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Town Board Meeting December 29, 2014

The Town Board met on Monday, December 29, 2014 at 7:30 pm. Councilman Matthews was absent. Councilman Loncar was late, arriving about half way through the meeting.

Town Supervisor/Town Board Update:
On behalf of the Board, Supervisor Rost wished everyone a happy and safe New Year.

The Supervisor went to say he had some comments about Agenda Item #3, the resolution to acknowledge receipt of the Town Auditor’s Report for the Fiscal Year ending 12/31/13. First, he stated that the Town was currently reviewing the report, but he wanted to point out that the financials were for Fiscal-Year 2013 which was the year before he took office. Additionally, he noted that he had taken a leadership role in terminating Mr. Eglit (the auditor for the report) after 18 years as Town Auditor. Supervisor Rost commented it was unclear to him why Mr. Eglit had waited 17 years to raise the issues he did in this report. Thus, a new auditor has been hired and A&M has been retained to help the Town put new controls in place. The Supervisor commented that he wished he had had this information much earlier in the year. He expects to be receiving the 2014 report sometime in the next 60 days. The 2013 report will be made available on the Town’s website.

Next, the Supervisor noted that there was still some concern among residents about the formation of the LDC for the Tuxedo Farms Sewer and Recreations Districts. Therefore, he asked Town Attorney Howard Protter to give an explanation of the process.

Mr. Protter outlined the agreement between the Town and Tuxedo Reserve. The current Town wastewater treatment plant is eventually going to be demolished and removed. It will continue to function until the new plant is up and running. The property on which the new plant will be built (right next to the old plant) will be leased to the LDC. The LDC will have a contract with the Transportation Corporation and the Transportation Corporation will be the entity that constructs and operates the waste water treatment plant. There will also be a contract which will allow the Hamlet to participate and get service from the new district. The Hamlet’s sewer use will be paid for exclusively by the Hamlet users. The Hamlet users, however, will not pay for construction of the plant. The construction will be financed by the LDC through the issuance of bonds. The plant will ultimately be able to treat up to 400,000 gpd (gallons per day) from the Tuxedo Farms development and 100,000 gpd from the Hamlet for a total of 500,000 gpd. The construction of the plant will take place in phases because the build out of the development will take time. However, the developer will not be able to get permits or certificates of occupancy unless there is adequate sewage capacity up and operating. Because the Hamlet has historically had an infiltration and inflow (I&I) problem, part of the agreement dictates that the developer will build a new gravity sewer line of approximately 1260 feet on the west side of the railroad tracks. Then the old line, which runs along side the river, will be abandoned. In exchange for the developer putting in the line, the Town will reduce the demand for Hamlet sewer capacity from 100,000 gpd to 50,000 gpd. They do not think they need any more than that. If, in the future, they determine that they do want/need the capacity, they can get it back by reimbursing the developer for the cost of the 1260 ft. sewer line. Other details of the agreement include:

A performance guarantee for the Town which will last until 80% of the units at Tuxedo Farms have been sold. The law says these guarantees must be for 5 years but this one will last 5 years longer than that.
An option for the Town to buy the Sewage treatment plant for $1 exercisable if the Transportation Corporation fails to live up to its obligation to maintain and provide sewer service. It is also exercisable after full buildout of the project.
A formula for charges is provided
The Transportation Corporation will be responsible for maintaining all of the lines within the Tuxedo Farms district.
They will also maintain the lines to the Hamlet if the Town wants them to.
An annual budgeting plan is included making it possible for the Town to carefully monitor the costs of the plant. Because the plant will be of larger capacity than is needed in the early years, there will be a subsidy for Hamlet users so that they are not faced with paying for a large plant that they don’t need. Ultimately, the Hamlet’s share of the Operation and Maintenanced (O&M) of the plant will be 17.7%.
This agreement will be posted on the Town website prior to the Town Board’s vote on it.

The construction of the wastewater treatment plant, as well as the recreational facility (YMCA) will be financed by bonds which will be issued by an LDC. (Local Development Corp.) This is authorized under New York State law. The Town will be getting application fees for the construction. They will have no liability whatsoever for any of the bonds. The documents for the LDC will also be made available online so that the public will have time to review them thoroughly before the Board votes on the LDC.

Public Comments on Agenda Items:
Jim Hays asked if the Town would be required to take over the operation of the wastewater treatment plant after the full build-out of Tuxedo Farms?
Town Attorney Protter replied no they would not. They will have the option to do so but don’t have to.
Mr. Hays also wanted to know who would run the LDC?
Mr. Protter responded that the initial directors of the LDC would be:
   Supervisor Mike Rost
   Deputy Supervisor Gary Phelps
   Kim McMillen
   Nancy Bewlay
   Planning Board Chair Mike Reardon
   ZBA Chair Frank Peverly
Uli Pendl wondered if the bond would have the Town of Tuxedo’s name on it.
Mr. Protter told him no, the bonds would be issued in the name of the LDC.
Mr. Pendl then asked “who is the LDC?”
The answer was that it is a corporation.
Mr. Pendl wanted to know “who owns that corporation?”
Mr. Protter responded that the Town would own shares in the LDC but that it is a separate entity from the Town. He added that the Directors would be responsible for the LDC.

Mr Pendl then commented that he knew all of the Directors and none of them had the money to be responsible for the construction projects.

Mr. Protter replied that “there is no personal liability.”

Mr. Pendl then wanted to know why the financing of these projects was being done this way when, to his way of thinking, it was going to be done in a “clearer” fashion 6 years ago. “Who is this Transportation Corporation?” he wanted to know.

Mr. Protter responded that the law requires a transportation corporation to operate water and sewer facilities. He further commented that all Mr. Pendl’s questions were probably answered in the agreement documents, which would be made available to him.

If there are still more questions, they can be answered at the public hearing which will be held before the Board votes on the documents.
Mr. Pendl tagain asked why this method of financing had been chosen. He was told that he would have to ask the developer that question and Mr. Protter added that at the next meeting, they would ask the developer to be present so that Mr. Pendl could ask them the question directly.

Victor Essoka asked if the Directors of the LDC were responsible?
Mr. Protter responded that they ran the LDC just like the Directors of any corporation do.

Mr. Essoka then wondered who owned the LDC?

The answer was that the LDC is owned by the Town.

Mr. Essoka then stated “so the LDC is a separate entity owned by the Town which means that the Town is responsible.”

Mr. Protter replied, “no, quite to the contrary.”

John Moon, resident and attorney, then spoke up and asked “isn’t it true that the owner of a corporation is only liable to the extent of it’s investment?” Mr. Protter agreed this was so. Mr. Moon continued “thus, since the Town has not invested any money in the LDC, it has no liability. In fact, the LDC insulates the Town from liability.”

Patsy Wooters asked who was supplying the security for the bonds?

Mr. Protter responded that the security would come from the assessments, which would be paid annually by the homeowners within Tuxedo Farms.

Mrs. Wooters next wanted to know what would happen should Related Companies decide to walk away from the project.

Mr. Protter replied that the County would pay any unpaid assessments to the Town. He further commented that Related was using the bonds to obtain the financing for building the sewer plant and the recreational facility.

Uli Pendl next asked again why Related was doing the financing this way when they were willing to pay for the plant not so many years ago.

Megan Guy from Tuxedo Reserve then responded saying that this was a form of financing. Traditional mortgages are not available right now, she said. She elaborated saying that conventional construction loans were not happening right now because of what had happened in the financial markets and that this form of financing is becoming more and more common. High-risk investors will buy the bonds and they will be paid back by special assessments. The homeowners and landowners in Tuxedo Farms will pay these special assessments, which will appear on their tax bills. For two years, the County will pay these costs should the home/land owners not pay these bills. After that, if the assessment is still not being paid, the County will foreclose on the property.

Mr. Protter then commented that the Board would also be setting a date for a public hearing to amend the Special Permit for the Tuxedo Farms project. This is being done because there is language in the present Special Permit that conflicts with the sewer plant being built in phases.

Resolutions, etc.
The following resolutions were passed:

A Resolution to re-appoint Charles Jones as Member of Board of Fire Commissioners
A Resolution to appoint JS Braddock Agency as Town General Liability Insurance Company for 2015
A Resolution to acknowledge receipt of Independent Auditor’s report of Examination of Records of the Town for Fiscal Year ending 12/31/13

In addition, there was a Notification of O&R Electric Transmission Line Tree Maintenance Schedule on Long Meadow Rd.

Public Comments:
Jim Hays commented that the Town had received “a tremendous amount of money” from Genting Corp. and he feels it is important that there be “absolute transparency” on how much money was received from Genting and how it was used.

Supervisor Rost responded that $1.5 million had come in and it went into the General Fund. Most of it went to pay for the short fall from the previous year. About $500,000 is left to be carried into 2015.

Vouchers were then signed and the meeting was adjourned into an Executive Session to discuss personnel matters.

Agenda for Town Board Meeting December 29, 2014

Call to Order
Pledge of Allegiance

Minutes
Monthly Reports
Town Supervisor/Town Board Update

Public Comments on Agenda Items

Agenda Items:

1. Resolution to Re-appoint Charles Jones as Member ofBoardofFire Commissioners

2. Resolution to Appoint Town General Liability Insurance Company

3. Resolution to Acknowledge Receipt oflndependent Auditor's Report of Examination of Records of the Town for Fiscal Year Ending December 31,2013

4. Notification of O&R Electric Transmission Line Tree Maintenance Schedule on Long Meadow Road

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

Public Comments
Budget Transfers
Vouchers

Adjourmnent

Statement by Mike Rost re Location Board Recommendation

Hello Tuxedo,

As you may have heard already, the State Gaming Commission has decided not to select a site for any casino in Orange County, including Tuxedo. Tuxedo was not chosen as a casino site for a variety of reasons. A copy of the report is available at the site noted: http://www.gaming.ny.gov/pdf/12.17.14.GFLBSelection.pdf

Citizens of Tuxedo had positions “for” and “against” the proposed casino, and some of them were very strongly held. I am glad that an open process took place in Town to evaluate the proposal, and as far as I know, everyone who took a position had an opportunity for their voices to be heard. I appreciate the participation of Tuxedo residents in the process, and especially those who showed respect for other points of view. It is important to note that the $1.5 million that Genting provided the Town “with no strings attached” filled a budget gap of approximately $1 million dollars that existed when I took office. Furthermore, consulting fees from Genting were used to enhance the Town’s financial controls—something that I and your Town Board have been concerned about.

We will continue to work on the Town’s financial controls and take on new matters now that the intensive issue of the proposed casino is behind us. As always, I look forward to hearing from you regarding current as well as future town topics.

During this Holiday Season, I wish you, your families, and your friends all my best, and a happy and healthy 2015.

Mike Rost
Town Supervisor

Statement by Mike Rost re Location Board Recommendation

We are proud that we met our obligation to explore a unique opportunity for the future of our town. I am also proud that we conducted our due diligence with openness and transparency, and I’m deeply gratified by the rigorous participation of the Town Board, Tuxedo residents and the respect shown for all points of view. In accepting today’s decision, we recognize that we continue to face real challenges under a new set of circumstances. I am confident that Tuxedo will come together and meet these challenges with the same resiliency and determination that have always characterized our community.

-Mike Rost, Supervisor, Town of Tuxedo- December 17, 2014

Town Board Meeting/Casino DEIS Public Hearing #2 December 8, 2014

The Town Board met on Monday, December 8, 2014 at 7 pm in the multipurpose room of the George Grant Mason Elementary School. All members were present.

Annual Public Hearing on Woodlands Sewer rates:
Frank Peverly, President of the Woodlands Homeowner’s Association was the only speaker. He stated that this was the first time in 15 years that rates are being raised. There are no concerns and no DEC violations, but they had a minor loss last year so their accountant has recommended an increase. Accordingly, the rates will go up $1 a month.

Public Hearing Continuation – Resort/Casino DEIS and Special Use Permit Application:
Town Attorney Don Nichol spoke first with some clarifications. Since the Alvarez & Marsal (A&M) report was referenced at the Dec. 4 hearing, he wanted everyone to know that the entire report is available on the Town website for review. Also, Mr. Nichol stated that the deed restrictions spoken about on Dec. 4 are addressed in the DEIS on pages II-15 through II-18.

Additionally, Mr. Nichol clarified that the purpose of the public hearing was for the Town Board to hear the comments from the audience. The issues raised by these comments will be addressed in the Final Environmental Impact Statement (FEIS).

In answer to the comment that someone made about not knowing anything about the Special Permit, Mr. Nichol responded that the application for this permit is also on the Town website. It has been there since July 3rd.

Mr. Nichol then set the ground rules for the hearing. Speakers were restricted to those people who had been present but unable to speak on Dec. 4 due to the lateness of that meeting. If someone didn’t sign up to speak at the Dec. 4 hearing or if their name had been called at that meeting but they were not there, they could not speak tonight. However, these individuals can submit their statements in writing up until December 19.

John Yrizarry spoke about the vegetation and wildlife, which can be found on the proposed site. In particular, he spoke about certain species which were not mentioned in the DEIS that he feels need to be studied. Click here to read Mr. Yrizarry’s remarks.

Mary Yrizarry spoke about the impact of the proposed resort casino on long-term quality of life. In particular, she was concerned about the impact of slot machines and problem gamblers. She ended her statement with a plea for the Board to return the DEIS to the applicant and demand a new one. Click here to read Mrs. Yrizarry’s comments.

Ginny Apostolides spoke of her concerns about traffic, noise and visual impacts including the signs that would be used by the proposed Resort Casino. Click here to read Mrs. Apostolides’ statement.

Jim Hays expressed his concerns about the combined impacts of the proposed resort/casino and Tuxedo Farms. Click here to read his statement.

Tony Davidson spoke about his concerns about traffic and noise analysis as it relates to Laurel Ridge. Click here to read Mr. Davidson’s comments.

Suzanne Papke listed her concerns about the project including the proposed 15 B interchange. Click here to read Mrs. Papke’s statement.

Gary Stromberg said he’d found many mistakes in the DEIS and suggested that the Town solve them all by not letting the project go forward.

Non Tuxedo Residents:
Chief Dwaine Perry of the Lenape Nation expressed his concern about the increased traffic especially in the event of any emergency. He then read into the record comments from Ed Lenik
Click here to read Chief Perry’s remarks and Mr. Lenik’s letter.

Audrey Friedricksen, representing Scenic Hudson expressed 4 main objections to the DEIS. Click here to read her remarks.

Rodger Friedman, co Chair of the Sterling Forest Partnership, spoke out against the segmenting the study of Exit 15B from the rest of the environmental review. To read his statement, click here.

Kiki Nelson likened the market feasibility of the project to pornography. Just as the internet has meant the death of porn theatres because porn is readily available on line, so online gambling will kill casinos. To read her remarks, please click here.

Geoff Welch, representing the Ramapo River Committee, spoke about impacts on the Indian Kill reservoir and the proposed parking garage. To read Mr. Welch’s comments, please click here.

Suzy Allman of the website, My Harriman, commented about the no build alternative. To read her comments, please click here.

Sona Mason of the NY/NJ Trail Conference spoke about the impacts on the trails in the area. Click here to read her comments.

JoAnn Dolan called for an extension of the comment period and for a Supplemental Environmental Impact Statement. To read these comments, please click here.

Edith Knoblick expressed her views on the impact of the project on Sloatsburg’s water supply. Click here to read her statement.

Rich Lanzanoe from Ulster County is a member of the Alliance for Balanced Growth, an offshoot of the Orange County Partnership. Although he would like to see a casino built in his own hometown, he came to urge the Board to approve the special permit and deem the DEIS complete. He found the DEIS to be the most comprehensive one he’d ever seen. People who he termed “NIMBY”s (not in my backyard) will try to delay the project but he urged the Board to do their job and approve the project.

Doc Bayne, President of Friends of Sterling Forest, spoke about the wildlife and the impact of light from the project. To read his comments, click here.

Diane Krautter commented on the letter written by attorney Albert Butzel about Exit 15B and County Road 106 and asked the Board to extend the comment time. Click here to read Ms. Krautter’s remarks.

John Gebhards expressed his concern about air quality. To read these comments, please click here.

Elliot Ruga, New Jersey Highlands Coalition, stated that he found the DEIS woefully inadequate and asked the Board to reject the document. To read these comments, please click here.

Jurgen Wekerle from the Sierra Club stated that Sterling Forest State Park was created to protect the wildlife habitat and the water resources. Additionally, he feels the DEIS is inadequate and should be returned to the applicant to be rewritten. The Town Board should have noted the inadequacies in the document before they deemed it complete. Some omissions he noted were: traffic-details of the proposed interchange 15B must be included in this review, no impacts from traffic coming from the West has been studied; water quality: impacts on the Wanaque Reservoir has not been addressed; Habitat-impacts on species within a 5 mile radius of the project must be included in the document.

Supervisor Rost thanked everyone for coming and sharing their comments with the Board. He termed them an important part of the process.

Councilman Matthews made a motion to extend the public hearing and the comment period until at least January 31, 2015. There was no second for the motion so it failed.

The hearing was then closed.

Resolutions/Reminders:
The following resolutions were passed:

a Resolution to establish 2015 Woodlands Sewer rates
a Resolution to approve agreement for Police Body Cameras for free Trial period of 5 working days
a Reminder that the rescheduled Tuxedo Farms Improvement Districts Public Hearings to December 9, 2014 at 6:30 pm
a Reminder that the Balloon test for the Resort Casino will be done on December 18 with a rain date of December 21

Public Comments:
Michele Lindsay commented that when she had attended Public Hearings for Tuxedo Reserve, the process had been much more friendly toward the residents. When a hearing was extended for a second night, there would be a month between the two nights so that people would have time to make plans to be present. She commented that she felt the process was being rushed for the benefit of Genting. She recalled also during the Tuxedo Reserve process, there had been a Supplemental EIS and further public hearings. She asked if that would be happening with the Resort/Casino project?

Town Planner Bonnie Franson explained that during the review process for Tuxedo Reserve, there was a DEIS and a FEIS and a Findings Statement after which the applicant went back to the Planning Board with revisions to the project. It was those revisions that had triggered the Supplemental EIS.

Town Attorney Don Nichol further explained that after the public comment period had ended, the Town would be putting together a Final Environmental Impact Statement (FEIS) in which all the questions brought up during these public hearings would be addressed. Only after the FEIS has been completed and a Findings Statement is issued and accepted, can the Board consider issuing a Special Permit.

Rodger Friedman asked if it were possible to send the DEIS back to the Applicant and ask for a revised document before the FEIS.

Mr. Nichol responded that he had never seen that done.

Sue Scher asked if Genting would have to respond to all the questions brought by both the Town and public.

Mr. Nichol replied that they would do so in the FEIS.

Ms. Scher said she thought the FEIS was the Town’s document and

Mr. Nichol responded that the Town was responsible for it but they would make the applicant do the work.

Michele Lindsay remarked that the original plan for the project had everything contained on the old airstrip but now it seemed to be extending into the forest and she wondered if that didn’t make the project qualify for an SEIS.

She was told that this would be a very good comment to put into writing and submit to the Board.

Attorney Gail Suchman added that the FEIS would have a section called the Responsiveness Summary which would list all the comments that had been made and then comment on what the applicant had done to address those comments.

After a few more questions about the process, vouchers were signed and the meeting was adjourned.

Town Board Meeting/Casino DEIS Public Hearing #1 December 4, 2014

The Town Board met on Thursday, December 4, 2014 at 7 pm in the auditorium of George F. Baker High School. The purpose of the meeting was to hold a public hearing on the DEIS and Special Use Permit application for the proposed Sterling Forest Resort/Casino. All members were present.

Supervisor Rost opened the meeting by welcoming everyone and then stated that the issues currently before the Board would likely have profound implications for the future of the community. He added that input from the public was both “valued and critical” to the Board’s consideration and stated that he appreciated their participation and looked forward to their continued involvement. He then announced the order for speakers at the hearing:
     1-the applicant to give an overview of the project
     2-any elected officials
     3- consultants
     4-Tuxedo residents
     5- non-Tuxedo residents

Town Attorney Don Nichol next explained that the purpose of the hearing was to take comments on the Draft Environmental Impact Statement as well as the Special Permit for the project. The environmental review must be completed before any approval can be given for the project. This review will be used by all of the Town’s Boards that are involved in the project. The Planning Board will be holding a separate hearing (although this is not required) for the site plan. The Architectural Review Board is also making an independent review of the architectural elements. Finally, he stated that during the hearing, speakers should be identifying issues, which they felt had either been left out of the environmental review or not covered satisfactorily.

Applicant:
Genting attorney Kevin Jones introduced Larry Pesesky who gave an overview of the DEIS. Click here to view the presentation.

Elected Officials:
Lili Neuhauser, Mayor of the Village of Tuxedo Park, spoke about those things that the Village felt had not been properly covered in the DEIS. To read a copy of Mayor Neuhauser’s comments, please click here.

Bill Fioravanti, Director of Business Attraction for the Orange County Partnership, which is Orange County’s office of Economic Development, stated that throughout the casino process thus far, his office has stayed impartial and has simply stated their support for a casino in Orange County. However, he feels there are a number of “assertions” that this project makes that are very difficult to argue. As examples of this, he mentioned

Sterling Forest Resort can create the most jobs and deliver the most revenue
Differentiazation – The project will do the best job of not cannibalizing a casino in Sullivan or Ulster County
This project offers the greatest utilization of the resources of the site.
The project can improve infrastructure
Genting is committed to being good citizens.

Consultants:
Bonnie Franson- (H2M/Town Planner) To read a copy of Ms. Franson’s remarks, please click here

Erik Kiviat – from Hudsonia, consultant for Sterling Forest Partnership stated that he had been hired to study biological resources at the site. He found adequate studies of the following species missing from the DEIS: timber rattlesnake, northern cricket frog, golden winged warbler and whippoorwill. Mr. Kiviat also found that there was no comprehensive botanical survey of the site. And finally, he observed that the wetland descriptions were lacking and the proposed mitigation for them was not sufficient. Mr. Kiviat will be submitting a more detailed report to the Board.

Bob Kecskes – (consultant for Sterling Forest Partnership) He spoke on the subject of water, specifically its availability. To read a copy of Mr. Kesckes’ report, please click here.

Kathie Beinkafner, (Rockworks, Ltd., consultant for Sterling Forest Partnership, is a hydrogeologist). She was very unimpressed with the DEIS. In her opinion, the applicant has not done the proper or sufficient tests on the site. She will be submitting a more detailed report in writing at a later date.

Jolanda Jansen, Rockworks, Ltd., consultant for Sterling Forest Partnership spoke about impacts on storm-water and floodwaters. Click here to read Ms. Jansen’s comments.

Steve Gross-Hudson Highlands Environmental Consulting, consultant for the NY-NJ Trail Conference, spoke about potential wetland degradation in Sterling Forest. He also introduced deeded development restrictions, which he said would make building the proposed Resort/Casino impossible! Click here to read Mr. Gross’ comments and to see copies of the deed restrictions.

At this point, a 5-minute recess was called. When the meeting reconvened, Supervisor Rost announced that the hearing would continue until 11 pm. The Board would then reconvene the hearing on Monday, December 8 at 7 pm in the Multipurpose Room of George Grant Mason Elementary School.

Tuxedo Residents:
Richard Delaney said he knew that his view would be unpopular, but he wondered what would happen if the Casino was not developed and nothing happened on the property? He added that the residents will not get to decide what happens as the Town doesn’t own the property. In Genting, the Town has a partner who is willing to play by the rules and has already jumped through hoops trying to appease everyone. Mr. Delaney feels this is the Board’s opportunity to keep the Town from falling further into the hole and he believes the residents need to find a way to accept change.

Bill Lemanski who lives on Benjamin Meadow Rd about a mile from the proposed site of the project, expressed his concern about potential damage to his well water. He has already experienced damage from the construction of approximately 3 houses about 3 miles from his house. If there should be damage to his and others’ water, he wonders what the mitigation would be? In closing, he likened the proposed project to “Fool’s Gold,” and urged the Board not to fall for it.

Martin Lavanhar stated he felt as though “everything is out of balance.” Among other things, he is disturbed to find that no mitigation has been recommended for the intersection of 17A and Sylvan Way. He is further troubled by the fact that no studies of possible increased crime are called for. Another concern for Mr. Lavanhar is that the traffic studies done by the applicant stop just east of the Thruway with no mention of the impact of traffic on Harriman State Park.

Caroline Lavanhar expressed concerns about the lack of analysis of skilled workers needed to construct the project. To read Mrs. Lavanhar’s comments, please click here.

Terryanne Gmelch is concerned about the negative impact of the casino buildings on the bird populations. Click here to read Dr. Gmelch’s comments.

Dolores Marchand stated that the DEIS claims that there will be no competition between the businesses in the Resort/Casino’s retail space and businesses in the Town. Since there is no listing of the businesses that will be in the casino, she focused on the mentioned Farmers’ Market and wondered why the Town would want to support a Market to compete with the existing one at the Train Station. She also stated that the proposed restaurants and other food services would be in direct competition with the Town’s existingbusinesses. She suggested that the Town Board should consider restricting the amount of commercial space for the casino. She also mentioned that she saw no discussion of emergency flooding and power outtages and how those would impact the casino as well as the rest of the Town.

Susanne Williams focused on potential changes in the quality of life in Tuxedo if the casino is built. Click here to read Ms. Williams’ comments.

Peter Bush expressed concern that there was no discussion of mitigation re: wastewater in Chapter 5 of the DEIS document. The fact that the wastewater and rainwater would eventually move downstream to other users of the water supply of the Ramapo River sole source aquifer was only a matter of time. There is a potential chemical pollution to the water for users in Rockland County and NJ who depend on this water supply. He is also concerned about infiltration to the groundwater from fill brought in to the site.

Dennis Trotter referred to a section of the DEIS which referenced a relocation of a tributary to the Indian Kill and said that if this referred to moving the stream on the west side of the hotel garage valley, he doesn’t think that would be effective. The site is an area of groundwater rising to the surface and discharging. Moving the stream will not relocate the discharge and thus this might flood into the north parking lot resulting in a skating pond. With respect to the proposed sound mitigation in the northern part of Town (giving money to residents to reglaze windows and add more insulation) he wondered “do they think we want to live in the woods so we can close our windows and turn our air conditioners on?” Finally, he wondered who would pay when there was a chemical biological carcinogenic accident relating to the water supply?

John Haase feels that the DEIS has over estimated the yield of the Indian Kill Resevoir. Click here to read Mr. Haase’s remarks

Karen Dougher commented that the sole purpose of the DEIS was to give the Town, County and State a guarantee of Genting’s intended response to negative impacts and she feels that the document does not meet that expectation. For example, she cited the proposed diamond interchange at Exit 15B off the Thruway. Because the angles are so tight, Mrs. Dougher doesn’t believe that any trucks or busses will be able to use it thus meaning that they will have to use either Exit 15A to the South or 16 to the North and then travel on Route 17. She is also concerned about the proposed simultaneous construction of Exit 15B and the resort/casino. Moreover, she noted that Genting is proposing to construct a roundabout at the intersection of 17 and 17a, which would take away 8 spaces from an already overcrowded commuter parking lot.

Sue Scher stated that she could not comment on the Special Permit as mentioned in the hearing notice because neither she nor anyone else had seen a proposed Special Permit or any material relating to it.

Ms. Scher then reiterated Steve Gross’ statement about the deed restrictions ,which would make building this project impossible. In so doing, she read from a letter from Sterling Forest Partnership’s attorney, Albert Butzel. Click here to read Mr. Butzel’s letter. Finally, Ms. Scher resubmitted her questions from the Scoping Hearing, which she said had not been addressed in the document. Click here to read Ms. Scher’s questions.

Jim Wrynn spoke of his concerns with traffic and noise. Click here to read Mr. Wrynn’s comments.

Kristy Apostolides, President of the Northern Tuxedo Residents Association, spoke of 3 things: the “completeness” of the DEIS, the concept of reasonableness and the limited public involvement in the project. Click here to read Ms. Apostolides’ remarks.

Ulrich Pendl feels that large parts of the DEIS is “deeply flawed,” in particular the marketing feasibility study.

Allen Barnett also spoke about the marketing feasibility study. To read Mr. Barnett’s remarks, please click here.

Peter Feller of Warwick spoke against building the Resort/Casino. He cited dreadful side effects that come along with bringing gambling into a community and said that additional social costs would total 3 times the projected revenue. He favors having an exit strategy to be funded by the casino in place.

Corinne Brown expressed her concern that the DEIS had left out an analysis of the potential threat to the use of the Ramapo River principally because of the amount of wastewater which would be introduced.

Peter Regna read a letter from Sterling Forest Partnership attorney Albert Butzel asking the Board to extend the period of comment for the public. Click here to read Mr. Butzel’s letter.

Karen Lutz representing the Appalachian Trail Conservancy, protested that that organization was not given sufficient review in the document. To read Ms. Lutz’s comments, click here.

Jake Matthews began his comments by noting that page 1 of the DEIS described a 1000 room hotel. He observed that when Genting first came to town, they were proposing a 400-room hotel and thus called the project a “bait and switch” operation. He worries that the project will end up being a “dressed up slot parlor” within 10 years. Mr. Matthews also mentioned the following as having been left out of the DEIS: an analysis of the impact on Exits 15A and 16 off the Thruway (they are presently screened out); an analysis of the impact of Applefest which brings 30,000 visitors annually to Warwick; an analysis of the impact on CR 106 which is, in Mr. Matthews’ opinion, one of the most beautiful drives in the area. He also urged further study on the water needed for the project and the effects on drinking water for over 2 million people in Rockland County and New Jersey.

Gloria Durka said that as someone who had commuted from Laurel Ridge to the Bronx for over 35 years, she was most concerned about traffic impacts. She feels that signalization of the entrances to Laurel Ridge and Clinton Woods are essential. Traffic safety on Route 17A must be addressed.

Paul Bumbar said he’d been living in Laurel Ridge for over 35 years and had seen many changes during that time. He has lived with those changes but feels he will not be able to live with the changes that will come with the casino. In particular, Mr. Bumbar is concerned about the potential degradation to the air quality of the area.

Kim Kilgore is concerned about the potential impact of noise. In the DEIS, Warwick Brook Rd. is mentioned as being in Tuxedo Park and Ms. Kilgore pointed out that is not correct. The road she lives on, Circuit Rd., was not included in the study and she would very much like to see it included. She offered up her garden as a place for testing. She is also distressed about Genting’s offer of money to Laurel Ridge/Clinton Woods homeowners to better insulate their homes. It concerns her that the DEIS says that the casino will not affect property values of those homes located nearest to it. Comments like that make her suspect the entire DEIS. Noise evaluation needs to be done in the four seasons and not just in July when the cicadas tend to drown out all other noises. Ms. Kilgore also said that the DEIS stated that construction would go on 7 days a week for 2 years which she called inhumane and she called on the Town Board to protect it’s residents. Finally, she noted that the proposed LED lighting would create a change in “sky glow” due to the higher concentration of blue.

Wayne Reuvers said he was not going to ask the Board to delay the comment period as so many others before him had done. He realizes that doing this and thus delaying the project might well be the same thing as saying no and he feels that the Town needs this project. He commented that the people who had spoken up and talked about the potential impact of the casino on local businesses, do not own or run businesses in Town. He added that most of the people who do own and run businesses are positive and in favor of the project. The impact of not approving this project will be much greater than any of the other impacts mentioned tonight.

Kenneth English spoke about socio economic impacts of the project. First of all, he decried the 7 days a week construction schedule. He commented that Tuxedo is a commuter town that doesn’t have a high rate of unemployment so he doesn’t feel the addition of casino related jobs will mean much to most Tuxedo residents. He called for a funded escrow to cover the costs when the casino fails as he feel it inevitably will.

Michele Lindsay spoke about the proposed 15B interchange and traffic in general. Click hereto read Mrs. Lindsay’s remarks.

Jake Lindsay expressed his concern about the construction plan for the project. Click here to read Mr. Lindsay’s comments.

Hillary Lindsay focused on the proposed wetland mitigation. Click here to read Ms. Lindsay’s comments.

Since it was past 11 pm when Ms. Lindsay finished, the hearing was adjourned until Monday, December 8th at 7 pm.

Town Board Meeting December 9, 2014

The Town Board met on Tuesday, December 9, 2014 at 6:30 pm. Councilmen Matthews and McMillen were absent.

Public Hearings Regarding the Establishment of the Tuxedo Farms Park District, Sewer District and Water District.
Andrew Dance of Related Companies opened the hearing by explaining that forming these districts was one of the things that needed to be done as set out in the Special Permit. The applications for all 3 districts have been filed and are available on the Town website. He then introduced Related’s consulting attorneys, Al Natoli and Christopher Andreucci.

Mr. Natoli stated that the 3 districts to be set up would be the entities that took care of any cash flow for the respective districts. The Sewer District will also run the sewer treatment plant as well as maintain the collection, distribution and transportation systems within the project. The Water District will be more of a “paper district” in case at some time in the future, the Town feels it would be advantageous to take over the water system.

Town Attorney Howard Protter added that the other reason to have these districts was that the Town can’t address infrastructure issues for a single project alone unless they do it through a district. That way, if there are any costs associated with the district, it’s the customers of that district who pay for it.

Jim Hays asked why the Town had become responsible for issuing bonds to pay for the sewage treatment plant? He also wanted to know when the first interest payment would come due and at that time how many houses were scheduled to be completed and sold?
Mr. Protter responded that the Town was not issuing bonds and that this would be done by the Local Development Corp (LDC) a separate legal entity. He further stated that the Town did not have any fiscal liability with respect to any bonds that the LDC may issue.

Mr. Hays then wanted to know who would be responsible for interest payments if there were to be delays in the plan?

Mr. Protter replied that it was the property owner (not the homeowner) who would be responsible. He added that vacant land within the district is assessed the same as developed land so assessments, which are required to fund the debt.

Mr. Andreucci further stated that the bonds would probably be in the market by early next year. There will be a 4-6 week period for the bonds to be sold.

Mr. Hays inquired as to who would supervise the building of the sewer plant and he was told that the Town Engineer would do that.

Councilman Loncar wondered if the project were to fail, who would be on the hook? He was told Related would bear the responsibility.

Dena Steele wondered if the bond-holders would be backed by the revenues and not by the assets. She was told that there would be no mortgage. Attorney Protter further stated that the bonds would be backed by the revenue stream.

Jim Hays wanted to know if the present sewage treatment plant was in compliance with the DEC? He was told that it was not and presently there is a moratorium on hookups. Therefore, Related will not be able to sell any houses before the sewage treatment plant is built and running.

JoAnn Hanson made a statement outlining her concerns for the LDS and bond issue, and outlining further steps she feels the Town must take in order to ensure that the Town finances will not be put at risk by these improvements. Click here to read Ms. Hanson’s statement.

With no further comments, the public hearing was closed.

Jim Hays wondered if it would be possible for the Board to vote on the provision suggested by JoAnn Hanson.

Attorney Protter responded that the Board had no problem with her suggestion and, in fact, the provision was already in the agreement.

Resolutions:
The following resolutions were adopted unanimously:

a Resolution to Establish Tuxedo Farms Park District
a Resolution to Establish Tuxedo Farms Sewer District
a Resolution to Establish Tuxedo Farms Water District
a Resolution Consenting to the Formation of a Sewer-Works Corporation
a Resolution Consenting to the Formation of a Water-Works Corporation

Agenda for Town Board Meeting December 8, 2014

Call to Order
Pledge of Allegiance

6:15 P.M.-TUXEDO TOWN HALL EXECUTIVE SESSION for the purpose of receiving advice from counsel regarding Resort/Casino

7:00P.M.- TUXEDO ELEMENTARY SCHOOL ANNUAL PUBLIC HEARING- WOODLANDS SEWER RATES PUBLIC HEARING CONTINUATION- RESORT/CASINO DE IS AND SPECIAL USE PERMIT APPLICATION REGULAR BI-MONTHLY MEETING

Minutes
Monthly Reports
Public Comments on Agenda Items

1. Resolution to Establish 2015 Woodlands Sewer Rates

2. Resolution to Approve Agreement for Police Body Cameras for Free Trial Period

3. Reminder of Rescheduled Tuxedo Farms Improvement District Public Hearings to December 9, 2014

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

Public Comments
Vouchers

Adjournment

Agenda for Special Town Board Meeting December 4

Call to Order
Pledge of Allegiance

Concurrent Public Hearings to Receive Public Comments Regarding Sterling Forest Resort/Casino Draft Environmental Impact Statement (DEIS) and Special Use Permit Application

Adjournment

Town Board Meeting November 24, 2014

The Town Board met on Monday, November 24, 2014 at 5:30 pm. All members were present.

The meeting was called to order and then immediately adjourned into an Executive Session for the purpose of receiving counsel regarding the proposed resort/casino. It was reconvened at 7:30 pm.

Town Supervisor/Town Board Update:
Supervisor Rost stated that he had no update.

Public Comments on Agenda Items:
Jim Hays expressed his concern with the scheduling of two public hearings within 6 days of each other—one on the proposed resort/casino on December 4 and one on Tuxedo Farms on December 9. He feels that these hearings are too close together as well as being scheduled between Thanksgiving and Christmas when most people are busy. He cautioned that these things are extremely important and it was crucial that they not be rushed through. In particular, the hearing on Tuxedo Farms might well be the last chance the public will have to speak on this development. Mr. Hays pointed out that whatever happens, it would be the responsibility of this Board and the Planning Board.

Mr. Hays further commented that at the meeting held about the DEIS on November 10t someone had stated that law enforcement/security within the casino would be handled by the State Police. He wanted to know if the State Police have accepted that responsibility.
Attorneys Don Nichol and Gail Suchman responded that they did not know and this was a question that they themselves had for Genting. Mr. Nichol added that the Town Board has a public hearing for Tuxedo Farms scheduled for December 8, which was about the special districts (sewer, water, parks) that they will be setting up. It does not relate to any final approval for the project.

Kristy Apostolides expressed her concern that the resort/casino project is being pushed through too quickly. She stated that the Public Hearing on Dec. 4 would be the chance for residents to review the DEIS and make sure everything has been covered. She added that she knew the Town’s consultants had been looking at the document and that there were other experts within the Town who had also been reviewing it but she feels that the time period for doing the review is very short.

Additionally, she recalled hearing that residents would be given a meeting with the Town’s hired consultants in order to have some dialogue. She feels that this would be important and suggested that the Board consider extending the public review time period.

Ms. Apostolides also wondered what would happen if a lot of people showed up to speak on December 4 andit looked as though it “might be a 5 hour long meeting?”

Supervisor Rost assured her that everyone would be given a chance to speak. He further stated that if more people showed up than could speak at the December 4 hearing, there would be another hearing. Additionally, he said that if more time was needed for the review, the Board would make sure that there was sufficient time for all their questions to be answered.

Kiki Nelson said she didn’t understand why the Board felt obligated to be finished with the review process by December 19. She cannot find any legal reason for this and pointed out that there are 3 holidays occurring around the same time. She added a plea to extend the review period, pointing out that there were good people from Town who were giving up their time to read and study the document and these people needed more time.

Michele Lindsay echoed the request for more time. She has been trying to put together a group of people to review the DEIS but found that many people didn’t have the time to do it with the impending holidays. She feels that the timetable has been established only for the benefit of Genting and in her opinion that’s not fair.

On the subject of the dialogue with the consultants, Mrs. Lindsay said this was promised in September and in the meantime, she and others have been submitting questions but they have not received any answers.

Supervisor Rost replied that if Mrs. Lindsay would study the Scoping Document, he felt sure she would see that the questions that she and many others had submitted had been given to the consultants.

Mrs. Lindsay then wanted to know why some things that had been submitted had not been included. She added that if they could have a meeting with the consultants, they would be able to ask those questions and perhaps understand.

Town Attorney Nichol added that he thought all the comments that had been submitted had been included in the Scoping Document. Mrs. Lindsay disagreed and agreed to get him a list of those things that were left out.

Finally, Mrs. Lindsay wanted to know if speakers would be limited to 3 minutes at the public hearing? She pointed out that the DEIS is hundreds of pages long and said that at the Gaming Commission’s hearing in Poughkeepsie, speakers had been given 5 minutes.
The Supervisor replied that this was a fair point and would be considered.

Rodger Friedman stated that former Governor Pataki had issued a statement last Friday on the subject of the casino. He then read the statement into the record and offered each Board member a copy of the statement. Click here toread the statement.http://goo.gl/h0CRGo

Agenda Items:

a Resolution to schedule the annual public hearing for the Woodlands Sewer District for December 8th at 7:30 pm.
a Reminder of the Public Hearing regarding the Resort/Casino DEIS and Special Use Permit — 7 pm on Thursday, Dec. 4th at George F. Baker High School
a Reminder of acceptance of written public comments on Resort/Casino DEIS until 3 pm on Friday December 19th at Town Clerk’s office.

Public Comments:
Kristy Apostolides announced that she was videoing the meeting and intended to record all future meetings because she had been asked to do so by many people who were unable to attend the meetings themselves for various reasons. Her recordings will be published on You Tube. She added that she knew the Board was looking into a cable channel for broadcasting the meetings but said she felt there might be better options available.

Councilman McMillen responded that this was in the works. He said the problem was that the equipment they have is analog and they need it to be digitalized.

Ms. Apostolides further suggested that there were students at Monroe Woodbury High School AV Club who would be happy to help with this project.

Councilman McMillen encouraged her to send him the names of the students. Supervisor Rost added that the Town had already spoken with people at the STEM Academy about helping with the project as well.

Finally, Ms. Apostolides encouraged the Board to follow up on Dan Castricone’s suggestion that the Town get involved in the Monroe/Kiryas Joal annexation issue as she feels it is important for all of us.

Councilman Matthews said he had spoken to Mr. Castricone and volunteered to attend meetings.

Jim Hays stated that the Gaming Facilities Location Board has scheduled their final meeting for December 17 at which time they will announce a decision on the casino locations.

Michele Lindsay wanted to know when the Board would consider the requests made about the public hearing and review process.

The Supervisor said it would be considered the next day.

Mrs. Lindsay then asked for an update on the Conservation Easement from Tuxedo Farms.
Supervisor Rost responded that there was not a final update although there have been discussions between Andrew Dance and the attorneys. He further stated construction can not start until this has been done.

Finally Mrs. Lindsay expressed some confusion about the Town budget, which she said she had emailed the Supervisor about but was still confused.

The Supervisor said that he had responded to her email with answers and had felt that when she didn’t respond to that, she had accepted these answers. Since he didn’t have the budget in front of him, he was reluctant to give her definitive answers but volunteered to spend time with her the next day or sometime in the near future.

Rodger Friedman wondered if the mulch pile continued to operate without a contract.
Town Attorney Nichol responded that the old contract was still in effect although it hadn’t been renewed. He added that there was still a process to go through but that it was underway.

Mr. Friedman said that things were continuing to pile things up over there.

Mr. Nichol replied that the reports he had seen said that the piles were coming down.

Mr. Friedman responded that the mulch was coming down but that the logs were going up. He then wondered how the Town was ever going to manage a resort casino if they couldn’t even manage a mulch pile.

Vouchers were then signed and the meeting was adjourned

Agenda for Town Board Meeting November 24 2014

Call to Order
Pledge of Allegiance

EXECUTIVE SESSION for the purpose of receiving advice from counsel regarding proposed Resort/Casino

REGULAR BI-MONTHLY MEETING

Minutes
Monthly Reports
Town Supervisor/Town Board Update

Public Comments on Agenda Items

Agenda Items:

1. Resolution to Schedule Annual Public Hearing on Woodlands Sewer Rates

2. Reminder of Public Hearing Regarding Resort/Casino Draft Environmental Impact Statement (DEIS) and Special Use Permit-7:00p.m.- Thursday, December 4, 2014- Tuxedo Union Free School, One Tornado Drive, Tuxedo, NY 10987

3. Reminder of Acceptance of Written Public Comments on Resort/Casino DEIS until3:00 p.m., Friday, December 19,2014 at Town Clerk's Office, Town Hall, One Temple Drive, Tuxedo, NY 10987

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

Public Comments
Budget Transfers
Vouchers

Adjournment

Special Town Board Meeting November 19 2014

The Town Board met on Wednesday, November 19, 2014 at 6 pm. All members were present.

Immediately after the meeting was called to order, the Board unanimously voted to adjourn into an Executive session with Town Counsel, Howard Protter, to receive advice regarding the establishment of sewer, water and parks districts in the Tuxedo Farms Development.

The meeting was reconvened at 7:00 pm. There was only one item of business, a resolution to adopt the 2015 Preliminary Budget as the Final Budget. This was passed unanimously without any line item changes.

Agenda for Special Town Board Meeting November 19 2014

Call to Order
Pledge of Allegiance

1. Resolution to Enter into Executive Session for the Purpose of Receiving Advice from Counsel
Regarding Establishment of Tuxedo Farms Sewer, Water and Parks Districts

2. Resolution to Adopt 2015 Final Budget

Adjournment

Budget Public Meetings and Regular Town Board Meeting November 13, 2014

The Town Board met on Thursday, November 13, 2014 at 7:30 pm. Councilman McMillen was absent.

Public Hearing on 2015 Preliminary Budget:
Supervisor Rost opened the Public Hearing and then gave a PowerPoint presentation,which walked the audience through the highlights of the budget.

He began by recapping 2014. The Town started the year short by approximately $1 million as they anticipated having revenues in the bank that simply were not there. 2013 bills had been paid with 2014 revenues, putting the Town even further in the hole. Additionally, last winter was challenging—extra salt needed to be purchased and overtime needed to be paid. In short, revenues fell short of projections while expenses exceeded them.

For 2015, the budget has been put together using trends and history. Department heads have participated in the process and were challenged to cut costs wherever they could. They will be responsible for delivering results. To help them, payroll has been outsourced and will generate reports that will allow the Department Heads to better manage overtime and expenses. Also, reporting tools are now being utilized which will give the Supervisor and Board the ability to manage the business of the Town in a much better manor than they could in the past.

As a result of the planning miss, the Town started the year about $1.7 million in the hole. They were subsequently downgraded twice by Moody’s, which resulted in their having to pay more to borrow the money to purchase Quarry Field.

Consequently, all projects in the Town were put on hold and they remain on hold. The Board pledges to find a way to get anything that is absolutely necessary done, but anything that can be put off will be put off. In the meantime, in order to cut costs, used equipment was purchased for the Highway Department but maintenance costs are rising. The Police Department fleet of vehicles is aging with cars that have over 100,000 miles on them. And, buildings are in need of repair.

Additionally, when the State Comptroller did their audit in the beginning of the year, they discovered that costs for the Courts had been put into the A Fund (Town + Village) but the revenues from the Courts were put into the B Fund (Town outside the Village). This must be corrected — the State Auditors, Town Consultants A&M and the new accountant have all said so. As a result of that, the Village tax rate will go down and there will be an increase in the Town tax rate. (for every $10,000 of assessed valuation, the rate will go up $9 in the Town and will go down by $6 in the Village.)

The Supervisor further said that there had been some successes in 2014. The primary one is that after starting the year with a deficit, the Town will carry a positive fund balance into 2015. This is partly due to the $1.5 million payment by Genting as a result of the Host Community Agreement, but it is also due to Department Heads having cut costs and to the Board having scrutinized every invoice that came in. Controls and security are being put in place to protect assets and limit risk. At the same time, policies and procedures are being developed as a response to the State Audit. For example, the Town is switching to a purchase order system, which will give them better control over expenses.

For 2015, the total tax levy increase will be 1.03%. Since the Town’s tax cap is 1.05%, it will be under the cap meaning that residents will get a rebate check from the State. At the same time, Town residents will see an increase while Village residents will see a decrease. The Board is working on a one-time payment of $750,000 from Related (developers of Tuxedo Farms) which will be a big help. Details of this will come as the details are finalized. Furthermore, the entire Board is committed to finding new revenues and keeping costs down. They will be exploring opportunities for shared services with neighboring communities. The Supervisor has had some conversations with the County about shared services as well. Finally, the Board is looking into securing grant monies for shared services.

Supervisor Rost concluded by saying that while the Town was not yet where they wanted to be, they were in a better place than they had been and he felt that they were laying a foundation that this Board and future Boards could build on.
Click here to see a copy of the Supervisor’s presentation.

Public Comments:
Andrew Dance commented that while this was the 3rd Budget Hearing he had attended in Town, it was the first time he had actually understood what was being presented. He applauded the Board for their accomplishment especially during such incredibly hard times. When most Towns were having trouble making ends meet, this Board is keeping its head above water.

Uli Pendl said he had jotted down 6 questions to ask the Board but that the Supervisor had answered 5 of them, which he considered a novelty. He congratulated the Supervisor for having made a “professional budget statement.” He then made a plea for the Town to consider using a zero based budget in the future. He asked when the Budget would become final and was told it had to be turned in by November 20. There will be another meeting before then at which the Board will vote to adopt the budget.

Dan Castricone thanked the Board for not exceeding the tax cap and congratulated them for producing a great budget.

Nate Wolinsky wanted to know how the Board would want to receive any comments or additions for the budget and was told that people could either email or call Town Hall with suggestions.

Public Hearing on Special Improvement District Charges, including Hamlet Sewer and Sterling Mine Estates Drainage District:
There were no comments so the hearing was adjourned.

Regular Town Board Meeting:

Supervisor/Town Board Update:
The Supervisor stated that the DEIS for the proposed Sterling Forest Resort Casino has been posted online and he encouraged everyone to download it and participate in the process.

Public Comments on Agenda Items:
Uli Pendl inquired where he could find a copy of the Market Feasibility Study for the Resort Casino. He was told it was to be found in the Appendices to the DEIS which is available online.

Andrew Dance stated that he had thought he would be on the agenda but found that he was not. He further stated that Related had submitted to the Town Board and their attorneys documents on the formation of the sewer, water and parks districts for Tuxedo Farms. A public hearing will be required on this and Mr. Dance requested that it be held in December so as not to delay the start of building.

Resolutions:
The following resolutions were passed:

a Resolution to authorize the Town Clerk to advertise for Requests for Proposals for Town Consultant positions. These include Town Counsel, Town Engineer, Town Auditor/CPA, Planning Board Counsel, ARB Counsel and ZBA Counsel.
a Resolution to schedule a Public Hearing on Sterling Forest Resort/Casino Special Use Permit on December 4, 2014 and to formally refer the Special Use Permit Application to the Tuxedo Planning Board and the Orange County Planning Department for review and report — this is part of the required procedure under the Gaming Overlay District. It is scheduled concurrently with the DEIS hearing so that people can comment on any or all of these things at the same time.
a Resolution to grant a Special Permit for Our Lady of Guadalupe Torch Relay Run – 12/6/14 beginning at noon. This is an annual event.
a Resolution scheduling a Public Hearing regarding formation of Tuxedo Farms Water, Sewer and Parks Districts to be held on 12/8/14 at 7:30 pm.

Public Comments:
Jim Hays stated that at the last Town Board meeting he had brought up the fact that it looked as though Tuxedo Farms had broken ground. According to the Special Permit, once that has happened certain other events need to happen (reassessment, transfer of various properties such as the Fox Hill tract, conservation easements and others).

Town Attorney Nichol responded that the activity in question had taken place in Sloatsburg and thus was out of the Town’s jurisdiction.

Mr. Hays replied that Tuxedo Farms is one project and thus this still applies.

Andrew Dance clarified that Tuxedo was the lead agency and had jurisdiction over everything that happened in the Town of Tuxedo. Related has a separate agreement with the Village of Sloatsburg. That said, he acknowledged that there were a handful of things including those mentioned by Mr. Hays that had to be done before they could break ground. All of these things are in the works and should be done within the next few weeks. He further stated that there were several projects going on along Route 17 in the Village of Sloatsburg and Sloatsburg had reached out to Related concerning one of the contractor’s looking to drop very clean fill from their project. Related had the fill tested, found it to be very clean and agreed to take it. This is the dirt pile reported as observed by Mr. Hays at the last meeting. Additionally, United Water has been storing some vehicles on Related’s property in Tuxedo. So, although it may look like they have broken ground, in reality that is not the case.

Mr. Dance went on to say that construction would start in the neighborhoods of West Terrace, Upland Park and The Commons. The reason for this is that these are the areas where their infrastructure is located. He added that there would also be a public hearing in December for what he called minor changes to their plan including moving the Greeting Center to The Commons from the former Applewood Kennels site and swapping some housing between Upland Park and North Ridge. This is an even swap. They are not proposing to change density or unit counts, just to move the housing into different neighborhoods, which will be built out at the same time. They are also proposing to add an acre of land, which they purchased some time ago.

Dan Castricone stated that he had spent a lot of time in other Towns during the last six months while running for office. He noted that not every other Town had as many public comment periods in their meetings as Tuxedo does and he commended the Board for this. He added that the one issue he had spent the most time on was the proposed annexation of property from Monroe into Kiryas Joel and that he had attended the scoping session for that proposal and there was only one other person from Tuxedo present. Since that application will potentially have huge ramifications for all of Tuxedo especially with regard to the Ramapo River, traffic and taxes, he urged the Town to send a representative to attend future meetings and to be prepared to intervene in the inevitable lawsuits. Elaborating on this thought, he added that when deals got made on this proposal, he felt it was very important for Tuxedo to have someone at the table to make sure that the Town didn’t get left out as it will have a huge impact on Tuxedo.

Vouchers were signed and the meeting was adjourned.

Town Supervisor's Update November 13, 2014

Supervisor’s Update: 11/13/14

November 13, 2014

Dear Tuxedo Residents:

I’m pleased to report that the Draft Environmental Impact Statement (DEIS) for the proposed Sterling Forest Resort and Casino is now online for your review here: http://www.tuxedogov.org/sterlingforestresort/deis I encourage you to take some time to review this important document so that you can provide us with your feedback, which we are eager to hear.

There will be a 30-day public comment period commencing on November 19 and concluding at 3:00 p.m. on December 19. Written comments may be submitted to the Town Clerk at Town Hall at any point during the public comment period. There will also be a public hearing on Thursday, December 4, where you can provide your comments in person for the record.

The Board encourages your active participation during the upcoming public review period, and we will continue to keep you updated with relevant information as we move forward.

Thank you for your continued involvement.

Supervisor Mike Rost

Agenda For Budget Public Meetings and Regular Town Board Meeting November 13, 2014

Call to Order
Pledge of Allegiance

Minutes
Monthly Reports
Town Supervisor/Town Board Update

PUBLIC HEARINGS: 2015 Preliminary Budget and Special Improvement District Charges,
Including Hamlet Sewer and Sterling Mine Estates Drainage District

Public Comments on Agenda Items

Agenda Items:
1. Resolution to Authorize Town Clerk to Advertise for Requests for Proposals for Town
Consultant Positions

2. Resolution to Schedule Public Hearing on Sterling Forest Resort/Casino Special Use Permit
on December 4, 2014 and to Formally Refer the Special Use Permit Application to the Tuxedo
Planning Board and the Orange County Planning Department for review and report

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

Public Comments
Budget Transfers
Vouchers

Adjournment

Town Board Meeting November 10, 2014

The Town Board met on Monday, November 10, 2014 at 7:30 pm. The meeting was held in the multipurpose room of the George Grant Mason Elementary School. Councilman McMillen was absent.

Supervisor Rost began the meeting by offering the heartfelt sympathy of the entire Board to Coucilman McMillan whose oldest son passed away on Sunday night.

After cautioning the public that the meeting was not a public hearing, , the Supervisor asked Town Attorney Don Nichol to explain the process for the meeting. Mr. Nichol observed that this meeting was a part of the review process for the application, received by the Town, for a gaming facility proposed for Sterling Forest. He then provided a history of the application as an overview of what the process would be moving forward follows:

The application came in to the Town with an Environmental Assessment Form (EAF). Next, the Town Board declared themselves the Lead Agency for the project and gave the it a positive declaration which meant that they believed that there might be significant adverse environmental impacts from the project. As a result of that declaration, the applicant was required to prepare and submit an Environmental Impact Statement (EIS). The earliest phase of this document is called the Draft Environmental Impact Statement (DEIS), which was what the Board is considering at this meeting. The Board will decide if they think the document is adequate for public review, meaning that it covers all the things that were spelled out in the Scoping document. If they should determine that it is adequate, the document will then be presented to the public for further review. There will follow a public comment period and a public hearing where people can present their thoughts on the document. The application will require certain further review by the Architectural Review Board and the Planning Board as well as a Special Use Permit to be issued by the Town Board. That permit can only be issued if the project is granted a license by the State Gaming Facility. The reviews by the Architectural Review Board and Planning Board are already ongoing and Mr. Nichols expects that the plans will soon be submitted to the County Planning Department for their review. There will also be a public hearing on the site plan, which will be held by the Planning Board. After the public comment period is over, a Final Environmental Impact Statement (FEIS) will be prepared and the next step will be for the Board to accept that document as complete. Then, all three Boards will have to make a Findings Statement before the application can be granted.

The DEIS was received by the Town on Friday, November 7. The Board members were all provided with copies to review. The Town’s consultants have been involved with reviewing it all along and are in a position to advise the Board as to whether or not they think the document is adequate to be released for public comment.
Town Planner Bonnie Franson next listed the consultants who had worked on the document. They are:

Alvarez & Marsal – who worked on Community Services and Fiscal Impacts, Market Feasability and the SocioEconomic section.
CDM Smith - Sharat Kalluri and his group reviewed Transportation impacts
Sandstone Environmental – Nancy Neuman and Brook Crossan looked at Air Quality, Noise and Energy especially relating to greenhouse gas emissions
Bagdon Environmental – Norbert Quenzer and Meredith Ellis. They looked at Wetlands and Surface Water as well as Vegetation and Wildlife impacts
H2M Bonnie Franson and Steve Hyman reviewed land use, visual character, cultural resources and much of the infrastructure impacts
George Janes Associates will be retained to review visual impacts. He will be involved in reviewing results of the second balloon test which will be done when the leaves are off the trees.

These consultants have been working with the applicant throughout the process of preparing the document. At this point it is their collective viewpoint that the DEIS document is adequate to be released for the purpose of public review. Ms. Franson stressed that this does not mean that the Town Board agrees with everything in the document, or that they believe in the proposed mitigations or other impacts. If the Board does agree, this will mean that they are ready to take substantive comments from the public as well as various agencies.

Ms. Franson further commented that there were various errors within the document such as misspellings which are considered minor and that she believes can be addressed by issuing an Errata Sheet which she is working on.

Supervisor Rost led off the questioning by asking if there was sufficient water available at the site to fight fires?

Ms. Franson responed that the applicant is proposing to install a million gallon storage facility and tank for this purpose. Originally, it was proposed that water be taken from one of the ponds but upon further study, it was determined that that would not be adequate.

Councilman Matthews observed that the “land swap” with PIPC for the 15B Thruway interchange didn’t happen and wondered why the process was moving forward if the interchange can’t thus happen?
Ms. Franson responded that it was her understanding that the land swap wasn’t necessary and that the interchange could be engineered in a manner that would work without it..

Senior Traffic engineer Sharat Kallluri stated that based on their review of the traffic interchange, it looks as though the applicant is proposing a “tight diamond” configuration instead of the “loop” that was originally presented as one of the options. He said it was his understanding that at this point, this configuration would not require “as much of a land swap” as the original proposal. He went on to say that they had not looked at the detailed plan for this.

Councilman Matthews wondered if there was such a plan.

Mr. Kalluri responded that there was a plan which was conceptual in nature, but that he hadn’t seen a detailed plan. He added that this was something they would be asking the applicant to provide.
Attorney Gail Suchman added that the details of Interchange 15B would be considered by the Thruway Authority who would be looking at a completely separate DEIS for that part of the project. She further stated that as per the plan submitted to the Thruway Authority in the EAF, it was indeed a diamond shaped plan that was proposed, which would not require any Parkland.

Councilman Matthews wanted to know if there were any other interchanges of this shape in the area that he could go and see as he is not familiar with this kind of interchange. Ms. Suchman replied that she didn’t know. She reiterated that the Thruway Authority would be doing a detailed EIS review of the proposed interchange and that they would be evaluating the engineering plans to see if they are appropriate. Councilman Matthews asked what would happen if the plans were not appropriate and Ms. Suchman replied that the project could not go forward without the interchange so if the Thruway Authority has issues with the design, it will either have to be redesigned or there would be remaining issues.

Councilman Matthews responded “then it has nothing to do with the Town Board?” and Ms. Suchman replied that the Town Board had done a cumulative impact analysis which would be updated as they received more information from the Thruway Authority. In addition, she said, the Town would be an “involved agency” in the Thruway’s EIS process just as the Thruway is an “interested agency” in the Town’s review. Presumably, the Thruway Authority will be lead agency in that process but the Town Board will have opportunities to submit comments and review the process very closely.

Mr. Matthews further wanted to know what part County Road 106 would play in the process. This road is owned by PIPC and it was his understanding that they had refused access to it. The interchange would have to join up with CR 106 which is 2 lanes and which crosses both the Thruway, the railroad tracks and the river.

Ms. Suchman replied that she wasn’t in a position to answer that question as it would be determined during the process but she emphasized that the Town Board would have the opportunity to provide comments during that process.

