is passed.

Most of the comments were relative to agenda Item #3 – a discussion of Tuxedo Reserve DSEIS Completeness. Jim Hays, Deputy Mayor of the Village of Tuxedo Park, commented that the Village had asked their engineers, Weston & Sampson, to closely review the DSEIS. After completing this review , Westin and Sampson stated that the area of the project that is in the Tuxedo Lake watershed is actually larger than what the applicant has indicated. Mr. Hays suggested that Town Engineers should look into this. Also, he indicated that there are discharges from several catchment basins that should be discharging into the Tuxedo Lake Watershed but they appear to be discharging out of the Tuxedo Lake watershed. The Village feels it is important not to take water out of the Tuxedo Lake Watershed.

Mary Graetzer of Tuxedo Park suggested that the Board have the Town Planning Board review the DSEIS and give comments as to it’s completeness.

Representing the Tuxedo Joint Fire Distrcit, former Town Supervisor Ken Magar, stated that the District has “issues” with the project. Representatives from Tuxedo Reserve were invited to the August meeting but there was a mix up and they didn’t attend. The meeting will be rescheduled.

On Behalf of TARGET Tuxedo Steve Gross, of Hudson Valley Environmental Consulting, commented that although he was gratified to see a cut and fill map showing 50 retaining walls and 25 rock cuts included with the DSEIS, the document was lacking any discussion on this subject. Having reviewed the map, Mr. Gross feels that more questions have now opened up.
Supervisor Dolan then announced that any further comments on the Tuxedo Reserve DSEIS would be heard when the item was discussed during the meeting.

Town Supervisor/Town Board Update:
Supervisor Dolan reported having received multiple complaints about the water quality in Maplebrook. Consequently, he met with representatives of United Water. The problems are the result of high turbidity levels in the water.. United Water will put a polyphosphate drip in the water and will also install an improved filtration system. They hope for better water quality within a week. United water is working on a “better engineered” solution but this will require both DEC and Orange County Board of Health approval and thus take some time.

Supervisor Dolan introduced Orange County Legislator Noel Spencer who presented the Town with a flag commemorating New York’s Quadricentennial (http://www.exploreny400.com/Home.aspx).

Presentation by Allstate on Voluntary Employee Supplemental Health & Disability Insurance:
This presentation was tabled until a future date due to the Allstate representative’s inability to attend the meeting.

Discussion of Tuxedo Reserve DSEIS Completeness:
Town Attorney Larry Wolinsky opened the discussion by stating that the Town’s consultants have compiled a list of items that they believe should be addressed before the DSEIS can be declared complete.

Town Planner, Bonnie Franson outlined her comments, which have been submitted to the Town Board in a memo. Briefly, her criticisms/suggestions include:

An inconsistency in references to the acreage of the project.
Inconsistencies in the phasing as evidenced in the new tables
Mapping needs to be revised for accuracy
Archeological features of the site need to be mapped so as to show where they are in relation to proposed housing.
The analysis of wildlife habitation is more qualitative than quantitative.
The overall disturbance within the Tuxedo Lake watershed
More details need to be given showing the locality of Maplebrook in relation to the PIPC lands.
The document needs a Table of Contents and an up to date list of appendices.

Town Engineer Jeff Marsden outlined his criticisms and suggestions including:

The graphics are not well defined. With respect to drainage, they should show what’s going to Ramapo and what’s going to Tuxedo.
The hydrology section is confusing and needs to be more clearly discuused. For example, there are “contradictory and misleading statements on the issue of surface water/groundwater interactions.”
The blasting protocol needs to be discussed.
Details on retaining walls and rock cuts need to be given.
Stripping of topsoils needs to be addressed.
There are no calculations of impervious coverage included.

Peter Regna of Tuxedo Park expressed his apprehension regarding the water supply. He stated that Tuxedo Lake, which is fed from ground and surface water, is vulnerable and sensitive. Since there are fissures in the rocks within and surrounding Tuxedo Reserve, Mr. Regna is concerned that the run off from the project could find its way into Tuxedo Lake. He would like to see this addressed in the DSEIS. He is also concerned with the tax positive/negative nature of the project. He wonders how many people the current residents of the Town will be subsidizing? He notes that 66 properties within the proposed development are listed to be sold at $1.46 million. Given the current state of the real estate market, Mr. Regna finds this price to be exaggerated. If these numbers do not hold up and the properties can’t be sold for that amount of money, the development becomes tax negative for the Town.

Steve Gross agreed with Mr. Regna and stated that there are more than 500 properties within the project, which are calculated to sell for over a million dollars. These calculations were made as of June, 2008, which was the peak of the real estate market. The market now is 7-12% off peak according to Mr. Gross. The project was sold to the Town on the basis that it would be tax positive, and if these numbers do not hold up, that could change. Another concern is that the bottom has fallen out of the Age Restriction market. Research shows that most every other community with age restrictions has since lifted those restrictions. If the restrictions end up having to be lifted in in Tuxedo Reserve, the numbers would change dramatically.

Mr. Gross also expressed concern that the retaining walls have not been included in the calculation of impervious surfaces within the project. He also would like to see a stormwater analysis calculated on the new figures. According to Mr. Gross, there are major fractures in Mountain Lake and the DSEIS dismisses them and offers no analysis.

Finally, Mr. Gross notes that there is no discussion of endangered or threatened species within the project area. Unless Related considered that the rattlesnake which was found and subsequently eaten by a worker on the property to be the last one in existence, a study must be done.

Patsy Wooters, President of Torne Valley Preservation Association, expressed her frustration with the process. She had not had a chance to look at the DSEIS because she was told that the document was not in a final form and would inevitably change before becoming final. She noted that the Town Board has had approximately a year to review the project and wondered how much time the public would be given to review the documents before a public hearing is called. Town Attorney Wolinsky replied that there is a minimum of 30-45 days – “plenty of time.”

