TOWN OF TUXEDO
Recent Town News
Town Council (Town Board)
Tuxedo Union Free School District
Town Planning Board
Town Zoning Board of Appeals
Subdivisions and Development
Town Board Meeting December 28, 2012
The Town Board met on Friday, December 28, 2012 at 9:30 am. Council persons Matthews and Spivak were absent.
Public Hearing regarding Amendment to Garbage District Assessment Schedule:
Historically, garbage district charges have been based on a property’s assessed value. The Town Board realized that this might not be the fairest method, so they have proposed charging each residential dwelling one unit or $177.78 annually. Non-residential properties and vacant land will be charged $1.1443 per thousand of assessed value for leaf and brush removal annually.
There was no one present to comment on the proposed change.
Resolutions:
The following resolutions were passed:
- a Resolution to adopt amendment to Garbage District Assessment Schedule
- a Resolution to schedule the Reorganization Meeting for January 28, 2013 at 7:30 pm
Public Comments:
There were no public comments so vouchers were signed and the meeting adjourned.
back to top
Agenda for Town Board Meeting December 28 2012
Call to Order
Pledge of Allegiance
PUBLIC HEARING Regarding Amendment to Garbage District Assessment Schedule
NOTE: Public Hearing on Cable Franchise Renewal has been Rescheduled to a Date to be Announced
Public Comments on Agenda Items
1. Resolution to Adopt Amendment to Garbage District Assessment Schedule
2. Resolution to Schedule Reorganization Meeting for January 21, 2013
3. Any other business as may come before the Board after this Agenda is posted
Public Comments
Budget Transfers
Vouchers
Adjournment
back to top
Town Board Meeting December 10, 2012
The Town Board met on Monday, December 10, 2012 at 7:30 pm. All members were present.
The meeting began with a moment of silence for long time Tuxedo residents George Boynton and Lucille Lodico both of whom passed away recently.
Supervisor Dolan introduced George F. Baker Senior, Kendal Griffler who gave a report on recent student activities at the school.
Supervisor Dolan reported having had a meeting with Orange County in regard to the East Village bridge. The plan is for the bridge to be moved to the left of where it is presently located. Construction will not start until 2014. In order for the project to move forward, the Town will first need to grant a variance. Also, the new bridge will be very high and there are Orange and Rockland electrical wires which will need to be moved up to accommodate it.
The Supervisor will soon be setting up appointments to interview potential members of the Planning Board and Architectural Review Board.
Construction on the new bus shelter is moving at a good pace. The shelter will be heated by infrared lighting and stucco benches will be
Installed.
After consulting with the DEC last week, the Town Board has decided to suspend all mulching operation at the Highway Dept. site. As of Friday, December 14no one (not even the Town) will be allowed to bring ANY material into the site. The DEC conducted an inspection of the site on Tuesday, Dec. 4 and following this, the Board had a general meeting with them on Thursday December 6.
Resolutions:
The following resolutions were passed:
- A Resolution scheduling a Public Hearing regarding Amendment to 2013 Budget to revise method of calculating garbage charges. The Board has realized that the method used to calculate individual garbage charges, currently based on assessed value of property, is not fair. In order to change the method, they need to amend the budget which requires a public hearing. This public hearing will be held at the next Town Board meeting at 9:30 am on December 28th.
A Resolution to schedule a Public Hearing regarding the Cablevision franchise renewal. The Supervisor has been negotiating with Cablevision for 2 months. The Public Hearing will be held on January 28th at 7:30 pm.
Public Comments:
Andy Rogers suggested that the Town consider installing a dry hydrant near the new East Village bridge when construction begins. The Board agreed to consider it.
Mary Yrizarry remarked that she knew there had been a request to put the mulch pile on the agenda and she wondered what the reason was for not doing so.
Supervisor Dolan responded that it was his intention to keep the public informed on the status of the mulching facility during his Supervisor Update. Since there would be no discussion nor vote on the subject, he felt it didn’t warrant being added as an agenda item. Mrs. Yrizarry then stated that according to the DEC consent order, there were supposed to be barriers erected between the site and the adjacent wetland by December 10 . She inquired as to whether or not that had been done.
The Supervisor replied that it was being worked on “as we speak.” When the Board met with the DEC, they discovered that there were some issues with this request.
Town Attorney Don Nichol added that the barriers had been put in the wrong place and that the DEC and the Town were both aware of this and were working on a solution. The wetlands have been “moving back and forth” by 50 feet. Together, the Town and the DEC have determined where the barriers must go and this is being worked on.
Supervisor Dolan then reported that he had spoken with Perfect Cut on Friday, December 7 and had informed Mr. Guggino at that time that all operation would have to cease.
Mrs. Yrizarry asked if the cease in operations would apply to everything that had been going on at the site i.e. the mulch, the wood chipping, the dirt piles and the logs. The Supervisor replied that it applied to all material except “saw logs,” which are logs brought in only to be used for lumber.
Bob Randhare asked for a clarification of the term material.
Supervisor Dolan repeated that the term referred to mulch, wood chips and dirt.
Mark Coviello inquired if the Board was brainstorming any solutions for downstream of the new East Village bridge (for example where the new Thruway bridge is going in) to be implemented during the construction process.
The Supervisor replied that the reason for the reconstruction of the bridge was that it had consistently flooded out on an annual basis. He is hopeful that cleaning out the culverts will be helpful. The Town is applying for another grant to finance cleaning these culverts again.
Mike Squillini expressed concern about the dirt berms which have been newly constructed by SOS. The Building Inspector and Town Engineer have said that these berms were always there, but Mr. Squillini attended a Zoning Board meeting a couple of weeks ago where SOS admitted they had just installed berms.
Mr Coviello wondered whether excavating at the Lucky site might be something that could be funded by the State.
Supervisor Dolan replied that the chances of this were slim. He added that the bridge reconstruction is being federally funded
Jim Hays observed that the DEC consent order called for a site plan to be drawn up for the mulching facility with engineered drawings to assure that no leachate leaves the site. He wondered whether the Town Engineers had started working on that.
The Supervisor replied that yes, they had started working on it a month ago. He also stated that he had been in touch with a water engineer, recommended by the DEC, in order to work out a water inspection protocol which is also required under the consent order.
Mary Jo Guinchard commented that she had received an email which said that the fish kill had happened “because of the mulch pile.” She asked if this was true.
In response, Supervisor Dolan read from the Land Use Ecological Services (LUES) report which stated that the mulch operation caused the oxygen depleted condition which in turn was a major cause of the fish kill.
Jake Matthews stated that several Board meetings ago, he had asked if Mr. Bowman could appear at a meeting to summarize his report in layman’s terms so that there would be no conjecture and the public would not have to ask Supervisor Dolan for his interpretation of the report. He recalled that the Board had been agreeable to this suggestion and he wondered if it would happen.
The Supervisor responded that in his view the report was already in layman’s terms and was very decisive. The Board had decided not to spend any more money since they don’t deem it necessary.
The Supervisor replied that according to the DEC, the Town is allowed to mulch but they have decided to stop mulching at least until all the material has been moved out. Once this has occured, the Board will decide what to do next. The DEC has asked for benchmarks on bringing down the operation and those will become part of the planning operation.
Mr. Matthews wanted to know who the Board would be appointing to monitor operations in order to ensure that no more material was brought into the facility.
The Supervisor replied that the Town Police Department and Highway Superintendent Ed Pfizenmaier would be keeping an eye on operations.. The DEC will remain on site to monitor as well.
Mr. Matthews remarked that when multiple people are in charge of oversight, there is ample opportunity for finger pointing and passing of responsibility.
He concluded by commending the Board for making the decision to have the material go out, but not let any new material come in.
Russ Shaver asked how much money the Town would be losing as a result of their decision to close the facility.
Supervisor Dolan replied that he wasn’t sure. He stated it was his intention to write a Town newsletter by the end of December/beginning of January in which he plans to spell out the different options and ask, via a questionnaire, what the residents want to do. Decisions will need to be made about whether or not the Town will continue to pick up debris and leaves.
Jim Hays commented that when the agreement with Perfect Cut started, the rent was $2500 a month and, he as he understood it, it was still $2500 a month.
The Supervisor confirmed that this was so.
Mr. Hays then stated that since then the amount of space that Perfect Cut was using on the site had grown a great deal so he wondered whether the Town had considered raising the rent.
Supervisor Dolan responded that a decision like this was too far in the future to speculate on at the present time. There are many possible scenarios which could play out. One of them would be for Perfect Cut to collect saw logs only on the site and to process only the Town’s material. In that case, there would be a fee for processing. These decisions will be made in the future after all the material has been moved out. The Town will also be discussing all of this with the DEC as well.
Mary Yrizarry inquired as to whether the DEC had talked to the Town about possible mitigation along the river for the fish kill?
The Supervisor replied that yes there had been some discussion of this and so far the only thing they may do in the future is put a “bubbler” along Caretaker’s Marsh.
Bob Randhare asked where the saw logs were coming from.
The Supervisor replied they were coming from Orange, Rockland and Bergin Counties. Mr. Randhare then wanted to know about The Emerald Ash Borer and the quarantine on ash trees.
Supervisor Dolan stated there is no quarantine in Rockland County and thus ash logs from there can legally be brought in..
Ash trees are quarantined in Orange County and cannot leave from here. Mr. Randhare stated that he thought that the ash logs at the site had come from Westchester County, where there is a. Councilwoman Spivak agreed this was so but said it was not happening any more.
Jake Matthews asked if, should the Town decide to continue with anything in the future, whether it would be processing the Town’s brush and leaves or more and whether they would issue a RFP and put the work out for bid.
The Supervisor responded this was possible but that this decision was months away. He has spoken with several other operators and so far no one has been able to offer a better deal than the one with Perfect Cut.
Mary Jo Guinchard wondered how the collection of Town material was funded.
She was assured that money for these services came out of the fund for Town residents only although the profits have been distributed to both the Town as well as the Village.
Mike Squillini asked who was monitoring sweeping of the roads during the Thruway Bridge construction. He stated that there was a terrible mud problem stemming from this construction which had spread all through the East Village Roads.
Councilman Phelps agreed it was a problem. Both Councilman Phelps and Highway Superintendent Pfizenmaier said they would speak to their contact at the Thruway.
back to top
Agenda for Town Board Meeting December 10, 2012
Call to Order
Pledge of Allegiance
Minutes
Monthly Reports
Public Comments on Agenda Items
1. Town Supervisor/Town Board Update
2. Resolution to Schedule Public Hearing Regarding Amendment to 2013 Budget to Revise Method of Calculating Garbage Charges
3. Resolution to Schedule Public Hearing Regarding Cablevision Franchise Renewal
4. Any other business as may come before the Board after this Agenda is posted
Public Comments
Budget Transfers
Vouchers
Adjournment
back to top
Town Board Meeting November 26, 2012
The Town Board met on Monday, November 26, 2012 at 7:30 pm. All members were present
Public Comments on Agenda Items:
George Mollo asked if the Town Auditor was in attendance as the agenda stated that the Town would be accepting his report.
The answer was no.
Alan Heywood stated that over the last few months, he had asked several times for an auditor’s certified report detailing the income and expenses of the mulching operation. In response to his requests, the Supervisor has stated repeatedly that the Town doesn’t have auditors, however tonight the Board has indicated that they would be accepting an auditor’s report. Mr. Heywood expressec confusion and asked for clarification.
Supervisor Dolan replied that the report they would be accepting that evening was an annual audit of the Town Clerk and the Town Court.
Mr. Heywood responded that an audit statement should cover the financial affairs of the Town.
The Supervisor repeated that these statements only covered the Town Clerk and the Court. When asked directly if it covered the financial affairs of the Town, he replied “no, it does not.”
Town Supervisor/Town Board Update:
Supervisor Dolan announced that the bus station had been demolished on Saturday, Nov. 24 and construction on the new sructure had started on Monday, Nov. 26. If all goes well, he hopes to have a fully operational bus station on or around February 15. Until then, he has asked the owners of Tuxedo Square if they would open their doors for people to stay warm while waiting for the bus. He hasn’t had an answer as yet, but when he gets one, he will post it on the Town website.
Resolutions, Notifcations and Reminders:
The following resolutions were passed:
A Resolution to acknowledge the Auditor’s Report of Examination of Records of the Town for 2011.
A Resolution to Ratify the Police Collective Bargaining Agreement – 01/01/2011-12/31/2015
A Resolution to Appoint Edward J. Brennan as Member of the Board of Fire Commissioners
A Resolution to Grant Special Permit for Our Lady of Guadalupe Torch Relay Run – 12/8/12 at 12 noon. This is an annual event.
The following acknowledgment, reminders and notification were announced:
Acknowledgment of Receipt of Water Testing Report from Land Use Ecological Services Inc – discusstion to follow in Public Comment period
Reminder of Christmas Tree and Menorah Lighting Ceremony at Train Station on 12/9 starting at 4 pm
Notification of Holiday Toy Drive through 12/21 – drop off sites are Town Hall, Library and Police Station
Reminder of Holiday Fair Trade Sale – 12/1 – 12/9 10-4 daiily at the Tuxedo Historical Society
Public Comments:
Acknowledging that most of the audience was probably there to hear about the mulch pile, Supervisor Dolan opened the discussion by announcing that after reading the LUES report, the Board had decided that the Highway Garage property is “not the appropriate place” for the mulching operation. He further stated that they had entered into a consent order with the DEC which was executed on Nov. 26. Some time in the course of the next week, a DEC agent will come and advise the Town on what their next step should be. The Board would still like to keep their 10,000 yard permit in place so that the Town can continue to pick up debris and leaves around town and mulch and compost them. As a result of the consent order, which is actually a modification to an existing order, Perfect Cut will pay $13,000 annually to have a DEC monitor on site. The Supervisor added that the Board was unsure whether or not Perfect Cut would continue at the site, but they were planning to take the DEC’s advice on this subject.
Edie Greenstein of Sterling Pines wondered how could it be appropriate to run a mulching operation for the Town if the Board had determined that the present mulching operation run by Perfect Cut was “inappropriate.”
Supervisor Dolan replied that historically, the Town had always maintained the ability to store material at the site and that they still want to be able to do that. The differences will be that the facility will now be monitored by the DEC and a complete containment field has been put in place.
Patrick Bourke asked what the scope of work agreed to for the $13,000 paid for a DEC monitor is. He further stated that it was his understanding that there were two entities on the property…one being the Town and is the other Perfect Cut. He wondered which one the DEC was planning to monitor?
The Supervisor responded that both entities would be monitored. The reason why the Town has entered into a longer contract than was originally proposed by the DEC is because they believed it would be prudent to do so.
Mr. Bourke continued, “you have said you don’t know what the DEC will be doing and yet you have entered into a contract with them. What are they going to do for us?”
Supervisor Dolan replied that the DEC would give the Town advice and ensure that should the operator fall out of compliance, he is immediately notified.”
Mr. Bourke expressed some confusion regarding the fact that the Town was contracting with an entity who plans to police the site but the only fines that are assessed will be to the person they are contracting with (since Perfect Cut will be paying for the monitor). Mr. Bourke wondered why the Town isn’t seeking an independent entity to watch the site as right now the plan seems to be for the DEC to police the site and then potentially fine the Town for noncompliance.
Town Attorney Nichol responded that there was a provision requiring the DEC to give the Town notice in advance of levying a fine so that they would have an opportunity to correct any issue that might be “out of standards.”
Mr. Bourke then wondered if had occurred to the Supervisor that the DEC might find the Town to be in violation after their first visit?
Town Attorney Nichol replied that if the DEC did find violations, they would offer the Town an opportunity to correct them. The Supervisor added that he had wanted the DEC to tell them what “preventative maintenance” they could do, but the DEC had informed them that that until the Town signed the consent order, they would not get that benefit.
Mary Graetzer commented that she was a little confused. The Supervisor first stated that the Board had decided that the mulching operation was inappropriate and then he had talked about what would happen if Perfect Cut was still operating there. She wanted to know “What is happening to Perfect Cut? Are they still going to be there? And what is going to happen to the huge pile of mulch, more than 50 feet of it, that is presently there?”
Supervisor Dolan replied that he assumed what was going to happen was that Perfect Cut would have to get rid of the pile.
Mrs. Graetzer asked if Perfect Cut would be allowed to continue to operate something on the site?
The Supervisor responded that the Board would make a decision based on whether the DEC thought it would be possible or not. Since they want to bring the Town’s own debris there, it would be nice to have an operator on the site. He further stated that perhaps what could happen would be for Perfect Cut to continue working on the Town’s debris only in return for keeping their log storage on the site.
Kiki Nelson said she was puzzled because she couldn’t figure out what would be different about the future from what is currently going on at the site.
The Supervisor replied “in the future, there won’t be a mulch pile there.”
Ms. Nelson responded, “you mean there won’t be a mulch pile at all?” and the Supervisor responded “Perfect Cut will not have a mulch pile there.”
When Ms. Nelson wanted to knoe what the difference would be , she was told that the pile would be smaller. She responded that the debris that got into the waterways would still be there. The Supervisor replied that the DEC was aware of this fact, but that the Town had to recycle somewhere.
Ms. Nelson then asked what the Town had done with their waste before Perfect Cut was there and she was told they stockpiled it illegally throughout the Town. She explained that feared that what was being proposed would be just a smaller size of the same problem and she wondered what had happened to the Supervisor’s promise that if it were shown that the mulch pile was the cause of the fish kill, the Board would close it down.
The Supervisor stated that the Town needed to take care of their own environmental needs.
Ms. Nelson wondered if they needed to do so to the detriment of the Park and the fish? She feels that the present location is too sensitive an area for this operation.
The Supervisor said that the Town needs to be able to do something with the debris and the leaves and that the proposed solution would at least be legal and it would also be monitored.
Ms. Nelson then wanted to know if the monitoring would go on 24/7. She was told no, but for the first six months, the monitoring would be extremely active and then it would drop down to twice a week. She asked if the monitoring would include the dirt pile and whatever else was on the site in addition to the mulch and the response was that it was all part of what would be monitored,
Jim Hays stated that if the object was to reduce the amount of carbon on the site, he didn’t understand why the Board didn’t immediately stop material from coming in. “Truckloads and truckloads are coming in,” he continued, “and logs are piling up and it’s all exacerbating the problem. All of this is going to make the clean up take much longer.”
The Supervisor responded that the Town had a contract with Perfect Cut and Mr. Hays interjected, “call it off. Your contract provides that if there is pollution to the environment, you can shut it down.” Supervisor Dolan stated, “there’s a huge amount of waste there we need to get rid of..”
Mr. Hays replied he understood that. He continued that he wasn’t advocating that they shut the facility down entirely, just that they stop further material from coming in.
The Supervisor responded that the Board would let the DEC talk to them and give them advice. He further stated that unfortunately the DOT had also started dropping debris off at the site to which Mr. Hays responded “tell them not to!” When the Supervisor stated that they had done this but that they might be overruled, Mr. Hays replied “let them bring a court order. You could show some courage here and tell them to not bring it in.”
Patsy Wooters asked if Perfect Cut would continue to have wood chips on the site.
The Supervisor replied he didn’t know. The Town Board hasn’t yet had an opportunity to talk to the DEC representative and they will make a determination after that.
Mrs. Wooters continued, “so since the fish kill last March, nothing has been learned about what the DEC would like you to do?”
Town Attorney Nichol responded that the DEC wanted containment to prevent the site water from entering the wetlands; they also wanted certain limitations on the processing that happens there; and they wanted monitoring and water testing.
Mrs. Wooters then asked if the DEC hadn’t been continuously asking for the mulch to be put in piles separated by 25 feet?
Town Attorney Nichol agreed that this was so and Mrs. Wooters commented that she didn’t see any 25 feet between the piles on the site.
Mr. Nichol stated that this would have to be done in order to comply and that there would be a lot of material which would have to leave the site.
Jim Hays interjected that he believed that the Board was just dragging their feet and Supervisor Dolan denied that this was so. He said the problem was that they had to wait for the consent order to be signed.
Mr. Hays went on to say that all of the issues brought up that evening had been been brought up before and that the Board had refused to take any action and was now waiting for someone else to tell them they had to take action. The Supervisor stated “we’re not waiting to be told to do anything. We’ve done everything the DEC has asked….” Several people interrupted to say angrily, “no, you haven’t!!”
Alan Heywood stated that on numerous occasions at Town Board meetings, the Supervisor had assured the community that if the “mulch heap” was proved to be contaminated, the Board would shut it down instantly. He went on to say that the Board now had in its possession a report from people they had carefully selected stating exactly that. So why, he wondered, isn’t the operation being shut down permanently?
Supervisor Dolan replied that the mulching was being shut down.
Mr. Heywood disagreed saying it was going to continue to the extent of 10,000 yards.
The Supervisor said that the Town had to get rid of debris somewhere and then proceeded to describe what the Village does with debris.
Mr. Heywood interrupted him to say that this was not relevant. He then repeated “you said if it were contaminated, you would shut it down. Shut it down!”
Supervisor Dolan replied that the facility was not contaminated. “The only thing that has happened is that nitrogen and oxygen were put into a marsh.”
Several audience members spoke up angrily saying “that’s contamination!”
The Supervisor retorted that he was not there to debate. The Board would be shutting down the mulch pile and they were going to get advice on the best way to do it.
Sue Scher asked the Supervisor to tell her what he meant exactly when he said the facility would be shut down.. She also wanted to know what the plan for cleaning up the site and getting rid of all the material would be. She suggested that as a beginning, the Town must separate the mulch from the wood chips and the dirt and the logs.
The Supervisor replied that they would be meeting with the DEC that week and then they would make a decision. The Town has 91 days to bring the site into compliance.
Ms. Scher then stated that some of the work was required to be done within 14 days while some other things needed to be done by 30 days. Again, she wondered if the Town had a master plan as to how they would accomplish this.
Supervisor Dolan responded that they believed that most of the things that need to be done within 14 days has already been taken care of. He also said he thought most of the 30-day things had been done.
This was debated by an audience member who said the 100 foot buffer for the wetlands was not finished.
Supervisor Dolan stated that after the DEC’s visit, if the buffer weren’t finished, they would take care of it.
Ms Scher asked again if there were a master plan for the work.
She was told that the Town Engineer was working on it. The Supervisor added they were also trying to find a more local water testing engineer to do the ongoing testing.
Ms. Scher brought the discussion back to cleaning out the mulch. She wondered what the plan was for cleaning the bottom after the mulch had been removed.
Supervisor Dolan replied that he hadn’t been told the bottom was dirty.
John Kilduff wanted to know what would finally prompt the Board to either terminate the contract with Perfect Cut or give them notice that they were planning to terminate the contract? He also asked that the Supervisor tell the audience where he stood on the wood chips, the dirt pile and the logging operations that were also currently going on at the site.
Supervisor Dolan responded that he didn’t find those things offensive as he is an environmentalist and that he believed in running things the way they should be run. He thinks that there should be “something up there.” It just couldn’t be the size that it had become. As for the contract, he said it would have to be modified. His feeling is that no Town Board member wanted a “dollar in, dollar out” contract and they they would probably move to a monthly contract.
Mr. Kilduff then wondered if Perfect Cut were to leave, who would pay for the DEC monitor?
Town Attorney Nichol responded that there was a provision, which would allow the town to reevaluate in that event.
Rodger Friedman of Sterling Forest Partnership commented that if the Town removed the mulch but expanded the wood chips, they wouldn’t be removing the problem but simply replacing one pollutant with another. He asked if the Town had any plans at this time to help restore the wetlands that have been fouled by this operation?
The Supervisor replied that as of right now, the answer was no. However, because of past conversations with Mr. Friedman, he thought he it might not be a bad idea to see if this could be done in the future.
Councilwoman Spivak said she thought all of the Board would be in favor of that.
Sue Papke stated that she would like to clarify for the record something that had been said a couple of weeks back. The Supervisor made the statement that she had cost the Town $10,000 as a result of of a lawsuit she had brought against them which had subsequently been lost. According to Mrs. Papke, the lawsuit was about FOILing Town material, principally material about the mulch pile. After 7 months of requesting this material without a response, she had filed an Article 78 suit. The suit did not cost the Town $10,000, rather it had cost them $2800. When she had finally received the requested material she realized that the income from the mulching operation was not $250,000 a year but instead had averaged $117,000.
Supervisor Dolan responded that as of right now, the Papke/Neal lawsuits from 6/08 to 9//14 had cost the Town $12,595 in legal expenses.
Mrs. Papke countered that her suit was not $10,000. There were other suits, which were about self dealing. Her suit focused on her attempts to procure certain information for 7 months and the Town not producing the material she had asked for.
Jim Jospe asked for a clarification. As he understood it, the Town was paying $13,000 for a “consultant,” but they weren’t actually paying for it, rather Perfect Cut was paying for it. The Board confirmed this.
Mr Jospe added “so it’s costing you guys nothing?”
The Supervisor responded that this was correct.
Councilman Matthews added “if they pay us back, it’s correct.”
Patsy Wooters asked if the Supervisor had a dollar figure on what the mulch pile had cost the Town to date?
Supervisor Dolan replied that he had a report from the Town Bookkeeper which stated that the Town has made a net income of $997,609 from the mulch pile. They made $1,115,896 and had expenses of $118,287.
Click here to see a copy of this report.
John Kilduff then wanted to knowa why Mrs. Papke’s figures and the Town’s figures were so different and the Supervisor replied that he didn’t know.
When Mrs. Papke tried to correct the Supervisor’s figures, he told her it wasn’t her turn to speak. She responded “but what you’re telling the Town isn’t correct,” and he replied “Sue, what you are telling the Town may not be correct. You are in multiple lawsuits against the Town. Maybe you have an agenda which is different from everyone else’s.”
Mrs. Papke replied that she had an agenda for “truth and honesty.”
Russ Shaver wanted to know where the town would recoup the $1 million if the money from the mulch piles “goes away.”
The Supervisor replied “from the taxpayers.”
Mr. Shaver then asked about legal bills and Supervisor Dolan responded that there was currently an Article 78 against the Town which would likely cost $100,000 before it was over.
Councilman Matthews wonderd what the tax increase would be if the mulch pile was closed and the Town didn’t have that revenue? Would it be about $150 per household?
The answer was very confusing but ultimately the Supervisor said that potentially the Town could go from a 2% tax increase to roughly a 5% tax increase. The Supervisor then reiterated that if Perfect Cut were to leave altogether, the Town would be out $1million.
Several audience members protested this statement pointing out that the $1 million was over 5 yearsand that perhaps more importantly, there had been a fish kill and ponds and marshes had been destroyed. Was that worth $1 million?
Mike Squillini added “our Town was on the news! Was that worth $1 million?”
Ulrich Pendl commented “there is not $1 million.”
He stated that he had FOILed the numbers from the Town clerk and had had a hard time getting them. He claimed that for the last 6 years, the Town had averaged an income of $117,000. He furtherstated that his FOIL request had been for the logbook of trucks coming in and out of the mulch facility as well as for the accounting of revenues and expenses associated with the mulch pile. He read from a response, which stated “there is no logbook and there is no such accounting.”
Supervisor Dolan stated that there had been a lawsuit against Town Clerk Laurent with regard to this information and that the Town had won the lawsuit because the Judge said that the information had been given in a timely fashion.
Mrs. Papke disagreed.
Town Clerk Laurent stated that she thought it was unfair of Mrs. Papke to keep saying she hadn’t gotten information whenshe had given her everything she asked for with one exception, which was a banking record she couldn’t find. She went to the bank for a copy and never got it from them, so she gave Mrs. Papke the information in a different form.
Supervisor Dolan then stated that they had the numbers put together by their bookkeeper, Brian Sullivan who was not only the Town Bookkeeper but also a member of the Sterling Forest Partnership. As such, the Supervisor doesn’t think that Mr. Sullivan would want to lie about the figures. Going back to the question about what would happen if the Town did not have the income from Perfect Cut, the Supervisor reiterated that they would either have to raise taxes or cut services in some way, which were both things he had always tried to avoid . He commented that he was happy that the Town had a healthy bank roll and that he had always been able to keep taxes down which by looking around for alternative revenue sources for the Town.
Sue Scher stated that the DEC is a monitoring and enforcement agency. They are not necessarily the best source for advice on sustainable environmental practices. She urged the Board to hire an independent consultant to help them develop such practices. She feels the Town needs to do some real environmental planning at this point.
Robert Randhare of the Woodlands commented that he had read the DEC Consent Order and understood that a 100 ft. buffer must be established between the wetlands and the piles and once this had been done the property would be remediated, refilled and seeded.
The Supervisor said this was correct.
Mr. Randhare wanted to know what the timetable was for this work? Supervisor Dolan replied that as far as he understood, the work had already been taken care of.
When some audience members expressed doubt about this, the Supervisor added that it had been done done for the leaves in the summer. The work migh might not be to the DEC’s satisfaction but the Town would find that out when they arrived.
Edie Greenstein asked if the public would be able to see a site plan when a decision was made about what to do with the site.
She was told yes.
Patrick Bourke commented that he had continued to pursue the idea of installing closed circuit camera at the site so that it could be more closely monitored. He reported that a system, including cameras and software could be installed for well under $10,000. The only recurring cost would be a $49.95 monthly internet access fee.
John Kilduff wondered whether a new contract for runnig the 10,000 cubic yard permit would go out to bid.
Town Attorney Nichol answered no, bidding wasn’t necessary because the contract was based on real estate and location Therefore, the state puts it out of the bidding requirement.
Supervisor Dolan commented that over the last year, all of Perfect Cut’s biggest competitors had come in to talk to him to make a bid for the work. According to him, each one of them offered the Town a worse deal than Perfect Cut and they all ended up going away saying that there was no way to make money here.
Jake Matthews inquired as to the hours of operation at the facility presently and whether or not this is stipulated in the contract.
Supervisor Dolan replied that he didn’t know, but if they do enter into a new contract the hours would be very different than they are now. Mr. Matthews then asked what the new hours would be and was told perhaps 8 am – 8 pm or dawn to dusk.
Next, Mr. Matthews t wanted to know how 10,000 yards would compare to the size of the current pile, the Supervisor said he didn’t know. Mr. Matthews asked after the dirt at the site. Specifically, he wanted to know where it came from and whether it was Perfect Cut’s dirt or the Town’s dirt and what benefit is it to the Town? The Supervisor responded that the Town makes money on the dirt. A lot of the dirt comes from land clearing as well as the root systems from the trees that are brought in The Town not only makes money on the dirt but they are able to use it in projects around Town such as refurbishing the ballfields. The soil has never been in contention with the DEC but it will be monitored by them moving forward.
Mr. Matthews asked if the dirt had ever been tested and was told no. Finally he asked if the revenue from the site in its entirety had been broken out so that one could see how much money came in from the mulch pile as opposed to how much came from the wood chips and the dirt.
The Supervisor said there was “a little bit of comingling.”
Patsy Wooters asked if the Board had any concern about future liability due to health problems from people working at the site.
The Supervisor said he did not anticipate any.
John Kilduff inquired whether or not Perfect Cut had been approached about remediating the marsh and aerating and restocking the ponds?
Supervisor Dolan replied that Perfect Cut had offered to do that six months ago but they had not discussed it since then
Bonny Takeuchi expressed some confusion. First she heard that the Town was closing down the mulching operation but now they were discussing operating hours. She wanted to know constituted operating from dusk to dawn? Would it be just Perfect Cut selling the mulch or would there be something else going on there as well?
Supervisor Dolan replied ‘that’s what the DEC will tell us—what we can still do up there. Maybe we can have a logging operation up there.”
Someone asked for the definition of “a logging operation” and he replied “where we can bring logs.”
Mike Squillini commented that he was still very concerned about the dirt. He finds it odd that trucks would want to come in in the middle of the night to dump dirt.
Supervisor Dolan responded that truckers worked late night hours.
Mr. Squillini continued that he had loaded plenty of things in trucks in his lifetime and his experience was that anything that was no good was loaded up at the end of the day. Looking at the dirt pile, he has seen some construction debris in it. A friend of his got some topsoil from the site and it was loaded with insulation.
Changing the subject, George Mollo commented that a year ago he had come to the annual budget hearing and criticized the budget indicating that he found it unprofessional and sloppy. At that time, the Supervisor had suggested that a budget committee would be formed to avoid the same issue the following year. Mr. Mollo wanted to know if all of the Board members had reviewed the current budget and if in fact they had, it is his opinion that “either the Board members are brain dead when it comes to budgets or they don’t understand what they read.” He then outlined some examples having to do with the Sterling Mine Estate drainage system budget numbers. Last year, he caught an error in these numbers and pointed it out and he was gratified to see that the figures were changed in the final budget for 2012. This year, when he looked at the Preliminary Budget, he found that they had copied the same figures, which had been in error from last year’s Preliminary Budget. Since he remained silent this year, the errors have gone into the Final Budget. Mr. Mollo believes Tuxedo deserves better. In the past when he has raised questions with the Supervisor, he has been told that the Supervisor is not an accountant and that the Town only employs a part time bookkeeper. Mr. Mollo suspects that the Board looks only as far as the first page, which contains their salary increases, and stops there. He spent only a half an hour with the budget and found errors.
Councilwoman Spivak stated that she would not respond to Mr. Mollo since he was on the attack and had called them brain dead. Deputy Supervisor Phelps quickly seconded that.
Supervisor Dolan stated that he had sent Mr. Mollo an email asking him to come in and work with him on the budget and that Mr. Mollo had replied that he was too busy working on school issues. He continued that there may be mistakes in the budget, but the budget is basically designed by the State of New York. He went on to say that he respected Mr. Mollo’s comments and again invited him to come work with him during the budgetary process.
Mr. Mollo commented that he also had an issue was with Town Attorney Nichol. Last year, during the budget process, the budget kept changing so that the audience members were working from a different set of numbers than the Board. When he complained, Mr. Nichol responded, “Mr.Mollo, don’t you know that budgets are fluid?” But Mr. Mollo contends that
Town Law says that a budget must be presented to the public 5 days before a hearing so that when one attends a hearing everyone has the same set of numbers.
Town Attorney Nichol stated that the Preliminary Budget must be delivered 5 days before the hearing but that doesn’t mean that corrections cannot be made. Mr. Mollo reiterated that the Budget should be frozen between the time it is released to the public and the public hearing where it is dicussed after which time, changes can be made.
back to top
Agenda for Town Board Meeting November 26, 2012
Call to Order
Pledge of Allegiance
Minutes
Monthly Reports
Public Comments on Agenda Items
1. Town Supervisor/Town Board Update
2. Resolution to Acknowledge Auditor’s Report of Examination of Records of the Town for 2011
3. Resolution to Ratify Police Collective Bargaining Agreement - 01/01/2011 through 12/31/2015
4. Resolution to Appoint Edward J. Brennan as Member of Board of Fire Commissioners
5. Resolution to Grant Special Permit for Our Lady of Guadalupe Torch Relay Run - 12/08/2012 at 12:00 Noon
6. Acknowledgment of Receipt of Water Testing Report from Land Use Ecological Services, Inc.
7. Reminder of Christmas Tree and Menorah Lighting Ceremony at Train Station - 12/09/2012 at 4:00 p.m.
8. Notification of Holiday Toy Drive through 12/21/2012 - Drop-Off Sites-Town Hall, Library and Police Station
9. Any other business as may come before the Board after this Agenda is posted
Public Comments
Budget Transfers
Vouchers
Adjournment
back to top
Town Board Meeting November 14, 2012
The Town Board met on Wednesday, November 14, 2012 at 8 pm. All members were present.
The meeting began with a moment of silence in remembrance of all those who perished, were injured, are displaced or in despair due to Hurricane Sandy.
Supervisor Dolan then introduced two members of the nationwide group, Rolling Thunder who briefly detailed a program run by their organization which adds commemorative signs to street signs where a fallen soldier has lived. The streets are not renamed nor are the existing signs taken down, a new sign is simply added to the top of the existing sign. The group is has requested permission to install such a sign on Clinton Road to commemorate Jonathan Cadavero. After checking with Mrs. Cadavero, the Board granted permission for the installation and thanked Rolling Thunder for their efforts. .
Public Hearing to Receive Comments Regarding the 2013 Preliminary Budget:
The Supervisor opened the hearing by announcing the new tax levies. The levy for the Village of Tuxedo Park will have an increase of 1.87% and the levy for the Town outside of the Village will have an increase of 1.98%
Alan Heywood asked where he could find the income from the “mulch heap”? After some discussion, he was told that this could be found in line 2410 A and that the line also included various other sources of income to the Town. Bookkeeper Brian Sullivan added that the Town will be implementing a new method of accounting starting next month and that the mulching account will be split out at that time. Mr. Heywood had many other questions about specific line items. For example he asked for a break down of the items covered under the Supervisor’s line as well as for an explanation of the almost he stopped asking them. The Board simply thanked him for his questions, but didn’t offer any explanations.
Nancy Bourke expressed confusion over the fact that the Town is budgeting for between $150,000-$170,000 revenue from the mulching operation. She observed that the Board had stated many times that if it were proved that this operation were polluting the surrounding waters and marshes, they would shut the operation down. She wondered why then they continued to budget for revenue from this source.
Supervisor Dolan responded that the budget had been made up over the last several months and that he had only just received the report from Land Use Ecological that very day. His plan was to review the report with the Board that night and then there would be an analysis of what the Town plans to do at the next meeting. Should the Board decide to terminate the mulching operation, there are contingency funds in budget to cover that.
Mary Graetzer stated that she would like to hear the Board’s explanation for the fact that they were all giving themselves another raise this year.
The Supervisor replied that personally he felt that they had done a very good job as a Town Board. He pointed out that the proposed budget increase was at 1.87% while most of the other municipalities in the County were much higher.
Mrs. Graetzer then asked if their job performance was predicated on the size of the budget increase.
Councilman Phelps remarked that if Mrs. Graetzer would look at the whole Town instead of just “her little sliver,” then she “wouldn’t be so disingenuous.”
When Mrs. Graetzer asked for further clarification, Councilman Phelps replied “The whole Town. We have a Dog Park. Taxes are down. We cut the cost of garbage pickup. Overall, we’ve done a good job this year.”
Sue Papke interjected “but you guys have a mulch pile that has been out of compliance for 2 years! If you can’t manage that, why would you be getting a raise?”
Councilman Phelps replied “it’s your opinion that that’s something you’re not happy with.”
Supervisor Dolan then stated that it was the Board’s opinion that they were chronically underpaid. He said that Town Board members received a check for roughly $224 every two weeks and that they all put in an exorbitant amount of time. He felt that Mrs. Graetzer had some nerve questioning the raise because, she doesn’t see the time and effort that is being put in. He further commented that he found it s funny that four years ago, he recalled Mrs. Graetzer saying that the Board members should be paid $12,000 (roughly twice what they are paid now) and that he should be paid more too.
Mrs. Graetzer categorically denied ever having said such a thing. The Supervisor then went on to say that he felt that everyone in Town Hall deserved a 3.5 % raise. There are lots of things that they all do in the form of donations to the town that no one knows about.
Mrs. Graetzer responded that everyone had received a 3.5% increase every year since Supervisor Dolan had been in office. She wondered if every one of the Town’s taxpayers could say the same thing as they are the ones funding for the Board’s annual raise.
Jake Matthews stated that each of the Board members went into their job knowing that they were entering into public service. At a time when many people are strapped for cash, he doesn’t feel that the Board should be adding to their bottom lines even if the amount of the raise is miniscule. He knows the employees all work hard, but again, they knew the pay was not going to be substantial when they took their jobs.
Nate Wolinksy commented that as an ex school teacher, he was tired of hearing the excuse that “people knew what the pay was when they accepted the job” and that teachers hear this frequently. He suggested that everyone should take a look at the amount of money the present Board had saved the Town. He added that he would like to see the Board members receive a percentage of the money they have saved the Town. He feels the raise is well deserved and he thanked all for their efforts.
Pat Barone, a former school teacher in Tuxedo, stated that it had been a long time since any teacher in this Town had received a raise of 3.5%. In fact, the teachers as a group, just gave back money to the district in an effort to help out with the Greenwood Lake situation.
Supervisor Dolan stated for the record that no one on the Board took any healthcare and he believed that the teachers do take healthcare. Mrs. Barone agreed that the teachers do get healthcare.
The Supervisor said that the Board members only get salary. They are not reimbursed for gas or any of the other expenses they incur. With a paycheck of $224 every two weeks, if they have to pay for babysitting, in some cases it almost costs money for them to serve on the Board. He said he would defend these raises to the death and that he had been reelected to his office last November in a landslide victory based on the same salary situation.
Mary Hanson remarked that the Board should remember that all 5 of them have “real jobs.” She wondered, if they are saving so much money for the Town, why do the taxes keep going up every year?
The Supervisor replied that the Town’s budget had gone up roughly 2% for the last two years and the police and highway contract increases were a lot higher than 2%.
Mrs. Hanson responded that no one in the room got paid to drive to work and she didn’t know anyone that did. She further commented that she had asked to have the accounting for the mulch pile done separately last year and had been assured that it would be done this year. Brian Sullivan, the bookkeeper, replied that changing the budgetary process took longer than anyone knew and that it was going to bei done next month. In the meantime, Supervisor Dolan has an analysis of all the receipts and expenditures for the mulch pile and anyone can ask for a copy.
Mrs. Hanson wondered how many times someone had to ask for these figures.
The Supervisor replied that the analysis was done and that Mrs. Hanson could ask Town Clerk, Elaine Laurent for it at any time and she would send it.