Councilman Matthews stated he had only recevied the document the previous Saturday and as such hadn’t had a chance to review the entire thing. Town Attorney Nichol then showed him where in the document he could find the details of the proposed “tight diamond” interchange. Councilman Matthews remarked that he was seeing exactly what he had been afraid of…a stop light at the end of the ramp, which, in his opinion, meant they would be tying up traffic trying to exit the Thruway. Mr. Nichol responded that there was not a stop light shown on the plan.

Traffic Engineer Kalluri interjected that the two ramps were controlled by traffic lights and the applicant has provided traffic analysis but that he hasn’t as yet reviewed that to the level that needs to be done. He added that there was a roundabout proposed at the intersection and of 17 and 17A located to the west of the interchange.

Supervisor Rost inquired about the police. Specifically, he wanted to know if the Town police would still be used for everything?

Town Planner Franson responded that if there should be any“incidents” at the casino, the DEIS indicates that the State Police would be handling them. The local police will be primarily responsible for anything that happens outside the casino such as traffic violations.

Attorney Gail Suchman added that the reason for this was that the applicant is under the impression that the Gaming Board will designate that the State Police will respond to any emergency or crime that is occurring at the facility. She further stated that she had requested more information from the applicant which will come after the Gaming Board has made its pronouncement. It will be one of the Town’s substantive comments so that they can ask for mitigation for the local police force if necessary.

Councilman Matthews said that he recalled having seen something in the document which stated that there would be no impact on either the court system or police force. He wondered how that was possible?

Attorney Suchman responded that this needed to qualified. She also pointed out that there was not a comment which said there would not be an impact on the courts or police. In fact, in the Fiscal Impact section, there is a chart, which demonstrates that there could be as much as a $7million impact on local police. She felt Councilman Matthews might have read the statement that when one included the increased revenue generated by the casino, there would, in fact, be a $9 million surplus and that there was revenue, which would offset the expenses. She said she had already indicated to the applicant that she wanted refinement on this and that the Town would want to look at mitigation for the potential issue.

Supervisor Rost wanted to know what if any impact there would be on the Indiana bat which is an endangered species? He further wondered if there had been any other endangered species identified as being impacted?

Norbert Quenser of Bagdon Environmental replied that acoustical studies indicated the presence of Indiana bats. This information was provided by the applicant’s consultants to the State DEC. There have been no statements from any of the agencies as yet but once the DEIS is released to the public, he felt the agencies would be responding and probably asking more questions on this subject. Federal permits will be required for the project so there will be oversight under that process as well.

The Supervisor asked if this could have an affect the project.
Mr. Quesner responded that it was difficult to say as it would depend on how many bats were present. This data won’t be known until all the agencies review all the information and make some determinations.

Councilman Matthews stated that he was extremely concerned about how the project would affect the quality of life for Town residents. He wondered if that had been properly addressed in the document?

Town Planner Franson replied that it was addressed in the Land Use and Zoning section where community character was discussed. Impacts concerning visuals, air, noise and property values were summarized in this section. The applicant makes his determinations as to the impacts here as well. During the Town Board’s substantive review, they will be making their own comments on this subject. The DEIS evaluates this on a “neighborhood” basis so that there may be different impacts on different neighborhoods.

Councilman Matthews said he was concerned about things like traffic backing up on the Thruway due to an exit with traffic lights at the tops of the ramps, which would, he felt, directly affect the East Village.

Gail Suchman added that the document indicated that the East Village was identified as a neighborhood, which was affected by the Thruway so it would be studied for the impacts.

Supervisor Rost wondered what the noise impact would be on Clinton Woods and Laurel Ridge?

Bonnie Franson responded that the DEIS showed that noise had been evaluated in a variety of areas with different receptors and it wasfound that there would be a 6 decibel increase during peak hours for Laurel Ridge and Clinton Woods. According to the document, this will affect 36 homes (15 in Laurel Ridge and 21 in Clinton Woods). She further stated that at this point the proposal from the applicant is to provide funding to those homes affected in the amount of $25,000 per home to install upgraded insulation and windows in those areas which front to Route 17A.

Gail Suchman added that this was just a proposal. Any vote by the Board that night would not mean that they had accepted the proposal. It was simply in the document so that those homes that were affected would be informed of the proposal and could respond with their opinions and comments.

Councilman Matthews commented that he felt the fact that this was only being offered to the residents of Laurel Ridge and Clinton Woods was a “slap in the face,” to people of the Hamlet, specifically those people in the Nursery who heard noises because they are located on a hill.

Nancy Newman of Sandstone Environmental commented that she didn’t believe a receptor had been placed in the Nursery. Sites were picked as they were felt to be representative of the Town. She said it was believed that there would be a small net benefit to the Town because traffic which used to come through Tuxedo on Route 17 would now be directed to the Thruway.

Councilman Matthews commented that since the Thruway ran through the Town, parallel to Route 17, it didn’t really matter which road the traffic was on. He also wondered if there had been any analysis of what the impact of noise would be during the 2 year period of construction. He was told yes, there was a construction analysis.

Gail Suchman further added that this issue would be addressed during the EIS for the Thruway Authority. She said the East Village had been identified as an area of impact.

Councilman Matthews wondered why the document couldn’t go out to the public to let them have a say in whether or not they thought it was complete.

Ms. Suchman responded that this was not the usual process. She went on to say that it was important to get this document out to the different agencies as well as the public so that they could add their input and substantive comments and that the document needed to be designated as complete before they could do that.
Taking the conversation back to local services, Supervisor Rost asked if the DEIS identified any different plans for the Fire Department?

Bonnie Franson replied that the analysis so far showed that there would be a deficit to the local Fire Department. As far as equipment is concerned, the DEIS indicates that any additional equipment required would be covered under the $2.5 million in the Host Community Agreement. However, in order to mitigate the personnel issue, the applicant is proposing to establish a 4th Fire District made up of resort personnel.

The Supervisor then asked how the applicant had come up with their lighting studies?

Ms. Franson responded that there was a photometric plan, which shows the levels of illuminants on the site. She feels that one of the issues that needs to be addressed was that the lighting plan primarily addresses ground level lighting but there will be other elements of lighting (the building, the swimming pool, etc) which the consultants feel must be addressed.

The Supervisor next stated that a lot had been made of the water impact on the Ramapo and he asked Ms. Franson to touch on that. She replied that one of the changes to the overall plan was that the applicant had originally proposed using only 50-60% reclaimed water and now they are proposing to use 100% reclaimed water. Also, they will be using reverse osmosis to get the water up to drinking water standards. As a result, the conclusion is that there will not be an impact to the Ramapo River watershed.

Councilman Matthews added that the area where the project will be built is one where, when it rains heavily, a lot of water is retained. He doesn’t understand how increasing the culvert size in the discharge area will help to retain more water.

Steve Hyman from H2M stated that to date the applicant has submitted a Stormwater Management report, a Flood Impact Analysis Report and a Draft Stormwater Pollution Prevention Plan as well as about 70% construction level details. Although there is still a lot of technical review to be done, Mr. Hyman feels that the package as submitted is complete enough for that review to happen.

Councilman Matthews expressed concern that since they were installing a bigger culvert, the applicant wanted to release the water rather than hold it.

Mr. Hyman replied that no, this is not the case. In fact there will be several detention ponds during the construction phase.

Councilman Matthews then commented that while looking at the list permits which will be necessary for the project, he noticed there is a blasting permit. He expressed concern that this would add to the impermeable surfaces on the site. What this means, in his opinion, is that during a flood a retention pond might not be able to hold all the water until the Ramapo River can “settle down” again.

Mr. Hyman stated that there are going to be pervious pavements, as well as subservious linear leaching chambers. Additionally, the applicant’s engineers have been doing comprehensive soil testing in the area and, from their prospective, their calculations bear out. A thorough technical review by the Town and its’, consultants as well as the other agencies may lead to more questions.

Councilman Matthews asked if there was a geologist on the team of consultants?

Bonnie Franson replied that if he looked at the Appendixes, he would notice that a Geotechnical Report has been done. The applicant has a plan and they have a proposal as to how they will address this. During substantive review, the Town and its consultants will decide if that proposal is acceptable.

Gail Suchman reiterated that declaring the DEIS document complete only means that the Board believes there is enough information included in it to justify releasing it to the public and to the involved and interested agencies so that substantive review can begin.

Councilman Matthews asked for an explanation of the procedure to get things added to the document once it was declared complete.
Ms. Suchman responded that first, the document would go out for public comment. Then they would issue the environmental notice to start the public comment period. During that period, the Board will get written comments and they will hold a public hearing for oral comments. At the end of that process, the applicant has to do a responsiveness summary, which looks at all of the questions and answers them. Either they will make changes to the EIS or they will try to explain why they feel such changes don’t need to be made. Next, a Final Environmental Impact Statement (FEIS) will be prepared. This document will be prepared by the Town. After the FEIS is accepted as complete, the Board is required to issue a Findings Statement, which states specifically what the impacts will be and how they have been addressed. This is to make sure that everything is in accordance with SEQRA. No permit can be issued without the Findngs Statement.

Supervisor Rost commented that he’d noticed that there was a Farmer’s Market as part of the project. He wondered if that was going to be in competition with the Market that already exists in Town? He also asked for conclusions on property values. He recalled reading that they could “go up, go down or stay the same.” Finally, he wanted to know if the applicant had studied all the different intersections on Route 17 A?

Bonnie Franson responded that in the project summary, a “summer seasonal Farmers Market” is mentioned. She added that if the Town Board felt that this would compete with the Town’s existing Market, that would be a substantive comment.

Traffic consultant Sharat Kallluri reported that the latest traffic report started with the intersection at Benjamin Meadow Road and went all the way up to Interchange 15B commenting on all the intersections along the way. They are doing signal warrant analysis to see if the amount of added traffic will make traffic lights necessary.

Gale Suchman added that there would certainly be a comment for the Town Board to make with respect to property values.
Councilman Matthews said he was confused by the different figures for the height of the spires on the building.

Ms. Suchman explained that the original application listed the height of the spires as 172 feet. When the applicant met with the ARB, they felt it would look better if it were higher so it was changed to 194 feet. When the second balloon test is done during off leaf conditions, balloons will be flown at both 172 and 194 feet.

Finally, Councilman Matthews mentioned that the picture on the cover of the DEIS showed a “beautiful field” where one didn’t exist. Bonnie Franson responded that this was a computer-generated error and that they would suggest it be removed.

Resolution:
A motion was made to determine that the DEIS was ready for public review and comment. The public hearing will be held at 7 pm on December 4. The public comment period will commence on November 19 and continue until 3 pm on December 19. A copy of the DEIS will be sent to all involved and interested agencies. The Town Board will cooperate with both the Planning Board and Architectural Review Board during the process.

There were 3 ayes (Supervisor Rost, Councilmen Phelps and Loncar). Councilman Matthews said he was in favor of putting the
document out to the public, but didn’t feel he could say it was complete.

Town Attorney Nichol added that the applicant had requested that the Town Board make a submission to the Orange County Planning Department for their review, which is necessary if a Special Permit is to be granted. The Board will consider and vote on this at the regular Board meeting to be held on Thursday, November 13 at 7:30 pm.

Public Comments:

Kim Kilgore asked what studies had been done on the noise and light pollution which will come from the amphitheatre?
Nancy Neuman responded that the Resort would need a permit for each concert and that she believed they would be limited to a certain noise level.

Gary Birnberg who lives on Benjamin Meadow Road stated that he got the feeling that most of the traffic concerns had to do with people arriving from the South. He is concerned about people coming from areas north of the Resort and hopes that a study of that will be done.

Sue Scher noted that the agenda stated that the review would be made comparing the DEIS to the Scoping Document and yet she had heard no reference made to the Scoping Document.
Town Attorney Nichol responded that even though it had not been referenced as such, the comparison had been made.

John Kilduff requested that the Board consider having a series of workshops with the consultants so that people could have a chance to hear their opinions in more detail and ask them questions. He also requested that the applicant make copies of the DEIS available not only at the Library, but also at their Visitor Center which could be staffed with people familiar with the document so that they could answer questions.

Ulrich Pendl wanted to know where the Marketing Feasibility study was? He was told it was an Appendix to the DEIS and would be online on Wednesday with the rest of the document.

Sue Papke said that to clarify Mr. Pendl’s request when Genting made their proposal to the Gaming Board in Albany, they showed a lot of documents and she thought a marketing feasibility study was one of them. Gail Suchman responded that this was the document that was now an Appendix to the DEIS.

Michele Lindsay commented that considering the incompleteness of a design for Exit 15B, she felt it was clear that the Town Board had made a very large mistake in allowing the segmentation of the environmental review of the project. She believes they are only looking at the radius of property around the resort and not taking into consideration the buffer zone which exists on both sides of Route 17 A. She doesn’t understand why the Board is even considering this project when they don’t know what will happen with the 15 B interchange. She attended the PIPC meeting when access was denied not only to Park-land but also to County Road 106.

Councilman Matthews commented that he had asked that question but not gotten an answer.

Supervisor Rost stated that if there were no exit, then the project would not go through.

Mrs. Lindsay then reiterated that she thought it was a waste of time to do the review without knowing about the exit. She added that the diamond exit with traffic lights would be “horrific.”

The Supervisor restated the fact that in accepting the document as complete, all the Board was saying was that there was enough information within to release it to the public.

Attorney Gail Suchman added that there was analysis of this in the document. She also stated that the FEIS can not be approved until the Board knows what, if anything, is happening with the interchange.

Dolores Marchand stated that the public could not comment on the completeness of the DEIS since it isn’t a public document, but she knows that environmental studies cannot be completed in such a short time frame. New York State has set the time frame, but she feels that as lead agency, the Town Board must be emphatic that we cannot be rushed for the convenience of the State.

Agenda for Town Board Meeting November 10, 2014

Call to Order
Pledge of Allegiance

1. Presentation by Town Consultants Regarding Review of the Sterling Forest Resort/Casino
Draft Environmental Impact Statement (DEIS) and Comparison to the Scoping Document

2. Consideration of Resolution Determining Whether the DEIS is Ready for Public Review and
Comment, Setting Public Comment Period, and Providing for a Public Hearing on the DEIS

Public Comments
Adjournment

Town Council Election Results

District 1 (Hamlet/East Village)
Dave McMillen 183
Kristy Apostolides 55

District 2 (North)
Dave McMillen                               124
Kristy Apostolides                        218

District 3 (Park)
Dave McMillen                               86
Kristy Apostolides                 107

District 4 (Eagle Valley/Woodlands)
Dave McMillen 230
Kristy Apostolides 102

Dave McMillen 623
Kristy Apostolides 482

Congratulations Councilman McMillen!

The Town Board Candidates Discuss The Casino, Tuxedo Farms, The Environment and our Taxes

TPFYI asked the candidates for Town Board the Following Question:

The Town of Tuxedo is currently faced with pending residential and commercial developments that need approvals from the Town Boards, namely Tuxedo Farms and Sterling Forest Resort/Casino. What are your views on these projects and what steps do you feel the Boards should take to ensure that Tuxedo is not affected negatively by tax increases and environmental degradation as we move into the future?

Following are there answers in the order they were received:

DAVE McMILLEN

Tuxedo Farms has been a contentious subject for many years. With the negative financial picture we just received as a result of a state audit and the lack of available properties to develop, this project has now moved into a "must have" condition. I support Tuxedo Farms as it will add additional tax revenue into our financial stream. We also negotiated an agreement with Related Co. to build a new sewer treatment facility which will allow for modular expansion for future growth. Also part of that agreement is a new YMCA that will be beneficial to all town residents. This project will also create jobs and bring a significant draw factor to the town.

Sterling Forest Resort/Casino has the potential to be a large revenue producer not only from the property tax income but also will enable us to keep our schools open and solvent. The 47.5 million dollars we will receive in cash will help us repair our roads and infrastructure, purchase new town vehicles and equipment, beautify our town, enable us to better serve our senior citizens by providing them with new facilities and programs and allow us to invest in stringent security controls to protect our neighbors to the north.

I will fight any tax increase that may come to the table. I believe with or without the resort we can still become financially stable with sound planning. I believe the residents of the community at large should also be injected directly into the process of creating new ideas for raising revenue in the form of citizens action committees. Without leveraging the community the board will be forced to operate within its own limits. I have seen many people come out to the public hearings for and against the resort project. The town board would have been in a better position to vote for support for this project if we at least were able to bring the taxpayers into the initial presentations in a public format in order to allow us a better view of the overall local support level. The state of New York pushed us into a timing envelope that made it virtually impossible to engage them however. If I regret anything about my decision to support the resort, that would be the primary reason. I also attempted to create a local proposition to allow the citizens to vote on the project where their decision would have been final. I was told that was also not an option due specifically to the compressed time frame, as well as matters of legality.

Environmental issues are paramount for me. During my time on the Planning Board, one of my primary functions was to provide environmental stewardship to the town which is a role I took very seriously. We acted as lead agency many times for various projects. As mandated by the NYDEC, we followed guidance provided by SEQR. During the process of creating the scoping document for the resort/casino it was very important to me to ensure we collected every concern from the town residents and include them in the final version. Every concern will be dealt with. If we find cause for alarm and it becomes apparent that we cannot overcome all of those concerns, I will rescind my support for the resort/casino project.

KRISTY APOLSTOLIDES

If the Sterling Forest Resort Casino and Tuxedo Farms changes were approved, as town council member, it would be my role to ensure these developments are monitored properly and are completing things as they were agreed upon. Both developments will need special permit approval from the town council in order to proceed. The advancement of the Sterling Forest Resort Casino is entirely dependent upon the decision of the gaming facilities location board. If it is selected to receive a license, it will have to complete an environmental review process, which includes analysis of environmental, quality of life, and financial concerns. Tuxedo Farms development is requesting significant changes that will require the town council to approve an amendment to the special permit. I feel I can provide a more thorough level of insight into these review processes because of my training in the concept of sustainability and ecology and my experience in managing New York City-wide and international programs. Additionally, realizing I cannot be an expert in everything, I am an expert at recruiting the right individuals and consultants to provide the necessary detailed analysis and guidance. I know enough to know when something needs a more thorough analysis and I know whom to enlist to get the analysis completed.

My main concern with developments as approved is the fact that the town seemingly has limited capacity to provide the proper oversight. This was very apparent in the town board meeting on Monday, October 27. Questions were raised about the status of Tuxedo Farms in regards to the approval of the special permit. Namely, a completed conservation easement and environmental impact statement for the sewage treatment plant were conditions for a special permit approval and for breaking ground and it is unclear if those have been completed. Meanwhile, trucks have been seen going in and out of the proposed building site and large amounts of dirt have been moved. Observant residents – not a monitoring strategy - revealed to the town both the question about the easement and the realization that earth had been moved. I feel a combination of citizen ‘watchdogs’ and expert engineers is necessary to ensure proper monitoring of any development occurring in town.

While Supervisor Rost stated he requested updates from the Planning Board about any new developments, I couldn’t help but wonder why all this is being left up to the Supervisor. It seems to me there is a basic lack of organizational structure within the town council: each council member could be charged with certain specific tasks they are heading and further be supported by a committee or enlisting additional engineers/consultants. The council member would then be in charge of facilitating communication and updating the rest of the town board and public about the specific topic. Through facilitation of communication and organization of governance, there is greater assurance that items will not be missed and the developers will keep to their promises.

But this is an example of putting the cart before the horse.

I am not a fan of development for the sake of development. There must be a balance between conservation and development; population growth needs to occur in order to maintain school enrollment, ensure a tax base, and generate revenue for the town. However, housing developments are typically tax negative, because of the expense of schooling children and other services exceed the tax revenue generated by the development. So the types of housing needs careful review and planning to ensure it is not to the detriment of the existing town residents and only for the benefit of the developer. I believe the decades long planning around the Tuxedo Farms development had at least considered if not addressed all these issues. However, the developer is requesting very significant changes to the agreed permit and these changes will have to be carefully scrutinized to ensure that all the planning and consideration about revenue generation vs. cost of services has not been lost. There was thought given to the balance of housing types to attract young families and retirees, commercial and residential space, and general long-term impact to the town. These plans should be carried out and not ignored because they are not convenient for the developer.

As for the Sterling Forest Resort Casino development, I see only short term gain to this development that will result in long-term losses for the town, in terms of environmental degradation, tax erosion, and certainly a loss of the tranquil quality of life, which is the main attraction for many residents. Considering the terms negotiated in the host agreement, it seems Genting (the company behind the Sterling Forest Resort Casino) also sees short term gain in this development. The fact that all guarantees of tax revenue and compensatory payments end when a casino opens in the New York City region and that the only obligation of Genting to pay for emergency services is a one-time payment speaks volumes to the long-term negative financial benefit to the town. The particular scale of this development is of great concern, as it has projected attracting nearly 30,000 people per day. Ten times the current population of Tuxedo, with no attachment to this community, using the roads, water resources, and emergency services and with no thought to how their actions affect residents or the millions of people dependent upon Sterling Forest to provide clean drinking water. I have the same concerns regarding oversight for Sterling Forest Resort Casino as I do for Tuxedo Farms, but magnified tenfold. Looking at the scale of this development, the speed at which they are hoping to complete it and the unsatisfactory methodologies which they have been using to determine impact on wildlife, water, quality of life, and long term financial viability, I think the town will need to invest significant resources into the oversight of this development, including hiring engineers and consultants to review the construction and planning. I hope these needs were considered in the negotiations for payments, but I don’t see any specific statements or line item considering that fact.

I think what is now missing from the minds of many residents and decision makers is the context by which Tuxedo’s land base has become about 75% parkland. In 1995, New York and New Jersey leadership and taxpayers came together in a monumental decision that really brought forward the concept that in order to make metropolitan areas livable, in order to protect water and other natural resources that are necessary for life, development cannot be allowed to spread without full and thoughtful regional consideration of its impacts. Tuxedo, in its participation in the preservation of a large tract of unspoiled forest so close to a major metropolitan area, is an innovator. We now have the opportunity to take this vision to it’s logical next step by living up to the intention of creating a refuge accessible and attractive to the populations in New York City; prospering from, but not exploiting, its appeal as forever wild and accessible in a hour. This is only one of a host of creative possibilities that have not been considered, and which I plan to explore – and hope to implement - if elected to Tuxedo’s town council.

Town Board Meeting October 27, 2014

The Town Board met on Monday, October 27, 2014 at 7:30 pm. All members were present.

Town Supervisor/Town Board Update:
Supervisor Rost began his report by talking about the budget,the tentative version of which was filed, as required by law, on September 30. The final budget is due on November 20. Additional work has been done since the tentative version was filed. He added that all options are on the table and there are some tough decisions to be made. There will be a public hearing/presentation before the Board votes on the final budget and it will not be at the same meeting at which the vote is taken. The Supervisor explained that he wanted to leave time for public comments to be taken into consideration before the Board finalized the budget.

The final budget is due on November 20. Additionall work has been done since the tentative version was filed. He added that all options are on the table and there are some tough decisions to be made. There will be a public hearing/presentation before the Board votes on the final budget and it will not be at the same meeting at which the vote is taken. The Supervisor explained that he wanted to leave time for public comments to be taken into consideration before the Board finalized the budget.

On the subject of Perfect Cut, the Supervisor stated again that the lease has been terminated. The Board was planning to meet in Executive Session with Town Counsel after the meeting in order to discuss this subject. He asked for patience on this matter as it is going to take time to get the mulch operation closed down and cleaned up properly.

Supervisor Rost acknowledged that there had been a lot of talk about the Pilgrim Pipeline. As of now, the Town has not been contacted by the Pipeline. He added that this was something he would probably “jump on” as soon as the budget was done.

To give a little background to Agenda Item # 4 (appointing a new Town Auditor) the Supervisor stated that at the beginning of the year, the Board had sent out RFPs for this position as well as many others in Town. Only 2 people applied for the job—the former auditor, Ted Eglit and Andrew Arias who is being proposed for appointment. Both candidates were interviewed. The 2013 Town audit (supposedly to be done by Mr. Eglit) has still not been filed with the State. In a meeting he had with the State Comptroller, Supervisor Rost was advised to get someone new on board as soon as possible. Thus, he was proposing that they hire Mr. Arias tonight.

Commenting that he never thought he would be sitting on the dais talking about Ebola, the Supervisor stated that the Rockland Paramedics who service the Town, have a specially equipped ambulance so they are prepared in the event that someone in Town gets Ebola.

Councilman Loncar spoke up on the subject of the proposed new auditor. He stated he was uncomfortable appointing someone when no one else had been interviewed. He said he understood that only this one person had applied but wondered if the Supervisor had called any other accountants to ask if they would be interested. The Supervisor responded that he had not done this as the Comptroller had advised him that a switch to a new accountant needed to be done as soon as possible. Councilman Loncar then said he wanted the position to go back out to bid and stated that he would vote for it if it could go back out. The Supervisor replied it could be rebid in 2015.

Public Comments on Agenda Items:
With respect to Item #6 (resolution to authorize advertisement for bids for surveillance system for key areas of the Town) Andy Rogers wondered if this would be traffic oriented or criminal.

Councilman McMillen, who has been handling this, responded that the number one priority would be loss prevention and protection of assets. If the casino is approved, then there will be traffic and other surveillance and the Police Station needs upgrading on the system they already have.

Councilman Loncar commented that he was surprised that the Board was even entertaining this, commenting “we are supposed to be broke,” and noting that, in his view, there were many other things that needed to be done in Town. He stated that the Highway Department was in need of equipment as wasthe Police Department. He feels additional surveillance is very low priority and that the Board is wasting their time on it. The Supervisor pointed out that the resolution on the table was only to get prices for this equipment and not to purchase it.

An audience member then spoke out and asked Councilman Loncar “what about all the equipment that former Supervisor Dolan sold and never replaced while you were sitting on the Board?” He added that it seemed as though the Councilman had been quiet for a long time but now he had “so much to say!”

Resolutions:
The following resolutions were passed:

a Resolution to Schedule Public Hearings to Receive Comments on the 2015 Preliminary Budge and Special Improvement District Charges, including Hamlet Sewer and Sterling Mine Estates Drainage District. This was set for November 10th at 7:30 pm. Councilman Loncar asked for an explanation of the Special District Hearings. Town Attorney Nichol explained it was required annually by law just as it has been for years.
a Resolution to re-appoint Carol Matthews as Board of Assessment Review Member with a term expiring 9/30/19.
a Resolution to appoint Andrew Arias as Town Auditor. Mr. Arias will do the 2014 audit. The position can be re-advertised in January.
a Resolution to authorize agreement top perform snow and ice control on Old Forge Rd in Warwick. This is a long time agreement which is renewed annually.
a Resolution to authorize advertisement for bids for surveillance system for key areas of the Town. This passed 4-1 with Councilman Loncar voting no.

Additionally, there was an official acknowledgment of the filing of the 2015 Tentative Budget on September 30, 2014 as well as a notification of a full-volume Indian Point Siren Test on October 30 between 10 am and 12 noon.

Public Comments:

Dena Steele asked if Town Consultant A&M had been involved in generating the numbers in the Tentative Budget which is posted on the Town website.

Supervisor Rost responded that when the budget had been posted posted on September 30, A&M had not done much work on it.

However, since that time, he has met with them and they have been involved in additional work
Police Officer William Hall, President of the Town’s PBA, reported that recently Edgar Rubino, employee of the Valero gas station in Southfields, had lost his 20 year old daughter to leukemia. The police officers want to do something to raise money for the Rubino family who live in Harriman. They have decided to do a “no shave November,” where they will all be growing beards and friends and family members will be contributing to a fund at $25 per officer. Details will be posted on the Town website.

Sue Scher stated that she had delivered a petition to the Board on September 22 asking them to rescind their favorable vote of June 25 on the resort casino project. On October 10, Ms. Scher submitted via email some additional signatures for the petition. She is still waiting for a response to the petition.

Supervisor Rost responded that the Board was not going to rescind their vote.

Ms. Scher then asked if the Board had taken a formal vote on this stance in public.

Town Attorney Nichol replied that this was not necessary. However, the original petition had been formally acknowledged in the minutes of the September 22 meeting and tonight’s minutes would formally acknowledge the additional signatures.

Ulrich Pendl commented that he had spent a few hours going over the Tentative Budget the previous weekend and felt that it didn’t make any sense. He wondered who was in charge of collecting the “evidence,” making sure it was right and then entering it into the budget. He feels there should be a signature on the tentative budget so people would know who had prepared it. He also asked when the “real budget” would be coming out. Finally, Mr. Pendl wanted to know if there was someone who was versed in NYS budget rules who would be working on the document?

Supervisor Rost replied that the “real budget” had to be turned in by November 20. He added that he was working very closely with Town Bookkeeper and Budget Officer Brian Sullivan and that A&M was also consulting and helping with the budget. The Supervisor is also working with the State Comptroller’s office so he is confident that there is proper oversight on the document.

Mr. Pendl then inquired if a final budget would be available before the scheduled public hearing so that the public would have time to study it.

The Supervisor responded that he felt there should be a fairly complete version of the budget available by November 10, which was when the public presentation and hearing will be held. He commented that he wanted to have the presentation in advance of filing or voting on the budget to give the public time to comment so there would be time to incorporate any thoughts and ideas submitted at that time. There will be another meeting called to vote on the budget.

Kristy Apostolides commented that she believed Sue Scher had delivered a map of the proposed Pilgrim Pipeline to the Board in the past. Ms. Apostolides suggested that the Board put together a committee to study the pipeline as she believes it would be good idea to investigate it in advance of being asked to make a decision on the project.

The Supervisor reitereated that since the Pipeline people have not approached the Town as yet, he will focus on this after the budget is turned in.

Rodger Friedman remarked that the Board had met a couple of weeks ago in secret with the subject of the meeting being the mulch pile. He wondered if the Supervisor would fill him in on what was going on with that.

Town Clerk Elaine Laurent questioned Mr. Friedman’s use of the word “secret” as the Board had met with their attorney in Executive Session on this subject.

Supervisor Rost responded that the Board had been getting legal advice on the subject of the mulch operation and that they were going to get more such advice at another Executive Session to be held after tonight’s meeting. He added that it was going to take time to “manage it down.”

Mr. Friedman then asked what the goal was and he was told that the goal is to clean up the site.

Dennis Trotter inquired how much the Town receives annually from “the Parks?”

The Supervisor replied that he didn’t have this figure off the top of his head.

Acknowledging that her concerns may well fall within the purview of the Planning Board, Michele Lindsay stated that in the 2004 Special Permit for what is now Tuxedo Farms, the Northern and Fox Hill tracts were to be put into a conservation agreement before any development could commence at the site where they are building.

She wondered if that had been completed.

Town Attorney Nichol replied that he didn’t think this had been done, but there was still time as the developer does not have any permits or approvals to go forward as yet.

Ms. Lindsay then reiterated that as she understood it, they would not be able to go forward and do anything at the site until the land in question had been put into the conservation agreement. She wondered who was in charge of this process.

Mr. Nichol replied that the process was presently being handled by the Planning Board and that Town Planner Bonnie Franson was involved on this level as well.

Mrs. Lindsay wondered if this was something that would have to be voted on by the Town Board.

Mr. Nichols responded that the Town Board would probably have to accept the easement and make sure that it was legally sufficient and carries out the purposes of the Permit.

Jim Hays commented that he and his wife Nancy had walked into Tuxedo Farms the week before and found major changes to the property. They saw that huge amounts of dirt had been moved and a “huge platform” has been built (visible if one walks up Park Avenue and onto the Tuxedo Farms property). They also noticed a lot of silt fences, which have been overrun by earth. He recalled that the Special Permit allows the Town to hire extra building inspectors to keep track of this project and he wondered if it was time to look into hiring someone to check on the project.

Michele Lindsay wondered if they had permits for doing this work.
The Supervisor said he would check into it. As far as he knows, Related is simply putting their spine roads in.

Town Attorney Nichol added that the developer did not have building permits and he thinks that the conditions referenced are meant to relate to actual building. However, he said he would look into exactly what was going on at the site.

Mrs. Lindsay said she was confused about what the Town Board’s role iin all of this was. In the Village, the Village Board has to sign off on all things of this sort.

Mr. Nichol replied that in the Town, these things are handled by the Planning Board. The Town Board has an overall supervisory role with respect to the Permit and the conditions there in. The Buildilng Department has the responsibility of inspecting the site. When Related is ready to go forward with construction, they will need to post a bond to make sure that they are following what is in the Permit.

Jim Hays observed that significant changes to the project have been asked for and wondered if the Town Board had granted these changes.

Town Attorney Nichol replied nothing had been granted recently.
Mr. Hays elaborated that there had been major changes to Northridge, i.e. there are now apartments where once there were only single-family dwellings and single family dwellings have been added to the Town Center. He stated that this had all been brought up at the Planning Board.

Mr. Nichol stated that this had not yet been referred to the Town Board. He continued that he thinks Related believes that they have some flexibility within the Special Permit, which he does not think they have. If these changes are made to the Permit, they will have to come back to the Town Board for approval and they have not done that.

Sue Scher remarked that she had been on Related’s website earlier that day and had looked at maps which show these changes as well as housing near Mountain Lake, which she thought had been eliminated.

Mr. Nichol reiterated that none of these things could happen without a change to the Special Permit and this could only happen with approval of the Town Board. He said he would look into the situation.

The Supervisor added that he had sent an email to Town Planner Bonnie Franson asking for some time to sit down and discuss Tuxedo Farms as he has been getting a lot of questions about it. He has not heard back as yet.

Sue Papke commented that in her view the Town should pursue hiring a Project Manager as they has a part time Board with a “great big project” coming in. She also expressed her concern that it looked as though this project would be over 50% Senior housing, which will not help with the schools. She also feels that are not a lot of seniors who have a half a million dollars to spend on retirement homes. She wondered if anyone had brought these concerns up with Related or the Planning Board.

Supervisor Rost replied that Ms. Papke had brought these issues up herself at a previous meeting when Andrew Dance of Related was present and he had responded that their studies indicated that the plan would succeed.

Councilman Loncar added that this kind of senior housing was “selling like crazy” in Orangeburg.

Sue Scher wanted to know who exactly in the Town went to the Highway garage on a regular basis to inspect the mulch operation and to receive/review the reports from the DEC monitor.

The Supervisor responded that since the operation was located at the Highway garage, the Town is aware of what is happening up there. Also, the they have started receiving the DEC reports directly from Carol Krebs of the DEC.

Ms. Scher then asked if the Town Board received a report on a weekly basis from someone at the Highway Department as to what was happening there?

Councilman Loncar responded that the Town had hired the DEC to do that for them. He also noted that all of the Board members drove past the Highway garage on a regular basis.

The Supervisor remarked that the matter of who was making the reports was moot as the lease has been terminated and the business will be winding down.

Ms. Scher disagreed saying a lot could happen during that process. For example, she pointed out, she thinks the dirt pile is growing and the logs are increasing.

Jim Hays asked if Perfect Cut had left the site. He was told they had not. He then asked what their responsibility was in terms of cleaning the site up? The answer was that this is what the Board is currently working on. The Town has a $50,000 bond from Perfect Cut for clean up and they are cooperating.

Mike Squillini inquired if there was a higher authority than the State DEC. He was told no, not one with any jurisdiction.

Rodger Friedman wondered if he understood correctly that the goal was to have Perfect Cut remain on the site and a mulching operation continue only in compliance with DEC regulations?

Town Attorney Nichol replied that this was one possibility and that he couldn’t say anything more in open session.

Sue Scher asked if it was a possibility that nothing would end up being there and she was told that this was also a possibility.

Jim Hays questioned whether there had been a stop of all material being brought onto the site?

Mr. Nichol responded that there had not been a complete stop, but there has been a huge slow down in the amount of material being brought in. Mr. Hays then wanted to know why there had NOT been a complete stop? Mr. Nichols responded that there is an ongoing business there. He went on to say that the lease is technically over although the there are terms within about carryover and holdover and that is the stage they’re in at the moment.

Kiki Nelson stated that more logs are being brought in all the time. She wonders how those could be drawn down if more material is being brown in to be turned into mulch? If the lease doesn’t exist, why is this being permitted?

Town Attorney Nichol reiterated that these were things he would be discussing with the Board in Executive Session after the meeting.
Michele Lindsay stated that in September she had inquired about the balloon test, which was conducted by Genting for the resort casino and said the Supervisor was supposed to get back to her with the criteria for this test.

Supervisor Rost responded that he had spoken with the consultants who had assured him that all the criteria had been fulfilled.
Town Attorney Nichol added that he expected the Draft Environmental Impact Statement to be filed shortly. The results of the balloon tests would be included in that. That document will be made available to the public and there will be a formal public hearing on it.

Sue Scher inquired about the process to be taken with the DEIS.

Mr. Nichol responded that once it was received, the Board would decide if the document was complete i.e. does it address fully enough all the questions raised by the Scope so that it can be released to the public for their comment. At that point, he believes that there may be a presentation of the document at which the Town’s consultants would be present. Following that, there will be a Public Hearing.

Ms. Scher wondered if the early meetings would be public. She was assured that it would be an open process although typically public comment is not allowed in the early stages.

Attorney Joseph Deusch representing developer Ken Torso next appeared to make a plea to have the bond released on Mr. Torso’s two projects in Town — one is a subdivision on Benjamin Meadow Road which encompasses 4 houses on 199 acres, but no public roads or other public improvements. The other is the Skiside Villas subdivisions which include Katrina Court.

Town Attorney Nichol stated that he had done some research and discovered that for the Benjamin Meadow subdivision, the Town Engineer had noted some changes in driveway locations. After following up on this, Mr. Nichol concluded that it was all documented as it should be with the Town and it was his recommendation that this bond should be released.

As far as Skiside Villas is concerned, the Town is still not satisfied with the condition of the pavement and there are some minor drainage issues as well. There was a settlement offer made by Mr. Torso, which the Town Board rejected some time ago. At this point, Mr. Deutsch stated the Board has 3 choices: 1-They can release the bond. 2- They can call the bond or 3-They can sit down and talk to the developer and decide what will be done. Mr. Deutsch and Mr. Torso would prefer the 3rd choice.

The Supervisor said he would follow up with Mr. Deutsch on Skiside Villas and the Board unanimously approved releasing the bond on the Benjamin Meadow Road project.

The meeting was then adjourned into an Executive Session to receive legal advice from Town Council.

Agenda for Town Board Meeting October 27, 2014

Call to Order
Pledge of Allegiance

Minutes
Monthly Reports
Town Supervisor/Town Board Update

Public Comments on Agenda Items

Agenda Items:

1. Acknowledgment of Filing of2015 Tentative Budget on September 30,2014

2. Resolution to Schedule Public Hearings to Receive Comments on 2015 Preliminary Budget and Special Improvement District Charges, Including Hamlet Sewer and Sterling Mine Estates Drainage District

3. Resolution to Re-Appoint Carol Matthews as Board of Assessment Review Member

4. Resolution to Appoint Andrew Arias, CPA, Cr.FA, Audit Partner, Cooper Arias, LLP, as Town Auditor

5. Resolution to Authorize Agreement to Perform Snow and Ice Control on Old Forge Road in Warwick

6. Resolution to Authorize Advertisement for Bids for Surveillance System for Key Areas of the Town

7. Notification of Full-Volume Indian Point Siren Test-October 30, 2014 between 10 a.m. and 12 Noon

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

Public Comments
Budget Transfers
Vouchers

Adjournment

Candidates for Town Board Talk About the Financial Future of Tuxedo

There are many important issues currently facing the Town of Tuxedo and residents should know where the candidates for Town Council stand before casting their votes. In the weeks leading up to the election, TPFYI will pose one issue-based question per week to the candidates. The responses to these questions will then be posted (in the order they are received) to our site for residents to consider.

In this regard, TPFYI presented the candidates with the following question about the proposed Tuxedo Reserve Development:

The New York State Comptroller has placed the Town on it's list of municipalities in financial stress. What will you do to turn this situation around? At the same time, the Town is in dire need of tax rateables to boost its revenue stream and simultaneously there is no longer any vacant land available. What are your suggestions/ideas for the financial future of the Town?

DAVE McMILLEN

Reducing costs increases revenues. Primarily the first step in correcting this condition is to cut spending across all business components which is actually happening now. Based on the results of the state audit this year, we are bleeding profits as a primary result of a lack of financial controls and mechanisms of accountability as well as the previous supervisors failure to budget correctly. . We need to implement a robust and comprehensive accounting software package that plugs into all the departments and gives us a day to day look at where money is being spent at the touch of a button - in real time. The cost of this software will be offset in short time by the savings it will immediately bring.

Rateables will increase in the next year as a result of the Tuxedo Farm project breaking ground. This project has always been very controversial however it is now critical to our town's financial survival. This project will also allow us to build a new sewer treatment plant that has modular growth potential that could support additional development outside of the Tuxedo Farms subdivision.

Work with tax exempt organizations to develop PILOT agreements (payment-in-lieu-of taxes) to offset the cost of services.

Perform a SWOT evaluation to identify the towns strengths, weaknesses, opportunities and threats.

Create a Local Economic Improvement Committee comprised of taxpayers, business owners and local officials to set goals for economic improvement both short and long term.

Implement robust physical and visual security systems which will protect our assets from potential loss.

Identify shared services opportunities from nearby communities that would allow more than moderate savings and be beneficial to both cooperatives..

Review inventory of town owned buildings, facilities and land to determine ability to monetize unused assets.

Divest loss generating enterprises such as the mulch facility.

Rate services that are essential and eliminate those deemed as "nice to have"

Utilize benchmark analysis to compare best practices against actual implementation in order to examine cost of services.

Leverage the competitive bids process and utilize local vendors.

Partner with The Chamber of Commerce to promote existing businesses and to identify roadblocks that are inhibiting business growth.

Work with state parks commission to promote tourism which would increase revenue for local businesses.

Power House Park is under utilized. Host events that would allow local businesses to sell their products to local and outside residents and allow fee based outside purveyors. Country fairs, music/performing arts events, flea markets and seasonal festivals are examples that would provide draw potential to Tuxedo.

KRISTY APOLSTOLIDES

My apologies for the correction, but the Town of Tuxedo is actually not on a list of municipalities in financial stress, but is designated under the Office of the State Comptroller’s Fiscal Stress Monitoring System as a municipality that is Susceptible to Financial Stress. There are three levels of designation (Severe, Moderate, and Susceptible) and Tuxedo is listed on the least serious of all the designations (Susceptible). This might be a fine distinction, but an important one to make as it means that currently, we are not in an emergency or dire situation and I believe it is completely within the power of the town council to turn the situation around.

The first step to solving any financial shortfall is to figure out the details: implement some structure and controls that will enable the town better management of its funds. The only way to effectively balance a budget is to understand where the money is coming from and where it is going. In the town’s current financial management system, a certain expected level of detail and tracking is simply not available. A proper and accurate forecast can be conducted only if there is an understanding of the actual revenues and expenses. It is imperative that a thorough financial accounting system is put in place and that alone will result in savings.

While I understand the current supervisor is making efforts to put financial controls in place, a measure I fully support, how this is being done is questionable. At a town board meeting on August 11, 2014, without a competitive bidding process or request for proposals, the Town Board passed a resolution to enter into an agreement with Alvarez & Marsales for an undetermined amount not to exceed $100,000 for advisory services including fiscal management, budget and internal controls best practices. While there may have been a more cost effective way to internalize these controls utilizing the expertise available here in town and taking advantage of State provided assistance, the biggest concern is that there was no bidding process for awarding that contract. Interestingly, it was these very same practices for which the town was criticized in 2011, in an audit conducted by the NY State Comptroller. The Comptrollers office reviewed the town’s purchasing processes, to determine whether or not the town used competitive processes to procure goods and services. Its findings noted that the town did not use competitive methods for procuring goods and services FY2011 for purchases totaling $91,113, which was in violation of the Town’s own policies. The town also had not sought completion when engaging 10 professional service providers at a cost of $326,323, nor had they entered into formal contracts with nine of the providers. While the town’s policy doesn’t require bidding for services, the NY State Comptroller’s office stated that without competition or written contracts, “officials cannot be assured that Town funds were used in the most efficient and economical manner.” I ask myself if anything has changed. Certainly one area that I will ensure is put in place is proper procedure for procuring services and goods, through a cost-saving bidding process.

Finally, since the contract with A&M will eventually end, I will look to utilize freely available resources available to educate myself as a Town Council member in the best possible practices available for municipal financial management. The NY State office of the Comptroller provides technical assistance to the governance of towns that receive a designation on the Fiscal Stress Monitoring System and I think it worthwhile to take advantage of such programs. Additionally, to ensure ongoing financial guidance, I intend to seek out and leverage the input of the town residents who possess years of experience in the areas of finance and accounting as well as a passion for Tuxedo. Individuals’ willingness to volunteer their time and expertise to improve the town is a resource that should not be underutilized. With my experience in volunteer and committee management, I plan to harness this great resource to ensure a sustainable management of the town’s finances.

While one end of balancing a budget includes cost saving measures such as maintaining a proper accounting and budgeting protocol and competitive bidding processes, the other end is to earn more revenue. I have heard again and again that because the town is upwards of 75% parkland, there are no developable areas of Tuxedo. This is also not entirely accurate. While there is not a lot of commercial land available, there is some and much of it resides in the northern area of Tuxedo. I also want to point out that residential development is never tax positive because it require more in services than the developments pay in taxes. So building more houses will not solve our financial woes.

I also think it is important to note that the Town Council has as much control over who buys what land around the town as each of us has over who buys our neighbor’s house. However, what can be done, and what I plan to do, is work with the rest of the Town Council and other interested parties (such as the Chamber of Commerce) to put initiatives in place to attract business to the area. There are two things that have not been looked at: 1) a market study to determine what types of retail businesses do make sense for our population and the traffic flows through town and how to attract more people into these business and 2) the feasibility of attracting manufacturing businesses to the town. Manufacturing does not necessitate large scale sweat shops, but with the resurgence of interest in hand-made and artisan products, I believe there is potential to house within Tuxedo more small scale manufacturing businesses, which may also have a retail component. Tuxedo actually has quite a bit of available warehouse space in all parts of town and filling empty spaces is the most cost effective way to revitalize an area. The regional economic development council for the Mid-Hudson region as well as Start-up NY are two programs available to Tuxedo that could assist the town to revitalize. They just need to be approached.

Another area that can be addressed is the lack of a proper payment in lieu of taxes (PILOT) program. Other municipalities have these programs in place that set guidelines and suggestions or ‘good neighbor’ policies that strongly encourage tax-exempt organizations to make payments to the town to at least cover the costs of the services they use.

Finally, Tuxedo is not marketed at all. Consider the fact that there are over 8 million individuals less than an hour away surrounded by concrete and it doesn’t take a lot of imagination to find a way to encourage them to come and play in their backyard. There is a great potential untapped market and with some creative thinking, we can reintroduce the concept of local tourism.

Despite the current scare tactics you may have heard, Tuxedo is not in a dire situation. Tuxedo needs proper management of its funds, a more responsible process for awarding contracts (i.e. a request for proposal process) and some innovative thinking to attract tax-positive development to the town. These are all accomplishable goals, which - if elected - I will work tirelessly to fulfill.

Town Supervisor's Update

Hello Tuxedo,

I want to inform you on where we stand on several items, as we close out the third quarter and head into the final quarter of 2014. We are busy working on the 2015 budget, while navigating through the challenges of getting through 2014 with the available funds remaining in our account. Had it not been for the $1.5M negotiated payment from the Genting organization, we would have been forced to seek a tax anticipation note to bridge the shortfall in revenues versus expenses of approximately $1.7 million dollars. I have detailed the cause of the negative balance, below. Fortunately, the payment from Genting is guaranteed and not contingent upon the awarding of the casino license.

There has been much spirited discussion surrounding the board’s decision to expand the scope of work of our consultants, Alvarez and Marsal, to conduct a thorough review of the Town’s operations. The decision to sole source them the project was out of necessity and was only made after counsel vetted the decision as being lawful. They will review and benchmark our organizational structure, salaries, security, financials, policies, union contracts and our various processes.

They will build a financial model that looks forward to the future and reflects the changes we expect to see in our town with the development of Tuxedo Farms and the continued growth of non-tax paying entities, such as the WatchTower Group. This project will be funded from the $1.5M we received from Genting, at no cost to the tax payers. The information we gain from this process will prove invaluable for this board, as well as future boards, since we will have a sound financial plan and foundation to build on.

The town board has recently outsourced the handling of the town’s payroll and installed security cameras at several facilities to safeguard town property. This is the first step in a process to improve controls and to meet State audit requirements.

The State Comptroller’s office is finishing its review of the town, and will be sharing their findings with the board members before publishing the report. This should take place within the next 30-days. Additionally, for the second straight year Tuxedo has been placed on the State Comptroller’s list of municipalities that are susceptible to fiscal stress. http://www.osc.state.ny.us/localgov/fiscalmonitoring/munis_stressed.htm

Our long term relationship with the independent town accountant has come to an end, as the board voted to bring in a fresh set of eyes to review our books. Ted Eglit has served the Town well over the past 17 years, but we feel it is time for a change. We wish Ted the best in his future endeavors.

We met with the operators of the mulch facility and that was followed by a board meeting to receive legal counsel. The lease was terminated due to their continued violations and fines that become the responsibility of the Town. There will be more meetings to come as we work on a strategy to manage down the material from our property.

Our final 2015 budget must be submitted by November 20th, and much work has been done already. Staying below the 2% tax cap will be challenging and difficult decisions will have to be made. All options are on the table as we look to cut costs and increase revenue.

I feel it is important to point out a series of facts: The town was thought to carry a positive fund balance of $950,000 into fiscal year 2014. In reality, not only did we not carry any reserves forward into 2014, but we also had to pay $750,000 of 2013 bills with 2014 revenue. When I took office on January 1st, I assumed a $1.7M cash shortfall.

Much has been made about the Annual Update Document, http://www.tuxedogov.org/news/2013annualupdatedocument
that is filed with the State Comptroller’s office each year, stating we had a negative fund balance to close the year. People have asked, “Where is the money?” The fact is that we never had the money. Just two weeks after submitting the final 2014 budget stating that we would carry nearly $1 million into 2014, our bank account was empty because the 2013 budget over estimated our tax revenue and under estimated our costs. That is a lethal combination when it comes to a town or family budget.

The link below will take you to our budget web page. http://www.tuxedogov.org/departments/budget

I invite to you to become familiar with the many expenses that the town must cover, and hope you will understand the difficult planning that must be undertaken and hard choices that lie ahead. Since nearly 80% of Tuxedo is protected parkland, we do not have a lot options for raising revenues beyond our property tax rolls. I also welcome your suggestions in dealing with our fiscal situation.

The problems are real but, together with the town board, we will find lasting solutions to move Tuxedo on a firm financial footing.

Michael Rost
Supervisor-Town of Tuxedo

Meet The Candidates For Town Board

One Tuesday, November 3 voters in the Town of Tuxedo will head to the polls and elect a member to the Town Council. This year two candidates, incumbent David McMillen and newcomer Kristy Apostolides will vie for one available seat. In an effort to help residents get a better idea of who these candidates are, why they have chosen to run and what their priorities will be if elected, TPFYI presented both Candidates with the following questionnaire. Below, please find their unedited responses in the order they were received.

Candidate:	Kristen “Kristy” Apostolides
Vocation:	Work from home mom/occasional Consultant for Sustainable Agriculture Education.
Years of Residency in the Town	1987-1995 and 2011-present
Government Experience	As a community organizer for Just Food in NYC, I worked often with public officials in order to promote and gain support for community programs locally and city-wide. Just Food also played a role in lobbying efforts to improve the situation for local farmers, for example increasing access to funding for research, supporting new farmer development programs, or supporting local food marketing initiatives like farmers’ markets. I have successfully written federal and state grants and ran an Americorps*VISTA program (which is like a domestic Peace Corps) for 4 years. I was also an employee of the Ministry of Agriculture in Greece (through the Mediterranean Agronomic Institute of Chania) for two years while coordinating an international program that developed curricula in organic agriculture for immigrants.
Volunteer Work in the Town of Tuxedo	President, Northern Tuxedo Residents Association. Volunteer with Sterling Forest Partnership.
Why are You running for Town Council?	To bring some creative thinking to the town council for the purposes of business development opportunities and addressing the current budget shortfall in a way that is neither short-sighted nor exploitative. My track record of program development in a non-profit setting (where you have to consider a bottom line that is not only financially focused) and my grant writing experience will benefit the town by opening up previously ignored sources of revenue, wisely using resources in the town, and supporting current efforts to incorporate process and efficiencies in order to build a solid foundation on which to Progress Tuxedo. To diversify the town council, in gender, political affiliation, professional and life experience, and geographic representation. To unify the town by implementing a system that enables a dialogue between the differing communities of the town so that the very localized, neighborhood-based issues can be widely understood and addressed as a cohesive unit with solutions that are representative of all townspeople.
What attributes will You bring to the Town Government?	I am trained in the sciences, so I am thorough and methodical in my research and decision making. I was a community organizer for four years in diverse settings in NYC, and have honed an understanding of how to gather community input and develop programming around the needs of the community. As a program manager, I had to raise funds, develop budgets, manage and report on these funds, spend only within the means of the organization, and ensure that the needs of the organization membership, financial stability, and growth were all met for the short and long term health of the organization. As an individual who was raised in Tuxedo, who returned here to raise her own family, and who has immediate family (and long-standing and new friendships) that bookend the town, I am aware of and concerned with issues that are faced by all communities within Tuxedo.
What are the three most important issues currently facing the Town?	The current budget shortfall and how this can be creatively addressed in a non-exploitative manner and in a way that involves long-term thinking. The lack of communication between the differing communities in Tuxedo that has resulted in each community feeling betrayed, ignored, or unappreciated by the others in town. A dialogue needs to be nurtured between Tuxedo’s communities that increases understanding among residents enabling the town’s issues to be addressed with a sense of solidarity as townspeople. The development pressure that the town is experiencing due to the recent acquisition and construction of the Watchtower Building, the construction of Tuxedo Farms, the potential construction of the Sterling Forest Resort casino. This development pressure will only increase as time moves forward and needs to be addressed and reviewed with a critical eye for how it will affect the community from a holistic standpoint: meeting environmental social, and financial needs.

Candidate:

David McMillen

Vocation:

Principal Threat Intelligence Analyst at IBM

Years of Residency in the Town

Government Experience

Tuxedo Planning Board member 2012 – 2014

Volunteer Work in the Town of Tuxedo

I assisted the residents of East Village with clean up and recovery for a 2 week period directly following Hurricane Irene literally going house to house. I setup and ran a hurricane relief benefit in order to collect money to assist those affected residents. I also work with the YMCA Strong Kids Campaign which is run by a Tuxedo resident. I continue to work to collect and provide food for the local food pantry on a bi-weekly basis. I also have participated in many Pets Alive fund drives and functions and assist with placement of pets in need here in our town. I participate each year with coat/backpack/food drives to assist those in need here in our area. I also provide free access to my music studio in Tuxedo to youths and individuals wishing to further their musical experience with both performance and sound engineering/recording components. I donate half of all the proceeds I receive through the sales of my music to the Fender Music Foundation which provides instruments to school music classrooms, after school programs and music therapy programs.

Why are You running for Town Council?

Since moving to Tuxedo 14 years ago, I have noticed that each year the town has struggled to keep up with the changes around them. Because of this, I decided I would like to get involved in town politics to help move Tuxedo towards a brighter future. I applied for a Planning Board position in 2012 and was appointed.On this Board, I worked with citizens and town officials in the area of land planning development and environmental stewardship. When a seat was vacated on the town board in January 2014, I decided that I could make a significant contribution and applied for the role. I was selected and appointed in Feb 2014.

I have worked extremely hard to help the new Supervisor Michael Rost reconcile the financial condition of the town and promote a fully open and transparent government. I would like to finish the remainder of the term I was appointed to in order to continue to implement more stringent accounting controls and policies. I am currently working on identifying other revenue streams that would allow us to stay solvent and protect Tuxedo’s future.I want to promote tourism and business expansion. I am fully in support of terminating the mulch pile lease and will vote accordingly. Sustainment of Tuxedo requires the ability to seek out new ideas that could be outside the realm of what is considered ordinary and no idea should be trivially discarded without a fully responsible feasibility examination.

What attributes will You bring to the Town Government?

Honesty, ethics and commitment. I am a part time town employee working with full time interests. Since I work from home, I have much more available time to spend at town hall than most and I am there frequently. I will always make myself available to residents in order to address their concerns and assist them to find remedy.

What are the three most important issues currently facing the Town?

Loss of property tax rateables due to tax negative entities which is growing at an alarming rate along with limited available property to develop.

The looming threat of a major tax increase as our expenses continue to exceed our income.

Shuttered and unoccupied business facilities with no “draw” potential. These businesses include retail, office and manufacturing.

Agenda for Town Board Meeting - Executive Session Only - October 15 2014

Call to Order
Pledge of Allegiance

1. Executive Session to Receive Advice of Counsel Regarding Sterling Forest Resort/Casino

Adjournment

Agenda for Town Board Meeting October 14, 2014

Call to Order
Pledge of Allegiance

1. Review and Approval of Vouchers
2. Executive Session to Receive Advice of Counsel Regarding Perfect Cut Tree Service

Adjournment

Town In Financial Stress

Each year, the office of State Comptroller Thomas D. DiNapoli, issues a financial scorecard on municipalities in the State. The report lists municipalities which are in “Significant Stress,” Moderate Stress,” as well as those which are “Susceptible to Financial Stress.”
The figures on which the designations are predicated are taken from the previous year.

This year, the Town of Tuxedo is listed in the “Susceptible to Financial Stress,” list with the figures being from 12/31/14 and before. Last year, Tuxedo was listed as being in “Moderate Stress.”

The complete list can be viewed at: http://www.osc.state.ny.us/localgov/fiscalmonitoring/pdf/municipalities_stress2013.pdf

Town Board Meeting September 22, 2014

The Town board met on Monday, September 22, 2014 at 7:30 pm. All members were present.

Town Supervisor/Town Board Update:
Supervisor Rost began his report by saying that the Board expects the Draft Environmental Impact Statement (DEIS) for the casino project to be submitted to them sometime next month. Under SEQRA, after it is submitted and declared procedurally complete by the Board, it will be made public and thus available for review and comment. During the comment period, there will be both an informational meeting and a formal public hearing.

The Supervisor is working on the budget. The preliminary budget will be turned into the Town Clerk by September 30th

Last week, Supervisor Rost met with the Comptroller’s office. The auditor will be meeting with all the Town Board members individually before making his report final.

Also last week, the Supervisor and Councilman McMillen met with Perfect Cut and their legal advisor. The Board will enter into an Executive Session after the meeting to receive advice from their legal counsel on this matter.

Resolutions:
The following resolutions were passed:

a Resolution to authorize agreement to perform snow and ice control on county Roads. This is the annual agreement between the Town and County for the Town to perform snow and ice removal on County Roads 84 and 72. The Town is paid $44,603 for this service.
a Resolution to Authorize Contract with PayServ Payroll Service – this was passed 4-1 with Councilman Loncar voting no***
a Resolution to Adopt Updated Workplace Violence Protection Program – this is required by New York State
a Resolution authorizing agreement and special permit for the Forest of Fear for 2014 season. – this annual event will take place on Fridays Saturdays and Sundays October 3 – October 26, 2014.
a Reminder that Family Fun Day will take place on October 4th at Murphy Field

***It was explained that, in accordance with the Town’s procurement policy, 3 quotes had been solicited and received. These were from Paychex, ADP and Payserv. Payserv had the low bid and so they are being accepted. Councilman Loncar wondered if anyone had interviewed the three companies. He was told yes, the Supervisor had interviewed 2 of the companies and Bookkeeper Brian Sullivan had interviewed the other one. Councilman Loncar then wanted to know why the Board hadn’t been asked to interview them? The Supervisor responded that since the Councilman had known this item was on the agenda, he should have raised his concern before the meeting. Councilman Loncar then went on to express his dismay that the Town was “in the hole,” and, in his opinion, they were doing nothing to decrease spending. Instead, they were spending “another $15,000 that we don’t have.” He also stated that they had spent $100,000 on a consultant he feels they don’t need at all and they had changed the insurance “on the sneak.” It was pointed out to the Councilman that the insurance had been cancelled and that the Councilman knew this. At this point, an audience member called out “where were you when Mr. Dolan was screwing all this up? While it was going on you sat there and said nothing. Now things are going in the right direction and you are speaking up.” The Councilman wondered how things were going in the right direction as all he saw was the Board spending more money that they didn’t have and putting the Town into a deeper hole. Bringing the discussion back to the resolution, the Supervisor said that the Councilman might feel differently after he had met with the Comptroller.

Public Comments:

Sue Scher of the Sterling Forest Partnership presented a petition with 386 signatures asking the Town Board to rescind their resolution of support for the Sterling Forest Resort casino. (To read the full text of the letter accompanying the signatures, click here)

Janet Galuska asked for a progress report on her fire hydrant, which isn’t working and needs to be replaced. Additionally, she pointed out that the hydrant at the intersection of Nursery Rd and Augusta Place needs to be replaced as it was knocked out by a snowplow and is no longer working. She was told that the hydrants are being worked on. A resident of Augusta Place asked that the hydrant at the end of that road be looked at as well.

Andy Berish asked if the Supervisor could tell him about Genting’s event held the previous Saturday evening at the Ren Faire.