A letter from Tuxedo Park resident Ulrich Pendl was read into the record. Mr. Pendl is unhappy with the fiscal analysis done for the DSEIS and urged the Town to appoint a different, independent firm to do another analysis. Supervisor Dolan replied that the Town is not considering a new fiscal analysis, however he reported that they are considering doing a “real estate analysis.” He also commented that the Town is not responsible for identifying every possible impact from the project.

During the remainder of the meeting, the following resolutions were passed:

A resolution to introduce a local law entitled “Signs” with a public hearing date of 9/28/09.
A resolution to appoint Syndy Escobar and John W. Barton, Jr. as Part-Time Police Dispatchers
A resolution to grant Special Sign Permits to Masker Orchards for Directional Signs
A resolution to deny release of Millennium Pipeline Bond and to Demand Landscape Restoration at Indian Kill Resevoir
A resolution to authorize signing of a 3009 Orange County Planning Grant contract. This grant would include $5000 to explore geothermal solar panels at the Town Highway garage and $5000 to study the feasibility of a hydro electric dam on the Ramapo River.
A resolution to authorize settlement of Tax Certiorari Proceeding brought against the Town by 1 Park Avenue Tuxedo, LLC. The settlement is for $15,000.
A resolution promoting Joseph Mammato to Heavy Equipment Operator with a raise effective 7/25/09.

Agenda for Town Board Meeting August 24, 2009

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

Town Supervisor/Town Board Update
Presentation by Allstate on Voluntary Employee Supplemental Health & Disability Insurance
Discussion of Tuxedo Reserve DSEIS Completeness
Resolution to Introduce Local Law Entitled “Signs”
Resolution to Appoint Syndy Escobar and John W. Barton, Jr. as Part-Time Police Dispatchers
Resolution to Grant Special Sign Permits to Masker Orchards for Directional Signs
Resolution to Deny Release of Millennium Pipeline Bond and to Demand Landscape Restoration
at Indian Kill Reservoir
Resolution to Authorize Signing of 2009 Orange County Planning Grant Contract
Resolution to Authorize Settlement of Tax Certiorari Proceeding brought against Town by 1 Park Avenue Tuxedo LLC
Any other business as may come before the Board after this Agenda is posted

Public Comments
Budget Transfers
Vouchers
Adjournment

Agenda for Town Board Voucher Meeting August 3, 2009

Call to Order
Pledge of Allegiance

1. Review and approval of vouchers

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

Adjournment

Town Board Meeting July 27, 2009

Town Board met on Monday, July 27, 2009 at 7:30 pm. All members were present.

Public Comments on Agenda Items:
Ulrich Pendl of Tuxedo Park asked whether or not the Town has chosen a company to complete a fiscal analysis of the Tuxedo Reserve project. Supervisor Dolan called on Andrew Dance of Tuxedo Reserve and Tuxedo Reserve attorney Stephen Barshoff for an answer. Their response was that they are currently working through all of the Town’s concerns as enumerated in the recently passed resolution requiring the preparation of SEIS. (Supplemental Environmental Impact Statement) They are working with the Town’s consultants so as to be sure that the document they submit is complete. . A draft SEIS should be ready by Wednesday night and will be fed-exed to the Town for Thursday morning delivery. Allee King Rosen & Fleming (AKRF) is the firm that will be reviewing and updating the Town’s fiscal model. Mr. Pendl pointed out that the fiscal situation has changed much since the analysis was last done in 2002 and he feels that the Town should have their own fiscal analysis done. He commented that allowing the applicant to hire a firm to do perform this analysis is comparable to hiring a fox to watch the henhouse. Mr. Barshoff replied that the Town and not the applicant dictated this “method”. Supervisor Dolan stated that he would ask Town Attorney Larry Wolinsky for his opinion.

Mary Graetzer inquired as to the number of proposals for the Train Station space the Town has received. Supervisor Dolan replied that they have received 3 proposals. Mrs. Graetzer then asked what the proposals are for and why the Board has chosen to discuss them in Executive Session. The Supervisor responded that all 3 proposals are for businesses providing coffee and pastries for commuters and that the reason the proposals are being discussed in Executive Session is that the Board would be reviewing financial reports on the various applicants. Mrs. Graetzer expressed her concern that as much of the discussion and selection process as possible take place in public. All of the Board members expressed their desire to have the train station building available for Town Groups/Clubs to use as meeting space A men’s Book Club from Clinton Woods has approached the Supervisor for such permission to use the space and the Seniors and Chamber of Commerce have also expressed interest. Mrs. Graetzer commented that she thought that the American Legion Hall in Southfields had been designated for meeting space but the Board responded that this space is for larger events.

Supervisor/Town Board Update:
Supervisor Dolan reported that the Town has installed sterile carp in Alexander Pond in an attempt to reduce the algae. Additionally, they have applied to the DEC for a permit to use copper sulfate in the pond.

The Supervisor also advised that the Commuter Parking Lot will be paved and striped starting on July 28.

Councilman Castricone reported that a Maplebrook resident has commissioned an independent study on the water. For years, residents have been receiving annual reports from United Water indicating that the water is fine, however this study showed that there are problems. Supervisor Dolan said he had written to United Water asking for an explanation but has not received a response. Town Attorney Don Nichols advised the Board to take the reports to the Orange County Board of Health.

Councilman Castricone expressed concern with regard to speeding in Maplebrook. This was triggered by a recent automobile accident. The Board discussed several solutions including speed humps, removable speed bumps and an increased police presence. It was noted that speeding is also a problem in the East Village. The Board is concerned about speed bumps because they make it difficult to plow in the winter. The Highway department will look into possible solutions.