Alan Heywood commented that he felt the Board’s pay raise might be more palatable if it were accompanied by some sort of independent assessment rather than the Board’s just awarding themselves the raises.
Public Hearing on the Special Improvement District Charges Including Hamlet Sewer and Sterling Mine Estates Drainage District:
There were no comments from the public.
Public Hearing on 2013 Woodlands Sewer Rates:
There is no change in the rates this year. There were no comments from the public.
Town Supervisor/Town Board Update:
Supervisor Dolan expressed his gratitude for the hard work of the Police and Highway Departments during the recent hurricane.
Nate Wolinsky mentioned how great he thought it was that the Police Department went out of their way to take care of all the out of town (utility) workers who came to help out.
Police Chief Welsh mentioned that some parts of Town, including but not limited to the East Village, were not hit as hard as other parts and he was gratified by the number of those people who came forward and volunteered to help others less fortunate than themselves.
Resolutions:
The following resolutions were passed:
- a Resolution to adopt the 2013 Final Town Budget. Councilman Matthews commented that he would be donating his salary raise.
- a Resolution to adopt the 2013 Woodland Sewer Rates
- a Resolution to Authorize Execution of Agreement with County of Orange Pursuant to State Law Enforcement Terrorism Prevention Program – This is a grant applied for and received and will be used to supplement equipment for the Police Department
- a Resolution authorizing agreement for snow and ice control on Old Forge Rd. in Warwick
The Supervisor also acknowledged the filing of the Police Collective Bargaining Agreement. As soon as the Board has had a chance to read it, they will be signing it.
Other Business:
The Supervisor announced receipt of the report titled Water Chemistry and Ecological Assessment of Warwick Brook from Land Use Ecological Services. The report is not as complete as the Supervisor wanted it to be, but the decision was made to accept it as the public has been clamoring for this report.
He further stated that he had not had an opportunity to study the report as it had just arrived that day, but it would be circulated to the Board members and made available to the public right away. The Board will analyze the report and discuss it at the next Town Board meeting. They will be making some determinations about what to do about the mulching operation at that time.
To view a copy of the Land Use report, click here.
Mary Graetzer asked if the Supervisor had made any arrangements to have Mr. Bowman present at the next meeting as he had stated over and over he would do.
The Supervisor replied that he hadn’t made that determination as yet as the report had just arrived.
Mary Yrizarry asked where the Town stands with the DEC in relation to the mulching operation.
The Supervisor replied that he hoped to be able to make public what was going on with the DEC soon but at the moment, all he could say was that the Town was taking the advice of the DEC.
Sue Scher asked what the DEC was suggesting.
Supervisor Dolan responded that he had had many conversations with Commissioner Janeway and he had recommended that the Town hire a monitor from the DEC to oversee the project. They are very close to finalizing this agreement.
Click here to read a copy of the DEC consent order
Kiki Nelson asked if the monitoring would be 24/7 and was told no. She then wondered how the DEC could monitor the operation if they weren’t there when the trucks were coming in?
Supervisor Dolan responded that once the Town had signed the order of consent, they would be meeting with the DEC to finalize the arrangements. He expected that the basic DEC order of consent, which was to be discussed at the Executive Session immediately following the meeting, would be available the next morning.
Mike Squillini asked if the Board would have the DEC come to a future meeting to answer questions from the public. He was told they could ask, but the Board didn’t think they would come.
John Kilduff asked what exactly was coming from the DEC? a report? Some sort of sanction that the Town has agreed to? And would it just appear on the website as a fait accompli?
The Supervisor said he couldn’t discuss it yet.
Lili Neuhauser asked if the Town residents would be able to utilize the Perfect Cut site. Supervisor Dolan responded that they were working on a situation which would allow the Town of Tuxedo to utilize the facility.
Mike Squillini asked if the agreement with the DEC would include the dirt pile (also on the Perfect Cut site) as well as the mulch pile.. He personally is more concerned about the dirt.
Town Attorney Nichol replied that it was not part of the agreement.
Jake Matthews suggested that everyone keep in mind that the property in question was a piece of Town property, owned by the taxpayers. He feels that the Board and the Town Attorney should bear this fact in mind when they decide what to do.
Sue Scher remarked that for the past several months the mulch pile had not been listed on the agenda although it had been discussed. She is concerned that in the future when someone looks at the archives, it will look as though the subject had never been discussed.
The Supervisor responded that it was reflected in the minutes.
Ms. Scher expressed concern that some people might be considering attending the meeting, but if they saw the subject wasn’t listed on the agenda, they might not come. The Supervisor replied it would be on the agenda for the next meeting.
The meeting was then adjourned into Executive session to discuss legal matters with their attorney.
back to top
Agenda For Town Board Meeting November 14, 2012
Call to Order
Pledge of Allegiance
Moment of silence for all who perished, were injured or are displaced by hurricane sandy
PUBLIC HEARINGS to Receive Comments Regarding:
§ 2103 Preliminary Budget and Special Improvement District Charges
Including Hamlet Sewer and Sterling Mine Estates Drainage District
§ 2013 Woodlands Sewer Rates
Monthly Reports
Public Comments on Agenda Items
1. Town Supervisor/Town Board Update
2. Resolution to Adopt 2013 Final Town Budget
3. Resolution to Adopt 2013 Woodlands Sewer Rates, Unchanged from Prior Year
4. Acknowledgment of Filing of Interest Arbitration Award - Police Collection Bargaining Agreement
5. Resolution to Authorize Execution of Agreement with County of Orange Pursuant to State Law Enforcement Terrorism Prevention Program
6. Any other business as may come before the Board after this Agenda is posted
Public Comments
Budget Transfers
EXECUTIVE SESSION regarding status of Appeal filed by Coyne Legal Group challenging Court Decision & Order Dismissing Lawsuit brought against the Town by Tuxedo Land Trust, Thomas Wilson, Mary Graetzer, Robert McQuilkin, Peter Regna, Torne Valley Preservation Association and Patricia Wooters
Adjournment
back to top
Town Board Meeting October 22, 2012
The Town Board met on Monday, October 22, 2012 at 7:30 pm. All members were present.
The meeting began with a moment of silence for long time Town resident Mary Billy who died recently.
Public Hearing on Local Law Entitled Best Value Competitive Bidding:
Supervisor Dolan asked Town Attorney Don Nichol to give a brief overview of the law to open the hearing, which he did. Currently, the public bidding statute in the State of New York requires that bids be awarded to the lowest responsible bidder. However, the State Legislature has realized that there might be times when it would be more advantageous for a Town to accept a higher bid when that option offers a better value for the Town. In order to take advantage of this option, the Town must pass a local law. Moving forward, they will then need to indicate what their reasoning was for having used the provision on a case by case basis..
Supervisor Dolan asked whether there was a dollar amount ascribed to the provision and Attorney Nichol responded no, that the same rules of procurement would still apply except that sometimes, they could award a bid to someone who was not necessarily the lowest bidder.
Sue Papke asked if the Town had a list of preferred vendors and was told they do not.
Mike Squillini wondered if there was a list of the jobs done by various vendors in Town. He commented that he thought jobs were supposed to be posted, but he didn’t see this happening. The Supervisor replied that most of the jobs were going on through the Highway Department or the Police Department and the people hired came from companies that the Town had been commissioned to use. Mr. Squillini observed that it seemed to him that the same people were doing all the jobs and he knew of people who would like to bid but there doesn’t seem to be anything posted in the paper. Mike Squillini wondered if there was a list of the jobs done by various vendors in Town. He commented that he thought jobs were supposed to be posted but he didn’t see this happening. The Supervisor replied that most of the jobs were going on through the Highway Department or the Police Department and the people hired came from companies that the Town had been commissioned to use.
Mr. Squillini commented that it seemed to him that the same people were doing all the jobs and he knew of people who would like to bid but there doesn’t seem to be anything posted in the paper. The Supervisor responded that currently there wasn’t much bid work going on in the Town and that 98% of the work that is occurring is done by Highway Department employees.
There ensued a long discussion between Board members about what would constitute a good reason for invoking the new law. It was agreed that each instance would have to be articulated by the Board in public, which will add to the transparency of the process.
Town Supervisor/Town Board Update:
Supervisor Dolan reported that he has been working diligently on the 2013 Budget and was happy to announce that the Town should end with a budget increase under the 2% cap.
As per the announcement last May, workers sent by the Department of Labor have arrived in Town to help clean up the banks of the Ramapo River. They have been working in the East Village area as well as near the Skate Park. The work is paid for by FEMA.
With regard to roadwork, the Supervisor announced that the Town will be trying something new with the tarring and chipping of roads. This method has been used on the roads in the past, however too much of the chipped material was removed by snowplows so this time they are experimenting with tarring, chipping and then tarring again. This will be done first on South Gate Road.
Kiki Nelson asked if there were any plans to repair and repave Warwick Brook Road. Supervisor Dolan explained that because they have been anticipating the construction of Sterling Place, the Town had not done anything more than patch this road for the past several years. The original plans had been for the development to run sewer lines from Route 17 to Longmeadow Road thus digging up Warwick Brook Rd. However plans have changed, and now the lines will go up Route 17 to Laurel Ridge. Consequently, the Town plans to begin repairs to Warwick Brook starting next year.
Resolutions and Acknowledgments:
The following resolutions were passed:
- a Resolution to adopt Local Law Entitled “Best Value Competitive Bidding
- a Resolution to Schedule Public Hearings to receive comments on 2013 Preliminary Budget and Special Improvement District Charges on November 12th at 7:30. This will include charges for the Hamlet Sewer District and Sterling Mine Estates Drainage District
- a Resolution to Schedule the Annual Public Hearing on Woodlands Sewer Rates
- a Resolution ti authirze Town Counsel to defend the Town in Tax Certiorari proceedings filed by Michael Collins, Phillip Lobkowicz and Chester LeBaron
- Acknowledgment of Filing of the 2013 Tentative Budget on
October 1, 2012. The Supervisor stated that the budget will be available for download on the Town website soon. Despite an additional query, it was still not available as of Thursday, Oct. 25.
Other Business:
A resolution was passed granting a special sign permit to Tuxedo Performing Arts Group (TPAG) to publicize their event to be held at the George F. Baker High School on November 10, 2012.
Public Comments:
Rodger Friedman of the Sterling Forest Partnership stated that last Spring it had become abundantly clear that there was a fouling of marsh land downstream from the mulch pile in Sterling Forest State Park. The Partnership agreed that more a more scientific approach was needed to find out what the cause of the pollution was. While they appreciate the fact that the Town has hired Land Use Associates to do a study, the Partnership also commissioned a study, which was designed by Professor Emeritus James Hays of the Columbia University Department of Earth and Environmental Sciences. The results of this study have been delivered to the Town Board and also published on the Sterling Forest Partnership Facebook page as well as on TPFYI. Mr. Friedman then introduced Dr. Hays, who proceeded to give an overview of the study as follows:
Shortly after the fish kill, the DEC completed several studies on the streams that feed into and flow out ofthe Caretaker Marsh (adjacent to mulch pile). These studies found that both the oxygen and acidity levels in the various streams were normal, however, in the marsh itself, the oxygen level was very low and the acidity level was very high. Based on this information, Dr. Hays felt that it might be useful to do additional chemical analysis on the Caretaker marsh for two reasons. One reason was to see if he could discover the source of the pollution and the other was to see if the chemistry could provide a fingerprint that could then be followed away from the marsh and into other waters in Sterling Forest and possibly even on to Tuxedo Lake. Although there is clearly no surface connection between the waters in question and Tuxedo Lake, Dr. Hays suggested that there might be a subsurface connection via fracture zones which could bring that water into Tuxedo Lake (and thus have a direct effect on the drinking water). Sampling was done at 4 sites: the Caretaker marsh itself, Scott Mine, the well at the Caretaker marsh and then, a marsh located off of Ironwood Drive called Phragmytes Marsh, The latter is in no way connected to the Caretaker marsh and was sampled for use as a standard.. The results of the testing show that in the Caretaker marsh there are very large amounts or organic carbon and phosphorus… 20 - 35 times what is in Phragmytes marsh. Also in Caretaker marsh, large amounts of iron and magnesium were detected. This condition also exists in Scott Mine although not in Phragmytes marsh.
Dr Hays suggested that the metals in Caretaker Marsh could be coming from the water that is being poured onto the mulch pile to prevent its bursting into flame. This water is coming out of Scott Mine and also from Cook Mine (which is connected to the Caretaker Marsh underneath the DPW.) Dr. Hays believes that because the Caretaker marsh exists in a pristine forest, the only possible source for the organic carbon and the phosphorus is the mulch pile. Thus he has concluded that the Caretaker marsh is being contaminated by the mulch pile. He further stated that it was up to the Town Board to decide what they are going to do about it. He noted that back in May, a number of the Board members had stated that if it could be shown that the mulch pile was contaminating the waters in Sterling Forest, they would do something about it. Based on the results of his study, he feels they now have that option.
Supervisor Dolan thanked Dr. Hays for his presentation and said that he had sent it along to Mr. Bowman at Land Use Associates. He also sent the Scott Mine groundwater report, supplied by Rodger Friedman at the September meeting, to Mr. Bowman. The Supervisor added that the Board would have had Mr. Bowman’s report at this meeting but because of this additional information, it would now be delayed while Mr. Bowman reviewed the additional information.
Dr. Hays responded that the Board could confuse the situation with a lot more data if they wanted to, but the fact is that there’s a huge amount of organic carbon in the marsh and they need to find a source for it. If they say it’s not the mulch pile, then they have to identify another source for it – that is their obligation.
The Supervisor replied that Mr. Bowman’s report would be “very very comprehensive,” and that the Board would make a decision as to how they would proceed after receiving it, which should be soon. He wants to make sure that Mr. Bowman addresses Dr. Hays’ conclusions. He also wants to make sure Mr. Bowman has time to read the Scott Mine report, as he felt might it provide a baseline for the Scott Mine water.
Dr. Hays agreed that this was important, but stated that he still felt that the Board needed to explain the organic carbon and the phosphorus present in the Caretaker Marsh. He added that he believed it was important that there be a lot of transparency with this issue. In his view, there has been a clear effort on the part of the Board to keep the mulch pile going and as a result of this, people in the community are questioning what the big advantage of the mulch pile to the Town could possibly be. He feels every member of the Board should be able to answer the following questions:
What is the revenue stream from the mulch pile?
What are the expenses the Town incurs because of the mulch pile? What is the “net” to the Town from the facility?
Is it worth keeping the mulch pile going?
Supervisor Dolan responded that they were all grappling with those issues, and as soon as they received the report from Land Use, they would make a determination based on what they have learned. Councilwoman Spivak added that the Board was weighing out the negatives and the positives and wondering if it were all worth it. She stated that although it might appear to the public that the Board feels that the Town has to maintain the mulch pile, that was not necessarily the case. The facility has been an important source of revenue for the Town and, if the Board were to shut it down, they would have to find some way to make up that revenue. However, if the pile has truly contaminated the marsh and is causing the rivers to be polluted, “the deal’s off.”
Alan Heywood stated that in June he had asked the Board to produce an auditor’s report detailing the income and expenditures from the facility since the time it had opened. He still has not received this report despite having asked for it several times.
Supervisor Dolan replied that the Town does not have an auditor, rather they have a part time bookkeeper. He then reiterated that when the Board finally gets some information back from Land Use Associates, they will be making a decision based on that information.
Sue Papke remarked that she had asked for information relating to the mulch pile and its revenues going back to January and in response what had been disclosed to her was that there is an average of $117,000 per year in revenue. She commented that this figure does not take into consideration lease administration fees, DEC violations or consulting costs and it looks as though in 2011 alone, there were $90,000 worth of external costs relating to the mulch pile.
Patrick Burke stated that he, too, had FOILed the accounting records for the mulch pile back in January. He repeated this request in June or July and recently asked again trying to get figures for 3 different quarters. He spoke with Town Bookkeeper Brian Sullivan earlier in the day, and was told that he would need to submit another FOIL request for the information. He was also told that only 2 people could dispurse that information, one being Town Clerk Elaine Laurent (who is out of town) and the other the Supervisor. Mr. Sullivan had stated that he had complete accounting records on the mulch pile, including both the soil and mulch going in and out, and could get that information for Mr. Burke by next week, but the information would need to come from the Supervisor. Mr. Burke stated he was expecting to see this information by Monday or Tuesday of next week based on the bookkeepers assessment.
Russ Shaver asked if the Town would be able to recoup any of the money currently being spent on the lawsuits that have been filed against the Town.
The Supervisor stated that Sue Papke had sued Elaine Laurent for FOIL information. Mrs. Papke lost the lawsuit but it had cost the Town $10,000 which cannot be recovered.
Mr. Shaver then suggested that the Town should test the water coming off the Tuxedo Park golf course because no one knows what is being sprayed there and what might be going into the water as a result.
The Supervisor reiterated that they were waiting to get the report from Land Use Ecological and would make a decision regarding the mulch pile once they had it. He added that he personally knew exactly what the Town was and was not receiving from the faciity and that most of the “facts” being heard tonight were incorrect
Mr. Heywood then asked why residents have are unable to obtain accurate information?
The Supervisor replied that Mr. Heywood was free to FOIL whatever he wanted. However, he didn’t “work for you every single day” and he “has a thousand things to do and can’t always pull out what people might want pulled out.” He further stated that he felt any information he gave out would be branded incorrect anyway and that this issue was “all about other things.”
Mary Hansen commented that what the Supervisor had referred to earlier as “Lou Heimbach’s study” was really a part of the DEIS for the Sterling Forge Development, and a copy was located in Anita Rogers’ office. She further commented that in her view saying that they needed more time to review it was just a stall tactic. The Supervisor denied that any stalling was going on. Councilwoman Spivak stated she was as anxious to see the reports as anyone.
Mrs. Hanson then wanted to know why it had taken 7 months to get a report done.
Councilman Phelps replied that when Mr. Bowman came to give the report, Mrs. Hansen should ask him that question.
Mrs. Hanson then wanted to know exactly when the report would be done and the Supervisor replied it would be done when it was finished.
Dr. Hays expressed concern that this process could go on forever and was told that the report was now being finalized.
Kiki Nelson inquired if there were a specific dollar amount that would cause the Board to say that “if the mulch pile makes X dollars a year, then it doesn’t matter what is happening?” The Supervisor responded that he had done some rough calculations based on the mulch pile generating $225,000 a year, which he said was “true money.” In calculating the budget with that number, he anticipates an increase of 2% but if that money were taken out, the increase will go to 12%. If this is the case the Town will have to make a decision whether to take that money out of the reserve and live with it, or change some things and possibly let some people go.
Mrs. Papke interjected that the records she had seen didn’t substantiate $225,000 a year to which the Supervisor retorted, “Sue, your record doesn’t substantiate anything either.”
Supervisor Dolan then cut off any further questions regarding the mulch pile commenting “the answer is we will make a decision and that’s final!”
Mike Squillini asked what would happen if the Town decided to close the mulch operation down and then Mr. Guggino decided to walk away? Who would pay for the clean up?
The Supervisor responded that this was one reason why the Board had to make an intelligent decision rather than an “off the cuff” one.
When Mr. Squillini asked if Mr. Guggino had a bond, he was told that there was money in escrow but the Supervisor declined to say how much.
Mrs. Hansen interjected she thought it was $15,000.
The Supervisor asked if anyone had anything else to add and Couoncilman Matthews stated that he hadn’t received a copy of the tentative budget. Arrangements were made to get him a copy.
back to top
Agenda for Special Town Board Workshop with School Board and School Consultants October 23, 2012
Call to Order
Pledge of Allegiance
-
Work Session with Tuxedo School Board and Public Consulting Group to Discuss Options for Future of the Tuxedo High School
Note: Members of the public are welcome to attend and listen at work session; however, no audience participation will be accommodated
- Any other business as may come before the Town Board after this Agenda is posted
Adjournment
back to top
Agenda for Town Board Meeting October 22, 2012
Call to Order
Pledge of Allegiance
Moment of Silence and Reflection to Honor Memory of Mary D. Billy
PUBLIC HEARING to Receive Comments on Local Law Entitled “Best Value Competitive Bidding”
Minutes
Monthly Reports
Public Comments on Agenda Items
- Town Supervisor/Town Board Update
- Resolution to Adopt Local Law Entitled “Best Value Competitive Bidding”
- Acknowledgment of Filing of 2013 Tentative Budget on October 1, 2012
- Resolution to Schedule Public Hearings to Receive Comments on 2013 Preliminary Budget and Special Improvement District Charges, Including Hamlet Sewer and Sterling Mine Estates Drainage District
- Resolution to Schedule Annual Public Hearing on Woodlands Sewer Rates
- Resolution to Authorize Agreement to Perform Snow and Ice Control on Old Forge Road
- Resolution to Authorize Town Counsel to Defend Town in Tax Certiorari Proceedings
- Any other business as may come before the Board after this Agenda is posted
Public Comments
Budget Transfers
Vouchers
Adjournment
back to top
Agenda for Town Board Meeting Wednesday October 10, 2012
Call to Order
Pledge of Allegiance
- Review and Approval of Vouchers
- Executive Session Regarding Appeal being Prepared by Coyne Legal Group Challenging Court Decision & Order Dismissing Lawsuit brought against the Town by Tuxedo Land Trust, Thomas Wilson, Mary Graetzer, Robert McQuilkin, Peter Regna, Torne Valley Preservation Association and Patricia Wooters
Adjournment
back to top
Town Board Meeting September 24, 2012
The Town Board met on Monday, September 24, 2012 at 6:30 pm. Councilwoman Spivak was absent.
The Supervisor thanked everyone for accommodating the meeting’s time change and commented that the 7 pm school meeting was for parents of high school students, and 3 members of the Board have children who are Freshmen.
The meeting began with a moment of silence for Village resident André de Casteja and Town resident Katherine M. Derbyshire, both of whom passed away recently.
Town Supervisor/Town Board Update:
The Supervisor stated that in an attempt to keep the meeting short, he was limiting his update to the subject of the state of the water testing. He reported having spoken with Mr. Bowman (of Land Use Assoc.) that morning and stated that as of today, the water testing is complete and the tests are in the lab. Mr. Bowman expects to have results back either by the end of this week or early next week. After that the results are in, he will compile the data, crunch the numbers, and then make a presentation to the Town. The Supervisor does not have a date yet for the presentation.
John Kilduff inquired as to whether or not Mr. Bowman had provided the Supervisor with any preliminary results and was told no. Mr. Kilduff then wanted to know why Supervisor Dolan had made comments to the Times Herald Record for their story which appeared on Saturday, Sept 22.
The Supervisor replied that these remarks had been conjecture on his part.
Jake Matthews asked for a more specific clarification of where the water testing stood. The Supervisor replied that the sampling was done and that Mr. Bowman and Land Use Associates are waiting for analysis of the samples from a DEC approved lab. Mr. Matthews wondered if the results would be delivered at a public hearing of some sort. He was told that the results would come at a regular, public Town Board meeting.
Jim Hays inquired as to why the process had taken so long. The Supervisor responded that the testing had taken as long as it did because the Town wanted a “good report” as opposed to a “non good report.” He suggested that Mr. Hays should ask that same question to Mr. Bowman when he made his report.
Mike Squillini wanted to know if Mr. Bowman had tested any of the water samples that had been collected by people before he was hired.
Supervisor Dolan replied that he didn’t know.
Ulrich Pendl stated that he was in the room the night Mr. Bowman first appeared before the Board and that he had been “very very decisive” about the fact that by the end of August “everything would be taken care of.” He wondered what had happened? He also inquired as to how much money the Town has accrued in penalties with regard to the mulch pile.
Supevisor Dolan replied that the Town had been fined $66,000 and that $41,000 of those fines have been rescinded while $25,000 have been paid by Perfect Cut. Mr. Pendl wanted to know if the Supervisor was sure that the money had been paid and commented that he had asked a similar question of the Supervisor in the past and it turned out that while checks had been written by the Town, they had not been deposited. The Supervisor replied that he was positive the $25,000 fine had been paid.
John Kilduff stated that back when Sterling Forest was considering building a golf course off of Long Meadow Road, a baseline study of the water had been completed. He wondered if the Town had made any effort to locate that study and if it was being used for comparison by Mr. Bowman.
The Supervisor responded that he didn’t know for sure. He went on to say that what he did know was that he had been informed by the DEC about 2 weeks prior that there is a crack in the Superfund site on Route 17 and a leak into the Ramapo River which might be the cause of foam on the river. This apparently happened during Hurricane Irene and there are now roughly 35 people working there installing piping.
Rodger Friedman reported that the Scott Mine groundwater report from 2001 has indeed been discovered. It was found in the Tuxedo Park Library and it also exists in the Town’s files. This is the report that Mr. Kilduff was referring to. It was completed by the Sterling Forest Corporation when they were attempting to develop Sterling Forge which included plans for a golf course. Mr. Friedman distributed copies of the Executive Summary of this report to the Board. . He then stated that Mr. Dolan had been quoted in Saturday’s paper as saying that
the water from the mine shafts, which is oxygen depleted, might be feeding into the brook thus causing the fish kill and any other problems which might be found as a result of the new testing. The report however states that a dye tracer test had been completed and it concluded that there was no hydraulic communication between the mine shaft and the surrounding waterways. Although it is noted that there is depleted oxygen in that water, the report states that this was not seeping into the adjacent waterways. Mr. Friedman informed the Board that he had the entire file, in electronic form, and would be happy to share it with the Supervisor. Mr. Dolan thanked Mr. Friedman and suggested that he would like to share the file with Mr. Bowman.
Click here to read the Scott Mine Groundwater Report.
Mary Yrizarry pointed out that the report distributed by Mr. Friedman (which says there is no leakage and no interaction between the mine water and the adjacent waterways) had been completed before the mulch pile was moved to it’s present location at the Town Highway Department and that it shows that the entire waterway was pristine pre-mulch pile. The Supervisor said he would read through the report.
Changing the subject, Ulrich Pendl noted that he was sure that everyone had noticed that the Renaissance Faire was in full swing. He commented that the Faire is enormous and he wondered how much money the Town was receiving from them.
The Supervisor replied that the Renaissance Faire owns property and, as such pays taxes. In addition, they have a contract with the Town for police coverage.
Mr. Pendl wondered how much that contract amounted to and was told that it varies from year to year but averages about $15,000 annually which covers all the police expenses. Mr. Pendl then commented that the Faire makes approximately $5-$6 million in revenue and added, “you tell me you are not able to get more than $15,000 out of these people?”
Several members of the Board expressed their opinion that the Town couldn’t just take someone’s money just because they made a lot of it. Supervisor Dolan said, for example, Chase Bank makes a lot of money and he wondered if Mr. Pendl thought that the Town should be getting a payment from them.
Mr. Pendl replied that Chase wasn’t bringing 4000 cars over Town roads each weekend.
Police Chief Welsh explained that every minute that a police officer spends doing anything for the Renaissance Faire is billed back to the Faire. The $15,000 referenced by the Supervisor is only an average. Some years the amount is much greater than that. The Police Department keeps the records, the Town sends the Faire a bill and it is paid, on time every year.
Mr. Pendl thanked Chief Welsh for this answer, commenting that this was what he had been trying to find out.
Chief Welsh added that for the past 2 weekends, 70% of the increased traffic had not been for the Renaissance Faire, but for apple picking. The problem came when people got to the apple orchards, discovered the crop wasn’t as good as in years past and then came back to the Renaissance Faire instead. The Town was actually forced to close the Renaissance Faire three times over the last weekend due to overcrowding and/or weather.
Rodger Friedman stated that he wanted to publicly thank both the Police Department and the Town’s emergency services, who had helped him tremendously the week before when he was hit by a car.
Returning to the subject of Mr. Bowman and his report, Jake Matthews requested that the Supervisor ask Mr. Bowman to release an executive summary of his report in advance of the public meeting. Given the fact that few if any members of the pubic are scientists, Mr. Matthews feels it would be beneficial for people to have a chance to review the results and do some research so that they can ask intelligent questions of Mr. Bowman. He also inquired whether Mr. Bowman could bring some sort of PowerPoint presentation so that people wouldn’t just be following along with a lot of figures that could be confusing.
Supervisor Dolan responded that he would try to get the report out to the Public as soon as he could although he couldn’t make any promises. He added that the report would be made by Mr. Bowman Senior and not his son, who was present at a Town Board meeting last spring.
Mike Squillini commented that he had read in the paper that the Town had received $700,000 in FEMA funds. He wondered how much of that sum was spent in the East Village.
Supervisor Dolan explained that the FEMA money came as a reimbursement for things like washed out bridges and roadwork. The Town had 4 washed out bridges, which were located in various spots all over Town.
Mr. Squillini then wanted to know if the Town knew when the Thruway replacement bridge project would be completed
Councilman Phelps responded that he was in touch with them every couple of weeks but he did not have any estimate for project completion. . He commented “When it ‘s done, it’s done.”
Councilman Matthews reported on a meeting he and Councilman Phelps had with Orange & Rockland with regard to their pole replacement project. Approximately 2300 yards of fill will be brought in for the project (brought in where?). The poles will be anchored in preformed concrete with quarry material filling in. There are 19 poles in all, but not all of them are in Tuxedo. The Only those poles that were washed out in Hurricane Irene will be replaced. adding anything.
EJ Matthews commented that it appeared to him as though the Thruway Authority had stopped working on the underpass. If there is not going to be any more work done until the Spring, Mr. Matthews wondered if the Thruway Authority might move the barriers just a little to each side so that two vehicles could use the road at the same time.
Councilman Phelps agreed to ask if this would be possible
Rodger Friedman asked for a clarification of the most recent DEC fines.
Supervisor Dolan stated that the Town had been fined a total of $66,000. Of this amount, they had agreed to pay $25,000 and this in turn was paid by Perfect Cut. $41,000 has never been paid and the DEC is not asking that the Town pay it. The fine has been suspended.
Jake Matthews wondered whether the fine had been suspended indefinitely
Town Attorney Nichol admitted that the DEC may decide to put it back on the table, but said that if they did, the Town would fight it. Mr. Matthews then commented that “rescinded” as stated by the Supervisor earlier in the meeting, was probably not the right term for the $41,000 in that case, and was told no, the term was “suspended”
Jim Hays observed that it had been his understanding that the DEC had asked for the $41,000 to be paid this past Spring.
The Supervisor admitted that this was true, but said that the Town was in talks with the DEC about it. He added that it appeared that the DEC had lost their lead attorney for the project and so the talks are stalled at the moment. He explained that when the DEC levies a fine, they usually set a large figure and then that sum is negotiated down in an attempt to give a municipality a chance to come into compliance. The Supervisor has requested that the DEC provide a full time inspector on site at the mulch facility. The cost for that inspector would be paid by Perfect Cut. This would be in lieu of a fine.
Councilman Matthews commented having an inspector who is being paid by people he is being asked to inspect didn’t make much sense to him.
Town Attorney Nichol explained that the money would be paid to the DEC who would in turn pay the inspector.
EJ Matthews asked for an update on The Watchtower project.
He was told that the applicant was presently in front of the Planning Board.
Sue Scher asked for an update on the size of the mulch pile. It was her understanding that the pile was to be reduced by 20% and then a further 20% of the remaining pile. While the pile looks a little shorter to her, it also looks wider so she’s not sure if it has actually been reduced.
The Supervisor replied that the #1 provider of material to be mulched, City Carting, is no longer allowed to go in to the facility. When asked why not, the Supervisor explained that because Perfect Cut is trying to reduce the size of the pile they are no longer bringing in anything that is to be made into mulch.
Mike Squillini stated that while this might be so, the dirt pile is getting bigger.
The Supervisor replied that the dirt was not the issue.
Ulrich Pendl stated that he had gone to the Renaissance Faire and had been directed to park at 21 Benjamin Meadow Rd.. This is the Supervisor’s property which he leases to the Town. The parking cost $5 and Mr. Pendl asked for a parking receipt which he did not receive. He wondered who was paying insurance to cover potential damage to any vehicles while parked there. He also wondered if the Town was getting the $5 per car collected for parking since they are the tenant at the property.
Town Attorney Nichol explained that the Town only leased part of the property and, while they have the right to some parking at the facility, they don’t control all of it. The Town has insurance to cover their activities on the property. Otherwise any damage that might occur would be covered by whoever causes that damage.
Mr. Pendl then asked what percentage of the property was leased by the Town and was told it was about 1/3 of the property. Mr. Pendl stated that he had seen the lease and that the Town leases 3000 square feet which he believes is close to 90% of the property. Reading from the lease, he stated that the renter was entitled to parking spaces. He wondered again where the money collected for parking was going since the Town had “guys there collecting money.”
Supervisor Dolan stated that the Town did not have anyone there. Instead, he had gotten some college kids to park cars and told them they could keep the money they collected.
Resolutions:
The following resolutions were passed:
-
A Resolution approving an increase of hours of Part-Time Clerk Typist Rachel Artrip to allow her to take up FOIL response duties as needed. It was agreed that her hours would be tracked and reported to the Board and that this will be revisited in two months.
-
A Resolution to Authorize Agreement to perform snow and ice control on County roads. This is an annual agreement and pertains to Long Meadow and Sterling Mine Roads.
-
A Resolution to Authorize Agreement and Special Permit for Operation of the Forest of Fear for the 2012 season
-
A Reminder that Family Fun Day will be held at Murphy Field on Saturday, October 13, 2012
Jake Matthews inquired about fire control at the Mulch Pile and specifically what provisions had been made with the change in the operations at the facility.
The Supervisor replied that Perfect Cut was no longer pumping water on the piles because there is no need to do. He further explained that the facility has a new, complete containment system which prevents any water from leaving the site. Basically, they have built an in-ground pool with a pumping station inside of it. The DEC recommended that they do this.
Mr. Matthews wondered if the Fire District had inspected the system in order to ascertain that should a fire break out there would be enough water to put it out.
Supervisor Dolan replied that should there be an emergency, water would be obtained from the mine shaft.
Mike Squillini wondered if the Town had been working with any other Towns to the to remove the trees from the Ramapo River.
The Supervisor responded that neither Tuxedo nor any other Town had any money for tree removal.
Rodger Friedman asked if the new containment system at the Mulch facility was restricted to containing the water that seeps down the side of the pile and if so what was happening to the water that seeps down through the middle of the pile.
It was agreed that the Supervisor would ask the Town Engineer to be present at a future meeting to answer these questions.
back to top
Agenda for Town Board Meeting September 24, 2012
Call to Order
Pledge of Allegiance
Moment of Silence and Reflection to Honor Memories of Andre de Casteja and Katherine M. Derbyshire
Minutes
Monthly Reports
Public Comments on Agenda Items
- Town Supervisor/Town Board Update
- Notification of Postponement of Public Hearing Regarding Local Law Entitled “Best Value Competitive Bidding” until next full Town Board Meeting in October
- Resolution to Approve Increase of Hours of Part-Time Clerk Typist for FOIL Response Duties
- Resolution to Authorize Agreement to Perform Snow and Ice Control on County Roads
- Resolution to Authorize Agreement and Special Permit for Operation of Forest of Fear® for 2012 Season
- Reminder of Family Fun Day at Murphy Field on Saturday, October 13, 2012
- Any other business as may come before the Board after this Agenda is posted
Public Comments
Budget Transfers
Vouchers
Adjournment
back to top
Agenda for Town Board Voucher Meeting September 10, 2012
Call to Order
Pledge of Allegiance
- Review and Approval of Vouchers
Adjournment
back to top
Town Board Meeting August 27 2012
The Town Board met on Monday, August 27, 2012 at 7:30 pm. All members were present.
The meeting began with a moment of silence for Oliver Parker, Tuxedo Park resident and former Village Trustee who died recently.
Town Supervisor/Town Board Update:
Supervisor Dolan announced that he was in receipt of a letter from the DEC stating that they were giving approval for Orange and Rockland to bring in 2302 cubic yards of fill for the purpose of stabilizing existing utility poles located in the Ramapo River and/or a freshwater wetlands. Town Resident and O&R Employee, Frank Peverly, confirmed that these were all existing poles which are in need of stabilization. The Town has until September 16 to comment, and Councilmen Phelps and Matthews will follow up by having a conversation with Mike Grant of Orange & Rockland.
The Supervisor also received a letter from Orange & Rockland stating that it was their policy to replace up to 2% of a municipality’s streetlights at no cost to the municipality. Councilmen Phelps and Matthews will also discuss this with Mike Grant. Orange & Rockland is not recommending a change to LED lights for the Town.
The Board will be signing an agreement with the Town’s Mediator authorizing him to meet with the Arbitrator for the PBA. Supervisor Dolan hopes the Town will have an agreement with the PBA within 45 days.
With regard to the on-going bridge project in the East Village, Councilman Phelps reported that paving has begun on the southbound side of the bridge and should be completed by Wednesday or Thursday. The Councilman spoke with someone at the Thruway Authority and said they are working on getting temporary lighting underneath the bridge so that pedestrians can see. He also reported that if the Town were to send a letter to the Thruway Authority, there is a likelihood that they can turn the work ramp on the southbound side of the bridge into another emergency exit. Councilman Phelps believes that this would be a good thing.
East Village resident Mike Squillini suggested that the Board should think about this as it is his opinion that putting an exit ramp there would form a funnel for water into the river. Supervisor Dolan commented that he would be speaking with the fire companies to get their opinion as to whether the Town needs another emergency access out of the East Village. Since this exit would be on the South-bound part of the Thruway, it would eliminate the need to drive all the way to Monroe/Woodbury to turn around when making an emergency exit from the East Village.
Councilman Matthews mentioned that there had been an accident on the Thruway over the past weekend and he observed that when the Emergency responders enter the Thruway through the Emergency Gate in the East Village, they frequently don’t lock the gate behind them. Therefore, when the traffic backs up from an accident, motorists often come through the Emergency Gate in an attempt to circumvent the traffic jam. Because these people are not residents, they don’t understand that there are a lot of children playing around and about the East Village and thus drive faster than they should. Councilman Matthews feels this is a dangerous situation. He wonders what can be done to ensure that the Firemen, Ambulance and Police lock the gate. Police Chief Welsh responded that if someone in the East Village called the Police Department, an officer would be sent to close the gate as soon as possible. All of the Town’s police vehicles are equipped with a key to this gate.
Alternatively, he suggested drafting a letter to all Fire Departments as well as the Ambulance Corps asking them to be more vigilant about closing the gate.
Councilman Matthews also reported having spoken to Jeff Hutchinson at PIPC with regard to marking the signs leading to hiking trails for hikers coming off busses and trains. Some of the signs are now more apparent since more mowing has been done. Mr. Hutchinson said he would look into it and Councilman Matthews will follow up.
Resolutions:
The following resolutions were passed:
- A resolution to introduce a Local Law entitled “Best Value Competitive Bidding.” - Town Attorney Nichol explained that the State Legislature has recently recognized that “lowest competitive bidder,” doesn’t always work best for municipalities so this would allow the Town to set other criterion for bids. A public hearing will be held on September 24th.
- A resolution to appoint Rachel Artrip as Part-Time Clerk Typist. She will be working for the Highway and Building Departments and will work a maximum of 10 hours a week at $12 an hour.
- A resolution to appoint James Jospe to the Planning Board. Mr. Jospe was recommended by Councilman Phelps and interviewed at the last voucher meeting. He will serve out the unexpired term of Susan Goodfellow which is up on 12/31/12. There is one seat still open on the Board
- A resolution to appoint Thomas Darling as a member of the Zoning Board of Appeals. He will serve out the unexpired term of Sudhir Desai who has moved out of Town. The term will expire on 12/31/12. This was passed by a 4-1 vote with Councilman Matthews voting no.
Other Business:
The Town has received an application from Planet Aid to install a clothing bin at Take A Break. The Supervisor stated that he is against granting this request for two main reasons. First, there is already a clothing bin at the Fire Department. Second, in the past, the Town has had trouble with clothing bins because the companies to whom they belong do not always empty them on a regular basis and the clothing piles up. Police Chief Welsh commented that he had read a story in that day’s New York Post which stated that Planet Aid does not have the proper 501c 3 designations. The Board decided not to grant the request.
Public Comments:
Mike Squillini remarked that he had recently been to Alexander’s Pond and expressed confusion because he thought he had that heard the Town would be dredging it at a meeting. He was told that it was the Fire Pond in Table Rock that is being worked on. Mr. Squillini then inquired as to how a job such as this was bid. Supervisor Dolan responded that since it was a “firematic” problem, it wasn’t bid because the work needed to be done as soon as possible. Rather, the Town is collecting quotes instead of bids. So far, the rental of the machinery has cost about $4200, including transportation.
Janet Galuska voiced her concern with the conditions behind the Tuxedo Square building. She reported that white plastic bags filled with garbage had been left on the platform as well as old equipment from the building. She believes it is an eyesore and feels that the proprietors of the businesses in the building should be required to put their garbage into dumpsters. Additionally, if they have a piece of equipment to be replaced, they should pay for the removal of the old equipment just as residents have to pay if they replace their appliances. She is also very concerned about the parking in the back of the building. She feels that the lines for parking on the sides of the building should be redrawn and that the “loading zone” in back should be enforced. Presently, trucks park there for a much longer time than is needed for a delivery and she believes that sometimes they park there because it is easier for them. This is dangerous for the people coming down from Nursery Road as well as for cars trying to pass the trucks. Emergency vehicles such as a fire truck would not be able to get through if they had to. It was agreed that Police Chief Welsh would look into this.