Supervisor Rost responded that while he had attended the event, he had done so mostly to listen to what both Genting and the people who were present had to say and he was not going to give a report or “speak for Genting.”

Kristy Apostolides stated that while she had not attended the event, she had heard that Genting Executive Colin Au had made the claim that if the Town of Tuxedo was agreeable, no Tuxedo residents would have to pay property or school taxes. She wondered Supervisor Rost could clarify that statement.

The Supervisor responded that he could not clarify this statement and suggested that Ms. Apostolides should reach out to Mr. Au for clarification.

Sue Papke wondered why Genting was in Newburgh doing a career forum instead of doing one in Tuxedo? She also expressed concern about the prospect of Genting doing any “employee housing,” in the Town of Tuxedo. She was told there was no land available for this in Town.

Michele Lindsay remarked that at one of the public meetings, Town Planner Bonnie Franson had mentioned there was property available at the Red Apple Rest. She wondered if using that property for housing was in Genting’s plan?
Supervisor Rost said he had not heard anything about any employee housing in the Town.

Kristy Apostolides stated that Genting has an option to buy the Red Apple Rest, which they plan to possibly use for parking.

Kiki Nelson gave each Board member a copy of an article from the Business Times, which addresses Genting. (to read the article, click here)

Considering the PIPC’s decision to deny access to Park land as well as permission to use County Road 106, Michele Lindsay wondered where the casino project stood.

Supervisor Rost responded that the Town Board had been clear from the beginning that without the exit, the project would not move forward.

Kiki Nelson stated that she understood that there were several things that the Board had agreed to do in order to get $1.5 million from Genting. She wondered if those things had been done as yet and what was the status of the money.

Supervisor Rost replied that the $1.5 million was being moved into an escrow account the next day (9/23) and that there was still some legal language to be worked out.

Kristy Apostolides said that at a recent Planning Board meeting, it was stated that the DEIS would be available soon and she wondered if the Supervisor had any further information about it.

Supervisor Rost reiterated that he expected to receive the DEIS sometime during the next month

Uli Pendl wanted details about the “legal language” and the money for the escrow account. Attorney Alyse Terhune responded that this is being worked out between the Town’s attorneys and Genting.

Andy Berish stated that the streetlights where he lives are still not coming on until after 10 pm. He was told that both the Police Department and O&R were working on this. Councilman McMillen pledged to personally make sure this was taken care of.

Chief Welsh announced that Sunday, October 5is Apple Fest in Warwick with 30,000 people expected. He anticipates a lot of traffic on that day.

The meeting was adjourned into Executive Session to receive legal counsel.

Agenda for Town Board Meeting September 22, 2014

Call to Order
Pledge of Allegiance

Minutes
Monthly Reports
Town Supervisor/Town Board Update

Public Comments on Agenda Items

Agenda Items:
I. Resolution to Authorize Agreement to Perform Snow and Ice Control on County Roads
2. Resolution to Authorize Contract with PayServ Payroll Service
3. Resolution to Adopt Updated Workplace Violence Protection Program
4. Reminder of 131
h Annual Family Fun Day on October 4, 2014 at Murphy Field
5. Any other business as may come before the Board after this Agenda is posted

Public Comments
Budget Transfers
Vouchers

Adjournment

Town Board Meeting September 8, 2014

The Town Board met on Monday, September 8, 2014 at 7:30 pm. Councilmen McMillen and Phelps were absent.

Supervisor’s Update:

Supervisor Rost began his report by announcing that the Perfect Cut lease was still in the hands of the attorney and therefore he could not give any further details on the subject. He went on to divulge that Town Consultants A&M would be at Town Hall on Wednesday, September 10. They will be focusing on internal controls at this time.

The Supervisor announced that Genting would be making a presentation to the Gaming Commission on September 9 in Albany and the presentation for public comment would be held on September 23 in Poughkeepsie.

The bookkeeper has received the retirement benefit post employment certification so the Town now has everything they need to finish up the work on 2013. Work is ongoing on the 2015 budget and good progress is being made.

Over the last couple of years, complaints have come in about signs around Town. Consequently Building Inspector Dave Maikisch recently visited businesses in Town and asked them to remove any signs for which they did not have a permit. He also instructed businesses what they would have to do to bring their signs in compliance.

Councilman Matthews stated for the record that neither he nor his brother, Jake, had started the problem with signs. He further added that there were emails from 2012 which documented the complaints.

Reminders:

There is free Electronics Recycling available at Powerhouse Park through September 11th
The Annual Family Fun Day will be held on October 4th at Murphy Field

Public Comments:
Jim Hays stated that he wished to compliment the Board for their decision to close down the Perfect Cut operation. He added that in his opinion the business had not been good for the Town but he knew that the decision to close it had not been an easy one and he also knew that the follow up might be difficult so he thinks the Board deserves credit for this. This statement was met by applause from the audience.

Mr. Hays also complimented Councilman Matthews for his stand on the casino project. He added that he knew it wasn’t easy to be the only person with a dissenting opinion on a Board, but he felt it was also healthy as only rarely is there just one solution to a problem.
Diana Petrosky said she was present because she and her neighbor, Betty Ann Eberling had both received registered letters from Pilgrim Pipeline asking for permission to go through their properties. This was followed up just that day by a personal visit from a representative of the Pipeline Company who tried to persuade them to give this permission.

Supervisor Rost commented that the Town had not been contacted by the company and that he had shared this information with Town Attorney Nichol.

Mrs. Eberling added that she had received a letter and a brochure from the company stating that the Pipeline would start in Albany and go to Linden, NJ with either oil or gas. Because they had been refused permission from the Thruway and the Park to go through their property, they now want to come through Tuxedo. She feels they are “trying to come through the back door” by contacting residents before they talk to the Town. When the representatives visited her property earlier that day, she was not home and her husband was outside and, despite many “no trespassing” signs, the man came up the driveway, went right through her garage and left a note on her sunroom door. She called the company and stated that this was trespassing and asked them not to come back on her property, but she asked the Board to address the situation quickly.
Supervisor Rost agreed to do so.

Sue Papke said she had a few things she wanted to state for the record: 1-in Tuxedo Farms, she has noticed that the first half of the first phase is “over 55 housing,” with a starting price point of $450,000. This concerns her because she thinks it is way too expensive and also because she feels we need to generate schoolchildren for the schools which this will obviously not do. 2- Mrs. Papke wanted to know when home sales would start? 3-for Sterling Forest Resort, she wanted to know: a-Why would the Town allow a 10 story parking garage which was higher than the resort building itself? b-Since the Resort is a “work in progress,” does the Town have the ability to go back to 500 rooms with 4 million visitors a year instead of 1000 rooms and 7 million visitors a year?

The Supervisor said he would check on this last question, but he believed that 1000 rooms was written into the Host Community Agreement.

Mrs. Papke then stated that she had heard both that the Resort would utilize the Tuxedo Train Station and also that they would build their own station. She urged the Board to put pressure on the developer to build their own station.

Supervisor Rost said he agreed with this.

Kim Kilgore expressed concerns about the water for the proposed Resort. With 1000 rooms and 7 million visitors a year, she wonders if the Indian Kill Reservoir has the capacity it will need. She hopes a thorough environmental review will be done on this subject.

Mrs. Kilgore also wonders where the employees for the casino will come from? Will there be a need to build more housing for them? She said she was curious if the Town had studied the developer’s business plan and wants to know how long the Board thought the “upfront money” would last for the Town? She sees a need for new fire equipment and a new building to house it as well as a new police department and additional personnel. She wonders if anyone has done an analysis of these things.
The Supervisor assured her that this analysis was, in fact, being done.

Finally, she expressed her concern about noise from the casino—especially from concerts held at the outdoor amphitheatre.

Supervisor Rost reassured her that studies were also being done on both sound and light generated by the resort.

Sue Papke wondered what the methodology was for studying the sound and the light? How would anyone know what it would look like until the resort is built and generating both?

She was told that baseline studies were being made of what exists now and that those figures would be plugged into a computer model which will then generate what the additional impacts will be.

Jimmy Mottola asked for clarification about who can have signs in Town. He wondered if the same rules apply to everyone. He was told that there was a process to be followed and that everyone had to apply for the same permit annually. Town Attorney Nichol explained that essentially one has to show what the sign will look like and where it will be placed as well as how long it plans to be there and then the Town Board votes on it. Mr. Mottola wondered about the Farmers Market and Chamber signs which he claimed had been up for 2 years, but he was told that they received permission annually and that the signs did come down for a period each year.

Michele Lindsay stated that she had been part of an organized group that had gone to view the balloons in the recent test for the Resort Casino and wondered who would be checking the results of that test? Who else was out looking to see if the balloons were visible?

Councilman Matthews replied that he had gone out and looked. He was only able to see balloons from one position.

Supervisor Rost commented that the Board hadn’t had any results as yet, but he would call the consultants and ask about their process.

Kim Kilgore asked if the consultants would be looking at the Ramapo fault line?

The Supervisor told her he would find out for her.

Town Attorney Nichol stated that the Final Scope of what needed to be reviewed was on the Town website so Mrs. Kilgore could also check that to see if it were included.

Ulrich Pendl asked why the Town had not granted the request, made by the Board of Trustees to put stations in to hear the noise and see the light from the Park? He further stated that the SEQRA process for Tuxedo Farms had taken 10 years. He wanted to know how the Town thought they could do an environmental review on an equally sensitive area in just 4 months?

Town Attorney Nichol responded that the State has made the time period a requirement. In order to meet the State’s deadline, the applicant is paying for many different consultants to do the work for the Town.

Mr. Pendl then asked if the Town wasn’t worried about the fact that the applicant was paying for the studies being done.

It was explained to him that all applicants paid for the reviews necessary for a project.

Kristy Apostolides pointed out that “things are different at different times of the year,” and urged the Board to make sure that tests were done seasonally in order to address this.

She was assured that this would be done.

Ms. Apostolides further commented that she had been following some of the other applications and checking their websites and said she felt that this Board was doing the best job of all at getting the information out to the public as quickly as possible.

Jake Matthews said that he had been talking about signs and asking the Town Board to do something about them for at least 2 years. He stated that one of his concerns and thus reason for bringing the issue up was safety as many of these signs obstruct one’s view when attempting to pull out into Route 17.

Mr. Matthews also wanted to know if it would be possible to have the Town’s consultants come to meetings to report to and answer questions from residents.

Supervisor Rost replied that there was discussion about having just such a meeting sometime in October.

Betty Ann Eberling stated that the SEQRA process for Tuxedo Farms had not, in fact, taken 10 years but rather 35 years. She remarked that people had been “rebelling against growth in the Town” for 35 years and, at the same time, the Town was in the process of losing the school, the Catholic church could be closing and the population was dropping. She blames 35 years of no growth for where we are today.

Mrs. Eberling also commented that the sign laws had been redone, but she felt they needed to addressed again to make sure they weren’t too restrictive on the businesses in Town.

Sue Papke expressed her opinion that the Town needs a “business development” committee as there is no way a “part time Board,” can handle that on top of everything else they have to do.

Nick Balistreri wondered what would happen if Tuxedo doesn’t get the casino? If it doesn’t happen, he feels, the Town will be “back to square one.” If Tuxedo does get the casino, he wanted to know what the Town do with the $50 million? He feels they should pay off all debts. He fears that the casino could end up being just a shot in the arm for a Town in decline.

Sue Papke described visiting the Turtleback Zoo in West Orange, NJ the day before and said she felt something like that would be fabulous here.

There was some discussion about what would happen to the property if Genting didn’t get the casino license. It was pointed out that Genting has a contract to buy the property but no one knew if, in fact, they had already purchased it or not.

Kim Kilgore wanted to know if it were true that helicopters and seaplanes would be flying people over the Town of Tuxedo to Greenwood Lake.

The Supervisor stated that they would not be flying over Tuxedo should Genting bring any seaplanes in at all. He then further remarked that a lot of what was being asked and discussed had already been covered more than once in the various public comment meetings that had been held.

Police Chief Welsh stated that September and October were traditionally the months when New York State doles out grants. He then announced that the Police Department would be receiving over $40,000 in grants in different areas including ballistic vests for React Team members, remote hand held radar units, security cameras for various places in Town and money for enforcement of aggressive driving, talking on cellphones and texting as well as driving while intoxicated. They have also received a grant to cover special security for the train station on September 11.

Jake Matthews urged the Board to make sure that residents would not lose commuter parking spaces to anything or anyone casino based.

It was pointed out that this was part of the scoping document and the Supervisor stated that he did not want to see anyone lose their parking spot. He then added that Mr. Matthews should be pleased because the Town Code is now online and can be accessed from the Town’s website.

A motion was made to sign the vouchers and then the meeting was adjourned.

Agenda For Town Board Vouchers Only Meeting August 25, 2014

Call to Order
Pledge of Allegiance

Minutes
Monthly Reports
Public Comments on Agenda Items

1. Town Supervisor/Town Board Update
2. Reminder of Free Electronics Recycling Program through September 11, 2014 at Powerhouse Park
3. Reminder of 13th Annual Family Fun Day on October 4, 2014 at Murphy Field
4. Any other business as may come before the Board after this Agenda is posted

Public Comments
Budget Transfers
Vouchers

Adjournment

Notice of Supplemental Balloon Testing Friday August 22

NOTICE IS HEREBY GIVEN OF A SUPPLEMENTAL BALLOON TEST to be conducted by Lanc & Tully Engineering and Surveying, PC on Friday, August 22, 2014 for eight (8) consecutive hours between 7:00 a.m. to 4:00 p.m. Rain and/or wind date (wind over 10mph) will be August 25, 2014. The balloon test will be held on the property listed as Section 1 Block 1 Lot 52.25 on Town of Tuxedo Tax Maps, located on Route 17A in Tuxedo, NY.

The balloon test is intended to approximate the maximum height of the proposed Sterling Forest Resort, for purposes of determining from what vantage points the resort would be potentially visible. This is a supplemental test to evaluate additional balloon locations and heights. Four balloons will be used and the heights for each were established in consultation with the Town of Tuxedo Architectural Review Board.

Town Board Meeting August 18, 2014

The Town Board held a Special Meeting on August 18, 2014 at 7:30 pm. All members were present.

Supervisor Rost opened the meeting with a statement on the purpose of the meeting, which was called to consider the Final Scoping Document for the proposed Sterling Forest Resort/Casino. He added that this document had been posted on the Town website the previous Friday and that it was more expansive than the original “draft” Scoping Document. This was due in large part to the contributions from the public. He thanked everyone for having contributed. He then stated that the Town’s consultants, who compiled the document after listening to all the public comments and reviewing the written ones would be giving a report. He ended his introduction by reminding everyone that this was a meeting for the Board and that no public comment would be taken. He added that once the Final Scoping Document had been accepted, it would serve as a road map for the Draft Environmental Impact Statement (DEIS) to be prepared by the applicant. Once the DEIS is submitted, there would be more opportunities, including a public hearing, for the public to weigh in on the project.

The meeting was then turned over to Town Planner Bonnie Franson who gave an overview of what has transpired since receiving the comments on the Draft Scoping Document. Comments, including transcripts from the public scoping session as well as all written submissions were forwarded to all the consultants for study. These included the consultants for legal, fiscal, traffic, noise, ecology, air and engineering. All consultants received all the comments not just the ones covered by their area of expertise. The scope was then amended based on these comments. The applicant has also been revising the project based on the comments. Some examples of this are: mountain biking is no longer included, the wetlands impact has been reduced and the water reclamation facility has been moved from the front to the rear of the project. Also, the consultants have asked the applicant to consider impacts to the adjoining Parkland. Additionally, more noise monitoring locations have been added in the Village as well as in the northern segment of Town. (Alma Court, Susan Court, Long Meadow Road). In terms of traffic, the intersections of Long Meadow Rd (CR84) and Sterling Mine Rd (CR72) and Route 17 and Tuxedo Road have been added to the list for study. There were concerns voiced both by the public and the Town Board that if Exit 15B is tolled, people may not use it and choose instead to use Route 17. That issue has also been referenced in the Scoping Document. Some of the additions to the scope came in the form of clarifications. For example, under the ecology section specific bird species have been named and now include all those brought up by the public. Under Service Waters, Warwick Brook and the Ramapo River have been named specifically. In terms of water supply, the applicant has been asked to address whether or not WeeWah Lake, which supplies the Village with water will be impacted.

In any and all of their evaluations, the applicant has been asked to look at the worst-case scenario.

Ms. Franson also announced that one change that has already been made is that the height of the spires on the building have been lowered from 218 feet to 174 feet.

In terms of considering the “worst case scenario,” Supervisor Rost asked how will those scenarios be recreated for analysis?
Ms. Franson responded that a lot of this would be done with modeling. For example, when considering noise, having no leaves on the trees could mean that more noise would be heard, so when analyzing the noise, they will have to consider that the leaves are off the trees. Another example might be if one thinks that the absolute worst the traffic might get would be on a weekend day during Apple Fest. Thus, the traffic will have to be studied at that time. In terms of traffic, other time periods will also be studied but the applicant will be required to analyze what happens when casino traffic gets added to that generated during the day of Apple Fest.

Councilman Matthews had a list of questions:
1-Is the building going to be “prefab” in order to make the deadline imposed by the State? Ms. Franson replied that as she recalled, parts of the building might be prefab. Consultant Gail Suchman added that in addition to being included in the DEIS, this subject would be part of the studies done by the Architectural Review Board as well as the Planning Board and the Town Board. Genting Executive Christian Goode also responded saying that there were certain aspects of the project such as HVAC ducts that might be prefab, but the actual building would not be.

2-In the introductory paragraph, mitigation measures are mentioned “including available alternatives.” Councilman Matthews asked for an explanation of this. Ms. Franson responded mitigation measures were methods where the applicant could reduce the impact. For example, to mitigate lighting, they might change the height of the lights, they could change the hours of operation or they might change the number of lights. Reasonable alternatives means that some of the measures are alternatives to what has been proposed. As far as the scope is concerned, 3 alternatives are required to be considered: no action, no build and as of right. Ms. Suchman added that there might be multiple mitigations available and the Board will determine which one is most protective of the environment and is also practical. Councilman Matthews asked “so the Board will determine which mitigation will happen?” Ms. Suchman responded that the DEIS would include feasibility studies of the different mitigations and would probably recommend which one should be chosen. However, the Board might find other mitigations and ultimately they will decide what happens. Ms. Franson added that DEIS would go to all the involved agencies and some of them will have opinions on how something should be mitigated.

3-The document mentions a “year-round seven days a week” operation. Councilman Matthews wondered if that meant operation would be 24 hours a day, and if so if that was within the law or would it need to be included in a Special Permit? Town Attorney Alyse McCathern replied that the Town Code is presently silent on this subject. There are certain noise limitations, but nothing says that a business can’t operate 24 hours a day. Town Planner Franson added that there might be certain activities that the Board would want to limit to certain hours (example: garbage should not be picked up at 2 am) as a mitigation. Councilman Matthews then wanted to know if at some point the applicant would have to list which parts of the operation would run 24/7. Ms. Franson responded yes, that would be part of the description of the project. Several Board members and audience members then mentioned that there were already businesses in Town that operated 24/7 such as the Tuxedo Motel and Valero.

4-Under “Community Character,” will the various impacts be analyzed only as they apply to the neighborhoods immediately surrounding the project or as they apply to the whole Town? Town Planner Franson stated that there were two levels of study that would be done. One is the detailed study, which applies to the neighborhoods around the project and then the expanded study, which will include parts of the whole Town.

Councilman Matthews then wanted to know why the East Village wasn’t mentioned as one of the specific neighborhoods. This is important to him because the Thruway runs through the East Village and he is very concerned about the noise impact of added traffic on that road. Ms. Franson responded that the document references the entire Town so the East Village will definitely be looked at.

5-Councilman Matthews asked for an explanation of the study of Sunday traffic.

Town Planner Franson replied that usually traffic analysis looks at effects on interchanges themselves. However, there was a comment made about traffic buildup between Exits 15 and 16 particularly in the summer but also in the ski season and at certain other times. The consultants want the applicant to take this into consideration and make it a part of their analysis. Changing the language on this section to reflect that this should be a seasonal study and not just in the summer was discussed.

6-On the subject of shuttle busses, Councilman Matthews wanted to make sure that the applicant studied how the busses would maneuver around the Tuxedo Square parking lot if they were going to be using that as a pick up spot. He also expressed concern about busses and/or jitneys in the train station parking lot, noting that when traffic on Route 17 is heavy, people who live in the East Village need to use that lot in order to get out. Therefore, it would be important that the lot not be blocked by a line of busses or jitneys. As far as the vehicles themselves go, he would prefer to see them use electric busses, expressing concern about a line of diesel busses just waiting for passengers and polluting the air as they did so. It was agreed to add those to the document.

7- Councilman Matthews next wondered why there were 3 sites to evaluate the impact of noise on the Village of Tuxedo Park and only one site in the East Village for noise evaluation? Ms. Franson responded that the Village had asked for noise evaluation as none had been scheduled to be done. Similarly, some people in the Northern part of Town asked for additional sites for noise tests and a few were added there as well. She noted that it was included in the document to study the impact of the noise of added traffic on the East Village and wondered if Councilman Matthews thought they needed another site there as well? He replied he thought they should add a site to make sure they covered the worse case scenario. It was agreed that this would be done.

8-Referencing the Air Quality testing, Councilman Matthews noted that the document says that a “Carbon Monoxide Categorical Hot-Spot finding tool” would be use to do a screening analysis for CO and that these would be done at signalized intersections. He wondered why signalized intersections. Environmental Consultant Gail Suchman replied that screening was done there because people stop and idle their cars at signalized intersections and this produces more carbon monoxide. Councilman Matthews continued that the document also said that the tool would be used to determine if increased traffic on the Thruway would impact the East Village’s air quality and he wondered if that were the proper tool to use for that test. Ms. Suchman explained that the tool would be used for the signalized intersections but that the DOT’s procedures manual would specify other tools to used for the Thruway test.

9-Under Community Services, it discusses property values. Councilman Matthews wondered if the property values would be studied just within a two-mile radius of the project or throughout Town? Environmental Consultant Gail Suchman responded that studying the property values in the neighborhoods immediately surrounding the resort/casino would be an indicator. If problems were found there, further studies in the rest of the Town would be done. Councilman Matthews felt that the Hamlet and the East Village should be added to the initial studies as they are getting a huge impact from the increased traffic. The consultants felt they could add a sentence clarifying the tests and identifying the neighborhoods closest to the project as indicators as to whether or not a problem would exist in the rest of Town.

Councilman Matthews added that which direction the construction supplies came from would influence the impact of traffic and he wanted to make sure that was considered.

10-Councilman Matthews stated that he wanted to make sure that the East Village portion of the New York State Thruway would not be used as a staging ground for the construction of Interchange 15B. It was explained to the Councilman that the scope for that project would be handled by the NYS Thruway. The Town doesn’t have any authority over what they will or will not do. They will hold their own environmental review. However, Ms. Suchman felt something could be added to the cumulative impact analysis, which might address this.

Councilman McMillan inquired what had happened to the possibility of adding a train station at CR 106 since this would eliminate all problems with jitneys and busses from the Tuxedo Station and Tuxedo Square.

Christian Goode replied that they would still like to do that.

Councilman McMillan stated that since no one wanted to impede traffic coming and going from Greenwood Lake during the construction phase, he would feel more comfortable with a dedicated traffic lane for construction vehicles on 17A.

Town Planner Franson responded that they could add that as something to be studied under construction impacts.

Councilman Matthews then had a couple more questions:
1-He has noticed that has been no discussion of widening the bridges over the Thruway, the Ramapo and the Train tracks. Currently, these bridges are two lanes: one Eastbound and one Westbound. He feels this could cause a terrible traffic bottleneck.
Town Planner Franson said that this would be covered in the analysis of the proposed intersection.

2-Councilman Matthews said he had seen no study of financials mentioned in the document. Specifically, he wanted to know about the possible impact of two casinos being built in northern New Jersey.

Gail Suchman replied that Town Consultant A&M would be doing an independent fiscal analysis of the project.

Supervisor Rost interjected that what people had been concerned about at the Scoping Session and what he thought would have been in this document was what would be the impact of the casino on the Town. And also what would be the impact on the Town if they didn’t get the casino?

Gail Suchman said that this was definitely included in the document as there were studies on the impacts on emergency services and benefits that would occur in terms of tax revenue. However, in terms of what would occur if casinos were built in other areas, A&M was working on this analysis.

Bonnie Franson added that a market feasibility study was to be added as an appendix to the DEIS and that this would cover many fiscal impacts.

3-Councilman Matthews stated that Christian Goode had written a letter requesting that certain financial information be kept confidential and Councilman Matthews feels very strongly that this should not be kept confidential.

Gail Suchman responded that the applicant had the legal right to request that certain things that were trade secrets or business impacts be kept confidential. They are allowed to do that under State law. The Town can evaluate that request, but the mechanism is there for them to make it.

Councilman Matthews stated that he felt that everything should be out in the open and transparent.

Ms. Suchman replied that the State Gaming Board had so far protected this information and said she didn’t know whether or not they would decide to disclose those when and if licenses were granted. She added that many businesses do the same thing and this is not so unusual. If the Board doesn’t feel they have enough information to make a decision on the project, they can ask for more information and they do not have to accept the DEIS as complete until they feel that have gotten answers.

Councilman McMillan wanted to know if the document was voted on and accepted as complete, and then one of them woke up at 2 am and had a “eureka moment” about something that had been missed, what could be done?

Ms. Suchman responded that while the document would be closed and the applicant had a right to have it finalized, if they found something before the DEIS comes out, they could always talk to them about it. If a question comes up as they read the DEIS, that is an indication that they should ask for more before declaring the DEIS complete.

Resolution to Adopt Final Scoping Document for Preparation of Draft Environmental Impact Statement – Proposed Sterling Forest Resort/Casino – subject to changes which were agreed on tonight.
The resolution was passed 5-0.

Special Town Board Meeting Monday, August 18

Dear Tuxedo Resident:

I’m pleased to report that the Final Scoping Document for the environmental review of the Sterling Forest Resort and Casino is now available and attached to this email
.
At a special meeting on Monday, August 18, 2014 at the Town Hall, the Town Board will consider the Final Scoping Document. This is our chance to hear from the professionals who redrafted the document in response to the extensive input we received from the public.

Please note that the special meeting is not a public hearing. Accordingly, the Town Board will not receive public comments on Monday night. We do, of course, look forward to your robust participation as we move forward with the environmental review.

Once a Final Scoping Document is adopted, the intensive work of studying the proposed project and its potential impacts can begin. The Final Scoping Document will serve as a roadmap during that process as the project applicant prepares a detailed, substantive and comprehensive draft environmental impact statement (DEIS). The DEIS will be subject to further scrutiny by the Town Board and the public, with opportunities for comment at a public hearing and/or in writing.

Thank you for your active participation in this important process. We will continue to update you throughout.

Sincerely,
Michael Rost
Supervisor Michael Rost

Call to Order
Pledge of Allegiance

1. Resolution to Adopt Final Scoping Document for Preparation of Draft Environmental Impact Statement - Proposed Sterling Forest Resort/Casino

Adjournment

Click Here to Download Scopting Document - page 1 - page 2

Town Board Meeting August 11, 2014

The Town Board met on Monday, August 11, 2014 at 7:30 pm. All members were present.

Supervisor Rost opened the meeting, welcoming all and thanking everyone for attending before he opened the floor to Public Comments on Agenda Items:

Councilman Loncar asked to make a statement. He then stated that at the last meeting, a presentation had been made regarding the proposed YMCA at Tuxedo Farms. According to Mr. Loncar, the next step was for the Board to meet with their attorneys which, he said, they did just before tonight’s meeting. Mr. Loncar then stated that he still did not feel comfortable with the subject and he feels he needs a little more time to do more homework before he can vote on the item, which was on the agenda for that evening’s meeting. Also speaking to Item #8 (resolution to authorize agreement with Paychex for Payroll Processing services) he wondered if the Town had spoken to more than one company about providing this service.

He was told that they had and he then wanted to know who the other companies were.

Deputy Supervisor Phelps replied that ADP was one of the other companies.

Councilman Loncar then stated that he didn’t feel comfortable about voting on that without seeing the data from all companies.
Moving on to Item # 9 (resolution to authorize agreement with Alvarez & Marsal for Special Project of advisory services including fiscal management, budget and internal controls best practices) he demanded to know what this would cost the Town.

Supervisor Rost remarked that Councilman Loncar knew exactly what it might cost the Town since it had been mentioned at the Executive Session, which preceded the meeting. The Supervisor added that he would address this subject in his Supervisor’s Update to which Councilman Loncar replied “why can’t you answer the question now?” Supervisor Rost replied “Why can’t you answer the question now?” Councilman Loncar then stated that the Supervisor wanted to hire a company “basically to do the Town Budget for $100,000” and he thinks this is outrageous. He feels that the Town Board has been elected to do the Town Budget and that’s what should happen. He further wondered if the Supervisor had gotten any additional quotes from other firms to do the work. Supervisor Rost replied that A&M had already been retained by the Town and he had merely changed their scope of work.

Kristy Apostolides asked if someone could elaborate on the agreement for levy of special assessments on Tuxedo Farms Property Owners for YMCA and Wastewater Treatment Plant. Attorney Howard Protter explained that this was a method of financing to provide certain of the special improvements that need to be made in furtherance of the special permit for Tuxedo Farms. Specifically, this would provide financing for the sewage treatment plant, the pump station closest to that plant and the line between those two facilities. He further explained that there is a separate proposal to finance the cost of a recreational facility. which will ultimately be leased to the YMCA to provide recreational services to a Park District to be created and made available to all residents of the Town to use. The funding mechanism involves using a Local Development Corporation, (LDC) which will be provided by Orange County. Orange County will thus have an agreement with a Transportation Corporation that will operate the Sewage Treatment Plant. It will also have a lease with the Town for the use of the property. Mr. Protter stated that “there are a series of interlocking agreements,” but essentially what will happen is that the properties within Tuxedo Farms will be assessed annually for principal and interest on the bonds used to pay for the construction of the sewage plant and the YMCA. The assessment will continue until the bonds are paid off.

Mary Yrizarry wondered who, exactly, would be paying off the bonds?

Mr. Protter responded that the owners of the property within the District (which in this case means within the Tuxedo Farms project) would pay.

Mrs. Yrizarry then stated that some residents in the Hamlet used the Wastewater Treatment Plant and Mr. Protter said that these residents were not being assessed for the building of the plant but would pay their share for the maintenance of the facility.

Councilman Matthews wondered if this agreement would affect the rate of the Hamlet Sewer District and Mr. Protter replied that this was hard to say. While the cost of construction will not affect the Hamlet at all, the operation and maintenance of the new plant will affect the Hamlet residents who reside in the Sewer District. Since this is going to be a “state of the art plant,” theoretically it shouldn’t be more expensive, but no one knows yet what the costs will be.

Claudia Baktiary asked for clarification as to how the District would work.

Andrew Dance of Related responded that the people who bought properties in Tuxedo Farms would be assessed a special tax to pay for the construction of these facilities. Owners of the smallest houses would pay $50 a month, Medium sized homeowners would pay $75-80 per month and the owners of the largest homes would pay $120 per month. These taxes would be comparable to dues in a HOA. (Homeowners Association). According to Mr. Dance, this will be an annual line item in the Town Budget and every year, the District will collect the assessments and pay them to the County (LDC) thereby insuring that there is no risk to the Town at all.

Kristy Apostolides asked if Mr. Dance could explain the role of the LDC in the financing.

Mr. Dance deferred to Town Attorney Howard Protter who explained that LDCs exist to reduce the burdens to local governments and to create economic development opportunities. The LDC will be set up so that it has the authority to issue tax-exempt bonds, just like a municipality.

Mary Graetzer said it was her recollection that the Town already had an LDC, which was set up when the original Special Permit was granted to Tuxedo Farms (or Tuxedo Reserve as it was then called). Deputy Supervisor Phelps confirmed that this was so and said that LDC still exists. The LCD currently under discussion however is a separate, new LDC, which will be set up with the County, not the Town, so that the Town doesn’t have any risk for the sewer plant or YMCA. The County is willing to accept the risk. Supervisor Rost, Deputy Supervisor Phelps and Planning Board Chairman Reardon are on the Board of the existing LDC. Councilman Phelps has expressed his desire to have someone “local” on the Board of the new LDC as well.

Jake Matthews wanted to know the cost of what is being financed. He also questioned the separation of costs for the sewer and the YMCA.

Andrew Dance replied that the total cost was about $20 million and it was split evenly with $10 million for the sewer plant and $10 million for the YMCA.

In a follow up question, Mr. Matthews asked if he would be able to see a plan for the roll out of these projects. Specifically, he wondered if a small amount of early buyers in Tuxedo Farms would be paying the lion’s share of the costs?

Mr. Dance replied that Related would be guaranteeing the bonds since they own the remaining lots.

Mr. Matthews then inquired if it would be possible for whoever owned the lots to declare bankruptcy and subsequently the taxes get spread among the whole Town to be paid?

Town Attorney Protter responded that if the Town issued a tax bill and it didn’t get paid, then the County would pay the bill and then take title of the property to sell it.

Councilman Loncar asked during what stage of construction the YMCA would be built.

Andrew Dance replied it would be built in the first phase. He added that in order to sell houses, Related needs to have amenities in place, which is why they are also building out the “Commons” in the first phase of construction.

Ulrich Pendl asked for further clarification about the proposed taxes. Specifically, he wanted to know who would pay those taxes. He was told that the homeowners who bought property in Tuxedo Farms would be the ones, and the only ones, to pay these taxes.

Councilman Matthews asked who would own the YMCA. The answer was the LDC would own it until the bonds are paid off and then it goes to either the Park District of the HOA (neither Town Attorney Protter or Mr. Dance was sure which one.)

Councilman Matthews then wanted to know what if the property or a whole batch of lots were to be sold to a group that was tax exempt. He was told no one was exempt from assessments.

Councilman Matthews further wanted to know what if Tuxedo Farms became it’s own Village?

Town Attorney Protter replied that they would still be liable for the assessments.

Councilman Matthews wondered whether they would be able to shut the people in the Hamlet out and prevent them from using the sewer?

Mr. Protter replied no, this could not happen as the Hamlet Sewer District would have an agreement, which would specifically preclude this.

Finally, Councilman Matthews stated that he had asked a question during the Executive Session but he wanted Mr. Protter to answer it in public as he knew there were people in the room who wanted to know the answer. The question was why was the plant to be located in it’s current spot and not on Tuxedo Farms property.

Mr. Protter responded that the present Sewer Treatment Plant being used by the Hamlet needs to be replaced. The DEC has placed a moratorium on new hookups. If the Town were to replace the plant, the costs could only go to the residents using the plant, i.e. the residents of the Hamlet and the costs would be prohibitive for that relatively small group. Since Tuxedo Farms needs to build a Sewage Treatment Plant in order to construct their project, it made sense to have them construct it on the site of the present Hamlet plant so that it could in turn be used by both the Hamlet residents and Tuxedo Farms.

Jake Matthews asked for a definition of “Park District” which was mentioned as one entity that could end up owning the YMCA (along with the HOA) He wondered what would prevent the HOA from voting, down the line, to exclude everyone who did not reside in Tuxedo Farms from using the YMCA?

Town Attorney Protter responded that the Town has a contract to provide recreational services to the residents in the development. Should they decide down the line to terminate that contract and get rid of the YMCA, they would have to enter into a contract with someone else to provide those services.

Patsy Wooters wanted to know how people paying taxes could create an entity (YMCA Recreational Center) that would then end up belonging to a private organization (Park District or HOA)?

Andrew Dance said that this was a good question and that he was not totally schooled in the details of this arrangement but that the property would end up being held by a non profit organization, which he thinks is probably the Park District. He added that the short answer to Ms. Wooter’s question is that whatever the answer is, it will be totally legal and appropriate.

Ellen Gluck inquired about the market studies that Related has done. She wondered if people were really available to pay for these homes plus the expensive amenities.

Andrew Dance replied that the homes would range in price from the high $400,000s for a Townhouse to approximately $1.5 million for the most expensive houses. He added that their market studies showed that these prices would hold up in today’s economy.

Mike Squillini asked if the current sewage treatment plant could be made a transfer station with the main plant located somewhere up on the Tuxedo Farms property? He is concerned with the odor coming from the plant which he feels will effect the residents of the Hamlet.

Andrew Dance responded that this would be a state of the art plant and he didn’t feel odor would be a problem. He added that under the Special Permit, Related is obligated to replace the present plant. Jake Matthews wanted to know if there was a business reason to couple the sewer plant and the YMCA together.

Andrew Dance said that Related was looking for ways to get the project started. They are obligated to build the Sewage Treatment Plant and they want to put in as many amenities as they can in order to attract buyers.

Councilman Matthews inquired who would be able to use the YMCA? Since it is being paid for by the LDC formed with Orange County, does that mean that people from all over Orange County will be able to come and use the Y?
Andrew Dance replied that it was meant to provide services for people who live in the community.

Mary Yrizarry wondered if Tuxedo becomes a casino town, will that affect how Related markets their project?

Andrew Dance stated that Related has not developed an opinion one way or the other on the casino.

Ulrich Pendl stated that he thought it was a great idea to hire a firm to provide advisory services including fiscal management, budget and Internal Controls best practices, but since there are many firms who provides these services, he feels the Town should get a few more quotes before hiring anyone.

Jake Matthews inquired if other lines of financing the Sewer Plant and the YMCA have been explored and if so why were they eliminated?

Andrew Dance replied that LDCs were being used to finance projects all over New York State.

Mr. Matthews referenced Councilman Loncar as having described this as the first use of an LDC in New York.

Mr. Dance added that it was the first use of it for a residential project but that they had been used for infrastructure projects all over the State.

Kristy Apostolides said she wanted to make sure that with the LDC financing, there was no risk to the Town—just to the investors. She was told that this is correct.

Presentation by Tuxedo Farms on Proposed Development Project Amendments:
Andrew Dance stated that Related had purchased two half acre lots, both located south of Tuxedo Motor Sports (in Rockland County) which they are adding to the development. They are not asking that this acreage be used to increase development size, just that it be added to help with grading of certain parcels. This requires a public hearing and a special permit amendment.

Related is also asking to move the Greeting Center for the Project from the old Applewood Kennels site to the Village Center. The Special Permit states that the Visitor Center will become Town property after 10 years with the stated purpose of the building to be for administrative office space near the population center of the development. If moved, this will still be the case and the Town will take possession of the building after 10 years. Relocation will be subject to Planning Board and Architectural Review Board reviews. Before voting on the amendments listed on the agenda, the Town will hold a workshop meeting with the Town Board, the Planning Board and their consultants along with representatives from Tuxedo Farms. This meeting has yet to be scheduled. In the meantime, the resolutions to 1-schedule a public hearing on proposed amendments to the Special Permit and 2-approve relocation of the Greeting Center have been tabled.

Resolution to Approve Agreement for Levy of Special Assessments on Tuxedo Farms Property Owners for YMCA and Wastewater Treatment Plant:
This resolution was passed 3-2 with Councilmen Loncar and Matthews voting no.

Town Supervisor/Town Board Update:
Supervisor Rost began his update by announcing that the Town’s legal counsel has issued a letter to Perfect Cut notifying them that their lease is being terminated. This was met by applause from the audience. The Supervisor further stated that the exit strategy was being worked on and the Board will begin working on future plans for the site.

With the increased workload on the Building Department, the Town is forced to adjust their staffing. In order to meet that workload, the Board is proposing to give Rachel Artrip some additional hours. This will be funded through fees collected by the Town.
In the past, the Town has researched automating the payroll. Currently, no one punches in, everything is handwritten and the Town is using forms that are at least 15 years old. Supervisor Rost wants to upgrade the system. Since the Town will be getting a $1.5 million gift from Genting, he wants to invest some of that money in the future of the Town and its people. The Supervisor also remarked that the Board will need to take a look at the State Comptroller’s Report when that comes out and then identify the gaps that exist and make action plans to close these gaps. Additionally, in the event that the Town does get the casino license, the Board needs to make sure that there is a foundation for the Town to move into the future. This is why he has asked A&M to come and take a look at how things are being done and then put together a “road map” for the Town. He further stated that the Board was responsible for the budget last year and the Town is short a million dollars.   He feels strongly that it is time for outside help and professional guidance.
The automated payroll will be able to generate reports. That program will be able to handle FMLA, disability, compensations, etc. The Board will ask for some additional quotes before selecting the company to handle this, but the Supervisor feels it is a “no brainer” to outsource it.

The current Insurance plan for the Town (covering the Highway Dept. and non Union Police) expires at the end of the month. Under Obamacare, it is no longer an option, so the Town needs to find a new plan. The Supervisor looked at several different plans and it is his opinion that it makes sense to have the whole Town covered by the same plan, which is what is being proposed.. There will be an additional cost for this of $72,000. However, currently the Town funds Healthcare Savings Accounts and a Healthcare Reimbursement Account. For that, there is a liability of approximately $5000 per employee, which could potentially add up to $75,000.

Councilman Loncar interjected that, it has never been that amount of money, but the Supervisor pointed out that the Town still had that liability.
Councilman Loncar countered that the Town had saved about $75,000 with the current plans.

Highway employee Dave Stephens spoke up and remarked that the current plan was a “paperwork nightmare,” to which Councilman Loncar replied it was “a little bit of work.” Mr. Stephens then asked if Councilman Loncar was on this insurance. He replied that he had helped “get it together.” Mr. Stephens wanted to know why the company could never answer any questions when the employees called them.

The Supervisor then restated that the plan is not an option anymore so it doesn’t matter if it works or not.

Councilman Loncar then asked the Supervisor when he knew that the current plan was expiring at the end of the month?

The Supervisor responded that he had found out about 3 weeks prior.

When Councilman Loncar expressed astonishment at this fact, the Supervisor asked “did you tell me it was expiring?” and when the Councilman said he had not, the Supervisor stated that most plans he knew of expired at the end of the year so this had come as a surprise to him.

Councilman Loncar then wanted to know what other plans had been looked at?

The Supervisor referenced a memo, which had been sent to the Councilman detailing all the plans that were looked at.

The Councilman said he had received no information.

Councilman McMillan explained that the information had been contained in an attachment to the email which contained the memo.

As far as Alvarez & Marsal (A&M) is concerned, they are already working for the Town as a consultant on the casino project. Some of the scope of work that the Town is looking to have them do, the Supervisor believes will be covered through the SEQRA process. Since the Town is already working with A&M, he is proposing that they broaden the scope of their project.

Councilman Loncar wanted to know why this project didn’t go out to bid since the Town was in the process of reviewing RFPs for all Town Consultants.

The Supervisor explained that those were for services that were renewed annually while this was a one-time project.

Councilman Loncar then stated that when these people were hired as consultants for the casino project, the Town had “found the most expensive consultants available.” And since the Town is “$1 million in debt,” he doesn’t feel it makes sense to hire them for this project. The Supervisor responded that the Town does have the money to invest in their people and their future. He added “taxpayer money was missing and we are going to stop it!”

There ensued some conversation with various audience members weighing in on the subject.

Resolution to Appoint Rachel Artrip as Recording Secretary to Architectural Review Board and to Increase Workday Hours:
Councilman Matthews wondered what the specifics were which were being proposed for Ms. Artrip.

The Supervisor replied she would be going from $12 to $15 an hour and from 10 to 20 hours a week.

The Councilman then wanted to make sure that this would be under the threshold for supplying healthcare benefits.

He was assured that Ms. Artrip would still be considered part time and not eligible for healthcare.
The resolution was passed unanimously with the stipulation that Ms. Artrip’s status would not exceed part time.

Resolution to Acknowledge Receipt of Petition from East Village Residents Supporting Thruway Sound Mitigation:
A petition has been received which contains 67 signatures from East Village residents and states their support for sound mitigation. It was unanimously accepted.

Resolution to Authorize Agreement with Alvarez & Marsal for Special Project of Limited Duration to Provide Advisory Services, Including Fiscal Management, Budget and Internal Controls Best Practices:
Councilman Matthews asked Chuck Finch of A&M who was present, how long he thought the project would last?

Mr. Finch replied that he thought it would be finished within months, probably by the end of the year.

Councilman Loncar asked Mr. Finch where he lived and when Mr. Finch replied that he lives in Kansas City, Councilman Loncar wanted to know if the Town was responsible for the costs of flying him in.

Mr. Finch said that they were, but added that there was a “kick off session” for the project in which he would meet face to face with all the employees. This session will happen this week and next. Following that, over 75% of the work will be done remotely.

Councilman Matthews wondered if part of the need for these services could be linked to the casino project and thus could some of the money come out of the escrow account.

The Supervisor replied that absolutely he was looking into that. Councilman Loncar then demanded “so how much is this going to cost the Town?”

Supervisor Rost replied that he didn’t know yet because he didn’t know how much could be charged to the casino project but regardless of what the cost was, the Town needs to have controls. Councilman Matthews asked for an estimate.

The Supervisor again replied that it was hard to say because they didn’t know how much could be charged back to Genting, but that it would not be more than $100,000. Mr. Finch added that the first controls that would be put in place were controls on the $1 million and $3.5 million (both from Genting) respectively. The same kind of controls will be put in place for all financial transactions in the Town.
The resolution passed 4-1 with Councilman Loncar abstaining because he said the Board had not gotten any other quotes from other firms.

Kristy Apostiledes suggested that the Town broaden the scope of their financial planning to include more than 10 years.

The Superisor remarked that it was important that they were broadening it to more than one year!

Councilman Loncar then wondered what financial information A&M would be looking at as he has been asking for financial information since March and hasn’t been able to get any.

The Supervisor responded that they would certainly be going through the books for the last 8 years during which Councilman Loncar had been around and had had plenty of financial information.

Councilman Loncar then wanted more details and the Supervisor replied that A&M would be sitting with the bookkeeper and going through the records. He added “we’re going to fix it, Cliff. You can fight it, but we are going to fix it!”

Resolution to Grant Special Sign Permits to Maskers Orchards for Directional Signs.
This is an annual request and it was passed unanimously. The permit covers the period from 8/22 – 11/9.

Resolution to Cancel MVP Healthcare Coverage and Enroll Highway and Non Union Employees in NYS Health Insurance Program (NYSIP):
This was passed by a 4-1 vote with Councilman Loncar voting no.

Public Comments:
Dave Stephens thanked the Board on behalf of the employees in the Highway Department for the new insurance plan. The old one may have saved the Town some money, but it put a couple of people in debt and it ruined several of their credit ratings.

Janet Galuska stated that she had asked about fire hydrants at the last Board meeting. Specifically she wonders about who is responsible for them and their servicing. She said she had had a phone call from David du Pont after the last meeting in which he promised that someone from the Village Water Department would call her about this, but she has never received a phone call. She feels the Town is supposed to have a list of all working hydrants and their location along with records of when they were last flushed and checked. She stated that if an insurance company finds that someone has a hydrant near their house that is not in working order, they have a right to not pay any claims.

Supervisor Rost assured Mrs Galuska that he would look into this situation.

Councilman Matthews reiterated his desire for sound mitigation for the East Village. He stated that regardless of whether or not Tuxedo gets a casino, there will be increased traffic on the Thruway due to whichever casino is built. He suggested putting together a meeting with the Town’s legal advisors and maybe A&M to explore this subject.

Supervisor Rost responded that he had tried to meet with Councilman Matthews about this subject over the previous weekend but the Councilman was not available. He pledged to put together a letter to the Thruway Authority on this subject.
Andy Berish brought it to the Board’s attention again that the street-lights did not go on until after 10 pm.

He was told it would be looked into.

Kristy Apostolides commented that the list of scoping comments that had been submitted was very extensive and wondered if the Board would explain how they would be considered and what are the parameters by which they will judge what is important and what isn’t.

Supervisor Rost responded that he wasn’t prepared to address that subject at this meeting. He said he would need to meet with the Town Consultants to get an answer because they are the ones who are going through all the comments. He added that if Ms Apostolides would send him an email, he would respond to her as soon as he had a chance.

Jake Matthews commented once again that he was upset about the proposed zoning change for the Quarry Field property which is listed as being changed to R4 in the proposed zoning amendments.

Mr. Matthews also commented on a scoping document submission made by Christian Goode of Resort World. He disagrees with Mr. Goode’s comments and urges the Town to hold Resort World to transparency. Mr. Goode is claiming that revenue projections are privileged information and Mr. Matthews feels that it is important that these figures be made available to the Town.

Finally, Mr. Matthews lodged yet another complaint about random signs for various drinks and products that have been appearing on telephone polls all up and down Route 17. He feels that outside vendors should not be allowed to just hang whatever signs they want.

Michele Lindsay wondered about the “final scoping document” as referenced in a recent Update sent out by the Supervisor. She wondered if there would be a chance for the public to speak and add things to the document that may not have been included which they felt were important. The Supervisor said he would check and follow up with an email to Mrs. Lindsay the next day.

On the subject of the upcoming balloon tests, Mrs. Lindsay wondered if only one test would be done or if they would be having another test once leaves have fallen off trees. The Supervisor said he would answer that for her the next day as well.

Claudia Baktiary commented that the recent sound test to create a baselilne for noise in the Laurel Ridge/Clinton Woods area was done at the same time that a Wetdown was happening at the Firehouse and she doesn’t feel that is right.

Jake Matthews remarked that when he arrived to attend the Scoping Session, there were two handouts available. One was a copy of the Scoping Document and the other was “propaganda” from Sterling Forest Resort. Mr. Matthews wanted to go on record as feeling that propaganda was inappropriate.

Kristy Apostolides said she wondered what the affiliations of people, specifically non-residents, of people who spoke at the Scoping Session. In particular, Ms. Apostolides wondered about people from Greenwood Lake as Genting has hired the PR company which is owned by the Mayor of Greenwood Lake and this makes her wonder if those people were paid to comment. In addition Ms. Apostolides suggested that the Town should encourage or even require people who speak to state any affiliations they may have.

There being no other comments, the meeting was adjourned.

Agenda for Town Board Meeting August 11, 2014

Call to Order
Pledge of Allegiance

EXECUTIVE SESSION for the purpose of receiving advice from counsel regarding Tuxedo Farms Development

REGULAR BI-MONTHLY MEETING

Minutes
Monthly Reports
Public Comments on Agenda Items

1. Presentation by Tuxedo Farms on Proposed Development Project Amendments

2. Resolution to Schedule Public Hearing Regarding Amendment to Tuxedo Farms Special Permit

3. Resolution to Approve Relocation of Tuxedo Farms Greeting Center to Village Green

4. Resolution to Approve Levy of Special Assessments on Tuxedo Farms Property Owners for YMCA and Wastewater Treatment Plant

5. Town Supervisor/Town Board Update

6. Resolution to Appoint Rachel Artrip as Recording Secretary to Architectural Review Board and to Increase Workday Hours

7. Resolution to Acknowledge Receipt of Petition from East Village Residents Supporting Thruway Sound Mitigation

8. Resolution to Authorize Agreement with Paychex® for Payroll Processing Services

9. Resolution to Authorize Agreement with Alvarez & Marsal for Special Project of Limited Duration to Provide Advisory Services, Including Fiscal Management, Budget and Internal Controls Best Practices

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

11. Resolution to Cancel MVP Healthcare Coverage and Enroll Full-Time Highway and Non-Union Emolovees in NYSHIP

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

Public Comments
Budget Transfers
Vouchers

Adjournment

Supervisor's Update - Posted: 8/11/14

Dear Tuxedo Resident:

I would like to thank all of you who participated in the public scoping session Thursday evening, July 31, for the proposed Sterling Forest Resort and Casino. The Board appreciates your thoughtful comments and respectful presentations. The Town’s technical consultants are now reviewing the transcript of the meeting and all written comments received during the public comment period ending August 4th. This review will help assure that the final scoping document properly reflects your concerns. We hope to have the final scoping document ready for consideration by the Town Board at a special meeting to take place at Town Hall on August 18 at 7 PM. The document will be available online and at the meeting.

The final scoping document will serve as a roadmap for the project applicant to prepare a detailed, substantive and comprehensive draft environmental impact statement (DEIS). The DEIS will be subject to scrutiny by the Town Board and the public, with opportunities for comment at a public hearing and/or in writing. This process will lead to the preparation and completion of the final environmental impact statement (FEIS) to inform decision-makers and the public before a final decision on the proposed development is made. We will continue to update you and look forward to your continued participation as we take the next steps in the SEQRA process for this major project.

Supervisor Michael Rost

Summary of Public Scoping session July 31, 2014

The complete proceedings of this session, transcribed by a stenographer, will soon be made available on the Town web site. Consequently, this report will not be an overview of the proceedings.

Town Supervisor Mike Rost called the meeting to order at 7:15. All town board members were present as were the town’s Attorney (Don Nichols), Planner (Bonnie Franson) and an array of consultants. Mike Rost explained the purpose of the meeting was to review a draft of the Scoping Document and hear comments from Town Board members and the public. Written comments can be submitted to the Town Clerk up to 3:00 PM on Monday August 4.

John Kilduff, acting as moderator, called on Don Nichols and Bonnie Franson to explain the scoping document the review process.

Don Nichols noted that the Town had retained a group of consultants to review the draft Scoping Document submitted by the applicant and they will also review the resulting Draft Environmental Impact Statement (DEIS) that will be prepared by the applicant following the content of the Scoping Document.
The Town Board as Lead Agency will coordinate the review of the DEIS by the consultants, government agencies and the public.

Bonnie Franson then reviewed the required sections within the Scoping Document. These include:

1. A detailed description of the operation of the casino and the permits that it will need to operate.
2. The existing conditions of the site including the geology, soil types, current land use, zoning policy, community character, character of residential of the adjacent residential neighborhoods and the surrounding Sterling Forest State Park.

3. The impact the casino’s construction and operation will have on the soil, topography, vegetation, wild life, wetlands, surface waters and streams. The storm and wastewater management plan, including impervious surfaces and the casino’s effect on flood plains.

4. Other issues that must be covered are: energy use and infrastructure capacity, visual character and aesthetic resources, traffic, transportation and parking, noise, air quality, community services and fiscal impact, cultural resources, solid waste, socioeconomic impacts.

5. The Scoping Document will also contain chapters on; construction impacts, mitigation, sustainable development measures, alternatives to the casino, irreversible and irretrievable commitment of resources, growth-inducing impacts and cumulative impacts.

Mr. Kilduff then asked for comments from the Town Board members. Only Kristian Mathews responded. He asked that the impact on the East Village from noise caused by increased Thruway traffic be investigated as well as impacts on the East Village and the Ramapo River from construction activities. Traffic noise should be monitored during morning and evening rush hours. He noted that 67 people from the East Village had signed a petition asking for these studies to be included in the Scoping Document.

Next the mayor of Greenwood Lake spoke in favor of the casino, but offered no suggestions for Scoping Document content.

The mayor of Tuxedo Park next reported on issues raised by the Village Board that they requested be included in the Scoping Document. They are:

The Village of Tuxedo Park is on the National Register of Historic Places and any impact on this status should be carefully studied and any adverse effects mitigated.
The depth to the top of the groundwater table should be mapped.
A study of the impact the casino may have on flooding of the Ramapo should also be made. Investigation of any impact of the casino on Warwick Brook and Tuxedo Lake. Copies of all communications between the applicant and United Water should be sent to the Lead Agency.
Studies should be made of how electricity used by the casino may impact surrounding areas particularly during power outages.
The casino will cause noise (out door entertainment, traffic, generators etc.) and night sky light pollution in Tuxedo Park. This needs to be carefully investigated from vantage points within Tuxedo Park selected by the Tuxedo Park Village Board.
Noise from possible casino related aircraft flights should also be evaluated.
The impact of increased traffic needs careful evaluation. These studies should include:
Traffic with exit 15B and without 15B.
15B as a full and less than a full interchange ie. Full having Traffic exit in both north and south directions.
Consequences for commuters of increased casino traffic.
Studies of Sunday traffic
Studies of traffic at the intersection of Tuxedo Road and Route 17.

There followed speakers from the Town of Tuxedo which numbered more than 40. In general those from Tuxedo Park and the north end of town called for studies of the negative impacts of the casino while those from the south end of town asked for studies of the positive effects of the casino. Audience applause was similar for both groups. Rather than listing each speaker and their comments, for many similar ideas were expressed, I list the concerns both negative and positive.

Impact on Sterling Forest State Park

Residents noted that Sterling Forest is a region with unusually high biodiversity and home to a number of endangered and threatened species and called for studies to determine:

How increased traffic on 17A would affect wild life e.g. increased road kills and fragmentation of the Park into a northern and southern section. Vegetated bridges over 17A were suggested as a possible mitigation.
The impact of casino construction and operation on all the park’s endangered and threatened species.
How night lighting would effect insect populations, which are food for birds, reptiles, amphibians and some mammals e.g. bats.
Effect of extensive glass windows on bird populations.
Faunal and floral studies must be conducted through all four seasons.
Effect on the forest of zip line, railroad, bike and horseback riding.
Introduction of invasive plant species to the Park with construction.
Use of pesticides and herbicides on gardens.
Increased forest fires from outside smokers and increased litter.
Effect of riding stable effluent on water courses
Adverse consequences of hydrocarbon and heavy metal run off from roads and parking lots.

12. Consequences for the Park of the destruction of nine acres of wetlands.
Some objected to the use of the Sterling Forest name as the project is not a “green” project.

Traffic

Specific traffic studies were called for to determine:

Consequences of increased casino traffic during emergencies e.g. storms, floods, Indian Point compulsory evacuation etc.
Traffic studies should include emergency and non emergency times, peak and off peak hours, all roads leading to the casino including the Thruway and route 106 and all intersections, along these roads, both major and secondary between Thruway Interchanges 15A and 16. Traffic modeling should detail how traffic is generated how arrival and departure times are set and include all locations where the project is estimated to generate over 100 trips, as well as its impact on Woodbury Commons traffic.
Traffic counts should begin soon.
Mitigation for loss of parking spaces at intersection of 17 and 17A should be specified.

Community Character.

Studies should be made to determine the impact and costs to community services of:

The addition of 4,000 workers, many seeking housing within the town. These studies should include consequences for the school system and other community services.
The negative impacts that problem gamblers will have on the community e.g. increased crime, broken marriages, suicides, bankruptcies etc.
Traffic accidents caused by DWI drivers.
Children left in cars while parents gamble.
Higher insurance costs for homes and autos.
What will Tuxedo the Casino town be like?
What will be the impact on the Town if the casino fails after a few years?

Others called for a comprehensive analysis of the impact of the casino on all residents living within a two mile radius of the casino.

Noise

Studies were called for to estimate increased noise within the town related to casino construction (blasting) and operations from both surface and air traffic.

Others indicated that the project should be carbon neutral if not carbon negative.

Other Tuxedo residents emphasized the positive consequences of the casino including benefits to the School, job creation, increased dynamism, decreased traffic congestion when 15B is constructed. Others thought the casino would cause property values to rise. The Town, including the Village, will receive nearly 60 million dollars. Others are concerned about what will happen to the site if the casino is not built.

Speakers from Greenwood Lake, with one exception, emphasized the positive aspects of the casino, including the above as well as revitalization of the Ski area and the “air strip”.

For a complete account please see the Town of Tuxedo’s web site.

Town Board Meeting July 28, 2014

The Town Board met on Monday, July 28, 2014 at 7:30pm. Councilman Matthews was absent.

PUBLIC HEARING Regarding Introductory Local Law #3 of 2014 Entitled "Amendment to Vehicle and Traffic Law" to Regulate Vehicle Parking and Standing on Park Avenue:

Supervisor Rost read Introductory Law #3 into the record and then asked for public comments.

Andy Bearish expressed concern about the location of a dumpster on Park Ave extending out into the roadway.

Councilman McMillen concurred and said he would address this issue.

Mike Santinori clarified where parking on Park Ave would be allowed.

Minutes:
The minutes from last meeting were passed unanimously by the Board.

Public Comments on Agenda Items:
Sue Scher expressed disappointment the YMCA survey had nothing in it about seniors and wondered what the YMCA would offer them.

Andrew Dance or related companies said indeed there would be a number of senior programs and this was an oversight confirmed by YMCA management present.

Andy Berish complained about the road lights going off too early and Chief Walsh responded that this was his fault and a solution with O&R was being worked out.

Presentation on Proposal for YMCA Center on Village Green in Tuxedo Farms Development:
Andrew Dance of related companies began the presentation with an overview.

The Tuxedo Farms application has a 40,000 sq foot commons facility approved. The proposed YMCA would have a building with 30M square feet indoors and 10M square feet outdoors. The YMCA has a long history of providing family facilities for entire communities for ages one month to 95 years old. Related has agreed to fund the construction of a YMCA in Tuxedo Farms using a public private partnership to fund both the Y and the new sewer plant. Mr. Dance made it clear that the two projects are linked from a funding perspective and include a tax to be imposed by the Town on all 1,200 new homes to be built within Tuxedo Farms. This tax will be applied only to those new homes and nowhere else within the Town. None of the details have been finalized or voted on. The proposed YMCA will have an indoor pool; gym; 2 squash/rackets courts; exercise studio; youth center; changing area; etc. The outdoor facility will have 2 tennis courts; paddle tennis; a soccer field; etc. Also, a half- acre is being set aside for a library.