Councilman Castricone announced the death of Town resident Andy Armentani. Mr. Armentani was a resident of the Woodlands and an Emmy award winning cameraman for ABC Sports as well as a member of the Sons of Italy.

Recognition of Connor Briggs for Earning Rank of Eagle Scout:
Connor Briggs is an Eagle Valley resident and the son of Mark and Nancy Briggs. His Eagle Scout project involved the renovation and remodeling of a second-floor loft room at Grace Baptist Church in Ramsey, NJ. The room will be used to provide a number of outreach programs at the Church. Connor organized a team of volunteers to do sheet rocking, wood trim work, painting and decorating as well as new floor installation, masonry and electrical repairs.

The following resolutions were passed:

A Resolution Determining Validity of Petitions for Propositiom to Increase Budgetary Allocation for the Tuxedo Park Library to be Included on the November 3, 2009 Ballot.
A Resolution appointing Corinna Irizarry and Joseph Russo as Part-Time Police Dispatchers.
A Resolution appointing Janet Maldonato as Temporary, Part-Time Recreation Clerk.
A Resolution to Exercise Extension #1 of Moratorium on Outdoor Wood Burning Furnaces. This will extend the moratorium until November 10, 2009.
A Resolution to Approve Settlement of Certiorari Proceeding by Specialized Realty Services (the Xicom building).

A Resolution to Award Bid for Truck and Chassis-Mounted Combination Sewer Jet and Catch Basin Cleaner was postponed until all avenues of financing could be investigated.

There was discussion of hazardous conditions due to vegetation overgrowth at the corner of Brandy Hill Road and Route 17. The Board sent a letter to the wrong property owner. No one is living in the house where the problem exists. The Board voted to have the highway department cut back the vegetation and then to send the property owner a letter stating that if he didn’t take care of it next year, there would be a charge.

Other Business:
Laurel Ridge resident Helmut Nimke submitted a “syllabus on Sewage Treatment Plants” to the Board. This was a follow up to his April 29t letter to the Board and several articles in the Times Herald Record.

Councilman Darling reported that the cell tower contract still requires some clarification, but he hopes to have it worked out soon. He is also looking into a hydroelectric dam on the Ramapo River and requested $1500 to be spent on a feasibility study. This request was passed by a vote of 3-2 with Councilwoman Spivak and Supervisor Dolan voting against the study.

The meeting was then adjourned into an Executive Session to discuss the proposals received for the Train Station.

Agenda For Town Board Meeting July 27, 2009

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

Town Supervisor/Town Board Update
Recognition of Connor Briggs for Earning Rank of Eagle Scout
Resolution Determining Validity of Petitions for Proposition to Increase Budgetary Allocation for the Tuxedo Park Library to be Included on the November 3, 2009 Ballot
Resolution to Appoint Corinna M. Irizarry and Joseph Russo as Part-Time Police Dispatchers
Resolution to Appoint Janet Maldonato as Temporary, Part-Time Recreation Clerk
Resolution to Exercise Extension #1 of Moratorium on Outdoor Wood Burning Furnaces
Resolution to Award Bid for Truck & Chassis-Mounted Combination Sewer Jet and Catch Basin Cleaner
Resolution to Approve Settlement of Certiorari Proceeding by Specialized Realty Services
Discussion and Possible Resolution to Authorize Highway Department to Remedy Hazardous Conditions of Vegetation Overgrowth at Corner of Brandy Hill Road and Route 17 and Charge Cost to Homeowner
Any other business as may come before the Board after this Agenda is posted

EXECUTIVE SESSION - Discussion of negotiations prior to award of Train Station Request for Proposals

Public Comments
Budget Transfers
Vouchers
Adjournment

Consultant For Target Tuxedo Raises Issues With Tuxedo Reserve

Steve Gross, consultant to the citizens action group Target Tuxedo, has submitted the following letter to the Town Board on behalf of the group with regard to the Tuxedo Reserve Development. In the letter, Mr. Gross outlines several key issues relative to the Supplemental Environmental Impact Statement for the project.

June 18, 2009

Town of Tuxedo Town Board
1 Temple Drive
Tuxedo, N.Y. 10801

Re: Tuxedo Reserve
SEIS scope

Dear Supervisor Dolan and Honorable Members of the Board:

As noted by your counsel, Larry Wolinsky, SEQRA provides that a SEIS may be required by a lead agency to examine “adverse environmental impacts not addressed or inadequately addressed in the EIS,” and while the SEQRA documentation has been prepared by the applicant, it must, in the end, be accepted by the Town Board as their document, and reflective of their opinions and findings, which may or may not be shared by the applicant.

Original DEIS was inadequate

Cuts and Fills/Area of Disturbance

Fiscal Impacts

Age Restrictions

Assumptions

Mitigation should not be part of the analysis

Wildlife

Fracture Trace Analysis

The SEIS should therefore examine the potential impact of placing the Mountain Lake neighborhood and associated road system over this fracture.

Open Space

Wetlands

Stormwater Runoff

Traffic

This is an obvious increased impact as a result of the requested amendment, and should be analyzed in the SEIS.

Sewage Treatment

Tuxedo Lake Watershed

Alternative Analyses

Conclusion

Should you wish to contact me regarding anything contained in this letter, please do not hesitate to call me at (845) 986-5350.

Thank you for your consideration.

Respectfully submitted,

Stephen M. Gross
Principal
Hudson Highlands Environmental Consulting

cc: Tuxedo Planning Board
N. Hays, Target Tuxedo

Town Board Meeting June 22, 2009

The Town Board met on Monday, June 22, 2009 at 7:30 pm. Councilman Darling was absent.

Public Comments on Agenda Items:
Most comments were a reference to Item #2, the resolution to require preparation of a Supplemental Environmental Impact Statement for Tuxedo Reserve’s 3rd Application for Amendments to Special Permit.