Finally, Mrs. Galuska mentioned that she had noticed that on the Town signs driving into Town from the North, on one side the date is 1889 and on the other side, it says 1890. She was told that the Town is aware of this.
Mike Squillini commented that SOS has installed a berm around their property and has filled in way higher than before.
He was told that the work was being done under DEC regulation and that the berms are a secondary containment for the oil. Town Clerk Laurent remarked that if the DEC was already coming out to inspect the stabilization of the utility poles for O&R, they might ask them to look at the berm at that time. It was agreed that they would be asked to do so. Mr. Squillini also reported that SOS has filled in the river north of the walking bridge and south of the SOS property and that this has raised the level of the river. Town Attorney Nichol confirmed that no one is allowed to fill in a river without a DEC permit and if this has been done without a permit, they will need to go to the DEC.
Jake Matthews commented that he had submitted a letter to the Town Clerk and asked that it be distributed to the Board as well as made a part of the minutes of the meeting. He inquired if the Supervisor had seen the letter and was told that he had not.. The Clerk stated that she had sent the letter via email to the Board members. The Supervisor asked whether Mr. Matthews would like to have the letter be a part of the next meeting’s record. Mr. Matthews responded that he would like to read the letter into the record and have it be a part of this meeting’s record. The Supervisor inquired what the letter was about and Mr. Matthews replied that it concerned the Watchtower and their application for modular housing. He was told that these concerns should be presented to the Planning Board. Mr. Matthews responded that he would be sending his comments to the Planning Board as well and asked again if he could read the letter into the record. He then proceeded to read his letter, which calls for the Town to consider the following points before any approvals are given for modular housing on the Watchtower property:
1-No more than 500 people may be housed on the property at any time.
2-Draft and Final EIS studies must be conducted with regard to traffic and water runoff as well as impacts to the neighbors. All Draft and Final studies should be available to the public on the Town website.
3-A public hearing on the housing should be held.
4-The look of the modular housing should be reviewed by the Board of Architectural Review prior to breaking ground on any installation.
5-The removal of Modular housing units once construction on the Warwick property has ended should be a condition to the approval
6-A strict timeline for modular construction must be adhered to.
7-A strict time limit must be imposed as to the amount of time housing is allowed to sit on the property. (Not longer than 5 years).
8-A strict timeline under which the housing must be removed completely from the property must be adhered to.
9-The property as a whole must be returned to non-dormitory use and other housing use under the Town Zoning Code after the time limit has expired.
Mike Squillini inquired as to whether the Town had received any results from the testing being done by William Bowman of Land Use Ecological Studies. Supevisor Dolan replied that he expected some results “sometime maybe in September.” Mr. Squillini responded that it seemed like every month, the projected time frame for a report was pushed back into the next month.
The Supervisor responded that LUES was doing their testing and when they were finished, the Town would get results. Several people in the audience recalled being told that there would be results by August. Supervisor Dolan said that Mr. Bowman would be finishing his testing “sometime in the middle of September” and that he would write his report “sometime after that.” The Supervisor further stated that he did not have contact with Mr. Bowman and had notasked him any questions as he was conducting his report independently.
EJ Matthews wondered who had been in contact with Mr. Bowman from the Town. Mr. Matthews stated that if the testing was finished in September and then the report didn’t appear until October, it would have been 6 months since the fish kill. He feels that somebody should call Mr. Bowman and find out what’s happening. The Supervisor responded he had called him for an update. Several audience members expressed confusion since the Supervisor had just remarked that he didn’t have any contact with Mr. Bowman.
The Supervisor then announced the 40th Anniversary of the Eagle Valley Fire Department which will be celebrated at an Open House held at the Firehouse on Friday, August 31from 6-10:30 pm.
Patrick Bourke stated that he felt it would be beneficial to the Town if the Supervisor would contact Mr. Bowman and ask that when he completes his study, he should give the Town notification of when they could expect to receive his submittal. He should then be asked to give a formal presentation of his findings at a public meeting and the Supervisor should notify the community as to when this would be taking place.
The Supervisor agreed that he would call Mr. Bowman the next day to ask for a firmer date by which the Town can expect his results.
back to top
Agenda for Town Board Meeting August 27, 2012
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 “Best Value Competitive Bidding” and Schedule Public Hearing
-
Resolution to Appoint Rachel Artrip as Part-Time Clerk Typist
-
Resolution to Appoint James Jospe as Planning Board Member
-
Resolution to Appoint Thomas Darling as Zoning Board of Appeals Member
- Any other business as may come before the Board after this Agenda is posted
Public Comments
Budget Transfers
Vouchers
Adjournment
back to top
Agenda for Town Board Voucher Meeting August 15, 2012
Call to Order
Pledge of Allegiance
-
Executive Session for the Purpose of:
(a) Discussing Police Collective Bargaining Agreement
(b) Conducting Interviews for Open Planning Board Member Positions
-
Review and approval of vouchers
-
Other business
Adjournment
back to top
Town Board meeting July 23 2012
The Town Board met on Monday, July 23, 2012 at 7:30 pm. All members were present.
The meeting began with a moment of silence for area residents Daniel K. Jones, Anthony “Muzzy” Mottola, Forrest Kirk Lewis, Inez Lenti and Noel Florence Jablonski all of whom passed away recently.
Public Comments on Agenda Items:
Andy Berish asked why there was no mention on the agenda of the 3 Planning Board members who recently resigned. He was told that this would be discussed later in the meeting under “Other Business.”
Although not on the agenda, the Supervisor asked for a report on the new garbage collection and specifically the new trashcans from representatives of Interstate Waste who were present. They reported that they had roughly 6 cans left to deliver and that everyone else who had requested smaller sized cans had already received them. Many residents have requested smaller cans. The original cans that were distributed were 96-gallon cans. The next size down is 64 gallons and the size below that, which some residents are now requesting, is 32 gallons. Donald Blum commented that he had noticed the trucks seemed to be having some difficulty picking up the 32-gallon cans and asked if this was so. He was told that because the collection trucks are made to interact with the 64 and 96-gallon size cans, they are having some difficulty picking up the 32-gallon size but they are managing. The Supervisor inquired about the process for bulk pick-up and was informed that residents should call them in to Interstate Waste. Because many residents are not yet used to this procedure, for the time being, the drivers are taking note when bulk pickup items are left at the curb and then coming back the next day to pick them up. The company hopes residents will soon get used to the new procedures. One resident inquired about recycling, and specifically which size can should be used. They were informed that the 32-gallon cans all say recycling on them, but the company is putting new labels on the ones meant to be used for garbage.
Supervisor/Town Board Update:
Supervisor Dolan announced that the developer of Juniper Terrace, located on Route 72, has authorized a landscaping company to start the project. They have already put in approximately 25 trees on one side of the development and will be working on the other side of the mountain in another month and a half when it isn’t quite so hot.
The LDC has agreed to redo the bus station on Route 17. A clock will be installed there as well. Click here to see drawings of the new bus station. Construction will probably start in late August and shouldn’t take more than 60 days.
The Town is in the process of renegotiating the cable agreement with Cablevision and Supervisor Dolan will be meeting with them in 2 weeks.
Additionally, The Supervisor reported that the Town will likely be changing insurance providers and he will be meeting with a representative of the new company in 2 weeks.
In 3 weeks, the Board will be having a meeting with attorney Howard Protter to go over the final wording of the agreement for the Waste Water Treatment Plant that will be built.
The Dog Park is operational and open although there are still some minor modifications to be made. The walking track is also operational. Supervisor Dolan anticipates announcing these new recreational facilities via either a letter or an announcement on the Town website in about 3 weeks.
Resolution of Determination in Rate Petition filed by United Water South County Sewer, Inc.:
Following a joint public hearing held with the Town of Warwick on July 2, the Board approved United Water’s proposed increase. Supervisor Dolan announced that he had negotiated a $30,000 reduction from the original proposed increase. Additionally, the Town is requesting that United Water provides them with annual reports detailing any future work done on the system
Resolution to Determine Validity of Petitions for Proposition to Increase Budgetary Allocation for the Tuxedo Park Library to be Included on the November 6, 2012 Ballot:
Library Board Member Dan Gladding, was present to answer any questions about this resolution. Since this is a yearly occurrence, the Board didn’t have any questions and the resolution was passed unanimously thus placing the Library’s budget on the ballot in November. Mr. Gladding then introduced Diane Loomis, newly appointed Director but longtime employee of the Library, to the Board.
Resolutions:
The following resolutions were also passed:
- A acknowledgement of the resignation of Police Dispatcher Sheila Briggs who will be pursuing a Law Enforcement career
- A Resolution appointing Daniel P. Jones, Jr. as Part-Time Police Dispatcher
Other Business:
Acknowledgment of Resignation of Planning Board Members:
Supervisor Dolan announced that Planning Board member Bob Thompson had formally resigned about 2 weeks before due to the fact that his wife was taking a job overseas. The Supervisor mentioned that the Board had asked Mr. Thompson to be the Chairman of the Planning Board when former Chair Nils Gerling retired, but he turned that position down because he didn’t think he’d be able to keep the job due to his wife’s foreign employment. Due to some differences as to whether the Board’s assigned counsel was “good or not good,” Susan Goodfellow and Mary Hansen resigned when the Board voted 3-2 to keep present counsel. Since Linda Phelps had recently been appointed the Alternate Member of the Planning Board, she will be stepping up to fulfill a term expiring 12/31/15 effective immediately. The Board is now looking for more Planning Board members. The Supervisor announced he was in receipt of one formal application and additionally a resident of the East Village has expressed interest although they haven’t submitted a formal application yet. The Board will try to get these two applicants in for interviews soon.
Public Comments:
Andy Berish asked about a Town Swimming Pool. He remarked that at a previous meeting, the Supervisor had mentioned that the Town was interested in a property in the center of Town. He wondered what that property was.
The Supervisor responded that he still wasn’t at liberty to divulge this information but that he was meeting with the property owner the following Wednesday and he hoped he could say more after that.
EJ Matthews asked if the decision to build a Town Pool would be something that was voted on by Town residents. The Supervisor responded that the Town Board would make the decision. He further commented that he personally wanted to see a Town Pool. He feels that most other Towns in the area have one and that it is the probably the thing he gets asked about the most.
Mr. Matthews wondered how it would be funded. The Supervisor replied that it would probably be handled the same way it is in Sloatsburg where residents pay a yearly fee to join the Town Pool. All residents would be eligible to join. He also said there might be some financing available for the project although he couldn’t say too much about it. The first step will be to acquire the property. Mr. Matthews urged the Board to ask for the input of the community before going ahead with the Pool. He said he wasn’t sure people in Town understood the extent of the ongoing costs such as insurance and maintenance. Councilman Phelps stated that these were things that would be looked at when the time came to actually build a pool. He didn’t think it made any sense to investigate them before that time. The Supervisor added that he had met with some pool companies and been told that a Town of Tuxedo’s size should be looking at a 60’ X 40’ pool which would mean approximately a $250,000 investment.
Mr. Matthews commented that the Board should be sure to do the due diligence on the project and the Supervisor assured him that he would.
The Supervisor announced that George F. Baker High School had been named as one of the Best High Schools in America and said he was very proud of that.
Rodger Friedman noted that at the end of the June 18 meeting, the Supervisor had stated that there was going to be a meeting with the DEC regarding the mulch pile the following day. He asked for an update on what happened at that meeting. He also asked if the Supervisor had had any further contact with Will Bowman of Land Use. The Supervisor reported that he had spoken with Mr. Bowman about 2 weeks before and that he should have some test results by the end of September. The Supervisor and Councilman Phelps had a meeting with the DEC on June 19 and that The Town will be submitting additional information to them by July 31, and then the DEC will get back to the Town about “what they should do.” Councilman Kristian Matthews commented that he wanted it on record that he had asked to attend this meeting but had been told he could not. This was because the law dictates that a meeting including more than 2 members of the Town Board must be considered an official Town Board Meeting and is therefore open to the public. Mary Graetzer inquired as to what kind of plans the Town was submitting to the DEC. She was told that the plans were for the physical layout of the site and containment field. The Town expects the DEC to follow up and let them know if the containment field is up to their satisfaction. Councilman Phelps added that the DEC had been very pleased that the Town had been so proactive about the site. He added that the meeting had lasted for 3 hours and that the DEC had told them they never gave that amount of time to anyone. The Supervisor said that it had been determined that the mineshafts have no oxidation in them at all. Mr. Bowman has preliminarily said that the mineshafts don’t have any oxygen and that the bogs don’t have any oxygen and he’s not sure they ever had any oxygen to begin with.
Ulrich Pendl stated that he was surprised at the resignation of former Planning Board members Susan Goodfellow and Mary Hansen. He understood that the Town had taken away the Planning Board’s independent counsel and replaced it with Jacobowitz & Gubits and that this was the basis for the resignation, not a disagreement over which counsel was better. The Supervisor replied that the Planning Board’s previous counsel had “not been doing the job properly. He had issues with his mental capacity. He was falling asleep at meetings.” Mary Graetzer asked if the Supervisor had witnessed this and he responded that he had. He further commented that he had spoken to former Planning Board Chairman Nils Gerling about the problem about a year ago and that he had agreed that council was not doing his job properly. “Nils and I sat down and decided that it would be a good idea to get rid of the counsel that we had. We had no issues with the previous counsel, he’d done a good job for a long period of time, but he is Senior and we decided to use someone different.” The Supervisor continued on to say that the Board had discussed the issue and in light of the fact that that the Related Companies would be coming in front of the Planning Board, they thought that Alyse McCathern who had been on the Town Board when the initial Special Permit was granted (and now works for J&G) would be the perfect candidate because she has knowledge of the Related Companies. He stated that it had always been the Town Board’s position to hire the attorneys for all of the Boards. He recounted that when he had been the Zoning Board Chairman, the Town Board had issues with their attorney and hired a different attorney without consulting him. He accepted the new attorney and moved on. Now the Town Board has hired Alyse. He stated “there is no issue with it and Nils agreed with it.” One member of the Planning Board had been very upset because she did not believe that J&G should be representing the Town in two different areas. However, The Supervisor feels that it is beneficial to have the Planning Board attorney in the same firm. Councilman Phelps interjected that the Village of Tuxedo Park also utilizes the same attorney for all of their Boards, “so obviously they agree.” Mr. Pendl then asked if Mrs. Phelps, the Planning Board alternate, was related to Councilman Phelps and was told yes, she is his wife.
Moving on to another subject, Mr. Pendl commented that he had heard that the Supervisor had stated that the Town has made “way over $1 million from the mulch pile.” He has also heard that Supervisor Dolan said that the Town made $200,000-$300,000 per year from Perfect Cut.” He wondered if this was correct.
The Supervisor stated that since the Town has had the mulching facility, they have made over $1 million. Mr. Pendl disagreed. He said he had FOILED the figures from the Supervisor’s office and sees that from 2006 when the mulch facility started until the present, the Town had made an average of $117,000 per year which adds up to approximately $700,000. Mr. Pendl also stated that the Town is in violation of the lease agreement. He pointed out that the accounting is done by the Operator and not by the Town and that it appears that the Operator pays whenever he wants to pay. Mr. Pendl also noted that the Town (and thus the taxpayers) had paid Jacobowitz & Gubits $12,600 for lease administration on this project. He wondered why this was necessary.
Jake Matthews stated that he had recently attended his first Planning Board meeting and hadn’t known if he was allowed to ask questions there or not so he hadn’t done so. He has some questions about the Watchtower facility and their proposed “temporary housing.” He wants to know if there are guarantees that this housing would be taken down after five years and he wondered if he should ask this question of the Planning Board or someone else. Supervisor Dolan acknowledged that the Planning Board does not have the same kind of public comment period that the Town Board does, but said he felt if Mr. Matthews went to a Planning Board meeting, he would be allowed to ask that question. He further stated that there were a lot of questions when dealing with a religious use organization. ”The big debate is do they have a right to put up a housing facility. It has been somewhat determined that just like missionaries can go to a place and put a housing operation up to build a facility, the Jehovah’s Witnesses have the same ability to do so.” He added that if approval was granted, they would need to determine whether the facility would be taken down or would become some kind of hotel facility that would go back on the Town’s tax rolls. Nevertheless, this is a Planning Board decision.
Mr. Matthews replied that he now understood he should ask his question of the Planning Board. Attorney Protter stated that at some point, there would be a public hearing and it’s at that point when public comments would be taken.
Mr. Matthews commented that to him, the temporary part of the housing was a very big deal and he urged the Town Board, with whatever influence they might have, to try to make sure that it was temporary only.
With regard to signage in Town, Mr. Matthews stated that he felt some of it was sloppy and looks “carnival like.” An example of this is at the IGA. He commented that while he is not against businesses promoting themselves, it seems as though when distributors come to make deliveries to the IGA they walk out to the parking lot and put up whatever signage they want. It is Mr. Matthews’ opinion that this doesn’t look good.
The Supervisor replied that the Building Inspector enforced this part of the code and if Mr. Matthews feels there is a code violation, he should call the Building Inspector.
Moving on Mr. Matthews then wanted to know where the dirt at the Perfect Cut facility comes from. Supervisor Dolan responded that most of it comes from their own operation and that when they do a clear cutting of a facility, if there is dirt there, they take it with them. For example, the Rockland Boulders facility was taken care of by Perfect Cut and they took something like 3000 yards of dirt out of there. Mr. Matthews wondered whether the Town was compensated for having this dirt on the premises and he was told yes, that was part of the deal. The Supervisor did add, however, that if the Town decides to keep Perfect Cut, they would have to renegotiate the lease and they would probably be doing things much differently. Mr. Matthews asked if there were any limits to the amount of soil that the facility can take in as it looks to him like the dirt pile is growing. The Supervisor repeated that when they renegotiate the lease, this would be addressed.
Mr. Matthews’ final question had to do with Mr. Bowman’s testing. Since the Supervisor had stated that residents could ask to have certain things added to the testing, he wanted to make sure that arsenic, chromium and copper were added to the list of things being tested for.
Supervisor Dolan replied that he was pretty sure they had already been included. Since they are following the Village’s testing protocol, they have a pretty comprehensive testing and have sent it out to an independent lab.
Dan Gladding interjected that he’d read the Village’s report and hadn’t seen chromium, copper or arsenic listed.
Suzanne Papke asked why Perfect Cut was using the Town’s gas pumps? The Supervisor replied that they were not. Mrs. Papke wanted to know why the facility was reimbursing the Town for gas if that was the case. The Supervisor explained that Perfect Cut had, at the Town’s request, helped the Village clean out the racetrack property and the only compensation they had all they had asked for was to be reimbursed for gas. There is one central pump. Perfect Cut reimbursed the Town, which was then reimbursed by the Village.
Mrs. Papke then wanted to know what was happening on Salierno Rd. Supervisor Dolan replied they were mucking out a pond because it was a fire hazard.
Rodger Friedman commented that it looked to him as though the pillars in front of the Perfect Cut facility were being wired for lighting. He requested that, if this is so, the Town make sure they shield the lighting and make It face downward so that it will conform with Warwick Town Code which considers Sterling Forest a light preservation area.
Mike Squillini wondered if anything could be done at the SOS facility. It appears that they have put a moat around their facility and this is choking the river. He stated that he had talked to Building Inspector Maikisch about it but hadn’t heard back from him. Mr. Maikisch replied he was looking for the original site plan to see if the moat had been added after the flood and that he hadn’t finished looking into it. Mr. Squillini then commented that work was being done under the bridge in the East Village but there is a need for lighting and a temporary walkway there, as people can’t walk through the bridge safely the way it is now.
The Supervisor suggested that Councilman Matthews should call the people doing the work, but Councilman Matthews interjected that they wouldn’t return his calls. He commented that he is frequently seeing hikers in and around Town who have no idea where they are going. Further more, the installation of this signage might bring more people to Tuxedo in order to make use of the trails. It was agreed that PIPC would be responsible for such signage and Councilman Matthews was asked to call Jeff Hutchinson.
The final question was from Jake Matthews who asked about the status of the DEC fines. He was told that the Town had responded with information to the DEC and was waiting to hear about the fines after all the information had been submitted and approved.
back to top
Agenda for Town Board meeting July 23 2012
Call to Order
Pledge of Allegiance
Period of Silence and Reflection to Honor Memories of
Daniel P. Jones, Anthony “Muzzy” Mottola, Forrest Lewis and Inez Lenti
Minutes
Monthly Reports
Public Comments on Agenda Items
- Town Supervisor/Town Board Update
- Resolution of Determination in Rate Petition filed by United Water South County Sewer, Inc.
- Resolution to Determine Validity of Petitions for Proposition to Increase Budgetary Allocation for the Tuxedo Park Library to be Included on the November 6, 2012 Ballot
- Acknowledgment of Resignation of Dispatcher Sheila Briggs to Pursue Law Enforcement Career
- Resolution to Appoint Daniel P. Jones, Jr. as Part-Time Police Dispatcher
- Any other business as may come before the Board after this Agenda is posted
Public Comments
Budget Transfers
Vouchers
Adjournment
back to top
Agenda for Town Board Voucher Meeting July 9, 2012
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
back to top
Town Board Report June 18, 2012
The Town Board met on Monday, June 18, 2012 at 7:30 pm. All members were present.
Supervisor/Town Board Update:
The Supervisor reported that the Board had a fruitful meeting with the PBA. A conference call with their negotiator had been scheduled for after the meeting and Supervisor Dolan was hopeful there would be a settlement.
The Town may be changing their healthcare insurance as it looks as though they might be able to drastically reduce the costs from roughly $23,000 per employee to $11,000 per employee.
On July 2, the Town will be hosting a rate case meeting with United Water who will be presenting their case for the sewer rate increase. This meeting will be held at the American Legion Hall in Southfields.
On Wednesday, June 20 at 8:30 am, Town Planner Bonnie Franson will hold a workshop meeting with the Town Board regarding proposed changes to the Town’s Master Plan.
The Supervisor had hoped to announce a meeting regarding the new Wastewater Treatment Plant. The Board has been negotiating plans for this with The Related Companies, but there are still some SEQR issues to work out, so the announcement will be tabled until they receive some better counsel. There will be a “very comprehensive change” in the way the Town charges for sewer rates in the East Village as well as in the potential development on the Related Companies property.
The Town put out a bid for garbage contractors and received a bid from a new company that would reduce the rate from approximately $33 per household per month to $16.50 per household per month. The new hauler will provide everyone in the Town with new garbage cans and recycling cans. Collection will take place on the same schedule currently observed using trucks that are specially fitted to pick up the cans with clamps, thus eliminating one employee per truck.
Recycling such as glass, plastic, metal and paper can be co-mingled in one can.
A letter from Supervisor Dolan detailing all of this will be going out within the next week.
The Town of Sloatsburg has approached Tuxedo about the possibility of sharing the services of Building Inspector, Dave Maikisch. Tuxedo is still waiting to hear the particulars of Sloatsburg’s proposal.
Commendation of 2012 Police Officer of the Year:
This was awarded jointly to Sgt. Anthony D’Elia and Police Officer William Hall. On October 25, 2011, the two officers responded to a medical emergency call from a female caller who could not state the full numeric of her address. Sgt. D’Elia cut the screen and gained entry to the only apartment with a light on it where he found the caller semi-conscious and unresponsive on the living room floor. The two officers then administered oxygen and when EMS arrived, the caller was transported with advanced life support to Good Samaritan Hospital where she eventually made a full recovery.
Supervisor Dolan also read a note of thanks sent to Animal Control Officer Tom Murphy who assisted in the trapping of a baby fox in a storm water drain and subsequently delivering the fox to the Warwick Humane Society.
The Supervisor attended an emergency management meeting at Orange & Rockland chaired by Frank Peverly. The power company is revamping their Emergency Response system and instituting new communication and computer systems. Henceforth the Town will be able to identify individual houses which have lost power when calling in to make a report.
Resolutions:
The following resolutions were passed:
- A Resolution to appoint Louis DeBrino, Jr. as a Highway Summer Laborer and Christopher McGrady as part-time Summer worker and Joseph Dunko, from Highway Motor Equipment Operator to Mechanic.
- A Resolution to authorize the posting of open Planning Board Alternate Member positions (up to 3)
- A Resolution to approve updated Standard Work Day reports for Retirement System (required by the State of New York)
- A Resolution to approve the form of petition of Proposition to raise Library taxes
- A Resolution to grant a special use permit for the Farmers Market at the Train Station
- A Resolution to grant Special Sign Permits for Farmers Market and Chamber banners
- A Resolution to conduct a Public Hearing regarding rate increase proposed by United Water Sewer on July 2, 2012 at 7:30 pm.
Other Business:
There was a detailed discussion of the proposed switch in garbage companies. The current contract comes due on July 1. Supervisor Dolan plans to meet with Interstate Waste (the new company) in the coming week. The proposed contract is for 5 years. The Board decided to approve the proposed contract conditionally until the Supervisor has a chance to meet with I.W. and determine whether or not he feels that the company is “responsible and responsive.” Once the switch has been made, residents will not be able to use their garbage own cans. Rather, I.W. will distribute cans to each home. Two sizes of cans will be available: the standard one which holds 98 gallons and a smaller one for seniors holding 64 gals. Bonny Takeuchi remarked that the WeeWah Beach Club had switched to Interstate Waste last year and they have been pleased with the service.
However, she commented that she had seen the company’s cans on the roads in Sloatsburg and she expressed concern that on small narrow streets such as hers, the large bright blue cans would be an eyesore. Additionally, she wondered if there would be enough room to accommodate the cans in smaller areas such as this. Supervisor Dolan suggested that the Town could research having congested areas use the smaller, senior cans and he also said he would request that the company supply the Town with either dark green or brown cans.
Councilman Matthews expressed concern that people in the East Village have been lining their garbage cans along the Thruway fence, which is Town property, and he requested that these residents be asked to keep their cans behind their own houses.
Public Comments:
John Kwasnicki commented that both United Water and the Rockland Department of Health have increased their sampling and testing on the Ramapo River because of the mulch pile. He didn’t know what was being done with the results of this testing, however. The Supervisor stated that he hadn’t seen any of the results.
Joan Alleman asked after the condition of the WeeWah Lake.
Supervisor Dolan responded that the the only information he had received came from Tuxedo Park DPW Superintendant Jeff Voss. Referencing test results which the Village had received on 5/9/12, he stated that 120 different things had been tested for and they all came back negative. According to The Supervisor the Town’s water expert has said that the water is safe for drinking as well as swimming.
Village Trustee Alan Heywood spoke up and said those results and conclusions were for Tuxedo Lake and not the WeeWah.
Mrs. Alleman then asked what results were for Patterson Brook.
The Supervisor replied that he hadn’t seen any testing on Patterson Brook, however the DEC has said that there is no connectively between Patterson Brook and the mulch pile. He further stated that the Town’s expert, Will Bowman, had been in the field for 3 weeks and the Board was expecting some test results the next day.
Mrs. Alleman stated that she had returned from Florida in May to find a deplorable state in the WeeWah. She feels that, among other services, all residents are entitled to environmental protection.
The Supervisor responded that he was not in charge of the WeeWah Lake or the Tuxedo Lake. He further commented that water levels in the WeeWah were extremely low and that for the first time, the Village had neglected to treat Tuxedo Lake with copper sulfate this year. (This statement is false. Prior to May of 2012 Tuxedo Lake had not been treated since 2010) He explained that Tuxedo Lake pours into Pond #3 which then pours into the WeeWah. His thought is that since Tuxedo Lake hadn’t been dosed with copper sulfate, the cloudy water from that lake spilled down into the other two lakes. To date, the lab tests prove that the mulch facility has not affected the WeeWah.
Mrs. Alleman replied that she wasn’t talking about green water, rather she was referring to the pollution that was in the WeeWah.
The Supervisor stated that there was no pollution in the WeeWah.
Mary Graetzer disagreed, stating that she had taken pictures at the WeeWah Beach Club property an hour before the meeting and offered those pictures, still in her camera, to the Board for viewing.
The Supervisor asked her to sit down.
Councilwomen Spivak expressed concern over the fact that the Village has lowered the level of the WeeWah, commenting “Where’s all the water?”
Mrs. Alleman responded that the Village had originally lowered the water level to alleviate pressure on the dam.
In response, Councilwoman Spivak commented that clearly it seemed as though there were some other issues at play.
Mrs. Alleman replied that the water in the WeeWah had been lowered in the past and it had never caused these problems.
Councilwoman Spivak commented that she had never seen the levels this low before.
Supervisor Dolan stated that the state of New York is going through a major problem regarding all lakes in the state. The Town of Tuxedo experienced a fish kill and now they are running tests to figure out if the mulch pile was responsible. According to tests done by the Village of Tuxedo Park, the water quality in the WeeWah, is fine. He doesn’t know if the orange foam clearly visible on the water is a natural or unnatural situation.
Councilman Matthews asked whether the school was serviced by the water from Tuxedo Lake.
The answer was yes.
When he commented that this meant that children were drinking the water, Supervisor Dolan reiterated that the water had been tested and was “completely clean to drink.”
Rodger Friedman wondered whether or not the Town had received a response from the DEC following their refutation of the DEC’s April 23 letter.
He was told that the Town was meeting with the DEC the next morning and that this would be the first meeting with the DEC since the Supervisor conducted a site visit with Mr. Janeway and 4 or 5 of their representatives at the mulch facility. Jake Matthews inquired whether or not the Supervisor Dolan was planning to give an update on the mulch facility or just provide facts randomly by answering questions from the public.
The Supervisor responded that the Town had told the operator at Perfect Cut to stop bringing any material in. They are no longer bringing anything in from City Carting although there is some material coming in from small carters. The pile has been reduced by 20% so far and it continues to be reduced. City Carting is the number one provider of material to the facility from Westchester.
Kiki Nelson, who lives near the facility, disagreed. She said she had been past the facility twice that day and witnessed material being brought in. She has seen big chunks of wood being brought in and instead of putting that where they used to put it, they are putting it right into the mulch pile. According to Ms. Nelson the operator has also dug down around the pile.
The Supervisor interrupted to say that Ms. Nelson was missing what was happening. The pile has been reduced in height by 20%. About a month ago, the operator removed the leaching system that was there and now there is a containment system there with all new pipes having been installed. The DEC has been consulted and they favor the new set up.
Maureen Love stated that prior to Hurricane Irene, the Village had removed boards from the WeeWah lake so that it wouldn’t overflow during the storm and had then neglected them to put them back in place. As a result the last 6 days of the swim season were lost as there was not enough water in the lake.
She asked if the dam had been damaged during Hurricane Irene.
Supervisor Dolan referred to Councilman Matthews, who did some work on the dam in May or 2011, for an answer.
Councilman Matthews responded that Mrs. Love was correct in that the boards had been dropped in anticipation of Hurricane Irene. That being said, the work that his company did on the dam last year remains completely sound. The existing problems all revolve around a lack of maintenance on the dam for years. After being asked to comment, Village Trustee Alan Heywood confirmed that the boards were dropped for the hurricane. Kristian Matthews had done some work on the spillway of the dam last spring and that work is fine. The Village is aware that more work needs to be done and the expenditure for that has been approved. As far as swimming is concerned, Mr. Heywood said that because of issues relating to the mulch pile and prospective contamination of the lake, the water will not be opened for swimming because of liability issues. Until they have 100% assurance that the lake is clean and fit for swimming, there will be no swimming at the WeeWah Beach Club.
The Supervisor expressed frustration commenting that testing had been done and the results were negative.
Mr. Heywood responded, “yes, so far.”
Mr. Dolan then quipped, “so when the tests have come back negative 10 more times, will that be good enough?”
Trustee Heywood explained that the Village Board was concerned about people going into the lake, maybe getting sick and then holding the Village responsible. He went on to say that Town residents both in the Village as well as outside are concerned about swimming in the WeeWah because of health reasons.
The Supervisor stated that he had received a letter from the Vice President of the WeeWah Beach Club stating that he would like to see the water open. He further commented that he knew that the Village had been having issues with the dam for a long period of time and it was their issue to either fix it or not fix it regardless of water quality issues. He feels that the water would have been closed this summer no matter what.
Mrs. Love agreed with him.
The Supervisor went on to say that unfortunately, this decision affects the kids in the Town of Tuxedo and that they had been forced to cancel the WeeWah program for summer recreation. He believes that The Village did not want to put water into the WeeWah so that they could make overdue repairs to the dam. The DEC reported that the water quality was fine 3 days after the Fish Kill,
Environmental Labs said the water was fine, the County has said the water is fine. Therefore, the Supervisor doesn’t know why there is no swimming in the WeeWah.
Mrs. Love then asked if the dam was damaged by Hurricane Irene and FEMA funds were available, wouldn’t it have made sense to do whatever the Village could to get the dam fixed using those funds?
The Supervisor replied that the Town had used “a ton” of FEMA funds for repairs, but that the Village “doesn’t go after that money.”
Trustee Heywood interjected that the supervisors assessment was incorrect and the Village had applied for FEMA funds.
Jake Matthews commented that a temporary sign permit had been issued in the Spring of 2011 for the large Ski Tuxedo Ridge sign visible on the fence at Take a Break. He wondered how long that sign would be allowed to remain up under the temporary permit.
The Supervisor replied that this very situation had been brought to his attention that morning and that he would ask Building Inspector Dave Maikisch to check into it and make sure the sign was taken down.
Mr. Matthews then commented that he had noticed that a walking path had been installed at Powerhouse Park but he suggested that a shoulder be installed so that people didn’t roll their ankles and injure themselves. The Supervisor responded that this was in the works. Mr. Matthews also wondered why the Town isn’t taking advantage of the beauty of the Ramapo River from the walking path. The Supervisor replied that the Town is waiting for a work party from the County who will be responsible for cleaning up the entire bank of the Ramapo through Town.
With regard to the Mulch Pile, Mr. Matthews asked if the 20% height reduction requirement made by the Board at their last meeting had been met.
He was told that it had.
He then asked what the next 20% would be and was told total volume.
He wondered whether trucks were still allowed in at night and was told that nothing had changed in this regard.
He wondered whether the Town would consider not allowing trucks into the facility at night.
He was told they would consider it but they wanted to know why.
Councilman Loncar stated that the trucks weren’t bothering anyone.
Several audience members who live in close proximity to the facility replied angrily that this wasn’t true.
The Supervisor then stated that if the Town does decide to keep the mulch pile open, they will probably change everything about the way the facility is operated . Among other things, they will consider having a permanent DEC site inspector on site at the facility. City Carting already has a permanent DEC site inspector.
Finally, Mr. Matthews stated that at the previous meeting, the Supervisor had suggested that residents might be able to provide Mr. Bowman with specifics as to what they would like to test for and he would like to request that Mr. Bowman test for the materials that go into making pressure treated wood.
He was told that this request would be honored.
Sue Papke wanted to know why the Town had allowed the mulch pile exist as it had since March 2010 before moving to bring it into compliance.
The Supervisor replied that the Town hadn’t known that they were out of compliance.
Town Attorney Don Nichols stated that the DEC was wrong and the mulch pile was not out of compliance.
Alan Heywood inquired whether the Town’s auditors could release a statement detailing once and for all the income received from the mulch pile.
The Supervisor said such a statement was released every year. He went on to add that 4 years ago, the Village had also recommended that the Town work with Perfect Cut. He referenced a letter from the Environmental Committee which had been signed by, among others, Trustee Heywood’s wife. Mr. Dolan then reiterated the story of how Perfect Cut came to be located at the Highway Department and went on to enumerate the ways that Perfect Cut helps out the Town, giving as an example the fact that the Town has just repaired many culverts and Perfect Cut provided the blocks to do this work.
Kiki Nelson observed that every time she came to a meeting, she heard that results from the testing were due “the next day,” and yet she had never seen any results.
The Supervisor stated that he would not rush the testing and he just wanted an answer.
Councilwoman Spivak commented that the Board was waiting for results and repeated the vow that if these results should prove that the mulch pile had contaminated the water, the Town would close down the facility. She stated that the Board had no love for Perfect Cut, but that they were a business that provides the Town with an income. Maybe Perfect Cut did cause the fish kill, but there is no proof of that yet. When the Board gets information, they will post it on the Town website.
Kiki Nelson responded that the DEC has said that they felt that based upon the acidity and the raised temperature of the water alone, that was enough to cause the fish kill. She wondered why the Board was choosing not to believe the DEC. She went on to say that the DEC did not have a great record in Tuxedo, usually taking a hands off approach, but in this case, it seems that they feel quite clearly that the mulch pile is a problem. Ms. Nelson stated that for those people who see Sterling Forest State Park as something not to be despoiled, the mulch pile just seems like too big of a risk. In her view Town had been warned and did nothing and now something horrible has now happened there. It seems to her that the Town is looking for the test results that will make their case to keep open something that is a detriment to everyone living around it and anyone and everyone who passes by it and this just doesn’t make sense.
The Supervisor responded that the Board didn’t know why the fish kill happened yet.
An audience member asked if the fish from the fish kill had been tested and the Supervisor responded that he didn’t know. The DEC said the fish kill happened because of low oxygen. There are now some discrepancies between what the DEC said and what the Town’s water expert is discovering. When the Town finds out, they will let everyone know.
With regard to the state of the WeeWah Dam, Councilman Matthews stated that another issue is that the Village doesn’t know if the classification of the dam will be increased due to development on the Sterling Place property. If that happens, the dam might need to be reengineered.
Maureen Love stated that in the past, the lake had been lowered for dam work during the winter and the boards were always replaced and water put back in the lake in time for Memorial Day and the swimming season. This year, what with the warm winter temperatures there is no reason why the repair work could not have been completed in the off season. She feels that the fish kill came along at the perfect time to make it convenient for the Village to keep the WeeWah closed for swimming so that they could do repair work.
The Supervisor stated that had heard this very theory from a number of different people and he feels that “certain people from certain Boards are using this as a political weapon.”
Several people suggested that Mrs. Love should take her concerns to the Village Board as they were the ones who have jurisdiction over the WeeWah and the dam.
Bonny Takeuchi asked the Supervisor to please put the testing results in laymen’s terms when posting them to the website so that everyone could understand them.
The Supervisor responded that he had emailed Mr. Bowman and asked him if the water was safe to drink and safe to swim in and had been told that it was safe for both.
Several audience members volunteered that they would not feel comfortable allowing their kids to swim in the WeeWah this year.
Mrs. Takeuchi stated there was also a blue green algae problem in the WeeWah and the Supervisor said he had decided to a blue green algae test on the water based on results from lots of different lakes in New York and in Maine. He believes that the Village is “using one issue for another,” and openly stated “It’s a big sham, that’s all I can tell you.”
The Supervisor then abruptly adjourned the meeting so the Board could go into a conference call regarding the PBA contract.
back to top
Agenda for Town Board Meeting June 18, 2012
Call to Order
Pledge of Allegiance
Minutes
Monthly Reports
Public Comments on Agenda Items
1. Commendation of 2012 Police Officer of the Year Award Recipients Sgt. Anthony D’Elia and Ofcr. William Hall
2. Town Supervisor/Town Board Update
3. Resolution to Appoint Louis DeBrino, Jr. as Highway Summer Laborer
4. Resolution to Authorize Posting of Open Planning Board Alternate Member Positions
5. Resolution to Approve Updated Standard Work Day Report for Retirement System
6. Resolution to Approve Form of Petition of Proposition to Raise Library Taxes
7. Resolution to Grant Special Use Permit for Farmers’ Market at Train Station
8. Resolution to Grant Special Sign Permit for Farmers’ Market and Chamber Banners
9. Resolution to Conduct Public Hearing Regarding Rate Increase Proposed by United Water Sewer on July 2, 2012
10. Any other business as may come before the Board after this Agenda is posted
Public Comments
Budget Transfers
Vouchers
Adjournment
back to top
Town Board Voucher Meeting June 4 2012
Supervisor: Peter M. Dolan
Councilmembers: Clifford Loncar
Gary L. Phelps
Lisa Spivak
A G E N D A
Monday, June 4, 2012 – 9:00 a.m.
Tuxedo Town Hall - Community Room
REGULAR TOWN BOARD MEETING
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
back to top
May 29 Town Board Meeting Cancelled - Next Full Town Board Meeting June 11
The Town Clerk, whose computer has a virus preventing her from e-mailing, has asked TPFYI to send out notification that, due to vacation schedules, in lieu of a full Town Board meeting tonight (5/29) a voucher meeting will be held some time later this week on a date to be announced and for which the agenda will be circulated. The next full Town Board meeting will take place on June 11 at 7:30 pm.
back to top
Town Board Releases Special Reports Regarding 4 Corners Pond Fish Kill
Click here to view.
back to top
Town Board Meeting May 14, 2012
The Town Board met on Monday, May 14th at 7:30 pm. Councilman Loncar was absent.
Public Comments on Agenda Items:
Andy Rogers asked for an explanation of the potential land acquisition to be discussed in Executive Session. Supervisor Dolan responded that he had been in touch with some people who are interested in selling some land to the Town, and that he hopes to be able to make an announcement about this at the next meeting.
Andy Berish asked for an explanation of the Notice of Claim entitled Stevens, et.al. against the Town of Tuxedo also to be discussed in Executive Session. The Supervisor replied that there is a group of individuals who are waiting to sue the Town over the Powerhouse property and so the Board was looking to get some advice from counsel regarding that.
An audience member asked whether or not the public would be allowed to ask questions following the presentation on the Water Evaluation Regarding Four Corners Pond. Supervisor Dolan responded that questions would be taken. He then explained that the Board had met briefly with the representative of Land Use Ecological Services, William Bowman, PHD prior to the meeting and from what they understood, it would be quite some time before the testing process was complete and a conclusion rendered. He further commented that Mr. Bowman would explain why this was so and would also provide an overview of what he’s been doing so far.