Ira Besdansky, CEO of the Middletown YMCA and manager of all Orange County YMCA facilities, then spoke. The YMCA is a 501C3, operating since 1882. There are 10,000 US locations; as well as various locations in 130 countries. It is the largest child care provider in the US; is run by 500,000 volunteers and has over 30,000,000 members worldwide. They conduct many after school programs. Usually, individual municipalities call on the YMCA to build a facility. This is the first time where a developer has called them offering to build a facility for them to operate. The YMCA’s goal is to serve the entire community in which it operates and help develop the character of its younger members.

Next, Ross Miceli, who runs the Monroe YMCA discussed its programs. The child watch center has a number of activities; hosts meetings for local non-profits; hires local people and heavily uses local products despite the possible higher cost. Ergo, YMCAs support their local communities from both a hiring and a purchasing.

Finally, Chris McCagg, Partner in James G Rogers Architects, tetained by Related to design the new YMCA, presented lots of evidence that his firm has a great deal of experience designing recreational facilities for volunteer organizations to include schools. He then reviewed the initial plans for the Tuxedo Farms YMCA, focussing on Darien, CT’s recently completed YMCA.

Click here to view the plans, presentation bullet points and other promotional material for the YMCA.

The floor was then opened for questions from the Board first and then the public

Councilman Loncar asked what the initial operating budget would be?

Mr. Besdansky said it would be about $1.3 to $1.4MM per year. He guessed that a family membership would cost $80 per month and initially 750 families would join plus 500 single memberships. The facility would have no rent or debt service to fund. It will have to pull members from both Suffern and Sloatsburg.

This lead to another discussion about the proposed tax on just new homes in the Tuxedo Farms development and Mr. Dance was very firm that this was required to both support the YMCA and build a new sewer plant.

Councilman McMillen asked about the closest existing YMCA and was told that Nyack is the closest at about 20 miles.

Councilman Loncar then wondered what financial level of people typically purchase memberships. The answer was middle class. Memberships are not affordable for the poor and the YMCA does not give memberships away. If one cannot afford it they do not use it. The exception to this is for families with a family member on active military duty who is deployed overseas. They get a free ride.

Councilman Phelps asked about the relative size of the proposed YMCA and was told that it would be smaller than Middletown and larger than Monroe.

Mr. Besdansky further commented that the YMCA does not build or manage facilities that it does not think will be self-sustaining. He is highly confident the proposed YMCA in Tuxedo Farms will be.

Mike Santinori commented that the current town population of 3,600 will be doubled by Tuxedo Farms.

Mr. Besdansky believes that YMCA’s have a positive impact on home values. The cost of the proposed facility is $10MM. Nine months of due diligence has already been done on this proposal.

Councilman Loncar wondered when/how soon the town could expect to see the facility built.

Mr. Dance explained that the application to build a new sewer plant and YMCA suggest that by September of 2016, both will be in place. Related is building this proposed YMCA, but with input from the YMCA. As explained earlier, normally the YMCA builds its own facilities so this is somewhat unique.

Resolution to Appoint Kevin BonKoski as Part-Time Police Dispatcher:
The Board unanymously approved a resolution to appoint Kevin BonKoski as a Part-Time Police officer and and BonKoski was sworn in with various pictures taken.

Town Supervisor/Town Board Update:
Supervisor Rost announced that on Thursday at 7 PM a SEQUA Hearing will take place in regards to the draft scoping document for the Genting Project.

Resolution Determining the Validity of a Petition for a Proposition to Increase Budgetary Allocation for the Tuxedo Park Library to be Included on the Novermber 4, 2014 Ballot:
The Board voted unanimously in favor of approving a resolution which validated the petition for a proposition to increase the budegtary allocation for the Tuxedo Park Library to be included on the ballot in November.

Resolution to Adopt Local Law Entitled “Amendment to Vehicle and Traffic Law”:
The Board voted unanymously in favor of adopting the Local Law entitled Amendment to Vehicle and Traffic Law.

Resolution to Ratify Amendment to Engagement Agreement with Stroock & Stroock &Lavan to Expand Scope of Representation of Town to Include Environmental Review and Litigation:
The Board voted unanymously in favor of a resolution to ratify an amendment to the Engagement Agreement with Stroock & Stroock &Lavan to expand their scope of representation of the Town to include Environmental Review and Litigation.

Resolution to Settle Tax Certiorari Claim Brought By Chester LaBaron:
There was a brief discussion. It was determined that the Town owes LeBaron $35,000 in taxes paid in each of five years 2009 to 2014 for a total refund of $175,000. The alternative to payment would be a long and costly court fight.
The Board then voted 3 to 1 in favor with Councilman McMillen opposed.

Resolution to Authorize Agreement to Utilize O&R Street Light Portal for Reporting Outtages:
The Board voted unanymously in favor of approving an resolution to authorize an agreement to utilize the O & R Street Light Portal for reporting power outtages.

Agenda for Town Board Meeting July 28, 2014

Call to Order
Pledge of Allegiance

PUBLIC HEARING Regarding Introductory Local Law #3 of 2014 Entitled "Amendment to Vehicle and Traffic Law" to Regulate Vehicle Parking and Standing on Park Avenue

Minutes
Monthly Reports
Public Comments on Agenda Items

1. Presentation on Proposal for YMCA Center on Village Green in Tuxedo Farms Development

2. Town Supervisor/Town Board Update

3. Resolution Determining the Validity of a Petition for a Proposition to Increase the Budgetary Allocation for the Tuxedo Park Library to be Included on the November 4, 2014 Ballot

4. Resolution to Adopt Local Law entitled "Amendment to Vehicle and Traffic Law"

5. Resolution to Appoint Kevin BonKoski as Part-Time Police Dispatcher

6. Resolution to RatifY Amendment to Engagement Agreement with Stroock & Stroock & Lavan to Expand Scope of Representation of Town to Include Environmental Review and Litigation

7. Resolution to Settle Tax Certiorari Claim brought by Chester LeBaron

8. Resolution to Authorize Agreement to Utilize O&R Street Light Portal for Reporting Outages

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

Public Comments
Budget Transfers
Vouchers

Adjournment

Agenda for Town Board & Planning Board Special Workshop Session July 23, 2014

Town Supervisor Update July 21, 2014

On behalf of the Town Board, I am writing to update the residents of Tuxedo on the status of the application and review process for the proposed Sterling Forest Resort and Casino. We appreciate the thoughtful inquiries we have received and we are gratified by the level of interest shown by residents and members of Tuxedo’s business community.

Following approval by the Town Board at a public meeting on June 25, 2014, Tuxedo formally entered into the Host Community Agreement with RW Orange County LLC (a subsidiary of Genting Americas) on June 27, 2014. I believe our board, with the assistance of its advisors and input from the community, has negotiated a very favorable commitment package from Genting. As discussed at our public meetings, among other things, the Host Community Agreement commits Genting to provide $50 million of funding to the Town of Tuxedo for capital projects to be selected by the Town Board as well as for fire, police and EMS equipment and training. We expect to receive the first $1.5 million installment (which is nonrefundable) this month, with the balance to be paid over time if Genting receives the necessary approvals to proceed with the project. The Agreement will provide various other continuing benefits to the Town if Genting receives the necessary approvals for the project, including guaranteed annual tax income that will more than double the Town’s current revenue base as well as annual support for the Tuxedo School District that will remain in place as long as the proposed casino resort remains in operation. The Host Community Agreement also makes clear that none of the required approvals for the project have been granted to date.

On June 30, 2014, Genting officially submitted its license application for the proposed Sterling Forest Resort and Casino to the NY State Gaming Commission. In addition to Sterling Forest Resort’s application, there were 16 other applications submitted to the Gaming Commission for casinos in Orange County and elsewhere in up-state New York. All these applications were submitted in response to a request for applications issued by the Gaming Commission earlier this year, in accordance with the Upstate New York Gaming Economic Development Act of 2013. The Gaming Commission is currently evaluating these applications and is expected to announce its selection of up to four applicants to receive casino licenses at some point later this year.

In the meantime, Genting filed its application with the Town of Tuxedo for a Special Use Permit for the proposed Sterling Forest Resort and Casino. Based on the filing, the Town Board, working with our environmental consultants and attorneys, has been laying the groundwork for the legally required environmental review process under the New York State Environmental Quality Review Act, known as “SEQRA.” As discussed at Town meetings, during this review period the Town’s consultants and attorneys will assist us in undertaking a comprehensive review of the potential environmental and socio-economic impacts associated with the proposed Sterling Forest Resort and Casino, including many of the issues raised by residents at our recent public meetings such as traffic, air quality, water and wastewater management, and school populations, as well as noise, pedestrian safety and parking. The process will also help determine the measures that may be necessary to mitigate any potential impacts. The full environmental review will be completed prior to any approvals that are needed for the project to proceed. We fully expect that other federal, state and local agencies, including the Palisades Interstate Parks Commission and the New York State Thruway Authority, will be actively involved in reviewing the environmental impacts of the proposed Sterling Forest Resort. At the Town Board special meeting on July 17th, the board members voted to establish the board as the “lead agency” in coordinating these various efforts.

Also at the July 17th meeting, the Town Board determined that the proposed action may have a significant effect on the environment and therefore a draft Environmental Impact Statement (EIS) must be prepared. The initial step in this process is the preparation of a scoping document that describes the full range of environmental issues that must be studied in the draft EIS based on prior analyses and community input. As part of this process, a draft scoping document identifying these issues has been prepared by Town consultants for public comment. This draft document will be reviewed at a public scoping session scheduled for July 31, 2014, at the George Grant Mason Elementary School, 11 Hillside Avenue, at 7:00 p.m.

As part of the SEQRA review process, we anticipate that there will be more public Town meetings at which the environmental impact of the proposed project will be discussed and we look forward to receiving comments and feedback from Town residents. We will continue to keep residents updated as there are further developments.

As another part of our effort to keep residents informed, I also want to announce that we have set up a new webpage for all public documents related to the proposed project and Town actions related to the project, including the Host Community Agreement and the draft scoping document discussed above. If you visit our homepage at www.tuxedogov.org, you will see the link to this new webpage at the top of the page. We hope this will be useful in helping you to learn more about the application for the proposed project and its review by the Town. We believe making the documents readily accessible is a crucial part of conducting a thorough, comprehensive and transparent review process.

Again, on behalf of myself and my fellow board members, thank you for your continued interest, participation and support.

-Michael Rost, Town Supervisor

Special Town Board Meeting July 17, 2014

The Town Board held a special meeting on July 17, 2014 at 7pm. Councilman Loncar was absent.

Supervisor Rost began the meeting by stating that prior to voting on the two resolutions at hand, Board Attorney Alyse Terhune would provide a brief over-view of the process, after which there would be a short public comment period. He reminded the public that the comment period would be for comments on agenda items only and was not a general Q & A session, but further stated that all comments and questions were welcomed by the Board and could be submitted via e-mail where they would be reviewed and answered accordingly. The Town will be adding a new page to their website where residents can view all of the public documents related to the project as they become available. This page should be up and running within the next few days. This is part of the Board’s ongoing effort to keep the entire process as open and transparent as possible. Speaking to the recent Article 78 lawsuit filed against the Town, the Supervisor reported that the constable was currently reviewing the documents but they were confident that everything they had done had been in compliance with the law.

Attorney Alyse Terhune then provided a brief explanation/over-view of the SEQRA process as follows:

Genting has submitted an application for a Special Permit to the Town, including full Environmental Assessment Form and prelimianry plans for the project. The Board subsequently labled the project as Type One under SEQRA, which means that they believe it will have one or more signifiant environmental impacts on the Town and will need to have a coordinated review. They then developed a notice of intent to become the Lead Agency for this process and circulated it to all of the Involved and Interested Agencies. A complete listing of agencies is included within the resolution, however some of them include the Planning Board, The Architectural Review Board, the Village of Tuxedo Park and other various State agencies such as the DEC, DOT, Health Department, Gaming Commission, etc) for their approval. All the necessary agencies have consented, therefore, the Board will formally resolve to name themselves Lead Agency with their vote this evening. Once that has been done, the next step in the process is to award the project a positive declaration under SEQRA, officially launching the coordinated review. A public scoping document (currently being drafted) specifically outlining issues to be explored and areas of concern will then be presented to the public. Shortly after this document has been made public, there will be a Public Hearing at which time residents can make comments and will also have the opportunity to voice any concerns that may not have been included in the draft. Following this process, the document will be finalized. The applicant will then move forward with the preparation of their Environmental Impact Statement, based on the information in the scoping document.

Public comment was then allowed.

Dena Steele expressed concern that there is the appearance of a Conflict of Interest with the Town becoming the Lead Agency as they have also been designated to be the governing body who will be charge of distributing the 40 Million Dollars given by Genting to the Town for municipal projects. She wondered what would happen if new projects, not previously included in the list, were identified. Who would pay for them? There followed a discussion with regard to the process of project mitigations and what would happen if issues were identified that did not appear on the Town’s wish-list as previously submitted. It was explained that mitigation for any development-related issues that fell within a specific radius of the project itself (this radius is TBD) would be paid for by the developer. Should there be an issue on the wish-list that is also identified by the Developer during the site-specific environmental review, mitigation will not be funded twice and will come off the wish-list.

Gary Birnberg commented that he was concerned that there would not be enough time to complete a full Environmental Impact Statement, noting that there had only been a couple of months allotted to study the potential traffic, noise and light impacts of the project. Further commenting that he was “amazed” by the speed at which things were progressing, he wondered if it were possible to properly prepare the E.I.S. in the time allotted.

Ms. Tehrune responded that it was indeed possible. She reminded Mr. Birnberg that the process did not need to be completed by the time the Gaming Commission made their decision in the fall, however, the project will not be awarded a license until the SEQRA process is complete.

Mr. Birnberg then wanted to know what would happen if residents discovered areas of concern after the scoping document had been completed.

He was told that following the release of the document, there would be a public hearing where all such issues could be openly voiced and would be taken into consideration. The scoping document will not be finalized until after the public hearing has taken place.

As there were not more comments from the public, the Board then moved on to the resolutions at hand.

Resolution Declaring Lead Agency – RW Orange County LLC Application For A Special Permit To Construct A Gaming Facility In The Town Of Tuxedo:
The Board voted 3-1 in favor of adopting this resolution with Councilman Matthews voting against.

Resolution And Notice Of Positive Declaration Under SEQRA And Scheduling Of Public Scoping Session Regarding Application Of RW Orange County For A Special Permit To Construct A Gaming Facility In The Town of Tuxedo:
The Board voted unanimously in favor of adopting this resolution.

Agenda for Special Town Board Meeting July 17, 2014

Call to Order
Pledge of Allegiance

1. Resolution Declaring Tuxedo Town Board as Lead Agency in Application of RW Orange County LLC for a Special Permit to Construct a Gaming Facility in the Town of Tuxedo

2. Resolution and Notice of Positive Declaration under SEQRA and Scheduling of Public Scoping Session regarding Application ofRW Orange County LLC for a Special Permit to Construct a Gaming Facility in the Town of Tuxedo

Adjournment

Town Board Meeting July 14, 2014

The Town Board met on Monday, July 14, 2014 at 7:30 pm. All members were present.

Supervisor Rost began the meeting by asking Town Attorney Don Nichols to explain the Resolution of lntent to be Lead Agency in the Application for Proposed Gaming Facility to everyone. Mr. Nichols stated that anyone who had been attending recent meetings had surely heard the Town Board comment that they expected to be the Lead Agency on the Environmental Review (SEQRA) for the casino because the effects are local and the Board is in the best position to review and cover everything. At the beginning of the process, a lead agency needs to be chosen from among the many agencies inthe Town, County, and State that might be involved in the project The Town Board circulated their intent to be that agency at the time the application was filed.

The resolution that appears on the agenda merely confirms that intent and ratifies the notice that was sent. The next step in the process is to confirm the Town as Lead Agency. The Board expects that all of the other agencies will agree that they should be the Lead Agency and, based on this, they will be scheduling a special meeting to confirm the status. The expectation is that the Board will give the project a “positive declaration,” meaning that they believe that the project may have a significant adverse effect on the environment and that they will be requiring a full Environmental Impact Statement to be prepared by the applicant. Because they want to make sure that the applicant’s Impact Statement is fully complete and addresses all the issues that have been raised by the public, the Board is working on a Draft Scope which will identify those issues that the applicant must address. The Scope will be fully available to the public so that they can check to see if they think the Board has done a complete job of identifying issues. There will then be a Scoping Session, where public can come and speak about any issues that might not have been included in the EIS. Next, the applicant will put together their EIS and submit to the Board who will determine whether or not they think it’s complete. If it is, they will then hold public hearings on the EIS. This will be followed by another series of steps during which the Board will look to approve the application. The public will be kept informed of the process as it is happening.

Public Comments on Agenda Items:
Michele Lindsay noted that this was the first Board meeting since the Host Agreement had been signed. She pointed out that the public had never seen a draft of the agreement and that it had only been made public after it had been signed. She thought that the Board had promised to have open meetings during the drawing up of the agreement and yet the only public comment on the agreement came from Councilman Matthews. There had not been any meetings where the public could ask questions of the consultants and the lawyers so that they could better understand the agreement. She wondered why there hadn’t been a scoping session for the Host Agreement? She acknowledged that the Board had asked for input on what people wanted to see included in the agreement, but she feels that there is no evidence that any of the concerns expressed thus far had been addressed. She believes that if this is the way that the Town Board is going to operate, they should not be the lead agency on the project. Also, in the HCA, the Town Board agreed to be fully supportive of the project and not to criticize it. If they break this agreement and criticize the project, the Town will not receive their money. Therefore, she doesn’t see how they can possibly be the Lead Agency for an effective environmental review. She feels the Board has “basically muzzled themselves.” Also she noted that the HCA, sets a mitigation cap of $5 million, which she feels is very small. She fears that if the Board is not allowed to be critical and the cap is only $5 million, they will be more inclinded to let it go and allow problems to slide. She suggested that either the Planning Board or some totally independent agency such as the Palisades Interstate Park Commission (PIPC) should be Lead Agency. Mrs. Lindsay further commented that she had read notes from someone who attended the recent Planning Board meeting and wondered if it were proper for Councilman Phelps to apply pressure on their vote? Councilman Phelps categorically stated that there was no pressure and that this was a completely inaccurate statement.
Supervisor Rost thanked Mrs. Lindsay for her comments.

Ulrich Pendl wondered why the Board was not providing Mrs. Lindsay with answers to any of her questions and was told that this was the time for public comments, not questions. Mr. Pendl then noted that he had spent the entire day studying the HCA and wanted to know who had drawn it up? Supervisor Rost reiterated that this was a public comment session and not a Q & A. If people have questions, they can contact his office and he will respond to them with an answer.

Mr. Pendl replied that he hadn’t gotten an answer and then noted that he thought the answer had been “taken care of.”

Town Supervisor/Town Board Update:
The Supervisor began his update by commenting that Perfect Cut is not yet in compliance with the DEC and they have not paid the outstanding invoices from the Town. The Board and their counsel are working on “remedies ”for this situation.

The State Comptroller’s Auditors should have the information that they need by the end of the week. The Town Accountant and Bookkeeper were working on reports last week. These should be wrapped up soon and then hopefully, the Town will get the results from the audit. The Town Auditor will be in Town next week and time will be scheduled for Board members to meet with him and get any questions they may have answered. The Bookkeeper will also be giving information to Department Heads so that work can begin on the new budget.

While driving around Town over the course of the last week, The Supervisor took note of some abandoned homes and neglected properties, which he in turn discussed with the Building Inspector Dave Maikisch .Mr. Maikisch is working on all of these.

Resolutions:
The following resolutions were adopted:

a Resolution to introduce Local Law entitled “Amendment to Vehicle and Traffic Law” to regulate vehicle parking and standing on Park Avenue.” A public hearing was set for July 28th at 7:30 pm.
a Resolution to authorize performance of mandatory Workers’ Compensation Safety & Loss Prevention Assessment by InPhinite Potential of West Kill, NY – this is mandatory as per the Department of Labor. The Board authorized payment to InPhinite not to exceed $900.
a Resolution of Intent to be Lead Agency in Application for Proposed Gaming Facility in Tuxedo – this passed 4-1 with Councilman Matthews voting no
a Resolution to grant a spcial sign permit to Tuxedo Performig Arts Group (TPAG) to publicize their August 3rd event.

Scheduling of Special Meeting to consider resolution(s) regarding Town’s Lead Agency status:
The meeting was set for Thursday July 17th at 7:30 pending Councilman Loncar’s confirmation that this date and time work for him.

Commentary by Joseph Deutsch, Esq. regarding Ski Side Villa:
Mr. Deutsch needed information and came early, spoke with Town Engineer Jeff Marsden and left. He will get back to the Town as the process continues.

Public Comments:
Andy Berish wondered if he was the only person in Town who had noticed that no street lights come on until after 10 pm? He stated that he saw only one light on the street in front of The Junction while everything else was black.
He was told that the Board would look into it.

Mike Squillini wanted to know if there was a way to put garbage cans, grass clipping and hedge heights into the Town Code. Building Inspector Maikisch replied that grass clipping is in the code, but there is a procedure and it takes time for enforcement. Town Attorney Nichol agreed with this but said he would look at the law and see if there was a way to shorten the process.

Mr. Maikisch stated that he prefered to catch people at home and talk to them about something he considers a problem. Mr. Nichol said he would look into adding hedge height and garbage cans (not being left out after pickup) to the code.

Janet Galuska asked if everyone had seen the man protesting against President Obama in front of the Post Office.

She was assured that he was just exercising his First Amendment rights.

She replied that he was stopping cars on Route 17, which she thought was wrong.

She was told that if someone was in the middle of the road, she should notify Town Hall or the police.

Michele Lindsay asked for clarification on the following detail from the Host/Community Agreementif something comes up during SEQRA that needs mitigation and that thing is already on the Town’s list of capital projects, then if it becomes a mitigation requirement, does it reduce Genting’s payment to the Town dollar for dollar.

Town Attorney Nichol agreed that was correct. The idea, he said, was that Genting didn’t want to have to pay for something twice. For example, if mitigation required them to pay for extra police, then they didn’t want to pay for that again in their payment to the Town.

Mrs. Lindsay again asked about the $5 million cap on mitigation. Mr. Nichol responded that there was no limit on the amount of mitigation that the Town could request, but Genting has the right to decide that it has become too expensive and they don’t want to go on with the project.

Mrs. Lindsay then questioned the 2.5 million that has been allocated for fire, police & emergency services personnel and equipment. She feels that amount is too low. t

She was told that it wasthe Town’s Fire & Police Departments as well as the Ambulance Corps that had come up with this figure. They believe it will cover both equipment and any necessary training associated with using the equipment.

Mrs. Lindsay wondered if a new firehouse would be required. Supervisor Rost acknowledged that a new firehouse would be necessary in order to house the new truck and that Genting will pay for it.

Ulrich Pendl reported that in reading the HCA, he had noted that the largest payment comes 2 years after the opening of the casino. At the same time, he has read an article about the state of the casino business and he feels that common sense says that within two years there will be at least one major bankruptcy among the casinos. He wondered if the Town thought they would really be getting their big payment after the two years and further stated that he doubted it very much.

Town Attorney Nichol replied that the Town had had their own team of financial experts who had looked at the deal being proposed and had confirmed that what the Town had been told about payments, etc. was accurate. Those experts indicated that the annual revenues for the project could be up to a billion dollars. They assured the Board that their analysis showed that the project would be successful and thus Genting would be able to pay the Town.

Mr. Pendl then cited the recent collapse of the casino industry in Atlantic City and said that the Town would be “creating its own competition,” and wondered why no one seemed worried about that?

Jake Matthews stated that he was most worried about traffic in the area. Between Tuxedo Farms, the Watchtower, Woodmont Hills (next to Auntie El’s in Sloatsburg…approximately 400 apartments) as well as the Woodbury Commons expansion, traffic is already going to be hard to deal with and that’s before adding in whatever traffic is generated by the casino. Mr. Matthews wondered if all these projects were sharing information and studies with each other. He also wanted to know if the town’s consultants had been made aware of the other projects, which were going on.

Supervisor Rost responded that all of the other projects had indeed been pointed out to the Town’s consultants and that they would be taking this into account when they do the traffic study. Mr. Matthews wondered if all the different developers were actively sharing information. Don Nichol remarked that for any of the projects that had been approved and had done environmental review, the traffic studies were a matter of public record. He went on to say that the Genting traffic people have the obligation to do the major review and the Town’s traffic consultants will review that study and see if they think Genting’s people have done a good job. The consultants will need to take a look at all the other traffic studies. He further added that getting traffic off of Route 17 was a major requirement from the Town Board.

Mr. Matthews also asked if it would be possible for the people who actually drafted and negotiated the Host Agreement (the Town’s consultants) to come in and meet with residents and answer their questions?

Town Attorney Nichol responded that the consultants were currently putting together a letter to be sent out to the Town residents which would provide general information and they were hoping that most people’s questions would be answered there in. If there remain unanswered questions after the letter goes out, a meeting usch as this could be set up.

Councilman Matthews asked Mr. Nichol what the procedure would be if during the scoping period someone thought of something that they t should be included in the environmental study? Who will decide if such suggestions get included in the scope for the EIS? Mr. Nichol said that ultimately it would be the Town Board’s decision. He then outlined the next steps of the process as follows: Very soon, there will be a draft scoping document which will be available to the public and also to all involved agencies. Then, there will be a public scoping session which will give the public the opportunity to point out those things they think should be included in the EIS. The Town Board will have the ultimate say in what is included in the scope. It will be openly voted on by the Board. Already, the consultants have listened to the issues brought forward by the public at the various Town meetings. They also went through the questions cards that were handed in at the meeting with the consultants. All of these things will be incorporated into the scoping document that they are currently in the process of putting together. Then, the public will have their chance to add those questions that they think should be studied.

Ulrich Pendl remarked that when A&M met with the public, it was in his view a “whitewash” which only told people how beautiful everything was going to be. He feels that questions from the public are not getting any answers.
Mr. Nichol replied that most of the questions would need to wait until the studies were done during the environmental review. Then, the questions would be addressed through annalysis.

Sue Scher stated that she was concerned about the short period of time provided to the public to come up with questions for scoping. She added that many people did not understand that the SEQRA process would be starting now instead of after the siting decisions were made and announced in November.

Mr. Nichol responded that hopefully the experts would have thought of most, if not all of the important points that need to be studied.

Ms. Scher said that in her view, the experts had been there to help the Town get the best deal and not necessarily to be critical of the project. She noted that Genting would have experts to look at all the different aspects of the project and wondered at what point the Town would get its own experts to look at what Genting’s experts are finding.

Mr. Nichol replied that the Town already has a group of experts put together and Ms. Scher then asked for a list of the Town’s environmental experts. She was told that a list would be posted to the Town website. Mr. Nichol explained that first there would be a Draft Environmental Impact Statement, (DEIS) which they hoped everyone would read, and this would be followed by a public hearing on the document. If there remain questions that need to be resolved, they will be addressed in a Final Environmental Impact Statement (FEIS)

Ms. Scher replied that this process may meet the requirements, but she feels that it is all happening so quickly that it doesn’t give people time to process the information and think about it.

Kristy Apostolides requested that as to the time period, the Town not defer to Genting because they seem as though they want to rush through everything. Now, we are no longer under State restraints but under a “rush to market” constraint which is not the same thing. Mr. Nichol replied that how quickly the applicants can get everything done is one of the factors being used in deciding who gets the license. This is a factor imposed by the State. The Town and its consultants have done their best to design the process so that the Town will have enough time to do a decent review and make sure that they are protected.

Jake Matthews reiterated his concern about looking at the traffic studies of all the different developments around the area. He wants the Town’s professionals to look at all the material from the different projects cumulatively.
Mr. Matthews further wondered whether the Town Board felt that the casino project would solve the Town’s financial problems near term and long term? Specifically, he wanted to know how far forward the projections of the Town’s financial consultants look?

Supervisor Rost responded that this is the phase of the project that is being entered into now. The Board wants the consultants to give them a long-term outlook on the Town. It’s a work in progress.

Mr. Matthews suggested that the Board look very carefully beyond the 5 and 7 year plans.

Michele Lindsay wanted to know if anyone had looked at what it was going to cost to repair and maintain roads and bridges in the area.

Supervisor Rost replied that those things had been looked at and the answer was that the tax revenue generated by the Resort would more than cover the Town’s share of those costs.

Councilman Matthews noted that at the meeting with consultants, he had asked how much of the annual $11 million would be needed to keep up with the services and he was told it would be around $3 million.

Ulrich Pendl stated that he thought there had been no financial planning done. He feels that the Board thinks there is “manna coming from heaven,” because they have gotten such incredible promises. This makes him speechless.

Andy Berish stated that he felt the chances of Tuxedo getting the casino were 1 in a million and that this is because of the “rich Tuxedo Park.” He feels the casino will go to Sullivan County or Newburgh and thus we shouldn’t all get emotional about it.

Changing the subject, Mike Squillini requested that the Town follow up on the moving of the light under the Thruway bridge so that the residents can have an easier time getting in and out of the East Village.

Councilman Phelps replied he had talked to the Thruway Authority about this and had been told they couldn’t do it because it would be too close to the train tracks.

Mr. Squillini also wondered if the Building Code could be put online and was told that this was being worked on.

Kristy Apostolides wanted to know how people could submit their questions about the Host agreement, to the Town. She was told they could be submitted to the resort@tuxedogov.org email address. Jake Matthews stated that he had been out of town for 2 weeks and noted that on the Town website there was a link to a survey about what residents would like to see included in a YMCA. He wondered why residents weren’t being asked whether or not they wanted a YMCA?

Supervisor Rost replied that the YMCA was something that Related was considering putting in. He suggested that if Mr. Matthews went and took the survey, if he doesn’t want a YMCA he could say so. When Mr. Matthews asked if that actual question was included in the survey, the Supervisor responded that if Mr. Matthews sent him an email, he would make sure it got to Related.

The motion was made to approve the Town’s vouchers. There were 3 ayes on the motion with Councilmen Matthews and McMillan stating that they needed to come to Town Hall and review the vouchers before they could vote on them.

The meeting was adjourned.

Agenda For Town Board Meeting July 14, 2014

Call to Order
Pledge of Allegiance

Minutes
Monthly Reports
Public Comments on Agenda Items

1. Town Supervisor/Town Board Update

2. Resolution to Introduce Local Law entitled "Amendment to Vehicle and Traffic Law" to Regulate Vehicle Parking and Standing on Park Avenue

3. Resolution to Authorize Performance of Mandatory Workers' Compensation Safety & Loss Prevention Assessment by InPhinite Potential of West Kill, New York

4. Resolution oflntent to be Lead Agency in Application for Proposed Gaming Facility in Tuxedo

5. Scheduling of Special Meeting to Consider Resolution(s) Regarding Town's Lead Agency Status

6 Commentary by Joseph Deutsch, Esq. regarding Ski Side Villas

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

Public Comments
Budget Transfers
Vouchers

Adjournment

Town of Tuxedo Host Community Agreement with RW Orange County LLC

Click Here to View a .pdf of the Agreement

Town Board Meeting June 25, 2014

The Town Board met on Wednesday, June 25, 2014. All members were present. The meeting was held in the multipurpose room of the George Grant Mason Elementary School to accommodate an expected large audience. Although it was called for 7 pm, the meeting did not start until shortly after 7:30 as the Board was still negotiating the Host Community Agreement with Genting.

The meeting began with a report from Jeff Lowenthal of Strook & Strook & Lavan, the Town’s special counsel for the casino project. He gave a summary of the Host Community Agreement explaining that it covered two topics. The first topic was the project that Genting is looking to build which, he stressed, has not yet been approved. In fact, the approval process has not even begun. Genting has agreed to start this process promptly.

They recognize that every aspect of the project will be reviewed from an environmental and socio economic point of view. They have agreed to cooperate with the review and because they recognize that as it unfolds, adverse effects from the project may be uncovered andthey have agreed to provide whatever mitigation is necessary “with just a few exceptions.” They understand that their ability to complete the project depends upon their obtaining all of the approvals which are necessary, none of which they have today.

The agreement also details various payments to be made to the Town by Genting over the next few years. These are known as capital payments. The total amount of the capital payments agreed to is $47.5 million to be paid in installments, the first of which will be next week. This money is to be spent at the discretion of the Town Board who is considering a variety of projects

Genting has also agreed to guarantee that the property tax paid to the Town on casino resort property will be at least $3.5 million in perpetuity. Thus, if for any reason the Town collects less than that, Genting will make up the difference.

They have also agreed to guarantee that the Town’s share of the gaming tax from the State will not be less than $7.4 million (this increases based on the inflation rate). This guarantee will remain in place until another casino is built in Zone 1 (New York City, Long Island, Westchester, Putnam or Rockland counties.) which cannot happen by law for at least 7 years.

Since the casino will be 100% within the Monroe Woodbury School District, Genting has agreed to pay TUFSD a sum equal to 50% of the tax they pay to Monroe Woodbury.

They have also agreed to give the Town a payment of $2.5 million to cover necessary additional equipment for Town police, fire and ambulance corps.

Finally, Genting has agreed to fully pay for mitigations found to be necessary during the environmental review. There are a few exceptions to this.

Genting has committed to building a “first class, luxury” resort, which they will operate “to the highest standards.” Unlike either Las Vegas or Atlantic City, a visitor to Sterling Forest Resort will not have to walk through the casino to reach restaurants or other destinations in the hotel. Rather, the casino will be located in another area, which a visitor will only reach if desired.

Additionally, Genting has pledged to provide opportunities for local vendors. They will hold a hiring fair for people in the area who are interested in jobs in the casino. They have committed to putting $400 million into the property between now and the time that they open.

Furthermore, Genting has pledged not to sell the property (and it was pointed out that they have never done this) until after the casino has been open for 2 years. After that time period, if they want to sell it, they must do so to someone who has experience in operating a high-end resort, has substantial net worth and who has received a gaming license from the State of New York. Any future buyer would be bound by the Host Community Agreement.

Resolution to Authorize the Adoption of a Host Community Agreement including a Resolution in Support of the Resort/Casino, updated in accordance with New York State Gaming Commission Requirements, and to determine whether the adoption thereof might have any significant adverse effects on the environment.

Prior to voting, Supervisor Rost stated that the time constraints that the Board had been operating under were not set by the Board, but rather by New York State. He wanted everyone to know that he and the Board had tried to be as open and transparent about the process as possible.

The resolution was passed 4-1 with Councilman Matthews voting no.

Other Business:
A resolution was made to retain LAK Public Relations firm as a consultant. This was passed unanimously.

Special Town Board Meeting June 23, 2014

The Town Board held a Special Meeting on Monday, June 23, 2014 at 7:30 pm. All members were present. The meeting was held in the auditorium of George F. Baker High School in order to accommodate the anticipated crowd.

Supervisor Rost announced that on advice of counsel, the Board had decided to table the resolution re-adopting the letter of community support for the Resort Casino. The reason, he said, was to allow the Host Community Agreement to be completed, reviewed and understood by the Town Board prior to voting on the resolution. He further stated that addressing the two resolutions at different meetings would allow the Board to look at them as separate issues.

Public Hearing to receive comments regarding local law entitled “Gaming Overlay District”:
Town Attorney Don Nichol opened the hearing by explaining that the purpose of the law was to reconcile the State gaming procedure with the State Environmental Quality Review Act (SEQRA) to allow an application to be made to the Gaming Board and then an application to be made to the Town for a gaming facility while still protecting the review of the environment. The law sets up a procedural framework but grants no rights to the developer until that developer has completed the environmental review, received a special permit from the Town and received a gaming license from the State. All ordinary reviews (Planning Board, Architectural Review Board) will still need to be done. The proposed law was submitted to the Planning Board for their review and they have endorsed it at a Special Meeting held on June 18th. It has also been submitted, as required by General Municipal Law, to the Orange County Planning Dept. They have reviewed and issued a report stating that the law is consistent with the Town’s Comprehensive Plan. Mr. Nichol reiterated that all public comments should be focused on whether or not the proposed law complied with the State Gaming Commission requirements and the State Environmental Quality Review Act.

Moderator John Kilduff ) announced that Dennis Hays of Alvarez & Marsal would make himself available on Tuesday from 10 am – 3 pm at the American Legion Hall for one on one question and answer sessions. Mr. Hays is a retired City Manager from Kansas City who oversaw a casino application similar to the one Genting is proposing for Tuxedo.

Dan Gladding observed that there were two votes coming up where the Board still had the opportunity to vote no on the project. He feels they should do this because it is the wrong thing for Tuxedo. On the other hand, if the overlay district is approved and the Town approves the revised letter of support and a license is granted to Genting, then the only way to stop the project would be if there were an “egregious environmental problem.” He urged Board members to vote no on the law even if they weren’t in the majority because he felt it would send a message to the Gaming Commission that not everyone in Tuxedo is behind the project. Detailing his dislike for casinos and gambling, he noted that this vote could be the most important one the Board would make in their career. Again, he urged them to vote no.

Sue Scher stated that she felt the zoning amendment was premature since there is no Host Agreement, there has been no environmental review and there is no state decision for a site.

Kristy Apostolides said her first concern with the overlay district was the extraordinary speed with which decisions were being made. She feels the public should have been given more time to study the proposed law and make their conclusions about it. Secondly, the RFA, available on the Gaming Commision’s website, makes no mention of zoning changes being necessary for an application. She noted that the Town had developed but never adopted a Comprehensive Plan. The draft of the Plan includes a zoning change that would allow for the proposed activities to take place. Thus, she urged the Town to take the time to update and finally pass the Comprehensive Plan, which would allow residents time to educate themselves on the details of the proposed plan.

Ken English noted that the project has increased from 400 rooms to 1000 rooms, and also that plans are for the Renaissance Faire to be open during the week. Noting that when the Renaissance Faire is open, he can clearly hear its music at his house, he asked that the Board and their consultants to take into consideration the added burdens that this project will have on those people living in close proximity. In particular, he cited noise, traffic, light and size of the building.

Beth Murray stated that she has been a resident of the Town for 18 years. She feels Tuxedo is going through a slow death and needs revenue, recreation and revitalization. She fully supports the project and urged the Board to vote yes on both the zoning amendment and the project.

Karen Dougher said she saw ignorance, arrogance and avarice surrounding the project. The ignorance came from the fact that the school tax revenue will go to Monroe Woodbury “no matter what Genting says.” Arrogance is being shown by elected officials who seem to be disregarding the concerns of the people who will be affected most by the project. Avarice is shown by the fact that a casino will be gained on the backs of the people from Sullivan and Ulster County for whom the Casino Bill was designed.

Michele Lindsay stated that she believes that the Town Board is not prepared to make a decision on the approval of the proposed gaming overlay because the Town Board does not understand the impact that a casino will have on the Town. The creation of a gaming overlay district “puts the cart before the horse,” when this action is not required for Genting’s application. She further added that the consultants had been hired to assist the Town in making a decision on the Host Agreement and letter of support. She and other audience members at the consultant’s presentation were insulted by the lack of analysis of issues that truly matter to residents. The consultants presented an analysis of revenues from the project and never mentioned the expenses. She wondered what would happen in 7 years when casino licenses can be granted to companies in Westchester and New York City and Tuxedo is stuck with a 1000 room white elephant? She asked the Board to vote no.

Dennis Trotter recapped the history of the Town and said it was secure and beautiful. He noted people were suggesting that change was needed but he believes that there is good change and bad change. Preserving land in the Town and in the State Parks was a good change and he feels that a casino in Town would be a bad change.

John Haase is disturbed by how quickly the project is moving. He wondered what the construction laws and restrictions were in the Town.. Will Tuxedo have 24 hour/7 day a week construction in order to make the State’s deadline? Commenting that this was not what he moved to Tuxedo for, he asked the Board to slow down and consider what everyone had to say and then to vote no.

Ulrich Pendl stated he was worried about the procedure. He considers A&M’s presentation “a sham which can’t be accepted.” He feels everyone should know who is responsible for the procedure so “we will all know who to blame” in a few years when Genting is running the Town.

Greg Duffy noted that it had been stated at the last meeting that if Exit 15 B didn’t get approved the project would not happen. If that is the case, he wondered, why do we need to have a zoning change now? 15 B is by no means assured.

Rob Zgonena said he had three points to make. 1-Was the Board aware that the Town of Woodbury recently tabled their vote on a letter of community support He feels that this happened because they were concerned about the ensuing traffic problem a casino would cause. In his opinion Sterling Forest Resort would create a similar traffic problem. 2-Was the Board aware of how many different proposals Genting is making to the Gaming Commission. He wanted to make sure that the Board knew that the Tuxedo proposal is not Genting’s only potential application and 3-he is concerned about the recent bankruptcy of Revel Resorts only two years after its completion and worries that this could happen in Tuxedo.

Mary Yrizarry said she had come to the meeting to once again express her objection to the casino as a totally inappropriate thing for this site, which is surrounded by a State Park. She also wanted to refute the notion that northern Tuxedo residents are unwilling to accept change. She feels the Renaissance Faire has “had it’s day,” and that some thoughtful energy combined with marketing could revitalize the area into something that the whole Town could get behind and be proud of. Creating a casino overlay district is premature, unnecessary and out of character for the Town of Tuxedo. She urged the Board to “get the stars of quick bucks out of their eyes” and show some leadership.

Pat Barone said she was concerned that decisions were being made without a thorough consideration of total pros and cons of the impact of the casino. She feels that Town meetings have only presented the pros of the project and urged everyone to attend the meeting on Thursday, June 26 at St. Mary’s Church, which will present former Connecticut Congressman Robert Steele speaking on “Big Gambling in a Small Town.” This meeting will be i sponsored by the Sterling Forest Partnership.

Lee Stanton, a 2012 graduate of George F. Baker and Greenwood Lake resident thanked the Board for doing its due diligence on the project. The decision will have ripple effects down the road and he feels that its benefits are being overlooked by fear just the same as some of the implications are being overlooked by fear.

Mr. Stanton remarked that while he was a student at GFB, he had started “the Campaign to Remain” in 2008 which was a movement to keep the school running. He is proud to say that GFB is now a STEM academy and is also hoping to becomea conversion charter school. He wants to make sure that the school remains the best high school in Orange County. He sees a world class resort that will bring revenue to the Town and the School district making his dream for the school no longer a pipe dream. He noted that previous speakers had mentioned the odds for the project and said there was a 100% chance of losing the revenue if we don’t push forward on the project. He feels this is the way to keep the school open without breaking the back of the taxpayers.

Ben Katzenstein of Warwick said that as soon as he heard about the project he was appalled. He feels that he infrastructure for the roads is “horrendous and this will exacerbate the problem.” The proposed project will increase the need for fire, safety, sewer, police and other things. He also doesn’t understand how the proposed 15B interchange can be put in “right on the banks of the Ramapo River,” without adversely affecting the environment. The Project will affect a much greater community than just the Town of Tuxedo. He urged the Board to take a step back and move slowly as it seemed to him ithat everything was just being pushed through.

Alex Katzenstein is from Warwick although he attended TPS for 12 years. He begged the Board to consider not only themselves but also everyone’s children. He wants to see the same things that he loved so about this area remain for his kids and their kids. He wonders if the lesson we want to teach our kids is that we can be bought.

Scott Perry is a Goshen resident who owns his own business. He constantly gets inquiries from people from all over Orange County looking for jobs. He looks at this project as an economic stimulus and a great thing. He urged the Board to vote yes.

Rodger Friedman said that while he is technically a resident of the town of Warwick, he lives just over the border in Sterling Pines and feels as though he lives in Tuxedo. He feels that Genting has been going to great lengths to buy an appearance of community support. He observed that when the Town asked for residents’ opinions via email, they ran 2 to 1 against the project. Tonight’s speakers were largely opposed to the project. So, he wonders where was all the community support? When reading through the Gaming Commission’s website, he found a statement that said that one of the ways a town can show support is by passing laws that would make it easier for the gaming establishment to move in! Since it seems to him that the overlay district is unnecessary, he wonders if the Town is trying to pass it in order to show community support.

John Buckheit of Greenwood Lake said he thought the Board was exercising sound leadership. He heard mention of fear mongering but it seems to him that the fear mongering has largely been done by the people who are opposed to the project. He feels that making sound economic decisions for the future of the community is hardly “selling out.”

David Masefield, a lifelong Warwick resident, stated that he sells technology largely to casinos. As someone who has thus spent a large amount of time in casinos, he has observed that they have a very insular model. Revenue stays “within” and there is no community interest or focus whatsoever. He encouraged the Board to take a step back and vote with a clear head.

Kiki Nelson lives in Warwick on the border of Tuxedo and pays Tuxedo school taxes. She is disturbed by the fact that the Board is going to push through an overlay district, which is not required by law just to be friendly to yet another foreign company buying property in Tuxedo. She feels gambling is a very “seamy business” andshe doesn’t know anyone who has ever seen a wealthy situation located around a casino. She appealed to the Board to rethink their decision to support the casino and pointed out that as far as supporting the high school is concerned, they should be aware that Tuxedo Farms would bring in enough population to revitalize the school.

Dena Steele said that surely the shifting statements made by Genting at recent meetings concerning the status of the interchange, commitment to our school district, the number of rooms in the hotel and the Town’s wish list should be proof enough that Genting’s long term interests are not necessarily Tuxedo’s long term interests. If the Board votes in favor of changing the Town of Tuxedo by putting in the overlay district, the future of our Town will be increasingly in the hands of Genting. They have stated that their commitment is short term…really, only until another casino is built. She wondered what will happen then? She fears we will have a white elephant up for sale which might go to a less reputable casino operator or another kind of developer that the Town doesn’t want to do business with. By that time, we will have changed Tuxedo forever and will have become just another interchange on the interstate known as “the Town with the casino.” The Town we have now is “a town with a collection of neighborhoods set between two exceptional State Parks an hour from New York City.” Instead of taking another step toward that future, she feels the Town should be establishing a blue ribbon committee to develop an economic development plan that enhances and preserves the unique qualities of our Town and which will generate a future that we can be proud of.

Zachary Turner said he could see arguments for both supporting and not supporting the casino. However, he felt that if the Town was going to do this “for the money,” it could be done for a lot more money than what they’re doing it for.

The public hearing was then closed.

Resolution to Adopt Local Law #2 of 2014 Entitled “Gaming
Town Attorney Don Nichol introduced the resolution and said that a full Environmental Assessment Form (EAFhad been completed and iwas available online on the Town’s website. He then asked Town Planner Bonnie Franson to explain the proposed resolution. According to the narrative attached to the EAF, at this time, the underlying base zoning for this area (R1, R2 and RO) will stay in place. The Gaming Overlay District only goes into effect if the Town Board issues a Special Use Permit and only if there is a gaming license issued for a project in the district. She then led the Board through the full EAF form, parts 1 and 2 ,which they, as lead agency, will be responsible for if and when an application is made. Mr. Nichol read the Orange County Department of Planning’s statement on the proposed law, which was an endorsement of the law.

The Board then voted 4 -1 to pass the local law, with Councilman Matthews voting against

Agenda for Special Town Board Meeting June 25, 2014

Call to Order
Pledge of Allegiance

1. Report by the Town’s Special Counsel and Consultants on the Proposed Casino

2. Resolution to Authorize the Adoption of a Host Community Agreement including a Resolution in Support of the Resort/ Casino, Updated in Accordance with New York State Gaming Commission Requirements, and to Determine whether the Adoption thereof might have any Significant Adverse Effects on the Environment

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

NOTE: No Verbal Public Comments Will be Accepted at This Meeting

Adjournment

Town Board To Hold Executive Session June 24, 2014

Call to Order
Pledge of Allegiance

1. Resolution to Enter into Executive Session for the Purpose of Receiving Advice from Counsel.

Adjournment

Agenda For Town Board Meeting June 23, 2014

Call to Order
Pledge of Allegiance

PUBLIC HEARING to Receive Comments Regarding Local Law Entitled "Gaming Overlay District"

Minutes
Monthly Reports
Public Comments on Agenda Items

1. Resolution to Adopt Local Law #2 of 2014 Entitled "Gaming Overlay District"

TABLED Resolution to Re-Adopt Resolution in Support of Resort/Casino, Updated in Accordance with New York State Gaming Commission Requirements

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

Public Comments
Budget Transfers
Vouchers

Adjournment

Town Board Meeting June 18 2014

The Town Board held a Special Meeting on Wednesday, June 18, 2014 at 7 pm in the Multipurpose Room of the George Grant Mason Elementary School. All members were present.

Supervisor Rost opened the meeting by explaining that since the vote to support the casino in May, the Town Board has been tasked with putting together a team of advisors and consultants who will negotiate with Genting about the proposed casino. As promised back in May, The Supervisor is committed to providing updates on negotiations and complete transparency throughout the process, which was the reason for this meeting. Specifically, the purpose was to apprise the community of the status of the negotiations and lay out the next steps in the process while providing a time line for what will happen next. After cautioning everyone that they needed to be polite and respectful during the question & answer part of the evening, he turned the meeting over to John Kilduff who was acting as the MC.

Mr. Kilduff stated that the meeting was for informational purposes only and that the Town’s consultants were there to report to the Board on the progress of their work. Next Monday, June 23, at the regular Town Board meeting, there will be a public hearing on the proposed zoning amendment that will be necessary in order to allow the project to proceed. There will also there will be a vote from the Board on a resolution in support of the project at that time. If both of these things are approved, Genting will then be submitting their application for a gaming license to the State of New York on June 30. Mr. Kilduff then listed the consultants that were present: Town Attorneys Jacobowitz & Gubits; Town Engineers H2M; Stroock & Stroock & Lavan(the attorneys hired for the project) and Alvaraz & Marsal, the financial consultants and project managers.

Chuck Bedsole of Alvaraz & Marsal stated that his firm was not an advocate or proponent of the project. Instead, they have two goals: 1- to assess the financial and economic market feasibility of the project and 2-to help manage and coordinate all the advisors and consultants on the project. His associate, Ilan Marcoschamer, explained that their job was provide an overview outlining what has occurred since the Genting Group first approached the Town with a proposal up to where they are today. Specifically, they will provide market intelligence, to benchmark similar partnership arrangements and assess the business potential of the resort that is being proposed. They will also serve as Project Managers.
Stroock & Stroock & Lavan’s role is to be lead attorney. As such they will articulate and formulate, along with A&M, the Host Community Agreement, which is the “overarching government document.” Stroock will also have oversight of the environmental review process.

H2M is the technical team which will provide the local insight as well as the technical insight about environmental, traffic and land use issues.

Jacobowitz & Gubits as Town Attorneys, represent the Town’s point of view and have been instrumental in the zoning amendment.

Mr. Marcoschamer went on to give a description of the project, which he characterized as being “reminiscent of the “grand dame resorts” such as the Greenbrier, the Broadmoor or Mount Washington.” It will have about 1.4 million square feet of space. Of that, there will be 140,000 square feet of gaming space, 135,000 square feet of restaurants and a spa, 36,000 square feet of hotel meeting space and 1,000 hotel rooms.

He further emphasized that A&M is working on the Town’s behalf. They do not represent Genting, nor are they there to “rubberstamp” Genting’s business plan. In fact, they have not seen Genting’s business plan. What they have seen is information that is relevant to their analysis and will be useful to them inindependently verifying the business potential and commercial viability of the project. Mr. Marcoschamer then stated that he would be talking about the following things: the Community benefits package, the business potential of the resort which is based on A&M’s analysis of the area (defined as within 120 minutes of driving time from the resort), what safeguards will be in place (assuming that the Host Community Agreement is adopted) and the concern about property values and what a gaming resort does to property values.

Community Benefits Package:
The figures and benefits requested were put together by the consultants after reading emails sent to the resort@tuxedogov.org email address, having some face to face meetings with various residents (A&M has been working out of Town Hall for 2 weeks) and from conversations with the Town Board. Adding up the list of projects that were suggested, the total was about $80 million. The package that is being offered as part of the Host Community Agreement is $50 million. This money will be a gift to the Town, to be dispersed in installments with the final installment coming when the certificate of occupancy is issued. The Town Board will decide how to allocate the funds to the various projects….infrastructure, improvements to recreational facilities, etc. Some of the suggested projects to be funded are:
Land Acquisition:

Paying off the Quarry Field acquisition bond
Acquisition of former NYU site along 17A
Related Group Northern Tract acquisition to be turned into a Town Park

New & Improved Municipal Facilities:

New Town Administration Building encompassing police headquarters, court, planning dept.
Repair/Optimization of Highway Garage Site

Town Beautification:

Downtown Tuxedo Beautification

Recreation and Town Services: (This category had the most input from Town Residents)

Upgrade baseball field at Quarry Field with addition of dugouts and lights
Tichy Field- infield grass, lights, backstops
Circle Field makeover – regrade and properly build small baseball diamond
Upgrades to the WeeWah Beach Club and Village Boat Club (new bathrooms)
Powerhouse Park – surface lining of outdoor basketball court, beautification around stage install patio in front of stage
Murphy Field – 2 new backstops
Eagle Valley Mini Park – surface lining of outdoor basketball court
Hamlet water, sewer and storm collection network repair
Utility improvements in Southfields
Culverts/drainage for Benjamin Meadow Rd
Upgrade drainage culvert in Laurel Ridge
Wee Wah Dam rehabilitation project

In addition, the following community outreach projects have been suggested:

Discounts for residents of the Town for visiting the attractions or using the public facilities of the project
Educational seminars on gaming for residents of the Town
Membership in the Chamber of Commerce and sponsorship of certain events
Sponsorship of the School Ski Club and Tuxedo Ridge Ski Team
College scholarships for town residents

Tax Guarantees:
School Tax:
The taxes will be calculated as if the resort were situated entirely in the Town of Tuxedo and then 50% of that sum will be paid to the Tuxedo School District.
Real Estate Tax:
Genting is guaranteeing an incremental property tax intake of $3.5 million.
Gaming Tax:
The guarantee is for $7.4 million, which accounts for the Town’s share of the State’s collection of gaming tax. This guarantee is in place provided no other casino is built in Zone 1.

Following analysis, it was determined that Tuxedo’s three key concerns are for the environment, traffic and public safety. All of theseissues are being addressed explicitly in the Host Community Agreement. In addition, there will be an extensive and detailed environmental review, which is mandated by the State and will also delve into these issues. It will be Genting’s responsibility to mitigate any and all problems that are uncovered.

Economics:
When evaluating the project, A&M looked at what they call the “area of influence” for the proposed resort ,which is the area within 120 driving minutes from the site. For comparison, they looked at the two nearest casinos, Mohegan Sun and Foxwoods. In their area of influence, Sterling Forest Resort (SFR) has 22 million adults while Mohegan Sun and Foxwoods are in an area where the population is 9 million. The gaming propensity for this region is 14.5% as opposed to 13.8% for Foxwoods and Mohegan Sun. To make projections of potential gaming revenue, A & M created 3 scenarios—a low, a base and a high. They calculated this based on the average revenue that each player provides the casino. For Mohegan Sun and Foxwoods, that average is $800. For purposes of analyzation, the low projection for Sterling Forest Resort is for an average of $700, the base is for $1000 and the high, $1300. There are a couple of factors in play here. First, market factors. SFR has a demographic that is more economically privileged than Mohegan Sun or Foxwoods. Thus there is a potential higher average spending as well as potentially higher frequency of visits. On the product side, Sterling Forest Resort is an upscale resort, which means there are better amenities with better customers and higher minimum betting limits, which filters out lower edged customers. A&M predicts revenues for the overall region will range from $2.5 billion to $4.2 billion. They think that Sterling Forest Resort will capture about 25% of that potential revenue.

Another factor is visitation outside of the area. Since Genting is a global company who is versed in high rollers from all over the world, based on “industry metrics” the range that this part of the business accounts for is from 15-30%. Thus, the estimated potential revenue ranges from $700 million up to $1.5 billion with the average visitation per day ranging from 8,785 to 19.035. Therefore, the base estimates are for $1.058 billion in revenue with 4.8 million average visits and a $216 average win per visit.

By comparison Sterling Forest Resort is projected to have $1058 billion in revenue as opposed to $876 million for Foxwoods and $966 million for Mohegan Sun. The gaming space for Foxwoods is 344,000 square feet, 350,000 square feet for Mohegan Sun and 140,000 square feet for Sterling Forest Resort. Foxwoods has 400 tables and 7000 slots while Mohegan Sun has 325 tables and 5,500 slots and Sterling Forest Resort is proposing 350 tables and 3800 slots. Foxwoods has 2,577 hotels rooms. Mohegan Sun has 1.176 hotel rooms and Sterling Forest Resortis proposing 1000 hotel rooms.

Chuck Bedsole presented the projected tax revenue figures. As far as the gaming tax goes, he said the State gets 20% of the revenue from both slots and tables, (which are taxed differently with slots taxed higher than tables) which they estimate will be $222,000,000. Tuxedo’s 5% share of that thus works out to be $11,000 per year. This projection is for revenue, which is stabilized after 3 years. What is being negotiated in the Host Community Agreement is a guaranteed payment of $7.4 million starting with year one. To put this into perspective, the total budgeted revenue for the Town of Tuxedo in 2014 is $8.5 million. Thus, the guaranteed $7.4 million from Genting is about 85% of that.
For the real estate tax, Mr. Bedsole estimates that Sterling Forest Resort will generate $3.5 million with Tuxedo’s total revenues currently being $6.5 million from property taxes. This represents a 54% increase from what they presently have.

To summarize, Mr. Bedsole said the guaranteed amounts proposed in the Host Community Agreement are for $7.4 million in gaming tax revenue and $3.5 million in property tax revenue for a total of $10.9 million. Since Tuxedo has total budgeted revenues for 2014 of $8.5 million, this represents an increase of 128%!

With regard to real estate values, Ilan Moscoschamer Stated that A&M feels it is practically impossible to “prove empirically” the impact of gaming on the real estate in a local community. In looking at this they looked at what drives real estate value aside from market factors, which no one can control. They referenced the following things:

the quality of the school district
the amount of resident amenities and Town services
the quality of public infrastructure
the health of municipal finances
the limited availability of developable land which goes hand in hand with a protective zoning code
business opportunities in Town with an environment conducive to businesses thriving.

According to Mr.Marcoschamer, all of these things are expected to improve as a result of this development.

Thus, A&M has concluded that Sterling Forest Resort would have an overall net positive impact on the Town of Tuxedo.

After a short break, the meeting was reconvened to deal with the following questions, which had been submitted by the audience members.

What will the dollar value be of the school tax to Tuxedo? Monroe Woodbury’s tax rate is much greater than Tuxedo’s. The previous promise was 50% of the Monroe Woodbury tax. Ilan Marcoschamer responded that while they didn’t yet have an exact dollar amount, the calculation would involve looking at the resort as if it were entirely within the Tuxedo School District (it actually is entirely within the Monroe Woodbury School District) calculating what that tax bill would be and then donating half that amount to the Tuxedo School District.

Will residents of Tuxedo who pay taxes to Monroe Woodbury see their school taxes reduced by 50%?
Town Attorney Don Nichol responded that since the project was entirely within the Monroe Woodbury School District, it would be evaluated like any other property in that district. Since this is a very expensive project, he predicts it will have a large impact on the tax levy for all Monroe Woodbury taxpayers.

What legal guarantee will we have that any tax income will go to Tuxedo’s school district since the casino will be in the Monroe Woodbury school district?
Ross Moscowitz replied that the guarantee will be written into the Host Community Agreement.

Will the “50% payment” to TUFSD be a one time payment or will it recur annually?
Ilan Marcoschamer replied that it was an annual commitment for as long as Resorts World continues to operate the casino. Councilman Matthews commented that he had heard it was only for 10 years or until the next wave of casino licensing occurred. He was told that the next wave of licensing would not have any affect on the agreement. If at some point the Tuxedo School District ceases to be an independent school district, then the payments will cease.

Referencing a report done on the Norwich CT School system, it was noted that in 1999, they had 40 students who only spoke English as a second language. By 2008, there were 308 such students. What would be in impact on local schools of an influx of students from non-English speaking employees’ families?
Ilan Marcoschamer replied that while this was a very good question, it was not something that A&M has addressed in their analysis so far. To the extent that they can address this in the future, they will.

Has A&M ever done a project of this scope within 24 months or can they cite a successful project of this scope constructed in less than 24 months?
Chuck Bedsole replied that yes they have. He then deferred to Dennis Hays who stated that he had been sitting in the exact same position only with the Kansas City Board of City Managers just 5 years ago and thus he understood completely peoples’ concerns. He stated that he thought the Supervisor and Town Board had put together a great team of advisors and consultants and he applauded them for putting together public meetings like this one, which are not required by law. He went on to say that the project could be constructed and ready to open within 24 months provided that all the necessary approvals were in place by the end of this year. He described it as a very aggressive time period, which might depend on the weather. In Kansas City, from construction to opening was about 24 months.

Has A&M or Stroock Stroock & Lavan ever been affiliated with or hired by Genting/Resorts World?
The answer for both firms was no.

For A&M: of the 14 casino projects that you have analyzed, how many did you recommend against?
Chuck Bedsole responded that some of the “casino projects” were different than this one because they didn’t involve a full analysis of the project. The most comparable project that they have done is the one in Kansas City where they did recommend going ahead with the project. However, in other projects they have definitely recommended against proceeding. During his career, he thought there might have been between 10-15 projects that he had recommended against.