Steve Gross, of Hudson Valley Environmental Consulting, representing TARGET Tuxedo, made a plea for a public scoping session. He pointed out that there was a lot wrong with the original EIS done for this project and commented that it would make sense for the Board to make sure that it is done right the second time around.

Betsy Kohn, Co-Chair of the North Jersey Chapter of the Sierra Club, presented a resolution from the Sierra Club stating their opposition to the Tuxedo Reserve project and its impact on the Ramapo River Watershed as well as its ecosystem.

Patsy Wooters , President of Torne Valley Preservation Association, also stated her support for public scoping sessions. She noted that the amendment represents substantial changes to the project and commented that she feels the public has a right to be heard. She expressed particular concern with the run-off coming from the bedrock fissures throughout the project and the manner in which the construction process will effect the ground water and thus the drinking water for millions of people living downstream from this project.

Town Supervisor/Town Board Update:
Supervisor Dolan stated there was nothing major to report. There will be an update on cellphone towers at the next meeting.

Resolution to Require Preparation of Supplemental Environmental Impact Statement for Tuxedo Reserve 3rd Application for Amendment to Special Permit:

Councilman Castricone started the discussion by stating that he would not be averse to a public scoping session, however Councilpersons Phelps and Spivak expressed their opposition to the public scoping and Supervisor Dolan agreed with them.

The resolution lists both the areas of the project which do not need to be addressed by the SEIS as well as those that do including:

the Mountain Lakes Development area
the proposed PIPC land swap
new development in the Tuxedo Lake drainage area
the fiscal impact of the Project amendments
construction impacts of the project
impacts related to Development Phasing
impacts associated with proposed R-1 zoning changes

Mary Graetzer of Tuxedo Park questioned the vagueness of the directive being given to the applicant. She inquired as to how the public will be able to read the resulting SEIS and decide intelligently if the applicant has actually provided complete information if they are not privy to what is being asked. Town Attorney Larry Wolinksy replied that “the Town relies on it’s consulting team to communicate to the applicant what is required.”
The motion was seconded by Councilwoman Spivak and passed unanimously.

Resolution Authorizing Bid for Sewer Jet:
A resolution authorizing bid for a sewer jet cleaner, which will be used to clean sewer lines and drainage pipes was passed unanimously

Resolution Approving Settlement of Tuxedo Square Tax Certiorari:
The Tuxedo Square Building has sued the Town regarding it’s assessment for the 2003-04, 2004-05, 2005-06, 2006-07, 2007-08 and 2008-09 tax assessment years. The Board agreed to a settlement in which the assessment for the 2008-09 tax year will be lowered from $330,225 to $210,000 and the suits for all the other tax years will be dismissed.

Discussion of Establishment of Guidelines for Mulch Collection at Recycling Facility:
This item concerns the distribution of free mulch to Town residents. Since the Councilman Darling has been developing the guidlelines a and he was not present, the discussion was tabled until the next meeting.

Resolution Granting Special Sign Permit for Eagle Valley Fire Company Barbeque:
The Ladies Auxiliary was given permission to place a maximum of 20 signs at various locations throughout the town publicizing a Barbeque Fundraiser to be held on Saturday, July 25, 2009. All signs must be removed by July 31, 2009.

Agenda for Town Board Meeting June 22, 2009

Call to Order
Pledge of Allegiance

Minutes
Monthly Reports
Public Comments on Agenda Items

1. Town Supervisor/Town Board Update

2. Resolution to Require Preparation of Supplemental Environmental Impact Statement for Tuxedo Reserve 3rd Application for Amendment to Special Permit

3. Resolution to Authorize Bid for Sewer Truck

4. Resolution to Approve Settlement of Tuxedo Square Building Tax Certiorari Proceeding

5. Discussion of Establishment of Guidelines for Mulch Collection at Recycling Facility

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

Public Comments
Budget Transfers
Vouchers
Adjournment

Town Board Special Workshop on Tuxedo Reserve/Regular Bi-Monthly Meeting June 8, 2009

The Town Board met on Monday, June 8, 2009 at 6 pm in a Workshop session with their consultants for Tuxedo Reserve. Councilmen Darling and Phelps arrived late and Councilman Castricone had to leave about halfway through the session.

Town Consultants Bonnie Franson, Larry Wolinsky and Jeff Marsden met earlier in the day in order to go over SEIS issues. They then invited Andrew Dance of Related, attorney David Paget and planner Nanette Bourne to participate in the meeting at which point the Town’s consultants advised the applicant’s consultants of their expectations for the SEIS This was followed by some “give and take” between the two groups. Mr. Wolinsky feels the Town Board should be ready to move ahead formally at the next Town Board meeting which will be held on Monday, June 22.

Mr. Wolinsky reported that there are a limited number of issues for the SEIS as the study can only focus on those issues that are a result of project changes. He specifically mentioned the following:

The entire Mountain Lake area including “everything from the Ridge down.”
1. The potential storm water impact
2. The ecological impact including impact to wildlife.
The PIPC land swap issue. Mr. Wolinsky feels this should be structured as a “design alternative” in the SEIS because no one knows if the swap will actually happen or not.
1. Any potential fiscal impacts to the loss of LIO land.
2. All physical site disturbances including a cut and fill analysis.
3. Potential impacts to Tuxedo Lake due to storm water runoff.
Fiscal Impacts – Mr. Wolinsky feels a comprehensive update of the original fiscal impact which was done as part of the EIS is needed. The analysis should address not only the school district but impacts to the Town holistically.
Cut and Fill Analysis – This should include the level of disturbance and how it will be managed.
Impacts from Contruction and Phasing. Should only one part of the project be built, it must be sustainable by itself.
The “Project Description” portion of the SEIS should detail project changes and state how development will be programmed as well as how the changes support the continuity of community character.