Town Supervisor/Town Board Update:
Supervisor Dolan reported having met with representatives from United Water who have proposed a 59% increase in water rates for the part of Town that they service. The Supervisor feels that t this is not acceptable and has informed United Water of this opinion. He is now waiting for United Water to come back with a new proposal.
The Town has been awarded a labor grant to clean up the Ramapo River. This work will start within the next two weeks. The laborers are unemployed individuals from the Department of Labor, and will be supervised by a Town employee. Their charge will be to clean the banks of the Ramapo River. They will start at one end of Town and work through to the other end, taking about 6 months to complete the project.
The walking track at the Powerhouse has been dug out and the Supervisor is hopeful that Rino will begin paving it within the next week.
Presentation on Progress of Water Evaluation Regarding Four Corners Pond: Supervisor Dolan began the discussion by providing a brief history. Following the fish kill this past March, the Board was advised by Town Engineers, H2M, to hire an ecological consultant. After researching 2 firms they ultimately hired Land Use Ecological Services from Medford, Long island. L.U.E.S. have been asked to figure out “what’s going on,” and have not been given any further direction.
William Bowman, PHD was then introduced. Following a brief review of his credentials, Mr. Bowman stated that L.U.E.S. has been brought in by the Town to do an investigation as to the cause of the recent fish kill and to this end they would be implementing a water chemistry/water quality sampling program over the next few months. They anticipate looking at 10-12 different sites within the Warwick Brook starting at the wood chipping facility and moving downstream through the emerging fresh water wetlands, through the beaver entitlements up to Four Corners and downstream in Warwick Brook to some healthier systems. They will then compare Warwick Brook to the other systems. Those tests that they are unable to conduct in the field, will be done in a lab via samples that will be collected. sampling will occur on a bi-weekly basis throughout the summer after which they will take that data, along with their field observations, and compare it to existing DEC data as well as reports prepared by the Village.
Mr. Bowman reported that he had spent the earlier part of the day walking through the streams and wetlands in the area getting to know them first handThe floor was the opened up for questions from the audience.
Alan Heywood observed that it appeared as though Mr. Bowman was just starting his investigation and not dealing with the area historically. In his view, this is “a little like visiting a murder scene three months later.”
Mr. Bowman responded that despite the delay, he feels that he will be able to get to the bottom of what caused the fish kill although Mr. Heywood’s point was duly noted. He further commented that because low oxygen tends to occur in the summer months, there is a possibility that the conditions that lead to the fishkill could reoccur and that this was one reason that the testing should continue throughout the summer.
Mr. Heywood expressed some frustration stating that he felt that everyone who had been at the previous month’s Town Board meeting was under the impression that they would be hearing results from people who had already completed some sampling and not someone who had just started testing that very day.
The Supervisor responded that he feels that L.E.U.S. is a professional company and is confident that they can figure out what has been going on.
Mr. Bowman added that certainly part of his study would entail looking back at the old data to see what it could relate as well as to see if there were deficiencies in that data.
Sue Papke wondered why the Town had waited 2 months to start the testing.
Supervisor Dolan replied: “We were busy doing a lot of things. If you’re going to ask questions of Mr. Bowman, then ask questions of Mr. Bowman.”
Mary Yrizarry inquired as to whether or not Mr. Bowman would be doing comparison studies using other water systems within Sterling Forest?
He responded that he had not yet decided what the comparison systems would be although they might well be in Sterling Forest. Mrs. Yrizarry remarked that Sterling Forest has a lot of other water systems, which are very healthy.
Mr. Bowman suggested that one had to be very careful in choosing the comparable systems so as to be sure to be “comparing apples to apples.”
Supervisor Dolan interjected that any help that could be offered to Mr. Bowman in locating comparable systems would be appreciated. Mr. Bowman agreed. The Supervisor then stated that the Board had come to realize that the study completed by the Village, while very helpful, was not really a good example of what was happening because of the severity in drop between Long Meadow pond and \ the base of Warwick Brook.
Mr. Bowman further stated that since the fish kill had ocurred in shallow water, they would be looking for similar conditions for their comparison studies.
Sue Heywood stated that Supervisor Dolan had told her directly, several weeks back that tests were ongoing.. Yet, Mr. Bowman said that this was his first day at the site.
Supervisor Dolan replied that the Town had hired Land Use after which they came to Tuxedo to identify the testing locations. Mr. Bowman spent the day in the field today.
Mrs. Heywood asked the Supervisor whether he had seen Doc Bayne’s presentation where he had walked the site and the brooks and taken pictures along the way.
Supervisor Dolan responded that he had not, and then \ reminded Mrs. Heywood that the Town had their PH D in water quality present and all questions should be addressed to him.
Patsy Wooters questioned whether or not Mr. Bowman had any experience working with commercial wood chip mulching.
Mr. Bowman replied that lots of ecological degradations occur because of nutrient loading and that he had a wide range of experience with degraded wetlands but not with wood chipping.
Mrs. Wooters then wanted to know if Land Use would be testing the seeps and the wetlands adjacent to the pile and also whether they would be testing the ground water that can be accessed through the Scott Mine shaft?
The answer to all was yes.
Jim Hays asked if Mr. Bowman would be sampling the marsh next to the mulch pile and was told that he would.
Rodger Friedman stated that he understood that the Town Board wanted to focus on the fish kill as the primary incident, however he feels that the fish kill is symptomatic of much deeper disease which he hopes will be investigated. He further stated that he had seen evidence that the degradation runs all the way from the mulch pile to the Ramapo River and through the entire system of wetlands between which he estimated to be about 275 acres. He invited Mr. Bowman and the Board to come to the Village meeting to be held on Monday, May 21, where State Park educator, Doc Bayne, will once again be presenting his observations upon walking the system.
John Kilduff added that Doc Bayne had traced the contaminants all the way from the Ramapo River to the mulch pile and then back down to the two streams that feed into Tuxedo Lake which is the sole source reservoir for the Tuxedo Park residents who, he pointed out, are a subset of the Board’s constituency. Mr. Kilduff also observed that it appeared as though Mr. Bowman’s testing was going to take a long time. Doc Bayne took temperature measurements of the water leaking from the containment systems and found some that was as high as 92 degrees! Mr. Kilduff wondered if the Town could do anything more immediately about the containment system? He also wondered what Mr. Bowman’s initial impressions had been and inquired whether the sludge and foam found on the waters surface looked like good sludge and good foam’ to him?
Supervisor Dolan commented that the Board would be addressing the wood chip facility after Mr. Bowman was done, and that there were some things that would be announced later in the meeting.
Mr. Bowman responded that while he had some initial impressions, it was his practice to let science tell the story and he felt it would be cavalier of him to make statements at this time.
The Supervisor added that the Town Board had not asked Mr. Bowman for any conclusions as yet.
An unidentified audience member said that he had been looking at the DEC website and specifically at a list of possible contaminants that could be tested for when looking for water pollution. He wondered exactly what Mr. Bowman would be testing for.
Mr. Bowman responded that he would be submitting a final protocol to the Board.
The Supervisor read a list from a March 28th letter, which he said was the beginning of the list although he felt the list would probably increase as the study goes along.
Larry Darby referenced the DEC notice, which finds violations and contamination. He asked whether or not Mr. Bowman had studied the DEC findings? He further inquired, should Mr. Bowman feel that the DEC findings are correct, whether = the testing he is proposing would be sufficient to advise the Town about the validity of the violations as well as whether or not Perfect Cut is in compliance with the lease.
Supervisor Dolan replied that the Town Attorney had had a conversation with the DEC’s attorney and that the DEC is waiting for the Town’s results.
Mr. Darby reiterated his question, which was whether or not Mr. Bowman was confident that he could answer the question based on his protocol and his findings.
Mr Bowman responded that he felt confident that they could get a thorough understanding of what is between the wood chipping facility and the site of the fish kill and going downstream and that they wold be able to determinethe cause of the fish kill.
Mr. Darby replied, “what about the contamination? There could be contamination present which may or may not kill fish!”
Mr. Bowman responded that they would be focused on looking at the health of an ecological resource. He added there were other water resources downstream, which he could look at if the Town so desires.
The Supervisor interjected that in their notice the DEC had alleged that the Town hadn’t submitted certain information, but this was not true. Also, the DEC refers to leachate, which doesn’t exist any more. Once again Mr. Darby inquired whether the protocol for Mr. Bowman would be sufficient to determine whether or not there is contamination present.
Supervisor Dolan stated that he would be meeting with DEC Commisioner Janeway in 10 days at the mulching facility and at that time, they would “go over everything.”
Diana Petrosky requested that the Town post information regarding the testing protocol on their website as it was received .
The Supervisor agreed to do this.
Tom O’Reilly, an environmental engineer from Pearl River asked how long Mr. Bowman had been out in the field and if he had seen any dead fish in 4 Corners Pond .If so, did he collect any to do toxicology studies on them?
Mr. Bowman replied he had been out in the field all day and that he had not seen any dead fish but he would not assume that because he hadn’t seen any today, there couldn’t be any in the future.
The Supervisor interjected that this was the third time someone from Land Use had been here. The purpose of the first two visits was to complete a field evaluation and provide the Board with a general overview of what was going on and now, the Board had decided to hire Mr. Bowman to give them a more detailed understanding of on the situation.
An unidentified audience member asked whether Mr. Bowman was planning to collect any dead fish or other wildlife he came across in the field for testing.
Mr. Bowman replied that he hadn’t planned on it, but at the Town’s discretions, they could certainly do that.
Uli Pendl asked if the Town had gotten bids on the testing and was told that it wasn’t necessary to do so. Town Attorney Nichols said that they had been influenced to hire Land Use by the fact that Mr. Bowman’s father, who they had also worked with, had worked for the DEC in the past and was thus familiar with their protocols. Mr. Bowman stated that in addition to his ecological credentials he had worked with the Army Corps of Engineers and the New York City Parks Department on wetlands restoration. The company has been in existence for 30 years. More information about their experience is available on their website at www.landuse.us. The Town will put a link to this site on their own website.
Mary Graetzer commented that she wanted to state for the record that at the very least, the Supervisor had seriously misled the public. She further commented that while she was delighted to hear that Land Use would now be doing extensive testing, at the last several meetings the Supervisor had intimated that testing had already been done and that at this very meeting, people would be provided with the results and would be able to ask questions about them.
Sue Scher asked if the preliminary protocol for Land Use would be posted on the Town’s website. She said she knew quite a few people with chemistry backgrounds who had ideas with regard to specifically what the Town ought to be testing for and so it would be good to know what was in the protocol.
The Supervisor responded that the protocol he had read from, dated March 28th, had not yet been finalized.
Mr. Bowman agreed to send the Supervisor a final, more complete protocol by the end of the week and the Supervisor said he would then post it to the Supervisor’s page on Town website
Tom D’Ercole of the East Village asked if the Town had taken and retained samples of the water right after the fish kill? He was told yes. Additionally, the Supervisor stated that the DEC had been at the site for a week after the fish kill. Mr. Bowman added that some of the retained samples could not be tested, but that they would be looking at the DEC’s data. If the fish kill was indicative of a chronic problem, then the stresses that caused it will appear in the future. When there is a low oxygen event in a winter where there was no snow, it’s conceivable that there could be another low oxygen event during the summer months. Mr. D’Ercole noted that Mr. Bowman kept referring to low oxygen and wondered if that meant he had concluded that it wasn’t a chemical of any sort that had killed the fish, but merely a lack of oxygen?
Mr. Bowman replied that a large majority of fish kills were attributable to low oxygen.
Ed Packer from Suffern observed that he couldn’t help but think that the brown sludge that he had witnessed on the dead fish was harmful. He wondered if low oxygen was a fancy way of describing.
Mr. Bowman replied that brown sludge and brown slime, as well as algae, could be indicative of low oxygen, high nutrient, turbid water conditions.
“Such as from a mulch pile,” interjected Mr. Packer.
Mr. Bowman responded that they would start testing at the facility and work their way downstream looking to find areas that had been impacted and compare them to areas that are healthy.
Mr. Packer commented that he didn’t feel a sense of urgency about the problem in the room. He added that he felt that anyone who was directly involved in this situation should sit through Doc Baynes’ presentation as he has collected “all the facts and all the evidence.” He expressed both frustration and concern, commenting “this is a grievous environmental disaster and I’m seeing layers of obfuscation.”
Melissa Rossi asked the Board if they even cared about the issue.
The Supervisor replied he wouldn’t be sitting there if he didn’t care. Mrs. Rossi then wanted to know why the EPA (Environmental Protection Agency) hadn’t been involved? Town Attorney Nichols responded that the EPA doesn’t have any direct jurisdiction and the DEC does which is why they have been involved.
Noting that the studies were going to take 3 months, EJ Matthews wondered whether there might come a point before the testing was concluded where the Board would decide to shut the mulching operation down if it became evident that the tests were yielding some bad results. He reasoned that 3 months from now, the lake might be ruined and the residents might all be walking around sick because they’d been drinking the water.
Mr. Bowman replied that it would only be responsible, if there were huge trouble signs apparent in the beginning, to let people know. If findings occur right away, they will certainly be forthcoming with that information
Kiki Nelson commented that Mr. Bowman said he was going to start at the top of the mulch pile and work down. She suggested that he should look uphill from the mulch pile where things are quite alive and everything is healthy. She then inquired if a drop in PH and/or a rise in temperature was enough to produce a fish kill.
Mr. Bowman replied that while PH and temperature could impact the water chemistry, the 4 corners fish kill had occurred during the winter and thus he didn’t think these were the causes. However, they would still look at both PH levels and temperatures as a part of their study
Jake Matthews stated that he had been studying the Mulch & Soil Council website where he found some standards for the mulch and soil industry. After reviewing the original protocol given to Land Use, he wondered if they had the capability to test for copper, chromium or arsenic which he noted were mentioned as things frequently tested for on the Council website.
Supervisor Dolan responded that the Board had given Mr. Bowman the complete “ability to do whatever he wanted as far as testing is concerned.” And that “The protocol would be up to him.”
Mr. Matthews then reiterated that he wanted to know if Mr. Bowman and Land Use have the capability to test for those specific things.
Mr. Bowman responded that all tests would be run by NYS certified labs, who would be doing the actual sample analysis. He further explained that the first step in the testing process would to find the right site for sampling, which would have to be somewhere that’s part of the uniform flow of the system. Then, some metered tests would be run right there and samples collected for the other tests that would be done by labs.
Jim Hays asked if Mr. Bowman has access to the DEC’s analyses. The answer was yes.
Mr. Hays then wondered if Mr. Bowman could tell from looking at the DEC’s analyses, prior to conducting any further testing, what had caused the fish kill.
Mr. Bowman replied that he hadn’t made any conclusions as of yet. He wanted to look at the DEC data, as well as the data from the Village’s study in addition to the tests they will conduct themselves.
Mr. Hays asked why more tests were necessary and Mr. Bowman responded that it was because he knows that ecological problems are always the result of multiple stresses over time and he never just looks at a snapshot.
Bill Anderson stated he lives on Warwick Brook Road and has a well about 200 feet from Warwick Brook. The well is 60 feet deep and he wonders if he should be afraid to drink the water?
The Supervisor responded that if Mr. Anderson would bring a sample to Highway Superintendent Pfizenmaier, the Town would have it tested for him.
Patrick Bourke asked Mr. Bowman if his company had ever had any dealings with Perfect Cut.
The answer was no.
Mr. Bourke then asked Mr. Bowman to “detail one of his firm’s success stories,where they had collected data that had been used to successfully shut something down. Supervisor Dolan interrupted this line of questioning to demand that Mr. Bourke stop badgering Mr. Bowman.
Mr. Bowman replied he hadn’t had a case like that.
Steve Maurer asked what the adverse effects of low oxygen are on people, specifically in terms of swimming in or drinking the water.
Mr. Bowman responded that low oxygen itself didn’t have any effects on people swimming as people don’t need to get their oxygen from the water, but low CO could also mean high nutrients which could have an effect on people.
Supervisor Dolan interjected that the DEC had tested the water in the WeeWah on March 20and that the results were “green” meaning that the water is basically “A-OK.”
Mrs. Wooters asked if those results would be put online and was told they would be..
Meg Vaught asked what the cost of Mr. Bowman’s services to the town would be.
She was told $16,000 and that this includes the cost of the actual testing and anaylsis in the lab.
Sue Papke noted that there have been violations from the mulch pile since 2007 with extensive violations in 2010. She wonders why the situation hasn’t been remedied in the last 2 years? She stated that the Town has had a $10,000 fine, a $15,000 fine and now a $40,000 fine because nothing has been fixed.
The Supervisor responded that the first two fines were the same problem and the Town maintains that paperwork has been submitted to the DEC, but they allege that it hasn’t been. The situation with the latest fine is that the containment field, which was constructed with the DEC’s approval, may not be working as well as it should be.
Mary Yrizarry said she has a photograph of the pond behind the mulch pile before the mulch pile came in and it is idyllic.
Mr. Bowman responded he would be happy to look at any historical photographs so he can tell how the site has changed.
John Kilduff inquired if Mr. Bowman would be taking samples from the containment tanks as well as the water from the mine shaft that is being used to spray down the piles?
The answer was yes.
Mr. Kilduff then asked if the seeps would be tested and was told no. Mr. Kilduff wanted to know why not?
Mr. Bowman replied he’d learned a lot by “stomping around today” and was planning to test the locations that need to be tested.”
Ronald Rossi asked if anyone would be testing the air quality from the mulch pile? He said he lives in Laurel Ridge and can smell it on a weekly basis.
Kiki Nelson responded that. NYU Environmental Medicine has agreed to do some air quality testing and this would be happening very soon.
Rodger Friedman wanted to know how long, in Mr. Bowman’s opinion, it would take for a devastated wetland like this to flush itself clean? He said he’d heard estimates from 10 to 40 years.
Mr. Bowman responded that it depended on what contaminants were found, but wetlands can take decades to flush.
Alan Heywood stated that last Thursday evening, there had been an informative presentation given by Dr. Bayne in the multipurpose room at GGM.
The Supervisor interrupted him to ask “Dr. Bayne? Or Mr. Bayne?” He then stated “He’s not a doctor. He doesn’t have a Ph.D.”
Mr. Heywood continued to say there had been 70-80 people present, all concerned citizens and it was a very informative presentation where he truthfully answered everyone’s questions and dealt with some of the clean areas directly around the mulch pile. Mr. Heywood wondered if Mr. Bowman had been asked to attend Doc Bayne’s presentation and he also wanted to know why there had been a boycott by the Town Board.
Councilman Phelps expressed frustration with this comment and wanted to know why Mr. Heywood thought there had been a boycott.
Mr. Heywood replied “because no one was there!” Councilman Phelps retorted, “maybe we had other, personal things to do.”
The Supervisor stated that he had never even been invited to the presentation. When he was told that he had indeed been invited, in public, at the last board meeting and that the invitation was on tape, the Supervisor replied he thought they were talking about a conference at Ramapo College. In fact, he said, he was home with his kids. He further commented that Doc was a very nice guy who was very knowledgeable but he was not a PhD in water ecology. He stated that Doc worked for Sterling Forest Corporation and had once told him there were unicorns in the forest.
Several audience members shouted out that Doc’s presentation was going to be repeated next Tuesday (at the Village Board meeting) and Meg Vaught asked if some of the Board would come to see the presentation? Supervisor Dolan replied that he wasn’t sure whether or not they would attend and that the Board was listening to Mr. Bowman who was the person they had decided to hire. They did not hire Doc Bayne.
An unidentified audience member asked Mr. Bowman if he had witnessed any red sludge or white foam or dry red sludge on rocks as he walked the property, and if so, had he taken any samples.
Mr. Bowman replied that he had seen white foam and some red discoloration in soils and on rocks but he didn’t take any samples that day.
John Yrizarry asked if Mr. Bowman had seen any dead mussels, clams, frogs or turtles that day?
Mr. Bowman responded that he hadn’t seen any dead vertebrates, but he had seen some mussel shells although he hadn’t sampled anything.
Anne Gwathmey asked who would decide on what was going to be done and, if it turns out to be “a mess” who would decide how it would be cleaned up?
Mr. Bowman responded that he didn’t really know the answer to that. His firm will reach conclusions about the ecological health in Warwick Brook as related to the facility and the downstream ecological impacts. These will be presented to the Town and the public and the State will receive a copy.
Mrs. Gwathmey commented that this was scientific data that was a little advanced for the Town Board to interpret and wondered if Mr. Bowman felt confident that his company was qualified enough to advise the board with a sound judgment.
The answer was yes. There are rigorous standards from the State as well as the EPA that apply to this situation and they will be used in forming conclusions. The report will contain both the raw data and which standards they were applied to.
Patsy Wooters commented that she hadn’t heard any discussion of the groundwater. She thinks what happened to Warwick Brook is a calamity, but what has happened to the groundwater is a catastrophe! If one leaves Warwick Brook alone for 40 years, it will heal itself, but she doesn’t see groundwater healing itself. Also, it doesn’t appear that the Board has been concerned with the bedrock fissures in the past, but if the groundwater is contaminated the way it looks to be in the Scott Mine shaft, then there could be a threat to the future water supply for Tuxedo Reserve. This could be a very grave and much more widespread problem. She asked if they were going to test the groundwater.
Supervisor Dolan replied that the mine shaft had been built in the 1700s to which Mrs. Wooters responded that there was baseline data for that because it was tested at the time of Sterling Forge.
Mr. Dolan stated that at present they weren’t really looking at groundwater to which Mrs. Wooters replied, “well, you are missing the elephant in the living room! The groundwater problem is humongous in comparison to Warwick Brook.”
EJ Matthews asked if Mr. Bowman would be looking at the pond at the old International Paper, the current Watchtower property. He was told that they would be looking at all pertinent information and that pond is downstream of the facility.
Tom Darling stated that in the swamp south of the mulch facility and between it and Four Corners Pond, there is a beaver dam which the state breeches twice a week. An unidentified audience member pointed out that it hadn’t been beaver dams that were breeched at the time of the fish kill but culverts in the swamp, which were clogged with leaves and debris and were cleaned out.
Sue Heywood asked what would become of the Wee Wah Beach Club while the Town was waiting for results and specifically whether or not the kids could swim in the water?
Supervisor Dolan replied “if the Village wants to fill the pond back up, it is perfectly safe, as far as I know to do so.” He went on to say that he thought everyone knew that the Village has some structural issues with the Wee Wah dam and it was his understanding that they were having an engineer look at it to see if there were any further issues as a result of Hurricane Irene and then they would decide whether or not to fill it up.
Mrs. Heywood wondered once the lake had been filled up, whether or not anyone would be testing the water.
The Supervisor replied that they had already tested it once and would be doing so again using the exact same protocol that the DEC had used.
Sue Scher pointed out that Jeff Hutchinson, the Sterling Forest Park Manager had not only been there for the past 10 years, but prior to that he was the Ranger for the Sterling Forest Corporation and thus has about a 30 year history in the forest and could be a valuable resource for Mr. Bowman.
Bonny Takeuchi stated that the decision to allow swimming in the Wee Wah ultimately had to come from the Board of Health. She wondered how all the data would be interfaced to them.
Supervisor Dolan replied that the Department of Health had never tested the water in the Wee Wah but the DEC had tested the water and the Town plans to do another test in the coming week.
Mrs. Takeuchi stated that as President of the WeeWah Beach Club, she didn’t want to put anyone in water that hadn’t been tested and she wondered if the Town’s consultant would be testing it. Supervisor Dolan responded that this would be the first test Mr. Bowman did and reiterated that the DEC had already tested the water and the Town would be conducting more tests as well. But, he went on, the problem is that there is no water in the WeeWah. He further added the Village has a situation where the dam has been compromised and said everyone had known that one year, the Village might have to close the club down to fix the dam. He concluded that this is a question that would be better asked of the Village Board members.
Diana Petrosky asked how the Town could get all the results of the testing on the WeeWah to the Department of Health since that is the entity to which the WeeWah Beach Club must apply for a swimming permit.
The Supervisor replied he would put a rush on the Town’s testing and would make available the other results.
Mike Squillini asked if Mr. Bowman was going to test the dirt pile on the Perfect Cut property. He feels that everyone has blinders on and no one is looking at the dirt.
Mr. Bowman replied they would be testing downstream of the facility..
Mr. Squillini mentioned he was starting to see aggregate on Tichy Field and other places so he was concerned.
Sue Papke asked if the mulch pile were maintained at an excessive height for several years, how would that effect the oxygen in the water?
Mr. Bowman replied that he didn’t know the answer to that. He hadn’t looked at the facility’s permits and hadn’t been asked to by the Board. Mrs. Papke countered that it seemed to her that it might work something like a leach field with a home sewer system in that a leach field has to match the size of a house so if the mulch pile grows, shouldn’t the containment system grow also?
Mr. Bowman reiterated he would begin by testing the water downstream and then follow it back up to the facility.
Supervisor Dolan announced that the Board had notified John Guggino of Perfect Cut that by 30 days from the date of the meeting, there must be a 20% reduction in the height of the mulch pile. If the pile hasn’t had a 20% height reduction, they will not be allowed to bring any new material onto the site. If that reduction is met, 30 days from that date, the pile must be reduced by another 20%. The Town has done a site survey to use as baseline data. Town Building Inspector Dave Maikisch and Town Engineer Jeff Marsden will check to see if the reductions have been made. After these two criteria are met, the Town Board will meet again to make a decision about the mulch pile. If Mr. Bowman’s testing proves positive for the mulch facility, the Board will consider charging Perfect Cut a straight monthly rent with no more counting of trucks. If, down the line, the results of Mr. Bowman’s testing show that the mulch facility has to be shut down, they will already have reduced the pile by 40%. Additionally, The Board is considering changing to a straight monthly rent instead of charging by the truckload. They are also considering telling Perfect Cut that all new material must be segregated from old material. The DEC said there were 4 seeps coming from the mulch pile and Supervisor Dolan stated that the Town believes that 3 of these have been corrected. The 4th seep is currently being worked on.
Sue Scher commented that when she drove past the pile last week, it looked lower to her, but it also looked wider, so she wondered if the Town would require Perfect Cut to lower the pile by 20%, but also allow the pile to grow 20% in area? The Supervisor responded that in the first 30 days, the pile’s height must be reduced by 20%. In the 2nd 30 days, the 20% reduction must be in overall area.
An unidentified audience member commented that in Doc Bayne’s presentation, he had identified various timber piles on the Perfect Cut site which contained ash trees and these are under a DEC quarantine in Orange County.
The Supervisor stated that there is no quarantine on ash in Rockland or Westchester County, meaning that all the ash trees coming in are coming from a non-quarantined area.
It was pointed out that the quarantine meant no ash trees could be brought into Orange County as well as none going out.
The Supervisor said that this was not what he’d been told but that he would look into it.
Tom D’Ercole wanted to know what was the benefit to the Town of having the mulch facility.
Supervisor Dolan said that over the 6 years that the facility \ been there, the Town has probably made about a million dollars. Also, Perfect Cut does a lot of little things for the Town like helping the Highway Department and contributing topsoil.
Mr. D’Ercole said it almost sounded as though the Town was defending Mr. Guggino’s being there. “At least you are,” he said to the Supervisor.
Mr. Dolan responded, “I’m not defending anything.”
Mr. D’Ercole then wondered if it was determined that the mulch pile was the cause of the fish kill, would the Board shut it down. .
The Supervisor replied that in those circumstances, of course they would have to shut it down. Mr. D’Ercole responded that it sounded to him as though everyone in the room wanted it shut down now.
Sue Scher asked if it would be possible sometime within the next month for the Supervisor to present a chronological fiscal analysis of the mulch pile.
He replied that he could show her some of the figures, but that he was just a part time Supervisor and would not have the time to do a complete analysis. He would make public whatever information he already had.
Maureen Coen said she was late getting into the discussion but it seemed to her that from what she had heard, the fish kill was a big issue, which may or may not have been caused by the mulch pile. That is what Dr. Bowman will help the Town to determine. But she has heard from residents that there are other issues, like smoke and potential toxic air. From a cost benefit analysis, even if it’s two million dollars over six years, she beseeched the Board to think about terminating the contract because she feels it is really not worth it for what the Town is going through right now.
Tom Darling commented that if that happened, Perfect Cut would probably move right back down next to De Marino and everything would be going straight into the Ramapo.
The Supervisor then recounted the history of how Perfect Cut ended up on the Highway garage property and said that outside of a fire, the fish kill serves as the first time ithe facility has caused any potential damage to anybody. . Because of Perfect Cut, the Town has been able to build ball fields and keep taxes low. He further added that although many of the people present might not care about taxes, lmany of the people in Town do. The problem that the Town faces is that it only has one revenue source and that is its homes. They need to find ways to pay for Town services. If the Town were to shut Perfect Cut down, they would have make up the $200,000 they get from them from another source. Also, they would have to find the money to clean the brush “and so on and so forth” from another source. This brings the total up to $300,000. If the Town has to get that from the approximately 1500 homes in Tuxedo, everybody would be charged an extra $1000-$2000 in taxes. The Supervisor feels services are important and that people want police coverage, ambulance service and highway department service.
An unidentified audience member responded, “I’d rather close them down than die of cancer gotten from drinking the water.”
Patrick Bourke said that while he thought the curtailments the Town was putting on Perfect Cut were a step in the right direction, it was not enough. He feels that the Board needs to look at the lease and see what can be done to get out of it.
Supervisor Dolan replied that the present lease is a 30 day lease meaning that at any time that the Town decides that it doesn’t want Perfect Cut there, they could make them leave within 30 days. According to the Supervisor, it is a very tight lease.
Uli Pendl refuted this statement saying that he has a copy of the lease and it is renewable on an annual basis.
The Supervisor countered that the Town can cancel the lease at any time with 30 days notice.
Mr. Pendl retorted that he’d like to talk to the Town’s lawyers because he didn’t think the lease was a very solid document.
In the event that the Town decides to terminate the lease, Donna Anderson wanted to know whether Perfect Cut would have to clean everything up or if the Town would be stuck with the mess?
The Supervisor replied that they would have to clean everything up. He reiterated that the intention of the Board was that within 60 days, the Town would have a much smaller mulch pile so that if Mr. Bowman does come back and give them evidence that causes them to close Perfect Cut, they will have a much smaller operation to deal with.
Steve Maurer commented that he was worried that the Town would try to close down the operation and the operator would flee leaving the Town with a potential Superfund site to clean up. He feels Perfect Cut should be bonded against such an occurrence. Mr. Dolan replied that Mr. Guggino had given the town money in escrow and when asked how much, he responded $50,000.
When the audience all started talking at once saying they didn’t think that was enough, Supervisor Dolan added that everyone should understand that Mr. Guggino had a lot of money invested in the mulch and it would not be in his best financial interest to simply walk away.
Patsy Wooters reported that she had hiked behind the mulch pile the previous Friday and had observed that the dirt pile was burning in 3 places. She added that she didn’t understand DIRT piles burning so she had collected some of the material and brought it home. Upon further review she discovered that it contains wood chips and leaves. She cautioned that the Town should be careful that as the mulch pile was reduced, it wasn’t just being transferred over to the dirt pile!
Jake Matthews observed that Tuxedo does need a place to take brush and organic waste, but shouldn’t be responsible for taking in material from Connecticut and Westchester counties. He encouraged the Board and the community to start researching and thinking about a better way to handle the Town’s organic waste.
The Supervisor agreed that the Town has to have a place to put their own material.
An unidentified audience member remarked that he worked at GE and when they were found to have polluted the Hudson River, they were forced to spend millions of dollars putting in retention ponds. He wondered why Perfect Cut didn’t have to put in retention ponds.
Supervisor Dolan replied that the Town has a containment system, which they feel is working very well despite the fact that there are 4 seeps within it. John Sandek retorted, “then, it’s not working very well!”
The Supervisor called upon Town Engineer Jeff Marsden to explain the containment system. Mr. Marsden reported that the Town had asked Perfect Cut to do a couple of things to try to fix the problem. He stated that the intention of the containment system was to infiltrate the water into the ground, and that this was what the DEC wanted them to do.
Councilman Matthews expressed concern with this and asked for clarification stating “so the DEC wanted them to charge the ground with the water that they’re pumping on the pile?”
Mr. Marsden replied, “they wanted us to infiltrate the water so that…”
Mr. Mathews interrupted Mr. Mrsden with, “answer the question! The DEC suggested that you charge the ground with the water they were pumping on the pile?”
Mr. Marsden retorted “reinfiltrate the water into the ground. That was the intention of our containment system.”
Rodger Friedman inquired about culverts on the property stating “so the culverts that are coming out of the containment area, those are DEC approved culverts that go right into the wetlands?”
Mr. Marsden replied that the intention of the design was to collect any effluent, which was coming off the pile into the containment system. Mr. Friedman interjected that there are 4 culverts coming out of the containment area and going into the wetlands.
Mr. Marsden responded that the culverts had been removed and Mr. Friedman replied, “well, they were covered over with bark, but they were never removed!”
Mr. Marsden replied that all but one culvert ,which deals with the overflow from the mine shaft, had been removed. There were a number of pipes that had been there for a long time but they were not the culverts.
The Supervisor interjected that the pipes were left over from NYU, and Mr. Marsden agreed and added that the DEC had originally allowed the site to discharge into the wetland but now the culverts have been removed.
When asked when they’d been removed, Mr. Marsden and the Supervisor replied over a year ago.
Mr. Friedman then stated that he had walked the site 3 weeks ago and the culverts were there emptying into the marsh and that they had been covered over with brush.
Supervisor Dolan responded that he had not seen them whereupon Mr. Friedman replied “well maybe you should uncover the brush and take a look!” Kiki Nelson interjected that she knew Doc Bayne wasn’t a PhD but he had pictures of these culverts proving that they were there to which the Supervisor replied, “anything I haven’t seen myself, I don’t think is there.”
Michael Squillini asked if there had been an Environmental Impact Statement done on the facility.
Mr. Marsden replied that he had not been involved until after the facility was built but he hadn’t seen one.
The Supervisor confirmed there had not been an EIS.
Mr. Squillini then wondered how the Board could have allowed the facility to be built without an EIS.
Town Attorney Nichols stated that there did not need to be an EIS, but there did need to be an environmental review and this had been done.
Resolutions:
The following resolutions were passed unanimously:
- A resolution authorizing the execution of an agreement with the County of Orange pursuant to Department of Labor National Emergency Grant. (this is to implement to program to clean up the Ramapo River)
- A resolution to retain Hawkins, Delafield & Wood as Special Bond Counsel
- A resolution to authorize the refunding of the Town’s 2003 Serial Bonds to realize lower interest rates
- A notification of a full-volume Indian Point Siren System test on May 16th from 10 am to 11 am.
- A reminder of Community Memorial Day parade and observances on May 28, 2012
The meeting was adjourned into an executive session to discuss litigation and a potential land acquisition.
back to top
Agenda for Town Board Meeting May 16, 2012
Call to Order
Pledge of Allegiance
Minutes
Monthly Reports
Public Comments on Agenda Items
1. Town Supervisor/Town Board Update
2. Presentation on Progress of Water Evaluation Regarding Four Corners Pond
3. Resolution to Authorize Execution of Agreement with County of Orange Pursuant to Department of Labor National Emergency Grant
4. (a) Resolution to Retain Hawkins, Delafield & Wood as Special Bond Counsel and (b) Resolution to Authorize Refunding of Town’s 2003 Serial Bonds to Realize Lower Interest Rates
5. Notification of Full-Volume Indian Point Siren System Test on May 16, 2012 from 10:00 a.m. to 11:00 a.m.
6. Reminder of Community Memorial Day Parade and Observances - May 28, 2012
7. Any other business as may come before the Board after this Agenda is posted
Public Comments
Budget Transfers
Vouchers
EXECUTIVE SESSIONS for the purpose of discussing:
(1) Litigation brought against the Town by Tuxedo Land Trust, Thomas Wilson, Mary Graetzer, Robert McQuilkin, Peter Regna, Torne Valley Preservation Association and Patricia Wooters
(2) Potential Land Acquisition by the Town
(3) Notice of Claim entitled Stevens, et al. against Town of Tuxedo
Adjournment
back to top
Town Board Meeting April 30, 2012
The Town Board met on Monday, April 30, 2012 at 7:30 pm. All members were present.
Public Comments on Agenda Items:
Andy Berish asked why Police Officers Dan Sutherland of the Town of Tuxedo and Ryan Eirand of the Village of Tuxedo Park were swapping jobs. Police Chief Patrick Welsh explained that both officers had found that their places of employment were not suiting their career interests and were both in agreement that the switch would better serve their needs. Therefore, with the support of their Chiefs and municipalities, they have decided to switch positions.
George Mollo expressed some confusion over the resolution to authorize refunding of the Town’s bonds to realize lower interest rates. Commenting that he was all in favor of refinancing to gain lower rates, he stated that it was his understanding that the Town currently had debt level of $3,082,000. He wondered why the Board was proposing to refinance only a million and a half of the total amount. Mr Mollo further commented that in January, he had attended a meeting at which Supervisor Dolan had announced that he had reduced the Town’s debt by $2,000,000 and had been greatly praised for doing so. However Mr. Mollo obtained the auditor’s report on the Town books and ascertained that the debt had only been reduced by $1,300,000. Therefore, he has concluded that the $2,000,000 was a fictitious figure and he expressed amazement that the public had been so misinformed. Mr. Dolan responded that the Town has some remaining debt and was looking to hire a bond company to deal with it. Town Attorney Don Nichols further explained that in reviewing the situation, he had decided that the Town needed New York City Bond Counsel. Consequently, he spoke with such a firm but they haven’t had time to get their work done yet and so this resolution will be tabled until the next meeting in May.
Swearing in of Police Officer Ryan Eirand:
The Board unanimously passed a resolution to approve the inter-municipal transfer of Police Officer Dan Sutherland from the Town to Village of Tuxedo Park and Police Office Ryan Eirand from Village to Town. Police Chief Patrick Welsh then administered the oath of office to Officer Eirand and presented him with his badge.
Town Supervisor/Town Board Update:
Supervisor Dolan reported that since the Town Board had emended their Master Plan last year, they had been working with Town Planner Bonnie Franson to change the Zoning Map. The necessary changes have now been completed and the Board will plan to schedule a public hearing on the Map in the near future.
The Supervisor is in receipt of two letters from the DEC. The first letter pertains to the DeMarino site and states that following inspection, the DEC has found no serious intentional violations at the site. It was determined that a small section of the containment berm had collapsed and as a result some material had escaped and slipped down the bank of the Ramapo, but this was well above the waters of the river. Mr. DeMarino has promised to pull the material in question back up the bank and stabilize the area with grass seed and mulch.
The second letter concerns to the proposed walking trail at Powerhouse Park and states that if the plan is executed as proposed, no permit is required.
Regarding the bridge at Murphy Field, the Supervisor explained that a culvert at that location had been washed out by Hurricane Irene last fall. The Town has received FEMA funds for the and last Wednesday, the Highway Dept. started to replace the culvert. They had hoped to have it done in time for the weekend ballgames, but unfortunately this did not happen. Thankfully, The Woodlands granted the Town permission to use their emergency access gate, and games were able to take place at the field. The Town hopes to have the bridge reopened on Wednesday.
The new Town website has been launched! Supervisor Dolan informed the public that the site was a work in progress and encouraged anyone who might have suggestions to come forward at any time. Mary Graetzer commented that she would like to see the Town Code available online via the website. She noted that the Village of Tuxedo Park and the Town of Warwick are only two of the towns she knows that offer this service and said she thinks it would be a real benefit for Town residents and potential residents. Mrs. Graetzer also stated that she was aware of a new law which requires municipalities to post documents pertaining to public meetings such as Town Board, Planning Board and Zoning Board, on their website 24 hours in advance of said meetings. In looking over the new website, she hadn’t noticed any provisions for complying with this law. Both Town Clerk Laurent and the Supervisor responded that they were aware of the law and that this was something they were still working on. Once some mechanics are worked out, which should be soon, they expect to be in full compliance. Finally Mrs. Graetzer said that she found the new website to be fantastic and a huge improvement over the old one. She offered congratulations to Bill Sweet who designed the new site.
John Kilduff asked whether the Town was considering any process for emergency communication notification on the website and was told such notices will go right on the front page and, in fact, this provision had already been used for the situation with the Murphy Field bridge.
The Supervisor reported he has received a lot of phone calls about the use of Town ball fields. The Town has two fields: Tichy Field, which has a raised pitcher’s mound, is used for baseball and Murphy Field, without a raised mound, is used for softball. Last year, the school used Tichy Field for it’s softball team and subsequently knocked down the mound. The Supervisor has set up a meeting with officials of the school to discuss this matter. The Town has also offered to help the School make repairs to their own Euvard Field.
Work is continuing on the redesign of the bus stop on Route 17. The Supervisor displayed some drawings made by architect Billy Mincey and reported that the LDC would be financing this project in its entirety. They are currently waiting for contractor Tommy Salierno to return from Florida so they can move forward with the project.