A&M’s presentation focused entirely on revenues. What will the expected expenses be?
Chuck Bedsole responded that while A&M’s work thus far has been with the revenues, the work going forward will entail a full financial feasibility.

Dennis Hays added that when he was reviewing the Kansas City project, they got the question of what it was going to cost the taxpayers to support someone making a lot of money in their city? He stated that the answer to this is that it would not cost the taxpayers to support such a project. He further added that the Town will not be spending existing tax dollars. The project is designed to pay for itself and provide community benefits. Naturally, there will be costs associated with the project, for example in increased police presence. However, he continued, the money taken in by the Town will more than cover these costs. The operating costs will come out of the new money coming into the Town from the casino tax.

What is the expected assessed property value if the real estate taxes are $3.5 million? What is the tax rate for this type of property(resort) versus residential properties?
Chuck Bedsole replied that he had spoken to Assessor Greg Stevens. The tax rate is 40.11 or about 4%, which will be multiplied by 17% to get the assessed value. It comes down to about $490 million market value to get to the $3.5 million. Of all the expenditures that will be made for the project, almost half of them are not taxable. For example, there will be a huge amount spent on the Thruway interchange and other road improvements, which are not taxable.

How do you evaluate the potential decline in property values for homes near the casino?
Ilan Marcoschamer responded that there was no way to empirically show that this actually happens. Based on A&M’s experience and also on the drivers for property value, they believe that the opposite will happen and that property values, including those in the communities near the resort, will increase.

If my property value drops, what will the developer do for me? Mr. Kilduff responded that there really was no answer to this question. Several audience members then stated they thought this was a fair question and that Genting should be responsible for this. One asked “is that in the host agreement? It was asked for!” Mr. Kilduff replied that since the meeting was to gather information, this would be noted.

It’s safe to say that the environmental community considers it an abomination that you will even consider this project in the heart of our protected wilderness area and right on the heels of the mulch fiasco. How can the Town allow this threat to our watershed and beautiful woodlands area to occur?
Gail Suchman resplied that the project site itself is not in a protected area although it is surrounded by the State Park and PIPC, which are protected. She went on to say that it was not at all unusual to have a resort inside a National Park or even inside a State Park. The issue is how the environmental impact on the surrounding Parks is evaluated. They are only at the very beginning of deciding on the process for the environmental review, which will be a very extensive process with a lot of public input. She further stated that impacts on water resources, storm-water and wetlands management, air pollution, traffic control, greenhouse gas emissions, noise and light impacts and socio economic impacts would all be studied.

Sterling Forest is an aquifer. What studies are planned to study the impact on it for at least one year? Sterling Forest was preserved to protect the watershed. What methods were used by the consultants to evaluate the impact of storm-water runoff, pesticides and fertilizers from the proposed gardens, effluent from the water treatment facility and pollution on the water supply?
Bonnie Franson responded that everyone is aware that the Sterling Forest area as well as a good portion of the watershed of the Town of Tuxedo is within the Ramapo River sole source aquifer system. Therefore as part of any environmental evaluation there will have to be an analysis of the impact to both surface water and ground water. This will include storm-water drainage as well as runoff from impervious surfaces. She added that there is a proposal for an expanded waste water treatment plant. At this point the proposal is that the discharge point for that will be downstream of the Indian Kill reservoir and this will have to be evaluated.

Gail Suchman added that the list given in the question above was a great starting list for things that would be looked at during the environmental review, which will be a part of the SEQRA process. She stressed that the project will not be approved until the full environmental impact assessment is completed during which there will be an opportunity for public input. There will be a requirement in the Host Agreement ,which mandates that the project must undergo a complete SEQRA review and follow all environmental rules and regulations. She further stated that after the review is has been completed, if there are areas of mitigation that are required, the developer will be required to undertake and pay for that mitigation.

With more than doubling the rooms from 400 to 1000, how much water will the casino require and how much capacity does United Water have? Where will the water come from and how will droughts impact the water supply?
Gale Suchman replied that water resources and wastewater management will all be part of the environmental review process. At this point, the consultants don’t know the exact plan. More specific information will be come in the actual application and this will all be reviewed.

Are the impact analyses such as traffic and pollutants being made based on average visits or expected peak and off peak hours? How are the estimates being made about how many people will come to the resort?
Ms Suchman responded that they would be analyzed as a worst case scenario.

Who will be the lead agency for the SEQRA review?
Don Nichol replied it would likely be the Town Board. The Town Board is starting a process, which will culminate in the issuance of a special permit for the project. Ms. Suchman added that the Town was not the only agency who would have to give approval. During the environmental review process, there are other agencies that will also be asked for approval.

Has the time-table for the Environmental Impact Statement been changed and if so how and why?
Don Nichol responded that he couldn’t say that it had been changed since the Town doesn’t have a time-table for that review. The State has recently said that after they decide where the licenses will go, time will be given for the environmental review and that the 24 month period of construction will start after the environmental review has been completed. At this point, there will be a number of state agencies involved as well as the Town Planning Board and Architectural Review Boards.

The casino does not fit the natural beauty of this area. Can changes to downscale its size and architectural style be made so that it better fits the landscape?
Alyse Terhune replied that there were a number of Town agencies, specifically the Town Board, the Planning Board and also the Architectural Review Board who must approve the project.

With the increased traffic on the Thruway, what will be done in terms of sound mitigation? Also, Genting plans an outdoor amphitheatre that will hold 2000 people. Since noise travels what controls will be included in the Host Agreement?
Gail Suchman replied that this would be part of the environmental review and that the review process would determine what mitigation would be necessary.

Genting has announced that they will shuttle guests via seaplanes that will land in Greenwood Lake. What flight paths will these planes take on their routes? Will they also plan to use helicopters and if yes, how will they mitigate noise pollution from the helicopters.
Ms. Suchman responded that this will have to be evaluated as part of the environmental review process. She also suggested that the FAA might have to be included in the process.

Why do they assume that the “high rollers” will come to Tuxedo? Can they explain the market study/justification for this? How will the “lower end players” be discouraged from coming to Sterling Forest Resort?
Ilan Marcoschamer replied that this was a positioning issue. He explained that when any project was being designed, it was positioned for its target audience and this is being designed as a high end product. This is reflected in the quality of the amenities and is manifested in things like the types of restaurants, the quality of linens and fixtures in the bathrooms. All are part of the design of the product. As far as the gaming goes, the ratio of slots to tables is conducive to higher end play. More table games and higher minimum bets filters out the “penny players or five cent players or even the $10 or $15 players if you’re a table player.” In other words, the combination of the quality of the amenity package and the mix of games and the minimum betting limits will determine who comes to the resort.

Please define the term “gaming propensity?” How do you calculate that?
Mr. Marcoschamer responded that it was the result of a fairly complex demographic model where they look at census bureau data as well as doing their own primary research in which they sample a number of households within the area of influence and they determine how many of those have actually played in a casino in the last 12 months and of those that have played, how many times and where do they play? Out of that exercise comes the propensity percentage which varies by income group, and where they are within the concentric circles which surround a resort site. All of those things are put together to come up with a percentage which for our area is about 14.5 % of the total adult population.

If a casino goes into Zone 1, are all the guarantees to Tuxedo eliminated? How does a potential casino in either Sullivan or Ulster County impact the potential financial benefits? Isn’t there a saturation of casinos in the New York/New Jersey/Connecticut area?
Answering the 3rd question first, Ilan Marcoschamer said the answer is no. According to A&M, there is enough population to sustain multiple casinos – even in the same immediate area. In their calculations, they assumed they would only capture 25% of the available visitors.

As far as the guarantees are concerned, the guarantee for the minimum intake of real estate taxes will not go away. The guarantee for a minimum of Town intake from the NYS gaming tax collection will go away if a substantial casino goes into Zone 1. There will still be an incremental intake, it will just not be guaranteed.

In your studies of the impact on housing, where do you anticipate that the lower tier employees will live and how will they commute to the casino?
Ilan Marcoschamer responded that the information that they had received from ResortsWorld was that no employees would be housed on site. All employees would be transported to and from various locations.

If the casino proposal goes through, can zoning changes be restricted to prohibit all high-density housing developments in Northern Tuxedo?
Alyse Terhune responded that the proposed zoning amendment does not allow residential development on the site. An audience member then wanted to know what about “near the site.” Ms Terhune replied that the site was pretty much surrounded by State Parks so she didn’t see any property available for development. Town Planner Bonnie Franson added that both Laurel Ridge and Clinton Woods were pretty much built out so she didn’t see any high -density development happening there. The one area where it was possible was in the Arden area but the proposed zoning amendments lowers the density for that part of Town. An audience member inquired about Benjamin Meadow/Brammertown and Ms. Franson responded that that area was all proposed for R1 or R2 zoning which is one acre zoning. That is what it is now. The only other area where there could be some construction would be Southfields because there IS the Red Apple Rest except that at this point, there is no water and sewer so to do anything there, there would have to be central water and sewer installed.

Will Tuxedo allow the construction of multi family housing to house casino employees and if so, how will that impact property values in our Town which is primarily single family residences?
Ms. Franson responded that according to existing and proposed zoning, the only places where we could get multi family housing are in the hamlets. The Tuxedo hamlet is pretty much built out. The Southfields hamlet has Southfields Heights and there could be some redevelopment of the Red Apple Rest. Other than that, the other areas of Town are not zoned for multi family housing.

What methods will be required to prevent unsolicited visitors wandering through Laurel Ridge and Clinton Woods?
Don Nichol responded that the consultants have identified that as an issue that will have to be addressed. The concerns of those residents are real and they will be looked at. At the moment, they haven’t even received the plan to start reviewing.

Please advise why a Senior Citizen Center isn’t a part of the plan?
Ilan Marcoschamer replied that a Senior Citizen Center was a part of the collective list of projects, which has been submitted. The list seen in the presentation was only representative and not definitive.

What about any improvements in Eagle Valley? The presentation showed 2 backstops in Murphy Field’s baseball field but nothing else.
Mr. Marchschamer said the same answer as the previous one applied here.

If the casino happens, will we require a paid Fire Department?
Mr. Marcoschamer replied that this was actually a possibility. A&M has evaluated and analyzed the cost of that in addition to the incremental cost of police. The cost for at least a fully paid Fire Chief to run the department has been looked at. The cost is below the minimum guarantee for property tax intake. He further added that the property tax guarantee will cover any of the incremental costs related to safety and security.

Where do we get a lease to sign for a shop (for example a jewelry shop) in the casino?
Mr Marcoschamer stated that this is an operational question and he is sure if and when the casino opens, there will be someone to talk to about that.

Is Genting intending to do Exit 15 B at Route 17A? Is that a firm commitment?
The simple answer was yes. Gail Suchman added that the interchange would be included in the environmental impact analysis.

An audience member then asked if the Town would proceed with the casino if the exit didn’t go in and all Board members answered NO!

Please describe the impact of 5 million visitors on traffic?
Gale Suchman again responded that this will be part of the environmental review process.

Will there be specific addresses to the safety of Benjamin Meadow and Brammertown Roads which are narrow and windy and can barely handle the present traffic flow?
Ms. Suchman replied yes, it will be included in the scope for the environmental review.

The Gaming Commission did stipulate casino sites “upstate” to provide economic benefits to depressed communities. Tuxedo does not meet those specifications so why is Tuxedo being considered when they are not economically depressed by any stretch of the imagination?
Ross Moscowitz replied that the Gaming Commission had set forth several sets of criteria and they would be determining if an application met that criteria.

Was any evaluation done on the impact on Northern Tuxedo versus the rest of the Town? What is the differential impact to the communities along 17A and how will that differential be addressed?
Gale Suchman responded that this was a very good question and that the consultants would make sure that was addressed in the scope as part of the socio-economic impact study as part of the overall environmental review.

Mr. Marchschamer, in your presentation all of the impacts of the casino are indicated to have an up or positive arrow indicating positive improvements. Is there not even one negative?
He replied that the slide being referenced represented what are the factors that drive property values aside from market factors. Those same impacts could be caused by a large corporation setting up shop in Town or a large development such as Related’s development coming into Town. They are not specific to the casino. The resort casino development being proposed happens to have the kind of impact that makes all of those metrics tick upward.

What happens if the guaranteed tax revenue from the casino doesn’t materialize to the degree anticipated? Who makes up the financial shortfall to the Town?
Ross Moskowitz replied that this was a provision of the Host Community Agreement that regardless of what the actual tax revenues is that they will guarantee a specific amount. The minimum guarantee for the real estate tax is perpetual and the minimum guarantee for the gaming tax will be in effect for at least 7 years.

What has been the specific and positive impact on communities surrounding other casinos such as Atlantic City, Mohegan Sun or Foxwoods?
Ilan Marcoschamer responded that it was very difficult to compare this proposed project to Atlantic City as Atlantic City is a gaming city. Tribal casinos, he added, are kind of a world unto themselves. They have a different set of benefits to their populations and a different set of obligations so they aren’t really comparable.

Dennis Hays responded that the community that he had represented near Kansas City was very similar. There were two municipalities. Edwardsville is a town of 3000 and Bonner Springs is a town of 7000. Many of the questions and concerns raised during the review process were very similar to those raised tonight. He stated “they are good and valid questions and you need answers to them.” The overall community benefit there was positive. He feels the most important concerns were the traffic concerns and environmental issues. “It will be important how those are dealt with the mitigate the impact on the community and make sure that your quality of life can be preserved through the process.” He added that there will be additional reviews and public hearings through the process. He reminded the audience that the time frame had been set out by the State and not the Town Board, which is what makes it so difficult for everyone. It is a condition of the Town Board’s approval that these issues will be addressed. In his community, generally people view it as a favorable impact on the community but they spent a lot of time trying to mitigate the impact.

Chuck Bedsole added that part of what A&M will be doing subsequent to this meeting is a benchmark analysis that will look at the geography of the Northeast and will produce as part of that, case studies, which will relate specifically to the Northeast.

Isn’t taxable revenue based on revenue in payouts? Is it based on gross or net?
Ilan Marcoschamer replied it was based on “the win.” The “drop” is the total amount of money spent on playing in the casino and after the winnings are paid out, what’s left is the net revenue.

I have read that in Norwich, Connecticut the town has not benefitted from the casino. In fact, the shops nearby are shuttered and the schools are suffering from non English speaking children. Isn’t that the area in the Northeast that is saturated with casinos?
Mr. Bedsole said that this would be part of their subsequent analysis that they will be undertaking.

Does there have to be a long form EAF done for the proposed zoning amendment?
Don Nichol replied yes, this is a requirement. It has been done already and is available on the Town’s website.

This concluded the audience questions. Next came questions from Board members.

Councilman Matthews asked how much of the $11 million revenue will the Town need to spend toward maintaining the safe community that we already have and other expenses due to a resort community coming to town?
Ilan Marcoschamer replied the cost would be under $3 million that would need to be spent toward incremental fire, police and life safety.

Mr. Matthews wondered if that covered long term expenses such as pensions and he was told that it did.

Next, Mr. Matthews wanted to know if the guarantee would go away if two casinos are placed in Orange County?

Chuck Bedsole replied no, it would not.

Mr. Matthews noted that most of this would be happening under ResortsWorld/Orange County rather than Genting. He wondered if there are assets at that company to cover any number of scenarios that could happen?
Ross Moscowitz responded that this was a good question. Clearly, ResortsWorld/Orange County would be the entity that would be building the project so all of the assets from the project will be owned there and that is quite substantial. However, they are part of a large organization (the Genting Group) so they will be discussing with them whether or not any of the other entities within the group will be standing behind the project. This is under discussion.

Finally, Mr. Matthews wanted to know if Genting was buying the property whether there would be a casino or not? (I don’t understand this question)
Mr. Moscowitz replied that Genting has said that this was their intention but it needs to be confirmed with them.

Agenda for Town Board Meeting June 23, 2014

Call to Order
Pledge of Allegiance

PUBLIC HEARING to Receive Comments Regarding Local Law Entitled “Gaming Overlay District”

Minutes
Monthly Reports
Public Comments on Agenda Items

1. Resolution to Adopt Local Law #2 of 2014 Entitled “Gaming Overlay District”

2. Resolution to Re-Adopt Resolution in Support of Resort/Casino, Updated in Accordance with
New York State Gaming Commission Requirements

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

Public Comments
Budget Transfers
Vouchers

Adjournment

Statement From Supervisor Rost

We are gratified by the strong turnout at Wednesday night’s meeting. Thank you to the community members who contributed thoughtful questions and participated in a respectful inquiry. Thank you to Alvarez & Marsal, Stroock & Stroock & Lavan and our team of consultants for their presentation and for fielding questions from the community and board members. While our financial and legal advisors were able to provide answers to many of your questions, there remain a number of important issues which require further detailed study and analyses. Questions, for example, were raised about noise, traffic, and air and water pollution and other potential impacts. These issues and all other potential impacts will be fully assessed and the answers provided during the legally required New York State environmental review process. This open process will result in a detailed report with the answers to your questions – and many others, as well – which will be available for public scrutiny prior to any final decision about moving forward with this development. We are at the beginning of an important process for our community and we look forward to seeing and hearing from you at Monday’s scheduled public hearing.

- Michael Rost, Town Supervisor

Town Supervisor's Update

Hello Tuxedo,

Our lawyers and consultants continue to gather critical data and information, as they have for the past several weeks. A presentation of their analysis to the Town Council will occur on Wednesday June 18th at 7:00pm in the George Grant Mason Elementary School’s multi-purpose room. Our financial consultant, Alvarez and Marsal, and our attorneys from Stroock, Stroock, and Lavan will be presenting. While this is a presentation to the council, the public is invited to attend and observe the presentation. I urge everyone to attend in order to better understand the facts, benefits and impacts associated with the resort project.

Everyone’s input remains invaluable to the process and I welcome your emailed comments and suggestions. All of your emails are being forwarded to our consultants for analysis, so if you haven’t submitted comments, please send them to resort@tuxedogov.org. This is a defining project for Tuxedo and you should make your voice heard.

During our regularly scheduled town board meeting to be held on June 23, 2014 we will have a public hearing regarding changing our current zoning law to allow gaming as a permitted use for the subject resort property. Notice of this proposed change was filed with Orange County, as required by law. Read more here: http://www.tuxedogov.org/News

This will be a very important week in the process, as we work to finalize the Town’s agreement with the developer, referred to as a “Host Agreement.” The host agreement sets forth tangible benefits that the town will receive for permitting this project to move forward. Some of the benefits being negotiated will accrue immediately, while others will be received over time. All of the benefits will be guaranteed, pursuant to the agreement. It has been my approach to maximize the benefits of this unique business opportunity, while establishing safeguards to protect our great town.

I anticipate Town Hall to be a beehive of activity this week as our consultants guide us through the finalization of the Host Agreement and the process of fully vetting the project and securing the safeguards necessary to protect Tuxedo.

Regards,
Mike

Michael Rost
Supervisor-Town of Tuxedo

Town Board To Hold Special Meeting Wednesday June 18 at 7pm

NOTICE IS HEREBY GIVEN that the Tuxedo Town Board shall hold a Special Meeting commencing at 7:00 p.m. on Wednesday, June 18, 2014 at the George Grant Mason Elementary School, Multipurpose Room, 11 Hillside Avenue, Tuxedo, New York, for the purpose of a public presentation by the Town’s Special Counsel (Stroock, Stroock & Lavan) and Consulting Business Advisors (Alvarez & Marsal) regarding a resort/casino proposed for development in the Town of Tuxedo.

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

Town Board to Hold Public Hearing on New Gaming Overlay District Legislation June 23

PUBLIC NOTICE is hereby given that there has been introduced before the Town Board of the Town of Tuxedo, New York, on June 11, 2014, a local law entitled “GAMING OVERLAY DISTRICT,” which local law would enact certain amendments to Chapter 98 of the Code of the Town of Tuxedo, entitled “Zoning,” to create a Gaming Overlay zoning district to allow for a gaming facility and related resort development with the Town.

A complete copy of the Introductory Local Law is available for inspection at the Town Clerk's Office and at the Town website, www.tuxedogov.org.

NOW, THEREFORE, pursuant to Section 20 of the Municipal Home Rule Law, the Town Board of the Town of Tuxedo, New York, will hold a public hearing on the aforesaid Introductory Local Law at the George F. Baker High School, One Tornado Drive, Tuxedo, New York on June 23, 2014, at 7:30 p.m., at which time all persons interested therein shall be heard.

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

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

Town Board Meeting June 9, 2014

The Town Board met on Monday, June 9, 2014 at 7:30 pm. All members were present.

Public Comments on Agenda Items:
Andy Rogers asked for an explanation of the settlement of Faire Partner’s Certiorari proceeding.

Town Attorney Don Nichol explained that it was settled before going too far in court due to the fact that Faire Partners had managed to have their assessments reduced.

Nate Wolinsky applauded the Board for adding more members to the Planning Board, which he said would be needed. He urged them to consider appointing someone from Laurel Ridge or Clinton Woods as that area of town does not currently have any representation on the Boards and they are very upset about what is being proposed with the casino.

Melissa Fierman asked for an explanation of item #2 (hiring of Alvarez & Marsal for the casino project).

Supervisor Rost responded that A&M is the company that the Town had reached out to to become the Project Managers for the casino project. If hired, A & M will coordinate all the consultants as well as all administrative tasks.

Ms. Fierman wondered how the Town had found A&M.

The Supervisor explained that A&M had been recommended to him.

Ms. Fierman then wanted to know who had made this recommendation.

She was told that the recommendation had come from residents and friends.

Next, Ms. Fierman mentioned that she had seen “surveying teams” on Route 17 and wanted to know if they were with A&M.

She was told that both Genting’s consultants and the Town’s consultants were presently working in Town studying the situation. Ms. Fierman wondered how residents would know what was “going on with that?”

Supervisor Rost replied that as the Board received information from A&M, they would make it available to the public.

Ms. Fierman inquired as to whether A&M could give her a report right then and there with regard to what they were surveying and what they had found.

Town Attorney Nichol explained that A&M was looking at comparable sites with casinos and how they affected the towns in which they are located. They are also looking at marketing and feasibility studies to determine if the casino will be a long term, sustainable entity and not just a flash in the pan. Additionally, they are checking into economic impacts as well as the nature of the deal between public and private sectors. They are also taking a closer look at Genting to find out definitively who the Town is dealing with. They are studying social impacts as well as some environmental impacts although there is a whole separate team looking at the environmental impacts. In short A&M IS giving real property advice to the Town so that the Town can in turn make sure that what is happening is beneficial to the Town while minimizing the overall impact.

Councilman Loncar stated that he was somewhat confused as he thought the investment bank, Evercore, would be providing those services.

He was informed that Evercore had a conflict and could not take on the work.

Ms. Fierman wondered why the public hadn’t been made aware of this.

The Supervisor asked her if she had received his newsletters.

She replied that she had, but she didn’t think they were specific enough.

Town Attorney Nichol stated that one problem was that all of this was happening very fast.

Ms. Fierman said she thought it was happening too fast.

Mr. Nichol went on to explain that the deadlines had been set by the State and in order to comply with those, the Town had had to hire a whole team of consultants who have been put to work analyzing the project.

Ms. Fierman replied that she thought deadlines were very unfair.

Mr. Nichol responded they the Town was doing everything they could to get as much done as possible before the next deadline. After that deadline has come and gone, they will set up a procedure to make sure that the ensuing environmental review will be very thorough.

Kristy Apostolides said she understood that the Town was working under a deadline. However, since the consultants have now been in place for about two weeks, she wondered if they had a timeline as to when the Town would know some more answers.
She was told they were presently working on putting together a timeline.

Donna Clark wanted to know if the Town was really going to get anything out of the whole “mitigation process” or would they be just “empty promises?”

Mr. Nichol replied that he expected that the Town would get some things and that one of the main goals of the current process was to figure out what they could ask for.

Kenneth English said he had done a very quick reading of A&M’s proposal and thought he had seen a cap of $250,000 for their services.

He was told that this was correct.

Mr. English then stated that he was confused as to who would pay for this.

Supervisor Rost said that Genting had deposited $3 million into an escrow account to pay for the consultants. He added that details of how the escrow account would work were presently being worked on by the Town’s lawyers and Genting’s lawyers, but Genting would be paying for the consultants.

Mr. English wanted to know if that would still be true if the eventual cost were more than $3 million?

The Supervisor assured him that the Town would not be paying for the consultants.
Mr. English then wondered what recourse the Town had if problems were uncovered during A&M’s investigations as they had already given Genting a letter of support. The Supervisor replied that the Town could withdraw their letter of support if need be. This can be done up until June 30th (the State deadline). After that, there will be things built into the Host Agreement stipulating that Genting get the necessary approvals from the Town.

Mr. English concluded by saying that he thought the Board was trying to do their best given the deadlines that they had been given, however he thinks it’s hard for the Town to get a “fair shake” within the given time period. He feels that both the Town and A&M are up against a “giant with a slingshot.”

Michele Lindsay stated that she had read through the entire application that is on the Gaming Commission’s website and she still feels concern that the term “Host Agreement” does not appear anywhere therein.

Supervisor Rost responded, “but the Letter of Support is there, right?”

Mrs. Lindsay agreed that it was.

The Supervisor then explained that if a Host Agreement wasn’t negotiated, the Town would pull back the letter of support.

Mrs. Lindsay then wanted to know if there would be a vote on the Host Agreement.
The Supevisor told her that the Town Board would indeed vote on whether or not to accept the Host Agreement.

Councilman Matthews noted that only 3 votes would be needed to accept the agreement.

Melissa Fierman noted that the Town residents hadn’t had a vote. She wanted to know why all the residents couldn’t go to the polls and vote yes or no on this project?
Town Attorney Nichol explained that such a vote was not legal in the State.

Mrs. Fierman said that the Commission said that at least 50% of the Town had to be in favor of the project and she wondered how the Board could know that this was the case if they hadn’t taken a vote?

Mrs. Lindsay added “what about the fact that of all the emails sent to the Town, “overwhelmingly 2 to 1 were against the casino?”

The Supervisor mentioned that Mrs. Lindsay had been present at a meeting in the Woodlands and asked her what had happened there. She reported that it started out with people being against the casino and then one person had spoken and turned the tide in favor of the project.

Nate Wolinsky said he had done an informal poll within the Woodlands and his results were out of the 40 people he asked, 38 were for the casino and 2 were against. The reasons people gave were that the school district needs money and that the finances of the Town are in bad shape.

Mrs. Lindsay then stated that the Woodlands is a unique little corner of the Town that doesn’t really have anything to do with the rest of the Town.

Mr. Wolinsky conceded that this was true, but noted that there were 400 votes there.

Rodger Friedman asked what the time line for the Host Agreement would be? Supervisor Rost replied that the deadline for the agreement is June 30th, however there had been some confusion about this because Genting had asked to have it earlier. The Town’s attorneys, Strook & Strook advised them that they would be ready to put together the Host Agreement when they have all the information they need and not before.

Jim Hays asked when the Board expected that Genting would provide a site plan that the consultants could analyze?

The Supervisor responded that while he hadn’t seen the plans himself, it was his understanding that the Town’s consultants have seen plans.

Ulrich Pendl stated that at the last meeting he had asked what was the basis of the general agreement to support the letter of support. He specifically wanted to know the answer from the 3 Board members who had voted in favor of the letter. Since the answer was silence, he asked the question again. Now the Board has been asked if they have seen the plans and they “admit that they don’t know,” which confuses Mr. Pendl. He went on to say that if the Town allowed the casino, Tuxedo would become a “slot machine Town.” He added that he didn’t think the Board knew what was coming.

The Supervisor responded that this is why they had hired consultants.

Mr. Pendl replied “you don’t need consultants! You need common sense.”

Melissa Fierman remarked that she thought they should just put the casino at the old Concord Hotel. She wondered what Genting would do with the area if it didn’t become a casino?

Town Attorney Nichol replied that he expected it would remain a ski center and the Renaissance Faire. He further explained that Genting does not own the property, they just have an agreement to buy the property if they get a gaming license.

Ms. Fierman expressed relief that if Genting didn’t already own the land thenshe didn’t have to worry about who they might sell the property to if he didn’t get a license for a casino.

Jim Hays asked if A&M, as real estate consultants, would study the impact on property values from increased traffic along Route 17 and 17A, Long Meadow Rd., Braemmertown Rd and others in the area? He also wanted to know if they would study the negative impact from air and noise pollution. Finally, he asked if Exit 15B on the Thruway would be a contingency in the Host Agreement.

Supervisor Rost responded that the project would not go forward without the exit.
He was then asked what if there was a “half exit,” and was told that the project will not happen without a full exit.

Mr. Hays then asked whether or not the exit would have a toll, expressing dismay that a toll might cause people to use 17 instead of staying on the Thruway.

He was told it would have to be a no toll exit or else it would solve nothing.

Melissa Fierman stated that she thought Long Meadow road would become a service road for the resort and stated that she didn’t want to see it expanded.
She was told that no one expected that Long Meadow Rd to be used that way.

Suzanne Williams stated that the casino will cause an increase in crime and compromise the personal safety and security of the resident. She feels this will negatively impact property values. She further worries about the need for lower income housing to house the custodians, chambermaids and dishwashers at the casino. She wonders where such housing will be available and fears that single family housing might be turned into multi family housing. She also wonders what the impact of that would be on school taxes?
Supervisor Rost requested that Ms. Williams give him a copy of her remarks so that he could send it on to the consultants.

Ken English stated that he’d heard that the Renaissance Faire was thinking about opening on weekdays and wondered if that were true. The Supervisor responded that there was talk of running the Ren Faire during the week in order to reduce the amount of traffic that goes there on weekends.

Mr. English was skeptical that this would work. He commented that on days that the Faire was open, it “looks like Woodstock on 17A.” He also remarked that the casino was dividing the Town with people from the northern part of Town being against it and those who lived farther away being for it. He reported that there was even talk happening about developing a northern village so that they would have a voice.

Nate Wolinsky (Chairman of the Tuxedo Democratic Committee) responded that for 10 years he has been beseeching people from the northern part of Town to run for office and has not been able to get a single person to do so. He feels that instead of complaining, the residents from that part of Town should be actively trying to run for office or get on one of the Boards in Town.

Yanni Maris (Clinton Woods) said he was “a traffic and parking guy by trade” and hopes there will be an analysis of traffic. He is concerned about what would happen to Routes 17 and 17A if there is an accident that closes down 15B. He also expressed concern about parking on 17A. During the Renaissance Festival, cars are parked all the way down to Tichy Field. Right now, they use the field on which the resort will be built and without that lot for parking, where will they put the cars?

This concern will be passed along to the consultants.

Donna Clark asked how Genting could promise to lower school taxes in the northern part of town when those are predicated on the equalization rate. She wondered if they were planning on redoing the equalization rate?

This too will be added to questions for Genting and the Town’s consultants.
Councilman McMillan asked what process was in place for questions to be collected so they could be passed on to the consultants. Supervisor Rost replied that the email address resort@tuxedogov.org was being used for this purpose. People should send their concerns to that address where they will be seen by Town Board members as well as be passed on to the consultants who are working on the project.

Kristy Apostolides suggested that a community forum would also be a good idea.

Melissa Fierman again expressed her desire for a Town Vote on the project.

Town Attorney Nichol again explained that the Town does not have the legal authority to do that.

Ms. Fierman wondered if the Town could hold a vote anyway just so they would know how the residents feel.

Mr. Nichol replied that the Attorney General and Comptroller have ruled that Towns cannot even spend money on that kind of survey.

Rodger Friedman inquired as to how much architectural control the Town would have should the license be granted.

Town Attorney Nichol replied that the project would be subject to review by the Architectural Review Board.

Mr. Friedman then wanted to know how much influence community members might have on the ARB?

Mr. Nichol responded that like all representational government, people should let the Board know their concerns.

An audience member asked if the plans were already before the ARB and he was told they were not. The Town does not have an actual application as yet. They have seen presentations from Genting but nothing specific has been submitted.

Jim Hays asked when that application was expected.

Mr. Nichol replied that he didn’t expect it until after June 30th. Presently Genting is working on getting their application complete for submission to the state by that date. After that is done, they will move on to more detailed site work.

Mr. Hays expressed dismay that by this point the time for withdrawing the letter of community support would have passed. Mr. Nichol replied that the Host Agreement would contain contingencies which would allow the Town to back out if certain things weren’t met or delivered.

Ken English remarked that the legal fees to defend such contingencies against a “giant like Genting” could be astronomical. Mr. Nichol replied that if Genting promised that certain things would happen and they were written into the agreement and then those things didn’t happen, it would be pretty hard for them to defend that no matter how big they are.

Rodger Friedman stated that a lot of people were concerned about the impact of the project on the Forest. He listed things like viewshed, impacts from light and noise and the view from trails. He remarked that if the resort were going to resemble a “Disney castle” with towers, it would heavily impact Sterling Forest State Park and the Appalachian Trail visually. This concern is apart from water,rattlesnakes or any other concerns.

Mike Reardon (Town Planning Board Chair) stated that Genting is on the agenda for the Tuesday, June 10 meeting to make an informal presentation of what the resort will look like. The meeting starts at 7 pm and Genting is last on the agenda so Mr. Reardon doesn’t expect that their part will start until at least 7:45. The public is welcome although there will be no questions taken.

Mr. Reardon went on to say that 3 years ago, he attended two Planning Board meetings in Warwick about the Watchtower headquarters being built on Long Meadow Road. He had concerns about the impact on Sterling Mine Road. He was disappointed to discover that there was not one other Tuxedo resident present at those meetings. That project directly affects the southern part of town and no one from the northern part of town was interested. Mr. Reardon stated he felt that people should give the Town Board a lot of credit. They are spending the money given them to hire a lot of experts to analyze the project and look into all the things that people are concerned with such as traffic, crime and real estate values. No one on the Board has those answers. Now is the time that we need to let the consultants do their job. When they have done so and reported back, that will be the time to sound the alarm if it is warranted.

Donna Clark stated that since the Town Board had asked for people’s opinions to be sent to an email address and comments had come in 2 to 1 against the casino, she didn’t understand how they could have gone ahead and voted for the letter of community support. She feels that this action is what is causing division in the Town.

Supervisor Rost responded that when one talked to people in other sections of Town, they were in favor of the project.

When asked for specifics he said that people in the Hamlet, Maplebrook and The Woodlands were on the whole in favor of the project.

Councilman Phelps added that the Board understands that this project is “in the backyard” of the people in the northern part of Town but in the rest of the Town, around 75% of the people favor the project.

Suzanne Williams expressed dismay that people who were against the casino had followed directions and sent in emails with their names and addresses on them and then just because Board members had talked to other people, they decided that the majority of the Town was for it.

Jim Hays added that the Board didn’t know how many people had once been in favor of the casino but had now changed their minds and were against it.

Michele Lindsay said she was happy to see that the Town was hiring consultants who were more real estate oriented. She hopes they will be looking into property values and the effect that the casino might have on those. Quoting from a letter written by Jim Hall of the Palisade Interstate Park Commission (PIPC) she pointed out the impact that the project would have on the watershed.

Supervisor Rost remarked that he had received Mr. Hall’s letter as well and he has already sent it on to the consultants.

Mrs. Lindsay asked specifically about effects on the watershed as well as the effects of traffic and air pollution and the effect on the degradation of Town Assets.

She was assured that all of these things would be studied by the consultants.

Councilman McMillan expressed an interest in seeing Mrs. Lindsay’s list of concerns.

The Supervisor assured both Mrs. Lindsay and the Councilman that if Mrs. Lindsay sent her list to resort@tuxedogov.org, they would be forwarded both to the consultants as well as all the Town Board members.

An audience member asked about the proposed Thruway interchange 15B and wanted to know if half an exit would be acceptable to the Board.

The Board members all responded that a full exit was necessary for them to support the project.

Michele Lindsay then read into the record portions of Jim Hall’s recent letter to the Town Board in which he stated that he does not support the casino project, ( Click HERE to read a copy of this letter) and that PIPC has not been approached regarding the acquisition of Park land. He also states that PIPC does not support the land acquisition nor is it authorized under their Federal Congressional Compact. Mrs. Lindsay wondered if that wasn’t a “deal breaker” for Exit 15B?

Supervisor Rost replied that since Genting and the State were still talking about the exit, he didn’t think so. He further stated that the new plan for the exit showed it could be accomplished without acquiring any Park property.

Councilman Phelps added that the bottom line is: if the exit doesn’t happen, the project doesn’t happen.

Moving on to the night’s published agenda, Supervisor Rost asked if the Board had anything to say about it.

Councilman Loncar stated he that he was against expanding the Planning Board (Item#3) for the following reasons: The Town has serious money problems and he is against spending any more money on the Planning Board. He feels the Board has been working just fine the way it is and doesn’t see any reason to expand it.

Councilman McMillan stated that he still had some issues to work through on the proposed law about parking and standing on Park Avenue (Item #5) and thus he wished to table that item.

Councilman Loncar asked why the agenda didn’t include a resolution to pay the vouchers? He noted that the Town was starting to accrue late fees.

Town Clerk Elaine Laurent replied that the bookkeeper was away and hadn’t been able to get the vouchers ready.

Councilman McMillan added that Board members could come to Town Hall at any time during the week to sign vouchers.

Resolutions:
The following resolutions were passed:

a Resolution to engage Alvarez & Marsal Real Estate Advisory Services LLC as Special Consultants regarding proposed Resort Casino Development.
a Resolution to adopt Local Law #1 of 2014 entitled Planning Board membership. This will expand the Board from its present 5 members to 7. (The resolution passed 4-1 with Councilman Loncar voting no).
a Resolution appointing Ray Ferri to the Planning Board (passed unanimously).
a Resolution appointing Rich Rigoli to the Planning Board (passed 4-1 with Councilman Loncar voting no).
a Resolution appointing Bob Currie to the Architectural Review Board to fill Darren Maynard’s unexpired term. (passed 4-1 with Councilman Matthews voting no).
a Resolution appointing Mike Rothlauf to the Architectural Review Board (vacant seat) (passed 4-1 with Councilman Loncar voting no)
a Resolution appointing Todd Tereshkow to the Architectural Review Board (Rich Rigoli’s unexpired term) (passed unanimously).
a Resolution to approve settlement of Tax Certiorari Proceeding brought by Faire Partners LLC (passed 3-2 with Councilmen Matthews and McMillan voting no).
a Resolution to grant sign permit to Tuxedo Park Garden Club
a Resolution to grant Special Use permit for Farmers; Market at Train Station. (Councilman Matthews asked if the whole parking lot had to be closed off as many East Village residents like to cut through the train station parking lot to the traffic light in order to deal with Saturday traffic. Councilman Phelps replied that it had to be closed off for safety reasons but he was going to discuss moving the Market to Powerhouse Park with Christina Tremblay).
a Resolution to grant special sign permits for Farmers’ Market and Chamber banners.
a Resolution to authorize execution of cooperation agreement amendment with Orange County for Community Development Programs. (Orange County gets Federal HUD funds for community development and distributes them through an Urban County Consortium.) (passed 3-2 with Councilmen Matthews and McMillan voting no).
a Resolution to authorize execution of agreement for Police Coverage for Renaissance Faire
a Resolution to grant special sign permit to Renaissance Faire for directional signs. (passed 4-1 with Councilman McMillan voting no)

Public Comments:
Andy Rogers thanked the Board for all the efforts they are making and said he appreciated everything they were doing.

Town Supervisor Update June 9, 2014

Hello Tuxedo,

Another week has passed and while the consultants have been busy, there is not much to report at this time. When there is information available, that information will be made available to you.

We are beginning to have discussions on the host agreement and if you would like to provide some input, please send your comment to resort@sterlingforest.com. Your comments will be forwarded to our consultants.

There are a lot of questions surrounding the negotiation of the host agreement. Our legal counsel has advised us that the host agreement negotiations will commence when we have all of the information necessary to begin that process. Again, I will make that information available when it is made available to the board.

While there is a lot happening in town with the resort casino, we still have regular town business to attend to. The board meeting on 6/9 will deal with town business and a meeting will be scheduled for next Monday 6/16 to address resort casino business.

Regards,
Mike

Agenda for Town Board Meeting June 9, 2014

Call to Order
Pledge of Allegiance

Minutes
Monthly Reports
Public Comments on Agenda Items

1. Town Supervisor/Town Board Update

2. Resolution to Engage Alvarez & Marsal Real Estate Advisory Services LLC as Special Consultants Regarding Proposed Resort/Casino Development

3. Resolution to Adopt Local Law #I of2014 entitled "Planning Board Membership"

4. Resolution to Appoint Planning Board and Architectural Review Board Members

5. Resolution to Introduce Local Law entitled "Amendment to Vehicle and Traffic Law" to Regulate Vehicle Parking and Standing on Park A venue

6. Resolution to Approve Settlement of Tax Certiorari Proceeding brought by Faire Partners LLC

7. Resolution to Grant Sign Permit to Tuxedo Park Garden Club

8. Resolution to Grant Special Use Permit for Farmers' Market at Train Station

9. Resolution to Grant Special Sign Permit for Farmers' Market and Chamber Banners

10. Resolution to Authorize Execution of Cooperation Agreement Amendment with Orange County for Community Development Programs

11. Resolution to Authorize Execution of Agreement for Police Coverage for Renaissance Faire® 2014

12. Resolution to Grant Special Sign Permit to Renaissance Faire® for Directional Signs

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

Public Comments
Budget Transfers

Adjournment

Town Supervisor Update

Hello Tuxedo

Last week was a busy week assembling the team who will guide us throughout the resort at Sterling Forest project.

In addition to the Stroock legal team we have retained the services of Alvarez and Marsal http://www.alvarezandmarsal.com/. A&M is a multi-faceted, global professional services firm. A&M will be responsible for analyzing the business, economic and other impacts of the project on the Town. A&M will also be responsible for identifying, sourcing, and managing our additional consulting needs and analyzing the proposed financial business model from Genting. A&M will be our “Project Coordinator” using their multi-faceted organizational structure to gather all of the information, organize it, and make sure nothing is missed.

Let me introduce the rest of the consultants who will be working on your behalf:

H2M – SEQRA, environmental oversight, engineering http://h2m.com/

Bagdon Environmental - Ecological and wetlands http://bagdonenvironmental.com/

Sandstone Environmental - Noise and air http://sandstoneairnoise.com/

CDM Smith - Traffic http://cdmsmith.com/en-US/Discover-Us.aspx

These firms will be responsible for verifying the representations of Genting, while compiling test data and models of their own.

While last week was a busy week, there is very little real progress to report at this time, as we worked on putting the team together. As information begins to flow, I will ensure it is shared with you. I am confident we have the right people in the right places to ensure there are no short cuts taken and that the interests of the Town are fully protected.

Regards,

Mike Rost

Agenda for Special Town Board Meeting - Executive Session - Tuesday June 3

Call to Order
Pledge of Allegiance

1. Resolution to Enter into Executive Session for the Purpose of Receiving Advice from and
Formulating Strategies with Consultants Regarding Proposed Resort/Casino Development

Adjournment

Town Board Meeting May 27, 2014

The Town Board met on Tuesday, May 27, 2014 at 7:30 pm. All members were present.

Public Comments on Agenda Items:

Jim Hays had a handout for Board members on the subject of casinos. (Click here to read a copy of the handout). He said he thought there was grave misunderstanding about the economics and history of casinos. He reported having read a book called “Gambling in America, Costs and Benefits,” over the weekend and he gave an overview of the book. In most areas, he said, the costs of casinos exceeds the benefits by a margin of 3 to 1. Although he acknowledged that residents in the southern end of Town feel they won’t be affected by the casino, in his opinion this is not true. There will be increases in traffic and police costs as well as increases in bankruptcies, crime and drunk driving. These things will affect people in Sloatsburg and Suffern as well. The effect will be felt for a radius of 30 miles. He added that there will be problem gamblers which make up 30-40% of a casino’s revenue. Atlantic City used to be known for its boardwalk and its Miss America Pageant, but now it is known for casinos. If a casino comes to Tuxedo, it too will be known for its casino. He urged the Board to think long and hard about the cost of a casino. If in 7 years, another casino is built in Rockland or Westchester County, people will no longer come from there to go to our casino. Occasionally, if a casino puts a percentage of its profits back into a community as do some of the ones on Indian Reservations, that can be a good thing, but he feels that that won’t be the case here.

Sue Scher asked if the Board had gotten any clarification on whether or not there would be a further vote by the Board on a host agreement.

Town Attorney Don Nichol responded that the Town has hired a firm of attorneys from New York City to advise them on the casino. There is a draft host agreement and the New York firm is currently reviewing it. The Board will have to vote on whether or not to accept the agreement. That will happen around the end of June when the application period is over.

Ms Scher asked if someone could show her where this timeline was detailed in the guidelines issued by the State.

Mr. Nichol replied he didn’t think that it was in the guidelines, but the Town will not go forward without a host agreement which they approve of. The letter of support, issued at the last Board meeting, required Genting to deposit $3 million into an account so that the Town could hire consultants and experts to put together a host agreement. The law firm that the Town has hired has a lot of expertise. They worked on the Citi Field project and there is a member of the firm whose area of expertise is gambling. He is familiar with the Genting Corporation.

Tony Davidson pointed out that the original language in the letter of support was highly conditional but the new language is not. He wondered to what extent is it actionable against the Town if they are unable to come to an agreement on a host agreement?

Mr. Nichol responded that there would not be another letter of support until the Town is sure that they have a host agreement that is satisfactory. This condition has been written into the deal with Genting.

Supervisor Rost added that the Town has hired legal help and is in talks with a finance company analyze the business plan. They will also be hiring an engineering firm to bring in consultants and oversee the studies on traffic and the environment.

Attorney Nichol went on to say that while they would have generic answers by June, site specific answers would come in during the regular review period.

Tony Davidson then asked “so is it fair to say that the resolution itself will not have conditions but that the host agreement will have conditions going forward?” He was told yes.

Ulrich Pendl asked who would be the lead agency for the SEQRA process.

He was told that the Town Board would be the lead agency.

Supervisor Rost then stated that the Town has hired a legal firm, and they plan to hire financial analysts (Evercore) and have been talking to several engineering firms. Those people will be handling the review. If any of those firms should tell the Town that the project can’t be done, then it won’t be done.

Mr. Pendl next stated that Evercore was one of the largest financial firms in the world. He asked “why do you think they want to work for you?”

The Supervisor replied that they were one of the companies that he had reached out to.

Mr. Pendl then stated that he thought that all these companies merely wanted to get close to Genting.

Tony Davidson said he had several questions regarding the consulting arrangements.

Who will be on the negotiating team and how does The Board anticipate that team will receive community input, particularly from residents at the north end of Town?

The Supervisor responded that Strook & Strook is coordinating this and they do want to tie in with community input. They are working on how that will happen.

Will the email comments received by the Town be provided to the negotiating team?

He was told yes they would.

Mr. Davidson further asked if the Supervisor could quantify those comments into for/against and whether they would be available for public reading.

Supervisor Rost replied he had received 262 emails and there were approximately 180 against the project and 90 or so for the project—in other words, 2 to 1 against.

Gerald Howard of Tuxedo Park said he wanted to “register” a couple of things that he found both confusing and disturbing about the last meeting, held in the High School auditorium. First was the way the proceedings were framed—there was a comment period and then Supervisor Rost presented his point of view. But, the way his point of view was stated was as if the decision were a “fait accompli.” Many people in the audience were wondering if the vote had already been taken and the Supervisor had merely been presenting them with the results of that vote. The way Mr. Howard had expected things would happen is that the Supervisor as well as the other Council members would present their points of view and then there would be a vote. However, the only point of view presented was that of Supervisor Rost. Mr. Howard’s second concern was that the audience had never heard from the other council members and the

Supervisor had not given histhoughts, pro and con. Mr. Howard feels that this is something that any democratic process should have, especially one that is so epically determinative on the future of the Town. He wondered “what’s another half an hour when you’re talking about the future of the Town?” The third thing that bothered Mr. Howard was that it seemed as if the Council members were not entirely sure of what they were voting on. He inferred this from Councilman McMillan’s “anger” when he found out what he was voting for. Mr. Howard wanted to know what process led up to the vote? Next, he pointed out that when a technical question came up, Town Attorney Nichol turned to Colin Au of Genting to answer the question. Mr. Howard feels strongly that not only should Mr. Au have not been giving advice on this matter, he should not have even been present in the building! According to Mr. Howard, in a process like this not only is propriety important, but the appearance of propriety is important. The impression that Mr. Howard got was that there was a lot of chaos and misunderstanding in the process leading up to the vote. On top of this, it was his impression that the guidance behind this process was “very much from Genting.” Instead of being kept at arm’s length, they had a direct input into the decision making process. He cautioned that if the Board was going to go ahead with the proposal, they should be very careful about the way it looked to the community. He added that he knew the entire Board was working very hard that all of them were “good and honest men.” He said he was not accusing them of anything, but he warned that they needed to be careful because when it looks bad, they breed a lot of suspicion and a lot of opposition. The Supervisor thanked Mr. Howard for his comments, stating that they were well put.

Kristy Apostolides wondered if the Board would outline how they were planning to work with community groups about input in the host agreement. She said she had been working with a group in the North part of Town and they were ready to go.

Jim Hays added that there were many groups all over Town that were wanting to participate.

Sue Papke asked how many consultants were being brought in.

Supervisor Rost responded that he was looking into 3 major consultants…the legal team, the financial team and an engineering team.

Mrs. Papke then asked about environmental consultants and she was told that this would fall under engineering. She further commented that since this was a major project, perhaps the Town could get Genting to finance “a $200,000 a year Project Manager” to managed things all the way through. The Supervisor replied that this is something that can be done. He feels that the Project Manager will come from the Engineering Consultants.

Councilman Matthews interjected that he felt it was important that people know that whatever consultants Genting has, the Town will match them “nose for nose.”

Town Attorney Nichol added that a large part of the problem was the short time frame dictated by the State. If the Board hadn’t acted quickly, they wouldn’t have been able to get money in to evaluate it. He went on to say that he understand how this might have looked, but he didn’t feel that the Board had a choice if they wanted to study the project as much as possible. They are working on the best method to share the information that they get from the consultants with the Town residents.

Jim Hays asked when Genting would present plans.

The Supervisor responded that he would be meeting with them either Wednesday or Thursday.

Mr. Hays added that he felt the proposal seen by the Town was too “glitzy” for the location. In his opinion, something that looked more like the Bear Mountain Inn would be more appropriate and he urged the Supervisor to tell Genting that the current proposal looked like it belonged in Cancun.

Michele Lindsay recalled that at the first Town meeting with Genting, Christian Goode had been asked how much water the project would require and he had answered that he didn’t know. She wondered how, in this time frame, they could possibly go from not knowing how much water is needed to having a fully engineered, LEEDS certified waste water treatment facility that consultants could look at?

Town Attorney Nichol replied that this would not happen in a month. In that time frame, there will be generic review which will include traffic and financial reviews – the major impacts. He added that water supply and sewage were more “site specific,” and they will be handled in the “ordinary review process.” He felt they might have a “ballpark” feeling by next month and this will be part of the contingency that the developer needs to meet expectations. The totality of the process will take two years. The specific reviews will take place if the project is selected by the State site selection committee. The Town should have a “macro picture” by the end of June, but the details will have to be worked out during the two year period should the project be selected.

Mrs. Lindsay further stated that she had been told by another municipal lawyer that no one really knew if and how the Town could go about withdrawing their letter of support if they ultimately decided they did not want to see the project progress. She wondered why the Town would want to enter into something they might not be able to get out of.Town Attorney Nichol stated that while the State has not been exactly clear about this process, they have stated that a full SEQR review will have to take place. That’s where the Town will be able to do something further if they should find something that they feel can’t be mitigated.

Uli Pendl then asked again who the lead agency for SEQRA would be and he was again told the Town Board.

Mrs. Lindsay reiterated that she feels that if the Town can’t be sure that there’s a way out of the project, then they shouldn’t go into it in the first place.

Mr. Nichol responded that the host agreement would have contingencies. If the Town can’t answer a question, for example on the environment, there would have to be a contingency put into the host agreement. If Genting can’t answer the contingency, the project will not go forward. Another contingency will be the Thruway Exit at 15B. If they can’t put that in, the project will not happen.

JoAnn Hanson asked when the State would be making a decision about which projects would get approval. She was told it would probably not be until mid-November – after the election!

Andrew Coyle asked when the Host Agreement needed to be signed and he was told it had to be in place by the end of June as it has to be part of the application.

Uli Pendl asked on what basis did the Board members who voted to sign the letter of support base their support of the project? Reiterating what he had written in his email, Mr. Pendl said there had been no rush to write a letter of support and he urged the Board to take their time.

Supervisor Rost explained that in order to get the money with which to hire consultants, the Board needed to sign the letter of support.

Mr. Pendl replied that he thought the whole subject needed a lot of more basic thought before going forward.

Mike Squillini said he thought the Board was doing a great job, especially considering all the pressure they are getting from all sides.

Supervisor’s Update:

Supervisor Rost began his update with a shout out to all the volunteers that helped with the Memorial Day parade, services as well as the Library picnic.

In regard to the casino, he assured the residents that neither he nor the rest of the Board take are taking the project lightly. They are going to do their best to hire world class consultants that will put them on a level playing field with Genting and make it possible for them to make sure that they are able to protect the Town for the future. He pledged to keep everyone updated as much as possible.

Regarding the mulch facility, he said he had forwarded invoices to Perfect Cut through Town Attorney Nichol who has been working with Perfect Cut’s attorney to make sure that they come into compliance with the DEC.

Mr. Nichol added that Perfect Cut’s attorney had reported that day that they were in compliance with the exception of paying the $15,000 fine that has been levied. They have requested time and papers to allow them to pay this in installments.

Sue Scher stated that as of last Thursday, the windrows at the facility were not in compliance.

Attorney Nichol replied that the DEC has now given them until October to bring those into compliance.

Councilman Matthews asked how much Perfect Cut owed the Town “right now.”

Attorney Nichol responded about $85,000 –there are invoices of approximately $57,000 and 2 bills, one for monitoring of $13,000 they need to reimburse the Town for and $15,000 for attorney and engineering fees on top of that.

Councilman Matthews theninquired about the dirt pile, also located at the facility.

Mr. Nichols said he’d spoken to Perfect Cut’s attorney about it and he had been unaware of it.

Supervisor Rost stated that this has become a priority for the Town. They are working first on the invoices and then the lease.

Lastly on Related and the Tuxedo Farms development, the Supervisor reported that they were currently consulting with H2M for specifications for the sewer plant.

Councilman Matthews said that he thought Gerald Howard had made very good points earlier in the meeting and he acknowledged that Tuxedo Park resident Dan Gladding has also asked why the Board voted the way they did. He said he hadn’t commented at the last Board meeting because he was literally speechless after the Town Attorney deferred to Genting to answer a question. He then went on to enumerate his reasons for having voted no on the letter of support. First, he had been asked to approve a letter of support for the resort casino without the benefit of any legal advice. Second, he felt there was not enough time for propper review. He feels that mistakes will be made and they will be irreversible. Thirdly, although he wanted to talk about it when Mr. Gladding asked his questions at the last meeting, he didn’t feel comfortable coming out in front of an entire auditorium filled with people and saying he didn’t know what was going on, because he didn’t. So, he voted no. Fourth, because he is nervous about the time, he is beginning to think that the Town won’t be doing studies. Instead he feels they might be reviewing Genting’s studies and he doesn’t think this is right. He gets the feeling that the Town will trust, but verify. He also pledged to ask the Town’s consultants to provide statistics on what’s happened to other communities who have had casinos, such as Foxwoods or Mohecan Sun.

Resolution to Engage Special Counsel Regarding Proposed Resort/Casino Development:

The Board voted unanimously to hire Stroock & Stroock & Lavan of New York City to represent the Town’s interests and act as its Special Counsel for the resort/casino project.

Resolution to Re-Adopt Resolution in Suport of Resort/Casino, Updated in accordance with the New York State Gaming Commisstion Requirements – This resolution has been tabled on advice of the Town’s new counsel.

Other Resolutions:

The Board passed the following resolutions:

a Resolution to approve participation in the Orange County Homeland Security Grant Program – as explained by Chief Welsh this is because we have a Metro North Station as well as a DOT Checkpoint on Route 17. It’s something the Town has been doing for the last 9 years and it is fully funded by the County.
a Resolution to authorize Town Clerk to attend Training School presented by the New York Association of Local Government Records Officers from June 8-10 in Lake George, NY
a Resolution to authorize agreement for police coverage at Spartan Race Event at Tuxedo Ridge Ski Center on May 31-June 8th
a Resolution to award the bid for purchase of surplus police vehicle to Jersey One Auto Sales, Inc. for $1,081.99

A Resolution to authorize execution of cooperation agreement amendment with Orange County for Community Development Program was tabled so that the Board could do further research on the subject.

Public Comments:

Sue Scher wondered if the Town had been approached by the Pilgrim oil pipeline for permission to come through the Town. She was told no.

Mike Squillini asked if the Town Police had any authority over the Thruway.

He was told no.

He then said that twice recently, tanker trucks had parked by the crash gate and kept their engines running which was disruptive. Chief Welsh told him if it happened again, he should call the police who could deal with the state police to make the trucks move as that is not a rest stop and it is not allowed.

Mr. Squillini also wanted to know if the traffic studies to be done for the resort/casino would include the Thruway.

He was told yes.

Sue Papke asked about the status of the budget and the audit. Supervisor Rost replied that he believes the auditor is finally done although they have mentioned there a few items they want to follow up on. The Town will meet with the auditors for their report. Now that the auditor is done, the Bookkeeper can reconcile the budget. Mr. Sullivan has been on vacation but will be doing this upon his return.

Mrs. Papke then inquired about the Financial Advisory Committee. The Supervisor said they had met once.

Councilman Loncar asked who was on the Committee.

Supervisor Rost responded that the Committee consisted of Tamer El Rayess, Fred Jones and Brian and Pat Sullivan.

Councilman Loncar wanted to know why the Supervisor was meeting with this Financial Advisory Committee if he hadn’t met with the Town Board.

The Supervisor thanked him for his comments.

The meeting was then adjourned.

Letter From The Supervisor May 27, 2014

Hello Tuxedo,

This letter is the first of many communications that you will receive to keep you informed about the proposed Sterling Forest Resort Casino project. Communication and information sharing are critical components of this process, and your town board will make good on the commitment made to you to be open and transparent.

Upon passing the resolution of support on Monday, May 12, we immediately began searching for professional service firms and consultants to help us deal with and manage this project. The Town Board understands that the size and scope of this project is immense, as well as the implications and impacts on the town for generations to come.

Selecting a legal team with world class capabilities to represent the Town of Tuxedo in this process was our first priority. The Town Board has selected Stroock & Stroock & Lavin.

http://www.stroock.com/sitecontent.cfm?contentID=2

The lead attorneys for the project are Mark Rae, Ross Moskowitz, Frank Merola and Jeff Lowenthal. They will be the managing this project and they will assist the town with selecting additional consultants who will be on par with the developer's team. These consultants will provide analysis and guidance to safeguard the future needs of the town in the areas of traffic, environmental impact, and public safety, to name several.

An added benefit of having Stroock as counsel on this project is having Gail Suchman on their team and Gail is one of the top environmental attorneys in the country.

http://www.stroock.com/sitecontent.cfm?contentID=49&itemID=945

Once realizing the enormity of the proposal, which will have the developer expending over $500 million, we did not limit our hiring to merely a top law firm. Pending board approval, we will retain the services of Evercore Partners. http://www.evercore.com , a top global investment bank headquartered in Manhattan.

Evercore will conduct a thorough analysis and review of Genting's proposed business model for the site, in order to verify critical aspects of the project, including projected revenues, attendance, and the long term viability of the project. We are trying to assure ourselves and each of you that the project can succeed and will not become a white elephant or hulking wreck of a failed experiment. The extensive and informed business analysis by Evercore will aid us greatly in understanding the true potential, or not, of this project.

Throughout this process, I have reached out to several members of the community to help navigate through the trepidations of the town residents. A vast amount of my time and attention has been focused into searching, screening, interviewing and, ultimately hiring these two firms. The Town Board deliberated upon the various alternatives, and came to an informed conclusion.

The Town's costs for this work are being funded entirely by the developer and the developer has already advanced the town a sizable deposit in order for these experts to be engaged.

There is a lot more work to do. We will be particularly focused on the traffic and the environmental impacts with respect to this project, in addition to securing a most beneficial deal for the town. We will work with our consultants to reach out to the community and ensure your thoughts and concerns are not only heard but acted upon.

I continue to appreciate receiving your comments and input regarding this important matter.

Respectfully,
Mike Rost

Agenda for Town Board Meeting May 27, 2014

Call to Order
Pledge of Allegiance

Minutes
Monthly Reports
Public Comments on Agenda Items

1. Town Supervisor/Town Board Update

2. Resolution to Engage Special Counsel Regarding Proposed Resort/Casino Development

3. TABLED - Resolution to Re-Adopt Resolution in Support of Resort/Casino, Updated in Accordance with New York State Gaming Commission Requirements

4. Resolution to Approve Participation in Orange County Homeland Security Grant Program

5. Resolution to Authorize Execution of Cooperation Agreement Amendment with Orange County for Community Development Programs

6. Resolution to Authorize Town Clerk to Attend Training School Presented by the New York Association of Local Government Records Officers June 8- 10,2014 in Lake George, NY

7. Resolution to Authorize Agreement for Police Coverage at SpartanRaceTM Event at Tuxedo Ridge Ski Center- May 31-June 8, 2014

8. Resolution to Award Bid for Purchase of Surplus Police Vehicle

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

Public Comments
Budget Transfers
Vouchers
Adjournment

Town Board Meeting May 12, 2014

The Town Board met on Monday, May 12, 2014 at 7:30 pm in the High School auditorium. All members were present.