Mr. Wolinsky then outlined the next steps in the process as follows:

The SEQR process
Passing an amendment to the Special Permit
Rezoning some R1 lands
“Tweeking” of grandfathering – the minimum number of single family residences will need to be “tweeked.”

Mr Wolinsky envisions one public hearing, which will cover both the SEIS and the amendment.

Next, the Town Board members were invited to ask questions of the consultants. Councilman Castricone expressed concern with the scoping process for the SEIS. He believes there should be a public scoping session and commented that it’shelpful to have “another set of eyes” making sure all issues are covered and that nothing is missed. Supervisor Dolan commented that in his view, this is just another unnecessary step. Mr. Wolinsky stated that since the SEIS is more limited than an EIS, in his opinion public scoping is not so useful. He suggested that the Board could ask for written comments and suggestions in order to obtain public input.

The public was then invited to share their opinions or ask questions of the consultants. Deputy Mayor Jim Hays of Tuxedo Park stated that he thinks the entire Smart Code will have an impact on the Town and thus should be made a part of the SEIS. JoAnn Hanson, Chair of the Tuxedo Park Planning Board, expressed her concern about the transferring of density allowed under the Smart Code. Andrew Dance responded that the Smart Code provides rules for all the different kinds of density, which will appear throughout the project. Mr. Dance feels that the Town Code is too rigid. Patsy Wooters, President of Torne Valley Preservation Association, stated that she feels a fiscal analysis of the Smart Code reflecting the changing market condiditions should be conducted. Supervisor Dolan responded that the Smart Code is not a burden on the Town, but rather a burden to the developer. Robert Drennen of Suffern spoke about the sewage from the project and expressed his opposition, as well as that of many of his Rockland County neighbors to tying into the new Western Ramapo Sewage plant. He was told that the possibility of doing that, as well as the alternative of building a new sewage plant in Tuxedo had been addressed in the original Special Permit and thus would not be revisited at that time.

The regular bi-monthly Board meeting convened at 7:30 pm.
There was no Supervisor/Town Board Update.

A Resolution to introduce a Local Law entitled, “Signs” was tabled until the next Town Board meeting on June 22.

A new Part-Time Police Dispatcher, Theresa Miller, was appointed.

Summer Highway worker Christopher McGrady was given a raise of 50 cents an hour.

The Board set the following dates for meetings during the summer months: July 27 and August 24. In both months a short voucher meeting will be held in the morning toward the beginning of the month.

Agenda for Town Board Meeting June 8, 2009

Call to Order
Pledge of Allegiance

Workshop Session Regarding Tuxedo Reserve Application for 3rd Amendment to Special Permit
Regular Meeting

Minutes
Monthly Reports
Public Comments on Agenda Items

1. Town Supervisor/Town Board Update

2. Resolution to Introduce Local Law Entitled, “Signs”

3. Resolution to Appoint Theresa Miller as Part-Time Police Dispatcher

4. Resolution Reschedule Town Board Meetings for July and August, 2009

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

Public Comments
Budget Transfers
Vouchers
Adjournment

Town Board to Hold Special Workshop Regarding Tuxedo Reserve June 8, 2009

NOTICE IS HEREBY GIVEN that the Tuxedo Town Board will hold the following meetings on Monday, June 8, 2009:

6:00 p.m. - Special Workshop Session Regarding Tuxedo Reserve Application for 3rd Amendment to Special Permit
7:30 p.m. - Regular Bi-Monthly Meeting

These meetings will commence at the times indicated above and will be held at the Tuxedo Town Hall, One Temple Drive, Tuxedo, New York.

By Order of the Tuxedo Town Board
Elaine M. Laurent, Town Clerk

Town Board Special Workshop on Tuxedo Reserve/Regular Bi-Monthly Meeting May 26, 2009

The Town Board met on Tuesday, May 26, 2009 at 6:00 pm for the purpose of conducting a special workshop on Tuxedo Reserve with their consultants. Town Planner Bonnie Franson, Town Attorney for Tuxedo Reserve Larry Wolinsky, and Town Engineer Jeff Marsden of H2M, were present. Councilmen Darling and Phelps were absent.

The consultants reported having met for the purpose of assessing the issues raised by the Planning Board in their recent memo to the Town Board. Ms. Franson cautioned the Town Board that when reviewing the Technical Memo attached to the Special Permit they should keep in mind that this document is the applicant’s document and as such represents their point of view. The consultants feel that the following topics need to be covered in a Supplemental Environmental Impact Statement (SEIS):

The area covered in the proposed land swap with PIPC––there is a loss of LIO (Light Industry/Office) zoning and thus a potential fiscal impact.
The Mountain Lake area –– deemed “undevelopable” in the previous Special Permit and thus not studied for environmental impacts
The intensification of the Commons Area with its increase of commercial square footage. Ms Franson feels additional information is needed on water quality and the adequacy of proposed parking. Mr. Wolinsky agreed and added that this would add additional impervious surfacing to the project (There are now 50 additional acres of impervious surfacing!) although the additional commercial space will help fiscally. He also stressed, however, that the fiscal impact of the project needs to be looked at, particularly with respect to its impact on the School District. The fiscal impact of the project should be viewed holistically because the mix of housing types has been switched around to a great extent.
Mr. Marsden feels the Town needs much more information on the land disturbance of the project. This would include cut and fill analyses as well as proposed rock crushing and construction phasing. He wonders if an 11-year development program continues to be realistic.
The project needs an alternative storm water plan. Presently, they plan a retention basin in Sloatsburg. There appears to be no alternative plan in case Sloatsburg says no.
Tuxedo Reserve will need a zoning petition for the Mountain Lake area as it is located in a R1 district which means it’s supposed to remain open space. Mr. Wolinsky proposes simultaneous public hearings on the amendment, the SEIS and the zoning change.