Opening the discussion on the Fish Kill at 4 Corners Pond, Supervisor Dolan stated he had been in touch with DEC Regional Commissioner Willie Janeway and was hoping to have a meeting with him within the next few weeks. Regardless, he commented that The Board was planning to have the Town’s water quality experts from Land Use Associates along with Town Engineer Jeff Marsden present to answer questions from the Public at the next Town Board meeting. He further commented that he was also considering asking John Guggino, the owner of Perfect Cut, to attend the meeting. Land Use Associates will be coming out in the next week or two to do more in depth tests on the site as well as on the adjoining bog. The Board is also planning to test the organic material on the Perfect Cut site. The Supervisor stated that the public was more than welcome to ask questions, however there were some questions he would be unable to answer before the final analysis had been completed. All testing will be done using the same processes executed by the DEC and all samples will be signed and sent to that Organization. If the DEC should request that the Town send the samples out to an outsource lab, they will accommodate that request. Supervisor Dolan promised that a “frank and honest discussion” of the situation would occur at the next Board Meeting. In the meantime, he invited the public to ask any questions they might have.
Jim Hays stated that the Town’s contract with Perfect Cut includes the provision that the mulch pile is not to exceed 10,000 cubic yards and yet, when he toured the facility a few weeks ago, one of the workers mentioned that the piles were approximately 200,000 cubic yards. He wondered if there was any way the Town could require Perfect Cut to reduce the size of the piles to the 10,000 cubic yards as required in the contract, bearing in mind that the 10,000 cubic yard requirement also appears in the agreement with Orange County. Mr. Dolan responded that the “organic material” that’s at the site is not considered mulch and that there is no height requirement for organic material within the lease agreement.
Switching topics, Mr. Hays noted that the DEC letter re DeMarino was probably in response to a phone call he had made to that agency. According to Mr. Hays, the DEC told him that the Town bears the responsibility for the floodplain whereas the Board has been saying that the DEC has jurisdiction over the entire DeMarino site and that the Town can’t do anything about it. Town Attorney Nichols stated that the Town’s responsibility at the site is limited. There is a floodplain law, but it mostly addresses building within a floodplain. Mr. Nichols stated that the Town has sent multiple inquiries to the DEC about the DeMarino property and the response has always been the property is in compliance.
Rodger Friedman of the Sterling Forest Partnership announced that the Partnership would be holding a public informational meeting on May 10th in the GGM Cafetorium. He extended an invitation to everyone in the room to attend. The meeting will feature a lecture by former Sterling Forest State Park educator, Doc Bayne as well as a talk on air pollution given by a member of the NYU School of Medicine. Mr. Friedman then stated that at the previous month’s Board meeting, Supervisor Dolan had said that should evidence show that the mulch pile was the cause of the pollution in the WeeWah basin, the Board would shut down the facility. He wondered if this was still the case. The Supervisor replied that yes, this was still the case. Mr. Friedman then referenced DEC’s letter to the Supervisor, page 2 of which states that the Department has concluded “that the evidence in the case clearly demonstrates that operations at the facility has resulted in numerous water quality impairments that has caused the fish kill.” In Mr. Friedman’s view, this is pretty incontrovertible. Councilman Phelps asserted that an additional study, paid for by the Village of Tuxedo Park, concluded that the mulch pile was not the cause of the pollution. Mr. Friedman replied that he’d read that study (conducted by Watershed Assessment Associates) and what it said was that the cause of the pollution could not be determined based on the testing that had been conducted and that W.A.A. would cede to the DEC study. Supervisor Dolan commented that The Town had not seen anything from the DEC. Town Attorney Nichols interjected that the Town had been provided with some information regarding the DEC tests, however when they reviewed it, they found it very inconclusive. Mr. Dolan continued that when he and Councilman Phelps had met with Commissioner Janeway and others from the DEC initially, they had been told that testing thus far had concluded there was low oxygen in the water and some “difficulty” with PH and acidity. They then sent a representative down to do more testing. Supervisor Dolan emphasized that this particular representative was quite young, 22-24, and referred to him as a kid. According to the Supervisor, this gentleman’s testing protocol consisted of scooping some water into a phial and shaking it around as though he were testing water in a swimming pool. That being said, the Supervisor reiterated that if the test results showed that the mulch facility was somehow impairing the WeeWah, The Board would close the facility down.
Alan Heywood, Trustee from the Village of Tuxedo Park, commented that he would like, once and for all, to correct the misconception that the study paid for by the Village had somehow disagreed with the findings in the DEC report. He added that the Village report clearly stated that results of the study indicated that the test sites downstream from the mulching facility were biologically impaired.
Supervisor Dolan replied that when the Town’s water experts made their presentation at the next meeting, they would present pictures of the bog next to the facility, which prove that the bog was impaired 15 years ago.
Attorney Nichols remarked that the Village’s report said that the sampling shown to the Town by the DEC was not a “proper comparator” and that since it was not a “proper comparator,” then it would seem to be inconclusive. The Town has suggested to the DEC things they believe need to be done, but they don’t know if any of these things have been done or not. A number of errors have been found within the DEC report and the Town would like to speak to them about this.
Jim Hays inquired whether or not the Town had received all of the data that the DEC has gathered and was told they have not received it as yet.
EJ Matthews wanted to know at what point the Town was planning to make a decision with regard to the future of the Mulching facility, once they have received all the testing results. Should they determine that Perfect Cut should be shut down, what would the process be?
Supervisor Dolan responded that the Town would be reviewing the advice from the DEC that of their own water quality expert and would also be consulting with their attorney in order to reach a determination. Mr. Matthews then inquired if John Gagging would really be present at the next meeting. The Supervisor replied that he had discussed it with Mr. Gagging. He recalled having asked Richard Spiegel of SOS Fuels to address the public at a Town Board meeting after Hurricane Irene. He felt that experience was a good one for both the Town and SOS and he would like to afford Mr. Gagging and Perfect Cut the same opportunity he had given to SOS.
Patrick Bourke of Tuxedo Park stated that his career has been spent in accountability and security. He further stated that he had spent some time doing due diligence on the mulch operation and had discovered that the facility brings in approximately $200,000 a year for the Town. In 2010, the Town received $196,000. In 2011, they received $127,000 and for 2012, they have budgeted $225,000. He commented that for $8000, plus $49.95 a month for internet access, the Town could install 4 cameras at the site which would record every truck that goes in and out 24 hours a day/7 days a week. In Mr. Bourke’s opinion, this would bring some accountability to the operation.
Supervisor Dolan responded that the Board was considering doing something along these lines. He cautioned that according to the contract, Perfect Cut is allowed to transport material in and out in their own trucks without paying the Town.
This prompted Mr. Bourke to ask, “so if a truck drove out to Route 17 and he slapped a Perfect Cut label on it, it could then come in and out without paying a fee?”
The Supervisor responded that he didn’t think this was happening and that the Town Board trusted Perfect Cut.
Mr. Bourke reiterated that accountability was the issue. He then inquired as to whether or not the Supervisor had an explanation for the appreciable drop in revenue between 2010 and 2011.
Supervisor Dolan responded that he did not have this information at hand and that perhaps the bookkeeper would be better off answering such questions. Mr. Bourke reiterated that accountability was the issue. He then inquired as to whether or not the Supervisor had an explanation for the appreciable drop in revenue between 2010 and 2011.
Supervisor Dolan responded that he did not have this information at hand and that perhaps the bookkeeper would be better off answering such questions.
Attorney Nichols suggested that one reason could be the decline in extensive landscaping due to state of the economy. The hope is that the markets will be better this year.
The Supervisor commented that the Town already had 2 cameras at the highway garage. Additionally, the Police Department has 12 cameras around Town and is currently trying to get a grant to add more.
Police Chief Welsh confirmed this saying it was a Homeland Security grant.
Mr. Bourke concluded by offering his services as a consultant to the Town.
John Kilduff noted that the Supervisor had mentioned legacy contaminants in the bog as being a possible cause of the pollution. However, he and other witnesses have seen the mulch operator using significant amounts of water from the mine to put out fires and that water contains some of the pollutants. Also, he finds blaming legacy contaminants in the bog a little hard to understand considering how flooded that entire area was after Hurricane Irene. He feels the area should have been washed pretty well clean afterward.
Supervisor Dolan replied that this could and would be explained better by the water expert consultant at the next meeting.
Alan Heywood inquired whether or not the DEC would have representatives at the next Town Board meeting as well and expressed his opinion that they should.
The Supervisor responded that he would certainly make that request, but it would be up to the DEC whether or not they felt they could attend.
Jim Hays asked if the Supervisor would release the DEC data that The Town has received.
Supervisor Dolan responded he would do so “if the DEC authorizes it.” He further commented that there was “nothing much to it.” (meaning the data).
Uli Pendl declared that he thought the April 13th letter from the DEC was a “blatant indictment of the competence and quality of the Town Board.” Commenting that the Board had just heard from Mr. Bourke decisive questions and suggestions about the accountability, he wondered, “don’t you know what, up to the cent, the owner of the mulch pile paid us, the taxpayers who now have to pay $66,000 in fees and penalties to the DEC? You are in violation of simple things like promises to the DEC to fix the leak in the water system. I don’t understand how you can sit here without the answers when all of us who you said many people in Town told you to ‘forget the crazies’—and I’d like to have a list of those people who call us crazies—if there would be a recall…” The Supervisor interrupted him at this point and Mr. Pendl went on, “I am paying your salary!” Supervisor Dolan replied, “no, you’re not paying my salary, everyone pays everyone’s salary.” The Supervisor interjected, “Mr. Pendl, you can be respectful or you can be disrespectful. I know you didn’t pay attention to this, because obviously you don’t pay attention to very much, you see now I’ll be disrespectful to you, and the Town does not pay the fines, the operator pays all the fines.” Mr. Pendl further stated that if a recall vote were possible, he would be organizing one, but since Tuxedo does not have recalls, he wondered if the Supervisor would like to resign? Supervisor Dolan commented that the DEC letter had been incorrect and that the Town had answered all the charges.
Patsy Wooters inquired as to what the Town’s instructions to their water specialist had been or more specifically what they had been tasked with doing.
Engineer Jeff Marsden replied the specialist had been asked to investigate the fish kill and any potential for the mulch facility to have been the cause of it. They were asked to do testing on the water from 4 Corners Pond all the way up to the mulch facility as well as the water being used at the site. Additionally, they had been asked to examine the site itself and render a determination as to what they feel might have contributed to the fish kill. When the experts visited the site, they found some seeps that no one had known about before.
Kiki Nelson asked for clarification of the seeps and was told that they were places where water was coming out of the side of the bank. The Town subsequently instructed the operator to reduce his pumping and in follow up visits, visits, they found the areas had dried up. Perfect Cut will be installing a 10,000 tank in the stone trench to further collect the water.
Councilman Matthews asked if the Engineer thought a 10,000-gallon tank would accommodate all the pumping that is done on the site.
Mr. Marsden responded no, the purpose of the tank was to provide additional water in case there was a problem with the surface water.
Councilman Matthews then suggested that it might be helpful to bring the mulch pile down to nothing once a year so that all the old decomposing material could be removed. He said he thought there were probably areas of the pile that hadn’t been touched in years because of the size of the pile plus the fact that they pull mulch from the front of the pile.
Mr. Marsden replied that this suggestion does make sense but that he believed that the size of the pile was based on how much material was sold and when it was sold and he didn’t think that the Town could tell the operator how to run his business.
Supervisor Dolan suggested that the pile was larger than normal because of all the debris from Hurricane Irene. He offered, as an example, the Ramapo River between Tuxedo and Sloatsburg which still has 500-600 trees lying in it leftover from the hurricane because there is no place to put them.
EJ Matthews commented that he hoped Mr. Guggino would indeed appear at the next meeting, as he would like him to explain how the mulch pile got as big as it did. He also inquired if there was any kind of liner under the pile and was told that there is not.
Mr. Matthews then wondered what made having this mulch operation so attractive to the Town of Tuxedo? He thought surely there must be other ways of making money.
The Supervisor replied that he didn’t know if there were other ways to make money and he felt it was important for people to remember the history of this project. Perfect Cut used to be located on the banks of the Ramapo on DeMarino’s property. When it was there, the Town received numerous complaints from residents as well as the School, mostly about the odor. It had been was the Supervisors’ idea to move the operation to the Highway Department property in order to get it away from both the river and the School. Perfect Cut grinds all the Town’s brush and weeds for free. When Supervisor Dolan first took office, the Town was in bad financial shape and in his view; this business has helped to remedy that situation.
Meg Vaught asked if there was any kind of legal mechanism that the Town could employ to perhaps suspend operation at the mulch pile until the test results are in. She understands that the Town cannot shut the facility down completely without proof that they are causing the pollution, however time is ticking by as the Town continues to wait for various analysis and test and in the meantime, the operation is just going on. She wondered at what point an attitude of “better safe than sorry” would make sense?
Supervisor Dolan responded that The Town has a 30-day contract with Perfect Cut and they can exercise the right to close them down at any time.
Sue Scher wondered if there was a point where the Town would say “enough?” If the piles are now at 50 feet and more mulch comes in, where will the operator put it?
The Supervisor replied that the Board was talking about instituting a system whereby the operator would be notified that he had to reduce the height of the pile and if it wasn’t reduced within a certain period of time, the operation would be stopped. He cautioned however, that the Board needed to meet and talk about it.
Bonny Takeuchi inquired as to what specifically the water specialist had been asked to test for? She commented that she had attended a recent Village Board meeting where this issue had been discussed and that it had been suggested that the experts need to be given specific direction in terms of what to look for. Should the results of water testing come back and show no pollution, she worries they would only show that there was no pollution from the specific things they were asked to test for and that there could well be other toxins present. The Supervisor responded that the DEC had done only very minor testing but that the Town had asked for the “whole kit and caboodle.”
Councilperson Spivak added that the Town would also be testing the mulch itself and Councilman Matthews suggested that the topsoil and fill on the site should be tested as well.
Patsy Wooters asked if the Town had been aware of Perfect Cut and John Guggino’s history when they invited them onto Town land.
Mr. Dolan responded that yes they had, but then amended that to say he had not had all of the details, commenting that he was not “in the habit of doing Google searches on individuals”.
The Supervisor then closed the subject of the mulch operation reiterating that at the next Town Board meeting he hoped to have representatives from the Town’s water specialists as well as the DEC and Mr. Guggino present to answer questions.
Mary Graetzer urged the Board to give some thought to holding the meeting at a larger venue (other than Town Hall) such as the GGM Cafetorium or Eagle Valley Firehouse as she feels that a lot of Town residents are interested in the subject and will want to hear what is said.
Resolutions:
The following resolutions were passed:
- A resolution to authorize the retaining of William R Beckman as Special Appraiser for Tax Certiorari Proceeding involving Orange & Rockland Utilities
- A resolution to grant a Special Permit for Off-Road “Hare Scramble” Race at Tuxedo Ridge on May 5-6, 2012. This is the same as last year except they will not be crossing the road this year.
- A resolution to authorize execution of Agreement for Police Coverage for the Renaissance Faire 2012 Season. This is the same agreement as every year.
- A notification of proposed United Water Increase. They are proposing a 57% increase over 3 years. The Town will protest and ask for a public hearing.
- A resolution to grant Special Use and Special Sign Permits for the Library Memorial Day Community Picnic to be held at the Library on May 28th from 11:30 am to 2:30 pm
The meeting was adjourned into an Executive Session.
back to top
Agenda for Town Board Meeting April 30, 2012
Call to Order
Pledge of Allegiance
Minutes
Monthly Reports
Public Comments on Agenda Items
1. Town Supervisor/Town Board Update
2. Resolution to Approve Inter-Municipal Transfer of Police Officer Dan Sutherland from Town to Village of Tuxedo Park and Police Officer Ryan Eirand from Village to Town
3. Resolution to Authorize Retaining of William R. Beckman, MAI, CRE as Special Appraiser for Tax Certiorari Proceeding Entitled, “Orange and Rockland Utilities, Inc. v. Town of Tuxedo”
4. Resolution to Authorize Issuance of Refunding Town’s 2003 Serial Bonds to Realize Lower Interest Rates
5. Resolution to Grant Special Permit for Off-Road “Hare Scramble” Race at Tuxedo Ridge May 5-6, 2012
6. Resolution to Authorize Execution of Agreement for Police Coverage for Renaissance Faire® 2012 Season
7. Notification of Proposed United Water Rate Increase
8. Notification of Public Informational Meeting Regarding East Village Bridge Replacement at 8:00 p.m. on May 17, 2012 at Tuxedo Town Hall
9. Resolution to Grant Special Use and Special Sign Permits for the Library Memorial Day Community Picnic at Library on May 28, 2012 from 11:30 a.m. to 2:30 p.m.
10. 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 the duties of a certain Town consultant
Adjournment
back to top
Town Board Meeting Rescheduled
Please note that the Town Board meeting originally scheduled to be held on Monday, April 23, 2012 has been rescheduled to Monday, April 30, 2012 at 7:30 p.m. at Town Hall. The Community Room is unavailable on Monday due to room set-up by the Board of Elections in preparation for the 4/24 Presidential Primary.
back to top
Town Board Meeting April 9, 2012
The Town Board met on Monday, April 9, 2012 at 9 am. Councilmembers Spivak and Matthews were absent.
Supervisor Dolan opened the meeting by explaining that the reason the meeting had been rescheduled for 9:00 am was that he, along with Councilman Matthews and Councilwoman Spivak would be unable to attend at the regularly scheduled 7:30 pm meeting. (without a quorum, consisting of 3 or more Board members, the Board cannot legally meet)
He then asked for a moment of silence in memory of Town residents Jeannette Coviello and Charles G. LaBar, Jr., both of whom passed away recently.
Supervisor’s Update:
Supervisor Dolan stated that because the entire Board was not present, he would not be giving a Supervisor’s report.. He will give his report at the next Town Board meeting.
Resolutions:
The following resolutions were passed:
- a resolution authorizing the settlement of International Paper Company tax certiorari
- a resolution authorizing the execution of assignment agreement to transfer Town Accounts from HSBC Bank to First Niagara Bank as HSBC has sold their branches to First Niagara.
Public Comments:
The Supervisor opened the public comment period by stating that he was aware that the a majority of the sizable audience was there for an update on the Four Corners Pond investigation. He reported that he and the Town’s consultant from Land Use of Medford had met with the DEC on March 29th. Present at the meeting were DEC Regional Director William Janeway along with 8 other DEC employees. The group came to no definitive conclusion as to what had happened at Four Corners Pond. Subsequently, the Supervisor met with 2 more DEC agents who came down to do water testing in several spots including the compost shack monitoring the water source, the culvert pipe transecting Long Meadow Road, the beaver dam at the intersection of Long Meadow Road, the Power Line crossing and all of the mine shafts that feed through the area. He commented that he understood that some people were concerned about the quality of their drinking water and further stated thathe could “absolutely and categorically state that there is no connectivity from that area to the water that goes into Tuxedo Lake.” He said that statement had come directly from the DEC. He went on to say that the the presence of foam on the tributaries that may go into Tuxedo Lake could have been caused by a combination of high pollen and mineral levels.. It is not unusual to see foam on these tributaries and it means nothing. What is unusual, however, was the fish kill on Four Corners Pond and this is what the Board is focusing their concern. Supervisor Dolan then stated that while people were welcome to ask questions, and he would certainly tell them what he knew, Commissioner Janeway had requested that they keep it “relatively quiet.”
Jim Hays informed the audience that on Saturday, April 7, the Supervisor and Councilmen Phelps and Loncar had completed a a site inspection at Perfect Cut along with himself, Sue Scher, Patsy Wooters and Geoff Welsh. He expressed concern, commenting that in his view what is happening in Warwick Brook is a visible environmental disaster but what is happening with the groundwater, and the system that the Town has designed to introduce the “organic slime” coming from the mulch facility into the groundwater in not openly visibile. During his site visit, he observed that the pipes are full of slime and it is seeping into the swamp as well. He feels that the slime may also be seeping into places that they didn’t see.. He is very concerned that the mulch pile is polluting the groundwater. If that is the case, it will pollute the surrounding wells and it could also pollute Tuxedo Lake as there are springs in that Lake that are probably charged on that plateau. While there may not be a surface connection between the mulch pile and Tuxedo Lake, that doesn’t mean that polluted water isn’t getting into the streams that feed Tuxedo Lake. Mr. Hays went on to say that he would feel more comfortable if the Board would take a more aggressive stance by taking their own tests and trying to find out what happened rather than sitting back and letting the DEC provide directive. The Town of Tuxedo is Perfect Cut’s landlord, and thus they are responsible for the site. Mr. Hays is uncomfortable with the “cozy relationship” the Board seems to have with facility. In his view, it appears as though the Town is in business with Perfect Cut and he thinks this is inappropriate. He feels they should keep a distance from Perfect Cut and supervise what they’re doing, rather than acting as though they were partners.
Mr. Dolan responded that he had hired the consulting company, which was recommended by the Town engineers, H2M and that these consultants spent time on the site and met with Perfect Cut before accompanying the Supervisor to the meeting with the DEC. The consultants are presently working with the DEC to find the cause of the fish kill. Supervisor Dolan remarked that there might not be any one thing in particular that had caused the fish kill. Rather, there could be a lot of different things that contributed to it. There has been no rain for a long time and there was no real winter to speak of. The Supervisor feels that fish kills could unfortunately become more common in this area. 1500 fish have died in Rockland Lake in Rockland County. Also, the discharge of thousands of gallons of water from the beaver dam must to be taken into consideration.
Mr. Hays responded that the stream had been polluted from the marsh adjacent to the mulch pile all the way down to the Wee Wah, so, in his opinion, whatever happened along the way didn’t cause the pollution. Perhaps, the release of oxygen deprived water did contribute to killing the fish, but if that were the case, the stream would be clean now because it would be refreshed with fresh water. This is not the case though, and the stream is not clean because it’s being refreshed with contaminated water from the marsh next to the marsh pile.
The Supervisor responded that the DEC had tested the mine shaft last week and they think that it is the main source of the water and that that it potentially contains high levels of iron. This water has always had this content and has never been potable. It is the Town’s belief that the containment system, (which was designed to contain 100,000 gallons of water and approved by the DEC)would take care of the problem. If the Town finds out that it’s not working, then they will address it. At this point, there is not much they can do except to wait for the scientists to give their analysis. .
Sue Papke asked if the Supervisor could outline the increase in revenue for the Town that accompanied the increase in the height of the mulch pile.
Supervisor Dolan responded that the Town received about $200,000 per year from the mulch operation.
Mrs. Papke then inquired as to specifically where the increase could be found.
The Supervisor replied that the facility sells roughly the same amount of material every year. He added that because of the size of the pile, he expects that the Town will make roughly $300,000 this year.
Mary Graetzer commented that she didn’t understand why, if the Town had increased the height restriction on the mulch pile from 25 to 50 feet, and they had done this early on in the relationship with Perfect Cut, they had never bothered to rewrite the contract to reflect this.
The Supervisor replied that the Town was acting as a landlord and this was standard practice for landlords. …”sometimes people pay on the 1st of the month and sometimes the 9th. “
Mrs. Graetzer responded that in her experience, while that was standard practice for landlords, she didn’t think changing the height restriction was the same thing at all as what day of the month the rent was paid and she feels the contract should have been rewritten.
Jake Matthews observed that the DEC might not have the tools with which to oversee a facility like Perfect Cut. Given the location of the facility, he feels the Town should hold itself to a higher standard considering the fact that residents’ drinking water as well as the air quality in the area are at stake. Just because DEC regulation may be behind it, doesn’t mean that the Town should take advantage of that at a cost to its residents and environment. Mr. Matthews then read off a list of consent orders with the DEC beginning with March 2007, Feb. 2008, March 2010, Oct. 2010, October 2011 and ending with a fish kill in March 2012. It appears to him that the Town has a record of consistent violations and that the DEC is unable to regulate mulch facilities. He feels the lease agreement is flawed and that it has never been updated. He suggested that perhaps the Town could go to a flat rent rate, making the same amount of money and at the same time making the constraints of the pile much smaller. He also wondered if logs were covered under the agreement as well as dirt and topsoil. He noted that Perfect Cut seemed to have taken over most of the Highway Department site. He further stated that the brown thick sludge and leachate visible in Warwick Brook and also seen at Duck Hollow on Tuxedo Lake is not the ordinary foam that is sometimes seen on streams. Finally, he wondered when the Town’s new website would be up and running,commenting that the Town had announced at its reorganization meeting in January that a new website was coming. In March, a newsletter went out and in the body of which , it was reported that the new website would be up and running the first week in March but on the back page of the letter, it was reported that the site would be up the second week in March. Now it is April, and a new website still has not been launched. \.
Town Clerk Laurent said there had been some problems with the new site but that it was in the beta stage now where only Town employees have access to it. If all goes well, it should be live by the end of the week.
Lance Larson of Tuxedo Park commented that in his view the mulch pile creates conditions that are intolerable for living things. He feels it doesn’t belong on the watershed or in the State Park. The parkland was purchased by the states of New York and New Jersey to protect the watershed andhe feels there is a moral obligation to the people for the mulch pile to be removed. The money that the Town is receiving as rent is inconsequential when compared to what is happening to the environment and the health of the people involved.
Supervisor Dolan responded that the Tax Assessor had recently informed him that PIPC was attempting to have their property value reduced by 32% so the Town’s revenues could go down and thus the taxes would go up.
Michael Squillini asked if he could see a copy of the “as built” plans for the containment system at the mulch facility and he was told that he could.
Mark Coviello commented that he thought it was going to take more than $200,000 to clean up what was happening at the mulch facility site and he wondered who was regulating what was happening at the site?
The Supervisor responded that the site had multiple visits from the DEC and that there were many different mulch operations within the state and every single operation has a consent order against them. Mr. Coviello asked if all the fines had been paid. The Supervisor replied that they had. He further stated that the Town could fight the consent orders and he felt they would win, but it had never been the Town’s position to fight orders from the DEC, and that they chose instead to be as compliant as possible
Jake Matthews commented that as long as the fines were much less than the money being made on the facility, it was a vicious circle unless the Town had the nerve to step up and end the cycle by stopping the leachate going into the wetlands.
Alan Heywood noted that it had been suggested at the last Town Board meeting that the mulch operation should be shut down or curtailed until all the tests came in and he wondered if the Board had given that any further thought? Councilman Phelps responded that shutting the facility down would be like saying “guilty until proven innocent.”
Mr. Heywood commented that there had also been allegations of encroachment on setbacks and wetlands as well as allegations of gunshots fired to drive people away and irregular activity at the site at all hours of the day.
Supervisor Dolan responded that the Town had looked into every one of these things and they were allegations and nothing more. Mr Heywood further stated that he was amazed that the Town Board seemed content to blindly carry on and ignore the voice of concern expressed by almost everyone attending the recent meetings.
The Supervisor responded that they were not blindly carrying on, but he feels they must be responsible and wait for the scientists to report back as to what exactly is happening. Once the scientists submit their report, the Board will make it public and if there is something they don’t like, they will go from there.
Michele Lindsay commented that since this situation hadn’t been forced upon the Town, rather they had chosen to let the mulch operation exist here, the concerns that have been raised are very valid and she feels the site should be shut down. She also added to the list of concerns the danger of fire. Her property borders the facility and there has already been at least one fire where the smoke lasted for a couple of days. She feels the revenue that the Town is getting is inconsequential when compared to the potential environmental costs.
Mr. Dolan remarked that there were also people in Town who were happy to have the mulch operation in existence and that he had heard from many of them begging him not to let “those other people” force the Town to shut it down. In the roughly 6 years that Perfect Cut has been located in its present site, there have been no problems until the recent fish kill. When the scientists determine the cause of the Kill, the Town will take steps to make sure the necessary corrections are made.
Mrs. Lindsay then stated that she was concerned about the mulch coming out of facility, commenting that all the landscapers she knew were refusing to use it.
The Supervisor replied that Tuxedo Park Landscapers were refusing to use the mulch because John Guggino would not accept leaves from Tuxedo Park this year.
Mrs. Lindsday replied that she felt the contractors have been refusing to use the mulch for a couple of years now. She also expressed her concern that after having driven Long Meadow Road between 9 and 9:30 at night, she had seen trucks going in and out of the facility.
Mr. Dolan responded that Perfect Cut had people on the facility 24 hours a day and that the Town wanted it that way. Also, sometimes truck drivers wanted to get an early start on their day so they would arrive at 4 or 5 am.
Finally, Mrs. Lindsay commented that Jake Matthews had mentioned Duck Hollow and she wanted to make sure that the Supervisor was aware that this was located on Tuxedo Lake and this called into question the DEC’s assessment there was no connectivity between the mulch operation and Tuxedo Lake.
Supervisor Dolan replied that the DEC had taken samples from all the tributaries that could potentially flow into Tuxedo Lake.
Jim Hays asked if those results were in and was told that the DEC was keeping the results to themselves until they had figured out what was happening.
Mike Squillini stated that he had walked the property and that it appears to him that all of the swamps are connected by underground fissures. He feels that the Town is hiding behind the DEC and he wondered if everyone had forgotten what happened with the DEC 20 years ago.
Mr. Dolan replied that the Town had hired a company that was not paid for by the DEC, but had been approved by them.
Mark Coviello wondered if the Town had envisioned an operation the size that it is when it first allowed the mulch business to move to the Highway Dept. site. He remarked that he didn’t often drive past the site and he suspected that not many Town residents did, but he had done so recently and couldn’t believe his eyes. Perfect Cut has taken over practically the entire site and he feels someone needs to put the brakes on it.
Jake Matthews inquired if it would be possible for the Town to ask Perfect Cut to immediately reduce the size of the mulch pile, both in height and width.
Mr. Dolan responded that all the Board was going to do for the present was to try to figure out exactly what is going on. Based on their determination, they may then decide to do that.
Mr. Matthews replied, “even when the Townspeople want it reduced?” The Supervisor retorted, “don’t say the Townspeople! The same 30 people show up here and are against this thing. I talk to a lot of people and the Townspeople say to me, ‘Peter, don’t listen to them! Don’t cave in to these crazies!”
Mr. Matthews asked why these people were not attending these meetings and Mr. Dolan replied, “they are working, they’re busy doing other things.”
Mr. Matthews then urged the Board not to wait for the DEC and the scientists, but to do something about the problem. Councilman Loncar replied, “We have to base our decisions on science. If it comes down that there’s a problem with it, we’ll do something about it. The last thing we want is a problem with the water, but we have to base our decisions on science—not what we feel, not what we think, but based on facts.”
Jim Hays asked why the Town didn’t conduct testing themselves, prompting the Supervisor to say, “didn’t you listen to me? I said we had hired Land Use Ecology and we’re waiting for the results!”
Mr. Hays then asked when they would have the results and Mr. Dolan said they had some results, but were waiting for the scientists to “figure it out.” After some conversation with Town Clerk Laurent, it was established that the company’s name is Land Use Ecologoical Services.
Matthew Shook of the Highlands Environmental Research Institute (HEnRI) stated that they were a non advocacy group and thus would not be giving an opinion as to whether or not the Town should close the mulch facility. However, their Executive Director is a hydrogeologist. Mr. Shook feels that the main issue seems to be that the surface waters, those flowing down Warwick Brook and into the Wee Wah (and thus into Tuxedo Lake) aren’t clean. Here in the Highlands region, , the rock underneath is very hard, crystalline rock which is so old it’s been broken into big chunks and those chunks have large fractures between them that act like aquifers or pipes for the water. Most aquifers have sand and gravel to filter the water, but the Highlands don’t have that, so any water that gets into the groundwater and flows through the “pipes” is NOT clean. Mr. Shook offered to provide maps of these fractures to the Town. The fractures flow north from the mulch pile and east into Tuxedo Lake. Mr. Shook doesn’t know if the water has gotten into Tuxedo Lake because that would have to be borne out by testing, but he stated that there is certainly potential for that to happen. In addition, Wee Wah Lake and Tuxedo Lake are also linked. While he hasn’t seen what the people hired by the Town are testing, he would urge them to test the groundwater as well because he feels that is the main concern.
Councilman Phelps asked how deep the fractures were and the response was that they are not very deep. Some can even be seen on the surface. The Highlands has very poor, acidic soil, which is very close to the bedrock, and it varies how deep the fractures are. Mr. Shook didn’t know how deep they were in the area between the mulch operation and the lakes in Tuxedo but he said that information, as well as maps of the fractures, could be given to the Town by the people who had done the study of the region at HEnRI.
He was then asked what keeps oil and salt from the roadways from getting into the aquifers and he responded that told in this region, the only thing that protects the groundwater is the forest and that is the reason why there is so much push to protect the forests in order to protect the water quality. In the Ramapo Valley, it is slightly different but at a higher elevation , like Tuxedo,, that water basically filters through whatever dirt is there directly into the aquifer.
Mr. Shook was then asked for his contact information and also to identify his boss.
He said his boss is Dr. Gates, Chair of the Environmental Science Department at Rutgers University.
Michael Squillini asked questions about the logs on the mulch site and in particular what had happened to the logs from the trees which Perfect Cut cut down in order to accommodate the mulch pile. Supervisor Dolan responded that he didn’t know but that the Town did not receive any income from the logs.
Jake Matthews wondered should the testing from both the DEC and the scientists come back indicating that nothing is wrong with the mulch facility, whether the Town would be open to revising the contract and changing their approach to the mulch operation if enough residents were in favor.
The Supervisor responded that he couldn’t speak for the rest of the Board but of course he would be open to that. He went on to point out, however, that he knew some people felt that Sterling Forest State Park shouldn’t be touched, but it takes up a great percentage of land in the town and the Town needs other streams of revenue in order to keep taxes down.
not located on the watershed, where the operation could be relocated.
Supervisor Dolan replied that yes, the Board had seriously considered a piece of property owned by the Related Company that they had thought about potentially acquiring for that purpose. He went on to say that the Board wants to keep town services where they are and the Town of Tuxedo is still relatively solvent, but if one looks at other towns in Rockland County, they are insolvent and thus are starting to cut services. He doesn’t want that to happen here.
Sue Papke asked what the Town is doing to encourage other sources of income.
The response was “what could we do? We have NO property available for any growth
Lance Larson stated that he didn’t feel that money justifies something
that is morally wrong. If there is a problem with revenues, the Town should address that problem but l not by doing what us morally incorrect.
The Supervisor replied “ so when your mother in law dies in your house and it takes an hour and a half for the police to show up because we’ve had to cut those services, then you’ll wonder what happened. . We have to address revenue.”
Mr. Larson responded that in this case the end doesn’t justify the means.
Jake Matthews asked about the Town’s plans to make a dog park in town. He wanted to know what the associated costs would be. Supervisor Dolan responded that it would cost about $5000, which would mostly be used to pay for fencing. He said they thought the best location would be at Powerhouse Park and that dog parks were the number one used amenities in municipalities.
Mr. Matthews asked how many people in Town had been asked if they wanted a dog park and the Supervisor replied that he had been asked about that more than any other thing. He said that anyone who has a dog, wants a dog park. The fencing will be purchased as part of a package deal, which includes more fencing at Murphy and Tichy Fields. It should be installed within the next 4 weeks.
The Supervisor closed the meeting by saying that he hoped he would have more information by the next Town Board meeting and that the mulch operation would appear on the agenda at that time.
back to top
Agenda for Town Board Meeting April 9, 2012
Call to Order
Pledge of Allegiance
Period of Silence and Reflection to Honor Memories of Jeannette Coviello and Charles G. LaBar, Jr.
Minutes
Monthly Reports
Public Comments on Agenda Items
1. Resolution to Authorize Settlement of International Paper Company Tax Certiorari
2. Resolution to Authorize Execution of Assignment Agreement to Transfer Town
Accounts from HSBC Bank to First Niagara Bank
3. Any other business as may come before the Board after this Agenda is posted
Public Comments
Budget Transfers
Vouchers
Adjournment
back to top
Town Board Meeting March 26, 2012
The Town Board met on Monday, March 26, 2012 at 7:30 pm. All members were present.
Town Supervisor/Town Board Update:
Supervisor Dolan read into the record a letter written by Building Inspector Dave Maikisch to the NYS Thruway Authority in which Mr. Maikisch noted his satisfaction with the progress of the removal of the berm in the East Village. This work should be finished within a week. He requested that the Thurway Authority certify that the area had been brought back to its preconstruction topography once the work has been completed.
The Supervisor reported having met with County officials on March 15 with regard to a new bridge to be built over the Ramapo River leading into the East Village. The proposed bridge will be 100 feet long, which is 45 feet longer than the existing bridge. The additional 45 feet will be added to the Route 17 side. The river bed will be cleaned 125 feet north of the bridge and 70 feet below the bridge. The bridge will be constructed of concrete and designed so that in a 100 year flood, the water could be 4 feet above the bridge and in a 50 year flood, it could be 2 feet above the bridge. Plans are for the project to go out to bid in 2013 with completion set for 2014.
Resolutions:
The following resolutions were passed:
- a resolution authorizing the Town Clerk to attend the New York Association of Local Government Records Officer Training School to be held in Syracuse, NY June 4-5, 2012
- a resolution consenting to sales of raffle tickets in the Town of Tuxedo by Occupations, Inc. of Middletown
- a resolution proclaiming April 2012 as Prevention of Animal Cruelty month
Public Comments:
Supervisor Dolan acknowledged that most of the people in the packed room had come to hear about the Fish Kill and stated that he would open the discussion by telling them what he knew about the situation. He then reported that on Wednesday, March 14, he had received a call from Highway Superintendent Ed Pfizenmaier informing him that there had been a fish kill in 4 Corners Pond and that there were 2 DEC agents at the Highway garage property inspecting the mulch operation. The inspectors remained at the facility for about half a day. The Supervisor also received a call from Willie Janeway, DEC Region 3 Director, after which he drove out to the pond and took multiple pictures. On March 21, Supervisor Dolan received another call from Commissioner Janeway, who said that he had had multiple calls from many concerned people and that he would like to inspect the facility again. This he did, bringing 6 agents with him to aid in the inspection. . In a phone conversation the next day, Mr. Janeway reported that the finds were not conclusive.
The Supervisor, Town Engineer Jeff Marsden and Building Inspector Dave Maikisch also inspected the mulch operation and it was Mr. Marsden’s recommendation that the Town hire a water quality biologist to come and help determine the cause of the problem. The Town subsequently hired a firm from Melville, LI who will be in Tuxedo on Tuesday, March 27 and Wednesday, March 28 to inspect the mulch facility, the bog, 4 Corners Pond and the culverts. In the meantime, the Supervisor and all of the Board members have been out to the site and have also looked at the mulch operation, the bogs, the marsh, the culverts and the beaver dams. The Supervisor suggested that “pond turnover” might be a possible reason for the fishkill and he circulated a handout on that subject. He strongly reiterated that he was not suggesting that pond turn over had caused the Fish Kill, only that it was one possible cause The meeting was then turned over to public questions and comments.
Rodger Friedman of Warwick inquired as to what the Town was planning to do if it was detemined that Perfect Cut ( mulch operation) was the source of the pollution. Supervisor Dolan responded that should this occur, the Town would probably have to shut the operation down.
Ron Rossi of Tuxedo inquired about the removal of a beaver dam near Four Corners Pond and specifically as to the date on which it had been removed. Supervisor Dolan responded that about 2 weeks before the fish kill, multiple beaver dams in that area were removed and the PIP cleaned out the culvert that stretches across 4 Corners Pond. This culvert had been completely blocked by debris from Hurricane Irene and as a result of the clearing, the level of the pond was reduced by 2-4 feet. PIP also cleaned out multiple other culverts in the area and this in combination with the aggressive clean up of beaver dams gave rise to the theory that the Fish Kill was the result of a blast of oxygen deprived water that rushed through the area following the destruction of the dams.
David Furman of Tuxedo wondered why it was essential that the mulching operation remain open during the investigation. He also wanted to know if it was true that Perfect Cut was using potentially contaminated water pumped from an old nearby mine shaft to hose down the pile. Supervisor Dolan replied that since they have not determined the cause of the Fish Kill, they cannot close anyone down. Once a cause has been determined, they will make an informed decision. He also informed Mr. Furman that the Town has always used water from the mine shaft and that .the shaft feeds the creek that feeds 4 Corners Pond.
Jim Hays of Tuxedo Park asked who was responsible for the mulch pile , specifically whether it belonged to the Town or to Perfect Cut. He further inquired as to who would be responsible for the pile in case of a violation. Town Attorney Nichols replied that the Town of Tuxedo is responsible and they have an arrangement of indemnification with Perfect Cut. Mr. Hays then wanted to know to what degree the DEC monitors the mulching operation.
Supervisor Dolan responded that the DEC visited the facility roughly every 60 to 90 days and that only 2 weeks ago, they had made a spot inspection and found no problems. Finally, Mr. Hays asked if there were any other bodies of water in the vicinity of 4 Corners Pond that were also suffering from the low oxygen condition but were not connected to the mulch pile? The Supervisor replied that he did not know.
Mr Hays remarked that when there was a huge pile of organic matter sitting on the edge of a marsh, it was highly likely that some of that organic material would get into the marsh and that this leakage could/would cause a low oxygen condition. The reason for this is that organic matter reduces the oxygen level when it oxidizes. Thus, in his view, the mulch pile is a prime candidate for having caused the problem.
Melissa Rossi of Tuxedo asked why the mulching operation had been allowed to exist in a “fire zone,” and expressed concern about Perfect Cut’s practice of spraying the pile with water from an abandoned well. This water, she felt , might be contaminated and was running off the pile and back into the wetlands and streams. She was told the operation has a containment and filtration system and that all organic matter is filtered out before the run-off water goes back into the groundwater. Mrs. Rossi also wondered how many trucks were coming into the facility on a daily basis. Mr. Dolan responded he couldn’t tell her exactly how many off hand but he believed that roughly 15 trucks entered the facility on a given day. There is someone on site 24 hours a day and a log is kept of the trucks coming in and going out.