Public Comments on Agenda Items:

The first speaker was Colin Au of Genting Group who said he was speaking on behalf of Genting Chairman K.T. Lim who was in the audience. He stated that the vote to be taken at this meeting was the first step in bringing a world class resort casino to Tuxedo, and went on to give a short overview of the proposed project.

Maureen Blum – Laurel Ridge, stated that she had 3 concerns about the project. Her first concern is the water supply. She stated residents living in the northern part of town already have problems with water and she wonders what will happen if the resort is added. Her second concern is the Thruway entrance. She wonders what happens if PIPC refuses to give up the necessary land to build the new interchange. Finally, she wanted to know what, if any, safeguards the Town has to make sure Genting makes good on all of its promises?

Jim Mezzetti – owner of Tuxedo Ridge Ski Center, thanked the Town for its support over the years. He described the Genting proposal an amazing opportunity and urged the Board to give them the chance to build their proposed resort.

George Mollo – The Woodlands, stated that he is not a gambler nor is he in favor of gambling. However, the supports the project because he as been actively involved in reviewing Tuxedo School budgets for over 10 years and he feels that unless someone with “very deep pockets” comes along to bail out the school, there will be no school in Tuxedo.

Bill Sweet – Chamber of Commerce President, stated that the concerns of the citizens are valid and are of great interest to the Chamber. However, he would ask the Board to also consider the effect that Sterling Forest Resort would have on local businesses. 40 years ago, Tuxedo had a hospital, a doctor, a drug store, a car dealership, and a grocery market as well as corporate centers of International Paper, Reichold Chemical, Union Carbide and IBM. Today, all of these businesses are gone. The largest employer, by a factor of 10, is the public school district, which has been forced to lay off 11 employees at the end of this school year. Thankfully, this trend has started to reverse as there is a new owner of Duck Cedar Plaza, there’s a new owner of the old IGA Building; a new multi million square foot headquarters for Watchtower is being built on Long Meadow Rd and Tuxedo Farms is set to begin construction in the Fall. The question is no longer whether or not the property on which Genting proposes to build its resort will be developed because it will be. Rather, the question is whether or not Genting is the right partner for the Town and the Chamber believes that they are. Their reasons for this are as follows: 1-Genting is a well capitalized and professionally run organization with an interest in connecting with the Tuxedo Business Community. They will bring much needed employment and economic activity to the Town and will soon be the largest employer by a factor of 10. 2-They will bring much needed infrastructure changes such as 15B. The developments that are already here are in great contrast to that as they are taking more and more properties off the tax roll. With this in mind, the Board of Directors of the Chamber as along with a majority of their members urged the Town to accept Genting’s proposal. Mr. Sweet noted, however, that this is just the beginning and not the end of negotiations with Genting to make sure that the needs of the residents are met so that a strong economic future can be built.

Sally Sonne – Tuxedo Park, said she had heard lots of negative comments about the affects of gambling and casinos. But, she cautioned that people need to remember that the citizens of New York State had voted to allow 4 casinos. If the casino is not in Tuxedo, the town will still see all of the negative fallout from a casino but none of the money or the positive improvements that Genting is promising. Therefore, she supports the project.

Dan Gladding – Tuxedo Park, said that while he would love to see more ratables in Town to help reduce property taxes, he doesn’t believe that allowing a casino resort is the way to do it. Rather he feels that introducing a casino in Town would forever change the rural character of the community. He is also concerned about building out the project in the 24 months mandated by the State. He pointed out that approvals for Tuxedo Farms took 20 years and said he didn’t see how Sterling Forest Resort would benefit from the values of the Town when the project had been “incredibly fast tracked.” He added that he also didn’t see how the proposed Exit 15B could possibly be completed in that time frame since the Ramapo River, PIPC and the railroad right-of-way are all involved. Consequently, traffic on Route 17 would be unbearable and dangerous. While he lives in the Park and thus wouldn’t be impacted by the day-to-day operation of the casino, he is very sympathetic to his neighbors in the North end of Town who would have to deal with it. Finally he is concerned that property values all over Town will decline. He observed that it seemed to him that a majority of Town residents are against the casino and he asked the Board to respect that and vote no.

Andy Rogers – Maplebrook, stated that he is in favor of the project. However, he listed the following concerns that he felt must be addressed: Exit 15 B must be toll free or else it will be under utilized; 17A must be improved; extra fire trucks will be necessary; a new railroad station at the intersection of 17A and 210 with jitney service to the casino or, jitney service from Tuxedo and Harriman stations and finally for the residents in Town, some form of swimming which does not currently exist.

Wayne Reuvers - Sterling Lake Rd., is in favor of the project but said the Town must impose conditions. They must hold Genting’s feet to the fire and make sure they deliver on all the promises they have been making. If they do that, he feels it will improve life in the town and increase property values. The reality is that none of it would be possible without the casino.

Michael Torregiano – Benjamin Meadow Rd., stated that although he will be personally negatively impacted by the project, he thinks this is a once in a lifetime opportunity for the Town and he urged the Board to approve the project.

Karen Dougher – Brammertown Rd., likened the speed with which the Genting project is being pushed through to the building of the Boulders Stadium in Rockland. Today, they are facing fines due to having filled in wetlands illegally. Ms Dougher is a CAD operator, producing construction drawings. She feels the time period allowed for this project is unrealistic. She also said that getting LEED certification, something Genting proudly says they will do, takes much longer than 24 months. Finally, she expressed concern about increase in crime and DUI fatalities.

Susanne Williams - Tuxedo Park, quoted the proverb “he who takes the king’s shilling is the king’s man.” She fears that once the Town takes Genting’s money, they will have too much control and influence over our Town.

Sue Papke – Eagle Valley, said she loved the Town of Tuxedo but she pointed out that the Town had a $1M deficit this year; a failing school which will impact property taxes; and it has the Jehovah’s Witnesses, which is going to bring 75,000 visitors a year. Since the Town is in need of financial stability, she is in favor of the project which she views as an amazing opportunity for Tuxedo. She sees the development as a 5 star resort, which just happens to have a casino. While she feels sympathy for the residents of Laurel Ridge and Clinton Woods, she feels those residents will still be able to escape to their communities. The Town needs 15 B for the 75,000 visitors to the Watchtower property as well as Tuxedo Farms. She asked the Town to please support Sterling Forest Resort for the future growth and future health of the Town.

Doug Austin – Laurel Ridge likened the Genting project to a side show at a fair where you are promised a bearded lady but if you pay and go inside, that’s not what you see at all. He acknowledged that the Town needs help financially but feels that this proposal is not the answer.

David Fierman – Laurel Ridge, agrees that the town needsfinancial stability but thinks this is not the answer. He suggests the board investsome money in conslutants consultants to help us bring the right people and projects to the Town.

Dena Steele – Tuxedo Park, commented that she moved to Tuxedo for the peace and quiet and small town atmosphere. She is afraid that if the Board votes for the project, they will be putting the Town’s future into the hands of a corporation. Corporations and religious groups have come into Town and she hears complaints such as “what can we do? They have SO much money!” but she feels that if thishis Town can’t even manage to run a mulch pile properly, how can they expect to be able to manage a casino in the neighborhood??” She asked what safeguards does the Town have in place in case Genting does not perform? She feels that Sterling Forest is a unique asset to the Town and that they should capitalize on it. Lastly, she is worried about traffic during the construction phase. Since this will be constructed on the north side of Town at the same time as Related is breaking ground and building on the South side of Town and the Thruway exit will not be in place, where are all the trucks going to go? She urged the Board to plan the town’s future and not have it hijacked by Genting.

Kristy Apostolides – Laurel Ridge, said she’d grown up in Laurel Ridge, then left for a while and has recently come back to raise her family here. A casino was definitely not part of what brought her back. She feels strongly that the decision to back or not back the proposal should not be based on fear of the unknown; fear that the land will be purchased by a tax exempt organization or fear that the Town is too far in debt. Instead, she urged the Board to consider the facts: In 2011/2012, Tuxedo had one reported incident of crime. If 10,000 people a day (more than 3 times the total population of the Town) come into Town (as projected by Genting) crime will rise. It’s also a fact that 80% of a casino’s gross revenues comes from slot machines. Part of winning the license from the State includes the ability to maximize profits. She believes that Genting knows this. She stated that she is against the casino and for smart development with longterm vision. She commented that if North Tuxedo were a Village, this development wouldn’t be happening because the people who live there do not want a resort casino. She urged the Board to stand behind those residents and vote no. She also urged them to take their time and not vote that night. If the Board were to vote yes on the project, they should appoint a Quality of Life review panel made up of self selected residents from the north end of Town.

Toni Harling – Laurel Ridge, said that she had listened carefully to the pledge of allegiance as recited at the beginning of the meeting. When she heard the line “and justice for all,” she thought there is no justice in this proposal, it’s all about money! She urged the Board to vote no.

Paul Bumbar – Laurel Ridge, stated he was strongly opposed to the Board approving a proposal for a resort casino anywhere in the Town of Tuxedo, but especially in Sterling Forest. It is not the answer to the Town’s very pressing financial problems. Speaking as a pensioner and a receiver of social security, Mr. Bumbar said the prospect of lower taxes was very attractive. However he does not think it outweighs the cost to the community, which he sees as the degradation of a world-class natural habitat. He further commented that traffic congestion on 17A will only get worse as will noise, air pollution and light pollution. Water and sewer problems have not been addressed and those will also only be aggravated, he believes. He sees this project as violating the spirit and intent of the Sterling Forest Partnership for which many people fought.

Dave Titus – Laurel Ridge, commented that he has lived in Town for 25 years and has always hoped he would live in Tuxedo for the rest of his life, but with a casino in town, he’s not sure he would want to stay. In listening to the arguments supporting the proposal, they all seem to be based on economic hardship. He thinks a better solution would be to take the kids from his end of Town and put them back into the Tuxedo School district. There are other ways to solve the Town’s problems than to accept a casino.

Jim Wrynn – Laurel Ridge, described the proposal as too much too soon and too fast. He asked the Board for time so that the residents can have a full voice in making the decision about the project. He proposed a vote on school budget day.

Andrea Caparulo – Laurel Ridge, said she’d moved to Tuxedo from New York City for the beauty and the way of life. She feels a casino will destroy those and bring increased crime as well as traffic and pollution. She recognized that the Town has financial problems but urged the Board to find another way to solve them.

Joanne Vernon –Eagle Valley/ President of the Tuxedo Union Free School Board of Education. stated that these are hard times for the school. Their board hired consultants last year and the resulting plan included the opening of a STEM Academy as well as plans for applying to become a conversion charter school. Due to declining enrollment, next year will be extremely challenging for the district. The proposed Genting application would help the school tremendously. The promised donation would allow them to make substantial improvements to the school building, renovations to the gymnasium as well as building a state of the art technology center. The majority of the Board of Education believes it is in the best interest of the school district for the Town Board to support the application.

Supervisor Rost thanked everyone for attending the meeting and commented that the debate over this proposal had been spirited but there was one common element in everyone’s speeches, which was that everyone cares very much about the future of this Town. He stated that he had run for Supervisor promising openness, inclusion and change. He said he had talked to many many residents and had reached out to stakeholders in Town for their opinion. While this is not the change he had envisioned during his campaign, change has certainly come to Tuxedo. He feels the Town is locked in a battle for its future. Many of the comments he’s heard have been based on fear. Fear of the future and fear of change are normal, he observed, but fear shouldn’t drive the decision about the future. He doesn’t feel the Town can any longer hold on to what Tuxedo used to be and that it seems to be already losing what Tuxedo is. There are development pressures all around us, most prominently to tax exempt groups, one of which has expressed its opposition to paying its fair share. Current economic problems are real. At the school, 11 employees have lost their jobs. The story got worse when the High School Principal decided to leave. Layoffs may be coming in the Town government as well as they try to bridge the gap in their budget. Environmental interests have a proud legacy in Tuxedo as they have defeated more than one proposed development, which has resulted in 77% of the Town being made up of Park land. Sterling Forest Partnership has succeeded in preserving thousands of acres of land and he applauds that accomplishment. But, change has already come to Tuxedo. The area at issue has always been commercial with first Sterling Forest Gardens and then the Renaissance Faire and Ski Center. There are many undeveloped acres and the Supervisor feels it is unlikely that the area will remain exactly as it is for much longer whether or not this resort goes in. One of the biggest responsibilities for the Supervisor and Town Board as well as the Planning Board is how to shape the redevelopment of the Town in order to provide the maximum benefit to the residents of Tuxedo. Before the Board is a proposal that would contribute a game changing amount of additional tax revenue to both the Town and School budgets. It will create local jobs. The alternative might very well be a development which contributes nothing or even subtracts from our resources which would leave the residents of Tuxedo subsidizing the redevelopment instead of benefitting from it. Every aspect of the project, which the Supervisor has reviewed, looked extremely environmentally positive. He feels the proposed facility will be fairly isolated. It is not surrounded by urban blight, and once people stray off the facility, they will deal with our police. There will be a formal, legally binding agreement ,which will spell out Genting’s obligations and responsibilities. There are fail points throughout the project from the Thruway interchange, compliance with our Town Planning and Zoning requirements and all applicable environmental standards. He further stated that this proposal has “torn him up,” as he has seen neighbors disagree, many of his close friends disagree. Some are for it and some are against it. Nobody chose this redevelopment but it is the Supervisor’s conclusion that to oppose the project is to leave open the question of the survival of Tuxedo while accepting the development assures that it will not perish. While the bounty will surely come with some burdens, the burden without the bounty is unacceptable. He asked for input from residents throughout every step of the process and stated that the Town will be funded with $3 million so they hire the best consultants. The independent consultants will advise the Board on the traffic, the environment and financial impacts and if any of these factors prove to be unworkable or undesirable, the project will not advance. It is the Supervisor’s feeling that it’s in the best interest of the Town for the project to move forward to the next step.

The Board then considered the resolution to support of reject application to develop and operation a Casino Resort in Tuxedo. The resolution was seconded by Councilman Phelps. The first vote was 4-1 with Councilman Matthews voting against. However, Councilman McMillan spoke up and expresed confusion with the process. He said he had been told that this vote was just to express interest in the project and to trigger the money to pay for consultants, but he wanted to know if there would be another vote in the future or if this was it? The Supervisor responded that this was just to extend a letter of support which would trigger the funds to pay for the consultants. If things are uncovered by the consultants that can’t be mitigated, then the project does not move forward. Town Attorney Nichol stated that there would be changes to zoning necessary and unless Genting can enter into an agreement with the Town that will ensure mitigation for any problems, the project will not move forward. This allows the project to go forward so it can be possibly selected as one of four sites by the State. The Town will need and get a host agreement with the applicant to make sure everything is mitigated and all the promises made to the Town are kept. An audience member asked if the host agreement had to be completed before the application was submitted to the State on the 30th of June. Mr. Nichol replied that he didn’t believe so but that he would defer to a representative of Genting for an answer. This was met by loud boos by the audience. Supervisor Rost commented that it was his understanding that Genting needed the host agreement by June 30th. He asked Colin Au of Genting if that was correct. Mr. Au replied that it was correct. He further commented that there were 6 weeks in which to come to a host agreement. If change is coming to the Town, he feels that they must try to reach a host agreement. If that can’t be done by the 30th of June, then Genting will move on to Plan B (another location) and that will be that.
Councilman McMillan then stated that it had been his understanding that the Board would get the consultants’ reports and have time to review them and then have another vote. If that isn’t going to be the case, he changes his vote to no making the vote 3-2 in favor of the letter of support.

The meeting was then adjourned.

Agenda for Town Board Meeting May 12, 2014

Call to Order
Pledge of Allegiance

Minutes

Public Comments on Agenda Items

1. Resolution to Support or to Reject Application to Develop and Operate a Casino Resort in Tuxedo

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

Public Comments
Adjournment

Town Board Meeting April 28, 2014

The Town Board met on Monday, April 28, 2014 at 7:30 pm. All members were present. Due to the agenda item on the proposed casino, the meeting was held in the George F. Baker Auditorium in order to accommodate everyone who wanted to listen and speak. The room was packed.

Public Hearing regarding Local Law to increase Planning Board Membership from Five to Seven Members:

There were no comments from the public so the hearing was closed.

Due Process Hearing Continuation on Performance Bond for Improvements at Ski Side Villas Development:
On behalf of Developer Ken Torso, Attorney Joseph Deusch summarized the history of the problem. Ski Side Villas is a 5 lot subdivision on 17 A. Four of the five houses have been built. There is one short road, Katrina Court, which ends in a cul de sac. The project received Planning Board approval in 2007. Torso Enterprises gave a bond of $497,000 in the form of a letter of credit, which was subsequently reduced to $150,000. In 2013, the developer tried to get the Town to accept the road, however, the Town Engineer said he considered the road “a mess,” and thus the Town didn’t accept it. Mr. Deusch appeared before the Town Board in December of 2013 at which time it was agreed that the Board would conduct a site visit, to include both the developer’s engineers as well as their own, in the Spring when it would be possible to move forward with repairs. This visit took place on March 19. The developer’s engineers claimed that there was nothing wrong with the road, while the Town’s engineer said the road was no good. Both parties agreed that the road did have cracks in it and following some further discussion it was agreed that the Town would retain an outside company to provide a quote for the repairs and, if he felt it was reasonable, Torso would pay for the work. Mr. Torso also offered to donate an additional $10,000 to be used by the Town for whatever they saw fit. Following the meeting, Mr. Deutsch wrote up a summary of the site visit and submitted it to Town officials, but heard nothing in return. Despite continued effort, he couldn’t get anyone to give him the quote until April 22, at which time he learned that the town is looking for $23,500 - $4500 to fix the cracks and an additional $19,000 to resurface the road. Mr. Torso finds the $4500 very reasonable but refuses to agree to the additional $19,000 because a complete resurfacing the road was never part of the deal. Instead, Mr. Torso is proposing that he pay the $4500 plus the $10,000 he originally offered after which he will again ask the Town to accept the road.

Attorney Alyse Terhune counseled the Board that regardless of any agreement that may or may not have been made at the site visit, it was their decision whether or not to accept the road.

Highway Superintendent Pfizenmaier commented that in order to fix the cracks properly, it would be necessary to seal them and then resurface the road. He reiterated that the cost for doing this properly is $19,000.

Developer Ken Torso spoke next recounting the difficulty he had experienced when doing business with former Supervisor Dolan and the Town Engineer. Among other things, he claimed that Mr. Dolan had told him that he could only communicate with him but he frequently wouldn’t return his phone calls. Town Engineer Jeff Marsden would not communicate with him either. He further claimed that where he lives in Montebello, the Town has patched cracks and the patches have lasted 20 years..

Supervisor Rost thanked Mr. Torso for his time but explained that the Board did not want to accept the road if the taxpayers were going to have to pay to fix it.

Mr. Torso reiterated that he was prepared to pay for the crack repairs and has offered $10,000 as a good will gesture to do whatever else the Town feels is necessary.

Commenting that he would hate to see it come to litigation, Mr. Deusch stated that he believed that an agreement had been made during the site visit and subsequently he had a very difficult time obtaining the Town’s quote. Again, Attorney Terhune counseled the Board that the decision about accepting the road was up to the Highway Superintendent and the Board and not the Town Engineer. Supervisor Rost then made a motion to close the due process hearing and stated that the Board would need to discuss the matter further with the Highway Superintendent as well as the Town Engineer before they could make a decision.

Resolutions:
The following resolutions were passed:

a Resolution to approve the form of Petition of Proposition to Raise Library Taxes
a Resolution to grant Special Use and Special Sign Permits for the Memorial Day Community Picnic at the Library
a Resolution to grant Special Permit for Off-Road “Hare Scramble” Race at Tuxedo Ridge on May 3-4, 2014

Presentation by Town Auditor, Ted Eglit, regarding 2013 Town Financial Report:

Mr. Eglit began by giving a general summary of his report (a copy of which can be downloaded from the Town website). Revenue in the General Fund this year was $2,565,867, a drop of almost $300,000 from the previous year. Mr. Eglit attributes a large chunk of the decrease to the drop in mulch revenue, which was $326,828 in 2012 and $102,000 for 2013.. Expenditures for the year total$3,103,186, an increase of approximately $120,000 from the previous year. At the end of the year, the balance in the General Fund was -$476,581. Mr. Eglit assured the Board that this did not mean that the Town was insolvent. Rather, they need to look for ways to increase revenues and cut some spending.

For the General B Fund (Town outside the Village) the revenues were $2,474,433, a drop of about $70,000. The expenditures were $2,885,989, an increase of approximately $140,000. The year end balance for the B Fund was -$646,684.

The Highway Fund had revenues of $1,020,162 and expenditures of $1,021,094. The end of the year was $267,577.

For the Town outside the Village, the revenues were $523,764, an increase of approximately $30,000. The expenditures for the same period were $436,924, an increase of about $107,000.

Figures for both the garbage and sewer districts were also reported.

Questions from the public about the financial report:
Ken English inquired as to whether the fines levied in relation to the EPA suit against the Town (regarding the mulch operation) had any impact on the budget).

Supervisor Rost replied that Perfect Cut had paid the fines.

Sue Papke wanted to know why there wasn’t a summary page letting people know exactly where the deficits are. She contends that the report is difficult to read for the average taxpayer.

Mr. Eglit responded that the report he prepared was a template, mandated by the State. He will also be preparing an annual audit report, which will provde more detail and break things down clearly.

Councilman Loncar stated that he has asked the Town Bookkeeper to prepare a report, including the budget as approved by the Board, the actual numbers and the percentage of change.

Councilman McMillan commented that he was new to the Board and needed to see a comparative history of the last several years so he could understand what is happening.

Mr. Eglit replied that in the past he had prepared a 5-year Trend Analysis . Mr. McMillan asked him to please prepare such a report again.

Robert Taylor inquired as to how much money the Town spends on pensions and wanted to know if they had an unfunded pension liability.

Mr. Eglit replied that sll pensions were paid annually and were fully funded.
Tony Davidson asked Me. Eglit what the “unforeseen expenditures” were that the Town had incurred.

Supervisor Rost replied that the Town Board were the ones who signed the vouchers, not the auditor. Mr. Eglit added that to date he had only been plugging the numbers into the State’s report and that he hadn’t had time to go into great detail on any of them yet.

Sue Papke asked if the Town had a Quarterly Reconciliation so that the Board (and the public) could see where things stand with the Town’s finances?

Supervisor Rost replied that a Quarterly Reconciliation is something that he is in the process of instituting for the Town.

Andy Berish inquired as to what had been the cause of the recent Town downgrade by Moody’s? Supervisor Rost explained that the Moody’s evaluation happened because the Town had applied for a bond in order to buy Quarry Field. When Moody’s came in, they saw the deficit balance and this is what had caused the downgrade.

Presentation by RW Orange County LLC, an indirect wholly-owned subsidiary of Genting Group, regarding integrated entertainment resort and casino proposed at Renaissance site on Route 17A:
The meeting was then turned over to Christian Goode, Senior Vice President for Genting Americas. He ran a video showing his company’s proposal for the property on Rte. 17A. Click here to see the video Plans for the complex include 2 hotels (one is a spa/hotel) as well as renovating the existing Ski Center and bringing Sterling Forest Gardens back to the Renaissance Faire site. The Renaissance Faire would still exist and would be joined by other festivals throughout the year: a Winter Festival featuring ice and snow sculptures, a Spring Fesitival centering around the Gardens and an Autumn Festival celebrating the beauty of the site in the Fall. Plans call for fully funding the construction of Exit 15B off the Thruway as well as 2 roundabouts on 17A and the widening of that road up to Benjamin Meadow Rd. Water for the project will be supplied by United Water, who has stated it has plenty of water. There is a small waste water treatment plant on the site and the plans are to enlarge that slightly to accommodate the resort. Genting stated, more than once that their project would have no impact on the existing community. They have pledged to be respectful of the surrounding wetlands. Run off will be recycled and used for making snow in the winter and watering the Gardens in the spring and summer.

Mr. Goode projected that the project would produce roughly $5 million a year in property taxes to the Town. There will also be 5% of gaming profits paid to the Town as well as $13 million is school taxes.

It was pointed out to Mr. Goode that the while the “host community” is Tuxedo, the property in question is in the Monroe Woodbury School district.
He replied that Genting would be meeting and working with Monroe

Woodbury so that they could split the money between the two districts. There would also be an increase in taxes for the County, both property taxes and in sales taxes.

Genting realizes that a project of this size will need study by the Town. They are proposing that the Town hire their own professional consultants for things like traffic and emergency services coverage. The fees for these consultants will be fully funded by Genting. They also realize that their project would probably generate the need for more police officers in Tuxedo and are expecting to pay for this. They also expect to pay for any new fire trucks and/or ambulances if they are necessary. Of the many jobs generated by the resort (estimated at 2000) Mr Goode stated that first consideration would be given to Tuxedo applicants followed by the nearby Towns such as Sloatsburg and Monroe. Genting estimates approximately 3000 construction jobs will be created over the 24-month period of build out. They will also give first consideration to local people for these jobs.

The timeline for this project, whch is dictated by the State, calls for the bid accompanied by a letter of support from the host community to be submitted in Albany, by June 30th. The State Siting Committee is expected to make their choices sometime in the Fall (probably by November) after which the resort must be built within 24 months of receiving licensing. According to Mr. Goode, Genting has the resources in place to fund construction right now and the will not need to find financing for the project. The next steps include securing a letter of support from the Town Board, after which Genting will pay an initial application fee of $1 million to the Town to fund the hiring of the necessary consultants. Next, they will negotiate and sign a Host Community agreement detailing exactly what they expect to do for the Town and then they will start the zoning and planning process.

The presentation was followed by a public comment period. The first speaker was County Executive Steve Neuhaus. He said that he had attended every casino meeting to date in Orange County (Woodbury, Blooming Grove, Newburgh) in order to tell the people what the County Government was doing to help. A Casino Task Force made up of some members from the Legislature, some people from the County’s Emergency Management Office and representatives from the Orange County Partnership(an agency concerned with economic development) has been formed At their first meeting with the Legislature County Executive Neuhaus submitted a document detailing the projected impact of casinos on the County’s Emergency Services. This task force will work with the developer to make sure that the host community isn’t impacted adversely. He further suggested that this development could provide additional funding for the Tuxedo School District which is in need of such help. He also assured the public that he had researched Genting and could vouch for the fact that they are well funded. As part of their research, the County’s Emergency Management Office has called corresponding fire, ambulance corps and police departments in communities where Genting has casinos and their findings show that the number one adversity brought by a casino is traffic related problems. Knowing this will allow the individual communities to negotiate with the developer to mitigate the potential problems. He commented “If this is something you want, you have the opportunity to address any problems ahead of time. If it’s something you don’t want, by June 30, they’ll walk out the door and you’ll never see them again.” .” This remark was met by applause in the room.

Mr. Neuhaus added that regardless of what happens with the casinos, Orange County will get all of the traffic—but without a casino they’ll get none of the tax revenue for it. If a casino is built in Orange County, then there will be tax revenue in addition to all the traffic.

These remarks were followed by another video, this one giving some information about Genting and their previous projects. (Norwegian cruise lines, Foxwoods resorts, Resorts World New York City as well as resorts in Malaysia, Singapore, the Philippines and the United Kingdom.). Mr. Goode announced that for the next week these videos would be shown at Tuxedo Ridge Ski Center and a representative would be there to answer any questions that might arise.

Theresa McDevitt who lives north of Town on Route 17, spoke about her concerns for security in the Town as well as traffic. She doesn’t believe that traffic problems will be solved by putting in Exit 15 B. In fact, she suggested that the addition of that exit would take business away from people in the Town. Mr. Goode replied that the casino would have a rewards program in which rewards could be redeemed at local businesses as well as in the resort and casino.

Mrs. McDevitt revealed that her son had been killed a half a block from a casino. She believes that human trafficking will come along with the casino.
Mr. Goode responded that Genting would supply security and would also work closely with local police to provide 24-hour surveillance.

Evelyn David East Village, expressed concernwith regard to the potential impacts the project would have on drainage. Noting that the Ramapo River was the drainage basin for all of Orange County, she stated that she doesn’t feel it can take the addition of Sterling Forest Resort. She also expressed concern about the potential for drugs and prostitution, which could come with a casino. She wanted to know what percentage of taxes paid would actually come to the Town of Tuxedo.

Mr. Goode responded that 5% of the gaming tax would come directly to the Town. This is in addition to the real estate tax and the school tax.

Bridget Morris - Helmstown Court, expressed outrage that a project like this was even being proposed. She reminded everyone that in September, construction was due to start on Tuxedo Farms, a project that took 40 years to get all it’s approvals basically because of environmental concerns however, in two short months and “behind our backs” this project has been proposed. She was upset that she had to read about the project in the newspaper and that the newly elected Supervisor, who ran on a platform of transparency, knew about it and didn’t notify anybody in the Town. She reminded everyone that the “vast majority of residents do not live within the gated community” and thatthere are thriving communities outside of the gates including Laurel Ridge, Clinton Woods and Helmstown. She said she wanted to correct some incorrect assumptions she’d noticed in the developer’s presentation: 1-United Water doesn’t operate in the Northern end of Town, it’s all wells, 2-the land that you have earmarked for Exit 15B is State Parkland and not necessarily available for use and 3-the school district for the project is Monroe Woodbury and not Tuxedo. She went on to add that Tuxedo is an affluent community which, in her view, “does not need a whole bunch of middle income jobs.”
Tony Davidson – Laurel Ridge, said that he’d noticed that every time someone brought up a potential problem that might come as a result of this project, the developer’s response was “we’ll pay for it.” With all due respect, he doesn’t feel that the character and core of our community should be for sale. He feels the resort would fundamentally destroy the character of our community. He stated that his family and those of most of his neighbors moved to Laurel Ridge precisely because it was somewhat off the beaten track. The proposed project will instead place them at the center of “all the baggage that this project will bring with it.” He especially fears that the increase in crime that he believes will come from opening up his part of the community and giving easy access from the Thruway. He also fears the impact of increased traffic (drunken drivers, accidents) Most importantly, he commented that he fears having to explain to his children why our Town was “sold to people who think gambling is a solution to our core problems.”

John Hoss – Laurel Ridge, already feels like a prisoner in his own house during the Renaissance Faire due to the traffic and can’t imagine what it would be like to experience that on a daily basis.

Michele Lindsay – Tuxedo Park, a 20-year resident said she had been to many meetings over the years at which a potential Exit 15 B was discussed. She recalled that in the past there were many objections, mainly environmental due to all the wetlands in the area and wondered what had changed. She also wondered if plans were for a full exit or only for a Northbound exit. Lastly, she inquired if the developer had spoken to NY State about constructung the exit and specifically when were they proposing to build it. She noted that there would be considerable construction traffic generated by the resort and wanted to know if the exit would be constructed first so that the Town didn’t have to put up with that traffic coming through its center. Mr. Goode responded that although the Town’s comprehensive plan called for a half exit, a full exit had been approved in the past. He said the land proposed for the egress was within the Thruway right of way even though it is parkland. Regrettably, construction of the exit would be simultaneous with the resort construction. He stressed that the proposed facility would not bring in “millions and millions of people on a daily or weekly basis,” but would rather be a high end resort with amenities such as a ski center and gardens and a spa.”

Tom Darling – Laurel Ridge stated that the Town is running out of land which could generate tax revenue. There is little land left for rateables and the Town needs rateables. He urged the Town Board to consider this project. Although it would have to be done with intense scrutiny from the Town, he feels thatif done properly the resort could provide revenue for the Town and jobs and income for the residents.

Ken English - Laurel Ridge, stated that the land in question and the entire surrounding area lis essential to the watershed of the state of New Jersey. In the past, people fought really hard to preserve the forest. To have such a forest just 45 miles from midtown Manhattan is an incredible legacy, which the residents are expected to protect for future generations. Specifically, he objects to the potential light pollution asthe hotel buildings would be visible from the Appalachian Trail and every other trail in Sterling Forest. He is also concerned about the wild life such as deer and bear who need to cross the roads. “A casino may do well in New York City or Queens, but it is not appropriate for the forest,” he said. He acknowledged that the Town needed to build up its economy but felt there might be better ways to do that with ecotourism instead of gambling tourism.

Mr. Goode replied that Genting expected to plant more trees and would actually increase the number of trees in the area.

Mary Yrizarry – Benjamin Meadow Rd., asked “why did we save Sterling Forest?” She added that people throughout the area had worked for years and years in order to save the land and keep it as a forest and nature preserve. She feels the proposed project is totally inappropriate for the area. “We need to preserve the forest for the many people who come here from New York City and elsewhere. They need forest and open space; they don’t need a casino.”

Patricia Barone - Benjamin Meadow Rd., remarked that the presentation from Genting stated several times that there would be “no impact to the community” from the project. She stated that in her view there at least 200 families in town that would experience “high impact,” from this project. Her neighborhood, she feels would be impacted by traffic and crime as well as a decrease in property values.

Mr. Goode replied that the casino took up less than 5% of the development and added, “frankly if you don’t want a casino, you won’t get one. This is not a casino/gaming center, this is an entertainment center.”

Hailey Gaines – Laurel Ridge, stated she had two concerns. First, she didn’t notice in the list of Gentings’ consultants, anyone to handle the potential crime analysis.

Mr. Goode informed her that Louis Berger who is the EA/EIS consultant would be covering this.

Also, Ms. Gaines wanted to know what kind of communication/advertizing Genting plans to use to try to get people to come to the resort. Will it be on TV? Radio? Who is the target audience? She said her family (she has a 2 year and a 6 year old) moved to this community to have a peaceful and safe environment for her kids and she worries that if this project goes forward that will change. She expressed concern that the Library could feel a negative impact.

She was told that the Library would be receiving part of the taxes as well.
Next, she mentioned that if this facility is built, she fears that the police and ambulance won’t be able to respond to the current residents in as timely a manner as they do now and that the resort would become their priority.

Peter Bush - lives in the Hamlet on Hospital Road. He wondered why the project had only come to light very recently and stated that he found that very suspect. He feels that the issue of the watershed is being minimized. He also expressed concern over anyone “taking” any part of Harriman State Park and said he was against that.

Dennis Trotter – identified himself as a new resident of Tuxedo who is thrilled to be living in such a beautiful place. He feels the project is “just wrong.”

Mike Santoianni – Tuxedo Park, suggested that it would be important to clarify the school district issue. He noted that the presentation said there would be no impact , however he feels that there will definitely be a visual impact and that, crime, water and traffic will be effected as well. He stated that he thought the addition of gambling to Town was a big issue, which he and many others in Town were against. He noted that the developer seemed to downplay gambling.

Mr. Goode responded that he couldn’t help how the school district boundaries were drawn, but Genting is committed to helping the Tuxedo School District whether that be with a PILOT (payment in lieu of taxes) payment or some other method of compensation.

Chris Mallon – Laurel Ridge, likened the presentation he’d just seen to a Time Share Presentation. He wondered if anyone in the room could give him one example of a casino that was not surrounded by a ghost town or a slum? He asked how many rooms were being proposed and was told there are to be 400 rooms between two hotels (one a regular hotel and one a spa). He stated he didn’t see how the addition of 400 hotel rooms to the area could have no impact. He wondered if there were any towns were taxes had actually gone down when a casino was built.

Kevin McDevitt – North of Town on Route 17, asked if Genting planned to increase the police force to compensate for the increase in activity and also whether there would be task forces for human trafficking.
Mr. Goode replied that they stood ready to pay for whatever it was determined would be needed.

Mr. Buffy - asked if the application, due June 30, required support of the Town.

Supervisor Rost replied that it was his understanding that Genting needed to have a supporting letter from the Town before they could submit a bid.

Mr. Goode confirmed that this was so.

Mr. Buffy expressed his doubts that all the issues mentioned during the meeting could be addressed before the June 30deadline.

Mr. Goode said that signing the letter of support was just the first step and thathe did not believe the issues can be addressed before the June 30 deadline either.

The Supervisor stated that this meeting was only the beginning of the process and stated emphatically that the Board has NOT made up their minds as yet as to whether they will sign a letter of support.

Robert Taylor – Laurel Ridge, noted that he had a long history with the property in question as he has lived in town for 52 years and used to work for the old Sterling Forest Gardens. Additionally, his father was a Vice President for City Investing (parent company of Sterling Forest Corp.) He wanted to know what would happen if the Town didn’t like the design of the project? He noted there were only something like 4-5 months between the time that the application would be submitted and the time when the developer would put the shovels in the ground. He wondered why the Town had no say in the size of the project? “What if we think 400 rooms is too many?” He further commented “the train has left the station and if we’re not careful, we might see some pretty deadly consequences. Even if we are for the casino, something needs to be done to slow the train down.”

Sue Scher – Hamlet, has lived in town for 28 years and been involved in environmental issues from the moment she arrived. As such is aware of how long it takes to get projects through the approval process and she is concerned that 3 months is not enough time for review. She realizes that the developer is locked into the schedule set by the State, but she wonders what happens if they find that there are snake dens or wetlands where they want to build? What happens if the Architectural Review Board or the Zoning Board says “this is not appropriate?” What if the Appalachian Mountain Club says “this is our viewshed and you can’t be building there?” How could they make changes? How could there even be time to recognize all the potential issues? She wondered if it were wise to squeezed the Town into a time frame when there are potentially a plethora of environmental issues .

Evelyn ? – Monroe. She was born here and lived in Southfields 75 years ago. She is the daughter of Reuben Freed who built the Red Apple. She feels we need to keep what we have here.

Jerry Cardone – New Windsor, moved there from New Jersey 5 years ago. Like so many other people his age, he worked for a large company which was downsized and he lost his job. The prospect of a job with Genting is very appealing to him.

Todd DeOreo – President of Hudson Valley Building Construction Trades Council. He represents 28 Locals (about 10,000 tradesmen) throughout the Hudson Valley. He is in favor of the project. He’s already met with Genting and they already have an agreement in place that guarantees local labor, union good paying jobs.

Robert Cannillo – General Manager of Tuxedo Ridge Ski Center said he wanted to thank everyone in Town for all the support they give the Ski Center. What he likes about the project is the sense of preservation that comes with it along with the opportunity to take the Ski Center to the next level. If the Town decides not to support the project, the Ski Center will still be there and will plug along “doing what they do,” but they would never be able to fund the improvements that Genting is offering. He pledged to be there and ask “ the tough questions: along the way.

Patsy Wooters – Suffern, said that United Water was required to say they have water for developments. She noted that United Water of New York was now in the process of saying that they didn’t have enough water and consequently needed to build a desalination plant. She asked how much water they thought they would need for 400 rooms between two hotels plus the gardens? She wondered if Genting had given United Water a figure of how much water they might require?

Mr. Goode replied that their consultants were talking with United Water.

Mrs. Wooters cautioned that United Water has a history of promising to supply water and then saying “we need to find more water,” and when that happens….rate increases for the current customers always follow.

Mrs. Wooters was the last speaker. The Board took a 5 minute break and then came back into session to sign their vouchers and do budget transfers before adjourning.

Important Letter From Town Supervisor Mike Rost

Hello Tuxedo,

You may have heard that a company has proposed to build a resort and casino in Tuxedo. There have been two public meetings on the proposal this week. Also, there has been extensive coverage in the news media about New York possibly granting a license for a casino in Orange County. I expect that the Town Board will consider whether it supports the proposal on May 12th.

I would like to hear from you—the voters—about your reaction to the idea of a casino in Tuxedo. I have dedicated an e-mail address to collect your comments. The address is resort@tuxedogov.org If you know someone who does not have access to e-mail, but would like to have their voice be heard, he or she can send their comments by post to Town of Tuxedo, Attention: Resort Comments, 1 Temple Drive, Tuxedo NY 10987. The guidelines for commenting are simple:

· Please be courteous and concise.
· Provide your name and your postal address.
· All comments must be received on or before May 9th, 2014.

Thank you for your consideration to this important matter.
Mike Rost
Town Supervisor

Agenda for Town Board Meeting April 28, 2014

Call to Order
Pledge of Allegiance

PUBLIC HEARING Regarding Local Law to Increase Planning Board Membership from Five to Seven Members

Minutes
Monthly Reports
Public Comments on Agenda Items

1. Due Process Hearing Continuation on Performance Bond for Improvements at Ski Side Villas Development

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

3. Resolution to Grant Special Use and Special Sign Permits for the Memorial Day Community Picnic at the
Library on May 26, 2014 from 11:30 a.m. to 5:00p.m.

4. Resolution to Grant Special Permit for Off-Road "Hare Scramble" Race at Tuxedo Ridge May 3-4, 2014

5. Presentation by Town Auditor, Ted Eglit, regarding 2013 Town Financial Report

6. Presentation by RW Orange County LLC, an indirect wholly-owned subsidiary of Genting Group, regarding
integrated entertainment resort and casino proposed at Renaissance site on Route 17 A

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

Public Comments
Budget Transfers
Vouchers

Adjourrnnent

Town Supervisor Update

Hello Tuxedo,

This letter marks my first 100 days in office. My focus during this time has been to get a handle on the status of the Town’s existing financial situation that I adopted when I came into office. In accordance with my policy of implementing financial transparency, I wanted you—the taxpayers—to know that the Town is approximately $1million short of
where the Town should be at this time. In this letter, I will provide details about what happened and what we are doing to fix the situation.

A few days ago, I received a preliminary copy of Tuxedo’s Annual Update Document that will be submitted to the State of New York. This document will be available on our website www.tuxedogov.org this week.

I have requested the Town accountant to present at a town board meeting the findings of this report and answer any questions you may have at the next Town Board meeting, tentatively scheduled for April 28. The information contained in the report shows our fund balances to be approximately $1million short. The two major factors creating this deficit were the lack of funding from the Federal Government to the Ambulance Corps and our contribution to the New York State retirement fund. These additional expenses, combined with decreased revenues, resulted in the Town’s miss in 2013.

There will be some difficult decisions ahead of us but we will do what is necessary to pull the Town out of the hole it is in. I am confident we will be successful as I feel we have a clear vision of where we need to go and we have the right people in the right places to change the course we are on. As previously mentioned, we now have a finance committee that will conduct a deep dive into the numbers and make their recommendations to the board.

Furthermore, over the next 90days we will begin implementing processes, policies and procedures that will improve controls and make Tuxedo compliant with the requirements of the State Comptroller’s Office. We will begin cutting spending and by the time you have read this newsletter, we would have already frozen spending in all departments on all non-essential items. All projects are on hold indefinitely and will need board authorization to be funded. All departments will experience a freeze on all hiring.

Finally, the audit of the Town conducted by the New York State Comptroller continues, and we have already begun implementing action plans to improve financial controls and close our gaps. As I stated previously to you, I will make the report of the Comptroller available as soon as it is completed.

Thank you for your attention to this matter. I invite you to attend the Town Board meeting on April 28 and direct questions to the Town’s accountant. In the meantime, the Town board and I are working every day to get to the bottom of this regrettable situation.

Michael Rost
Supervisor-Town of Tuxedo

Town Board Meeting April 14, 2014

The Town Board met on Monday, April 14, 2014 at 7:30 pm. All members were present.

Public Comments on Agenda Items:

Speaking on the topic of the proposed law increasing the number of Planning Board Members, Andy Rogers observed that he had noticed that the Board had trouble getting a quorum when there were only 5 members. He wondered if they were going to change the rules for “majority” if they added more members. He suggested that they look into getting “better people who would turn out when they were supposed to” instead of adding more members. Supervisor Rost responded that when they were interviewing candidates for the Planning Board, there were a large number of very qualified, interested people. Given the scope of the projects on the horizon (Tuxedo Farms, Watchtower) they felt it would be a good idea to have more people on the Planning Board so that the impending workload could be divided amongst 7 people as opposed to 5.

Councilman Loncar commented that he had just received the Town’s annual Fiscal Report and it looked as though the Town might be about $600,000 in arrears. In light of that, he feels it is inappropriate to spend any more money on the Planning Board.

Sue Papke remarked that most of the Planning Board meetings in the last year had been cancelled.

The Supervisor reiterated that construction is slated to start on Tuxedo Farms in the near future and the Watchtower is also looking to expand. He added that a motion would be put on the table later in the meeting to schedule a public hearing on this subject and the Board would take into consideration any comments at that time.

Councilman Phelps stated that in all the years he had been involved with the Town, he had never seen such a good group of people interested in joining the Planning Board. He added that he understood the Board’s fiscal responsibility and if they had to postpone this move, so be it, but he is in favor of adding the two members.

Frank Peverly observed that in the past there had been Alternate members of the Planning Board (who serve at no pay) and he wondered if this might be a way to go forward.

Councilman Phelps responded that there was a huge amount of work on the horizon for the Planning Board and in his view it would take a really special person to want to put in that amount of work for no pay, especially when there were others who were being paid.

Town Supervisor/Town Board Update:

Supervisor Rost began his report by announcing that the audit was still ongoing and the auditors have not given him any indication of when it will come to an end. He is in receipt of a preliminary Annual Update document, which has been submitted by the Town’s accountant. It says that the Town is approximately $1 million short of where they want to be. The deficit is in the General Fund, both in the A (the whole Town) and B (the Town outside the Village) Funds. Councilman Phelps commented that he found this hard to believe. Councilman Loncar asked if the accountant had given the Supervisor any indication of why the Town is $1 million short?

Supervisor Rost replied that he was still studying the document. Councilman Loncar responded: “We have all known for quite some time that we were going to be short. My question is have you talked to our accountant and our bookkeeper to see where we bled this money?”

The Supervisor replied that he had talked to the accountant but that Councilman Loncar should remember that these figures are from 2013 and he wasn’t in office then.

Councilman Loncar replied that he understood that, but they still need to know where the money went.

Councilman McMillan asked whether they could bring the accountant to a meeting so that these questions could be addressed.

The Supervisor stated that he has asked the accountant to come to the next meeting and give a presentation.

Councilman Loncar again asked “have you asked him where the money went?”

The Supervisor responded that he might ask that question of Councilman Loncar since he had signed off on all the vouchers. The Councilman replied “You are the financial/budget guy in Town. Don’t you think that’s a valid question to ask?” He then added, “I’ll call the accountant directly. You should just do your job!”

Supervisor Rost elaborated that a major factor contributing to the shortfall is that the federal government is holding up on reimbursements to the Ambulance Corps as there was a problem with certification. This issue was worked on last week and they have now accepted the paperwork so the Town should be seeing that money soon. This accounts for about $300,000.

Councilman Matthews asked if the Town had received the FEMA money they had been promised.

Highway Superintendent Pfizenmaier replied that they were still waiting on $200,000-$250,000.

The Supervisor further stated that contributions to the State Retirement Fund and decreased revenues were also big factors in the deficit. He added that for now, all spending will be cut and all projects are on hold. The Board will take a hard look at whether or not they need increased staffing for “seasonal work.” He has begun putting together a Financial Committee and is hopeful that there will be some good ideas coming from that. They need to take a good look at the numbers, see what has been done wrong and what they need to change going forward. The Annual Update document will be put online and the Board is committed to working together to correct the course and get the Town back on track.

Sue Papke inquired as to when the Town was supposed to receive their annual reconciliation.

She was told it was supposed to be filed in the end of February but that this is the earliest it has been filed. Usually, extensions have been requested and received and things got filed some time in May.

Resolutions:
The following resolutions were passed:

a Resolution to Appoint Dale Mottola as Chair of the Architectural Review Board
a Resolution to Introduce a Local Law increasing Planning Board from Five to Seven Members with a public hearing to be held on April 28th. (Councilman Loncar voted no)
a Resolution to approve participation in Orange County 2014 STOP-DWI Enforcement Grant
a Resolution to re-advertise bid for sale of 2006 Ford Crown Victoria. The original bid was rejected.
a Resolution consenting to sales of raffle tickets by Occupations, Inc. in the Town of Tuxedo. This is an annual request.

Public Comments:
There were no public comments.

Since none of the Board members had had an opportunity to study the vouchers, they tabled signing them and will be calling a vouchers only meeting probably within a week.

Agenda for Town Board Meeting April 14, 2014

Call to Order
Pledge of Allegiance

Minutes
Monthly Reports
Public Comments on Agenda Items

1. Town Supervisor/Town Board Update

2. Resolution to Appoint Dale Mottola as Chair of Architectural Review Board

3. Resolution to Introduce Local Law Increasing Planning Board from Five to Seven Members

4. Resolution to Approve Participation in Orange County 2014 STOP-DWI Enforcement Grant

5. Resolution to Re-Advertise Bid for Sale of 2006 Ford Crown Victoria

6. Resolution Consenting to Sales of Raffle Tickets by Occupations, Inc. in Town of Tuxedo

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

Public Comments
Budget Transfers
Vouchers

Adjournment

Town Board Meeting April 7, 2014

The Town Board met on Monday, April 7, 2014 at 5 pm. All members were present.

Workshop Session Regarding Zoning Code Update:

Because there are now two new members (Supervisor Rost and Councilman McMillan),Town Planner Bonnie Franson opened the meeting by giving a short history of the proposed Zoning Amendments as well as a review of what was discussed at the previous two Workshops held on this subject.

Ms. Franson stated that as required by law, the proposed amendments have been sent to the Orange County Planning Department. She has been informed that they have some draft comments on the submission which now will be reviewed by Senior Planners for the County and then submitted.

Ms Franson mentioned that there was a good summary of the proposed changes attached to the Environmental Assessment Form, which has been submitted to the County. (Click here to read the summary.)

Councilman Matthews asked why if the Quarry Field property was going to be used for recreational purposes as has previously been stated, it has been zoned R-4 (the zone with the largest density)? Ms. Franson responded that at the time the proposed amendments were written, the Town had not yet expressed interest in purchasing that property and in fact, the Sterling Place development had been approved for that lot. The zoning reflects that. If and when the Town’s purchase of the property is completed, it will be rezoned SR (Special Recreation).

Ms. Franson then went through a very general review of the proposed amendments. Planning Board Attorney Alyse Terhune was also present and added some comments.

At the end of Ms. Franson’s review, it was decided that the Board needed more review of the document before voting on it and that another workshop would be scheduled. A public hearing will also be held before a vote.

Resolution to appoint Darren Maynard and John Ruel as Members of the Town Planning Board:

The resolution was passed unanimously. Mr. Maynard’s term will expire on 12/31/17 and Mr. Ruel’s term will expire on 12/31/14.

The Board then went into Executive Session to discuss further Board appointments.

Agenda For Special Town Board Meeting April 7, 2014

Call to Order
Pledge of Allegiance

1. Resolution to Appoint Darren Maynard and John Ruel as Members of the Town Planning Board

2. Workshop Session Regarding Zoning Code Update
Note: Members of the public are welcome to attend and listen at workshop session; however, no audience participation will be accommodated.

Adjournment

Town Board Meeting March 24, 2014

The Town Board met on Monday, March 24, 2014 at 7:30 pm. All members were present

Town Supervisor/Town Board Update:
Supervisor Rost stated that he would be brief in his remarks as the main purpose of the meeting was to hear the presentation by representatives of the Watchtower about their plans for their properties on Long Meadow Rd. He further explained that he had requested that Watchtower come and present to the Board what their vision is for their properties, particularly the former International Paper property as that is the one that is located in the Town of Tuxedo. He added that the presentation would not include a question and answer period. He suggested that if anyone in the audience had questions, they could contact his office and he would try to secure an answer for them.
An audience member asked if there was any reason they couldn’t approach Watchtower directly with questions and the Supervisor replied no there was no reason.

Briefly commenting on ongoing Town business, Supervisor Rost said:

the talks with the Ramapo sewer district are ongoing
dialogue with the YMCA for plans at Tuxedo Farms are proceeding
the negotiations on Quarry Field are continuing with a target date of April 9th for the closing
the paperwork for the 2013 budget is at the accountants

Presentation by Watchtower Providing Overview of Global Scope of Jehovah’s Witnesses, Highlighting Current and Future Use of Facility on Long Meadown Road in Tuxedo and Reporting on Construction of World Headquarters on Long Meadow Road in Warwick:
Speaking for Watchtower, Daniel Rice began by giving an overview of the Jehovah’s Witnesses. The group is comprised of Christians from all ethnic backgrounds. They are politically neutral and do not vote in a block. They study the Bible and then “improve the quality of their lives by applying biblical principles.” Currently, there are nearly 8 million Jehovah’s Witnesses. They worship in 113,823 different congregations, which are located in 239 different countries. This organization is served by 91 branch offices. The branch offices are overseen by the World Headquarters. They measure the level of association with their religion by an annual meeting held to commemorate the death of Christ. Last year, that meeting was attended by 19.2 million people! When constructing their branch offices and world headquarters, they create campus like environments and try to be sensitive to the environment and blend into the community. They try to work in such a way that they are an asset to the community.

The actual World Headquarters will be situated on the old International Nickel site on Long Meadow Road in the Town of Warwick. Watchtower acquired this property in July of 2009. The property is 253 acres and development will take up slightly over 40 acres. Construction began last July, four years after acquiring the property. It’s an adult live/work facility and it will house approximately 850 people. They expect to finish construction and begin occupancy either late 2016 or early 2017. 7 of the 8 planned buildings are pursuing green building certification. They consist of an administrative building, 4 residences and 2 buildings for site services. The 8th one is a parking garage. 6 of the planned 8 buildings are currently under construction.

The old International Paper facility was purchased by Watchtower in August of 2011. It comprises 50 acres. Renovations have been done to the building so that it now contains construction and engineering offices, warehouse and storage facilities, 62 residential units housing approximately 130 people and support services for those who live there. On both sites, they are using local tradesmen for construction.

The Watchtower is making plans for an open house in the Spring so that residents of Tuxedo and the surrounding area can come and see the sites for themselves.

Future plans for the IP site are for it to become part of the World Headquarters. It will support the international non-profit bible education work. When they purchased the property, it had “certain development rights attached to it.” It is their intention to “responsibly develop” this site even further. They want to expand the residential use of the property “to the extent that it would be a religious use.” They know they will have to go through the full SEQUA process as well as comply with Town building and zoning codes. They expect to be able to present their initial ideas for these future plans sometime this summer. They are requesting that the Town’s Zoning Code “as amended” continue to preserve their development rights. This is very important to them as they are experiencing “phenomenal growth,” in part due to their website (www.jw.org)

Public Comments:
Mary Graetzer stated that she knew many people in the audience had questions for Watchtower and she wondered if there were any plans for a meeting at which they would take questions from the public and then respond to them.

The representatives of Watchtower said they would work on setting up such a meeting. They pointed out that they would also be sponsoring an Open House, hopefully in May, and would answer any questions then.

Andy Berish stated that they were constructing two major facilities, one each in Warwick and Tuxedo, and wanted to know if those properties were coming off the tax rolls.

He was told yes.

He then expressed his displeasure with this pointing out that the Towns still had to provide and pay for services for the facilities.

Kiki Nelson pointed out that with properties on either end of Long Meadow Road, Sterling Forest was greatly impacted. Thus, she doesn’t feel that the two facilities can be separated. She suggested that when a question and answer meeting was arranged that Warwick residents should be notified as well.

Jake Matthews asked if any progress had been made in getting the Town Code on the internet.

Councilman McMillan, who is handling the project, said that it was almost ready to go live and he hoped it would be up in around 2 weeks.

After confirming that April 9tis the proposed closing date for the Quarry Field property, Mr. Matthews stated that he had noticed while attending the Town’s workshops on proposed Zoning Amendments that this property used to be zoned R2 (low-medium density residential) and it looked as though it was being changed to R4 (high-medium density residential). Since the Board had stated that their plan for this property is recreation, he wondered why the zoning wouldn’t be changed to SR (special recreation) or at least R1 (low density).

Supervisor Rost replied that this very subject had been addressed with Town Planner Franson and added that the Board would be holding one more workshop on the proposed amendments at which this could be changed.
Rodger Friedman of Sterling Forest Partnership noted that the DEC had sent the Town a letter of non-compliance on the mulch pile on January 7. He wondered if the concerns mentioned in the letter had been addressed.

Town Attorney Nichol responded that he’d had a meeting with the DEC and subsequent conference calls. The DEC has indicated that they are going to issue a fine of $15,000. The Town is waiting to see if they will get the money from the operator of the site, Perfect Cut. The DEC is willing to extend the time for full compliance into a time proposed by Perfect Cut, which is sometime later in the summer.

Sue Scher wondered if the Town was planning to close on Quarry Field on April 9, whether they were going to put together a committee to help decide what will happen on that property. Supervisor Rost responded that when the Town was ready to do something with Quarry Field, he would definitely form a committee. Right now, he’s still waiting for the books on 2013 to be closed and until that happens, they don’t know what resources they might have available to do anything on Quarry Field.

Andy Rogers asked how much tax revenue the Town was losing from the International Paper site and the Supervisor said he didn’t know the exact figure. Mr. Rogers then wanted to know if there were any plans to “make up” for the loss. Supervisor Rost responded that he was putting together a financial committee and hoped there might be some ideas coming out of that.

The vouchers were signed and the meeting adjourned.

Agenda for Town Board Meeting March 24, 2014

Call to Order
Pledge of Allegiance

Minutes
Monthly Reports
Public Comments on Agenda Items

1. Town Supervisor/Town Board Update

2. Presentation by Watchtower Providing Overview of Global Scope of Jehovah’s Witnesses, Highlighting Current and Future Use of Facility on Long Meadow Road in Tuxedo and Reporting on Construction of World Headquarters on Long Meadow Road in Warwick

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

Public Comments
Budget Transfers
Vouchers

Adjournment

Town Board Meeting March 10, 2014

The Town Board met on Monday, March 10, 2014 at 7:30 pm. Councilman Matthews was absent.

Public Comments on Agenda Items:

Jerry Mottola inquired as to when the garbage company’s contract was up for renewal.

He was told in 2-3 years.

He was then asked if he was dissatisfied with the garbage service and he replied that he was. The truck driver rang his doorbell and complained that there were recyclable items in the regular garbage. Also, the Sons of Italy had put a refrigerator out to be removed and 3 weeks later, it is still there.

He was told that there is a list of recyclables on the Town website. As far as the refrigerator is concerned, one has to call the garbage company and request pickup and then it will be done.

Town Supervisor/Town Board Update:

Supervisor Rost reported that conversations continue with Ramapo Sewer. Related has had a couple of meetings with Rockland County Executive Ed Day and the Supervisor, along with the Town’s consultants, will have a meeting with the Ramapo Sewer District on Thursday of this week.

The Sueprvisor also reported that there has been interest from both Related and the YMCA in putting a YMCA facility into Tuxedo Farms. This could include an outdoor pool and, depending on results of the YMCA’s research, an indoor pool. There would definitely be gymnasium space. The YMCA has already been in touch with the School District and ascertained that they need more gym space and time. The YMCA will be forming a community group with representatives from all sections of Town to see what facilities would be used regularly.

Supervisor Rost reported that he will have a meeting on Wednesday with Standard & Poor’s and the lender to discuss the Quarry Field financing. There followed a discussion on whether the Town should be looking for a 20 year or 30 year bond. Councilman Loncar commented that he had not received any information on why they should go for one over the other. Supervisor Rost remarked that there was $12,000 left over from last year’s budget and he suspected that it would be worse this year. Thus, he feels the 30-year bond with the lower payments might be in order.

Watchtower will present to the Board at their next public meeting (Monday, March 24th). They will give an account of what they are doing up at the old International Paper site.

The audit is still ongoing.

Resolutions:

The following resolutions were passed:

a Resolution to approve engaging Richard Croughan and Joseph Villanueva to represent the Town as Court Prosecutors. This appointment is provisional upon completion of a successful interview with Town Board members.
a Resolution to approve Refuse Collection Licenses for Sterling Carting and Marangi Disposal
a Resolution approving annual towing licenses for Harriman Auto and C.A.R.S.

Other Business:

The Supervisor acknowledged receiving a letter of apology from Stefan Christian, Chief of Fire District #2 for the fireworks that were set off at the Firehouse during the half time of the Super Bowl.

After approving some budget transfers and signing the vouchers, the meeting was adjourned into an Executive Session to receive advice from counsel regarding Tuxedo Farms.

Town Supervisor Update

Hello Tuxedo,

On January 27, 2014, I was officially sworn in as Town Supervisor along with returning Councilperson Cliff Loncar and presided over my first board meeting. As I stated at the meeting, one of my objectives is to keep the community well informed of the business happenings within our local government. Periodically, I will be sending out a newsletter such as this to highlight pertinent issues that come before the Town Board.

The minutes of the meeting are approved and you will be able to find them here http://www.tuxedogov.org/Town-Board

I want to give you my personal perspective on the meeting for those who were unable to attend, as well as other important matters facing the Town. As you may know, Councilperson Lisa Spivak resigned from the Town Board. I extend heartfelt thanks to Lisa for her many years on the Board and I wish her and her family all the best—although I know that they won’t become strangers. Like many of you, I have known Lisa for several years as a good friend and neighbor.