Town Board members were invited to ask questions of the consultants. Councilman Castricone asked if there would be any change in the run off to Tuxedo Lake. The answer is yes. Councilperson Spivak stated that she is concerned about the parking in the Commons area and wonders if it is adequate. Supervisor Dolan expressed concern about the water and sewer in the Commons area. Mr. Wolinsky stated that all the conditions attached to the original Special Permit will be revisited during the present review.

The Supervisor related a disturbing story, which he said Andrew Dance of Related had told him in a telephone call just that afternoon. Mr. Dance said he had discovered that Steve Gross, an environmental consultant for TARGET Tuxedo, had uncovered a story about a worker on the Tuxedo Reserve site encountering a timber rattlesnake on the property and subsequently catching, killing and eating the snake. Mr. Dance admitted that the incident had taken place. Mr. Gross, who was present, confirmed the story adding that he had also heard the worker kept the rattle from the snake as a souvenir. Councilman Castricone expressed anger that he was only hearing this story for the first time and that it had only been relayed to the Board because someone else had uncovered the incident. There was some discussion about the possible presence of timber rattlesnakes on the property with the applicant denying that they were there for anything but foraging and Mr. Gross arguing that the subject should be revisited.

The Board then invited comments and questions from the public. JoAnn Hanson of the Village Planning Board spoke about the fiscal impact of the project. She submitted a written statement to the Board. Patsy Wooters, President of Torne Valley Preservation Association, inquired about bedrock fissures. The consultants told her that they were also concerned about these, but that the topic was too big for this particular workshop. It will be addressed in one of the next workshops.

The regular bi-monthly Town Board meeting convened at 7:30pm.
A Public Hearing on the Local Law entitled “Flood Damage Prevention.” Was opened. There were written comments submitted by Evelyn David, and residents John Petrillo and Bob Landry appeared to express some concerns after which the public hearing was closed.

In his Supervisor’s Update, Peter Dolan reported a successful train station opening on Memorial Day.

The following resolutions were passed:

A resolution to adopt the Local Law Entitled “Flood Damage Prevention.”
A Resolution to approve a Towing License Application for RP Towing & Recovery of Southfields.
A notification that a full-volume test of the Indian Point Siren System will be conducted on Wednesday, June 3, 2009 at approximately 10:30 am.
A resolution appointing Jessica Georgio as a Part-Time Police Dispatcher. Police Chief Carlin reported a large increase in applicants since he had listed the job opening on Craig’s List.

Agenda for Town Board/Tuxedo Reserve Workshop Meeting and
Regular Bi-Monthly Meeting May 26, 2009

Call to Order
Pledge of Allegiance

Workshop Session Regarding Tuxedo Reserve Application for 3rd Amendment to Special Permit
Public Hearing - Local Law Entitled, “Flood Damage Prevention”
Regular Meeting

Minutes
Monthly Reports
Public Comments on Agenda Items

1. Town Supervisor/Town Board Update

2. Resolution to Adopt Local Law Entitled “Flood Damage Prevention”

3. Resolution to Approve Towing License Application

4. Notification of Indian Point Siren System Test on June 3, 2009

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

Public Comments
Budget Transfers
Vouchers
Adjournment

Agenda for Special Town Board Workshop Regarding Tuxedo Reserve
May 18, 2009

Call to Order
Pledge of Allegiance

1. Special meeting for the purpose of conducting a workshop session to consider Tuxedo Reserve Application for 3rd Amendment to Special Permit

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

Adjournment

Town Board Meeting May 11, 2009

The Town Board met on Monday, May 11, 2009 at 7:30 pm. All members were present.

Supervisor/Town Board Update:
Supervisor Dolan reported that the Opening Day of Little League was a great success. He also advised that the Train Station project is almost finished and should be ready for it’s Memorial Day Opening. Councilman Phelps has been overseeing the final stages of the project.

Advice from Town Counsel on Procedures Subsequent to Town Board Receipt of Planning Board Report on Tuxedo Reserve 3rd Amendment to Special Permit:
Attorney Larry Wolinsky was present to advise the Board about the next steps in the process of the Tuxedo Reserve Special Permit. Since no one currently sitting on the Town Board was in office in 2004 when the original Special Permit was signed, he began with a brief history of the project, following which he stated that the ongoing process will require two steps. The first of these is to decide if further environmental study of the project under SEQRA is necessary and next will be consideration of the actual proposed changes.

Since there was a full Environmental Impact Statement (EIS) done on the project at the time that the Special Permit was issued, any new study must deal only with the environmental impact of the proposed changes to the project. Will there be any new impacts or are there impacts that were inadequately addressed the first time around? Any Supplemental Environmental Impact Statement (SEIS) requested by the Town Board would be limited in scope to these issues as they are identified by the Board. Therefore, the Town Board will need to conduct their own review and make a determination.

Next, the Board will need to evaluate the proposed changes to the preliminary plan. Many of the proposed modifications to the plan relate to the scheduling and phasing of the project as well as its infrastructure. Accordingly, the original determinations set forth in the Special Permit may shift. In particular, the area of economics and the whole financial impact may have shifted. After the Town Board has made their determinations, they will need to apply the criteria set forth in law. If the application meets the criteria, they should vote to pass the amendment. If not, they may either deny the application or propose reasonable conditions.

Mr. Wolinsky counseled that because the current Town Board members may not be up to speed on the application, they should take a period of time to educate themselves. They should review the original SEQRA Findings Statement as well as the original Special Permit. Then, they should review the current application as well as the technical memos and supporting documents. After doing this, they should focus on the Planning Board Report. Only after doing all of these things should they focus on the environmental determination. At that point, depending on their conclusion, Mr. Wolinsky will advise them as to their next steps.