Melissa Fairman of Tuxedo asked if a copy of the log would be available to the public and the Supervisor said that it would be.
Sue Papke of Tuxedo remarked that she had heard stories of trucks coming into the facility at all hours of the night and wondered who was monitoring the contents of the trucks as they came in? She was told that most of the traffic on Long Meadow Road is not associated with Perfect Cut. No trucks are dumping in the middle of the night. People see trucks coming in and out of the facility in the middle of the night because there are people there working at that time. Police Chief Welsh added that there had not been any incidents with trucks at the mulch pile in the middle of the night. Mrs. Papke then asked what the hours for dumping were. She was told that there were no specific hours for dumping and that the yard is open 24 hours a day. She then wondered if the Town knew what was in all the trucks and if so, how.The reply was that the facility was being monitored by multiple people and that 99% of the loads were made up of brush and stumps. Only organic material is allowed into the facility. Mrs Papke then referenced Perfect Cut’s lease agreement with the town, specifically as it refers to the permitted size of the pile. Pointing out that the agreement sets a clear 25 ft. height limit, she inquired as to why has the pile had been allowed to grow to its current height. She was told that her information was incorrect and there was not 25 ft limit. When she again referenced the lease agreement, Supervisor Dolan stated that the DEC has no restriction on height for organic material and so the Town Board had raised the limit to 50 feet when they realized that 25 feet wasn’t working. He further informed her that there is a pole on the property marked at 50 feet to make sure that the pile doesn’t exceed this height.
Michael Squillini of Tuxedo inquired about , about all the dirt and concrete that comes into the facility and whether or not this constituted organic material.
He was told that the highway department, not Perfect Cut, uses the dirt and concrete. Mr. Squillini then asked if the Town was planning to compare their water samples with those taken by the PIP and Tuxedo Park.
Engineer Marsden replied that currently, the Town only has plans to have a water quality biologist inspect the site and that the results of this inspection will determine whether or not samples need to be be taken. He further explained that the biologist would first walk the site and then suggest whether or not testing needed to be done and if so where. Mr. Marsden plans to accompany the biologist on his inspection.
Mr. Squillini then wanted to know what happens to the water that runs off the pile. Mr. Marsden explained that he had designed the water containment system on the site, which is made of crushed stone with filter fabric in it. It collects the water, stores it and allows it to travel down before it goes out and thus creates a filter between the site and the wetlands. The DEC approved the designs for this system.
Kiki Nelson of Warwick commented that it sounded like they had designed an excellent system for filtering out the organic material from the water, however the problem in this case has to do with the acidity levels in the water, which cannot be filtered out. She believes that the water coming from the facility is responsible for the Fish Kill She further remarked that she feels that the Town must consider at what point the economic benefit from Perfect Cut is outweighed by the loss of the economic benefit of tourism, including hiking and fishing and enjoying the State Park..
Pamela Cromey of Tuxedo Park wanted to know how the Town was explaining the dead vegetation found in the marshes. Supervisor Dolan responded that currently it was winter time and that during the winter the cattails die off. He believes the vegetation will come back.
Alan Heywood of Tuxedo Park wondered if the Town had increased the level of vigilance due to the reputation of Perfect Cut’s operator. Supervisor Dolan replied yes, this was why the Town did spot inspections themselves and also why they were always very cooperative with the DEC. He went on to say that the mulching operation was probably the most heavily visited facility of its kind in the state of New York and therefore he believes it should be heavily regulated and looked at. Mr. Heywood observed that he has witnessed signs of pollution, in the form of Orange foam, flowing down Warwick Brook and into the Wee Wah lake. He wondered if the Town didn’t think that, at least for the time being, there was a more urgent crisis that should cause the facility to be shut down until the cause of the problem can be determined.. The Supervisor reiterated that the Town was looking into the situtation and that based on the information they received from the water quality biologist a determination would be made.
Sue Papke commented that at the November 14 meeting, Supervisor Dolan had stated that the DEC had repaid the Town of Tuxedo for $15,000 and $10,000 fines and yet, when she spoke with Town Clerk Laurent in January, those checks were still , uncashed, in the Town’s safe. She asked for an explanation.
Mr. Dolan responded that he knew Mrs. Papke had campaigned against him and suggested that she had an issue with him to which she replied, “No! I have an issue with the mulch pile!” The Supervisor then stated that the Town had been repaid for the fines. Mrs. Papke retorted, “not according to the information I FOILed. Those checks were written 2 months ahead of time and they were not cashed.”
Bill Anderson, who lives on Warwick Brook Rd., stated that his well was 60 feet deep and located 200 feet from Warwick Brook. When he saw testing going on, he collected some of his water and took it to the testers who told him his water tested “high” Engineer Marsden asked him what it had tested high for, and Mr. Anderson wasn’t sure. Attorney Nichols took Mr. Anderson’s name and phone number so the Town could follow up and contact him for further information from his well. Mr. Anderson also wondered how many gallons of water per day were being pumped from the mines. He was told that it was roughly 100,000 gallons a day.
Peter Wagner of Sterling Forest inquired about the facility’s filtration system and specifically whether it had been built for a certain size of operation. He commented that the pile had grown beyond all imagination, not just in height but in area over the last couple of years. He wondered if there is a limit to the size of the operation. Supervisor Dolan replied that because of Hurricane Irene, there was a massive amount of wood and debris all over the county and that this was one reason for the pile’s dramatic increase in size. The facility reaches capacity every March. Spring is the time of year when mulch is in demand, and so the pile should begin to go down very soon.
Jim Hays brought up the DeMarino dirt pile, located near the southern border of Town. He stated that there is no set back from the river and no berm there, so the dirt reaches down to the riverbanks and has become a constriction on the river. Should there be a flood, the presence of the pile will make a difference to the East Village because it could contribute to the flooding of the Ramapo River. Supervisor Dolan responded that the Town had instituted a lawsuit against DeMarino and subsequently lost. The DEC has stated that there is no violation there
Jake Matthews of Tuxedo Park stated that he had lived in the area since he was little and used to go camping on the Warwick Brook. Back then, he used to be able to scoop the water out of the brook with his hands and drink it – something he would NEVER do today! He noted that there were beaver dams and hurricanes when he was little and that he was hard pressed to believe that the cause of the current pollution problem was anything but the mulch pile. He emphasized that this needed to be further researched and he encouraged everyone to do whatever was necessary to get the proper amount of research done. He also noted that there was foam on other streams, besides Warwick Brook, coming into Tuxedo Lake and he urged the County to do testing on the streams that affect our drinking water.
Alan Heywood asked Supervisor Dolan if he felt he could “put hand on heart” and state that he was fully satisfied with the integrity of the operator of Perfect Cut. Mr. Dolan responded that he knows John Guggino well. In his view, Mr. Guggino had done something wrong and served his time. He went on to suggest that Mr. Guggino’s italian heritage had played a role in his legal problems commenting that the FBI had tried to get him to “rat on his friends and John did not say anything, he did not rat on his friends. I don’t know if he has any friends. I’m sorry the guy’s last name is Italian, that’s part of the reason he was tainted.” The Supervisor then stated that Mr. Guggino had never lied to him or to the Town nor had he ever attempted to offer him a bribe. Rather he had acted as a complete gentleman and had done many generous things for the Town. Mr. Heywood again asked if the mulching operation could be closed down pending the results of testing, and the Supervisor said he needed to wait for facts before taking any action. Also, he pointed out, if they do ultimately close the facility, they will need to get rid of the accumulated mulch and this is the time of year when the mulch is going out so it makes sense to keep it open to allow that to happen.
Councilman Kristian Matthews stated that he wanted to go on the record as being extremely concerned about the drinking water.. At this point he feels that the mulching should be allowed to go on in order to reduce the amount of mulch that is there and that somehow restrictions should be placed on the amount of material being brought in.
Emphasizing that he was not speaking as a County Legislator but rather a citizen who happened to be Italian and President of the Sons of Italy Society, Dan Castricone, stated that he was offended that the Supervisor had drawn anything about Mr. Guggino’s criminal background to the fact that he is Italian. As such, he demanded an apology. Councilman Phelps interjected that the Supervisor had been defending Mr. Guggino and he felt that Mr. Castricone had misunderstood. (Mr. Castricone left the meeting in defiance)
Jake Matthews declared that the Hudson Valley is a “gem of a place,” which people come from all over the country to see. He stated that the Town Board has a responsibility to look out for the environment. He strongly encouraged the Board to do that, “even beyond the circumstacnces with the mulch facility.” Finally, he asked after the “management structure” for overseeing the operation of Perfect Cut and commented that if the contract says the piles can be no higher than 25 ft and now they are 50 ft, someone must have authorized the change as well as to allow the operation to come closer to the wetlands. He wondered if there was a point person from the Board or the DPW who oversees the operation on a daily basis. Mr. Matthews ended with a plea to have someone from the Board be responsible for all environmental concerns in the Town in addition to the mulch pile. . As a reason for this, he cited the fact that the DEC had issued violations for the mulching operation in March of 2010 and yet in October, they still hadn’t been addressed which led to fines for the Town.
Mary Graetzer of Tuxedo Park wondered when the decision to let the mulch pile grow from 25 to 50 feet had been made. She stated that she attends every Town Board meeting and had never heard this decision being discussed or even reported as having been made. Supervisor Dolan responded that he makes decisions all day long and that if he had to report every one of them or make every one of them at a Town Board meeting, nothing would get done.
Andy Rogers of Maplebrook noted that the Village of Tuxedo Park had drawn down the level of Tuxedo Lake to repair their dam, and wondered if that could have had any effect on the situation. The Supervisor responded that the Village had lowered the level of Tuxedo Lake and also had its DPW on another of their lakes and these things had to be taken into consideration.
Melissa Rossi asked about the possibility of installing cameras at the site to record the trucks going in and coming out. Councilwoman Spivak responded that they did not intend to install survelance cameras and that while none of the Board was happy with the situation, they would not have a knee jerk reaction. She aknowledged that there are questions that need to be answered, but reiterated that the Board would not make a decision or take action until all the facts had been gathered. Mrs. Rossi noted that the Town had put a camera in front of the train station because “some kids were spray painting a bathroom.” The Supervisor replied that this was not true. Homeland Security was the one to install the camera at the train station.
John Yrizarry asked about the 100 ft buffer requirement from the wetlands stating that he had walked the property and noted that the mulching property was 25 feet from the wetlands at the northeast corner. The Supervisor responded that wetlands constantly moved “back and forth.” Town Engineer Marsden admitted he hadn’t surveyed the property but that the DEC had signed off on the plan.
Sue Scher of Tuxedo asked what the fines levied against the Town for the mulch pile were for. She was told it was because there were too many leaves and subsequently, the facility is no longer accepting leaves from anyone. She also asked if there was a report about the shots that had been heard between 1 and 2 pm on Sunday, March 25 by people who were at the marsh behind the facility.
Sterling Forest resident Mary Bullard recounted that she and Village Trustee Rob Zgonena had been at the marsh and heard what sounded like about 6 shots fired over approximately 5 minutes. She spoke with a “State Park Employee” who said the shots had been intended to scare off the demonstrators who were around the property. Someone from the Park called the police and a police car was seen entering the DPW property. Police Chief Welsh who had been out of town, checked the report and stated that a call had been made and responded to. The officers spent 13 minutes at the site and reported it as being “secure.” Supervisor Dolan stated that this was the first time he had heard of this and he knew nothing about it.
An unidentified woman stated that it had been her experience that the people runnng Perfect Cut had not always been welcoming to residents. She has been asked to leave when trying to take a picture from across the road. After a fire occurred at the facility in 2007, she was told she could not ask any questions about the fire because there was possible arson involved. Supervisor Dolan reiterated that anyone was welcome to view the facility but that there was heavy machinery on the site and sometimes people were not welcomed for their own safety.
Ed Cromey of Tuxedo Park inquired if would be possible for the Board to appoint an Ad Hoc Committee of knowledgable residents who have the time and whose reponsibility would be to oversee the mulching operation. The Supervisor responded that if after all the facts have been gathered, it appeared that the facility needs to be better monitored, this might be a possibility.
Nancy Hays of Tuxedo Park asked where the material going into the facility comes from. She was told it came from 23 different towns in Westchester County all of whom have contracts with Perfect Cut. Mrs. Hays then asked if all these sites were within 50 miles as there is a New York State law forbidding the transport of wood for more than 50 miles.
The Town Attorney agreed this law is in place and the Supervisor said he didn’t know if any of the Towns were more than 50 miles away. Councilwoman Spivak said this would be something the Board should look into. reaction.
Peter Muller, a Planning Board member from Stony Point who is also a certified arborist and landscape architect corroborated the earlier point that this is the season when the mulch will start to “go out.” He also stated that he had known Perfect Cut owner and operator, John Guggino, for many years and could vouch for the fact that he was a good and generous man. He described a process by which the run off from the mulch pile could be collected and used as organic fertilizer and suggested that the Town look into this.
Peter Regna of Tuxedo Park, said that while he thought the Town had entered into the Perfect Cut contract with good intentions, he felt that the current situation should serve as an example of how quickly something that seems beneficial can get out of hand. He remarked that he was bringing this up because the Town currently has before it an even bigger project, worth $500 million, i.e. Tuxedo Reserve, and he hopes that the Board will scrutinize it just as carefully as they will now look at the mulching operation. He feels there are many pitfalls in that project and that theh current situation should serve as an example of what can happen on a much larger scale.
back to top
Agenda for Town Board Meeting March 26, 2012
Call to Order
Pledge of Allegiance
Minutes
Monthly Reports
Public Comments on Agenda Items
1. Town Supervisor/Town Board Update
2. Resolution to Authorize Town Clerk to Attend New York Association of Local Government Records Officers Training School in Syracuse, New York, June 4-5, 2012
3. Resolution to Consent to Sales of Raffle Tickets by Occupations, Inc. in Town of Tuxedo
4. Resolution to Proclaim April, 2012 as Prevention of Animal Cruelty Month
5. Any other business as may come before the Board after this Agenda is posted
Public Comments
Budget Transfers
Vouchers
EXECUTIVE SESSION regarding Notice of Claim entitled Stevens, et al. against Town of Tuxedo
Adjournment
back to top
Town Board Meeting March 12, 2012
The Town Board met on Monday, March 12, 2012 at 7:30 pm. All members were present.
The meeting began with a moment of silence for Town residents Carolyn Minafri and Bruce Sutherland both of whom passed away recently.
Public Comments on Agenda Items:
Andy Berish asked how much the recently dismissed Article 78 lawsuit had cost the Town and how much Tuxedo Reserve would be contributing toward that expense? The Supervisor responded that he would be answering all questions about the lawsuit when he reached it on the agenda.
Town Supervisor/Town Board Update:
The Supervisor announced that long time Town employee Anita Rogers has retired. Her job as Project Coordinator for Building Department, Zoning Board, Planning Board andArchitectural Review Boards will be assumed by Town Employee Deborah Villanueva.
Notification of Supreme Court Decision and Order dated March 5, 2010 Dismissing All Causes of Action in Article 78 Lawsuit brought against the Town by Tuxedo Land Trust, Thomas Wilson, Mary Graetzer, Robert McQuilkin, Peter Regna, Torne Valley Preservation Association and Patricia Wooters:
the Town Board learned of the court’s decision to dismiss the suit early on the morning of Tuesday, March 6. They held an executive session with Town Attorney Howard Protter on Thursday, March 9 to discuss, among other things, whether or not they should countersue the petitioners. They have been advised not to countersue. The Supervisor reported that the lawsuit cost the town approximately $100,000:$70,000 in “physical costs” and roughly $30,000 in fees to the planner plus Board’s time.. The decision will be posted in it’s entirety on the Town website. Supervisor Dolan is hoping that the petitioners will not file an appeal. David McFadden of Tuxedo Park asked where the money to pay for the expense of the lawsuit would be coming from. He stated that he had asked this question at a Village Board meeting and had not received a satisfactory response from the Mayor or the Village Attorney. Town Attorney Don Nichols responded that the money would come from both fund A (both the Town and Village) and fund B (Town only) adding that expenses associated with zoning come out of Fund A butisnce the lawsuit had a combination of zoning and environmllental issues, the money will come from both funds. Mr. McFadden asked if residents’ taxes would be raised as a direct consequence of paying for the suit and if any town programs would have to be cut. He was told that the amount of money could result in a raise of 1 point on a tax bill, but the Town plans to pay the bill out of it’s cash reserve. Mr. McFadden then noted that the Tuxedo Land Trust website states that they are planning to appeal and asked where the money would come from to pay for that and how it would affect his taxes. Attorney Nichols responded that an appeal could cost the Town anywhere from $25,000 to $30,000. Petitioners have 30 days to state their intention to appeal and then 6 months to file the actual motion. He commented that it was easy and inexpensive to file an intention to appeal, but the Town would have to wait for 6 months to see whether an appeal actually materialized. Mr. McFadden commented that he wanted to make sure the Town realized that the suit had been brought by the Tuxedo Land Trust and not the Village of Tuxedo Park and that the Trustees had voted 4 to 1 against joining the lawsuit. Supervisor Dolan commented that he considers the dismissal a resounding victory for the Town and he is not concerned about an appeal. Thanking the Board for their time, Mr. McFadden then left the meeting.
Resolutions:
The following resolutions were passed:
- a resolution to approve participation in the Orange County Stop DWI 2012 Enforcement Wave
- a resolution to grant a special sign permit to St. Mary’s Preschool for 2 signs on Route 17 during their preregistration period.
- a resolution appointing Christopher MdGrady and Peter Barba, Jr. as part-time temporary Spring/Summer workers with the Highway Department.
Public Comments:
Mary Graetzer commented that during the Reorganization Meeting in January the Board had announced that the Town would be getting a new website. She wondered when that might actually be happening. The Supervisor responded that there had been problems with hardware in the Town Hall along with a change of website companies. The new website has been finished and he hopes it will be live before the next Town Board meeting.
Michael Squillini asked where the new sewer plant would be located. He was told it would go in the same place where the present one is situated. He wondered if anyone had done a study of what the odor would be for an expanded plant. The Supervisor responded that the Board had recently visited several different sewer plants on Long Island, all of which had much larger capacities than the plant in Tuxedo will have and said that there was almost no odor at all associated with those plants. Andy Berish asked if Tuxedo Reserve would hook into the new sewer plant and he was told yes, they would. Councilman Matthews asked if there was any plan for the Town Board to educate the public about plans for the new plant. Supervisor Dolan replied that if Tuxedo Reserve ever gets built, the Town Board would meet with the Related Companies and go over all the details of the plant. At the present time, Related is working on the legal phase of the sewer plant. Once those places are ironed out, a public meeting focusing on plant details would be appropriate. Andy Berish inquired whether the Board thought it was possible that Tuxedo Reserve could be sold to a religious group such as Kiryas Joel. The Board responded that any subsequent buyer would have to abide by the Special Permit, which goes with the land.
The meeting was adjourned into an executive session to discuss salary issues.
back to top
Agenda For Town Board Meeting March 12, 2012
Call to Order
Pledge of Allegiance
Period of Silence and Reflection to Honor Memories of
Carolyn Minafri and Bruce W. Sutherland
Minutes
Monthly Reports
Public Comments on Agenda Items
1. Town Supervisor/Town Board Update
2. Notification of Supreme Court Decision and Order dated March 5, 2012 Dismissing All Causes of Action in Article 78 Lawsuit brought against the Town by Tuxedo Land Trust, Thomas Wilson, Mary Graetzer, Robert McQuilkin, Peter Regna, Torne Valley Preservation Association and Patricia Wooters
3. Resolution to Approve Participation in Orange County Stop DWI 2012 Enforcement Wave
4. Resolution to Grant Special Sign Permit for St. Mary’s Preschool
5. Any other business as may come before the Board after this Agenda is posted
Public Comments
Budget Transfers
Vouchers
EXECUTIVE SESSION for the purpose of discussing salary issues
Adjournment
back to top
Agenda for Special Town Board Meeting March 8, 2012
Call to Order
Pledge of Allegiance
1. Executive Session to Receive Advice from Town Counsel
Regarding:
(a) Court’s 03/05/2012 Decision & Order Dismissing Lawsuit
brought against the Town by Tuxedo Land Trust, Thomas Wilson, Mary Graetzer, Robert McQuilkin, Peter Regna, Torne Valley Preservation Association and
Patricia Wooters
(b) Formulation of Response to Proposed Contract Terms for Tuxedo Reserve Wastewater Treatment Plant
2. Any other business as may come before the board
after this agenda is posted
Adjournment
back to top
Town Board Meeting February 27, 2012
The Town Board met on Monday, February 27, 2012 at 7:30 pm. All members were present.
The meeting began with a moment of silence for Joseph Birish, Michael Birish, Clarence Earl, Mary “Liz” O’Dell and Laura Sovak all of whom passed away recently.
Town Supervisor/Town Board Update:
Supervisor Dolan reported that the Town Board, along with engineers Gary Loesch and Chris Weiss visited 3 sewer plants on Long Island on Friday, February 24. The first plant was in Port Jefferson and was the biggest and most sophisticated of the plants. In Patchogue, the group toured a batching plant, which uses membrane filtration. This is probably the method that will be used in Tuxedo as this plant, discharges into a river, as does the Tuxedo Plant. The officials in Patchogue reported that the quality of their river water has improved since their plant went online! The final plant that the group visited was one installed by Newsday in Melville. That plant discharges into the ground via a leaching field. Following the field trip, the Board will be scheduling a meeting with attorney Howard Protter and Engineer Gary Loesch to discuss a course of action for the Town.
Councilman Loncar announced that the Girls Scouts will be holding a pancake breakfast fundraiser this coming Sunday (March 4th) at the Eagle Valley Firehouse. The event will take place from 9am – 12pm.
Resolutions:
Since the Town’s contract with garbage collector Marangi is up for renewal, the Board has decided to put this contract out to bid in an attempt to get a lower price for the Town.
Acknowledgement:
The Board acknowledged that in compliance with regulations of the New York State Labor Department, an employee training session was conducted on Friday, February 24th focusing on workplace violence prevention. The session was led by Police Chief Patrick Welsh. The Supervisor also acknowledged that the Town’s Workplace Violence Prevention Program and Policy, which was adopted on 10/18/10, is in effect and is being observed by the Town.
Other Business:
The Board unanimously approved the purchase of a new Ford Interceptor sedan for use by the Police Chief. His old vehicle will be used by the Detectives and will also be available for use during bad weather as it has 4-wheel drive.
Councilman Matthews reported that he had inspected the culvert under the Thruway near the Sons of Italy hall. He stated that he saw 18 inches of sand and gravel on the bottom of the culvert. Councilman Matthews also saw a logjam in the river just north of the Town’s sewer treatment plant. The Town will meet with the Department of Transportation as well as the Thruway Authority in an effort to get this cleaned out. Highway Superintendent Pfizenmaier reported that there is also a clogged culvert that runs under the railroad tracks just east of the Red Apple. The Town will write a letter to the DOT as well as Metro North in an attempt to get this cleaned out at well. Lastly, Councilman Matthews said he had spoken briefly with someone at Metro North about the lighting at the intersection of East Village Road and Antonelli Dr., but has been playing phone tag with people from the railroad ever since. He will continue trying to solve this problem.
Public Comments:
Andy Berish of Nursery Rd. inquired whether there were any plans to hook the residents in his neighborhood up to the sewer plant. Supervisor Dolan responded that there was presently a DEC mandated moratorium on sewer hookups to the plant, and if and when a new sewer plant is built, it will be up to the sewer district whether to include this neighborhood or not.
Police Chief Welsh commented that as a result of the school shooting in Ohio this past Monday morning, he has offered training to both the Tuxedo and Monroe Woodbury School Districts. There will be two officers present at both schools in the morning and at dismissal time for the foreseeable future.
The meeting adjourned into an Executive Session to discuss personnel issues.
back to top
Agenda for Town Board Meeting February 27, 2012
Call to Order
Pledge of Allegiance
PERIOD OF SILENCE AND REFLECTION TO HONOR MEMORIES OF
JOSEPH BIRISH, MICHAEL BIRISH, CLARENCE EARL, MARY “LIZ” O”DELL AND LAURA SOVAK
Minutes
Monthly Reports
Public Comments on Agenda Items
1. Town Supervisor/Town Board Update
2. Resolution to Authorize Bid for Garbage Collection Services
3. Acknowledgment of Completion of Employee Training Session on Workplace Violence Prevention and Confirmation that Policy Adopted October 18, 2010 is in Effect
4. Any other business as may come before the Board after this Agenda is posted
Public Comments
Budget Transfers
Vouchers
Adjournment
back to top
Agenda for Special Town Board Meeting February 24, 2012
Call to Order
Pledge of Allegiance
1.Special Meeting for the Sole Purpose of Touring the Below-Listed
Wastewater Treatment Plants (WWTP)
Suffolk County Sewer District #1, 500A Beach Street, Port Jefferson, NY
Incorporated Village of Patchogue WWTP, Hammond Street, Patchogue NY
Newsday WWTP, 235 Pinelawn Road, Melville, NY
Adjournment
back to top
Town Board Meeting February 13, 2012
The Town Board met on Monday, February 13, 2012 at 7pm at the Tuxedo Ridge Ski Center. All members were present.
Public Comments on Agenda Items:
Michael Squillini of the East Village inquired about the possibility of dredging the west side of the tunnel under the Thruway, which is situated near the Sons of Italy hall Superintendent of Highways Ed Pfizenmaier responded that he would look into the situation. Mr. Squillini also stated that he was concerned by the lack of lighting between the lower commuter parking lot and the train station (corner of Antonelli Dr and East Village Rd) commenting that it was frequently impossible to see people walking from a car. He was informed that when the lower lot had been constructed, the Town had ordered lighting for that location, however Metro North vetoed it because of a problem with the property. The Supervisor asked Councilman Matthews to research the problem and possible solutions and report back to the Board.
Town Supervisor/Town Board Update:
Supervisor Dolan announced that the Board along with two of their engineering consultants will be taking a field trip on Friday, February 24th to tour a sewer treatment plant in Port Jefferson, LI. The appointment is for 9 am and anyone wishing to accompany them should contact the Supervisor for details of the agenda.
Councilman Matthews reported that he had been approached by an East Village resident with regard to outstanding electrical work resulting fromHurricane Irene flooding. The resident lives in a two family duplex with the other half of the house occupied by a renter with an absentee landlord. While the resident has completed his own electrical update, none has been done on the other half of his house and he wonders what can be done. Building Inspector Maikisch responded that he has written two letters to residents explaining the requirements for electrical work along with the fact that the building permit fee has been waived. Building Inspector Maikisch will continue to follow up on this.
Resolutions:
The following resolutions were passed:
a resolution approving 2012 towing licenses for Tuxedo Gulf, Loyal Tire, NJV Auto, Harriman Auto and CA.R.S.
a resolution to waive building permit fees for the Sterling Forest Firehouse addition
a resolution to authorize the Town Clerk to attend NYS Town Clerks Association training conference in Satatoga, New York which will take place April 22 through April 25, 2012.
Notification:
There will be a full-volume test of the Indian Point Siren System on Wednesday, February 15, 2012 between 10 a.m. and 11 a.m. All sirens will be activated and will sound simultaneously for about 4 minutes.
Public Comments:
Patrick Kelly complained that his neighbor is operating a business on his property without a permit. He was advised that he must submit his complaint in writing to the Building Inspector.
Mike Santoianni commented that perhaps the houses in the East Village which were delinquent in getting their electrical work done should be informed of the community fund which was available to help pay for such repairs. He was told that those funds have all been allocated.
back to top
Agenda for Town Board Meeting February 13, 2012
Call to Order
Pledge of Allegiance
Minutes
Monthly Reports
Public Comments on Agenda Items
1. Town Supervisor/Town Board Update
2. Resolution to Approve Annual Towing Permits
3. Resolution to Waive Building Permit Fees for Sterling Forest Firehouse Addition
4. Resolution to Authorize Town Clerk to Attend the NYS Town Clerks Association Training Conference in Saratoga, New York, April 22 through April 25, 2012
5. Notification of Indian Point Siren System Test - February 15, 2012
6. Any other business as may come before the Board after this Agenda is posted
Public Comments
Budget Transfers
Vouchers
Adjournment
back to top
New Time and Place for February 13 Town Board Meeting
The Town Board meeting on Monday will commence at 7:00 p.m. and will take place at the Tuxedo Ridge Ski Center on Route 17.
back to top
Town of Tuxedo 2012 Adopted Budget
Click here to view budget
back to top
Agenda For Special Town Board Meeting January 30, 2012
Call to Order
Pledge of Allegiance
1. Special Meeting for the Sole Purpose of the Review and
Approval of 2011 Year-End Budget Transfers
Adjournment
back to top
Reoranization Meeting and Regular Town Board Meeting January 23, 2012
The Town Board held their annual Reorganization meeting on Monday, January 23, 2012 at 7:30 pm. Councilman Phelps was absent.
The meeting began with a moment of silence for Town residents August Sauer and Donald Demi, Sr., both of whom died recently.
The following appointments were made:
The yearly salaries were approved for the following Town Officials:
(These salaries represent a 3.5% raise for all employees of Town Hall)
     
The regular bi-monthly meeting of the Board followed.
Town Supervisor/Town Board Update:
Supervisor Dolan reported that he is still working on the proposed dog park to be located under the power lines off South Gate Road. He has secured permission from Orange and Rockland and now needspermission from PIPC, the landowner. The Supervisor also announced that the Town website will have a makeover within the
next couple of weeks, making it much easier to use.
Councilman Loncar reported that he attended the Greenwood Lake School Board meeting where the Tuxedo School District presented their arguments for keeping the Greenwood Lake students in the Tuxedo District. It was his opinion that the presentation went very well. He also attended the presentation made by the Warwick School Board and announced that Monroe Woodbury has pulled out of consideration.
Supervisor Dolan met with the WatchTower who are looking to build temporary housing on the old International Paper site while they are working on the former Kings’ College property.
Councilmen Matthews and Phelps attended a meeting in Mahwah of officials from Ramapo river towns Mahwah, Oakland, Fairfield, Pequannock, Sloatsburg and Tuxedo to discuss flooding problems. Although no immediate solutions were found, the Towns have pledged to keep in contact with one another via email. It will be difficult to have a united effort to de-silt and de-snag the river because they are dealing with two different states and many different municipalities.
Resolutions:
The following resolutions were passed:
• a resolution authorizing a Records Management Consulting Services agreement with Bowne Management Systems. They will be helping to write a LGRMIF grant at no cost to the Town.
• a resolution authorizing the execution of agreement with the Warwick Humane Society. This is the Town’s annual agreement for handling animals.
Public Comments:
Jake Matthews stated that he is very pleased to hear that the Town will have a new, updated website-something he felt was badly needed. He wondered if the Town had any plans to make the Town Code available online as, for example, the Village of Tuxedo Park and the Town of Warwick do. He explained that the code could actually be housed on another site with just a link from the Town site thereby saving space and fees. He was told that the Town has no plans to do this, however, because they do not want to give up the revenue they presently get from selling copies of the code to
prospective builders.
The meeting was adjourned into an Executive Session to discuss litigation.
back to top
Agenda for Reoranization Meeting and Regular Town Board Meeting January 23, 2012
Call to Order
Pledge of Allegiance
PERIOD OF SILENCE AND REFLECTION TO HONOR MEMORIES OF
AUGUST SAUER AND DONALD DEMI
2012 REORGANIZATION MEETING
REGULAR BI-MONTHLY MEETING
Minutes
Monthly Reports
Public Comments on Agenda Items
1. Town Supervisor/Town Board Update
2. Resolution to Authorize Records Management Consulting Services Agreement
3. Resolution to Authorize Execution of Agreement with Warwick Humane Society for 2012 Animal Shelter Services
4. Any other business as may come before the Board after this Agenda is posted
Public Comments
Budget Transfers
Vouchers
EXECUTIVE SESSION for the purpose of discussing litigation brought against the Town by Tuxedo Land Trust, Thomas Wilson, Mary Graetzer, Robert McQuilkin, Peter Regna, Torne Valley Preservation Association and Patricia Wooters
Adjournment
back to top
Town Board Meeting January 9, 2012
The Town Board met on Monday, January 9, 2012 at 7:30 pm. All members were present.
The meeting began with the pledge of allegiance led by the members of Tuxedo Boy Scout Webelos Pack 46 who are working on their achievement award.
Administration of Oaths of Office of Elected Officials
Oaths were administered to Supervisor Dolan, Councilmen Matthews and Phelps and Highway Superintendent Pfizenmaier.
Public Comments on Agenda Items
Andy Rogers noted that the Town Attorney was not present and asked if there would be an Executive Session following the meeting. The Supervisor replied that there would. Mr. Rogers then pointed out that this was the first time that the Article 78 suit brought against the Town was not being discussed in an Executive Session and he wondered if this meant there was news about the suit. Mr. Dolan replied that there was no news and the only reason the lawsuit was not being discussed was because Town Attorney Nichols could not be present.
Town Supervisor/Town Board Update:
Supervisor Dolan is in receipt of a report from Town Engineers, H2M, containing their recommendations for modifications to the Town wastewater treatment plant, which will be made in the event that Tuxedo Reserve is not built. This report was mandated by the DEC. He also reported that Tuxedo Reserve had come before the Sloatsburg Planning Board in December, 2011 and his understanding was that they had left the application open for further review.
The Supervisor then described a New York Works Neighborhood Rebuilding grant, which he hopes the Town will be applying for. The grant would enable 8 presently unemployed men to work for 12 weeks helping to clean up damage from Hurricane Irene. Specifically, Mr. Dolan would like to have the men clean the Ramapo river-bed. He reported having had a conversation with Tuxedo Park Mayor Wilson and has forwarded the details of the grant to him.
A letter from Chris Cockburn, Ski School Director at Tuxedo Ridge was read into the record. It described an incident of stolen snowboards, which were found and recovered with the suspects taken into custody by Officers Shiloh and Biagini. Mr. Cockburn expressed gratitude to the entire police department and commended Officers Shiloh and Biagini for their work.
Resolutions:
The following resolutions were passed:
- a resolution setting the schedule of 2012 Town Board meetings. They will be held on the 2nd and 4th Mondays of the month at 7:30 pm
- a resolution to adopt provisions of Assessment Relief Act for Properties with 50% or more loss of value due to Hurricane Irene. This will apply to properties which lost 50% of their total value due to flooding. There is a short application, obtainable from the Town Clerk or the Town Assessor, to be filled out. The Assessor will decide if the property is eligible. The deadline for applying is March 8,2012. This will only be for Town taxes although the Supervisor has forwarded the details to the Superintendent of Schools. The School Board will have to pass a separate resolution covering their taxes.
- a resolution to appoint Fred Jones to the Board of Assessment Review. Mr. Jones will replace Leon Gastone who passed away recently.
- a resolution to appoint Christopher McGrady as seasonal snow plow operator
confirmation of the appointment of Joanne Ennis as 1st Deputy Town Clerk. Ms. Ennis will replace Nina Matthews who is retiring.
- a reminder of the Annual Reorganization meeting which will take place on January 23, 2012 at 7:30 pm
Public Comments:
Mary Graetzer inquired whether or not the Board had made a decision with regard to a new Planning Board Chairman as Nils Gerling has retired. Supervisor Dolan replied that Mr. Gerling would still act as Chairman for the next meeting scheduled for January 10, afterwhich, Planning Board member Joseph Gartiser, who is the senior member on the Board will become Chairman. Interviews are being held for a new member of the Board.
John Kwaznicki mentioned the recent death of longtime Tuxedo resident August Sauer and a moment of silence was observed
Dan Castricone gave a short update on County business during which he reported that he has been named Chairman of the Employment and Compensation Committee.
The meeting adjourned into an Executive Session to discuss a potential employee disciplinary action.
back to top
Agenda for Town Board Meeting January 9, 2012
Minutes
Monthly Reports
Public Comments on Agenda Items
1. Town Supervisor/Town Board Update
2. Resolution to Set Schedule of 2012 Town Board Meetings
3. Resolution to Adopt Provisions of Assessment Relief Act for Properties with 50% or More
Loss of Value due to Hurricane Irene/Tropical Storm Lee
4 Resolution to Appoint Fred Jones as Board of Assessment Review Member
5. Resolution to Appoint Christopher McGrady as Seasonal Snow Plow Operator
6. Confirmation of Appointment of Joanne Ennis as 1st Deputy Town Clerk
7. Reminder of Reorganization Meeting on January 23, 2012
8. Any other business as may come before the Board after this Agenda is posted
Public Comments
Budget Transfers
Vouchers
EXECUTIVE SESSION for the purpose of discussing potential employee disciplinary action
Adjournment
back to top
Town Board Meeting December 12 2011
The Town Board met on Monday, December 12, 2011 at 7:30 pm. Councilman Darling was absent.
Town Supervisor/Town Board Update:
Supervisor Dolan read a letter written byresidents Ken English and Carolyn Kelly, whose house in Laurel Ridge recently burned down. In the letter, they thankthe fire departments and the police or their help and service.
Councillwoman Spivak read a letter written by Mary Jo Guinchard, on behalf of the Hurricane Irene Relief Committee, which gave a final accounting of funds collected and dispursed and thanked everyone who had contributed.
The Supervisor reported that he is actively looking for locations to create dog parks in Town and has had some preliminary discussions with Orange & Rockland about possibly locating one under the power lines off South Gate Road. The initial response from O&R has been positive. Additionlly, the supervisor had a meeting with Town Engineers at which they discussed housing in the East Village, the East Village bridge replacement, the mulch pile (Engineers will inspect on January 15th) a proposal for a hydroelectric plant and the waste water treatment plant. There is a possibility that there may be grant money available to clean out the Ramapo River stream bed and Supervisor Dolan is planning to pursue this potential opportunity. The Town is having some difficulty with collecting funds owed from certain residents. Supervisor Dolan suggested that the Board consider instigating a new policy requiring applicants before the Planning and/or Zoning Boards to pay a fee which would be held in escrow in order to pay for consultants. Finally, Annie Rabbit has informed the Supervisor that the Thruway Authority plans to remove the East Village berm sometime this month.
Resolutions and Notifications:
The following resolutions were passed:
a resolution scheduling the 2012 Reoganization Meeting for January 23 at 7:30 pm. The regular bi-monthly meeting will follow. Swearing in of recently elected officials will take place at the first meeting of the new year on January 9th.
The December 26th Town Board meeting has been cancelled due to the holidtay.
a resolution appointing JS Braddock Co. as the Town’s General Liability Insurance Company.
a notification that the Town will be switching electricity suppliers under the O&R PowerSwitch program.
Public Comments:
Andy Berish stated that he’d heard Tuxedo Reserve had recently submitted a 32 page summary of their plans to the village of Sloatsburg and asked for an explanation of why they had done that. He further noted that Town Board meeting agendas indicated that the Board had been discussing Tuxedo Reserve in Executive Session for months and asked for an update on the application. The Board members explained to Mr. Berish that their discussions in Executive Session were centered on litigation and thus they could not legally discuss it in public. They also said they had no knowledge of any submissions by Tuxedo Reserve to the Village of Sloatsburg.
Jim Hays asked for an accounting on the mulch operation and the dirt pile (DeMarino property). In particular, he wanted to know what plans had been made to limit the growth of both operations. Supervisor Dolan responded that the DEC is in charge of the Ramapo River and as DeMarino is in compliance, the Town has no jurisdiction over them. Building Inspector Maikisch makes regular inspections of the site. The mulch pile is in the process of being brought into compliance. They will be doing more grinding in order to reduce the height of the piles and leaves are no longer accepted.
back to top
Agenda for Town Board Meeting December 12 2011
Call to Order
Pledge of Allegiance
Minutes
Monthly Reports
Public Comments on Agenda Items
1. Town Supervisor/Town Board Update
2. Resolution to Schedule 2012 Reorganization Meeting
3. Resolution to Appoint Town General Liability Insurance Company
4. Notification of Change in Electricity Supplier for Town Offices through O&R PowerSwitch® Program
5. Any other business as may come before the Board after this Agenda is posted
Public Comments
Budget Transfers
Vouchers
EXECUTIVE SESSION for the purpose of discussing litigation brought against the Town by Tuxedo Land Trust, Thomas Wilson, Mary Graetzer, Robert McQuilkin,
Peter Regna, Torne Valley Preservation Association and Patricia Wooters
Adjournment
back to top
Town Board Meeting November 28, 2011
The Town Board met on Monday, November 28, 2011 at 7:30 pm. All members were present.
Public Hearing: 2012 Woodlands Sewer Rates
There will be no change in the rates for the 11th year in a row. There were no comments.
Town Supervisor/Town Board Update:
Supervisor Dolan reported having met with representatives from the County regarding the replacement of the bridge to the East Village. Plans call is for the bridge to be moved to the left and positioned where the DEC sign is now located. After the new bridge is constructed, the old one will be removed. Estimates for completion of the project are by the end of 2013. The money is in place but some approvals are still needed.
The Town is actively pursuing a replacement for Planning Board Chairman, Nils Gerling. So far, one application has been received and that person will be interviewed in the next two weeks.
Supervisor Dolan met with the Town Judges and hopes to do so every six months henceforth. The Judges have asked that their dollar amounts be reported collectively rather than individually going forward and the Supervisor has agreed to do this.