On February 17, 2014, the Town Board unanimously decided (Councilperson Loncar not in attendance) to appoint Dave McMillen to sit on the Board and will have to run in the general election in November. Dave is a decorated veteran of our Armed Forces, is currently employed by IBM in the area of computer security and he brings a variety of life experiences to the Board. Please join me in congratulating Dave. You can read more about Dave by visiting my supervisor page on our town website http://www.tuxedogov.org/departments/supervisor

After one month in office, I thought it was important to inform you about a few issues facing Tuxedo. My purpose is not to be alarming or engage in “small town” politics, but to govern with transparency and with the informed consent of the residents.

The New York State Comptroller has listed Tuxedo as a municipality that may become subject to financial stress. Information about the Comptroller’s decision can be found here: http://www.osc.state.ny.us/localgov/fiscalmonitoring/index.htm
The Comptroller has decided to conduct a full audit of our Town. I will send out a copy of the audit report when it is completed.
It has come to my attention that the Town’s cash reserves will be minimal at best. Although this reduction has served to lower tax increases, it is my intention to run the Town’s finances as I would my family checkbook—that is, to make sure that we have enough cash in the bank for a “rainy day.”
Despite the efforts of our accounting staff, the Town’s finances for 2013 have not been have not been balanced and closed out to date. I assure you that the Town Board and I are working and will continue to work hard on these issues. In addition, we will inform you as more information becomes available on these matters. Should you have a background in finance/municipal finance and are willing to share your expertise, I am forming a Finance Advisory Committee to provide input. Feel free to make an appointment with Shari Brooks to stop by Town Hall and meet with me. Her number is (845) 351-2265. Also, my email address is supervisor@tuxedogov.org.

It is my privilege to serve the Tuxedo community and it is my objective to put the town first with every decision. I welcome any comments or constructive criticisms you may have. This is your town and I am here to serve you.

Best Regards,
Michael Rost
Supervisor, Town of Tuxedo

Agenda for Town Board Meeting March 10, 2014

Call to Order
Pledge of Allegiance

Minutes
Monthly Reports

Public Comments on Agenda Items
I. Town Supervisor/Town Board Update

2. Resolution to Approve Engaging Richard Croughan and Joseph Villanueva to Represent the Town as Court Prosecutors
3. Resolution to Approve Annual Garbage Collection Permits
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 receiving advice from counsel

Adjournment

Town Board Meeting February 24, 2014

The Town Board met on Monday, February 24, 2014 at 7:30 pm. All members were present.

Public Comments on Agenda Items:
Andy Berish asked for an explanation of the appointments to the Local Development Corporation (LDC). Town Attorney Don Nichol responded that the LDC was set up under the Special Permit for Tuxedo Reserve. Previously, the Town’s members consisted of former Supervisor Dolan and former Councilwoman Spivak along with former Planning Board Chair Nils Gerling. Since none of these people are in office anymore, it is necessary to appoint new, Town members.

Town Supervisor/Town Board Update:
Supervisor Rost began by stating that while there was a lot going on in Tuxedo, he didn’t have much to report. The audit is ongoing. The auditors missed a couple of days due to the recent snow storms. The Supervisor is hoping to meet with them on Wednesday and as soon as he hears something from them, he will share the results.

He also reported having spoken to Highway Chief Pfizenmaier about the growing number of potholes on Route 17. Since this road is a State Highway, Mr. Pfizenmaier will call the State DOT to try to encourage their speedy repair of the road and the Supervisor said he would call them as well.

The Board needs to schedule one final workshop on the proposed zoning amendments. Supervisor Rost is waiting to hear back from Town Planner Franson and Town Planning Board Attorney Terhune so that he can schedule a time when both are available.

Councilman Loncar stated that he had been away on vacation for the past 10-12 days. Before he left, it had been his understanding that Councilman McMillan would be appointed at this meeting. Instead, he discovered that Mr. McMillan had been appointed and sworn in a week ago and he wanted to know why. Supervisor Rost replied that the Board members who were in Town felt it was prudent to get the seat filled as soon as possible. Councilman Loncar then asked why it was prudent.

The Supervisor responded that they wanted to move forward, to have Mr. McMillan take his seat so he could start working. Councilman Loncar then asked why he hadn’t been notified of this action.

Councilman Phelps then stated for the record that he and Councilman Loncar had already had this conversation and that he had forgotten to call him.

Councilman Loncar then suggested that the same thing had happened with the appointment of Michael Reardon as Planning Board Chair and “no one knows why.” The Supervisor responded that he’d sent an email out informing all council members about Mr. Reardon’s impending appointment.

Councilman Loncar admitted he’d gotten an email the day before.

The Supervisor next asked him if he had been in favor of Mr. Reardon’s appointment and Councilman Loncar responded that he might have liked to talk to Mr. Reardon and ask him some questions beforehand.

Supervisor Rost replied that when they had had their executive session about the Planning Board and conducted interviews, it had been his impression that Councilman Loncar was in favor of appointing Mr. Reardon as Chair.
Councilman Loncar responded that this might be the case, but he still wanted to ask Mr. Reardon some questions.

The Supervisor asked Councilman Loncar what the problem was and Councilman Loncar responded that he wasn’t getting any communication.
Supervisor Rost then asked if the coucilman had received a voicemail, which he’d left for him the previous Friday as well as an email the night before.

Councilman Loncar acknowledged receiving both.

Moving on, he inquired as to what was happening with the Quarry Field property.

Supervisor Rost replied that the Board had been under the impression that they had to wait until 2013 was closed out fiscally before going ahead with the bond. However, they have recently discovered that this is not the case and are planning to proceed. They were waiting for Councilman Loncar to return before moving forward.

Resolutions:
The following resolutions were passed:

a Resolution to appoint Michael Reardon as Planning Board Chairman (Councilman Loncar abstained)
a Resolution to appoint Michael Rost, Gary Phelps and Michael Reardon as Directors of the Tuxedo Local Development Corporation and confirm the appointment of Thomas Nash of Sterling National Bank as the banking representative of the LDC.
a Resolution to award the bid for the 1996 Ford Ranger (former Dogcatcher’s truck) for $701.50 to Albert Crawford.
a Resolution to approve annual towing licenses for Tuxedo Gulf, Loyal Tire and NJV Auto

Other Business:

Councilman McMillan stated that he was concerned about trucks parking behind the Tuxedo Square Building as this creates a dangerous situation for cars coming down from the Nursery and potentially an extremely dangerous situation for any emergency vehicles.

Town Attorney Nichol explained that the procedure for changing the parking regulations on a Town road would be to amend the Town Code, which would require writing a new law and conducting a public hearing.

The Board decided to make Park Avenue from Van Zandt Dr. to Library Road a loading zone only. The area is currently zoned for 3 hour parking. The law will be written and the ensuing process will afford time for the people who have been parking there to be notified that this will not be allowed any more.

The vouchers were then signed and the meeting was adjourned.

Agenda for Town Board Meeting February 24, 2014

Call to Order
Pledge of Allegiance

Minutes
Monthly Reports
Public Comments on Agenda Items

1. Town Supervisor/Town Board Update

2. Resolution to Appoint Michael Reardon as Planning Board Chairman

3. Resolution to Appoint Directors and Confirm Appointment of Banking Representative of Tuxedo Local Development Corporation

4. Resolution to Award Bid for 1996 Ford Ranger

5. Resolution to Approve Annual Towing Licenses

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

Public Comments
Budget Transfers
Vouchers

Adjournment

Special Town Board Meeting February 17, 2014

The Town Board met on Monday, February 17, 2014 at 4 pm. Councilman Loncar was not present.

The sole purpose of the meeting was to appoint someone to take Lisa Spivak’s seat on the Town Board. Supervisor Rost nominated David M. McMillan for the position. The motion was seconded by Councilman Phelps and the vote was unanimous. Mr. McMillan is presently a member of the Town’s Planning Board. Since he can’t serve on both boards at the same time, his appointment creates another vacancy on the Planning Board, which means there are now openings for two regular members and one alternate on the Planning Board.

Councilman McMillan was sworn in by Town Clerk Laurent and then the meeting was adjourned.

Town Board Meeting February 10, 2014

The Town Board met on Monday, February 10, 2014 at 6:30 pm. Councilman Loncar was late and arrived just as the meeting was being adjourned.

Town Supervisor/Town Board Update:
Supervisor Rost reported that the Town audit is ongoing. The auditors are now in their second week with probably 4 more weeks to go.

Sue Papke asked how comprehensive the audit was. She wondered if it was a procurement audit and how it differed from the last one that was done.

Supervisor Rost replied that the last audit was a procurement audit but this one is going to check everything.

Supervisor Rost announced that the Ramapo Sewer District is now receptive to having the Town hook into their line and plant in Hillburn. If it happens, this would effect the Hamlet and also Tuxedo Reserve.

Tuxedo Reserve has decided to change their name to Tuxedo Farms as they think they can market that name better. They will be coming before the Planning Board soon.

The Supervisor reported that the Board had had a good meeting last week when they met in Executive Session to discuss possible candidates for the open seat on the Town Board. They planned to continue that process following that evening’s meeting with interviews.

The Bond Company has sent some new paperwork for the bond for the Quarry Field purchase. Supervisor Rost commented that the Board’s number one priority at the moment was to get the vacant seat on the Board filled, but once that is done, they will discuss the bond.

The bonfire was well attended on Sunday. The Supervisor thanked Shari Brooks for organizing the event.

Resolutions:
The following resolutions were passed:

A Resolution authorizing the Town Clerk to attend the NY Town Clerks Association Training Conference in Saratoga, NY, April 26 – April 30th, 2014
A Resolution to approve the application for a Refuse Collection License submitted by Interstate Waste Systems, Inc. (this is an annual renewal).
A Resolution to allow the Supervisor to discuss hooking into the Ramapo Sewer District with that District.

Public Comments:
Mary Graetzer stated that she had asked in the past to have a red lined copy of the proposed zoning amendments. First, she was told she could have one but it never materialized. When she asked again, she was told that there had been so many different red lined copies, they wouldn’t know which one to send her. Now, it has come to Mrs. Graetzer’s attention that the proposed amendments have been sent to Orange County for comment and she presumes in order for that to have happened, there must be some kind of red lined copy or document outlining what the original code was and was the proposed changes are. She formally asked for a copy. Town Clerk Laurent said she had asked Town Planner Bonnie Franson for a red lined copy when Mrs. Graetzer first made her request. Ms. Franson said that because the amendments had been worked on for many years, there were so many changes that there was no way to come up with a definitive red lined copy. Mrs. Laurent said she would request a copy of what had been sent to the County.

The meeting was adjourned into an Executive Session for the purpose of conducting interviews of candidates for the vacant Town Board seat.

Agenda For Town Board Meeting February 10, 2014

Call to Order
Pledge of Allegiance

Minutes
Monthly Reports
Public Conunents on Agenda Items

Town Supervisor/Town Board Update
Resolution to Authorize Town Clerk to Attend the NYS Town Clerks Association Training Conference in Saratoga, New York, April26 through Apri130, 2014
Resolution to Approve Refuse Collection License
Any other business as may come before the Board after this Agenda is posted

Public Conunents
Budget Transfers
Vouchers

Executive Session for the Purpose of Conducting Interviews of Candidates for

Open Town Board Seat
Adjoununent

Agenda for Special Town Board Meeting February 3, 2014

Call to Order
Pledge of Allegiance

Resolution to Enter into Executive Session for the Purpose of Discussing Possible Appointee to the Town Board

Adjournment

Town Re-Announces Open Positions on The Architectural Review and Planning Boards

THE TOWN BOARD HEREBY NOTIFIES THE PUBLIC THAT THE TOWN WILL APPOINT THE FOLLOWING POSITIONS:
· Member of Planning Board
· Member of Architectural Review Board

INTERESTED APPLICANTS SHOULD SUBMIT THEIR RÉSUMÉS NO LATER THAN FRIDAY, FEBRUARY 14, 2014 TO THE TUXEDO TOWN SUPERVISOR, TOWN HALL, ONE TEMPLE DRIVE, TUXEDO, NY 10987.

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

Town Board Reorganization/Regular Bi-Monthly Meeting January 27, 2014

The Town Board held their annual Reorganization meeting on Monday, January 27, 2014 at 7:30 pm. All members were present.

Supervisor Rost opened the meeting by welcoming everyone.. He remarked that it was good to see so many people there and he hoped they would continue to attend meetings. “It’s your Town and I work for you,” he commented.

Next, there was a swearing in ceremony for Supervisor Michael Rost and Councilman Cliff Loncar.

Public Hearing on Increase in Senior Citizen Tax Exemption:
There were no comments from the public, so the public hearing was closed.

Annual Reorganization Meeting:
Supervisor Rost stated that copies of the Reorganization document were available at the back of the room and had also been posted on the Town website. Commenting only on the changes which were being made, he said that all of the Town Consultants were being put out for RFP(request for proposal) and, until the RFPs had been put out and the proposals received and reviewed by the Board, the Consultants would stay the same as last year. It should be noted that the “extra” appointments, for the Supervisor (Budget Officer, Emergency Management Officer) will no longer be filled by the Supervisor.

Appointments:
The following appointments were made:

Supervisor’s Clerk	Shari Brooks
Supervisor’s Bookkeeper	Brian Sullivan
Deputy Supervisor	Gary Phelps
Deputy Registrar	Joanne Ennis
First Deputy Town Clerk	Joanne Ennis

The yearly salaries were approved for the following Town Officials:
(These salaries represent a 3.0% raise for most employees.)

Supervisor	Michael Rost	$37.475.00
Town Council Member	Clifford Loncar	$ 6,634.89
Town Council Member	Kristian Matthews	$ 6,634.89
Town Council Member	Gary Phelps	$ 6,634.89
Town Justice	Shawn Brown	$ 24,553.00
Town Justice	Sandy Newman	$ 23,690.00
Receiver of Taxes	Greg Stevens	$ 11,362.00
Town Clerk	Elaine Laurent	$ 63,295.00
Superintendent of Highways	Ed Pfizenmaier	$ 97,068.00
Supervisory Court Clerk	Elizabeth Smith	$ 47,506.00
Justice Clerk	Claire Squillini	$ 39,656.00
PT Court Clerk	Mary Stalnaker	$ 29,312.00
Supervisor’s Clerk	Shari Brooks	$ 38,229.00
Recreation/Summer Camp Director	Shari Brooks	$ 18,062.08
Town Bookkeeper	Brian Sullivan	$ 40,435.00
Asst. Bookkeeper	Patricia Monico Sullivan	$ 853.00
Budget Officer	Brian Sullivan	$ 5,137.00
Assessor	Gregory Stevens	$ 40,306.00
First Deputy Town Clerk	Joanne Ennis	$31,337.00
Payroll Clerk	Deborah Villanueva	$ 2,771.00 * pd on an hourly basis of time worked
Records Management Officer	Elaine Laurent	$ 3,729.63
Deputy Records Management Officer	Joanne Ennis	$ 2,469.90
Dog Control Officer	Thomas Murphy	$ 7,448.00
Deputy Emergency Management Officer	Ralph Brooks	$ 784.00
Clerk for Superintendent of Highways (part-time)	Rachel Artrip	$12.79/hr
Parking Fee Collector (part-time)	Mary Stalnaker	$15.12/hr
Police Chief	Patrick W Welch IV	As per contract
Supervisor of Dog Control Officer	Patrick W Welch IV	$ 2,500.00
Pollice Lieutenant, Sergeants & Patrolmlen		As per contract
Full-time Police Dispatchers		As per contract
Police Matron	Margaret Baruffaldi
Police Matron	Dawn Graham
Part-time Police Dispatchers		$12/hr during training, $15/hr after training
Fire Inspector/Building Inspector/Code Enforcement Officer/Flood Damage Prevention Administrator	David Maikisch	$62,523.06
Project Coordinator for Building Department, Zoning Board, Planning Board, Architectural Review Board	Deborah Villanueva	$50,102.35
Park & Recreation Advisory Board Member	Adam Frank (12/31/2014)	No compensation
Park & Recreation Advisory Board Member	Joseph Ricard (12/31/2015)	No compensation
Park & Recreation Advisory Board Member	Jean Ruffino (12/31/2016)	No compensation
Park & Recreation Advisory Board Member	Leslie DeVore (12/31/2017)	No compensation
Park & Recreation Advisory Board Member	Edward Pfizenmaier (12/31/2017)	No compensation
Park & Recreation Advisory Board Member	Deborah Villanueva (12/31/2018)	No compensation
Park & Recreation Advisory Board Member	Paul DiPaulo (12/31/2014)	No compensation
Board of Fire Commissioners Member	Charles Jones 12/31/14)	No compensation
Board of Fire Commissioners Member	Elwood J. Briggs (12/31/15)	No compensation
Board of Fire Commissioners Member	Kent Clark (12/31/15)	No compensation
Board of Fire Commissioners Member	Gardiner Hempel, Jr. (12/31/16)`	No compensation
Board of Fire Commissioners Member	Edward J. Brennan, Jr. (12/31/17)	No compensation
Board of Fire Commissioners Member	Ralph Brooks, Sr. (12/31/18)	No compensation
Board of Fire Commissioners Member	Todd J. Darling (12/31/18)	No compensation
Board of Assessment Review
Board of Assessment Review Chairman	Louis DeBrino (9/30/16)	$ 1,492.00
Board of Assessment Review Member	Carol Matthews (9/30/14)	$ 533.03
Board of Assessment Review Member	Edward Brennan (9/30/15)	$ 533.03
Board of Assessment Review Member	Nathaniel Jackson (9/30/17)	$ 533.03
Board of Assessment Review Member	Frederick Jones (9/30/18)	$ 533.03
Zoning Board of Appeals Chairman	Francis W Peverly (12/31/15)	$1.595.00
Zoning Board of Appeals Member	Russell Shaver (12/31/14)	$1,154.00
Zoning Board of Appeals Member	Andrew Rogers (12/31/16)	$1,154.00
Zoning Board of Appeals Member	Thomas Darling (12/31/17)	$1154.00
Zoning Board of Appeals Member	George D Langberg III (12/31/18	$1154.00
Zoning Board of Appeals Alternate	Open position (12/31/14)
Planning Board Member	Joseph Gartiser (12/31/18)	$2,634.16
Planning Board Member	David McMillen (12/31/14)	$2,634.16
Planning Board Member	Linda Phelps (12/31/15)	$2,634.1 6
Planning Board Member	Michael Reardon (12/31/16)	$2,634.16
Planning Board Member	Open (12/31/17)	$2,634.16
Planning Board Member Alternate	Open (12/31/14)
Architectural Review Board Chairman	Darrin Maynard (12/31/14)	$1,731.00
Architectural Review Board Member	George McCathern (12/31/16)	$1,119.50
Architectural Review Board Member	Richard Rigoli (12/31/16)	$1,119.50
Architectural Review Board Member	Dale Mottola (12/31/14)	$1,119.50
Architectural Review Board Member	Open (12/31/2015)
Town Legal Counsel*	Jacobowitz and Gubits	$50,000 per annum $180/hr for non-retainer items
Town Engineers*	Holzmacher, McLendon & Murrell	As per contract
Auditor*	Theodore J Eglit, Jr.	$14,000.00
Planning Board Legal Counsel*	Jacobowitz & Gubits	As per contract
Planning Consultant to the Planning Board*	Bonnie Franson	As per contract
ZBA Legal Counsel*	Lisa J. Felicissimo	$125/hr

*until and if such time arises that a successor may be appointed pursuant to a Request for Proposals to be advertised in 2014.

In addition, the following appointments were made:

Town Veteran’s Officer	Paul Mitchell
Town Historian	George D. Langberg, Jr.
Official Newspaper of Record	Times Herald Record
Official Depository	JP Morgan Chase

The regular bi-monthly meeting of the Board followed.

Public Comments on Agenda Items:
Andy Berish asked for an explanation of the Senior Citizen Tax Exemptions. He was told that the Town has always given the highest tax exemptions allowable by law.. The levels of income to make one eligible for these exemptions are set by the State and the State has recently raised that level. This law raises the Town’s level so that it is the same as the State’s.

Town Supervisor/Town Board Update:
Supervisor Rost reported that by the end of the month, he hopes to have met with all of the Department Heads in Town. He also said he had attended 3 days of training in Albany offered by the Association of Towns in association with the Comptrollers Office. He found the training very informative and helpful.

The Supervisor then announced that Councilwoman Spivak had resigned from the Board. It is his goal to have the Board agree on a replacement as quickly as possible so that they can keep the Town moving.

The Town is looking for a new Town Prosecutor.

Because of the unusual circumstances (Ms. Spivak’s resignation, the withdrawal of former Supervisor Dolan’s application for the Planning Board) they have decided to repost all the Board positions at this time. As such, The Supervisor urged anyone in Town interested in the open positions (one on the Planning Board and one on the Architectural Review Board ) to apply.

Supervisor Rost also stated that a representative from the State Comptroller’s Office would be in Tuxedo on Wednesday, January 29 to begin a full audit of the Town.
Resolutions:
The following resolutions were passed:

a Resolution adopting a revised schedule of Senior Citizen tax exemptions
a Resolution rejecting certain bids and awarding a bid for used vehicles (they rejected very low bids on 2 cars and accepted a bid for a third one).
a Resolution to surplus 1996 For Ranger and authorize the Town Clerk to advertise for bid
a Resolution to authorize execution of agreement with Warwick Humane Society for 2014 Animal Shelter Services (fees to remain the same).

Other Business:
A Resolution was passed to authorize the Town Clerk to re-Post notice of open positions on the Planning Board and Architectural Review Board.

Public Comments:
Sue Scher stated that she was in receipt of a copy of a letter in which the DEC found the Town in non-compliance with the mulching operation on January 6, 2014. She wondered what has happened since the Town received the letter.

The Supervisor deferred to Attorney Nichol to answer since he met with the DEC while the Supervisor was in Albany undergoing training. Mr. Nichol reported that Perfect Cut, the operator of the site, was also present at the meeting. Perfect Cut indicated that they would take responsibility for bringing the site into compliance. The height of the piles has been reduced (although the height markers have now been removed so it’s a little hard to tell if they remain at the proper height. They have been asked to put those markers back.) and they need to finish putting the material into wind rows. Going forward Perfect Cut will be directly liable to the DEC for full compliance. Supervisor Rost added that he was going to meet with Perfect Cut next week.

Jim Hays asked if the candidates being considered for Ms. Spivak’s seat would be listed on the Town’s website and he was told no.

Sue Scher asked if the email addresses for the Town Board members could be listed on the site.

An audience member asked how long the appointment for the empty Town Board seat would run. Attorney Nichol responded that the appointment would be until the end of the year, with an election taking place during the next General Election in November.

Andy Rogers asked if the Town recognized the Cold War veterans for exemption purposes and he was told that they do.

Jake Matthews urged the Board to try to put the Town Code on line at some point during 2014.

Supervisor Rost replied that there had already been some discussion on this subject and he was hopeful that it would happen.

Agenda for Town Board Reorganization Meeting and regular Bi-Monthly Meeting January 27, 2014

Call to Order
Pledge of Allegiance

PUBLIC HEARING ON INCREASE IN SENIOR CITIZEN TAX EXEMPTIONS
2014 REORGANIZATION MEETING
REGULAR BI-MONTHLY MEETING

Minutes
Monthly Reports
Public Comments on Agenda Items

1. Town Supervisor/Town Board Update

2. Resolution to Adopt Revised Schedule of Senior Citizen Tax Exemptions

3. Resolution to Award Bids for Used Vehicles

4. Resolution to Surplus 1996 Ford Ranger and Authorize Town Clerk to Advertise for Bid

5. Resolution to Authorize Execution of Agreement with Warwick Humane Society for 2014 Animal Shelter Services

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

Public Comments
Budget Transfers
Vouchers

Adjournment

Town Councilwoman Lisa Spivak Resigns While Former Supervisor Peter Dolan Withdraws Application to Chair Planning Board

Councilwoman Lisa Spivak handed in her resignation today, January 23, 2014. In an email to Supervisor Rost and the rest of the Board, Mrs. Spivak said her resignation was effective immediately. The Town Board will appoint someone to serve out Mrs. Spivak’s term.

In other news, former Supervisor Dolan has withdrawn his application to join and chair the Planning Board.

The Town Board’s Annual Reorganization meeting will take place on Monday, January 27th at 7:30 pm.

Agenda for Town Board Reorganization Meeting and Regular Bi-Monthly Meeting January 2014

Call to Order
Pledge of Allegiance

ADMINISTRATION OF OATHS OF OFFICE TO NEWLY-ELECTED/RE-ELECTED TOWN OFFICIALS
SUPERVISOR MIKE ROST, COUNCILMEMBERS LISA SPIVAK & CLIFF LONCAR, JUSTICE SHAWN BROWN
2014 REORGANIZATION MEETING
REGULAR BI-MONTHLY MEETING

Minutes
Monthly Reports
Public Comments on Agenda Items

1. Town Supervisor/Town Board Update

2. Resolution to Award Bids for Used Vehicles

3. Resolution to Surplus 1995 Ford Ranger and Authorize Town Clerk to Advertise for Bid

4. Resolution to Authorize Execution of Agreement with Warwick Humane Society for 2014 Animal Shelter Services

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

Public Comments
Budget Transfers
Vouchers

Adjournment

Town Board to Hold Special Meeting January 10, 2014 at 10:30am

TOWN OF TUXEDO
PUBLIC NOTICE

NOTICE IS HEREBY GIVEN that the Tuxedo Town Board shall hold a Special Meeting commencing at 10:30 a.m. on Friday, January 10, 2014 at the Tuxedo Town Hall, One Temple Drive, Tuxedo, New York, for the purpose of entering into Executive Session to discuss specific candidates for membership on the Planning Board and the Zoning Board of Appeals.

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

Dated: January 9, 2014

Agenda for Town Board Meting December 31, 2013

Call to Order
Pledge of Allegiance

1. Review and Approval of Vouchers

Adjournment

Town Board Meeting December 23, 2013

The Town Board met on Monday, December 23, 2013 at 7:30 pm. All members were present.

The meeting began with a moment of silence for lifelong Town resident Wayne Jenkins, Jr. who died recently.

Several presentations were then made honoring outgoing Supervisor Peter Dolan. First, Town Clerk Elaine Laurent awarded him a key to the Town. She was followed by Warwick Supervisor Michael Sweeton, who presented the Supervisor with a certificate of appreciation from the Orange County Association of Towns. Bill Sweet, representing the Chamber of Commerce, presented Mr. Dolan with a framed photograph of the Tuxedo Train Station, which was taken by Diane Bolan of Dragonfly Studios. Finally, on behalf of the Eagle Valley Fire Department, Ralph Brooks gave the Supervisor a plaque thanking him for his service.

Town Supervisor/Town Board Update:
The Supervisor reported that he’d had a very busy week. He said the most important thing he had done was to meet with representatives of the Watchtower (Jehovah’s Witnesses) who are looking to increase their presence in the Town. Representatives of Watchtower were present in the audience. Enrique Ford, Project Architect of the Warwick project, reported that he had been working on the project for over 4 years and that, so far, it has been very successful. On July 17, they received site plan approval from the Town of Warwick. The project in Warwick encompasses the construction of the new Watchtower headquarters, which will house the global organization. It will not have printing or schools. It will not be a “destination,” meaning there will not be assemblies there. Rather, it will be the administrative headquarters. It will house between 800-1000 residents. They have been very sensitive to the environment and are adopting many green practices from geothermal fields to a sustainable design model. The project encompasses a mixed use cluster development, which will provide offices as well as enclosed parking and recreational services They have already completed a batch plant and are continuing to batch their own concrete. Construction of the first vehicle maintenance building is complete. In January, Watchtowner will start construction on the first permanent residence building. They feel that they messed up their operation because they completed the renovation of the former International Paper building as a staging center for construction with residences and shops and then their administrators left town. The original intention was to “flip” the property when construction was done. Now, however, the administrators have decided to stay. They are looking to see how they can become part of the community. They would like to invite their “future neighbors” to come visit and tour the property and thus discover how they can “become a positive influence in the community.”

Supervisor Dolan stated that while he had a basic understanding of the Watchtower organization, he felt that many people in Town did not. He has suggested that a meeting be held at which the Witnesses can explain themselves to the Town. The Supervisor also reported having received a letter the previous Friday from the Watchtower asking for some zoning considerations for their property. He said he had passed the letter on to the Town Planner and that the future Town Board would deal with it. Supervisor Dolan believes that the Watchtower may want to purchase more property in Town, such as the Nungin Sunwon property. This is a big consideration for the Town because the Watchtower does not pay taxes and this would lock up the remaining LIO property in Town. Mr. Ford stated that the Watchtower can have up to 80,000 visitors a year. Such visitors are apt to stay in local hotels and frequent local restaurants because of this they feel they are an asset to the community where they are located. They are non political and do not vote. They believe in being good stewards of whatever community they reside in. More information about the organization can be found at www.jw.org.

Due Process Hearing on Performance Bond for Improvements in the Ski Side Villas Development:
Ski Side Villas is a development in the northern part of Town. The pavement for the road was put down at the wrong temperature and consequently has started to peel. Thus the Town is not accepting dedication of the roads and they are looking to take bond money to pay for redoing the pavement. Attorney Joseph Deutsch was present representing Mr. Torso, the owner of the development. He stated that he objected strenuously to the proceedings as he had had no idea that he was coming to a hearing. He went on to say that Mr. Torso was out of town, however he (Torso) felt he had done everything that he said he would do. Mr. Deutsch has been investigating the matter. He found that things had been done very informally on the part of both Mr. Torso and the Town. He objects to the Town Board having authorized the Supervisor to collect on Mr. Torso’s letter of credit to pay for repaving the road as he feels the Board has not followed the proper procedure.

Supervisor Dolan replied that he had met with Mr. Torso several times and that Mr. Torso is ignoring his requests.

Mr. Deutsch stated that Mr. Torso has said he will plow the road over the winter. Since the road can’t be fixed in the winter time, Mr. Deutsch wanted to know what the need to hurry was. Tuxedo Town Attorney Nichol agreed that there was no hurry to get this done. A date of April14th was set for an inspection by both The Town’s and Torso’s engineers.

Afterwards, hopefully an agreement can be reached as to what Torso will do to finish the road.

Notifications:
The following notifications were given:

A Notification of Decision and Order Dismissing Article 78 Appeal filed against the Town by Coyne Legal Group on behalf of Tuxedo Land Trust, Thomas Wilson, Mary Graetzer, Rogert McQuilkin, Peter Regna, Torne Valley Preservation Association and Patricia Wooters
A Notification of Stipulation and Discontinuance of lawsuits administrated by David Shaun Neal and brought against the Town by Evelyn David, Frank and Angela Coviello, Mark Coviello, Elizabeth Frasinelli Dominique Gouldner, Edward Matthews, Kristian and LeeAn Matthews, Michael P and Joyce Oslacky, Peter and Tracy Oslacky, John and Lisa Petriello, David and Pamela Stevens and Michael Squillini

The Coyne Legal Group, which was representing both groups of litigants, has decided to cease operations in America.

Resolutions:
The following resolutions were passed:

A resolution tentatively scheduling the next workshop on the proposed Zoning Code amendments for 6 pm on January 6, 2014.
A resolution to schedule the annual reorganization meeting for January 21, 2014 at 7:30 pm
A resolution to schedule a Public Hearing regarding an increase in Senior Citizen Tax Exemptions for January 21 following the reorganization meeting
A resolution to appoint Christopher A. McGrady as Seasonal Snow Plow Operator
A resolution to appoint Ralph “Rip” Brooks and Todd Darling as Members of the Board of Fire Commissioners through 12/2018

Also a reminder that all recipients of STAR Basic School Tax Relief must re-register by December 31, 2013

The meeting then adjourned into an Executive Session to discuss a Police issue.

Agenda for Town Board Meeting December 23, 2013

Call to Order
Pledge of Allegiance

Minutes
Monthly Reports
Public Comments on Agenda Items

1. Town Supervisor/Town Board Update

2. Notification of Decision and Order Dismissing Article 78 Appeal filed against the Town by Coyne Legal Group on behalf of Tuxedo Land Trust, Thomas Wilson, Mary Graetzer, Robert McQuilkin, Peter Regna, Torne Valley Preservation Association and Patricia Wooters

3. Notification of Stipulation of Discontinuance of lawsuits administrated by David Shaun Neal and brought against the Town by Evelyn David, Frank and Angela Coviello, Mark Coviello, Elizabeth Frasinelli, Dominique Gouldner, Edward Matthews, Kristian and LeeAnn Matthews, Michael P. and Joyce Oslacky, Peter and Tracy Oslacky, John and Lisa Petriello, David and Pamela Stevens, and Michael Squillini

4. Resolution to Re-Schedule Public Hearing on Adoption of Zoning Code Update

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

7. Reminder: All Recipients of STAR Basic School Tax Relief Must Re-Register by December 31, 2013

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

Public Comments
Budget Transfers
Vouchers

Adjournment

Town Board Zoning Code Amendment Workshop December 16, 2013

The Town Board met on Monday, December 16, 2013 at 5 pm for a workshop session on the proposed Zoning Code amendments. Councilmen Loncar and Phelps were absent.

Town Planner Bonnie Franson and Town Planning Board Attorney Alyse Terhune were present.

This was a continuation of the Workshop held on December 9, 2013. Planner Franson began by defining the different proposed zoning districts within the code.

Special Recreation District:
This district exists presently. A significant amount of land ended up being included in this district because it encompasses state park land. The district went from 12,760 acres to over 22,000 acres which primarily reflects the purchase of Sterling Forest and for inclusion in Sterling Forest State Park.

Conservation Residential District:
This district is in the northern part of Town, near Arden. Currently this land is zoned residential and light industry office. The proposed amendments will make it single family residential with an overall density of 1 unit for 4 acres. The district encourages clustered subdivisions with the target of 50% of the acreage being preserved as open space. Some low density non residential uses, primarily something like a resort lodge, would be allowed.

R-1 District:
This district includes properties, which are not at this time served by any central water or sewer. Primarily these properties front on Brammertown Rd. The density is 1 unit per 2 acres. A large portion of these properties are presently zoned R-2. There is also some
R-1 land, which is a part of Tuxedo Reserve.

R-2 District:
This is a “low medium” residential district. Overall density is one single-family unit per acre. There is a section of Benjamin Meadow Rd., which will be zoned R-2. This was done primarily to minimize non-conforming properties. Most of Eagle Valley will be in this district. Hamilton Estates was zoned R-3 at a higher density but that will now be eliminated as all of those lots have been built out. 2 family dwelling units will be allowed by special exception of the ZBA if the property is served by central water or sewer.

R-3:
Primarily this district encompasses the land in the hamlets (both Tuxedo and Southfields) Laurel Ridge is also included in this district.

R-4:
This is the highest density district. This is mostly located in the hamlets.

Tuxedo Town Center District (T-TC):
This encompasses property owned by the Town such as the commuter lot and properties fronting on Route 17. The intent is to allow commercial, retail businesses as well a variety of residential uses including non-residential on the ground floor and then residential above. This will create a mixed-use hamlet.

Southfields Hamlet District (SH):
This is the same concept as T-TC

Neighborhood Business District:
There is one of these, which presently exists. It is in the Eagle Valley area. This district has been minimized as a large portion of the land was acquired by Sterling Forest State Park.

General Business District:
This is located along Route 17, north of the Hamlet. Most of these properties were in a flood plain district. The district would allow commercial uses, but not necessarily retail.

Research Office Zone:
This is located along Long Meadow Road. The area is already zoned RO. Residential uses will no longer be allowed in this zone.

Light Industry/Office District (LIO):

This is located on the Tuxedo Park “northern tract,” and it would allow comparable uses to RO although it also allows some light industry.

Tourism Business District (TB):
This includes the Rennaissance Faire and Ski Center properties. It’s described as a sustainable business park.

Overlay District:
The purpose of this is to show where the Town’s existing PIDs are.

Next, Planning Board Attorney Terhune held a discussion regarding a memo she had written to Town and Planning Board members, spelling out her concerns about the proposed amendments. The following subjects were covered:

Clearing Filling and Grading - From 400-2400 square feet, projects would be administered by the Building Inspector. Anything over 2400 square feet requires Planning Board approval. Councilman Matthews expressed concerns about the properties which front on the river.
Ponds and rivers
Bed and breakfasts
Drive through facilities
Farm Markets
Medical Offices
Overlay Zoning District
Take-out Restaurants
Screening – definition as placement of trees, shrubs, fencing to shield the use of a property from adjoining property owners
Solid Waste
Railroad regulation
Minimum lot area
Authority of ZBA to grant area variances
Rear and side yard setbacks where the lot abuts the railroad right of way.
Sight distance triangle
Through lots
Street frontage requirements on heavily travelled roads
Wireless communication facilities
Temporary permits for amusement parks, circuses, outdoor concerts, etc.
Screening or processing of topsoil
Temporary or permanent outdoor storage
Agricultural operations
Adapted reuse of historical buildings as relates to B&Bs
Signs

The meeting was adjourned at 7:15pm. The Board will set a date for a continuation of this workshop at a later date.

Town Board Zoning Code Revision Workshop December 9, 2013

The Town Board met on Monday, December 9, 2013 at 5 pm for a workshop session on the proposed Zoning Code amendments. Also present were Town Planner Bonnie Franson and Town Planning Board Attorney Alyse Terhune.

Supervisor Dolan opened the meeting by giving a brief history of the project. He pointed out that Town Planner Franson had been working on this project for as long as she has worked for the Town. Alyse Terhune, who is now Planning Board Attorney, also worked on it when she served on the Town Board. The project began in August of 2011 when the Town Board updated the Town’s Master Plan. The proposed law is thus the beginning of rezoning the Town in order that it agree with the Master Plan. It has been available on the Town’s website since February, 2013.

Bonnie Franson gave an overview of the project. She started her presentation by showing two maps, one of the Town as presently zoned (click here to see a copy of this) and the other with the proposed new zoning (click here to see a copy of this). She explained that one of the major changes is that the special recreation area has increased in the new plan. All the state park land is now included in this district. Further, some of the land presently zoned special recreation will allow lower density if developed. Additionally, there are two new districts, the Southfields Hamlet district and the Tuxedo Town Center district. The flood plain districts have also been eliminated in the new plan. of the land

In Arden, the land has been put into a “conservation residential” district with one unit per 4 acres allowed. This land was previously zoned “research office.” Another major change is that under the old zoning, special use permits were issued by the Zoning Board of Appeals but under the new code, they will be issued by the Planning Board. This will simplify the process for applicants.

Attorney Terhune stated that she believed the code should have requirements for special use permits written into it so they can be used by the Planning Board when deciding whether or not to issue such permits.

There ensued a discussion about permitted uses within the Town including gas stations (how many should there be?), drycleaners/Laundromats (does the town want these businesses which use chemicals?), sit down restaurants vs. drive through restaurants, horse stables and landscape materials.

Next they discussed businesses with “pre-existing, non conforming” uses. It was pointed out that if a such a business is discontinued or abandoned for a year, they lose their permit to operate in the Town. Attorney Terhune had to leave the meeting due to another commitment so they postponed discussion of her concerns until another meeting at which she can be present.

There was also a discussion about Bed & Breakfasts within the Town. Ms. Franson reported that when the code was discussed at the Planning Board, they received a lot of negative input from the public about the inclusion of B&Bs. Therefore, they have been removed from the proposed code with one exception, which is an historic building, that might be allowed with a special use permit from the Planning Board.

Ms. Franson went through all the new zones and listed the different uses that would be permitted. (Click here to view a spreadsheet which lists all the permitted uses in the various zoning districts.)

The workshop will be continued on Monday, December 16th at 5 pm.

Town Board Workshop on Zoning Code Changes Continued To December 16

NOTICE IS HEREBY GIVEN that the Tuxedo Town Board shall hold a Special Meeting Continuation commencing at 5:00 p.m. on Monday, December 16, 2013 at the Tuxedo Town Hall, One Temple Drive, Tuxedo, New York, for the purpose of conducting a workshop session regarding proposed changes to the Tuxedo Zoning Law, and any other business as may come before the Board.

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

Open Positions on Town Planning and Architectural Review Boards

THE TOWN BOARD HEREBY NOTIFIES THE PUBLIC THAT THE TOWN WILL APPOINT THE FOLLOWING POSITIONS:

·Member of Planning Board
·Member of Architectural Review Board

INTERESTED APPLICANTS SHOULD SUBMIT THEIR RÉSUMÉS NO LATER THAN FRIDAY, DECEMBER 20, 2013 TO THE TUXEDO TOWN SUPERVISOR, TOWN HALL, ONE TEMPLE DRIVE, TUXEDO, NY 10987.

Town Board to Hold Workshop to Review Changes To The Zoning Law Monday December 9

TOWN OF TUXEDO
PUBLIC NOTICE

NOTICE IS HEREBY GIVEN that the Tuxedo Town Board shall hold a Special Meeting commencing at 6:30 p.m. on Monday, December 9, 2013 at the Tuxedo Town Hall, One Temple Drive, Tuxedo, New York, for the purpose of conducting a workshop session regarding proposed changes to the Tuxedo Zoning Law, and any other business as may come before the Board.

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

Dated: December 3, 2013

Town Board to Hold Public Hearing on Zoning Code Changes December 23

TOWN OF TUXEDO
NOTICE OF PUBLIC HEARING
INTRODUCTORY LOCAL LAW
“ZONING LAW OF THE TOWN OF TUXEDO, NEW YORK”

PUBLIC NOTICE is hereby given that there has been introduced before the Town Board of the Town of Tuxedo, New York, on December 2, 2013, a local law entitled “Zoning Law of the Town of Tuxedo, New York.” Such local law would replace the Town’s existing zoning law, adopted in 1974, with an updated law establishing a set of comprehensive zoning regulations for the Town of Tuxedo, which regulations are in conformance with the updated Town Comprehensive Plan adopted September 12, 2011 and are set forth in the text and map that constitute this Zoning Law. These regulations are adopted for the purposes set forth in Article 16, §§ 261 and 263 of the New York State Town Law and in the interest of the protection and promotion of the public health, safety and welfare. A complete copy of the Introductory Local Law, including text and map, is available for inspection at the Town Clerk’s office and at the Town website, www.tuxedogov.org.

NOW, THEREFORE, pursuant to §20 of the Municipal Home Rule Law, the Tuxedo Town Board will hold a public hearing on the aforesaid Introductory Local Law at the Town Hall, One Temple Drive, Tuxedo, New York, on Monday, December 23, 2013, at 7:30 p.m., or as soon thereafter as the business of the Board permits, at which time all persons interested therein shall be heard.

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

Link to Town Web Page containing Proposed Zoning Amendments (scroll down slightly on web page): http://www.tuxedogov.org/departments/planning

Town Board Meeting December 2, 2013

The Town Board met on Monday, December 2, 2013 at 7:30 pm. Councilman Matthews was absent.

Public Comments on Agenda Items:
Jake Matthews inquired as to how one would go about registering for the STAR basic school tax relief and. He was told that the form should be turned into the Town Clerk after January 1.

Mr. Matthews also inquired about the proposed Zoning Code Update, wondering what that was all about.

Supervisor Dolan responded that the update was something that the Town had been working on for many many years. It had been put on hold, partly because of the election cycle, and now he was trying to move it along. He further explained that it was something that would deal with issues in various sections of town. The Town received a $30,000 grant to work on the update. The Planning Board reviewed it and gave their recommendations about 5 months ago. There will be a workshop meeting next Monday, December 9, with the Town Planner to further discuss the update.

Mr. Matthews and several other audience members wondered if they would be able to see a “redline” version of the update in advance of any public hearing so they could review what changes have been made. As it stands now, the proposed law is 87 pages long, written in a very small font, with no indication of what, if anything, has changed in the code.

The Supervisor said he would try to get such a version. (The standard version of the proposed amendments can be found on the Town website under Departments/Planning Board)

Mary Hanson wanted to know where she could find the recommendations made by the Planning Board for the Zoning Amendments.

Supervisor Dolan informed her that Town Planner Bonnie Franson had taken those recommendations and incorporated them into the proposed law.
Mrs. Hanson said she was particularly interested in whether or not two family housing and Bed and Breakfasts were going to be allowed in the Benjamin Meadow/Brammertown Rd. area of town. Town Clerk Laurent responded that she had had a conversation with the Town Planner earlier in the day and B&Bs were not mentioned in the text at all. Currently, these types of establishments are not allowed and would only be allowed by special permit. This subject will be discussed at the workshop next week.

Sue Scher asked how the proposed amendments relate to Tuxedo Reserve and was told they have no relation whatsoever as Tuxedo Reserve has its own special zoning covered under the “Smart Code.”

Town Supervisor/Town Board Update:
The Supervisor reported having spent time talking with Town Planner Bonnie Franson about the zoning code.

He also reported that as of January 1 there will be openings on both the Planning Board and ARB.

Resolutions:
The following resolutions were passed:

a Resolution to post for open positions on the Planning Board and the Architectural Review Board, effective January 1
a Resolution to schedule a Public Hearing on Adoption of Zoning Code Update on December 23, 2013 at 7:30 pm
a Motion was made and passed to surplus Dog Control Officer Murphy’s car as well as two police cars.
a Resolution scheduling a workshop meeting on the adoption of the Zoning Code Updates for Monday, December 9th at 6:30 pm.

Also, a Reminder that all recipients of STAR Basic School Tax Relief must re-register by December 31, 21013.

Public Comments:

Jake Matthews asked if there were any update on heat and lighting for the bus station.

Supervisor Dolan responded that they have decided to put in two “high hat” fixtures, one will be for lighting and the other will have a heat lamp for heat. Town Electrician Glenn LaBar will install them.

Jim Hays stated that he heard that there was sediment being moved from the Hudson to the dirt pile at Perfect Cut’s operation. He wondered if the Supervisor could tell him where it came from. Supervisor Dolan replied that the Miniaceonga Yacht Club in Stony Point was repairing damage done to its marina during Superstorm Sandy. As such, they hired Perfect Cut to do some clear cutting on their property. They had to remove some dirt from the creek (not the Hudson river) in order to install new pilings. The sediment in question is not sludge but dirt from the creek.

Mr. Hays asked why they couldn’t have left the dirt either in the creek or the river.

The Supervisor responded that he didn’t get involved in those details.

Mr. Hays then wondered if the Board had given any thought as to how much dirt would eventually be added to the pile. Supervisor Dolan replied that there was relatively little dirt there now. Mr. Hays expressed dismay that the De Marino dirt pile down by the Ramapo Rivers seems to be growing by leaps and bounds and now the Town would have another dirt pile with no limit on it.
The Supervisor replied that De Marino was a separate matter. Mr. Hays pointed out that the De Marino dirt was on private property but Perfect Cut is on Town property so he considers it the Board’s responsibility.

The Supervisor stated that the DEC does not currently have any issue with the dirt. If in the future, it becomes an issue and the Town Board decides they don’t want dirt there, there won’t be dirt there.

Mary Hanson asked if the sludge (which she said she’d seen and it did not look like dirt to her) had been checked for PCBs.
The Supervisor replied that it was DEC certified.

When asked if he had a paper trail for the dirt, he responded that he did.
Frank Peverly commented that there was dirt from the side of the mountain, which had been displaced by Hurricane Irene and went into the creek. (what mountain?) If this is what is being removed, he stated that it is good fill.
Jake Matthews asked where the dirt was stored on the site.

The Supervisor replied that the dirt was on the right side near the entrance to the site and it sits on top of a rock cliff. Mr. Matthews pointed out that it might be a good idea to make sure the dirt was “secured” in some fashion so that in the event of a deluge of rain, it wouldn’t run down and do damage to the Town equipment stored below it on the site.

Mike Squillini inquired as to how long a building permit lasts and how many times it can be renewed.

He was told a permit is good for a year and a half and can be renewed once.

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

Agenda for Town Board Meeting December 2, 2013

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 on Adoption of Zoning Code Update
3. Reminder: All Recipients of STAR Basic School Tax Relief Must Re-Register by December 31, 2013
4. Any other business as may come before the Board after this Agenda is posted

Public Comments
Budget Transfers
Vouchers

Adjournment

Town Board Meeting November 12, 2013

The Town Board met on Tuesday, November 12, 2013 at 7:30 pm. All members were present.

Public Hearing on 2014 Preliminary Budget and Special Improvement Districts Charges including Hamlet Sewer and Sterling Mine Estates Drainage Districts:

There were no questions or comments from the public. The tax rate for the Village of Tuxedo Park will be 14.2558 per thousand, an increase of 1.64%. The tax rate for the Town will be 32.7720 per thousand, an increase of 1.66 % The Sterling Mine Estates Drainage District charge is being increased by $50.

Public Hearing to receive comments regarding the 2014 Woodlands Sewer Rates: (unchanged from prior year)

There were no comments from the public.

Public Comments on Agenda Items:

Patrick Kelly, who owns property in Southfields, came to complain that the pole for his electric service had been ripped out of the ground by the Town. When he asked Orange and Rockland to bring service back to his property, they told him that he had to get permission from the Town before they would restore service. There were words between Mr. Kelly and Supervisor Dolan who explained that Mr. Kelly didn’t have a certificate of occupancy for his house nor did he have a building permit to do the work necessary to get a certificate of occupancy. Town Clerk Laurent said she had given Mr. Kelly her card and asked him to give it to O&R so she could speak with them. Mr. Kelly said he had left the card for someone named Michael at O&R who was out to lunch when he went to see him. Mr. Kelly was then escorted from the building by Police Chief Welsh.

Sue Scher said she’d seen a copy of a presentation outlining plans for the Quarry Field property Despite the fact that she clearly remembers the Supervisor saying that he would be forming a “blue ribbon comittee” comprised of residents to determine what should be done with the property, she saw no mention of participation by Town residents within the plans. Supervisor Dolan reaffirmed that a Committee of Residents would be formed to work on plans for the Quarry Field property. He further added that the reason the price of the property appeared to have risen by $50,000 was that Town Council had advised the Board to bond a higher amount in order to cover any additional expenses that might arise, such as paying the bond counsel or environmental analysis..

Ms Scher stated that Supervisor Dolan had said that a lot of the money for the purchase would come from an unnamed source and wondered if he would reveal who that source was.

He replied that he would not as it was an anonymous donor. Someone from the audience asked if it was the Watchtower and the Supervisor said it was not. He stated that the donor has asked to remain anonymous and even the Town Board members don’t know his or her identity. After further questioning by Jake Matthews, the Supervisor explained that the bond money would pay for the purchase of the property, and the anonymous donation would go toward funding the development of the property. He further stated that the process would work much like the restoration of the Train Station had worked, where money had to be raised through private donations to fund the project.

Mary Graetzer stated that it was her recollection that the fundraising for the Train Station had been done by Susan and Jim Goodfellow. Supervisor Dolan stated that while Mrs. Goodfellow had done some of the fundraising, she had not done the lion share of it and he had had to step in and do it. He further commented that any donation from the LDC ,which is controlled by the Related Company, would also go toward development of the property.
Joe Rickard, who serves on the Recreation Board, asked if the Board would still buy the property if they did not have money for developing it.

The Supervisor replied that they would and that the purchase will serve future generations.

Sue Papke commented that she had been looking for a map of Tuxedo Reserve which “fits over” the existing roads. Although she has looked at the maps available in the Library, she hasn’t been able to see where the various entrances will be in relation to the existing roads.

She was told that the Route 17 Entrance will be near Jesse’s Bagels and there will be another entrance on Old Eagle Valley Road, just outside of Sloatsburg. In addition, there will be emergency access onto South Gate Road close to the back gate of Tuxedo Park.

Mrs. Papke next asked how far in from the road on the Eagle Valley Road side, would the construction begin.

Police Chief Welsh responded that it was about a half a mile.

Mrs. Papke also wanted to know how far off Route 17 the development will be located and she was told it was not far off at all. She then wondered how many homes were in Phase One of the project and was told that there were about 550 homes in the first phase. Next, she inquired as to how much of the Common Area would be built during Phase One and when it would be built? Supervisor Dolan told her that Related was looking to do everything at the same time. They have determined that Senior Housing will not be a “good selling point,” so they plan to push it all the housting together and phase one will look a bit like the Woodlands with its mixed uses. Related will also give the library a property to develop as well as donate a new Town highway garage and eventually, a new Town Hall.

Town Supervisor/Town Board Update:
Supervisor Dolan stated he had nothing to report.

Resolutions:
The following resolutions were passed unanimously:

a Resolution to Adopt the 2014 Final Town Budget*
a Resolution to Adopt the 2014 Woodland Sewer rates
a Resolution to Authorize $2,100,000 Bond for Acquisition of Quarry Field Property
a Resolution to Authorize the Town Clerk to execute an updated agreement with NYDEC for DECALS program. (these are updates to the hunting and fishing licensing programs with the DEC Automated Licensing System (DECALS) which is set to launch on January 1, 2014.

*Jake Matthews asked for an explanation of the fuel sales in the budget. Supervisor Dolan explained that the Town purchased gas and sold it to the Village, the School, the Ambulance Corps and the Police Department.

In addition:

a Notification of Tuxedo High School and STEM Academy Open House on November 14th from 7:00-8:30 pm
a Reminder that all recipients of STAR Basic School Tax Relief must re-register by December 31, 2013..

Other Business:
It was announced that Our Lady of Mt. Carmel Outreach is launching a drive to collect new socks for those in need. Drop boxes can be found at the Tuxedo Park Library, Chase Bank in Tuxedo, St Joan of Arc Church in Sloatsburg and Our Lady of Mt. Carmel Church in Tuxedo. This drive will continue until December 1st.

Public Comments:
Sue Papke asked for an update on the mulch pile. Supervisor Dolan responded that they were still expecting to be in compliance with the DEC by December 31st, and that they were working right now to put the material into windrows. Mrs. Papke asked what would happen next and was told that after the facility was deemed to be in compliance, the Town Board would decide what the next step should be – whether to keep operating in some capacity as the Town will need somewhere to put their leaves, etc., or to close the facility completely.

Sue Scher stated that at last month’s meeting, the Board had gone into Executive Session to discuss with their attorney a request that had been made by Tuxedo Reserve. At that time, they would not reveal what the request had been and Ms. Scher asked if they would reveal it now.

Supervisor Dolan replied that they were not yet ready to discuss this in public.
Ms. Scher then asked if they would talk about it before they agreed to anything and the answer was absolutely yes.

Jake Matthews asked after the status was of the new sewer facility, commenting thatit was his understanding that Tuxedo Reserve is under obligation to build a new facility.

Supervisor Dolan said that yes, there that obligation does exist and that what the Board has been discussing with Related has something to do with this.
Sue Scher wondered if the plans were available for the pubic to see and she was told that yes, ialthough they have not been finalized.

The meeting was then adjourned into an Executive Session to discuss legal matters.

Agenda for Town Board Meeting November 12, 2013

Call to Order
Pledge of Allegiance

PUBLIC HEARINGS to Receive Comments Regarding:
• 2104 Preliminary Budget and Special Improvement District Charges,
Including Hamlet Sewer and Sterling Mine Estates Drainage District
• 2014 Woodlands Sewer Rates

Minutes
Monthly Reports
Public Comments on Agenda Items

1. Town Supervisorffown Board Update

2. Resolution to Adopt2014 Final Town Budget

3. Resolution to Adopt 2014 Woodlands Sewer Rates, Unchanged from Prior Year

4. Resolution to Authorize $2,100,000 Bond for Acquisition of Quarry Field Property

5. Resolution to Authorize Town Clerk to Execute Updated Agreement with NYSDEC for DECALS Program

6. Notification of Tuxedo High School & STEM Academy Open House- November 14, 2013- 7:00- 8:30p.m.

7. Reminder: All Recipients of STAR Basic School Tax Relief Must Re-Register by December 31, 2013

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

Public Comments
Budget Transfers
Vouchers

Adjournment

Town Board Meeting October 28, 2013

The Town Board met on Monday, October 28, 2013 at 7:30 pm. Councilman Phelps was absent.

The meeting began with a moment of silence for lifelong Tuxedo resident Michael Oslacky who died recently.

Public Comments on Agenda Items:

Andy Berish congratulated the Board on the purchase of the Quarry Field property and asked if they had any idea what they intended to do with the it .

Supervisor Dolan responded that they did. Town Planner Bonnie Franson will be coming to make a presentation to the Town in a couple of weeks. She has been working on the plans for approximately 3 months. The Board wants to keep the property green. Some of the ideas being proposed/considered are for a complex consisting of a Recreation Center, Leisure Pool, Tennis Courts, Soccer Field, 2 Softball/Baseball fields, Accessory Parking and Drive and Trails.

Mary Graetzer asked how the Town planned to pay for all the proposed facilities. The Supervisor responded that he already had a half million dollars in funding. Mrs Graetzer asked where the funding had come from. The Supervisor responded “from other places.” When pressed, Supervisor Dolan explained some money would come from the LDC and some from a private donor. He further stated that he has written a letter to the whole Town, which is presently at the printers and expected to be in everyone’s mailboxes “any day now.”

Town Supervisor/Town Board Update:
Supervisor Dolan reported that he has been working on the budget and the purchase of Quarry Field.

Several residents have approached the Supervisor asking for improvements to the crossing from East Village Road to the train station area. Supervisor Dolan contacted the MTA, who has agreed to make some improvements. They will put in a new pedestrian crossway on the asphalt, as well as install a new pedestrian gate.

There will also be a new concrete sidewalk and some fencing.

Click here to see a drawing of the proposed improvements.

Resolutions:
The Resolution to authorize a Bond to Acquire Quarry Field was tabled due to the Town’s Bond Counsel not having finished the resolution. Also, Councilman Phelps is out of Town and he wanted to be a part of the vote. Thus, the Board will take this up at the next meeting on Tuesday,November 12th. (Monday, November 11th is Veteran’s Day.)

The following resolutions were passed unanimously:

a Resolution to schedule public hearings to receive comments on 2014 Preliminary Budget and Special Improvement District Charges, including Hamlet Sewer District and Sterling Mine Estates Drainage District. This public hearing has been scheduled for 7:30 pm on November 12th.
a Resolution to schedule Annual Public Hearing on Woodlands Sewer Rates. This has also been scheduled for November 12th and will immediately follow the budget hearings.
a Resolution to grant a Specia Permit for Our Lady o Guadalupe Torch Relay Run to take place on 12/7/13 at 12 noon. This is an annual event and requires no additional services from the Town.
a Reminder that all recipients of STAR Basic School Tax Relief must re-register by 12/31/13

Other Business:
Supervisor Dolan acknowledged the resignation of part-time Police Dispatcher Kyle Lynch to accept a full-time position in Suffern. The Board then unanimously passed a resolution appointing Laura Gannon as a part-time dispatcher.

Public Comments:
Mary Graetzer stated that for a while now she has seen a smallish bus parked on the side of Route 17 North, north of the train station parking lot and across the road from the Park entrance. Gate Guard Denise reported she has not seen anyone boarding or exiting the bus, yet it sits there for hours. Mrs. Graetzer wondered if the Town knew what the bus was doing?

Police Chief Welsh responded that there is construction on the railroad and the bus is there to shuttle people going north on the train.

Rich Rigoli asked if the Board knew when lights were going to be installed under the Thruway bridge. He was told it was “in the process” of being done. Mr. Rigoli asked for further explanation. The Supervisor estimated that the work would be completed within 90 days. The job requires O&R to tell the Town which poles can be used after which Glenn LaBar from the Highway Department will do the wiring. Mr. Rigoli further inquired about the cleanup of the Thruway project. Supervisor Dolan said he was waiting on a letter from Annie Rabbit about funding for this, whichhe assumes this will happen once the election is over.

The meeting was adjourned into an Executive Session to discuss legal matters.

Agenda for Town Board Meeting October 28, 2013

Call to Order
Pledge of Allegiance

Minutes
Monthly Reports
Public Comments on Agenda Items

1. Town Supervisor/Town Board Update

2. Resolution to Authorize Bond to Acquire Quarry Field Property

3. Resolution to Schedule Public Hearings to Receive Comments on 2014 Preliminary Budget and Special Improvement District Charges, Including Hamlet Sewer and Sterling Mine Estates Drainage District

4. Resolution to Schedule Annual Public Hearing on Woodlands Sewer Rates

5. Resolution to Grant Special Permit for Our Lady of Guadalupe Torch Relay Run - 12/07/2013 at 12:00 Noon

6. Reminder: All Recipients of STAR Basic School Tax Relief Must Re-Register by December 31, 2013

7. 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 lawsuits administrated by David Shaun Neal and brought against the Town by Evelyn David, Frank and Angela Coviello, Mark Coviello, Elizabeth Frasinelli, Dominique Gouldner, Edward Matthews, Kristian and LeeAnn Matthews, Michael P. and Joyce Oslacky, Peter and Tracy Oslacky, John and Lisa Petriello, David and Pamela Stevens, and Michael Squillini

Adjournment

Agenda For Town Board Vouchers Meeting October 15, 2013

Call to Order
Pledge of Allegiance

1. Review and Approval of Vouchers

Adjournment

Town Board Meeting September 30, 2013

The Town Board met on Monday, September 30, 2013 at 7:30 pm. All members were present.