In order to comply with Mr. Wolinsky’s charge that the Board educate themselves on the project, the Town Board will hold weekly workshops with their consultants (Bonnie Franson, Town Planner and Jeff Marsden, Engineer from H2M) starting next week.

Supervisor Dolan asked Mr. Wolinsky what would happen in the event that Related sells or “flips” the property and was told that the approvals run with the land, not the developer so they will still be binding. He recommends that they record the approvals so that any builder coming to the project will know up front what is and what is not allowed. He also pointed out that there is no “sunset provision” to the Special Permit meaning that the approvals don’t expire.

John Kwasknicki of Sloatsburg inquired about the minutes from the Workshop sessions held in 2004 by the Town Board. Town Clerk Laurent answered that she would look for them.

Steve Gross of Hudson Valley Environmental Consulting, representing TARGET Tuxedo, pointed out that if the applicant is proposing changes to the project as a result of what they found when taking a “hard look” at the property, this probably means that there are issues that weren’t adequately addressed in the original permit. He went on to call for two separate cut and fill analysis studies…one for the original project and one for the new proposal.

Eric Nimke, former Planning Board and Town Board member, stated that the changes to the project are such that the Board needs to step back and look at all the environmental impacts to the project and clearly assess what the interactions between the new proposal and the original proposal are.

Bonnie Franson commended the Planning Board for their hard work and thoroughness. She confirmed that the first workshop with the Town Board will be held next week and suggested that the Board report to the public at the next Town Board meeting on the direction they’re taking.

The following resolutions were passed:

A resolution to authorize a Request for Proposals (RFP) for a Vendor at the newly renovated Train Station. Originally, this was restricted to some kind of food/beverage service, but after some discussion it was decided to make the request more general and see what kind of ideas people might come up with.
A resolution to approval a special permit for a Maplebrook Block party to take place on Ash Court on May 30, 2009.
A resolution to introduce a Local Law entitled “Flood Damage Prevention.” This is mandated by the Federal government and is necessary in order for anyone to get FEMA insurance. There will be a public hearing on this law at the next Town Board meeting on Tuesday, May 26.
Acknowledgment of receipt of Liquor License Renewals for the Orange Top as well as various vendor Taverns at the Renaissance Faire.
A notification of the proposed rate increase for Natural Gas Delivery service by Orange and Rockland Utilities. O&R has applied to the Public Service Commission (PSC) for this rate increase. See additional sheet for information and instructions on how to submit comments.
A resolution to hire Town residents Chris McGrady, Matthew Goodfellow and Peter Barba as summer workers in the Highway Department. All three held the same positions last summer.

Supervisor Dolan reminded everyone of the formal ribbon cutting for the Train Station, which will take place after the Memorial Day Parade. State Senator Morahan will be present to cut the ribbon.

Police Chief Carlin mentioned a recent commendation for Officer Shiloh who performed a rescue for a resident of TheWoodlands as well as off duty officers Decker and Sutherland who had a drug arrest last week.

Agenda for Town Board Meeting May 11, 2009

Call to Order
Pledge of Allegiance

Minutes
Monthly Reports
Public Comments on Agenda Items

1. Town Supervisor/Town Board Update

2. Advice from Town Counsel on Procedures Subsequent to Town Board Receipt of Planning Board Report on Tuxedo Reserve 3rd Amendment to Special Permit

3. Resolution to Authorize Request for Proposals for Vendor at Train Station

4. Resolution to Approve Special Permit for Maplebrook Block Party - Ash Court - May 30, 2009

5. Resolution to Introduce Local Law Entitled “Flood Damage Prevention”

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

7. Notification of Proposed Rate Increase for Natural Gas Delivery Service by Orange & Rockland Utilities

8. Reminder of Memorial Day Parade/Library Picnic and Train Station Dedication - May 25, 2009

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

Public Comments
Budget Transfers
Vouchers
Adjournment

Town Board Meeting April 27, 2009

The Town Board met on Monday, April 27, 2009 at 7:30 pm. All members were present.

Public Comments on Agenda Items:

The great majority of comments concerned the Planning Boards’ Report on Tuxedo Reserves’ 3rd Amendment to their Special Permit. Mary Graetzer inquired as to what the Town Board’s plans were in order to bring themselves up to date on the application. She pointed out that the Tuxedo Reserve permitting process has been ongoing for a long time and that the members of the current Town Board are relatively new to the application. Supervisor Dolan responded that Attorney Larry Wolinksky will be present at the next Town Board meeting to advise the Board about the process. Councilman Castricone pledged not to vote on the project until he thoroughly understands it.
Eric Nimke, a former Town Board as well as former Planning Board member, spoke on the subject of the sewer system. He quoted from the Times Herald Record’s recent report that both Tuxedo Reserve and theTown of Tuxedo might hook up to the new Ramapo Sewer Plant in Hillburn and expressed his opinion that this would be disastrous for Tuxedo. “If you buy into the plant, we’re buying another Harriman,” said Mr. Nimke. He strongly believes that every major development should build it’s own sewage treatment plant within the footprint of the development. He promised to put his comments in writing for the Board.
Sue Scher expressed her support for a Supplemental Environmental Impact Statement as proposed by the Planning Board in its report. She feels there have been too many changes to the plan not to require a new Environmental study. She reminded the members of the Board that when running for office they each promised to “dot every t and cross every I” when it came to the Tuxedo Reserve proposal. Supervisor Dolan responded that a Supplemental Environmental Impact Statement will be required.
Steve Gross, a professional planning consultant representing TARGET Tuxedo, also expressed his support for a new EIS. In his opinion the major thing lacking in the process so far is the lack of SEQR involvement. He feels that the Planning Board has done a great job with the information they’ve been given, but the applicant hasn’t submitted enough information. While the number of units proposed for the project remains the same, the footprint has greatly expanded and this is the third amendment to the proposal. Mr. Gross also urged the Board to require a cut and fill analysis of the project. The Planning Board requested this analysis, but the applicant has stated that they don’t need to provide it.
Nils Gerling, Planning Board Chairman, thanked the members of the Planning Board for their hard work on the Amendment. He reported that at their last meeting both Andrew Dance, project manager and his attorney commented that none of the Town’s consultants had recommended a Supplemental EIS (SEIS). In order to correct the record, Mr. Gerling read from a memo written by Town Planner Bonnie Franson dated October 22, 2008 in which she did recommend a SEIS
John Kwasnicki expressed some concern about the FOIL process. He is looking for minutes from the Planning Board’s Workshop sessions. He is concerned that officials in the Village of Sloatsburg, as well as Ramapo Supervisor St. Lawrence have not been kept up to date on the application, particularly the Smart Code.
Supervisor Dolan thanked all for their comments and announced that the process will be set during the next meeting when Attorney Wolinsky can be present. He envisions more than one public hearing as we’ll as much deliberation and discussion on the part of the Board all of which will be done in public.