Resolutions:
The following resolutions were passed:
• a resolution to adopt 2012 Woodlands Sewer Rates
• a resolution to appoint Gardner Hempel as Member of Board of Fire Commissioners. Mr. Hempel received recommendations from all three fire districts
• a resolution to authorize agreement for snow and ice control on Old Forge Road in Warwick. The Town will be paid $5000. This has been in effect for the last several years.
• a resolution to grant a special permit for Our Lady of Guadalupe Torch Relay Run which will take place on 12/4/11 at 1 pm. The participants will arrive at the Train Station and will run to Highland Mills. There will be a police escort but since there are 3 officers on duty and Chief Welsh has volunteered to be the lead car, there will be no expense to the Town.
Reminders and Notiifications:
• the Town Christmas Tree Lighting will take place at the Train Station December 4th at 5 pm. The George F. Baker Choir will perform and there will be visits with Santa and photos by Dragonfly Studio.
• a Holiday Puppet Show will take place on December 18th at 3 pm at the American Legion Hall.
• the Town Hannukah Celebration will take place on December 26th at 6:30 pm at the North end of the Train Station Parking Lot. There will be a reception following the ceremony in the Train Station.
• the Holiday Toy Drive which will take place through December 20th. Drop off for new, unwrapped toys is at Town Hall, the Library, Post Office and Police Station.
Other Business:
Supervisor Dolan announced that the Board would be signing Police Chief Welsh’s contract by the end of the week.
Public Comments:
Mary Graetzer asked if the Board was actually still discussing the Article 78 law suit, and was told yes and they hope to have a resolution within a few days or certainly by the end of the month.
Nate Wolinksy reported having researched a new recording device for Town Board meetings. The machine, which has been used in numerous courtrooms, comes with 3 microphones and will record onto an SD card. The Supervisor mentioned the possibility of filming the meetings as well, and Mr. Wolinsky said he could research that option.
back to top
Agenda for Town Board Meeting November 28, 2011
Call to Order
Pledge of Allegiance
Public Hearing: 2012 Woodland Sewer Rates
Minutes
Monthly Reports
Public Comments on Agenda Items
1. Town Supervisor/Town Board Update
2. Resolution to Adopt 2012 Woodlands Sewer Rates, Unchanged from Prior Year
3. Resolution to Appoint Gardiner Hempel as Member of Board of Fire Commissioners
4. Resolution to Authorize Agreement for Snow and Ice Control on Old Forge Road in Warwick
5. Resolution to Grant Special Permit for Our Lady of Guadalupe Torch Relay Run - 12/04/2011 at 1:00 p.m.
6. Reminder of Christmas Tree Lighting Ceremony at Train Station - 12/04/2011 at 5:00 p.m.
7. Notification of Holiday Toy Drive through 11/20/2011 - Drop-Off Sites-Town Hall, Library, Post Office, Police Station
8. Any other business as may come before the Board after this Agenda is posted
Public Comments
Budget Transfers
Vouchers
EXECUTIVE SESSION for the purpose of discussing litigation brought against the Town by Tuxedo Land Trust, Thomas Wilson, Mary Graetzer, Robert McQuilkin, Peter Regna, Torne Valley Preservation Association and Patricia Wooters
Adjournment
back to top
Town of Tuxedo 2012 Adopted Budget
Click here to download the 2012 Adopted Budget.
back to top
Town Board Meeting November 14, 2011
The Town Board met on Monday, November 14, 2011 at 7:30 pm. All members were present.
The meeting began with a moment of silence for former Ramapo Police Chief Joseph Miele who died recently.
Public Hearing on 2012 Preliminary Budget:
George Mollo, of the Woodlands, was the first speaker. He stated that in his view the budget was filled with “sloppiness and unprofessionalism.” He found many errors within the document and said they cast a doubt over his belief of the document as a whole. In particular, he questioned the figures for both the Joint Fire District and the Library District. Town Attorney Don Nichols replied that these are two areas of the budget over which the Town has absolutely no control. Bookkeeper and Deputy Budget Officer Pat Sullivan added that the Town had only very recently received the numbers from the Fire District and that they had needed to wait until after the election for the final Library numbers. She further stated that the Town has changed their method of accounting on these two items at the request of Orange County. Mr. Mollo also questioned the budgeting of attorney fees, stating that while they had been budgeted for $55,000, the year to date actual figure was $156,799 however despite the obvious difference, they were once again budgeted for $55,000! It was explained to Mr. Mollo that the difference in the two figures had been reimbursed to the Town, mostly by The Related Companies, developers of Tuxedo Reserve. Mr. Mollo responded that if this was so, then the amount reimbursed should show up somewhere else in the budget as revenue. The Board offered to change the process next year in order to reflect the offset revenue which was reimbursed to the Town for attorneys, engineers and planners. Supervisor Dolan also noted that sometimes applicants coming before the various Boards had not paid their bills. In this case, he often personally initiates the collection of past due amounts.. Finally, Mr. Mollo expressed concern with the proposed raises for employees. He noted that last year, the Board members had voted themselves a 42% raise because they believed that they were underpaid, however this year they weren’t even given the same 3.5% raise that everyone else was getting. Councilman Phelps stated that because of the 2% tax cap that they are required to work with, the Councilmen had foregone their raise. Bookkeeper Sullivan, however, stated that the adopted budget showed that there would be a 3.5% increase for all employees including the Councilmen.
Mary Hanson asked for an explanation of the increase in Real Property Tax revenues ($238,911) Bookkeeper Sullivan explained that the assessed valuation of properties in Town (outside the Village of Tuxedo Park) had gone down and consequently, the Town would have to collect more money from the residents. Revenue from other sources has been brought in to offset some of that. Also, the Town was able to take money out of the fund balance to offset the increase so taxes will not be going up 16% as this line in the budget did. Supervisor Dolan further explained that for the last several years, the Town had been trying to save money to pay off the outstanding bonds, but this year the Board has decided to use some of that money to keep the tax rate at 2%. Mrs. Hanson also asked about revenue from the mulch pile, located on Long Meadow Road. Supervisor Dolan responded that it was roughly $200,000. Mrs. Hanson then asked where that appeared in the budget and was told that it was located under Rental of Real Property. The 2012 budgeted amount is $225,000.
Cami Fischer, of Tuxedo Park, asked if the Mulch facility was presently closed. Supervisor Dolan replied that the facility was open, but not for leaves. Mrs. Fischer then wondered what would it take to get bring the facility back into compliance and Supervisor Dolan responded that they would not resume picking up leaves. He further stated that the facility had a 10,000 yard permit for leaves but they had exceeded that and received a fine. Perfect Cut was then told to remove all the leaves ,which they have done, and will be reimbursing the Town for the fine. Henceforth, the only people allowed to bring leaves to Perfect Cut will be the Town of Tuxedo Highway Department and the Village of Tuxedo Park DPW. Mrs. Fischer mentioned having a friend who lived near the mulch facility who had mentioned hearing and see trucks going in and out late at night. She wondered if there was anyone there monitoring the trucks so that the Town would know that they were actually receiving the money they were supposed to get and she was told that yes, trucks were being monitored. She further inquired if the material had been tested and was told that it had been.
Nate Wolinksy inquired as to how much money the Town had paid back on their bonds to date and was told almost $2 million. He then commented that he didn’t think any other Town in Orange County had managed to do that, and he felt the Board should be congratulated for doing so.
Frank Peverly suggested that since there were a number of residents present who were interested in the budget, the Board should consider adding explanatory footnotes to the process next year. In his opinion t this addition would add to the transparency of the process. The Board agreed that this was a good idea.
Public Hearing on 2012 Special District Assessment Rolls:
There were no public comments so the hearing was closed.
Public Comments on Agenda Items:
There were no public comments on agenda items.
Town Supervisor/Town Board Update:
Supervisor Dolan reported that he has been working with Town Planner Bonnie Franson on modifications to the Town’s Zoning. Frank Peverly, Chairman of the Zoning Board has also been working on this. The changes will bring the zoning code into alignment with the recently adopted Master Plan. Mr. Dolan hopes to have documentation ready by mid December.
The Supervisor reported receiving a letter from the New York Thruway Authority in which they state that they will be removing the berm due to requests from East Village residents. The letter also notes that at this time they do not anticipate there becoming available any further funding for a sound barrier
Resolutions:
The following resolutions were passed:
a resolution adopting the 2012 Final Budget. The rate increases will be 1.27% for the Village and 1.94% for the Town
a resolution to schedule the annual Public Hearing on Woodlands Sewer Rates for November 28, 2011 at 7:30
a notification that there will be a Full-Volume Test of the Indian Point Siren System on November 15th between 10 and 11 am.
a resolution appointing James P. Ward as Part-Time Police Dispatcher
Public Comments:
Frank Peverly remarked that he considers it a public safety concern that there is presently not a bridge over Summit Brook. Supervisor Dolan responded that a bridge has been ordered and will be installed as soon as it arrives.
Mary Hanson, a Planning Board member, corrected the Supervisor’s statement that he had initiated proceedings to collect past due amounts from a Planning Board applicant, explaining that in actuality, it was a neighbor of the applicant who informed them that this bill had not been paid and thus the applicant was not heard at the last meeting.
John Kwaznicki, of Sloatsburg, inquired as to whether or not the Town had done an Environmental Assessment Form (EAF) for the recently adopted Master Plan and if so had there been a negative declaration. The answer to both questions was yes.
The meeting was adjourned into an Executive Session to discuss litigation.
back to top
Agenda for Town Board Meeting November 14, 2011
Minutes
Monthly Reports
Public Comments on Agenda Items
1. Town Supervisor/Town Board Update
2. Resolution to Adopt 2012 Final Budget
3. Resolution to Schedule Annual Public Hearing on Woodlands Sewer Rates
4. Notification of Full-Volume Test of Indian Point Siren System - November 15, 2011
5. Any other business as may come before the Board after this Agenda is posted
Public Comments
Budget Transfers
Vouchers
EXECUTIVE SESSION for the purpose of discussing litigation brought against the Town by Tuxedo Land Trust, Thomas Wilson, Mary Graetzer, Robert McQuilkin, Peter Regna, Torne Valley Preservation Association and Patricia Wooters
Adjournment
back to top
Meeting October 11, 2011
The Town Board met on Tuesday, October 11, 2011 at 7:30 pm. Councilman Darling was absent.
Public Hearing: Introductory Local Law Entitled “Tax Levy Limit Override”
Supervisor Dolan announced that since the last meeting, he had finished putting together the tentative budget for 2012. Since the total budget amount is approximately 1.99% higher than last year’s budget, there is no need to override the 2% tax cap and thus no need for this law.
Town Supervisor/Town Board Update:
Supervisor Dolan reported that he conducted an exit interview with State auditors and that the Town came out “with flying colors.” He also reported having had met with the PBA and commented he was hoping to have a police contract finalized by the end of November. He has also been meeting with different healthcare providers as he is looking into changing the provider for Town employees next year.
Resolutions/Announcements:
The following resolutions and acknowledgments were passed:
acknowledgment of filing of 2012 Tentative Budget on September 30, 2011
a resolution to schedule public hearings on 2012 Preliminary Budget and Special Improvement District Charges, including Hamlet Sewer and Sterling Mine Estates Drainage District. This hearing will be held on November 14, 2011 at 7:30 pm
a resolution to appoint Sudhir Desai as Zoning Board of Appeals member. Mr Desai has been the alternate member of this board and will serve out the term of Brian Sullivan who has resigned from the Board. The term expires on 12/31/2012.
a resolution to appoint Nancy Kaufer as Parks and Recreation Advisory Board member to fill the term of Rachel DiPaolo which expires on 12/31/11
a resolution to grant Special Use and Special Sign Permits for the Arts & Crafts Fair at the Eagle Valley Firehouse on November 6, 2011.acknowledgment of receipt of liquor license renewal for the Lodge Restaurant at Tuxedo Ridge Ski Center notification of Free Electronics Recycling Event to be held on Saturday, October 15, 2011 at Town Hall
Other Business:
The Board passed a resolution to pay Marangi Disposal the amount of $20,493.08 in carting and dumping fees. These fees are directly attributable to the clean up of the East Village after Hurricane Irene. The Town has applied for FEMA funds to cover this bill and still hopes to be reimbursed for the FEMA funds to cover this bill and still hopes to be reimbursed for the charge.
Public Comments:
George Mollo inquired as to when the Preliminary Budget would be available to the public. Supervisor Dolan replied that it would not be much different from the tentative budget and that Mr. Mollo should call the Town Clerk the next day for a date.
Suzanne Papke asked what Supervisor Dolan expects the new Town revenue streams to be. The Supervisor responded that he couldn’t comment on it at this time as he is still working on it.
The meeting adjourned into an Executive Session to discuss litigation.
back to top
Agenda for Town Board Meeting October 11, 2011
Call to Order
Pledge of Allegiance
PUBLIC HEARING: Introductory Local Law Entitled “Tax Levy Limit Override”
Minutes
Monthly Reports
Public Comments on Agenda Items
1. Town Supervisor/Town Board Update
2. Acknowledgment of Filing of 2012 Tentative Budget on September 30, 2011
3. Resolution to Schedule Public Hearings to Receive Comments on 2012 Preliminary Budget and Special
Improvement District Charges, Including Hamlet Sewer and Sterling Mine Estates Drainage District
4. Resolution to Adopt Local Law Entitled “Tax Levy Limit Override”
5. Resolution to Appoint Sudhir Desai as Zoning Board of Appeals Member
6. Resolution to Appoint Nancy Kaufer as Parks & Recreation Advisory Board Member
7. Resolution to Grant Special Use and Special Sign Permits for Arts & Crafts Fair at Eagle Valley Firehouse - 11/06/2011
8. Acknowledgment of Receipt of Liquor License Renewal for the Lodge Restaurant at Tuxedo Ridge Ski Center
9. Notification of Free Electronics Recycling Event - Saturday, October 15, 2011 - Tuxedo Town Hall
10. Any other business as may come before the Board after this Agenda is posted
Public Comments
Budget Transfers
Vouchers
EXECUTIVE SESSION for the purpose of discussing litigation brought against the Town by Tuxedo Land Trust, Thomas Wilson, Mary Graetzer, Robert McQuilkin, Peter Regna, Torne Valley Preservation Association and Patricia Wooters
Adjournment
back to top
Town Board Meeting September 26, 2011
The Town Board met on Monday, September 26, 2011 at 7:30 pm. Councilmen Darling and Phelps were absent.
Public Comments on Agenda Items:
Andy Berish asked about the meaning of tax certiori proceedings and was told that they are the legal proceedings that follow when someone challenges their tax assessment.
Mary Graetzer noted that according to the agenda, the Town was planning to ask the Tuxedo Park Water Company for a discount on residents bills due to the hurricane. She wondered if they also planned to ask for such discounts from United Water and Orange & Rockland. Supervisor Dolan replied that he had been asked to make the request by residents of the East Village and was simply honoring that request. Mrs. Graetzer pointed out that water bills are predicated on usage so if residents didn’t have use of their water, they weren’t billed for it.
Supervisor/Town Board Update:
Supervisor Dolan reported that the Town has received the certificate of occupancy for the stage at Powerhouse Park. This is timely because Family Fun Day will be held there this coming Saturday!
The Supervisor also announced that he had received a letter from Planning Board Chairman Nils Gerling stating his intention to retire from that position when his term expires at the end of this year.
Supervisor/Town Board Update:
Supervisor Dolan reported that the Town has received the certificate of occupancy for the stage at Powerhouse Park. This is timely because Family Fun Day will be held there this coming Saturday!
The Supervisor also announced that he had received a letter from Planning Board Chairman Nils Gerling stating his intention to retire from that position when his term expires at the end of this year.
Resolutions:
The following resolutions were passed:
a resolution to adopt Credit Card Use Policy. This establishes guidelines and internal controls governing the use of Town credit cards and authorizes the following individuals as authorized users:
Peter Dolan, Town Supervisor
Gary Phelps, Deputy Superviso
Ed Pfizenmaier, Highway Superintendent
Mike Mausich, Deputy Highway Superintendent
Tommy Iazetti, Highway Department
Glen LaBar, Sr., Highway Department
Patrick Welsh, Police Chief
John Norton, Police Lieutenant
Senior Dispatcher of Police Dept.
a resolution to request discount from Tuxedo Park Water Department on Residents’ water bills due to hurricane
a resolution to authorize posting of open positions on Architechtural Review Board, Board of Assessment Review, Zoning Board of Appeals and Planning Board. These are the regular annual openings.
a resolution to approve settlement of tax certiorari proceedings regarding property of John Paul Primiano.
a resolution to introduce Local Law entitled “Relief from Tax Levy Limit under General Municipal Law §3 –c” This law deals with the 2% property tax cap recently enacted by Albany and will allow the Town to override that for items that are beyond their control such as health care costs. There will be a public hearing on October 11, 2011.
a resolution to authorize agreement to perform snow and ice control on County Roads – on Long Meadow Road and Sterling Mine Road. The Town is reimbursed by the Town of Warwick and Orange County for this service.
a resolution to authorize agreement and special permit for operation of the Forest of Fear for 2011 season. As always, the Town will be reimbursed for any costs associated with police protection .
a resolution to grant special use and special sign permits for St. Mary’s Yard Sale on October 15th at the Train Station.
a reminder that Family Fun Day will take place on Saturday, October 1st at Powerhouse Park and not Murphy Field.
Other Business:
The following additional resolutions were passed:
A resolution authorizing agreement with the Town of New Windsor for Technology Services – the Towns IT contractor was unfortunately killed in an automobile accident and the employee who has been handling this is relocating to Florida. Several other municipalities use New Windor and are pleased with the service. It is a one year contract.
A resolution to appoint Joanne Ennis as Deputy Registrar
Public Comments:
Andy Berish stated that a number of East Village residents have been refused money from FEMA. For the most part , these people are renters and not property owners although they still sustained loss of property such as appliances.
The Supervisor replied that FEMA officials had informed him that this might happen and they had advised that the people should reapply. Attorney Don Nichols also pointed out that FEMA has an appeal process, which should be initiated when and if people are denied.
Bill Lemanski inquired if the Technology Services contract had gone out for competitive bid and was told that it had. The Town of New Windsor had the lowest bid and were the most qualified responder.
Andy Rogers asked about the status of the litigation being discussed in Executive Session. Supervisor Dolan replied that it was ongoing litigation and he was hoping for a settlement soon.
The meeting the adjourned into an Executive Session to discuss litigation.
back to top
Agenda For Town Board Meeting September 26, 2011
Call to Order
Pledge of Allegiance
Minutes
Monthly Reports
Public Comments on Agenda Items
1. Town Supervisor/Town Board Update
2. Resolution to Adopt Credit Card Use Policy
3. Resolution to Request Discount from Tuxedo Park Water Company on Residents’ Water Bills due to Hurricane
4. Resolution to Authorize Posting of Open Positions on Architectural Review Board, Board of Assessment Review,
Zoning Board of Appeals and Planning Board
5. Resolution to Approve Settlement of Tax Certiorari Proceeding Regarding Property at 97 Laurel Road, Tuxedo Park
6. Resolution to Introduce Local Law Entitled “Relief from Tax Levy Limit under General Municipal Law §3-c”
7. Resolution to Authorize Agreement to Perform Snow and Ice Control on County Roads
8. Resolution to Authorize Agreement and Special Permit for Operation of Forest of Fear® for 2011 Season
9. Resolution to Grant Special Use and Special Sign Permits for St. Mary’s Yard Sale on October 15 at Train Station
10. Reminder of Family Fun Day at Powerhouse Park on Saturday, October 1, 2011
11. Any other business as may come before the Board after this Agenda is posted
Public Comments
Budget Transfers
Vouchers
EXECUTIVE SESSION for the purpose of discussing litigation brought against the Town by Tuxedo Land Trust, Thomas Wilson, Mary Graetzer, Robert McQuilkin, Peter Regna, Torne Valley Preservation Association and Patricia Wooters
Adjournment
back to top
Town Board Meeting September 12, 2011
The Town Board met on Monday, September 12, 2011 at 7:30 pm. All members were present.
Supervisor Dolan began the meeting by announcing that he had invited representatives from the DEC, Orange County HAZMAT and SOS Fuels to attend the meeting, but only SOS was present. The fuel company representatives were accompanied by their attorney.
Evelyn David of River Road asked SOS why they had parked their trucks where they did during Hurricane Irene. The attorney responded that the trucks had been parked on elevated ground. Ms David pointed out that the trucks had floated down the river. SOS Executive Jeff Spiegel replied that no trucks floated down the river. He explained that the parking lot had flooded so that it looked as though the trucks were floating, but in fact they were parked in a place where, historically, it had been safe. He added that an unforeseen 8-foot wall of water came down the river and that this is what had caused the damage.
Bill Lemanski asked what liquids were released into the river and in what volume they had been released. The SOS attorney informed him that a number of tanks in various locations along the Ramapo River had experienced leaks and spills so they they cannot be sure that what was in the river was, in fact, their product. Mr. Lemanski countered that certainly the owner has records of his inventory and that post-event, if he measured what’s left, he would know how much had been released into the river. SOS executive Jeff Spiegel commented that they will know the answer soon. Their computerized system was damaged in the storm and their figures are not exact because there is some co-mingled product. He did, however, supply a range of what had been lost: between 14,00-19,000 of #2 heating oil. Supervisor Dolan added that this figure has been confirmed by Orange County HAZMAT. Mr Spiegel then stated that the leak had occurred because the tank, which is situated on concrete and gravel, had shifted 6 feet when the “wave” hit it and the valve was shirred off. SOS tried to access the tank in an effort to turn it off, but couldn’t get there until Monday. Evelyn David wanted to know how the oil got into her home as well as other homes north of the SOS site. The SOS attorney replied that the river was flowing from north to south and that the dam, which broke in Arden, is North of the SOS property. With water moving at the velocity that it was, it is unlikely that anything went north in his view. Ms. David replied that the Ramapo had turned into the “mighty Mississippi” and when that happens, it spreads out and goes everywhere.
Supervisor Dolan then provided his timeline for the event.
He was in touch with other members of Town government on Sunday, August 28 at 8:30 am, at which point he was standing on the East Village Bridge and noted that the water was several inches below the bridge. He then got called to the International Paper building on Warwick Brook Road as a dam there had been breached. At 10:02, Police Chief Patrick Welsh reported that the river was flooding over the bridge. Although they did not know it at the time, the Echo Lake dam in Arden had failed sending torrents of water down the Ramapo. The Town immediately initiated an emergency response.
E.J. Matthews of the East Village commented that 2 days before the storm, he had heard that Tuxedo could expect up to 13 inches of rain and he had observed where the SOS trucks were parked at that time. He wondered what failure had allowed SOS to think that their parking lot was “higher ground” and “safe,” because to his eye, the parking lot looks pretty level. He feels that the incident was totally preventable, however SOS did nothing. He asked which vehicle had hit the fuel tank. Jeff Spiegel responded that it had been a trailer that hit the tank and not a fuel truck,. The issue was that there had been an 8 ft. wall of water from a private dam. He suggested that had it been just Hurricane Irene producing, a “normal flood like we’ve had for 30 years,” SOS would have been fine. Several people in the audience pointed out that forecasts for an entire week prior to the storm had predicted that it wasn’t going to be normal, but Mr. Spiegel reiterated that the hurricane did not cause the damage, rather the breaking of the dam did. He further added that SOS lost 31 vehicles, their entire office, parking lot and depot. Just 2-1/2 years ago, the company raised their office 5 feet. They did not know that the Echo Lake dam existed or that the DEC hadn’t inspected it in 28 years. But, he continued, “it happened and we’re here.” He noted that neither the DEC nor Orange County HAZMAT were present despite having been invited.
Kristian Matthews, of the East Village, said he understood there were 4000 sandbags available for the Town of Tuxedo and waiting for pickup but that no one had gone to get them. Supervisor Dolan responded that he was not informed of that. Police Chief Welsh added that he had asked the Orange County Office of Emergency Management 2 days before the storm about sandbags and had been told that at no time would Orange County make them available to residents. Mr. Matthews stated that he had been told that the town used to own a truck that could make sand bags and wondered if it still existed. Highway Superintendent Pfizenmaier responded that the Town does have the sand spreader but that he had not been able to get to it in time. Mr. Matthews replied that if they’d had sand bags, they could have stacked them up under the Thruway bridge to keep the water from flowing through there. This wouldn’t have helped the houses on River Road, , but it would have helped a majority of the homes that were damaged. H suggested that moving forward, the town should consider this. The Town Engineer stated that although sandbags are typically a solution in a flooding situation, he doesn’t know of anything that will stop an 8 ft. wall of water traveling at a significant velocity; the result of a dam breach.. Mr. Matthews countered that the velocity of the water has no bearing on his point, asi he was not advocating damming the river, but rather constructing a barricade under the Thruway bridge, where the river is trying to spread.
An audience member noted that in March of 2011 as well as during 2010 , SOS had moved all their tankers to the IGA parking lot and he wondered why this time around only 1 truck had been relocated there. Jeff Spiegel replied that there was only room for one trailer over at the IGA, so they had moved the rest of the vehicles to “higher ground” in their own parking lot.
Orange County Legislator Dan Castricone congratulated SOS Fuels for having shown up at the meeting, but said he was not happy with their comments regarding Orange County HAZMAT’s absence. He added that the representative who was supposed to be there had gone out in a rowboat with Police Chief Welsh during the storm to try to shut off SOS’s tank! Mr. Spiegel apologized for his previous remark.
A resident asked what would become of the marshland along the river that is now coated with oil. Mr. Spiegel replied that the DEC would have an answer to that question and pledged that SOS would cooperate with them.
Diana Petrosky pointed out that there that there are several other parking lots within the community aside from the IGA(for example, there are 3 lots at the school) and she suggested that they ask for permission to park in these other lots moving forward if there is not enough room for them at the IGA. She went on to say that all the Town residents know that what has happened has happened, however they remain frustrated because they are still living with water, damage and odors! She suggested that perhaps SOS might research what they could use to get eliminate the odor.
Mr. Spiegel inquired about when the crash gate to the Thruway had been opened. Chief Welsh responded that it had been opened at 8:59 am. He added that they had evacuated 127 vehicles. Mr. Lemanski asked how long that process had taken and was told that it took about 2-1/2 hours. Part of the problem was the construction project currently happening on the Thruway. Mr. Lemanski then asked about the plans for the East Village bridge. Orange County Legislator Castricone responded that since he took office in January 2010, the legislature has gotten funding approved for design, engineering and construction of the bridge and he expects it to be up by the end of 2012 or beginning of 2013. A resident inquired about dredging the river. Mr. Castricone replied that he has had conversations with the DEC on this subject and so far responses have not been good. Kristian Matthews stated that a new bridge would not benefit the East Village because once the water reaches a certain height, it floods under the Thruway bridge and residents cannot get out anyway. He added that if the government really wants to help the East Village, they should start at the Thruway bridge and work back to the other bridge.
An audience member mentioned being concerned about diesel fuel in his well and wondered if the County would require well testing. Supervisor Dolan responded that the Town had asked the Village of Tuxedo Park to test the water. The resident countered that the well in question was a private well and not Village water. He said he had called Orange County and been told that
they “don’t do anything like that.” He called the Department of Health and was told that also they “don’t do anything like that.” The answer was the same from both the DEC and the EPA.
Another resident asked Mr. Spiegel what SOS’ plans were going forward for their Tuxedo facility. Mr. Spiegel replied that they don’t know, it is an open question. They will have to knock down the office as it’s been condemned.. They’ve been in Tuxedo for a long time and they are going to try to figure out a way to stay in Tuxedo.
Someone in the audience spoke up to thank the Police, Fire Departments, Ambulance Corps and Highway Department for doing a great job and everyone present joined in a round of applause for them.
It was announced that the meeting would recess for a few minutes so that those who didn’t want to stay for the rest of the meeting could stay. Before the recess, Janet Galuska told a story about her encounter with a bear near her home in the Nursery. She ended up falling and hitting her head and landed in the hospital. Since that time, the bears have appeared on an almost daily basis and she feels that no one is doing anything about it. Chief Welsh replied that typically the bears are gone by the time the police arrive and that he isn’t going to send an officer into the woods after them. Mrs. Galuska said she’d called the DEC and been told that they would issue her a pistol permit to shoot rubber bullets at the bear, she did not want to do that. Chief Welsh responded that she should take any offered rubber bullets and turn them over to the Police Department so they would have plenty of ammunition to deal with the problem.
Public Hearing Continuation to Receive Comments Regarding the Draft Comprehensive Plan Update:
Town Planner Bonnie Franson stated that there were minor revisions to the plan, which were made to address Mr. Schaub’s comments at the previous hearing. Mr. Schaub was not present but had sent an email detailing further objections to the plan. John Kwaznicki of Sloatsburg submitted seven pages of comments and a wetlands map.
Resolutions:
The following resolutions were passed unanimously:
a resolution to adopt the Comprehensive Plan Update
a resolution to waive the ($25) Electrical Permit fee for Residents affected by Hurricane Irene
a resolution to approve settlement of Tax Certiorari proceedings brought by Joseph Alderisio of West Lake Rd.
There being no other business, the Board adjourned into an Executive Session to discuss litigation.
back to top
Agenda for Town Board Meeting September 12, 2011
Public Hearing Continuation to Receive Comments Regarding Draft Comprehensive Plan Update
Minutes
Monthly Reports
Public Comments on Agenda Items
1. Town Supervisor/Town Board Update
2. Resolution to Adopt Comprehensive Plan Update
3. Resolution to Waive Electrical Permit Fee for Residents Affected by Hurricane Irene
4. Resolution to Approve Settlement of Tax Certiorari Proceeding Regarding Property on West Lake Road
5. Any other business as may come before the Board after this Agenda is posted
Public Comments
Budget Transfers
Vouchers
EXECUTIVE SESSION for the purpose of discussing litigation brought against the Town by Tuxedo Land Trust, Thomas Wilson, Mary Graetzer, Robert McQuilkin, Peter Regna, Torne Valley Preservation Association and Patricia Wooters
Adjournment
back to top
Agenda For Town Board Meeting August 29, 2011
Call to Order
Pledge of Allegiance
MOMENT OF SILENCE AND REFLECTION TO HONOR MEMORY OF LEON GASTHALTER
Public Hearing Continuation to Receive Comments Regarding Draft Comprehensive Plan Update
Minutes
Monthly Reports
Public Comments on Agenda Items
1. Town Supervisor/Town Board Update
2. Resolution to Adopt Comprehensive Plan Update
3. Resolution to Adopt Town Credit Card Policy
4. Resolution to Approve Settlement of Tax Certiorari Proceeding Regarding Property on West Lake Road
5. Resolution to Grant Special Sign Permits to Masker Orchards for Directional Signs
6. Any other business as may come before the Board after this Agenda is posted
Public Comments
Budget Transfers
Vouchers
EXECUTIVE SESSION for the purpose of discussing litigation brought against the Town by Tuxedo Land Trust, Thomas Wilson, Mary Graetzer, Robert McQuilkin, Peter Regna, Torne Valley Preservation Association and Patricia Wooters
Adjournment
back to top
Town Board Meeting August 8, 2011
The Town Board met on Monday, August 8, 2011 at 7:30 pm.
The only item of business was the review and approval of vouchers.
The Board then went into Executive Session for the purpose of discussing police personnel matters, after which the meeting was adjourned.
back to top
Agenda For Town Board Meeting August 8, 2011
Call to Order
Pledge of Allegiance
1. Review and approval of vouchers
2. Any other business as may come before the board after this agenda is posted
EXECUTIVE SESSION for the purpose of discussing police personnel matters
Adjournment
back to top
Town Board Meeting July 25, 2011
The Town Board met on Monday, July 25, 2011 at 7:00 pm. All members were present.
Supervisor’s Update:
Supervisor Dolan announced that Town Planner Bonnie Franson will be leaving her present firm, Tim Miller Associates, and going to work for Town Engineers, Holzmacher, McLendon & Murrelll (H2M).She will continue to work for the Town through the end of the year, but will be billing them through H2M,. As of January 1, the Town will be looking for a new planner.
The LDC (Limited Development Corporation) funded though the Related Companies, is working on renovating the Route 17 bus shelter located in front of Tuxedo Square. Contractor Tom Salierno and Architect Billy Mincey (both of whom worked on the train station project) have been consulted. The Supervisor, who also serves on the Board of the LDC, presented drawings of the proposed building, which will echo the Tuxedo Square Building. It will be stucco with 2 windows in front and a slate roof. Plans are for benches and electric heating inside with a clock in front. The estimated cost for the project is $25,000. Dale Mottola expressed some concern that the shelter might block the businesses in Tuxedo Square from view and the Supervisor promised to keep that in mind.
The Supervisor and Councilman Phelps held their first meeting with the PBA Mediator.
Ace Café has expressed interest in buying the Red Apple Rest. They are a motorcycle themed bar and restaurant based in England.
Resolutions:
The following resolutions were passed:
- a resolution to adopt an Information Technology Policy – this will provide for internal controls to safeguard the Town’s computer information and establish rules and regulations or the acceptable use of Town equipment and computing systems.
- a resolution appointing Katie-Leigh A. Sovak as part-time Police Dispatcher
- a resolution determining the validity of petitions for a Proposition to Increase Budgetary Allocation for the Tuxedo Park Library to be included on the November 8, 2011 ballot
- a resolution to schedule the Public Hearing Continuatio regarding the Draft Comprehensive Plan Update on August 29, 2011 at 7:30 pm. The Town has heard back from the Orange County Planning Department on this proposed plan. Changes to the plan are forthcoming and will be placed on the Town’s website as soon as they are received
- a resolution to approve a raffle consent form for Windy Hollow Hunt, Inc. Hollow Hunt is a horse riding club which conducts fox hunting, primarily in Warwick and Florida, NY and in New Jersey. The raffle drawing will be on November 20, 2011.
- a resolution to approve a date change for Westwood Velo, Inc. Bicyle race from 8/13/11 to 8/7/11.
- acknowledgement of the receipt of a Liquor License renewal for Orange Top Diner
Finally, Supervisor Dolan reminded everyone of the free Community Concert and Picnic at Powerhouse Park on July 30, 2011 at 3 pm.
Public Comments:
A group of residents from the Woodlands, led by Mitchell Tanner, turned in a petition, containing 177 signatures, which stated that they are against locating a Town Pool at Murphy Field. The group also expressed their opposition to the planned installation of electricity in the pavilion at Murphy Field. They feel strongly that Murphy Field should remain a “passive” Park. Supervisor Dolan responded that there were no lights planned for the field. Presently when events, such as Family Fun Day, are held there the Town has to borrow generators from the Fire Departments in order to have power. The plans are to simply install some electrical outlets in the pavilion so they could eliminate the generators. Bob Werner inquired if there would be any overhead wiring and was told no. George Mollo wondered about the operating costs for a Town Pool. The Supervisor replied that at the present time, a Town Pool is merely in an exploratory phase. He feels a Pool would give the Town a sense of community – a place where people from all areas of Town could gather and get together. The first step is to find a place to put it. Kristian Matthews asked if the Town had considered contacting PIPC and inquiring whether they have a beach we could lease. Councilman Darling stated that he would like to look into getting the old Sterling Forest beach on Greenwood Lake and Supervisor Dolan reported that he is also investigating the possibility of Eagle Lake as well as the lake behind the American Legion Hall.
The meeting adjourned into an executive session for the purpose of discussing litigation.
back to top
Agenda for Town Board Meeting July 11, 2011
Call to Order
Pledge of Allegiance
1. Review and approval of vouchers
2. Any other business as may come before the board after this agenda is posted
Adjournment
back to top
Town Board Meeting June 13, 2011
The Town Board met on Monday, June 13, 2011 at 7:30 pm. All members were present.
Public Hearing to Receive Comments Regarding the Draft Comprehensive Plan Update:
Town Planner Bonnie Franson opened the Hearing by giving a history and overview of the Comprehensive Plan. The Town’s current Comprehensive Plan dates back to 1972. Much has happened in Town since then, and the plan has become obsolete although it’s goals and objectives are still relevant. The proposed update was started 4 years ago under a prior Town Board. Supervisor Magar and Councilwomen McCathern and Rauch commissioned a study of the Town Center and encouraged the Chamber of Commerce to conduct a survey regarding the goals and objectives for businesses in Town. Both the study and survey are available as appendices to the proposed draft plan. The work on this update was initiated by former Concilmen Castricone and Siegel in 2007 and passed to Councimen Phelps and Loncar in 2008. . It was first issued in March of 2008 and 2 public hearings were held at that time. Taking those comments into consideration, the Board has updated the plan.
The acquisition of Sterling Forest for the formation of a new State Park has diminished opportunities to create the large scale industrial and office parks which were envisioned in the 1972 Master Plan. Also, challenges to maintaining a cohesive community have been created due to the dedication of large amounts of land as parkland. The report recognizes that the Town of Tuxedo will remain rural and says it is unlikely that its population will ever exceed 10,000 people, yet it also states that the present population will at least double with the construction of Tuxedo Reserve. The plan acknowledges that the Town will have to grapple with new service demands made by Tuxedo Reserve and states that the development must be integrated in a manner that unifies, rather than segments the Town. Another goal is to consider appropriate land uses for the Arden Farm area of Town. The plan classifies this property as Conservation Residential and eliminates PIDs from this category.
In of the most recent Plan update, changes have been made due to Tuxedo Reserve. For example, housing valuation has been revised. The actual specifics of the plan will come in the zoning update, which is slated to follow passage of the plan. The Plan also urges the formation of an Advisory Environmental Council and as well as a freshwater wetlands law.
Howard Schaub, owner of the former Xicom property in Clinton Woods objects to the stated uses for his property. He feels the Town is restricting what can be done with his holding and he stated that he felt that once the plan was passed, zoning that conforms to the plan is a fete accompli. He feels that the RO/LIO zone that the property is classified by discriminates against his property \and eliminates his “as of right” provision. Town Attorney Don Nichols invited Mr.. Schaub to submit suggestions as to how he thinks his property should be zoned. Supervisor Dolan stated that Mr. Schaubhas wanted to circumvent the process which all prospective builders must go through, and noted that although he has never submitted any plans to the Planning or Zoning Boards, he has already sued the Town on the issue and lost.
Mike Santoianni, whose firm TPA Realty is the broker for Mr. Schaub stated his position that legislating land use is wrong. He has been tryng to sell the Xicom property for many years and has not been able to because it’s uses are restricted. Mr. Santoianni also noted that the plan suggests moving the School and stated his firm opposition to having it moved to the rocky property first proposed by Tuxedo Reserve.
Andy Berish inquired as to whether the Plan would affect any litigation and he was told it would not.
Paul Gluck expressed his desire to see provisions made for pedestrian and bicycle safety along Route 17. He felt that if these concerns were made part of the Master Plan, it might open up possible grant money for this purpose. Ms. Franson responded that the Plan sees the proposed River Trail as answering this need.
John Kwasnicki asked if the comment period would be extended for 10 days after the close of the public hearing. He was told that the public hearing was going to be extended as the Town is still waiting for recommendations from the Orange County Department of Planning. Mr. Kwasnicki also noted that in giving the history of land use in Tuxedo, the Plan had left out any mention of the proposed Sterling One project. Finally, he noted that the Village of Sloatsburg should be notified of the plan and any future public hearings and asked if the Board would be sending the document to the Planning Board for their recommendations. He was told yes, but only after the Town Board has finished with the document.
Lesley Devore asked if changing the zoning would allow Tuxedo Reserve to change their zoning and was told it would not.
Town Supervisor/Town Board Update:
The Supervisor remarked that the Town had a very successful Memorial Day celebration and parade and thanked everyone who participated. He reported that the Orange County Department of Health would be spraying catch basins throughout the County in July and August in an effort to control mosquitoes. Supervisor Dolan is in receipt of a letter from The Watchtower who is proposing to build their World Headquarters for the Jehovah’s Witnesses on the old International Nickel property on Long Meadow Road. The letter states that the DEIS for the project is complete and a public hearing on the project will be held at the Warwick Town Hall on July 20th at 7:30 pm. An electronic version of the DEIS can be found on the Town of Warwick’s website at http://www.townofwarwick.org Finally, the Supervisor reported that he is in ongoing talks with the Thruway Authority about the berming in the East Village.
Discussion and Poissible Reolution to Adopt Comprehensive Plan Update:
This resolution was tabled as the Board has not yet received comments from the Orange County Planning Department.
Resolution to Adopt Town Board Summer Meeting Schedule:
The Board set the following meeting dates for the summer months:
June 27 – voucher only meeting
July 11 – voucher only meeting
July 25 – regular Town Board Meeting
August 8 – voucher only meeting
August 29 – regular Town Board meeting
back to top
Notice of Public Hearing on Draft Comprehensive Plan June 13, 2011
NOTICE OF PUBLIC HEARING CONTINUATIO
PREPARATION OF A DRAFT COMPREHENSIVE PLAN
PLEASE TAKE NOTICE that, pursuant to Section 272-a of the Town Law of the State of New York, the Town Board of the Town of Tuxedo will hold a public hearing continuation at Town Hall, One Temple Drive, Tuxedo, New York, on Monday, June 13, 2011, at 7:30 p.m. for the purpose of soliciting public participation in the preparation of a draft Comprehensive Plan Update.
Copies of the draft Comprehensive Plan Update are available for inspection at Town Hall, on the Town of Tuxedo website at www.tuxedogov.org, at the Tuxedo Park Library, 227 Route 17, Tuxedo, New York and at the Village of Tuxedo Park Village Hall, 80 Lorillard Road, Tuxedo Park, New York.