Public Comments on Agenda Items:
Andy Rogers asked for explanations on Item 3—the discussion and possible resolution to authorize the purchase of Quarry Field and Item 4-the resolution to authorize the Town Attorney to defend Town in tax certiorari suits.

Supervisor Dolan responded that he would talk about Item 3 when they reached that point in the agenda. He listed the parties in the certiorari proceedings.

Sue Scher also wanted to talk about Item 3 and said she wondered if doing a resolution wasn’t a little premature as this is the first time this subject has been publically discussed. The Supervisor replied that the Town Board had been discussing this subject “internally” for over a year. He added that when someone is purchasing a property, they need to keep it quiet or else the price gets elevated.

Ms. Scher also wondered about the Board going into Executive Session to receive advice from Town Counsel regarding the Tuxedo Reserve Development. She asked if this meant that something was coming forth to the Town Board that they would need to make some sort of decision about?

Town Attorney Nichol answered yes, but that it wasn’t anything they could talk about in public yet. Supervisor Dolan added that the Board members had met with Andrew Dance of Related Companies in groups of 2 or less and that the Board had asked Mr. Nichol to have a meeting with him as well. Accordingly, Mr. Nichol had a phone conversation with Mr. Dance last week and now he will advise the Board. Neither the Board nor Mr. Nichol would say what was being discussed but they did say that it doesn’t affect the size of the development or what has already been approved. Ms. Scher then asked if they would report on the discussion at the next Town Board meeting and was told that this would depended on the outcome of the discussion and whether the Board decided to do what Related was asking or not. If whatever it is is something the Board decides to agree to, then it will be made
public. Supervisor Dolan added that if it was something that went to fruition, it would have to go to the Town Board for approval.

Town Supervisor/Town Board Update:
Supervisor Dolan reported that he had been working with both Pat and Brian Sullivan on the budget and it looks like the Town will have a budget increase of only 1.66% for 2014.

Town Judge Loretta Davis has taken a job on Long Island for a non profit organization helping people who were impacted by Hurricane Sandy. The Supervisor explored every way he could think of to allow Mrs. Davis to keep her judgeship and work for the non profit while taking a leave of absence, but unfortunately in the end, it was not possible. Consequently, Mrs. Davis has resigned effective September 30 and the Board will be appointing Town Prosecutor Sandy Newman to serve out her term. They will be looking to fill the Town Prosecutor position.

Discussion and Possible Resolution to Authorize Purchase of Quarry Field Property:

This property comprises all of what was formerly known as the Sterling Place development. There are approximately 66 acres and they include not only Quarry Field but also the old highway garage. The property runs from Warwick Brook Road to the Duck Cedar Inn and has been assessed at $4.5 million. The Board has negotiated a price of $2,050,000 and would go out for a bond to pay for this. Supervisor Dolan said that he did not have a clear sense as yet as to what the Town would potentially do with this property although there are many possibilities. So far, the Board is leaning toward having it be mainly recreational, but the Supervisor also suggested it might be a great location for a new Ambulance Corps building. He went on to say that this purchase would not only be a great thing for the Town, but it also benefits the Village of Tuxedo Park. Previously, the plans were for 50 or so houses to be built there which would have impacted the Wee Wah dam and would almost certainly have made it necessary for the Village to upgrade the dam. The Town has a contract for the property in place as well as a SEQR form and they have 60 days to make the purchase. The Town Planner is already looking at the property. Supervisor Dolan is hoping to put together a “blue ribbon panel,” comprised of people from all sections of Town to decide what to do with the property. The Town has had some discussions with Open Space Institute (OSI), as well as Orange County Land Trust about their possible participation in the purchase. At the moment, neither groups are involved although that could change. OSI had suggested that it might be a good idea to build a hiking pavilion on the property so that hikers coming into Town would have some place to gather and get information. The Board has stated that it is their intention to have the property used for Town services or recreational purposes. Councilman Matthews wondered if it could be deeded that the property would be used only for recreation. . While It’s clear that the current board has committed to havingthe property be only for recreation, what if a future Board decides to put a power plant or a garbage transfer station there? Town Attorney Nichol responded that there was nothing that the current Board could do that couldn’t be undone by future boards. Historically, The Townused a portion of the property for a dumping in the past, but that stopped in 1950 and that particular area has a cap on it.

John Kilduff referenced the Patrick Farm property in Ramapo, which was “saved” by the Town and is now set to become a high density housing development. He suggestedthat the Board check to see if there was any way for them to restrict the property in perpetuity so that something like this cannot happen here.

Jake Matthews asked if the property in question was in a “verified” flood plain and was told that Quarry Field as well as the old quarry, which exists on the property, are in a flood zone. Mike Squillini asked if construction was permitted in a flood zone.

The response was yes, typically building is permitted although there are certain restrictions.

Jake Matthews asked the purchase of this property was included in the Town’s Master Plan.

The response was no, it wasn’t in the Master Plan because the property wasn’t for sale when the Plan had been updated. The property appears in the Master Plan as a housing development.

Mr. Matthews went on to ask how the Board was panning to notify residents of the purchase of the property and to what extent would the be involved in deciding what to do with it.

Supervisor Dolan replied that he was planning to send out a Town newsletter, announcing the impending purchase and inviting residents to to serve on a volunteer committee (he called it a Blue Ribbon Panel) the purpose for which will be to decide what to do with the property.

Councilman Matthews wanted to make sure it was on the record that he would like to put as many restrictions as is legally possible on the property so that it cannot be used for something like a garbage transfer station in the future.

Resolutions:
The following resolutions were passed:

a Resolution to authorize purchase of Quarry Field property
a Resolution to authorize Town Counsel to defend the Town in Tax Certiorari proceedings in the following cases: Philip Lobkowicz, Chester LeBaron, Orange & Rockland Utilities, Faire Partners, Ltd., MCI Communications Services, Inc., Verizon New York
a Resolution to authorize agreements to perform snow and ice control on Old Forge Rd and on County Roads
a Resolution to authorize agreement and special permit for operation of the Forest of Fear for the 2013 season

Other Business:
Supervisor Dolan officially notified all recipients of STAR Basic School Tax Relief that they must re-register by December 31, 2013 in order to continue receiving the relief.

He also reminded everyone that the annual Family Fun Day will take place at Murphy Field on Saturday October 5th, from 11 am to 4 pm.

Finally, the Supervisor acknowledged that the Tentative Town Budget had been filed with the Town Clerk on September 30, 2013 and that copies would be distributed to the Town Board members, Town Counsel, Department Heads, the Tuxedo Park Library and the Village of Tuxedo Park.

Public Comments:
Sue Scher asked for an update on the mulch pile, specifically in terms of anything that might have transpired since the last public meeting
The Supervisor responded“nothing.”

He went on to say that he believed they were working on wind rows. No material has gone in or out of the facility, but the pile is decreasing because because they are slowly grinding it up and putting it into wind rows.

LeeAnn Matthews asked for a report of what was happening with the Thruway, specifically in front of her house.

Supervisor Dolan responded that he had recently met with the Building Inspector, the Town Engineer and Councilman Matthews and they were hoping to have the Town Engineer draft a letter detailing the specific problems with the project.

Mrs. Matthews commented that the retention area has been altered and it is not the same as it was before the Thruway came in in that the water is stagnant and does drain properly She also wondered if she would be looking at piles of rocks forever where there used to be mature trees. Supervisor Dolan replied that as soon as the project was finished, the Town would be planting trees.
Mrs. Matthews also commented that she had taken her two young sons and a friend to the Town Skate Park recently and found graffiti with foul language written all everywhere and broken glass stewn about.. She wondered if the park could be relocated as she considers the present location “creepy” with the Thruway right there and fishermen and hikers constantly cutting through.

Jake Matthews commented that there is a dumpster behind the Tuxedo Square building , located directly behindBentley’s, which blocks visibility and is, in his opinion, an accident waiting to happen.

He was told that this has been addressed.

Mr. Matthews also made a plea for the Town to put the Town code online. He mentioned generalcode.com as one website that provides this service.
Town Clerk Laurent responded that the Town knew all about general code.com. She added that the Town prefers to sell the code rather than post it, providing free access for everyone.

Mr. Matthews replied that he believed there was a way that the Town could sell the code using the website. He then listed about 15 Towns and Villages in our area who currently have their codes available on line, including the Village of Tuxedo Park.

Finally, commenting that he had grown up in Tuxedo and was a firm believer in supporting local businesses (and further complimenting the Tuxedo Chamber of Commerce for the great job they do in promoting the Town) Mr. Mathews expressed his concern with the proliferation of cheap signage that has been cropping up around Town.

Supervisor Dolan said he agreed with Mr. Matthews and that the Building Inspector was regularly deployed to remove signs and/or to tell people to take them down.

Mr. Matthews said he thought some of it came from the distributers of packaged goods and soft drinks who came to deliver their products and put signs up, sometimes without even notifying the establishment to which they are making deliveries. He presented pictures to further exemplify his point. He believes that the signdtake away from the charm of Tuxedo.

The meeting was adjourned into an Executive Session for the purpose of the Board’s receiving advice from Town Counsel regarding Tuxedo Reserve Development.

Agenda for Town Board Meeting September 30, 2013

Call to Order
Pledge of Allegiance

Minutes
Monthly Reports
Public Comments on Agenda Items

1. Town Supervisor/Town Board Update

2. a. Acceptance with Regret of Resignation of Loretta K. Davis
b. Resolution to Appoint Samuel L. Newman as Town Justice effective October 1, 2013

3. Discussion and Possible Resolution to Authorize Purchase of Quarry Field Property

4. Resolution to Authorize Town Counsel to Defend Town in Tax Certiorari Proceedings

5. Resolution to Authorize Agreements to Perform Snow and Ice Control on Old Forge Road and on County Roads

6. Resolution to Authorize Agreement and Special Permit for Operation of Forest of Fear® for 2013 Season

7 Notification: All Recipients of STAR Basic School Tax Relief Must Re-Register by December 31, 2013

8. Reminder of Family Fun Day at Murphy Field on Saturday, October 5, 2013 - 11:00 a.m. to 4:00 p.m.

9. 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 receiving advice from Town Counsel regarding Tuxedo Reserve Development

Adjournment

Agenda for Town Board Meeting September 9, 2013

Call to Order
Pledge of Allegiance

1. Review and Approval of Vouchers

Adjournment

Town Board Meeting August 26, 2013

The Town Board met on Monday, August 26, 2013 at 7:30 pm. Councilman Matthews was absent.

The meeting began with a moment of silence for former Tuxedo Park Mayor, Neal Madera who died on July 6th.

Public Hearing – Local Law Entitled “Public Service Leave”
The Public Service Leave Law will allow for hiring of temporary replacements for those public service employees who might need to take a leave of absence. There were no public comments, so the hearing was closed

Public Comments on Agenda Items:
Mike Squillini noted that his name was on the agenda as being part of a lawsuit against the Town (EXECUTIVE SESSION for the purpose of discussing lawsuits organized by David Shaun Nealand brought against the Town by Evelyn David, Frank and Angela Coviello, Mark Coviello, Elizabeth Frasinelli, Dominique Gouldner, Edward Matthews, Kristian and LeeAnn Matthews,Michael P. and Joyce Oslacky, Peter and TracOslacky, John and Lisa Petriello, David andPamela Stevens, and Michael Squillini)

He stated that he wanted to put it on the record that he had been advised by the Town Supervisor in front of a group of people to “get a good lawyer” because “Townships and Corporations have deep pockets.” Mr. Squillini added he was only taking the Supervisor’s advice. Councilperson Spivak asked Mr. Squillini which law firm he had used and Mr. Squillini replied they’d used Coyne Associates, which the Supervisor then identified as being Shaun Neal’s firm. The Supervisor started to deny that he had made the alledged comments, but Mr. Squillini insisted and further commented that he had at least two witnesses to the Supervisor’s remarks.

Ulrich Pendl noted that there was a Town election approaching and referring to the meeting agenda, wondered what the term “organized by David Shaun Neal” meant in conjunction with the notice of Executive session to discuss a lawsuit. Mr. Pendl commented that he didn’t think “organized” was a legal term so he asked for an explanation. He further inquired as to whether or not Mr. Neal was suing the Town.

The Supervisor responded that yes, Mr. Neal was suing the Town. Mr. Pendl replied that as he understood it Mr. Neal had been asked by a group of people to sue the Town. Mr. Pendl commented that he believed that the whole reason these names had been listed was because there is an election coming up.

The Supervisor added that the Town’s insurance company had called twice with important information regarding the lawsuit and this is why he had called the Executive Session.

Mr. Neal, who was also present, then stated that he was a paralegal at Coyne Associates, and that the suit in question had a lead attorney as well as a local attorney. From his earlier discussions with the plaintiffs, his recollection was that the Supervisor had gone over to River Road and told a group of residents there they should “sue everybody who was involved.”

Mary Graetzer inquired as to why Greg Stevens was being reappointed as Assessor at this time given the fact that his term does not expire until the end of next month. The Supervisor replied that Greg had asked to be reappointed and that there was no reason why it could not be done then.

Town Supervisor/Town Board Update:
Supervisor Dolan stated that he had been working on the Town Budget. He also reported having had talks with the Thruway Authority who has extended their time in Town to September 28th.

Resolutions:
The following resolutions were passed:

a Resolution to Adopt Local Law Entitled “Public Service Leave”
a Resolution to Reappoint Gregory G. Stevens as Town Assessor

Public Comments:

Sue Scher asked for an update on the mulch pile.

Supervisor Dolan responded that the pile had been reduced to 20 feet as of last week and that the Town would be in compliance with the DEC guidelines as of September 1. The Town is currentlyattempting to challenge/change some of the DEC’s guidelines as they don’t feel they can construct the wind rows the way the DEC has specified. (The DEC wants 5 wind rows and the Town feels they can only do 3) No more product will be coming into the facility. The Supervisor reiterated that the Town of Tuxedo is getting out of the mulch business.

Ms. Scher then asked whether this meant that the Town would be taking what is currently at the facilitiy there down to the bare ground and was told yes. Eventually there may be a small amount of material, but this would be recycling from the Town only.

Ms. Scher then asked whether everything would be down to the bare ground by September 1st?” and was told no, they were hoping to be at that level by December 31st. By September 1st, they need to be down to 20 feet in order for the facility to be in compliance.

Ms. Scher then asked what would happen to the dirt pile and was told that the pile was being whittled down as well.

Ms Scher asked for clarification as to what would happen next with the property.
Supervisor Dolan responded that once the mulch was gone, there would be discussion about what would go there next. He would still like to have some sort of facility that would take the Town/Village’s organic waste.

Ms. Scher responded that it was her opinion that there needed to be more notice and more participation from the Town’s residents about what happens next at this property. She the wondered what kind of environmental testing was planned for the property after the mulch had been removed. Mr. Dolan replied that when they got to that point, they would discuss it.

Russ Shaver asked what the aforementioned lawsuits were costing the taxpayers?
When asked “which lawsuits,” he replied “all of them together.” Supervisor Dolan replied that the Tuxedo Reserve lawsuit, now being handled by “Shaun Neal’s law firm”, had cost the Town over $100,000.

Mr. Neal took exception to Coyne Associates being called “his” law firm.

The Supervisor then started listing the various lawsuits from the Coyne Legal Group, most of which have been dismissed. He declined to mention a figure of what they had cost. He continued describing various lawsuits until audience members spoke up and reminded him that the question was not what suits had been filed, but how much the suits had cost. Mr. Dolan then replied he really didn’t know but would assume it could be over $200,000.

The meeting was then adjourned and the Board entered into an Executive Session for the purpose of discussing lawsuits “organized by David Shaun Neal and brought against the Town by Evelyn David, Frank and Angela Coviello, Mark Coviello, Elizabeth Frasinelli, Dominique Gouldner, Edward Matthews, Kristian and LeeAnn Matthews, Michael P. and Joyce Oslacky, Peter and Tracy Oslacky, John and Lisa Petriello, David and Pamela Stevens and Michael Squillini.

Agenda for Town Board Meeting August 26, 2013

Call to Order
Pledge of Allegiance

Moment of Silence and Reflection to Honor Memory of Cornelius “Neal” Madera

Public Hearing - Local Law Entitled “Public Service Leave”

Minutes
Monthly Reports
Public Comments on Agenda Items

1. Town Supervisor/Town Board Update

2. Resolution to Adopt Local Law Entitled “Public Service Leave”

3. Resolution to Reappoint Gregory G. Stevens as Town Assessor

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 lawsuits organized by David Shaun Neal and brought against the Town by Evelyn David, Frank and Angela Coviello, Mark Coviello, Elizabeth Frasinelli, Dominique Gouldner, Edward Matthews, Kristian and LeeAnn Matthews, Michael P. and Joyce Oslacky, Peter and Tracy Oslacky, John and Lisa Petriello, David and Pamela Stevens, and Michael Squillini

Adjournment

Agenda for Town Board Vouchers Meeting August 12, 2013

Call to Order
Pledge of Allegiance

1. Review and Approval of Vouchers

Adjournment

Agenda For Town Board Vouchers Meeting July 22, 2013

Call to Order
Pledge of Allegiance

1. Review and Approval of Vouchers

Adjournment

Town Board Meeting July 1 2013

The Town Board met on Monday, July 1, 2013 at 7:30 pm in the Courtroom. Councilman Loncar was absent.

The meeting began with a moment of silence for Sam Bornstein, Robert LaBurt and Pam and Kurt Graetzer all of whom died recently.

Public Comments on Agenda Items:
Andy Rogers of Maplebrook inquired about the proposed Local Law entitled “Public Service Law.”

Supervisor Dolan explained that it had come to his attention that if anyone on the Town Board, in the Highway Department or Police Department were to request a leave of absence, the Town had no way of appointing a temporary replacement so,even though the Town doesn’t have anyone currently requesting this, they decided to draft a local law.

Town Supervisor/Town Board Update:
The Supervisor announced that after 4 competitive bids for the project on Juniper Terrace, The Town had recently signed a contract with a landscaping company called Mr. Landscape. The cost will be $31,000 and the funds will come out of the bond exercised by the Town. The project calls for repairing the damaged retaining wall and putting vegetation along it. The Town is also considering spending an additional $10,000 on two signs identifying the development as Juniper Terrace. The money left over from the $75,000 bond will go to the Town Highway Department and to cover the additional legal fees incurred by the Town.

Resolution:
The following resolution was passed:

A resolution introducing a Local Law entitled “Public Service Leave.” The public hearing will take place on August 26th.

√ Public Comments:
Sue Scher of Sterling Forest Partnership asked if the Supervisor would give his perception of where the Town stands with regard to compliance with the DEC and the mulch pile.
Supervisor Dolan replied that the Town is required to be in compliance by September 1 and it is their intention to be so. He asked Ms. Scher if she had looked at the pile recently, adding that if she had, she would see that it had gone down in size.

Ms. Sher replied that the pile did appear lower, but also wider. The Supervisor denied this saying that Perfect Cut was not moving material around.

Ms. Scher also inquired about the large dirt pile at the site.

The Supervisor replied that the DEC had no regulations concerning dirt and that the Town was benefiting greatly from the dirt.

Ms Scher then asked if Perfect Cut was still watering the piles and was told there was almost no watering going on currently and that this practice will have to stop altogether as of September 1.

Ms. Scher responded that if there was watering happening, there was still leaching happening.

Supervisor Dolan stated that there was no leaching going on because there is a containment field.

Ulrich Pendl inquired as to whether the Town was receiving any income from the mulch operation. Supervisor Dolan stated that the Town had recently received a check for $9000, which covered mulch and dirt income. This does not include the rent, ($2500/month) which has already been paid. The Town sends a report (approximately 20 pages) to the DEC on a monthly basis.

Sue Papke asked for details about what was covered in the report and she was told everything that came in or went out from the site was recorded and sent to the DEC.

The Supervisor stated that the Town had started a new reporting system within the last six months as, prior to that time, he was not receiving any notices when money came in to the Town. That has been corrected and now he is informed regularly when the Town receives any payments.

*** Supervisor Dolan announced that Tuxedo Reserve has been moving very aggressively to start their project. Related has stated that they want to “put something in the ground,” this coming year. Supervisor Dolan has recently received an engineering report for the new waste water treatment plant that they are proposing to build. The developers are talking about putting in the roads, the wells and the septic system sometime this year. The Supervisor anticipates that every meeting from now on, he will have a report of some kind about Related and Tuxedo Reserve.

Sue Papke wondered more specifically what the Town could expect to see form the developers within the next year. The Supervisor responded that the project is still in front of the Planning Board but that the next thing Related will have to do is to start building the waste water treatment plant. The projected completion for this project is 18 months from the time that construction begins. The first house could possibly go up within 3 years.

Mrs. Papke then inquired as to when the retail center would be built and was told that the developer has decided to build the center in the very beginning. The Related Company has recently hired a company to help them figure out how to sell the project and they have been advised that they should put “amenities” in immediately. Mrs. Papke was then advised that she should ask any further questions of the Planning Board as the project is presently before them.

Sue Scher asked Supervisor Dolan what was happening with the proposed gasification project.

He replied that he had asked the company for $80,000/year rent and they thought that was too high. He didn’t think the project was worth it for anything less so he has decided not to pursue it.

Ulrich Pendl asked Supervisor Dolan what made him think that 30,000 square feet of retail space could be profitable when all the space at the former Duck Cedar were empty.

The Supervisor replied that he is not the owner of the property and his responsibility is simply to make sure that the developer is adhering to the codes and law – not to opine on profitability,

The meeting adjourned into an Executive Session to discuss a personnel matter.

Agenda for Town Board meeting July 1 2013

Call to Order
Pledge of Allegiance

Period of Silence and Reflection to Honor Memories of
Samuel D. Bornstein, Robert C. LaBurt and Kurt & Pam Graetzer

Minutes
Monthly Reports
Public Comments on Agenda Items

1. Town Supervisor/Town Board Update
2. Resolution to Introduce Local Law Entitled “Public Service Leave”
3. Any other business as may come before the Board after this Agenda is posted

Public Comments
Budget Transfers
Vouchers

Adjournment

Agenda for Town Board Vouchers Meeting June 10 2013

Call to Order
Pledge of Allegiance

1. Review and Approval of Vouchers

Adjournment

Town Board Meeting May 28, 2013

The Town Board met on Tuesday, May 28, 2013 at 7:30 pm. Councilman Loncar was absent.

The meeting began with a moment of silence for Debra Suling and James A. “Jimmy” Conklin, Town residents both of whom died recently.

Town Supervisor/Town Board Update:
Supervisor Dolan reported that he had recencetly met with Lili Neuhauser who is running unopposed for Mayor of the Village of Tuxedo Park. The two of them had a very pleasant conversation about Town and Village issues and agreed that after Mrs. Neuhauser was elected, they would set up regular meetings.

Town Historian Chris Sonne has decided to resign from his position as he is tired after 16 years on the job. He has recommended Bishop George Langberg as his replacement. Orange County has approved Bishop Langberg and the Board voted unanimously to appoint him to the remainder of Mr. Sonne’s term, which ends on Dec. 31, 2013.

The Supervisor stated that the Memorial Day Parade had been wonderful and he thanked all of the volunteers, especially those from the Library.

The Thruway Authority has finished most of their project in the East Village, but Supervisor Dolan does not believe it has been finished to the Town’s satisfaction and he has asked Building Inspector Maikisch to issue a Stop Work Order. This is not something the Town can actually enforce, but the Supervisor feels it will signal to the Thruway Authority that the Town is serious in their complaint. He and Councilman Matthews inspected the area on Monday and discovered that there is a lot of water pooling up in the drainage area that was built by the Thruway Authority. It is the intention of the Town to make sure that the Thruway follows through with their obligation. Although Supervisor Dolan reported having left messages for Thruway Representative, Darren, he hasn’t been able to speak to him as yet. He is hoping to have a meeting with him before the week is over. He also asked Town Attorney Don Nichol for advice on any possible legal action.

Mr. Nichol outlined an “action” that the Town could take, but he doesn’t recommend that they do it as he feels the likelihood of the Town winning is relatively small and it would probably cost more money than it was worth. Mr. Nichol recommended that the Town continue to work with the Thruway representatives. If the Supervisor does not hear back from Darren by the end of the week, Mr. Nichol stated that he would personally serve him with the Stop Work Order.

Mary Graetzer expressed confusion over the idea that the Town was issuing a Stop Work Order on work that the Thruway has already stopped working on.

Supervisor Dolan replied that they hadn’t finished working on the bridge and that was where the work would be stopped.

East Village resident Mike Squillini suggested that what was really needed was a good fence between the East Village and the Thruway. He commented that there were often people wandering around the Village who had come off the Thruway. Supervisor Dolan responded that it was his intention to ask for a new fence with landscaping on both sides of it.

Mr. Squillini further suggested that the Town consider asking the Thruway Authority if they would put their North bound entrance just after one comes through the tunnel. This would not replace the existing emergency access, but could be used by police and firemen. The Supervisor replied that he would look into it.

Resolutions:
The following resolutions were passed:

A Resolution to Appoint Todd Jerome Darling as Member of the Board of Fire Commissioner. He will serve out the unexpired term of Ken Magar.
A Resolution Designating NYS Secretary of State as Alternative Agent for Service of Notices of Claim, Appoint Town Clerk as Recipient of Notices of Claims therefrom and Certifying Time Limits for Filing Notices of Claim. This means that people who want to sue the Town can now serve it on the Secretary of State instead of the Town Clerk. There is a fee for doing this.
A Resolution to Authorize Execution of Agreement for Police Coverage for the 2013 Renaissance Faire which will run from August 3 through September 22, 2013.
A Resolution to Grant Permit and Approve Agreement with Westwood Velo, Inc. for Police Coverage at Bicycle Race to be held on Long Meadow Road on July 13, 2013. This is an annual event.

Other Business:
The Board tentatively set the following dates for meetings during the Summer months:
    June 10 – Voucher meeting 9:30 am
    June 24 – Regular Meeting 7:30 pm
    July 1 – Voucher Meeting 9:30 am
    July 22 – Regular Meeting 7:30 pm
    August 12 – Voucher Meeting 9:30 am
    August 26 – Regular Meeting 7:30 pm

Agenda For Town Board Meeting May 28, 2013

Call to Order
Pledge of Allegiance

MOMENT OF SILENCE AND REFLECTION TO HONOR MEMORIES OF DEBRA A. SULING AND JAMES A. “JIMMY” CONKLIN

Minutes
Monthly Reports
Public Comments on Agenda Items

1. Town Supervisor/Town Board Update

2. Resolution to Appoint Todd Jerome Darling as Member of Board of Fire Commissioners

3. Resolution Designating NYS Secretary of State as Alternative Agent for Service of Notices of Claim, Appointing Town Clerk as Recipient of Notices of Claim therefrom, and Certifying Time Limits for Filing of Notices of Claim

4. Resolution to Authorize Execution of Agreement for Police Coverage for Renaissance Faire® 2013 Season, August 3 through September 22, 2013

5. Resolution to Grant Permit and Approve Agreement with Westwood Velo, Inc. for Police Coverage at Bicycle Race to be held on Long Meadow Road on July 13, 2013

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

Public Comments
Budget Transfers
Vouchers
Adjournment

Town Board Voucher Meeting Friday May 17, 2013

Call to Order
Pledge of Allegiance

1. Review and Approval of Vouchers

Adjournment

Town Board Meeting May 1, 2013

The Town Board met on Wednesday, May 1, 2013 at 7:30 pm. All members were present.

The meeting opened with a moment of silence for Town resident Helmut Eric Nimke, former member of both the Town and Planning Boards, who died recently.

Town Supervisor/Town Board Update:
Supervisor Dolan reported that he had met with representatives from The Related Companies and that they are still working on plans for replacing the Town’s wastewater treatment plant. Some documentation should be submitted within the next two weeks. Presently, Related is trying to figure out a way to go under Route 17.

The Supervisor announced that there will be an informational meeting with the people from the gasification plant that he and Councilman Loncar visited in Puerto Rico sometime within the next two weeks.

There is an issue with the clock at the new bus stop. It has now been reset 4 times and, after an hour or two, the time is incorrect. The DPW is working on the problem.

Supervisor Dolan has been working with personnel from the Iron Chef TV program and they will be filming a program/fundraiser at Tuxedo Ridge on May 11th. Proceeds will go to the Tuxedo Recreation Department. The Recreation Department held their annual Fishing Derby on April 27 and the Supervisor reported that it was a great success. He further reported that Opening Day for the Tuxedo Little League would be on Saturday, May 4th.

The Town has exercised the bond for Juniper Terrace. The bond amount was $75,000. Approximately $25,000 will need to go toward fixing drainage issues in the area. $25,000 will go to the Town to reimburse them for snowplowing and other services and the remaining $25,000 will go for vegetation and landscaping. The Supervisor met with residents of the area in order to get their ideas on what should be done.

Acknowledgment of Letter of Disclosure from Councilmember Kristian Matthews Regarding Potential Bid by his Personal Corporation for a Project for the Watchtower Society:
Councilman Matthews is bidding on a project for the Watchtower Society. As such, he has submitted a letter the Board announcing that he will recuse himself from voting on any request or application made by the Society moving forward. No such votes or applications have occurred to date.

Resolutions:
The following resolutions were passed:

A Resolution to Exercise Option to Extend Refuse Hauling Contract through June, 30, 2014. This is done annually. The price will remain the same as this year’s for the next two years and then go up in each of the following two years.
A Resolution to Approve Form of Petition of Proposition to Raise Library Taxes. This puts the Library’s budget on the ballot in November.
A Resolution to grant Special Use and Special Sign Permits for the Library Memorial Day Picnic at the Library on May 27, 2013 from 11:30 am to 5:00 pm.
A Resolution to grant Special Use and Special Sign Permits for St. Mary’s Community Yard Sale at the Train Station on June 1, 2013 from 8:30 am to 2:00 pm
A Resolution to grant Special Use Permit for the Farmers Market at the Train Station. This will run on Saturdays from 8:00 am to 2:00 pm from June 15th to October 26th.
A Resolution to grant Special Sign Permit for Farmers’ Market and Chamber banners
Acknowledgment of receipt of Liquor License Renewal for Orange Top Diner

Other Business:
Supervisor Dolan announced that donations are needed for the St. Elizabeth’s Chapel Lawn Sale to be held Memorial Day Weekend. The following are needed: household items, clean toys in working condition, furniture, exercise equipment, books, holiday decorations, tools, bikes, etc. Please no clothing.

Public Comments:
Evelyn David stated that she had submitted plans for a “lift bridge” to replace the East Village bridge to the Orange County DPW. She was concerned because the County seems not to have done any water flow studies in that area. Also, she considers the bridge, which has been proposed by the County to be larger than necessary and ugly. It will go on “people’s property” and trees will need to be cut down. Her proposed bridge would be smaller and less expensive. The County DPW told her that they had planned the bridge the size they did so that residents of the East Village could evacuate should flooding occur. However, Ms. David asserted that when flooding happens, typically the roads leading to the bridge become completely flooded out so, in her view, a larger bridge won’t be helpful. The lift bridge, controlled electronically and remotely, can be lifted so that it doesn’t get damaged by flooding. Then as soon as the water subsides, it can be lowered into place…again remotely. The Supervisor remarked that the Town didn’t have anything to say about the design of this bridge as all of the work is being done on the County level.

Ms. David replied that she was aware of that, but she wanted the Town to know what she was suggesting and she was hopeful that the Town might speak up in support of the idea.

Mike Squillini commented that he had recently walked the East Village with Councilmen Phelps and Matthews and wondered if Councilman Phelps had made any progress on the things they talked about. Councilman Phelps replied that it was not his understanding that he was supposed to do anything and that Councilman Matthews was going to contact Assemblywoman Rabbit.

Mr. Squillini also requested that the Board meet with the Thruway Authority and try to negotiate a new fence with some shrubs.

Supervisor Dolan replied he had met with the Thruway Authority and been told that the lights under the bridge would be taken out when construction was done, which is estimated to be sometime in July. The Town will put lights up to replace the ones presently there.

When asked again if he would arrange for a fence and some new planting, the Supervisor said he had gone to a special meeting held in the Sons of Italy Hall right as the construction was starting and at that time, he had offered to work with the Thruway to get planting and a fence but the residents told him not to do it. Both Mike Squillini and Kristian Matthews, who were also present at the meeting, had a different recollection. As they remembered it, the residents suggested that the Town wait until the Thruway’s part of the project was finished before requesting the fence. . The Supervisor responded that this would be addressed when the project was done.

Rodger Friedman asked if the Town had received any notice of non compliance from the DEC about the mulch pile?

Supervisor Dolan replied no, they had not. He said he’d gotten a letter from the DEC saying they were approving the plan the Town submitted for the property.

Mr. Friedman further asked if the Town had received a notice of non compliance dated April 9 or one dated January, 2013.

The Supervisor responded not that he knew of.

Town Attorney Nichols interjected that he thought they had gotten letters of non compliance but that the Town had already indicated that they werecomplying before the letter arrived.

Mr. Friedman then wanted to know how long the Town would have to implement the plan approved by the DEC and was told they had until September. The Supervisor also added that within 90 days the pile had to be down to 20 feet and in wind rows.

Jake Matthews mentioned that he had noticed a tower on the SOS property and, while he knew it was on private property, he wondered if anyone on the Town Board knew what the tower was for as it appears to be the tallest thing in Town.

Supervisor Dolan replied that he had recently checked with Building Inspector Maikisch about the tower as he, too, had noticed what appeared to be additional equipment on it. SOS was granted permission in 2011 to add equipment, but they have just gotten around to installing it. It powers the communication between their office and their drivers and there is also an AT&T cell tower on the pole as well.

Mr. Matthews also wondered what the local law was regarding unregistered, unlicensed cars (without plates on them) around town as he has noticed a lot of these recently.

The Supervisor responded that Town Code does not allow for any of these cars. The Town had the same problem 7 years ago and managed to have about 40 of the cars removed. He added that if Mr. Matthews would tell him where the cars were, he would send the Building Inspector to look into it.

Mike Squillini asked if the Board would set a meeting with representatives of the East Village to discuss cleaning up that area of Town.

The Board agreed that they would set up such a meeting. It was suggested that five residents of the East Village be chosen to meet with the Board.

Agenda for Town Board Meeting May 1, 2013

Call to Order
Pledge of Allegiance

Minutes
Monthly Reports
Public Comments on Agenda Items

1. Town Supervisor/Town Board Update

2. Acknowledgment of Letter of Disclosure from Councilmember Kristian Matthews Regarding Potential Bid by his Personal Corporation for a Project for the Watchtower Society

3. Resolution to Exercise Option to Extend Refuse Hauling Contract through June 30, 2014

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

5. Resolution to Grant Special Use and Special Sign Permits for the Library Memorial Day Community Picnic at the Library on May 27, 2013 from 11:30 a.m. to 5:00 p.m.

6.Resolution to Grant Special Use and Special Sign Permits for St. Mary’s Community Yard Sale at the Train Station on June 9, 2013 from 8:30 a.m. to 2:00 p.m.

7. Acknowledgment of Receipt of Liquor License Renewal for Orange Top Diner

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

Public Comments
Budget Transfers
Vouchers

Adjournment

Town Board Meeting Pushed Back Until May - Posted 4/18/13

NOTICE IS HEREBY GIVEN, that the Regular Bi-Monthly Meeting of the Town Board of the Town of Tuxedo originally scheduled for Monday, April 22, 2013 will be held instead on Wednesday, May 1, 2013 at the Tuxedo Town Hall, One Temple Drive, Tuxedo, New York, commencing at 7:30 p.m.

Agenda for Town Board Meeting April 8 2013

Call to Order
Pledge of Allegiance

1. Review and Approval of Vouchers

Adjournment

Town Board Meeting March 25, 2013

The Town Board met on Monday, March 25, 2013 at 7:30 pm. Councilwoman Spivak was absent.

The meeting began with a moment of silence for James H. MacRobbie III, a lifelong Tuxedo resident who died recently.

The first item on the agenda was the dedication of a Memorial Street Sign Plaque honoring US Army Sgt Jon “Doc” Cadavero who was killed in Iraq. The plaque was presented by members of Rolling Thunder and will be installed above the street sign on Clinton Rd., where Mr. Cadavero lived.

Library Renovation:
Tuxedo Park Library Board President Barbara du Pont and Trustee Dan Gladding gave a presentation regarding the upcoming Library renovation. A couple of years ago, the Library Board created a strategic plan for the Library. They realized that presently, the Library is not configured well to serve its patrons in the way they wish to use the building. The way that people use libraries now is changing with new technology. Since the building is a historic one, the Board is not proposing the move any walls or make any physical changes to the building. Instead, the changes will be cosmetic moving things around and moving/adding furniture and new carpets. They will also be do some rewiring.

So as to interrupt use of the Library as little as possible, plans are to do the renovations one room at a time with each room taking about a week. The Children’s room has already been done. Next up, beginning approximately April 15th, will be the Adult Reading Room. This is the area to the left of the front door which currently houses magazines, CDs and DVDs. Some patrons have expressed concern that there is currently no quiet space for reading and so this will serve that purpose. The CDs and DVDs will be moved. Since this is the room the Library uses for presentations, all of the furniture and bookcases will be moveable to make it easy to reorient the room for events. They will recover sofa and chairs in order to reuse what they already have. There will be seating in the bay windows as wells as table and chairs around the fireplace. The magazine collection will be kept here and there will be books around the perimeter of the room.

In what is currently the fiction room, a Resource Room will be created. There will be a table facing the fireplace which will hold the Library’s computers. In the back of the room, there will be a table for people to bring and use their laptops and mobile devices. There will be power outlets available there. Over the fireplace, there will be a flat panel tv so that the Library can show special and national events as well as movies.

Across the way where the computers are presently housed, there will be a media café. Here there will be a coffee station as well as tables and chairs so that people have a place to sit and chat while they share a cup of coffee. The CD and DVD collection as well as audio books will be moved here. The granite top on the coffee station is coming from a local quarry which provided the stones for the front steps of the Library.

Last up will be the central area of the Library. When they get to this, they will close the Library for about a week. This is currently scheduled to happen in early May.

All the funds to pay for these renovations have been raised by private contributions and grants. No taxpayer money has been or will be used. Mrs. du Pont said they intend to either raise more funds or apply for a grant to fund the purchase of a generator so that even when the Town loses power, the Library will still be available as a hub of the community.

Click here to see a layout of the new Library configuration.

Town Supervisor/Town Board Update:
Supervisor Dolan reported that the Town had lost 2 police cars in two different accidents over the last two weeks. Consequently, he has spent a large amount of time dealing with insurance companies.

The Supervisor then revealed that he and Councilman Loncar had visited a gasification plant in Puerto Rico. They chose to visit the Puerto Rican plant because it is American and utilizes the same equipment that Tuxedo is considering. The pair flew down on a Thursday, visited the plant on Friday and flew home on Saturday. Supervisor Dolan found the technology fascinating. Material (on the day they visited it was wood) goes into a hopper, where it is gasified and comes out the other end as hydrogen gas. The smoke comes out as ash pellets. The Supervisor is not entirely sure this is something would work in Tuxedo, but he plans to explore the possibility. The company which is financing the operation is a Houston based firm called KOAR Energy Resources. The technology came from Italy but the financing came from an American based oil company (KOAR) and a Mexican steel company. Basically, they are looking to take low quality sulfur laden coal and make it into energy. The technologyis also capable of burning lots of other things as well however, and the Town is interested in possibly using it as a way to get rid of leaves and brush. KOAR is run by the same man with whom the Supervisor spoke previously (with plants in Italy and the Dominican Republic) This plant in Puerto Rico is not a functional plant; it is just for demonstration purposes.

Sue Papke inquired as to what the financial benefit to the Town from such a plant might be? The Supervisor replied that they did not know yet.

Dan Gladding noted that hydrogen gas is highly flammable. He wondered what the actual by product of the operation would be. Supervisor Dolan responded that while the material does come out as hydrogen gas, it is then channeled into either a turbine or a generator and becomes electricity.

Mike Squillini wondered if there was any chance that garbage would be burned in the future and he was told no, the equipment would be just for wood and organic waste (leaves, brush).

Supervisor Dolan stated that the planned resolution in support of the Second Amendment and opposing the NYS SAFE act had been tabled until the next meeting due to its being the first night of Passover. County Legislator Dan Castricone was in attendance as he wasn’t aware that this item had been tabled and he provided a little background about why the County has just passed a similar resolution as follows:

The SAFE Act was passed as an emergency measure, quickly and without public input. Because there was no public input, even police weapons were not exempt from the law. From a County level, the law calls for everyone who has a pistol permit to recertify every 5 years. This means that there are roughly 50,000 active pistol permits in Orange County that will need to be recertified. It has been estimated that this will cost upwards of $1 million with all the additional people the County would have to hire to accomplish the recertifying. All of the counties north of New York City have resolutions asking for the repeal of this law. Mr. Castricone commented that he would try to return when this resolution was discussed and voted on at the Board’s next meeting.

While he had Mr. Castricone’s attention, the Supervisor gave an update on the East Village bridge project. County engineers have recently informed Supervisor Dolan that although they are working on the project diligently, it will probably be about 2 years before it is completed. In the meantime, there are a few things that the County engineers need the Town Engineers to do. There is also a DEC fishing site that will need to be moved as well as a Town right of way.

Resolutions:
The following resolutions were passed:

A resolution to grant highway right-of-way for East Village Road bridge replacement.
The Supervisor stated that as far as he understood no homes would be displaced, other than a small portion of one driveway. John and Lisa Petriello of 26 East Village Road who were present stated that this was their driveway and that no one had approached them about it other than the County. The Supervisor explained that the property for this resolution was on the other side of the bridge from the Petriello property. The Petriellos expressed concern that just as they were recovering from a lot of damage caused during Superstorm Sandy, there was a possibility of the County taking their home. Supervisor Dolan stated that as far as he knew, the County was just talking about taking a small sliver of the Petriello’s driveway. The Petriellos commented that while they understood the need for a new bridge, they thought there might be another way to solve the problem. They don’t think it’s necessary to build a 100 foot bridge at the site and they believe the Town should look into an arch style bridge such as Sloatsburg has just installed. County Legislator Castricone offered to help initiate further conversations between the County and the Petriellos. He said that the County’s philosophy had been to “do it once right,” but he agreed more conversation might be a good idea.
A resolution to grant variance for DEC fishing access and parking at East Village Road bridge.
A resolution to consent to sales of raffle tickets by Occupations, Inc. in the Town of Tuxedo. This organization applies for and is granted this permission annually. So far, they have never come in to sell tickets.
Resolution to proclaim April, 2013 as Prevention of Animal Cruelty Month

Public Comments:
Mary Graetzer inquired whether there was an update on the progress of the bus shelter. The Supervisor replied that unfortunately the project had been held up because the weather had turned cold again. As soon as it warms up, stuccoing will begin. Mrs. Graetzer commented that she had heard the same thing a month previously and there had been a warm spell since that time, but no work had been done. The Supervisor said he wanted to make sure that the stuccoing would be able to dry and this is why they were waiting for a longer warm spell. In the meantime, benches have been installed and people are able to use the shelter.

An audience member asked if there was anything new to repaort regarding the mulch pile and the Supervisor replied there was nothing new to report.

County Legislator Castricone then announced that he is involved in an event on April 13th in Sugar Loaf called Gershwin for the Brave. This will be a concert benefitting the Wounded Warriors Project featuring the New York Wind Symphony as well as NY Yankees great Mickey Rivers.

The meeting was adjourned into an Executive Session to discuss a police contract negotiation.

Agenda For Town Board Meeting March 25, 2013

Call to Order
Pledge of Allegiance

Moment of Silence and Reflection to Honor Memory Of James H. MacRobbie III

Minutes
Monthly Reports
Public Comments on Agenda Items

1. Dedication of Memorial Street Sign Plaque Honoring U.S. Army Sgt. Jon “Doc” Cadavero, Fallen Soldier from Operation Iraqi Freedom

2. Presentation by Library Trustees regarding Library Renovation

3. Town Supervisor/Town Board Update

4. Resolution to Grant Revision to Highway Right-of-Way for East Village Road Bridge Replacement

5. Resolution to Grant Variance for DEC Fishing Access and Parking at East Village Road Bridge

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

7. Resolution to Proclaim April, 2013 as Prevention of Animal Cruelty Month

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

Public Comments
Budget Transfers
Vouchers

Adjournment

Agenda For Town Board Voucher-Only Meeting March 11, 2013

Call to Order
Pledge of Allegiance

1. Review and Approval of Vouchers

Adjournment

Town Board Meeting February 25, 2013

The Town Board met on Monday, February 25, 2013 at 7:30 pm. All members were present.

The meeting began with a moment of silence honoring lifelong Tuxedo resident, Madeline Napolitano, who died recently.

Town Supervisor/Town Board Update:
The Supervisor stated that he had nothing to report.

Resolutions:
The following resolution was passed unanimously:

A resolution to approve annual towing licenses for Tuxedo Gulf, Loyal Tire and NJV Auto.

Public Comments:
David Parker requested the name of the company that owns the biomass/gasification plant in the Dominican Republic, which a team of Town Board members might be visiting.
He was told the company’s name is BioPac.

Mr. Parker wanted to know if it was a publicly traded company. Supervisor Dolan responded no.

Mr. Parker then stated that he thought it might be a good idea if the Board would do some very basic due diligence before travelling to the Dominican Republic. This might include a look at the last 5 years of financial reports for the company.

The Supervisor replied that he didn’t know if this were possible.

Mr. Parker then explained that he had spent several years as an international banker and was involved with loaning money to companies. In that capacity, he often had to travel to inspect companies that his bank was considering loaning money to and it was his experience that in examining the financial statements, he could frequently tell that loaning money to a particular company wasn’t a good idea and the trip would thus be a waste of time. Mr. Parker also commented that Councilman Matthews had suggested that the Board might start looking at other companies that offer the same service and he believes that this would be a good idea. He suggested that if two companies are forced to compete for the business in what he called a “bake off,” the financial dynamics might improve. Mr. Parker then wondered if the project would be financed by BioPac.

Supervisor Dolan responded that BioPac would be financing the entire thing. They have 22 plants in Italy and one in the Dominican Republic and are looking to open in this country. They had a potential location in Massachusetts, but things w didn’t work out because it was located too far from the power grid, which made it too expensive to hook up. Mr. Parker again urged the Supervisor to ask for BioPac’s financials, commenting that the Italian economy was “not a pretty picture,” at the moment.

Supervisor Dolan responded that the inventor of the technology was Italian but the company is owned by an American. He believes they will soon be putting up a website. As soon as it is available, he will make the URL public. Mr. Parker reiterated his point that researching BioPac’s competition could prove to be financially beneficial for the Town in the long run. .
The Supervisor stated that BioPac had come to him and since it wasn’t going to cost the Town anything, the Board decided to look into it.

Sue Scher asked whether Supervisor Dolan had anything in writing from Biopac and was told that he did not.

Bob Randhare recounted that while driving home to the Woodlands on Route 17 from New Jersey, he found himself behind a large truck carrying wood product. The truck turned up Sterling Mine Rd and then Long Meadow Road. Mr. Randhare was then curious and followed the truck all the way to the highway department and the Perfect Cut facility where he took pictures, which he presented to the Board. He wondered who is controlling the facility and more specifically, who is monitoring what comes in. He described the load as “pieces of trees – not logs.”

Upon looking at the pictures, Supervisor Dolan said he assumed the load was going to be sold as firewood, but he said he would check.

Mr. Randhare then asked “how do we know what it is? Are we on the honor system at the facility?” and the Supervisor replied “yes.”

Mr. Randhare responded that he had thought that the Town was no longer receiving material to which Supervisor Dolan responded they were receiving hard wood for saw logs or firewood.

Several audience members then commented that this was the first time they had heard any reference to firewood.

Councilwoman Spivak commented that the DEC was monitoring the situation closely.
The Supervisor further commented that Perfect Cut is still in business at the site. They are no longer accepting any material for mulching other than from the Town of Tuxedo, but they do go and cut down trees and then bring the trees back either for lumber or firewood. The Board feels they must allow the company to do this while they are getting rid of the mulch piles which are currently in compliance with the DEC.

Sue Scher stated that she had sent the entire Town Board information about Greenway Environmental, a company from Poughkeepsie who recycles brush into mulch and wondered if Greenway had been in touch since no one from the Town had even acknowledged receiving her email.

Supervisor Dolan replied that they had tried and that he would be getting back to them to make an appointment.

Ms. Scher then wondered how the Town could make a plan for what they wanted to do with the facility if they were not investigating other avenues.

The Supervisor responded that the first priority was to clean up the site and the Town is working with the DEC to do that. Once cleanup has been completed, they will explore other possibilities for the site including Greenway Environmental and gasification plants.

Jim Hays inquired as to whether the Town had asked their engineers to calculate how much wood would be needed to keep a 1 megawatt plant running.

Supervisor Dolan replied that they had indeed done this and that they had been told one 30 yard container a day.

Mr. Hays asked how much money could potentially come in from the plant and the Supervisor said they hadn’t looked into that as yet. Mr. Hays next wondered if the Town produced that much wood on a daily basis and the Supervisor responded that he didn’t know.

Mr. Hays then added that since that amount of material obviously would not come into the facility every day, the Town would need to figure out how large a pile they would need to maintain and feed the gasification equipment. He further stated that they should keep in mind that all wood, be it brush, mulch, wood chips, saw logs or firewood would produce leachate if left there long enough.

Supervisor Dolan replied that logs—both saw logs and firewood—were not allowed to be at the facility for any longer than 18 months. As such, the logs are currently dated so that this can be monitored and everything is logged in and out. These records can be FOILed from the DEC.

Patrick Bourke stated that he found it hard to believe that the DEC would allow anyone to stockpile potentially infected wood and then transport it out of the facility and over state and/or county lines. He recounted that when he took an ash tree down on his property, he was cautioned not to move it out of the county. He then wanted to know who had gone to Perfect Cut and described the change of format for the facility?

The Supervisor informed Mr. Bourke that the Town Attorney, the DEC and several members of the Town Board had all relayed this information to Perfect Cut.

Mr. Bourke then asked several questions about how and for what the Town is compensated by Perfect Cut and was told that at this point the Town is only receiving rent from Perfect Cut.

In response, Mr. Bourke stated that he and other audience members found it difficult to accept how trusting the Town Board members continue to be about what is going on at the facility.

Rodger Friedman wondered if, should the Town decide to go with the gasification plant, would it be required to go through State Environmental review and he was told yes. He then read into a record a letter from the Sterling Forest Partnership expressing that organization’s concerns for potential impacts from the gasification on Sterling Forest State Park. Click here to review a copy of the Sterling Forest Partnership Letter

Jim Hays asked if the Town Police had ever been asked to monitor what trucks were coming in and out of the facility as he found the Town’s total trust of Perfect Cut to be a little surprising.

Supervisor Dolan responded that he had “never had any reason to suspect that Perfect Cut might be cheating” to which Mr. Hays replied “because people do cheat!”

Police Chief Welsh stated that his department ran DOT checks twice a month and had never had any trouble with any of the Perfect Cut trucks.

Supervisor Dolan stated that if the Board decided to go forward with any kind of facility after they had brought the pile down, they would enter into a new kind of agreement which would probably be a straight month to month fee.

Patrick Bourke asked if the Supervisor would entertain letting him set up a couple of cameras, at no expense to the Town, to monitor what is coming in and going out of the facility for a couple of months.

Supervisor Dolan replied no, he was not interested in buying anything from Mr. Bourke’s company!

Mr. Bourke responded that he was NOT trying to sell anything, and repeated there would be NO expense to the Town; he just needed a pole to hang the cameras on.

The Supervisor then replied that “sure,” he would be interested but he added that the Town already had some cameras installed at the facility.

Jake Matthews asked what the plan was to reduce the mulch pile since it doesn’t appear as though the pile is going down. The Supervisor replied that Mr. Matthews was wrong and that they had removed 15,000 yards of material so far but they are also simultaneously moving material from the back of the site, away from the buffer zone, to the front of the site.

There are presently about 5 trucks a day leaving the facility with wood chips.

Mr. Matthews then asked what the proposed gasification plant would make in terms of profit.
He was told it would earn roughly $120 an hour.

Mr. Matthews then stated “So, you are saying someone will come in here and spend approximately $3 million to build the plant for a profit of $120 an hour?”

The Supervisor replied that the owner was looking for places to expand his business.
Mr. Matthews recommended that the Town compile a list of different companies offering this technology.

Councilman Loncar replied that Mr. Matthews was getting ahead of the situation and that all that the Town is currently doing is investigating a certain technology to see if they wanted to get involved.

Mr. Matthews responded that he understood this but he still thought the Town should be making a list of different potential companies. The Supervisor then stated that if another company approached him and wanted to come into the Town of Tuxedo, he would consider it. Mr. Matthews commented that perhaps the Dominican Republic has relaxed regulations for dealing with this kind of company to which the Supervisor replied that BioPac also had 22 plants in Italy where the regulations were as strict if not stricter than they are in this country. The owner is looking for a showcase plant so that he can sell the technology to other companies.

Jim Hays asked how the owner had heard about the Town of Tuxedo. Supervisor Dolan replied that he had driven by it. He lives in New Jersey where he owns gas stations (the new Pilot station in Mahwah) and was driving to Tuxedo Ridge via Long Meadow Road. When David Parker asked for the man’s name, no one could come up with it but he was told if he called tomorrow, the Supervisor would give it to him.

Patrick Kelly handed a handwritten note to the Supervisor from September, 2008 and asked whether or not the Supervisor had written it?

Supervisor Dolan denied that the note was written in his handwriting.

Mr. Kelly then asked how much the Town of Tuxedo had paid to remove his trailer from his property.

The Supervisor replied that the Town had not paid, Mr. Kelly had paid. He further stated that Mr. Kelly had been living in a trailer which was on the property illegally and had been hazardous to his health so the Town had it removed.

Mr. Kelly disagreed with this and said he would be coming to all Town Board meetings from now on.

After Mr. Kelly stormed out of the meeting, the Supervisor stated that he had met with Mr. Kelly the week before in his office for an hour and that Mr. Kelly has issues which remain unresolved.

The meeting was then adjourned into an executive session to discuss police matters.

Agenda for Town Board Meeting February 25, 2013

Call to Order
Pledge of Allegiance

Moment of Silence and Reflection Honoring Memory of Madeline M. Napolitano

Minutes
Monthly Reports
Public Comments on Agenda Items

1. Town Supervisor/Town Board Update

2. Resolution to Approve Annual Towing Licenses

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

Public Comments
Budget Transfers
Vouchers

Adjournment

Town Board Meeting February 11, 2013

The Town Board met on Monday, February 11, 2013 at 7:30 pm. All members were present.

Town Supervisor/Town Board Update:
Supervisor Dolan reported that he has been in talks with a company called BioPac Recycling Revolution about the possibility of their setting up a one megawatt gasification plant at the Highway garage. BioPac currently has 22 plants in Italy and one plant in the Dominican Republic. Because the Supervisor is a little skeptical about the proposal, there is a possibility that the Board will take a field trip to the Dominican Republic to see Biopac’s plant in action. The plant there burns sugar cane. The plant being proposed for Tuxedo would burn wood material as well as leaves.

Sue Scher asked if the DEC had any comments about the proposed operation.

The Supervisor explainedthat the plant would fall below the DEC’s permitted amount of smoke produced.

Town Attorney Nichol counseled that they would still need a DEC permit. He added that the Board members are entitled to have their expenses paid by the Town and if BioPac chooses to reimburse the Town, that is entirely legal and would not be the same thing as giving a gift to the Board members.
Andy Rogers then asked for clarification of the process, stating “we burn the material, it produces electricity and we sell it into the grid.” The Supervisor confirmed that this is what would happen.

Mike Squillini asked if this would go to a public vote and he was told no, it would be a Board decision whether or not to move forward.

Sue Scher asked if there would be a public presentation.

The Supervisor replied that there probably would be.

Jake Matthews asked if the Town generated enough leaves and brush to justify such a plant.

Supervisor Dolan replied that he didn’t know and that this was certainly a question that would need to be answered.

The Supervisor then announced that as of the previous Tuesday, the mulch plant was in 100 % compliance with the wetland buffer.

Sue Scher asked for an update the DEC concerns regarding the mulch facility.
She was told that the Town has sent several different reports to the DEC and they, in turn, have made comments on those reports. Now, the Town’s engineer is reviewing the comments and he will respond to them.

Resolutions:
The following resolutions were passed:

A Resolution reconfirming the Default of Sterling Mine Estates Developers and authorizing recalculation of Funds to be drawn from the Letter of Credit inclusive through February, 2013. The Town has had issues with this development over the roads and landscaping for a long time. Now, the Town will take the money from the developer’s bond and get the work done.
A Resolution authorizing the Town Clerk to attend the NYS Town Clerks Association Training Conference in Buffalo, NY April 27-May 2, 2013.
A Resolution to appoint J.S. Braddock Agency as broker for the Town’s insurance requirements for 2013

Public Comments:
Mike Squillini inquired if the Thruway had put up a bond with the Town before they started doing work on the bridge.

He was told that they had not. Supervisor Dolan stated that he would soon be writing a letter to the NYS Thruway Authority stating that the Town wants the property restored to its original condition. In the letter, he plans to list things that must be done such as cleaning silt out of culverts,seeding and planting on the berm.

David Parker inquired about the rating of the insurance company appointed by the Town and was told it was AAA.

Jake Matthews inquired about the progress on the bus shelter. Supervisor Dolan said they were waiting for the weather to warm up to install the stucco, which cannot be done in temperatures below 32 degrees. Also, the Chamber of Commerce is donating a bulletin board for the back of the structure. They haven’t decided on a specific model or design yet, but are leaning toward an electronic one.

Next Mr. Matthews asked if the hours at the mulch facility were still dawn to dusk.

Supervisor Dolan responded that since the facility was not taking in any new material (except for logs) there were no hour restrictions.

Mr. Matthews also wanted to know the status of the temporary housing for the Watchtower. He was told that this was to be the subject of a Planning Board meeting the next night and that Watchtower has withdrawn their request for temporary housing. They want to get going on their headquarters in Warwick and the housing proposal wasn’t moving quickly enough through the Planning Board process. Thus, they are looking at other options, such as local motels, to house their workers. The last option is to purchase homes throughout the Town of Tuxedo and, as such, they have been out in the Town looking at properties. Councilman Matthews asked if these homes would then be taken off the tax roll if purchased by the Watchtower group and the Supervisor responded that he didn’t know but it was a possibility. Sue Scher then asked if this was what was behind the rezoning proposition currently in front of the Planning Board regarding the area around Benjamin Meadow Road. She understands that this area of town may be rezoned to allow for bed and breakfast businesses.

The Supervisor said he didn’t know about any request for bed and breakfast establishments anywhere in Town.

Jake Matthews brought up the proliferation of signs and banners throughout Town. He stated that although he felt that businesses should be able to advertise themselves and he fully believed in supporting local businesses, he also felt that certain establishments seemed to be slapping up cheap vinyl banners and, in his opinion, these don’t look good. Councilman Phelps replied that the Building Inspector had recently gone around and checked all the businesses and everyone is in compliance with the Town’s Code. Supervisor Dolan encouraged Mr. Matthews to send him an email outlining the specifics of his complaints and he pledged to do what he could.

Finally, Mr. Matthews inquired about an old blue truck with a crane on its back, which has been parked by the Orange Top for a very long time.
Supervisor Dolan suggested that Mr. Matthews photograph the truck and e-mail him the picture so that he could look into it.

The meeting was then adjourned into an Executive Session for the Town Board to get advise from their attorney regarding litigation.

Agenda for Town Board Meeting February 11, 2013

Call to Order
Pledge of Allegiance

Minutes
Monthly Reports
Public Comments on Agenda Items

1. Town Supervisor/Town Board Update

2. Resolution to Reconfirm Default of Sterling Mine Estates Developers and Authorize Recalculation of Funds to be Drawn from Letter of Credit Inclusive through February, 2013

3. Resolution to Authorize Town Clerk to Attend the NYS Town Clerks Association Training Conference in Buffalo, New York, April 27 through May 2, 2013

4. Resolution to Appoint Town General Liability Insurance Company

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 regarding Hurricane Irene

Adjournment

Town Board Reorganization & Regular Bi-Monthly Meeting January 28, 2013

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Agenda for Town Board Reorganization and Regular Monthly Meetings January 28, 2013

Call to Order
Pledge of Allegiance

Public Hearing to Receive Comments Regarding Renewal of Cablevision Franchise

2013 Reorganization Meeting

Regular Bi-Monthly Meeting

Minutes
Monthly Reports
Public Comments on Agenda Items

Town Supervisor/Town Board Update
Resolution to Grant Renewal of Franchise with Cablevision of Rockland/Ramapo LLC
Resolution to Appoint Christopher McGrady as Seasonal Snow Plow Operator
Resolution to Authorize Execution of Agreement with Warwick Humane Society for 2013 Animal Shelter Services
Any other business as may come before the Board after this Agenda is posted

Public Comments
Budget Transfers
Vouchers

Adjournment

Agenda For Town Board Meeting January 14, 2013 - EXECUTIVE SESSION ONLY

Call to Order
Pledge of Allegiance

Resolution to Enter into Executive Session for the Sole Purpose of Interviewing Candidates for Planning Board Membership

Adjournment

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