Supervisor/Town Board Update:

The Train Station restoration project is almost done and should be up and running by Memorial Day.
There will be a Grand Opening of the Little League Season next Saturday, May 2. The ceremony will take place at Tichy Field and will feature the new dugouts.
Town Planner Bonny Franson has written the first draft of the new sign law. Councilman Phelps is in receipt of it and will review and add his comments before sending it back to Ms. Franson as well as to the rest of the Board.
The Supervisor thanked the Chamber of Commerce for all their hard work on the Clean Sweep held on April 25.

Resolutions:

The Board formally acknowledged receipt of the Planning Boards’ Report on Tuxedo Reserves’ 3rd Amendment to the Special Permit. Copies of the report, as well as the report from the Town’s Engineers, will be available at the Town Hall, in the Library and on the Town Website.
The Board approved the form of the Petition of Proposition to Raise Library Taxes.
Regina Maloney was reappointed Recreation Summer Camp Director.
The Board formally acknowledged receipt of Liquor License Renewals for the Orange Top and Renaissance Faire. Now the licenses go to the State for approval.

Other Business:

The Town has received an application from Craig Pippi, new operator of AA Auto Body in Southfields, for a towing license.

Town Board Meeting April 13, 2009

The Town Board met on Monday, April 14, 2009 at 7:30 pm. Councilpersons Castricone and Spivak were absent.

The meeting began with a moment of silence to honor the memory of life-long Tuxedo resident Maryann Jones who died on April 9, 2009.

During the public comments on agenda items, Don Blum, President of the Northern Tuxedo Residents Association, spoke of his concerns regarding the upcoming sewer rate increase for customers of the United Water South County Sewer District. He stated that United Water claims not to have had a rate increase in 20 years, however during that time they have shown a substantial profit. He feels that the Town Board should hire an accounting firm to do a forensic accounting of the company, as well as an engineering firm to see which improvements are really necessary. He questioned some of the improvements being made such as the installation of a diesel generator when perhaps a less expensive natural gas one would suffice. Mr. Blum also expressed concern about the company’s level of customer service. He pointed out that United Water had recently failed water standards showing excess turbidity, which is potentially dangerous to its customers especially elderly ones, yet they didn’t inform people of this until several months after the fact. The Board members responded to Mr. Blum stating that the water and sewer portions of United Water are separate. The Public Service Commission regulates the water portion while the sewer portion is not regulated. Supervisor Dolan reported that the Board has been advised by its counsel that if the Town were to fight this increase, the legal fees would be very high and the Town would almost certainly not win. Therefore, the Board decided to negotiate with United Water instead, the result of which is that the increase will be spread over two years instead of all at once. Instead of the 71.8% increase that United Water had requested, there will now be a 45% increase the first year and a 19% further increase the second year. In addition, United Water must make an annual filing with the Board of their profits and losses and must come before the Board to request any increase in rates as well as to report capital expenditures.

During his Supervisor’s Update, Peter Dolan reported having had further discussions with Ramapo Supervisor Christopher St. Lawrence about the possibility of Tuxedo’s hooking up to the new Ramapo Sewer Plant. According to Supervisor Dolan, the issue is not dead and Ramapo is still considering it. They are waiting Tuxedo Reserve’s Special Permit to be enacted before they begin formal deliberations. In addition, Tuxedo is trying to work out an agreement that would allow Tuxedo residents to use the Joseph T. St. Lawrence Sports Center in Hillburn.

The following resolutions were passed during the meeting:

A resolution granting a special permit to the Westwood Velo Cycling Club of Montclair, NJ for use of Long Meadow Rd. to hold a bicycle time trial event on Saturday, August 1, 2009. All activity must cease by 12 noon so as to not conflict with the Renaissance Faire.
A resolution making minor changes to the language in the United Water Sewer rate petition.
An acknowledgement of the Appointment of Michael Marusich as Highway Department Working Leader.
A reminder of the Chamber of Commerce’s Clean Sweep to be held on April 25th with registration at the Town Hall between 7:30 – 9:00 am.
A reminder of the Train Station Grand Opening/Memorial Day Parade/Library Picnic on May 25th. The parade will step off from Tuxedo High School at 11:30 am, followed by closing ceremonies at St. Mary’s in Tuxedo. The grand opening, which will coincide with the Library annual picnic, will take place at the train station beginning at 1:00 p.m.
A resolution authorizing retaining Richard A. Glickel as Special Counsel in two Police arbitration cases brought by former officers John Tamburello and Brendan King.
A resolution authorizing the promotion of Court Clerks Elizabeth Smith, Claire Squillini and Mary Stalnaker due to the retirement of Sandy Boss.