All interested persons will have an opportunity to be heard at this hearing.
BY ORDER OF THE TOWN BOARD
TOWN OF TUXEDO
ELAINE M. LAURENT, TOWN CLERK
back to top
Town Board Meeting May 23, 2011
The Town Board met on Monday, May 23, 2011 at 7:30 pm. All members were present
The meeting began with a moment of silence for lifelong Town resident, John Kovaly, who passed away recently at the age of 93.
Public Comments on Agenda Items:
John Kwasnicki of Sloatsburg spoke on agenda item #7, a reminder of the public hearing for the draft comprehensive plan update. Having studied the minutes from previous public hearings on this plan (9/8/08 and 2/9/09) he saw mention of a 30 point memo on the subject and wondered what the status was of those questions. He also inquired as to when the Master Plan Committee had their meetings. Supervisor Dolan responded that the committee had been comprised of former council members Castricone and Seigel and that he couldn’t remember when the meetings had been. Town Attorney Nichols stated that the committee was an Advisory Committee and, as such,, was not required to have minutes. He added that the Town had used an alternate method with the Town Board authoring the plan, rather than a committee. Mr. Kwasnicki commented that 2 Town Board members didn’t constitute a quorum to which Mr. Nichols replied they didn’t have to be. Supervivsor Dolan remarked that the Plan had been worked on by the previous administration as well. Mr. Kwasnicki commented that Tuxedo’s method seems to be very different from those used by many other neighboring Towns. Mr. Nichols stated that the Town’s method is permissible and proper and that it is also probably less expensive than the methods being used by other Towns. Mr. Dolan then stated that Councilmen Phelps and Loncar have worked on the plan. He also emphasized that the Master Plan itself doesn’t change anything in Town as it simply outlines the direction the Council would like to see the Town go in moving forward. .
Town Supervisor/Town Board Update:
Supervisor Dolan reported that the previous week the entire Town Board had met with engineers from the New York Thruway and that e, Councilman Phelps and Highway Superintendent Pfizenmaier had met with the Thruway Authority that morning. They are trying to alleviate water problems in the East Village.
Resolutions:
The following resolutions were passed:
-
a resolution granting a special use permit for the Farmers’ Market at the Train Station
-
a resolution granting a special sign permit for Farmers’ Market and Chamber of Commerce banners. These will be hung the same way they were last year and will be installed this week
-
a resolution appointing Louis DeBrino, Jr as Highway summer laborer
-
a resolution approving the execution of the agreement for police coverage for the Renaissance Faire
-
a resolution setting Monday, June 13, 2011 at 7:30 pm as the date for the continuation of the Public Hearing on the Draft Comprehensive Plan.
The Supervisor reminded everyone of the followoing Memorial Day observations:
10:00 am – Morning Services at Southfields Memorial (at Police Station)
11:30 am – Parade Kickoff from Tuxedo High School
12:30 – Community Picnic sponsored by the Library at the Library.
Other Business:
There is an opening on the Board of Assessment Review due to Jerry Magurno’s having moved to Suffern. Mr. Dolan proposed provisionally appointing Leon Gasthalter of the Woodlands conditional upon his completing the required training for the position. The Town Board will interview Mr. Gasthalter before their next meeting at which point, the appointment may become permanent.
back to top
Agenda for Town Board Meeting May 23, 2011
Call to Order
Pledge of Allegiance
Moment of Silence and Reflection to Honor Memory of John J. Kovaly
Minutes
Monthly Reports
Public Comments on Agenda Items
1.
Town Supervisor/Town Board Update
2.
Resolution to Grant Special Use Permit for Farmers’ Market at Train Station
3.
Resolution to Grant Special Sign Permit for Farmers’ Market and Chamber Banners
4.
Resolution to Appoint Louis DeBrino, Jr. as Highway Summer Laborer
5.
Resolution to Approve Execution of Agreement for Police Coverage for Renaissance Faire®
6. Reminder of Community Memorial Day Parade and Observances – May 30, 2011
7.
Reminder of Public Hearing Continuation on Draft Comprehensive Plan Update – June 13, 2011
8. Any other business as may come before the Board after this Agenda is posted
Public Comments
Budget Transfers
Vouchers
EXECUTIVE SESSION for the purpose of discussing litigation brought against the Town by Tuxedo Land Trust, Thomas Wilson, Mary Graetzer, Robert McQuilkin, Peter Regna, Torne Valley Preservation Association and Patricia Wooters
Adjournment
back to top
Town Board Meeting May 9, 2011
The Town Board met on Monday, May 9, 2011 at 7:30 pm. Councilman Phelps was absent
Public Comments on Agenda Items:
Andrew Berish asked for an explanation of the draft Comprehensive Plan. Supervisor Dolan explained that the Town is working on rezoning some property in Town and changing it to R4 (4 acre parcels of land).
Town Supervisor/Town Board Update:
The Supervisor reported that fencing has been installed at Tichy Field as well as for the ball field at Powerhouse Park and the Skate Park.
Supervisor Dolan is in receipt of a letter from United Water stating that they will be conducting smoke testing on the sewer mains in Laurel Ridge and Clinton Woods within the next couple of weeks. United Water has informed the Supervisor that they intend to fight New York State on their proposed attempt to collect the sales tax on sewer billing , which they forgot to charge for seven years.
The Supervisor also received a letter from the Rockland County Department of Planning informing him that the proposed age-restricted housing development known as the Lorterdan Properties which is located across County Rd 72 from Eagle Valley has been disapproved.
Town Pool: The Supervisor, Councilmen Loncar and Phelps and Recreation Chair Shari Brooks met with representatives of the Renaissance Faire. It has been determined that Tichy Field is probably not an ideal location for a pool. Thus, they are investigating locating it in Lot 4 (large open field) of the Renaissance Fair property. They are also looking at the possibility of locating a pool at Murphy Field.
The police department conducted a commercial vehicle inspection on Friday, April 29. During the inspection, 28 uniform traffic tickets were issued as well as one arrest for driving with a suspended license and 4 trucks put out of service due to unsafe issues. Plans are to conduct such inspections twice a month through October.
Commendation of 2010 Police Officer of the Year:
This award was recently given to Sergeant. Anthony D’Elia and Detective. Stefan Christian for their part in the investigation, which led to the arrest of Jesse Green.
Resolutions:
The following resolutions were passed:
-
a resolution to approve the form of petition of proposition to raise Library taxes – this places the Library budget on the ballot
-
a resolution to grant special use and special sign permits for the Library Memorial Day Community Picnic to be held at the Library on May 30. 2011 from 12:00 noon to 2:30 pm
-
a resolution to grant a special use permit to Tuxedo Performing Arts Group (TPAG) for a free Community Concert and Picnic at Powerhouse Park on July 30, 2011 commencing at 5:00 pm
-
a resolution scheduling a public hearing continuation regarding the Draft Comprehensive Plan Update for June 13, 2011 at 7:30 pm
-
acknowledgment of receipt of Liquor License Renewals for the following taverns at the Renaissance Faire: The Blue Boar Inn, Puss ‘N Boots,, Cock and Bull, Matty Grove’s Tavern, Ye Rusty Knife, Hawker’s Crossing and Joust Pub.
Other Business:
There will be a full volume test of the Indian Point Siren System conducted on Wednesday, May 11th between 10 am and 11 am. During the test, sirens will sound simultaneously for about four minutes.
Dog Day Derby will be held at the Goshen Historic Track on May 15th from 10 am to 3 pm.
The Town will be scheduling movie nights this summer, including one that will be for adults only!
back to top
Agenda for Town Board Meeting May 9, 2011
Call to Order
Pledge of Allegiance
Minutes
Monthly Reports
Public Comments on Agenda Items
1. Town Supervisor/Town Board Update
2. Commendation of 2010 Police Officer of the Year Award Recipients Sgt. Anthony D’Elia and Det. Stefan Christian
3. Resolution to Schedule Public Hearing Regarding Draft Comprehensive Plan Update
4. Resolution to Approve Form of Petition of Proposition to Raise Library Taxes
5. Resolution to Grant Special Use and Special Sign Permits for Library Memorial Day Community Picnic at Library on May 30, 2011 from 12:00 noon to 2:30 p.m.
6. Resolution to Grant Special Use Permit to Tuxedo Performing Arts Group for Community Concert and Picnic at Powerhouse Park on July 30, 2011 Commencing at 5:00 p.m.
7. Acknowledgment of Receipt of Liquor License Renewals for Various Taverns at Renaissance Faire®
8. Notification of Full-Volume Indian Point Siren System Test on May 11, 2011 from 10:00 a.m. to 11:00 a.m.
9. Notification of Dog Day Derby at Goshen Historic Track on May 15, 2011 from 10:00 a.m.-3:00 p.m.
10. Any other business as may come before the Board after this Agenda is posted
Public Comments
Budget Transfers
Vouchers
EXECUTIVE SESSION for the purpose of discussing litigation brought against the Town by Tuxedo Land Trust, Thomas Wilson, Mary Graetzer, Robert McQuilkin, Peter Regna, Torne Valley Preservation Association and Patricia Wooters
Adjournment
back to top
Town Board meeting April 25, 2011
The Town Board met on Monday, April 25, 2011 at 7:30 pm. Councilman Darling was absent.
Public Comments on Agenda Items:
In anticipation of discussion about the possible Town Pool, one person suggested using the lake in Harriman State Park on which Baker Camp is located. Contact names and numbers were provided. Someone also suggested the “earth pool” located in Ridgewood as an alternative idea for the Town. Additionally, someone suggested opening the Village’s North gate to make access to the Wee Wah easier. Supervisor Dolan replied that this would be for the Village Board to decide.
Town Supervisor/Town Board Update:
Supervisor Dolan reported having met with several New York Thruway staff regarding the bridge work in the East Village. Concerns about ongoing traffic,, the need for emergency vehicle access, the need for landscaping in the Emergency Gate area and the need for the Thruway Authority to clarify what work needs to be done and how long it will take were all covered.
Mr Dolan also stated that the Town and the Police Department are now using a mediator to help them reach an agreement on the Police contract.
Discussion Regarding Town Pool:
The proposed area for the pool is the current tennis court at Tichy Field. The court isx 40’ by 60’ and this is also the tentative dimention of a pool. Well water in the immediate area produced about 20 gallons an hour. Supervisor Dolan asked the Board members whether thehy thought a feasibility study should be done to include tentative costs for both a pool and a nearby kids’ water park. The rough estimate is that each would cost approximately $170,000. The Board agreed this was worth further study. Under public comment, one person suggested sending out a survey to all Town/Village residents to get a sense of the level of community support for such an undertaking. It was pointed out that there would be parking issues at Tichy Field. The existing 20 year old pool in Sloatsburg will be studied from an upkeep perspective since the $340,000 guesstimate does not include annual upkeep, staffing or insurance. Murphy Field could be a fallback location.
Resolutions:
A resolution granting a special permit for a Boy Scout Campout in one of the Renaissance Faire’s parking lots from 5/13-5/15.
Discussion of Finalization of Town Comprehensive Plan:
This will be the subject of another public meeting at a time and date
Other Business:
Assemblywoman Annie Rabbitt will be at the Train Station on May 13th from 10 to noon.
The Police have been awarded a $25,000 grant for the second time in 7 years. They will use it to purchase a new police car.
Parking around Circle Drive by non-residents is being aggressively enforced by the Police Department. If a resident should get accidentally ticketed in the process, the ticket will be dismissed.
back to top
Agenda for Town Board Meeting April 25, 2011
Call to Order
Pledge of Allegiance
Minutes
Monthly Reports
Public Comments on Agenda Items
1.
Town Supervisor/Town Board Update
2.
Discussion Regarding Town Pool
3.
Resolution to Grant Special Permit for Boy Scout Campout at Renaissance Faire
4.
Discussion of Finalization of Town Comprehensive Plan
5.
Notification of “Meet & Greet” with Assemblywoman Annie Rabbitt at Train Station - 05/13/11
6.
Any other business as may come before the Board after this Agenda is posted
Public Comments
Budget Transfers
Vouchers
EXECUTIVE SESSION for the purpose of discussing litigation brought against the Town by Tuxedo Land Trust, Thomas Wilson, Mary Graetzer, Robert McQuilkin, Peter Regna, Torne Valley Preservation Association and Patricia Wooters
Adjournment
back to top
Town Board Meeting April 11, 2011
Monday, April 12, 2011 at 7:30 pm. Councilman Phelps was absent.
The meeting began with a moment of silence for lifelong Town resident, Rocky Catrini who passed away recently.
Town Supervisor/Town Board Update:
Supervisor Dolan reported that the Town had received a favorable ruling in the Orange and Rockland rate case. The utility company was asking for a 12% increase and this has been bargained down to 9.2%. The Supervisor has banded together with Warwick Supervisor Sweeton to negotiate with United Water who has discovered that they forgot to bill residents tax on their water bills and is proposing to bill customers retroactively.
Next, the Supervisor reported that since the Village Board of Trustees has voted to go ahead with repairs to the WeeWah dam, the Town recreation program will return to the WeeWah Beach Club location this summer. He also reported having had one meeting with a pool company to explore the possibility of installing a Town Pool at Tichy Field. It would be located where the present tennis courts are and the courts would be moved, possibly to the Powerhouse site.
After meeting with Engineer Gary Loesch and Attorneys Howard Protter and Larry Wolinsky, Supervisor Dolan has decided to write a letter to the New York State DEC stating that the Town is sill in active negotiation with the Related Companies for the Tuxedo Reserve development and that a part of that negotiation is for Related to build a new wastewater treatment plant for the Town. In the meantime, the Town is still in compliance with their SPDYS permit so they have abandoned plans for the “package plant,” as well as the quick repair to the existing plant
Resolutions
The following resolutions were passed:
-
a resolution to appoint Christopher McGrady as Spring/Summer Highway Laborer
-
A resolution to exercise the option to extend Refuse Company contract through 2012
-
a resolution to grant Special Use and Sign permits to St. Mary’s Outreach Community Yard Sale at the Train Station on May 14, 2012
-
a resolution to grant special “for sale” Temporary Sign Permit for International Paper site.
Other Business:
Police Chief Patrick Welsh reported that on April 7th, the Valero station in Southfields was burglarized with the robbers being in and out of the station in one minute. Within 3 hours, the police had the suspect in custody. The same suspect will also be charged for the recent burglary of On the Way Café.
back to top
Agenda for Town Board Meeting April 11, 2011
Call to Order
Pledge of Allegiance
Moment of Silence and Reflection to Honor Memory of Rocco (“Rocky”) Catrini
Minutes
Monthly Reports
Public Comments on Agenda Items
1.
Town Supervisor/Town Board Update
2.
Resolution to Appoint Christopher McGrady as Spring/Summer Highway Laborer
3.
Resolution to Exercise Option to Extend Refuse Hauling Contract through 2012
4.
Resolution to Grant Special Use and Sign Permits for St. Mary’s Outreach Community Yard Sale at Train Station - May 14, 2010
5.
Resolution to Grant Special “For Sale” Temporary Sign Permit for International Paper Site
6.
Any other business as may come before the Board after this Agenda is posted
Public Comments
Budget Transfers
Vouchers
EXECUTIVE SESSION for the purpose of discussing litigation brought against the Town by Tuxedo Land Trust, Thomas Wilson, Mary Graetzer, Robert McQuilkin, Peter Regna, Torne Valley Preservation Association and Patricia Wooters
Adjournment
back to top
Informational meeting Regarding Thruway Bridge Work In the East Village April 5, 2011
To: All Interested Parties
Where: Sons Of Italy Club
HH Rogers Cabrini Lodge
1353 East Village Road
Tuxedo, NY 10987
When: Tuesday, April 5, 2011
Time: 7:00 P.M.
Speakers: Supervisor Peter M. Dolan
Deputy Supervisor Gary Phelps
This is an informal meeting to disseminate and discuss information, and all are welcome to attend.
back to top
Town Board Meeting March 28, 2011
The Town Board met on Monday, March 28, 2011 at 7:30 pm. All members were present.
Town Supervisor/Town Board Update:
Supervisor Dolan reported having received a letter from James Tierney of the DEC with regard to discharges into the Ramapo River from Wastewater Treatment Facilities. The letter noted that the facility in Tuxedo is in need of rehabilitation and upgrades. Since the Town feels they can’t make final plans for the plant due to the litigation regarding Tuxedo Reserve, they are now looking into the possibility of bringing in a “package plant” (basically a trailer on an 18 wheel vehicle) to use as a holding pattern.
The Supervisor also reported that he had had conversations with Tuxedo Park Mayor Houston Stebbins regarding the Wee Wah dam. Damage from the recent excessive rains and flooding have made repairs to the dam necessary. The Village is currently in the process of deciding whether they will lower the lake water and put in a temporary patch or drain the lake and do the major repairs (or possiblly rebuild the dam) now. Until this decision has been made, it won’t be known whether or not there will be a swimming season at the Wee Wah Beach Club. Thus, the Town will have to explore alternatives for the Summer Recreation program. They have not decided on an alternative as of yet. The Supervisor has been investigating the idea of building a Town Pool so that in the future, there would be no question about where recreation programs would be held. The problem lies in identifying a piece of Town property suitable for a pool. They have ruled out the Powerhouse property because of flooding. They will consider Tichy Field, Murphy Field or a future piece of property to be donated by Tuxedo Reserve.
Resolutions
back to top
Agenda for Town Board Meeting March 28, 2011
Call to Order
Pledge of Allegiance
Minutes
Monthly Reports
Public Comments on Agenda Items
1. Town Supervisor/Town Board Update
2.
Resolution to Grant Special Permit to Tri-State Motorcycle Club for Off-Road Race at Tuxedo Ridge
3.
Resolution to Establish Payment Amount to Employees Electing Waiver of Health Insurance Pursuant to Chapter 16, Article VI of Town Code
4.
Resolution to Approve Renumbering of and Correction to Local Law #5 of 2010
5. Any other business as may come before the Board after this Agenda is posted
Public Comments
Budget Transfers
Vouchers
EXECUTIVE SESSION for the purpose of discussing litigation brought against the Town by Tuxedo Land Trust, Thomas Wilson, Mary Graetzer, Robert McQuilkin, Peter Regna, Torne Valley Preservation Association and Patricia Wooters
Adjournment
back to top
Town Board Meeting March 14, 2011
The Town Board met on Monday, March 14, 2001 at 7:30 pm. All members were present.
The meeting began with a moment of silence for the victims and survivors of the earthquake and tsunami in Japan. This was followed by another moment of silence honoring the memories of Robert Manning, Sloatsburg resident and proprietor of Miele’s Restaurant, Adrienne Murphy of Laurel Ridge and Town Computer Consultant Craig Newell all of whom passed away recently.
Town Supervisor/Town Board Update:
The Supervisor began his report by thanking Highway Chief Ed Pfizenmaier and Police Chief Welsh as well as the Town Fire Departments for their work during the recent flood. He mentioned that parts of Warwick Brook Road are still flooded and the road remains closed. The Highway Department expects that it will reopen within the next 3-4 days.
Supervisor Dolan reported that he is almost through negotiating the Police contract and hopes to have it finished by the next Town Board meeting on March 28th. He also stated that he is currently working on two different grants from the County. Finally, he reported that he is planningto have a meeting with Congresswoman Nan Hayworth within the next week
Resolutions:
The following resolutions were passed:
a resolution to rescind stipends for Town Board liason assignments
-
a resolution to surplus 3 Highway Trucks and list them for sale on eBay
-
a resolution proclaiming April, 2011 as Prevention of Animal Cruelty Month
-
a resolution contenting to sales of raffle tickets by Occupations, Inc. in the Town of Tuxedo.
The meeting adjourned into an Executive Session to discuss the litigation brought against the Town by the Tuxedo Land Trust et. al.
back to top
Agenda for Town Board Meeting March 14, 2011
Call to Order
Pledge of Allegiance
Minutes
Monthly Reports
Public Comments on Agenda Items
1. Town Supervisor/Town Board Update
2.
Resolution to Rescind Stipends for Town Board Liaison Assignments
3.
Resolution to Surplus Two Highway Trucks and List for Sale on eBay
4.
Resolution to Proclaim April, 2011 as Prevention of Animal Cruelty Month
5.
Resolution to Consent to Sales of Raffle Tickets by Occupations, Inc. in Town of Tuxedo
6.
Any other business as may come before the Board after this Agenda is posted
Public Comments
Budget Transfers
Vouchers
EXECUTIVE SESSION for the purpose of discussing litigation brought against the Town by Tuxedo Land Trust, Thomas Wilson, Mary Graetzer, Robert McQuilkin, Peter Regna, Torne Valley Preservation Association and Patricia Wooters
Adjournment
back to top
Town Board Meeting March 1, 2011
The Town Board met on Tuesday, March 1, 2011 at 7:30 pm. All members were present.
The meeting began with a moment of silence for Town Residents James L. Eirand, Sr. and Samantha Anne Horneman and Suffern resident John Montayne all of whom passed away recently.
Public Comments on Agenda Items:
Addressing the resolution to offer reimbursement of personal vehicle and phone expenses to the Dog Control Officer, Romulus Chivu of the Woodlands asked whether the Town could just eliminate the position altogether. Supervisor Dolan explained that New York State mandates that the Town have animal control services and that maintaining this position is the most cost effective way to comply with the law.
Resolutions:
The following resolutions were passed:
-
a resolution adopting an updated Town Procurement Policy as per the recommendation of the State Auditor.
-
a resolution to authorize reimbursement of personal vehicle mileage and phone expenses to the Dog Control Officer
-
a resolution to authorize the Town Clerk to attend the NYS Town Clerks Association Training Conference in Buffalo, NY from 5/1-5/4.
-
a resolution to appoint Joanne Ennis as Part-Time 2nd Deputy Clerk (1st Deputy Clerk Nina Matthews is on vacation for a month)
-
a resolution to appoint Brian Sullivan as Part-Time Assistant Bookkeeper. (the Bookkeeper, Pat Sullivan has a new job which will potentially involve a lot of traveling).
-
a resolution to appoint Kent Clark as a member of the Board of Fire Commissioners.
Public Comments:
Mary Hansen inquired as to the status of the Sean Neal lawsuit and was informed that it had been settled.
Jim Hays reminded the Board that in January they had outlined two possible approaches for dealing with the Waste Water Treatment plant. He wondered whether they had made a decision as to which approach they wanted to take. He further suggested a third possibility…that of pumping and tying in with the treatment plant in the Village. Supervisor Dolan responded that a decision had not yet been made.. The process is complicated by the fact that the DEC will not outline specifically what they are looking for The Town has to do the planning and engineering and then submit these plans to the DEC for review. Since the planning and engineering phases are expensive, the Town wants to get it right with as few submissions as possible. The Supervisor noted that they had investigated tying into the Village’s system but felt that it would be an expensive approach as it would require running pipe for a long distance.
George Mollo of the Woodlands, spoke on the subject of the Board’s added stipends for “liasonships.” He inquired as to the differences in pay between the Town of Tuxedo and other municipalities. He also wanted to know specifically what would be required of each Board member to entitle them to the money. Finally, he wondered what the return on the Town’s investment would be. Supervisor Dolan responded that serving on the Town Board means more than just attending two meetings a month. There are multiple other meetings that Board members are asked to cover such as meetings with the DEC, meetings of the LDC and others. In order to attend all these meetings Board members must take time away from their families and other jobs. Thus, the Board felt that they were entitled to more compensation, especially when they discovered that Board members in surrounding communities were being compensated at a higher rate. Mr. Mollo noted that each of the Board members knew what the salary was when they decided to run for the job. He pointed out that members of the School Board receive no compensation at all for the work that they do. Supervisor Dolan replied that the School Board meets only once a month and they do not do the same amount of physical work or “brain work” that the Town Board has to do. As the Supervisor sees it, the School Board reviews things that are given to them by paid professionals. The Town Board are paid professionals who are being paid at a very low rate of pay. Mr. Mollo disagreed with this, stating that the School Board was no longer a “rubber stamp board,” and that they are now doing quite a bit more work than they used to do.
Ulrich Pendl added that the Town Board had chosen a particularly bad time to give themselves a raise as the economy is in deep trouble. Councilman Phelps responded “but, the Town of Tuxedo is not!”
Tom Wilson of Tuxedo Park remarked that his question was not so much about the dollar amount of the raise, but rather the process that the Board went through in awarding themselves the raise. He commented that when the Board had given public notice back in October about the 3.5% increase in the their salaries, they did not mention the $500 stipend per “liasonship,” nor was it noted in the Preliminary or Final Budgets. Mr. Wilson maintains that the Board cannot just go ahead and give themselves a raise, as they did in January, without giving public notice.
The Town Clerk remarked that the Board does not have to give public notice every time they change the budget.
Mr. Wilson agreed that this was true but stated that Town and State law mandates that the Board’s salaries are “all inclusive.” They can’t give themselves incremental raises or stipends without notifying the public. They can give a raise or bonus to any Town employee that they choose, but as elected officials, they must give notice when they want to change their own income.
Mrs. Spivak commented that if they’d made a mistake, then they would have to go through the correct process.
Mr. Wilson then inquired as to what the Board/liason attendance had been thus far at the organizations for which the stipends applied. . He noted he knew that Mr. Loncar had been at the School Board meeting, but he didn’t know about any of the other meetings.
“It’s February. Give us some time,” replied Mr. Phelps.
At this point, the Board abruptly adjourned the meeting and went into Executive Session to discuss the lawsuit filed against them regarding Tuxedo Reserve.
Addendum:
On Wednesday March 2nd, at a meeting of The Woodlands HOA, Supervisor Dolan announced that council had informed him that the process followed for bestowing the stipends was questionable and thus he has rescinded the stipends.
back to top
Agenda for Town Board Meeting Tuesday, March 1, 2011
Call to Order
Pledge of Allegiance
Moment of Silence and Reflection to Honor Memories of James L. Eirand, Sr., Samantha “Sammi” Anne Horneman and John R. Montanye
Minutes
Monthly Reports
Public Comments on Agenda Items
1. Town Supervisor/Town Board Update
2. Resolution to Adopt Updated Town Procurement Policy
3. Resolution to Authorize Reimbursement of Personal Vehicle Mileage and Phone Expenses to Dog Control Officer
4. Resolution to Authorize Town Clerk to Attend the NYS Town Clerks Association Training Conference in Buffalo, New York, May 1 through May 4, 2011
5. Resolution to Appoint Joanne Ennis as Part-Time 2nd Deputy town Clerk
6. Any other business as may come before the Board after this Agenda is posted
Public Comments
Budget Transfers
Vouchers
EXECUTIVE SESSION for the purpose of discussing litigation brought against the Town by Tuxedo Land Trust, Thomas Wilson, Mary Graetzer, Robert McQuilkin, Peter Regna, Torne Valley Preservation Association and Patricia Wooters
Adjournment
back to top
Town Board Meeting Cancelled Due to Lack of Quorum
At the last minute, the February 14th Town Board meeting has been cancelled as two of the Board members cannot be there due to sudden, unforeseen circumstances.
Click here for more information.
back to top
Agenda for Town Board Meeting February 14, 2011
Call to Order
Pledge of Allegiance
Minutes
Monthly Reports
Public Comments on Agenda Items
1. Town Supervisor/Town Board Update
2. Resolution to Adopt Updated Town Procurement Policy
3. Resolution to Authorize Town Clerk to Attend the NYS Town Clerks Association Training Conference in Buffalo, New York, May 1 through May 4, 2011
4. Notification of Full-Volume Test of Indian Point Siren System - February 16, 2011
5. Any other business as may come before the Board after this Agenda is posted
Public Comments
Budget Transfers
Vouchers
EXECUTIVE SESSION for the purpose of discussing litigation brought against the Town by Tuxedo Land Trust, Thomas Wilson, Mary Graetzer, Robert McQuilkin, Peter Regna, Torne Valley Preservation Association and Patricia Wooters
Adjournment
back to top
Town Board Reorganization and Regular Bi-Monthly Meetings January 24, 2011
The Town Board held their Reorganization meeting on Monday, January 24 2011 at 7:30 pm. Councilman Loncar was absent.
The meeting was preceded by an Executive Session with Attorney Larry Wolinsky. This session for the purpose of discussing the litigation brought against the Town by the Tuxedo Land Trust, et. al was originally scheduled for after the regular meeting. It was moved to accommodate Mr. Wolinsky’s schedule commitments.
The following appointments were made:
Deputy Supervisor: Gary Phelps
Supervisor’s Clerk: Sherri Brooks
Supervisor’s Bookkeeper: Patricia Monico-Sullivan
Deputy Registrar: Antoinette Matthews
First Deputy Town Clerk: Antoinette Matthews
The yearly salaries were approved were approved for the following Town Officials:
Supervisor Peter M. Dolan $34,983.00
Town Councilperson Thomas J. Darling $6,013.35
Town Councilperson Clifford Loncar $6,013.35
Town Councilperson Gary L. Phelps $6,013.35
Town Councilperson Lisa Spivak $6,013.35
Town Justice Loretta Davis $25,306.00
Town Justice Shawn Brown $22,562.50
Receiver of Taxes Gregory Stevens $10,298.00
Town Clerk Elaine Laurent $57,366.00
Superintendent of Highways Edward Pfizenmaier $87,975.00
Supervisory Court Clerk Elizabeth Smith $43.056.00
Justice Clerk Claire Squillini $29 .785.00
Court Clerk (part-time) Mary Stalnaker $26,566.00
Supervisor’s Clerk/Summer Camp Director Shari Brooks $51,018.00
Town Bookkeeper Patricia Monico-Sullivan $24,403.00
Assistant Bookkeeper To be filled by Bookkeeper $2,500.00/yr
Budget Officer Peter M. Dolan $4,075.00
Deputy Budget Officer Patricia Monico-Sullivan $4,656.00
Assessor (part-time) Gregory Stevens $36,530.00
Board of Assessment Review Chairman Louis DeBrino (9/230/2011) $1,400.00
Board of Assessment Review Member Edward Brennan (9/30/2011) $500.00
Board of Assessment Review Member Nathaniel Jackson (9/30/2012) $500.00
Board of Assessment Review Member (Open)(9/30/2013) $500.00
Board of Assessment Review Member Carol Matthews (9/30/2-13) $500.00
First Deputy Town Clerk Antoinette Matthews $29,241.00
Payroll Clerk Anita Rogers $2,600.00
Payroll Clerk Deborah Villanueva $2,600.00
Records Management Officer Elaine Laurent $3,380.00
Deputy Records Management Officer Antoinette Matthews $2,239.00
Dog Control Officer Thomas Murphy $6,750.00
Emergency Management Officer Peter Dolan 687.50
Deputy Emergency Management Officer Nils Gerling $687.50
Clerk for Superintenent of Highways (part-time) Deborah Villanueva $18.77/hr.
1st part-time Parking Fee Collector Claire Squillini $15.00/hr.
2nd part-time Parking Fee Collector Mary Stalnaker $13.70/hr.
Police Chief Patrick W. Welsh, IV As per contract
Police Lieutenant, Sergeants, Patrolmen As per contract
Full-time Police Dispatchers As per contract
Part-time Police Dispatchers $12/hr during training and $15/hr. after training.
Police Matrons Margaret Barufaldi, Dawn Graham As per comtract
Fire and Building Inspector David Maikisch $56,666.00
Project Coordinator for Building Dept., Planning Board, ZBA and ARB Anita Rogers $49,817.00
Parks & Recreation Advisory Board Member Edward Pfizenmaier (12/31/2013) No compensation
Parks & Recreation Advisory Board Member Deborah Villanueva (12/31/2013) No compensation
Parks & Recreation Advisory Board Member Adam Frank (12/31/2011) No compensation
Parks & Recreation Advisory Board Member Paul DiPaulo (12/31/2011) No compensation
Parks & Recreation Advisory Board Member Joseph Ricard (12/31/2012) No compensation
Parks & Recreation Advisory Board Member Jean Ruffino (12/31/2012) No compensation
Parks & Recreation Advisory Board Member Lesley DeVore (12/31/2012) No compensation
Board of Fire Commissioners Member Gardiner Hempel, Jr. (12/31/2011) No compensation
Board of Fire Commissioners Member Edward J. Brennan, Jr. (12/31/2012) No compensation
Board of Fire Commissioners Member Ralph Brooks, Sr. (12/31/2013) No compensation
Board of Fire Commissioners Member Kenneth R. Magar, Sr. (12/31/2013) No compensation
Board of Fire Commissioners Member Charles Jones (12/31/2014)
Board of Fire Commissioners Member Elwood J. Briggs (12/31/15) No compensation
Board of Fire Commissioners Member OPEN No compensation
Zoning Board of Appeals Chairman Francis W. Peverly (12/31/2010) $1,541.00
Zoning Board of Appeals Member Andrew Rogers (12/31/2011) $1,115.00
Zoning Board of Appeals Member Brian Sullivan (12/31/2012) $1,115.00
`Zoning Board of Appeals Member George Langberg (12/31/2013) $1,115.00
Zoning Board of Appeals Member Russell Shaver (12/31/2014) $1,115.00
Planning Board Chairman Nils Gerling (12/31/2011) $5,806.00
Planning Board Member Mary Hanson (12/31/2010) $2,496.00
Planning Board Member Susan Goodfellow (12/31/2012) $2,496.00
Planning Board Member Joseph Gartiser (12/31/2013) $2496.00
Planning Board Member Robert Thompson (12/31/2014) $2496.00
Planning Board Alternate OPEN POSITION (12/31/2009) $1,000.00
Architectural Board of Review Chairman Michael Reardon (12/31/2010) $1,672.00
Architectural Board of Review Member George McCathern (12/31/2010) $1,081.75
Architectural Board of Review Member Darren Maynard (12/31/2011) $1,081.75
Architectural Board of Review Member Dale Mottola (12/31/2011) $1,081.75
Architectural Board of Review Member OPEN POSITION (12/31/2012) $1,081.75
Recording Secretary to Zoning Board, Planning Board and ARB Deborah Villanueva $18.77/hr.
Highway Dept. employees As per contract
Hamlet Sewer District Administrator To be appointed To be determined
Town Legal Counsel Jacobiwitz and Gubits $45,000.00 + $180.00/hr. for non-retainer items
Town Engineers Holzmacher, McLendon & Murrell P.C. As per contract
Auditor Theodore J. Eglit, Jr. $14,000,00
Planning Board Legal Counsel Thomas J. Egan, Esq. $22,200.00
Planning Consultants Bonnie Franson $65,000.00
ZBA Legal Counsel Lisa J. Felicissimo Esq. $125.00/hr.
In addition, the following appointments were made:
Town Veteran’s Officer Paul Mitchell
Public Information Officer Nils Gerling
Town Historian Christian R. Sonne
Official Newspaper of Record Times Herald Record
Official Depository JP Morgan Chase
And the following assignments were made:
Peter Dolan Liason to Village of Tuxedo Park Board of Trustees, Tuxedo Union-Free School District, Police Department, Highway Department, Hamlet Sewer District. $2500.00
($500 per liasonship)
Clifford Loncar Liason to Village of Tuxedo Park Board of Trustees, Tuxedo Union-Free School District, Parks & Recreation Department, Tuxedo Volunteer Ambulance Corps. $2500.00
($500 per liasonship)
Lisa Spivak Liason to Tuxedo Police Department, Tuxedo Volunteer Ambulance Corps, the Assessor’s Office, Board of Assessment Review, Tuxedo Park Library $2500.00
($500 per liasonship)
Thomas Darling Liason to Monroe-Woodbury School District, Zoning Board of Appeals, Planning Board, Architectural Review Board, Joint Fire District $2500.00
($500 per liasonship)
Gary Phelps Liason to Monroe-Woodbury School District, Planning Board, Architectural Review Board, Tuxedo Chamber of Commerce, Tuxedo Silver Dollars $2500.00
($500 per liasonship)
The regular bi-monthly meeting of the Board followed.
Supervisor/Town Board Update:
The Supervisor reported having met twice with Town Engineers, H2M regarding the Waste Water Treatment plant, which the DEC is requiring the Town bring up to compliance. Two approaches have been proposed. The first is to apply a “band aid” to the plant which H2M estimates will cost $720,000. The second approach is to fix only certain elements of the plant (specifically the trickler system), which they estimate might cost $320,000. When making their decision, the Board will need to consider whether or not the Related Companies are actually going to build Tuxedo Reserve because if they do, they will they will be responsible for building a new plant. If they do move forward and build a plant, however, it might not be for anywhere from 2 to 7 years and, in the mean time, the Town and it’s waster water treatment plant still needs to be in compliance with the DEC.
The Supervisor also reported that following the meeting he conducted with residents of the East Village regarding impending construction on the Thruway bridge, he met with the engineers from the Thruway Authority. The engineers informed him that they are not planning to construct a 30-foot berm as rumored, but rather a berm which will run between 3 and 9 feet. Supervisor Dolan is asking the Thruway to construct a new fence and plant new trees on top of the berm as well and to include two new crash gates. Construction on this project is slated to begin in March and take approximately 1-1/2 years.
Supervisor Dolan also met with representatives of the DEC regarding Eagle Lake. This lake is owned by the Palisades Interstate Park Commission (PIPC), and they have been informed by the DEC that they must take the dam down. . The PIPC does not want to spend the money to do this work. The Town is not anxious to have it done because they fear that the lake will become a mosquito-infested field. The DEC has informed the Supervisor that if a spillway can be added, they would be OK with keeping the dam. Discussions are ongoing.
Finally, The Supervisor met with United Water regarding the system for Maplebrook, which will be ready to go soon. It was discovered that the well, which supplies this water was too deep so it has been raised by approximately 5 feet and the filtration system has been fixed. As soon as they receive DEC approval, Maplebrook’s water will come from Blue Lake.
The following Resolutions were passed:
-
a resolution to grant a permit and approve an agreement with WestwoodVelo, Inc for police coverage at a bicycle race to be held on Long Meadow Road on Sunday, August 7th.
-
a resolution authorizing execution of an agreement with Warwick Humane Society for 2011 Animal Shelter services.
The meeting adjourned into an Executive Session to discuss the police contract.
back to top
Agenda for Town Board Reorganization Meeting and Regular Bi-Monthly Meeting January 24, 2011
Call to Order
Pledge of Allegiance
2011 Reorganization Meeting
Regular Bi-Monthly Meeting
Minutes
Monthly Reports
Public Comments on Agenda Items
1. Town Supervisor/Town Board Update
2. Resolution to Grant Permit and Approve Agreement with Westwood Velo, Inc. for Police Coverage at Bicycle Race
3. Resolution to Authorize Execution of Agreement with Warwick Humane Society for 2011 Animal Shelter Services
4. Any other business as may come before the Board after this Agenda is posted
EXECUTIVE SESSION for the purpose of discussing litigation brought against the Town by Tuxedo Land Trust, Thomas Wilson, Mary Graetzer, Robert McQuilkin, Peter Regna, Torne Valley Preservation Association and Patricia Wooters
Public Comments
Budget Transfers
Vouchers
Adjournment
back to top
Town Board Meeting January 10, 2011
The Town Board met on Monday, January 10, 2011 at 7:30 pm. Councilperson Spivak was absent.
The meeting began with a moment of silence for long time Town resident Thomas Galuska who passed away on December 31.
Town Supervisor Update:
Supervisor Dolan reported that he recently held a meeting in the Sons Of Italy hall for residents of the East Village regarding the impending construction on the Thruway bridge. Residents expressed their concerns regarding the project and the Supervisor will now attempt to meet with the Thruway’s engineer to relay these concerns. Subsequently, he will set up another meeting with residents.
Resolutions:
The following resolutions were passed:
Tuxedo Gulf
Loyal Tire & Auto Center
NJV Auto Center
Tuxedo Auto Body
Harriman Auto
C.A.R.S.
-
a resolution authorizing an agreement with Bowne Management Systems for a Records Management Needs Assessment Report and a Records-focused Disaster Management Plan. These will be financed by a grant.
-
a resolution authorizing Town Counsel to represent the Town in a Lawsuit filed against the Town by Tuxedo Land Trust, et. al
-
a reminder that the annual Reorganization Meeting will be held on January 24, 2011 at 7:30 pm. It will be followed by the regular bi-monthly meeting.
Public Comments:
Mary Graetzer asked why the lights on the trees lining the train station parking lot had not been lit this holiday season. She was told it was because the trees needed major trimming and light restringing. Plans are to do this work so that the lights can be turned on in December2011.
back to top
Agenda for Town Board Meeting January 10th, 2011
Call to Order
Pledge of Allegianc
Moment of Silence and Reflection to Honor Memory of Thomas P. Galusk
Minutes
Monthly Reports
Public Comments on Agenda Items
1. Town Supervisor/Town Board Update
2. Resolution to Set Schedule of 2011 Town Board Meeting
3. Resolution to Approve Annual Towing Permit
4. Resolution to Authorize Records Management Consulting Services Agreement
5. Resolution to Authorize Town Counsel to Represent Town in Lawsuit Filed Against Town by Tuxedo Land Trust, Thomas Wilson, Mary Graetzer, Robert McQuilkin, Peter Regna, Torne Valley Preservation Association and Patricia Wooters
6. Reminder of Reorganization Meeting - January 24, 2011
7. Any other business as may come before the Board after this Agenda is posted
Public Comments
Budget Transfers
Vouchers
Adjournment
back to top
2009-2010 ARCHIVE |
